Development Tribunals Final Decision - Appeal no. 23-052 for 6 & 8 Coral Sea Court, Sunshine Beach - Signed · RAP23/0003

b)   Such other conditions, as the assessment manager reasonably requires to ensure
     compliance with the building assessment provisions.

Background

The subject site

1.   The subject site comprises two vacant blocks, with a combined site area of 1,817sq.m.

2.   The site is located on the eastern side, on a private road located above the top of the
     Coral Sea Court cul-de-sac.

3.   These two blocks slope significantly to the south east, with a fall of approximately
     12 metres from the highest point on the north west property boundary (fronting the private
     road) to the lowest point on the south east property boundary (where it meets adjoining
     properties).

4.   This subject site has a 41.131 metre frontage to an easement to the east that has been
     developed with a private road extending east above the Coral Sea Court cul-de-sac.

The proposal

5.   The proposal is for a two-storey detached dwelling designed to step down the slope of the
     subject site.

6.   The proposal has a number of elements that are the subject of this appeal:
      a. Construction of fences in the form of masonry walls along the east and southern
          property boundaries.
      b. Construction of a habitable room at the top most level of the proposed dwelling with
          an attached awning, part of which exceeds 8 metres above natural ground level.
      c. Construction of a screen on the deck (variously described as a roof terrace or
          balcony) proposed off the habitable room at the top most level of the proposed
          dwelling, part of which exceeds 8 metres above natural ground level.

Assessment of the application

7.   On 14 September 2023 Noosa Council advised the appellant of Council’s concurrence
     agency response (Council reference RAP 23/0003) to refuse the proposed dwelling house
     on the subject land for the reasons that the proposal did not comply with Low Density
     Residential Code with respect to:
      a. Acceptable Outcome AO 7.1 and Performance Outcome 7
      b. Acceptable Outcome AO 16.3 and Performance Outcome 16
      c. Acceptable Outcome AO 9.4 and Performance Outcome 9
      d. Acceptable Outcome AO 19.1 and Performance Outcome 19.

8.   The grounds for refusal contained in Council’s ‘Referral Agency Response - Refusal’ (RAP
     23/0003) advised to the appellant on 14 September were:

          1.   The proposal does not comply with Acceptable Outcome AO7.1 and
               corresponding Performance Outcome PO7 of the Low Density Residential Zone
               Code as the development:
                i.    is proposed to exceed 8 metres from natural ground level;
                ii.   design dominates the landscape and has a presentation of excessive bulk
                      to adjoining residential properties;




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