MCU250042 - Response to Information Request · MCU25/0042

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Information Require
1.     The carparking level is not defined as a basement and includes spaces which are more than 1 metre above
       ground level. In this instance, this level is a storey under Noosa Plan 2020.
2.     Amend the plans and elevations to contain a maximum of two storeys in accordance with PO8 of the
       Medium Density Residential zone code and definition of a storey under the Noosa Plan 2020.

RESPONSE
The area identified as part of Council’s requests relates to the area adjacent to the car parking spaces. The car
parking spaces are contained within the two storey area. The area identified as part of the request is defined
as an ‘undercroft ’area for the purpose of rationalising a difficult build site. The construction methodology is to
provide the following structural considerations into the undercroft design;

a)        To align the first ‘habitable’ level (ground level RL) to best match street level;

b)        Provide adequate clearance for the installation of sufficient capacity rain water tanks under ground
          level;

c)        Provide sufficient space for the allocation of essential services equipment (solar batteries.) pump
          and service room, bins, deducted vacuum and drying court;

d)        To provide structural walls (in lieu of a column grid) to support the suspended ground level slab -
          where appropriate to protect services equipment;

e)        Incorporate ‘toe-out’ footings to assist with retaining;

f)        To provide off-street car parking – noting the car parking is located outside of the area in dispute;

g)        Assist the control of overland stormwater flow

Further to this the client wishes to include the following auxiliary rooms which are not considered a ‘Storey ’by
definition (see below);

a)        Lift shaft and stairwell;

b)        Laundry; and

c)        Bathroom (incl. toilet);

When you review the definition of Storey and the proposed uses in this space, are not defined as storey – see
commentary below:

- The definition of storey does not include:

 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 subparagraph (i)

The items which are located in this space, therefore comply with the above excluded uses.

In determining the appropriate definition for the proposed uses, we are of the opinion, the use of the space is
defined as ‘undercroft’. An undercroft is a lower level, usually at ground level, often used for storage and
cellaring. In some cases the undercroft may contribute towards the number of storeys in a building however
this will depend on the following contributing factors:

- whether the undercroft is wholly or partly enclosed;

The proposal is only partly enclosed and does not contain any windows just air vents for ventilation of the
equipment. The undercroft had to be designed to support the load from the building above.

- the degree to which it is located within a building footprint;

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The proposed area is only a portion of the building footprint.

- the ground treatments, including whether it has a finished floor;

The proposed area will not have a finished floor.

- the height of the space;

The space provides the applicable height to cater for the heights required for the rainwater tanks, bathroom,
laundry, lift shaft and the stairwell.

- accessibility.

The space needs to be accessible for the plant and equipment and the sanitary compartments. The space is
open to the adjoining carparking on the ground floor for direct access to the lift.

Issue - Building Height in metres
Information Required
1.        Provide amended and/or additional plans, including:
         a)        Confirm that building heights for the Dwelling house have been determined from a recent site
                   survey showing the lawfully established ground levels;
         b)        Provide additional Section Plans (north/south and east/west) showing the dwelling at the
                   highest point from natural ground, with all height measurements shown in RL’s relevant back
                   to a ground level and if required an updated maximum building height blanket at 8.0 metres
                   showing any exceedance;
         c)        In particular the side elevations appear to exceed the maximum 8.0 metre height for that part
                   of the dwelling’s externally exposed wall.
         d)        If required, amend the design to reduce the height to comply with AO8.2 of the Medium Density
                   Residential zone code.
RESPONSE:
In response to the above request, the Architect has confirmed the building heights for the dwelling house have
been determined from a recent site survey showing the lawfully established ground levels. The following
provides a copy of the confirmed survey natural ground levels.

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In response to the clarification on building height. The following building height blanket drawings illustrate the
south-western roof edge/eave exceeds the 8.0 metre blanket by 100mm. This intrusion is of a very minor nature
and given the over height only relates to the roof edge/eave it would not be material impact on any surrounding
properties.




