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planning report 92 Hilton · MCU26/0080

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     Development Application
         Planning Report


Material Change of Use for a Dwelling House
    situated at 92 Hilton Tce, Tewantin
            (Lot 14 RP901986)




                                              Page 1 of 9
Full text of the other 8 pages

Page 2

Contents
1.0      Summary ........................................................................................................................... 3
  1.1       Development application details ................................................................................................3
  1.2       Planning instrument details .......................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1       Site description ..........................................................................................................................4
  2.2       Surrounding land uses ................................................................................................................4
3.0      Proposed development details .......................................................................................... 5
4.0      Planning assessment .......................................................................................................... 6
  4.1 Height..............................................................................................................................................7
  4.2 Setback ............................................................................................................................................8
5.0      State assessment and other matters .................................................................................. 9
  5.1    State interests ............................................................................................................................9
    5.1.1 Matters established in the Planning Regulation .............................................................................. 9
    5.1.2 State Planning Policy ........................................................................................................................ 9
6.0      Conclusion ......................................................................................................................... 9




Client Name:         B Pickering
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version:             1
Date:                18 August 2026




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




                                                                                                                                           Page 2 of 9

Page 3

1.0 Summary

1.1 Development application details
  Proposed development:                     Development Permit for Material Change of Use for a dwelling
                                            house*
  Site address:                             92 Hilton Tce, Noosaville
  Real property description:                Lot 6 SP116708
  Site area:                                1,937m2
  Owner details:                            B Pickering
  Applicant details:                        B Pickering c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
   State planning policy:             SPP 2017
   Regional plan:                     SEQ Regional Plan 2017
   Designation:                       Urban Footprint
   Planning scheme:                   The Noosa Plan 2020 V.1 25 September 2020**
   Zone:                              Medium Density Residential zone
   Level of assessment:               Code
   Applicable overlays:               Flood Hazard
                                      Acid Sulfate Soils
   Applicable codes:                  Acceptable Outcomes A03,     AO8, AO9, AO10, AO11, AO12.1,
                                      AO12.2,     AO12.4,     AO13,      AO14.5,   AO15,  AO16,
                                      AO17, AO19, AO21.2, AO22.2, AO23.1, AO23.2 and AO24 of
                                      the Medium Density Residential Zone Code.

                                      Acceptable Outcomes AO2, AO3, A05, A06, AO7, AO8, AO9,
                                      AO10, AO11, AO12, AO13, AO14, AO15, AO16, AO18, AO19,
                                      AO20, AO21 and AO22 of the Low Density Housing Code.
   Referral Agency:                   Nil

**This application accompanies a Superseded Planning Scheme approval.




                                                                                                Page 3 of 9

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                                           Description

 Existing land use                      Detached House – now vacant

 Frontage and access                    20m to Hilton Tce

 Topography and views                   Flat adjoining Noosa River

 Easements                              Sewer (Implied Easement) through middle of site and along the western boundary




                                  Figure 1: Aerial view and site identification Source: Nearmaps




                     Figure 2: Water & Sewer Infrastructure and Zone Map (Source: Unitywater NoosaMaps)


2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

       North            Noosa River


       South            Ivory Palms Resort


        West            88 Hilton Tce (vacant land)


        East            98 Hilton Tce (Dwelling House)




                                                                                                            Page 4 of 9

Page 5

3.0 Proposed development details
The proposal seeks to construct a 2-storey dwelling consisting of the following features:

Ground Level
• Covered parking for 6 cars within two garages
• living areas and pool

Level One
• 5 bedrooms and gym




                                       Figure 3: Proposed Site Plans




                                                                                            Page 5 of 9

Page 6

4.0 Planning assessment
Some of the key parameters are provided in Table 3 below, with further assessment provided
thereafter.

Table 3: Summary of development aspects and compliance with the Codes
 Criteria           Noosa Plan 2020                                              Proposal                                Compliance
                                                         MDR and Dwelling House Codes
 Site Details       1,937m² – Medium Density Residential Zone
 Height (AO3)       8m                                                           8.5m measured from NGL                  PO
                    2 storeys                                                    at boundary                             Y
                                                                                 2 storeys
 Site       Cover   40% - 776m²                                                  33% (653m2)                             Y – see snip below
 (AO10)




 Gross     floor    0.4:1 – 776m²                                                           0.39:1 – 760m²               Y
 area (AO11)
 Setbacks           Frontage (6m)                                                           6m                           Y
 (AO12)
                                                                                            0m – ground bicycle          PO
                    West side (1.5m / 2m)                                                   storage
                                                                                            2m – eave
                    East side (1.5m / 2m / 2.5m >7.5m)                                      1.5m - ground                Y
                                                                                            2m – eave
                    Rear (10m from MHWS)                                                    Pool RL 2.15m AHD            Y
                                                                                            NGL RL 1.37m AHD
                                                                                            Pool Height is 0.78m
                                                                                            Building    is    14.7m
                                                                                            setback
 Building            For a dwelling house, development provides visual interest to the      Y – visual interest, no      Y
 design              street and the surrounding area through:                               plane longer than 15m
 (AO14.5)           •     limiting the vertical distance between the ground and the         and windows facing the
                          lowest suspended floor to no more than 3 metres;                  street.
                    •     limiting the length of any external wall in one plane to 15
                          metres; and
                    •     ensuring each external wall includes at least one design
                          element such as verandahs, external stairs, window
                          openings, awnings or porches.
 Garage (AO15)       No garages directly face the street within 20m of the front setback.   Y                            Y

 Roof       Form    No roof top terrace                                                     Y – The top of the roof is   Y
 (AO19)             Parapet walls do not exceed 50% of the façade                           pitched    and     eaves
                    5 degree pitch and eaves to >75% of building.                           provided around the
                                                                                            perimeter of the building.

