Delegated Report - Code - Planning MCU18 0135 · MCU18/0135

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0135
Applicant	Marc Campbell Murray Karen Kah Yuen Murray
Proposal	Material Change of Use - Detached House
Properly Made Date	28 August 2018
Information Request Date	11 September 2018
Information Response Date	20 September 2018
Decision Due Date	11 December 2018
Report Completed Date	27 November 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Noosa Dunes 15/512 David Low Way Castaways Beach Qld 4567
RP Description	Lot 15 SP 111721
Land Area	954 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazard Overlay – Slide Hazard Natural Resource Overlay – Coastal Protection Area UXO – State requirement (Substantial)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House within the Coastal Protection Overlay in The Noosa Plan.  The proposed dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development. The Noosa Plan calls up the relevant Plan of Development 67 on plan ACA-1, Zoning Map ZM4a. Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following.

site details
Background and Site Description
The site is located at the northern end of the Dunes development for which an approved Plan of Development applies.

Surrounding Land Uses
Detached dwellings are located to the north, south and west of the development, with the ocean to the east.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Detached House Code
Engineering Works Codes
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed use is defined as consistent use with the zone and is required to follow an impact 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:
Plan of Development requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 6m to west boundary (frontage) 2.5m to northern boundary (side) 2.0-6.5 m to southern boundary (side) 6m  to the east/seaward boundary (rear) 2m to remaining rear boundary (not seaward part)	The proposal complies with the setbacks required by the POD having a front setback of 6.0m and the balance of the building within the building envelope.
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height	Not Applicable
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	The proposal plans indicate a site cover of 33%.
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	The proposal plans indicate a gross floor area of 330m²

Stormwater and Slide Hazard
The applicant has provided a stormwater management plan and a site classification report. A condition will be included to ensure development is undertaken in accordance with both reports.

Coastal Protection
The proposed dwelling maintains the required setbacks under the Plan of Development.

The building design well-articulated and aesthetically presented to all boundaries.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Contaminated Land (unexploded ordnance)
The Department has responded advising that the applicant is required to provide written confirmation to the Department that the site has been remediated and cleared of Unexploded Ordnances. Refer attached.
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering

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 MCU18/0135 for a Material Change of Use - Detached House situated at Noosa Dunes 15/512 David Low Way Castaways Beach Qld 4567 and described as Lot 15 SP 111721, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0135
Street address:	Noosa Dunes 15/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 15 SP 111721
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for / Preliminary Approval for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
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.
Approved Plans
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.
Sheet/Rev	Plan/Document Name	Date
2/23 Rev. A	Proposed site Plan, drawn by Planet	21/06/2018
3/23 Rev. A	Ground Level Floor Plan, drawn by Planet	21/06/2018
4/23 Rev. A	First Level Floor Plan, drawn by Planet	21/06/2018
7/23 Rev A	Elevations 1 & 2 (Southern and Western aspect), drawn by Planet	21/06/2018
8/23 Rev A	Elevations 3 & 4 (Northern and Eastern aspect) , drawn by Planet	21/06/2018
9/23 Rev A	Section 01a, drawn by Planet	21/06/2018
10/23 Rev A	Section 01b, drawn by Planet	21/06/2018
Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 65).
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does 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 $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.  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.
Landscaping
All vegetation outside the building envelope must be retained where practicable.
All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Site Access and Driveways
A sealed access driveway must be provided from the formation of the common property road to all parking and manoeuvring areas of the development. The works must include in particular a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 and any associated addendums.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken generally in accordance with the Engineering Report & Integrated Water Management Plan reference C6142/18/ENG-V1 prepared by Walsh Consulting Engineers dated October 2018.
All elements of the stormwater management system for the development must be wholly contained within the subject site.
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 the Slope Stability Assessment – Proposed Residence Lot 15 on SP111721, Marcus Dunes Court, Castaways Beach Project No. 18197-001-Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 6 August 2018.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Slope Stability Assessment – Proposed Residence Lot 15 on SP111721, Marcus Dunes Court, Castaways Beach Project No. 18197-001-Rev 0 prepared by Tectonic Geotechnical & Environmental Engineers dated 6 August 2018, and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Electricity and Telecommunication 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.
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.
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.4.3.1.1 Contaminated land (unexploded  ordnance)	The agency provided its response on 23 October 2018 (Reference No. 1809-7260 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.

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 Building Works	Private Certification
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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