We seek a relaxation to this item for the following reasons;

a)     The encroachment is minor (100mm maximum). The part of roof that encroaches slopes with (not
       against) the blanket overlay and does not adversely impact any neighbouring views/view-lines;

b)     The area of intrusion does not visually dominate the street or the surrounding lots;

c)     The area of intrusion will not unreasonably obscure views or lead to overshadowing of the neighbouring
       properties.

d)     The southern boundary (the side which includes the encroachment) is setback 8.5 metres from the side
       boundary, therefore confirming there is no material impact on this property by the minor height
       intrusion.

Based on the above, amended drawings have been provided to include the building height blanket.

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Issue – Site Cover and Plot ratio
Information Required
1.         Both site cover and plot ratio maximums are Performance Outcomes of the Medium Density
           Residential zone code. Provide site cover and gross floor area calculations in accordance with Noosa
           plan 2020 for each level of the Dwelling house.
2.         Based on this assessment, provide amended plans and elevations to comply with the site cover and plot
           ratio Performance Outcomes 10 and 11 of the Medium Density Residential zone code.
3.         Provide additional clarification of the purpose and area of ‘plant and equipment’ proposed at the lower
           level which contributes to gross floor area and plot ratio of the Dwelling.

RESPONSE:

The original submission provided for a site cover of 42.7% and a plot ratio of 0.5371:1.

Site Coverage

The purpose of defining a site coverage is to ensure that there is not an overdevelopment of the site but more
importantly to ensure the site provides for adequate space for landscaping, open space and other amenities.

The design has been revisited together with a review of the definition and intent of site cover to ensure the
proposal has been considered appropriately.

The definition of site coverage is:

site cover of development, means the portion of the site, expressed as a percentage, that will be covered by a
building or structure, measured to its outermost projection, after the development is carried out, other than a
building or structure, or part of a building or structure, that is—

1.                in a landscaped or open space area, including, for example a gazebo or shade structure or;
2.                a basement that is completely below ground level and used for car parking; or
3.                the eaves of a building; or
4.                a sun shade.

Open space – in terms of a single dwelling house is defined as:

Private open space refers to outdoor areas exclusively for the use of residents of a dwelling, typically including
backyards, decks, balconies, terraces, and front gardens. It's designed to facilitate indoor-outdoor living and
can be integrated into the building's overall design. Private open space is not intended for purposes like bin
storage, laundry drying, or vehicle parking.

Private open space facilitates the seamless transition between indoor and outdoor spaces, allowing for flexible
living arrangements and enjoyment of the outdoors.

Access to private open space can positively impact physical and mental health by providing opportunities for
exercise, relaxation and connection to nature.

The proposal has been designed to ensure the open space areas within the dwelling house are usable and fit
for purpose. The site is constrained by slope and is small in size.

Based on the above, we have revisited the proposal and the site cover calculations. The revised proposal plans
illustrate large open space areas such as the alfresco area on ground level (providing a shaded area to support
the recreational use of the swimming pool and to provide an extension to the living areas. The proposal also
provides for a large balcony on the upper level to once again provide for recreation and relaxation.

Generally for a dwelling house open space is regarded as the area intended for use by the resident as their
designated outdoor area, extension to the living space, provides for relaxation, dining and recreational

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activities. Examples include patios, balconies, courtyards and gardens. The alfresco and balcony are the
intended open space areas for the dwelling house and the use of these areas is consistent with the open space
intent and definition.

The Medium Density Residential zone seeks a site coverage of 40%. The original plans stated the proposal
exceeded this allowance by 2.7% or 13.94m2. Since reviewing the site cover definition and the exclusion of
areas for open space use, the calculation has been modified and the site coverage is now 36.5% which is below
the 40% allowable coverage.

To assist in justifying the original proposed site cover, the following survey was conducted to identify existing
nearby homes with site coverage exceeding 40%

26 Attunga - land 533m2, house 310m2 58%
24 Attunga - land 543m2, house 300m2 55%
21 Attunga - land 505m2, house 230m2 46% Next door to 19 Attunga Heights
23 Attunga - land 510m2, house 230m2 45%
22 Attunga - land 533m2, house 255m2 47%
20 Attunga - land 532m2, house 260m2 49% Directly opposite 19 Attunga Heights
16 Attunga - land 533m2, house 260m2 49%
14 Attunga - land 532m2, house 270m2 51%

The above demonstrates the proposed site coverage of 42.7% is less than those is in the existing street.

