1. Response to outstanding issues

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