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planning report Duke St- Change · 51989.1635.02

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      Development Application
          Planning Report


Minor Change to Existing Approval (TPC2178)
             (Additions to Unit 1)
  situated at 37 Duke ST, Sunshine Beach
             (Lot 389 / RP48112)




                                              Page 1 of 13
Full text of the other 12 pages

Page 2

Contents
1.0      Summary ........................................................................................................................... 3
  1.1        Development application details ................................................................................................3
  1.2        Planning instrument details .......................................................................................................3
  1.3        Referral agencies........................................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1        Site description ..........................................................................................................................4
  2.2        Surrounding land uses ................................................................................................................5
3.0      Proposed development details .......................................................................................... 6
4.0      Planning assessment .......................................................................................................... 8
  4.1    Minor Change Assessment .........................................................................................................8
  4.2    Key issues ................................................................................................................................ 10
    4.2.1 Noosa Plan Technical Compliance .................................................................................................. 10
    4.2.2 Setbacks .......................................................................................................................................... 10
    4.2.3 Site Cover ........................................................................................................................................ 12
    4.2.3 Condition Changes .......................................................................................................................... 12
5.0      State assessment and other matters ................................................................................ 13
  5.1    State interests .......................................................................................................................... 13
    5.1.1 Matters established in the Planning Regulation ............................................................................ 13
    5.1.2 State Planning Policy ...................................................................................................................... 13
6.0       Conclusion ...................................................................................................................... 13


Client Name:          Nina and Nick Caples
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:              1
Date:                 28 May 2020



This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective 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.




                                                                                                                                              Page 2 of 13

Page 3

1.0 Summary

1.1 Development application details
  Type of approval sought:     Minor Change to Existing Approval TPC2178
                               (3 Multiple Dwelling Units)
  Site address:                37 Duke St, Sunshine Beach
  Real property description:   389 / RP48112 and 1 / BUP10951
  Site area:                   1,360m2
  Assessment manager:          Noosa Council
  Owner details:               Christina Caples
  Applicant details:           Christina Caples c/- Pivotal Perspective Pty Ltd



1.2 Planning instrument details
  State planning policy:       Nil
  Regional plan:               SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                 2014), urban footprint designation.
  Planning scheme:             The Noosa Plan
  Zone:                        Attached Housing zone
  Applicable overlays:         Nil
  Applicable codes:            Eastern Beaches Locality Code
                               Residential Uses Code
                               Landscaping Code
                               Engineering Works Codes




1.3 Referral agencies

Nil




                                                                                  Page 3 of 13

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site                                                    Description
 characteristic

 Existing land use     On the 10 October 1989, Council issued an approval for 3 units (TPC 2178 –
 and approvals         51989.1635).
                       On the 10 October 1995, Council issued a change to the existing approval to
                       enclose a deck.
                       On the 6 August 2001, Council issued a further change for an alternative
                       access via an easement on the adjoining property, removal of the driveway and
                       landscaping changes.
                       23061DA and 23022DA were also approved for the associated Operational
                       Works.
                       On the 13 April 2012, Council issued approval for a minor changes approval
                       for additions to Unit 1, including an entertainment building overlooking the
                       swimming pool, enclosing first floor balcony and enclosing the first floor terrace,
                       as shown below:




                       The changes approved in 2012 were never constructed.

 Frontage and          Lot 1 currently gains vehicular access to Duke St via an access easement
 access                though the adjoining lot at 37 Duke St. A walkway access is also provided
                       through common property area.

 Topography and        The site slopes away from the south west to the north east of the site.
 views

 Existing vegetation   There is no significant mature vegetation within the area of the proposed
                       additions.



