23688 DA - Change to development approval [As Published] · 132004.240015.4

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Rs

Council Reference: 2004/240015 (23688 DA)

 

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martoo

Our Reference: 00287 LO1 NG consulting a
pty Itd

town planners +

16” May 2007 urban designers
abn | 86 120 928 707

Chief Executive Officer

Noosa Shire Council

P.O. Box 141

Noosa Q 4565

Attention: Land Use Section - Colleen Keegan

Dear Sir/Madam

RE: Application for Changes to a Condition of a Development Approval for a Dwelling
situated at 12 Arakoon Crescent, Sunshine Beach described as Lot 788 on RP 4811,
Parish of Weyba

Martco Consulting has been engaged by Glen Morrison, being the applicant for the above proposal, to
submit this development application to Noosa Council under the Integrated Planning Act 1997. This
application seeks approval to change condition 3 and 14 of the Development Approval (23688 DA) for a
Dwelling at Sunshine Beach.

A number of approvals have been granted over the site and include:

¢ Application for a Dwelling House in a Sand Dune Problem Area (Council reference 23688 DA) was
approved by Council on 28" May 2004. This proposal involved demolition of the existing dwelling
and excavation and construction of a new substantial dwelling on the site.

e 17" March 2005, Council approved an application to change the approved plans to provide for an
increased deck area,

¢ = 11th April 2007 Council approved an application to change the approved plan to enable a renovation
and extension of the existing dwelling rather than demolition as proposed by the original application.

The most recent application approved included a change to condition 3 which now states:

Condition 3 -The landscape deck at the lower level is limited to a maximum width of 1.7 metres
seaward of the Coastal Building Line and a maximum height of less than 1 metre above natural
ground level.

The cantilevered deck at the upper ground floor is limited to a maximum width of 2 metres seaward
of the Coastal Building Line.

The applicant seeks to alter this condition to enable the cantilevered deck at the upper floor level to extend 2.6
metres as detailed on the approved plans.

In support of this request the applicant notes that the proposal complies with the relevant probable solutions of
the Coastal Protection Precinct which state:

SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE, NOOSAVILLE | PO BOX 1684 NOOSA HEADS Q 4567 1/28 REEF STREET GYMPIE | PO BOX 391 GYMPIE Q 4570
TELEPHONE | 0754555425 FACSIMILE | 07 54555725 TELEPHONE | 0754827440 FACSIMILE {i 07 5482 4952

[email protected] [email protected]

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® Page 2

 

column 1
Specific Outcomes

column 2
Probable solutions

Proposal

 

 

Coastal Protection Precinct and
Erosion Prone

Areas—Eastern Beaches Locality
017 The siting and design of
development and materials used
within the Coastal Protection
Precinct, as identified on the Natural
Resources Overlay Maps, do not
cause any significant adverse
impacts on the coastal resources of
the location nor interrupt the natural
cycles of erosion and accretion of
foreshore areas and beaches.

 

$17.2 Cantilevered decks that are
uncovered and unenciosed located
seaward of the coastal building
line—

a) do not extend seaward of the
average of the outermost seaward
projection of buildings on directly
adjoining properties; and

b) are a maximum depth of 3m;

¢) are setback a minimum of 6m
from the seaward boundary of the
Site;

‘

 

a) The proposed 2.6 metre deck is
generally consistent with the average
seaward projection of the buildings on
adjoining lots. Whilst it is noted that
the adjoining lot to the south is vacant,
the applicant notes this lot is able to
have a deck of at least 3.0 metres due
to the approved cantilever of adjoining
properties. The premises directly to
the north of the site does not have an
cantilevered deck however again
would be able to have a deck of at
least 3.0 metres due to the premises
further to the north. As such the 2.6
metre setback requirement severely
disadvantages the subject site as it
effectively means that it is setback
further than the adjoining properties.
This appears to be contrary to the
intent of the probable solutions which
indicates that cantilevered decks are to
be consistent with projections on
adjoining properties.

b) The proposed 2.6 metre deck is less
than the maximum of 3 metres.

¢) the deck is setback at least 12
metres from the rear seaward
boundary.

 

 

Please find attached:

« Fom2

* Application fees of $745.00

‘
Please contact our office if you require any further information and/or clarification with respect to the above

application,

Yours sincerely

Senior Planner

Martoo Consulting Pty. Ltd.

