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Delegated Report - Code - Planning MCU24 0094 [As Published] · MCU24/0094
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DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU24/0094
Applicant 33 Ross Street Holdings P/L
Proposal Material Change of Use - Dwelling house
Properly Made Date 24 July 2024
Information Request Date 20 August 2024
Information Response Date 21 November 2024
Decision Due Date 8 April 2025
Report Reviewed & Patrick Murphy
Finalised By
08.04.2025
PROPERTY DETAILS
Property Address 33 Ross Cres Sunshine Beach Qld 4567
RP Description Lot 6 RP 216711
Land Area 3,520 m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low density residential
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays • Landslide hazard overlay
• Coastal protection overlay
• Land subject to acid sulphate soils
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.
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The proposed development is for a substantial two storey, split level Dwelling house. The dwelling
is roughly ‘L” shaped in footprint and is proposed to be located parallel and following the curve of
the Ross Cresent frontage and towards the eastern rear boundary (beach frontage).
The uppermost ‘first floor’ level comprises the primary entrance from Ross Cresent, 5 bedrooms,
family room, laundry and meditation suite and is 469m² in gross floor area (GFA). The external
terrace at this level also provides stair access to an open rooftop terrace of approximately 31m².
The lower ‘upper ground level’ contains parking for up to 9 vehicles, storage and building services
room, kitchen / dining areas and extensive outdoor dining / terrace spaces and pool. This floor is
281m² GFA.
The ‘lower ground level’, extending towards the eastern beach frontage contains a rumpus room,
sauna / gym and pool store. This floor is 217m² GFA.
A calculation of the development over the above three split levels results in a total site GFA of
approximately 967 square metres and maximum site coverage of 30%. Figures 2 & 4 outline the
proposal in further detail.
Vehicle access to the site will use the existing crossover and driveway location ramping down the
site to a large garage area. Due to the site slope the driveway ramp will be suspended in part with
portions approximately 1.5 metres above ground level and setback 2.5 metres from the northern
boundary.
The site contains two side boundaries to the north and south, an eastern rear boundary adjoining
the Sunshine Beach Foreshore Reserve. The site does not contain a coastal build line.
The proposed development requests alternatives to the Noosa plan 2020 Low Density Residential
zone code acceptable outcomes in relation to:
• Front setback AO9.1.
• Exceedance of maximum GFA within the Low-Density Residential zone of 500 square
metres AO8.2; and
• Rooftop terrace AO16.3 and AO7.2 of Coastal Communities local plan code.
The entire site is located within the Coastal protection and scenic amenity overlay and is mapped
within the Coastal Hazards, erosion prone area. BMT Coastal Engineering consultants were
engaged on behalf of Noosa Council to peer review coastal hazard engineering reports prepared
by the Applicant’s consultants HASKONING AUSTRALIA PTY LTD and Moffatt and Nocol.
Several other technical assessments have been submitted to support the application. These
include:
• Westra Partners - Site based stormwater management plan.
• Tectonic geotechnical and environmental engineers - Geotechnical investigation.
• Shaun Lockyer Architects – project architect.
• HASKONING AUSTRALIA PTY LTD - Coastal hazard assessment (initial application
lodgement); and
• Moffatt and Nocol – coastal hazard assessment (post information request).
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Shaun Lockyer
Figure 1 – Locality
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ent general arrangem L&S Hamill 33 Ross Crescent, Sunshine Beach | shaun lockyer architects 07 9287 7288 Page 7 of 33 Version: 5, Version Date: 10/04/2025 Document Set ID: 23561450
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. APPLICATION BACKGROUND
TPC 1887 - 03.03.1987 - Initial application for Dwelling in sand dune problem area.
Since this approval, several building and operational works applications for pool construction, tree
removal and building extensions have been granted.
RAL20/0027 - 30.10.2020. Development application for subdivision of the site (1 into 2 lots).
Concerns were raised during the assessment regarding the creation of a new lot with a high degree
of slope (approximately 25%), removal of vegetation from the site to accommodate a new lot and
dwelling, location within a landslide hazard and coastal erosion area. Ultimately Council refused
the application in June 2021. An appeal was lodged by the Applicant however was discontinued in
September 2022.
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3. SITE DETAILS
3.1. Site Description
The site is a large (3,520m²) irregular shaped parcel with the western boundary curving around
and matching the shape of the Ross Crescent road formation. The site drops away steeply from
Ross Crescent to the seaward boundary with approximately a 12m to 15m fall.
