Delegated Report - Code - Planning MCU18 0013 · MCU18/0013

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0013
Applicant	Lunar Investments Pty Ltd
Proposal	Material Change of Use - Detached House
Properly Made Date	25 January 2018
Information Request Date	14 February 2018
Information Response Date	10 April 2018
Decision Due Date	28 May 2018 – extended 4 June 2018
Report Completed Date	30 May 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	24 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 794 RP 48111
Land Area	636 m²
Existing Use of Land	Vacant land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity Overlay – Environmental Protection Area Natural Hazard Overlay – Slide Hazard & Acid Sulfate Soils Natural Resource Overlay – Coastal Protection Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The site is located in a Coastal Protection area and thus requires a planning assessment. The dwelling has 3 levels and steps down the slope.  Refer Figure 1 – Subject site and proposal plans are provided below.

Figure 1 – Subject site

Northern Elevation

Southern elevation
site details
Background
Three dwellings have been approved over the years on this site, but the approvals were not acted upon.
Site Description
The site is a rhomboid shaped lot located on the eastern side of Arakoon Crescent.  The site is vacant and slopes steeply (over 30%) away from the Arakoon Crescent.
Surrounding Land Uses
The site is surrounded by other dwellings to the north, south and west.  The ocean adjoins to the east.
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 following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Detached House Code
Engineering Works Codes

The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed use is defined as a consistent use with the zone and is required to follow a code 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	Proposal	Complies
Site cover	40% or 50%/30%	41.1 % level 1 29.5 % ground	
Building height storeys metres	2/3 storeys max 8 metres	2 (small portion 3) storeys 8 metres NGL 9.5-10 metres FGL	X
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5-2.0 metres, plus .5 for every 3 metres or part thereof 1.5-2.0 metres, plus .5 for every 3 metres or part thereof 6 metres min	0-.7metres to garage door Southern – ground 2 metres, first floor 2 metres, second floor 1.55 metres. Northern – ground floor 1.5 metres, first floor 1.5 metres, second floor 2 metres to terrace garden and 4.5 metres to the remainder the dwelling. >12-15 metres	X X partly
Length of wall	15 metres max	14.8 metres	
Carparking	2 min	3 covered	

Setbacks
Front setback
Probable Solution S1.1 of the Building Works Code seeks a minimum front boundary setback of 6.0m. The minimum setback is sought to ensure development does not present an appearance of excessive bulk on the streetscape while remaining consistent with the existing pattern of development in the street.
The application seeks approval for a double garage built to the front boundary, although the door is setback just over half a metre. The zero setback is proposed to overcome the slope constraint of the site and enable pedestrian access, a workable driveway and garage at an appropriate finished floor level. The proposal is consistent with existing developments in Arakoon Crescent. Refer to Figures 2, 3 & 4 - streetviews.

Figure 2 - Proposed street elevation

Figure 3 - Street view – looking north

Figure 4 - Street view - looking south

Side setbacks
The non-compliance with the side boundary setbacks relates to the southern boundary and the top (second floor) where the garage is located 1.55 metres of the southern boundary, with the remainder of the second floor 2.05 metres setback. It is important to note that the southern boundary of the site is bounded by a 3.5 metre wide public walkway, which creates a substantial setback to the property to the south of this site. The proposed side setbacks are considered to meet to Acceptable outcomes 1 of the Detached House Code.
Height and storeys
Probable Solution S11.1 of the Building Works Code seeks a maximum building height of 8.0m for detached dwellings in a Detached House Zone. The building maximum height is relative to both the natural ground level and finished ground level and seeks to ensure building and structures are low rise and present a height consistent with structures on adjoining and surrounding land. The maximum building height is also sought to ensure development does not visually dominate the street and preserves the amenity of surrounding land including privacy, views and access to sun light.
There is a very small encroachment where the dwelling is 3 storeys as shown in Figure 5 - 3 storey component. This is an area of less than half a square metre. There are no issues associated with this.
Figure 5 – 3 storey component
As a result of the sloping site, a portion of the building in the middle of the site has a maximum 9.5-10 metres relative to finished ground level.  The area of encroachment beyond the 8.0m building height is shown below in blue in Figure 6 – Height encroachments.  The remainder of the dwelling is maximum of 8 metres from finished ground level.  The proposed dwelling in its entirety complies with the 8 metre height limit relative to natural ground level.

