Council Report 51983.3225.14

51983.3225.14 – other change to a development approval for multiple dwelling units x 25 & 8 shops at, 30 Hastings st noosa heads

Document information

Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM / Applications / 51983.3225.14

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Carasville Pty Ltd C/ Martoo Consulting
Proposal	Other change to Town Planning Consent 1632 – Units, shops and restaurant
Properly Made Date	15 December 2020
Information Request Date	22 April 2021
Information Response Date	12 May 2021
Decision Due Date	13 September 2021
Number of Submissions	16

PROPERTY DETAILS
Property Address	The Hastings 30/30 Hastings St Noosa Heads Qld 4567
RP Description	Lot 30 SP 307674 Lots 7 & 11 on GTP1154 (construction access and storage)
Land Area	227.89m2
Existing Use of Land	2 x dwellings

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Hastings Street Mixed Use Precinct
Local Plan Area	Noosa Heads
Overlays	Land subject to acid sulfate soils Flood hazard overlay
Assessment Type	Other Change to Approval
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an Other Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple dwelling and 8 shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa Heads and:
A.	Approve the application.
B. 	Change condition 1 to read as follows:
PLANNING
When Conditions must be Complied With
1. 	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.
Plan No.	Rev.	Plan, prepared by	Date
No.1		Perspectives & Notes, prepared by Accolade Building Designs	22/07/2014
No.3		Ground Floor & 1st Level, prepared by Accolade Building Designs	22/07/2014
No.4		Elevations, prepared by Accolade Building Designs	22/07/2014
Approved Plans - October 2015
DA 3001	A	Site Plan, prepared by Peter Hull Architect	Sept 15
DA 3002	B	Floor Plans, prepared by Peter Hull Architect	Sept 15
DA 3004	A	Ground Floor and Carport Plan, prepared by Peter Hull Architect	Sept 15
DA 4001	B	Sections, prepared by Peter Hull Architect	Sept 15
DA 5001	B	Elevations, prepared by Peter Hull Architect	Sept 15
Approved Plans – March 2016
		GRND FLR – Proposed (Unit 14), prepared by LPID	14/10/2015
		Elevation (Unit 14) – East Facing (Street Frontage), prepared by LPID	14/10/2015
		Elevation – North Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – South Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – West Facing (Unit 14), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 14), prepared by LPID	14/10/2015
		GRND FLR – Proposed (Unit 25), prepared by LPID	14/10/2015
		Elevation (Unit 25) – South View, prepared by LPID	14/10/2015
		Elevation – East (Unit 25), prepared by LPID	14/10/2015
		Elevation – West (Unit 25), prepared by LPID	14/10/2015
		Elevation – North (Unit 25), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 25), prepared by LPID	14/10/2015
Approved plans – May 2016
Plan No.	Rev.	Plan, prepared by	Date
DA.01	B	Location Plan prepared by Bark Design Architects	26/02/2016
DA.02	C	Site Plan prepared by Bark Design Architects	23/02/2016
DA.04	C	Ground Floor Plan prepared by Bark Design Architects	23/02/2016
DA.05	C	First Floor Plan prepared by Bark Design Architects	23/02/2016
DA.06	C	Second Floor Plan prepared by Bark Design Architects	23/02/2016
DA.07	C	Roof Terrace Plan prepared by Bark Design Architects	23/02/2016
DA.11	B	South Elevation prepared by Bark Design Architects	26/02/2016
DA.12	B	East Elevation prepared by Bark Design Architects	26/02/2016
DA.13	B	North Elevation prepared by Bark Design Architects	26/02/2016
DA.14	B	West Elevation prepared by Bark Design Architects	26/02/2016
Approved plans – March 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – April 2017 Unit 13
Plan, prepared by	Date
Site plan, prepared by Mandy’s Design and Drafting	March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting	March 2017
Elevations, prepared by Mandy’s Design and Drafting	March 2017
Approved plans – August 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – August 2017 Unit 5
Sheet 1 of 4 Issue A	Site Plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 2 of 4 Issue A	Existing Floor Plans, prepared by Mandy’s Design and Drafting	July 2017
Sheet 3 of 4 Issue A	Proposed floor plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 4 of 4 Issue A	Elevations, prepared by Mandy’s Design and Drafting	July 2017
Approved Plans – April 2018 Unit 21
Sheet 1 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 2 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 3 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (floor plans), prepared by Accolade Building Designs	26/04/2018
Sheet 4 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (elevations), prepared by Accolade Building Designs	26/04/2018
Approved Plans – 19 November 2020 Unit 17
Sheet 01, Issue D	Site Location, Site Plan & Floor Plans, prepared by Innovate Architects	October 2020
Sheet 02, Issue D	Elevations, Section & External Finishes Schedule, prepared by Innovate Architects	October 2020
Sheet 07 Issue C	Perspectives, prepared by Innovate Architects	October 2020
Approved Plans – March 2020 Unit 19
A01	Site Location, Site Plan & Calculations, prepared by Lisa Page	22 January 2021
A02	Ground Floor Plan – with proposed alterations, prepared by Lisa Page	22 January 2021
A03	Level 1 Floor Plan, prepared by Lisa Page	22 January 2021
A04	Level 2 Floor Plan, prepared by Lisa Page	22 January 2021
A05	Level 3/Terrace, prepared by Lisa Page	22 January 2021
A06	Elevations Views: North & South facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A07	Elevations Views: East & West facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A08	Perspective view, Terrace level, prepared by Lisa Page	22 January 2021
A09	Perspective views: south, west, north facing, prepared by Lisa Page	22 January 2021
A10	Perspective views: south/east/north views, prepared by Lisa Page	22 January 2021
A11	Section view-east facing, prepared by Lisa Page	22 January 2021
A12	External Material Finishes Palette by Lisa Page	22 January 2021
-	Landscape Concept Design document including site plan and perspective, cross sections, look and feel and design, prepared by Louise Custance	-
Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
SD.102 Iss P2	Proposed Holyman Unit 3D perspectives, prepared by Gerard Smith Design	N/D
SD.104 Iss P10	Site / Roof Plan, prepared by Gerard Smith Design	Aug 2018
SD.201 Iss P9	Floor Plans, prepared by Gerard Smith Design	Aug 2018
SD.501 Iss P9	Elevations proposed, prepared by Gerard Smith Design	Aug 2018
SD.601 Iss P2	Cross Sections – Sheet 2, prepared by Gerard Smith Design	Aug 2018
SD.951 Iss P9	Overviewing Diagrams – Level 1, prepared by Gerard Smith Design	Aug 2018
SD.952 Iss P9	Overviewing Diagrams – Level 2, prepared by Gerard Smith Design	Aug 2018

