Council archive · source document
Planning Report · OPW22/0140
Development Application
Planning Report
Material Change of Use for Multiple Dwellings (3 units) and
associated Operational Works situated at 37 Bottlebrush
Ave Noosa Heads
(Lot 133 RP88934)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
1.3 Referral agencies........................................................................................................................ 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 9
4.1 Technical Compliance ................................................................................................................. 9
4.2 Setbacks ................................................................................................................................... 10
4.3 Rooftop Terraces...................................................................................................................... 12
4.4 Sustainable Building Design Code ............................................................................................. 13
4.5 Works Codes .................................................................................................................... 14
5.0 State assessment and other matters ................................................................................ 15
5.1 State interests .......................................................................................................................... 15
5.1.1 Matters established in the Planning Regulation ............................................................................ 15
5.1.2 State Planning Policy ...................................................................................................................... 15
6.0 Conclusion ....................................................................................................................... 16
Client Name: Bottlebrush Property Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 16 May 2022
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Multiple Dwellings (3 units) and associated Operational Works
Type of approval sought: Development Permit for Material Change of Use
Development Permit for Operational Works
Site address: 37 Bottlebrush Ave, Noosa Heads
Real property description: Lot 133 RP88934
Site area: 492m2
Assessment manager: Noosa Council
Owner details: Bottlebrush Property Pty Ltd
Applicant details: Bottlebrush Property Pty Ltd c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014) - Urban footprint designation.
Planning scheme: The Noosa Plan 2020
Zone: High Density Residential zone
Level of assessment: Code
Applicable overlays: Landslide Hazard Overlay
Applicable codes: Noosa Heads Local Plan Code
High Density Residential Zone Code
Dual Occupancy and Multiple Dwelling Code
Works Codes
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Residential Development
Frontage and access Corner lot with approximately 32.1m frontage to Bottlebrush Avenue
and approximately 17.8m frontage to Berrima Row.
Topography and views The site is highly modified as a result of the existing development.
However, it is steeply sloping towards Bottlebrush Avenue with the
original slope around 20%.
Existing vegetation No significant vegetation occurs onsite.
Services Water, sewerage and stormwater in Bottlebrush Ave
Figure 1 - Aerial view and site identification. Source: DA mapping system
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
Two High density residential zone sites directly adjoin, one to the northeast with
North
a new dwelling house and an older style units to the north west.
Further to the west are units, with new multiple housing currently being
West
constructed at 31 Bottlebrush Ave. Many are older dwelling houses with some
having live development applications. Older units and dwelling houses
proposed to be demolished and replaced with new 3 storey multiple dwellings.
The Council public carpark, Noosa 5 cinema and the ‘back of house’ of
South
commercial uses within the Major Centre zone of Noosa Junction. The
hospitality precinct is located to the second tier of sites opposite and across
Bottlebrush Avenue. No Food and Drink Outlets with frontage to Bottlebrush
Avenue are permitted opposite the site in the Major Centre zone.
The corner site is opposite dwelling house in the Low density housing zone to
East
the east.
Figure 2 below provides a zoning map of the subject site and the surrounding area.
Figure 2 - Zone map. Source: Noosa Mapping
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3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use
Building height 9.2m and 3 storeys
Plot ratio / Gross floor area (GFA) 0.65:1 (319m²)
Site coverage 40% (197m²)
Car parking 6 spaces in basement
Site access Bottlebrush Ave
The application proposes multiple dwelling units consisting of 3 units, with the following features:
- 1 x 3 bedroom dwelling (123m2) and 2 x 2 bedroom dwellings (97m2 & 99m2 - small dwelling
units)
- All units have all ability pedestrian access from the carparking via a lift and an access to a
bathroom;
- Private balconies accessed directly from the living area;
- Courtyards and soft green space accessed from the ground floor;
- Basement parking for 6 vehicles accessed from Bottlebrush Ave;
- Balconies orientated to the south west looking over the junction and Noosa National Park;
and
- 3rd storey alfresco areas for each unit.
A copy of the proposed floor plans are included below.
Figure 3 - Basement and lower ground floor
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ww PIVOTAL Ow BOTTLEBRUSH - NOOSA PROPOSED GROUND FLOOR PLAN 1:100 @ A3 PCA221 PLOS: 21.04.2022 Figure 4 - first storey floor layout Ow BOTTLEBRUSH - NOOSA PROPOSED FIRST FLOOR PLAN 1:100@ A3 PCA221 PLO6 21.04.2022 Figure 5 - second storey floor layout Page 7 of 16
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ww PIVOTAL © .. BOTTLEBRUSH - NOOSA, PROPOSED SECOND FLOOR PLAN 1:100 @ 3 PCA221 PLO7 05.04.2022 Figure 6 — third storey Page 8 of 16
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4.0 Planning assessment
4.1 Technical Compliance
The proposed units meet the relevant key technical provisions of the High Density Residential and
Multiple Dwellings Codes, as described below, with further discussion provided against the relevant
Performance Outcome thereafter.
