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Development Permit for Material Change of Use Detached
House
   Code Assessment




44 Seaview Terrace, Sunshine Beach




R Mead & C Bastock


March 2015



9799.s.14
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Full text of the other 21 pages

Page 2

Contents

EXECUTIVE SUMMARY........................................................................................................................ 3

SUMMARY TABLE ................................................................................................................................ 4

1.0          INTRODUCTION....................................................................................................................... 5

2.0          PROPOSAL .............................................................................................................................. 6

            2.1 Proposal Detail ................................................................................................................................ 6
            2.2 General Justification for Proposal / Design .................................................................................. 6
            2.3 Specialist Reports ........................................................................................................................... 8

3.0          PRE-APPLICATION / CONSULTATION HISTORY .................................................................. 9

            3.1 Past Applications / Approvals........................................................................................................ 9
            3.2 Pre-lodgement Meetings and Consultation .................................................................................. 9

4.0          SITE INFORMATION AND ANALYSIS ................................................................................... 10

5.0          ASSESSMENT FRAMEWORK ............................................................................................... 11

            5.1 Level of Assessment..................................................................................................................... 11
            5.2 State, Regional and Local Assessment ...................................................................................... 11
            5.3 Code Compliance .......................................................................................................................... 12

6.0          REFERRAL AGENCIES ......................................................................................................... 19

7.0          KEY PLANNING ISSUES ....................................................................................................... 20

8.0          CONCLUSION ........................................................................................................................ 21

List of Figures
Figure 1: Aerial Photograph .................................................................................................................................3
Figure 2: Proposed Development ........................................................................................................................6
Figure 3: Zone Map..............................................................................................................................................8

List of Tables
Table 1 - Summary Table ....................................................................................................................................4
Table 2 - Site Information...................................................................................................................................10
Table 3 - Assessment Framework .....................................................................................................................11




                  1     44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 3

Appendices
Appendix A – Proposal Plans

                     Title                        Plan No.                      Date
 Architectural Plans – Prepared by Popov Bass
                  Title Page                     0446-DA101                    27/03/15
                  Site Plans                     0446-DA102                    27/03/15
             Ground Floor Plan                   0446-DA103                    27/03/15
                Level 01 Plan                    0446-DA104                    27/03/15
                  Roof Plan                      0446-DA105                    27/03/15
         North and South Elevations              0446-DA106                    27/03/15
          East and West Elevations               0446-DA107                    27/03/15
            Longitudinal Sections                0446-DA108                    27/03/15
               Cross Sections                    0446-DA109                    27/03/15
               Area Diagrams                     0446-DA110                    27/03/15
               Earthworks Plan                   0446-DA111                    27/03/15
         External Finishes Schedule              0446-DA112                    27/03/15
 Structure Plans – Prepared by Geo Consulting Incorporating
         Foundations Details (layout)          S8492 Sheet 4-01                25/03/15
         Typical Pool Cross-Section            S8492 Sheet 4-02                25/03/15
               Cross-Sections                  S8492 Sheet 4-03                25/03/15

Appendix B – Supporting Documents

       Site Location Diagram (including Aerial Photograph)
       Photographs of Site and Surrounds

Appendix C – Code Compliance

       Eastern Beaches Locality Plan Code
       Detached House Code
       Natural Hazards Overlay Code
       Natural Resources Overlay Code

Appendix D – Specialist Reports

       Landscape Concept Plan




           2   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 4

EXECUTIVE SUMMARY
This application seeks approval for:-

        Development Permit – Material Change of Use for a Detached House where not complying with the
         Detached House Code and located in the Natural Hazards and Natural Resources Overlays.

The site is located at 44 Seaview Terrace, Sunshine Beach and is described as Lot 58 on RP81810. It has a
site has an area of 640m² and located within the Detached Housing Zone of the Noosa Plan 2006. Refer to
Figure 1 – Aerial Photograph for context details.




                                          Figure 1: Aerial Photograph
Source: Google Earth

This report is set out to provide site detail and description of the proposed development measured against the
Noosa Plan 2006. This application is accompanied by proposal plans, location maps and technical reports.




