Request Change to Development Approval (17107 DA) 1399.982748.01

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.

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