The change in calculation of site coverage now means the proposal is also consistent with the Low Density
Residential being:

(b)    for a building of 2 storeys:

       (i)       50% for one of the storeys; and

       (ii)      30% for the other storey or

       (ii)      40% for both storeys.

The revised calculation provides for 36.5% for the ground floor and 21.2% for the second floor, therefore being
well under the permitted coverage for a Low Density Residential lot.

Plot Ratio

Plot ratio is the ratio of gross floor area of a building on a site to the area of the site.

The subject site is 505.56m2 therefore based on the Planning Scheme the required plot ratio of 0.40:1 equates
to 207.28m2.

Gross floor area for a building, means the total floor area of all storeys of the building, measured from the
outside of the external walls and the centre of any common walls of the building, other than areas used for—

1.            building services, plant or equipment; or
2.            access between levels; or
3.            a ground floor public lobby; or
4.            a mall; or
5.            parking, loading or manoeuvring vehicles; or
6.            unenclosed private balconies, whether roofed or not.

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The Livable Housing Design Standards under the National Construction Code (NCC) 2022 came into effect on 1
October, 2023 which changes the way new houses are designed and bult in Queensland. The new regulations
require all dwelling houses to be accessible to people with disabilities, the elderly and families with young
children.

These new regulations result in the enlargement of homes so as to cater for:

        step-free access – lift included to provide access to the upper floors when stairs were generally only
         provided;

        wider doorways and hallways – increasing the floor space and accessibility within the dwelling house
         without compromising the use of the each of the rooms;

        larger bathrooms for accessibility; and

        accessible bedrooms – providing for additional clear space around beds for accessibility.

The proposed development has embraced the changes in regulations (as it is compulsory) as the dwelling
house is intended for the applicants now and into their later years hence accessibility is functionality cannot be
compromised.

As demonstrated in the proposal plans, the rooms, doorways and hallways have been made wider to seek
compliance with this regulation.

While we understand the importance of plot ratio, the 0.40:1 for dwelling houses, particularly given the
changes in regulations impacting on the design of dwelling house and therefore restricts the family home we
respectively request consideration for a minor increase of less than 10% or 39.41m2 to meet a plot ratio of
0.48:7.

Issue – Roof Forms
It has not been fully demonstrated that the proposed form of the roof is consistent with the character of the area.
The design appears to dominate the streetscape and result in a box profile particularly when compared to existing
developments to the east of the site.
Information Required
Provide further justification of how the development meets the performance criteria for PO19 of the Medium
Density Residential Zone Code. Providing examples of other existing or approved development in the locality will
assist with demonstrating this justification.
Provide an amended roof and façade design that avoids boxy profiles and provides sufficient eaves in accordance
with PO19/AO19.1 of the Medium Density Residential Zone Code.
To reduce bulk and increase visual interest, it is requested that an alternative means of screening is investigated.
The amended roof and façade design is required to further address PO14/AO14.1 and AO14.2 of the Medium
Density Residential Zone Code.
RESPONSE:
In response to PO19/A019.1, it is noted AO19.1 states ‘with the exception of Noosa Heads and Coastal
Communities’, we confirm the subject site is located in the Noosa Heads Local Area.
Despite this statement, we confirm the upper floor level of the roof provides for 600mm eaves to almost 100%
of its perimeter with the remaining south-east corner exceeding this to provide a ‘soaring-roof’ corner detail.
The design uses a lightweight construction with broad eaves and natural materials that reflects the
surrounding site specific elements (trees and native vegetation) to reduce apparent bulk and align with the
intended outcomes of PO19 and AO19.1.
In response to PO14/A014.1 and AO14.2, the current design seeks to recede rather than stand out in its
streetscape, this has been achieved through a number of curated design cues that respond to PO/AO14.1 and
AO14.2.

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The façade has been broken down through a series of horizontal interventions and pushing/pulling of the plan.

Horizontally the façade features an extruded planter which casts deep shadows on the articulated lower-level
wall and creates a significant break in the verticality of the built form.

The planter allows for greater articulation through the addition of planting at the upper level – further
reducing the appearance of ‘bulk’. The next well defined horizontal element is the upper-level roof which adds
another deep shadow to the upper level wall. The roof edge is specified in a dark finish to assist in receding
rather than the current trend of ‘white-washing’. Materiality preferences ‘natural ’materials over ‘finished ’
materials. The palate referencing native vegetation (greyed off timber cladding) and grey toned stonework
that references the quaternary sandstone and granite geology found on Noosa Headlands.

