Delegated Report - Code - Planning DBW18 0022 · DBW18/0022

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	DBW18/0022
Applicant	Coastal Building Certifications Pty Ltd
Proposal	Development Permit for Building Work - Detached House (Additions and alterations and works within 4.5m of the Revetment Wall)
Properly Made Date	27 September 2018
Information Request Date	26 October 2018
Information Response Date	24 January 2019
Decision Due Date	28 March 2019
Report Completed Date	26 March 2019

PROPERTY DETAILS
Property Address	25 The Promontory Noosaville
RP Description	Lot 826 SP 102579
Land Area	830m²
Existing Use of Land	Detached House

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards (Flood & Acid Sulfate Soils)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Development Permit for Building Work - Additions to Detached House (Additions and alterations including works within 4.5m of the Revetment Wall).
The proposal includes a kitchen, dining, living, master bedroom, cinema, laundry study and pool on the lower floor and 3 bedrooms with ensuites on the upper floor. The works within 4.5 metres of the revetment wall include centrally located stairs, planter boxes and turf.
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Site Plan
Figure 3 – Ground Floor Plan

Figure 4 – Upper Floor Plan
Figure 5 - Elevations
site details
Background
The existing dwelling on the site was approved and constructed circa 2004.
Site Description
The site is 829.42m2 and located within the Detached Housing Zone of the Noosaville Locality.
Surrounding Land Uses
The site is surrounded by residential uses.
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:
Building Works Code
The subject site is located in the Noosaville Locality and is zoned Detached Housing. The proposed use is defined 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
Site Area	Not applicable	829.42m²	
Site cover	50%/30% or 40/40% max	Ground floor Dwelling – 53.7% Gatehouse – 0.07% Existing BBQ roof – 1.1% Upper Floor Dwelling – 21%	X
Soft landscaping	min 20% of site area	19.2% of site area	X Condition
Building height storeys metres	2 storeys 8 metres	2 storeys 7.6 metres	
Boundary setbacks Frontage Side Side Rear	6 metres 1.5/2 metres 1.5/2 metres 6 metres	5.2 metres 1.5/2.1 metres 2/2 metres 4.5 metres (building) 3.4 metres (roof)	X X
Carparking	1 space	2 spaces	
Site Cover
The proposed dwelling contains site cover of 54.9% on the ground floor and 21% on the upper floor. Subsequently, the site cover of the proposed dwelling does not comply with Probable Solution S11.1 of the Detached House Code. The upper floor site cover of 21% complies with the code, the ground floor of 54.9% is exceeding the code by 4.9% and subsequently requiring relaxation.
The building is well articulated by incorporating a variety of planes in the roof form and wall design as well as a mix of materials comprising of glazing and timber battens. The upper floor measures only 21% site cover in lieu of 30% allowable for that level. The upper floor is relatively small and setback in comparison to the lower floor, as such contributes articulation and visual interest to the development and subsequently reducing the appearance of bulk.
The existing BBQ shelter was never approved by Council, nor was the structure included within the original proposal plans. Additionally it is noted a ‘BBQ area’ is proposed at the northeast corner of the development. The structure does not adhere to the minimum 1.5 metre side boundary setback and removing the structure will reduce the site cover from 54.9% to 53.8%, in line with the intent of the Detached House Code. A condition is included accordingly.
Overall the proposed dwelling provides an appearance outcome that is not dissimilar to buildings and structures in the surrounding area and does not raise concerns with regard to Specific Outcomes O11.
Landscaping
Probable Solution S11.2 of the Detached House Code states soft landscaping is provided and retained over a minimum of 20% of the site area. The proposal plans detail soft landscaping to 19.2% of the site area.
In this instance it is important that the increased site cover is offset by landscaping which will assist in softening the appearance of the building to adjoining properties and the streetscape. A condition is included accordingly.
Setbacks
The final proposal plans include a number of setback encroachments.
The applicant seeks approval for the existing roof at the rear of the site, which is setback 3.336 to the centreline of the revetment wall in lieu of 4.5 metres (figure 6).

Figure 6 – Existing and proposed roof encroachment
No building works or floor area below the roof encroach into the setback and therefore the roof structure will not impact flood detention or pose risk to the revetment wall or wall membrane. The relatively small encroachment contributes to articulation of the building and will unlikely impact the amenity of the area. The roof was approved prior to The Noosa Plan and Council has not received a complaint to date.
The final proposal plans include an encroachment of the garage into the front 6 metre setback and the garage is proposed to 9.136 metres in length in lieu of 9 metres (figure 7).

