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L01 Statement to NSC
Our Reference: 02865 L01 NG 18th February 2021 Chief Executive Officer Noosa Council PO Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No Dear Sir/Madam RE: LODGEMENT OF DEVELOPMENT APPLICATION AND REQUEST FOR SITING VARIATION Application for a Material Change of Use for a Dwelling House and Request for Siting Variations for Premises Located at 20 Park Crescent Sunshine Beach and Described as Lot 589 on RP48112. Martoo Consulting has been engaged by Mr Justyn Douglas, as applicant for the above proposal, to seek Noosa Council approval for a Dwelling house in a Coastal Protection and Scenic Amenity Overlay. As part of the proposal, the applicant is also seeking concessions in relation to height and side boundary setbacks for a new dwelling at 20 Park Crescent, Sunshine Beach. This letter details the proposal and provides an assessment of the development against the relevant code provisions contained within the Noosa Plan 2020. 1. THE SUBJECT SITE The subject site is a trapezoid shaped lot located on the eastern side of Park Crescent, Sunshine Beach. The site slopes steeply down from the Park Crescent frontage to the eastern rear boundary which adjoins a beach reserve. The site currently contains a small dwelling located to the front of the site which was constructed in the early 1980s. The site is bounded by the following: North east: Multi level dwelling South East: Coastal reserve West: Two storey dwelling North west (opposite the site: two storey dwelling Figure 1 below illustrates the location of the site and surrounding land uses. Vehicular access to the site is from Park Crescent and the site is serviced by all essential urban infrastructure including reticulated water supply, sewerage, underground telecommunications and overhead electricity cables, stormwater drainage and a bitumen roadway. The general character of the area is that of mix of older unit developments and large residential dwellings built to the street front. The site enjoys direct views over the coastal dune system to the ocean.
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Figure 1 – Site location
2. THE DEVELOPMENT APPLICATION
This application seeks a Development Permit for a Material Change of Use for a Dwelling House.
The following details are considered relevant to the application:
The subject site currently contains a small dwelling located at the front of the site;
The surrounding area supports substantial dwellings with several extending into the front
setback areas;
The proposed dwelling house is to be located in a similar area to the existing dwelling;
Basement beach storage and pool located at ground level;
Lower floor comprises three bedrooms and ensuites, family room, office and laundry;
Upper level comprises entry area and double garage, master bedroom and ensuite,
open plan kitchen, dining and living area;
Covered decks cantilever off the lower and upper floor levels;
Decks to feature operable timber sun and privacy screens to adjoining sites;
Garage and entry area extend into front 6 metre setback;
Minor intrusion into side boundary setbacks at upper levels;
Major roof area is of a skillion design that generally follows the slope of the site to
provide natural light and ventilation to internal areas of the dwelling;
Minor encroachment into 8 metre height limit as a result of design maximising natural
light and ventilation practices;
Pool located no more than 1.0 metre above natural ground level and is a landscape
feature
Expansive glazing to the seaward boundary;
External cladding includes VJ boards;
Muted colour scheme proposed;
Contemporary design; and
Respects the 15metre setback line across the site.
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Attachment A provides plans of the proposal prepared by Teeland Architects.
The project architect has provided the following comments about the design of the building:
The proposed house is designed not to be visible from the beach. The existing coastal landscape
between site and dunes conceals the house from beach.
The proposed house design allows neighbouring view lines to the ocean.
The house utilities a mixed material palette of hardwood and woodland grey colour tones to
compliment the native landscape and beachside character.
The proposed house design has a green roof over the garage with native planting to add natural
landscape character and contribute to the street amenity.
The house is designed with covered outdoor decks, to provide shaded outdoor living that
contributes to the beachside character and livability of the home.
The architecture utilises natural light, ventilation, and sustainable design practices to suit the local
subtropical climate and reduce energy consumption.
The house is based on best practice passive solar design. 20 Park Cres, is a south facing site, so
high level north facing glass has been used to let winter sun into the living areas to reduce the
reliance on mechanical heating and cooling.
