Council archive · source document
planning report 73 southern cross · MCU22/0197
Development Application Report
Material Change of Use for Dual Occupancy, associated Operational Works
and Reconfiguring a Lot (1 lot into 3 community title)
situated at 73 Southern Cross Parade, Sunrise Beach
(Lot 672 on RP225123).
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Contents
Development Application Planning Report ........................................... Error! Bookmark not defined.
1.0 Summary ............................................................................................................................. 3
1.1 Development application details ...................................................................................................3
1.2 Planning instrument details ..........................................................................................................3
1.3 Referral agencies ..........................................................................................................................3
2.0 Site details ........................................................................................................................... 4
2.1 Site description ............................................................................................................................4
2.2 Surrounding land uses ..................................................................................................................6
3.0 Proposed development details ............................................................................................. 7
4.0 Planning assessment ............................................................................................................ 9
4.1 Technical Compliance .......................................................................................................... 9
4.2 Building Design .................................................................................................................. 10
4.3 Sustainable Building Design Code....................................................................................... 13
4.4 Reconfiguring a lot (1 lot into 3 lots) .................................................................................. 14
4.5 Works and Overlay Codes .................................................................................................. 16
5.0 State assessment and other matters................................................................................... 16
5.1 State interests ................................................................................................................... 16
Matters established in the Planning Regulation ........................................................................................... 16
State Planning Policy..................................................................................................................................... 16
6.0 Conclusion ......................................................................................................................... 17
Client Name: IOLANDA TROVATELLO & SIMON RAWSON
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 11 November 2022
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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Summary
1.0 Development application details
Proposed development: Dual Occupancy, associated Operational Works and Community
title subdivision
Type of approval Development Permit for Material Change of Use
sought: Development Permit for Operational Works (Engineering,
Landscaping, Stormwater, Driveway and access)
Development Permit for Reconfiguring a Lot (1 lot into 3 lots)
community title
Site address: 73 Southern Cross Parade, Sunrise Beach
Real property Lot 672 RP225123
description:
Site area: 810.29m2
Assessment manager: Noosa Council
Cultural Heritage and Kabi Kabi First Nation Traditional Owners Native Title Claim Group
Native Title: - There are no Aboriginal or Torres Strait Islander cultural heritage
sites identified on the DATSIP database pertaining to this location.
Owner details: IOLANDA TROVATELLO & SIMON RAWSON
Applicant details: IOLANDA TROVATELLO & SIMON RAWSON c/- Pivotal
Perspective Pty Ltd
1.1 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May 2014),
Designation: urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: Medium Density Residential zone
Level of assessment: Code
Applicable overlays: Nil
Applicable codes: Coastal Communities Local Plan Code
Medium Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Works codes
1.2 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Dwelling house
Frontage and 19.57m to Southern Cross Parade
access
Topography and The lot slopes generally from south to north or across the site with
views approximately 5m of cross fall from the south west corner to the north east
corner. Figure 1 below shows a contour survey of the lot.
Figure 1 - Contour survey of the lot
Existing vegetation Scattered urban garden vegetation and a few mature natives to the rear of the
lot which will be removed as part of the development works. A mature
Pandanus is located to the front of the front which will be relocated and utilised
as a mature planting on site. Importantly, the development has been sensitively
designed to retain this mature native.
