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Request Change to Development Approval (17107 DA) 1399.982748.01
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Council Reference: 17107 DA
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19th March 2012
Chief Executive Officer
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE 4560
Attention: Planning North -
Jack Lewis
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO .L
APPLICATION TO CHANGE DEVELOPMENT APPROVAL 1 .F -
DWELLING HOUSE AND OPERATIONAL WORKS LANDSCAPING AT
SUNSHINE BEACH DESCRIBED AS LOT 4 ON RP189884
Martoo Consulting has been engaged by 54 Long Pty Ltd (BA Ogilvie), as the applicant for the above
and
proposal, to submit a permissible change for a development approval providing for changes
alterations to an existing retaining wall on site.
The subject site is located at 68 Seaview Terrrace Sunshine Beach and currently contains a dwelling and
associated landscaping. The figures below illustrate the sites location at the northern end of
amenity
Sunshine Beach with view over the beachfront and nearby National Park.
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locality map Figure 2 aerial photograph
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The existing dwelling and landscaping on site was approved by Council under 17107 DA in January 2004.
The applicant has recently extended the landscaping work on the premises by increasing the height of the
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existing retaining walls that are located along the southern side of the property adjacent to the easement.
to residences at 70, 71 and 72 Seaview Terrace, Sunshine
is noted this easement currently provides
access
Beach. This increase in height has resulted in a retaining wall that is over 2.0metres in height along the
southern boundary of the site adjacent to the easement. The extension has created a retaining wall that is
now up to 2.96 metres 3.14 metres along the easement and
3.19 metres on the site near the front gate to
oSUNSHINE COAST OFFICE Page 1 oGYM PIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE PO BOX 1684 NOOSA HEADS Q 4567
- 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 0754555425 FACSIMILE 0754555725
- TELEPHONE 0754827440 -
FACSIMILE 0754824952
[email protected] [email protected]
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Page 2
the premises. A plan of the finished height is attached and the photograph below illustrates the height of the
retaining wall/fence.
It is noted that the retaining wall has always existed on this boundary and were approved and
constructed as part of the dwelling enabling the provision of landscaped area directly adjacent to the
dwelling which is currently used as a children’s play area. Photograph 2 and 3 illustrates the views of
the retaining wall from on site.
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Photograph 2 View of landscaped area on site -looking
-
Photograph 3 -
retaining walls on site -
looking south
south west
As illustrated by photographs 2 and 3, the extension to the retaining walls has now provided a low wall
that improves safety, security and privacy for the occupants of the dwelling and the surrounding
premises.
Page 2
Page 3
The extension to the retaining wall:
. Increases the safety for children using the outside areas as the low wall provides a barrier
to toys and children from accessing the easement;
. Increases the safety of the area by reducing the potential for people to fall off the
retaining wall onto the laneway;
. Provides privacy for the residents at 68 Seaview Terrace;
. Increases privacy for residents opposite the site at 69 Seaview Terrace by screening the
premises from 68 Seaview Terrace. A letter from this adjoining owner is attached
supporting the proposal;
. Reduces noise for the residents of 68 Seaview Terrace;
. Retains existing vegetation on site; and
. Does not impact on the amenity of the area.
Sustainable Planning Act
The proposal is not considered to be a Material Change of Use as there is no new use on the site nor
a change to the intensity or scale of the development. The proposal is considered to a permissible
change under the Sustainable Planning Act Section 367 of which defines a permissible change for a
development approval as:
1)A permissible change, for a development approval, is a change to the approval that
(
would not-
(a)result in a substantially different development; or
(b)if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment-require impact assessment; or
(c)for an approval for assessable development that previously required impact assessment-
be likely, in the responsible entity’s opinion, to cause a person to make a properly made
submission objecting to the proposed change, if the circumstances allowed; or
(d)cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:
(a) result in a substantially different development;
The retaining wall/fence does not alter the existing use.
(b)if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposal.
(c)for an approval for assessable development that previously required impact assessment-
be likely, in the responsible entity’s opinion, to cause a person to make a properly made
submission objecting to the proposed change, if the circumstances allowed;
Not applicable -
not previously impact assessable development.
(d)cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as a permissible change.
Page 3
Page 4
Noosa Plan
Due to the sites location in the rural settlement and open space zones and the Natural Resources
Overlay an application for a Material Change of Use for a dwelling was required and subsequently
approved under 17107 DA.
Due to the height of the retaining wall/fence it is no longer considered a fence and is required to be
assessed as a structure against the provisions of the Dwelling House Code. A review of the relevant
provisions indicates that the most relevant section relates to setbacks. The Planning Scheme
indicates a minimum distance of 1.5 metres for the side boundary setbacks for dwellings which in this
instance is not fulfilled as the retaining wall/fence is located along the southern boundary of the
premises.
