Development Application for Material Change of Use for Multiple Housing Type 4 - Conventional and Visitor Accommodation Type 4 - Conventional - MCU14/0008

Development Application for Material Change of Use for Multiple Housing Type 4 - Conventional and Visitor Accommodation Type 4 - Conventional - MCU14/0008

Document information

Author	Planning Technical Officer, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0008 & Subject / Material Change of Use

Attachments	1.	Locality Map
2.	Site Plan
3.	Perspective
4.	Typical Floor Plan

APPLICATION DETAILS
Applicant	Adamson Town Planning on behalf of Raphill Pty Ltd
Proposal	Development Permit for Material Change of Use – Multiple Housing Type 4 -  Conventional and Visitor Accommodation  Type 4 -  Conventional
Properly Made Date	5 February 2014
Information Request Date	20 February 2014
Information Response Date	24 March  2014
Decision Due Date	26 June 2014
Number of Submissions	2 Properly Made and 1 not properly made

PROPERTY DETAILS
Property Address	226 David Low Way, Peregian Beach
RP Description	Lot 12 SP 207105
Land Area	1201m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Semi-Attached Housing
Overlays	No Overlays Applicable
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Planning Technical Officer regarding Application No. MCU14/0008 for a Development Permit for a Material Change of Use for Multiple Housing Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional situated at 226 David Low Way, Peregian Beach and;
Approve the application in accordance with the following 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 authorised by this approval must be undertaken generally in accordance with the Approved Plans listed below, unless otherwise amended by the conditions of approval.
Plan No.	Rev.	Plan Name, prepared by	Date
A.01.1	K	Site Plan, prepared by Hinton Steel Frames	20-03-14
A.01.2	G	Renders, prepared by Hinton Steel Frames	20-03-14
A.01.3	G	Renders, prepared by Hinton Steel Frames	20-03-14
Units 1, 2 & 3
		Perspectives -  Units 1, 2,& 3, prepared by Hinton Steel Frames	N.D
A.01.2	H	Ground Floor, prepared by Hinton Steel Frames	20-03-14
A.01.3	H	First Floor, prepared by Hinton Steel Frames	20-03-14
A.01.4	H	Elevations, prepared by Hinton Steel Frames	20-03-14
A.01.5	H	Elevations, prepared by Hinton Steel Frames	20-03-14
Units 4 & 5
		Perspectives -  Units 4 & 5, prepared by Hinton Steel Frames	N.D
A.01.2	I	Ground Floor, prepared by Hinton Steel Frames	20-03-14
A.01.3	I	First Floor (annotated), prepared by Hinton Steel Frames	20-03-14
A.01.4	I	Elevations, prepared by Hinton Steel Frames	20-03-14
A.01.5	I	Elevations, prepared by Hinton Steel Frames	20-03-14
Units 6 & 7
		Perspectives -  Units 6 & 7, prepared by Hinton Steel Frames	N.D
A.01.2	H	Ground Floor, prepared by Hinton Steel Frames	20-03-14
A.01.3	H	First Floor, prepared by Hinton Steel Frames	20-03-14
A.01.4	H	Elevations, prepared by Hinton Steel Frames	20-03-14
A.01.5	H	Elevations, prepared by Hinton Steel Frames	20-03-14
Units 8 & 9
		Perspectives -  Units 8 & 9, prepared by Hinton Steel Frames	N.D
A.01.2	J	Ground Floor, prepared by Hinton Steel Frames	20-03-14
A.01.3	J	First Floor, prepared by Hinton Steel Frames	20-03-14
A.01.4	J	Elevations, prepared by Hinton Steel Frames	20-03-14
A.01.5	J	Elevations, prepared by Hinton Steel Frames	20-03-14
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do 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 $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Internal design
Each unit must have a maximum of 1 bedroom. In this regard the wall between the kitchen and the adjoining room (containing the WC) must remain at half height.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m except for the block fence to the east and north sides of the Energex transformer easement
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing and the development from the street.