                                                                                            Page 4 of 13

Page 5

Figure 1: Aerial View
Source: Noosa Council Mapping System


2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North        33 Duke St – Existing three storey duplex




   South        39 Duke St – Existing three storey duplex




    East        Across Duke St is the Dolphins backpackers

    West        Unit developments fronting Elenda St




                                                             Page 5 of 13

Page 6

3.0 Proposed development details
The application seeks to change undertake additions to Unit 1, including the following highlighted
plans and photos of the changes relative to their levels:


Ground Level
   -   Covered parking space; and
   -   Ensuite extension




Level One
   -   Enclose patio in western corner of building;
   -   Elevated pool and deck to align with first floor level floor level; and
   -   Privacy screens




                                                                                       Page 6 of 13

Page 7

Level Two
   -   Decking and firepit on the existing floor level
   -   Shade structure 3m above existing floor level
   -   Timber privacy screens




                                                         Page 7 of 13

Page 8

4.0 Planning assessment
4.1     Minor Change Assessment
An assessment against the meaning of minor change and a response about the proposed application
provided thereafter underlined. The Planning Act 2016 defines a minor change as a change to the
approval that:

       i. would not result in a substantially different development*;
              (*In determining whether the proposed change would result in substantially different
              development, the assessment manager or referral agency must consider the
              individual circumstances of the development, in the context of the change proposed.)

              A change may be considered to result in a substantially different development if the
              proposed change:

                -   Involves a new use; or

       Response: The proposed development does not change the existing multiple dwelling use.

                -   Results in the application applying to a new parcel of land; or

       Response: No new parcels of land are applicable.

                -   Dramatically changes the built form in terms of scale, bulk and appearance; or

       Response: Unit 1 currently includes a three storey detached dwelling. The additions are
       considered minor in the context of the existing built form.

                -   Changes the ability of the proposed development to operate as intended; or

       Response: The site will still be used as a detached dwelling unit.

                -   Removes a component that is integral to the operation of the development; or

       Response: There are no components being removed from the development integral to the
       operation of the development.

                -   Significantly impacts on traffic flow and the transport network, such as
                    increasing traffic to the site; or

       Response: No change

                -   Introduces new impacts or increases the severity of known impacts; or

       Response: No new impacts are introduced.

                -   Removes an incentive or offset component that would have balanced the
                    negative impact of the development; or

       Response: The proposal does not remove an incentive or offset.

                -   Impacts on infrastructure provisions.

       Response: No change.



                                                                                       Page 8 of 13

Page 9

       ii. if a development application for the development, including the change, were made
       when the change application is made would not cause—

              A. the inclusion of prohibited development in the application; or

       Response: The change does not include any prohibited development.

              B. referral to a referral agency, other than to the chief executive, if there were no
                 referral agencies for the development application; or

       Response: No agencies are triggered for referral.

              C. referral to extra referral agencies, other than to the chief executive; or

       Response: No referral agencies are applicable to the current development.

              D. a referral agency to assess the application against, or have regard to, matters
                 prescribed by regulation under section 55(2), other than matters the referral
                 agency must have assessed the application against, or have had regard to, when
                 the application was made; or

       Response: The proposed change would not result in the chief executive having to consider
       matters additional to those considered when the application was made.

              E. public notification if public notification was not required for the development
                 application.

       Response: The change does not require the application to be publicly notified. The original
       approval attracted no submissions and the changes would not likely attract any additional
       submissions.

Given the above, the proposed change to the existing approval is a minor change in accordance with
Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.




                                                                                              Page 9 of 13

Page 10

4.2        Key issues
4.2.1 Noosa Plan Technical Compliance
The proposed development generally meets all the Accepted Outcomes of the Eastern Beaches
Locality Code, with further discussion against the Specific Outcomes provided below.

 Parameter     Requirement                         Proposal                                          Compliance

 Setbacks      Front – 6m                          Front – No change                                      Y
               Side – Half building height in      Side (north) – Class 10a carport                       Y
               metres*
                                                   Side (south) – 4.5m high x 12.8m long, setback        SO
                                                   1.5m from boundary


               Rear – 6m for two storeys and       Rear – Class 10a carport
               8m for third storey*                                                                       Y
                                                   Rear – Proposed shade structure on third storey
               AND                                 within 8m of rear setback.                            SO

               *Nil for class 10a buildings with
               a mean height of 3.5m and no
               >4.5m and 9m long

