Original source · versioned page text
DBW21/0216 - Application For Building Works For A Dwelling House At 60 Seaview Terrace, Sunshine Beach · Attachment 1 – DBW21 0216 – Planner’S Report
ATTACHMENT 1 – DBW21/0216 – PLANNER’S REPORT REPORT A report on this application was considered at the General Committee Meeting on 24 October 2022 and was subsequently referred to the Ordinary Meeting on 27 October 2022 for further discussion. The applicant stopped the decision-making period before the Ordinary Meeting to further discuss the issues raised at the General Committee Meeting. As such, a decision was not able to be made at the October Ordinary Meeting. Further plans have since been submitted by the applicant that amends the proposed rooftop terrace to address potential overlooking to neighbouring properties. 1. PROPOSAL The proposal seeks to develop a new dwelling house on the subject site, the existing dwelling is to be demolished. The proposed dwelling house is to be located over three levels and includes a rooftop terrace. The lower level comprises a bedroom, two bathrooms, a wellness room, study, laundry, storage areas and a lift to the ground floor. The ground level consists of a two-car garage, kitchen, living and dining areas, a seaward facing balcony, terrace area and pool. The upper level consists of the master bedroom and an uncovered rooftop terrace. Figure 1 – Locality Page 1 of 20
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
The download may take up to a minute.
Full text of the other 19 pages
Page 2
Figure 2 – Site Plan
Figure 3 – Floor Plans
Page 2 of 20
one -L —_—— ANS Rue eS AWS SH uy YO EN Hy) = \ | Wea | AISNE, i | MT ~) NIESE VW ICS Ne | | ee Si YS eee eT Figure 2 — Site Plan SS =o — aoa |e i esa a mle Ue | py | oe ] } Jews E ] } rE E } TAT oy | ; ey i\. , A‘ Z Roo bes 2) pS gee See c= , a eee aS Za 5 ee ~ Z : —— Z “ey e .s ep. SH “yh Figure 3 — Floor Plans Page 2 of 20Page 3
Figure 4 – East and West Elevations
Figure 5 – North and South Elevations
Page 3 of 20
_ wp aap es eee 2 Ce = SSS) SoS rl.sCS@d i: ee 2 | --—__-t} ae SVT TEL (et || Figure 4 — East and West Elevations | | 3 | set —---------------- 1 | ee i L = “es CCIE ee = J a - ~ Is — | | FE 1 AEST a 41 T2-S Figure 5 — North and South Elevations Page 3 of 20Page 4
Figure 6 – Section Plans
Figure 7 – Perspective View Looking Northeast from Seaview Terrace
Page 4 of 20
Page 5
Figure 8 – Perspective View Looking West from Sunshine Beach
Figure 9 – Perspective View Looking Southeast from Seaview Terrace
1. SITE DETAILS
1.1. Background
A Material Change of Use for a Dwelling House in a Sand Dune Problem Area was approved on
12 July 1999.
Page 5 of 20
Page 6
1.2. Site Description
The site is a regularly shaped residential lot with an approximate area of 550m2. The subject site
has a 16.7 metre frontage to Seaview Terrace and exhibits a moderate slope from west to east.
The site is currently improved by a dwelling house which is to be demolished. A small amount of
existing vegetation is located in the north-western and south-eastern corners of the site.
1.3. Surrounding Land Uses
North: No. 62 Seaview Terrace is located directly to the north of the subject site. The site includes
a dwelling house with a rear setback of 7.3 metres.
South: No. 58 Seaview Terrace is located directly to the south of the subject site – the site includes
a residential dwelling with a rear setback of 4.4 metres and a garage within close proximity of the
front boundary.
East: Vegetated dune system to Sunshine Beach
West: 57, 59 and 61 Seaview Terrace are located to the west of the subject site – 57 Seaview
Terrace contains an older dwelling house, and 61 Seaview Terrace has recently been redeveloped.
