Delegated Report - Code - Planning MCU21 0031

Author	Nick Cooper (external planner)
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0031
Applicant	Puk Bjorn Scivyer
Proposal	Material Change of Use - Dwelling house
Properly Made Date	17 May 2021
Information Request Date	2 June 2021
Information Response Date	15 June 2021
Decision Due Date	21 July 2021
Report Completed Date	16 July 2021
Report Reviewed By	Patrick Murphy 16.07.2021

PROPERTY DETAILS
Property Address	497 Black Mountain Rd Black Mountain Qld 4563
RP Description	Lot 7 RP 838780
Land Area	31,320m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay - Agricultural Land Conservation Area Biodiversity Overlay – Area of Biodiversity significance and MSES Environmental Values Bushfire Hazard – Medium Potential and Potential Impact Buffer Landslide Hazard Area – Moderate and High Hazard Area Regional Infrastructure Overlay – Major Transmission Line Corridor and Major Electricity Transmission Buffer, Water Resource Catchment Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house (Secondary Dwelling).  The proposal is to transport an existing dwelling to be established in the north-eastern section of the subject site to be utilised as a secondary dwelling. The secondary dwelling comprises 2 bedrooms, toilet, a bathroom/laundry and open plan kitchen and living area and has a gross floor area of 65m2. In addition, there is an outdoor verandah and deck containing 50.7m2. The dwelling will be provided with an effluent disposal system and a rainwater tank.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Elevations

site details
Site Description
The subject site is situated at 497 Black Mountain Road, Black Mountain and is described as Lot 7 RP 838780. The site has an area of 31,296m2. The subject site is a large rural lot with an easement for electricity infrastructure as shown in Figure 1. The site contains an existing dwelling house located at the front of the site surrounding by existing vegetation. The majority of the site is undeveloped and clear of vegetation.
Surrounding Land Uses
As demonstrated in figure 1 the site is surrounded by similar large rural properties, containing dwelling houses and heavily vegetated.
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 Zone Code;
Low Density Housing Code;
Regional Infrastructure Overlay Code

Note - The proposed secondary dwelling is not located in the mapped MSES or Area of biodiversity significance. The Biodiversity, Waterways and Wetlands overlay is therefore not applicable. The proposed secondary dwelling and driveway is not located within the Landslide hazard area and therefore the relevant codes are not applicable.
The subject site is located in Black Mountain and is zoned Rural.  The proposed use is identified as 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 storeys Approx. 7 metres	
Site cover	40% max	< 40 %	
Secondary Dwelling Gross floor area	65 m² max	65m²	
Setbacks Frontage Side ALCA Land 30 metres from a transmission line easement	10 metres min 10 metres min 200 metres min 30 metres	17 metres 10 metres 10 metres 27.9 metres	X X

Setbacks
ALCA
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The proposal is setback 10m from the side boundary and the ALCA on adjacent land. Performance Outcome PO2 is corresponding PO and is addressed below.

PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.

While the proposal is located only 10m from the boundary and adjoining ALCA, the adjacent land is cleared and maintained (slashed) however there is no evidence of agricultural activities on the land.  The subject lot and the neighbouring properties all include dwellings within 200m of the ALCA land therefore it is unlikely that the proposed location of the secondary dwelling will have any diminishing impact the designated ALCA as the land is already surrounded by sensitive uses. It is unlikely that any expansion of the agricultural use would be undertaken in this area being so close to the existing dwelling house on the neighbouring land.

Given the above, it is unlikely the Secondary Dwelling’s proposed location will dimmish the productiveness of ALCA the development is considered to comply with both PO2 of the Rural zone code.

Transmission Easement
The Low Density Residential code seeks a setback of 30m from a Transmission line easement.  The Regional Infrastructure Overlay Code also requires a 30m setback from a transmission line easement.  The proposal is setback 27m and therefore for assessment against PO18 of the Low Density Residential Code & PO3 of the Regional Infrastructure Overlay Code is provided below.

PO18
Development is sufficiently separated from major electricity infrastructure and substations to minimise the likelihood of nuisance or complaint.

PO3
Development involving a sensitive land use is sufficiently separated from major electricity infrastructure and substations to minimise the likelihood of nuisance or complaint.

The secondary dwelling is setback 27.9m from the transmission line easement. The proposed secondary dwelling is setback greater than 58m (approx.) from the overhead lines. The proposed siting of the secondary dwelling provides adequate separation and does not compromise the operation of the electricity infrastructure. Compliance is therefore achieved with PO18 & PO3.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Department – Conditions have been recommended for inclusion.

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 MCU21/0031  for a Material Change of Use - Dwelling house situated at 497 Black Mountain Rd Black Mountain Qld 4563 and described as Lot 7 RP 838780, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0031
Street address:	497 Black Mountain Rd Black Mountain Qld 4563
Real property description:	Lot 7 RP 838780
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 (Secondary Dwelling)
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
21038.01 Sheet 1	D	Site Plan Proposed Secondary Dwelling Overall, prepared by Project Urban	04.05.21
21038.01 Sheet 4	D	Site Plan Driveway Longsections, prepared by Project Urban	04.05.21
2020788 Sheet 3	-	Floor Plan, prepared by David Wright  House Removers and Demolition.	26.10.20
21038.02 Sheet 1 of 2	-	Proposed Secondary Dwelling Elevations, prepared by Project Urban	20.05.21
21038.02 Sheet 2 of 2	-	Proposed Secondary Dwelling Elevations, prepared by Project Urban	20.50.21
Currency Period
This development approval lapses if the use has not happened by 16 July 2027, unless an application to extend the currency period is approved by Council.
One Household Only
The premises must be used in accordance with The Noosa Plan definitions for a Dwelling House and must be for the exclusive use of one household only.
The premises must not be used as Multiple Dwelling and/or Short-term Accommodation or any other residential use as defined by The Noosa Plan, except a Dwelling House.
Site Access and Driveways
A suitably engineered access driveway must be provided from the existing formation in the access easement B on RP838780 to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
Plans prepared by a RPEQ (Registered Professional Engineer of Queensland) which include, but are not limited to: suitable surfacing; drainage; and long-term stabilisation of the infrastructure.
Water Supply
The dwelling house and secondary dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use.

Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Where the development involves excavation or filling over, or adjacent to, drainage, water supply or sewerage infrastructure, all access chamber surface levels must be adjusted to provide a freeboard of 100mm above the finished ground surface level.
Any retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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
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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes

property notes
Not applicable.
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	Driveway Crossover
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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