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Figure 2 - Aerial view and site identification
Figure 3 - Street view of the existing dwelling
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North Partially constructed new Dual occupancy
South Dual occupancy
East Southern Cross parade and Multiple dwellings
West Multiple dwellings
Figure 4 - Zone map
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3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use
Building height 7.95m
Gross floor area (GFA) 0.4:1
Site coverage 39.86%
Car parking 4 spaces
Site access Southern Cross Parade – Local Road
Figure 5 - Identification of road hierarchy. Source - Noosa Enterprise Mapping System
The application proposes a dual occupancy, with the following features:
• Double garage, kitchen and living spaces on the ground floor;
• A small media room and bedrooms on the upper level and a generous balcony to unit 2;
• 3 bedrooms per dwelling;
• Coastal architectural design feel including vertical and horizontal finishes including substantial
glazing;
• Articulated elevations;
• Asymmetrical design with unit 1
• Privacy between dwellings and neighbouring properties;
• Separate double garages;
• Large LOS and POS with covered BBQ;
• Generous private open space;
• Significant landscaping to the full perimeter of the site;
• Substantial landscaped setbacks;
• Good presentation to the frontage with regard to landscaped setbacks, front boundary fence
setbacks and articulated coastal design;
• The building steps down the slope complementing and retaining most of the natural landform;
• Approval also sought for Operational Works (Landscaping, Access, Car parking, Earthworks,
Stormwater)
• Reconfiguring a lot (1 lot into 3 lots) for community title.
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A copy of the proposed Site plan and Front elevation provided in the Figures below.
Figure 6 - Proposed site plan
Figure 7 - proposed Southern Cross Pde elevation.
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4.0 Planning assessment
4.1 Technical Compliance
The proposed Dual occupancy meets the relevant key technical provisions of the Medium Density
Residential and Multiple Dwellings Codes, as described below, with further discussion provided thereafter.
Criteria The Noosa Plan 2020 Proposal Compliance
Site Details 73 Southern Cross Parade – 810.29m2
Height 8m and 2 storeys 7.95m and 2 storeys Y
Site Cover 40% overall (324.11m²) 39.86% (323m²) Y
Plot ratio/GFA 0.4:1 (324.11m2) 0.4:1 (324m2) Y
Private Open Ground Level (25m2) >25m2 Y
Space
Setbacks Frontage
- east (6m) 8.5m to pergola Y
9.55m to main building Y
Side
- north (1.5m – 2m) 2.2m - 2.9m (upper floor) Y
- south (1.5m – 2m) 3.33m Y
-
Rear
- west (6m) 4m – 6m PO
Wall length <15m 10.2m Y
Garages Garage doors facing the street Separated by 1m PO
are separated by 2m or are
staggered by 1m.
Garage doors are no greater than garage door 5.1m wide Y
6m in width or no greater than <50% of lot width Y
50% of the lot width
Roof Form Rooftop Terrace N/A Y
Front facade Development provides visual Unit 1 and 2 different roof form Y
interest to the street by an and front façade
asymmetrical design presentation
to the street.
Landscaping 40% of site (324.11m2) 40.09% (376m²) Y
With 60% of this to be soft 255m² (78.6% soft) Y
landscaping (194.5m²)
Carparking 2 covered and 1 additional 4 covered spaces Y
and
access
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Earthworks Cut or fill less than 1.5m Cur and fill is less than 1.5m with Y
the development stepping down
the slope from south to north
Waste Storage Screened waste areas and Bin storage near driveway + Y
located for transport to kerb with screened
grade of <1:15
Fencing Setback average of 1m and Fence setback greater than an Y
articulated by stepping the design. average of 1m with dense
landscaping proposed
4.2 Building Design
General
The proposed dual occupancy design is finished with an attractive built form which addresses the street
and contributes positively to the surrounding development on Southern Cross Parade. The design
incorporates a mix of materials to add visual interest in accordance with the requirements of the Medium
Density Residential Zone code. This is achieved through variations in plane, roof form and the use of a
variety of external finishes.
The design will be finished with high quality landscaping and useable communal and open space area. The
design also contributes positively to the whole locality, complements the landform by stepping down the
cross-sloping lot enhancing the streetscape. The development will not dominate the streetscape nor
present bulky given the proposed thoughtful design elements of glazing and the chosen use of structural
materials.
The garages, while not staggered, will not be dominate as the centrally located driveway and the
substantial setback allows for dense soft landscaping forward of the building line. Noting the extent of soft
landscaping exceeds the required 60% of the total landscaping setout by the Code (>70%).
