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Planning Report (rev 1)
Development Application
Planning Report
Development Application for Material Change of Use for
Dwelling House situated at 15 Ross Crescent,
Sunshine Beach
described as Lot 571 RP48112
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 5
3.0 Proposed development details .......................................................................................... 5
4.0 Planning assessment .......................................................................................................... 6
4.1 Coastal Protection and Scenic Amenity Overlay Code ................................................................. 6
4.2 Low Density Residential Zone Code and Low Density Housing Code ........................................... 7
4.2.2 Setbacks ..................................................................................................................................... 8
4.2.4 Stormwater, Earthworks, Sediment and Erosion control and Geotechnical Reporting ..... Error!
Bookmark not defined.
5.0 State assessment and other matters ................................................................................ 11
5.1 State interests .......................................................................................................................... 11
5.1.1 Matters established in the Planning Regulation ............................................................................ 11
5.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ....................................................................................................................... 11
Client Name: Mark Bain
Prepared by: Will Koschade BRUP Reg.Urb.Plan MPIA
Version: 1
Date: 26 April 2022
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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Page 3
1.0 Summary
1.1 Development application details
Proposed development: Development Permit for Material Change of Use for Dwelling
House in Coastal Protection and Scenic Amenity Overlay
Site address: 15 Ross Crescent, Sunshine Beach
Real property description: Lot 571 on RP48112
Site area: 607m2
Owner details: Mark Bain Constructions
Applicant details: Mark Bain Constructions c/ Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: No Interests Applicable
Regional plan: SEQ Regional Plan 2017
Designation: Urban Footprint
Planning scheme: The Noosa Plan 2020
Zone: Low Density Residential zone
Level of assessment: Code Assessable – Table 5.9.4
Applicable overlays: Coastal Protection and Scenic Amenity Overlay (Coastal
Protection and Scenic Amenity)
Applicable codes: Low Density Residential Zone Code
Low Density Housing Code
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Page 4
2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Detached House
Frontage and access 15m to Ross Cres
Topography and views The site is relatively level with a minor slope towards the street.
Easements Nil
Figure 1 - Site identification
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Page 5
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 13 Ross Cres - existing detached house
South 17 Ross Cres – existing detached house
West 10 Ross Cres - existing detached house
East 9/27 Ross Cress (The Beach Houses) – existing detached house
3.0 Proposed development details
The proposed dwelling house will gain access from Ross Crescent, with the building orientated to
the east overlooking Sunshine Beach. Materials include a mix of timber, blockwork, glass, powder
coated aluminum and sheet metal roofing. A copy of the proposed plans are included with the
application.
The proposed dwelling is code assessable in accordance with Table 5.9.4 of the Noosa Plan 2020
as the site is affected by the Coastal Protection and Scenic Amenity Overlay. Council advised that
the development does not constitute Building Works assessable against the Planning Scheme as
the proposed scale of the development constitutes a Material Change of Use.
An assessment against the Coastal Protection and Scenic amenity Overlay code is provided in Table
3. The proposal is compliant with the relevant codes with assessment against the Performance
Outcomes for setbacks provided against the Low-Density Residential Zone Code.
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4.0 Planning assessment
4.1 Coastal Protection and Scenic Amenity Overlay Code
An assessment against the relevant provisions is provided below.
Table 3: Assessment against key development parameters of the Coastal Protection and
Scenic Amenity Overlay Code within The Noosa Plan 2020:
8.2.4 Coastal Protection and Scenic Amenity Overlay Code
Provision Code Provision Proposal Compliance
PO1 - PO1 The site I located to the west Y
Development in Development allows for natural fluctuations of the
Coastal Erosion
of the Beach Houses Estate
coast and foreshores to occur, including and it is considered that is
Areas
allowance of climate change. sufficient distance is provided
Editor's note—Coastal erosion areas are
from the foreshore to allow
identified on Council's online mapping for the natural fluctuations of the
years 2040, 2070 and 2100. coast environment. This is
supported by Councils
Coastal hazards mapping
where the site is not affected
by any of the projected
erosion prone area mapping
including to the year 2100.
PO2 - Protection PO2 The site has a sufficient Y
of dunes and
coastal creeks
Development is located, designed and distance from the beach with
constructed to: other private properties in
front of the site. Given the
(a) maintain dune crest heights and location the proposal
minimise and mitigate the risk to maintains the coastal
development from wave ecosystem and natural
overtopping and storm tide features.
inundation; and
(b) maintain or enhance coastal
ecosystems and natural features
such as coastal creeks and marine
plants including mangroves, salt
marshes and coastal wetlands, to
assist in protecting and buffering
communities and infrastructure
from sea-level rise and coastal
inundation impacts.
