Delegated Report - Code - Planning MCU22 0080

Author	Nick Cooper Consultant Planner/Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0080
Applicant	Mark Bain Constructions Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	11 May 2022
Information Request Date	10 June 2022
Information Response Date	5 September 2022
Decision Due Date	12 November 2022
Report Completed Date	18 November 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	15 Ross Cres Sunshine Beach Qld 4567
RP Description	Lot 571 RP 48112
Land Area	607m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Coastal Protection and Scenic Amenity Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The proposed dwelling is code assessable as the site is affected by the Coastal Protection and Scenic Amenity Overlay and the proposed scale of the development constitutes a Material Change of Use.

The proposed dwelling includes 6 bathooms, 5 bedrooms, a study, a kitchen and common areas.  Six car parking spaces are provided within the basement.  Despite the larger than average domestic scale, the applicant has advised that the building will function as a dwelling house ie. one household.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site has an area of 607m2 and is relatively flat with a minor slope towards the street.  The site is currently occupied by a dwelling which will be demolished to allow for the proposed new build.
Surrounding Land Uses
The local neighbourhood is largely made up of dwelling houses.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Zone Code;
Low Density Housing Code
Coastal Protection and Scenic Amenity Overlay Code
The subject site is located in Sunshine Beach and is zoned Low Density Residential. The proposed use is identified as a consistent use within 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
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	50/30% max 40%	40 %	
Boundary setbacks Frontage Side (northern) Side (southern) Rear	6 metres min 1.5/2.0metres min 1.5/2.0metres min 1.5/2.0metres min	8m 1.5m to eave (2m to building) 1.5m (eave) 1.5m (section of building) / 0.9m (eave) 4m (building)	X X X
The total width of any parapet wall	does not exceed 50% of the width of the front facade of a building.	No Parapet proposed	
Wall Length	No wall greater than 5 metres in height has a length greater than 20 metres.	Wall length less than 20m	
Soft landscaping Landscaping	20% min	28%	
Carparking	2 covered min	6 covered	
Setbacks
Rear Setback
The encroachment of the building extension into the rear setbacks is considered to comply with PO9 as the building is unlikely to adversely impact on amenity of the users of the site or adjoining premises. The dwelling on the adjacent site is setback 14.5m from the common boundary thereby a separation distance of over 15m is maintained between buildings. The encroachment would not result in any appearance of bulk or visual dominance as it is limited to the unenclosed upper-level deck roof.  The deck is setback 2m and is compliant with the rear setback requirement.  Landscaping is possible between the boundary and the building and therefore a high level of amenity can be maintained.
Side Setback
The proposal setback to the southern boundary includes the building eaves at 1.5m with the building setback a compliant 2m.  The setback intrusion on the northern boundary includes a 5m portion of the building and eave at 1.5m.   Both setbacks (northern and southern) are considered small intrusions within the setback area (ie. 500mm) and therefore are unlikely to have any  determinantal impact on neighbouring properties with respect shadowing or amenity.
Coastal Protection
The Coastal Protection and Scenic Amenity Overlay Code seeks a 5m vegetated setback from the seaward boundary for natural protection against erosion. The site is located more than 100m from the toe of the frontal dune and outside the year 2070 erosion prone area indicated on Council mapping. Given the distance from the dunes, the separation including the houses east of the site, the proposal is not interfering with or located within the frontal dune system.  Therefore the proposed works are considered to comply with the code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Lewis – Comments provided below and conditions recommended.
Carparking and access.
The submitted engineering plans indicate that a number of the basement carparking spaces require a reverse in movement within the basement. As the development is for a single residential dwelling and the manoeuvring will occur within the basement without creating any off-site impacts the proposed carparking layout is considered acceptable.
Stormwater.
The submitted engineering plans indicate that the development is proposed to include:
surface pits and pipes to cater for roof runoff and surface runoff that discharge by gravity to the kerb and channel, and
a sump/pump system under the basement floor to cater for runoff that enters the basement from the downslope of the driveway.
The use of a pump system does not comply with Performance Outcome PO17 of the Low Density Housing Code but as the site is not affected by flooding from any watercourse or the local area, the risks are minor and limited to the development for a single residential dwelling only, the submitted design is considered reasonable.
External works.
No external works are required.
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 MCU22/0080  for a Material Change of Use - Dwelling house situated at 15 Ross Cres Sunshine Beach Qld 4567 and described as Lot 571 RP 48112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0080
Street address:	15 Ross Cres Sunshine Beach Qld 4567
Real property description:	Lot 571 RP 48112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
WD.103	S1	Site Cover Plan, prepared by Kidd & Co Designers	28.06.22
WD.201	S1	Basement Floor Plan, prepared by Kidd & Co Designers	28.06.22
WD.202	S1	Ground Floor Plan, prepared by Kidd & Co Designers	28.06.22
WD.203	S1	Upper Floor Plan, prepared by Kidd & Co Designers	28.06.22
WD.204	S1	Roof Plan, prepared by Kidd & Co Designers	28.06.22
WD.501	S1	Elevations, prepared by Kidd & Co Designers	16.03.22
WD.502	S1	Elevations, prepared by Kidd & Co Designers	16.03.22
WD.601	S1	Sections, prepared by Kidd & Co Designers	16.03.22
WD.602	S1	Sections, prepared by Kidd & Co Designers	16.03.22
WD.603	S1	Sections, prepared by Kidd & Co Designers	16.03.22
040	01	Stormwater Layout Plan, prepared by RECOR	02.09.22
20220072-SWMP01	01	Stormwater Management Plan, prepared by RECOR	September 2022
Currency Period
This development approval lapses if the use has not happened by 18 November 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above ground level in accordance with the approved plans.
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.
Vegetation
Existing vegetation within the front and side setbacks is to be retained where possible. Dense screen planting and feature trees in accordance with Council landscape policy are to be provided in these setback areas.
One Household Only
This approval allows for the use of the building for the purpose of a Dwelling House in accordance with the administrative use definition of the Noosa Plan 2020, and must be for the exclusive use of one household only.
Individual rooms must not be leased by residents who have the right to occupy one or more rooms on the premises; whilst sharing other rooms, facilities, furniture or equipment outside of the resident’s room
As a single household the dwelling is limited to standard domestic household waste services being 1 x 240 litre waste bin collected weekly, a 240 litre recycling bin and a 240 litre garden waste recycling bin (each collected fortnightly on alternative weeks)
The dwelling is limited to 5 bedrooms in accordance with the approved plans.
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.
Protection of Privacy
The upper level balcony located on the must include either balcony planter boxes, balustrading or fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
Site Access and Driveways
A sealed access driveway must be provided from Ross Crescent to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050
Car Parking
All car parking areas and access driveways must be constructed generally in accordance with the approved plans and kept in a tidy and safe condition at all times.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with:
Drawing number 040 – project number 20220072 – revision 01, titled “Stormwater Layout Plan” prepared by RECOR dated 2 September 2022, and
Stormwater Management Plan – document number 20220072-SWMP01 prepared by RECOR dated September 2022
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.
Earthworks and Retaining Walls
All earthworks and associated retaining structures/batters, both above and below ground, both temporary and permanent, 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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
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:
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.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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
Development Permit for Building Works	All building work
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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