Referral Agency Response - Minor Change - Planning RAP16 0044.01 · RAP16/0044.01

Officer: 	Billy Glover
Direct Telephone: 	07 53296109
Our Reference:	RAP16/0044.01
Your Reference:	20170441
22 October 2020
Duncan Squires Building Pty Ltd
C/- Pacific BCQ
PO Box 1901
NOOSAVILLE BC  QLD  4566

[email protected]
Dear Sir/Madam
Referral Agency Response – Minor Change
Planning Act 2016
I refer to your application received on 2 September 2020, requesting a minor change to an existing development approval. Council, as a concurrence agency, decided your requested changes. Details are as follows:
application details
Application No.	RAP16/0044.01
Street Address:	37 Ferguson St Sunshine Beach Qld 4567
Real Property Description:	Lot 279 RP 48111
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
The following type of approval was issued on 3 March 2017
Concurrence Agency Response for a Detached House
In relation to the request to make a minor change to the existing approval, Council on 16 October 2020, decided to part approve and part refuse the requested changes. The changes are detailed below:
Approve part of the proposed change (Outdoor Shower and Awning Roof)
Amend condition 2
Refuse part of the proposed change (Concrete Deck)
The reasons for part refusal (Concrete Deck) are outlined below:
The proposed built-to-boundary concrete deck and block work balustrading above the garage and storage area does not comply with Performance Outcome PO12 of the Medium Density Residential Zone Code and is not supported for the following reasons:
The finished floor level (approximately 1 metre above natural ground level) and the location of the proposed built-to-boundary concrete roof deck:
causes the potential for residents of the subject site to overlook the private open space and habitable areas of the adjoining premises;
does not provide space for landscaping to be provided between the boundary and the structure as a buffer for privacy and amenity;
is not consistent with other deck structures in the locality, being built-to-boundary (side boundary) and to a height in excess of 1 metre; and
the code assessable application cannot reasonably be conditioned to comply with the relevant assessment benchmarks.
concurrence agency 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
SK.02	D	Survey Plan by Robinson Architects	20/02/2017
SK.03	D	Site Plan by Robinson Architects	20/02/2017
SK.04	D	Basement Plan by Robinson Architects	20/02/2017
SK..05	D	Ground Floor plan by Robinson Architects	20/02/2017
SK.06	D	First Floor Plan by Robinson Architects	20/02/2017
SK.07	D	Roof Plan by Robinson Architects	20/02/2017
SK.08	D	South West Elevation by Robinson Architects	20/02/2017
SK.09	D	North West Elevation by Robinson Architects	20/02/2017
SK.10	D	South East Elevation by Robinson Architects	20/02/2017
SK.11	D	North West Elevation by Robinson Architects	20/02/2017
SK.12	D	Section 1 by Robinson Architects	20/02/2017
SK.13	D	Section 3 by Robinson Architects	20/02/2017
SK.17	D	Backyard Perspective by Robinson Architects	20/02/2017
Minor Change Plans - RAP16/0044.01
CD.201	08	Basement Plan by Robinson Architects As annotated by Council	27 Aug 2020
CD.202	08	Ground Floor Plan by Robinson Architects As annotated by Council	27 Aug 2020
CD.302	08	South East Elevation by Robinson Architects As annotated by Council	27 Aug 2020
CD.304	08	South West Elevation by Robinson Architects As annotated by Council	27 Aug 2020
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and 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 $3,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the use. 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 within the first 3.0m front building setback area in accordance with the approved annotated landscape plan and Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 25 litres and consist of native, local species with a mature height of not less than 5.0 metres and a maximum spacing of 2.0 metre centres. All plantings must be maintained for the life of the development.
Earthworks
Earthworks required on site shall 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.
reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.
representations about referral agency response
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.
Yours faithfully

Billy Glover
Development Planner

Enc:	Approved Plans/Documents

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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