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Development Assessment Report - 24 Eucalypt Way, Cootharaba · 151999.982601.3

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Minor Change to Development Permit 151999.982601


              Oly Homes
         24 Eucalypt Way, Cootharaba
                          Lot 19 on SP152355


          260209
May 26
Full text of the other 14 pages

Page 2

Preliminary
This Development Assessment Report is prepared by URBN Town Planning Pty Ltd (hereafter
URBN Town Planning) for and on behalf of the applicant(s) Oly Homes.


It is requested that all application correspondence is issued to the Oly Homes care of URBN Town
Planning.


Company Details
URBN Town Planning Pty Ltd
PO Box 81 Buderim, Queensland, 4556


Phone: 0475 399 720
Email: [email protected]




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Page 3

Contents
1.             Application Summary ............................................................................................................................. 3

2.             Introduction ................................................................................................................................................ 4

3.             Subject Site ................................................................................................................................................. 5

4.             Proposed Development ......................................................................................................................... 6

5.             State Government Planning Interests ............................................................................................. 8

6.             Legislative Context and Assessment of Development Application ..................................... 8

     6.1       Application Assessment .....................................................................................................................................9

     6.2       Sections 6.2.1 to 6.2.7 - Dwelling Houses, Relative’s Apartments and Caretaker’s
     Residences ...........................................................................................................................................................................9

         6.2.1           Section 8.10.1 Division 10 – Building Setbacks ......................................................................... 10

     6.3       Changes to Conditions .................................................................................................................................... 10

7.             Conclusion ................................................................................................................................................14



Figures
Figure 1 Subject Site (Source: Noosa Council) .......................................................................................................5
Figure 2 Site Plan (Source: Oly Homes) .....................................................................................................................6
Figure 3 Floor Plan (Source: Oly Homes) ...................................................................................................................7
Figure 4 Elevations (Source: Oly Homes) ..................................................................................................................7
Figure 5 Approved Building Envelope (Source: map provided by Noosa Council)............................ 11
Figure 6 Location of proposed structure in relation to approved building envelope (Source:
Neamap, annotated by URBN Town Planning) ................................................................................................... 12


Tables
Table 1 Application Summary .........................................................................................................................................3
Table 2 Assessment against sections 6.2.1 to 6.2.7 of the planning scheme ...........................................9
Table 3 Assessment against section 8.10.1 of the planning scheme ........................................................ 10




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1.      Application Summary

Table 1 provides an overview of the development site, planning scheme and application details.


Table 1 Application Summary

     Site Details

     Address                          24 Eucalypt Way, Cootharaba
     Formal Land Reference            Lot 19 on SP152355
     Land Area                        2.164ha
     Local Government                 Noosa Shire Council

     Planning Scheme Particulars

     Planning Scheme                  Shire of Noosa Planning Scheme 1990
     Local Plan/ Neighbourhood Plan   Not Applicable
     Zone                             Rural Pursuits

     Application Details

     Applicant                        Oly Homes
     Application Elements             Minor Change to Development Permit
     Level of Assessment              Not applicable
     Referrals                        No Application Referrals




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2.      Introduction

This Development Assessment Report has been prepared in support of an application for a Minor
Change to Development Permit 151999.982601, which was approved by Council on 28 February
2002.


The Development Permit was for Reconfiguration of a Lot. The subject site comprises Lot 19 of
the approved subdivision. The development permit includes a condition requiring that all
buildings on the site be contained within the nominated building envelope, shown on the
approved plans. The applicant proposes to establish an ancillary secondary dwelling on the site,
located slightly outside the building envelope established as part of the Reconfiguring a lot
approval.


A dwelling house was established on the site in 2003. As such, the site contains lawfully
established existing use rights for a Dwelling House, as defined in the 1990 planning scheme,
which includes ‘such outbuildings as are incidental to and necessarily associated with a dwelling
house’. The existing use rights extend to the proposed ancillary secondary dwelling, which is not
considered to constitute a Material Change of Use, given it is a modest extension of the existing
Dwelling House use on the site.


