1. Response to outstanding issues

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                                     Figure 1 – Lobby areas including a services cupboard

The services cupboard on levels 2 and 3 has a total GFA of 4m2 resulting in a total GFA that exceeds the allowable GFA by
16m2. As a consequence, the proposal plans have been amended to reduce the commercial areas by 16m2 to ensure that
the development achieves a compliant plot ratio of 0.8:1 or 388.2m2 of GFA on a site which has an area of 485.33m2
(refer to Attachment A).

Front setback
Council requested that the 3rd floor balconies (including side walls and dividing wall) be setback 6m in accordance with
Acceptable Outcome AO13 of the Tourist Accommodation zone code, due to its concerns about the perceived impacts on
the view lines of the adjoining second storey unit to the west, being Unit 7, 28-34 Duke Street, Sunshine Beach.

This matter has been carefully considered in the context of the relevant assessment benchmarks, including PO13 of the
Tourism Accommodation Zone Code, with the perceived visual impacts thoroughly investigated as part of an updated
visual impact assessment prepared by Blackburne Jackson Design. Notably, as part of the visual assessment investigation,
the applicant was granted access to the balcony of unit 7 to take site photographs. These photos provide a more accurate
depiction of potentially impacted views than the photographs included in the visual analysis submitted with the
information request response which were obtained from a real estate sales website.

In terms of the relevant site setbacks, Acceptable Outcome 13 (AO13) includes the preferred (acceptable) outcomes as
outlined below.

         AO13.1
         In the Coastal Communities Local Plan Area - Duke Street, Sunshine Beach:
               0 metres from the front boundary for the ground floor;
               2m from the front boundary for the second storey or 0m where there is an open balcony along the entire frontage at
                  least 2.5m wide;
               6 metres from the front boundary for the third storey;
               0 metres from side boundaries for ground and second storey and 1m for third storey;
               6 metres from the rear boundary for buildings up to two storeys; and
               10 metres from the rear boundary for the third storey.




JFP Ref: M3024P                                                                                                       Page 2

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The main face of the building on the third storey is setback 6m from the front boundary. However, it is acknowledged
that the side balcony walls, and the privacy (partition) wall extend into the 6m front setback and 1m side setbacks on the
third storey. Accordingly, a performance based solution is sought to demonstrate compliance with PO13. PO13 is
extracted below.

         PO13
         Buildings and other structures are designed and sited to:
               provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and
                  acoustic privacy;
               not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining
                  premises;
               provide adequate distance from adjoining land uses;
               preserve existing vegetation that will help buffer development;
               allow for space and landscaping to be provided between buildings including adequate area at ground level for
                  landscaping with trees, shrubs, outdoor living and utilities;
               be consistent with the predominant character of the surrounding area , maintaining the visual continuity and pattern
                  of buildings and landscape elements within the street; and
               protect the natural character and avoid adverse impacts on ecologically important areas such as the beach, Noosa
                  River, national parks and other parklands.


In demonstrating compliance with PO13, the visual assessment prepared by Blackburne Jackson Design provides a more
comprehensive and accurate assessment of the perceived visual impact of the proposed development when viewed from
the adjoining premises to the west, compared to the plans provided as part of the information request response, which
were based on balcony photos obtained from a real estate sales website. As noted above, the visual assessment involved
obtaining photos of the view from the balcony of the adjoining unit 7.

Importantly, for context it should be noted that Unit 7 faces directly to the south, south-east and in parallel to the lot
boundary of 36-28 Duke St Sunshine Beach, as shown on Figure 2 below.

Council concerns regarding the proposal’s impact on the views of Unit 7, 28-34 Duke Street have been addressed through
further plan amendments prepared by Blackburne Jackson Design.




JFP Ref: M3024P                                                                                                          Page 3

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                                            Figure 2 – Existing view from unit 7

Figure 2 illustrates the existing view when looking east from the balcony of Unit 7, with the red silhouette outline showing
the extent of the previous building design provided as part of the information response.

Blackburne Jackson Design have identified that the key aspects of the view include the ocean view and two prominent
Norfolk Pines (to the left of screen). Blackburne Jackson Design have undertaken further design amendments which
retaining these key view elements and minimise visual impact on unit 7 (Refer to Figure 4 below). The amendments
include:
     increasing the front setback of the level 2 balcony by 1m which ensures that the side walls are set back 3m from
         Duke Street.
     the side walls have been reduced in height from 1.2m to 1m for the front portion of the balcony to preserve view
         lines.
     the privacy (partition) wall between units 1 and 2 has also been setback an additional 1m (resulting in an overall
         front setback of 3m) and has been reduced in height by 300mm to 1.5m for the front portion of the partition
         wall.

Figures 3 and 4 provide a comparison between the design provided as part of the Information request response and the
proposed changes (both overlaid on the recent photograph taken from the balcony).




JFP Ref: M3024P                                                                                                 Page 4

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Figure 3 – The previous design provided as part of the information response.




Figure 4 – Amended design to further mitigate the visual impact

As illustrated in Figure 4, the key elements of the original view (being the ocean view and the two Norfolk pines) have
been preserved and are still prominent features in the revised view when looking east. The available views to the ocean
and surrounding vegetation are even further enhanced when standing by the railing or further out on the balcony.

Blackburne Jackson Design have also included a different finish to the side walls of the balcony to soften the appearance
of the side boundary wall of the development.




JFP Ref: M3024P                                                                                                Page 5

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We consider that the above changes ensure that the proposal complies with PO13 of the Tourist Accommodation Zone
Code, as the building and associated structures are designed and sited to:

         provide a boutique mixed use visitor accommodation with a high level of amenity for its guests and adjoining
          tenants, by incorporating structural elements and features to achieve adequate visual and acoustic privacy.
         ensure any existing views from adjoining premises are not unreasonably obstructed/ obscured or result in
          overlooking of private open space or habitable areas.
         provides suitable and generally compliant setbacks to adjoining premises and property boundaries
         incorporates generous landscape treatments throughout the development to soften the built form and enhance
          the visitor experience
         provides a high quality mixed use development consistent with the existing and intended character of the area,
          whilst enhancing the function and attractiveness of the area as a visitor destination.

We note that our client’s representatives held preliminary discussions with the adjoining owner (unit 7) but have been
unable to obtain a letter of support for the proposal at this time. As a result, to avoid further time delays and expense in
securing the owner’s support, we request that Council finalise its assessment based on the proposed amendments which
we consider address Council’s outstanding concerns with respect to impacts on views and which also demonstrate
compliance with PO13 of the Tourist accommodation zone code.

In light of the above changes, we look forward to Council’s favourable consideration of this application which provides a
highly compliant boutique mixed use development in accordance with the relevant assessment benchmarks of the Noosa
Plan 2020. The proposal has undergone significant amendments to deliver a development consistent with the
requirements of the planning scheme. We consider that by incorporating the latest plan amendments the proposal strikes
the right balance between upholding the provisions of the planning scheme and achieving our client’s intent to deliver a
high quality mixed-use visitor accommodation development which reinforces the Duke St precinct as an attractive tourist
destination.

We trust the revised proposal addresses Council’s requirements and should you have any questions or wish to discuss any
aspect of this response, please do not hesitate to give me call on (07) 3012 0100.

Yours faithfully,




TIMOTHY BALCOMBE
SENIOR DEVELOPMENT PLANNER
JFP URBAN CONSULTANTS

Attachment A – Architectural plans prepared by Blackburne Jackson Design

Attachment B – Landscape plans prepared by Blackburne Jackson Design




JFP Ref: M3024P                                                                                                  Page 6