Delegated Report - Code - Planning MCU21 0170

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0170
Applicant	Cooper and Small Pty Ltd
Proposal	Material Change of Use - Dual occupancy
Properly Made Date	28 September 2021
Information Request Date	27 October 2021
Information Response Date	16 November 2021
Decision Due Date	21 February 2022
Report Completed Date	21 February 2022
Report Reviewed By	Patrick Murphy 21 February 2022

PROPERTY DETAILS
Property Address	183 Weyba Rd Noosaville Qld 4566
RP Description	Lot 8 RP 113358
Land Area	607m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Urban Footrpint
Zone	Medium Density Residential Zone Code
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Land Subject to Acid Sulfate Soils Overlay 5 metres AHD or Below Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dual occupancy. The applicant proposes a 2-storey dual occupancy which comprises 2 dwellings with a gross floor area of 131m2 per dwelling. Each dwelling includes a dining and living room, kitchen, 3 bedrooms, 2 bathrooms, ensuite and laundry, in addition to an outside living area, pool and balcony which is accessible via the master bedrooms.
The proposal requires variations for the following:
Medium Density Residential Zone Code – Acceptable Outcome AO12.1: Side Setbacks 2 metres in lieu of 2.5 metres where above 7.5 metres in height.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Ground Floor Plan

Figure 4 – First Floor Plan

Figure 5 – North and East Elevations

Figure 5 – South and West Elevations

site details
Background
The existing dwelling received building approval in 2001.
Site Description
The subject site comprises an area of 606m2 and is relatively flat. The subject site is free of native vegetation and an existing dwelling site in the centre of the property. Access to the site is provided from Weyba Rd, via a crossover driveway. It is also noted that the site is constrained by flooding which is represented by the Flooding and Inundation Extent on the Flood Hazard Overlay Map.
Surrounding Land Uses
The surrounding land uses of the subject site are varied and are comprised of the following:
North	Weyba Rd and Lake Weyba.
East		Multiple Dwelling Units, South Pacific Resort, Noosa Art’s Theatre and the Noosa Australian Football Rules Club.
West		Food and Drink Outlet, Multiple Dwelling Units, Offices, Food and Drink Outlets, Supermarket and Dwelling houses.
South	Dwelling houses.
assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Medium Density Residential Zone Code;
Noosaville Local Plan Code;
Dual Occupancy and Multiple Dwelling Code; and
Works Codes.
The subject site is located in Noosaville and is zoned Medium 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
Building height storeys metres	2 storeys max 8 metres	2 storeys 8 metres	
Site cover	40% max	40 %	
Plot ratio	0.4:1 max.	0.40:1	
Boundary setbacks Frontage Side (North) Side (South) Rear	6 metres min 1.5/2.0/2.5 metres min 1.5/2.0/2.5 metres min 6 metres min	6 metres 2 metres 2 metres 6.779 metres	X X
Length of wall	15 metres max	7 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	5 degrees 600mm to >75%	
Landscaped open space Soft landscaping Landscaping Setbacks	242m² min min 60% of total 2 metres min	242m² 145m² 2 metres	
Private Open Space	25m² min	25m²	
Carparking	2 covered min 1 uncovered min	4 covered 0 uncovered	

Setbacks
Side Setbacks
Acceptable Outcome AO12.1 of the Medium Density Residential Zone Code requires buildings and structures are setback 2.5 metres from the side boundaries where above 7.5 metres in height.
The proposed setback for the dual occupancy from the eastern and western side boundaries where above 7.5 metres in height is 2 metres. The proposal therefore does not comply with AO12.1 and is assessed against Performance Outcome PO12.
Performance Outcome PO12
Buildings and structures are designed and site to:
Provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
not unreasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
provide adequate distance from adjoining land uses;
preserve existing vegetation that will help buffer development;
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;
be consistent with the predominant character of the surrounding area; and
protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
The side setback intrusions are highlighted in Figures 6 and 7 and comprise a minor section of the balcony roof. The minor setback intrusion maintains a consistent roofline along the front façade and provides a high level of amenity to users of the balcony by providing shade from the sun.
The minor setback intrusion does not contain windows or openings and therefore there is no opportunity for the overlooking of private open space or habitable areas of adjoining premises.
In addition, it is noted that the property to the west of the subject site is a food and drink outlet and does not include any habitable rooms. The minor setback encroachments are to a small section of the eastern and western boundaries and not the northern boundary of the adjoining property, thus the setback variation will not adversely affect access to sunlight for the adjoining properties.

Figure 6 – Side Setback Intrusions (North Elevation)

Figure 7 – Side Setback Intrusions (East & Wester Elevations)
Figure 8 demonstrates the proposed setback encroachments from a bird’s eye view. Moreover, Figure 8 highlights the 1.5-metre-wide landscaped area for 2.4 metres of the 3 metre long roof, whilst the remaining 0.6 metre long area is 0.6 metres wide. In order to ensure adequate landscaping is planted in this area a condition has been included requiring a minimum 0.6-metre-wide garden to the eastern and western boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length. The proposed setback variations are considered to allow for space and landscaping to be provided between buildings. The application therefore complies with Performance Outcome PO12.