59 Seaview Terrace is currently being redeveloped. All three dwellings are located on land that is
higher than the subject site.
2. ASSESSMENT
2.1. 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;
• Noosa Plan 2020.
2.2. State and Other Statutory Instruments
State Planning Policy
The State Planning Policy July 2017 (SPP) outlines matters relating to coastal processes and the
compatibility of urban land uses on sensitive sites. Measures have been outlined within the State
Planning Policy (State Interest Guideline – Coastal Environment) to avoid incompatible
development on sites subject to coastal hazards and that may pose a risk to natural processes.
This application is for a new dwelling house located on a residential zoned lot in the Coastal
Management District. A Geotechnical Investigation and a Coastal Hazards Assessment have been
submitted with the application material that outlines measures to mitigate the impacts of coastal
processes on people and property.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Page 6 of 20
Page 7
2.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Low Density Residential Zone Code;
• Low Density Housing Code;
• Coastal Protection and Scenic Amenity Overlay Code.
Locality Provisions
The subject site is located in the Sunshine Beach Locality and is zoned Low Density Residential.
The proposed development is required to follow a code assessable application process.
The pertinent issues arising out of the assessment are discussed below:
Criteria Planning Scheme Proposal Complies
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 8.37 metres X
Site cover 40% max 30% lower level X
51.6% ground level
14.7% upper level
Gross floor area 500m² max 398.35²
Boundary setbacks
• Frontage 6 metres min 0 metres to pool X
3 metres to garage X
• Side (north) 1.5/2.0/2.5 metres min 0 metres to pool/ stairs X
1.5 metres to upper level X
• Side (south) 1.5/2.0/2.5 metres min 0 metres to garage X
1.45 metres to windows X
2 metres to dwelling
• Rear
Coastal building line 4 metres to cantilevered deck X
Where a coastal building line Dwelling is 10 metres seaward
exists on a lot, all buildings, of coastal building line
structures and retaining walls
do not extend seaward of the
coastal building line for the site,
other than –
1. Uncovered and
unenclosed cantilevered
balconies that do not
extend greater than 3
Page 7 of 20
Page 8
metres seaward of the
coastal building line; and
2. Are setback a minimum of
6 metres from the
seaward boundary
Built to Boundary 4.5m height 3.08-4.71m height X
Garage and Wall
3.5m mean height 4.49m mean height X
9m length 11m length X
Roof terrace No roof terrace Roof terrace X
Landscaping < 20% min (109.8m2) 208.78m²
Carparking 2 covered min 2 covered
Coastal Building Line/ Geotechnical Issues
The subject site is located in the Coastal Protection and Scenic Amenity Overlay and a Coastal
Building Line, which is setback 15 metres from the rear boundary, exists on the site (see Figure 10
below). The front 12 metres and rear 10 metres of the subject site is also located in a mapped
moderate landslide hazard area. The State has identified the subject site as being within the
Coastal Management District and an erosion prone area.
Figure 11 below shows Council’s coastal hazards mapping that identifies the subject site as being
within an erosion prone area and details the extent of the site expected to be subject to erosion by
the years 2020, 2040, 2070 and 2100.
Figure 10 – Coastal Building Line
Page 8 of 20
Page 9
Figure 11 – CHAP Coastal Hazards Mapping (Erosion Prone Area)
To address the known risks of instability and erosion the applicant has submitted a Geotechnical
Report and a Coastal Hazards Assessment, which have been reviewed by external consultants
(Geotechnical Engineer and Hydraulic Engineer). The submitted reports were amended after an
initial review by the external consultants and were determined to include methodology and
recommendations which appropriately address the landslide and erosion risks. The measures
proposed have been designed on the basis of a 500-year average recurrence interval storm event
and include:
• Micro-piling along the eastern edge of the residence with piles a minimum of 11 metres in
length at 1 metre spacings.
