20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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incorporating a balustrade. Accordingly, these outdoor lobby areas do not constitute GFA in accordance with the Noosa
Plan definition, which only applies to areas enclosed by walls.

In light of the above, the plot ratio for the development has been calculated in accordance with the Noosa Plan 2020 plot
ratio definition. The resultant plot ratio is 0.8/1.0 and complies with PO12 of the Tourist accommodation zone code.



ISSUE 7 – SETBACKS
Acceptable Outcome PO13.1 of the Tourist Accommodation Zone Code requires setbacks for the Duke Street the third
storey to be setback a minimum of 6m from the front boundary, 1m from the side boundaries and 10m from the rear
boundary. The proposal does not comply with these setback requirements for Level 2 & Level 3 (noting the above item
regarding the four storey component not being supported). It is noted that the pools and planters built to the side
boundary on Level 3 is not supported. The proposed setbacks on the upper levels are not consistent with the predominant
character in the area and does not maintain the visual continuity and pattern of buildings within Duke and Douglas Streets
and is not supported.

Information Required
7. Provide amended plans complying with setback requirements for the third storey.

Response
This item is requesting compliance with the relevant acceptable outcome AO13. As discussed in the original lodgement
material the proposed development is seeking a performance based solution regarding the upper level rear setbacks. As
discussed in our response to Issue 4, the Noosa Plan 2020 is a performance based planning scheme, and as such, an
alternative solution is permissible where compliance with the relevant performance outcome PO13 (refer to extract
below) can be suitably demonstrated.

It is acknowledged that the development involves a minor intrusion into to the preferred side setback above level 2 to
accommodate a 1.1m glass pool fence, pool side screening wall and landscape planter box to the edge of the building.
Importantly all structural elements (or outer most projection points) above the glass fence on the 3rd storey and above
include compliant 1m side setbacks. A larger 2m setback is provided to the eastern boundary to offset the reduced
setback to the western boundary. The extent of the side setbacks and minor encroachment is illustrated in Figure 2
below. The glass fence and internal landscape treatments provide an important contribution to the visual aesthetic to
the building. The pool is below the 3rd storey floor level and therefore does not impact the side boundary requirements
(i.e. outer most projection) above the 3rd storey, except for the pool’s side screen wall.




JFP Ref: M3024P                                                                                               Page 10