Delegated Report - Code - Planning MCU21 0134

Author	Consultant Planner
Assessment Manger, Lisa Pienaar 	Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0134
Applicant	Michelle Renee Huntley-Walker
Proposal	Material Change of Use - Dwelling house and Class 10a buildings
Properly Made Date	9 August 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	24 November 2021
Report Completed Date	24 November 2021
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	64 Reserve St Pomona Qld 4568
RP Description	Lot 189 MCH 1261
Land Area	15870 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetland Overlay - Area of Environmental Significance and Riparian Buffer area Flood Hazard overlay Koala Priority Area & Koala Habitat Area Bushfire Hazard Overlay – Hight Potential Bushfire Intensity
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.  The dwelling house is to be sited within the western extent of the site and will comprise of 4 bedrooms, dining, kitchen, study, living, theatre laundry, bathrooms and double car garage.  The proposal also includes a 7m x 10m outbuilding (shed) to be located adjacent to the dwelling house and a 4m x 10m outbuilding (workshop) to be located forward of the dwelling.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site area is 1.58ha and has frontage to Reserve Street along the western boundary. The majority of the site is characterised by native vegetation dominated by open forest species.
The site has a small slope from west to east through the site with gradual slopes of approximately 1º.
Surrounding Land Uses
The surrounding land uses include rural and rural residential properties in the immediate vicinity with the township of Pomona north of the site.
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:
Rural Residential Zone Code;
Works Codes;
Biodiversity, Waterways and Wetlands overlay Code;
Bushfire Hazard Overlay Code.
The subject site is located in Pomona and is zoned Rural Residential. 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 and 9m to the pitch of the roof	1 storey 2.75 metres	
Site cover	30% max Individual buildings maximum 500m2	<30 % 313m2	
GFA	All buildings on site does not exceed 500m2	Approx. 250m2	
Setbacks Frontage Side (north) Side (south) Rear	10 metres min 10 metres min 10 metres min 10 metres min	25 metres 45 metres 29 metres 95 metres	

Bushfire Hazard Overlay Code
The site is identified as High Potential Bushfire hazard under the Bushfire Hazard Overlay.  The applicant has submitted a bushfire management plan prepared by North Coast Environmental Services. The report recommends the proposed works are provided with a minimum 17.9m setback to the VHC 8.1 vegetation to the north, south and east, and a minimum 11.7m setback to the VHC 9.1 to the west to achieve an acceptable level of risk under the State Planning Policy. The extent of the recommended Asset Protection Zone is detailed in plan BAL02 – Separation Requirements in Figure 5 below.

Figure 5 – Asset Protection Zone – extent of clearing
The Bushfire Overlay Code Acceptable outcome AO7 seeks a BAL of 29 as per AS3959:2018 Construction of buildings in bushfire-prone areas. The applicant has provided the required extent of clearing for bushfire purposes which is between 17.9m and 11.7m around the dwelling house to achieve this rating. This extent of clearing provides a BAL 29, therefore the proposal meets Performance outcome PO7 of the Bushfire Overlay Code as the proposal minimises bushfire risk to people and property. The development will be conditioned to accord with the recommendations of this report.

Biodiversity, Waterway and Wetlands Overlay Code
The site is identified as situated within the Biodiversity, Waterway and Wetlands overlay – Area of Biodiversity Significance and Riparian Buffer.  The structures are to be located within these areas and the applicant proposes clearing of vegetation in order to site the buildings and to provide an Asset Protection Zone for bushfire purposes.  The site is heavily vegetated with classifications of Wet Eucalypt tall open forest and moist to dry eucalypt open forest on coastal low land ranges.  A photo of the typical vegetation is provided within Figure 6 below.

