Delegated Report - Code - Planning MCU21 0012

Author	Nick Cooper/Patrick Murphy
Consultant/ Coordinator Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0012
Applicant	Rosalind Anne Broadhurst Graham Geoffrey Broadhurst
Proposal	Material Change of Use - Dwelling house
Properly Made Date	3 February 2021
Information Request Date	3 March 2021
Information Response Date	7 May 2021
Decision Due Date	14 June 2021
Report Completed Date	1 June 2021
Report Reviewed By	Kerri Coyle 31.05.2021

PROPERTY DETAILS
Property Address	32 Plover St Peregian Beach Qld 4573
RP Description	Lot 9 P 9313
Land Area	506m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Coastal Protection (Coastal Protection and Scenic Amenity) Landslide Hazard Overlay – Moderate (not assessable)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.  The proposed dwelling is a 2-storey dwelling that includes a 2 car garage, 4 bedrooms, 3 bathrooms, kitchen and associated living areas. A pool and deck area are also located on the lower level.
The proposal seeks the following variations:
Eaves of the building extend within the 6m rear setback, and 2m side setbacks.
Stairway and deck extend within 1.5m of the northern side boundary
Length of wall above 5m in height exceeding 20m in length
Building height exceeding 8m;

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Lower Floor Plan

Figure 4 – Upper Floor Plan

Figure 5 – West Elevations

Figure 6 – East Elevations

Figure 7 – North Elevations

Figure 8 – South Elevations

site details
Site Description
The site is 506m2, currently vacant, and includes native vegetation sloping away from Plover Street boundary to the rear boundary.
Surrounding Land Uses
The site adjoins a vacant lot to the north, and the coastal reserve to the east. To the west and south are existing dwelling houses.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Zone Code;
Low Density Housing Code;
Coastal Protection and Scenic Amenity Overlay Code
The subject site is located in Peregian Beach and is zoned Low Density. The proposed use is identified as a consistent use within the zone and is required to follow a code 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:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.103 metres	X
Site cover	40% max	39 %	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5/2.0metres min 1.5/2.0metres min 6 metres min	5.33m to eaves 5.93m to building 1.25m to deck on northern side boundary metres & 1.5 m to eaves on 2nd storey 5.27 metres	X X
Length of wall	No wall greater than 5 metres in height has a length greater than 20 metres.	20.27metres	X
Soft landscaping Landscaping	20% min (116.8m² min)	Sufficient area available – can be conditioned to comply	
Carparking	2 covered min	2 covered	
Building Height
The building height is two storeys and 8.103m at is greatest extent. The protrusion above the 8m height limit is minimal as demonstrated by figure 9 below.  As the protrusions are minimal, the development is considered to comply with the relevant performance outcomes in that the building maintains 2 storey and presents a height that is consistent with predominant character of the area.

