Concurrence Referral Agency - Planning Report RAP19 0001 · RAP19/0001

Author	Ben Thrower
Development Assessment
Index	RAP19/0001

APPLICATION DETAILS
Application	RAP19/0001
Applicant	Paul Austin Vasey
Proposal	Detached House
Properly Made Date	7 January 2019
Information Request Date	21 January 2019
Information Response Date	31 January 2019
Decision Due Date	7 February 2019

PROPERTY DETAILS
Property Address	5 Maher Tce Sunshine Beach Qld 4567
RP Description	Lot 755 RP 48111
Land Area	530.65m²
Existing Use of Land	Single Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Nil
Assessment Type	Code
REPORT
PROPOSAL
The application seeks a Concurrence Agency Response for a Detached House in the form of a two storey dwelling.   The subject of this assessment report pertains to the dwellings setback (4.6m) within 6m from the front boundary. The original proposal also exceeded the required 8m building height in metres. In response to the information request the building height was reduced to comply with 8m above the NGL and the finished ground level.

The locality and proposal plan are included below (Figures 1 to 5).

Figure 1 – Locality Plan

Figure 2 – Ground Floor Plan

Figure 3 – First Floor Plan

Figure 4 – Northern and Eastern Elevations

Figure 5 – Southern and Western Elevations

site details
Site & Locality Description
Road Frontage	15.091m to Maher Street
Existing Significant Vegetation	Some mature trees within the site and street frontage which the applicant seeks to retain where located outside the proposed building footprint.
Topography	The site slopes from the north west to the south east.
Surrounding Land Uses	Detached Housing
assessment
The applicable planning scheme for the application is The Noosa Plan. The following sections relate to the provisions of the Planning Scheme.
Land Use and Works Provisions
The following codes which regulate land use and design are applicable to this application:
Detached House Code
The application has been assessed against each of the above applicable code/s and found to be compliant with, or can be conditioned to comply with, each. The pertinent matters arising out of the assessment against the code/s are discussed below:
Setback
The proposed development seeks a front boundary setback of 4.6m as illustrated in Figure 6.  Despite being within the codes prescribed 6m front boundary setback, the dwelling is considered appropriately designed and sited given:
The proposed development exceeds the existing dwellings setback, which currently varies between about 3.6m and 4.6m (refer to Figure 1).  The existing dwelling will be demolished/removed prior construction of the proposed development;
The existing adjoining and nearby developments appear to support front boundary setbacks similar to the proposed 4.6m setback and therefore the proposed development maintains the visual continuity and pattern of buildings within the street (refer to Figure 1);
The proposed development is consistent with the building height of dwelling houses prevailing in the immediate vicinity (refer to Figure 4).  Hence the encroachment will not impede visual privacy of adjoining and nearby land uses as well as reasonable access to views and sunlight access or create overlooking of the neighbours;
The development preserves the existing vegetation outside its footprint, including the existing street trees that will buffer the proposed building from nearby dwellings and within the streetscape; and
The setbacks ensure sufficient separation of buildings to allow for landscaping to be provided between the building and property boundaries to minimise any impacts on residential amenity and privacy
.
Figure 6 – Site Plan illustrating the dwelling encroachment into the 6m setback.
The Draft New Noosa Plan
The draft New Noosa Plan provisions are similar to the current Planning Scheme and therefore no change to the assessment outcome would result from the new Noosa Plan.
conclusion
The application seeks a Concurrence Agency Response for a Detached House. The proposed development seeks a two storey dwelling setback 4.6m from the front boundary.

The front boundary setback is considered to comply with the Specific Outcomes of the Detached Dwelling Code as it is consistent with the existing dwelling and nearby dwelling setbacks and retains the existing vegetation outside the building footprint, including the street trees.

The proposal raises no significant planning concerns and is recommended to be supported subject to conditions.

RECOMMENDATION
APPROVE WITH CONDITIONS
Application No RAP19/0001 for a Concurrence Agency Response for a Detached House situated at 5 Maher Tce Sunshine Beach Qld 4567 as identified in the attached details recommended for the Decision Notice.
application details
Application No:	RAP19/0001
Street address:	5 Maher Tce Sunshine Beach Qld 4567
Real property description:	Lot 755 RP 48111
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The applicant seeks the following type of development approval:
Development Permit for Building Works (Detached House)
concurrence agency 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
VA-CD-103A	2	Vegetation A, prepared by w.i.m Architects	24-01-2019
VA-CD-110	3	Ground Floor Plan, prepared by w.i.m Architects	24-01-2019
VA-CD-111	3	First Floor Plan, prepared by w.i.m Architects	24-01-2019
VA-CD-113	3	Roof Plan, prepared by w.i.m Architects	24-01-2019
VA-CD-201	3	Elevations, prepared by w.i.m Architects	24-01-2019
VA-CD-202	3	Elevations, prepared by w.i.m Architects	24-01-2019
VA-CD-801	3	Render Perspective, prepared by w.i.m Architects	24-01-2019
VA-CD-802	3	Render Perspective, prepared by w.i.m Architects	24-01-2019
VA-CD-803	3	Render Perspective, prepared by w.i.m Architects	24-01-2019
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building do not exceed the maximum height requirement of this Decision Notice.
Any windows or balconies that have the potential to overlook the private spaces of neighbouring properties must include fixed external screens, positioned in such a way to obscure direct views into the habitable room windows or private open space areas of the adjoining property.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. 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 within the road reserve and in particular the trees located near the front south east corner must be retained to screen the development from the street.
Trees 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; and
Using low impact construction techniques around vegetation.
Site Access and Driveways
A sealed access driveway must be provided from Maher Terrace to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with a “Standard Vehicle Crossover” permit.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.
Earthworks and Retaining Walls
All earthworks and associated retaining walls/batters 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.
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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b. 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.

reasons for inclusion of conditions
The proposal is subject to specific built form parameters outlined in The Noosa Plan.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
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.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Detached House Driveways Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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.

rEPRESENTATIONS ABOUT REFERRAL AGENCY RESPONSE
The applicant may make representations to Council about this referral agency response at any time before the application is decided pursuant to section 30 of the Development Assessment Rules.

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REFERRAL AGENCY (RAP) REPORT

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