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planning report 38 mossman - may 24 · MCU24/0032
Development Application
Planning Report
MCU for Dwelling House and
Associated Operational Works,
situated at 30 Mossman Court, Noosa Heads
(Lot 145 on N21859)
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Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 4
2.1 Site description ....................................................................................................................... 4
2.2 Surrounding land uses ............................................................................................................. 4
3.0 Proposed development details ......................................................................................... 5
4.0 Planning assessment ........................................................................................................ 5
4.1 Setbacks.................................................................................................................................. 7
5.0 State assessment and other matters ................................................................................ 8
5.1 State interests ......................................................................................................................... 8
5.1.1 Matters established in the Planning Regulation .............................................................................. 8
5.1.2 State Planning Policy ........................................................................................................................ 8
6.0 Conclusion ....................................................................................................................... 8
Client Name: Palazzesi
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version: 3
Date: 21 May 2024
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Material Change of Use for Dwelling House and
Associated Operational Works
Site address: 38 Mossman Court, Noosa Heads
Real property description: 145 on N21859
Site area: 606m2
Owner details: R Palazzesi
Applicant details: Palazzesi c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2017 Shaping SEQ
Designation: Urban Footprint.
Planning scheme: Noosa Plan 2020
Zone: Low Density Residential zone
Level of assessment: Code Assessment
Applicable codes: Low Density Residential Zone Code
Low Density Housing Code
Acid Sulfate Soils Overlay Code
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Detached House
Frontage and access 14.56 to Mossman Court
Topography and views Developed site and therefore relatively level
Easements Nil
Figure 1 - Aerial view and Site identification (Noosa Maps)
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Existing dwelling houses
South Noosa Inlet
West Existing dwelling houses
East Existing dwelling houses
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3.0 Proposed development details
The existing dwelling is proposed to be demolished and construct a new contemporary 2 storey
dwelling above a basement. The dwelling consists of:
• Basement – garaging for 3 vehicles including a non-habitable space;
• Ground floor – 1 bedroom, family room, kitchen and living spaces;
• First floor – master bedroom and ensuite, 2 ensuite bedrooms, void, balcony, and leisure area;
The dwelling has been designed to maintain privacy for the residents and neighbouring properties.
External materials consist of a contemporary masonry finish, glazing and gardens.
4.0 Planning assessment
Despite the provisions of the Planning Regulation 2017, Sch 6 Part 2 (a dwelling cannot be made
an MCU) the proposal involves a substantial rebuild of the existing dwelling including a basement
within the acid sulfates soils overlay excavating more than 100m² of material below 5m AHD. The
key parameters are provided in Table 3 below, with further assessment provided thereafter.
Table 3: Summary of development aspects and compliance with the Codes
Criteria Noosa Plan 2020 Proposal Compliance
Site Details 606m² – Low Density Residential
Zone
Height 8m <8m Y
2 storeys 2 storeys Y
Site Cover 50% for one storey; and 294m2 (48%) Y
30% for the other storey 182m2 (30%)
OR
40% for both
Gross floor area 500m² <404m² Y
Setbacks Frontage (6m) 5.7m – basement (part) PO
6.1m - main building Y
5.7m – eave first floor (part) PO
East side (1.5m / 2m) 2.9m – Basement (part) Y
0.0m - Laundry (3.5m height) Y (PO9.4)
2.0m – First Floor Y
West side (1.5m / 2m) 2m – 2.3m Y
Noosa inlet (1.5m / 2m) 2m (no structure attaching to revetment) Y
Bedrooms 5 bedrooms 4 bedrooms Y
Roof Form No roof top terrace No roof terrace Y
Landscaping 20% soft landscaping (121m²) 124m2 (20%) Y
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Carparking and 2 covered. 3 covered spaces (min.) Y
access
Acid Sulfate Soils Overlay Code - Operational Works – subject to separate assessment
AO1.2 The disturbance of ASS avoids the An ASS investigation and Y – can be
release of acid and metal dewatering plan is attached to conditioned
contaminants by:- the application.
(a) undertaking an ASS
investigation conforming to the
National Acid Sulfate Soils
Guidance;
(b) neutralising existing acidity and
preventing the generation of
acid and metal contaminants
using strategies documented in
the Soil Management
Guidelines; and
(c) preventing the release of
surface or groundwater flows
containing acid and metal
contaminants into the
environment.
AO1.3 Where potential or actual ASS is The recommendations of the Y – can be
identified, they are managed in ASSMP will be incorporated into conditioned
accordance with an ASS the building work. The applicant
management plan. is happy to accept a condition of
approval in this regard.
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4.1 Setbacks
The development seeks a setback variation for the first floor eave and the basement within the front
setback. It can be argued the side setback encroachment for the basement is compliant with the
QDC as the structure is for a non-habitable garage below the ground (<3.5m in height). A picture of
the encroachments is shown below.
Figure 2 - 3D perspective of proposal looking from Mossman Ct and Site Plan with areas of encroachments highlighted.
The setbacks do not meet Acceptable outcome AO9 of the Low Density Zone Code and therefore
assessed against Performance outcome PO9. Performance outcome PO9 is provided below.
PO9
Buildings and structures are designed and sited to:
(a) provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic
privacy and access to sunlight;
(b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
(c) provide adequate distance from adjoining land uses;
(d) preserve existing vegetation that will help buffer development;
(e) allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with
trees, shrubs and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and
wetlands.
A small portion of the basement (300mm) and front eave is within the front setback. The main wall
of the development on the ground and first level are located behind the 6m setback apart from this
small curved element. The design seeks to provide vegetation in front of the building and around the
boundaries to help buffer the development, providing a high level of amenity in accordance with PO9
of the Low Density Residential Zone Code. This part of the structure will not be bulky with the impacts
considered de minimus.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The development does not trigger any further assessment.
6.0 Conclusion
This development application for a siting variation at 38 Mossman Court, Noosa Heads seeks a
Concurrence Agency referral for siting. The proposed development is code assessable and meets
the relevant Acceptable and Performance Outcomes. The Assessment Manager’s favourable
consideration of the above development application is therefore recommended.
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