Delegated Report - Code - Planning MCU20 0037

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0037
Applicant	Lucy Jane Cottee Christopher Graham Ferraro
Proposal	Material Change of Use - Multiple Housing - Type 2 Duplex
Properly Made Date	20 April 2020
Information Request Date	19 May 2020
Information Response Date	13 August 2020
Decision Due Date	8 April 2021
Report Completed Date	8 April 2021
Report Reviewed By	Kerri Coyle 8 April 2021
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	11 Margit Cres Sunrise Beach Qld 4567
RP Description	Lot 135 RP 132135
Land Area	635m²
Existing Use of Land	Two storey residential dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Attached Housing
Overlays	Not applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for Multiple Housing - Type 2 Duplex under the now superseded planning scheme.
It is proposed to remove the existing dwelling and develop 2 x dwelling units.
Each dwelling consists of:
A double garage in a basement type of configuration;
First floor consisting of living, dining, kitchen, laundry, pool deck and outdoor living room; and
Second floor consisting of 3 x bedrooms (1 bedroom identified as MPR on plans), ensuite and bathroom
The locality and proposal plan are included below.

Figure 1 - Locality plan

Figure 2- Site Plan

Figure 3 - Basement

Figure 4 - Ground floor plan

Figure 5 - First floor plan

Figure 6 - East elevation

Figure 7 - West elevation

Figure 8 - South elevation

Figure 9 - North elevation

Figure 10 - 3D perspective
site details
Background
There are no recent planning applications related to the subject site.
Site Description
The subject site is a rectangular shaped lot situated on the western side of Margit Crescent and approximately 635m2 in area. The topography of the site is characterised by a slope which rises approximately 3.6 metres from the north-eastern front corner of the site to the south-western rear corner, the slope is approximately 10.7%.
A dwelling is currently situated on the rear half of the site with vegetation located between the dwelling and the northern, western and eastern (front) boundary.
Surrounding Land Uses
North - A double story duplex located on one title at13 Margit Crescent.
South – A 2 storey residential dwelling with pool located between the dwelling and the front boundary at 9 Margit Crescent.
East -  At 8 and 10 Margit Crescent, 2 separate lots each containing multiple dwellings situated on land lower than the subject site.
West - 26 Orealla Crescent contains a duplex and at 28 Orealla Crescent a residential dwelling – both situated on land higher than the subject site.
The surrounding area is generally characterised by older multiple dwellings and dwelling houses slowly being either renovated or demolished and replaced by modern architecture.
assessment
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
The subject site is located in the Eastern Beaches Locality and is zoned Attached Housing. The proposed use is identified as a consistent use within the zone and is required to follow a code assessment application process.
The application has been found not to comply with all the applicable statutory instruments. Table 1 below identifies the planning schemes key development parameters compared to those of the proposal. The pertinent issues arising out of the assessment are discussed below:
Table 1 - Key development parameters
Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A	635m²	
Population density 100pp/ha	6.35 persons max	6.6 persons	X
Plot ratio*	0.45:1 max. = 285.75m2	0. 465:1 = 295m2	X
Site cover*	40% max	45.35%	X
*It should be noted that the applicant’s calculation of GFA (for plot ratio) and site cover differs from the officer’s assessment.
Landscaped open space Proposed population x 30m² (Attached housing) Soft landscaping	198m² min min 60% of total = 154m²	209 m² 155m²	
Building height storeys metres	2 storeys max 8 metres	3 storeys 7.95 metres above natural ground level	X
Boundary setbacks Frontage	6 metres min 10 metres for 3rd storey	6m 10m	
Side (Northern)	1.5m min 2m above 4.5m	990mm to planter roof and awning 2 metres min to upper levels	X
Side (Southern)	1.5 metres min 2m above 4.5m	990mm to planter roof and awning 2 metres min to upper levels	X
Rear	6 metres min	7.7m	
Length of wall	15 metres max	10 metres	
Carparking	2 covered min 1 uncovered min	4 covered 0 uncovered	X
Density
The proposed floor plans detail 2 bedrooms and a multi-purpose room (MPR) to each dwelling. The MPR’s are wholly enclosed by walls and capable of being used as a bedroom. The definition of population density within the Noosa Plan notes:
….if in the opinion of Council any room is capable of being utilised as a bedroom, the Council may determine that the room shall be calculated as a bedroom for the purposes of determining population density
As detailed in the floor plan below, it is clear that the MPR’s can be used as a bedroom, as such the proposed development has a population density 6.6 in lieu of the required 6.35.

