Delegated Report - Code - Planning MCU22 0135 · MCU22/0135

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0135
Applicant	Rhys Lachlan Wiseman Monique Sarah Wiseman
Proposal	Material Change of Use - Dwelling house
Properly Made Date	16 August 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	7 October 2022
Report Completed Date	7 October 2022
Report Reviewed By	Nadine Gorton 7.10.2022

PROPERTY DETAILS
Property Address	49 Donnellys Rd Ridgewood Qld 4563
RP Description	Lot 13 RP 800338
Land Area	10.45 ha
Existing Use of Land	Rural, Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Bushfire Hazard Flood Hazard Landslide Hazard Regional Infrastructure
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling House and Secondary Dwelling. The proposed development is for the purpose to establish a new primary Dwelling House and convert the existing residence to a Secondary Dwelling.
The application has triggered assessment for the following:
The existing dwelling, proposed Secondary Dwelling is greater 65m2 GFA, 83.4m2, not in compliance with AO3 of the Low Density Housing Code;
Both dwellings within the 200 metres setback from land in the Agricultural Land Conservation Area.
The applicant has detailed that they utilise the existing shed on the premises for parking of vehicles, and therefore have not included a garage or carport attached to each dwelling.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Plan

Figure 4 – Floor Plan

Figure 5 – NE Elevation of Dwelling House

Figure 6 – East Elevation of Dwelling House
Figure 7 – South Elevation of Dwelling House

Figure 8 – SW Elevation of Dwelling House

Figure 9 – Site Plan of Secondary Dwelling with Setbacks

Figure 10 – Floor Plan of Secondary Dwelling

Figure 11 – SE SW Elevation of Secondary Dwelling

Figure 12 – NE NW Elevation of Secondary Dwelling
site details
Background
The application was originally lodged as a DBW application type. It was determined that due to use increasing intensity and scale that a Material Change of Use was the appropriate application.
The existing dwelling on the site (the proposed Secondary Dwelling) was privately certified in 2019.
Site Description
Lot 13 RP800338 has frontage to a bitumen sealed road, for a distance of 310 metres. The lot is irregular in shape, which houses a dwelling and shed. The site is subject to dense vegetation and falls to the south.
Surrounding Land Uses
The property is located on the border of the Noosa Shire Council area. Land adjoining the premises varies in size from 2 to 12 hectares.
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 Use Code;
Works Codes.
The subject site is located in Ridgewood and is zoned Rural Zone. 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 metres	1 storey 6.7 metres	
Gross floor area	500m² max	291.6 m²	
Secondary Dwelling GFA	65m2	83.4m2	X
Boundary setbacks Frontage Side/Rear	10 metres min 10 metres min	> 10 metres > 10 metres	
ALAC Setbacks	200m	~12	X
Carparking	2 covered min 1 uncovered min	TBC	

ALCA Setbacks

AO2.4 No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2.

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

AO8.5 On properties over 2 hectares in area, a distance of not less than 200 metres is provided between a sensitive land use and land on an adjacent rural zone property over 4 hectares in mapped Agricultural Land Conservation Area.

PO8 Notwithstanding that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
mitigate risks associated with the use of chemicals or air pollutants; and
avoid conflict with rural uses and activities on adjoining properties.
Both dwellings are located less than 200 metres from land on an adjacent property located in ALCA. The proposed primary residence is setback 12 metres, with the existing building (proposed Secondary Dwelling) setback 25 metres from land identified as ALAC on the western property. There are existing mature trees along the common boundary which assist in buffering the uses in the event that the neighbouring property seeks to undertake activities involving noise, dust, odour and/or spray. The siting of the dwellings are unlikely to raise conflict with the adjoining premises agricultural operations. The proposed development complies with the corresponding Performance outcome.

Secondary Dwelling

AO3 A secondary dwelling:
has a maximum gross floor area of 65m²;
has no more than 2 bedrooms;
does not occur on any property covered by a Building Unit Plan; and
does not occur on a property that already contains a dual occupancy or secondary dwelling.
PO3 A secondary dwelling:
forms part of a dwelling house and is not subdivided from the balance of the dwelling house;
contributes to housing choice for members of the one household;
protects the low density residential, rural residential or rural character of the zone;
does not occur on a property covered by a Building Unit Plan or any property already containing more than one dwelling;
is accompanied by sufficient car parking.

The proposed Secondary Dwelling is an existing 2 bedroom, 152.6m2 building. The gross floor area of the dwelling is 83.4m2 in gross floor area in lieu of 65m2, the additional 69.2m2 is a consequence of the wrap-around verandah. Taking into consideration the size of the lot and that the buildings and structures have been concentrated to the one section of the lot, outside of areas of biodiversity significance, the development is considered in character with the Rural area and complies with the Performance outcome.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU22/0135 for a Material Change of Use - Dwelling house situated at 49 Donnellys Rd Ridgewood Qld 4563 and described as Lot 13 RP 800338, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0135
Street address:	49 Donnellys Rd Ridgewood Qld 4563
Real property description:	Lot 13 RP 800338
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 (including 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
20-060-02A		Site Plan, prepared by Icon Building Design	20 January 2021
20-060-02B		Site Plan (Dwelling House), prepared by Icon Building Design	20 January 2021
20-060-03		Ground Floor (Dwelling House), prepared by Icon Building Design	20 January 2021
20-060-07		North East Elevation, prepared by Icon Building Design	20 January 2021
20-060-08		East Elevation, prepared by Icon Building Design	20 January 2021
20-060-09		South Elevation, prepared by Icon Building Design	20 January 2021
20-060-10		South West Elevation, prepared by Icon Building Design	20 January 2021
20-060-15		Site Plan – Roof Drainage, prepared by Icon Building Design	20 January 2021
0001-2019-A	B 1/6	Floor Plan (Secondary Dwelling), prepared by Rhys Wiseman	7 November 2019
0001-2019-A	B 2/6	Elevation 1, prepared by Rhys Wiseman	7 November 2019
0001-2019-A	B 3/6	Elevation 2, prepared by Rhys Wiseman	7 November 2019
Currency Period
This development approval lapses if the use has not happened by 7 October 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
One Household Only
The premises must be used in accordance with The Noosa Plan definitions for a Dwelling and must be for the exclusive use of one household only.
The premises must not be used as Multiple Housing and/or Visitor Accommodation or any other residential use as defined by The Noosa Plan, except a Dwelling.
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
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.
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.
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
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
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 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 online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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