Delegated Report - Code - Planning MCU21 0026

Author	Consultant Planner
Manager	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0026
Applicant	Justyn Ian Harding Douglas
Proposal	Material Change of Use - Dwelling house
Properly Made Date	18 February 2021
Information Request Date	17 March 2021
Information Response Date	1 April 2021 - Further Advice response 17 May 2021
Decision Due Date	26 May 2021
Report Completed Date	26 May 2021
Report Reviewed By	Patrick Murphy 26 May 2021

PROPERTY DETAILS
Property Address	20 Park Cres Sunshine Beach Qld 4567
RP Description	Lot 589 RP 48112
Land Area	588m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities - Not applicable to this assessment
Overlays	Land Subject to Acid Sulfate Soils – land between 5m AHD and 20m AHD (area 2) Coastal Protection Overlay Map Landslide Hazard Overlay – High Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for a Dwelling house. The dwelling house is proposed with 4 bedrooms and a study over 2 storeys and a small basement area. On the upper level (street level) is the garage, living spaces and 1 bedroom and associated ensuite. The lower level consists of 3 bedrooms and a living area, laundry and study. The basement level is slightly excavated to provide for a pool within the footprint of the building and landward of the Coastal building line.
The application is triggered as the lot is affected by the Coastal Protection Overlay and requests the following variations to the Planning Scheme provisions:
Setback variation to:
Front boundary – garage, entry, Porte cochere and service court roof
East boundary – roof to the winter deck on the upper level floor and part of the entry roof
West boundary – small portion of roof
Building height of 9.3m above the NGL to the south east corner of the roof.
The locality and proposal plan are included below.

Figure 1 - Locality Plan

Figure 2 - Site Plan

Figure 3 - Upper Level, Lower Level, and basement floor plans

Figure 4 - East and West Elevation
site details
Site Description
The site slopes steeply from the front boundary to the rear (seaward) boundary with native coastal vegetation existing to the rear of the lot. Approximately 11m of slope exists from the front boundary to the seaward boundary creating around a 30% slope over the site.
Surrounding Land Uses
To the south the dwelling adjoins a beach walkway and the coastal dune system reserve, to the east and west beach front dwellings (to the east the land is affected by the 15m Coastal Building Line but the land to the west is not affected the Coastal Building Line). To the north and across Park Crescent, older style units in the High Density Residential Zone (3 storeys and 12m). Noting that further to the west along Park Crescent is also High Density Residential Zone where 3 storey units exists.
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:
Low Density Residential Zone Code;
Low Density Housing Code;
Coastal Protection Overlay Code
The subject site is located in Coastal Communities and is zoned Low 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
(587m² Site Area)			
Building height storeys metres	2 storeys max 8 metres	2 storeys and basement 9.3 metres	X
Site cover	40% max	39%	
Boundary setbacks	
Frontage garage entry bin store area roof	6 metres min	0m 0m 0m	X X X
East Side	Lower floor - 1.5m Upper floor - 2m Areas above 7.5m - 2.5m min	1.5m/2m 1.5m/2m 2.5m	X
West Side	Lower floor - 1.5m Upper floor - 2m Areas above 7.5m - 2.5m min	2m 2m 2m	X X
Rear Coastal Building Line applicable	15m with cantilevered balconies permitted to protrude 3m into this setback.	15m Cantilevered 3m	
Length of wall	20 metres max	10 metres	
Soft landscaping	20% of the site area 118m²	57% (approx.) 334m² (approx.)	
Carparking	2 covered min	2 covered	
Building Height
The Low Density Residential Zone Code seeks a building height of 2 storeys and 8m above the natural ground level (NGL). While the proposal is 2 storeys, the applicant seeks a variation to allow a building height of 9.3m above the NGL to a portion of the south east corner of the building. Figure 5 below is a 3D perspective of the proposal with an 8m NGL projection showing the extent of the dwelling that exceeds 8m.

