Delegated Report - Code - Planning MCU21 0041

Author	Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0041
Applicant	Coastal Building Certifications Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	12 March 2021
Information Request Date	31 March 2021
Information Response Date	3 March 2022
Decision Due Date	22 August 2022
Report Completed Date	8 June 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	2 Lakeway Dr Cooroibah Qld 4565
RP Description	Lot 1 RP 107647
Land Area	14160m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject Acid Sulfate Soils -Above and Below 5mAHD Biodiversity and Waterways Overlay- Area Subject to Biodiversity Significance and Riparian Buffer Area Bushfire Hazard Overlay – High Potential Bushfire Intensity and Potential Impact Buffer Areas Flood Hazard Overlay – Flooding and Inundation Extent Landslide Hazard Overlay – Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house to be located in the Riparian Buffer Area.  The dwelling house is two storeys and consists of 4 bedrooms, 3 bathrooms, kitchen, living areas and an outdoor entertaining area that includes a lap pool.
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 1.41 ha and has frontage to Lakeway Drive along the southern boundary. The site is characterised by previously cleared areas and by native vegetation dominated by open forest species.
The site slopes from 11m AHD contour at the eastern side boundary down to 2m AHD at the eastern side boundary.
Surrounding Land Uses
Surrounding land uses are rural residential, low density residential / dwelling houses and Lake Cooroibah which located to the east of the subject 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;
Low Density Housing Code;
Works Codes;
Biodiversity and Flood Hazard Overlay Code
The subject site is located in Cooroibah 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	2 storeys 6.9 metres	
Site cover	30% max Individual buildings maximum 500m2	<30 % 373m2	
GFA	All buildings on site does not exceed 500m2	342m2	
Setbacks Frontage Side (east) Side (west) Rear	10 metres min 10 metres min 10 metres min 10 metres min	23 metres 38 metres 80+ metres 20 metres	

Flood Hazard Overlay
The subject site includes a Flooding and Inundation extent on the Lake Cooroibah side boundary as depicted in Figure 5 below.   The proposed dwelling has been sited outside the flooding and inundation extent area and therefore satisfies the requirements of the Flood Hazard Overlay Code.

Figure 5 - Flooding and Inundation extent
Biodiversity Overlay – (Assessment provided by Senior Environmental Planner)
The proposed development is located within the following relevant overlays and state mapping:
Biodiversity, Waterway and Wetlands Overlay
Area of Biodiversity Significance
MSES
Riparian Buffer Area
Bushfire Hazard Overlay
High Potential Bushfire Intensity
Potential Impact Buffer
Koala Habitat Areas mapping
Koala Priority Area
Core Koala Habitat Area
Biodiversity, Waterway and Wetland Overlay
The site is completely covered by the Biodiversity, Waterway and Wetland Overlay with regard to the Riparian Buffer area and there is significant vegetation on sites as per Figure 6.

Figure 6 – Biodiversity overlay
The application material details the proposed location of the development is within the most accessible part of the property with the least impact to vegetation and earthworks. The location of the house is positioned in precleared, relatively flat open grassland. The design of the house is two story to limit the footprint. The driveway size has been reduced with no requirement to remove vegetation. The size of the pool has also been reduced from the initial application size by five metres in length. As per the provided arborist report the building and pool will require the removal of one Eucalyptus territicornus and three Melaleuca leucadendra.
The applicant also attempted to connect the Unity Water sewerage system however that was denied by Unity Water. Therefore, they are proposing an AES effluent system that is located away from the lake and includes a pump system. The proposed location of the effluent system will require one tree to be removed being a Melaleuca leucadendra. Therefore, a total of five trees are proposed to be removed for the proposed development. It is noted that there is a pre-existing shed on the lot.

Rehabilitation
The applicant has submitted a rehabilitation plan and relevant conditions have been included to ensure rehabilitation does occur. Rehabilitation is required in the 20m area from the lake boundary (eastern boundary) as this creates a buffer between the development and the lake and also extends and enhances fauna movement around the lake.
Bushfire Hazard Overlay
The proposed development site is mapped as Bushfire Hazard Overlay (High Potential Bushfire Intensity and Potential Impact Buffer). Version 3 of the Bushfire Risk Assessment and Bushfire Risk Management Plan was provided and assessed the proposed dwelling is within a High Potential Bushfire Intensity mapped area. The Bushfire Attack Level BAL was deemed to be 12.5 for the south building elevations and BAL 19 for the north, east and west building elevations. The report detailed that no clearing of vegetation of significance required for bushfire mitigation measures. The report recommended the following items:
An asset protection zone with a minimum width of 21m is maintained.
The house is sited in a low hazard area in the lot and achieves a setback of 10 metres from any retained vegetation.
The premises to have a minimum water supply capacity of 5,000 litres dedicated for fire fighting purposes which is sourced from a separate tank, a reserve section in the bottom part of the main water supply tank, a swimming pool installed immediately upon construction or a permanent dam.
The building solution for all building elevations to address the Deemed to Satisfy requirements of Sections 3 and 5 of Australian Standard AS3959-2018 Construction of buildings in bushfire-prone areas.
The building to have a bushfire fuel free zone around the house.
The building be constructed with a minimum of lodgement points for burning debris; and
On-going maintenance of the building be conducted.