             3   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 5

SUMMARY TABLE
Table 1 - Summary Table

Address of Site: 44 Seaview Terrace, Sunshine Beach Qld 4567
Real Property Description: Lot 58 RP81810
Area of Site: 640m²
Regional Plan Land Use Category: Urban Footprint
Planning Scheme: Noosa Plan 2006 (Amendment No. 5 – 16 September 2013)
Locality Plan: Eastern Beaches Locality
Zone: Detached Housing
Name of Owner: Robert Mead and Catherine Bastock
Type of Application:                      Pre-lodgement / Consultation:
                         Type of            Council:                  Y / N     Date          Contact Name
  Aspects of            Approval           - DA
 Development           Requested
                                           - Other
                     PA        DP          (eg. Unity Water)
       MCU                                 Referral Agencies
       RoL                                 Community:
       BW                                  Local Councillor:
       OW                                  Other:
PA 242     yes     no
Brief Description/ Purpose of Proposal: This application seeks Development Approval for a – Material
Change of Use for a Detached House where not complying with the Detached House Code and located in the
Natural Hazards and Natural Resources Overlays.
Referral Agencies: N/A
                 Agency                          C / A                   Referral Agency response received?
 N/A                                                                                    yes    no
Level of Assessment:       code         impact
Public Notification:      no      yes            If Yes:    15       30 business days
Superseded Planning Scheme Application:                no      yes
Assessment Manager / Council Officer Previously Involved: Nil
Applicant: R Mead & C Bastock c/- Norris Clarke & O’Brien Pty Ltd
Contact: Nick Holt
Email: [email protected]
Address: Level 1 – 19 Hope Street, South Brisbane QLD 4101
Phone: (07) 3012 0000
Fax: (07) 3012 0099




             4    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 6

1.0         INTRODUCTION
This application seeks approval for:

         Development Permit – Material Change of Use for a Detached House where not complying with the
          Detached House Code and located in the Natural Hazards and Natural Resources Overlays.

The proposal seeks approval to construct a new dwelling over the subject site. It is considered that the
dwelling is appropriate for the site on the basis that it is consistent with surrounding and emerging
development patterns and consistent with the intent of the Noosa Planning Scheme 2006. The site is currently
being serviced by all relevant services including sewerage, reticulated water, stormwater drainage, electricity
and telecommunications infrastructure.




             5   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 7

2.0        PROPOSAL
2.1   PROPOSAL DETAIL

The proposal seeks approval to construct a new double storey dwelling over the subject site. The dwelling will
consist of the following:

Ground Floor
    Double garage;
    Laundry;
    Powder Room;
    Kitchen;
    Dining room;
    Living room;
    Bar;
    Rumpus room;
    Internal courtyard; and,
    Internal staircase.

First Floor:
     Master bedroom with WIR and ensuite;
     Bedroom 2;
     Bedroom 3;
     Bedroom 4;
     Bathroom; and,
     Outdoor seating area / balcony.




                                       Figure 2: Proposed Development

2.2   GENERAL JUSTIFICATION FOR PROPOSAL / DESIGN

The proposed development has been assessed against the zone code, local plan and overlays; with respect to
surrounding and identified future intended development patterns and is considered an appropriate


            6    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 8

development outcome for the site. For assessment against the specific provisions of the relevant Noosa Plan
Codes refer to Section 5.3 of this report.

Height

Majority of the double storey dwelling remains below 8m above ground level; however a small portion of the
house exceeds 8m along the eastern (rear) wall. It is considered that the small non-compliance is negligible
considering it is not visible from the street and relates only to a small portion of the roofline. Further, it has a
lesser height at the rear boundary than the two adjoining houses either side.

Setbacks

Performance outcomes are requested with regard to front and side boundary setbacks. It is submitted that
despite this, the proposal maintains the privacy and amenity of adjoining properties. Please see Section 5.3 –
Code Compliance for detailed assessment against the relevant Performance Outcomes.

Car Parking / Access

Access to the site will be via Seaview Terrace and a double garage is proposed to in accordance with the
requirements of the Residential Uses Code.

Materials

Materials used will be consistent with those surrounding the subject site, the dwelling will feature render
finished walls, ceramic tiles, glass balustrades, timber cladding, translucent glass, glazed brickwork and more.
Please refer to the proposal plans in Appendix A for further detail.

Open Space

The proposed dwelling will maintain generous amounts of private open space in the form of outdoor recreation
areas and general open space. The proposal will provide for sufficient usable private open space areas for the
future occupants.