Clothes Drying and Storage Areas
Each dwelling unit must be provided with storage facilities pursuant to the Noosa Plan and to the satisfaction of Council. In this regard, an amended plan must be submitted as part of the operational works application.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
Landscaping Works
The development site must be landscaped*. The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines and must include in particular:
to the north of the driveway, a minimum of a 1 metre wide landscaped garden must be provided along the front boundary within the site excluding the bioretention basin. This may narrow only at the south end of the visitor parking space.
to the south of the driveway, the area between the stepped screen wall and the front boundary and the footpath must be densely landscaped and must include 2 x 45 litre tall plantings appropriately placed to screen units 8 and 9.
landscaping must be provided for the full length of the side and rear boundaries. The landscaping must incorporate a combination of tall and understorey plantings and must include;
a minimum of 4 x 45 litre suitable tall trees provided to the eastern boundary to the rear of each of units 4 (planted outside of the easement), 5, 6, and 7
dense screening to the southern boundary
2 x 45 litre trees to the southern end of the driveway between units 7 and 9
a landscaped garden must be provided for the full length of unit 8 northern elevation and must be as wide as practicable to ensure vehicle turning can be achieved
a minimum of a 0.6m wide landscaped garden must be provided for the full length of unit 3 eastern elevation adjacent to the visitor parking space
provision of 3 x 45 litre street trees within the road reserve. In this regard 1 tree must be located to the south side of the driveway and 2 trees to the north of the driveway.
*(Refer to Advisory Note)
All landscape works must be established and maintained in accordance with horticultural best practice with construction techniques and irrigation that allow for healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
ENGINEERING
External Works
David Low Way must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
reinstatement of the footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is disturbed.
Site Access and Driveways
A sealed access driveway must be provided from David Low Way to all parking and maneuvering areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover in accordance with IPWEAQ standard drawing SEQ R-051
suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety
The internal driveway must be designed and constructed with widths, crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 - Parking Facilities.
Car Parking
A minimum of 12 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
3 visitor parking spaces within the total, which are clearly marked for that purpose and accessible at all times for visitor use
crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 - Parking Facilities
garages, including door openings, in accordance with section 5.4 of Australian Standard AS/NZS 2890.1:2004 - Parking Facilities
Pedestrian
Pedestrian facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular a 2 metre wide concrete footpath within the road verge for the entire length of the site’s frontage to David Low Way.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be:
generally in accordance with drawing number 17011-SW1 B prepared by SCG Consulting Engineers
undertaken in accordance with an Operational Works approval.
Electricity and Telecommunication Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
ENVIRONMENT
Waste Storage
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighboring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system which can be achieved by a bunded area, with a nib wall height of 100mm maximum, enclosing a wash area of 700mm x 700mm minimum (max 0.7m²).  Alternatively the waste area can be roofed, or any other appropriate design approved by council that would prevent storm water entry to the sewer.
Noise
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following :
Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable =  background + 3dB(A)
Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building. All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
UNITYWATER
Reticulated water supply and sewerage must be provided to the development.
Construction activities must not impede the access of Unitywater or Fire Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer access chambers).
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
The existing 150mm diameter asbestos concrete watermain in David Low Way must be replaced for the full frontage of the development site with DICL pipes. The replacement works must be completed prior to placing construction materials/site offices over or adjacent to the water main alignment.
A single Unitywater installed primary water meter must be provided immediately inside the property boundary.  Additional water meters must be installed for each title of a community title or sub-lease scheme. Meters must be Unitywater approved, installed in accordance with Unitywater requirements and remain accessible at all times for reading and maintenance purposes.
Water meters must be located on alternative boundaries to electrical pillars.
Buildings and other structures must maintain a minimum clearance of 1.5 meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole chamber or sewer inspection opening.
The level of the existing sewer manholes must be adjusted to suit the proposed finished surface levels. Work must be undertaken by Unitywater at the applicant’s cost or by the applicant’s private contractors following submission to Council of an Operational Works application and approval of the application.
Easements of between 3 and 10 metres must be provided over all Unitywater sewers located within property boundaries in accordance with the SEQ standards. Easements shall be centred over the pipe. Easement terms shall be the most current registered dealing held by the Department of Natural Resources & Mines and shall not be altered or amended.
Storm water retention systems and gross pollutant traps must maintain a minimum clearance of 1.5 meters from Unitywater water supply and sewerage infrastructure.
Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from Unitywater water mains and 1.5 metres from Unitywater sewerage mains. Landscaping plants within these clearances must be low growing when mature, and suitable approved varieties.
Construction works undertaken in the vicinity of Unitywater water supply or sewerage infrastructure must not adversely affect the integrity of the infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Audit & Response Unit to arrange a Development Compliance Inspection.
