Martoo Planning statement · 132006.1395.04

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STATUTORY REQUIREMENTS:

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend
the relevant period, the assessment manager must only have regard to:

     a) the consistency of the approval, including its conditions, with the current laws and policies
           applying to the development, including, for example, the amount and type of infrastructure
           contributions, or charges payable under chapter 8, parts 2 and 3; and
     (b) the community’s current awareness of the development approval; and
     (c) whether, if the request were refused—
           (i) further rights to make a submission may be available for a further development application;
           and
           (ii) the likely extent to which those rights may be exercised; and
     (d) the views of any concurrence agency for the approval given under section 385.

ASSESSMENT:

The current development approval was assessed and granted under the superseded planning scheme
prior to the current Noosa Plan. The proposal was reviewed against the 2006 Noosa Plan provisions
under the previous application for extension of the relevant period, wherein it was determined that the
core values of the site including environmental and density provisions were met. A comparison of the
proposal against the current planning scheme is detailed below:

      2006 Noosa Plan                                                      Proposal                          Complies
      Population density - 100persons/ha = 40.54persons                    33 persons

      Semi Attached Housing zone area of 3818.5m2 plus road area of
      236m2 (based on original deed between Council to include area of
      road transferred to Council in calculations)Total 4054.5m2 = 40.54
      persons
      Gross Floor Area – 40.54 persons x 40m2 = 1621.6m2                   1896m2                            x
      Site cover - 40%                                                     complies
      Landscaping - 1m2                                                    1320m2
      60% soft landscaping                                                 complies
      Roof form - 5 degree minimum pitch                                   Complies
      and 600 mm eaves
                                                                           Conditions included in approval
      Eaves provided for 75% perimeter of building                         Complies
                                                                           Conditions on approval
      Boundary setbacks
      • Frontage -6.0m                                                     • Frontage – 6.0m
      • Side - half building height                                        • complies
      • Side – half building height                                        • complies
       • Rear – 6.0m                                                       • Rear– complies

                                                                           Conditions included in approval
      Building Height
      • in storeys - 2 storeys max                                         • in storeys - 2 storeys
      • in metres - 8 metres max                                           • in metres - 8.0 metres max

      Length of wall
      • 15 metres with one design element                                  • complies
      • variation in roof forms                                            • variation in roof forms
      • segmented balconies                                                • segmented balconies
      • no more than 4 attached dwelling units                             • complies

      Carparking - 1 covered space per dwelling unit and 1 space for       20 covered spaces
      visitor parking                                                      4 uncovered

As indicated above the proposal generally complies with the current provisions of the Noosa Plan apart
from gross floor area. It is noted that the existing approval is for 10 units which is actually less than the
12 units that could be developed on site. The slight increase in gross floor area is considered to meet
the Specific Outcome which indicates development:

      a) results in a building scale that is compatible with surrounding development;

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       b) does not present an appearance of excessive bulk to adjacent properties, roads or other
       areas in the vicinity of the site;
       c) maximises the retention of existing vegetation and allows for soft landscaping between
       buildings;
       d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes
       drying and other site facilities; and
       e) facilitates onsite stormwater management and vehicular access.

The overall design of the development is consistent with the desired built form for the area with small
buildings scattered across the site. The approval also provides for dedication of land at the rear of the
site which is to the community’s benefit.

With regard to infrastructure charges it is noted that as part of Appeal 96/2012 in relation to the
extension of the relevant period, that infrastructure contributions for the ‘missing’ networks of
stormwater were imposed.

The Sustainable Planning Act details that the community’s awareness of the proposal is to be
considered in determining a request to extend the relevant period. The subject site was advertised for
sale in May 2015 with real estate sign boards clearly detailing the existing approval relevant for the
site. The approval over the site was also detailed in the media advertising campaign associated with
the site including advertisements in the local newspaper the Noosa News. A copy of the advertisement
and media package is included as Attachment A.
                                                  th
The current owner purchased the site on 27 June 2015 after which the real estate sign board was
removed. The provision of this sign board on the site, as well as the existing access driveway to the
site from the RACV lot highlighted to the community that a development was approved for the subject
site.

It is noted that the subject site is currently owner by the RACV Noosa Resort which directly adjoins the
site to the north.

The current proposal is generally consistent with the current planning scheme requirements and
policies and the current conditions protect the environmental considerations of the site. The general
community would be aware that the site has a development approval due to the advertising of the sale
of the site. The proposed extension is considered to meet the criteria of the Act and the applicant
therefore requests an extension of the currency period for a further two years.

This development application has been prepared in accordance with the Sustainable Planning Act
2009 and is being submitted electronically with the following attached:
       1.         The completed Council form.
Council’s application fee of $2361.00 will be paid electronically by the applicant.

Please contact me if you require any further information and/or clarification.


Yours sincerely,




Nadine Gorton
Senior Planner
martoo consulting pty. ltd.