A distinctive character of the site when compared to surrounding lots is its physical size and open
lawned area which occupies most of the northern half of the lot extending east towards the site’s
coastal rear boundary (Figure 5).
The southern portion of the site includes coastal vegetation consisting of wind-sheared Coastal
Banksias, Cottonwood Trees, Pandanus, Macarangas and Beach Acronychia typical of vegetation
found along steep coastal dune slopes in this area.
Figure 5 – image taken within the site looking north towards neighbouring property at 31 Ross
Crescent.
Image to right is the beachfront profile to the east of the site.
3.2. Surrounding Land Uses
The site is the most southern of the beachfront lots along Ross Crescent with no neighbouring
development to the south or east.
Developments to the west of the site include large single and two storey Dwelling houses (Figure
6).
To the south the lot adjoins Alison Park which comprises steeply sloping vegetated coastal dune
land with pedestrian access down the steep slope to the beach. Sunrise Beach Park is located
further south. To the north, the site adjoins a typical beach front lot and further north, a group title
subdivision.
Generally, to the east, the lot adjoins the foreshore reserve which forms part of the coastal dune
system. Opposite the site to the west are large houses and lots typical of the Sunshine Beach area.
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Figure 6 – Dwellings located opposite the site and to the west of Ross Cresent.
Figure 7 – Dwellings visible from the beachfront located within Park Crescent approximately 250 metres to the
north of the site.
ASSESSMENT
3.3. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
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• Noosa Plan 2020 (25 September 2020).
3.4. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Coastal Communities Local Plan Code;
• Acid Sulfate Soils Overlay Code;
• Coastal Protection and Scenic Amenity Overlay Code;
• Landslide Hazard Overlay Code; and
• Works Codes.
The subject site is in Coastal Communities Local Plan area and is zoned Low Density Residential.
The proposed use is identified as a consistent use within the zone and is required to follow a code
assessable application process.
Criteria Planning Proposal Complies
Scheme
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres <8.0 metres (includes a chimney,
which is an exempt building
element)
Site cover 50% Lower ground, eastern level - 263m² / 13%
50 % / 30 % Upper ground level - 1,016m² / 28%
40 % / 40 % First floor - 862m² / 24.5%
Total footprint Total site footprint = 1,070m² / 30%
Gross floor area 500 m² max 967m² X
Boundary setbacks
Frontage 6.0 metres min 5.3 metres (roof projection) X
Side (north) 1.5 metres min 2.5 metres (to ramped driveway and
then minimum 8.2 metres to
dwelling)
Side (south) 1.5 metres min 12.8 metres
Rear (beach front) 6.0 metres 6.0 metres
(coastal setback)
Roof Form
• Pitch Coastal
communities
na
• Eaves
Landscaping
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Criteria Planning Proposal Complies
Scheme
Landscaped open space 20% min / 704m² 1,649m² min or 46%
Carparking 2 covered min 9 covered
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Low Density Residential Zone Code – Gross floor area
Acceptable Outcome AO8.2 of the Low Density Residential Zone Code states:
AO8.2 Irrespective of site cover, the total gross floor area of combined buildings does not exceed
500m2 with the exception of the following properties at Park Road Noosa Heads, where a
maximum gross floor area of 150m2 applies:
The applicant is proposing 967m² and as such does not comply with AO8.2 of the Low Density
Residential Zone Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO8 of the Low Density Residential Zone Code, which states:
PO8 Development:
a. is of a scale compatible with surrounding development and the particular
circumstances of the site;
b. has a low site impact to maximise the opportunity to retain site characteristics, such
as native vegetation and natural landforms;
c. allows the opportunity to provide soft landscaping between buildings;
d. does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site.
The following information assesses the proposed development against the individual elements of
PO8.
a Development is of a scale compatible with surrounding development and the
particular circumstances of the site; &
d Does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site.
Assessment
Existing Dwellings located opposite the site (western side Ross Crescent) are predominately large
two storey Dwellings (26 – 36 Ross Crescent). Due their size and proximity to each other, these
dwellings present as a compact amalgamation of built form along Ross Crescent’s western
alignment. The streetscape character at these locations involves substantial dwellings located
behind well maintained front landscaped frontages.
