Ext to currency lot 323 (37 Douglas formerly 35 Douglas st)- Planning Report

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Table of Contents

Important Note                                                                                  2

1.   Summary                                                                                    3

2.   Background                                                                                 4

3.   Extension to currency period - 132003.221157.4                                             5
     3.1   Setback                                                                              5
     3.2 Site Cover                                                                             5
     3.3 Plot ratio                                                                             6
     3.4 Roof Form                                                                              6
     3.5 Additional elements                                                                    6

4.   Conclusion                                                                                 6




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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Melda Investments Pty Ltd (“Client”) for the
specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions, or subject matter
                 contained in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
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compensation, interest and any other direct, indirect, consequential or financial or other loss.




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1.   Summary

RG Strategic has prepared this development application on behalf of Melda Investments Pty Ltd.
The purpose of this report is to seek approval to extend the currency period for 4 years of the
Decision Notice 132003.221157.4. The subject site is located at 37 Douglas Street (formerly No. 35),
Sunshine Beach and is formally described as Lot 323 on RP48111.

This approval was combined with 2 other approvals over the adjoining sites with the same suite of
approved plans each stamped for the 3 sites. To provide clarity, 3 separate reports have been
prepared for this request to currency period (1 per lot) as typographical errors have been found in
the Decision Notices of 2 of the approvals.

This request seeks to amend Condition 13 to extend the currency period for 4 years to 30 June 2025
in accordance with Section 86 of the Planning Act 2016, excluding the Applicable Event Notice (Covid
pandemic) automatic extension by the Minister.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. There is no change to the approved plans proposed. While a new Planning Scheme
has been introduced since the last extension, this report finds the proposal consistent with the
relevant Performance Outcomes of the Medium Density Residential Zone Code and the Low Density
Housing Code. Council’s approval of the application is therefore sought.




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2.   Background

     •   132003.221157 - On 30 June 2005, Council approved 3 x Material Change of Use applications
         for Non-conforming dwellings.

     •   132003.221157.2 - On 17 of August 2009 Council decided to extend the relevant period by 4
         years, ending on 30 June 2013.

     •   132003.221157.3 - On 23 August 2013 Council decided to extend the relevant period by a
         further 4 years, ending on 30 June 2017.

     •   132003.221157.4 – On 26 June 2017 Council extended the currency by a further 4 years,
         ending on 30 June 2021.

     •   The Applicable Event Notice allows an automatic extension of this approval to 30 December
         2021, this approval is therefore current.




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3.    Extension to currency period - 132003.221157.4

In accordance with Section 87 (1) of the Planning Act 2016, Council may consider any relevant matter.
Section 87 (1) is provided below for reference

87       Assessing and deciding extension applications

(1)   When assessing an extension application, the assessment manager may consider any matter
      that the assessment manager considers relevant, even if the matter was not relevant to
      assessing the development application.

In this case it is considered the relevant matters is the planning scheme in force at the time of the
original approval, The Noosa Plan 2006 and Noosa Plan 2020.

The original application was approved under the Transitional Planning Scheme and given an
extension was granted in 2009, was deemed to comply with The Noosa Plan 2006 with some minor
changes to the approved plans.

The previous extension to the relevant period given was assessed against The Noosa Plan 2006 and
it was determined to be consistent with the requirements of that planning scheme.

The main issues identified were in relation to site cover, setbacks and roof pitch. Since the previous
change was approved, the Noosa Plan 2020 has come into effect and therefore an assessment
against the Medium Density Zone Code and the Low Density Housing Code in relation to the above
matters is provided below.

An assessment of each of the issues raised under the previous extension to currencies which are
summarised below:

3.1 Setback

A setback relaxation is sought to the rear and side boundaries. The proposal includes the retention
of vegetation within the rear setback which will offset any building bulk and scale. An undeveloped
vegetation road corridor is located in this location which buffers and screens the development. The
proposed rear boundary setback is consistent with developments both adjoining and in the area.

Where encroaching within the side boundary setback, privacy is maintained by ensuring windows
openings are screened. The proposed side boundary setback remains consistent with
developments both adjoining and in the area. Lots in the area are typically narrow which drastically
reduces usable building footprint. Council has granted numerous side boundary setback
relaxations. The proposal therefore complies with PO12 of the Medium Density Residential zone
code.

3.2 Site Cover

The Noosa Plan 2020 seeks a Site Cover of 40% for dwelling house in the Medium Density residential
zone. Noting that AO 10 of the Medium Density Residential zone code is an Acceptable Outcome. It
is considered the proposal complies with PO10 as described below.


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As discussed in the Council Officers previous extension report, approval is sought for a ground floor
site cover of 49% and 1st floor site cover of 35%. This means the ground floor exceeds the require 40%
by 9% and the upper floor 5% less than the maximum allowed.

Based on the architectural design of the dwellings, the small exceedance of site cover is equivalent
to a gross floor area of 21m² on the ground floor which does not impact on any neighbouring
properties and is not readily seen from the surrounding area. The upper floor is 12m² less than allowed
which is the level that is mostly seen from the street and neighbouring properties.

Overall, the architecturally building design will not present bulky to the street or neighbouring
properties. In fact, dwelling houses adjoining to the east at 39, 41 and 43 Douglas Street and to the
rear at 50, 52 & 54 Ferguson Street all have site cover of near 50% demonstrating the proposal will
be consistent in bulk and scale to the adjoining and nearby properties and comply with PO 10 of the
Medium Density Residential zone code.

3.3 Plot ratio

While the Plot ratio does not comply with the Noosa Plan 2020 AO11 of the Medium Density
Residential zone code requirement of 0.4:1, the proposal is an architectural design that has
considered all aspects of amenity. The scale and bulk is compatible with surrounding development
as demonstrated above in section 4.2 of this report.

3.4 Roof Form

The Acceptable Outcome AO19 of the Medium Density Residential zone code seeks no roof terraces.

The dwellings include roof top terraces, however the siting of the terrace areas are an appropriate
response to address overlooking onto private open space areas of adjoining dwellings. The
proposed roof deck and lanai are situated towards the front of the site, such that there is likely to
be minimal overlooking to the adjoining properties (31 & 39 Douglas Street) with their outdoor open
space areas situated towards the rear. This proposal was assessed under the superseded planning
scheme and determined to comply with similar provisions to that of the current Medium Density
Residential zone code PO19.

3.5 Additional elements

The approval conditions require front fences and walls setback an average of 1m, decks and
balconies not to be enclosed, sustainable building design elements such as for hot water and water
conservation, the retention of mature trees onsite and a required Operational Works Approval
required for access, civil, SW, frontage works, earthwork and landscaping which is not normally
associated with a dwelling house.

4. Conclusion

The proposal is an architecturally designed house where the architect Middap Ditchfield P/L has
provided a design that has well considered privacy, bulk and scale and streetscape of the proposal.



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The dwelling is consistent with and in character with buildings on adjoining and surrounding
properties and considered to comply with the relevant provisions of the Noosa Plan 2020, The Noosa
Plan 2006 and the transitional planning scheme which the proposal was originally approved under.

The conditions of approval require frontage works which go beyond that would be required under
the current and superseded planning scheme for a detached house in the Medium Density
Residential zone.

It is requested to extend the currency period for 4 years.




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