• The proposed residence and any ancillary structures (including retaining walls and pools)
must be supported by footings founded at least 1 metre into natural medium dense to
dense (or denser) sands.
• Excavations close to site boundaries may necessitate the installation of temporary shoring
prior to excavation.
• Landscaping fill to the rear of the residence shall be limited to 0.5 m high, with surcharges
elsewhere (e.g. from structures, fill, etc.) not to exceed 10 kPa.
• Ground vibrations during construction to be minimised and monitored.
• Revegetation of bare slopes around the development area and improvement to the
vegetation (e.g. with site appropriate natural species) on the natural high dune face
downslope of the residence.
• All collected roof water to be directed by pipes to the council stormwater system along
Seaview Terrace.
Overall Council’s consultants conclude that the Coastal Hazard Assessment and Geotechnical
Investigation have included recommendations that will sufficiently mitigate risks to the dwelling
house from coastal hazards during the lifespan of the development.
Rooftop Terrace
The proposed dwelling house includes a circular shaped rooftop terrace on the upper level
extending out from the master bedroom. The rooftop terrace is proposed to extend 7.1 metres
seaward from the master bedroom. A large planter and void areas are proposed from the edge of
the rooftop terrace out towards the rear of the dwelling. The planter and void areas have been
Page 9 of 20
Page 10
included to minimise the amount of useable area on the upper level to prevent overlooking to
neighbouring properties to the north and south.
The rooftop terrace area has been substantially reduced in size from the original proposal to
attempt to mitigate issues of overlooking to neighbouring properties.
Figure 12 – Comparison of Rooftop Terrace from Original Proposal Plans and Amended Proposal Plans
The applicant has provided amended plans that incorporate side walls ranging in height from 1
metre at the edge of the upper level to 2.8 metres where the terrace area meets the master
bedroom. While the height of the walls will address issues of overlooking to neighbouring
properties, the increase in wall height will result in a significant increase in the scale and bulk of
the overall building design to the rear of the dwelling.
The proposed planter area in its current form also has the capacity to be accessed by users of the
subject site and will not sufficiently obscure views into habitable rooms and private open space of
neighbouring properties.
The proposed rooftop terrace is not supported due to the issues of built form and potential
overlooking to adjoining properties, these concerns cannot be remedied by conditions and on this
basis, it is recommended that the application be refused. It is noted that the concerns with the built
form are attributed to a form of development which the planning scheme does not support, being
the rooftop terrace.
Building Height and Storeys
Acceptable Outcome AO7.1 of the Low Density Residential Zone Code requires that “buildings and
structures are no more than 8 metres in building height and do not exceed 2 storeys”.
Page 10 of 20
Page 11
The proposed dwelling house is predominately under the maximum 8 metres building height as
required by Acceptable Outcome AO7.1, with a portion of the roof on the upper level above 8
metres from finished ground level, as seen in Figures 13 and 14 below.
Figure 13 – Portion of Proposed Dwelling Over Height from Finished Ground Level
Figure 14 – Portion of Proposed Dwelling Over Height from Finished Ground Level
As the proposal does not comply with the required maximum 8 metre height limit, assessment
against Performance Outcome PO7 is required.
PO7
Buildings and structures:
a) are low rise and present a building height consistent with structures on adjoining and
surrounding premises and with the predominant character of the area;
b) are designed to provide an interesting streetscape and complement landform changes;
c) do not visually dominate the street or surrounding area;
d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
and
Page 11 of 20
Page 12
f) do not exceed two storeys.