The code does not require vehicles to leave the site in a forward gear, as Southern Cross Pde is a Local
Road. Southern Cross Pde is a split road and this side of the street is one way making it safe to exit the
property in reverse gear, however, the design allows for vehicles to enter and exit the site in a forward
gear.
Garages that face the street
Acceptable outcome AO15.2 seeks where garages face the street, they are separated by a minimum of
2m or are staggered in setback by a minimum of 1m.
While each unit has individual character resulting from the mix of external material finishes, the charges
are only separated by 1m. Acceptable outcome AO15.2 and the associated PO15 are provided below for
reference.
AO15.2
Where multiple garages face the street, they are separated by a minimum of 2 metres or are staggered
in setback by a minimum of 1 metre.
Garages and Carports
PO15
Garages, garage doors and carports do not dominate the street or the building design.
It is considered the proposal complies fully with the design requirements of the Medium Density Zone
Code and PO15 and will not dominate the streetscape or building design because:
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• the garages have a substantial setback of 9.61m from the front boundary;
• the upper floor level pergola protrudes forward of the garage build line with dual architectural posts
used to help reduce the garages appearance;
• a lightweight natural timber vertical batten finish is used and softens any impact of the garage doors;
• the front elevation is asymmetrical and uses a mix of materials to provide an interesting street facing
elevation and not dominated by garaging;
• the centrally located driveway allows for the fence and landscaping to screen most of the garage doors;
• the front fence covers nearly three quarters of the southern garage door and dense landscaping is
provided in the front of the fence to screen both the fence and garages as shown below in Figure 8;
•
Figure 8 - dense screening vegetation to the front of the site.
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• The northern garage door is also screened by dense landscaping which will cover nearly three quarters
of the door;
• Council has historically approved double garage doors where the front fence and landscaping offsets
and does not dominate the streetscape as in this case, including the dual occupancy recently approved
and currently under construction on the adjoining property.
• The built form is articulated and substantial landscaping provided forward of the building line;
• The building is setback greater than the required 6m;
• The design is a contemporary outcome which will enhance and contribute positively to the locality;
• The street facing façade is interesting with each dwelling offering individual character;
• The building is designed to step down the slope with the garages setback a generous 9.61m
demonstrating the development will not dominate the street given this significant setback; and
• The proposal exceeds the quantity of soft landscaping required with landscaping provided to the whole
perimeter of the site, a generous portion within the frontage and rear yards.
Setback – rear
The proposal is setback 4.2m in lieu of 6m set out by the AO12.1(c). The relevant PO12 is provided
below for reference.
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;
(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 proposed 4.2m setback fully complies with PO12 for the following reasons—
• Will not impose on the neighbouring rear property as some excavation is required and the development
sits lower on the lot.
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• While the area between the building and fence is LOS, the main POS is along the southern side of unit
1 and unit 2 LOS includes a swimming pool directly opposite the swimming of the neighbouring property
demonstrating that there will not be any loss of amenity.
• No additional overlooking will occur as:
o this elevation is the western elevation and requires protection from afternoon sun by the
inclusion of screening devices (able to be conditioned);
o bedrooms are located on upper level of unit 1 and require privacy;
o unit 2 balcony is setback greater than the required 6m;
• Will not be imposing as the building is well articulated;
• The development is fully compliant with the applicable AO’s regarding Site cover, Plot ratio, LOS, POS
as well as providing strategically placed screening devices for privacy and weather protection which
demonstrates the proposal will not impact on views, access to sunlight or overlook neighbouring or
nearby properties;
• The built form exceeds required front setbacks and complies with Site cover and Plot ratio which are
the key parameters regulating scale and bulk demonstrating the development is not bulky nor of a
scale that will dominate the rear property;
• That 4.2m is sufficient separation between land uses; and
• Dense landscaping is provided the entire length of the rear boundary.
