Delegated Report - Planning MCU17/0512

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0512
Applicant	Teeland Architects
Proposal	Material Change Of Use - Detached House (in Coastal Protection Area)
Properly Made Date	24 August 2017
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	26 October 2017
Report Completed Date	9 October 2017
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	15 Arakoon Cres Sunshine Beach Qld 4567
RP Description	Lot 776 RP 48111
Land Area	693 Square Metres
Existing Use of Land	Existing Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Resource Overlay – Coastal Protection Area Natural Hazard Overlay – Slide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a detached house located in the Coastal Protection Area. The applicant proposes to remove the existing dwelling and replace it with a new one which is the subject of this application. In the redevelopment of the site, the access driveway will be relocated from the southern side of the site to the northern side, A locality and proposal plans are provided below.

site details
Background
The site has an existing dwelling on site which was approved in 1981. Additions to the dwelling and a pool was added in 1989. The site is not located within an UXO area.
Site Description
The site has an existing dwelling on site. The site slopes up from Arakoon Crescent and has a number of mature trees within the site and road reserve.
Surrounding Land Uses
The site is surrounded by dwellings to the north, south, east and west.
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 planning scheme overlays are applicable to this application:

Natural Resources Overlay (Coastal Protection Area); and
Natural Hazards Overlay (Low Slide Hazard).
The following codes from the Noosa Plan are applicable to this development:
Natural Hazard Overlay Code
Detached House Code
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Plot ratio	45:1 max.	40:1	
Site cover	50% first storey and 30% second storey or 40% for both storeys	38% for upper floor 31% ground floor	
Soft landscaping	min 20% of total site area	At least 20m²	
Building height storeys metres	2/3 storeys max 8 metres	3 storeys (in part) 8 metres	x
Boundary setbacks Frontage Side Side Rear	6 metres min 2 metres min 2 metres min 6 metres or no part of the building protrudes beyond a projection line that rises from 1.8m above the ground at the property boundary to a point of 8m 6m in from the boundary.	6 metres 2.5 metres 2.5 metres 3 metres to the games room area which is 3 metres height at the rear, rising to 3.7, 3m in from the 3m setback.	
Length of wall	15 metres max	15.5 metres at the northern elevation	X
Carparking	2 covered min	2 covered	
cONSULTATION
Referral Agencies
The application was not referred to any Referral Agencies.

Other Referrals
The application was forwarded to the following internal Council officers:
Planning Assessment - Engineering

Public Notification
Not applicable.

conclusion & reasons for decision
Built form
A portion of the basement level double garage results in a 3 storey dwelling with the garage up to 1.5 metres above finished ground level. The maximum height of the building complies with the 8 metre height limit. The north and south walls are just over the 15 in length, articulated by a series of windows. To soften the building, landscaping is indicated on the plans along the southern and northern boundaries and will be conditioned as such.
Coastal Protection Area
The site is not directly located on the beachfront, being on the western side of Arakoon Crescent. Aside from this, the proposal has a seaward front boundary setback of 6.0m which is consistent with the requirements of the Natural Resources Overlay Code (Coastal Protection Areas). Adequate landscaping has been provided for and retention of vegetation will be conditioned as part of this approval.
Slope stability
The site is identified as located within a low landslip hazard area. A Slope Stability Assessment and Soil Test report were submitted with the application which has a number of recommendations associated with the construction of the new dwelling. Compliance with the recommendations of these reports will be conditioned as part of this approval.
Setbacks
Probable Solution S1.1 of the Detached House Code seeks a minimum side boundary setback of 1.5m to a building height of 4.5m and then a setback of 2.0m to a building height of 7.5m. The minimum setback is sought to retain the visual and acoustic amenity of users of the premises and to adjoining dwellings.

The application proposes a ground and first floor setback of 2.5m to the northern and southern side boundaries aside from two locations on the ground floor.  A drying deck (6m2) on the northern boundary encroaches into the setback by 1.5 metres and stairs on the southern boundary encroach 1 metre into the required setback. These 2 instances of reduced setbacks do not result in any appearance of excessive building bulk or have privacy implications for the neighbours.

The proposed setback to the western (rear boundary) is considered minor given the reduced height 3-3.7 metres and unlikely to negatively detract on the amenity of the adjoining dwelling. Appropriate screening of vegetation will be conditioned as part of this approval to soften the proposed building.
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
RECOMMENDATION
With regard to Application No MCU17/0512 for a Material Change Of Use - Detached House situated at 15 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 776 RP 48111, it was resolved to note that the report is provided in accordance with Section 63(5) of the Planning Act 2016 and that the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU17/0512
Street address:	15 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 776 RP 48111
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use (Dwelling)
CURRENCY PERIOD
The currency period for this development approval is 4 years starting the day that this development approval takes effect.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
TP301	TP02	Site Plan, drawn by Teeland Architects	August 2017
TP302	TP02	Basement Plan, drawn by Teeland Architects	August 2017
TP303	TP02	Ground Floor Plan , drawn by Teeland Architects	August 2017
TP304	TP02	Upper Floor Plan, drawn by Teeland Architects	August 2017
TP401	TP02	East & West Elevation, drawn by Teeland Architects	August 2017
TP402	TP02	South Elevation, drawn by Teeland Architects	August 2017
TP403	TP02	North Elevation, drawn by Teeland Architects	August 2017
TP501	TP02	Section A, drawn by Teeland Architects	August 2017
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Screening vegetation must be planted along the northern, southern and eastern boundaries in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guideline.
Street Trees
The property driveway must be located to avoid trees in the street verge. Alternatively, a request must be made to either Council to relocate the tree clear of the driveway.
Undercroft Screening
Undercroft skirting or screening (eg. timber battens) must be provided to the full height of any undercroft areas of the approved dwelling (including carparking structures) that are higher than 3 metres above ground level at the perimeter of the building/structure. OR, dense landscaping must be provided the eastern elevation to screen the full height of the dwelling’s undercroft area at that location.
Drainage and Earthworks
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Other than for accessways, filling must not extend more than 1 metre beyond the footprint of the approved dwelling when measured from its outer walls.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Geotechnical Stability
All works must be carried out in accordance with the recommendations of the Slope Stability Assessment and Soil Test Report prepared by SCG Consulting Engineers and dated 26 April 2017.
Coastal Protection
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.

referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Infrastructure Charges
This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for Operational Works the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building works
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.
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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