The house also proposes a series of sustainable design features, including, electricity generation
by concealed roof top solar panels, and rainwater collection and storage for garden irrigation and
pool.
The proposed house design is integrated with native landscaping to contribute to biodiversity,
native fauna habitat and add to the natural beachside character of Sunshine Beach
Additional documents supporting the application include:
Attachment B – Geotechnical Analysis
Attachment C – Geotechnical Investigation
Attachment D – Construction Management Plan
Attachment E – Stormwater Management Plan
3. COMPLIANCE WITH STATE PLANNING POLICIES
The State Planning Policy contains assessment benchmarks for the Natural Hazards, Risks and
resilience (coastal hazards) state interest. This State interest has not been appropriately integrated
into the Noosa Plan 2020 and the proposal is required to be assessed against the SPP assessment
benchmarks.
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6. Note: Minor redevelopment in an erosion prone area in a coastal management district, includes replacing an existing permanent
building/structure with a building/structure that is the same, or substantially the same, in location and size, and monetary value of
the existing building or structure is more than the cost of the associated coastal protection works. Examples of minor
redevelopment may include adding less than 50 metres2 to an existing building footprint, or an additional storey to a single storey
building.
9. Note: see footnote 6
The site is mapped as being located within an Erosion Prone Area, within a Coastal Management District
and has a Coastal Building line as detailed below
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Figure 2 – Coastal Protection Source DA mapping
The proposal involves demolition of the existing dwelling which is old and in need of repair and
replacement with a new dwelling that is located in the same location on the site. The dwelling cannot
feasibly be located elsewhere on site and as a result is well away from the seaward boundary.
The proposal is required to be assessed against item (1) (d) which states:
(1) (d) Minor development of an existing permanent building or structure that cannot be relocated
or abandoned.
The plan details minor development as:
Minor redevelopment in an erosion prone area in a coastal management district, includes replacing
an existing permanent building/structure with a building/structure that is the same, or substantially
the same, in location and size, and monetary value of the existing building or structure is more than
the cost of the associated coastal protection works. Examples of minor redevelopment may include
adding less than 50 metres2 to an existing building footprint, or an additional storey to a single
storey building.
As detailed by the proposal plans, the dwelling has been located in the same location as the existing
dwelling on site. It is noted that this existing dwelling is over 40 years old and in need of updating and
renovation. The proposed works are considered to be substantially in the same location and size as the
existing building as detailed by the State Plan. .
Council has recently advertised its Coastal Hazards Adaptation Plan (CHAP) for community consultation.
The site is mapped as being located in the Erosion Prone area as detailed below.
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There are no specific provisions in the CHAP for the subject site.
4. ASSESSMENT
The Noosa Plan 2020 includes the site in the Coastal Communities Local Plan area and provides the site
with a Low Density Residential zoning. The assessment table for the Low Density Residential zone
details that a Dwelling House is accepted development except where it does not comply with the
relevant parts of the code and then becomes code assessable development. The proposed dwelling
has been assessed against the relevant provisions of the Low Density Residential Zone Code and
the Low Density Housing Code and does not comply with the Acceptable solutions with regard to
setbacks and height.
The site is also mapped as being located in the Coastal Protection and Scenic Amenity Area as per
the Coastal Protection Overlay map. The Assessment table for this Overlay details that the proposal
requires code assessment against the Coastal Protection and Scenic Amenity Overlay Code.
4.1 Low Density Residential zone
Setbacks
The Low Density Residential Zone code details that buildings and structures are to have the following
setbacks:
Frontage: 6m
Side boundaries: 1.5m up to 4.5m height
2m between 4.5m -7.5m height
2m plus 0.5 m for every 3m or part therefore above 7.5m height.
Rear boundary: 3.0m setback up to 4.5m in height and 6.0m setback between 4.5m -
8.0m height
The proposal does not comply with the front or side boundary setback requirements as the garage and
entrance area are located within the front 6 metre setback and three sections of the upper level of the
sides of the house intrude into the side boundary setback. Extracts of the plans illustrating the areas of
setback non compliance are detailed below.
