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Delegated Report - Code - Planning MCU23 0075 [As Published]
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Planning Advisor
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0075
Applicant Leanne Spelleken & Damian Salsbury
Proposal Material Change of Use - Dwelling house
Properly Made Date 15 June 2023
Information Request Date 5 July 2023
Information Response Date 17 August 2023
Decision Due Date 5 December 2023
Report Reviewed & Tara Norley – 4 December 2023
Finalised By
PROPERTY DETAILS
Property Address 26 Ferguson St, Sunshine Beach
RP Description Lot 299 RP 48111, Lot 300 RP 48111
Land Area 242.5m² and 242.5m²
Total – 486m²
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not Applicable
Local Plan Area Coastal Communities
Overlays Nil
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use for a Dwelling house. The proposed
dwelling is 2 storeys and has 3 bedrooms and an office. All living spaces are on located on the
Document Set ID: 22489647
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ground floor, with 3 bedrooms, one with ensuite and a main bathroom on the upper level. The
dwelling will be situated across 2 lots which will be amalgamated.
The proposal requires assessment under Noosa Plan as it does not comply with the maximum
plot ratio requirements of 0.4:1.
The locality and proposal plan are included below.
Figure 1 – Locality
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8111 VEY DRAWINGS ILS (1) SITE PLAN J vm A.A LK LA LA LA LK LA LA LA LK LK LAL CA LK LA A Figure 2 - Site Plan Page 3 of 13 Document Set ID: 22489647 Version: 8, Version Date: 07/12/2023
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Figure 3 – Floor Plan
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Figure 4 – Elevations
Figure 5 - Render
2. SITE DETAILS
2.1. Site Description
Each lot is small and long and narrow which is typical of the southern side of Ferguson St and
the northern side of Douglas Street. A 6.5 metre vegetated road reserve is situated at the rear of
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the lot, separating the site from site fronting Douglas Street. There is some mature vegetation at
the rear of the site.
2.2. Surrounding Land Uses
There is a mix of dwelling densities surrounding the site from dwellings, to dual occupancies and
multiple dwellings.
3. ASSESSMENT
3.1. 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; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Low Density Housing Code.
The subject site is located in Sunshine Beach and is zoned Medium Density Residential. The
proposed use is identified as a consistent use within the zone and is required to follow a code
assessable application process.
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
Building height
• storeys 2 storeys max 2 storeys
• metres 8 metres 7.78 metres
Site cover 40% max 40%
Plot ratio 0.4:1 (194.4m2) 0.43:1 (212.14m2) X
Boundary setbacks
• Frontage 6.0 metres min 6.0 metres
• South-west Side 1.5 metres 1.5 metres
2.0 metre 2.0 metres
• North-east Side 1.5m 2.0 metres
2.0 metres 1.7 metres (eave only) X
• Rear 6.0 metres min 3.3 metres (upper balcony) X
Wall length 15 m 9.7m
Soft landscaping 15% min (72.9m2) 28% (140m²)
Carparking 2 covered min 2 covered
Plot Ratio
Acceptable Outcome AO11 of the Medium Density Residential Zone Code states:
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AO11 For a dwelling house, plot ratio of development does not exceed 0.4:1
Corresponding Performance Outcome AO11 of the Medium Density Residential Zone Code
states:
PO11 Plot ratio of development:
a. does not exceed 0.4:1; or
b. for small dwellings or for development which provides a ratio of at least three small
dwellings to one other dwelling, does not exceed 0.5:1.
The applicant is proposing a plot ratio of 0.437:1 and as such does not comply with AO11 or
PO11 of the Medium Density Residential Zone Code.
It is noted that a plot ratio of 0.45:1 was permitted for a dwelling house under the 1990 scheme,
whilst the 2006 Planning Scheme did not include a plot ratio requirement for dwelling houses
within the Semi-Attached Housing Zone. This has resulted in a mix of development in this area of
Sunshine Beach, particularly along southern side of Ferguson Street which includes
predominantly small (ie approx. 242m2), narrow lots, many of which are in excess of current site
cover and plot ratio requirements. The proposal therefore complies with Performance Outcome
PO9 of the Medium Density Residential Zone Code, which states:
PO9 Development:
a. is of a scale compatible with surrounding development and the particular
circumstances of the site; and
b. does not present an appearance of bulk to adjacent properties, roads or other areas in
the vicinity of the site.
Figure 6 – Surrounding Development
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Additionally, the relevant overall outcome of the code seeks that development makes a positive
contribution to the look and feel of neighbourhoods, by maintaining a low scale character with
well designed buildings and landscaping that enhance the streetscape.
Although the proposal does not comply with AO11 and corresponding PO11, the development
does comply with PO9 and with Overall outcome (2) (c) of the Code.
Parapet
AO19.3 of the Medium Density Residential zone code seeks that the total width of any parapet
wall does not exceed 50% of the width of the front façade of the building. This provision has been
exceeded in that the width of the garaging parapet wall is 7.4 metres, while the façade is 10.5
metres.
Figure 7 – Front Façade
The proposal is therefore required to comply with corresponding Performance Outcome PO19
of the Medium Density Residential Zone Code, which states:
PO19 Roof forms:
a. contribute positively to the local skyline;
b. complement the character of the locality and the topography of the site;
c. avoid box profiles/parapets; and
d. do not create opportunities for overlooking the private open space or internal
spaces of neighbouring properties.
The development is a two-storey dwelling and includes a pitched roof of the upper storey,
positively contributing to the local skyline. Acknowledging the garage includes a parapet, the
pitched roof on the upper storey ensures the development does not present as a box profile and
will contribute positively to the local skyline.