New structures on the site remain subject to the conditions the Reconfiguring a Lot approval. As
a result, the proposed secondary dwelling triggers a Minor Change to the Reconfiguring a Lot
approval due to its location slightly outside the approved building envelope.


This Development Assessment Report will describe the site characteristics and provide an
assessment against the applicable Assessment Benchmarks of the Planning Scheme. This
Development Assessment Report is to be considered with the following supporting material.


        Attachment 1       Proposal Plans, prepared by Oly Homes
        Attachment 2       Flood Information Certificate, issued by Noosa Council
        Attachment 3       Neighbours Consent


This Development Application is made in accordance with the process and controls contained
within Planning Act 2016, as well as all subordinate legislation including the Planning Regulation
2017 and the Development Assessment Rules.




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3.     Subject Site

The subject site is located at 24 Eucalypt Way, Cootharaba, which is formally described as Lot 19
on SP152355. The subject site is a rear lot, with total land area of 2.1586 hectares and a 10m wide
access handle connecting to Eucalypt Way.


The site is currently improved by a dwelling house and a number of sheds and outbuildings,
located in the southern part of the site near the dwelling house. The site is largely flat and contains
a large dam and some mature vegetation in the northern part of the property.


As shown in Figure 1 below, the site contains ample cleared, unconstrained area for establishing
a secondary dwelling on the site.




Figure 1 Subject Site (Source: Noosa Council)




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4.     Proposed Development

This Minor Change Application is intended to facilitate the establishment of an ancillary
secondary dwelling (106m2 gross floor area) adjacent to the existing Dwelling House (3.4m
separation). For the purposes of the 1990 planning scheme the proposed ancillary secondary
dwelling is considered to constitute an outbuilding that is incidental and necessarily associated
with the Dwelling House.


Figure 2 below demonstrates the location of the secondary dwelling as being located 3.4 metres
From the existing dwelling, 10m from the western side boundary and 55.5m from the southern
boundary.




Figure 2 Site Plan (Source: Oly Homes)



The proposed secondary dwelling is a single‑storey, 2‑bedroom modular home positioned
immediately adjacent to the existing primary dwelling on its western side. It has a simple
low‑profile roof form, Weathertex/Colorbond cladding, and an attached deck with walkway
ramps, presenting as a small, subordinate rural outbuilding that sits unobtrusively within the large
2.16 ha site. The proposed secondary dwelling has a maximum height of 3.744 above existing
ground level, which satisfies the minimum FFL as per Council’s Flood Information Certificate
(Attachment 2).

The secondary dwelling will utilise the existing driveway.


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Page 8

Figure 3 Floor Plan (Source: Oly Homes)




Figure 4 Elevations (Source: Oly Homes)




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5.       State Government Planning Interests

The original Reconfiguration a Lot Approval (Council Reference: 151999.982601) did not trigger
referral to any Concurrence or Advice Agencies. Accordingly, the development application is not
required to be referred to SARA in accordance with the requirements of the Section 79 of the
Planning Regulation 2017.



6.       Legislative Context and Assessment of Development Application

This Change to a Development Permit is lodged in accordance with Section 78 and 79 of the
Planning Act 2016.


It is our view that the proposed development satisfies the definition of a ‘Minor Change’ in
accordance with the definitions of Schedule 2 of the Planning Act 2016, on the following basis:
     -    The development would not, as a result of the change, result in prohibited development,
          or require further referral to a referral agency; or,
     -    The change to the development in would not trigger the need for public notification.


The proposed development will not result in ‘Substantially Different Development’ as defined
within Schedule 1 of the Development Assessment Rules, with the development not resulting in:
     -    The introduction of a new use, or apply to a new parcel of land;
     -    A dramatic change to the built form in terms of scale, bulk and appearance, noting that
          only a small ancillary secondary dwelling is proposed in close proximity to the existing
          Dwelling House on Lot 19, with compliant setbacks;
     -    The removal of a component that is integral to the operation of the development; and,
     -    Impacts to road or service infrastructure or result in new impacts or increase the severity
          of known impacts.