Figure 7 – Proposed garage
Development in the street is grand in size and scale, the encroachment into the front setback and exceeding length of the garage will present a built form that will not dominate the streetscape and will allow vegetation to be provided and retained in the front setback. An architectural beam located from the southern point of the garage to the south east corner of the dwelling is setback 5.3m and considered similar to an eave and raises no concern.
Gatehouse
The proposed gatehouse exceeds the acceptable solution A1 (d) (iii) of the Queensland Development Code. Consistent with other approvals and considering the development is exceeding site cover on the ground floor a condition is included requiring the gatehouse to comply with the requirements of the QDC.
Works within 4.5m of the revetment wall
Special provisions – Noosa Waters estate
No building works, filling or excavation works are within 4.5m of the centre line of the top of the concrete revetment wall	X
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	Condition
A maximum of 25% of the area within 4.5m of the revetment wall is under hard pavement and the balance is to be grass, ground covers or shrubs provided no shrubs are planted within the first 1m of the revetment wall	Condition
The ground surface within the first metre of the revetment wall is grass or ground cover	
No tree species with a mature height of over 3m are planted within 4.5m of the revetment wall	Condition
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	Condition
The proposed works within 4.5m of the revetment wall mostly comply with the special provisions of the Detached House Code for the Noosa Waters estate. However, the proposed works protrude through a batter line of 1:4.5 measured from the centre line of the revetment wall (Specific Outcomes O34). The protrusion of the batter line is confined to the steps leading down towards the revetment wall. The design and materiality of the steps at the rear of the building provides an integrated appearance and subsequently reduces the appearance of bulk from the canal perspective (figure 8).
Figure 8 – Works within 4.5m of the revetment wall
Engineering certification has been submitted to Council certifying that the proposed building works will not reduce the factor of stability of the revetment wall; will not pose a risk to the membrane of the revetment wall; and will not reduce the onsite flood storage volume. The certification makes reference to the geotechnical report “Noosa Waters Investigation of Revetment Stability” dated April 2014 prepared by GHD for Noosa Council.
Draft Planning Scheme
The draft Planning Scheme provisions are similar to that of the Noosa Plan and therefore no change to the assessment would result.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
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 DBW18/0022 for a Development Permit for Building Work - Additions to Detached House situated at 25 The Promontory Noosaville Qld 4566 and described as Lot 826 SP 102579 , it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	DBW18/0022
Street address:	25 The Promontory Noosaville Qld 4566
Real property description:	Lot 826 SP 102579
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Building Work - Detached House (Additions and alterations including works within 4.5m of the Revetment Wall)
CURRENCY PERIOD of approval
Unless an application to extend the currency period is approved by Council, this Development Permit for Building Works will lapse if a building development application for the development has not been approved by 22 March 2021.
assessment manager conditions
PLANNING
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.
Plan No.	Rev.	Plan/Document Name	Date
C0.0	-	Site Plan, drawn by Chris Clout	28.02.2019
C1.0	-	Ground Floor Plan, drawn by Chris Clout	28.02.2019
C2.0	-	Upper Floor Plan, drawn by Chris Clout	28.02.2019
C3.0	-	Elevations, drawn by Chris Clout	28.02.2019
C4.0	-	Elevations, drawn by Chris Clout	28.02.2019
C5.0	-	Sections, drawn by Chris Clout	28.02.2019
C5.1	-	Sections, drawn by Chris Clout	28.02.2019
C11.0	-	RFI Revetment Wall Information, drawn by Chris Clout	28.02.2019
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Building Works*.
*(Refer to Advisory Note)
Building Height and Design
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
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 $1500 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
Existing trees on the site and within road reserves must be retained. Where existing trees on site are required to be removed to accommodate the approved dwelling, the trees must be relocated on the site.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained 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.
A minimum of 20% of the site must be provided and retained as soft landscaping.
Existing BBQ Shelter
The existing BBQ shelter is not approved and must be removed prior to the issue of a final certificate for the additions and alterations to the development.
Gatehouse
The gatehouse must comply with the acceptable solutions A1 (d) (iii) of the Queensland Development Code.
Noosa Waters Setback
The roof of the dwelling must not further encroach the 4.5 metre setback than the existing.
The land area within 4.5 metres of the revetment wall must be developed 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 tree species planted must not have a mature height that exceeds 3 metres
all land within 1 metre from the revetment wall must not be planted with shrubs, and instead must be provided with either turf, ground cover, or hard pavement
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.
referral 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:
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plans to Council with amendments. Please address the amended plans to Council’s Planning Assessment Branch with the Reference No. DBW18/0022.
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 (*link below) 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.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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	All building works
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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