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Delegated Report - Code - Planning MCU21 0015 · MCU21/0015
Author Blake Coulston Development Assessment APPLICATION DETAILS Application No. MCU21/0015 Applicant One Property Proposal Material Change of Use - Dual occupancy Properly Made Date 5 February 2021 Information Request Date 5 March 2021 Information Response Date 16 March 2021 Decision Due Date 7 May 2021 Report Completed Date 29 April 2021 Report Reviewed By Patrick Murphy PROPERTY DETAILS Property Address 21 Nannygai St Noosaville Qld 4566 RP Description Lot 54 RP 76937 Land Area 607.0000 m² Existing Use of Land Dwelling House STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Medium Density Residential Zone Code Precinct Not Applicable Local Plan Area Noosaville Overlays Flood Hazard Overlay Assessment Type Code PROPOSAL The application seeks approval for a Material Change of Use - Dual occupancy. The applicant is proposing demolishing the existing dwelling house and construct a duplex on the lot. The locality and proposal plan are included below. Figure 1 – Locality Figure 2 – Site Plan Figure 3 – House A: Ground Floor Plan Figure 4 – House A: First Floor Plan Figure 5 – House B: Ground Floor Plan Figure 6 – House B: First Floor Plan Figure 7 – Elevation A & B Figure 8 – Elevation C & D site details Background 21 Nannygai Street current has a single dwelling house on the premises. Site Description The topography of the site is generally flat; The premises contains existing vegetation along boundary lines; The premises contains an existing crossover gaining access to Nannygai Street. Surrounding Land Uses 23 Nannygai St: Single Dwelling House 19 Nannygai St: Multiple Dwelling Units (4 Units) 11 Nannygai St: Laguna Estate Retirement Village 20 Nannygai St: Duplex 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; and Noosa Plan 2020. Noosa Plan 2020 The following codes from the Noosa Plan 2020 are applicable to this development: Medium Density Residential Zone Code; < Noosaville Local Plan Code; Dual Occupancy and Multiple Units Use Code; Works Codes; Flood Hazard Overlay Code The subject site is located in Noosaville and is zoned Medium Density Residential Zone. The proposed use is identified as a consistent use within 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 Building height storeys metres 2 storeys max 8 metres 2 storeys 7.132 metres (Ground Floor) 8 metres (Natural Ground Level) Site cover 40% max 39.23% & 42.37% X Plot ratio 0.4:1 0.508:1 X Boundary setbacks Frontage Side Side Rear 6 metres min 2.0 metres min 2.0 metres min 6 metres min 6 metres 2.1 metres 2.1 metres 6 metres Roof Form Pitch Eaves Min 5 degrees 75% 5 degrees 100% Landscaping Soft landscaping 40% of the site 0.6:1 of the landscaping 42.13% 0.628:1 Private Open Space 25m² min (ground level) 12m2 min (upper level) 25 m² 36.36 m2 Carparking 4 covered min 4 covered Site Cover: The site cover meets the required 40% on the ground floor but exceeds the required amount on the upper floor. This is due because the ground floor has a reduction of the site cover calculations due to the alfresco being open and 600mm of the floor above (the alfresco roof) is removed for the calculations as technically being the eaves of the alfresco area. The balcony above is mostly enclosed and has eaves already. Therefore, the 600mm reduction to the open space area does not apply for the upper floor, as the eaves are already removed from the calculation of site cover. This issue can be resolved with slight changes to the balcony: remove some of the walls of the balcony so that it is unenclosed, and amend the eaves around the balcony to apply the 600mm reduction to the balcony itself. Figure 9 – Upper Floor Site Cover (Dwelling B) Figure 10 – Ground Floor Site Cover (Dwelling B) Figure 11 – Upper Floor Site Cover (Dwelling A) Figure 12 – Ground Floor Site Cover (Dwelling A) Plot Ratio The plot ratio of the duplex has a ratio of 0.508:1 being non-compliant with the plot ratio of the Medium Density Zone Code. This is solely due to the balcony being counted towards gross floor area as with the current design it is considered an enclosed space and is to be counted towards GFA. If the balcony was to reduce the walls to an extent that is considered unenclosed the plot ratio of the duplex would be approximately 0.39:1 being compliant. Figure 13 – Plot ratio Upper Floor (Dwelling A) Figure 14 – Plot Ratio Ground Floor (Dwelling A) Figure 15 – Plot Ratio Ground Floor (Dwelling B) Figure 16 – Plot Ratio Upper Floor (Dwelling B) Building Height The application has provided the elevation of the duplex with the inclusion of the building height from the peak of the duplex to the ground floor. The proposed plans does not include the vertical amount of fill between the natural ground level and the ground floor. From the scale plans it can be assumed that the building height will not exceed 8m from natural ground height. However the plans will need to be amended to demonstrate the exact amount of fill and the building height from natural ground level to the peak of the roof. Figure 17 – Elevation A Figure 18 – Elevation B Driveways The proposed driveways still present to the street as two separate driveways as there is a separation between the two driveways on the front boundary. The driveways for the duplex will be required to be combined prior entering the road reserve. cONSULTATION Referral Agencies Not Applicable Internal Council Referrals The application was forwarded to the following internal Council officers for review and/or comment: Engineering Officer conclusion & reasons for decision The proposed development has some remaining outstanding issues that cannot be conditioned. The development’s concept suggest that there it is possible for the development, with slight design changes, to