Figure 6 - Height encroachments
A letter of support for the proposal has been provided from the landowners at 26 Arakoon Crescent who adjoin to the north. This dwelling is constructed to 8 metres with terrace balustrading to 9 metres for the roof top terrace. The highest part of the roof line visible from the street is 8 metres from finished ground level.
With respect to the owners of the southern property, the public laneway provides an additional 3.5 metres from this property boundary. Additionally, the dwelling to the south has a setback of between 1.5-2.5 metres from the side boundary, effectively providing 6.5-7 metres between buildings.
The applicant was asked to provide a shadow study diagrams with respect to the adjoining neighbours. These diagrams showed there will be no adverse effects, particularly during winter.
On this basis, the proposed building height and setbacks raises no concern and is recommended for approval on the following grounds:
The site is significantly constrained as a result of the natural steep slope from the front to the rear boundary;
A letter of support has been provided by the landowners at 26 Arakoon Crescent consenting to the proposed development;
There is a considerable setback between the subject dwelling and the existing dwelling to the south which will reduce bulk and assist in the preservation of views to the north;
The proposed building height will not detract on the amenity of this lot nor result in an appearance of excessive bulk. Exceedance in the height limit applies to the middle of the building and does not impact from street level in terms of bulk;
The proposed dwelling will not impact on the view lines of adjoining properties or those on the opposite side of Arakoon Crescent who are located on the higher side of the road.
Coastal Protection
The proposed development is setback 15 metres from the rear property boundary, with the exception of a cantilevered deck which is setback 12 metres.  The 15 metres setback from the rear boundary is also identified as the Coastal Building line. The Coastal Protection overlay allows for a cantilevered deck only to encroach on this space. This is consistent with the solutions of the Overlay Code. Conditions are recommended for appropriate landscaping to be provided within the setback, appropriate fencing to the rear and for the development to be finished in suitable colours which will blend in with the natural environment.

cONSULTATION
Referral Agencies
The applicant was not referred to any Referral Agencies:
Other Referrals
The application was forwarded to the following internal Council officers:
Co-ordinator, Engineering

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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU18/0013 for a Material Change of Use - Detached House situated at 24 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 794 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0013
Street address:	24 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 794 RP 48111
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
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.	Rev.	Plan/Document Name	Date
100.01	C	Site Plan and Aerials, drawn by SLA Pty Ltd	29 November 2017
200.01	C	Floor Plans (second floor), drawn by SLA Pty Ltd	19 March 2018
200.02	C	Floor Plans (first floor), drawn by SLA Pty Ltd	19 March 2018
200.03	B	Floor Plans (ground floor), drawn by SLA Pty Ltd	29 November 2017
210.01	D	Proposed Roof Plan, drawn by SLA Pty Ltd	19 March 2018
300.01	D	Elevations (southern), drawn by SLA Pty Ltd	19 March 2018
300.02	C	Elevations (northern), drawn by SLA Pty Ltd	19 March 2018
300.03	B	Elevations (western), drawn by SLA Pty Ltd	15 January 2018
300.04	C	Elevations (eastern), drawn by SLA Pty Ltd	19 March 2018
400.01	C	Section A, drawn by SLA Pty Ltd	19 March 2018
400.02	B	Section B, drawn by SLA Pty Ltd	15 January 2018

Site Access and Driveways
A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover in generally accordance with Council’s Standard Drawings RS-049 and RS-050.
Landscaping
A minimum of 20 x tubestock native coastal species (trees or shrubs) must be planted, established and maintained for the life of the development between the house and the eastern property boundary to improve dune stability in that area
Existing trees on the site, and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling.
Existing trees within the public laneway on the southern boundary must be retained.
Trees 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
using low impact construction techniques around vegetation.
Building Height
The proposed dwelling must not exceed 8 metres from natural ground level. Part of the dwelling is allowed to a maximum of 10 metres from finished ground level, but only as indicated on the approved plans.
Built form
The cantilevered deck is limited to a maximum width of 3 metres seaward of the Coastal Building Line.  No ancillary building works including swimming pools, retaining walls and landscaped terraces are to be established seaward of the Coastal Building Line.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Gates must not be installed along the eastern property boundary to gain direct access to the beachfront.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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
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 carried out generally in accordance with drawing number S18/003 P prepared by Westera Partners dated February 2018 and The Stormwater Management Report reference Job No S18-003 prepared by Westera Partners dated 3 April 2018.
The stormwater management system must be maintained by the property owner in accordance with The Stormwater Management Report reference Job No S18-003 prepared by Westera Partners dated 3 April 2018.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
The development must be constructed in accordance with the recommendations of the Slope and Stability Assessment and Geotechnical Report Project number 1-20119 prepared by Soil Surveys dated March 2018.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with conditions of this permit and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
Earthworks and retaining works carried out on site must not affect the structural integrity of any of the buildings and/or lands and/or structures that border the development site.  Fences that are affected shall be replaced prior to the Building Certifier issuing the Certificate of Classification.
All fill, associated batters and retaining structures (both above ground and below ground) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Construction Management Plan
A Construction Management Plan must be submitted to and approved by Council prior to the issue of the Building Permit. The plan must include but not be limited to the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
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.
referral agencies
Not applicable.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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 year’s experience in the field of geotechnical engineering or engineering geology.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access driveway
Development Permit for Building Works	Private Certification
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

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