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Delegated Report - Code - Planning MCU25 0021 (As Published) · MCU25/0021
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Tiani Bird
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0021
Applicant Kerry Martin Bone C/- Adapt Development Management Pty Ltd
Proposal Material Change of Use - Dwelling house (Building Setbacks,
Length of Wall, Front Fence)
Properly Made Date 24 February 2025
Information Request Date 24 March 2025
Information Response Date 08/04/2025
Decision Due Date 19 May 2025
Report Reviewed & G.Schramm 16.5.2025
Finalised By
PROPERTY DETAILS
Property Address 5 Park Cres Sunshine Beach Qld 4567
RP Description Lot 452 RP 48112
Land Area 531m²
Existing Use of Land Vacant land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone High Density Residential
Precinct Not applicable
Local Plan Area Coastal Communities
Overlays Landslide Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use of Premises to Establish a Dwelling
House.
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The subject site is currently vacant land located within the High Density Residential Zone within
the Coastal Communities Local Plan Area and has a total land area of 531m2. The proposal seeks
to establish a three-storey dwelling house that gains access via a single crossover to Park Crescent
and includes 26.8% soft landscaping on site. Further details of the dwelling house are included
within the table below:
Ground level Garage, lift, laundry, gym, bar, media room, swimming pool, terrace.
Main level Three bedrooms, bathroom, ensuite, living room, kitchenette, lift, two terraces.
Upper level Master bedroom, ensuite, walk in robe, lift, dining, kitchen, living, alfresco, two
terraces.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Ground Level Floor Plan
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Figure 4 – Main Level Floor Plan
Figure 5 – Upper Level Floor Plan
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Figure 6 – Roof Plan
Figure 7 – North and South Elevation
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Figure 8 - East Elevation
Figure 9 – West Elevation
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Figure 10 – Section A
Figure 11 – Section B
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2. SITE DETAILS
2.1. Site Description
The subject site is legally described as Lot 452 RP48112 (5 Park Crescent, Sunshine Beach) and
has a site area of 530.55m2. The site is currently vacant land and previously contained a large
single dwelling house. The subject site is highest at the western side boundary and falls to the east
with an approximate slope of 7.5%.
2.2. Surrounding Land Uses
Park Crescent is surrounded by a combination of low to high density residential development made
up of a mixture of two storey dwellings and multiple dwellings up to four storeys. The subject site
is located within close proximity of the town centre and tourist accommodation zone has close
access to recreation and open space.
3. ASSESSMENT
3.1. 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; and
• Noosa Plan 2020 (25 September 2020).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• High Density Residential Zone Code;
• Low Density Housing Code.
The subject site is located in Sunshine Beach and is zoned High Density Residential. The proposed
use is identified as a consistent use within the zone and is required to follow a code assessable
application process.
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
AREA 530.6m2
Building height
• storeys 3 storeys max 3 storeys
• metres 12 metres 12 metres
Site cover 40% / 212.24m2
40% / 212m2
Plot ratio 0.65:1 for sites up to and 0.65:1 / ~329.41m2 GFA
including 7,000m2 max /
344.89m2 GFA
Boundary setbacks
Ground Floor Plan / up to 4.5m
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Criteria Planning Scheme Proposal Complies
AREA 530.6m2
Frontage 6.0m min 6.69m
Side (west) 1.5m min 1.5m
Side (east) 1.5m min 2.7m
Rear 3.0m min 8.5m
First Floor Plan / 4.5m – 7.5m
Frontage 6m min 6.69m
Side (west) 2.0 – 2.5m min 2.3m
Side (east) 2.0 – 2.5m min 2.7m
Rear 6.0m min 6m
Second Floor Plan / 4.5m – 7.5m and 7.5m -12m
Frontage 10 metres min 8.9m x
Side (west) 2.0 metres min + 500mm 2.5m
per 3m
Side (east) 2.5m
2.0 metres min + 500mm x
Rear 6m
per 3m
8 metres min
Length of wall 15 metres max 12 metres
Landscaping
Soft landscaping min 20% of total (106m2) 26.8% (142.30m²)
Carparking 2 covered min 2 covered
High Density Residential Zone Code
Setbacks
Assessment
Acceptable Outcome AO9.1 of the High Density Residential Zone states:
AO9.1 Buildings and structures meet the following minimum boundary setbacks:
(a) for frontages:
(i) first and second storeys— 6 metres
(ii) third storey and thereafter—10 metres
(b) Side boundaries—
(i)
1.5 metre setback up to 4.5 metres height;
(ii)
2 metres setback between 4.5 metres and 7.5 metres height; and
(iii)
2 metres plus 500 millimetres for every 3 metres above 7.5 metres height or
part thereof
(c) Rear boundary
(i) first and second storeys—6 metres
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(ii) third storey and thereafter— 8 metres
The dwelling house proposes to establish an 8.9m front setback in lieu of 10m at the third storey
and a 6m rear setback in lieu of 8m at the third storey and does not adopt the acceptable outcome
offered within AO9.1 of the High Density Residential Zone. Despite not adopting the acceptable
outcome offered within AO9.1 the development satisfies the performance outcome PO9 for the
following reasons:
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;
(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.