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Existing development to the northeast of the site comprise Dwellings and group title dwellings
which are noticeably less dense and are separated by significant areas of vegetation adjacent to
the coastal dunes within the Sunshine beach foreshore reserve.
The proposed development will replace the existing dwelling at the site with a new dwelling which
is substantially larger than any dwelling surrounding the site. The applicant submits that the scale
of the Dwelling is appropriate when assessed against PO8 (a) & (d) for the following reasons:
The scale of development is similar to the existing dwelling with no further impacts likely to the site
or surrounding areas. To provide context, the 3,500m² site is considerably larger than the average
600m² lot in the area and the proposed GFA is over 2 storeys resulting in a modest footprint in
scale with the size of the lot. For example, if this lot were 5 average sized lots the GFA accumulated
could be upwards of 2,500m², far greater than the proposed 850m².
The dwelling’s footprint is similar to the existing dwelling, with the majority of the site’s existing
vegetation being retained. Furthermore, the development steps down the site and complements
the natural slope of the lot. Some additional cut is required to the front of the site however, most of
this cut already exists. The development is well articulated with a mix of natural material finishes
allowing the development to sit within the natural landform comfortably and not dominate the
surrounding…. The proposal satisfies PO8(a) as the proposed development and is designed to be
compatible with the scale of surrounding development and the unique circumstances of the site.
Given the expansive nature of the lot, the size of the dwelling is appropriate and maintains a
harmonious relationship with neighbouring properties.
The proposal satisfies PO8(d) as the development incorporates a strategy of stepping down with
the natural slope, thereby minimising the appearance of any bulk form seen from adjacent
properties, roads or other areas in the vicinity of the site. The developments architectural features,
landscaping, and stepped building heights, integrates harmoniously with the surrounding
environment. This approach enhances the visual aesthetics of the area while maintaining a scale
that is consistent with neighbouring structures. Overall, the development promotes a sense of
openness and contributes positively to the character of the neighbourhood.
The Applicant’s submission that the development footprint is similar to the existing house is not
agreed with as the new development footprint will be substantially larger in area (including external
landscaped terraces). Further the Applicant’s justification that the site area could yield a number
of individual lots and dwellings of a greater built form is also not agreed with as a previous
application for subdivision (RAL20/0027) was not supported or advanced through the Court for a
determination.
It is agreed that the site is the largest in the region and due to its topography falling steeply from
Ross Crescent will ensure that the majority of the building bulk will be positioned predominantly
below road level (see Figure 8). The proposed dwelling will not present as a prominent dwelling,
in building height, along the Ross Crescent streetscape. The proposed development’s extensive
integrated landscaped areas (at roof and terrace level) will assist with providing a degree of
softening of the development.
Existing development to the north of the site at 31 Ross Crescent will have restricted site lines to
most of the site given the significant existing landscaping along the length of the site's northern
boundary which is approximately 10 metres in height.
It is agreed that ‘the particular circumstance of the site’ involving a drop in topography, no
neighbouring development to the east and south, lot size and landscaping along the northern
boundary limits the direct interface to adjoining neighbours and impact on the streetscape.
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Figure 8 – Architect render of proposed development viewed from Ross Crescent looking east.
Council’s information request sought further clarification and response regarding PO20 of the Low
density residential zone code which requires development to be more responsive to the natural
topography ‘rather than dominating it’. Council noted the potential visibility and bulk of the building
when viewed from the eastern side (beachfront).
The Applicant’s response outlined the proposed development’s split level building form and
incorporation of extensive ‘contained planting’ areas across the facades of the building softened
the extensive use of ‘off form’ concrete when viewed from publicly accessible areas such as the
beachfront (See Figure 9). The response to the information request did not include any physical
changes to the built form.
It is agreed that the proposed development does include extensive areas of contained planting
across the building’s facades at all levels and complies with side and rear setbacks and maximum
building height.
It is noted that there are a few dwellings (say ~5 dwellings) located within the Webb Road and Park
Crescent locality (approximately 250 metres to the north of the site) which are a set back from the
seaward boundary at a comparable distance (see Figure 7) and are visible from the beachfront. In
comparison however the subject site is located in a more isolated and vegetated area and should
ensure that built form and landscaping work in conjunction to minimise any visual impact.
It is still Council’s opinion that portions of the building, particularly the eastern projection may be
visible from publicly accessible areas ie beachfront and the immediate region.