Rear Setback
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code requires buildings
and structures to have a minimum 6m setback to the rear boundary. The applicant is proposing a
3.3m setback to the rear boundary and as such does not comply with AO12.1 of the Medium
Density Residential Zone Code. The proposal is therefore required to comply with corresponding
Performance Outcome PO12 of the Medium Density Residential Zone Code, which states:
PO12 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;
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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, outdoor living
and utilities;
f. be consistent with the predominant character of the surrounding area; and
g. protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands.
The setback intrusion relates to the upper rear balcony, noting the rest of the building on both
levels exceeds the minimum 6 metre setback. The site has a 6.5 m wide road reserve at the rear
of the site, which separates the subject lot to lots at the rear. There is 14 metres between the rear
boundary and buildings to the rear.
The proposed reduced setback is considered to comply with PO12 of the code, as the proposed
setback does not create privacy concerns or obstruct views and there is adequate space for
landscaping. The road reserve is unformed and has significant mature vegetation that provides
adequate screening of the building. It is also consistent with other rear setbacks in the street.
The reduced setback of the upper balcony is supported.
Side setback
The eave of the building at the northern/eastern elevation encroaches at 1.7m in lieu of the
required 2 metres. The adjacent building is well setback off the common boundary with existing
mature vegetation between buildings. It is noted that this is the south/western elevation for the
adjoining property, and it is unlikely there will be amenity issues associated with the
encroachment. The reduced setback of the eaves is supported.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or
comment:
• Development Engineer, Development Assessment
5. CONCLUSION & REASONS FOR DECISION
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU23/0075 for a Material Change of Use - Dwelling house
situated at 26 Ferguson St Sunshine Beach and described as Lot 299 RP 48111 & Lot 300 RP
48111, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU23/0075
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Street address: 26 Ferguson St Sunshine Beach Qld 4567
Real property description: Lot 299 RP 48111, Lot 300 RP 48111
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Dwelling house
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 5 December 2029,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
D4.00 C Proposed Site Plan, prepared by Coop Creative Pty 05/10/2023
Ltd
D4.01 C Proposed Floor Plans, prepared by Coop Creative 05/10/2023
Pty Ltd
D4.02 D Proposed Roof Plan, prepared by Coop Creative Pty 05/10/2023
Ltd
D4.05 B Soft Landscaping, prepared by Coop Creative Pty 05/10/2023
Ltd
D11.02 C Elevations (front and rear), prepared by Coop 05/10/2023
Creative Pty Ltd
D11.03 C Elevations (North and South), prepared by Coop 05/10/2023
Creative Pty Ltd
D13.00 C Sections, prepared by Coop Creative Pty Ltd 05/10/2023
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground
level.
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5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld)
which certifies that the building does not exceed the maximum height requirement of this
Decision Notice.
Performance Bond
6. 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 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.
Protection of Privacy
7. The upper level balcony located on the rear elevation building face must include either
balcony planter boxes, balustrading or fixed external screens, positioned in such a way to
obscure direct views into the habitable room windows or private open space areas of the
adjoining property. Any fixed external screen(s) must not extend more than 50% of the
length of the balcony.
Car Parking
8. A minimum of two covered car parking spaces must be provided on site and made
available and accessible at all times.
Fencing and Walls
9. Any street fencing must not exceed 1.8 metres in height, be set back an average of 1 metre
and articulated to provide visual interest by stepping the design. Any fencing on the front
boundary must either:
a. not exceed a maximum height of 1.2 metres
b. be of open construction.
10. The area of land between the fence and the front property boundary must be densely
landscaped to screen any fencing from the street.
Land Amalgamation
11. All properties the subject of the development must be amalgamated, or alternatively
retained within reciprocal access easements.
Landscaping Works
12. A minimum of 20% of the site must be retained/consist of soft landscaping.
13. The development site must be landscaped. The works must be undertaken in accordance
with the Noosa Plan for that specific area and must include:
c. provision of 1 street tree with a minimum pot size of 45 litres within the road
reserve for every 8 metres of road frontage in accordance with PSP2 –
Landscaping.
14. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures 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.
Site Access and Driveways
15. A sealed access driveway must be provided from Ferguson Street to all parking and
manoeuvring areas of the development. The works must include a driveway crossover in
accordance with Council’s Standard Drawings RS-049 and RS-050 and any associated
addendum.
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Stormwater Drainage
16. The site must be provided with a stormwater drainage system connecting to a lawful point
of discharge. The drainage system:
a. must be generally in accordance with drawing number 20625 – H02 Revision DD3
prepared by BRW Hydraulics dated 23 August 2023,
b. must be endorsed through a building permit,
c. must be designed by a suitably qualified person,
d. must be a gravity system only, and
e. must not cause scour or damage to the subject site or any adjoining property.
Easements
17. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
18. All easements must be designed in accordance with the planning scheme and granted at
no cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
19. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
20. All earthworks and associated retaining structures/batters, both above and below ground,
both temporary and permanent, must be contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
21. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
22. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. 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.
5. REFERENCE DOCUMENTS
Not applicable
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
Infrastructure Charges
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1. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Building and Construction Industry (Portable Long Service Leave) Levy
2. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work
11. SUBMISSIONS
Not applicable.
12. 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.
During the appeal period, you as the applicant may suspend your appeal period and make
written representations to Council about the conditions contained within the development
approval. If Council agrees or agrees in part with the representations, a negotiated decision
notice will be issued. Only one negotiated decision notice may be given.
13. 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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