C. Include the following additional conditions 37 - 44 to read as follows:
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction and access) – 21 October 2021
Performance Bond - Planning
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, specifically for Lot 30, 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.
Performance Bond – Demolition
Security to the value of $10,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the development approval for building works (demolition). The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
Landscaping
The development site must be landscaped generally in accordance with the approved plans and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
A minimum of a 1m wide garden with dense landscaping must be provided to the north, south and western boundaries within Lot 30.
The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the following locations:
south east corner; and
half way along the southern boundary; and
to the west of the visitor car space where the lot dog legs.
The plantings must grow to an average minimum height of 10m and be suitable native species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
Landscape works must be completed prior to the commencement of the use of Lot 30.
The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared by Max Watterson & Associates may be removed within the lot as part of preparing the site for construction.
Any vegetation to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained 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; and
using low impact construction techniques around vegetation.
Privacy
42.	The level 1 and level 2 operable timber privacy screens when fully extended must not cover more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum height of 1.7m above the FFL.
43. 	The balcony located on Level 2 and the roof top terrace must include balustrading (set back as shown on the approved plans), and fixed external screens (where appropriate), positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining units.
Building Appearance
44.	The building must be constructed to be generally in accordance with the material and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard Smith Design.
D. 	Amend existing Condition 25 to read:
Demolition
Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services prior to the issue of the Development Approval for Building Works – demolition of Unit 17 & 19. The security must be in the form of a cash bond or bank guarantee, for security against satisfactory completion of works.
E.	Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12 & 13 to read ‘Privacy - Unit 17’
F.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal seeks to demolish 2 x 3 storey dwellings and construct 1 larger 4 storey, 3 bedroom dwelling. The new dwelling unit is to be located with a lot which previously was amalgamated from 2 lots.
The ground floor consists of a single garage, rumpus room, bedroom, bathroom, laundry and an uncovered visitor parking space.
The second floor consists of 2 ensuite bedrooms and a hallway office desk.
The 3rd includes living and kitchen space with an alfresco area covered by a vergola.
The fourth floor is an outdoor space open on 2 sides and includes a hot tub and a feature tree below an opening in the roof.
External building materials consists of rendered masonry, timber battening, glazing, operable timber screens for privacy and a colorbond metal roof.
The proposal also includes the use of Lots 7 & 11 on GTP1154 for construction access and storage in the construction of the new dwelling unit.
It is noted all lots subject to this application are under the same ownership.
Figures 1 – 6 below show a locality plan, floor plans, elevations and 3D perspective of the proposal looking from the internal driveway.