The eastern building form and façade does not incorporate colours as encouraged under PO5 and
AO5 of the Coastal protection and scenic amenity overlay code and AO20.4 of the Low Density
residential zone code which supports muted earth environmental tones that blend with the natural
environment. The codes require a colour palette which ranges from green to brown and blue grey.
The off form ‘cream’ concrete colour (Figure 9) proposed by the applicant conflicts with the above
codes.
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Figure 9 – upper image indicates proposed development when viewed from beach.
Lower image indicates applicant response to information request showing addition of increased plants along
building facade.
b. has a low site impact to maximise the opportunity to retain site characteristics, such
as native vegetation and natural landforms;
c. allows the opportunity to provide soft landscaping between buildings;
Assessment
As shown at Figure 10 the Applicant states that 12 trees will be required to be removed to locate
the new Dwelling. The applicant submits:
The proposal satisfies PO8(b) as the development prioritises a low site impact to maximise the
retention of existing site characteristics, including native vegetation and natural landforms. The
careful placement of the building minimises disruption to the landscape and allows for the
preservation of important ecological features. The proposed development preserves the existing
vegetation and relocates where possible.
Identified trees have been retained and indigenous planting species remain in place that contribute
to screening and visually softening the development. These natural elements have been retained
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and or relocated within the site to provide natural buffering and enhance the visual continuity
between the built environment and the surrounding landscape.
The northern portion of the dwelling will locate generally within areas of the site which contain
either the existing dwelling or lawned areas around the dwelling and will have a reduced impact on
site vegetation. In contrast however the southern and eastern building envelope (shown below in
yellow shade) will require removal of vegetation to towards the site’s southern extent. It is also
noted that no part of the site is contained within Council’s Biodiversity, waterways and wetlands
overlay.
A site inspection notes a number of larger specimen trees set amongst relatively sparse vegetation
and a ground level comprising mown lawn, exotic landscaping and weed growth (see Figure 10).
Discussions with the Senior Environment Officer provides no objection to the vegetation removal.
In accordance with AO5 of the Coastal Protection and scenic amenity overlay code the seaward
rear setback is required to be planted with ground covers, shrubs and trees. No information has
been submitted by the Applicant regarding landscaping within this setback and therefore the length
of the eastern boundary will be conditioned to ensure a net site improvement of landscaping
adjacent to the coastal dunes.
Figure 10 - Extent of existing landscaping within the site to be removed [red plants].
Lower images taken looking to the south and existing vegetation
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Front setback
Acceptable Outcome AO9.1 of the Low Density Residential Zone Code states:
AO9.1 Buildings and structures have a setback of 6 metres from the road frontage, provided that
setback to one frontage may be reduced to 4.5 metres where the lot:
d. has frontage to more than one road; and
e. is less than 600m2 in area; or
f. is less than 15 metres in width.
The applicant is proposing a 5.3 metre setback to the entry awning (Figure 11) and as such does
not comply with AO9.1of the Low Density Residential Zone Code. The proposal is therefore
required to comply with corresponding Performance Outcome PO9 of the Low Density Residential
Zone Code, which states:
PO9 Buildings and structures are designed and sited to:
a. provide a high level of amenity to users of the subject site and adjoining premises,
including provision of visual and acoustic privacy and access to sunlight;
b. not unreasonably obstruct views or cause overlooking of private open space or
habitable areas of adjoining premises;
c. provide adequate distance from adjoining land uses;
d. preserve existing vegetation that will help buffer development;
e. allow for space and landscaping to be provided between buildings including
adequate area at ground level for landscaping with trees, shrubs and outdoor living;
f. be consistent with the predominant character of the streetscape; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
Assessment
The subject site falls away steeply from Ross Crescent and therefore the applicant proposes an
entry gate house and stairs adjacent to the front property boundary leading to the lower level.
The entry awning to Ross Crescent is set back approximately 5.3 metres and is approximately 9.6
metres in length. The minor intrusion into the front set back is located within the middle of the
frontage and does not impact on the amenity of adjoining premises. The set back of the awning is
supported.
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Figure 11 – Dwellings visible from the beachfront located within Park Crescent approximately 250 metres to
the north of the site.
Rooftop Terrace
Acceptable Outcome AO16.3 of the Low Density Residential Zone Code states:
AO16.3 Development does not include rooftop terraces.
