Delegated Report - Code - Planning MCU18 0048 · MCU18/0048

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0048
Applicant	A & C McGuinness
Proposal	Material Change of Use - Detached House
Properly Made Date	20 March 2018
Information Request Date	5 April 2018
Information Response Date	26 April 2018
Decision Due Date	15 June 2018
Report Completed Date	8 June 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	7 Arakoon Cres Sunshine Beach
RP Description	Lot 780 RP 48111
Land Area	615 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Natural Hazards Overlay – Slide Hazard Natural Resources Overlay – Coastal Protection
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The site is located in a Coastal Protection area under the Noosa Plan therefore requires planning assessment. The existing dwelling is to be demolished and a new dwelling subject to this proposal constructed. Refer to the below Figures 1 – Site Plan and Elevations.

East Elevation

South Elevation

West Elevation
Figures 1 – Site Plan and Elevations
site details
Background
The site has an existing dwelling on site.  The system does not show approval details.
Site Description
The site slopes up from Arakoon Crescent at a gradient of 10-15% and is located on the western side of the road. Refer Figure 2 – Subject Site.

Figure 2 – Subject site

Surrounding Land Uses
The site is located within an established residential area with dwellings are located to the north, south, east and west.
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:
Eastern Beaches Locality Code
Detached House Code
Engineering Codes
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The proposed use is defined as a consistent use with the zone and is required to follow an impact 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 cover	50/30% or 40/40%	46/16%	
Landscaped open space	20 % min	20%	
Building height storeys metres	2/3 storeys max 8 metres	2 storeys 8 metres	
Boundary setbacks Frontage Side Side Rear	6 metres min 1.5-2 metres min 1.5-2 metres min 3-6 metres min	5.42 metres – deck only Southern - 1.586-1.62 metres for length of garage and eve Northern – 1.0 metre to open pergola blade walls and roof frame and entry statement 4.6 to pergola and 5-9.39 metres	X X X X
Length of wall	15 metres max	8.5 metres	
Carparking	2 covered min	2 covered	
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Engineering Assessment

Side Boundary Setbacks
Probable Solution S1.1 of the Detached House Code seeks a minimum side boundary setback of 2.5m for a vertical building height of 7.5m – 8.0m (relative to natural and/or finished ground level). The code nominates the minimum side boundary setback to ensure buildings and other structures are appropriately designed and sited to provide amenity for users of the premises as well as preserve the visual and acoustic privacy of adjoining and nearby uses. The minimum setback is also sought to allow for the retention of existing vegetation, or new landscaping which will provide a buffer from adjoining uses landscaping to be provided between buildings.

Northern setback:
The application proposes side boundary setbacks compliant with the code, aside from a minimum setback of 1.5m where part of the dwelling is up to 4.5m in height. A 1.0m setback is proposed for a pergola type structure that is the walkway to the entry of the dwelling in lieu of 1.5m (4.5m high). The entry porch at the rear also has the same setback, only the intrusion is relatively minor. A small portion of boundary fence encroaches above the 2 metre height limit as shown in Figure 4 & 5.

Figure 4 – encroachments northern and front boundary

Figure 5 – encroachments northern boundary

Southern setback:
The proposed dwelling has the required setbacks to the southern boundary with the exception of the garage, middle level eve and rear eve shown in Figure 6 below. While the proposed dwelling requires a setback of 1.5 metres up to 4.5 metre, the garage achieves a .4 metre setback for the garage which has a height ranging from 2-3 metres. This complies with Schedule 1, being a Class 10a building for side boundary setbacks. A minor eve intrusion at the middle level protrudes slight over 4.5 metre (No. 2 in above diagram) and an eve/wall intrusion (.81m) at the rear of the dwelling where the height exceeds 7.5m. These are relatively minor and unlikely to impede on the amenity of the lot to the south. The proposed dwelling and the dwelling adjoining to the south have a combined setback of 4.4m providing a reasonable buffer.
Where the dwelling encroaches within the setback to the south, the area of encroachment mostly aligns with the built to boundary garage on the adjoining lot thus eliminating the potential for impacts to the adjoining lots with regards to visual and acoustic privacy. The application proposes a landscaped area within the southern side setback providing screening and softening of the built form.

