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Exemption Certificate Letter
27 June 2023
Attention: Development Services
Noosa Shire Council
Exemption Certificate Request
To Whom It May Concern,
Address: Lot 4, 24 King Parrot Lane Black Mountain QLD 4563
Lot and Plan: 4 RP 216712
Proposal: Building Work - Class 10 Structure (Shed)
I am writing to request an exemption certificate under Section 46 of the Planning Act 2016
for a proposed Building Work - Class 10 Structure at the above-mentioned property.
The proposed development requires code assessment under the Noosa Planning Scheme.
The table below details how the category of assessment and assessment benchmarks have
been determined.
Noosa Planning Category Assessment Assessment/Notes
Scheme Section of Benchmarks
Assessme
nt
5.4 Prescribed Level of NA NA No prescribed category of
Assessment assessment is applicable.
5.5 MCU NA NA No MCU is proposed.
5.6 ROL NA NA No ROL is proposed.
5.7 BW (Rural Zone) Accepted AO2.4, AO7, AO8, Assessment would be
development AO11, AO12, AO13, triggered due to being
subject to AO15 and AO16 of within the Agricultural
Carrying out BW not requirements the Rural Zone Land Conservation Area.
associated with a MCU if: Code.
a) Involving a
Dwelling house or AO2.1, AO3, AO15,
AO16, AO18 and
b) A Class 10 AO22 of the Low
Structure Density Housing
Code.
5.8 OPW NA NA No OPW is proposed.
5.9 Overlays The site is affected by the following overlays:
Biodiversity, Waterways NA NA Proposed BW not within
and Wetlands Overlay overlay
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Bushfire NA NA Proposed BW not within
overlay
Landslide Hazard NA NA Proposed BW not within
overlay
Regional Infrastructure NA NA BW is not listed, therefore
(Water Supply Buffer exempt.
Area)
Figure 1: Biodiversity Overlay – Proposed Shed outside of overlay
Figure 2: Bushfire Overlay - Proposed Shed outside of overlay
Page 3
Figure 3: Landslide Overlay - Proposed Shed outside of overlay
The exemption certificate is requested under the following section of the Planning Act 2016;
• Section 46 (3) (b) (i) - The effects of the development would be minor or
inconsequential, considering the circumstances under which the development
was categorised as assessable development.
The following reasons support this request:
• The application is triggered only due to the Agricultural Land Conservation Area
overlay and the cost of the full application is considered unnecessary.
• The site is already developed, so the land is already not protected due to the overlay.
• The shed is a minor extension to the existing site and is proposed to be in an
appropriate location on the site, outside of all the other overlays.
Rural Zone Code
AO2.4 Exemption Certificate request is for Agricultural Land Conservation Area.
AO7 7.1 – Building is not 2 storey
7.2 - Building height is 4.82m
7.3 – Shed is only 10*10m GFA.
7.4 – Does not exceed 12m
7.5 – Does not exceed 15m
7.6 – Does not exceed required height
AO8 8.1 – Not housing animals
8.2 – Surrounding zones are rural, not adjoining environmental management or
conservation zone and not within a waterway.
8.3 Setback more than 20m from the lane.
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8.4 – Not adjoining Environmental Management and Conservation Zone, and more
than 10m from road frontage.
8.5 – Exemption Certificate request is for Agricultural Land Conservation Area.
AO11 Proposed shed is not within the biodiversity overlay, so trees are not protected.
AO12 Designed so as to not impact overland flow. Site is not within Flood overlay.
AO13 Not adjoining major road network, Lake MacDonald or Noosa River.
AO15 Site is not on a sloping, ridgeline.
AO16 Proposed shed does not impact the Noosa Trail Network.
Low Density Housing Code
AO2.1 A removal home is not proposed.
AO3 A secondary dwelling is not proposed.
AO15 Appropriate water supply is provided. The dwelling house arrangement is
understood to comply and a new 18000L water tank is provided.
AO16 Site is not within the flood overlay.
AO18 Development is not within the prescribed distances for substations.
AO22 Proposed Shed is outside of the Landslide Overlay.
Given the above, it is considered appropriate that proposed development be issued with an
exemption certificate.
Yours Sincerely,
Lillian Lucas