 Density       160 persons per Ha                  No Change (9.9)                                        Y
               (21.76 persons for the 1,360m2
               site)

 Height        12m                                 Existing = 3 storeys and less than 12m                 Y
               3 Storeys                           Proposed = 3 storeys and less than 12m                 Y

 Site Cover    35% (476m2)                         Existing = 29% (394m2)                                SO
                                                   Proposed = 36.8% (501m2)

 Gross Floor   0.6:1                               Existing = 704m2                                       Y
 Area
               (816m2)                             Proposed = 752m2

 Landscaping   297m2                               Existing = 400m2                                       Y
                                                   Proposed = 312m2


4.2.2 Setbacks

The Eastern beaches Locality Code Specific Outcomes O5 seeks for buildings and structures to be
designed to provide amenity for the users and neighbours, with landscaping provided between
buildings.

The New Noosa Plan has been through substantial public and State interests checks and is ready
for final endorsement by the new Noosa Council. The provisions of the new plan reduce the side
setback calculation to 1.5m for any building up to 4.5m in height, as shown below.




                                                                                                      Page 10 of 13

Page 11

The proposed pool and deck along the southern boundary allow integration with the main living area
and kitchen on the first floor. The pool and deck wall are 4.5m high and setback 1.5m from the
boundary. This setback is compliant with The New Noosa Plan provisions.

The owners indicate there is no plan for a room under the deck (to be used for pool equipment) and
the walls along the boundary are to be rendered and finished to match in with the house. The ensuite
to bedroom 1 on this level is to be widened and a new window installed, as shown in relation to the
existing ground floor plans below.




The 1.5m area between the new blockwork wall and the northern boundary is proposed to be
landscaped with screening vegetation. This area is currently not seen by the neighbours because of
the existing landscaping along their driveway. Although the blockwork balustrading to the deck is
above the setback requirement, landscaping is proposed between buildings and the height of the
building is compliant with The New Noosa Plan provisions.

The proposed shade structure on the third storey is setback 6.5m from the rear boundary and is not
strictly in accordance with the 8m setback requirements. The roof element is
proposed with 40mm slats and a 40mm gap screen on the top of a pole structure
for shade protection only, with no walls. An indicative picture of slats (without the
gutter) is shown to the right. This element is light weight and to be finished with
landscaping crawler vegetation to grow over it. The building element is
substantially lower than the 12m height requirement and the proposal does not
remove any existing vegetation along the rear boundary. Although not complying
with the Noosa Plan’s 8m setback requirement, the design is below the 12m
requirement, lightweight and consistent with the existing building elements and
height of vegetation at that level consistent with the Specific Ouctomes of The
Noosa Plan.



                                                                                        Page 11 of 13

Page 12

4.2.3 Site Cover

The proposed works increase the site cover over the entire site from 29% to 36.8%. This is slightly
larger than the 35% site cover requirement sought by The Noosa Plan, however less than the 40%
requirement sought by The New Noosa Plan. It is noted the adjoining development to the north at
39 Duke St was approved under The Noosa Plan (MCU15/0069) and allowed a site cover of 40%.
This is in accordance with all other Locality’s Attached Housing Zones and the Eastern Beaches’
Semi Attached Housing zone.

The proposed development allows ample opportunities for landscaping to be provided between
buildings and will not adversely impact on the surrounding residential amenity. The proposal is also
consistent with the scale and character of the streetscape and surrounding residential development
along Duke Street. This is the largest of the dwelling units on the Mulitple Dwelling unit site and there
is still further site cover and Gross Floor Area on the site for future additions.