Infrastructure Charges
This Development Permit will trigger an “Adopted Infrastructure Charge Notice” (if applicable) to be issued in accordance with Council’s “Adopted Infrastructure Charges Resolution” under the State Planning Regulatory Provision (Adopted Charges) and the Sustainable Planning Act 2009.
Qualified persons – Landscaping
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required.  Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.  QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately.  Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Unitywater
Connection to Unitywater live water mains and the Unitywater live sewer system must be undertaken by Unitywater at the applicant’s cost.
A 150mm diameter watermain is located within the road boundary fronting the development site in David Low Way. Construction works, heavy traffic crossing the main, excessive vibration and excavation close to the main may cause damage to the pipe. Extreme care is required when working close to this infrastructure. All costs associated with repair, replacement or alteration of infrastructure must be met by the applicant.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The proposed small low cost permanent and visitor accommodation provides housing diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and other social infrastructure.
The building design is a well-articulated coastal building style that presents as domestic scale and integrates well with development in the surrounding area.
The development allows sufficient separation between buildings, neighbouring properties and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
The site has been historically used for visitor accommodation.

REPORT
PROPOSAL
The application seeks approval for a Development Permit for a Material Change of Use for Multiple Housing Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional. In accordance with the proposed uses, the applicant is seeking the flexibility for the units to be used for either visitor and/or permanent accommodation. The proposal is for 9 x 1 bedroom units in four separate buildings. The units are 2 storeys with each unit having a gross floor area of 55m², except for unit 4 having a gross floor area of 83m². The typical layout includes the bedroom on the ground floor and the kitchen and living areas on the first floor. Garaging for 1 vehicle is provided on the ground floor and 3 visitor spaces are provided elsewhere onsite. The light weight construction utilises timber, fibre cement, aluminium, glass balustrading and corrugated iron as external material finishes.
site details
Background
There is a current Development Approval for Visitor Accommodation Type 4 – Motel over the site which was approved on 30 August 2007. The approval consists of 12 motel units (not self-contained) and 1 managers unit and has a density of 18.2 persons and a gross floor area of 528m². A 2 year extension to the relevant period (132006.2552.2) was granted on 7 June 2011 that extended the relevant period to 5 October 2013.  A further 1 year extension was granted on 24 January 2014 that extended the relevant period to 5 October 2014; therefore this approval remains current until 5 October 2014.
The subject site and a portion of the neighbouring mixed use development known as the “Peregian Boardwalk “  were part of the original Peregian Beach motel land.
Site Description
The site has approximately 31m of frontage to David Low Way. There is no significant vegetation onsite. The site is generally level with a slight slope from the rear of the site towards David Low Way.
The lot is an odd trapezoid shape with a truncated north east side boundary and a small change of direction in the south west corner of the front boundary.
The site contains 2 easements, the first being 4.1m wide for an Energex transformer in the south west corner and the second being 2.5m wide for sewer along the north east side boundary truncation.
Surrounding Land Uses
The surrounding land uses are diverse and comprise a mix of commercial and residential developments serving both the visitor and resident community. Peregian “Boardwalk” adjoins to the south and across Heron Street is Peregian village. A multiple dwelling and Pacific Blue Apartments (visitor accommodation) are located to the north with multiple dwellings and single residences to the east. A commercial office development, Peregian Bowls Club site, tennis courts, day care centre are located across David Low Way to the north and the Peregian Hotel and the Peregian Beach Caravan park site to the south.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policies;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
any Structure Plan or Master Plan in place for declared areas;
any Preliminary Approval Overriding the Planning Scheme for the land;
the Planning Scheme for the local government area; and
any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Semi-Attached Housing. The proposed use is identified as Multiple Housing Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional. The Multiple Housing Type 4 – Conventional is a consistent use within the zone. However, the Visitor Accommodation Type 4 – Conventional is an inconsistent use. Both uses are required to follow an impact assessable application process. While the whole of the planning scheme is applicable, the following codes are most relevant to the application.
Eastern Beaches Locality Code
Residential Uses Code
Visitor Accommodation Code
Landscaping Code
Engineering Works Codes
The pertinent issues arising out of the assessment are discussed below.
Eastern Beaches Locality Code
The proposed use of Multiple Housing Type 4 – Conventional is a consistent use and raises no concerns. The Visitor Accommodation Type 4 – Conventional component is an inconsistent use within the Semi-Attached Housing zone. In particular, Overall Outcomes (c), (f) and (q) are relevant to the application and are discussed below.