Surrounding Development Patterns

The subject site is currently included within the Detached Housing Zone of the Noosa Planning Scheme 2006
(refer to Figure 3 – Zone Map). The immediate surrounding area predominantly consists of residential
dwellings consistent with the zoning intent.




             7    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 9

                                                Figure 3: Zone Map
Source: The Noosa Plan 2006

2.3    SPECIALIST REPORTS

Given the low risk nature of this application, it is deemed that no additional specialist reports are necessary.




             8   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 10

3.0       PRE-APPLICATION / CONSULTATION HISTORY
3.1   PAST APPLICATIONS / APPROVALS

On 9 January 2013 the Sunshine Coast Council granted approval for a Development Permit for a Material
Change of Use for a Detached House. Council’s Application Number is MCU12/0159. This approval was
granted under the Noosa Plan (8 August 2011). The Department of Environment and Heritage Protection were
an advice agency for land within a Coastal Management District. The approval is for a two storey dwelling.


3.2   PRE-LODGEMENT MEETINGS AND CONSULTATION

No formal pre-lodgement was held for the proposed development.




            9   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 11

4.0          SITE INFORMATION AND ANALYSIS
The following Table represents the existing site characteristics relevant to this development application.

Table 2 - Site Information


                                          PHYSICAL DESCRIPTION


 Site Area                              640m²


 Road Frontage                          The site has a frontage to Seaview Terrace


 Significant Vegetation                 The subject site does not contains vegetation protected under the
                                        Biodiversity Overlay; however the proposed dwelling will located
                                        wholly outside this area and will not involve the removal of any
                                        protected trees / vegetation.


 Existing Infrastructure &              The subject site is currently provided with all required services,
 Development                            including electricity, reticulated water, sewer and
                                        telecommunications infrastructure.


                          LAND USE CONTEXT AND SURROUNDING LAND USES


 Neighbouring Uses / Context            The subject site and surrounds are located within the Detached
                                        Housing Zone. This is the last vacant parcel of land in the local
                                        surrounds which comprise detached dwellings.




             10   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

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5.0        ASSESSMENT FRAMEWORK

5.1   LEVEL OF ASSESSMENT

Under the provisions of the Noosa Plan 2006 the site is located in the Eastern Beaches Locality, Detached
Housing Zone.

Zone Code Levels of Assessment

Under Table 7.1 (Assessment Table for the Detached Housing Zone) in the Eastern Beaches Locality, a
Detached House is Self Assessable unless it does not comply with Column 2 of Table 14.28 – 14.30 of the
Detached House Code when it is Code Assessable. As the proposed dwelling will be seeking Performance
Solutions for height and setbacks, the application will be subject to Code Assessment against the Detached
House Code.

Overlay Code Levels of Assessment

Under Table 13.1 (Assessment Categories and Relevant Assessment Criteria for the Biodiversity Overlay) a
detached house is exempt where located within an approved building envelope designated for that use. Given
that the proposed development is located wholly outside the mapped Environmental Protection Area the
proposed dwelling is exempt against the Biodiversity Overlay Code.

Under Table 13.6 (Assessment Categories and Relevant Assessment Criteria for the Natural Hazards and
Natural Resources Overlays) a detached house is Code Assessable where on land identified as a Landslide
Hazard Area and on land identified as a Bushfire Hazard Area. Therefore the proposal is subject to Code
Assessment against the Natural Hazards and Natural Resources Overlays Codes.

Therefore, as discussed above, the proposed Detached Dwelling will be subject to Code Assessment
procedures against the Detached House Code, Natural Hazards Overlay Code and Natural Resources Overlay
Code.

5.2   STATE, REGIONAL AND LOCAL ASSESSMENT

Table 3 below outlines the State, Regional and Local assessment framework for the proposal.

Table 3 - Assessment Framework


                                           STATE FRAMEWORK


Sustainable Planning Act          This application seeks approval for a Development Permit: Material
2009                              Change of Use (Detached House).

                                  This application is made under the Sustainable Planning Act 2009.


Single State Planning Policy      There are no SPP Codes specifically related to this development
                                  application.


SARA SDAP State Codes             There are no SARA SDAP State Codes relevant to this development
                                  application.

