planning report regency · MCU22/0196

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Contents
1.0      Summary ......................................................................................................................... 3
  1.1       Development application details ............................................................................................. 3
  1.2       Planning instrument details ..................................................................................................... 3
  1.3       Referral agencies ..................................................................................................................... 3
2.0      Site details ....................................................................................................................... 4
  2.1       Site description ....................................................................................................................... 4
  2.2       Surrounding land uses ............................................................................................................. 5
3.0      Proposed development details ......................................................................................... 6
4.0      Planning assessment ........................................................................................................ 7
  4.1       Technical Compliance .............................................................................................................. 7
  4.2       Building height ........................................................................................................................ 8
  4.3       Accessibility ............................................................................................................................ 9
  4.4       Street presentation ............................................................................................................... 10
  4.5       Sustainable Design Code ........................................................................................................ 11
6.0      Operational Works ......................................................................................................... 11
7.0      State assessment and other matters .............................................................................. 12
  7.1    State interests ....................................................................................................................... 12
    7.1.1 Matters established in the Planning Regulation ............................................................................ 12
    7.1.2 State Planning Policy ...................................................................................................................... 12
8.0      Conclusion ..................................................................................................................... 12



Client Name:         Looroo Pty Ltd TTE
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:             1
Date:                14 November 2022




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




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1.0 Summary

1.1 Development application details
 Proposed development:        Multiple dwellings (4 dwelling)

 Type of approval sought:     Development Permit for Material Change of Use and associated
                              Operational Works
 Site address:                130 - 132 Gympie Tce, Noosaville 4566
 Real property description:   Lot 2 on MCH3881
                              Lot 3 on MCH3881
 Site area:                   Lot 2 - 541m²
                              Lot 3 – 1,040m²
                              Total = 1,581m²
 Assessment manager:          Noosa Council
 Owner details:               Looroo Pty Ltd TTE
 Applicant details:           Looroo Pty Ltd TTE c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:       State Planning Policy 2017
 Regional plan:               SEQ Regional Plan 2009–2031 (version commenced 2 May
 Designation:                 2014), Urban footprint designation.
 Planning scheme:             The Noosa Plan 2020
 Zone:                        Medium Density Residential zone
 Level of assessment:         Code
 Applicable overlays:         Nil
 Applicable codes:            Noosaville Local Plan Code
                              Medium Density Residential Zone Code
                              Dual Occupancy and Multiple Dwelling Code
                              Works Codes


1.3 Referral agencies

Nil




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2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                              Description

 Existing land use                   Vacant land recently demolished Recency Waterfront Multiple dwellings

 Frontage and access                 37.66m to Gympie Terrace and 38m to Chaplain Park

 Topography and views                Level lots with views over Chaplain Park to Noosa River

 Existing vegetation                 No vegetation on the site.




Figure 1 - Aerial view and Site identification




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2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North       Chaplain Park and Noosa River

   South       Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)

    East       Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)

   West        Dual Occupancy and Multiple Dwellings (Medium Density Residential Zone)




Figure 2 - Zone map




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3.0 Proposed development details
Table 3: Summary of development aspects
 Material change of use

 Building height                Basement and 2 storeys (3 storeys in part)
                                8.9m

 Plot ratio (GFA)               0.4:1

 Site coverage                  39.8%

 Car parking                    8 covered spaces (2 per dwelling) plus 1 visitor space

 Site access                    Gympie Terrace


The application proposes Multiple Dwellings with the following features:


   4 x 3 bedroom dwellings;

   2 distinctive separate buildings;

   a mix of external finishes including timber, glazing and stone cladding

A copy of the Gympie Terrace and Chaplain Park elevations are included below and a full set of
drawings are provided as part of the application package.




Figure 3 – Elevations




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4.0 Planning assessment

4.1 Technical Compliance
The proposed multiple dwellings meet the relevant key technical provisions of the Medium Density
Residential and Multiple Dwellings Codes, as described below, with further discussion provided
against the relevant Performance Outcome thereafter.

 Criteria                       The Noosa Plan 2020       Proposal – 4 dwellings            Compliance
 Site Details                   128 Gympie Tce, Noosaville – 1,581m2
 Height                         8m                        8.51m                             PO
                                2 storeys                 A small portion is 3              PO
                                                          storeys as the basement
                                                          exceeds 1m above NGL
                                                          to floor level

 Site Cover                     40% (633.5m2)                  39.8% (631.1m²)              Y
 GFA                            0.4:1 (633.5m2)                0.4:1 (633.5m2)              Y
 Site area 1,582m²
 Private Open Space             Ground Level (25m2)            Each dwelling >25m²
                                Above Ground (9m2)
 Setbacks                       Frontage
                                - 1st and 2nd storey (6m)      6.0m plus                    Y

                                Rear
                                - 1st and 2nd storey (6m)      6m plus                      Y

                                Basement
                                Frontage (6m)                  8.63m                        Y
                                Rear (6)                       6m plus                      Y