Overall Outcome (c)
“The Eastern Beaches Locality retains its primary role as a residential area, though continues to provide some visitor accommodation and a range of local retail and commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach”;
The site has been historically used for visitor accommodation with the Peregian Beach motel dating back more than fifty years and a development approval for a 12 unit motel is still current over the site. The proposal’s permanent use component supports the primary residential provision of the code and the visitor accommodation component continues to provide what has been a historical use on the site.
Overall Outcome (f)
“Emphasis is placed on the protection and retention of low cost accommodation consistent with maintaining a diversity of accommodation types for visitors to the locality”
The small dwelling units (55m²) will contribute to low cost accommodation in Peregian Beach and increase the diversity of accommodation choices for both visitors and permanent residents alike.
Overall Outcome specific for Peregian Beach (q)ii
“Multiple housing Type 2 Duplex and Visitor Accommodation Type 4 Conventional are located in close proximity to the Peregian Beach neighbourhood centre shown in the Neighbourhood Centre Zone”
The site is located approximately 50 metres from the Peregian village centre and 100 metres to the beach. It is within 200 metres of other social infrastructure such as the Peregian Beach Community Kindergarten, Peregian Beach Community House, Veggie Village Community Gardens and the recently approved IGA Shopping Centre. Despite the visitor accommodation use being inconsistent in the zone, the proposal meets the provisions of the code being for low cost accommodation in close proximity to the Neighbourhood Centre zone and other recreational and business services offered in Peregian Beach.
The following tables outline the proposals key development parameters for the site. Provisions for the Semi-Attached Zone, Multiple Housing Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional are required for assessment and are outlined in the following table:
Criteria	Planning Scheme Multiple Housing	Planning Scheme Visitor Accommodation.	Proposal	Complies
Population density	12 persons max.	12 persons max.	15.3 persons	X
Plot ratio	480m² max	480m²	523m²	X
Site cover	40 % max	40% max.	39.8% %	
Landscaping	612m² including 367m² (landscaping based on the proposed population density) 367m² (soft landscaping based on the maximum population density specified by the planning scheme)	480m² 387m² soft	Total	Soft
			X	
Building Height
in storeys in metres	2 storeys max 8 metres max	2 storeys 7.6 metres	
Carparking	9 covered spaces and  3 visitor spaces (1 space per 3 units)	12	
Density
The proposed population density of 15.3 persons does not comply with the maximum of 12 persons for the site. The applicant seeks a density of 15.3 persons suggesting this is a compromise between the current motel development approval of 18.2 persons and the planning scheme provision of 12 persons.
Although the Eastern Beaches Locality Code seeks to ensure a diversity of low cost and a mix of residential development, the planning scheme’s population density matrix does not encourage development of small 1 bedroom units. For example, options for complying with a density of 12 persons for the site are:
Option 1
3 x 3 bedroom (plus) units and 1 x 1 bedroom = 11.6 persons. The total (minimum) number of bedrooms = 10 bedrooms plus (because the density of a 3 bedroom unit is 3.3 persons whether it has 3, 4, or 5 bedrooms/studies or the like).
Option 2
5 x 2 bedroom units = 12 persons. The total number of bedrooms = 10 bedrooms.
Option 3
7 x 1 bedroom units = 11.9 persons. The total number of bedrooms = 7 bedrooms.
Despite the proposal exceeding the population density with a maximum of 9 bedrooms onsite, should complying options 1 or 2 be proposed, the potential number of bedrooms onsite would be greater (10 plus bedrooms) than that proposed (9 bedrooms). The applicant expresses that complying with Option 3 (7 x 1 bedroom units) is not financially viable and options 1 and 2 do not contribute to low cost visitor or permanent dwelling units in close proximity to the village centre and the beach; which is a desirable outcome for Peregian Beach.
The Specific Outcome O3 of the Code seeks that density of development within the site area—
“a) is compatible with surrounding development;”
The surrounding development and zoning includes a range of densities from 100 persons per hectare to 320 persons per hectare. The adjoining “Peregian Boardwalk” zoning permits a maximum population density of 160 persons per hectare although it is developed for commercial uses and only 3 x 1 bedroom units. The existing development adjoining to the rear has a density of 135 persons per hectare and the development adjoining to the north east 125 persons per hectare. The caravan park site’s zoning permits a density of 320 persons per hectare (for a visitor hostel). In comparison, the planning scheme’s population density for the subject site is 100 persons per hectare and the proposed developments density is equivalent to 130 persons per hectare. Given existing and potential densities listed above, the proposal’s density is consistent with that of surrounding development.
