Delegated Report - Code - Planning MCU18 0206 · MCU18/0206

Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0206
Applicant	Deborah Kerr Alan Kerr Robinson Architects
Proposal	Material Change of Use - Detached House
Properly Made Date	15 January 2019
Information Request Date	25 January 2019
Information Response Date	19 February 2019
Decision Due Date	4 May 2019
Report Completed Date	12 March 2019

PROPERTY DETAILS
Property Address	49 Seaview Tce Sunshine Beach Qld 4567
RP Description	Lot 88 RP 81810
Land Area	579m²
Existing Use of Land	Dwelling to be demolished

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached housing
Overlays	Natural Hazards Overlay – Landslide Hazard Natural Hazards Overlay – Low Potential Acid Sulfate Soils Natural Resources Overlay – Coastal Protection
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The square shaped dwelling consists of 2 storeys with 2 bedrooms and laundry, living and garage on the lower level and 1 bedroom and living spaces on the upper level. The roof form consists of a ‘butterfly type’ and a centrally located roof terrace accessed via a spiral stair case from the upper level.   The proposal seeks a site cover of 44% to the upper level, a 4m – 4.8m secondary frontage setback, a building height of 8.4m and a roof terrace. Figures 1, 2, 3 and 4 show the proposal.

Figure 1 - Lower floor plan

Figure 2 - Upper floor plan

Figure 3 - Roof plan

Figure 4 - 3D perspective
site details
Site Description
An existing dwelling house is to be demolished. The site is currently historically benched with approximately 1m of cut to the northern part of the lot and some fill towards the south. Significant vegetation on site overflows onto the road reserve around the southern portion of the property. Figure 5 below shows this vegetation from within the property facing south. The vegetation is proposed to be retained except for a Norfolk Island Pine tree which is proposed to be removed.

Figure 5 - Vegetation looking south from the existing dwelling

Surrounding Land Uses
The lot is surrounded by other Detached Housing lots with dwelling stock continuously being renewed.
assessment
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
The Noosa Plan.
The Detached House Code is applicable to this development.
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
Site cover	50%  lower storey 30 upper storey; OR 40% for all storeys	27% lower storey 44% upper storey; OR 44% all storeys	X X
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.4 metres	X
Boundary setbacks East Seaview Tce frontage South Seaview Tce frontage North side West side	6 metres min 6 metres min 1.5 / 2 metres min 1.5 / 2 metres min	4m – 4.85m 6m – 6.4m 2m 2m 2.5m	X
Site Cover
The proposal seeks a Site Cover greater than the Probable Solution for the upper storey and for all storeys.
The development is therefore required to be assessed against Specific Outcome O11 of the Detached House Code, provided below:
O11 The site cover of buildings and other roofed structures—
a) is of a scale that is compatible with surrounding development;
b) does not present an appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site;
c) maximises the retention of existing vegetation and allows for soft landscaping between buildings;
d) allows for adequate area at ground level for outdoor recreation, entertainment, clothes drying and other site facilities; and
e) facilitates on-site stormwater management and vehicular access.
The additional Site Cover on the upper level consists of deck as shown in Figure 6 below, which is considered Site Cover. However, the deck areas do not add to building bulk as they are open structures and do not present bulky to neighbouring properties or dominate the streetscape. A floor plan and a 3D perspective shown in Figures 6 and 7 below shows the extensive deck area and is a representation of a well-designed building that will not present bulky.
The proposal is also located where large single dwellings dominate the character of the area.

