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Reasons for Exemption EXE23 0039 [As Published]

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               DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION

               Author                               Senior Development Planner, Tara Norley
                                                    Development Assessment

                    APPLICATION DETAILS

                    Application No.              EXE23/0039

                    Applicant                    Suncoast Building Approvals

                    Proposal                     Pool located within mapped landslide hazard area

                    Memo Completed Date          12 December 2023


                    PROPERTY DETAILS

                    Property Address             17 Spoonbill Street PEREGIAN BEACH

                    RP Description                Lot 353 P93145

               1.      DETAILS
               The proposal is for a pool located within mapped landslide hazard area.
               The Planning Act 2016 allows exemption certificates to be issued where ‘the effects of the
               development would be minor or inconsequential, considering the circumstances under which the
               development was categorised as assessable development’ and/or ‘the development was
               categorised as assessable development because of an error’.
               Landslide Hazard Area
               The proposal triggers assessment due to non-compliance with Acceptable Outcome AO22.1 of
               the Low Density Housing Code, as the proposed pool is located within the mapped Landslide
               Hazard Overlay.
               The Low Density Housing Code includes an error in that an ‘or’ has been excluded between
               Acceptable Outcome AO22.1 and AO22.2. The ‘or’ would allow a development that is located
               within the mapped hazard area (ie does not comply with AO22.1) to demonstrate compliance with
               the landslide provisions of the scheme under the Low Density Housing Code by submitting a slope
               stability assessment that demonstrates that although the proposed development is shown on the
               Landslide Hazard Overlay as being in the moderate landslide hazard area, the landslide risk is low
               or very low.
               The applicant has submitted a slope stability report for the proposal stating that the site is ‘suitable
               for the proposed development’, with the Risk Assessment determining risks to property to be ‘low’
               and/or ‘very low’, and risks to life to be ‘acceptable’. As such the proposal complies with AO22.2
               of the Low Density Housing Code.
               Council’s Senior Development Engineer has reviewed the report and confirmed there are no issues
               with the conclusions of the document.
               Rear Setback
               It is noted that the proposal includes a minimum 1m rear setback, in accordance with Acceptable
               Outcome AO9.2(a)(ii) of the Low Density Residential Zone Code. Acceptable Outcome AO9.2(c)
               of the Low Density Residential Zone Code states that were a rear boundary of a lot adjoins a
               reserve, the rear boundary setback may be as for other boundaries as addressed in AO9.3 below,
               which would require a minimum 1.5m setback to the rear. As the proposal complies with
               AO9.2(a)(ii) however, the proposal is considered to comply with setback requirements.

                                                                                                          Page 1 of 2

Document Set ID: 22719999
Version: 3, Version Date: 12/12/2023
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               DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION
               The proposal is compliant with all other requirements of Noosa Plan 2020.
               2.     PLANS / DOCUMENTS
               The plan included in this appraisal are listed in the following table:

                Plan No.          Rev.   Plan/Document Name                                        Date

                A103              A06    Proposed Site Plan, prepared by Collins Building Design   25/10/2023
                                         As annotated by Council

               Should the plans listed above be altered or amended, the advice included in this memo is no longer
               applicable.
               3.     COMMENTARY
               Council determined that the proposal was exempt for the following reasons:
               1.     The applicant provided a copy of a site specific Geotechnical Slope Stability Risk
                      Assessment demonstrating compliance with the relevant Acceptable Outcomes and
                      therefore the proposal should be considered Accepted Development under Noosa Plan
                      2020.
               Advisory Note
               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Nearby Infrastructure
               1.     It is noted that there is sewer infrastructure in proximity to the proposed pool. It is
                      recommended that all necessary approvals (where required) from external service providers
                      (eg Unitywater) and external parties on which the development works are proposed have
                      been obtained and a copy supplied to Council prior to the commencement of works.




                                                                                                      Page 2 of 2

Document Set ID: 22719999
Version: 3, Version Date: 12/12/2023

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