It is considered that the proposal does not comply with Performance Outcome PO7 as the
proposed height of the dwelling house is not consistent with the predominant character of the area
and the area of non-compliance has the potential to visually dominate the surrounding area. The
predominant character of the eastern side of Seaview Terrace are dwelling houses below 8 metres
in building height and as such the proposed building height is not consistent with the character of
the street. Building heights for surrounding dwellings on the eastern side of Seaview Terrace are
below:
64 Seaview Terrace 5.85 metres
62 Seaview Terrace 6.63 metres
58 Seaview Terrace 7.98 metres
56 Seaview Terrace 8 metres
54 Seaview Terrace 8 metres
52 Seaview Terrace 7.72 metres
50 Seaview Terrace 7.99 metres
46-48 Seaview Terrace 7.99 metres
It is noted that the plans cause the proposal to appear as a three storey development in part. The
portion of the dwelling house that appears as three storeys is the stairs and lift area in the southern
corner of the dwelling.
Figure 15 – Section Plan of Dwelling House
Page 12 of 20
Page 13
Figure 16 – Areas of Dwelling House over Two Storeys
The definition of a storey in the Noosa Plan 2020 excludes a space containing only a lift shaft,
stairway or meter room and as such the area of non-compliance is excluded from being included
as a storey.
storey—
a) means a space within a building between 2 floor levels, or a floor level and a ceiling or roof,
other than—
i. a space containing only a lift shaft, stairway or meter room; or
ii. a space containing only a bathroom, shower room, laundry, toilet or other sanitary
compartment; or
iii. a space containing only a combination of the things stated in subparagraphs (i) or
(ii); or
iv. a basement with a ceiling that is not more than 1m above ground level; and
b) includes—
i. a mezzanine; and
ii. a roofed structure that is on, or part of, a rooftop, if the structure does not only
accommodate building plant and equipment.
The proposed dwelling house therefore complies with the maximum of two storeys as required by
Acceptable Outcome AO7.1.
Site Cover
Acceptable Outcome AO8.1 of the Low Density Residential Zone Code requires that site cover
does not exceed 50% for one storey, 30% for the other storey, or 40% for both storeys. The
proposed dwelling house consists of three levels, the site cover for each level is:
Storey Site Cover
Lower Level 30%
Ground Level 51.6%
Upper Level 14.7%
Page 13 of 20
Page 14
The lower and upper levels comply with the planning scheme requirements, and the ground level
exceeds the site cover requirements by 1.6%. The proposed site cover also exceeds 50% from a
bird’s eye view (as acceptable for one storey), also being 51.6%.
As the proposal exceeds site cover requirements as per Acceptable Outcome AO8.1, assessment
against the corresponding Performance Outcome PO8 is required.
PO8
Development:
1. is of a scale compatible with surrounding development and the particular
circumstances of the site;
2. has a low site impact to maximise the opportunity to retain site characteristics, such
as native vegetation and natural landforms;
3. allows the opportunity to provide soft landscaping between buildings;
4. does not present an appearance of bulk to adjacent properties, roads or other areas
in the vicinity of the site.
The proposed site cover is not considered to comply with Performance Outcome PO8 as the site
cover exceedance would result in a building that is not of a compatible scale to surrounding
developments on the street and would present an appearance of bulk to adjacent properties. The
proposal does not incorporate soft landscaping between buildings, which will further enhance the
appearance of bulk to neighbouring properties. The proposed site cover is not supported.
Setbacks
The proposed dwelling house seeks to vary the front, rear and side setbacks as required by
Acceptable Outcomes AO9.1, AO9.2 and AO9.3 of the Low Density Residential Zone Code. The
correlating Performance Outcome 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.
Front Setback
The applicant proposes a front setback of 3 metres in lieu of the required 6 metres. Structures
within the front setback include the garage and a pool on the front boundary. Due to the topography
of the site, the positioning of the garage within the front setback is the most practical location to
allow for safe vehicular access.
All other parts of the proposed dwelling house comply with front setback requirements. The
proposed front setback is considered to comply with Performance Outcome PO9 as it will not
detract from the high level of amenity provided to adjoining properties and will improve the amenity
to users of the subject site. The proposed front setback is consistent with the predominant
character of the streetscape, with a number of dwelling houses on the eastern side of Seaview
Terrace exhibiting garages and structures within the front setback (see table below). Landscaping
Page 14 of 20
Page 15
is also proposed within the reduced front setback to help buffer the development from neighbouring
properties.