Figure 6 - Deck areas considered part of Site Cover

Figure 7 - 3D perspective
It is considered the proposal will not present bulky to neighbouring properties or to the street, is compatible with the scale of dwellings in the surrounding area and there is sufficient space at ground level for outdoor recreation, clothes drying and screening vegetation.
Building height in metres
The applicant seeks a building height of 8.4m to the eave of the southern portion of the roof. Figure 8 below shows the extent of the encroachment through the 8m.
The proposal does not comply with Probable Solution S10, the development is required to be assessed against Specific Outcome O10 which is outlined below:
Height O10
Buildings and other structures—
a) are low rise and present a building height consistent with structures on adjoining and surrounding land; do not visually dominate the street, surrounding spaces or the existing skyline;
…
d) preserve the amenity of surrounding land including privacy, views and access to sunlight;
e) respect the scale of surrounding vegetation; and
f) respond to the topography of the site by stepping down the slope or sitting above the ground level on stumps, for sloping sites

Figure 8 - Height blanket showing the extent of the protrusion through 8m.
The portion of the roof greater than 8m above the NGL is a small portion of roof on the downhill side of the lot. Given the ‘butterfly’ style roof no bulky built form protrudes, only a thin portion of roof eave which is shown in a cross section in Figure 9 below.

Figure 9 - Section showing encroachment
Given the roof form is on the downhill side of the development, no views are likely to be affected and no overshadowing of neighbouring properties as shadowing is towards the street nor is likely to affect privacy of surrounding properties. The proposal has a building height of 2 storeys and as previously discussed, the development is well designed and will not present bulky to the street or neighbouring properties. Furthermore, the land drops away suddenly which may provide some justification for dispensation. In this instance, given the above, it is considered the proposal meets Specific Outcome O10 of the Noosa Plan.
Setback
The proposal seeks between a 4m and 4.85m setback to the eastern Seaview Terrace frontage, being the secondary frontage.

Figure 10 - Plan showing the 6m and the 4.5m setback lines
The proposal increases the existing dwellings’ setback of 3.1m. The development maintains the visual continuity and patterns of building in Seaview Terrace as a range of reduced setbacks exist on both sides of the street and the existing and proposed mature vegetation within the site and existing within the road reserve would screen the development. The setback raises no significant planning concerns.
Roof Terrace
The proposal seeks approval for a roof terrace and therefore is required to be assessed against Specific Outcome O16 of the Detached House Code which the relevant part is provided below.
Roof form O16
Roof forms
…
f) do not create opportunities for residents to overlook the private open space areas of neighbouring properties
The applicant has provided images from the existing roof which shows that no overlooking of neighbouring private open space will occur as a result of the proposed roof terrace. Figure 11 below shows these images.