The plan articulation for the lower level (ground level) front façade features vertical privacy screening and a
defined setback to the front entry door, this setback creates a deeper shadow-line which helps to signify the
entry-point to the home. The bulk of the lower (ground) level plan sits to the south of the site which reduces
the appearance of bulk when viewed from the street and allows natural light to enter the home from the north
– aligning with sustainable design principles.

Visual interest has been addressed via the above-mentioned design interventions, through form – pushing and
pulling of the plan shape, through shadows and eaves, and through materiality: greyed off timber, dark eaves
flashings, stonework, batten screening and a selection of cast-in-place concrete and board-formed concrete,
complimented by native planting and the retention of key street/kerb trees.

Issue - Rear setback
AO 12.1 of the Medium Density Residential Zone Code requires a 6.0 metre rear setback.
The proposed development indicates a 2.4 metre rear setback to the contained planter and a
3.0 metre setback to the kitchen, dining and living area at first floor level and a similar set back to the upper level
balcony and plunge pool. The current rear setbacks are not supported.
Council have significant concerns that the proposed design and setbacks provide opportunities for direct
overlooking into adjoining premises to the north as well as potential acoustic issues resulting from the upper level
plunge pool and balcony within the setback.
The reduced set back also limits opportunities for any meaningful vegetation to occur at the rear of the property
and between buildings.
Information Required
1.         Submit amended plans and elevations which increase the rear setback to as stated under PO12
           of the Medium Density Residential Zone Code.

RESPONSE:

The client held discussions about the rear setback with Noosa Council Planning prior to starting the designs
and again before finalising the design, and Council acknowledged the advantages of building at the rear of the
block due to its unique size and shape.

The privacy of adjoining homes and units have been carefully considered so that the proposed design does not
overlook any of the neighbours ’private open spaces.

The following provides an assessment of the proposed setback in relation to adjoining properties.

Northern neighbour (21 Attunga Heights):
Privacy is achieved via positioning the proposed alfresco directly adjacent to the neighbours zero lot boundary
garage wall. The proposed living room features a full height block wall facing the neighbour providing privacy
for both the client and the neighbour. Proposed planting will provide visual amenity for the neighbour.

The proposed design mirrors the neighbours design and setback, in that the house is set to the rear and the
private open space is set to the north side (refer image below).

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The following elevation demonstrates the solid wall facing the neighbour confirming the living and dining areas
on the ground floor provide privacy and noise reducing by the placement of a solid wall on this boundary.




Image (a): Ground floor plan superimposed over recent satellite image




In terms of the upper floor and the balcony, this area is setback 2.790 metres to the side boundary plus the
dwelling house on the neighbouring property is located a further 2.4 metres off this side boundary, providing
total separation of 5.19 metres.

A review of the floor plan (online) extract below:

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The upper floor of the adjoining property provides for a bedroom and walk in robe along the adjoining
boundary (noting a separation of 5.19 metres). The following provides a photograph illustrating the upper
floor is setback from the adjoining site boundary.




Based on the above, privacy is not considered to be an issue with the use of the balcony area, given the
setback distance, noting a side setback is 2.0 metres which has been achieved. The bathroom and walk in robe
also provide for obscure galss.

As already advised the upper level plunge pool and balcony is for the private and exclusive use of the master
room only and is not for a high use family area.

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Western neighbour (Bali Hai Units – Short Term Accommodation):
Privacy is achieved via dense planting – in fact, the unit block is completely obscured from view (image below).
To ‘future-proof ’privacy between both properties, we propose a landscape design package which will
nominate appropriate screening trees for the width and height of the subject area.

Additional Note: The private open space for the units is located at the front (west side) of the units (refer
image (a) above).

Image: existing view (west) from clients home to unit block – approximately ground level of the proposed
design.