           11   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 13

                                             REGIONAL FRAMEWORK


South East Queensland               The subject site is located within the Urban Footprint of the SEQ Regional
Regional Plan 2009 – 2031           Plan area. The urban footprint ‘includes sufficient land to accommodate the
                                    full range of acceptable urban uses, such as housing, industry, business,
                                    infrastructure, community facilities and urban open spaces projected to be
                                    required over the next 20 years’.

                                    The proposed Detached House is consistent with the purpose of the Urban
                                    Footprint.


Priority Development Area           The site is not within a Priority Development Area.


                                              LOCAL FRAMEWORK


Noosa Plan 2006                     The Noosa Plan 2006 acts as the primary instrument to help establish
                                    desired uses on the site. The subject site is located within the Detached
(Amendment No. 5 – 16               Housing Zone which encourages detached houses.
September 2013)

Locality                            Eastern Beaches Locality


Zone                                Detached Housing Zone


Codes                                        Eastern Beaches Locality Code
                                             Detached Housing Zone Code
(See Code Compliance Below)                  Natural Hazards Overlay Code
                                             Natural Resources Overlay Code


5.3    CODE COMPLIANCE

The proposed development has been assessed against the relevant and applicable Codes of the Noosa Plan
2006 as follows:

Eastern Beaches Locality Code

The subject site falls within the boundaries of the Eastern Beached Locality, in particular the Detached
Housing zone. Assessment against the specific outcomes and probable solutions of the Eastern Beaches
Locality Code was carried out with the development complying where relevant with the exception of the
following. Refer to Appendix C for a full address of the Easter Beaches Locality Code.

           O4

           Buildings and other structures—
           a) are low rise and present a building height consistent with structures on adjoining and surrounding
                land;
           b) do not exceed a maximum height of—
             12   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 14

   i.      For the Attached Housing Zone within Sunshine Beach—3 storeys;
  ii.      For the Visitor Mixed Use Zone—3 storeys, except for Lots 75-77 P9311 Heron Street,
           Peregian Beach—2 storeys; or
  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.

S4.1

Buildings and other structures have a maximum height of —
a) if in the Attached Housing Zone and located in Sunshine Beach—12m;
b) if in the Visitor Mixed Use Zone—12m, except for Lots 75-77 Heron Street, Peregian Beach—8m;
c) if in the Open Space Recreation Zone or the Community Services Zone and used for an indoor
     sporting complex—11m;
d) if in the Rural Settlement Zone—8m, or 9m where the pitched roof but no other part of the
     building or structure exceeds 8m; or
e) in all other zones— 8m.

Response:

The site is not located in a zone listed in (a) to (d). As such the acceptable solution height is
8m. The proposed dwelling slightly exceeds 8m above ground level; therefore a performance
outcome is requested. It is considered that the minor non-compliance is negligible, given that
the portion exceeding 8m in height relates to a minor roofline, with the rest of the house
remaining under 8m. The roofline is also located at the rear of the site and not visible from
the street; therefore the proposed dwelling height will not result in a dominating built form that
overshadows surrounding houses. Further, a previous approval over the site was granted for
a house that also exceeded 8m above ground level, similar to that proposed. The extent of
which can be viewed in the Proposal Plans in Appendix A.

O5

Buildings and other structures are appropriately designed and sited to—
a) provide amenity for users of the premises as well as preserve the visual and acoustic privacy of
     adjoining and nearby properties;
b) provide adequate distance from adjoining uses;
c) preserve any existing vegetation that will buffer the proposed building;
d) allow for landscaping to be provided between buildings and street frontages and between
     neighbouring buildings;
e) maintain the visual continuity and pattern of buildings and landscape elements within the street;
     and
f) protect the natural character and visual amenity of the beachfront.

S5.1

Buildings and structures comply with the minimum building setbacks identified in Schedule 1 -
Minimum Boundary Setbacks.

Response:



  13    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

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       Schedule 1 identifies a minimum front boundary setback for the Detached Housing Zone as 6m. The
       proposed house is setback a minimum 6m from the front boundary; however the garage is located a
       minimum 2.2m away from the font boundary. As such, a Performance Outcome is requested. It is
       considered that the proposed garage location will not result in adverse impacts on surrounding
       properties based on the following:
        The proposed garage is single storey and will not dominate the street frontage of the site;
        The bulk and scale of the proposed dwelling is consistent with surrounding developments;
        The proposed setback is consistent with existing dwelling setbacks along Seaview Terrace,
           particularly to the north of the site; and,
        The proposed front boundary setback is generally in accordance with the previously approved
           dwelling on the subject site.

