Noosa Objection 22.7.2021

22 July 2021
Noosa Council
PO Box 141
Tewantin QLD 4565

RE: Application Reference: 51983.3225.14
OBJECTION TO PLANNING APPLICATION
Unit 9-10/30 Hastings Street, NOOSA HEADS, 4567, Lot 30 on SP307674
Type: Material Change of Use 28 June 2021
Property ID: 501555
The Hastings Community Titles Scheme 21433, 30 Hastings Street, Noosa Heads, 4567, Queensland.

I, Eric Rubin, Director of E.S.Rubin Services Pty Ltd,  owner of  Lot 12, The Hastings , object to the proposed development on the basis of the following:
The majority of property owners do not support the development
The development fails to meet the Sustainable Building Code
The development fails to meet significant criteria & Performance Outcomes within the Noosa Plan 2020
Historical relevance and consideration

Majority of property owners do not support the development
This matter has been presented to all property owners on three separate occasions over the last two years.  On each occasion the majority of owners have voted against the proposed development, these being:

Annual General Meeting held 29 May 2020		Motion LOST – Refer Attachment
Extraordinary General Meeting held 28 February 2020	Motion LOST – Refer Attachment
Annual General Meeting held 31 May 2019		Motion LOST – Refer Attachment

Extracts of minutes for each meeting are submitted as part of this submission.

The development fails to meet the Sustainable Building Design Code
The purpose of the Sustainable Building Design Code is to ensure sustainable development with minimal environmental impact and maximum human comfort and to ensure development conserves resources, materials and building designs that work with their natural environment and not against them.
The development exists within a Community Titles Scheme that until the recent amalgamation of Lots 9 and 10, consisted of 25 uniformly built and sized beach houses.  The complex has a well-established consistency of built form and amenity.

The scale of the proposed development ensures there is significant loss of amenity both during and after the completion of the development.  The proposed building dominates the landscape, reducing the amount of greenspace that has been long established within the overall Hastings community as well as compromising the privacy of co-located and adjacent properties reducing access to sunlight and increasing shade effects.

Change of use in the manner proposed is to significantly alter the look, feel and built environment of the complex, establishing a pernicious precedent for future expanded developments that irrevocably changes the nature of the Hastings community complex.

The scale of the proposed development is disproportionate to the overall complex environment, unsympathetic to the complex as a whole and negatively works against the immediate surroundings in terms of both environmental and human impacts.

The development fails to meet significant criteria & Performance Outcomes within the Noosa Plan 2020
The proposed development fails to achieve many of the stated Performance Outcomes assessed against the Noosa Plan 2020 including:

PO9 – Preservation of amenity including privacy, views, access to sunlight and green space
The proposed development dominates the landscape with little regard for its location within a Community Titles Scheme.  Located centrally on the western side of the complex, the increased building height and footprint significantly impacts multiple properties throughout the complex particularly in relation to preservation of privacy, natural light, shading and loss of green space.

The change of use from the original two-level beach house construction with enclosed roofing and one single small balcony to an amalgamated two lot, four-storey construction with several balconies and an outdoor, open air, roof top deck together with kitchen and hot tub facilities, compromises privacy and creates both overlooking and noise issues throughout the complex.

Furthermore, I am concerned that the development’s proximity in between the hard concrete constructions at Bay Village shopping complex on the western side and Sebel Apartments to the east means sound emitted from the rooftop and will bounce and travel throughout the complex, generating additional acoustic disturbances and potentially breaching Community Titles Scheme By-Laws in relation to noise.

I note that no noise abatement, acoustic enclosures or remediation actions are presented in relation to managing noise issues and ensuring that the privacy and amenity of other owners and guests are not compromised.

As noted by Council, neighbourhood noise can be a nuisance and it is my view that the proposed development does not adequately protect the neighbourhood complex from these issues.

https://www.lgtoolbox.qld.gov.au/noosashirecouncil/topics/pollution/noise-pollution

PO10 - Building Scale and Bulk
The proposed development is centrally located on the single entry/exit driveway into the complex.  The height, width and depth of the proposed development will completely dominate the site and lacks any synergy with its surrounds particularly in regard to size, style and scale.