Figure 1 – Locality plan. Whole site shown with a green perimeter and the subject site shown with a red perimeter within the larger site.

Figure 2 – Site Plan for new unit

Figure 3 – Site Plan for Lot 7 & 11 for access and storage

Figure 4 – Floor Plan. Ground floor bottom left and 4th floor bottom right

Figure 5 – Elevation from the internal driveway

Figure 6 – South elevation on approach from the driveway entry.

Figure 7 - North elevation

Figure 8 – Internal road presentation
site details
Background
The existing development was originally approved by Council in October 1983 (TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently approved on the site in December 2000 (18478DA). The units are used for short term accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into an office was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area of the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the carport of unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the carports of units 14 and 25 (an additional 14m2 per unit).
On 12 May 2016, Council approved a change to an existing approval for the redevelopment of Unit 15 of that sought to the replace the existing dwelling unit on site with a new dwelling unit with an increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 20.5m2. This change did not approve a space capable of being a bedroom as this was not applied for.  The plans annotated to remove a wall.
On 5 April 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout) level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the car port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose under the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an additional 18m2 of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension to Unit 17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include an additional storey
On 30 June 2020, Council approved a change to the existing approval for an extension to Unit 19. The approval consisted of an additional increase in floor area by 68.4m² to a total GFA for the unit of 151m². The approval also permitted the development to change from a 3 storey to a 4 storey building.
Site Description
The lot is level and consists of an existing mixed use development with the retail uses fronting Hasting Street and 25 residential detached units to the rear of the site accessed from the Noosa Parade Service Road.
Surrounding Land Uses
To the west of the site is Bay Village, in particular the carpark is directly opposite the subject proposal. To the east is the essential component of Laguna on Hastings. The proposal does not have any interaction with other development of Hastings Street.
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;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.