Southern Neighbour (15-17 Attunga Heights – Pine View – x 6 Units):
The ‘six-pack ’of units to the south is setback approximately 10m from the proposed design and provides a
driveway and heavily planted garden buffer between the clients proposed design and the unit block (refer
image (a) above). Additionally, the proposed design nominates a raised planter along the southern side of the
design where the intention is to specify ‘hanging ’style plants to further address visual amenity, potential
privacy and overlooking. Window treatments (blockout blinds) to bedrooms 2 and 3 will complete the
‘privacy ’package.

To further justify the proposed rear setback and to demonstrate the proposed setback is consistent with the
area, the following list illustrates precedents. As shown, even with a 3m setback, the proposed design
maintains a greater rear setback than any of the examples listed below.

Rear setbacks of Homes in Attunga Heights:

8 Attunga Heights 1.5meters;
10 Attunga Heights        1.5meters;
11 Attunga Heights        1.5meters;
14 Attunga Heights        1.5meters;
16 Attunga Heights        2.0meters;
20 Attunga Heights        1.5meters directly opposite 19 Attunga Heights
21 Attunga Heights        1.5meters next door to 19 Attunga Heights
22 Attunga Heights        1.5meters
23 Attunga Heights        1.5meters
24 Attunga Heights        2.0meters
25 Attunga Heights        2.0meters

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In summary, we seek a relaxation to this item for the following reasons;

a.     The shape of the lot is non-standard and presents constraints. I.e. the dimensions of this lot are
       20.105m frontage and 25.146m depth - whereas in comparison, a standard house site averages 15m
       frontage and 40m depth, which – for the clients site represents a lot depth that is approx. 38% shorter
       than standard.

The relaxation we seek is consistent with the Queensland Development Code MP 1.2 -Design and Siting
Standard for Single Detached Housing – on Lots 450m2 or Over, A2 as depicted below:




Acoustic Concerns - The upper level plunge pool and balcony is for the private and exclusive use of the master
bedroom, i.e. parents retreat. This is not a high-use, family area.

The following provides the northern neighbouring house in its current elevated position. It shows elevated
natural ground level and a retaining wall of 1.5 m high plus a solid metal fence of 2.0 metres, providing an
existing privacy and acoustic barrier of 3.5 metres.




The retaining wall on the northern side boundary is 1.5 metres high as depicted below:

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Issue – front fence and driveway extent
A0 17.1 of the Medium Density Residential zone code requires that front fences are set back an average of 1
metre and are articulated. The current design provides a front fence which is constructed along the entire front
boundary in one plane and does not contribute towards the attractiveness of the streetscape.
The proposed driveway located adjacent to the western boundary is constructed to the neighbouring boundary
and does not provide for any landscaping or buffering to the neighbouring side boundary.
Information Required
Submit amended plans and elevations which;
      Provides articulation and heights of the front fence in accordance with AO 17.1 and AO17.2 of the Medium
       Density Residential zone code.
      incorporate additional landscaping adjacent to the southern side boundary to provide softening to the
       side boundary and adjoining premises.

RESPONSE:
The front fence has been designed to maximise both privacy and security, as outlined below:

a)     To provide privacy for the proposed open space (including the pool and alfresco area), which is exposed
       to a frequently busy street used by both vehicles and pedestrians accessing Hastings Street and Main
       Beach.

b)     To enhance security, given the high volume of late-night pedestrian traffic—often from individuals
       returning from pubs, bars, and short-term accommodation or accessing cars parked along the street.

Due to the lots proportions, the site is significantly shallower than the average small block. Requiring a 1-metre
setback for the front fence would substantially reduce the amount of usable private open space within the
property boundaries.

Aesthetically, the proposed fence presents three different types of materials complimentary to its context
(natural and built). Further to this, a landscape scheme will include planting in front of the fence to ‘soften ’the
appearance.

It also should be noted that the nature strip fronting this site is wider and then the average being 4.2 metres
wide.

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To assist in justifying the proposed fence design the below examples illustrate nearby fences that are at least
2.0 meters in height and constructed on front boundaries to demonstrate the proposal is not inconsistent with
the existing street frontages:

22 Attunga Heights - Opposite 19 Attunga Heights




23 Attunga Heights - 2 properties north of 19 Attunga Heights




Notably, PO17 does not specify any requirement for wall articulation, which explains the presence of other
non-articulated fences in the area.