comply with the requirements of the planning scheme. The application is therefore recommended for Preliminary Approval. The report is provided in accordance with Section 63(5) of the Planning Act 2016. RECOMMENDATION With regard to Application No MCU21/0015 for a Material Change of Use - Dual occupancy situated at 21 Nannygai St Noosaville Qld 4566 and described as Lot 54 RP 76937, it is recommended the application be Preliminary approved in accordance with the following details for the Decision Notice: application details Application No: MCU21/0015 Street address: 21 Nannygai St Noosaville Qld 4566 Real property description: Lot 54 RP 76937 Planning Scheme: Noosa Plan 2020 (25 September 2020) Decision details Council decided to issue the following type of approval: Preliminary Approval for Material Change of Use - Dual occupancy CURRENCY PERIOD of approval The currency period for this development approval is stated in the conditions below. assessment manager conditions General The applicant is required to submit a further code assessable application for a Development Permit for Material Change of Use – Dual Occupancy complying with the conditions of this Preliminary Approval. The following information must be submitted to Council prior to the issue of a Development Permit: Amended plans, including cross section plans, which demonstrate that the development complies with the building height requirement at Acceptable Outcome AO8.1 of the Medium Density Zone Code; Amended plans which demonstrate that the development complies with the site cover requirement at Acceptable Outcome AO10 of the Medium Density Zone Code; Amended plans which demonstrate that the development complies with the plot ratio requirement at Acceptable Outcome AO11 of the Medium Density Zone Code; Amended plans which provide for improved articulation and variation of materials and colour to the external north-western and south-eastern side elevations. Amended plans which provide for one combined driveway access to the dual occupancy that is in accordance with Standard Drwaing: RS-49. Preliminary 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 1 E Site Plan 22/04/2021 1A E Roof/Stormwater 22/04/2021 1C E Landscaping 22/04/2021 2 E Ground Floor 22/04/2021 2A E First Floor 22/04/2021 2B E Ground Floor 22/04/2021 2C E First Floor 22/04/2021 3 D Elevations A & B 09/03/2021 3A D Elevations C & D 09/03/2021 3B D Elevations A & B 09/03/2021 3C D Elevations C & D 09/03/2021 4 D Section 09/03/2021 4A D Section 09/03/2021 Currency Period This development approval lapses if the use has not happened by 30 April 2027, unless an application to extend the currency period is approved by Council. Building Height The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level. Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings 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. 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 each 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 except where required to satisfy any privacy condition of this Decision Notice. Fencing and Walls Any street fencing must be set back an average of 1 metre from the front property boundary. Any fencing on the front boundary must either: not exceed a maximum height of 1.2m, with exception to the pool wall which approximately 2.0 metres in height and will be shielded screened by substantial landscaping; be 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. Protection of Privacy To ensure privacy is protected between adjoining properties, all windows located on the northern elevation of proposed residence B and southern of proposed residence A must either: be fitted with translucent glazing be fitted with a fixed external screen 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. All clauses and by-laws of the proposed Community Management Statement must accord with the requirements of this Decision Notice Landscaping Works The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and Council’s Planning Scheme Policy PSP2 - Landscaping for the Noosaville area, and must include in particular: Screening vegetation with a mature height not less than 2.5 metres must be planted between the north-eastern and south-western boundaries and each dwelling, running for the length of the boundary except where adjacent to the pool; Screening vegetation with a mature height not less than 2.5 metres must be planted between the southern rear boundary, running for the length of the boundary; Meaningful landscaping in the area between the front boundary and the dwellings; Clearly identify the location, materials and height from natural ground and finished ground level of all fences; and 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. The development site must be landscaped in accordance with Landscaping Plants and Guidelines and generally in accordance with the approved plans 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. ENgineering External Works Nannygai 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 Nannygai 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 Car Parking A minimum of 3 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 AS/NZS2890.1:2004 Parking Facilities 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 2.0m metre wide footpath within the road verge for the entire length of the site’s frontage to Nannygai 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. 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. Easements Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. Earthworks and Retaining Walls All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. 