       Schedule 1 also specifies a minimum side boundary setback of 2m plus 0.5m for every 3m or part
       thereof above 7.5m height. Therefore the required setback is 2.5m. The proposed side boundary
       setbacks are 1.5m from the northern boundary and 2.2m from the southern boundary. Therefore a
       performance outcome is also requested. It is considered that proposed setbacks will not impact on
       the amenity of adjoining dwellings on the following basis:
        The proposed setbacks are generally in accordance with those previously approved on-site as
            part of development application MCU12/0159.
        The 1.5m setback relates solely to the proposed rumpus room, the remaining portion of the
            house is setback a minimum of 2.4m from the northern boundary.
        Sufficient screening trees will be provided in order to maintain privacy between adjoining
            properties and the proposed dwelling in accordance with the appended Landscape Concept
            Plan.

       O28

       Garages and carports are designed and sited to visually integrate with the building and avoid
       dominating the street.

       S28.1

       Garages and carports—
       a) have a front boundary setback of at least 6m; and
       b) adopt a roof form and building style similar to that of the building; and
       c) present a minimum width to the streetscape (the total width of garage doors is no more than 6m
           or 50% of the frontage width, whichever is the lesser, where the structure faces the street); or
       d) that are visible from, but do not face the street, include windows or other articulation and have a
           6m landscaped buffer between the structure and the road frontage.

       Response:

       The proposed garage is located a minimum 2.2m away from the font boundary. As such, a
       Performance Outcome is requested. It is considered that the proposed garage location will not result
       in adverse impacts on surrounding properties based on the following:
        The proposed garage is single storey and will not dominate the street frontage of the site;
        The proposed setback is consistent with existing dwelling setbacks along Seaview Terrace,
            particularly to the north of the site;
        The roof form of the garage is of a similar style to surrounding developments; and,
        Will not exceed 6m in width.
        The proposed garage setback is generally in accordance with the previously approved dwelling
            over the subject site (Noosa Council Reference MCU12/0159).

Detached Housing Zone Code


         14    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 16

The proposed development was assessed against the provisions of the Detached Housing Zone Code and
complied where relevant with the following exceptions. Please refer to Appendix C – Code Compliance for a
full address for the Detached Housing Zone Code.

        O1

        Buildings and other structures are appropriately designed and sited to—
        a) provide amenity for users of the premises as well as preserve the visual and acoustic privacy of
             adjoining and nearby land uses;
        b) preserve any existing vegetation that will buffer the proposed building from adjoining uses;
        c) allow for landscaping to be provided between buildings;
        d) maintain the visual continuity and pattern of buildings and landscape elements within the street;
        e) for class 10a structures, do not visually dominate the street;
        f) avoid any significant adverse impacts on the natural values of waterways and their foreshores,
             including those of the Noosa River and its lakes; and
        g) do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas.

        S1.1

        The minimum setback of the Detached house or dwelling unit and associated buildings and
        structures from boundaries is not less than the minimum specified in Schedule 1.

        Response:

        Schedule 1 identifies a minimum front boundary setback for the Detached Housing Zone as 6m. The
        proposed house is setback a minimum 6m from the front boundary; however the garage is located a
        minimum 2.2m away from the font boundary. As such, a Performance Outcome is requested. It is
        considered that the proposed garage location will not result in adverse impacts on surrounding
        properties based on the following:
         The proposed garage is single storey and will not dominate the street frontage of the site;
         The bulk and scale of the proposed dwelling is consistent with surrounding developments; and,
         The proposed setback is consistent with existing dwelling setbacks along Seaview Terrace,
            particularly to the north of the site.
         The proposed front boundary setback is generally in accordance with the previously approved
            dwelling on the subject site.

        Schedule 1 also specifies a minimum side boundary setback of 2m plus 0.5m for every 3m or part
        thereof above 7.5m height. Therefore the required setback is 2.5m. The proposed side boundary
        setbacks are 1.5m from the northern boundary and 2.2m from the southern boundary. Therefore a
        performance outcome is also requested. It is considered that proposed setbacks will not impact on
        the amenity of adjoining dwellings on the following basis:
         The proposed setbacks are generally in accordance with those previously approved on-site as
             part of development application MCU12/0159.
         The 1.5m setback relates solely to the proposed rumpus room, the remaining portion of the
             house is setback a minimum of 2.4m from the northern boundary.
        Sufficient screening trees will be provided in order to maintain privacy between adjoining
        properties and the proposed dwelling in accordance with the appended Landscape Concept
        Plan.

