Application For Building Works Within 4.5 Metre Setback Situated At 14 The Peninsula, Noosaville - PBA15/0003

APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK SITUATED AT 14 THE PENINSULA, NOOSAVILLE - PBA15/0003

Document information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / PBA15/0003

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Carole Tretheway Design
Proposal	Retaining wall and seat within the 4.5m canal setback
Properly Made Date	1 April 2015
Decision Due Date	4 June 2015

PROPERTY DETAILS
Property Address	14 The Peninsula, Noosaville
RP Description	Lot 447 RP 856190
Land Area	789m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards Overlay – High Potential Acid Sulfate Soils Natural Hazards Overlay – Flood Hazard Area
Assessment Type	Code Assessable

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 26 May 2015 regarding Application No. PBA15/0003 for a Development Permit for Building Works Assessable against a Planning Scheme situated at 14 The Peninsula, Noosaville and approve the application in accordance with the following conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with 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
WD.203	P8	Landscape Plan, prepared by Carole Tretheway Designs as annotated by Council	27.04.2015
WD.601	P8	Sections, prepared by Carole Tretheway Designs	27.04.2015
WD.601	P8	Sections, prepared by Carole Tretheway Designs	27.04.2015
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, within 14 days after this Development Approval takes effect. 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.
Setback to the Canal
The land area within 4.5 metres from the centre of the revetment wall must be maintained in accordance with the following requirements:
a minimum of 25% of the area must be planted with shrubs
a maximum of 25% of the area must be under hard pavement and the balance must be turf or ground covers
any new trees planted must not have a mature height that exceeds 3 metres
all land within 1 metre from centre of the revetment wall must not be planted with shrubs, and instead must be provided with either turf, ground cover.
any side boundary fencing within 4.5 metres of the revetment wall must taper down to a maximum height of 1.2 metres at the revetment wall, and must have a height not exceeding 1.5 metres at a distance of 2.25 metres from the revetment wall.
The area between the retaining wall and house must remain as soft landscaping except for where the main stairs are located.
Advice
The maintenance and integrity of the revetment wall is the responsibility of the property owner.

REPORT
PROPOSAL
The application seeks approval for as constructed building works within the 4.5m setback to the Noosa Waters canal. Part of the building works have existed within the setback for around 12 years. New works under construction attracted a complaint and triggered this application. The new works are 90% finished with concrete block fill and seat installation still to be undertaken.

The works that existed previously include:
a set of timber stairs 2.8m wide setback 2.21m from the centre of the revetment wall.
a 0.8m high block retaining wall running parallel with the revetment wall extending for approximately 80% the width of the property then returning back to the house deck. The wall is setback 2.71m from the centre of the revetment wall.
a small set of stairs 1m wide sited to the northern end of the house deck (has been removed)
From aerial photography it is clear these works have existed at least since 2003 and may have been built at the time the dwelling was constructed in 2001. The existing works are shown in Photo 1 below. No approval was given for these existing works.
Photo 1 - Photo showing the existing works

The new works consist of:
extending the existing white wall 3.6m to meet the northern side boundary
a new section of wall in front of part of the existing wall to expand the higher level garden and provide for a timber seat. The new 3.95m long wall is setback 2.21m from the centre line of the revetment wall and is located in line with the existing stairs.
Photo 2 below shows the new works. The block wall to the left in the photo is in front of the existing wall. The new section of wall and the wing wall on the right provides an area for a built-in seat.
Photo 2 - Photo showing the extent of new works

Figure 1 below is colour coded to show the extent of all works and provides clarity between new and existing works.