Criteria The Noosa Plan 2020 Proposal – Multiple Dwellings (3 units) Compliance
Site Details 37 Bottlebrush Ave, Noosa Heads – 492m2
Height 12m and 3 storeys 9.2m and 3 storeys Y
The 3rd storey consists of an unenclosed covered
alfresco area
Basement Basements are limited to one One access 5.8m wide Y
access a maximum of 6m wide
Site Cover 40% (197m2) 40% (197m2) Y
GFA 0.65:1 (319.8m2) 0.65:1 (319m²) Y
Private Open Ground Level (25m2) Unit 3 = 122m2 (22m² accessed direct from living) Y
Space Above Ground (12m2) or
Small Dwellings: Small Dwellings:
Ground Level (20m2) Unit 1 = 40m2 (18m² accessed direct from living) Y
Above Ground (92) Unit 2 = 34m2 (24m² accessed direct from living) Y
Setbacks Frontage Bottlebrush Ave
- 1st and 2nd storey - 6m 1st & 2nd storey – 4.36m PO
- 3rd storey - 10m 3rd storey: PO
• 9.4m to eave 10m to stairwell (unit 1 &
2)
• 9.1 to eave 9.2m to stairwell (unit3)
Berrima Row
5.5m – main building PO
6.2m to 3rd storey
Side 1st storey – 1.7m Y
Northeast: 1.5m – 2m (up to 7.5m 2nd storey – 1.7m (<4.5m in height above NGL) Y
then 0.5m thereafter per 3m) 3rd storey – 2.5m (<7.5m in height above NGL) Y
Side 1st storey
lift well - 0.84m PO
Northwest: 1.5m – 2m (up to 7.5m building – 1.5m Y
then 0.5m thereafter per 3m)
2nd storey
lift well - 0.84m PO
stairwell – 1.5m (<4.5m in height above NGL) Y
building – 2m Y
3rd storey –3m Y
Landscaping Front 6m landscaping with pools Bottlebrush Ave – 1.5m to the swimming pool PO
and visitor carparking setback and >2m for the balance of the frontage.
>2m
Berrima Row - >2m. Y
40% (196m²) landscaping with Landscaping 44.6% (219m2) Y
60% of this to be soft Soft landscaping 63% (138m²) Y
landscaping (117m2)
Carparking 4 covered spaces 6 spaces Y
+ 1 visitor
(2 x 2 bedroom dwellings = 2
1 x 3 bedroom = 2
1 x visitor = 1
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Total = 5)
Earthworks Cut or fill less than 1.5m Max 3.5m cut for basement Y
However, this is for the basement and when
fully constructed a maximum of 1.5m of cut is
proposed to the north side of the building.
Waste Screened waste areas and Bin storage will not be seen from the street Y
Storage located for transport to kerb with frontages
grade of <1:15
Roof Form No rooftop terraces and Rooftop terraces PO
parapets do not exceed 50% of
the front facade
Fencing Setback an avg of 1m and No fencing proposed. Retaining wall and Can be
articulated by stepping the entrance provided along frontage. conditioned
design. to comply.
As demonstrated in the above Table, the proposal generally complies with the key development
parameters with Performance Outcome assessment for setbacks, landscaping, and car parking.
Setbacks are addressed in section 4.3, landscaping and car parking in Section 4.5 of this report.
4.2 Setbacks
The applicant undertook a pre-lodgement meeting where Council acknowledged the constrained
nature of the lot and indicated the existing setbacks were acceptable to the new building providing
wall heights (and volumetrically) are generally consistent to the existing development.
Frontage
The design retains a 6m setback to Berrima Row (with a small encroachment for the eaves). The
application seeks a reduced secondary road setback to Bottlebrush Ave (4.5m and 4.3m to the
eaves). This setback is consistent with the existing building on the site (as denoted in red on the
proposed plans).
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The frontage setbacks will not impede views, or shade any adjoining outdoor areas which is not
already impeded or shaded by the existing development. The design allows for large landscaping
areas to be established between the front boundary and the building to assist in complementing the
building bulk, consistent with the Performance Outcomes.
The proposal improves the setback to the northeastern side boundary from a currently nil setback
line to a compliant 1.5m to 2m (relative to height in metres). The lift and stairwell slightly encroaches
into the northwestern 1.5m setback allowing for the garage to achieve compliant maneuvering. The
following Figure 7 shows in red the extent of encroachment proposed.
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Figure 7 - extent of encroachment into the north west 1.5m setback and the extent of encroachment to the Berrima Row setback
As demonstrated by Figure 7 above, the relaxation sought is minor in nature and allows for sufficient
soft landscaping between the building and boundary. This permits plantings to secure roots into soil
to maintain good healthy trees and scrubs and dense screening between land uses.
