planning report duplex v2 20.8.19 · 131998.981050.1

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Contents
1.0     Summary..................................................................................................................................................... 3
2.0     Site Details .................................................................................................................................................. 3
3.0     Background ................................................................................................................................................. 4
3.1     Existing Approval......................................................................................................................................... 4
3.2     Breach Action .............................................................................................................................................. 5
4.0     Proposed Development Details.................................................................................................................... 5
5.0     Planning Assessment ................................................................................................................................... 7
5.1     Assessment Matters .................................................................................................................................... 7
5.2     Site Cover .................................................................................................................................................... 8
5.3     Rear and Side Setbacks ................................................................................................................................ 9
5.4     Gross Floor Area and Building Height in Storeys ......................................................................................... 10
6.0     Conclusion................................................................................................................................................. 14



Client Name:          J Biggs
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:              2
Date:                 20 August 2019



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

Proposed development:           Minor Change to Existing Approval 12612DA

Site address:                   Units 1 & 2, 25 Elanda St, Sunshine Beach
Real property description:      1 & 2 SP120747
Site area:                      Total Site Area = 774m2
                                Lot 2 = 232.1m2
Assessment manager:             Noosa Council
Owner details:                  Lot 1 - Andries Theo Knoll
                                Lot 2 - SC Biggs Pty Ltd
State Planning Policy:          Nil
Regional Plan:                  Urban Footprint
Noosa Plan Zone:                Semi-Attached Housing
Applicable Overlays:            Nil
New Noosa Plan Zone:            Medium Density Residential
Applicable Overlays:            Nil
Referral Agencies:              Nil




2.0    Site Details

Site characteristic          Description

Existing land use            Duplex Dwelling

Frontage and access          15m to Elanda Street

Topography and views         The site is relatively flat with a slight slope to the east at the rear of
                             the site.

Existing vegetation          No vegetation is proposed to be removed as part of the change.

Surrounding development      East – Duplex dwellings at 23, 25 and 27 Duke St with floor levels 2m
                             below the adjoining boundary fence. Each of the duplexes include
                             pools within their rear setback area.
                             South – An existing house with a rear setback of less than 2m.
                             North – An existing house with substantial vegetation in the rear
                             setback.




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Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System


3.0      Background

3.1      Existing Approval
On the 25 August 1998, Council issued an approval for a duplex dwelling (12612 DA). The building
was subsequently constructed, with the proposed pool not being built as shown on the approved
plans below.




Figure 2: Existing Approval Site Plan



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3.2        Breach Action
On the 1 May 2019, Council issued a breach letter regarding the use of the downstairs unit 2 area
as a self-contained unit. In addition to the breach letter, Council also verbally raised the issue of the
outside decks on the middle floor being constructed further east than originally approved.
The owner of unit 2 has resolved to not use this downstairs unapproved area. In this regard, the
following photos show this downstairs area has been decommissioned and is being used as a
storage space (not for habitable purposes).




Figure 3: Photos of the Lower Ground Floor Areas east of the existing stairwell (22 June 2019).
On the 14 August 2019, the adjoining owner to the south (27 Elanda St), provided written approval
for the following works to be undertaken to reduce the noise and light impacts between the
properties:
      1. The south-eastern side of the north-eastern deck to have a soundproof screen installed along
         the full length and height of that side of the deck.

      2. The existing privacy screen near the south-eastern boundary to have shade cloth attached
         to restrict light from the mid and upper levels and any lighting from the basement and
         associated patio.

      3. The side entry to the basement on the south-eastern side of the building is to be closed and
         permanently locked and not used as a daily entry and used for emergencies and/or storage
         access.

      4. The closure of the side entrance to the basement by locking to prevent daily use is acceptable
         to me as an alternative to relocating the entrance or walling in the entrance to avoid expensive
         structural modifications that would otherwise be required. I do not have an objection to the
         retention of the downstairs area as a basement for storage.

      5. These actions and that these works will be completed within 8 weeks subject to council
         approval and requirements as well as builder availability.
A copy of the email correspondence is included as part of this application.

4.0       Proposed Development Details
The application seeks approval to change 12612 DA conditions 15 (approved plans),16 (4m rear
setback) and any other condition as considered necessary to allow for the existing decks on the
middle floor, existing screens and storage areas.