The applicant is proposing a roof top terrace of approximately 32m² (Figure 12) and as such does
not comply with AO16.3 of the Low Density Residential Zone Code. The proposal is therefore
required to comply with corresponding Performance Outcome PO16 of the Low Density Residential
Zone Code, which states:
PO16 Roof designs:
a. contribute positively to the character of the streetscape;
b. incorporate eaves and roof overhangs;
c. avoid boxy elevations on the front facade of the building;
d. do not present an appearance of excessive bulk to the street or neighbouring
properties;
e. do not create opportunities for residents or building users to overlook the
private open space or view into habitable windows or doors of neighbouring
properties.
Assessment
The location of the rooftop terrace will be set back a minimum of 10.0 metres from the Ross
Crescent frontage and due to the topography of the site will not create opportunities for overlooking
to any adjacent properties. The terrace area is approximately 32m² in area, is not a highly visible
aspect of the roof form and is supported.
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Figure 12 – Proposed rooftop terrace location.
Coastal Protection and Scenic Amenity Code Overlay code
The proposal is in a beachfront location and frontline to the impacts of coastal erosion.
The proposed development is required to address the overall outcomes and performance
outcomes of the code which state;
Overall Outcomes
2(a) Development allows for natural processes of erosion and accretion to occur naturally,
including as a result of sea level rise.
2(b) Development ensures landforms, creeks, dunes, vegetation and biodiversity in coastal areas
are not impacted by development to mitigate coastal hazard risks and to protect
environmental values;
Performance Outcomes
PO1 Development allows for natural fluctuations of the coast and foreshores to occur, including
allowance of climate change
PO2 Development is located, designed and constructed to:
(a) maintain dune crest heights and minimise and mitigate the risk to development from wave
overtopping and storm tide inundation; and
(b) maintain or enhance coastal ecosystems and natural features such as coastal creeks and
marine plants including mangroves, salt marshes and coastal wetlands, to assist in protecting
and buffering communities and infrastructure from sea-level rise and coastal inundation
impacts.
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Assessment
Noosa Council engaged ‘BMT Commercial Australia - consulting coastal engineers’ to peer review
the Applicant’s coastal erosion assessments. These included a Royal Haskoning DHV [RHDHV]
report dated 18 June 2024 and an updated report by Moffatt and Nichol dated 22 January 2025.
Areas of dispute between the consultants related to the relevant storm tide level applicable to the
site and the impact this would have on the extent / width of any erosion prone encroachment.
Ultimately both consultants agreed that an erosion prone area of 85 metres measured from the
seaward toe of the frontal dune (2.3 metres AHD) was applicable, based on a storm tide level of
1.79 metres AHD. A storm tide level of 1.79 metres AHD is approximately a 1 in 300-year ARI
event.
The Moffat and Nichol (2025) assessment has included a reassessment of the EPA, applying the
requested storm tide level of 1.79m AHD. I confirm that we have reviewed the information provided
and accept the recalculated EPA width of 85m.
Source: BMT Commercial Australia, 29.01.2025
An 85-metre erosion prone area encroaches into the eastern portion of the site by approximately
11 metres. This degree of encroachment involves approximately 5 metres of the proposed eastern
building.
Further discussion with BMT Commercial Australia about whether the building footprint should be
moved out of the erosion area concluded that a condition could be applied to ensure that any
building footings within the erosion area was to ensure free movement of sediments through natural
processes.
The condition provided by BMT Commercial Australia for Council is included within the decision.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
- The most significant concerns with the site were the potential for coastal erosion. It is
understood that this issue has been addressed separately by the planning officer.
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- The submitted material includes a site specific geotechnical report and a site specific
stormwater management plan. Conditions requiring the endorsement of these reports
through the building permit have been included.
• Senior Environment Officer, Development Assessment
- As conditioned.
• Other Referrals
The application was forwarded to the following external experts for review and/or
comment:
Coastal Erosion assessment
- While we agree that the site will not be subject to direct wave action (it is too elevated),
there is potential for the site to be impacted by slumping of the dune – which is considered
in the erosion prone area extent. Natural recovery of the beach after storm events will be
focussed on the beach area at the base of the dune through the re-establishment of the
primary and secondary dune systems – and will not extend up the tertiary dune to the site.
- There is also no certainty (unless the applicant can provide geotechnical evidence) that
there is a coffee rock layer under the dune in this location. Coffee rock is not bedrock – it
is still erodible and can be patchy – in other parts of the Sunshine Coast geotechnical
investigations have found that some of the coffee rock layers have been very thin and are
highly localised.
