Delegated Report - Code - Planning MCU22 0058 · MCU22/0058

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0058
Applicant	Forde Developments P/L
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	22 April 2022
Information Request Date	10 May 2022
Information Response Date	30 June 2022
Stop the clock in DMP	19 July 2022
Recommenced DMP	23 August 2022
Decision Due Date	8 September 2022
Report Completed Date	8 September 2020 14 September 2022
Report Reviewed By	Patrick Murphy 08.09.2022

PROPERTY DETAILS
Property Address	6 Wyandra St Noosa Heads Qld 4567
RP Description	Lot 40 RP 139776
Land Area	599m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan
Overlays	Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy on the corner of Wyandra and Safari Street, Noosa Heads, described as Lot 6 RP139776.
Both units are 3 bedroom, 2 storey dwellings. Unit 1 fronts Wyandra Street and seeks a reduced front boundary setback. Unit 2 seeks access from Safari Street and seeks a side boundary setback for the garage only.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan GF (Rev E)
Figure 4 – Floor Plan UP

Figure 5 – Northern Elevation

Figure 6 – East Elevation

Figure 7 – South Elevation

Figure 8 - West Elevation

site details
Background
The site is currently a single storey Dwelling House with Wyandra Street being the primary frontage. The site has two vehicle crossovers, the most northern appearing to be unformalized.
Site Description
The subject site is 598m2 with frontage to both Wyandra and Safari Streets. The land falls a total of 5 metres from the upper corner of the allotment to the Wyandra/Safari Street intersection
Surrounding Land Uses
Land adjacent to the site is park land, land north of the site is a single dwelling. The subject site and existing sites along Wyandra and Safari Street has been rezoned with the new planning scheme (Noosa Plan 2020).

Figure 9 – Changes in zoning from Noosa 2006 and Noosa Plan 2020
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020 (v. 25 September 2020).
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosa Heads Local Plan Code;
Dual Occupancy and Multiple Dwelling Use Code;
Works Codes;
Landslide Hazard Overlay Code.
The subject site is located in Noosa Heads and is zoned Medium Density Residential Zone. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
AREA		598.4m2	
Building height storeys metres	- 2 storeys max 8 metres	- 2 storeys ~7.3 metres	-
Site cover	45% max 269.28m2	42.53% 254.5m2	
Gross floor area Plot ratio	239.36² max 0.4:1 max.	242.5m² ~0.4:1	
Boundary setbacks Wyandra St Safari St Northern Eastern	6 metres min 6 metres min 1.5 metres min 1.5/2.0 metres min	4.5/5.5 metres 6 metres 1.5 metres 0.9/2.0 metres	X X
Length of wall	15 metres max	13.7 metres	
Landscaped open space Soft landscaping	239.36 m² min (40%) 143.61m2 min 60% of total	243.96 m² 214.94% m²	
Private Open Space	25m² min	> 85m²	
Carparking	2 covered min 1 visitor	4 covered	

Wyandra Street Boundary Setback

AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres

PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.

The proposed duplex development is located on a corner of Safari and Wyandra Street. Wyandra Street has a frontage of approximately 26 metres and 22 metres parallel to Safari Street. The applicant has proposed to achieve a setback of 6 metres from Safari Street, and a setback of 4.5 metres from Wyandra Street for the upper level, and 5.5 metres for the lower level measured from outermost projection.

The existing development has a current setback of approximately 3.8 metres from the Wyandra Street boundary. The presentation of Unit 1 to Wyandra Street includes both horizontal and vertical elements and has incorporated a courtyard central to the unit’s street elevation. These elements assist in breaking up the front façade and reducing the dominance of the building within the front setback. Land on the opposite side of Wyandra Street  is park land, and the property adjoining to the north is on the higher side of the land and has well established vegetation. It is not anticipated that the development will raise concerns of overlooking of private space.

Considering the development is on corner lot, fall of land and existing and proposed vegetation, the reduced setback achieves compliance with the Performance outcome.