In accordance with Schedule 81 of the Planning Act 2016, the application is to be assessed
against the planning scheme that was in effect of the time the originating development
application was lodged, being the Shire of Noosa Planning Scheme 1990.


Section 6.1 below will undertake an assessment against the Shire of Noosa Planning Scheme
1990.




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6.1        Application Assessment
The original application was assessed against the Shire of Noosa Planning Scheme 1990.


In assessing this Minor Change application, the proposed building envelope adjustment to
accommodate a secondary dwelling requires consideration against the following development
requirements:
      1.    Sections 6.2.1 to 6.2.7 Dwelling Houses, Relative’s Apartments and Caretaker’s
            Residences; and,
      2.    Section 8.10.1 – Building Setbacks


The proposed secondary dwelling also requires consideration against the conditions of the
Reconfiguration a Lot Approval (Council Reference - 151999.982601), which is detailed in Section
6.3 of this Development Assessment Report below.


6.2        Sections 6.2.1 to 6.2.7 - Dwelling Houses, Relative’s Apartments and Caretaker’s
           Residences
An assessment against requirements of Sections 6.2.1 to 6.2.7 of the Shire of Noosa Planning
Scheme 1990 is provided in Table 2 below


Table 2 Assessment against sections 6.2.1 to 6.2.7 of the planning scheme

 Assessment Benchmark                                     Compliance Statement

 6.2.1 A dwelling house, relative’s apartment or          Complies. The proposed secondary dwelling is
 caretakers residents shall not be erected in a zone      single storey and has a maximum height of 3.74m.
 included within Table 6.1 so as to exceed the
 corresponding building height in storeys and
 building height in metres.
 Table 6.1 provides a maximum building height of 2
 storeys and 8m (9m to the apex of the roof) for
 Dwelling Houses in the Rural Pursuits zone.
 6.2.2 premises shall not be erected or used for the      Complies. The subject site is significantly larger
 purpose of a dwelling house unless the allotment         than 400m2 and has existing lawfully established
 has an area of at least 400m2 clear of any access        use rights for a dwelling house.
 strip or access easement.
 6.2.3 A person shall not erect or cause to be erected    Complies. The proposed ancillary secondary
 more than one dwelling house on an allotment             dwelling does not constitute a second Dwelling
                                                          House use on the site
 6.2.4 Compliance with second dwelling house              Not applicable.
 requirements




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 6.2.5 relative’s apartment requirements                 Not applicable. The proposed ancillary secondary
                                                         dwelling does not constitute a relative’s apartment
                                                         as defined in the 1990 planning scheme
 6.2.6 relative’s apartment requirements                 Not applicable
 6.2.7 relative’s apartment requirements                 Not applicable



6.2.1 Section 8.10.1 Division 10 – Building Setbacks

An assessment against the requirements of Section 8.10.1 of the Shire of Noosa Planning
Scheme 1990 is provided in Table 3 below.


Table 3 Assessment against section 8.10.1 of the planning scheme

 Assessment Benchmark                                    Compliance Statement

 8.10.1 Subject to the provisions of the Building Act    Complies. As illustrated on Figure 2 above, the
 1975-1988, no person shall erect a building or other    proposed building is setback 10m from all site
 structure closer to any boundary of a site other than   boundaries.
 in accordance with Table 8.1.
                                                         It is further noted that the owner of the adjoining
 Table 8.1 provides a minimum setback of 10m to all      property   to   the   west   has    provided   written
 boundaries for sites in the Rural Pursuits zone that    confirmation that they have no objection to the
 exceed 1ha.                                             siting of the proposed structure.



6.3   Changes to Conditions
The proposed minor change is to locate a new ancillary secondary dwelling, slightly outside the
approved building envelope.            This will necessitate a change to Condition 28 of the
Reconfiguration a Lot Approval (Council Reference - 151999.982601), to reference the proposed
site plan.


Condition 28 states:
        Plans of each created lot shall be prepared showing the areas suitable for a house site
        and the effluent disposal areas (the building envelope). The house site and effluent
        disposal areas shall be a minimum of 2000 square metres, and exclude the following:-


        a) all areas below the Q100 flood line,
        b) all areas within the 100m Agricultural buffer or 30m road boundary setback,
        d) land inside any setback required from any boundary,
        e) land located within a proposed registered covenant.