South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
The application is for an ‘Other’ change. The proposal is not a minor change as it is considered to be a substantially different development for the following reasons:
It dramatically changes the appearance of the building;
Alters the bulk and scale of the building;
Changes what was 2 dwellings into 1 larger dwelling.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
The applicant was requested by Officers to agree to extend the decision making period until 21 October 2021 to allow the report to be considered by Council, but the applicant declined this request. Therefore, this application should have been decided by the original decision date of 13 September 2021. Accordingly, the date Council decides this application will be outside the timeframes sought under the Planning Act 2016.  As the application is impact assessable the ‘deemed approval’ provisions do not relate to this application and there is no risk to Council in deciding this application after the decision due date.
Locality Provisions
The subject site is in the Noosa Heads Local Plan area and is zoned Tourist accommodation. The site is within the Hastings Street Mixed Use Precinct and the use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Existing development Site Area (4931m²)	Proposal Includes additional parameters	Complies
Building height storeys metres	4 storeys max 15 metres	4 storeys ~<15 metres	4 storeys 14 metres	
Site cover	45% max (2219.85m²)	35.83%	36.51% (Additional 33.6m²) (0.68% additional)	
Plot ratio / Gross floor area	5680m² max	3329.14m²	3373 m² (Additional 44m²)	
Length of wall	15 metres max		14 metres	
Carparking	2 covered min	2 covered	1 covered & 1 uncovered	X
Ratio units: non-residential	20:1	12.5:1	12:1	X
As shown in the table above the proposal generally complies with the key development parameters such as Site Cover, Plot ratio, building height in storeys and metres. However, the proposal does raise some consideration regarding bulk and scale of the building and separation between buildings, given that the proposal is for 1 larger dwelling rather than 2 smaller dwellings. In addition, privacy of the surrounding dwellings within the resort is to be considered and is discussed below.
Bulk and Scale, Gross Floor Area, Site cover, Privacy and Shading
There is some concern that the larger dwelling will not be in character with the balance of the resort where dwellings with smaller footprints exist. Notwithstanding this, there is no Acceptable Outcome or Performance Outcome which directly relate to this situation where individual dwellings are being replaced overtime within a resort. However, the following provisions of the Noosa Heads Local Plan Code are relevant to this assessment.
AO7.1
Development takes the form of small separate buildings rather than large single bulky buildings, stepping down slopes where applicable and not visually dominating the street, beachfront, riverfront, adjacent properties, surrounding spaces or the existing skyline.
AO7.2
Buildings and structures have a scale and building height consistent with development on adjoining and surrounding land.
AO7.3
Buildings and structures preserve the amenity of adjoining land including sunlight to neighbouring properties.
AO7.5
Buildings and structures:
(a) 	incorporate articulated roof forms which are visible from the street;
(b) 	incorporate a mix of lightweight and textured external building materials or materials that reflect the natural environment such as timber and rock face;
(c)	provide variation through articulation, texture and detailing;
(d)	incorporate verandahs, open balconies or shaded patios for outdoor living, with open, transparent or semi-open balustrades;
(e) 	use understated colour schemes and low-reflective roofing and cladding materials.
The applicant has provided the following plan (Figure 9) comparing the site cover of the proposal within the context of the site. It is noted that the existing balcony of Unit 10 encroaches over the existing common driveway.

Figure 9 – Existing building site cover on the left and the proposed site cover on the right.
The existing and proposed footprint is represented by the diagram in Figure 10 below. The first image in the Figure shows the footprint in red compared to the existing footprint, noting that the existing footprint has been shown side by side whereas in reality they are offset. The purpose is to show the combined footprint is generally similar to that proposed. The second image in the Figure shows the proposed with the existing footprint shown as a dotted orange line.

Figure 10 – The proposal overlayed with the existing unit footprint.
While it is considered the footprint and gross floor area of the proposal is generally commensurate with and consistent with the area of 2 combined units, the size of the proposal requires further assessment as it is greater than the other units.
In support of the design, the front elevation (from the internal road) is narrow and generally consistent with other units in the complex, with a wider portion of the design setback to approximately where the existing units stands, which provides a stepping of the building like the existing character in the complex. In additional this wider portion is an alfresco area which is not bulky in design.
On the other hand, the southern elevation is longer than the unrenovated units and would be a larger scale to the balance of the complex. The design offsets the longer elevation by incorporating an articulated facade, feature timber cladding, glazing and an interesting roof form which appears to ‘float’ above the building. In addition, a minimum of 1.2m of soft landscaping is proposed along this boundary which will soften the proposal. It should be noted that buildings in the complex are slowly being renovated and are limited in scale mostly because of the small and odd shaped group title lots. As a comparison, Figure 11 below shows a new unit on Lot 15 alongside a 3D perspective of the proposal.

Figure 11 – proposal on the left and a new unit on lot 15 on the right within the complex
While the building is slightly larger than other units within the complex, it is small scale, with the largest gross floor area of any one of the 4 storeys being 86m² and a site cover of 124m².
The planning scheme allows 4 storeys and 15m in building height for this site. The existing units have been designed at 3 storeys and around 12m to the pitch of the rounded roof. The newly renovated units throughout the complex will generally present larger than the existing smaller scale buildings, as the existing units have not been constructed to meet the full planning scheme allowance for building height. Overtime, it is likely the full development potential of each site (4 storeys and 15m) will be realised, and the existing units replaced with higher and more modern designs.
The 4th storey of the proposal is an open alfresco area with a ‘floating’ roof and is less than 15m in height complying with the planning provisions for the site. Adequate separation is provided between buildings with between 2m and 7.2m proposed between the 3 adjoining lots.
Access to sunlight
The applicant has provided sun shading MP4 diagrams which show that when including existing vegetation and units, there is no worsening of shading of neighbouring properties. Some shading will still occur, but this is unavoidable in a multiple dwelling format as exists.

