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Town Planning Assessment Report · 132001.210239.2
Mur
Town Planning
Assessment Report
36 Seaview Terrace, Sunshine Beach
Minor Change to Approval (22225DA) for Additions and Alterations to a
Dwelling House
December 2022
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY................................................................................................................. 3
2. PROPOSAL ..............................................................................................................................................................................4
3. BACKGROUND ..................................................................................................................................................................6
4. SITE DETAILS ........................................................................................................................................................................6
5. ASSESSMENT REQUIREMENTS ............................................................................................................................... 7
5.1. FRAMEWORK FOR ASSESSMENT............................................................................................................................... 7
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017................................... 8
5.3. ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME ................................................. 10
5.3.1. DEFINITION ............................................................................................................................................................ 10
5.3.2. LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS ................................................................ 10
5.3.2.1 – ALTERNATIVE OUTCOMES ................................................................................................................................... 18
6. CONCLUSION ................................................................................................................................................................. 21
Appendices
Appendix A Proposal Plans
Appendix B Site Photographs
Disclaimer: While every care has been taken in preparing this report, Brennan Planning 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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1. Site and Application Summary
Applicant
Applicant: Maree and John Woodley
C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Maree and John Woodley
Application
Development Permit for Building Works for Additions and
Development Application:
Alterations to a Dwelling House
Level of Assessment: Code Assessable
Referral Agencies: Nil
Assessment Manager Noosa Shire Council
Subject Site
Address: 36 Seaview Terrace, Sunshine Beach
Lot Description: Lot 54 RP81810
Area: 553.58m2
Nil
Easement(s):
Regional Plan Designation Urban Footprint
Planning Scheme Noosa Plan 2020 (25 September 2020)
Local Plan: Coastal Communities
Zone: Low Density Residential
Overlays: + Acid Sulfate Soils (Area 2)
+ Coastal Protection (Coastal Protection and Scenic
Amenity)
+ Landslide Hazard (High, Moderate)
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2. Proposal
Minor Change to Approval (22225DA) for Additions and Alterations to a Dwelling House . The additions and
alterations include:
+ establishing a roof top terrace;
+ providing an extension to the ground level living area by enclosing an existing patio;
+ extending Bedroom 2, situated on level 1, by enclosing a portion of an existing deck; and
+ making internal alterations to the building including installing a lift, converting a store area into an
additional bedroom and changing the kitchen/living room layout.
The dwelling would have a maximum height of 8.290m to the balustrade surrounding the roof top terrace.
The dwelling would have a total Gross Floor Area (GFA) of 410.4m2 and site coverage of 38.13% (ground
level) and 35.22% (level 1).
The building works trigger a code assessable application for the following reasons:
+ it involves building work within a mapped Coastal Protection Area under the Coastal Protection
Overlay; and
+ the building works include a roof top terrace and consequently do not comply with AO16.3 of the Low
Density Residential Zone Code;
+ the balustrade associated with the roof top terrace has a maximum height of 8.290m in lieu of 8m as
sought by AO7.1 of the Low Density Residential Zone Code; and
+ the setback from the outermost projection of the roof top balustrade is 2.2m from the southwest side
boundary in lieu of 2.5m for that portion exceeding a height of 7.5m in height.
Please refer to the Figures 1 -2 below and the attached plans for further details.
Figure 1 – Site Plan
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Figure 2 – Extract of south elevation illustrating over height elements
Figure 3 – Extract of east elevation illustrating over height elements
Please refer to Appendix A – Proposal Plans for further details.
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3. Background
Noosa Council’s Application Tracking system reveals the following development applications be relevant
over the site:
Application Submitted Date Details Decision
Number
22225 DA Non-comply dwelling in
132001.210239 16/08/2001 Development Permit
SDPA
112005.2179 29/11/2005 20052179 Dwelling New Dwelling Finalised
112006.784 12/04/2006 20060784 New Swimming Pool Finalised
112006.78 10/01/2006 20060078 New Demolition Finalised
36 Seaview Tce Sunshine Beach -
SSL22/1756 15/06/2022 Approved
New Short Stay Letting application
4. Site Details
The subject site comprises an irregular shaped lot which has a 36.1m frontage to Seaview Terrace to the
north and adjoins the beach reserve to the west and south. The site is improved by a dwelling house which
gains access to Seaview Terrace via a driveway that is positioned in the northwest corner of the site. The
natural land slopes steeply downhill to the east at a gradient in excess of 25%.
