planning report Lawnville House and Caretakers · MCU22/0199

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Contents
Summary ................................................................................................................................... 3
   1.1       Development application details ............................................................................................. 3
   1.2       Planning instrument details ..................................................................................................... 3
2.0       Site details ....................................................................................................................... 4
   2.1       Site description ....................................................................................................................... 4
   2.2       Surrounding land uses ............................................................................................................. 5
3.0       Proposed development details ......................................................................................... 6
4.0       Planning assessment ........................................................................................................ 7
   4.1       Caretakers accommodation ..................................................................................................... 7
   4.2       Dwelling house........................................................................................................................ 9
5.0       State assessment and other matters .............................................................................. 13
   5.1    State interests ....................................................................................................................... 13
     5.1.1 Matters established in the Planning Regulation ............................................................................ 13
     5.1.2 State Planning Policy ...................................................................................................................... 13
6.0       Conclusion ..................................................................................................................... 14




Client Name: APAC Pty Ltd
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:              1
Date:                 17 November 2022




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




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1.0 Summary

1.1 Development application details
 Proposed development:          Development Permit for Caretaker’s accommodation
                                Development Permit for Dwelling house; and
                                second crossover
 Site address:                  317 Lawnville Road, Black Mountain 4563
 Real property description:     Lot 2 on RP83801
 Site area:                     60.55 hectares
 Owner details:                 APAC Pty Ltd
 Applicant details:             APAC Pty Ltd c/ Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:   State Planning Policy
 Regional plan:           SEQ Regional Plan 2017
 Designation:             Regional Landscape and Rural Production
 Planning scheme:         The Noosa Plan 2020
 Zone:                    Rural Zone
 Level of assessment:     Caretaker’s accommodation:
                          Code assessment pursuant to Table of Assessment 5.5.13 Rural
                           if on a site at least 20 hectares in area
                          Dwelling house:
                          Code assessment as not complying with some requirements outlined
                          for Acceptable development.
 Applicable overlays:     Agricultural Land Conservation Area
 Applicable codes:        Caretaker’s accommodation:
                          Rural Zone Code
                          Caretaker’s and Rural Worker’s Accommodation Dwelling Unit Code
                          Works Codes
                          Dwelling house:
                          Rural Zone Code – AO2.4, AO8.5, AO15.2 & AO15.3
                          Low Density housing Code – AO14.1, AO21 & AO22




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2.0 Site details

2.1 Site description
Table 1: Site description

 Site characteristic                                              Description

 Existing land use          Dwelling & farm sheds and rural enterprises (cattle breeding and poultry)

 Access                     Caretaker’s accommodation
                            Existing access from Lawnville Road
                            Dwelling house
                            Proposed access from Cooroy Belli Creek Road.
 Topography and views Caretaker’s accommodation
                      Existing building reused as the Caretaker’s accommodation located on a
                      ridge near Lawnville Road.
                      Dwelling house
                      Proposed on a ridge with views over subject property. The land hilly
                      traversed by a number of gullies and drainage lines as clearly depicted
                      below in Figure 1.




                            Figure 1 - Indication of topography


 Easements                  Nil




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                                           Figure 2 - Aerial view and site identification




 Figure 3 - Specific site identification. Small circle is proposed reused building for caretaker's accommodation and larger circle
                                                         proposed dwelling house



2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

 The site is generally surrounded by smaller rural zoned land parcels with the subject site being the
 largest land holding in the nearby area. Some of the surrounding land is heavily treed and some
 pasture. No significant rural activities are undertaken on these sites given the small size of the
 holdings. The subject land has approximately 1.2km of Lawnville Road frontage and approximately
 280m of frontage to Cooroy Belli Creek Road.




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3.0 Proposed development details
The applicant seeks to reuse the existing dwelling house for a Caretaker’s accommodation and
construct a new dwelling house across the other side of the lot, with access via Cooroy Belli Creek
Road. The Caretaker’s accommodation and Dwelling house have the following features:

•   Caretaker’s accommodation is:
         o the reuse of an existing cottage;
         o 106m² of gross floor area;
         o for a family that manages the poultry (maximum of 1,000 chickens MCU14/0028) and
             livestock breeding activities on site; and
         o required for 24 hour security given the large land holding.
•   Dwelling house:
         o is single storey;
         o is well articulated;
         o uses of a range of external finishes that blend with the natural environment; and
         o used for permanent residential occupation.
•   Both uses are outside protected vegetation and riparian buffer areas.

The proposed Caretaker’s accommodation is the reuse of an existing dwelling which has appropriate
water and proposes a new effluent disposal area. The Plumbing and Drainage Act 2003 sets outs
requirements for on-site effluent treatment and disposal and can be conditioned appropriately. A
copy of the proposed plans are included with the application. Figure 4 and Figure 5 show the floor
layout of the Caretaker’s accommodation and an elevation of the proposed Dwelling house.




