Planning & Environment Court Appeal No. 2698 Of 2025 – Application For A Material Change Of Use For A Dwelling House 6 Arakoon Crescent, Sunshine Beach · Attachment 3 - Officer'S Original Report

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

               A review of this performance outcome has been undertaken, and it is considered that the proposed
               front setback could be supported as a performance-based solution. This setback is generally
               consistent with the prevailing built form and established front setbacks on the eastern side of
               Arakoon Crescent. In this context, the proposed setback could not be included as a reason for
               refusal for this application.
               Site cover
               Acceptable Outcome AO8.1 of the Low Density Residential Zone Code states:

                AO8.1
                Site cover of all buildings and structures on site does not exceed:
                 a.     for a single storey building – 50%;
                 b.     for a building of 2 storeys –
                 c.     50% for one of the storeys; and
                 d.     30% for the other storey; or
                 e.     40% for both storeys.
                 f.     Editor's note—refer to Figure AP3-9A

               The proposal does not comply with Acceptable Outcome AO8.1 of the Low Density Residential
               Zone Code on the basis that the site cover exceeds 40% from a bird’s eye view.
               The proposed development is therefore required to comply with the corresponding Performance
               Outcome PO8 of this code, which states:

                PO8
                Development:
                 a.     is of a scale compatible with surrounding development and the particular circumstances
                        of the site;
                 b.     has a low site impact to maximise the opportunity to retain site characteristics, such as
                        native vegetation and natural landforms;
                 c.     allows the opportunity to provide soft landscaping between buildings;
                 d.     does not present an appearance of bulk to adjacent properties, roads or other areas in the
                        vicinity of the site.

               The resulting building bulk does not meet Performance Outcome PO8 on the basis that:



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Document Set ID: 24062772
                   24048874
Version: 1,
         10,Version
             VersionDate:
                     Date:27/08/2025
                           27/08/2025