Delegated Report - Code - Planning MCU23 0075 [As Published]

                          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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Document Set ID: 22489647
Version: 8, Version Date: 07/12/2023