(a) The dwelling house is largely setback from neighbouring properties and although seeks to
encroach within the front and rear setback at the upper level, provides adequate separation
from adjoining premises providing a high level of amenity for users.
(b) The dwelling house is proposed to be established at a height of 12m and presents intrusions
into the front and rear setback where the dwelling house will not present issues of
overlooking to neighbouring residents. The dwelling house is proposed at a height that is
accepted within the High Density Residential Zone and does not seek to unreasonably
obstruct surrounding premises view lines.
(c) The dwelling house is not proposed within the side boundary setbacks and provides 18m
of separation between the rear adjoining dwelling thereby ensuring adequate distance from
adjoining land uses is maintained.
(d) The subject site does not include vegetation of biodiversity significance and provides ample
soft landscaping that will help buffer the dwelling house.
(e) The submitted plans demonstrate that the dwelling house is provided with 26.8%
(142.30m²) soft landscaping and allows planting at ground level for trees, shrubs, outdoor
living and utilities.
(f) Park Crescent is made up of a mixture of two storey dwellings, up to four storey multiple
dwellings and the proposal is consistent with the existing established character within the
street.
(g) The subject site does not include ecologically important areas and does not impact the
natural character of the area.
The proposal satisfies the Performance Outcome PO9 of the High Density Residential Zone Code.
Front Walls and Fencing
Assessment
Acceptable Outcome AO13.1 of the High Density Residential Zone states:
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AO13.1 Front fences or walls are set back an average of 1 metre and are articulated to
provide visual interest by stepping the design at a maximum of 5 metre intervals.
Acceptable Outcome AO13.2 of the High Density Residential Zone states:
AO13.2 Where located on the boundary:
(a) the solid portion of front fences and walls is no more than 1.2 metres high; or
(b) the walls contain openings or materials that ensure it is 50% transparent and has
a height not exceeding 1.8 metres.
The proposal seeks to include a fence height of 2m at the highest point in lieu of 1.8m and does
not provide an average setback of 1m at 5m intervals and does not adopt the acceptable outcome
AO13.1 and AO13.2 of the High Density Residential Zone. As such, the proposal requires
assessment against the performance outcome PO13:
Front fences and walls
PO13 Front fences and walls are designed and sited to:
(a) contribute to the attractiveness of the streetscape;
(b) be compatible with the existing streetscape character;
(c) avoid interference with movement of surface stormwater;
(d) allow for casual surveillance of the street;
(e) provide planting in front of solid fences and walls; and
(f) ensure plantings between the front fence and the footpath does not create an
impediment for pedestrians using the footpath.
(a) The proposed fencing includes variation to material and presents visual interest to the
street. The exceedance to fence height is limited to the eastern portion of the frontage
boundary due to the slope of the site. The fence contributes to the attractiveness of the
street by providing materials considerate of the coastal landscape.
(b) Park Crescent includes a mixture of block wall fencing up to 1.8m in height. The fencing
proposed includes stone, open battens and block work and softens the visual impact of the
built form to the street thereby remaining compatible with the existing development within
Park Crescent.
(c) The development demonstrates stormwater management is achieved, and the fence does
not interfere with the movement of surface stormwater.
(d) The proposed fencing is not of a height, bulk or scale that disrupts casual surveillance to
the street.
(e) The dwelling house is provided with a 2m wide landscape buffer to the street and provides
landscaping forward of the front fencing.