To the northwest, the stairwell and lift continue the same setback to the 2nd storey. This is
considered a minor encroachment that will not impact on the neighbouring properties and is
consistent with the existing development setbacks. Additionally, the elevation is well articulated and
uses a mix of materials.
4.3 Rooftop Terraces
The development proposes rooftop terraces to enhance livability by providing generous open space
and recreation areas. The rooftop terraces are fitted with vertical timber battening to protect visual
and acoustic privacy between house 1, 2 and 3. Screening is also provided to the north-western side
elevation of house 1 to protect privacy between the site and 35 Bottlebrush Avenue. The terraces
do not provide opportunity to overlook onto the private open space areas of adjoining lots. The
terraces are also appropriately setback from the side boundaries which creates an adequate buffer
and separation, consistent with the relevant performance outcomes
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4.4 Sustainable Building Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design Code
is provided below.
Performance Outcome Comment
orientates buildings and The design includes large balconies extending from the open
windows to make the most of kitchen/living areas. All bedrooms include natural light and
prevailing winds, natural access to the balconies, while the orientation lets winter light
ventilation, and cross breezes;
in the living spaces and bedrooms. Importantly allows for
cross breezes and natural ventilation.
maximises shade to east and Eaves and wide balcony overhangs are included to shade
west walls; walls and windows.
contains an open and All dwellings have direct access to outdoor areas and large
permeable built form that balconies. The balconies connect to the living spaces to
connects indoor and outdoor provide BBQ and outdoor living opportunities.
spaces in an integrated design;
retains existing vegetation and Although not proposing to retain trees on the sloping sites,
natural shading where possible; the design proposes large plantings along both frontages to
allow for shading and a vegetated presentation to the street
and the internal driveways.
incorporates The design provides windows and large open areas to
passive building design to provide for passive cooling and natural breeze flow through
reduce the need for auxiliary the open plan design. Two out of the three bedrooms have 2
heating and cooling;
opening each, while the 1 bedroom has a large window over
with a window garden to help cool the air and providing clean
ventilation.
uses low toxic internal and A mix of low toxic internal and external materials are
external building materials; incorporated for the construction which will ensure long
lasting design that does not require regular maintenance.
uses natural light rather than Natural light is provided through byway of window and doors
artificial light, and may include to all levels.
skylights, atriums and light
wells;
provides a minimum floor to 2.7m floor to ceiling heights are provided to all dwellings.
ceiling height of 2.7 metres; and
enables efficient operation and The design allows for high density living and privacy to each
use of the building. of the units, while also allowing for users to easily flow
between the main living and bedrooms.
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4.5 Works Codes
Earthworks
Although not meeting AO9 of the Earthworks Code for cut less than 1.5m in depth relative to natural
ground level, the design allows for a compliant driveway grade and parking for the 3 units. The 3.5m
of cut is for the basement which will be backfilled around the cut and landscaped. A maximum cut of
1.5m will result after the backfill complying with the Acceptable Outcome of the code.
The development on the sloping site follows the natural landform where practical consistent with the
relevant Performance Outcomes.
General
Recor Engineers have provided plans which include earthworks, stormwater, engineering and
vehicle turning paths in accordance with the relevant works codes. Stormwater is collected and
treatment methods seek the removal of water contaminants of the building and driveways within an
underground rainwater tank.
Landscaping
The proposal complies with total landscaping open space and exceeds the minimum required soft
landscaping with 63% soft rather than the required 60%. Also noting the private open space exceeds
that required by the code demonstrating sufficient outdoor area for the residents use, clothes drying
and landscaping. While the code outlines a minimum of 2m of landscaping is along the frontage of
the site, the proposal provides 1.5m which is sufficient to densely screen the development from the
street. Importantly, 1.5m can accommodate dense planting with no noticeable difference than what
can be provided in 2m wide garden. Existing and new coastal tree species planted within the frontage
will complement the built form and buffer and complement the development. The vegetation will be
appropriately chosen not to interfere with overhead powerlines and underground services in
accordance with the Landscaping code and Planning Scheme Policy PSP2 - Landscaping.
Car parking
Acceptable outcome AO13 seeks that car parking is in accordance with Table 9.4.1.4 of the
Driveways and Parking Code. The code requires the development provide 4 covered spaces and 1
visitor. The development provides two small dwellings (House 1 and 2) which require 1 covered
space each. House 3 exceeds 100m2 and has 3 bedrooms and therefore requires 2 covered spaces.
A total of 6 covered spaces are provided and therefore, the development fully complies with the
Driveways and Parking Code.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located in the erosion prone area.
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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Multiple Dwellings (3
units) and associated Operational Works situated at 37 Bottlebrush Ave, Noosa Heads. The
proposed multiple dwelling use is a consistent code assessable development within the High-Density
Residential Housing Zone. The assessment finds the design generally meets the relevant
Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development
(The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks; and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance cannot be achieved by
imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favorable consideration of the above development
application is therefore recommended.
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