                                Figure 4 - Caretaker's accommodation layout.




                                     Figure 5 - Dwelling house elevation




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4.0 Planning assessment
An assessment against the relevant Planning Scheme provisions is provided below.


4.1 Caretakers accommodation
Caretaker Use
The proposal involves the reuse of the existing 106m² house as a Caretaker’s accommodation. The
following Acceptable outcomes and Performance outcome are relevant to the assessment.


Rural zone code

PO1
Land uses in the Rural zone are limited to those which are compatible with agriculture and the
protection of environmental and landscape values.


Caretaker’s accommodation, Dwelling unit and Rural Worker’s Accommodation Code


AO2.1
In the Rural zone, caretaker’s accommodation is:
    (a) located within 50 metres of the primary use of the site, for which the caretaker is responsible;
    (b) on a site with a minimum area of 20 hectares, accommodating an existing rural activity; or
    (c) the only residential use on a site accommodating a business activity, a community activity,
        an entertainment activity, an industry activity, an infrastructure activity or a recreation activity.
AO4.1
Caretaker’s accommodation is occupied by a person or persons having responsibility for the security,
maintenance or management of non-residential activities conducted on the same site.
AO4.6
Outside of an industrial zone neither a caretaker’s accommodation nor a dwelling unit has a gross
floor area exceeding 90m².
PO4
A caretaker’s accommodation, dwelling unit or rural workers' accommodation is ancillary to non-
residential activities on the same site.
AO6.7
Caretaker’s accommodation and rural workers' accommodation is separated by at least 150 metres
from:
    (a) the Resource Area/ Processing Area and operational area of any Key Resource Area;
    (b) any intensive animal industry;
    (c) any high impact industry.

The proposal fully complies with the relevant Acceptable outcomes and Performance outcomes
identified above for the following reasons:

    o   the Caretakers accommodation will be occupied by the manager of the rural enterprises that
        operate on the land;



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o   the land has an approval (MCU14/0028) for a poultry business to a maximum of 1,000
    chickens for egg production which is a significant agricultural use;

o   a manager is required onsite who is responsible for the 24hr care of livestock including the
    protection from predators (i.e. wild dogs) that attack the coups and young cattle;

o   the property is currently running a commercial cattle breeding operation and will increase
    carrying capacity to run higher value stud livestock;

o   the owner has already erected more than 2km of new fencing;

o   caretaker’s accommodation is a critical part of the salary package to attract the right farm
    manager;

o   the owner is maximising the use of the land with a slightly higher cattle stocking rate which
    requires to rotate cattle to different paddocks;

o   given the slightly higher cattle stocking rate, farm maintenance activities need attention.
    Noting the provision of livestock is still compliant with accepted development subject to
    requirements set out in the Rural Activities Code and the development approval;

o   the building is essential in maintaining the rural activity on site and has been used as a
    dwelling house for many years and is therefore not diminishing the agricultural production of
    the land but is enhancing its production by diversification and employing a manager to
    oversee, grow and operate the rural businesses;

o   although the Caretaker’s accommodation is a permanent structure within the ALCA, the
    structure exists and is ancillary to and essential to the farming activity on the land;

o   the Caretaker’s accommodation is less than 50m from the primary rural use, in fact the
    residence is within the land to which the manager operates the rural businesses;

o   the land is greater than 20ha and significant rural enterprises operate on the land;

o   the building exceeds the gross floor area indicated in AO4.6 of the Code. The building is
    being reused with minor renovations required to provide living space and privacy for a family,
    an office, storage and reception space for business purposes. Associated PO4 seeks that
    the accommodation is ancillary to the non-residential activity onsite. In this case, significant
    rural enterprises operate on the land and the small non-compliance of 16m² is considered
    insignificant on a 60,5525m² lot.

o   While the previous owners lived in the existing dwelling house and operated the poultry
    business and some cattle agistment, the new owners seek to live on the land without direct
    daily involvement in the rural enterprises which operate on site. As such, the Caretaker’s
    accommodation will house the manager of this business who will have 24 hour responsibility
    for the land, health and wellbeing of the animals and farm maintenance activities.




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4.2 Dwelling house

A new Dwelling house is proposed in the southwest corner of the property away from the rural
enterprises which operate on the land. The dwelling house triggers code assessment as the proposal
does not comply with the:
    o   Rural zone Code - AO2.4, AO8.5 and AO15.2; and
    o   Low Density Housing Code – AO14.1, AO21 and AO22.

An assessment of each matter and the relevant Performance outcome is provided below. Noting that
the assessment is to the extent of the relevant Performance outcome of the Acceptable outcome not
complied with.