64 Seaview Terrace 0.9 metres to garage
58 Seaview Terrace 2 metres to garage
52 Seaview Terrace 3 metres to garage and pool
50 Seaview Terrace 2.5 metres to garage
44 Seaview Terrace 2.56 metres to garage
Side Setbacks
Acceptable Outcome AO9.3 of the Low Density Residential Zone Code requires a minimum side
setback of 1.5 metres up to 4.5 metres in height, 2 metre setback between 4.5 metres and 7.5
metres in height, and a 2.5 metre setback above 7.5 metres in height.
The proposed dwelling house has a northern side setback of 0 metres to the pool and external
stairs leading from the terrace area to the rear of the site and 1.5 metres to the upper level of the
dwelling. The areas of non-compliance within the northern side setback include a portion of the
rear balcony, living room and the upper-level wall of the rooftop terrace. The reduced side setback
is not considered to comply with Performance Outcome PO9 of the Low Density Residential Zone
Code as it will potentially impact on the visual and acoustic amenity of neighbouring properties and
has the capacity to cause issues of overlooking and excessive bulk to the neighbouring property
to the north. The areas of non-compliance are highlighted in red in the following image.
Figure 17 – Northern Side Setback Non-Compliance
The applicant also proposes a built to boundary garage and bin storage area on the southern side
boundary, and a setback of 1.45 metres to the kitchen windows on the second level. The proposed
setback variation to the kitchen window of 0.05 metres is considered minor and inconsequential.
The Queensland Development Code allows for garages to be located on the boundary where:
• The height does not exceed a height of 4.5 metres and a mean height of 3.5 metres;
• It is less than 9 metres long; and
Page 15 of 20
Page 16
• Is no closer than 1.5 metres to a habitable room window of an adjoining dwelling.
The garage has a height ranging from 3.08 metres to 4.6 metres, a mean height of 4.49 metres
and a length of 7.8 metres. The bin storage area ranges in height from 1.45 metres to 1.9 metres
and extends out from the rear of the garage for a length of 2.85 metres, due to its height above the
ground level it is anticipated that additional built form will also be required for safety and privacy.
The total length of built to boundary structures along the southern boundary is 10.43 metres and
as such does not comply with the requirements of the Queensland Development Code.
It is considered that the built to boundary garage and bin storage structures will have significant
impacts on the amenity and privacy of the neighbouring property to the south and does not provide
adequate distance from adjoining land uses. The proposed built to boundary garage and bin
storage areas are not supported.
Rear Setback
Acceptable Outcome AO9.3 of the Low Density Residential Zone Code requires a minimum rear
setback for lots less than 550m2 of 1.5 metres up to 4.5 metres in height, 2 metres between 4.5
metres and 7.5 metres in height, and 2.5 metres if above 7.5 metres in height. The dwelling house
is proposed to be setback 4 metres from the rear boundary and as such complies with AO9.3.
While the proposal complies with rear setback requirements of the Low Density Residential Zone
Code, it does not comply with Performance Outcome PO3 of the Coastal Protection and Scenic
Amenity Overlay Code which states:
Where a coastal building line exists on a lot, all buildings, structures and retaining walls do
not extend seaward of the coastal building line for the site, other than —
1. uncovered and unenclosed cantilevered balconies that do not extend greater than 3
metres seaward of the coastal building line; and
2. are setback a minimum of 6 metres from the seaward boundary
The Purpose and Overall Outcomes of the Coastal Protection and Scenic Amenity Overlay Code
relate to the maintenance of coastal processes, the natural landform and the visual character and
scenic amenity of the area.