Figure 4 – Aerial photograph of subject site and surrounds
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5. Statutory Process & Assessment Requirements
5.1. Change Application - Planning Act 2016
The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
+ The change would not result in a substantially different development because the change relates to
a minor alterations to an existing dwelling house;
+ The change would not cause the approval to include prohibited development;
+ The change would not require the application to be referred to a referral agency;
+ There were no referral agencies involved with the original application; and
+ The proposed change would not require notification under the Noosa Plan 2020.
For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.
5.2. Assessment Procedures
In accordance with Section 81 of the Planning Act 2016, in assessing the change application the assessment
manager must consider:
(2)(da) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application.
(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.
(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;
The original dwelling was approved by council at its meeting on 21st March 2002 (22225 DA).
The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.
An assessment against the all matters the responsible entity would or may assess against or have regard to,
if the change application were a development application is provided in the sections below.
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5.3. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
+ the Planning Regulation 2017
+ the Planning Scheme for the local government area
+ any temporary local planning instrument
+ any variation approval
Of these, the planning instruments relevant to this application are discussed below:
5.4. Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application must
be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
• the SEQ Regional Plan;
• Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
Planning Scheme; and
• Schedule 10 of the Regulation.
An assessment against the applicable benchmarks contained within the Planning Regulation is provided
below:
SEQ Regional Plan
The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). The dwelling
house additions are consistent with the goals, elements and strategies for the Urban Footprint designation.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
Noosa Plan 2020 appropriately integrates all of the SPP provisions except for Natural hazards, risk and
resilience - coastal hazards - in part. Development in the erosion prone area, as shown on the SPP
interactive mapping system, will be subject to assessment against the assessment benchmarks – natural
hazards, risk and resilience within the State Planning Policy.
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Figure 5 – Erosion Prone Area Mapping
An assessment against the applicable benchmarks contained within the SPP are provided below:
Applicable Benchmark Comment
Bushfire, flood, landslide, storm tide inundation, and erosion prone areas outside the coastal
management district:
(3) Development other than that assessed Complies.
against (1) above, avoids natural hazard
areas, or where it is not possible to avoid the The entire site is located within a mapped erosion
natural hazard area, development mitigates prone area and it is not possible to avoid the hazard
the risks to people and property to an area.
acceptable or tolerable level.
The proposal involves additions and alterations to
an existing dwelling which are contained within the
curtilage of the existing dwelling. The proposed
building works do not result in any additional
groundwork taking place within the erosion prone
area and will not introduce any new risks to people
and property from potential beach erosion.
All natural hazard areas:
(4) Development supports and does not hinder Complies.
disaster management response or recovery
capacity and capabilities. The proposed building works additions and
alterations to an existing dwelling and will not
hinder disaster management. response or
recovery capacity and capabilities.
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(5) Development directly, indirectly and Complies.
cumulatively avoids an increase in the severity of
the natural hazard and the potential for damage on The proposed additions and alterations to an
the site or to other properties. existing dwelling do not have a potential to
increase the severity of the natural hazard or the
potential for damage on the site or to other
properties.
(6) Risks to public safety and the environment from N/A
the location of hazardous materials and the release
of these materials as a result of a natural hazard are The proposal relates to additions and alterations to
avoided. an existing dwelling and will not involve storage of
hazardous materials.
(7) The natural processes and the protective Complies.
function of landforms and the vegetation that can
mitigate risks associated with the natural hazard The proposed additions will maintain existing
are maintained or enhanced. landscaping throughout the site.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
5.5. Assessment Benchmarks Relating to the Planning Scheme
5.5.1. Definition
The Noosa Plan 2020 defines a Dwelling House to mean:
Dwelling house means a residential use of premises involving—
a) one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
b) one dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
Consequently, the proposed building works relate to additions to a Dwelling House.