Plot ratio and Site cover
The proposed plot ratio of 523m² or 0.43:1 exceeds the plot ratio provision for Multiple Housing Type 4 - Conventional being a maximum of 480m² based on the maximum population density permitted for the site by 40m². The applicant indicates the proposed plot ratio is equivalent to that of the current motel development approval and is significantly less than that of the adjoining development.
The Code seeks that site cover, gross floor area and plot ratio for buildings in Peregian Beach:
results in a building scale that is compatible with surrounding development;
does not present an appearance of excessive bulk to adjacent properties, roads or other areas in the vicinity of the site;
maximises the retention of existing vegetation and allows for soft landscaping between buildings;
allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities;
The proposal comprises four separate buildings with between 1.2m and 6.5m separation between buildings and a building height of 7.7m to the top of the split level skillion roof. This design results in a domestic scale built form which will not present as bulky to surrounding properties. The developments site cover at 39.8% complies with the provisions of the code and indicates the development’s footprint is not excessive and allows for soft landscaping, outdoor recreation and clothes drying areas. It is also pertinent that the proposal would comply with the required plot ratio of 0.45:1 were a Multiple Housing Type 2 – Duplex be constructed on the site and the proposal’s plot ratio of 0.43:1 is considerably less than the adjoining Peregian Boardwalk development which has a plot ratio of 0.65:1.
Overall, the proposal presents as domestic in scale, is not bulky, complies with the site cover and building height provisions of the code, and would be compatible and consistent with development in the surrounding area.
Land Use & Works Provisions
Landscaping
The proposal generally complies with the provisions of the Code except for the total quantity of landscaping on site. The total quantity of landscaping is determined by the proposed population density by 40m². The proposal would comply with the total quantity of landscaping if the proposed density was 12 persons as set out by the planning scheme. However, given the density of 15.3 persons, the quantity required is equivalent to 51% or 612m² of the site.
The Code also requires that a minimum of 60% of the total landscape open space be soft landscaping, of which the proposal complies with. Each unit is required to have a minimum of 25m² of private open space and 12m² for units above ground. The proposal meets the private open space provision; although it is noted that Units 2 and 8 have limited space at ground level. Given the units are only 55m² and suitable for a maximum of 2 persons, the ground level open space is considered adequate. Soft landscaping meets the provision of the code and the developments footprint allows for landscaping to be provided between buildings and the boundaries to sufficiently provide open space for the residents and softening to the development.
Setbacks
The required setbacks are 6m to the front and rear boundaries and half the building height to side boundaries for both proposed uses. The Code requires setbacks to allow for landscaping between buildings and street frontages and to maintain the visual continuity and pattern of buildings and landscape elements within the street.
The proposed front setback ranges between 4m to 6.1m. The neighbouring “Boardwalk” façade is setback 4.6m with the posts and roofline setback between 2.8m to 3m with 3 x planter boxes within the setback for landscaping. To the north, the neighbouring unit’s carports are setback 6m with visitor car parking between the boundary and one carport. The proposed setbacks are similar to the adjoining developments and will maintain the visual continuity and landscape elements to this part of David Low Way.
The proposed southern setback is 0.8m for unit 7 and 1.1m for unit 9. This boundary adjoins the basement driveway of the “Boardwalk” and does not raise any concerns as there is existing vegetation and approximately 7m of separation between buildings and sufficient space within the property to achieve a good screening outcome. A condition could be imposed to ensure dense screening vegetation along this boundary.
Units 1, 2 and 3 at ground level are setback 2.6m to the wall and the upper floor is setback 1.6 which comply with the code. However, the first floor level’s roof and screening devices are setback 1.6m rather than the required 2.8m (half the building height). The proposed setback to the roof and screening devices is unlikely to adversely impact on the amenity of the neighbouring properties and does not add to building bulk.
The proposed setback to the rear boundary ranges from 5.9m to 6.8m except for a wing wall encroaching a further 0.4m which does not raise any concerns.