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. ENVIRONMENTAL HEALTH CONDITIONS Building Demolition/Removal/Relocation Performance Bond Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Waste management A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy PSP10 - Waste Management and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. The Plan must contain the following information: The areas for the storage and separation of waste shown on a site plan; A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and Table – Waste Management Table Table – Waste Management Table MATERIALS ON-SITE DESTINATION Re-use and Recycling Disposal Expected waste materials Estimated volume(m³) On-site *specify proposed re-use or on-site recycling methods Off-site *specify contractor and recycling outlet *specify contractor and landfill site or other disposal site Excavation material Green waste Bricks Concrete Timber-please specify Plasterboard Metals - please specify Asbestos Other - please specify Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor. Waste Storage The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. Noise Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following: Air-conditioning and Refrigeration 7am to 10pm: Maximum level allowable = background + 5dB(A) 10pm to 7am: Maximum level allowable = background + 3dB(A) Pumps 7am to 7pm: Maximum level allowable = background + 5dB(A) 7pm to 10pm: Maximum level allowable = background + 3dB(A) 10pm to 7am: No audible noise. Assessment and certification is required immediately after installation of the equipment and prior to any occupation of the building. All equipment should be operating at the same time to test the overall noise level created, with the measurement location at either the residential boundary or outside the most exposed part of an affected building - whichever is the closest to the plant/equipment. The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice. 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: PLANNING Aboriginal Cultural Heritage Act 2003 There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act). The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage. You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act. Equitable Access and Facilities The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work: the Disability Discrimination Act 1992 (Commonwealth); the Anti-Discrimination Act 1991 (Queensland); and the Disability (Access to Premises – Buildings) Standards. Development Compliance Inspection Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection. 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. ENVIRONMENTAL HEALTH ADVICE Building Works Noise from residential building works shall comply with the following – Limited to between 6:30am to 6:30pm Monday to Saturday. All reasonable measures are taken to minimise noise emissions. Not permitted on Sunday or public holidays. Measurement of Noise Measurement of sound pressure levels (adjusted for tonality and impulse) must be in accordance with either: (a) Australian Standard AS1055.1 “Acoustics–Description and measurement of environmental noise – General procedures”, or (b) The relevant “Noise Measurement Manual” as provided by the Department of Environment and Heritage Protection. A qualified person is considered to be either: (a) a Registered Professional Engineer of Queensland, or (b) an environmental consultant with a minimum of 3 years current experience in the field of acoustics. Acoustic Advice & Design It is highly recommended that the developer seek the advice and design input of a qualified acoustic consultant at the plan development stage to ensure the development does not cause a noise nuisance under the Environmental Protection Act 1994. Attention should be given to the following (but not limited to): building design and construction design, selection and installation of fixed plant and equipment the location of air conditioning and heating units, refrigeration plant, pumps, mechanical exhausts and plant rooms etc the use of acoustic enclosures/screens around noisy plant and equipment operating times Environmental Protection The development should be undertaken in a manner that causes no unlawful environmental nuisance under the Environmental Protection Act 1994 by the creation of excessive noise, lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the environment. In accordance with the Environmental Protection Act 1994, all sand, silt, mud, paint, cement, concrete, builder’s waste or other prescribed contaminants should not to be released to or be placed where it could reasonably be expected to move into a roadside gutter, storm water drain or a watercourse. On the spot fines apply for such offences. ENgineering 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: appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) provision for safe pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased. 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. Private Infrastructure All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority 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, carparking, landscaping, earthworks, stormwater drainage Development Permit for Building Works All building work. Development Permit for Material Change of Use Dual Occupancy 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 18 of 20 [word/header1.xml] 3 [word/header2.xml] DEVELOPMENT ASSESSMENT DELEGATED REPORT [Attachment: image10.png (image text)] a ae ° ey abopvts ppg samen a Fw2110 LINEOFFLOOROVER—<CS~—S 5 ates 3 <= = Es 3 | af—3' _uvine | +’ sar s.r | \ 8B o z z AND. 2.700 = ‘AnD, 2.520 | conse =} 2800MM CEILING HT- = ‘980MM CEILING HT / | FRESCO —— == | . 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CLADDING AND FLUSH FIT Scale 1: 100 SECTIONAL DOOR, [Attachment: image18.png (image text)] i OOD: COLORSOND ROOF ‘SHEETING, FASCIA, AND- BM HEIGHT LINE 405MM STRIA CLADDING (OR SIMILAR) FIXED TO 400MM AXON CLADDING. 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