5.5.2. Level of Assessment and Assessment Requirements
The site is a located within the Low Density Residential Zone under the Noosa Plan 2020. Pursuant to Table
5.7.1 of the planning scheme, a Dwelling House is ‘accepted development’ subject to the following
requirements:-
Table 6.2.1
Requirements for Accepted Development
Rural Zone Code Acceptable Outcomes AO5, AO7, AO8, AO9, AO10, AO11,
AO12, AO13, AO14, AO16, AO17, AO18, AO19, AO20 and AO21
of the Low Density Residential Zone Code.
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Low Density Housing Code Acceptable Outcomes AO2, AO3, AO4, AO7, AO15, AO16,
AO18 and AO22 of the Low Density Housing Code.
The proposed building works are also assessable against the Coastal Protection and Scenic Amenity
Overlay Code in accordance with Table 5.9.4 of the Noosa Plan 2020.
The application has been assessed against the applicable outcomes of abovementioned codes and found
to be compliant with each or will other comply with the corresponding performance outcomes. An
assessment against the most applicable outcomes is provided in the table below:
Low Density Residential Zone Code
Performance Outcomes Acceptable Outcomes Compliance
PO5 AO5.1 AO5.1 – 5.2 - Not Applicable
A secondary dwelling may create No more than one secondary
permanent housing for an extended dwelling is provided on
family member or other member of any site regardless of site area.
the household resident in
the dwelling house while protecting AO5.2
the low density character of A secondary dwelling:
the site and the zone.
a) has a maximum gross floor
area of 65m²;
b) has no more than two bedrooms;
and
c) does not occur on any property
covered by a Building Unit Plan.
PO7 AO7.1 AO7.1 – Performance Outcome
Buildings and structures: Buildings and structures are no more Please refer to section 5.3.2.1 for an
than 8 metres in building height and assessment against the
a) are low rise and present do not exceed 2 storeys. corresponding performance
a building height consistent with outcome PO7.
structures on adjoining and AO7.2
surrounding premises and with Where excavation is required, the
the predominant character of maximum portion of the exposed
the area; external façade of the building cannot AO7.2 – Not Applicable
b) are designed to provide an exceed 8m in building height.
interesting streetscape and The proposal does not involve
complement landform excavation.
changes;
c) do not visually dominate the
street or surrounding area;
d) respect the scale of
surrounding vegetation and
maintain a vegetated skyline;
e) do not unreasonably obscure
views or lead to overshadowing
of neighbouring properties; and
f) do not exceed two storeys.
PO8 AO8.1 AO8.1 – Complies
Development: Site cover of all buildings and The dwelling house has a total site
structures on site does not exceed: cover of:
a) is of a scale compatible with Ground level - 38.13%
surrounding development and a) for a single storey building – 50%; Level 1 - 35.22%
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the particular circumstances of b) for a building of 2 storeys –
the site; i. 50% for one of the storeys;
b) has a low site impact to and
maximise the opportunity to ii. 30% for the other storey; or
retain site characteristics, such iii. 40% for both storeys.
as native vegetation and natural
landforms;
c) allows the opportunity to
provide soft
landscaping between buildings;
d) does not present an
appearance of bulk to adjacent
properties, roads or other areas
in the vicinity of the site.
PO9 AO9.1 PO9 – Complies
Buildings and structures are Buildings and structures have
The proposed additions are
designed and sited to: a setback of 6 metres from the
setback greater than 6m from the
a) provide a high level of amenity road frontage, provided
frontage.
to users of the that setback to one frontage may be
subject site and adjoining reduced to 4.5 metres where the lot:
premises, including provision of
visual and acoustic privacy a) has frontage to more than one
and access to sunlight; road; and
b) not unreasonably obstruct b) is less than 600m2 in area; or
views or cause overlooking c) is less than 15 metres in width.
of private open space or
habitable areas of adjoining AO9.2
premises; AO9.2 – Not Applicable
Buildings and structures meet the
c) provide adequate distance following minimum boundary The proposal has a rear boundary
from adjoining land uses; setbacks to rear boundaries: to a reserve. Refer to AO9.4 below.