As the proposal does not meet the Probable Solution it is required to meet Specific Outcome 01 which
states:
Setbacks
01 Buildings and other structures are appropriately designed and sited to-
a)provide amenity for users of the premises as well as preserve the visual and acoustic privacy
of adjoining and nearby land uses;
The retaining wall/fence provides visual and acoustic privacy for both the owner of the site and the
adjoining residence to the south as detailed in the neighbours letter. The structure actually screens
the existing dwelling and outdoor play/landscaped areas from the premises to the south which in turn
increases privacy for the neighbour.
b) preserve any existing vegetation that will buffer the proposed building from adjoining uses;
Existing vegetation on site retained.
c) allow for landscaping to be provided between buildings;
The proposed retaining wall/fence retains the existing landscaped area of the site.
d) maintain the visual continuity and pattern of buildings and landscape elements within the
street;
The structure is consistent with the existing retaining wall that existed along the laneway and
complements the existing architecturally designed dwelling on the site.
e) for class 10a structures, do not visually dominate the street;
Due to the location of the wall on the western side of the street and on a laneway it is not highly visible
from the street and does not dominate the area.
f) avoid any significant adverse impacts on the natural values of waterways and their foreshores,
including those of the Noosa River and its lakes; and
The structure will not impact on the natural values of the area.
g) do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas.
The structure will not impact on the natural cycles of the area.
The proposal is therefore considered to be consistent with the provisions of the planning scheme.
The Natural Resources Overlay also maps the site as being included in the Coastal Protection Area
and the retaining wall/fence has been reviewed against the Coastal provisions of the Overlay. The
structure is not visible from the beach and does not impact on the natural cycles of the coastal area
and is therefore consistent with the Overlay.
Page 4
Page 5
4. CONCLUSION
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.
The attached development application includes:
. four (4)copies of the proposal plans;
.
four (4)copies of letters of support from two adjoining owners.
.
a completed Council form; and
.
a cheque for $435.00 which is understood to be Council’s application fee.
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
~avfO-
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
PageS
Page 6
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Page 8
Noosa Heads 29 February 2012 Chief Executive Officer locked Bag 72 Sunshine Coast Mail Centre QlD 4560 Dear Sir I am writing to you to express my support for an application being made by the ownersof 68 Seaview Terrace, Sunshine Beach to have their recent boundary wall height increase approved. I neighbour 68 Seaview Terrace on 2 sides. I am the owner of numbers 69 and 72 Seaview Terrace, Sunshine Beach. Number 69 Seaview Terrace is located on the southern side of 68 Seaview Terrace and number 72 is located 2 houses up on the northern side of 68 Seaview Terrace. 69 Seaview Terrace and 68 Seaview Terrace are separated by an easement road that provides access to premises at 70, 71 and 72 Seaview Terrace. The boundary wall in question runs parallel with the easement road in a westerly direction. I have over a number years lived in both properties and as a result of this fact, feel that I am suitably qualified to comment on whether the increase to the wall height has had a negative impact on the area from an aesthetic point of view. I can state categorically that the increase has had no impact on my amenity from 69 Seaview Terrace. The increase has actually afforded me more privacy, as previously the occupants of 68 Seaview Terrace could look directly into my bathroom, bedroom and living room from their outdoor areas. As a result of the increase in height, the occupants can no longer see into my bathroom, bedroom and living room and I can no longer see info their outdoor areas. This work has been beneficial to all parties. It should also be noted that from my observations there have been no real obvious changes to the overall appearance of the general area. Of course the wall height has been increased but not in way that looks out of place and in my opinion, you can’t even notice the difference visually.
Page 9
.,
.
From the point of view of 72 Seaview Terrace, I again state that the increase in
wall height has had no negative impact on the amenity of the general area. I
use this easement road every day so again I feel suitably qualified to make
this statement. There are actually a number of benefits that have arisen from
this work. Firstly from a safety point of view, there are young children that
regularly play on the lawn terraces that are situated on the northern side of
the boundary wall. There have been many occasions where balls have
appeared out onto the easement road from this area whilst I have been
driving up or down the easement road. This has caused me to brake
suddenly to firstly stop driving over the balls, but more importantly, in case one
of the children was to follow the ball out on to the easement road. Due to the
increase in height these events are now impossible to take place which
obviously provides me with a great deal of peace of mind when using the
easement road.
I would also imagine that the increase in height would be beneficial to the
occupants of 68 Seaview Terrace in terms of noise reduction from vehicular
traffic using the easement road. I know this from firsthand experience whilst
living in 69 Seaview Terrace, the vehicular traffic noise can be very loud at
times and obviously has a negative impact on your day to day living.
I sincerely hope that common sense will prevail in regards to this
application
and that the new work is approved accordingly.
If you require to discuss this further please do not hesitate to contact me.
Yours faithfully
j.~oJ~
/’.
Judi Bailey
Page 10
Noosa Heads
7 March 2012
Chief Executive Officer
Locked Bag 72
Sunshine Coast Mail Centre
QLD 4560
Dear Sir
I am writing regarding the alterations to the side fence of the
residence at 68
Seaview Terrace, Sunshine Beach. As the owners of the
adjoining property we
advise we have no issue with the changes to the fence.