Figure 1 - New works are identified in peach colour and existing works in yellow except the stairs which are identified in brown.
site details
Background
A Development Permit for Building Work for a detached house was approved in 2001.
A recent complaint regarding works under construction within the 4.5m setback area triggered enforcement action and the owner was instructed to lodge a Development Application or remove the works.
Site Description
A slab on ground house is currently built on site. The surrounding ground level is predominately flat with a batter from the building platform falling to the revetment wall, as typically seen in Noosa Waters on lots that adjoin the canal system.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
The statutory planning instruments relevant to this application are discussed in the sections that follow.
Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality (Noosa Waters) and is zoned Detached Housing.
Land Use
The works within the setback area are required to be assessed against the Special Provisions for Noosa Waters in the Building Works Code.
All works meet the self-assessable provisions of the Building Works Code except for Probable Solution S25.1. Table 1 below provides an assessment against the self-assessable provisions.
Table 1 - Self - Assessable Provisions
Probable Solution (Self-Assessable provisions)	Comments
S25.1 No building works, filling or excavation works are within 4.5m of the centre line of the top of the concrete revetment wall;	X The works constructed represent building works, fill and excavation. Therefore assessment against the Specific Outcomes is required and addressed in the report below.
S25.2 A minimum of 25% of the area within 4.5m of the revetment wall is planted with shrubs and trees with a mature height of 3m or less;	The proposal complies having 38% of the setback area planted with shrubs. A total of 83% is soft landscaping.
S25.3 A maximum of 25% of the area within 4.5m of the revetment wall is under hard pavement, decking or similar, and the balance is to be grass, ground covers or scrubs provided no shrubs are planted within the first 1m of the revetment wall;	New and existing works are equal to 17% being under hard pavement or decking.
S25.4 No tree species with a mature height of over 3m are planted within 4.5m of the revetment wall;	Three (3) existing mature palm trees with a height greater than 3m are located approximately 4m from the revetment wall. These trees are lawful as they existed prior to The Noosa Plan. The Superseded Planning Scheme did not limit the height of trees within the setback area.
S25.5 The ground surface within the first metre from the revetment wall is turf, groundcover or hard pavement.	The proposal complies.
S25.6 Side boundary fences within 4.5m of the revetment wall taper down to a maximum height of 1.2m at the revetment wall and no more than 1.5m at a distance of 2.25m from the revetment wall.	The side boundary fences exist and comply with this provision.

Given the works do not meet the Probable Solution; they must be assessed against Specific Outcome 25 of the Building Works Code.
Specific Outcome O25 - The flood detention and amenity functions of areas adjacent to the revetment walls within Noosa Waters Estate are retained and enhanced by ensuring—
works do not protrude through a batter line of 1:4.5 measured from the centre line of the revetment wall;
there is no additional load placed on the revetment wall;
works do not pose a risk to the membrane adjoining the revetment wall;

The new retaining wall near the stairs protrudes through the 1:4.5 batter line by 0.38m, the existing wall and extension to this wall protrudes by 0.2m and the tip of the first 2 stair treads slightly protrude. This results in a reduction in flood storage volume but this displacement is offset by the existing grassed area between the works and the revetment wall, being below the 1:4.5m batter line.

The applicant has provided certification from a Registered Professional Engineer of Queensland (RPEQ) that certifies the flood storage function of the setback is not reduced and there are no additional pressures on the revetment wall.
The works are not considered to negatively impact on the amenity function of the canal setback as they will be extensively landscaped with 83% of the setback area either grass or garden. The only hardstand area is the existing stairs that provide access from the dwelling to the jetty. The wall creates a 2 tiered landscaped setting consisting of a garden on the upper level near the house and a grass area on the lower level near the revetment wall, as shown in Photo 3.

Photo 3 - View from the south showing the 2 tiers.
The works are low level (0.8m) and do not block any views or create any overlooking of neighbouring properties. Overall, the only relaxation sought is minor protrusions through the 1:4.5 batter line which are considered not to have significant impacts on the amenity function of the setback area.
cONSULTATION
The application was forwarded to the following internal Council specialists:
Engineering Officer
Building Officer

conclusion
The applicant has demonstrated the works will not adversely affect the flood detention function of the setback or the integrity of the revetment wall. The building works will not negatively impact on amenity with the setback area to be suitably landscaped. The works are considered to meet the Special Provisions for Noosa Waters in the Building Works Code and are recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	26 MAY 2015