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Reasons for Exemption EXE23 0039 [As Published]
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.
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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