DA Report Neg Decision MCU17/0046

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	
	
Author:	Lisa Pienaar -
	
Project Director:	Lisa Pienaar - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	MCU17/0046 & OPW17/0160
Applicant:	LB Simmons, TGV Pty Ltd TTE
Representations Received Date:	18 September 2017
Original Approval Type:	Development Permit for Material Change of Use of Premises - Multiple Housing Type 2 – Duplex Development Permit for Operational Work - Stormwater, Drainage Works, Earthworks, Carparking, Access and Landscaping
Number of Submissions for Original Application:	Not applicable
PROPERTY DETAILS
Property Address:	38 Park Cres SUNSHINE BEACH  QLD  4567
RP Description:	Lot 598 RP 48112
Land Area:	532 Square Metres
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Eastern Beaches Locality Attached Housing
Planning Precinct / Zone:	
Assessment Type:	Code

BACKGROUND:

An application for a Material Change of Use for Multiple Housing – Type 2 Duplex and Operational Works (access, driveway, landscaping, stormwater) was approved 30 August 2017. The duplex consists of 2 x 2 bedroom units plus a rumpus room in each unit.  The proposed design is 3 storeys and just under 12 metres in height. Two (2) single garages with a zero front boundary setback ae proposed along the road frontage and 1 visitor car space to the southern site of the garages.
ASSESSMENT:

Applicant’s Representation
The applicant has requested that Condition 6 be deleted as it does not accord with the approved plans as it requires the bin and gas storage area along the southern boundary to be relocated or the screening removed if the structure exceeds 4.5 metres. The proposed bin area is proposed to have a mean height of 3.6 metres and extends 5 metres above natural ground at its highest point. Hence, the wording of Condition 6 accordingly.  The applicant highlights that in order for the bin enclosure area to be screened adequately from the neighbours on the southern boundary this is necessary.

Condition 6 reads as follows:
6. The maximum height of the visitor car parking area located to the southern boundary must not exceed a total of 4.5m above the natural ground level (including the handrails and screening for the bin area) or alternatively be setback 2m.

Assessment of Representation
In response to our concerns with agreeing to the applicants request to deletion Condition 6, the applicant submitted plans showing a redesign of the bin area. The maximum height at any one point is now 4.5 m.  The ground level site plan and south eastern elevation are affected by these changes, plus an additional plan, showing greater detail in this area.  Condition no. 2 will be changed to reflect the new plans and plans endorsed accordingly.

Therefore, given we have amended plans that reflect the intent of the condition, it is not necessary to delete/change Condition 6.

Recommendation
Agree to amend Condition 2 as shown below.

RECOMMENDATION

AGREE IN PART to the representations submitted in relation to Application No. MCU17/0046, situated at 38 Park Cres SUNSHINE BEACH  QLD  4567, and issue a Negotiated Decision Notice in accordance with the following:-

A.	Approve a change to condition 2 to read as follows:-

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
DA02	B	Roof Plan, prepared by NOF Architects	07/06/17
DA03	C	Street & Unit 1 Living Level, prepared by NOF Architects	06/11/17
DA04	B	Unit 1 Bedroom Level, prepared by NOF Architects	07/06/17
DA05	B	Unit 1 & Unit 2 Living Level, prepared by NOF Architects	07/06/17
DA06	B	Unit 2 Bedroom Level, prepared by NOF Architects	07/06/17
DA07	B	Unit 2 Pool Terrace Level, prepared by NOF Architects	07/06/17
DA08	B	North-East Elevation, prepared by NOF Architects	07/06/17
DA09	B	North-West Elevation, prepared by NOF Architects	07/06/17
DA10	C	South-East Elevation, prepared by NOF Architects	06/11/17
DA11	B	South-West Elevation, prepared by NOF Architects	07/06/17
DA12	B	Section A, prepared by NOF Architects	07/06/17
DA18	C	Visitor Carpark Details, prepared by NOF Architects	06/11/2017

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