2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      18 MAY 2020


3.    ASSESSMENT
The applicant has requested an extension to the currency period to the development approval
under section 86 of the Planning Act 2016. When assessing an extension application, Council
“…may consider any matter that the assessment manager considers relevant, even if the matter
was not relevant to assessing the development application.”
MATERIAL CHANGE OF USE
The Noosa Plan 2006
The application was approved on 13 October 2006 as an impact assessable application under
the superseded 1990 Planning Scheme (5 December 1997 version) with regard given to the
Transitional Planning Scheme at the time (later adopted as the current Noosa Plan 2006). There
are a number of provisions under The Noosa Plan 2006 that the proposal does not comply with,
including (but are not limited to) building height in storeys, setbacks, roof form (roof terrace) and
engineering works.
Building Height
The proposed basement does not comply with the definition of a basement under The Noosa
Plan, resulting in the development being 4 storeys. As such, the development does not comply
with Specific Outcome O4 of the Eastern Beaches Locality Code, which allows a maximum of 3
storeys in this location. It is however noted that the development is consistent with the character
of the street, with surrounding buildings being predominantly 3 and 4 storeys in height, as the
area was predominantly developed prior to The Noosa Plan coming into effect – at a time when
basements were only required to be in the ground by 1.2m to not count as a storey. The
proposal, in terms of height, may be considered acceptable given the development complies with
the maximum building height in metres, and would be consistent with development in proximity to
the subject site in terms of perceived number of storeys.
Setbacks
The approved plans include a reduced setback of 2.5 metres at the third storey to the south
western boundary, as opposed to the required minimum of 3 metres under the superseded
planning scheme. The reduced setback was approved as the encroachment was along the
common boundary with 7 Park Crescent, and it was considered that the design of the two
duplexes worked in conjunction with each other in order to avoid any adverse impacts resulting
from the reduced setback. Given the development at 7 Park Crescent has lapsed, the justification
for approving the reduced setback is no longer relevant.
Under The Noosa Plan, at a height of 11.5 metres above natural ground level, the proposal does
not comply with Specific Outcome O5 of the Eastern Beaches Locality Code, under which a
duplex is required to be setback 3.5 metres from side boundaries. The approved plans, at a 2.0
metre setback from the eastern boundary to the upper level terrace, and 2.5 metres to the
building façade, would not be supported under the current planning scheme. The reduced
setback would adversely impact on the amenity of the adjoining property in terms of privacy,
given the potential for overlooking impacts of future developments. The terrace is of particular
concern, as the viewlines towards the coast would result in residents looking towards the
property at 7 Park Crescent. As such, the reduced setback is not supported.
OPERATIONAL WORKS
The design and conditions of the original Operational Works approval have not been amended
since the approval was issued. Standards for operational works have changed significantly in the
time since the approval was issued, therefore a number of the approved plans and conditions are
now superseded by new requirements and standards.
Council’s Coordinator Engineering has reviewed the approved plans and conditions and notes
that a substantial number of plans and conditions are now no longer in accordance with current
standards, and therefore would not be supported if the application was made today, specifically
in relation to access, frontage works, stormwater and earthworks.

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