State Koala Mapping
The proposed development area is located within a State mapped Koala Priority Area but does not impact on core Koala Habitat Area therefore it is not prohibited development. As the proposed development is on land in a koala priority area, where the development does not interfere with koala habitat it must meet the assessment benchmarks stated in schedule 11, part 2 of the Planning Regulations 2017. The proposed development is proposing to remove five trees within the development area and is greater than 50m from Core Koala Habitat, it will not impede or impact Koala movement or access.
cONSULTATION
Referral Agencies
Not Applicable
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 are provided within the assessment section of this report.

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 MCU21/0041 for a Material Change of Use - Dwelling house situated at 2 Lakeway Dr Cooroibah Qld 4565 and described as Lot 1 RP 107647, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0041
Street address:	2 Lakeway Dr Cooroibah Qld 4565
Real property description:	Lot 1 RP 107647
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
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
20138A/100	D	Render, prepared by AK Building Design	18/05/2022
3692 DTM-B		Detail & Level Survey Plan, prepared by Eagle Surveys	27/07/2020
20138A/200	D	Proposed Locality Plan, prepared by AK Building Design	18/05/2022
20138A/201	D	Site Plan, prepared by AK Building Design	18/05/2022
20138A/202	D	Site Plan- Roof Drainage, prepared by AK Building Design	18/05/2022
20138A/300	D	Ground Floor Plan, prepared by AK Building Design	18/05/2022
20138A/304	D	First Floor Plan, prepared by AK Building Design	18/05/2022
20138A/400	D	West Elevation, prepared by AK Building Design	18/05/2022
20138A/401	D	East Elevation, prepared by AK Building Design	18/05/2022
20138A/402	D	South Elevation, prepared by AK Building Design	18/05/2022
20138A/403	D	North Elevation, prepared by AK Building Design	18/05/2022
20138A/600	D	Section A – 300/304, prepared by AK Building Design	18/05/2022
20138A/601	D	Section B – 300/304, prepared by AK Building Design	18/05/2022
20138A/602	D	Section C – 300/304, prepared by AK Building Design	18/05/2022
		Proposed Locality Plan – Rehabilitation areas as provided by Dean White	15/05/2022
Currency Period
This development approval lapses if the use has not happened by 8 June 2028, 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 approval of Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval (specifically rehabilitation) 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.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
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.

Effluent Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*, located generally as per the approved site plan.
*(Refer to Advisory Note)
PRIOR TO COMMENCEMENT OF WORKS
Vegetation Clearing
All vegetation removal works must be carried out in accordance with the approved report Proposed Changes with Newly Planned Position of Septic listed within this Decision Notice.
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
Fauna or fauna habitat relating to approved tree clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Retention of Existing Trees
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
All existing trees on site and in the road reserve must be retained with the exception of 5 trees as indicated in the Proposed Changes with Newly Planned Position of Septic (addendum to Arboricultural Report and Tree Protection Methodology/Plan, prepared by Australian Tree Contractors & Arboricultural Consultants (June 2021) provided 4 March 2022.
The trees identified for retention must be maintained in good health for the life of the tree.
Land Rehabilitation
Rehabilitation Works must be undertaken in accordance with Planning Scheme Policy PSP2 - Landscaping.  Rehabilitation works are to be within the area identified in yellow within the approved Site Plan supplied on 15 May 2022.  Rehabilitation must include the following:
plant species must be a species mix and density reflective of the local variant of the Regional coastal Ecosystem;
75mm tube stock (pot size) plants;
minimum of 20 trees;
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Rehabilitation works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
*(Refer to Advisory Notes)
Rehabilitation must be undertaken prior to or immediately following completion of the building works that required the clearing.
A completion and success report must be submitted to Council 12 months following the completion of planting that demonstrates the requirements of the rehabilitation plan and this decision notice have been met. Include photographs and specifics relating to Condition 18.
Bushfire Management
The development must be carried out in accordance with the Bushfire Risk Assessment and Bushfire Risk Management Plan, Rev 3 dated 12 May 2022 prepared by Ecological Natural Area Management.
*(Refer to Advisory Note)
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
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:
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
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. 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.

Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.
Qualified Person
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:
Undertaking rehabilitation construction and establishment works is considered to be a person with five years current experience in revegetation and regeneration.
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Preparing certification and managing declared plant pests, is considered to be:
a landscape architect with a minimum of 3 years current experience in the field of pest plant management;
a botanist or ecologist with a minimum of 3 years current experience in the field of pest plant management;
an environmental consultant with a minimum of 3 years current experience in the field of pest plant management.
For the purpose of preparing a Bushfire Management Plan, and 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.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.

property notes
MCU21/0041 – No Clearing Zone
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval MCU21/0041.
MCU21/0041 – 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 conditions of Council Approval MCU21/0041 and associated Operational Work approvals.
MCU21/0041 – Control of Domestic Cats
Domestic cats are permitted on the property provided that they are permanently confined within buildings and/or cat enclosures. This requirement is designed to protect lower canopy and ground nesting and feeding birds which occur proximate to the site.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
Development Permit for Plumbing Works	Effluent Disposal
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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PROPOSED POOL

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