Figure 9 – building height
Setbacks
Front Setback
The dwelling includes eaves that encroach on the 6m setback requirement with a minimum setback at the north-western corner of 5.33 metres, while the building itself is compliant with the 6m setback from the front boundary except for a very small section at the north-western corner which is setback 5.93 metres.
It is considered that the proposed eaves intrusion will have no impact on adjoining premises. The eaves intrusion will not impact on landscaping being provided at ground level. Similarly, the intrusion of the building into the front setback is minor noting that almost the entire front wall complies with 6.0 metre setback requirement.
It is considered that the development complies with the performance outcomes in relation to the front setback of the dwelling.
Side Setback
The proposal includes a raised deck and stairway on the northern side of the dwelling which is setback 1.25m from the boundary.  The dwelling also includes 500mm eaves both on the northern and southern side of the dwelling, while the building is setback 2m and complies with the setback requirements.   It is considered the eaves will have no impact on amenity of adjoining land uses and will not impact on the ability of the site to be landscaped at ground level.   As the building is compliant with the 2m setback there is no overlooking or impact on visual and acoustic privacy of adjoining premises.
The proposed deck and stairway are sited within the 1.5m setback requirement by 25cm.   The intrusion is considered minimal and as the site to the northern side boundary is undeveloped the proposal will have no impact on adjoining premises.   The proposal is considered to comply with the performance outcomes in relation to the side boundary setbacks.
Rear Setback
The dwelling includes 500mm eaves on the rear façade of the building, while the building is setback 6m from the rear boundary. The eaves will not impact on adjoining premises or the ability to provide landscaping at ground level.   The proposal is therefore considered to comply with the performance outcomes in relation to the rear boundary setback.
Length of wall
The southern side wall of the dwelling is 20.27m in length and due to the sloping nature of the site the wall is 5m in height toward the eastern end of the building.   The minor encroachment of 27cm is considered to have no impact on the streetscape character as the building maintains a domestic appearance consistent with other dwellings in the area.   Furthermore, the dwelling incorporates variation in building materials and design to ensure the wall plane does not present as bulky or boxy.
Coastal Protection & Scenic Amenity Overlay
The proposal complies with the Coastal Protection and Scenic Amenity Overlay Code. The Building is setback 6m, apart from a minor intrusion of the eaves, from the rear seaward boundary and is mapped outside the erosion prone area.  Conditions are recommended in relation to landscaping and colour scheme that ensure compliance with the intent of the code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer – conditions recommended for inclusion.
conclusion & reasons for decision
Despite, minor discretions in relation to setbacks, building height and wall length 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 MCU21/0012 for a Material Change of Use - Dwelling house situated at 32 Plover St Peregian Beach Qld 4573 and described as Lot 9 P 9313, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0012
Street address:	32 Plover St Peregian Beach Qld 4573
Real property description:	Lot 9 P 9313
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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.
Plan No.	Rev.	Plan/Document Name	Date
1.2	B	Site, prepared by /NDRSN	13-05-21
2.1	B	Area Calculations and Compliance Table, prepared by /NDRSN	13-05-21
3.1	B	Ground Floor Plan, prepared by /NDRSN	13-05-21
3.2	B	First Floor Plan, prepared by /NDRSN	13-05-21
3.3	B	Roof Plan, prepared by /NDRSN	13-05-21
4.1	B	West and East Elevation – N & S, prepared by /NDRSN	13-05-21
4.2	B	North and South Elevation, prepared by /NDRSN	13-05-21
5.1	B	Section AA & BB, prepared by /NDRSN	13-05-21
Built form
The maximum height of the development must not exceed 8.103 meters above ground level in accordance with the approved plans.
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.
The swimming pool must be less than 1 metre above the natural ground level and comply with the Queensland Development Code.
Currency Period
This development approval lapses if the use has not happened by 1 June 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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
A minimum of 20% of the site must be retained as soft landscaping.
To screen the development, screening vegetation must be planted for the full length of the north and south boundaries in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 8 metres and a maximum spacing of 2 metre centres.
A mix of native landscaping, such as ground covers, shrubs and trees, is provided for a width of 5 metres from the seaward or rear boundary of the site.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal species.
One 45 litre street tree must be provided within the frontage. The tree must be a coastal species in accordance with PSP2 – Landscaping.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from the existing formation in Plover Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with drawings numbered 21624-C1-P5, 21624-C2-P5, 21624-C3-P3 and 21624-C4-P2 prepared by Rienmac Pty Ltd dated 16 March 2021
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 drawings numbered 3582-1 dated 16 February 2021, 3582-2 Revision A dated 26 March 2021 prepared by Construction Hydraulic
Prior to the commencement of the use a certificate must be issued by an RPEQ certifying that the stormwater drainage system has been constructed in accordance with the conditions of this permit.
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 Soil Test Report – Report No: 200365(S) prepared by Australian Soils Investigations dated 14 December 2020
Prior to the commencement of the use certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the Soil Test Report – Report No: 200365(S) prepared by Australian Soils Investigations dated 14 December 2020 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
Earthworks carried out on site must not affect the structural integrity of any adjoining lands and/or buildings and/or structures and/or services that border the development site.
All fill and associated batters/retaining structures, both temporary and/or permanent, both above and below ground level,  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.
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.

eferral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Fires in Urban Areas
Please note that in urban areas of the Noosa Shire Council area, fires are prohibited except where in an appliance used for domestic heating or cooking purposes, which must comply with particular Standards. Any area identified as a fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local Law No. 3, Schedule 3.  Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.

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 Operational Works	Site Access and Driveways
Development Permit for Building Works	All building work.
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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