Reasons for Exemption EXE22 0003

REASONS FOR EXEMPTION
Author	Graduate Development Planner, Maxwell Potter
Development Assessment
Application No EXE22/0003

details
The proposal is for a secondary dwelling to be located on a property over 2 hectares in area and within a distance of 200 metres and land on an adjacent rural zone property over 4 hectares in mapped Agricultural Land Conservation Area.
The Planning Act 2016 allows exemption certificates to be issued where ‘the development was categorised as assessable development because of an error’. Acceptable Outcome AO8.5 of the Rural Zone Code includes an error in that on properties a distance of not less than 200 metres is provided between a ‘sensitive land use’ and land on an adjacent rural zone property over 4 hectares in mapped Agricultural Land Conservation Area, and should instead read ‘unless a sensitive land use is already established’.
In this instance a sensitive land use has already been established and therefore should comply with Acceptable Outcome AO8.5 of the Rural Zone Code.
plans / documents
The plan included in this appraisal are listed in the following table:
Plan No.	Rev.	Plan/Document Name	Date
RUM-001	.	Site Plan, prepared by David Wright	09/11/2021
RUM-002	.	Existing Floor Plan, prepared by David Wright	09/11/2021
RUM-003	.	Proposed Floor Plan, prepared by David Wright	09/11/2021
RUM-004	.	Elevations, prepared by David Wright	09/11/2021
RUM-005	.	Elevations, prepared by David Wright	09/11/2021
RUM-001	.	Section, prepared by David Wright	09/11/2021
Should the plans listed above be altered or amended, the advice included in this memo is no longer applicable.
commentary
Council determined that the proposal was exempt for the following reasons:
A dwelling house currently exists on the property and therefore a sensitive land use has already been established.
The applicant provided a Bushfire Management Report prepared by Aquila NRM and dated February 2022, which states no vegetation is to be removed for the secondary dwelling to achieve a suitable BAL rating.
The proposal is compliant with all other requirements of Noosa Plan 2020.

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