4.2.3 Condition Changes

The proposed changes to the existing conditions are setout below within the following table
(Additions Bold Underlined and deleted text strikethrough):

 Existing Condition                                                  Proposed Condition
 2.                                                                  2.
 a) Front and rear setbacks to be a maximum six (6.0) metres         a) Front and rear setbacks to be a maximum six (6.0) metres
 except for the entertainment building for unit 1 which must         except for the entertainment building for unit 1 which must have
 have a minimum setback of 1.5m to the rear boundary, the lift       a minimum setback of 1.5m to the rear boundary, the lift shaft
 shaft and the roofed pergola structure to the rear of unit 1 must   and t
 have setbacks in accordance with the approved plans outlined        The roofed pergola structure to the rear of unit 1 must have
 in Condition 27.                                                    setbacks in accordance with the approved plans outlined in
                                                                     Condition 27.
 b) The setback to the second storey of unit 2 to the south
 eastern side boundary is to be a minimum 3.5 metres                 b) The setback to the second storey of unit 2 to the south eastern
                                                                     side boundary is to be a minimum 3.5 metres
                                                                     27. Development undertaken in accordance with the approval
                                                                     must generally comply with the approved plans of development.
                                                                     The approved plans are listed in the following table and may be
                                                                     amended by these conditions and annotations on the plans.

                                                                      Plan No.    Rev.   Plan Name – Prepared By            Date
                                                                      Do1                Proposed Ground Floor –            March 5
                                                                                         Anchor & Belle                     2020
                                                                      D02                Proposed First Floor Plan –        May 18
                                                                                         Anchor & Belle                     2020
                                                                      D03                Proposed Second Floor Plan –       May 18
                                                                                         Anchor & Belle                     2020
                                                                      D04                Proposed North West Elevation      May 18
                                                                                         – Anchor & Belle                   2020
                                                                      D05                Proposed      South      West      May 18
                                                                                         Elevation – Anchor & Belle         2020
                                                                      D06                Proposed South East Elevation      May 18
                                                                                         – Anchor & Belle                   2020
                                                                      D06                Proposed North East Elevation      May 18
                                                                                         – Anchor & Belle                   2020

 30. Existing trees on the site and within road reserves must        30. Existing trees on the site and within road reserves must be
 be retained, except where required to be removed to                 retained, except where required to be removed to accommodate
 accommodate the approved renovations. In this regard, the           the approved renovations. In this regard, the trees along the rear
 trees along the rear boundary adjacent to the proposed              boundary adjacent to the proposed entertainment building and
 entertainment building and the palm tree to the front of the        the palm tree to the front of the entertainment building must be
 entertainment building must be retained.                            retained.
 32. Screening vegetation must be planted along the rear and         32. Screening vegetation must be planted along the rear and side
 side boundaries adjacent to the entertainment building in           boundaries adjacent to the entertainment buildings in
 accordance with The Noosa Plan’s Planning Scheme Policy             accordance with The Noosa Plan’s Planning Scheme Policy
 PSP3 Landscaping Plants and Guidelines. The planted                 PSP3 Landscaping Plants and Guidelines. The planted
 vegetation must have a minimum pot size of 200mm and                vegetation must have a minimum pot size of 200mm and consist
 consist of native, endemic species with a mature height of not      of native, endemic species with a mature height of not less than
 less than 5 metres and a minimum spacing of 1.5m centres.           5 metres and a minimum spacing of 1.5m centres.




                                                                                                                         Page 12 of 13

Page 13

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The assessment benchmarks have been
appropriately considered in preparing this development application and are compliant with the State
Interests.

6.0 Conclusion
This application seeks a minor change to conditions 2 (Setbacks), 27 (Approved Plans), 30 and 32
(Landscaping) of the existing approval TPC2178. The proposed changes comply with the definition
of a minor change under Schedule 2 of the Planning Act 2016 and is not substantially different
development (Schedule 1 of the DA Rules 2017).

The assessment finds the development meets the relevant Specific and Overall Outcomes of the
Noosa Plan, subject to the following grounds of approval:

      •   The high-quality building and landscaping design enhances the coastal character of the area
          which is sympathetic and does not detrimentally impact the locality;

      •   The proposed setbacks are consistent with surrounding development and includes the
          retention and planting of vegetation between buildings; and

      •   The site cover is consistent with multiple dwelling unit developments within the locality and
          provides for an improved building form set within a landscaped setting.

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




                                                                                           Page 13 of 13

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