Figure 6 Vegetation onsite
The riparian buffer covers the majority of the site and proposed structures are not able to be located outside of this area, given the flood hazard area to the north and a power line running north to south along the western boundary. Given the combined constraints the location of the structures is in a logical and practical location.
It is considered that the proposal complies with the Performance Outcomes of the Biodiversity Code as the structures are sited minimising the extent of clearing of vegetation.   Councils Senior Environmental Officer has recommended rehabilitation conditions of the existing waterway to meet Acceptable outcome AO6.2 of the Code and therefore meeting the corresponding Performance outcome.  The following is noted by the Senior Environment officer ‘The development is sited where clearing of vegetation cannot be practically avoided therefore conditions are proposed to conserve and improve the riparian buffer in particular the creek line by requiring planting of native species’.
Additional assessment of the proposal including the Koala Habitat requirements has been provided by Councils Senior Environmental Officer within the Internal referrals section of this report.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) - State transport corridors and future State transport corridor.
The Department has responded advising that conditions be included as part of the development approval to ensure vehicle access does not compromise safety of the state controlled road network.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environmental Officer – conditions are recommended and comments provided as follows:
The proposed application site has the following relevant overlays:
Biodiversity Overlay
Riparian Overlay
Koala Priority Area
Koala Habitat Area
Bushfire Hazard Overlay
The Planning Regulation 2017 Part 10 details Koala Habitat in SEQ region with a requirement that any development is prohibited development if it is within Koala Priority and Habitat Areas unless it meets the exemptions. The applicant had a pre-lodgement meeting with SARA and provided detailed information on how the application meets the exemptions. The application material states they meet the following exemptions under the Planning Regulation 2017 Schedule 24 sections:
(k) being total area on the premises of 500m2 or less of 1 or more koala habitat areas being cleared;
(l)(iii) development that is or involves an OPW that is clearing of vegetation up to 500m2 for non-linear infrastructure; and
(n)(vii) development that is or involves operational works that is the clearing of native vegetation in a koala habitat area if the clearing is necessary for essential management and is qualifying clearing.
The clearing under exemptions (k) and (l)(iii) totals less than 1000m2 and meets the exemptions requirements. The applicant is also utilising exemption (n)(vii) to clear for necessary essential management due to the site having the Bushfire Hazard Overlay (High Potential Bushfire Intensity). A Bushfire Management Plan was provided which details the Asset Protection Zone setback requirements with 17.9m to the North, South and East and 11.7m to the West. The proposed setbacks are within the exemptions requirements of 20m or 1.5 times the height of the tallest tree and cover the entire area of the proposed development.
The Biodiversity, Waterways and Wetlands Overlay Code covers the majority of the site with a significant portion being covered by the Riparian Buffer Overlay.  The purpose and outcomes of this overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity. Performance outcomes and acceptable outcomes relating in particular to this application is PO1 and AO1.1, PO3 and AO3.1 and AO3.2, PO5 and AO5, PO6 and AO62. The development is sited where clearing of vegetation cannot be practically avoided therefore conditions are proposed to conserve and improve the riparian buffer in particular the creek line by requiring planting of native species. The location of the development is within the least sensitive area on site and located to avoid removal of large Eucalyptus species.
Relevant conditions have been included.
conclusion & reasons for decision
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 MCU21/0134 for a Material Change of Use - Dwelling house and associated Class 10a buildings situated at 64 Reserve St Pomona and described as Lot 189 MCH 1261, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0134
Street address:	64 Reserve St Pomona Qld 4568
Real property description:	Lot 189 MCH 1261
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house, Class 10a buildings
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
	-	Site Plan, prepared by the applicant	15/11/2021
9321-ZAR 2B	-	Ground Floor Plan – House, prepared by Plantation Homes	11/08/2020
3A	-	Elevations, prepared by Planation Homes	11/08/2021
3B	-	Sections / Elevations, prepared by Plantation Homes	11/08/2021
318555	-	Shed Plans, prepared by Steeline Roofin Spot Sunshine Coast	13/08/2021
318557	-	Shed Plans, prepared by Steeline Roofin Spot Sunshine Coast	13/08/2021
Currency Period
This development approval lapses if the use has not happened by 24 November 2027, unless an application to extend the currency period is approved by Council.
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, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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.
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards.
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring.
Vegetation Retention
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A “no clearing zone” must be established and maintained over the land area identified as outside of the asset protection zone detailed within the approved Bushfire Management Plan. The following activities must not be carried out within the ‘no clearing zone’:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council;
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council;
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Vegetation Removal
Vegetation removal must be supervised and undertaken in accordance with the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021.
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Prior to commencement of use, a suitably qualified* person must certify compliance of approved vegetation removal as per Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021*.
*(Refer to Advisory Note)
Riparian Buffer Landscaping Works
Provide a Rehabilitation Landscaping works plan for the development prepared by a suitably qualified person as part of an Operational Works application, including the following minimum specifications:
Rehabilitation of the Riparian Buffer area extending a minimum width of 10m from the western side of the creek bank for the full length of the creek on the subject property, to achieve the floristic composition of Regional Ecosystem 12.3.2/12.3.1/12.3.11;
Landscape planting specifications in accordance with Landscaping Code and PSP2 Landscaping;
A planting schedule of suitably locally occurring species, plant numbers and locations, reflective of the Regional Ecosystem 12.3.2/12.3.1/12.3.11;
Control of all environmental weeds of the site in accordance with best industry practice for environmental rehabilitation which does not result in bed or bank instability;
Avoid undesirable plant species identified in PSP2 Landscaping;
Planting densities must result in a stable channel over the long term and minimal potential for pest plant species.
Fauna Management
A qualified person* must be engaged to manage fauna prior during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Fencing
Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement of fauna.  Such fencing must:
allow adequate clearance at ground level for local macropods;
not include any use of barbed wire or similar materials;
provide regular opportunities for passage over and through;
be agreed by Council.
Bushfire Management
The development must be carried out in accordance with the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021.
In accordance with the approved report Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021 an asset protection zone must be maintained on the site which is kept free of:
grass understoreys;
shrubs and small trees;
large trees that have continuous or overlapping canopies with other large trees;
trees that overhang dwellings or structures;
dead branches and loose bark; and
woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
A copy of the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 2021 must be provided to the nearest fire authority.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

	State Assessment and Referral Agency (SARA)	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4, Item 1 (10.9.4.2.4.1) - State transport corridors and future State transport corridors	The agency provided its response on 26/10/2021 (Reference No. TMR21-034248. A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Qualified Person
Qualified Person, for the purpose of:
A Bushfire Management Plan for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Standard Drawing
Councils standard drawing for a rural crossover RS-056 (and associated addendums) can be found on Councils website or by following this link: https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/standard-drawings

referenced documents
Plan No.	Rev.	Plan/Document Name	Date
J000953	1	Bushfire Management Plan – prepared by North Coast Environmental Services	11/11/2021

property notes
MCU21/0134 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management plan and conditions of Council Approval MCU21/0134 and any associated Operational Work approvals.
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	Rehabilitation Landscaping works
Development Permit for Building Works	All building work.
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.

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