        O8

        Buildings and other structures—
        a) are low rise and present a building height consistent with structures on adjoining and surrounding
             land;
        b) have a maximum building height of—
           15   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 17

    i.    for Visitor Mixed Use Zone— 3 storeys; or
   ii.    if in the Noosa Heads Locality Attached Housing Zone—
        Lot 4 on SP100064 in Serenity Close Noosa Heads— 4 storeys
        Otherwise— 3 storeys
  iii.    iii) if in the Noosaville Locality and the Attached Housing Zone with frontage to the following
          streets: - Russell St, William St and Howard St, or Weyba Rd, James St and Albert St north
          of their intersections with Elizabeth St (as well as properties fronting Gympie Terrace or
          Noosa Parade between Weyba Road and Russell Street)— 3 storeys;
  iv.     iv) otherwise– 2 storeys;
c) do not visually dominate the street, surrounding spaces or the existing skyline;
d) preserve the amenity of surrounding land including privacy, views and access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site by stepping down the slope or sitting above the ground
     level on stumps, for sloping sites.

S8.1

The maximum building height in metres and storeys is—
a) if in the Visitor Mixed Use Zone – 12m (but not exceeding 3 storeys); or
b) if in the Noosa Heads Locality, Attached Housing Zone –
   i.      Lot 4 on SP 100064 in Serenity Close Noosa Heads – 15m (but not exceeding 4 storeys);
  ii.      ii) Otherwise – 12m (but not exceeding 3 storeys);
c) if in the Noosaville Locality and the Attached Housing Zone and with frontage to the following
      streets: - Russell St, William St and Howard St, or Weyba Rd, James St and Albert St north of
      their intersections with Elizabeth St (as well as properties fronting Gympie Terrace or Noosa
      Parade between Weyba Road and Russell Street)–12m (but not exceeding 3 storeys);
d) if in the Rural Zone or Rural Settlement Zone – 8m or 9m where the pitched roof, but no other
      part of the building or structure, exceeds 8m (but not exceeding 2 storeys either way); or
e) otherwise –8m (but not exceeding 2 storeys).

Response:

The site is not located in a zone listed in (a) to (d). As such the acceptable solution height is
8m. The proposed dwelling slightly exceeds 8m above ground level; therefore a performance
outcome is requested. It is considered that the minor non-compliance is negligible, given that
the portion exceeding 8m in height relates to a minor roofline, with the rest of the house
remaining under 8m. The roofline is also located at the rear of the site and not visible from
the street; therefore the proposed dwelling height will not result in a dominating built form that
overshadows surrounding houses. Further, a previous approval over the site was granted for
a house that also exceeded 8m above ground level, the extent of which can be viewed in the
Proposal Plans in Appendix A.

O17

Within the Detached Housing, Semi-Attached Housing, Attached Housing and Visitor Mixed Use
Zones, garages, carports and other class 10a structures are designed and sited to visually integrate
with the dwelling unit and avoid dominating the street by—
a) minimising the width of the structure; and
b) minimising projection of the structure forward of the main face of dwelling unit.

S17.1

Within the Detached Housing, Semi-Attached Housing, Attached Housing and Visitor Mixed Use
Zones, garages, and carports and other class 10a structures—
  16      44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 18

        a) have a front boundary setback of at least 6m; and
        b) garage doors that face the street and are visible from the road frontage have a maximum width of
           6m within any one plane, with additional garage doors setback an additional 1m from the
           frontage to break up the width of the garage façade.

        Response:

        The proposed garage is located a minimum 2.2m away from the font boundary. As such, a
        Performance Outcome is requested. It is considered that the proposed garage location will not result
        in adverse impacts on surrounding properties based on the following:
         The proposed garage is single storey and will not dominate the street frontage of the site;
         The proposed setback is consistent with existing dwelling setbacks along Seaview Terrace,
             particularly to the north of the site;
         The roof form of the garage is of a similar style to surrounding developments; and,
         Will not exceed 6m in width.