(f) The proposed landscaping does not present vegetation that will create an impediment for
pedestrians using the footpath.
The proposal satisfies the Performance Outcome PO13 of the High Density Residential Zone.
Streetscape
Acceptable Outcome AO10.5 of the High Density Residential Zone Code states:
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AO10.5
For a dwelling house, development provides visual interest to the street and the surrounding area
through:
(a) limiting the vertical distance between the ground and the lowest suspended floor to no
more than 3 metres;
(b) limiting the length of any external wall in one plane to 15 metres; and
(c) ensuring each external wall includes at least one design element such as verandahs,
external stairs, window openings, awnings or porches.
The submitted plans demonstrate the length of the wall in one plane exceeds 15m and does not
adopt the acceptable outcome AO10.5 of the High Density Residential Zone Code. As such, the
proposal requires assessment against the performance outcome PO10:
PO10 Development:
(a) contributes positively to the surrounding area;
(b) addresses and enhances the streetscape by incorporating articulation and
individual design elements that add visual interest to the development;
(c) has form and architectural scale that does not dominate the streetscape or the
surrounding properties;
(d) does not detract from the visual amenity of adjoining properties through the impact
on views, access to sunlight or overlooking;
(e) takes the form of small separate buildings, rather than large single bulky
development; and
(f) sits within a landscaped setting.
(a) The dwelling house provides variation to materials window openings and open battening to
avoid the appearance of a blank wall to neighbouring properties and contributing positively
to the surrounding area.
(b) As included above, the dwelling house is provided with a number of different materials
including aluminium batten screening, stone walls, window openings and timber panels that
provides visual interest to the development.
(c) The dwelling house provides a height, scale and bulk consistent with surrounding
development and is not proposed to be established with large blank faces and walls to the
frontage thereby avoiding the impact of dominating the streetscape.
(d) The dwelling house is presented at a scale consistent with surrounding development and
does not proposed to impede upon access to sunlight of adjoining properties.
(e) The development provides variation in materials at varied heights and avoids the
appearance of bulk to surrounding development.
(f) The dwelling house is provided with ample soft landscaping and sits within a landscaped
setting.
The proposal satisfies the Performance Outcome PO10 of the High Density Residential Zone.
Site Cover
Council’s respective calculations are as per the below. Development remains compliant with the
Acceptable Outcome.
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4. DRAFT NOOSA PLAN AMENDMENT NO. 2
The Noosa Plan 2020 Amendment No. 2 is with the State for Ministerial Approval to Adopt
the Amendment.
The proposed amendments include limiting dwelling houses within the High Density
Residential Zone to being accepted development subject to requirements where located on
a lot with an area less than 500m2 and impact assessment and inconsistent use where
located on a lot exceeding 500m2.
It is noted that the ‘Coty Principle’ established that weight may be given to proposed planning
scheme amendments that may have implications for a development application. However in
this regard, as the application was lodged 24 February 2025 and decision stage commenced
9 April 2025 prior to the amendments being advertised and any feedback being received
from the community it is considered that the amendments are not advanced enough through
the legislative process to enable significant weight to be given to the proposed changes for
the subject application. As such, although the proposed form of dwelling house is not
supported under the planning scheme amendments, these changes cannot be taken into
consideration at this point of the application process.
A dwelling house within the High Density Residential Zone is currently a supported form of
development for the following reasons:
• The dwelling house is proposed within Park Crescent which is made up of a mixture
of multiple dwellings, dual occupancies, and dwelling houses that vary from two-
storeys to four-storeys. The dwelling house is proposed to be three storeys and is
consistent with the existing established development pattern within Park Crescent
and is thereby appropriately located.
• The dwelling house is provided with adequate private open space, access, parking,
landscaping, clothes drying facilities, and entertainment areas which provide a high
level of comfort and amenity for occupants.
• The dwelling house provides adequate separation between neighbouring residents
and maintains the privacy and amenity of neighbouring residents.
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5. INTERNAL REFERRALS
• Engineering Coordinator – as conditioned
The subject application is for a single dwelling that includes significant earthworks
and it is noted that part of the site is affected by the landslide mapping within the
Noosa Plan. A condition for a site specific geotechnical report has been included.