Figure 8 – Side Setback Intrusions (Roof Pan)

Landscape Code
Relevant outcomes sought by the Landscape code but not met includes ‘Landscaping is consistent with the vegetated character and landscape design principles of Noosa Shire’. The plant species selected includes a number of exotic species and species not endemic (or from the Noosa Preferred Plant List) (Performance Outcome PO10). This does not meet the requirements for being consistent with the vegetated character of the Noosa Shire. Performance Outcome PO3 and PO4 requires street trees with the applicant identifying within the application material for street trees to be conditioned. The Landscaping Code performance outcomes requires buffer and screening planting to enable the development to sit within the vegetation and screen and buffer hard surfaces. Some areas of the development does not include appropriate vegetated screening from neighbouring properties including the rear boundary with the pools located against the fence with no soft landscaping.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer, Development Assessment
Senior Environmental Officer, Development Assessment
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 MCU21/0170 for a Material Change of Use - Dual occupancy situated at 183 Weyba Rd Noosaville Qld 4566 and described as Lot 8 RP 113358, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0170
Street address:	183 Weyba Rd Noosaville Qld 4566
Real property description:	Lot 8 RP 113358
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dual occupancy
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager 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
A.00.01	TP4	Cover Page, prepared by Hive Architecture	17.02.2022
A.00.02	TP4	Site Plan, prepared by Hive Architecture (as annotated by Council)	17.02.2022
A.01.01	TP4	Ground Floor Plan, prepared by Hive Architecture (as annotated by Council)	17.02.2022
A.01.02	TP4	Upper Floor Plan, prepared by Hive Architecture (as annotated by Council)	17.02.2022
A.01.03	TP4	Roof Plan, prepared by Hive Architecture	17.02.2022
A.04.01	TP4	Elevations, prepared by Hive Architecture	17.02.2022
A.04.02	TP4	Elevations, prepared by Hive Architecture	17.02.2022
A.04.03	TP4	Elevations, prepared by Hive Architecture	17.02.2022
A.04.04	TP4	Building Sections, prepared by Hive Architecture	17.02.2022
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 21 February 2028, unless an application to extend the currency period is approved by Council.
Built Form
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
The development must not exceed a Gross Floor Area of 121m2 per unit.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational 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.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to each dwelling.
Building Appearance
All air conditioning units or other mechanical equipment must be located at ground level, or otherwise fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties.
Fencing and Walls
Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either:
not exceed a maximum height of 1.2m
be of open construction.
The area of land between the fence and the front property boundary must be densely landscaped to screen any fencing from the street.
Clothes Drying Areas
Each dwelling unit must be provided with access to an outdoor clothes line which is screened from public view.
Landscaping Works
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan and in particular the Noosa Plan - PSP2 – Landscaping Planning Scheme Policy for that specific area and must include in particular:
a minimum one (1) metre wide landscaping strip between the fence and the front property boundary along the Weyba road frontage of the subject site, exclusive of the access driveway, generally uncompromised by infrastructure items;
a minimum 800mm wide landscaped garden to be located on the inside of the front boundary fence, exclusive of the access driveway, generally uncompromised by infrastructure items;
The front boundary landscaping outside and inside of the fence must be densely planted with understorey and taller species to screen the fencing and building from the street with plants selected to grow to a minimum mature height of 1.5m and be planted at maximum 1.5m centres;
The front boundary landscaping must include at least two feature trees with a 45 litre pot size minimum.
A minimum one metre wide garden to the eastern and western boundary fences must be densely landscaped. Screening plant species must be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
All pools must be situated to allow for soft dense landscaping between the pool and fence for the length of the rear boundary.
A minimum one metre wide garden to the southern boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
Provision of 1 x 45 litre pot size street tree within the road reserve for every 8 metres of road frontage.
Provide a planting plan and plant schedule including species and pot size that meets the PSP2 – Landscaping Policy in particular plant species that are Noosa Native Preferred and meet the local character of the area.
A minimum 0.6 metre wide garden to the eastern and western boundary fence must be densely landscaped. Screening plant species are to be planted at a maximum of 1.5m centres and have a 200mm pot size. The screening trees must grow to a minimum mature height of 4m along the entire length.
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.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
Engineering
External Works
Weyba Road must be upgraded for the length of its frontage to the subject site.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
construction of a pedestrian footpath in accordance with the conditions of this Decision Notice
removal of the existing property access and reinstatement of the kerb, footpath and verge area to match the balance of the site frontage, including the provision of topsoil and turf where the existing verge is grassed
relocation/reinstatement of impacted existing on-street parking bays in the frontage of the site
Condition 19a. is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Site Access and Driveways
A sealed access driveway must be provided from Weyba Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a driveway crossover generally in accordance with Council’s Standard Drawings RS-049 and RS-050 together with any associated addendum
Car Parking
A minimum of 4 car parking spaces must be provided on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Carparking/garaging with dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities
Sufficient area for vehicles to be able to enter the site and space in a forward gear, reverse from the space and manoeuvre on site and exit the site in a forward gear in a total of 3 movements
All car parking and the access driveway must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a 2.0 metre wide footpath within the road verge for the entire length of the site’s frontage to Weyba Road
suitable transitions to the existing footpath on either side of the development site
Condition 23 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number S21-074-P01 Revision D prepared by Westera Partners dated 20 December 2021. The works must include in particular:
collection and discharge of stormwater to Council’s infrastructure in Weyba Road
extension of the site stormwater system to accommodate stormwater from the adjoining property to the south, including registration of drainage easements.
the use of gravity stormwater drainage and not surcharge pits.
Condition 24 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk infrastructure.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
An easement for drainage purposes must be registered in favour of the benefited lots against the title of the subject site to encompass any structures that convey stormwater from the benefitted lot to Weyba Road. The easement must be a minimum width of 1.0m or of sufficient width to wholly contain the drainage structures. The easement must be granted prior to the commencement of the use.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated retaining structures/batters must be undertaken in accordance with an Operational Works approval, and be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
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
For the purpose of preparing a Landscape Plan, a qualified person is considered to be a landscape architect, landscape designer and/or horticulturist with a minimum of 3 years current experience in the field of landscape design.
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.
Co-ordination of Operational Works Assessment
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.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, and emergency services to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Road work, Stormwater, Drainage work, Earthworks, Landscaping.
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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