4.3 Sustainable Building Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code is
provided below
Performance Outcome Comment
orientates buildings and The design includes glazing and inside outside connection
windows to make the most of which allows good flow through ventilation.
prevailing winds, natural
ventilation, and cross breezes;
maximises shade to east and Eaves, the upper floor and veranda roofs act to shade walls
west walls; and the orientation minimises the effect of the west
afternoon sun.
contains an open and The design creates good flow and permeability to the rear
permeable built form that LOS and swimming pool which creates an inside outside
connects indoor and outdoor feel to the living areas, particularly the use of glazing to level
spaces in an integrated design; 1 enhances the indoor outdoor connection.
retains existing vegetation and Although not proposing to retain trees, the design proposes
natural shading where possible; large plantings along the frontage of the site to allow for
shading and a vegetated presentation to the street. As
demonstrated by the plans, landscaping to the full perimeter
of the site is proposed.
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incorporates The architecturally designed Dual occupancy has
passive building design to strategically placed openings, masonry walls and LOS to
reduce the need for auxiliary help with thermal comfort. Unit 2 has a north facing POS
heating and cooling; and LOS to maximise the northern aspect of the lot. While
unit 1 does not have direct north aspect the POS and LOS
will gain some morning and afternoon winter sun as
demonstrated by the 3D Sun Diagram provided on plan
A.401 A prepared by ZEST.
uses low toxic internal and A mix of low toxic internal and external materials are
external building materials; incorporated for the construction which will ensure long
lasting design that does not require regular maintenance.
uses natural light rather than Natural light is provided through the strategically located
artificial light, and may include openings and glazing on both levels of each unit.
skylights, atriums and light
wells;
provides a minimum floor to The design proposes 2.55m and 3m floor to ceiling heights
ceiling height of 2.7 metres; and which will allow for good room air circulation.
enables efficient operation and The design allows for medium density living and privacy to
use of the building. each of the dwellings, while also allowing for users to easily
flow between the main living and bedroom levels.
4.4 Reconfiguring a lot (1 lot into 3 lots)
The proposal seeks a community title subdivision for 1 lot per dwelling and a small Lot 0 of common
property. The proposal complies with the Performance outcomes PO27 – PO29 for the following
reasons:
• The subdivision will occur once construction of the approved buildings is complete;
• The driveway and entry access are clear statements of design;
• The design provides amenity and convenience for the users;
• The dwellings are walking distance to social infrastructure (3 schools), the NAC and Sunrise Beach
local Neighbourhood Centre where convenience shops are located;
• Close to the Sunshine Beach village centre;
• Close to public transport;
• Is within a Medium Density Residential Zone;
• Does not appear as a large bulky dual occupancy;
• The proposal is only seeking a different tenure as in reality the building presents no different to a
building unit format plan with exclusive use areas;
• The dwelling and carparking can be accommodated onsite. In fact, 1 additional car space is provided
to that required by the code;
• Urban infrastructure will be provided;
• The proposal is in an urban environment and is not negatively impacting on any assessable vegetation;
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• The lots are generally rectangular in shape; and
• The proposal complies with LOS and POS requirements of the code and therefore by default provides
more than reasonable amenity for the residents.
• Community title development is common in the surrounding area.
Figure 9 - dense screening vegetation to the front of the site.
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4.5 Works and Overlay Codes
Approval is sought for Operational Works. RECOR provides engineering plans including Erosion and
sediment control plans, Bulk earthworks plan, Existing services and demolition plan, Driveway layout,
vehicle swept paths and Stormwater water management plans.
A landscaping plan is also provided as part of the proposal plans which includes landscaped area and
some planting detail for screening vegetation along the side boundaries, front and rear setbacks.
5.0 State assessment and other matters
5.1 State interests
Matters established in the Planning Regulation
Nil
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 application does
not trigger assessment against for coastal hazards.
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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use Dual Occupancy,
associated Operational Works (Landscaping, Access, Car parking, Earthworks, Stormwater) and
Reconfiguring a lot (1 lot into 3 lots) for community title, situated at 73 Southern Cross Parade,
Sunrise Beach.
The use is a consistent code assessable development within the Medium Density Residential
Housing Zone. The assessment finds the design 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 Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
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