4.2.1 Agricultural land Conservation Area
The dwelling house is sited within ALCA and the following provisions are relevant to the assessment.
PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land
Conservation Area.
PO8
Notwithstanding that intensive rural activities may need greater separation distances, buildings and
other structures are appropriately sited and designed to:
   (a) avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on
        amenity values, over and above what could reasonably be expected in the rural zone;
   (b) avoid adverse impact on ecologically important areas including National Parks,
        watercourses, and wetlands;
   (c) mitigate risks associated with the use of chemicals or air pollutants; and
   (d) avoid conflict with rural uses and activities on adjoining properties.


Assessment
The dwelling house and associated structures are 1,500m² and represent less than 1% (0.25%) of
the subject land area. When considered as a whole, it is an insignificant portion of the land which is
being removed from agricultural production. However, the owner, as described above in section 4.1,
is growing the agricultural activities on site and maximising the lands output. A farm manager will be
employed to operate the rural enterprises, which more than offsets 0.25% of land area taken up by
the dwelling house.

The owner of the land will occupy the dwelling and as such there will be no conflict with the rural
uses.




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4.2.2 Roof pitch on ridge lines
The proposal has a roof pitch of greater than 15 degrees and is sited on a ridge not complying with
AO15.2. The relevant Performance outcome is PO15 as provided below.

Sloping sites and ridgelines
PO15
The landscape character and visual amenity quality of hill slopes and ridgelines are retained and
buildings and structures:
    (a) are visually responsive to the natural topography of the site, sitting within the landscape
        rather than dominating it;
    (b) step down slopes or use suspended floor construction, minimising cut and fill and avoiding
        benching of the site;
    (c) allow for retention of natural vegetation that assists in screening or visually softening
        development; and
    (d) incorporate materials, finishes and colours that complement the natural setting and integrate
        with the landscape and skyline.


Assessment
Approximately half the roof exceeds the 15 degrees required by the Code. The proposal is
considered to fully comply with PO15 for the following reasons:
    •   It is unlikely the additional 5 degrees will be noticeable from a distance in a rural area.
    •   The dwelling is not rectangular in shape but articulated with an interesting roof form that has
        a variety of pitches and lines as demonstrated in Figure 6 below.
    •   While the dwelling is on a ridge, this part of the site is surrounded by vegetation which will
        screen the dwelling from neighbouring properties or only be seen from a distance.
    •   The dwelling will not dominate the landscape as it is a single storey building.
    •   Some cut and fill is required to a maximum of 3m with retaining walls constructed from
        natural materials which complement the surrounding environment. It is unlikely, given the
        rural area that these walls will be seen from the surrounding area.
    •   The dwelling, using a variety of natural external finishes, is designed to blend with,
        complement and sit nicely in the rural setting.




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Figure 6 - Articulated roof form.



4.2.3 Crossovers
The land proposes 2 crossovers, 1 existing on Lawnville Road and the other new one proposed
some 1.5km away off Cooroy Belli Creek Road and therefore does not comply with AO14.1 of the
Low Density Housing Code, which seeks only one crossover per lot. Noting that if this was an
Acceptable development subject to requirements for the dwelling house, an operational works
application would be required, however, given this is code assessment, the driveway is assessed as
part of this application. The relevant PO14 is provided below.


Driveway Location
PO14
Driveways and crossovers are located so they do not impede the safe and efficient use of the road
network.


Assessment
This is a large rural holding and the proposed second cross over is located on Cooroy Belli Creek
Road around 1.5km from the existing crossover on Lawnville Road. Figure 7 demonstrates there is
more than 100m of visibility in each direction from the proposed driveway (>95m required by the
ASNZ standards), as shown below in Figure 7.




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Figure 7 – Line of sight from new domestic property access



4.2.4 Fill
Fill extends beyond 3m around the main building and does not comply with AO21 of Low Density
Housing Code. The corresponding PO21 is provided below.


Earthworks and Drainage
PO21
Earthworks and drainage operational works do not directly, indirectly or cumulatively cause adverse
impacts external to the development site by:
   (a) causing ponding of water on the site or nearby land;
   (b) increasing flooding, which adversely affects the safety or use of any land upstream and
       downstream;
   (c) adversely affecting the flow of water in any overland flow path; and
    (d) adversely affecting the privacy or visual amenity of surrounding property.

Assessment
The proposal fully complies with PO21 for the following reasons:

•   The property is a large land holding and a significant distance from surrounding land with ample
    space to discharge and redirect stormwater to existing gullies without impacting on neighbouring
    properties;

•   Will not cause ponding on the site or nearby land as the natural slope of the land is towards the
    gullies on the land;

•   The redirected overland flow from around the dwelling will be naturally dispersed in the gullies
    as shown in Figure 8 below.




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•     The property does not flood.

•     Roof water will be discharged to a pit in an appropriate location then lawfully dispersed to the
      gully as assessed by the building certifier as part of the building approval.




Figure 8 - Overland flow path




5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.




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6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a Caretaker’s
accommodation and a Dwelling house situated at 317 Lawnville Road, Black Mountain. The
proposed development is code assessable and meets the relevant Acceptable and Performance
Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.




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