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The unenclosed deck extension, screens and under croft ‘storage area’ appear to have been
constructed more than 20 years ago (around the same time as the rest of the building).
Undercroft Storage Areas
The ground floor appears to have been extended at the time of construction more than 20 years ago.
Considering the existing approved levels, the retrospective approval of these undercroft storage
areas increases the total gross floor area by 33m2.
Deck
The existing deck is setback 2.5m from the rear boundary for unit 2, 2.0m to unit 1 and 1.6m from
the dividing fire wall. The proposal extends the useable deck area from 12m2 (4.5m x 2.7m) to 20m2
(4.5m x 4.6m) each. The deck was built to increase the middle floor’s outdoor useable space, which
adjoins the kitchen and living areas. The decks are approximately 1.8m above natural ground level
and do not contain a floor beneath`. Existing mature vegetation is located between the deck and the
rear property boundary.
Privacy Screen
The existing privacy screen is located along the southern boundary providing a visual screen
between the properties and is 4.5m long x 3.7m high. Both the southern deck and screen is to be
covered with an acoustic fence wrap in accordance with the neighbour’s requests. A copy of the
product specifications is attached to the application material.




Figure 4: Proposed updated site plan and elevations




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Figure 5: Site photo and aerial photo of existing deck and side screen.



5.0     Planning Assessment
5.1      Assessment Matters

A minor change under The Planning Act 2016 must not result in substantially different development;
not cause the inclusion of prohibited development; require referral to additional agencies; or public
notification (if not required originally). The proposal seeks to formalise a constructed deck, privacy
screen and undercroft storage areas, which were not included on the existing approval. There are
no additional referral agencies, public notification was originally undertaken, the development does
not include prohibited development and/or result in substantially different development.

In accordance with Section 81 of The Planning Act 2016, when assessing a minor change Council
must only have regard to the relevant information within the application; any properly made
submission at the time of the original approval; all matters the Council would, or may assess against,
or have regard to if the application were a development application; and any other matter the Council
considers relevant.

There were no submissions to the original approval and was approved under the Superseded
Planning Scheme. The Noosa Plan is the current Planning Scheme and The New Noosa Plan has
been publicly notified with submissions currently being considered by Council.




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5.2       Site Cover

The Council’s delegated planning report indicates the building was constructed with a site cover of
40% (309m2) and condition 16 allowed for the modification of the rear setback on the middle floor
including the outermost projection of the separating wall and privacy screens... to a minimum of 4
metres with a minimum average setback of 4.5 metres. The deck extension (as constructed)
increases the site cover by 16m2 (42% ~ 325m2), and the building is setback 1.6m from the rear
boundary (to the fire wall between units 1 and 2).

Both the Noosa Plan and New Noosa Plan both seek for a maximum site cover of 40%. However,
the definitions and Specific/Performance Outcomes for site cover have slightly changed from The
Noosa Plan to The New Noosa Plan as described below.

 The Noosa Plan                                            The New Noosa Plan
 site cover means the proportion of a site covered by      site cover of development, means the portion of the site,
 all buildings and structures shown as a percentage. For   expressed as a percentage, that will be covered by a building
 enclosed spaces this includes the area within the         or structure, measured to its outermost projection, after the
 outside wall and for unenclosed spaces this includes      development is carried out, other than a building or structure,
 the area measured along a line 600mm in from the          or part of a building or structure, that is—
 perimeter of the roof. Site cover includes garages and
 other roofed outbuildings but does not include            a) in a landscaped or open space area, including, for
 landscape structures such as in-ground pools and             example a gazebo or shade structure or;
 decks.                                                    b) a basement that is completely below ground level and
                                                              used for car parking; or
 *deck means an external constructed floor which is not    c) the eaves of a building; or
 higher than 1m above the natural ground surface.          d) a sun shade.
 Eastern Beaches Locality Code                             Medium Density Residential Zone Code
 O6 The site cover, gross floor area and plot ratio of     PO7
 buildings and other roofed structures—                    Development:
 a) results in a building scale that is compatible with    a) is of a scale compatible with surrounding development
      surrounding development;                                and the particular circumstances of the site; and
 b) does not present an appearance of excessive            b) does not present an appearance of bulk to adjacent
      bulk to adjacent properties, roads or other areas       properties, roads or other areas in the vicinity of the site.
      in the vicinity of the site;
 c) maximises the retention of existing vegetation
      and allows soft landscaping between buildings;
 d) allows for adequate area at ground level for
      outdoor recreation, entertainment, clothes drying
      and other site facilities; and
 e) facilitates onsite stormwater management and
      vehicular access.

The changes to the definition are attributed to the standardising of the Queensland Planning
Provisions (QPP), and allow for large standalone gazebos, shade structures and eaves in excess of
600mm to be constructed without being counted as site cover.

Under The New Noosa Plan provisions, a large gazebo could be constructed within the outdoor
landscaped areas and all eaves extended without contributing to site cover, which could present as
a more bulkier presentation and less overall permeable site area. The existing deck area is
uncovered and 1.9m above a permeable landscaped area. Existing vegetation up to 4m in height
surrounds the deck along its eastern and southern sides which helps to screen any appearance of
excessive bulk to adjacent properties.

Although slightly exceeding the 40% requirement, it is acknowledged that a house may also be
constructed on the site with a site cover of 50%. The existing deck is of a scale compatible with
surrounding development and the circumstances of the site, consistent with the Outcomes of both
The Noosa Plan and The New Noosa Plan.