The proposed development will extend 10 metres seaward of the coastal building line and includes
a cantilevered balcony setback 4 metres from the rear boundary. The existing dwelling house
currently extends 11.5 metres seaward of the coastal building line and as such the proposed
dwelling house will improve the existing rear setback beyond the coastal building line.
The following image details the extent of the proposed encroachment past the coastal building line.
Page 16 of 20
Page 17
Figure 18 – Extent of Proposed Dwelling House over Coastal Building Line
It is noted that approximately half of the existing dwelling house already extends over the coastal
building line (Figure 19 below). As such, the proposed rear setback will not cause any further
impacts to coastal processes or the natural landform than the dwelling house currently on the site.
The proposed rear setback will also not worsen any current views for neighbouring properties and
will not impact on privacy or access to sunlight for adjoining properties.
Figure 19 – Extent of Current Building Height over Coastal Building Line
It is also noted that most of the dwellings on the seaward side of Seaview Terrace extend beyond
the coastal building line.
Page 17 of 20
Page 18
Figure 20 – Extent of Development over Coastal Building Line on Seaview Terrace
Previous decisions along Seaview Terrace have allowed redevelopments of dwelling houses to
maintain existing building setbacks past the coastal building line. As such the proposed rear
setback is consistent with surrounding development.
Front Façade and Built Form Design
During the General Committee meeting dated 24 October 2022, the design of the front façade and
its compliance with the built form design requirements of the Low Density Residential Zone Code
was raised. An assessment of the relevant Acceptable Outcomes is detailed below.
Acceptable Outcome Complies Comment
AO12.1 The main entrance of the
development is easily recognisable
Buildings are orientated towards the street by
from the street and includes multiple
having the main entrance easily recognisable from
the street and including two or more of the following window openings and a shade
design elements in the front facade: structure over the entry court.
1. verandas’;
2. porches;
3. external stairs;
4. awning or shade structures; or
5. window openings.
AO12.2 The development does not contain
No wall greater than 5 metres in height has a length any walls greater than 5 metres in
greater than 20 metres. height with a length greater than 20
metres.
AO12.3 N/A
Where buildings are raised on posts or stumps with
a suspended floor, the distance between the ground
and the lowest part of the floor of the building does
not exceed 3 metres.
Page 18 of 20
Page 19
AO12.4
Development visible from the street includes no The development does not include
more than: more than one letter box, one
1. one letter box; electricity meter box, three wheelie
2. one electricity meter box; bins and three garage doors. The
3. three wheelie bins; and development includes one garage
4. three garage doors. door visible from the street.
AO12.5 N/A
Any shipping containers, railway carriages or similar
are placed behind a dwelling house and not visible
from the street.
3. CONSULTATION
3.1. Referral Agencies
The application was referred to the following Referral Agencies:
• Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for building work on a premises completely or partly seaward
of a coastal building line.
The Department has responded advising that development is to be carried out in accordance with
the approved plans and that erosion and sediment control measures are to be installed and
maintained to prevent the release of sediment to tidal waters.
3.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Development Engineer
3.3. Other Referrals
The application was forwarded to the following external experts for review and/or comment:
• Geotechnical Engineer
• Hydraulic Engineer
4. CONCLUSION & REASONS FOR DECISION
This application relates to the development of a dwelling located in the Coastal Protection and
Scenic Amenity Overlay, Landslide Hazard Overlay and subject to a coastal building line. The
application material includes a geotechnical investigation and a coastal hazard assessment that
have been reviewed by external geotechnical and hydraulic engineering consultants. The
proposed development seeks to vary provisions within the Noosa Plan 2020 in relation to site
cover, height, the inclusion of a rooftop terrace and building beyond the coastal building line.
The proposal is recommended for refusal due to non-compliance with site cover and height
requirements of the Noosa Plan 2020 as well as the potential impacts of the proposed rooftop
terrace to the neighbouring properties and the immediate surrounding area.
Departments/Sections Consulted:
Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Page 19 of 20
Page 20
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design & Delivery
Page 20 of 20