 Front fencing      Fencing setback >1m or 1.2m / 50% transparent if on boundary            All fencing setback >1m      Y
 (AO17)
 Landscaping        20% soft landscaping (388m²)                                            30% (588m2)                  Y
 (AO6)
 Carparking and     2 covered and driveway design criteria                                  6 covered spaces             Y
 access (AO7-
 14)
 Flood Hazard       300mm above DFE                                                         2.7m AHD                     Y – in accordance with flood search
 Area (AO16)
                                                            Acid Sulfate Soils Overlay Code
 Avoidance and      Acid sulfate soils reporting and management                          Not undertaken                  Y          – required to determine if
 Management of                                                                                                           fill quantity exceeds 500m³ (under
 ASS (AO1)                                                                                                               slab and footings) – Able to
                                                                                                                         be complied with and reporting
                                                                                                                         included with application.
                                                        Flood Hazard Overlay Code
 Flooding (AO1-     1%AEP flood immunity + 300mm free board . Minimal fill to    Minimum floor                heights    Y
 AO11)              reduce flood risk                                            are achieved.




                                                                                                                                              Page 6 of 9

Page 7

4.1 Height
The proposal seeks a performance outcome assessment against the relevant outcomes pertaining
to height in metres, with part of the roof line extending higher than the 8m height limit relative to the
height measured at the boundary.




                                       Figure 4: Areas of the building >8m height limit

The relevant Performance Outcomes seek for 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
   f)   do not exceed two storeys.



The design is two storeys and does not obscure any neighbouring views or dominate the street. The
pitched roof requirement requires the apex of the roof design to protrude through the 8m height limit,
owing to the increased finished floor height of the ground level.

This is consistent with other buildings in the area that meet the minimum floor height and roof pitch
requirement. The proposal is consistent with the relevant performance outcomes pertaining to height.




                                                                                                                   Page 7 of 9

Page 8

4.2 Setback
The proposal seeks a performance outcome assessment against the relevant outcomes pertaining
to side setback, with the area of encroachment indicated below.




                                     Figure 5: Areas of the building within the side setback

The relevant Performance Outcomes seek for buildings and structures:

   a)   provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and
        acoustic privacy;
   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, outdoor living and utilities;
   f)   be consistent with the predominant character of the surrounding area; and
   g)   protect the natural character and avoid adverse impacts on ecologically important areas such as national parks,
        waterways and wetlands.


The design includes a single storey bicycle storage area attached to the garage along the western
side boundary. Although the built to boundary encroachment is allowed under the QDC for Low
Density Residential zoned lots, this site includes an alternative provision seeking a 1.5m setback.

Considering the length of the garage is 8.8m and an average height of less than 3.5m the impacts
of the garage are akin to other low density house areas. The three houses at 888, 92 and 98 Hilton
Tce are more than likely to be built as dwelling houses under the superseded planning scheme
provisions.

The built to boundary represents 8.8m of the 66m long side boundary (1/8th of the length) including
a built to boundary element which will still allow for a high amenity to users of the adjoining premises
at 88 Hilton Tce. The rest of this side boundary is to be planted out with landscaping to separate the
two lots. The proposal is consistent with the relevant performance outcomes pertaining to setbacks.




                                                                                                                         Page 8 of 9

Page 9

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

In accordance with Schedule 6, Part 2 of the Planning Regulations 2017 – the application is for a
new development in the Medium Density Residential Zone that exceeds the scale and intensity of
the existing house on the site.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is Not located within the Coastal Management District, however is within the erosion
prone area.

The design is compliant with the SDAP State Code 8 provisions, with the redevelopment of an
existing building within the erosion prone area. The design includes a large setback to the Noosa
River boundary and habitable floor levels above 2.7m AHD, which accounts for flood heights that
includes 2100 climate change conditions.

6.0 Conclusion
This is a development application for the construction of a dwelling house at 92 Hilton Tce,
Noosaville. The proposed development is subject to code assessment and meets the relevant
Outcomes. The proposal retains a large setback to the river and is dispersed across the 1,937m2
site without impacting on the surrounding area.

The Planning Act 2016 prescribes that a code assessment must be carried out only—
       (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

       (b) having regard to any matters prescribed by regulation.

       Council, after carrying out the assessment—

       (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for the development; and

       (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks; and

       Examples—
                    1            An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision
                                 resolves a conflict between the benchmarks.

                    2            An assessment manager may approve an application for development that does not comply with some of the benchmarks if the decision
                                 resolves a conflict between the benchmarks and a referral agency’s response.

       (c) may impose development conditions on an approval; and

       (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the application only if compliance cannot be
       achieved by imposing development conditions.



The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.




                                                                                                                                                          Page 9 of 9

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