                                Side
                                - East (1.5m / 2m / 2.5m)      1.5m / 2m / >2.5m            Y
                                - West (1.5m / 2m / 2.5m)      1.5m / 2m / >2.5m            Y

                                Basement (1.5m)                Basement 2m                  Y
 Landscaping                    Front 6m landscaping           Landscaped        setback    Y
                                with pools and visitor         around 2.15m
                                carparking setback >2m

                                Total = 40% (632m²)            Total = 40% (639m2)          Y
                                soft 60% (379m2)               Soft 66.1% (417m²)           Y
 Carparking                     2 spaces per dwelling and      2 spaces per dwelling        Y
                                1 space per 4 dwellings        and 1 uncovered
                                Toral req. = 9 spaces          Total = 9 spaces

                                Enter and exit the site in a   Exit and enter the site in   Y
                                forward gear                   a forward gear
 Earthworks                     Cut or fill less than 1.5m     Max 4.5m cut for             PO
                                                               basement
 Waste Storage                  Screened waste areas           Well screened                Y
                                and located for transport
                                to kerb with grade of
                                <1:15
 Roof Form                      No rooftop terraces and        No parapets                  Y
                                parapets do not exceed
                                50% of the front facade
 Fencing                        Setback an avg of 1m and       1.443m                       Y
                                articulated by stepping
                                the design.




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4.2 Building height
The proposal seeks a building height in metres of 8.51m above the NGL and a small portion of the
building is 3 storeys as a portion of the basement protrudes greater than 1m above NGL measured
to the floor level above. Noting that the proposed basement complies if measured from the existing
ground level which has been in place for more than 40 years. The relevant Performance Outcome
is provided for reference as follows.

Building Height
PO8
Buildings and structures:

      (a) are low rise and present a building height consistent with structures on adjoining and
          surrounding premises;
      (b) are designed to provide an interesting streetscape and complement landform changes and
          landscapes
      (c) do not visually dominate the street or surrounding area;
      (d) maintain a vegetated skyline;
      (e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
      (f) do not exceed two storeys.

The proposal complies with PO8 for the following reasons:

  •    The building is subject to a minimum floor level for flooding and a such regardless of if the
       development has a basement or not, the floor level would be the same level above the NGL as
       proposed, and as such a retaining wall would be constructed to meet the minimum floor level.
       Whether behind the retaining wall is filled or excavated makes no visual difference to the
       building’s external elevations and no impact external to the site or from inside the site. The
       applicant only seeks maximum utilisation of the subfloor area rather than filling the area.

       The basement is accessed only from inside the building with no façade being identifiable as 3
       storeys. This is clearly demonstrated in Figure 4 below. Regardless of a basement or not, a
       retaining is required and the floor level remains the same height above ground level;




Figure 4 - Same section with a basement and without a basement.

  •    the proposal presents 2 storeys from all elevations as 0.25m is the difference between a
       compliant basement and a storey on a flat lot.

  •    the proposal presents 2 storeys from all elevations as the additional ‘storey’ is a technical storey
       as the ground floor protrudes slightly above NGL than the definition of a basement allows;

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 •   although technically 3 storeys, 98% of the development is less than 8m above the NGL
     consistent with the building height of surrounding properties;

 •   there is no external visual impact of the protrusion;

 •   the portion of roof exceeding 8m are small areas of the over roof, not any of the main building;

 •   directly opposite the site at 115 Gympie Terrace, the multiple dwellings exceed 9m in building
     height resulting in the subject development consistent with structures on nearby land;

 •   the proposal is low rise and consistent in building height with structures on nearby land as 98%
     of the building is 8m or less in height similar to surrounding development;

 •   the development is articulated, has an unique roof form and the garages use vertical and
     horizontal battening creating a façade that presents an interesting development to the street;

 •   does not dominate the street as the areas of roof and ‘technical’ storey are minor in nature and
     are not discernible external of the site. Noting the building has a generous setback of 8m from
     the front boundary;

 •   significant high quality landscaping is provided to the frontage to provide a green presentation
     to and enhance the streetscape. Noting that only one crossover is proposed allowing for
     extensive dense landscaping within the frontage;

 •   the site is subject to a minimum floor level and Council has historically approved development
     of greater than 8m above NGL;

 •   no overshadowing or impeded views will occur as the minor areas that exceed 8m are centrally
     located and to the front of the development;

 •   the development meets all key development parameters such as setbacks, site cover, GFA,
     LOS and POS demonstrating a well designed building within the Planning Scheme provisions.


4.3 Accessibility
All units meet AO9 of the Dual Occupancy and Multiple dwelling code providing a safe continuous
step free path from a car space, a wide front door and the ground level contains a bathroom.




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4.4 Street presentation
The Medium Density zone code AO14.1(b) seeks an asymmetrical presentation to the street. The
proposal is a symmetrical design approach. The relevant PO is provided below.

