Delegated Report - Code - Planning MCU19 0002 · MCU19/0002

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU19/0002
Applicant	Stuart Scott
Proposal	Material Change of Use - Detached House
Properly Made Date	7 January 2019
Information Request Date	23 January 2019
Information Response Date	5 March 2019
Decision Due Date	18 April 2019
Report Completed Date	18 March 2019

PROPERTY DETAILS
Property Address	10 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 787 RP 48111
Land Area	607m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity Overlay – Environmental Protection Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Low Potential Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The 2 storey dwelling consists of 2 bedrooms, sleep out and swimming pool on the lower level and 1 bedroom, living spaces and garage on the upper level, being street level. The proposal seeks approval for a zero setback to the frontage for the garage and a 4.5m setback to an access way and to the lower level.
Given from the carriage way to the site boundary, fill is proposed within the road reserve for the driveway and surrounding area within the sites frontage. Figure 1, 2, 3, and 4 show the proposal.

Figure 1 - Upper Floor Plan (Street Level)

Figure 2 - Lower Floor Plan

Figure 3 - South Elevation

Figure 4 - 3D perspectives
The site is affected by the Coastal Resources Overlay with Coastal Protection.
site details
Site Description
The site slopes between 7 and 9% for three quarters of the site then from that point the site slopes steeply to the seaward boundary where some native and weed species exist.
Figure 5 shows a locality plan.

Figure 5 – Aerial of the site
Surrounding Land Uses
The site is surrounded by dwelling houses typical of the beachside location.
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:
Biodiversity overlay Code
Detached House Code.
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed use is defined a consistent use within the zone and is required to follow a code assessment 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 Cover	50 / 30% max or 40%	40 %	
Landscaping Setback from seaward boundary	5 metres	greater than 5m	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8metres	
Boundary setbacks Frontage	6 metres min	6m to upper level 0m to garage 4.5m to lower level 4.5m pedestrian access	X X X
Side (south) Side (north) Rear (seaward)	1.5 / 2 metres min 1.5 / 2 metres min 15 metres min (Coastal Building Line)	2 metres 0m side boundary 4.5m to pedestrian access 2 metres 15 metres	X X
Setbacks
Garage
The proposal’s garage seeks a zero setback to the front boundary. The majority of dwellings in Arakoon Crescent have reduced or zero setback for garages. The proposed garage sits approximately 0.5m below road level and is a low rise structure with an upper level setback of 6m. The garage maintains the pattern of buildings and character of the street and raises no concern.
Side access
The side access wall is proposed higher above NGL than the Queensland Development Code (QDC) allows. The QDC allows a mean height of 3.5m for a length of 9m. The proposed access is 4m high for a length of 6.6 and is setback 4.5m from the front boundary. Figure 6 below shows the area of the neighbouring property to the south where the access is proposed. Figure 7 shows the northern neighbour’s garage wall built to the boundary which is higher and longer than that proposed. This provides an example of the potential impact of the proposal. Given the slope of the land and it is considered the wall will not negatively impact on the southern neighbour, the additional 0.5m in height raises no concern and is a better outcome than other development in the street which have higher walls on boundaries.

Figure 6 - Area where access is proposed

Figure 7 - Example of a garage wall higher than that proposed as an indication of potential impact
Lower Level
The lower level is proposed with a setback of 4.5m. The lower level protrudes between 1.2m and 1.5m above NGL and finished ground level which sits well below both road level and the front fence. The majority of the lower level is subsurface and the portion of this level within the setback is the ensuite and service corridor. Given the lot is affected by the 15m coastal building line setback, it is reasonable to permit a dispensation to 4.5m as an offset to the large seaward setback, when it does not negatively affect neighbouring properties. In this instance, the lower level will not be seen from the street and would not have any negative impacts on neighbouring properties.
Fence
For privacy the proposal seeks a portion of the southern fence to be 2.4m high being slightly higher than the required 2m. Figure 8 below shows the portion of the fence that exceeds 2m.