While some windows and upper level balconies may be seen, these would be seen from the proposed upper level and there is unlikely to be any new areas overlooked by the roof terrace patrons. Furthermore, the ‘butterfly roof’ provides a visual barrier to immediate neighbours to the north and west. It is considered the roof terrace is unlikely to create opportunities for the overlooking of neighbouring private open spaces.
Driveway
The proposed driveway seeks to avoid a cottonwood within the road reserve. However, after a site visit with Councils Ecology and Engineering Officers, it is considered the cottonwood has poor form as a result of maintenance activities over the years. It is considered a better outcome to remove the vegetation to the north of the driveway, landscape and plant 2 appropriate street trees in the road reserve and in accordance with Councils Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
Coastal Protection
Although the lot is affected by the Coastal Protection Overlay, it is located on the western side of Seaview Terrace and outside Council’s recent ‘year 2100’ Coastal Hazards Erosion Prone Area 1% AEP mapping. This means the site is not at risk of erosion up to 2100. Given the road separation and the mapping to 2100, it is considered that the 5m vegetated buffer is not required.
draft planning scheme
Site Cover
The proposal would comply with the Acceptable Outcome AO8 as the draft recognises that the upper level may have a greater site cover than the lower level, but no more than 50% for only 1 storey. The following is an extract from the draft planning scheme.
AO8.1
Site cover of all buildings and structures on site does not exceed:
for a single storey building – 50%;
for a building of 2 storeys –
50% for one of the storeys; and
30% for the other storey; or
40% for both storeys.
Building height in metres
The draft planning scheme seeks similar outcomes to that of The Noosa Plan. The proposal meets the relevant Performance Outcomes of the draft planning scheme.
Setback
The draft planning scheme recognises a secondary frontage setback of 4.5m. The relevant Performance Outcomes provide similar provisions to that of The Noosa Plan and the proposal is considered to meet these Performance Outcomes.
Roof Terrace
The provisions are similar to The Noosa Plan, but include the overlooking of habitable windows or doors of neighbouring properties. As discussed in the body of this report, the proposal does view habitable door and windows, but these openings would be seen from the proposed upper level and no new overlooking is likely to occur as a result of the roof terrace.
cONSULTATION
Referrals
The application was forwarded to the following internal Council officers:
Ecologist
Engineering Officer
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 MCU18/0206 for a Material Change of Use - Detached House situated at 49 Seaview Tce Sunshine Beach Qld 4567 and described as Lot 88 RP 81810 , it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0206
Street address:	49 Seaview Tce Sunshine Beach Qld 4567
Real property description:	Lot 88 RP 81810
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager 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
187676-01-01		Detail Survey Plan, prepared by CadCon	22/08/2018
DD001	DD03	Site Plan, prepared by Robinson Architects	19/02/2019
DD002	DD03	Site Plan – Vegetation Overlay, prepared by Robinson Architects	19/02/2019
DD101	DD03	Ground Floor Plan, prepared by Robinson Architects	19/02/2019
DD102	DD03	First Floor Plan, prepared by Robinson Architects	19/02/2019
DD104	DD03	Roof Plan, prepared by Robinson Architects	19/02/2019
DD201	DD03	Elevations, prepared by Robinson Architects	19/02/2019
DD202	DD03	Elevations, prepared by Robinson Architects	19/02/2019
DD301	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD302	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD304	DD03	Sections, prepared by Robinson Architects	19/02/2019
DD500	DD03	3D Views, prepared by Robinson Architects	19/02/2019
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface except for the small southern portion of the roof identified on the approved plans which must not exceed 8.4m above the finished ground level and natural ground level.
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.
Roof Terrace
The roof terrace must not be roofed or enclosed.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to arranging the pre-start meeting. 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, including the existing garden (identified on the approved Detail Survey Plan) along the southern, eastern and western boundaries on the site and within road reserves must be retained, except for the 3 trees identified on the approved vegetation overlay plan DD02 and the cottonwood cluster within the road reserve located to the north of the existing driveway which may be removed.
The cottonwood cluster to the north side of the existing and proposed driveway must be replaced with landscaping, turf and 2 street trees of an appropriate species.  The works must be undertaken in accordance with an Operational Works approval.
Trees and gardens 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.
Site Access and Driveways
A sealed access driveway must be provided from Seaview Terrace to all parking 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 Council’s Standard Drawings RS-049 and RS-050 together with any addendums
a longitudinal section extending from the centreline of the existing formation in Seaview Terrace to the garage floor. The section must demonstrate that vehicles will not scrape or bottom out when entering and exiting the site
sufficient detail to demonstrate the extent of vegetation clearing for the works and required sight lines within the road reserve
sufficient detail to demonstrate the extent of earthworks within the road reserve
Please note that Council is unlikely to support retaining walls in the road reserve
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. Stormwater runoff from the development must be collected on site and discharged into the existing kerb and channel in Seaview Terrace
Easements
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
A Geotechnical Engineer or similar qualified expert* must assess the soil condition on site, determine the soil classification, establish whether any measures are required to protect the stability of adjoining buildings and/or structures and/or land, and make recommendations on the type of foundation system(s) and construction methods best suited for the proposed development. The recommendations of this report shall be incorporated into the design and construction of the proposed development
*(Refer to Advisory Note)
Upon completion of the development certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Geotechnical Report for the development and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
All earthworks, batters, retaining walls, foundations and anchors (both above ground level and below ground level) must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
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
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Driveway, crossover and landscaping
Development Permit for Building Works	All building work
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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