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5.3       Rear and Side Setbacks

Both Planning Schemes require a 6m rear setback for duplex developments within this part of
Sunshine Beach. However, a dwelling house may be allowed to be constructed up to the boundary,
provided no part of the building protrudes beyond a projection line that rises from 1.8m above ground
at the property boundary. The proposal meets the setback requirements for a detached house, but
not for a duplex.

A picture of the deck areas looking east towards the ocean and rear boundary are provided below.




Figure 5: Site photo of existing decks looking east (unit 1 on left and unit 2 on right)

The relevant Specific/Performance Outcomes for setbacks under the relevant planning scheme are
described below.

 The Noosa Plan                                           The New Noosa Plan
 Eastern Beaches Locality Code                            Medium Density Residential Zone Code
 O5 Buildings and other structures are appropriately      PO10
 designed and sited to—                                   Buildings and structures are designed and sited to:

 a)   provide amenity for users of the premises as well   a)   provide a high level of amenity to users of the
      as preserve the visual and acoustic privacy of           subject site and adjoining premises,
      adjoining and nearby properties;                         including provision of visual and acoustic privacy;
 b)   provide adequate distance from adjoining uses;      b)   not unreasonably obstruct views or cause overlooking
 c)   preserve any existing vegetation that will buffer        of private open space or habitable areas of adjoining
      the proposed building;                                   premises;
 d)   allow for landscaping to be provided between        c)   provide adequate distance from adjoining land uses;
      buildings and street frontages and between          d)   preserve existing vegetation that will help buffer
      neighbouring buildings;                                  development;
 e)   maintain the visual continuity and pattern of       e)   allow for space and landscaping to be provided between
      buildings and landscape elements within the              buildings including adequate area at ground level for
      street; and                                              landscaping with trees, shrubs, outdoor living and
 f)   protect the natural character and visual amenity         utilities;
      of the beachfront.                                  f)   be consistent with the predominant character of the
                                                               surrounding area; and
                                                          g)   protect the natural character and avoid adverse impacts
                                                               on ecologically important areas such as national parks,
                                                               waterways and wetlands

The difference in ground floor levels between the Duke Street duplexes and the subject properties
results in the developments looking over the top of the adjoining neighbours to the east. A 2m high
fence exists along the eastern boundary and much of the acoustics from the house are not focussed
on the Duke Street properties.




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The adjoining house to the south of the site (27 Elanda Street) is constructed within 2m of the rear
boundary to take advantage of the elevation over the top of the Duke Street properties and enjoy the
ocean views to the east. The existing deck is finished at a lower level than the adjoining development
at 27 Elanda St and maintains the visual continuity and pattern of developments along Elanda Street,
consistent with the predominant character of the area.

There is also substantial mature vegetation along the eastern property boundary, allowing for limited
opportunities to from the decks towards any open space areas on adjoining properties. The
vegetation is to be retained and has enough area to be further supplemented with appropriate
screening species at ground level. The existing deck extension is small scale and appropriately sited
to match in with the existing building and outdoor living areas, whilst also providing for a high level
of amenity to users of the subject site and adjoining premises.

The applicant also seeks retrospective approval for a 4.5m wide x 3.7m high timber screen along
the southern boundary of unit 2. This fence appears to have been constructed more than 20 years
ago as part of the development to restrict overlooking from the first-floor window into the
neighbouring house, as shown in Figure 5.

The relevant outcomes for setbacks require the existing buffer vegetation, as well as the visual and
acoustic amenity to be preserved to adjoining and nearby properties. The adjoining owner has
provided their written approval for the screening element to remain along the boundary, subject to
additional treatment using an acoustic fence wrap as provided in the supplementary attachment.

The inclusion of these elements will preserve the visual and acoustic amenity between neighbouring
dwellings in accordance with the relevant Outcomes of The Noosa Plan.


5.4      Gross Floor Area and Building Height in Storeys

The existing development was approved more than 20 years ago under the Superseded Planning
Scheme. The definitions of the Superseded Planning Scheme allowed for ‘basement’ areas not to
be included as gross floor area or building height in storeys, where the floor level is situated 1.2m or
more below the natural ground and finished ground levels.

The undercroft storage areas are existing within both units, as shown below on the built format plan.




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Figure 6: Built format plan of the undercroft areas (note the levels and finished floor levels relative to
existing Natural Ground Levels and Finished Floor Levels). Highlighted are the existing enclosed areas and
in red the areas not compliant with the definition for basement.

The levels surrounding the ground floor areas vary along both sides of the units. Unit 1 is located
further into the ground and is more than 1.2m below the existing NGL along the entire elevation. The
levels alongside Unit 2 vary, with part of the level below the 1.2m relative to NGL in the south eastern
part of the site, and only 0.5m below NGL adjacent to the internal stairwell, as demonstrated in the
section plan below.