d) preserve
existing vegetation that will help a) where the lot has an area of at
buffer development; least 550m2, rear setbacks
e) allow for space and comply with either:
landscaping to be provided i. 3 metres setback up to 4.5
between buildings metres in height; and 6
including adequate area metres setback between 4.5
at ground level for landscaping metres and
with trees, shrubs and outdoor 8 metres height; or
living; ii. no part of
f) be consistent with the the building protrudes beyond
predominant character of the a projection line that rises
streetscape; and from 1.8 metres above the
g) protect the natural character ground at the property
and avoid adverse impacts boundary to a point 8 metres
on ecologically important in height 6 metres in from the
areas such as national parks, property boundary, providing
waterways and wetlands. that no building or structure
is setback less than 1 metre
from the boundary, as shown
in Figure 6.3.1.4
AO9.3
Buildings and structures meet the AO9.3 – Performance Outcome
following minimum setbacks to Please refer to section 5.3.2.1 for an
boundaries other than road frontages assessment against the
and rear boundaries: corresponding performance
outcome PO9.
a) 1.5 metre setback up to 4.5
metres height;
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b) 2 metres setback between 4.5
metres and 7.5 metres height; and
c) 2.5 metres if above 7.5 metres
height.
AO9.4
Notwithstanding the provisions of
AO9.2 and AO9.3, a AO9.4 – Complies
lesser building setback to: The proposed additions provide a
a) side and rear boundaries may minimum setback of 2.6m to the
apply for the following provided rear boundary.
they comply with the Queensland
Development Code:
i. open carport;
ii. swimming pool, garage/shed;
and
iii. rainwater tank, retaining walls,
screens and fences not
exceeding 2 metres in height;
and
b) front boundaries may apply for
the following provided they
comply with the Queensland
Development Code:
i. swimming pool less than 1m
above ground level; or
ii. decks or balconies less than
1m above ground level.
c) where the rear boundary of a lot
adjoins a reserve, public open
space or access easement the
rear boundary setback may be as
for other boundaries as
addressed in AO9.3 below.
PO12 AO12.1 AO12.1 – Not Applicable
Buildings and structures are Buildings are orientated towards the
designed to: street by having the main entrance
easily recognisable from the street
a) address the street and and including two or more of the
contribute positively to the following design elements in the front
streetscape character; facade:
b) avoid large continuous wall
planes and bulky elevations or a) verandahs;
boxy profiles; b) porches;
c) maintain a domestic c) external stairs;
appearance consistent with d) awning or shade structures; or
detached dwelling houses. e) window openings.
AO12.2 AO12.2 – Not Applicable
No wall greater than 5 metres in
height has a length greater than 20
metres.
AO12.3
Where buildings are raised on posts AO12.3 – Not Applicable
or stumps with a suspended floor, the
distance between the ground and the
lowest part of the floor of
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the building does not exceed 3
metres.
AO12.4 – Not Applicable
AO12.4
Development visible from the street
includes no more than:
a) one letter box;
b) one electricity meter box;
c) three wheelie bins; and
d) three garage doors.
AO12.5 AO12.5 – Not Applicable
Any shipping containers, railway
carriages or similar are placed behind
a dwelling house and not visible from
the street.
PO13 AO13.1 AO13.1 – Not Applicable
Garages and carports are designed No more than three garage doors,
and sited to visually integrate with having a combined total width not
the dwelling and avoid dominating exceeding 7.2 metres present to the
the street by: street front.
a) minimising the width of the AO13.2
garaging structure; Double width garages do not occur AO13.2 – Not Applicable
b) minimising projection of the on any lot less than 10 metres wide.
structure forward of the main
face of the dwelling; and AO13.3
c) ensuring the pedestrian On a lot less than 12.5 metres wide AO13.3 – Not Applicable
entrance / front door is visible double garages are permitted only
from the front property where:
boundary.
a) the lot is at least 10 metres wide;
b) the building is more than
one storey in height; and
c) the total width of the garage does
not exceed 60% of the width of
the lot.
AO13.4
On lots with a width of at least 12.5
metres but not exceeding 14 metres AO13.4 – Not Applicable
the total width of the garage does not
exceed 50% of the width of the lot
and garage doors do not exceed a
total width of 6 metres.
AO13.5
On lots with a width of more than 14.0
metres, garage doors within 10
metres of the front boundary do not
present a combined width of more AO13.5 – Not Applicable
than 6.7 metres or 40% of the lot
width whichever is the lesser.