Figure 5 - 8m projection line showing the extent of building above 8m.
The relevant Performance Outcome is PO7 of the Low Density Residential Zone Code and is provided below.
Building Height
PO7
Buildings and structures
(a) are low rise and present a building height consistent with structures on adjoining and surrounding premises and with the predominant character of the area;
(b) are designed to provide an interesting streetscape and complement landform changes;
(c) do not visually dominate the street or surrounding area;
(d) respect the scale of surrounding vegetation and maintain a vegetated skyline;
(e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties; and
(f) do not exceed two storeys.
Even though the highset point of the development is located adjacent to the eastern neighbour, because of the slope of the land, the proposal sits generally the same level as the neighbouring roof line. It is considered the proposal will present a consistent height with this neighbouring development.
Although the proposal is matching the existing houses’ floor level, it is extending down the slope further and is likely to present high to the property to the west, noting that a compliant 8m dwelling would appear high given the steep topography.  The proposal at the nearest point to the western neighbour complies with the 8m height and it is not until approximately half way across the roof form (away from this neighbour) that the roof starts to exceed 8m. Therefore, the impact on the western neighbour is minimal and is unlikely to be noticeable given the uphill slope of the land when viewed from this neighbour.
The developments layout steps down the slope and the roof form falls with the topography and is unlikely to be any more dominant than a development 8m in building height, as dwellings on sloping lots are the predominate character of the surrounding area.
The rear or seaward portion of the lot and the southern dune vegetation screen the development from the beach. The lower floor looks directly into the native vegetation onsite and beyond. The upper level is likely to sit above this vegetation, but this is expected on a sloping site in this location and is unavoidable.
In terms of overshadowing, the proposal is unlikely to cause any additional shading of the western neighbour, given the proposal is less than 8m adjacent to this neighbour, but is likely to shade the subject sites rear yard (southern aspect) around the winter solstice. The properties to the east and west, because of the lay of the land, both sit forward (seaward) of this site and therefore no views will be impeded. It is noted that overlooking may still occur, however the balconies and floor levels are below 8m and as such, compliant. There is unlikely to be any additional overlooking than if the development’s roof was 8m above NGL, or than what currently occurs from the existing development.
The proposal is 2 storeys and consistent with structures in the nearby surrounding area. Further to the west is an area of High Density Residential Zone, where development is 3 storeys and 12m above the NGL and therefore this development sits lower than many of these developments. It should be noted the area of the most exceedance is where the land quickly and steeply slopes to a small gully.
Considering all the above, the proposal is unlikely to cause any adverse impacts on the neighbouring properties, is consistent in height and character with surrounding development, and meets the provisions of PO7.
Setbacks
Front Setback
The proposal seeks a zero front setback. Figure 6 below shows the extent of structures within the front setback and a street elevation.

Figure 6 - Extent of structures in the front setback on plan and street elevation in red.
PO9 of the Low Density Residential Zone Code is relevant and provided below.
Setback
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 and access to sunlight;
(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 and outdoor living;
(f) be consistent with the predominant character of the streetscape; and
(g) protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
Given the small site (588m²), steep slope and the land being subject to the Coastal Building line which requires a 15m seaward boundary setback (12m to a cantilevered balcony), a variation to the front setback is supported. In this instance the low level structures proposed are a garage, entry and a porte cochere. Given the steep slope, there are a number of structures within the front setback in the street, and in this regard some structures within the front setback would be consistent and in character with surrounding development. However, the proposed extent of structure across the frontage presents a dominant facade to the street given the walls and roof are up to 2.8m in height for a large portion of the frontage.  In addition, there is the potential for this area which is also within the side setback, to impeded views between buildings. In order to reduce the bulk, a condition will be included to remove the roof of the bin store area roof and reduce the wall height to a maximum of 2m in height. The alteration will break up the street facing façade and provide interest, rather than a straight wall plane.
Side Setback
The proposal seeks variations to the east and west elevation. Figure 7 below identifies the extent of the encroachments.