Eastern Side Boundary Setback

AO12.1 Buildings and structures meet the following minimum boundary setbacks:
for frontages — 6 metres
for side boundaries—
1.5 metres setback up to 4.5 metres height;
2 metres setback between 4.5 metres and 7.5 metres height; and
2.5 metres where above 7.5 metres height
for the rear boundary - 6 metres

PO12 Buildings and structures are designed and sited to:
provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.

The applicant seeks a boundary relaxation for a portion of the garage of Unit 2. The relaxation is for a setback of 0.9 metre for a distance of 5.8 metres, with the remaining of the building setback in accordance with the Acceptable outcome.

The area of encroachment is proposed to be landscaped to screen the building to soften the appearance of the building. It is unlikely that the reduced setback will impact on privacy or reduced access to sunlight to the adjoining to the adjoining lot as it relates to the lower level only.

The development achieves compliance with the Performance outcome.

Transport Code
The Transport Code nominates assessment against Council’s Planning Scheme Policy PSP6 which includes pathways on both sides of collector roads, and one side along local roads. The development will be conditioned accordingly to comply with the nominated Acceptable outcomes.

Commentary - Plot Ratio
The original set of plans and plans provided in response to the Information Request included the bathroom of Unit 1 and laundry of Unit 2 being excluded from gross floor area calculations.
The bathroom attached the garage of Unit 1 was removed and has been converted to storage associated with the garage, amended plan was provided for the Ground Floor (rev E).
Council’s respective calculations show the development now compliant with plot ratio.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer, Daniel Epps
The proposed works inside the subject site is largely encumbered by Medium Landslide Hazard risk. The submitted documentation did not include a Geotechnical Report supporting the proposed works. The applicant has since provided a site-specific Geotechnical Report endorsing the works. The documentation included sufficient information for Council to approve and condition accordingly.
Design Coordinator – footpath requirements, agreed with application of footpath requirements.
Senior Environmental Officer, Amanda Turner
The development application is for a Material Change of Use for Dual Occupancy situated at 6 Wyandra St, Noosa Heads (Lot 40 RP139776). The development is situated on a lot totalling 598.42m2.
The Landscaping Plan provided includes planting between the roadside boundaries (Wyandra St and Safari St) and the development with a concrete edge proposed along the boundary. It is noted that there are two small areas that are proposing astro/fake turf. This has been considering and the areas are small and not visible from the road and will generate minimal additional rainfall runoff. The provided landscape plan is proposed to include additional screening planting in some areas of the boundary therefore conditions will be included that revised plans are to be provided during the Operational Works application stage. A number of species provided are not appropriate as it does not meet the PSP2 – Landscaping policy with a number of species selected being exotic or not endemic to the Noosa region. Conditions are included to provide an amended landscape plan during the Operational Works application.

