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Refused Decision Notice MCU24 0032 · MCU24/0032
b. does not respond to the existing site conditions and will visually dominate the street
and surrounding area.
3. The proposal does not comply with Acceptable Outcome AO8.1 and corresponding
Performance Outcome PO8 of the Low Density Residential Zone Code as:
a. The proposal will result in a site cover of the development to 51% on the ground floor
and 38% on the first floor, well in excess of the requirements of the planning scheme.
b. The proposed building bulk is incompatible with surrounding development and the
particular circumstances of the site, noting that existing development in proximity
predominantly complies with the current site cover requirement or achieves a site cover
of an average of 40% for each storey.
c. The proposal does not achieve the 20% soft landscaping requirement, and the
structures at the basement level impacts upon the opportunity for meaningful
vegetation to screen or soften the appearance of the proposed building.
d. The proposed building bulk will be visible and prominent to Mossman Court,
surrounding development and from the waterway.
4. The proposal does not comply with Acceptable Outcome AO9.1 and AO9.2 and
corresponding Performance Outcome PO9 of the Low Density Residential Zone Code as:
a. The proposed building is not designed and sited in a manner consistent with the
predominant character of the streetscape and will impact upon on the amenity of the
streetscape and adjoining parcels due to the proposed setback encroachments.
b. The laundry, being located within the side setback clearance, reduces solar access to
the clothes drying area of the adjoining parcel to the east and does not provide
adequate distance from this area.
c. The proposed balcony and roof within the front setback will have a finished height of
7.3 metres and cause the building to dominate the street.
5. The proposal does not comply with Overall Outcome 9.3.1.2 (2)(b) of the Low Density
Housing Code as the proposed bulk and scale of the dwelling is not sited or designed to
protect the amenity of neighbouring premises.
6. The proposal is unlikely to be able to comply with Acceptable Outcome AO6 and
Performance Outcome PO6 of the Low Density Housing Code as the basement within the
boundary setbacks will limit the ability to provide soft landscaping, including screening to
surrounding land uses.
4. SUBMISSIONS
Not applicable.
5. 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.
6. 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.
Yours faithfully,
Samual Osakwe
Development Planner
Enc: Appeal Rights
Page 2 of 3
Document Set ID: 23077366
Version: 4, Version Date: 02/07/2024
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