Delegated Report - Planning MCU17/0523

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0523
Applicant	Coastal Building Certifications Pty Ltd
Proposal	Material Change Of Use - Detached House
Properly Made Date	12 September 2017
Information Request Date	3 October 2017
Information Response Date	13 October 2017 (Referral Agency response 30 November 2017)
Decision Due Date	13 January 2018
Report Completed Date	15 December 2017
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	Noosa Dunes 26/512 David Low Way Castaways Beach Qld 4567
RP Description	Lot 26 SP 111721
Land Area	645 Square Metres
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Coastal Protection
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House within the Coastal Protection Overlay in The Noosa Plan.  The proposed dwelling is located in the Noosa (formerly Marcus) Dunes Group Title Development. The Noosa Plan calls up the relevant Plan of Development 67 on plan ACA-1, Zoning Map ZM4a. Dwelling houses must be constructed in accordance with the development parameters outlined on the plan of development, which are contained in the assessment following.

site details
Site & Locality Description
Road Frontage	Internal Road (part of common property)
Existing Significant Vegetation	The lot has some dunal vegetation.
Topography:	The lot slopes from the north to the south.
Surrounding Land Uses:	Marcus Dunes Estate consists of 36 individual lots and detached dwellings similar in nature to that proposed.

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 application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Plan of Development requirements	Assessment of Compliance
Buildings shall be constructed in the envelopes as shown on the POD Setbacks 6m to west boundary (frontage) 2m to south and northern boundaries 6m  to the east boundary (rear)	The proposal complies with the setbacks required by the POD having a front setback of 6.0m and the balance of the building within the building envelope.
Maximum Building Height 2 storeys 8m or: maximum roof level as shown on POD whichever is the lesser height	Not Applicable
Maximum Building levels 3 levels	The dwelling complies with the maximum building levels.
Site Coverage maximum of 40%	The proposal plans indicate a site cover of 40%.
Maximum dwelling unit floor area 350m² (including garage space) and one managers office of 40m².	The proposal plans indicate a gross floor area of 390m² which includes 40m² of office space as shown on the plans.

Stormwater and Slide Hazard
The applicant has provided a stormwater management plan and a site classification report. A condition will be included to ensure development is undertaken in accordance with both reports.

Coastal Protection
The proposed dwelling maintains the required setbacks under the Plan of Development.

Roof Pitch
The proposed dwelling has a flat roof, with the building design well-articulated and aesthetically presented to all boundaries.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
The Department is a referral agency for Department of Environment and Heritage Protection (UXO)
The Department has responded, applying a condition to ensure measures are undertaken to identify and subsequently remediate any unexploded ordnances found on the subject site.
Other Referrals
The application was not forwarded for internal consultation.
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.
RECOMMENDATION
With regard to Application No MCU17/0523 for a Material Change Of Use - Detached House situated at Noosa Dunes 26/512 David Low Way Castaways Beach Qld 4567 and described as Lot 26 SP 111721, it was resolved to note that the report is provided in accordance with Section 63(5) of the Planning Act 2016 and that the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU17/0523
Street address:	Noosa Dunes 26/512 David Low Way Castaways Beach Qld 4567
Real property description:	Lot 26 SP 111721
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Material Change Of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
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.	Plan/Document Name	Date
C0.0	Site Plan, drawn by C Clout	19 July 2017
C1.0	Lower Floor Plan, drawn by C Clout	19 July 2017
C2.0	Ground Floor Plan, drawn by C Clout	19 July 2017
C3.0	Upper Floor Plan, drawn by C Clout	19 July 2017
C4.0	Elevations – East and West, drawn by C Clout	19 July 2017
C5.0	Elevations – North and South, drawn by C Clout	19 July 2017
C6.0	Section 1 & 2 , drawn by C Clout	19 July 2017
Plan of Development
The development must be carried out in compliance with the relevant requirements and provisions of the Plan of Development (No 67).
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
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 $10,000 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
All vegetation outside the building envelope must be retained where practicable.
All landscaping must be planted in accordance with the approved Landscape Plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation 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.
Site Access and Driveways
A sealed access driveway must be provided from the common property road formation to all parking and manoeuvring areas of the development. The works must be undertaken generally in accordance with drawing number 27195-DR1 prepared by SCG Consulting Engineers dated October 2017 and must include in particular:
a driveway crossover generally in accordance with Council’s standard drawings RS-049 and RS-050
the driveway constructed so as to not direct stormwater runoff from the common property road formation on to the subject site
the driveway constructed so as to not concentrate or direct stormwater runoff onto neighbouring properties
Upon completion of the work a certificate must be issued by an RPEQ certifying that the works have been constructed in accordance with the requirements of this permit
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be generally in accordance with drawing number 3278-2 prepared by Construction Hydraulic dated 21 July 2017
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Site Classification Report reference number J17/01 prepared by Wagner Soil Testing dated 13 March 2017.
Earthworks and Retaining Walls
All excavation or fill and any associated batters must be and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Excavation of the site and the construction of the proposed works must not have any adverse effects on the stability of adjoining buildings and/or structures and/or services and/or lands. In this regard, a Registered Professional Engineer Queensland must supervise the excavation of the site and the construction of the new works to determine whether any additional measures are required to protect the stability of adjoining buildings and/or structures and/or services and/or lands.
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.
Following Construction
Upon completion of the works a certificate must be issued by an RPEQ certifying that the stormwater and driveway works have been constructed in accordance with the requirements of this permit
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Site Classification Report reference number J17/01 prepared by Wagner Soil Testing dated 13 March 2017 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination
Coastal Protection
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
General
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

	Department of Environment and Heritage Protection (EHP)	Contaminated Land (unexploded ordnance)	The agency provided its response on 30 November 2017  (Reference No.: 1711-2553 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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 years experience in the field of geotechnical engineering or engineering geology.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway – if not self-assessable
Development Permit for Building Works	All building Works
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