22-040 Final Decision (1)

Decision:

        The Development Tribunal, in accordance with section 254(2)(c) of the Planning Act 2016
        replaces the decision of the Assessment Manager to ‘refuse’ the Building Development
        Application (Noosa Council RAB 21/0259) with a decision that the Development Permit for
        Building Work (RAB 22/0259) be approved, with the following conditions:

          a)       A ‘minimum’ set back of 0.2 metres of the outermost part of the carport from the
                  front property boundary.
          b)      The sides of the carport not to be enclosed or otherwise screened with louvers,
                  slats, battens etc.
          c)      The maximum building height of the carport not to exceed 3.183 metres above
                  the finished level of the slab.
          d)      Such other conditions, as the assessment manager reasonably requires to
                  ensure compliance with the building assessment provisions.
   .
Background

The Subject Site

   1.          The subject site is a nominally rectangular level block with a site area of 834 square
               metres, a 19.5 metre frontage and a slightly wider, curved rear boundary. The
               existing residence is a single storey detached dwelling in a ‘Y’ shaped configuration
               with one extent of the configuration facing the street at an angle and having a
               setback of 6.5 metres at its nearest proximity. A single vehicle carport currently
               exists by the entry walkway, with the remaining area under roof and facing the street
               utilised as a spare bedroom. The remaining area of the setback to the street
               frontage is occupied by an in-ground pool.

   2.          The subject site is situated towards one end of Wesley Ct, which constitutes a short
               street with a cul-de-sac at both ends. That part of the Wesley Ct surrounding the
               subject site contains similar or larger residences, with a significant component of
               solid masonry fencing to the street boundary.

   3.          The subject site also has a 1.8 metre high solid masonry fence with a 1.8 metre high
               ‘solid’ vehicle and pedestrian entry gate along the full length of the property
               boundary fronting Wesley Ct.

The Proposal

   4.          The proposal is for an ‘open carport’ located in the front setback of the existing
               dwelling with a roller door. (Reference Kidd & Co Plans SD 103, SD 401, SD 501
               stamped RAB21/0259, dated 9/05/2022 by the Noosa Shire Council as the ‘plans
               accompanying the concurrence agency response’).

Assessment of the Application

   5.          On the 6 December 2021 Pure Building Approvals requested the Noosa Shire
               Council ‘Referral Agency Response’ for the proposed works.




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