Streetscape
PO14
Development:
   (a) contributes positively to the locality;
   (b) addresses and enhances the streetscape by incorporating articulation and individual design
       elements that add visual interest to the development;
   (c) has a form and architectural scale that does not dominate the streetscape or the surrounding
       properties;
   (d) does not detract from the visual amenity of adjoining properties through the impact on views,
       access to sunlight or overlooking;
   (e) takes the form of small separate buildings, rather than large single bulky development; and
   (f) sits within a landscaped setting.

The proposal is a symmetrical design but fully complies with PO14 when considering the following.

 •   Is a high quality design outcome which will contribute positively to the locality;

 •   Generally consistent with all other new multiple dwelling or Dual occupancy nearby;

 •   Addresses the street by incorporating level 2 balconies;

 •   Enhances the streetscape by highly articulated front façade;

 •   The design provides separation between 2 individual buildings of 2 units each rather than 1
     bulky building of 4 units;

 •   In addition to 2 separate buildings, each building is articulated between each unit creating an
     appearance of 2 separate individual units and as such 4 individual unit development;

 •   While symmetrical, each unit is clearly identifiable using vertical and horizontal placement of
     material finishes resulting in each units’ individual character and not a cooky cutter design
     approach;

 •    the development outcome has significant visual interest to the street resulting from a range of
     external materials, generous setback, separate buildings, articulated façade and generous
     landscaping to the front of the site.

 •   It is important that Council recognises that this is only one aspect of the built form design
     provisions, noting that the proposal meets all other built form AO’s.

Figure 5 below demonstrates an interesting façade and individual units rather than one bulky
building.




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Figure 5 - Appearance of individual units and not one bulky building



4.5 Sustainable Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code
is provided below.

 Performance Outcome                           Comment
 orientates buildings and windows to make       The design is orientated north south, which is the most efficient orientation.
 the most of prevailing winds, natural         The proposal faces all living areas and POS to the north and garaging to the
 ventilation, and cross breezes;               south. All bedrooms include natural light and access to the open space areas,
                                               while the orientation lets winter light in the outdoor areas and in most
                                               instances on decks and balconies and importantly allows for cross breezes and
                                               natural ventilation.
 maximises shade to east and west walls;       The upper level shades the ground floor and minimum opening are provided to
                                               the western façade to reduce heat penetration.
 contains an open and permeable built form     All dwellings have direct access to outdoor areas and large balconies. The
 that connects indoor and outdoor spaces in    balconies connect to the living spaces to provide BBQ and outdoor living
 an integrated design;                         opportunities.
 retains existing vegetation and natural       Although not proposing to retain trees on the site, the design proposes large
 shading where possible;                       plantings along the frontage to allow for shading and a vegetated presentation
                                               to the street and the internal driveways.
 incorporates passive building design to       The design provides windows and large open areas to provide for passive
 reduce the need for auxiliary heating and     cooling and natural breeze flow through the dwellings. The U-shaped design
 cooling;                                      provides cooling garden features of all units.
 uses low toxic internal and                   A mix of low toxic internal and external materials are incorporated for the
 external building materials;                  construction which will ensure long lasting design that does not require regular
                                               maintenance.
 uses natural light rather than artificial     Natural light is provided byway of windows, doors and internal gardens to all
 light, and may include skylights, atriums     levels.
 and light wells;
 provides a minimum floor to ceiling height    2.7m floor to ceiling heights are provided to all dwellings.
 of 2.7 metres; and
 enables efficient operation and use of        The design allows for medium density living and privacy to each of the units,
 the building.                                 while also allowing for users to easily flow between the main living and
                                               bedroom levels.




5.0 Operational Works
A full suite of engineering plans for operational works have been provided which demonstrate
compliance with the Engineering Works Codes.




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6.0 State assessment and other matters

6.1 State interests
6.1.1 Matters established in the Planning Regulation

Nil

6.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The application does not trigger assessment for coastal hazards.

7.0 Conclusion
This application seeks a Development Permit for Material Change for Multiple dwellings and
associated operational works situated at 130 and 132 Gympie Terrace, Noosaville. The use is a
consistent code assessable development within the Medium Density Residential Housing Zone. The
assessment finds the design meets the relevant Acceptable and Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

        (a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
            2020); and

        (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

        (a) must decide to approve the application to the extent the development complies with all of the assessment
        benchmarks for the development; and

        (b) may decide to approve the application even if the development does not comply with some of the assessment
        benchmarks; and

        Examples—
               1           An assessment manager may approve an application for development that does not comply
                           with some of the benchmarks if the decision resolves a conflict between the benchmarks.

                 2         An assessment manager may approve an application for development that does not comply
                           with some of the benchmarks if the decision resolves a conflict between the benchmarks and
                           a referral agency’s response.

        (c) may impose development conditions on an approval; and

        (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to
        refuse the application only if compliance cannot be achieved by imposing development conditions.

        Example of a development condition—
                           a development condition that affects the way the development is carried out, or the management of uses
                           or works that are the natural and ordinary consequence of the development, but does not have the effect
                           of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.



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