In direct repose to PO17;

Front fences and walls are designed and sited to:

      contribute to the attractiveness of the streetscape;

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The proposed fence is constructed of 3 materials, stone off form concrete and batten that are designed to
harmonise with its context, both natural and built.

      be compatible with the existing streetscape character;

The proposed fence has been designed to complement the streetscape through use of natural (non-applied)
materials – the aim is to recede in the streetscape rather than stand-out. The materials have been selected
from a palette that appears naturally but also compliments the proposed building. The fence design appears
consistent with others recently approved and built in the area.

      avoid interference with movement of surface stormwater;

The proposed fence will assist in controlling and returning surface stormwater to the kerb rather than allowing
it to run westward across the property and down into the western neighbours property.

      allow for casual surveillance of the street;

Aside from the fact that passive surveillance is a by-product of a 2 storey home, the proposed fence has been
designed to provide privacy for the pool/alfresco area. Passive surveillance has been considered and provided
via a series of 100mm ‘breaks ’in the wall that serve 3 main criteria; 1) a visual break in materials, 2) limited
ventilation, and, 3) limited passive surveillance.

      provide planting in front of solid fences and walls;

The design will be included in the landscape scheme. Noting the Council nature strip (verge) is 4.2m wide with
no footpath with ample room for planting.

      ensure plantings between the front fence and the footpath does not create an impediment for
       pedestrians using the footpath.

The frontage currently does not have a constructed footpath, however there is ample space for a future
footpath as well as planting.

Issue – Excavation to side boundary
Information Required
a)     Provide further details and sections showing how fencing will be constructed and maintained
       between adjoining properties.

RESPONSE:
The amended drawing package includes the following section plan, illustrating how the fencing will be
constructed and maintained between adjoining properties.

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Issue – Stormwater Discharge
Council has concerns the proposal is increasing the sites impervious area and the site is falling away from the
street.
Information Required
b)     Demonstrate a lawful point of discharge by providing a stormwater management plan prepared by a
       suitably qualified person.

RESPONSE:
A Hydraulic Engineer will be engaged to provide a Stormwater Management Plan to demonstrate lawful point
of discharge and how the stormwater will be managed. We request that the above be a condition of approval
for submission to Council for approval prior to the issue of a Decision Notice Approval for Building Works. We
suggest the following condition be imposed:

Prior to the issue of a Decision Notice Approval for Building Works, a Site Based Stormwater Management Plan
prepared by a suitably qualified person is to be submitted to Council for approval. The site based stormwater
management must address but not limited to:

- engineering design drawings, including calculations and certifications of the design, demonstrating
compliance with Queensland Urban Drainage Manual current at the time of development, Council’s
Development Manual (current at the time of development) and this Decision Notice;

- The stormwater design is to provide for the developed flows from the site to be piped to a Legal Point of
discharge.

Furthermore, the inclusion of rainwater tanks within the undercroft assists with reducing the stormwater
discharges as this potable water will be used for landscaping, outdoor use and to top up the swimming pools
therefore also reducing the reliance on town water for gardens and swimming pools.

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Issue – Vehicle Crossover
The proposed driveway is shown on the property boundary adjacent to the neighbouring driveway and two
established street trees. Council has concerns the vehicle crossover is not compliant with standard drawing RS-
049 and may impact the street trees.
Information Required
a)      Provide further information addressing the vehicle crossover and street trees, demonstrating how the
        potential impacts will be mitigated.

RESPONSE:
An amended drawing has been included in the update drawing package to address this issue.




Summary:

To support our justification for the proposed design for 19 Attunga Heights, please refer to the below list of
medium density sites that have been recently approved with site coverage, set back and GFA relaxations:

6 Nebula Sunshine Beach:                       Site Cover and GFA;

37 Orient Drive:                               Site Cover and Setback;

18 and 16 Pacific Ave Sunshine Beach:          Site Cover and GFA;

74 Upper Hastings:                             Site Cover and GFA;

167 Gympie Terrace:                            Site Cover;

34 Perpignan Esplanade:                        Setback, height and roof top terrace;

7 Martin Street, Peregian:                     Site Cover and Setbacks; and

5 George Street, Noosaville:                   Setbacks.

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We trust this addresses the issues raised and should you have any queries please do not hesitate to contact
me.

Regards




Kellianne Wynne
Director