The fence has no effect on the amenity or character of the
streetscape or the
neighbourhood.
It appears well constructed and in foct provides an increased level of
privacy
to all who live in close proximity.
Please contact me if further information is required.
Yours sincerely
f(l~,
Joanne Perry
70 Seaview Terrace
Sunshine Beach
Ph: 54749992
Page 11
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Council Request
2011/12 Regional Strategy and Planning
to Change Existing Approval and/or Extension to Relevant Period
Sustainable Planning Act 2009
ALL questions MUST be completed unless the form indicates otherwise. .": ~Jrt_~~’l:\c’ti.
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This form must be submitted to Council accompanied by the applicable fee. ~
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Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:
i (a)a request to change the development approval and/or conditions is made to the Court; and
(b)a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
Postcode ,+-,)"6
Business phone Mobile
Email addressY.1Oct.Vi ~ Fax ,1~S-
2. Details of existing approval
Type of approval (please tick ALL applicable categories) Which entity issued approval?
~Development Permit 0 Sunshine Coast Council
0 Preliminary Approval ~Other entity -
please specify
0 Compliance Permit
’N.oo6~ Lou~L
0 Material Change of Use
0 Reconfiguring a Lot
0 Operational Works
0 Building Works
0 Plumbing or Drainage Works
0 Compliance Certificate
0 Environmentally Relevant Activity
Application number/council reference \-,~ :D~ I Date issued ’1-~.( J_~.
Is the approval for a mobile and temporary ERA? [
No 0 Yes -
complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
I
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you, Council is
authorised to collect this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
council’s privacy policy.
[email protected] 075475 7272 F 0154757277
Loc:k Bag 72 Sunshine Caalt Mail Centnt QId 04580 I ABN 37 818 973 913
c.Joundra oftica 1 Omrah Avenue Caloundra QId 4551 I ~oIIice 11-13Oca SIraet Marooc:hydora QId-4558
Nlmbour oCnr Currie and Bury Streets Nambour Old 4560 I Tewantln ofII 9Pelic:an StnMIt Tewantin Old 4565
1 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 12
.
o To change the development o To extend the relevant period
conditions berore lapsing
Please attach documentation outlining the detail of and ttle reasons and justification for the requested change or
extension.
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6. Pre-request response notice
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!e’No 10 Yes
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either Table A or Tabla B below ’
~ot~:::.~~_Il_1~.r~.~~.~_~~.~~,~.~.~fthe land all owners’ details are requl~:~
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Owner’s name/s
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, I/We, the above-mentioned ownerls of the land, consent
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making of this request.
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2 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 13
NOTES: For question 7
of the land to which the
Under sectlon 371 of the Sustainable Planning Act 2009,If the person making the request Is not the owner
approval relales, the request must be accompanied by the owner’s consant.
However, owner’s consent Is not required If the approval:
2009 applied when the
relates to land the was acq lsltlon land to which section 263(2)(d) of the SustaInable Planning Act
application for the approval was made; or
for the community
is for building work or operational work for the supply of community Infrastructure on land designated
.
Infrastructure; or
2009 If a development
the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act
application were made for the requested change.
Also, owner’s consent Is not required If the Assessment Manager is satlsfled thaI:
does not materially
the number of owners of the land make It Impractical to obtain owners’ consent, and thfl requested ohange .
affect the owners’ land; or
and the requested change
having regard to the nature of the proposed change, the owner has unreasonably withheld consent
does not materially affect the owner’s land.
Nature of State owned resource: -_.. ------..
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:- ature of Evidenc~-requlred:
-~f allocation 9~(.entitle~~.~tt~, the resour~~~Fi "v.d~nce th~ .?~Ief ~~~cutIV~.~~~_a.g;;the r!:q~ st.-.=-
~’?_.~~~~~~~
i Attach a copy of the evidence required above -_.
,. NOTES: For question 8
Section 370(3) and (4)of the Sustainable Planning Act 2009 requires that if an application for the development approval
this and evidence under section 264(1)
were made at
of the Sustainable Planning Act 2009 would be required to support
! the time of making request
1 the this
application, must be
request by the written agreement of the chief executive from whom evidence would be
accompanied
;
required under section 264(1).
:
Sectlon 264 of the Sustainable Planning Act 2009 provides that If a development Involves a State resource, a regulation may
require
be certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
i the application to supported by
evIdence required, to support the application.
12009 prescribes the State resources for which evidence is reqUired to be given, and the
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time of lodgement of this
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I/We, the applicant, declare that the above Information is correct In all respects, at the
relation to this application be
;
application with the Sunshine Coast Regional Council. Should any of the details given in
such change
in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any
.
changed
being implemented. .....
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to Relevant Period FM401
3 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension
Page 14
Receiving Officer
Customer service centres: 8.30 am to 4.30 pm Monday to Friday (excludes pUblic holidays).
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Cheque or money order to be made payable 10: Sunshine Coast Regional Council.
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