PO14 AO14
Basements (including the entry Basements: AO14 – Not Applicable
points to them): a) are limited to one access a The basement entry or footprint will
a) do not dominate the street maximum of 6 metres wide; and not be changing.
or building design; b) do not encroach into
boundary setback areas.
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b) visually integrates with the
residential building; and
c) do not present as a storey to
the street.
PO16 AO16.1
Roof designs: With the exception of the reuse or AO16.1 – Not Applicable
a) contribute positively to the renovation of an
character of the streetscape; existing building which does not
b) incorporate eaves and roof comply, in areas other than the
overhangs; Coastal Communities and Noosa
c) avoid boxy elevations on the Heads local plan areas:
front facade of the building;
d) do not present an appearance a) the main roof of buildings has a
of excessive bulk to the street pitch no less than 5 degrees; and
or neighbouring properties; b) eaves apply to at least 75% of the
e) do not create opportunities for perimeter of the roof.
residents or building users to
overlook the private open AO16.2
space or view into habitable The total width of any parapet wall
windows or doors of does not exceed 50% of the width of AO16.2 – Not Applicable
neighbouring properties. the front facade of a building. The roof form to the street frontage
will not be changing.
AO16.3
Development does not include AO16.3 – Performance Outcome
rooftop terraces.
Please refer to section 5.3.2.1 for an
assessment against the
corresponding performance
outcome PO9.
AO16.3 – Not Applicable
PO19 AO19.1
Development: For landscape amenity reasons, cut AO19.1 – Not Applicable
a) has minimal impact on the or fill is less than 1.5 metres in depth The proposal does not involve cut
natural landform and landscape relative to the ground level. and filling.
of the site;
b) does not lead to erosion or the AO19.2
transport of sediments off site; Development does not result in
and sediment or other material
c) does not lead to the including building materials or waste AO19.2 – Complies
disturbance of natural features, products being deposited or released The additions and alterations are
buildings or structures of into the road reserve, stormwater within the curtilage of the existing
cultural heritage significance. drain or adjacent properties. dwelling and will not result in
sedimentation issues.
PO20 AO20.1 AO20.1 – Complies
Development on sloping sites: To protect scenic amenity and other The additions and alterations are
landscape qualities: within the curtilage of the existing
a) is visually responsive to the dwelling and remain responsive to
natural topography and sits a) buildings and structures are not the sloping site.
within the landscape rather than constructed on land with
dominating it; a slope greater than 33%; and
b) steps down slopes or uses b) buildings and structures are only
suspended floor construction, constructed on steep slopes if:
minimising cut or fill and i. there are no other
avoiding benching of the site; suitable building sites on the
c) retains natural vegetation that property; and
assists in screening or visually ii. construction utilises
softening development; and suspended floors or pole
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d) uses materials, finishes and footings rather than slab on
colours that complement the ground construction.
natural setting and integrate
with the landscape and skyline. AO20.2
On sloping sites or on ridgelines at the AO20.2 – Complies
uppermost edge of a hill slope: The dwelling house is positions at
the bottom of a hillside and below
a) roof lines are generally parallel the height of prevailing mature
with contours of the land; vegetation in the area.
b) roofs do not exceed a pitch of 15
degrees;
c) buildings do not protrude above
the height of
prevailing vegetation; and
d) undercroft areas exceeding 1.5
metres in height are screened
with landscaping or battens.
AO20.3
On sloping sites slab on ground AO20.3 – Complies
construction is avoided to The dwelling provides a
minimise building bulk and benching suspended floor construction.
of the site. Split-level buildings with
small floorplates are used as an
alternative. Post and beam
construction or suspended floor or
pole footings may be appropriate.
AO20.4 Buildings:
a) are constructed in lightweight AO20.4 - Complies :
materials such as timber or board, The proposed addition include a
stainless steel, glass and mixture of steel and glass and
corrugated iron; timber and are consistent with the
b) are finished with exterior colours existing building. It will be finished in
of moderate to darker shades of tones that blend with the
olive green, brown, green, blue, surrounding landscape.
charcoal or wood stains that
blend with the colour and hues of
the surrounding vegetation and
landscape;
c) avoid large expanses of solid
colours or reflective surfaces.