PO5 – Visual and
Scenic Amenity AO5 Not Applicable - given the NA
A mix of native landscaping, such as location of the site and
ground covers, shrubs and trees, is distance from foreshore. The
provided for a width of 5 metres from the site is also well outside
seaward or rear boundary of the site to Council’s 2100 erosion prone
provide adequate landscape buffering to mapping area.
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Page 7
protect the coastal dune system.
The subject site is included
within the Coastal Protection
Overlay.
PO6 – Visual and AO6.1
Scenic Amenity
Rear fences adjacent to the beachfront Not Applicable. N/A
within the Coastal Protection Area
incorporate the following— The subject site does not
(a) height of no more than 1.2 metres; contain a rear boundary
and adjacent to the beachfront.
(b) open construction (ie at least 50%
transparent);
(c) lightweight materials (eg. timber);
and
(d) dark colours to blend with the
natural landscape.
(e)
AO6.2
Gates are not installed in fences as direct
access to the beachfront does not occur.
AO6.3
Only beach access points for use by the
community are constructed.
4.2 Low Density Residential Zone Code and Low Density
Housing Code
The following Table outlines the key development parameters for the development in relation to the
Low-Density Residential Zone Code and the Low-Density Housing Code.
Criteria Planning Scheme Proposal Complies
Site area - 607m²
Building height
2 storeys max 2 storeys Y
• storeys 8 metres 7.95m Y
• metres
Site cover 50% - ground floor NA
30% - upper floor NA
40% max 40% overall Y
Boundary setbacks
6m min. 8.0m Y
• Frontage
Lower floor – 1.5m 1.5m (building) Y
• Side (north)
Upper floor – 2m 1.5m (eave) PO assessment
2m (building) Y
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Page 8
Lower floor – 1.5m 1.5m Y
• Side (southern)
Upper floor – 2m 1.5m (eave)
1.5m (section of building) PO assessment
Lower floor – 1.5m 2m lower PO assessment
• Rear (site more than
Upper floor – 2m 0.9m upper (eave) + 4m to
550m²)
wall
(rear boundary fronts
public open space)
Soft Landscaping 20% min 28% Y
Carparking 2 covered min >2 covered + Y
2 uncovered
As indicated in the Table above, the proposal generally complies with Acceptable Outcomes with a
Performance Outcome assessment required for building setbacks.
4.2.2 Side Setback
The proposal requires some minor setback variation to the northern (Figure 4 & 5) and southern side
boundaries (Figure 3) and therefore assessed against PO9 of the Low Density Residential Zone
Code which is provided below.
PO9
Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy and access to sunlight;
(b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas
of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including adequate area at ground
level for landscaping with trees, shrubs and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such as
national parks, waterways and wetlands.
It is considered the proposal complies with PO9 for the following reasons.
• The extent of the setback encroachments along the side boundaries very limited (eaves and
small section of protruding wall on northern side) with a majority of the dwelling footprint
achieving compliance.
• The dwelling provides a high level of visual and acoustic privacy/amenity.
• The proposed side boundary setbacks are consistent to that of the northern and southern
established dwellings.
• The proposal still provides landscaped areas along the southern and northern areas.
• The encroachments are limited to sections of the building that provides visual interest through
depth and articulation, therefore reducing building bulk.
Page 8 of 11
Page 9
Figure 3 – Southern setback encroachment
Figure 4 – Northern setback encroachment
Page 9 of 11
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Page 9 of 11
Page 10
Figure 5 – Northern setback encroachment
4.2.2 Rear Setback
The proposal requires a setback variation to the eastern rear boundary and therefore assessed
against PO9 of the Low Density Residential Zone Code which is provided below. The site has
frontage to public open space land and therefore and as per AO9.2, setbacks to the eastern rear
boundary are 1.5m (lower floor) and 2.0m (upper floor).
PO9
Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy and access to sunlight;
(b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas
of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including adequate area at ground
level for landscaping with trees, shrubs and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such as
national parks, waterways and wetlands.
It is considered the proposal complies with PO9 for the following reasons.
• The setback encroachment is limited to an eave of the upper-level balcony.
• The setbacks are consistent to that of adjoining dwellings (north and south)
• The wall of the dwelling achieves a 4.0m setback and therefore provides an adequate
distance to dwellings further west.
• The encroachment would not result in any appearance of bulk or visual dominance.
• The encroachment is limited to the unenclosed upper level deck.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
6.0 Conclusion
This application seeks a Development Permit for Material Chane of Use for a Dwelling House
situated at 15 Ross Crescent, Sunshine Beach. The proposed development is code assessable and
meets the relevant Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.
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