PO13 - Setbacks
No setbacks are shown and I am concerned that the current development proposal dominates the centrally shared driveway blocking sunlight to properties directly next to and across from it.

I am aware that there are inaccuracies regarding the accuracy, location and construction of obscure glazing and privacy screens.  All privacy screens within 10 metres of other owners’ private space or habitable windows, would need to be fixed i.e., not moveable or adjustable to prevent viewing directly into those areas.

I am concerned that the site coverage/footprint of the proposed building at ground level takes up 54.8% of the site.   This is significantly more than the permitted maximum site coverage of 45% as noted in the Noosa Plan 2020.  Increasing site coverage of this magnitude contravenes the rights of all other owners and irrevocably changes the nature of the built environment within the complex.

PO20 - Roof forms
The Noosa Plan 2020 states that roof forms should contribute positively to the local skyline and should not create opportunities for overlooking the private open space or internal spaces of neighbourhood properties.
It is my view that the proposed roof top deck area contravenes this requirement and grants visual access into the private spaces of neighbouring properties.

PO21 – Safety & amenity
The Noosa Plan 2020 requires development to not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises, including privacy and access to sunlight.

The proposed plan fails to these requirements, specifically:
It is not situated to minimise overlooking into the private spaces of adjacent residences within the complex;
The size and scale of the build reduces access to sunlight for neighbouring properties;
Fails to incorporate fixed screening to mitigate privacy impacts on adjoining properties.

4.	Historical relevance and consideration
4.1	Gabriele Poole
Renowned Queensland architect Gabriele Poole designed the complex in 1984.  Innovative for its time, design elements were sympathetic to the environment and consisted of 25 two-bedroom townhouses of equal size and footprint irrespective of land size.

Each uniformly sized beach house has been placed onto its site with attention to privacy from adjoining properties, green space, light and shared amenity.  Irrespective of land size, no one beach house dominates another and a careful environmental synergy was established that has been maintained and respected for almost forty years.

Subsequent development by multiple owners within the complex over several years, has demonstrated that modern, sympathetic and creative design within the existing floortplate and in keeping with the principles of privacy, orientation, shared amenity and green space is possible.  The key benefit of each beach house occupying the same footprint, irrespective of renovation or redesign, has ensured the precious elements of the built environment and greenspace have been maintained and preserved.

Whilst Noosa Council may not consider the constructions worthy of heritage value, their unique position and design of the complex undoubtedly contributes to the vibrancy of Hastings Street.  It is my firm view that the original Hastings beach house designs have helped establish Noosa as a resort destination that celebrates, promotes and protects nature and this amenity and these unique aspects should be preserved.

4.2	Unique Biosphere & world heritage
In 2007 Noosa was declared a UNESCO Biosphere Reserve - https://noosabiosphere.org.au/

Renowned for its commitment to the preservation of natural habitat and green space, the Noosa community, together with Council, work hard to create harmony between people, the built environment and nature.  Any development within this Community Titles Scheme should seek to maintain that harmony and commitment and ensure that sympathy to the environment is prioritised and maximised.

To this day, the complex with its ratio of green space and open air remains the only natural corridor of its kind, providing important habitat for nature including the protected bush turkeys that are part of the local fauna.

Having considered the issues outlined above, it is my view that the application for Change of Use should be REJECTED.  The resulting loss of privacy, green space and amenity together with the monolithic size and scale of the proposal is inappropriate within The Hastings Community Titles Scheme.

Sincerely,

Eric Rubin
PO Box 465
Cammeray
NSW 2062
MOB 0413 839 800

ATTACHMENTS:
Extract of Minutes, Annual General Meeting held 29 May 2020
Extract of Minutes, Extraordinary General Meeting held 28 February 2020
Extract of Minutes, Annual General Meeting held 31 May 2019