Delegated Report - Code - Planning MCU17 0559 · MCU17/0559

Author	Coordiantor Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0559
Applicant	Candida Investments Pty Ltd
Proposal	Material Change of Use - Multiple Housing - Type 2 Duplex
Properly Made Date	14 December 2017
Information Request Date	11 January 2018
Information Response Date	22 March 2018
Decision Due Date	16 August 2018
Report Completed Date	1 August 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	16 Grant St Noosa Heads Qld 4567
RP Description	Lot 87 RP 92518
Land Area	594m²
Existing Use of Land	Residential dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Semi-Attached Housing
Overlays	-
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Multiple Housing - Type 2 Duplex.
The proposed Duplexes are identified as consistent uses within the zone and are required to follow a code assessable application process.
The following images detail the proposed plans and locality:

Basement/Ground floor plan

First floor plan

Elevation plans

Locality Plan
site details
Background
No recent Development Approvals have been issued for the site.
Site Description
The lot is rectangular in shape and approximately 594 square metres in area. The site is situated on the eastern side of Grant Street and is characterised by a slope which runs from the front to the rear of the site. An existing dwelling is situated on the land and is setback approximately 11 metres from the front boundary, vegetation is situated between the dwelling and the front and rear boundaries.
Surrounding Land Uses
The site is surrounded by a mix of detached dwellings and duplexes.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Code
The subject site is located in the Noosa Heads Locality and is zoned Semi-Attached Housing Zone. The proposed use is defined as consistent use with 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
Site Area		594m²	
Population density	4.8 persons max	4.8 persons	
Plot ratio	0.45:1 max. = 267m2	0.45:1 = 266m2	
Site cover	40% max = 238m2	39 % = 233m2	
Landscaped open space Soft landscaping Landscaping Setbacks	192 m² min 115.2m2 = min 60% of total	Conditioned to comply Conditioned to comply	
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.20 metres	X
Roof form	5 degree roof 600mm eaves to 75% of perimeter	5 degrees and 3 degrees Complies	X
Boundary setbacks Frontage Side Side Rear	6 metres min 2 metres min 2 metres min 6 metres min	6.69 metres 2.05 metres 2.05 metres 7.02 metres	
Length of wall	15 metres max	< 15 metres	
Carparking	2 covered min 1 additional	4 covered	
Built form
When the application was originally submitted it appeared to contain additional dwelling units/density, exceed GFA and had excessive bulk attributed to a frame at the front of the building with no roof form visible.
After on-going discussions with the applicant the plans were amended to address these concerns. The excessive GFA was addressed by a section of the lower level being converted to a basement. Internal changes addressed the extra dwelling units/density.
Amendment to the built form appearance by reducing the scale of the frame to the front of the building, the inclusion of overhangs/eaves and the inclusion of a 8 degree roof pitch behind the frame has resulted in a modern design which complies with the built form requirements of the planning scheme.
Building height
The proposed building requires a minor variation of 20cm to the front of the building where the building will be 8.20 metres above finished ground level. The minor variation is supported as it is acknowledged that the slope of the site requires earthworks for the driveway grade. The minor variation will not have a detrimental effect on the streetscape or when viewed by adjoining properties. It is noted that due to the slope of the site other aspects of the building will be at a higher RL than the 8.20 metre section of the building.
Landscaping
A detailed landscape plan has not been submitted with the application although site and floor plans provide indicative locations for new landscaping. It is clear that the required amount of landscaped open space is available. A condition of the approval will require that an Operational Works approval (Landscaping) be obtained and
Front fence
The plans detail a structure adjacent to the front boundary and includes landscaping. A condition of the approval will require that the front fence complies with the requirements of the Specific Outcomes and Probable Solutions for the Semi-Attached Housing Zone specifically that:
Front fences or walls are setback an average of 1 metre and are articulated to provide visual interest by stepping the design at maximum 5m intervals.
The area of land between the fence and the front property boundary shall be densely landscaped to screen any fencing from the street.
Any fencing on the boundary which is not screened by vegetation is either less than 1.2m high or of an open construction.
cONSULTATION
Referral Agencies
The applicant was not required to be referred to any Referral Agencies:
Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineering
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 MCU17/0559 for a Material Change of Use - Multiple Housing - Type 2 Duplex situated at 16 Grant St Noosa Heads Qld 4567 and described as Lot 87 RP 92518, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU17/0559
Street address:	16 Grant St Noosa Heads Qld 4567
Real property description:	Lot 87 RP 92518
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for / Preliminary Approval for Material Change of Use - Multiple Housing - Type 2 Duplex
CURRENCY PERIOD of approval
The currency period for this development approval is 6 years starting the day that this development approval takes effect.
assessment manager conditions
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
001	14	Site Plan by H4	23.07.2018
002	14	Site Cover by H4	23.07.2018
100	14	Lower Floor Plan by H4	23.07.2018
101	14	Upper Floor Plan by H4	23.07.2018
200	14	Roof Water Discharge Plan by H4	23.07.2018
300	14	Elevations by H4	23.07.2018
301	14	Elevations by H4	23.07.2018
Nature and Extent of Approved Use
The Decision Notice approves 2 x 2-bedroom dwelling units.
The maximum permitted Plot Ratio is 267m2
Backfill must be provided to the area adjacent to the rumpus room and bedroom 2 of both dwelling units (northern and southern elevations) so that the ceiling height projects no more than one metre above both the finished ground and natural level to ensure the basement meets the definition of a basement within The Noosa Plan.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level, except for the front of the building which must not exceed 8.20 metres.
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.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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 prior to pre-start meeting. 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the 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 the development site.
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.
All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like.
Landscaping
The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular:
A landscape area of at least 192m2, of which a minimum of 60% of this is soft landscaping.
Landscaping to northern and southern side boundaries which must include screening vegetation suitable to provide a visual relief to the bulk of the proposed building.
Landscaping to the front boundary which must include tree and shrubs species to provide a visual relief to the bulk of the proposed building.
Vegetated screening of any electrical transformers, bin storage areas and the like from the road frontage
Provision of 1 street tree within the road reserve for every 8 metres of road frontage suitable for planting under powerlines.
Details of all external landscaping works including provision of turf, soil and street trees.
Details of all proposed garden beds, soils remediation, mulch type and maintenance regimes.
Details of all understory shrub and ground cover plantings.
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.
Fencing and Walls
Any street fencing must be set back an average of 1 metre and articulated to provide visual interest by stepping the wall at maximum 5 metre intervals.
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.
Community Management Statement
Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment.
External Works
Grant Street 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
Site Access and Driveways
A sealed access driveway must be provided from Grant Street 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 in accordance with Council’s Standard Drawings RS-049 and RS-050 and any applicable addendum.
The driveway must be located clear of any existing services or drainage pits in the road reserve.
Car Parking
A minimum of 4 car parking spaces must be provided and marked on the site. The works must be undertaken in accordance with an Operational Works approval and must include in particular dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities.
All vehicles must enter and exit the site in a forward gear. The manoeuvring area within the site must be kept clear of obstructions.

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 1.5 metre wide footpath within the road verge for the entire length of the site’s frontage to Grant Street
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 must include in particular collection and discharge of stormwater to Council’s existing drainage system in Grant Street.
Electricity and Telecommunication 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 which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
All earthworks and associated batters/anchors 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.
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
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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
provision for 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, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, 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.
Infrastructure Charges
This Development Permit will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.

property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required

Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access, Stormwater, Drainage, External Works, Landscaping, Earthworks
Development Permit for Building Works	All building works
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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