2023-01-16 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                              16 JANUARY 2023


demonstrated that these measures will prevent overlooking from the rooftop terrace of nearby
properties with the proposed changes to the dwelling remaining within the 8m height limit and
meeting the Code’s performance outcome for roof design and setbacks.
However, the built form associated with the rooftop terrace and the associated intrusion within the
front setback results in excessive bulk to the street and neighbouring properties, and is not
consistent with the predominant character of the streetscape. It is therefore recommended that the
representations be refused.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the General
Committee Meeting dated 16 January 2023 regarding representations made in relation to
Application No. MCU21/0212 for a Development Permit for Material Change of Use - Dwelling
house situated at 66 Seaview Terrace Sunshine Beach and:
A.   Refuse to delete condition 4 for the following reasons:
     1.    The proposed rooftop terrace is contrary to Performance Outcome PO7 of the Coastal
           Communities Local Plan Code as the form is not consistent with and reflective of the
           beachside character of the area.
     2.    The proposed rooftop terrace is contrary to Purpose and Overall Outcomes 6.3.1.2
           (2)(c) and Performance Outcomes PO7, PO9 and PO16 of the Low Density Residential
           Zone Code as it:
           a.    Does not make a positive contribution to the streetscape or maintain low scale
                 character of the eastern side of Seaview Terrace; and
           b.    Is not consistent with the predominant character of the streetscape.
           c.    Results in a three-storey building which will visually dominate the street and the
                 surrounding area.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
1.   BACKGROUND
At Council’s Ordinary meeting on 15 September 2022, Council approved an application for a
dwelling house to be constructed at 66 Seaview Terrace, Sunshine Beach subject to a number of
conditions.
The applicant subsequently suspended the appeal period and made representations on 24 October
2022 to condition 4 of the development approval. The representations seek that condition 4 which
requires removal of the rooftop terrace be deleted. Amended plans have been provided as part of
the representations.




                                                                                   Page 21 of 122