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Att 2_Detailed Assessment_030620 · 51994.1249.01

of 11

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                 The top of the pergolas will be approximately 11m above the ground floor level on the
                  beach side and in the absence of any greater definition of the requirement to have a
                  “12m presentation to the beach”, it is submitted that the proposal complies.

         Notwithstanding,
             the structures are intended to provide protection from excessive solar exposure, which
                is a major shortcoming for the development; and
             increase the usability of the roof top terraces, which will increase the activation Netanya
                provides for the beach and surrounding premises.

         The proposed pergolas are therefore considered to comply with the second part of the Probable
         Solution. As the pergolas comply with both parts of the Probable Solution, an assessment
         against the Specific Outcome is not required.

    9.   New Cantilevered Awning (above third level, beach side)
         With a length of 4m, and a pitch of 5 degrees, the feature awning extends 0.35m above the roof
         height of the fourth floor. This is not a discernible change in building height and is clearly
         compliant with both parts of the Probable Solution.

    10. New awning structure above seated area at NW corner for increased weather protection
    11. New rear entry structure between the building and the beach for increased weather protection
    12. New day bed pergola structure between building and beach
        These three elements are also setback in excess of 7m from the Hasting’s Street frontage and
        are therefore exempt from Part A of the Probable Solution. With regard to Part B, none of these
        elements exceed 12m in height and therefore comply with the Probable Solution.

    13. New amenities and entry structures to “Sails”
        The side of the building will fall into the “balance of the site” and there has a 15m height limits
        with which the proposal complies.

    14. New shopfront and roof over “Rumba Bar” as well as extension of Fire Stair 01
        This area is setback in excess of 7m from the Hasting’s Street frontage and therefore falls within
        the balance of the site, which is permitted to stand 15m tall with a 12m presentation to the
        beach. These elements do not exceed 12m and therefore complies with the Probable Solution.

Summary: All of the proposed changes relate to building height. In all instances the proposed changes
comply with the Probable Solution, however the effect of the proposed pergolas on the building’s 12m
presentation to the beach required a detailed compliance justification but was found to comply. As the
proposal achieves all Probable Solutions, an assessment of the Specific Outcomes is not required.


SETBACKS

Noosa Heads Locality Code
The relevant provisions with respect to setbacks are as follows:

  Specific Outcomes                                    Probable Solutions
  Setbacks
  O8 Buildings      and other structures are           S8.1 Buildings and structures comply with the
  appropriately designed and sited to—                 minimum setbacks identified in Schedule 1 -
  a) provide amenity for users of the premises as      Minimum Boundary Setbacks.
  well as preserve the visual and acoustic amenity
  of adjoining and nearby properties;
  b) provide adequate distance from adjoining
  land uses
  c) preserve any existing vegetation that will
  buffer the proposed building;

3 June 2020                                                                                         3

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