132008.169.1 Notice of Submission Howen Pty Ltd

Page 2

Paul Summers
PLANNING STRATEGIES

Thursday, 10 February 2011

Chief Executive Officer

Sunshine Coast Regional Council

Locked Bag 72

SUNSHINE COAST MAIL CENTRE QLD 4560

  

Greetings

RE: APPLICATION REFERENCE 2008/169 — MCU FOR DWELLING HOUSE - 71 SEAVIEW TERRACE, SUNSHINE
BEACH

This letter comprises a submission of objection in regard to the above application. The submission has
been prepared on behalf of the submitter Howen P/L as indicated in the letter from Howen P/L dated 10
February 2011.

 

The facts and circumstances of the 0 35 70 |
a Figure 1 $ ——_——— |
submission are as follows. metres |

  

a) Howen P/L (Howen) owns land

; . ‘
situated at 30 M‘Anally Drive Application 208/169

Sunshine Beach described as (Lot 4)
Lot 5 RP197117 (Lot 5) ‘
comprising about 1,428m’. ff

b) The house on Lot 5 was
constructed by the previous
owners shortly after their
purchase in 1986.

c) Howen acquired Lot 5 on 11

September 2009.
d) Lot 1 RP197117 (Lot 1) the | J J
subject of the application lies to i ] i i . f

 

the immediate east of Lot 5 as
indicated in the diagram to the right. Lot 1 comprises about 9,942m’.

 

e) Lot 1 lies on an over-steepened sand dune which slopes down and to the east, with only the western
portion of the property visible from Lot 5.

f) Lot 5 enjoys water, beach, headland and Noosa National Park views across Lot 1.
g) owen appreciates that:

e It has acquired a house which has some level of visual impact at Sunshine Beach; and

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Submission: Application Reference 2008/169 — MCU for Dwelling House - 71 Seaview Terrace, Sunshine Beach 10/02/11

e The owners of Lot 1 should be able to develop a house that respects the location, nature,
character and constraints of the lot.

 

The grounds of the submission are set out under various headings below.

 

2.1 SLOPE STABILITY

 

 

 

a) The over-steepened sand dune on which Lot 1 is located is prone to slippage and highly sensitive to
stormwater impacts and human pressures. In environments such as these, contemporary practice is to
‘tread lightly’ on the land to reduce the potential for unforeseen impact. In this regard, the overall
design, form of construction and scale of development is critical to achieving a light footprint.

b) The overall design, form of construction and scale of development is almost the antithesis of
contemporary practice. It comprises very heavy construction and with a very large footprint in a
general sense and as compared to the scale of surrounding development. This is shown graphically in
the architectural plans submitted with the application an extract of which is reproduced below:

  

 

c) Howen is very concerned about the potential for impact on slope stability:

e During construction having regard to the scale and extent of construction works that are needed,
the difficulties in accessing the site and problems in having contractors understand and respect the
site’s sensitivities.

e After completion in terms of ongoing issues associated with the dramatic way in which the
proposed development will alter drainage for Lots 1 and 5.

 

2.2 HOUSE LOCATION & SCALE

 

 

 

a) The focus of the main construction area and the bulk of proposed building works is intended to occur
in the western part of Lot 1 and in particular, the south-western part.

b) The main living areas (both indoor and outdoor) of the house on Lot 5 are located immediately to the
west of the most intensive development proposed on Lot 1.

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Submission: Application Reference 2008/169 - MCU for Dwelling House - 71 Seaview Terrace, Sunshine Beach 10/02/11

c)

   

d)

enjoyment of Lot 5.

The scale and intensity of development in this location has the greatest impact on Howen’s use and

 

 

The proposed development has a major impact on views from indoor and outdoor areas at both upper
and lower levels of the house on Lot 5.

In part, this is due to the particular positioning of the proposed buildings on Lot 1, but it is also due to
the very steep slopes over which Lot 5 currently enjoys views.

To assist the Council in understanding the extent of this impact a series of figures has been prepared
and are attached:

i) Figure 2 comprises an aerial photograph from 21 July 2010 identifying Lots 1 and 5 and also
identifying various tide marks and wave positions.

ii) Figure 3:

e Superimposes the proposed plans of the development (derived from the LandGraphics site
plan submitted with the application) over the cadastral information;

e Derives a line identified as Section e which relates to one of the sections provided in the
architectural plans in the application;

e Extends the line of Section E to west into Lot 5 and to the east into the Pacific Ocean;
calculates distances shown in the small table bottom right of Map 2 which identifies the
distance between the intersect of the common boundary between Lots 1 and 5 and Section E.

iii) Figure 4 then utilises Section E from the architectural plans and aligns it with the LandGraphics
plan and a tidal line and wave line.

