Report - Representations made to Decision Notice

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	MCU15/0069
	
Author:	Jack Lewis – Development Planner

APPLICATION DETAILS
Application Number:	MCU15/0069
Applicant:	Sunshine Beach Constructions ATF The Tahiti Discretionary Trust
Representations Received Date:	12/10/2015
Original Approval Type:	Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 - Duplex

BACKGROUND:

A Development Permit for Material Change of Use - Multiple Housing Type 2 - Duplex was issued on the 21 September 2015 for a 2 x 3 bedroom duplex.

ASSESSMENT:

The applicant makes representations in relation to condition 14.

Condition
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan for that specific area and must include in particular:
The retention of the existing pandanus along the northern property boundary and the existing mature native trees along the southern boundary within the frontage of the site.
Suitable landscaping within the frontage of the site and the road reserve, exclusive of the access driveway, generally uncompromised by infrastructure items, including a minimum of 8 x 45L coastal street tree varieties.
Suitable native screening vegetation to be provided around the property boundaries, including
Minimum 800mm wide landscaping beds between garage 2 (and associated storage area) and the south-eastern side boundary for the length of the garage.
Minimum 500mm wide landscaping beds between garage 1 the visitor parking area and the south-eastern side boundary (providing for fire escape access).
Minimum 1m wide landscaping beds along all other property boundaries.

Applicant’s Representation
Condition 14 c.b. requires a minimum 500mm wide landscaping bed between garage 1 the visitor parking area and the south-eastern side boundary. A setback of 1.088m is provided between the south eastern side boundary and the portion of the development containing garage 1 and the visitor car parking area. The private building certifier for the project has advised that a minimum 1m wide clear pathway is required to be maintained along this portion of the side boundary to meet the fire escape requirements of the Building Code of Australia (BCA). Providing a 500mm wide landscaping strip in accordance with condition 14 c.b. will result in non-compliance with the BCA. Accordingly we request that condition 14 be amended as follows.
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan for that specific area and must include in particular:
The retention of the existing pandanus along the northern property boundary and the existing mature native trees along the southern boundary within the frontage of the site.
Suitable landscaping within the frontage of the site and the road reserve, exclusive of the access driveway, generally uncompromised by infrastructure items, including a minimum of 8 x 45L coastal street tree varieties.
Suitable native screening vegetation to be provided around the property boundaries, including minimum 800mm wide landscaping beds along all property boundaries, with the exception of that part of and the south-eastern side boundary adjoining the fire escape stairs, garage 1 and visitor parking, necessary to provide a pathway for fire escape purposes.

Assessment of Representation
Council agrees with the applicants represenations as the changes will allow for safe egress while still ensuring a suitable landscaping outcome consistent with the Planning Scheme.

RECOMMENDATION

AGREE to the representations submitted in relation to Application No. MCU15/0069, situated at 39 Duke St SUNSHINE BEACH  QLD  4567, and issue a Negotiated Decision Notice in accordance with the following:-

Approve a change to conditions 14 to read as follows:-

The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and The Noosa Plan for that specific area and must include in particular:
The retention of the existing pandanus along the northern property boundary and the existing mature native trees along the southern boundary within the frontage of the site.
Suitable landscaping within the frontage of the site and the road reserve, exclusive of the access driveway, generally uncompromised by infrastructure items, including a minimum of 8 x 45L coastal street tree varieties.
Suitable native screening vegetation to be provided around the property boundaries, including minimum 800mm wide landscaping beds along all property boundaries, with the exception of that part of and the south-eastern side boundary adjoining the fire escape stairs, garage 1 and visitor parking, necessary to provide a pathway for fire escape purposes.

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NOOSA
COUNCIL