MCU15/0096 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU15/0096
	
Author:	Glen Conforti
APPLICATION DETAILS
Applicant:	Coastal Building Certifications Pty Ltd
Proposal:	Development Permit for Material Change of Use - Detached House
Properly Made Date:	13/10/2015
Information Request Date:	19/10/2015
Info Response Received Date:	02/11/2015
Date of Site Visit:	18/10/2015
Decision Due Date:	May 2016

PROPERTY DETAILS
Property Address:	50 Seaview Tce SUNSHINE BEACH  QLD  4567
RP Description:	Lot 61 RP 81810
Land Area:	620m2
Existing Use of Land:	Detached House

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Eastern Beaches
Planning Zone:	Detached Housing
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a Material Change of Use for a detached house on a lot affected by the Coastal Protection and the Biodiversity Overlays.

The applicant seeks to demolish the existing house and construct a 3 level house.  The ground floor is setback 5m and the lower ground floor is setback 8.25m from the seaward boundary. The development proposes to maintain the existing swimming pool located 1m from the rear (seaward) boundary. The garage is setback between 2.7m and 3.4m from the front boundary, the upper floor that presents to the street is setback 6m with an architectural beam supporting a wide eave is setback 4.4m. Given the split level design a terrace off bedroom 2 on the upper floor is considered a roof terrace.

The locality plan is shown in Figure 1 and Figure 2 is a 3D view and the proposal plans shown in Figures 3 and 4 and are included below:

Figure 1 - Locality Plan

Figure 2 - 3D view from the street

Figure 3 - Elevations

Figure 4  - Elevations

SITE DETAILS:
Background
Application No.	Decision and Date
2004/4743	28/04/2005 – Approval for extensions to an existing dwelling in a sand dune problem area.
2004/4743.01	19/01/2006 – Approve a change to the original approval including the construction of a pool adjacent to the seaward boundary.
Site Description
Site & Locality Description
Road Frontage	The site has approximately 15m of frontage to Seaview Terrace.
Existing Significant Vegetation	Some mature pandanus are located throughout the site and within the road reserve.
Topography:	The site slopes from the road to the seaward boundary.
Surrounding Land Uses:	Detached houses typical of the beach side location.

The following planning scheme overlays are applicable to this application

Biodiversity Overlay – Environmental Protection
Natural Resources Overlay – Coastal Protection

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan,
any applicable state planning policies,
the state planning regulatory provisions,
any applicable temporary local planning instrument

State Planning Policy – State Interest – Coastal Hazards (Erosion Prone Area)

The development is located landward of the seaward alignment of the neighbouring buildings and is setback further than the existing building on the site. The proposal is compliant with the interim development requirements relating to the State interest.

The application has also been assessed against the planning scheme, including the following applicable codes:

Detached House Code
Biodiversity Overlay Code
Natural Resources Overlay Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Biodiversity Overlay Code

The Biodiversity Overlay affects a small portion of the land to the rear of the site which includes the existing swimming pool. The applicant does not propose any additional works within the area affected by the Environmental Protection Overlay. Conditions are recommended to landscape the south eastern corner of the site adjacent to the pool and the seaward boundary to ensure dune stability and a vegetated view from the beach.

Coastal Protection Overlay Code

The Coastal Protection Overlay Code requires buildings and structures do not extend seaward of the Coastal Building Line. Figure 5 below shows the location of the Coastal Building Line.

Figure 5 - Coastal Building Line identified by a red dashed line.

As seen in Figure 5 above the majority of development on the seaward side of Seaview Terrace extends seaward of the Coastal Building Line. The proposed dwelling has a greater setback and less built form seaward of the Coastal Building Line than that exists. Figure 6 shows the existing building overlayed with the proposed building.

Figure 6 - Setback analysis

Given that the majority of development that adjoin the coastal reserve extend forward of the Coastal Building Line and the proposal increases the built form setback to this boundary, the proposed siting is supported as it is consistent with the adjoining and surrounding dwellings setbacks.

To protect the coastal dunes, the code requires 5m of landscaping to the rear boundary. The pool exists within this area that is required for landscaping. There is no change to the pool location as part of this application and a condition is recommended to ensure landscaping is provided between the pool and the seaward boundary.

The development is designed and sited so as not to further compromise the safety of people and property to that exists. Conditions are also recommended for the development to be finished in suitable muted tones to ensure the design is consistent with the surrounding development when viewed from the beach.

Detached House Code

Setbacks

The 6m wide garage setback to the front boundary varies from 2.7m and 3.4m with an architectural feature beam setback 4.6m. The upper floor above the garage is setback 6m.

The Outcomes of the Code seek that 10a structures be designed and sited to avoid dominating the street while maintaining the visual continuity and landscape elements within the street.