- We do not dispute the factor of safety calculation, but it is intended to cover uncertainties
in all elements of the assessment – not just the dune slumping component.
- By disputing the contribution of isolating the 180m3 of sand from the active beach system
as ‘unlikely to have a significant adverse impact’, the issue then becomes one of
precedence – if this development is permitted to do it then the other development
applications will also seek to do it, which could result in a much more substantial impact.
- As Techtonic advises that they were just providing options for supporting the building, this
matter could be readily addressed in detailed design by conditioning the development as
follows:
“The building footprint in the Erosion prone area is to be supported by a piling system
designed by an appropriately qualified and experienced engineer. Contiguous pile walls or
piles with a grout curtain are to be located no further east than the landward extent of the
erosion prone area. Within the erosion prone area, piles are to be located outside of the
6m Council boundary setback area and designed as individual piles to allow movement of
sediments through natural processes.”
5. CONCLUSION & REASONS FOR DECISION
The proposed development for a Material Change of Use - Dwelling House is consistent with the
zoning intent for the site and the applicable codes and benchmarks for the development.
The proposed development has been specifically assessed against PO8 of the Low-Density
Residential zone code regarding proposed GFA. While the proposed development exceeds AO8.2
maximum GFA of 500m², the circumstances of the site in relation to the subject site’s topography,
unique size and dimension (it is the largest lot in the region) enables the majority of the bulk of the
development to be located below road level, which ensures that the impact of the increase in GFA
and resulting building bulk to adjoining development to the north and west can be managed and
mitigated.
A peer review has determined that the current building envelope within the defined erosion prone
area for the site can be conditioned to ensure that the natural coastal processes of sand erosion
and replenishment can occur freely without being impacted by introduced built form.
It is Council's opinion that portions of the proposed Dwelling’s eastern extent may be visible from
the beachfront and potentially other areas to the south-west of the site and conflicts with PO8 (d)
and AO20.4 of the Low-Density Residential zone code. This is primarily because most existing
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dwellings which are visible, form part of a more distant setback rather than a closer, more clearly
defined presentation to the beachfront located within an isolated landscape setting.
It is acknowledged that the proposed development complies with building height, site cover,
building setbacks as listed under the Low density residential zone code and seaward setback as
stated under the Coastal protection and scenic amenity overlay code.
It is reasonable to include conditions which require that the eastern projection of the proposed
dwelling incorporate additional finishes and colours which minimise the extent of the cream
coloured concrete at this location to integrate the eastern portion of the dwelling into the coastal
landscape.
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU24/0094 for a Material Change of Use - Dwelling house situated
at 33 Ross Cres Sunshine Beach Qld 4567 and described as Lot 6 RP 216711, it is recommended
the application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU24/0094
Street address: 33 Ross Cres Sunshine Beach Qld 4567
Real property description: Lot 6 RP 216711
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Dwelling house
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the building commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the use has not happened by 8 April 2031, unless an
application to extend the currency period is approved by Council.
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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the tables below. The plans must be amended to incorporate
the amendments listed within the table below and resubmitted to Council prior to the issue
of any Development Permit for Building Works*
Plan No. Rev. Plan/Document Name Date
200.00 C General arrangement - Lower ground floor plan 17.06.2024
prepared by Shaun Lockyer Architects
200.01 C General arrangement – Upper ground floor plan 17.06.2024
prepared by Shaun Lockyer Architects
200.02 C General arrangement – First Floor plan prepared 17.06.2024
by Shaun Lockyer Architects
210.00 C General arrangement – Roof plan prepared by 17.06.2024
Shaun Lockyer Architects
300.03 B Building elevations – West elevation prepared by 17.06.2024
Shaun Lockyer Architects
400.00 C Building Sections – Section a prepared by Shaun 17.06.2024
Lockyer Architects
400.01 C Building Sections – Section b prepared by Shaun 17.06.2024
Lockyer Architects
400.02 C Building Sections – Section c prepared by Shaun 17.06.2024
Lockyer Architects
400.03 C Building Sections – Section d prepared by Shaun 17.06.2024
Lockyer Architects
400.04 C Building Sections – Section e prepared by Shaun 17.06.2024
Lockyer Architects
400.05 C Building Sections – Section f prepared by Shaun 17.06.2024
Lockyer Architects
The following plans require amendment.
Plan No. Re Plan/Document Name Date
v.
