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planning report 30 mossman · OPW23/0189
Development Application
Planning Report
30 Mossman Court, Noosa Heads
(Lot 149 on N21859)
Concurrence Agency Referral for siting, amenity and
aesthetics
Operational work for Earthworks (Acid Sulfate Soils)
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Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 4
2.1 Site description ....................................................................................................................... 4
2.2 Surrounding land uses ............................................................................................................. 4
3.0 Proposed development details ......................................................................................... 5
4.0 Planning assessment ........................................................................................................ 5
4.1 Setbacks.................................................................................................................................. 6
5.0 State assessment and other matters ................................................................................ 8
5.1 State interests ......................................................................................................................... 8
5.1.1 Matters established in the Planning Regulation .............................................................................. 8
5.1.2 State Planning Policy ........................................................................................................................ 8
6.0 Conclusion ....................................................................................................................... 9
Client Name: Chris Clout Design
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA
Version: 1
Date: 7 December 2023
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Concurrence Agency Referral – siting, amenity and
aesthetics;
Operational Work – Acid Sulfate Solis (basement)
Site address: 30 Mossman Court, Noosa Heads
Real property description: 149 on N21859
Site area: 609m2
Owner details: DD SUNNYSIDE PTY LTD (TTE)
CD SUNNYSIDE PTY LTD (TTE)
Applicant details: DD SUNNYSIDE PTY LTD (TTE)
CD SUNNYSIDE PTY LTD (TTE)
c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: Nil
Regional plan: SEQ Regional Plan 2017 Shaping SEQ
Designation: Urban Footprint.
Planning scheme: Noosa Plan 2020
Zone: Low Density Residential zone
Level of assessment: Code Assessment
Applicable overlays: Acid Sulfate Soils Overlay
Applicable codes: Low Density Residential Zone Code
Low Density Housing Code
Acid Sulfate Soils Overlay Code
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Detached House
Frontage and access 35m to noosa sound and 10m to Mossman Ct
Topography and views Developed site and therefore relatively level
Easements Nil
Figure 1 - Aerial view and Site identification (Noosa Maps)
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Noosa Inlet
South Existing dwelling houses
West Existing dwelling houses
East Existing dwelling houses
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3.0 Proposed development details
The existing dwelling is proposed to be demolished and construct a new contemporary 2 storey, 4
bedroom dwelling above a basement. The dwelling is designed over 2 storeys consisting of:
Basement – garaging for 4 vehicles including a services, store and laundry;
Ground floor – family room, kitchen and living spaces;
First floor – 5 bedrooms and 4 bathrooms
The dwelling has been designed to maintain privacy for the residents and neighbouring properties.
External materials consist of a contemporary masonry finish, glazing and gardens.
4.0 Planning assessment
The proposed redevelopment of a dwelling house cannot be made a Material Change of Use
(Planning Regulation 2017, Sch 6 Part 2). The proposal generally complies with all relevant
acceptable outcomes except for setbacks – triggering the following applications against the planning
regulations (Sch 9):
- Table 3 - Design and siting (for assessment against the Queensland Development
Code (QDC) and/or Noosa Plan 2020.
- Table 8 - Building work for particular class 1 building relating to material change of use (new
dwelling house)
The dwelling is not a material change of use as the change of use has already happened with the
existing dwelling and therefore a Concurrence Agency Referral is submitted for certain aspects of
development. An Operational works application is submitted as the development is excavating more
than 100m² of material below 5m AHD.
Some of the key parameters are provided in Table 3 below, with further assessment provided
thereafter.
Table 3: Summary of development aspects and compliance with the Codes
Criteria Noosa Plan 2020 Proposal Compliance
Site Details 609m² – Low Density Residential
Zone
Height 8m <8m Y
2 storeys 2 storeys Y
Site Cover 50% for one storey; and 40.2% PO
30% for the other 40.2%
OR
40% for both
Gross floor area 500m² <404m² Y
Setbacks Frontage (6m) 5.7m – eave PO
East side (1.5m / 2m) 2m - basement Y
2m – ground level Y
2m – first level Y
South side (1.5m / 2m) 2m - basement Y
2m – ground level
2m – first level
West side (1.5m / 2m) 2m - pool Y
2m – pool terrace
2.3m – arbor
Bedrooms 5 bedrooms 4 bedrooms Y
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Roof Form No roof top terrace No roof terrace Y
Landscaping 20% soft landscaping (121m²) 30.5% Y
Carparking and 2 covered. 4 covered spaces (min.) Y
access
Acid Sulfate Soils Overlay Code - Operational Works
AO1.2 The disturbance of ASS avoids the An ASS investigation including dewatering Y – can be
release of acid and metal plan and geotechnical reports form part of the conditioned
contaminants by:- application. There are several basements in
(a) undertaking an ASS the surrounding area which have been
investigation conforming to the successfully constructed without releasing
National Acid Sulfate Soils ASS. Recommendations are included with the
Guidance; reporting.
(b) neutralising existing acidity and
preventing the generation of
acid and metal contaminants
using strategies documented in
the Soil Management
Guidelines; and
(c) preventing the release of
surface or groundwater flows
containing acid and metal
contaminants into the
environment.
AO1.3 Where potential or actual ASS is
identified, they are managed in
accordance with an ASS
management plan.
4.1 Setbacks
The development seeks a setback variation for the southeastern building column setback 5.7m from
Mossman Ct - Figure 2 show the encroachments.
Figure 2 - Plan view and 3D perspective of building column
The setbacks do not meet Acceptable outcome AO9 of the Low Density Zone Code and therefore
assessed against Performance outcome PO9. Performance outcome PO9 is provided below.
PO9
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 and access to sunlight;
(b) not unreasonably obstruct views or cause overlooking of private open space or habitable
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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 and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such
as national parks, waterways and wetlands.
This part of Noosa sound is characterised by large dwellings located at the end of a cul-de sac with
the site only having a 10m wide frontage splaying out towards the adjoining waterway. The existing
garage is currently setback 3m from the frontage and the adjoining house at 28 Mossman includes
part of the roof and garage setback 3m.
Figure 3 – streetview of the subject site and 28 Mossman Ct.
The proposal is setback further than the existing garage and consistent with other structures within
the surrounding area. No views will be impeded, nor cause overshadowing of surrounding properties.
The building element complements the design and meets the relevant Performance Outcomes.
Site Cover
The building is designed with a site cover of 40.2% for both levels as demonstrated below. The
relevant acceptable outcome seeks for a 40% coverage over both levels. The encroachment
represents an increase of 1.22m2. The relevant performance outcome seeks for compatibility with
surrounding development, does not present as bulky and allows for landscaping to be provided
between buildings.
The site has a wide frontage to the waterway and includes a large open living area fronting the
waterway. The design meets all the relevant landscaped setbacks and is generally compatible with
the surrounding development which includes some larger builings with a 50% site coverage. The
1.22m2 increase is considered de minimus considering the size of the lot an meets the relevant
performance outcomes.
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Figure 4 – site cover calculations
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The development does not trigger any further assessment.
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6.0 Conclusion
This development application for a dwelling house at 30 Mossman Court, Noosa Heads seeks:
Concurrence Agency referral for siting, amenity and aesthetics; and
Operational Works for excavation of more than 100m³ of material at or below 5m AHD.
The proposed development is code assessable and meets the relevant Acceptable and Performance
Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.
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