PO21 AO21 AO21 – Not Applicable
Filling and excavation for Filling and excavation for operation The proposal will not involve filling
operational works do not directly, works are designed and constructed or excavation.
indirectly or cumulatively cause to ensure overland flow and/or
adverse impacts external to the flooding is not worsened, impeded, or
development site by: otherwise diverted to adversely affect
other properties or downstream
a) causing ponding of water on environments
the site or nearby land;
b) increasing flooding, which
adversely affects the safety or
use of any land upstream or
downstream; or
c) adversely affecting the flow of
water in any overland flow path.
Low Density Housing Code
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Performance Outcomes Acceptable Outcomes Compliance
Landscaping AO6 – Complies
PO6 AO6 The additions and alterations will
Buildings and structures allow for Soft landscaping is provided and maintain a minimum of 20% soft
sufficient space for outdoor retained to a minimum of 20% of landscaping throughout the site.
activities, garden areas and the site area.
screening to surrounding land uses.
Landslide Hazard Area AO22.1 AO22.1 AO22.3 – Performance
PO22 Development, including outcome
Development maintains the safety associated access, is not located on
The land is identified as a landslide
of people, property and hazardous land identified as a landslide hazard
hazard area on a Landslide Hazard
materials stored in bulk from the risk area on a Landslide Hazard Overlay
Overlay Map and consequently
of landslide. Map.
cannot achieve AO22.1. However,
the proposed additions and
AO22.2
alteration to an existing dwelling
Development, including
and do not involve any groundwork
associated access, is located outside
and are within the curtilage of the
moderate, high and very high
existing dwelling and consequently
landslide hazard areas and areas with
will maintain the safety of people
15% slope or greater, as determined
and property in the event of a
by a site-specific slope-analysis.
landslide.
AO22.3
A site-specific geotechnical
assessment is prepared by a
registered professional engineer to
certify that:
a) the stability of the site, including
associated buildings and
infrastructure, will be maintained
and operational for the life of the
development;
b) the site is not subject to the risk of
landslide activity originating from
other land, including land above
the site; and
c) development of the site will not
increase the risk of landslide
activity on other land.
Coastal Protection and Scenic Amenity Overlay Code
Performance Outcomes Acceptable Outcomes Compliance
PO5 AO5 AO2.1 – Not Applicable.
Development within the Coastal A mix of native landscaping, such as
Protection and Scenic Amenity The site does not contain a
ground covers, shrubs and trees, is seaward rear boundary. The
Area is— provided for a width of 5 metres from eastern side boundary of the site is
the seaward or rear boundary of the seaward boundary and adjoins
a) designed to protect character the site to provide adequate
and scenic amenity and another dwelling house. The
landscape buffering to protect the proposed additions will maintain
integrate with the surrounding coastal dune system.
natural landscape and the existing landscaping
throughout the site that protects
skyline vegetation (see Figure
the natural landscaped setting.
AP3-3A); and
b) finished predominately in
colours and hues of the
surrounding natural landscape.
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PO6 AO6.1 AO6.1-AO6.3 – Not Applicable
Rear fences adjacent to the Rear fences adjacent to the The proposal does not adjoin the
beachfront within the Coastal beachfront within the Coastal beachfront.
Protection Area are designed and Protection Area incorporate the
sited to be sympathetic with the following—
visual amenity of the beachfront
and do not degrade the natural a) height of no more than 1.2 metres;
beachfront character. and
b) open construction (ie at least
50% transparent);
c) lightweight materials (eg. timber);
and
d) dark colours to blend with the
natural landscape.
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.
5.3.2.1 – Alternative Outcomes
Building Height
The balustrade associated with the roof top terrace has a maximum height of 8.290m in lieu of 8m as sought
by AO7.1 of the Low Density Residential Zone Code. While exceeding the acceptable outcome it is
considered that the proposed additions and alterations comply with Performance outcome PO7 of the code
for the following reasons:
(a) The building will remain a low rise building and provide a building height that is consistent with
structures on adjoining and surrounding premises and the predominant character of the area in
that:
(i) only a small section is a glass and timber batten balustrade will exceed a height of 8m by a
maximum of 290mm;
(ii) the building will present a compliant height to the street frontage and the over height balustrade
will not be perceivable from boundaries of the site; and
(iii) the surrounding area comprises of large beachfront houses of which the proposed building is
compatible with.