The proposed driveway does not appear to be in accordance with Council’s standard
drawings and the grades are unknown. A condition for a subsequent operational
works has been included.
No stormwater management plan for the development has been provided. A condition
for a site specific stormwater management plan has been included.
6. 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 MCU25/0021 for a Development Permit for a Material Change of
Use of Premises to Establish a Dwelling House situated at 5 Park Cres Sunshine Beach Qld 4567
and described as Lot 452 RP 48112, it is recommended the application be approved in accordance
with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU25/0021
Street address: 5 Park Cres Sunshine Beach Qld 4567
Real property description: Lot 452 RP 48112
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use of Premises to Establish a Dwelling
House (Building Setbacks, Length of Wall, Front Fence)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions must be Complied With
1. 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.
Currency Period
2. This development approval lapses if the use has not happened by 16 April 2031 unless an
application to extend the currency period is approved by Council.
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Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
WD.104 DA3 Site Setout Plan, prepared by Aboda 07/04/2025
Design Group
WD.201 DA3 Lower Level Plan, prepared by Aboda 07/04/2025
Design Group
WD.202 DA3 Main Level Plan, prepared by Aboda Design 07/04/2025
Group
WD.203 DA3 Upper Level Plan, prepared by Aboda 07/04/2025
Design Group
WD.204 DA3 Roof Plan, prepared by Aboda Design 07/04/2025
Group
WD.501 DA3 North & South Elevation, prepared by 07/04/2025
Aboda Design Group
WD.502 DA3 East Elevation, prepared by Aboda Design 07/04/2025
Group
WD.503 DA3 West Elevation, prepared by Aboda Design 07/04/2025
Group
WD.607 DA3 Section A, prepared by Aboda Design 07/04/2025
Group
WD.602 DA3 Section B, prepared by Aboda Design 07/04/2025
Group
Building Height
4. The maximum height of the development must not exceed 12 metres above the ground level.
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that the building does not exceed the maximum height requirement of this Decision
Notice.
Car Parking
6. A minimum of 2 car parking spaces must be provided on site and made available and
accessible at all times for residents.
Environment
7. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Landscaping Works
8. A minimum of 20% of the site must be retained as soft landscaping.
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9. All landscape works must be established and maintained in accordance with the approved
design for the life of the development, and in a manner that ensures healthy, sustained and
vigorous plant growth. All plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached.
10. All planting areas on the eaves must be planted and maintained at all times, with replacement
planting undertaken promptly where plants fail or do not have a healthy and vigorous growth.
Site Access and Driveways
11. A sealed access driveway must be provided from Park Crescent to all parking and
manoeuvring areas of the development. The works must be generally in accordance with the
approved plans and undertaken in accordance with an Operational Works approval. The
works must include in particular a driveway crossover generally in accordance with Council’s
Standard Drawings RS-049 and RS-050.
Stormwater Drainage
12. Stormwater runoff from the development must be discharged to Park Crescent or disposed
of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
13. 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.
Geotechnical Stability
14. All works must be carried out in accordance with a Geotechnical Report for the site prepared
by a qualified person*. Certification must be submitted to Council from a qualified person*
which certifies that the site is not at risk from landslide emanating from the site or from other
land.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. 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
1. 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
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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 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
2. 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:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
3. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Qualified Person
4. 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:
(a) is a Registered Professional Engineer of Queensland (RPEQ); and
(b) has a degree in civil engineering or engineering geology; and
(c) has a minimum of 5 years experience in the field of geotechnical engineering or
engineering geology.
Sustainability
5. Council encourages sustainable and energy efficient building design for all development,
including the use of sustainable building materials, energy efficient fittings, solar hot water,
photovoltaic systems (including the use of inverter/charges), solar panels, water saving
devices and rainwater harvesting.
Fires in Urban Areas
6. In urban areas fires are prohibited except where in an appliance is used for domestic heating
or cooking purposes, which must comply with particular standards. Any area identified as a
fire pit area on approved plans is to be in accordance with Local Law & Subordinate Local
Law No. 3, Schedule 3. Refer to the following link for details:
https://www.noosa.qld.gov.au/community/local-laws/local-laws-overview
Road Reserve Permit
7. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit and any associated building permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
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Co-ordination of Operational Works Assessment
8. 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.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
Development Permit for Operational Works Crossover.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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