See below a list of species not suitable:
Philodendron ‘xanadu’ – exotic
Buckinghamia celsisima – not endemic
Plumeria obtuse – exotic
Lomandra fluviatilis – not endemic
Nandina domestica – exotic
Zamia furfuracea – exotic
Bromeliard sp – exotic
Liriope ‘Evergreen Giant’ – exotic
Myoporum ellipticum – not endemic
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0058 for a Material Change of Use - Dual occupancy situated at 6 Wyandra St Noosa Heads Qld 4567 and described as Lot 40 RP 139776, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0058
Street address:	6 Wyandra St Noosa Heads Qld 4567
Real property description:	Lot 40 RP 139776
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
202217-DA.03	D	Proposed Site Plan prepared Blackwood Architecture & Design	18 August 2022
202217-DA2.01	E	Ground Floor Plan prepared Blackwood Architecture & Design	6 September 2022
202217-DA2.02	D	Level 1 Floor Plan prepared Blackwood Architecture & Design	18 August 2022
202217-DA2.03	D	Roof Plan prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.01	D	North Elevation prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.02	D	East Elevation prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.03	D	South Elevation prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.04	D	West Elevation prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.05	D	Section A prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.06	D	Section B prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.07	D	Section C prepared Blackwood Architecture & Design	18 August 2022
202217-DA3.08	D	Section D prepared Blackwood Architecture & Design	18 August 2022
Currency Period
This development approval lapses if the use has not happened by 8 September 2028 unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Protection of Privacy
The upper level balcony located on the eastern building face (BAL 1) of Unit 2 must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and Planning Scheme Policy PSP2 - Landscaping for that specific area and must include in particular:
the Landscaping Plans & Details shown on Sheets 1,2, 4 & 5, dated 27 June 2022, prepared by Element Design Landscape and Architecture, with the exception of:
the following species requiring substitution with either species from the Noosa Plan – PSP2 - Landscaping preferred list or native endemic species to Noosa:
Philodendron ‘xanadu’ – exotic
Buckinghamia celsisima – not endemic
Plumeria obtuse – exotic
Lomandra fluviatilis – not endemic
Nandina domestica – exotic
Zamia furfuracea – exotic
Bromeliard sp – exotic
Liriope ‘Evergreen Giant’ – exotic
Myoporum ellipticum – not endemic
Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
Inclusion of additional/substitution of species to ensure species planted within the landscaping strip along the Wyandra Street and Safari Street boundaries grow to a minimum 1.5m height at maturity and provide a dense vegetated screen.
Inclusion of species along the two rear boundaries that will grow to a minimum 4m height at maturity.
Revised plans are to be provided to show the design changes which is of impact to the areas of proposed landscaping i.e. landscaping within the garage setback of Unit 2.
a 1.5 metre wide landscaping strip along the Wyandra Street and Safari Street road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items
Exotic species may be planted around the pool area only but not exceed 25% of the landscaping.
Exotic species must not be included as boundary screening plants or be visible from Wyandra Street and Safari Street. Boundaries must be screened with species selected from PSP2 – Landscaping or Noosa native species.
The Operational Works application must include the Landscaping Plans & Details shown on Sheets 1,2, 4 & 5, dated 27 June 2022, prepared by Element Design Landscape and Architecture, with the required conditioned amendments included.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Fencing, Walls and Screening
Fencing must:
Be located wholly within lot boundaries.
Front fences are no more than 1.2 metres high or 1.8 metres if at least 50% transparent.
Be setback with dense screening landscaping between boundary and fence.
Site Access and Driveways
A sealed access driveway must be provided from both Wyandra Street and Safari Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
driveway crossovers generally in accordance with RS-049, RS-050 and any associated addendum;
driveway crossovers generally in accordance with drawing number C30, Rev A, prepared by RECOR Consulting dated 24 June 2022 and any associated addendum.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works described in drawing number C30, Rev A, prepared by RECOR Consulting dated 24 June 2022 and any associated addendum.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in section 5 of the Slope Stability Assessment report prepared by SCG Consulting Engineers dated 27 July 2022.
Pathways
A minimum 1.8m pathway must be constructed along the Wyandra Street frontage.
A minimum 1.5m pathway must be constructed along the Safari Street frontage.
All pathways must be constructed in accordance with the following requirements:
All footpath/cycleway must comply with Council’s Standard Drawing SEQ R-065.
Provision must be made for disabled access at all kerb crossings associated with pathways, in accordance with Council's current standards.
All paths must have a slip resistant surface.
Expansion and contraction joints must provide a flush finish. Installation of joints by saw cutting is preferred to ensure a smooth ride for cyclists.
The required work includes any modifications to ensure the footpath finishes flush with all existing service covers and the like, or alternatively these services are raised or altered, so as not to create a pedestrian safety hazard.
Pathways must:
terminate in a manner that ensures smooth transition to existing surfaces for public safety.
be designed and constructed to comply with the Disability Discrimination Act (DDA), Access to Premises Standard, Austroads and relevant sections of AS1428 Design for access and mobility.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Qualified Person
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Community Title Scheme - Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road work, Stormwater, Drainage work, Earthworks, Landscaping, Vegetation Clearing.
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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