Figure 7: A section plan of the undercroft areas relative to existing natural ground levels.



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As a result of the changes in levels across the site, part of the undercroft areas meets the definition
of a ‘basement’ under the superseded planning scheme. Considering the different heights along the
southern boundary of unit 2, part of the building is considered gross floor area and contributes to
building height in storeys and Gross Floor Area.

Gross Floor Area

The definition for Gross Floor Area within The New Noosa Plan has changed compared with The
Noosa Plan and does not include stairwells on any level. The resulting calculation of GFA under The
New Noosa Plan (and QPP) definition results in the existing approved development having a GFA
of only 315m2, as shown below.




Figure 8: Gross Floor Area calculation plan using The New Noosa Plan and QPP definition. The stairwells
result in an additional 33m2 of GFA.

By calculating the Gross Floor Area in accordance with The New Noosa Plan (and QPP) definition -
the development has the capacity to increase the onsite GFA by 33m2. Considering the undercroft
areas along the southern boundary of Unit 2 are not more than 1.2m into the ground, these areas
must be calculated as Gross Floor Area and conveniently contribute to an additional 33m2 of GFA.

Having regard to the definition for ‘basement’ under the Superseded Planning Scheme and The
definition for ‘Gross Floor Area’ under The New Noosa Plan - the resultant Gross Floor Area for the
existing development can comply with the 0.45:1 requirement (348m2).

The relevant Outcomes of The Noosa Plan relevant to Gross Floor Area seek to limit the appearance
of bulk to adjoining buildings and allow for landscaping to be provided between buildings. The
additional GFA is only viewable to the adjoining owner along the southern boundary.



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The adjoining owner has provided written approval for the existing built form to remain, subject to
the restriction of the use of the side entrance. The owner is willing to also accept conditions restricting
the use of the undercroft areas to storage only and all existing mature landscaping is to remain,
consistent with the Specific and Overall Outcomes pertaining to Gross Floor Area.

Building Height in Storeys

The existing building does not comply with the Superseded Planning Scheme definition for ‘Building
Height in Storeys’ through a section of the building where the existing downstairs storage area aligns
with the top floor bedrooms along the southern elevation, as shown below.




Figure 9: Area of building more than three storeys in height using The Superseded Planning Scheme
Definition highlighted in purple.

The relevant outcomes pertaining to building height in storeys seek for a building height consistent
with adjoining development, and do not visually dominate the street or skyline, while also preserving
the amenity of surrounding land. The non-compliant section has been existing for more than 20 years
and mature vegetation has been able to establish along the boundaries between unit 2 and the
adjoining house to the south.

The adjoining neighbour has given their written approval for the existing built form, subject to the use
being restricted to storage only. This area of the site is unable to be viewed from the neighbour
and/or nearby streets. The amenity of the adjoining neighbour is retained byway of the retrospective
approval and does not reduce the access to sunlight, consistent with the relevant outcomes.




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6.0      Conclusion
The proposed minor change to the existing approval for a duplex dwelling (12612 DA) to formalise
an existing deck on the middle floor, a screening device along the southern elevation of Unit 2 and
restrict the use of the ground floor units to storage is not considered substantially different
development.

The assessment finds the minimal increase in the site cover as a result of the change is compatible
with surrounding development and the circumstances of the site. The rear and side setback
encroachments are appropriate (in this instance), as the site affords existing mature landscaping to
neighbours and retains the amenity of users of the site and adjoining properties.

Having regard to the definition for ‘basement’ under the Superseded Planning Scheme and The
definition for ‘Gross Floor Area’ under The New Noosa Plan - the resultant GFA for the existing
development can comply with the 0.45:1 requirement (348m2).

Although, the development does not technically meet the building height in storeys definition along
the southern elevation of Unit 2, the adjoining neighbour impacted by the encroachment has provided
their formal letter of approval, subject to additional acoustic treatments to fences and restrictions of
the ground floor areas for storage only.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended, subject to the following wording changes to conditions 15, 16 and any other
condition of 12612 DA as considered necessary (deleted strikethrough, additions bold underlined):

15.    Development undertaken in accordance with this approval must generally comply with the
       approved plans of development. The approved plans are numbered 9801TP01 to 03
       prepared by ACArch and dated April 1998 (Amended August 2019) and as may be
       amended by these conditions.

16.    Modification of the rear building setback for the upper level deck is approved as shown on
       the proposal plan. Modification to the rear setback in relation to the lower level (middle floor)
       including the outer projection of the separating wall and privacy screens is approved to a
       minimum setback of 4 metres with a minimum average setback of 4.5 metres.

Please contact me if you require any further information and/or clarification with respect to the above
application.




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