Figure 7 - East and west side elevation encroachments shaded in red.
The encroachments are considered minor and are unlikely to impact on the adjoining properties.
The west elevation encroachment in red is setback 2m rather than 2.5m but is considered minor and is unlikely to be noticeable nor will cause any amenity impacts on the adjoining closest property and the proposed 2m is sufficient space for landscaping, which a condition is included accordingly.
The east elevation encroachment is the upper portion of a covered winter deck which is setback 1.5m rather than 2m. This is considered minor and the proposed 1.5m is sufficient space for landscaping to screen the development. A condition is included accordingly.
Coastal Protection and Scenic Amenity Code
The proposal fully complies with the required 15m Coastal Building Line setback and an allowable 3m wide cantilevered balcony. The only non-compliance is a 900mm wide eave that encroaches into the 15m. This is unlikely to interfere with any of the coastal processes and does not raise and concern. Furthermore, coastal vegetation screens the whole development from the beach. Conditions are included to ensure the removal of vegetation must not extend beyond 3 metres of the building footprint in order to protect the existing character and scenic amenity, and to integrate the development with the surrounding natural landscape.
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer
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 MCU21/0026 for a Material Change of Use - Dwelling house situated at 20 Park Cres Sunshine Beach Qld 4567 and described as Lot 589 RP 48112, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0026
Street address:	20 Park Cres Sunshine Beach Qld 4567
Real property description:	Lot 589 RP 48112
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Dwelling house
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
7376-01		Building Location, Contour & Detail Plan, prepared by Livingstone Group	07/07/2020
TP300	TP6	Site Plan, prepared by Teeland Architects	17.05.21
TP301	TP6	Upper Floor Plan, prepared by Teeland Architects As annotated by Council	17.05.21
TP302	TP6	Lower Floor Plan, prepared by Teeland Architects	17.05.21
TP303	TP6	Basement Plan, prepared by Teeland Architects	17.05.21
TP304	TP6	Roof Plan, prepared by Teeland Architects	17.05.21
TP400	TP6	North Elevation, prepared by Teeland Architects As annotated by Council	17.05.21
TP401	TP6	West Elevation, prepared by Teeland Architects As annotated by Council	17.05.21
TP402	TP6	East Elevation, prepared by Teeland Architects	17.05.21
TP403	TP6	South Elevation, prepared by Teeland Architects	17.05.21
TP500	TP6	Section A, prepared by Teeland Architects	17.05.21
TP501	TP6	Section B, prepared by Teeland Architects	17.05.21
TP600	TP6	SE View with 8m Above NGL Projection, prepared by Teeland Architects	17.05.21
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level except for the area of roof as shown on the approved plan which must not exceed 9.3m above the NGL at the south east corner of the roof.
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.
Built form
The wall on the front and side boundary of the bin store area adjoining the garage must be reduced in height to a maximum of 2 metres and the area must not be roofed.
The basement must be backfilled to meet the definition of a basement under the Noosa Plan 2020.
Currency Period
This development approval lapses if the use has not happened by 26 May 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $15,000 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 for the dwelling house. 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 on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 3 metres of the building footprint to allow for construction (i.e. for scaffolding etc).
Existing vegetation in the road reserve must be retained. In this regard, the property driveway must be located to avoid the pandanus and its health maintained.
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
using low impact construction techniques around vegetation.
A garden must be provided near the pavers to the entry within the property boundary to soften the streetscape elevation.
Screening vegetation must be planted along both the east and west boundaries for the full length of the dwelling house in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 6 metres and a maximum spacing of 2 metre centres.
Coastal Protection
Gates must not be installed along the seaward property boundary to gain direct access to the beachfront.
External colours and finishes of the building must comprise of muted/environmental tones that blend with the natural environment.
No buildings, structures or retaining walls must be located seaward of the Coastal Building Line except for the structures identified on the approved plan being 2 balconies (1 on the upper level and 1 on the lower level) and a 900mm wide roof eave.
ENGINEERING
Site Access and Driveways
A sealed access driveway must be provided from Park Crescent 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.
Private retaining structures (walls, etc.) are not permitted in the road reserve.
Stormwater Drainage
Private drainage structures are not permitted in the road reserve.
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The use of pumps for stormwater discharge is not permitted.
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken generally in accordance with ARCOS plan “Civil Stormwater Management Layout”, No. 200849-C-00004, Rev A and dated 29/03/2021.
The site specific Stormwater Management Plan (SWMP) must be approved as part of the subsequent Building Permit.
The site specific SWMP must be consistent with the site specific geotechnical report’s recommendations.
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.
Easements
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.
Geotechnical Stability
Earthworks carried out on site must not affect the structural integrity of any of the adjoining lands and/or buildings and/or structures and/or services.
All works must be carried out generally in accordance with ARCOS geotechnical report “Report on Geotechnical Investigation”, Letter 01 Revision 0, Project No. 200849, dated 9 February 2021.
The site specific geotechnical report must be consistent with the site specific SWMP’s recommendations.
The site specific geotechnical report must be approved as part of the subsequent Building Permit.
Earthworks and Retaining Walls
All fill and associated 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.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
All retaining walls and associated foundations/footings must be wholly contained within the lot they support and 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:
PLANNING
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 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.
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
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
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	Driveway crossover
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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