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As the proposal does not comply with the setbacks the proposal is required to be assessed against the
Performance Outcomes PO9 which is provided below:
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; - The proposed
reduced front setback is consistent with the location of the existing dwelling on site which
currently located close to the street frontage as detailed in the photograph below.
The proposed setback and design is also considered consistent with the surrounding
streetscape which features garages and fences located along the front boundary.
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The building form steps down away from the street in recognition of the steep slope with
the garage not overlooking adjoining properties.
The side boundary intrusions relate to small sections of the upper side walls of the
building. The area of intrusions do not impact on privacy or access to sunlight due to the
slope of the site.
b) not unreasonably obstruct views or cause overlooking of private open space or habitable
areas of adjoining premises; The proposed front setback does not affect views or cause
overlooking. The proposed side intrusions relate to a portion of an upper level wall which
does not obstruct view or cause overlooking. It is noted that the adjoining premise at 18
Park Crescent is located to the rear of the site which is lower than the subject site.
c) provide adequate distance from adjoining land uses; The proposed encroachments are
consistent with surrounding development.
d) preserve existing vegetation that will help buffer development; Existing vegetation will be
retained where possible.
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; - Landscaping will be provided around the boundaries of the site.
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f) be consistent with the predominant character of the streetscape; - A number of dwellings
in Park Crescent have been approved with garages in the front setback.
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as national parks, waterways and wetlands. – The areas of non compliance
will not impact on the ecological values of the area.
Building Height
AO7.1 of the Low Density Residential Zone Code details a building height of 8 metres. The
applicant seeks a height of 9.27m, The height is a direct result of the slope of the site as well as the
15metre setback line which restricts development from stepping further down the site. As the
proposal does not comply with this acceptable outcome, the proposal is to be assessed against the
performance outcome below:
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; - The area of
intrusion relates to a section of the roof form the maximum of which is 1.27metres over the
height. The building has been designed based on best practice passive design principles
which includes high level windows and decks to minimise mechanical heating and cooling.
The building steps down the site and will not be readily visible to the surrounding area.
b) are designed to provide an interesting streetscape and complement landform changes; -
The roof form and building recognise the slope of the site and step down the site. The areas
of non compliance are not visible to the street.
c) do not visually dominate the street or surrounding area; - The areas of intrusion are
located to the centre of the site and will not be visible from the street as demonstrated by the
illustration below.
.
d) respect the scale of surrounding vegetation and maintain a vegetated skyline; - The
areas of intrusion are minor and do not impact on existing vegetation. It is noted that the 15
meter coastal setback line severely impacts on the area available for development limiting
development to the top portion of the site.
e) do not unreasonably obscure views or lead to overshadowing of neighbouring properties;
Areas of intrusion are located to the centre of the site and relate to a small section of the
roof. Intrusions will not obscure views of overshadow adjoining properties.
f) do not exceed two storeys. – complies
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4.2 Overlay Codes
The site is mapped as being located in a Coastal Protection and Scenic Amenity Area. A review of the
proposal against the Coastal Protection and Scenic Amenity Code is detailed below:
Performance Outcomes Acceptable Outcomes Proposal
PO1
Development allows for natural No acceptable outcome Complies – building setback from seaward boundary and is
fluctuations of the coast and provided. outside mapped erosion prone area
foreshores to occur, including
allowance of climate change.
PO2
Development is located, No acceptable outcome Complies – building setback away from seaward boundary.
designed and constructed to:
provided Existing vegetation are rear of site to be retained.
a) maintain dune crest
heights and minimise and
mitigate the risk to
development from wave
overtopping and storm
tide inundation; and
b) maintain or enhance
coastal ecosystems and
natural features such as
coastal creeks and
marine plants including
mangroves, salt marshes
and coastal wetlands, to
assist in protecting and
buffering communities
and infrastructure from
sea-level rise and coastal
inundation impacts.