300.00 B Building elevation - Northern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
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300.01 B Building elevations – Eastern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
300.02 B Building elevations – Southern elevation prepared by Shaun 17.06.2
Lockyer Architects 024
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Amendm The elevations shall be amended (where annotated on the plans) to reduce
ents the visual presentation of off form concrete and increase the area of the
elevations which include colours and hues of the surrounding natural
landscape.
Note: AO5 of the Coastal protection and scenic amenity overlay code provide
further reference.
The following is a useful guide for ensuring that buildings blend with the natural surrounds.
External building materials that are lightweight and comprise predominantly timber or board,
stainless steel, glass, and corrugated iron will generally be more in keeping with the
beach/riverside character than concrete rendered block.
Use external colours and roof finishes which are non-reflective and which do not cause glare.
Shades that match the colours and tones of surrounding vegetation will ensure the buildings
are less visually prominent from the beach or the water.
Appropriate wall colours will depend on the existing native vegetation and backdrop, but may
include muted earth/environmental tones that blend with the natural environment, such as–
• green;
• olive green;
• blue green;
• grey green;
• green blue;
• indigo;
• brown;
• blue grey; and
• green yellow.
*(Refer to Advisory Note)
Nature and Extent of Approved Use
4. This approval is for a Dwelling house.
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Building Height
5. The maximum height of the development must not exceed 8.0 metres above the natural and
finished ground level. Including where excavation is undertaken the exposed portion of the
external façade of the building.
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
External Colours & Finishes
7. External colours and finishes must be of muted environmental tones that blend with the
surrounding vegetation and landscape, with broad expanses of a single colour or reflective
surfaces not permitted.
*(Refer to Advisory Note)
8. All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible from the street frontages nor adjoining properties.
9. Waste storage areas, clothes drying areas and external storage areas must be screened
from view of the street.
Fencing and Walls
10. Any street fencing or structures must not exceed 2.0 metres in height above ground level.
ENGINEERING
Site Access and Driveways
11. A sealed access driveway must be provided from Ross Crescent to all parking and
manoeuvring areas of the development. The works must be generally in accordance with the
approved plans and undertaken in accordance with an Operational Works approval.
Stormwater Drainage
12. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The on-site disposal must be in
accordance with the recommendations of a site specific geotechnical report and endorsed
through a Building Permit.
Easements
13. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
14. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
15. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
16. All works must be carried out in accordance with a site specific Geotechnical Report prepared
by a qualified person* and endorsed through the building permit.
*(Refer to Advisory Note)
17. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the recommendations contained in
the site specific Geotechnical Report and that the development has a minimum factor of
safety against landslip of 1.5 in the long term.
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*(Refer to advisory Note)
Earthworks and Retaining Walls
18. All earthworks and associated retaining structures/batters, both above and below ground
level, both temporary and permanent, must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to Council. All
earthworks must be undertaken in accordance with the provisions of Australian Standard
AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
19. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Works within Erosion prone area
20. The building footprint in the Erosion prone area (85 metres as shown in the Moffatt and Nichol
report dated 22 January 2025) is to be supported by a piling system designed by an
appropriately RPEQ qualified and experienced engineer.
21. Contiguous pile walls or piles with a grout curtain are to be located no further east than the
landward extent of the erosion prone area.
22. Within the erosion prone area, piles are to be located outside of the 6.0 metre Council rear
boundary setback and designed as individual piles to allow movement of sediments through
natural processes.
23. The construction of any footings or piling is not to damage any vegetation within the Sunshine
Beach Foreshore Reserve.
LANDSCAPE CONDITIONS
Landscaping Works
24. A minimum of 20% of the site must be retained as soft landscaping.
25. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
26. All works must be constructed, and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Fauna Management
27. Prior to felling or pruning, all trees are to be checked for wildlife (i.e. koalas, possums, birds
etc.) If wildlife is present, the tree vegetation must not be felled or pruned until the wildlife
has left vegetation or has been relocated by a qualified fauna spotter catcher.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
28. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Legal disposal of all removed vegetation and debris.
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*(Refer to Advisory Note)
Revegetation of the coastal setback
29. Prior to the commencement of use the applicant shall undertake revegetation of the coastal
setback. The revegetation, shall be 5.0 metres in width from the seaward or rear boundary
of the site and shall include a mix of native landscaping such as ground covers, shrubs and
trees to provide adequate landscape buffering to protect the coastal dune system.