Privacy
Figure 12 below shows the context of the existing development built form looking from inside the complex back towards Noosa Parade. The image shows that the western side of the driveway units have their living spaces and balconies facing the driveway, while the eastern side units have their ‘backs’ to them to maintain privacy. The proposal maintains, improves and is consistent with this character and design element, although the balconies in the image overhang the driveway while the proposal is setback within the group title lot boundary.

Figure 12 – Context of existing privacy and overlooking. Eastern side of the driveway on the left and the western side on the right of the image.

The units that would be directly affected by the proposal in terms of privacy are:
Lot 8 (to the north) see Figure 13;
Lot 12 (to the south) see Figure 14;
Lot 20 directly opposite across the internal driveway, see Figure 15; and
Lot 21 directly opposite across the internal driveway, see Figure 15.
Lot 8 – the proposal provides screening devices and the balustrading is setback from the edge of the building line so the existing overlooking is significantly reduced. Figure 13 below shows the existing situation.

Figure 13 – Lot 8 privacy analysis, existing overlooking
Figure 14 below shows the adjoining overlooking of Lot 12 to the south of the subject site.

Figure 14 – currently already overlooks these windows and balcony

Figure 15 - Lots 20 and 21 have 4 small windows and are typical of other units on the eastern side of the internal driveway.
As seen in the above figures, the proposal will not create additional overlooking opportunities, in fact the design will improve privacy for the surrounding properties.
Carparking
The code seeks 2 covered spaces are provided. The proposal is providing 1 covered space and one uncovered visitor space. Two spaces are considered sufficient for the intended use and raises no concern.
Ratio of shops to residential
The Tourist Accommodation Zone Code Acceptable Outcome AO6.1 outlines that a ratio of at least 20 accommodation units to one non-residential tenancy (20:1) is provided. The existing development does not meet these provisions and therefore the corresponding Performance Outcome PO6 is applicable and is provided below for reference.
Hastings Street Mixed Use Precinct
PO6
For Hastings Street Mixed Use Precinct uses above the ground floor are predominantly of a residential nature to accommodate visitors.
The Code seek that Hastings Street Precinct remains predominately residential in nature. The development currently provides a ratio 3.125 accommodation units to 1 non-residential tenancy (3.125:1 or 25 residential to 8 non residential tenancies) and does not comply with Acceptable Outcome AO6.1, however complied with the planning scheme at the time of the original approval.
The proposal slightly reduces the ratio to 3 accommodation units to 1 non-residential use (3:1 or 24 residential to 8 non-residential), a slight reduction of 0.125 accommodation units. It is considered the complex with 24 accommodation units to 8 non-residential tenancy is still predominately residential in nature and complies with PO6.
Generally
Given there has been numerous changes to the original approval, it is proposed for clarity in the compiled decision notice to include in the existing ‘Privacy’ heading above existing Conditions 12 & 13 the words ‘Unit 17’.  The heading will now read ‘Privacy – Unit 17’.  Further, it is also proposed to amend Condition 25 which is a demolition condition relating to a previous minor change approvals relating to the rebuilding of Units 17 & 19 in order to ensure the full suite of conditions clearer.
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Building and Plumbing department – Building certifier
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. Sixteen properly made submissions were received. Noting that the incorrect application number was initially advertised on the development public notification signage, the application was readvertised for another 15 days. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Overlooking concerns Does not comply with PO9, PO13, PO20 Level 3 grants visual access the private open space of neighbouring properties	The applicant has demonstrated that the proposal does not create additional overlooking opportunities nor impacts negatively on privacy of neighbouring units. The design includes screening devices strategically placed to avoid any additional overlooking. A full assessment is included in section 3.3 of this report.
Significant loss of amenity	The building design does not create additional negative impacts on amenity.
Significant change to the built form and establishes a precedent and changes the nature of the community complex. Presentation of a monolithic structure to the driveway.	The footprint is slightly larger than surrounding units and is a modern design. The presentation width to the driveway is not unlike that exists.
Additional shading and reduction access to sunlight	The applicant has provided MP4 sun studies for the winter solstice which demonstrate that when including the existing vegetation there is no worsening to shading or access to sunlight.
The proposal is within a 1984 Gabriele Pool designed complex. Subsequent development by multiple owners within the complex over several years, has demonstrated that modern, sympathetic and creative design within the existing floor plate and in keeping with the principles of privacy, orientation, shared amenity and green space is possible.  The key benefit of each beach house occupying the same footprint, irrespective of renovation or redesign, has ensured the precious elements of the built environment and greenspace have been maintained and preserved. Whilst Noosa Council may not consider the constructions worthy of heritage value, their unique position and design of the complex undoubtedly contributes to the vibrancy of Hastings Street.  It is my firm view that the original Hastings beach house designs have helped establish Noosa as a resort destination that celebrates, promotes and protects nature and this amenity and these unique aspects should be preserved.	Noted.
Incompatible scale with the surrounding development	The footprint is generally commensurate with the size of 2 combined units. While the proposal maybe larger than most of the other units the overall building footprint is still considered small scale. The southern elevation is longer than most of the other units but not all the elevation will be seen from the driveway. Furthermore, a condition is recommended to provided screening vegetation for the full length of this boundary.
Reduces green space	The proposed footprint is only slightly larger than combined 2 units and therefore a similar open space. Gardens and trees are proposed to the perimeter of the lot to maintain the green space. Noting that some of the existing vegetation is not suitable for the urban environment (ficus species) and causes adverse impacts on the built form and services.
Noise emanating from level 3 BBQ and outdoor living area.	It is unlikely that additional noise will occur from the proposal.
conclusion & REASONS FOR DECISION
The proposal sits over 2 amalgamated lots within the resort complex. The gross floor area and site cover of the development are increasing and proposes a slightly larger footprint to the other units.  However, the front elevation is narrow and proportionate with the driveway presentation of other units in the complex and a mix of external building material and new landscaping are used to offset the longer southern elevation. Overall, the proposal offers a well-designed building which does not create any additional privacy issues or create additional shading of surrounding properties. The 4th storey has a ‘floating’ type roof and the open style design does not present bulky. The application is considered to meet the relevant provisions of the planning scheme and recommended to be supported subject to the conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 OCTOBER 2021

