20230926_36-38 Duke St_Information_Request_Response (MCU23-0070)

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Response
In relation to building height, no change is proposed, as the proposed development complies with the acceptable
outcome AO9.1 which nominates a preferred building height of 12m. Compliance is clearly articulated in the
architectural plans and height plane projection (included in Attachment A), which illustrates that the building height does
not exceed 12m above natural ground level. As such, the proposal is deemed to comply the relevant corresponding
performance outcome (PO9).

While the performance outcome (PO9) refers to a number of storeys, this is not relevant as the acceptable outcome has
been achieved. This is explicitly detailed in the planning scheme and the relevant zone code (Tourist accommodation
code) which stipulates the following in the introductory section of code:

         Acceptable outcomes are provided for some, but not all, performance outcomes, and identify ways in which
         performance outcomes can be met. Compliance with the performance outcome should be demonstrated and the
         acceptable outcomes are considered as one way to satisfy the corresponding performance outcome.

The Noosa Plan 2020 User guide also reinforces this position by noting that the planning scheme is a performance based
planning scheme and includes the following commentary to this effect:

         The Planning Scheme is a performance-based scheme, which means assessable development is required to
         demonstrate how it can achieve the specified performance outcomes. The performance outcomes are considered
         to be the qualitative outcome that must be achieved whilst the acceptable outcomes are prescriptive, measurable
         criteria for development and represent the preferred way of achieving the performance outcomes. Assessable
         development is deemed to comply with the performance outcome if:
               the acceptable outcomes to the performance outcomes are complied with, or
               sufficient information is provided to demonstrate the criterion has been met through an alternative
                   solution.

Therefore, since the proposal complies with the AO9.1 this is deemed to comply with the corresponding performance
outcome PO9 of the tourist accommodation zone. No further amendments are considered necessary or appropriate.

ISSUE 5 – SITE COVER
The site cover calculations provided with the application material do not accurately calculate site cover in accordance with
the Noosa Plan 2020 definition. Performance Outcome PO11 of the Tourist Accommodation Zone Code requires
development, where a mixed-use precinct fronting Duke St, Sunshine Beach, to have a maximum site cover of 45%. Council
calculates that the proposed development includes a site cover of approximately 75%, which is substantially over the 45%
site cover requirement under Performance Outcome PO11 of the Tourist Accommodation Zone Code and is not supported.

Information Required
5. Provide amended plans reducing site cover to 40% (as calculated in accordance with the Noosa Plan 2020 definition).

Response
This issue is highlighted in the introductory summary above and was extensively addressed as part of the original planning
report which accompanied this application. The original architectural plans prepared by BJD Architects included a site




JFP Ref: M3024P                                                                                                 Page 5