Given the lots on the seaward side of Seaview Terrace slope steeply away from the street, many existing garages are close to the front property boundary. The following lots have a setback less than 6m:

Table 1 - Setback analysis of development on the seaward side of Seaview Terrace.
House number in Seaview Terrace	Setback (approx.)
50 proposal	2.7m – 3.4m
46 (southern neighbour)	5m
52 (northern neighbour)	2.9m
54	3.7m
58	1.8m
60	2.8m
64	1m

The garage is 6m wide and projects 3m- 3.5m forward of the main building facade. The garage setback has no effect on the northern neighbour, is adjacent to a western courtyard of the southern neighbour, and has a similar setback to other garages in Seaview Terrace. The proposed setback is consistent with the character of the area. Furthermore, the previous material change of use applicant provided consent from the owner of the southern adjoining property for the siting of previous design of the garage and laundry which had a greater length of wall built to the boundary.

The dwellings upper floor is setback 2m to the northern boundary which complies with the provisions of planning scheme; however a screening device sited at 1.5m does not comply with the Code. The reduced setback of 1.5m is adequate to provide landscaping, and as the adjoining property is orientated to the east, has no significant effect on privacy or access to light.

Structures within side setback

A landing and stairs are located within the southern setback and are greater than 1m above the NGL and have the potential to cause overlooking of the neighbouring property. The landing and stairs provide access to the drying deck at a lower level. The applicant proposes a light weight screening device that ranges between 0.9m and 1.45m above the 2m high fence to maintain privacy between uses. This results in a built form to a maximum height of up to 3.5m above the NGL. Given the materials above the fence are light weight and for a length of 4m, the screening device is supported.

Roof Terrace

A terrace off bedroom 2 on the upper level is considered a roof terrace as it is the roof to 2 levels below. Figures 7 and 8 below show the location of the roof terrace within the development.

Figure 7 - Location of the roof terrace off the upper level

Figure 8 - Elevation showing roof terrace location

The proposed roof terrace does not cause any overlooking concerns as frosted glass is proposed to the southern side where overlooking could occur of the southern neighbour and the terrace is located where it will not cause any overlooking of the northern neighbour private open space. Given the roof terrace will not cause any overlooking issues, it meets the outcome of the Code and is supported subject to conditions to ensure privacy is maintained between residences.

CONSULTATION:
Referrals
The application was forwarded to the following internal council specialists:

Ecology Specialist, Development  Assessment Branch
Engineering Officer
Their assessment forms part of this report.

CONCLUSION:

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.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU15/0096 for a Development Permit for Material Change of Use - Detached House and existing swimming pool situated at 50 Seaview Tce SUNSHINE BEACH  QLD  4567 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU15/0096

1.	APPLICATION DETAILS

Application No:	MCU15/0096
Street Address:	50 Seaview Tce SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 61 RP 81810
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Detached House and existing swimming pool

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
C0.0		Site, prepared by Chris Clout Design	10/03/16
C1.0		Lower Floor Plan, prepared by Chris Clout Design	10/03/16
C2.0		Ground Floor Plan, prepared by Chris Clout Design	10/03/16
C3.0		Upper Floor Plan, prepared by Chris Clout Design	10/03/16
C4.0		Elevations, prepared by Chris Clout Design	10/03/16
C5.0		Elevations, prepared by Chris Clout Design	10/03/16
C6.0		Sections, prepared by Chris Clout Design	10/03/16
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Built Form
No buildings or structures are permitted seaward of the swimming pool. In this regard, the existing swimming pool must not extend any further seaward, including catch pools or wet edges.
The gatehouse must comply with the provisions of the Queensland Development Code.
The roof terrace must include fixed external screens, positioned in such a way to obscure views into the adjoining property to the south.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing trees within road reserve and Park area (area seaward of the property boundary) must be retained. In this regard, the existing Pandanus within the road reserve may be removed for the new driveway and relocated to the northern side of the property within the road reserve or alternatively a 45 litre tree of a suitable species must be planted in the road reserve.
Landscaping must be provided for a minimum of 5m from the rear boundary along the southern boundary. The planted vegetation must consist of native, endemic species.
Any trees, including vegetation to be retained seaward of the eastern boundary must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
The existing landscaping between the existing swimming pool and the seaward boundary must be enhanced to effectively screen the swimming pool shell. Plantings must be in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 2-3 metres.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Geotechnical Stability
All works must be carried out in accordance with a Geotechnical Report for the site prepared by a qualified person*. Certification must be submitted to Council from a qualified person* which certifies that the site is not at risk from landslide emanating from the site or from other land. (*Refer to Advisory Notes)
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

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:

PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
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:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and

the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Qualified Person
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:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self assessable against the Detached House Driveways Code.  If the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (All Building Works)

11.	SELF ASSESSABLE CODES

The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Detached House Driveways Code

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

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DELEGATED AUTHORITY REPORT

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