Plantings are sourced from the Noosa Plan 2020 - PSP2 Landscaping planning scheme
policy and maintained for the life of the use at the site.
(* Refer to Advisory Note)
30. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
Retention of Existing Trees
31. Existing trees in the road reserve must be assessed by a qualified person* and retained and
protected where possible. Where mature trees are to be removed, reasonable grounds must
be given by the qualified person*.
DEMOLITION WORKS
32. Unless specifically conditioned otherwise, all works must comply with the relevant acceptable
solutions as contained in the Waste Management Code and Water Quality and Drainage
Code of the Noosa Plan 2020.
Works
33. Demolition must be undertaken in a manner that causes no detrimental effect upon the
amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne
hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions
in accordance with the nuisance provisions of the Environmental Protection Act 1994.
Waste Management
34. Adequate area must be provided on-site for the collection and separate storage of recyclable,
non-recyclable, vegetative and hazardous materials in their specific waste streams during
removal or demolition works.
35. All waste materials must be removed from the site to avoid causing unhealthy conditions,
with the site left clean, tidy and free from any debris.
36. Where a development permit has not been issued for the future use of the site, hard surfaced
areas including concrete slabs must be removed and disturbed areas must be revegetated
in accordance with PSP2 Landscaping of the Noosa Plan 2020. Alternatively, the site must
be turfed within 20 business days of completing the removal or demolition work. Health and
Safety
37. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging, are removed from the building prior to demolition or relocation.
38. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
39. Asbestos removal work (Section 466) of the Work Health and Safety Regulation 2011
requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
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40. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. Note: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
General
41. Infrastructure including reticulated water, sewerage, stormwater, and electricity must be
protected from damage and made safe to the standard required by the regulatory authority.
42. Any damage to footpaths, street plantings, natural vegetation/trees, kerb and channel,
bridges or roadways at the removal/demolition site must be repaired or reinstated to at least
pre-existing conditions.
Plumbing and Drainage
43. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that at
demolition of a building, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
notifiable Work and must be carried out by a suitably licenced plumber who must submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
MNA_205215_33 00 33 ROSS CRESCENT, SUNSHINE BEACH 22 January 2025
Ross Crescent
Coastal Hazard Assessment prepared by
Sunshine Beach
Moffatt and Nichol
24096-001 0 Geotechnical Investigation prepared by 18 June 2024
Tectonic Geotechnical & Environmental
Engineers
S24-043 Stormwater Management Report prepared by 3 July 2024
Westera Partners
S24-043 Letter titled Response to Council’s Request for 4 September 2024
Information prepared by Westera Partners
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
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Building and Construction Industry (Portable Long Service Leave) Levy
2. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Qualified Person
3. For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
for the development, a qualified person is considered to be a person who:
a. is a Registered Professional Engineer of Queensland (RPEQ); and
b. has a degree in civil engineering or engineering geology; and
c. has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
4. For the purpose of Landscaping, a qualified person is considered to be a person with either:
a. ISA certification; or
b. a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
the field of arboriculture.
Resubmission of Amended Plans Required
5. The conditions of this Decision Notice require resubmission of plans to Council with
amendments. Please address the amended plan/s to Council’s Development Assessment
Branch with the Reference No. MCU24/0094. However, should the plans not be submitted,
the applicant is advised that a Preliminary Approval may be issued in lieu of a Development
Permit.
Construction Management Plan
6. Prior to works commencing a Construction Management Plan must be submitted to Council
as part of a Road Reserve Permit. Note any damage to the existing road system as a result
of haulage operations shall be fully repaired at the applicant’s expense
Fires in Urban Areas
7. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Works within Road reserve
8. Any works within the road reserve including vegetation clearing or storage of materials must
be approved through a road reserve permit by Council.
Equitable Access and Facilities
9. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards
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Building and Construction Industry (Portable Long Service Leave) Levy
10. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
11. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
12. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase of the Operational
Works including:
i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction
ii. maintenance of safe pedestrian and vehicle access for the areas affected by the
works during and after daily construction has ceased
iii. proposed fencing to the site during the construction phase of the development
iv. provision for worker car parking
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues.
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
Private Infrastructure
13. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority
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Road Reserve Permit
14. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit and any associated building permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected]. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access – Driveway.
Development Permit for Building Works All building work.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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