        These plans shall be submitted to Noosa Council prior to an application for sealing of the
        plan of survey.


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        No structure (including pools) shall be located in the areas outlined in items a-d of this
        condition.


        A property note shall be added to Council’s rates records to advise prospective
        purchasers of this building envelope requirement.


The approved building envelope (shown on Figure 5 below) was drawn by the developer of the
subdivision to satisfy Condition 28 of the Reconfiguration of a Lot approval, by demonstrating a
minimum 2,000m2 area on the site suitable for a house and effluent disposal area, to be located
clear of the constrains nominated within the condition. The indicative rectangle that was drawn,
and has been approved as the building envelope, does not represent all suitable building areas
on the site.




Figure 5 Approved Building Envelope (Source: map provided by Noosa Council)



As Figure 6 below shows, the proposed structure is located immediately adjacent to the
approved building envelope, on a similarly unconstrained part of the site. Section 6.2 of this
Development Assessment report has shown the proposed structure meets all of the relevant
assessment benchmarks of the Shire of Noosa Planning Scheme 1990 for the proposed
structure, including setbacks.




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Figure 6 Location of proposed structure in relation to approved building envelope (Source: Neamap, annotated by
URBN Town Planning)


Condition 28 identifies four constraints which building envelopes must avoid. These are:


    •   all areas below the Q100 flood line,
    •   all areas within the 100m Agricultural buffer or 30m road boundary setback,
    •   land inside any setback required from any boundary,
    •   land located within a proposed registered covenant.


URBN Town Planning has not had access to the overlay maps of the 1990 planning scheme while
preparing this report. However, in relation to the constraints nominated in Condition 28, the
following is noted:


    •   The site is not identified in the Flood Hazard Overlay of the Noosa Plan 2020, which is
        more accurate in terms of flood risk mapping than the 1990 planning scheme due to
        advances in flood hazard modelling;
    •   The part of the site where the structure is proposed is not suitable for agricultural use,
        being a relatively narrow strip of land between the existing dwelling and the western side
        boundary of the property. Therefore, the proposed structure will not reduce the
        agricultural productivity of the site;



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    •   The proposed structure complies with the 10m setback requirement outlined in the 1990
        planning scheme. This is also the setback requirement of the current 2020 planning
        scheme.
    •   The proposed structure is not located within a covenant area.


As a result of the above assessment, it is recommended that Condition 28 be amended as follows:


        Plans of each created lot shall be prepared showing the areas suitable for a house site
        and the effluent disposal areas (the building envelope). The house site and effluent
        disposal areas shall be a minimum of 2000 square metres, and exclude the following:-


        a) all areas below the Q100 flood line,
        b) all areas within the 100m Agricultural buffer or 30m road boundary setback,
        d) land inside any setback required from any boundary,
        e) land located within a proposed registered covenant.


        These plans shall be submitted to Noosa Council prior to an application for sealing of the
        plan of survey.
        No structure (including pools) shall be located in the areas outlined in items a-d of this
        condition, except for the ancillary secondary dwelling on Lot 19 where sited in
        accordance with Plan No. WD-02 Rev. 2, Site Plan, prepared by Oly Homes, dated
        30/04/2026.


        A property note shall be added to Council’s rates records to advise prospective
        purchasers of this building envelope requirement.




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7.    Conclusion

This Development Assessment Report has been prepared in support of a Minor Change
Development Permit at 24 Eucalypt Way, Cootharaba formally known as Lot 19 on SP152355.


This Development Assessment Report clearly demonstrates compliance with all applicable
Assessment Benchmarks of the Shire of Noosa Planning Scheme 1990, and should be approved
by Council, with reasonable and relevant conditions applied only where necessary.


Should you have any questions regarding the application, please don’t hesitate to contact me
direct. We look forward to progressing through the application process.


Kind Regards,




Michael Lyell
Director
URBN Town Planning




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