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3 INTEGRATED PLANNING ACT 1997

    
    

Form 2 Development Application

Request to change an
existing approval

Form 2, Version 3.3, 29 May 2006

 

Description of land

All land the subject of the application must be
identified.

Advice for completing Qt

A description of the land is not required in
elation to a mobile or temporary
environmentally relevant activity.

Advice for completing Q2 and Q3

Provide the information from the éxisting
approval that Is the Subject of this request for.
change

Advice for completing Q4

Q4 applies if development i is proposed it ina
water body or watercourse

Advice for completing Q5

Most laind can be identified by a lot on plan
description. These details can be obtained from
file documents or through the local
govemment.

However, if the land on which the development

is proposed does rot have a lot on plan

description (ie. the development is proposed in

a water body or watercourse) —

(i) provide the lot on plan description for the
adjoining/adjacent land; or

(i) provide GPS coordinates where there is no}

adjoining/adjacent land (ie. ir Moreton :
Bay). :

Advice for completing a9
Q9 does not apply if the development is
proposed within a water body or watercourse

Advice for completing Q10

Q10 only applies if development is proposed “f

within a local governmént area..

Tidal areas are below high water mark and are :

not within a local government's area.

Advice for completing Q11

Q11 only applies if development is  bropésed on
strategic port land or a strategic port and tidal
area.

For more information refer to Guide 14
Development on strategic port land

Note: These details wil be included in the
original decision notice for the approval you
now wish to modify.

 

 

10.

1.

Street address fncluding house number, stiee! name, siuburbvlocality name & postcode) (if applicable)

‘ | 12 Arakoon Crescent _ :

3. Date issued: ‘

 

Number on ‘existing development perinit or
preliminary approval sought to be changed: .
| 23688 DA - 2004/240015 | 28" May 2004 |

 

‘Naine of water body or watercourse, within which, the development is proposed: (itappticabie)

LNA

“Lot on ofan ‘description (eg Lot 123 on RP 4567) GPS coordinates

| Lot 788 on RP48111 |

 

The above description ig for: (ck applicable box)
& (i) the land on which the development i is proposed; or

Oi) the land adjoining the water body or watercourse, within which the development is
proposed; or .

Odili) the water body or watercourse,

Shop. [teriancy number: (applicable)
[NWA i

 

, 8. Storey / level: (if applicable)
[ NIA

Total atea of land: (fn?/he).-

[orm ) _ : |

Local goverinen area in which: the land i is situated o Brisbane, Esk, Hervey Bay, Woocoo elc.) (if
applicable) - a

[No Noosa . . |

 

Port authority for the strategié port land. or strategic port land tidal area on which the
development is proposed (eg. Port of Bristané, Port of Townsville) (if applicable)
[NA

!

Page 5

INTEGRATED PLANNING ACT 1997

Form 2, Version 3.3, 29 May 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under s3.5.22(1)(a) & 3.5.24(1}(a) of IPA, a
Copy of this request must be forwarded to each
concurrence agency for the previous
application prior to lodgement of this form with
the assessment manager.

Note: “No” will always apply to a request to
change conditions of a rezoning approval given
under the P&E Act.

 