The boundary encroachments are mainly caused by the irregular shaped constrained lot and the desirable building form of four separate buildings as opposed to one single bulky building. The buildings are setback sufficient to provide appropriate landscaping, will not result in significant overshadowing and the articulated building design provides separation from neighbouring properties, minimising any adverse impacts on the visual and acoustic amenity of neighbouring properties. The setback areas can be provided with dense landscaping that will buffer the development from neighbouring properties and present a landscaped streetscape that is consistent with surrounding development in the area.
cONSULTATION
IDAS Referral Agencies
The application was referred to the following IDAS Referral Agencies:
Concurrence
Department of State Development, Infrastructure and Planning
The department is a concurrence agency as the site has potential contaminated land for unexploded ordinance.  The department responded by letter dated 17 March 2014 stating that there were no requirements.
Energex Limited
Energex is an advice agency as an electricity transformer is located within an easement in the south west corner of the lot. Energex responded by letter dated 14 March 2014 providing 3 conditions for approval requiring the development to provide a block wall 1.8m high around the northern and eastern boundaries of the easement and that windows and doors to units 8 and 9 should be double glazed to mitigate operating noise of the existing transformer.
Other Referrals
The application was forwarded to Unitywater and Council’s Engineering & Environmental Assessment.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. Two properly made and 1 not properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Issues	Comments
Density
The proposal exceeds the density for the site	Agree. The proposal exceeds the required 12 persons for the site. The density is similar to development in the surrounding area and provides for a diversity of housing choice that generally benefits the community.
The proposal is for 9 x 2 bedroom units	Disagree. The plans were amended as part of the information response to ensure the first level “study” remains open to the kitchen and cannot be used as a bedroom. It is pertinent to note that 8 of the units are very small with a gross floor area of only 55m² and 1 unit at 83m². Given their size, the units are only suitable for a single person or a couple.
Height
It is unclear if the proposal complies with this provision.	The proposal has a building height in metres and storeys (less than 8m and 2 storeys) that complies with the planning scheme.
Setbacks
The proposal does not achieve the setbacks set out by the Planning scheme.	The proposal does not meet the Probable Solutions of the Code but does comply with the Specific Outcomes, with the setback variations warranted generally by the site’s irregular shape and building form of 4 separate building
Site Cover & Gross Floor Area
The proposal conflicts with these requirements and does not provide adequate area for landscaping.	Agree in part. The proposed site cover is 39.8% complying with the planning scheme requirement of 40%. The gross floor area exceeds the planning scheme requirements but is consistent with surrounding development. In regard to landscaping open space it is agreed that 2 of the 9 units have limited private open space at ground level, but given the size of the units (55m²) this area is considered adequate.
Bulky Development
The proposal is bulky with 4 separate buildings.	Disagree. The development provides 2 units in each building except for 1 building which has 3 adjoining units. Given the separation and the individual buildings the development is of domestic scale and will not present as bulky to surrounding properties
Flooding & Drainage
The proposal has not demonstrated adjoining properties will not be affected by drainage.	A Stormwater Management Plan has been provided that demonstrates that quality and quantity of stormwater has been addressed.
conclusion
The visitor accommodation component is an inconsistent use within the Semi-Attached Housing zone and proposal exceeds the planning scheme provisions for plot ratio, population density and encroaches into the setbacks. Both the permanent and visitor accommodation are compatible with other multiple dwellings and the existing social infrastructure and business uses in close proximity to the site. The four separate buildings present as domestic scale, are articulated, do not present excessive bulk to neighbouring properties and the footprint allows for adequate separation and landscaping onsite.
While the plot ratio and population density exceed the planning scheme provisions, the proposal has a population density less than and a plot ratio equivalent to the current development approval for a motel over the site.
Despite the conflict with the planning scheme, the proposal is recommended for approval on the following grounds:
The proposed small low cost permanent and visitor accommodation provides housing diversity ideally located in close proximity to the Peregian Beach neighbourhood centre and other social infrastructure.
The building design is a well-articulated coastal building style that presents as domestic scale and integrates well with development in the surrounding area.
The development allows sufficient separation between buildings, neighbouring properties and adequate area for soft landscaping, outdoor recreation and clothes drying areas.
The site has been historically used for visitor accommodation.
Departments/Sections Consulted:

	Community Services	X	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health		DA Planning
	Community Facilities		Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	17 JUNE 2014

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