(b) the proposed additions maintain and improve an existing dwelling which provides for an interesting
appearance and has been designed with suspended floors to complement the steeply sloping land;
(c) the dwelling is located at a low point in a valley and will not visually dominate the street or surrounding
area;
(d) the dwelling respects the scale of surrounding vegetation in that it presents a height of 6.5m to the
street frontage and public carpark, being lower than the height of mature trees in the nearby
streetscape as illustrated in Figures 5 & 6 below ;
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Figure 6 – View from carpark Figure 7 - View from Seaview Terrace
(e) mature vegetation will be maintained around the dwelling and a vegetated setting and skyline will be
maintained;
(f) it will not unreasonably obscure views or lead to overshadowing of neighbouring properties in that:
(i) the encroachments above 8m is limited to a glass and timber batten balustrade that adjoins a
reserve and only exceeds 8m by 290mm; and
(ii) the site is located at a low point in a valley and there are no dwellings in the surrounding area
that will have views obscured by the balustrade; and
(iii) the balustrade will not cause the building to exceed 2 storeys in height.
Side Setback
The setback from the outermost projection of the roof top balustrade is 2.2m from the southwest side
boundary in lieu of 2.5m for that portion exceeding a height of 7.5m in height.
While not meeting Acceptable Outcomes, it is considered that the proposed additions comply with
Performance Outcome PO9 of the Code for the following reasons:
a) it will 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 in that:
i. it will provide access to a roof top to enjoy for amenity and recreation purposes for residents of the
dwelling; and
ii. the setback encroachment relates to the introduction of the balustrade on the roof top terrace. The
encroachment adjoins a reserve and will not impact on the amenity of the adjoining neighbours;
b) the additions remain low-rise and the reduced setback will not obstruct views or cause overlooking
opportunities upon the private open space or habitable area of adjoining premises;
c) the encroaching structure is not located in close proximity to adjoining dwellings and will maintain
adequate separation from the nearest dwellings;
d) the structure is situated on an existing roof top and there will be no loss of landscaping;
e) the dwelling maintains a significant portion of the site dedicated to landscaping purposes, including
between buildings;
f) the proposed dwelling is consistent with the predominant character of the streetscape which
predominantly consists of large double storey dwellings that provide a varied form.
Roof Top Terrace
The proposed building includes a rooftop terrace and consequently does not comply with Acceptable
Outcome AO16.3 of the Low Density Residential Zone Code. While not complying with the acceptable
outcome, it is considered that the proposed building complies with PO16 of the Low Density Residential Zone
Code for the following reasons:
a) the building will contribute positively to the local character of the streetscape in that the rooftop terrace
retains the existing roof design fronting Seaview Terrace and will not be visually imposing to the
streetscape;
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Page 20
b) the existing roof design is consistent with the character of the coastal communities locality and includes
a variety of roof overhangs and large window hoods.
c) the proposed roof top terrace introduces a glass and timber batten balustrade on the roof level and will
not present a boxy appearance or excess bulk to the street frontage or adjoining properties; and
d) it will not create opportunities for residents or users to overlook the private open space or view into
habitable windows or doors of neighbouring properties in that:
i. the closest dwelling is situated to the east of the terrace, at 38 Seaview Terrace, and the view to
this property, including pool, decks and open space is obscured by the roof of the subject dwelling
(refer to Figures 7 and 8 below);
ii. a timber batten screening device has been on the northern side of the terrace to prevent direct
views into the habitable room windows of the dwelling
Figure 8 - View from proposed terrace looking east Figure 9 - View from building edge looking east
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6. Conclusion
The above report demonstrates that the proposal involves a minor change under the Planning Act 2016
and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately
been demonstrated that the proposed changes comply with the performance and/or overall outcomes of
the relevant codes and will maintain a high level of residential amenity and a building that complements the
beachside character of the area. Consequently, the minor change application should be supported.
This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or any aspect
of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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