Figure 6 - Southern boundary encroachments
Although the proposed dwelling does not achieve a minimum side boundary setback of 2.5m sought under the code, the proposed setback is unlikely to adversely impact on the visual and acoustic privacy of the adjoining lot to the north and south.
Front setback:
The middle deck encroaches almost 1 metre into the front setback for a length of 4 metres on the northern side of the property.  The planter for which the eastern side serves as a front boundary fence. This fence/planter box side is 2 metres high at the highest point. Refer Figure 7.
The setback relaxations sought is acceptable and supported.

Figure 7 – encroachments southern boundary and front boundary

conclusion & reasons for decision
All works are located away from seaward boundary of the site and do not compromise the intent of the Coastal Protection area (Natural Hazards overlay).
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 MCU18/0048 for a Material Change of Use - Detached House situated at 7 Arakoon Cres Sunshine Beach Qld 4567 and described as Lot 780 RP 48111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU18/0048
Street address:	7 Arakoon Cres Sunshine Beach Qld 4567
Real property description:	Lot 780 RP 48111
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Detached House
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
WD.201	3	Garage Level Plan, drawn by Aboda	26.04.18
WD.202	3	Main Level Plan, drawn by Aboda	26.04.18
WD.203	3	Upper Level Plan, drawn by Aboda	26.04.18
WD.204	3	Roof Plan, drawn by Aboda	26.04.18
WD.501	3	East Elevation, drawn by Aboda	26.04.18
WD.502	3	North Elevation, drawn by Aboda	26.04.18
WD.503	3	South Elevation, drawn by Aboda	26.04.18
WD.504	3	West Elevation, drawn by Aboda	26.04.18
WD.601	3	Section A, drawn by Aboda	26.04.18
WD.602	3	Section B, drawn by Aboda	26.04.18
WD.603	3	Section C, drawn by Aboda	26.04.18
WD.604	3	Section D, drawn by Aboda	26.04.18
WD.605	3	Section E (Driveway) , drawn by Aboda	26.04.18
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface and 2 storeys.
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.
Built form
External colours and finishes of the building must comprise of muted/environmental tones 0523 that blend with the natural environment.
The eastern balcony must have transparent balustrading.
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 is to be provided between the side boundary and the length of the garage wall, so as to minimise the bulk of the wall.
The basement must comply with the ‘Basement’ definition in the Noosa Plan.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works.  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.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Trees in the road reserve must be protected from construction activities by:
clearly marking vegetation with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Site Access and Driveways
A sealed access driveway must be provided from Arakoon Crescent to all parking areas of the development. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawing number 28045-DR1 prepared by SCG Consulting Engineers dated April 2018 and Council’s standard drawing RS-049 and RS-050.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken generally in accordance with drawing number 28045-SW1 prepared by SCG Consulting Engineers dated April 2018.
Geotechnical Stability
All works must be carried out in generally in accordance with the recommendations contained in the following:
The Soil Test and Footing Report, report number 28045(S) prepared by SCG Consulting Engineers dated 19 March 2018, and
The Slope Stability Assessment, report number 28045(SL) prepared by SCG Consulting Engineers dated 19 March 2018.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in The Soil Test and Footing Report, report number 28045(S) prepared by SCG Consulting Engineers dated 19 March 2018, and The Slope Stability Assessment, report number 28045(SL) prepared by SCG Consulting Engineers dated 19 March 2018 and that the development has a minimum factor of safety against landslip of 1.5 in the long term. *(Refer to advisory Note)
Earthworks and Retaining Walls
All fill, batters, retaining walls and associated foundations 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.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Erosion and Sediment Control
Prior to the completion of the development, all site surfaces must be effectively stabilised using methods which have achieved effective short-term stabilisation and which will continue to achieve effective stabilisation in the medium to long-term. For the purpose of this condition, an effectively stabilised surface is defined as one that does not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully erosion or lead to sedimentation, or lead to water contamination.
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
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access Driveway
Development Permit for Building Works	Private Certification
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.

[word/footer1.xml]
Page 12 of 12

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image1.png (image text)]
  

SITE PLAN

SCALE 1:200 @A3


[Attachment: image10.png (image text)]
 

SOUTH EAST VIEW


[Attachment: image3.png (image text)]
   

NORTH ELEVATION

3D PERSPECTIVE.

   


[Attachment: image7.png (image text)]
 

NORTH EAST VIEW