” Appiicant details 12. Name:
Cleary identify whois making the application. |.” { Glen Morison |
The applicant need not be the owner of the
land. 13, Postal addréss: :
When signing and lodging this application
Fees raed loding this application sans OSpeReb ior eeube be [ c Martoo Consulting Po Box 1684 Noosa Heads Q 4567 |
information provided is correct The
assessment manager, any referral agency and. 14 _ Signature vn 15. Date:
the Chief Executive (where applicable) will rely.
on this information when assessirig and - Ud s. 4- 7
deciding the application: LL
tfthe applicantisacompany .
A contact person must be shown: All. 16. Contact p peison: 2 a. wot .
correspondence will be mailed to this address. f C/ Nadine Gorton |
17. - Telephone number: . "48. Mobile number: (it appficable)
[ 5455 5425 ]- |
19, Fax number: (if appticable) . 20. Email address: (if appticable)
, L 5455 5725 ‘| -[ [email protected] ‘|
Land owneris consent {if applicable} a. Land owner's donsent. Pals .
Section 3: §.24(3} of the IPA requires that the 7
land owner's consent must be provided if the Name in Full Signature Date
person making the request to change an Fr ean
existing approval is not the land owner, ) AeA (a2) PTY LP tin lage Ss 7
For information about land owners refer to .. ACH Lor 20 é
Guide 1 Making an IDAS develdpment (ii) 499. 7
application.
Land owner's consent is not required for a (iii)
mobile os temporary ERA.
[fan owner has signed this formas - (vy)
applicant, their signature is not required again
in this section.
Hf there are multiple owners, the consent of
each owner is required. . :
Resource entitlement (if applicable) 22. At the time of the Test would a ‘development application for the approval have required
Sections 3.5,22(4) & (5), 3,5.24(3B) & (3C), . evidence of resource entitlement?”
and 3.5.33(3B) & (3C) of the IPA may require
the written agreement of a resource manager if &. NO- 99 fo O24 : O YES - go {0 023
Ce hn eects Se a {23 Is this request accompanied by the written agreement of the chief executive from whom the
development application for the approval would evidence is required? (tick the applicable box) -
have required evidence of resoutce entitlement Ni oft
under section 3.2.1(8) of the IPA. 0 res the written agreemeit the chief executive must accompany this request
Nature of the request 24. This request is for:
Any person may request to modify an existing o Ani extension of the relevant @tiod for the development approval (s 3.5.22)
approval. p Pr
To charige or ca cel conditions (s 3.5.33)
: O To change the development’ approval {other than a change ofa condition) (s 3.5.24)
. Oo A change to conditions of a fezoning ‘pproval given under the P&E Act (s 61.254)
25.. Provide details of, & justification ‘for; the proposed modification
refer attached letter
Coricurrerice agencies 26. Did the previous ss paion inne concurrence agencies or building referral agencies?

PXINO . .
Oo YES: fist the concurrence égenties wh who have been sent a copy of the request for modification
()
(ii)
(ii)

 

 

 

 

 

 

 

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,

“INTEGRATED PLANNING ACT 1997 . Form 2, Version 3.3, 29 May 2006
” Plans and documents — , 27. Plans/drawings/reports accompanying this application:

An application should be accompanied by . Plan / Drawing / Report Num! ‘

details to support the proposal & enable the gi ser ber Title Date
2 assessment manager, referral agencies and refer attached letter

any person viewing the application during

public scrutiny or public notification to

understand the scope of the proposal and any

potential impact.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OFFICE USE ONLY (applicable to assessment manager)
[_DaTERECENED | /¢..¢-.7yop | REFERENCE NUMBERS

 

 

 

 

 

 

23636 VE.

 

 

Page 7

 

 

aou a . LAND USE SECTION FEES
=feg NOOSA :

RECEIPT TYPE

 

SALE OF DOCUMENTS .
Superseded Planning Scheme’Documentation . 520
Copy of Permit/Approval Letter . : 110
The Noosa Plan Documentation 111
APPLICATION FEES
, Material Change of Use - Code/!mpact
Consistent 527
Inconsistent 521
Assessment under Superseded Pianning Scheme . _ §21-
Modification to a Development Permit - 748-00 521
Extension of a Currency Period : §21
Operational Works - Landscaping . 521
Bldg Work assessable against the Planning Scheme : 521
PRE LODGEMENT REVIEW .
Half Hour §22
One Hour 522
ADVERTISING
‘ Purchase Advertised Applications ~ 523
JETTIES © .
Jetty Application Fee . 524
Jetty Bond , _ $1
: : (Category 4)
BONDS /
Performance Bond . 51
(Category 9)
SIGNS , . oo
Registration Fee . 222
SEARCH FEE :
Search of Land Use Section file 112
Liquor Licensing Request , 113
“TOTAL. $ 740-00
NAME: Po Trust Mo. 2. vay (a) TY LV Rimjolt41204.. WS TRUATEE FOR

 

appress: (/- Anartoo fonvulivg Pty Ltd
0 fox 1684, Nuova Heads RUD 4567

 

 

FILENO:  Z4658VH - DATE: 2g: - 2007
RECEIPT NO: A259 553 - Signature of TP Officer: A
AUTHORITY NO:

 

14 | 2004/z40015 [+

Page 8

CALCULATION OF FEES

 

APPLICATION | FEE

TOTAL
FEES

 

MCU - CODE ASSESSMENT
Details of Development

: Consistent 1.0"
Inconsistent 3.0

FEE CALCULATION

 

MCU - IMPACT ASSESSMENT
Details of Development

Consistent 1.0
Inconsistent 3.0

FEE CALCULATION

 

OPERATIONAL WORKS
Details of Development

FEE CALCULATION

 

 

 

 

TOTAL FEES