210028 - Further Issues Response · 51994.1222.01

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Notwithstanding, it is noted that the as-constructed site cover calculation generally accords with the
previously approved site cover.

Specifically, the calculated as-constructed site cover is 35.3% as compared to the approved site cover
of 34.98% as shown on the approved plans of development (TPC 2707). As such, even if there were
any doubt as to the accuracy of the calculated as-constructed site cover, the approved site cover of
34.98% would still clearly indicate that the proposed development will not exceed an overall site cover
of 40%.

The proposed development complies with PO11 of the Tourist Accommodation Zone Code.

Method Used to Calculate As-Constructed Site Cover on Site

To calculate and confirm the ‘as-constructed’ measurements on site, the following was undertaken:

       Copies of the original Gabriel Poole architectural drawings and the Tod engineering drawings
        were obtained;
       The draftsman was engaged to scan the plans onto the system and, subsequently, a physical
        check measure was conducted on site;
       The physical check measure on site was conducted with electronic metering that recorded the
        distances from boundaries and the external walls of the individual units (noting that electronic
        measurement was chosen in order to obtain more accurate measurements);
       The on-site measurements were compared with the dimensions on the original plans to ensure
        that there were no great anomalies; and
       It was discovered that a large section of unit 1 was never constructed, and that the layout,
        position and access to the rear lift well in Unit 3 was changed completely and was built below
        ground, accessed via the side courtyard of unit 3.

It is reiterated that the as-constructed site cover calculations on site have been determined in
accordance with the definition of site cover as outlined in Schedule 1 of the Noosa Plan 2020.

The applicant welcomes the opportunity to meet with Council officers on site if deemed necessary in
order to substantiate the as-constructed site cover measurements.

Issue

Performance Outcome PO12 of the Tourist Accommodation Zone code requires the maximum plot ratio
does not exceed 0.65:1. The proposed plans do not clearly indicate if the proposed garden room will
increase the plot ratio of the building beyond what is allowable under the Noosa Plan 2020.

Advice Required

2. Please provide plans detailing the proposed gross floor area in accordance with the Performance
   Outcome AO12 of Tourist Accommodation Zone code.

Please refer to the Amended Proposal Plans provided as Attachment 1 which detail the existing as-
constructed gross floor area on the site. It is noted that the proposed gross floor area will be 574.72m2
(560.87m2 existing plus 13.75m2 proposed) and, therefore, results in a plot ratio of 0.61:1. As such, the
proposed development complies with PO12 of the Tourist Accommodation Zone Code.




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Again, it is noted that the applicant has gone to considerable effort and expense in order to ensure that
the existing as-constructed gross floor area on the site has been accurately calculated in accordance
with the definition of gross floor area as outlined in Schedule 1 of the Noosa Plan 2020.

Attention is again drawn to the fact that the development was not constructed strictly in accordance with
the approved plans of development (development approval TPC 2707) which has resulted in some
discrepancies in calculated gross floor area as compared to the approved plans of development.

Specifically, the calculated as-constructed gross floor area is 560.87m2 as compared to the approved
gross floor area of 681.59m2 as shown on the approved plans of development (TPC 2707). This
discrepancy is due to the fact that some areas of the site that were defined as gross floor area on the
approved plans were never constructed, as well as some areas on the approved plans being calculated
as gross floor area which are not defined as gross floor area under the current Noosa Plan 2020 (for
example, areas for building services, plant or equipment).

With regard to the original figure of 681.59m2 gross floor area as shown on the original plans, the
following is noted.

The entirety of the Ground/Basement level included areas that were never constructed and others that
do not fit within Council’s definition of gross floor area. Therefore, the gross floor area for the
Ground/Basement level of 69.73m2 must come off the original gross floor area calculation leaving a net
figure of 611.86m2.

On Level 1, the non-existent staircase needs to come out as does the area for the water feature
(16.34m2) and the external staircase (12.8m2). This results in an overall gross floor area of 582.72m2.

On Level 2, removal of the areas not defined as gross floor area results in a gross floor area of
246.34m2. This results in an overall gross floor area of 566.87m2.