PO3
Where a coastal building line No acceptable outcome Design includes two cantilevered 3.0m wide decks. The upper
exists on a lot, all buildings,
structures and retaining walls provided level deck is covered to provide weather protection due to the
do not extend seaward of the exposed site conditions. The covering of the deck is considered
coastal building line for the site, essential due to the south-easterly orientation and impacts of
other than— weather on the deck. Covering of the deck will enable the
windows and doors to be opened which allows for natural cross
a) uncovered and
unenclosed cantilevered ventilation.
balconies that do not
extend greater than 3 It is also noted that there are several surrounding dwellings that
metres seaward of the have covered decks within the 15 metre setback.
coastal building line; and
b) are setback a minimum
of 6 metres from the
seaward boundary
(see Figure 8.2.4.4).
PO4
Where a coastal building line No acceptable outcome Not applicable
does not exist on a lot
fronting the beachfront or a provided
reserve adjoining the
beachfront, new buildings
and structures
are setback no less than 6
metres from the seaward
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boundary of the site.
PO5 AO5
Development within the Coastal A mix of native Complies – landscaping able to be provided along seaward
Protection and Scenic Amenity landscaping, such as
Area is— ground covers, shrubs and boundary.
trees, is provided for a
1. designed to protect width of 5 metres from the Proposal able to comply with muted colour scheme. Proposal
character and scenic seaward or rear boundary plans indicated muted colours to be used.
amenity and integrate of the site to provide
with the surrounding adequate landscape
natural landscape and buffering to protect the
skyline vegetation (see F coastal dune system.
igure AP3-3A); and
2. finished predominately in Editor's Note—Refer to
colours and hues of the the Table 3.1 & 3.2
surrounding natural of PSP2 Landscaping for
landscape. suitable coastal species.
Editor's Note The
following is a useful guide
for ensuring that buildings
blend with the natural
surrounds.
External building materials
that are lightweight and
comprise predominantly
timber or board, stainless
steel, glass, and
corrugated iron will
generally be more in
keeping with the
beach/riverside character
than concrete rendered
block.
Use external colours and
roof finishes which are
non-reflective and which
do not cause glare.
Shades that match the
colours and tones of
surrounding vegetation will
ensure the buildings are
less visually prominent
from the beach or the
water.
Appropriate wall colours
will depend on the existing
native vegetation and
backdrop, but may include
muted earth/environmental
tones that blend with the
natural environment, such
as–
green;
olive green;
blue green;
grey green;
green blue;
indigo;
brown;
blue grey; and
green yellow.
PO6 AO6.1
Rear fences adjacent to the Rear fences adjacent to the Proposal able to comply with requirements.
beachfront within the Coastal beachfront within the Coastal
Protection Area are designed Protection Area incorporate the
and sited to be sympathetic following—
with the visual amenity of the
beachfront and do not degrade a) height of no more
the natural beachfront than 1.2 metres; and
character. b) open construction (ie
at least 50%
transparent);
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c) lightweight materials
(eg. timber); and
d) dark colours to blend
with the natural
landscape.
AO6.2
Gates are not installed in
fences as direct access to
the beachfront does not
occur.
AO6.3
Only beach access points
for use by the community
are constructed.
5. CONCLUSION
The development proposal is considered to be consistent with the character of the area with the dwelling
stepping down the site and incorporating modern design elements.
This application can be supported on a number of grounds as previously detailed. These grounds include:
The proposed dwelling respects the topography of the site by stepping down the slope;
The proposed dwelling is consistent with the character of the area which includes a mix
of older unit complexes and modern and older houses;
The areas of setback intrusions are minor and do not impact on the amenity of the area;
The area of height intrusion are minor and located away from the street and adjoining
properties and will not impact on the amenity or character of the area.
The developable area of the site is severely limited by the shape of the site and 15metre
coastal building line setback.
The proposed form of the building is consistent the scale of development that has
occurred in the surrounding area.
The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact our Sunshine Coast office if you require any further
information and/or clarification with respect to the above application.
Yours sincerely
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
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