[Attachment: image10.png (image text)]
 

 

 

EXISTING VILLA
45.60 mn (site cover)

 

 

 

 

 

 

227.89 m? (site area)

 

 

EXISTING VILLA
45,60 mm? (site cover)

 

 

 

 

 

 

 

 

 

27.89 n? (site area)

 

 

124.81 m* (site cover)

 

 

 


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PHOTO RENDERING OF PROPOSED NEW VILLA- THE HASTINGS LOT 9-10 ‘COMPARISON PHOTO OF PREVIOUSLY APPROVED VILLA- THE HASTINGS LOT 15


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Subject site

 


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Lot 12 - to the south of the
| | =
: \

[Attachment: image16.png (image text)]
Lot 21
ite th
ject sit
|

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Se

ie AZ

 

 

 

 

 

 

 

 


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;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

@
ORY.
Aon
_ ae
i. fs
ao : 4 Leese fe Z ay
S ged kt ea

Level 3 Floor Plan.

 

 

 

 

 

4

 

 

 

 

 

 

 

 

 

 

TET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Br

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7
Level 1 Floor Plan.


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isk vl

 

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coca

 

 

 

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frau trbe|
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fendretnasory]
isk vali

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ia fama]

reir]
[dle

 

 

 

 

 

 

 

 

 

 

 

DRIVEWAY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image8.png (image text)]
 

   
 

[colorbond metal
roofing

   
  

rendered masonry
block walls

    
 
  

frameless glass
balustrade

i

iwhite concrete|

  
  

    

as

 
    
 

loperable timber screen

   
  

   

+

iwhite concrete|

 

44900

x

     

   

operable timber screen
=

 
 

See yTOW 6:34 -6.72

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