Natural Hazards Overlay Code

The proposed development was assessed against the purpose and overall outcomes of the Natural Hazards
Overlay Code and complied where relevant, with the following exceptions. Refer to Appendix C for full
assessment against the Biodiversity Overlay Code.

        O1

        Development is located to ensure it does not compromise the safety of people, property or hazardous
        materials manufactured or stored in bulk by increasing risk of landslide;

        S1.1

        The proposed development is not located in a landslide hazard area as indicated on Overlay Maps
        OM1.3-OM9.335;
        OR

        S1.2

        The development site is not subject to landslide, either internally or from sloping land above the site
        {eg. slopes are less than 1 in 10 (10%)
        AND

        S1.3

        Development, including necessary earthworks within Precinct F of the Noosa Springs site, improves
        the stability of any non-natural landform so it is not at risk from landslide either on the site or from
        sloping land above the site.

        S2.1

        No solution provided

        Response to S1.2 to S2.1:

        The proposed dwelling is located within a Land Slide Hazard Area and therefore a Performance
        Outcome is requested. It is considered that the proposed dwelling will not compromise the safety of
        people or properties as the dwelling will be located in a similar position to the recently approved
        dwelling over the subject site (MCU12/0159). The proposed development is generally in accordance
          17    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 19

        with the previously approved Geotechnical Report submitted with the original application. Further,
        confirmation was received from Noosa Council’s Planning Manager that the proposal would be
        accepted without a new Geotechnical Report on the basis that additional detail was provided
        regarding the proposed foundation. Please refer to Appendix A – Proposal Plans for these details.

        O4

        The proposed use does not compromise the safety of people or property from bushfire.

        S4.1

        The use is sited on land that is not in a Medium or High Bushfire Hazard Area38;
        OR

        S4.2

        The use is sited on land that is determined as low bushfire risk by a site specific bushfire hazard
        assessment.

        Response to S4.1 to S4.2:

        Due to the low risk nature of the proposal, a Detached Dwelling, it is considered that a bushfire
        hazard assessment is not necessary for this application. The proposed built form is consistent with
        that already approved over the subject site under Application Number MCU12/0159, as such; it is
        deemed that the proposal will not compromise the safety of people of properties from bushfire threats.

Natural Resources Overlay Code

The proposed development was assessed against the purpose and overall outcomes of the Natural Resources
Overlay Code and complied where relevant. Refer to Appendix C for full assessment against the Natural
Resources Overlay Code.




          18    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 20

6.0         REFERRAL AGENCIES
There are no State referrals applicable or identified for this application.




            19    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 21

7.0       KEY PLANNING ISSUES
The proposed Detached House is generally compliant with all applicable Zone and Overlay Codes of the
Noosa Plan 2006. Where an Acceptable Solution cannot be achieved, a reasonable Performance Solution has
been provided. The proposed dwelling is generally consistent with the previously approved dwelling over the
subject site (Noosa Council Reference Number MCU12/0159). It is therefore it is considered that no planning
issues have arisen from the proposed development.




           20   44 Seaview Terrace, Sunshine Beach – Development Assessment Report

Page 22

8.0         CONCLUSION
This development application seeks Development Approval for the following:

     Development Permit – Material Change of Use for a Detached House where not complying with the
      Detached House Code and located in the Natural Hazards and Natural Resources Overlays.

The subject site is located at 44 Seaview Terrace, Sunshine Beach, or otherwise described as Lot 58 on
RP81810. The subject site is located within the Detached Housing Zone of the Eastern Beaches Locality.

The proposed development is seen as desirable development for the site on the basis that:

     The proposal represents a high level of compliance with the applicable and relevant Codes and
      Provisions of the Noosa Plan 2006;
     The development is of an appropriate size, scale and bulk for the Low Density Residential Zone and will
      be consistent with adjoining and surrounding developments;
     The proposal will not adversely impact any neighbouring properties;
     The proposal has been sited to minimise any adverse impacts to on-site environmental / ecological values
      and features;
     The proposal is consistent with the intent of the Eastern Beaches Locality;
     The proposal is consistent with the intent of the Detached Housing Zone; and,
     The proposal will further facilitate the use of the site as a residential style living option consistent with
      adjoining and surrounding land use.




            21    44 Seaview Terrace, Sunshine Beach – Development Assessment Report

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