Based on the analysis in Figure 4, it is clear that the result of building in the location proposed on Lot 1
will result in:

i) Almost a complete loss of view from the lower deck of the house on Lot 5 (internal spaces are
worse);

ii) Almost a complete loss of view of the beach and areas where waves are breaking at the middle
level deck (once again internal spaces are worst). A view from the middle deck to the beach is
provided overleaf, albeit in poor weather conditions.

The key factors giving rise to the extent of the impact are:

i) The location of the bulk of building in the south-west corner; and

ii) The inclusion of high parapet walls on the roof of the building.

 

a) While Howen anticipated that a house would eventually be constructed Lot 5, the owners did not
anticipate that on a lot size of almost 1ha in area that the bulk of the proposed building would be
located on the slopes immediately to its east.

b) Howen anticipated that there would be some impact, but that the building would be located more
centrally on that part of the site clear of coastal management controls.

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Submission: Application Reference 2008/169 — MCU for Dwelling House - 71 Seaview Terrace, Sunshine Beach 10/02/11

 

 

 

 

2.5. _ INTENT OF THE PLANNING SCHEME

 

a) Notwithstanding the fact that Howen anticipated that Lot 1 would eventually support a house, it is
noted that the Intent for the Non-Urban Zone under the Schedule to the superseded Planning Scheme
indicates that:

This zone includes land, which is generally in close proximity to urban areas, where that land is
considered to be unsuitable for urban development. Land included within this zone will be adversely
affected by excessive slope, inundation by flood waters, poor subsoil conditions giving rise to
foundation difficulties, etc., which have been determined to be of such significance that urban uses
should not be permitted. Land included in the designated Sand Dune Problem Areas, Drainage Problem
Areas, Steeply Sloping Land and Areas Subject to River Flooding upon the Scheme Maps and which
feature high levels of constraint, are included in this zone.

b) Lot 1 was designated a Sand Dune Problem Area under the superseded planning scheme and is clearly
one of the lots which was not intended for urban development under that scheme. A dwelling house
sitting alone on a lot not used for other purposes in this location can be regarded as urban
development.

 

Whilst Howen does not object to the use of Lot 1 for a house, it regards the form of house being proposed
and the scale of that development as totally inappropriate for the site and its particular constraints and
sensitivities. In its current location, the proposed house on Lot 1 will have major impacts on the use and
enjoyment of Lot 5.

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Submission: Application Reference 2008/169 — MCU for Dwelling House - 71 Seaview Terrace, Sunshine Beach 10/02/11

Notwithstanding the fact that Howen believes the form and scale of development being proposed is
inappropriate on Lot 1, the extent of visual impact on Lot 5 could be reduced by setting the proposed
building further back from the common boundary. This would have the effect of lowering the building,
albeit marginally on the site, therefore exposing some views to the beach from the decks. The setback
need only apply to the port cochere and the southern pod. It is, however, difficult to gauge the appropriate
extent of setback in the short time available in the public notification period. It is anticipated that
something of the order of 6-10 metres would suffice. Howen believes that there is sufficient capacity on
the site to achieve this without excessive impact on vegetation and other adjoining owners.

Sincerely,

 

Paul Summers
PLANNING STRATEGIES

Enc: Figures 2, 3 and 4

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Legend
| Lot 4 (Application 2008/169)

[| Lot 5 (Howen )

HOWEN P/L: Figure 2 - Aerial Photograph 21/07/2010

 

Page 8

 

0 50 100 Legend
a ——

Lot 1 (Application 2008/169)

metres
Lot 5 (Howen )

Scale: 1:1,200 at A3 ae

 

 

 

 

  

S é.
r =
=
\ x,
\ aS)
\ z=
\ \ .
\  \
| | i
} | °
°
°
.
.
————— D | Description ~_ [Distance
——_Y High Tide High tide mark derived from image About 210m_|
High Water —_ Highest water in image - _About 252m |
First Wave _ First breaking wave in image ____ About 316m |

_Photo Seam “Seam in image ae About 400m

 

HOWEN PIL: Figure 3 - Calculations

Page 9

 

 

(‘t+ About 252m ™
<4 About 210m —P

 

 

 

About 120a%—#£_—____—__

 

 

   
 
  
  

; : :
# : >

E Z

2 z

2 5 Root WF

5 = 53000 ees WW

‘ sono Levi? WW
_ “+ Ower deck yj 45500 Level!) WF
—__ view a
Upper i | along Section E doe Tyne roe 42009
Cc joo! a
k View along ‘ ~ ‘ae 38000
: Lower Ground ~
Ction E_ 31000

HOWEN PIL: Figure 4 - Assessment of View Impacts along Section E

jowen\Diagrams. vis