The Level 3 calculation is largely accurate; however, Level 4 reduces by the area of the main entry stair
(6m2) resulting in a total gross floor area of 560.87m2 based on the definition of gross floor area as
outlined in Schedule 1 of the Noosa Plan 2020.

If necessary, the applicant would welcome a site visit by Council officers as it can be clearly seen that
many areas that have been originally included as gross floor area have either never been constructed,
or are areas that are outside Council’s definition of gross floor area.

It is considered that the proposed development complies with PO12 of the Tourist Accommodation Zone
Code.

Method Used to Calculate As-Constructed Gross Floor Area on Site

To determine gross floor area, access was gained to all units to check measure the main walls to
compare the approved plans to ‘as-constructed’.

As a result, accurate figures for gross floor area as defined by Noosa Plan 2020 were determined.

It is reiterated that the as-constructed gross floor area calculations on site have been determined in
accordance with the definition of gross floor area as outlined in Schedule 1 of the Noosa Plan 2020.

The applicant welcomes the opportunity to meet with Council officers on site if deemed necessary in
order to substantiate the as-constructed gross floor area measurements.



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Issue

Acceptable Outcome AO13.1 of the Tourist Accommodation Zone code requires buildings and
structures are setback 1.5 metres when the building is up to 4.5 metres in height. The proposed plans
indicate the garden room will be setback 0.615m from the side boundary to the north.

Advice Required

3. Please address Performance Outcome PO13 of the Tourist Accommodation Zone code to justify
   the setback relaxation.

It is acknowledged that the proposed garden room will be setback 615mm from the northern side
boundary. However, attention is drawn to the fact that the proposed garden room will be for the
enclosure of an existing terrace area which contains an existing block wall located 615mm from the
northern side boundary. As such, the proposal does not represent an entirely new addition within the
side boundary setback, but only an enclosure of an existing terrace area.

Further, attention is drawn to the context of the subject site and its interface with the adjoining lot to the
north. Specifically, it is noted that the location of the proposed garden room is screened from the
adjoining premises by existing mature and dense vegetation and that the adjoining building is orientated
away from the side boundary. As such, the proposed garden room will not be visible from the adjoining
premises and, therefore, will not have any adverse impact on visual amenity whatsoever. This is
demonstrated in Figure 1 below.

It is also noted that the proposed garden room seeks to enclose an existing terrace area which is located
615mm from the northern side boundary. As such, the proposed development will actually result in a
reduction of any potential for adverse acoustic amenity impacts on the adjoining residents. Specifically,
the enclosure of the existing terrace area will provide increased acoustic attenuation of any existing
noise impacts associated with the use of the terrace.

To summarise the above, the proposed garden room will not be visually discernible in any way from the
adjoining premises and the enclosure of the terrace area will reduce any existing acoustic amenity
impacts resulting from its use. Therefore, there will be absolutely no impacts on the visual or acoustic
amenity of adjoining residents, and, in fact, any existing impacts will be reduced by the proposed
development.




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FIGURE 1 PROPOSAL RESULTS IN NO ADVERSE VISUAL OR ACOUSTIC AMENITY IMPACTS

Notwithstanding the above discussion, which clearly demonstrates that the proposed development will
not result in any adverse visual or acoustic amenity impacts, a full assessment of the proposed
development against PO13 of the Tourist accommodation zone code is provided in Table 1 below.

TABLE 1 PO13 TOURIST ACCOMMODATION ZONE CODE


 Performance Outcome                            Response
 Tourist Accommodation Zone Code
 PO13                                           Performance Outcome
 Buildings and other structures are designed    It is considered that the proposed development will
 and sited to:                                  meet the Performance Outcome in the following
                                                ways:
 a) provide a high level of amenity to users    The proposed garden room will not be visually
    of the subject site and adjoining           discernible in any way from the adjoining premises
    premises, including provision of visual     and the enclosure of the terrace area will reduce
    and acoustic privacy;
                                                any existing acoustic amenity impacts resulting
                                                from its use.
                                                Therefore, there will be absolutely no impacts on
                                                the visual or acoustic amenity of adjoining
                                                residents, and, in fact, any existing impacts will be
                                                reduced.
                                                Further, the proposed development will improve the
                                                level of amenity for users of the subject site through
                                                the provision of all-weather protection to the
                                                existing terrace area.
                                                It is considered that the proposed garden room
                                                provides a high level of amenity to users of the




