2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  10 OCTOBER 2017


previous approval did allow for three-storey development and resulted in significant site cover
and gross floor area. However, it is important to note that the proposal is inconsistent with the
existing built form within the nearby Semi-Attached Housing zone within Peregian Beach which
does not contain residential development of similar density or built form.
Of particular concern is the effect which fill on the site will have on the interface with Rufous
Street. Despite being requested, an elevation plan of the development as viewed from Rufous
Street has not been provided. However, it is evident from the floor plans that both the ground and
first floors of the ‘Wallum’ dwellings will be setback only 1.0 metre from this boundary. Cross
section diagrams demonstrate that there will be approximately 1.5 metres of fill in this section of
the site. The resultant fencing to retaining walls at the Rufous Street boundary and the elevated
height of dwellings setback 1.0 metre from this boundary is not an acceptable design outcome as
they will result in excessive bulk adjacent to Rufous Street.
It is also noted that the Reed Beach Houses do not provide for two covered car spaces, only one
covered space is provided. Whilst an additional uncovered car parking space is situated adjacent
to the front boundary it is arguable the design of these dwelling units includes a second dwelling
unit. This is attributed to the fourth bedroom which includes an attached living area, ensuite and
kitchen. It is the applicant’s position that this is not a second dwelling unit as a door connects the
area with the remainder of the dwelling unit. However, the area has separate access via an
independent set of stairs and access landing. The ability for this part of the house to be
separately occupied is likely to generate additional car parking demands which are not
adequately provided. Furthermore, this is considered to be an additional dwelling unit which
contributes to population density. This would result in a population density of 137 persons per
hectare which exceeds the 100 persons requirement.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
    Residential Uses Code
    Visitor Accommodation Code
    Reconfiguring a Lot Code
    Natural Hazards Overlay Code
    Biodiversity Overlay
Generally speaking, the development complies or can comply with most provisions of these
codes; however, some significant issues arise. The primary assessment issues for the
development are discussed later in this report.
3.3.1. Primary Planning Scheme Assessment Issues
Need
Since the proposal raises fundamental conflicts with the planning intent for the site, need is
crucial to this assessment. Need may present community benefit grounds sufficient to support
the application. Need in the development sense is commonly recognised as relating to
community wellbeing. A development may be said to be needed if, on balance, it improves
community wellbeing - such as by access to new services or facilities, or a range of other ways.
The application included an assessment of the level of need which includes an analysis of
existing and projected demand for short term accommodation and the residential property market
in Peregian Beach. Importantly the report proposes that there is a lack of short term demand for
lower cost tourist accommodation and that the market currently requires boutique visitor
accommodation that it is not currently provided within Peregian Beach.
The applicant’s needs analysis includes the following comments:
       It is Urban Economics’s opinion that there is strong need for the proposed development
       including both short-term accommodation at the right mix and scale to ensure viability and
       residential dwellings; and that the subject site represents a logical and strategic location for



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