Figure 11 - Upper floor plan showing the MPR could be used as a bedroom
Notwithstanding, it is noted that since the time when the application was made, the new Noosa Plan 2020 has commenced which does not include density provisions. Independently, as a non-compliance, it may be reasonable to permit the exceedance in population density given the removal of the density provision under the new Noosa Plan 2020. However, the development must be assessed as a whole and not each independent provision assessed in isolation. Therefore, this non-compliance combined with other planning issues raised below has an overall implication on the assessment and is discussed further in this report below.
Plot ratio, site cover, building height
Plot ratio, site cover and storeys are key parameters for a development to ensure the building is consistent in scale and bulk with development in the surrounding area and does not present bulky to the street or neighbouring properties and complements rather than dominate the surrounding area.
The proposed development exceeds the maximum permitted plot ratio and site cover. Specific Outcome O6 of the Eastern Beaches Locality Code states:
Site cover, gross floor area and plot ratio
O6 	The site cover, gross floor area and plot ratio of buildings and other roofed structures—
a) results in a building scale that is compatible with surrounding development;
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 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 proposal is also 3 storeys in part and required to be assessed against Specific Outcome O4 of the Eastern Beaches Locality Code which states in part:
…iii. For any other zone— 2 storeys;
c) do not visually dominate the street, adjacent properties, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land, including existing sunlight to neighbouring properties; and
e) respect the scale of the dune and coastal vegetation.
Site cover represents the footprint of the building which expresses the size of the development on the lot. The proposed site cover exceeds the required provision by more than 5% and will result in a larger building than other development in the surrounding area and larger than the planning scheme seeks for this site and be an imposing structure to the neighbouring properties.
Given that site cover and GFA were no greater under the superseded planning schemes and the surrounding development comply with these parameters highlights the proposed development will be of a greater scale and bulk when compared to the surrounding development.
In terms of building height in storeys, the surrounding development is 2 storeys and the 3 storey component, while only a small portion of the proposal, creates a built form that protrudes further above the NGL than if it were a 2 storey building and creates additional unnecessary viewable building bulk above NGL.
The proposal exceeds the maximum permitted gross floor area, significantly exceeds site cover and results in a building scale and bulk that is not compatible with surrounding development particularly given the proposal is 3 storeys and requires boundary relaxations.
The new Noosa Plan 2020 (plot ratio)
The new Noosa Plan 2020 has reduced the required plot ratio for Dual Occupancies to 0.4:1. The proposal significantly exceeds the new planning scheme provision by 41m² having a plot ratio of 0.465:1. Table 2 below provides clarity on the plot ratio of the Noosa planning schemes.
Table 2 - Plot ratio comparison planning schemes
Planning scheme	Plot ratio required by the planning scheme	Proposal
The Noosa Plan 2006 (Attached housing zone)	0.45:1	0.465:1 The proposal exceeds plot ratio of both planning schemes noting that the new Noosa Plan 2020, while it has removed the density provisions, the plot ratio has reduced. The intent is to provide more smaller dwellings rather than less larger dwellings. The proposal is not in accordance with the Noosa Plan 2020.
new Noosa Plan 2020 (Medium density residential zone)	0.4:1	
Setbacks
Setback variations are requested for retaining walls, stairs and entry roofs within the northern and southern side boundaries. While the variations are considered relatively minor, combined with the exceedance of site cover, GFA, density and building height in storeys, the variation adds to the already imposing building and is not recommended to be supported.
Garages
Figure 12 below shows the proposed street elevation.

Figure 12 - Street elevation

Specific Outcome O39 and O42 of the Specific Outcomes and Probable Solutions for the Attached Housing Zone seek the following built outcomes for garages;
Streetscape & character
O39 Buildings and other structures—
a) present a visual bulk and architectural scale that is consistent with structures on adjoining and nearby land;
b) do not dominate the streetscape or surrounding spaces;
c) address the streetscape;
d) vary in line and plane, complementing the landscapes which are characteristic of the area;
e) make use of balconies, eaves, and roof overhangs for aesthetic and lifestyle reasons;
f) integrate landscaping into the building design to provide visual relief and screening; and
g) present well articulated facades where garages or carports are not the dominant visual element
when viewed from the street.
Garages and carports
O42 Garages, carport structures and vehicle manoeuvring areas are designed and sited to—
a) provide for resident and visitor parking;
b) visually integrate with the building and to not dominate the street front;
c) allow opportunity for landscaping to screen vehicle parking and manoeuvring areas;
d) minimise the number of driveway accesses; and
e) allow safe and efficient access to and egress from the premises.
Specific Outcomes O39 and O42 seeks that development presents a well articulated facade to the street where garages integrate and do not dominate the elevation. It is considered the proposed garages do not comply with these provisions as the garages span most of the lot width without articulation and are the most dominant feature of the front elevation, significantly dominating the streetscape.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of State Development, Manufacturing, Infrastructure and Planning (SARA)
The Department is a referral agency as the development is in an area of substantial unexploded ordnance potential. The Department has responded advising there are no concerns with the development and requires written certification the site has been remediated and cleared of unexploded ordnance.
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer
conclusion & reasons for decision
The proposed development does not comply with the requirements of the planning scheme and raises significant issues regarding plot ratio, site cover, building height in storeys, setbacks and built form design elements that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0037 for a Material Change of Use for Multiple Housing - Type 2 - Duplex situated at 11 Margit Cres Sunrise Beach Qld 4567 and described as Lot 135 RP 132135, it is recommended the application be refused in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0037
Street address:	11 Margit Cres Sunrise Beach Qld 4567
Real property description:	Lot 135 RP 132135
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to refuse the application for the following reasons:
The proposal results in a development that does not comply with the following provisions of the Noosa Plan 2006 Eastern Beaches Locality Code:
Overall Outcomes 7.7.2g), h) and mm) as the scale and form of the proposed building is not in keeping with the surrounding streetscape and development, and the garages will dominate and present poorly to the street.
Specific Outcomes O3, O4, O5 and O6 as the proposal exceeds the maximum density, building height, site cover and gross floor area sought for the Eastern Beaches locality, proposes insufficient side setbacks and:
will be imposing on the neighbouring properties and visually dominate the street;
will not be compatible with development in the surrounding area;
will present excessive building bulk to adjacent and surrounding properties, and the street; and
does not allow for sufficient landscaping and spacing between the proposed building and neighbouring properties.
Specific Outcomes O39 and O42 as the garages are not articulated, span most of the site’s frontage, do not visually integrate with the building and will dominate the street front.
The proposal is not consistent with the built form requirements of the Noosa Plan 2020.
CURRENCY PERIOD of approval
Not Applicable.
assessment manager conditions
Not Applicable.
referral agencies
The referral agency applicable to this application is:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Development is in an area of substantial unexploded ordnance potential	The agency provided its response on 19 May 2020  (Reference No. 2005-16644 SRA). A copy of the response is attached

Advisory notes
Not applicable
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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