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 Performance Outcome                               Response
                                                   subject site and adjoining premises, including
                                                   provision of visual and acoustic privacy.
 b) not unreasonably obstruct views or             The proposed garden room will be heavily buffered
    cause overlooking of private open space        by existing mature and dense screening vegetation
    or habitable areas of adjoining premises;      and will be located in an area of the site that will not
                                                   result in any obstruction of views or overlooking of
                                                   private open space or habitable areas of adjoining
                                                   premises.
                                                   The building on the adjoining premises is orientated
                                                   away from the location of the proposed garden
                                                   room and there are no private open space or
                                                   habitable areas that will be visible from the
                                                   proposed garden room.
                                                   As such, it is considered that the proposed garden
                                                   room will not unreasonably obstruct views or cause
                                                   overlooking of private open space or habitable
                                                   areas of adjoining premises.
 c) provide adequate distance from adjoining       The proposed garden room will have a building
    land uses;                                     separation to the adjoining building of
                                                   approximately 4m.
                                                   It is noted that the proposed garden room will have
                                                   a building height of less than 4.5m and, therefore, a
                                                   fully compliant side boundary setback would be
                                                   1.5m. It is noted that a fully compliant side
                                                   boundary setback on both lots would result in a
                                                   building separation of 3m (1.5m setback on each
                                                   lot).
                                                   As such, the proposed development provides a
                                                   building separation that substantially exceeds the
                                                   minimum building separation as sought by the Code
                                                   and, therefore, is considered to be more than
                                                   adequate.
                                                   Additionally, it is noted that the proposed
                                                   development is for the enclosure of the existing
                                                   terrace area, and does not reduce the existing
                                                   separation between the existing terrace area and
                                                   the adjoining premises.
                                                   The proposed building separation is depicted in
                                                   Figure 2 below.
 d) preserve existing vegetation that will help    The proposed garden room will enclose an existing
    buffer development;                            terrace area and will not result in any removal of the
                                                   existing mature and dense screening vegetation
                                                   that will buffer the development.
                                                   The proposed development preserves existing
                                                   vegetation that will help buffer development.




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 Performance Outcome                           Response
 e) allow for space and landscaping to be      The proposed garden room is for the enclosure of
    provided between buildings including       an existing terrace area and will not result in any
    adequate area at ground level for          reduction of space for landscaping to be provided
    landscaping with trees, shrubs, outdoor
                                               between buildings as compared to existing site
    living and utilities;
                                               conditions.
 f)   be consistent with the predominant       The proposed garden room will be located towards
      character of the surrounding area,       the rear of the existing building on site and will in no
      maintaining the visual continuity and    way be discernible from the street.
      pattern of buildings and landscape
      elements within the street; and          As such, the proposed development will maintain
                                               the visual continuity and pattern of buildings and
                                               landscape elements within the street.
                                               Please refer to Figure 3 below for a pictorial
                                               representation.
 g) protect the natural character and avoid    The proposed garden room is for the enclosure of
    adverse impacts on ecologically            an existing terrace area and will not result in any
    important areas such as the beach,         adverse impacts on the natural character or
    Noosa River, national parks and other
                                               ecologically important areas such as the beach,
    parklands.
                                               Noosa River, national parks and other parklands.

As demonstrated in Table 1 above, the proposed garden room complies with all aspects of PO13 of the
Tourist accommodation zone code and, therefore, it is considered that the proposed northern side
boundary setback is an entirely appropriate development outcome for the site.




FIGURE 2 PROPOSED BUILDING SEPARATION IS MORE THAN ADEQUATE




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FIGURE 3 PROPOSED GARDEN ROOM WILL NOT BE VISIBLE FROM THE STREETSCAPE

CONCLUSION AND SUPPORTING INFORMATION

The following information is attached in support of this Further Issues Response:

       Attachment 1 Amended Plans.

We trust this information is sufficient for your purposes. Should you require any further details or wish
to discuss these matters, please contact the undersigned on (07) 3831 5577.

Yours sincerely,




James Stott
Director




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Attachment 1 Amended Proposal Plans


Prepared by

Windrim Building




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