Figure 8 - Red line shows 2m fence height.
It is considered the additional fence height is acceptable as it is a minor protrusion above 2m and is unlikely to negatively impact on the neighbouring property.
Coastal Protection
The proposal fully complies with the provisions of the Coastal Protection Overlay as the building is setback 15m with a small 1.6m wide cantilevered deck seaward of the coastal building line. A condition is included to ensure 5m of landscaping is provided landward of the seaward boundary in accordance with the Code.
Biodiversity Overlay
The rear of the lot is affected by the Biodiversity Overlay. There is no vegetation proposed to be removed within this area and therefore raises no concern.
draft planning scheme
The draft Planning Scheme requires development to be located wholly outside the coastal hazard area for 2100 or the development does not increase the scale and intensity on lots within the erosion prone area. The draft Planning Scheme also provides similar provisions to that of the Noosa Plan for properties with the Coastal Building Line.
The lot is wholly covered by the coastal hazard overlay to 2100 and therefore unable to develop outside that area. The proposal complies with the Coastal Building Line provisions of the draft Planning Scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer
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 MCU19/0002 for a Material Change of Use - Detached House situated at 10 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 787 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU19/0002
Street address:	10 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 787 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
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
DA-00	1	DA Documents Cover Sheet, prepared by Beach House Architecture	04.03.19
DA-01	1	Site & Roof Plan, prepared by Beach House Architecture	04.03.19
DA-02	1	Upper Level Main Floor Plan, prepared by Beach House Architecture	04.03.19
DA-03	1	Lower Level Floor Plan, prepared by Beach House Architecture	04.03.19
DA-05	1	South Elevation, prepared by Beach House Architecture	04.03.19
DA-06	1	South Sectional Elevation, prepared by Beach House Architecture	04.03.19
DA-07	1	East & West Elevations, prepared by Beach House Architecture	04.03.19
DA-09	1	North Elevation, prepared by Beach House Architecture	04.03.19
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
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 $5,000 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.
Existing vegetation on the steeply sloping portion of the lot on the site must be retained.  In this regard, 5m measured from the seaward boundary must be regenerated and densely planted to include a mix of native endemic ground covers and shrubs. The works must be undertaken in accordance Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and with an operational works approval.
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.
The new filled areas in the road reserve must be landscaped in accordance with an operational works approval and in particular:
sufficient area for pedestrians must be provided between the back of kerb and the small garden located to the southern side of the driveway within the road reserve
a minimum of 2 native endemic street trees with a minimum pot size of 45 litres must be provided within the road reserve;
new street tree plantings must:
meet NATSPEC Guidelines: Specifying Trees requirements for quality
be pruned in accordance with AS 4373, Pruning of Amenity Trees
be pest and disease free;
except for the southern side of the driveway where a garden may be provided the road verge must be grassed and:
rolled, top dressed and join smoothly to adjoining surfaces
species sustainable for local conditions and do not require irrigation
free of disease, pest, weeds, rock and debris.
Coastal Protection
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development generally in accordance with the engineering design drawing number 29005-C2.1 (A) titled Driveway Plans & Details prepared by SCG Consulting Engineers and dated 04 March 2019. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in generally accordance with Council’s Standard Drawings RS-049 and RS-050.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site, the Coastal Protection Area or any adjoining property. The works must be carried out generally in accordance with the engineering design drawing number 29005-SW1.1 (A) titled Stormwater Management prepared by SCG Consulting Engineers dated 04 March 2019 and taking into consideration the findings and the relevant recommendations of the Soil Assessment Report and the Slope Stability Report by SCG Consulting Engineers dated 21 February 2019. The completed works must be certified by an RPEQ to be in compliance with the design and the applicable standards. This engineering certification must be provided to Council prior to issuing the final certification for the building works.
Sewer Design
A design for the sewer connection and any proposed sewer pump on the site must be approved or endorsed by Unitywater prior to commencement of any building or construction works on site.
Geotechnical Stability
The development must be constructed in accordance with the recommendations of the Slope Stability Assessment Report No: 29005 (SL) prepared by SCG Consulting Engineer and dated 21 February 2019.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with conditions of this permit 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 and retaining works carried out on site must not affect the structural integrity of any of the buildings and/or lands and/or structures that border the development site.  Fences that are affected must be replaced prior to the Building Certifier issuing the Certificate of Classification.
All fill, associated batters and retaining structures (both above ground and below ground) 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 and to ‘Level 2’ geotechnical supervision.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Construction Management Plan
A Construction Management Plan must be submitted to and approved by Council prior to the issue of the Building Permit. The plan must include but not be limited to the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense.
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.
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:
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
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 year’s experience in the field of geotechnical engineering or engineering geology.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
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	Access Driveway and Landscaping
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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