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Planning statement
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Leaders in
Building Certification Services
PLANNING STATEMENT
For: Megan Williams
Development: Material Change of Use (Dwelling House)
At: 65 Eungella Drive, Black Mountain (Lot 8 RP903374)
Prepared by: GMA Certification Group
File Ref: 20203841
Revision: A
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Page 2
Table of Contents
Introduction............................................................................................................................... 3
Development Summary ............................................................................................................ 4
Site and Locality ....................................................................................................................... 6
Proposal ................................................................................................................................... 7
Statutory Planning Considerations ............................................................................................ 8
5.1 Planning Act 2016 ...................................................................................................................... 8
5.1.1 Categorisation of Development ............................................................................................................. 8
5.1.2 Assessment Manager ............................................................................................................................. 8
5.1.3 Level of Assessment ............................................................................................................................... 8
5.1.4 Statutory Considerations for Assessable Development ......................................................................... 9
5.1.5 State Planning Policy .............................................................................................................................. 9
5.1.6 Regional Plan .......................................................................................................................................... 9
5.1.7 Referral Agencies ................................................................................................................................... 9
5.1.8 State Development Assessment Provisions ........................................................................................... 9
Local Planning Considerations ............................................................................................... 10
6.1 Noosa Plan 2020...................................................................................................................... 10
6.1.1 Statement of Compliance – Benchmark Assessment .......................................................................... 10
Summary and Conclusion ....................................................................................................... 13
Appendix 1. ....................................................................................................................................... 14
Appendix 2. ....................................................................................................................................... 15
Appendix 3. ....................................................................................................................................... 16
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Introduction
This report has been prepared on behalf of Megan Williams in support of a
Development Application to Noosa Shire Council for a Development Permit for Material
Change of Use for the purpose of dwelling house on land located at 65 Eungella Drive,
Black Mountain and described as Lot 8 on RP903374.
The site contains an area of 77,550m2 and does not have frontage to a road reserve.
Access to the site is provided by an easement over the adjacent lot 9 on SP173780 to
the north. The site is currently improved by two buildings, which are both class 10
structures. These are located to the north of the site and adjacent the western boundary.
The site is a sloping site and sloped away from the west and down to the east. The
existing buildings are located on the highest part of the site.
It is proposed to convert one of the existing sheds to a Dwelling House. The Dwelling
House would have a floor area of approximately 90m2 and would contain three
bedrooms, kitchen/dining/lounge area and bathroom and laundry.
The application is identified as being Code Assessable and consideration can only be
given to the Assessment Benchmarks found in the Noosa Plan 2020. The proposed
development is considered to be consistent with the Assessment Benchmarks and is
considered to be a suitable use of the site.
The application is submitted for approval, subject to reasonable and relevant
conditions.
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Development Summary
Address: 65 Eungella Drive, Black Mountain
Real Property Description: Lot 8 on RP903374
Easements & Encumbrances: Nil
Site Area/Frontage: Area: 77,550m2
Frontage: No frontage, (Access is provided
by an easement over Lot 9 onSP173780)
Registered Owner: Megan Williams
Proposal: Dwelling House
Approval Sought: Development Permit
Level of Assessment: Code Assessment
State Interests – State Planning Policy • Economic Growth - Agriculture
(Important Agricultural areas).
• Environment and Heritage –
o Biodiversity (MSES – Wildlife
habitat (endangered or
vulnerable);
o MSES wildlife habitat – koala
habitat areas (core);
o MSES Regulated vegetation
(category B & C, essential
habitat);
o Water Quality – High
ecological value water areas.
• Safety and Resilience to Hazards -
Natural Hazards Risk and
Resilience:
o Flood hazard area – Local
Government flood mapping
area;
o Bushfire Prone Area - High
Potential Bushfire Intensity
and Potential Impact Buffer.
State Interests – SARA Mapping: • Water Resources – Water resource
planning area boundaries
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• Native Vegetation Clearing:
o Category B, C and X on the
Regulated Vegetation
Management Map
o Category A or B area
containing of concern
regional ecosystems;
o Category A or B area that is
a least concern regional
ecosystem; and
o Essential habitat.
• Koala Habitat in SEQ Region –
Koala Habitat Area, in part.
Referral Agencies: Nil
State Development Assessment N/A
Provisions:
Regional Plan Designation: Regional Landscape and Rural Production
Area
Zone: Rural
Local Plan Designation: N/A
Overlays: • Agricultural Land Overlay;
• Biodiversity, Waterways and
Wetlands Overlay;
• Bushfire Hazard Overlay;
• Landslide Hazard Overlay;
• Regional Infrastructure Overlay
Code – Water Resource
Catchment.
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Site and Locality
The application site is a single irregularly shaped allotment located at 65 Eungella Drive,
Black Mountain, and described as Lot 8 on RP903374. The site contains an area of
77,550m2 and does not have frontage to a road reserve. Access to the site is provided
by an easement over the adjacent lot 9 on SP173780 to the north.
The site is currently improved by two buildings, three water tanks and a dam. The
buildings are both understood to be class 10 structures. These buildings and the water
tanks are located to the north of the site and adjacent the western boundary. The dam is
located in the south west of the site.
The site is a sloping site and sloped away from the west and down to the east. The
existing buildings are located on the highest part of the site and are located on two level
pads. The elevated portions of the site, excluding the location of the buildings and the
driveway access are covered in mature vegetation, with the lower portion of the site to
the south generally cleared of vegetation.
The locality containing the site is generally characterised by large rural lifestyle lots with
the exception of Eungella Park located to the west of the site.
Photo 1 – Site Location (Source Queensland Globe)
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Proposal
It is proposed to develop the site for the purpose of a Dwelling House by converting the
southern most shed shown on the aerial photograph above. The Dwelling House would
be single storey with a gross floor area of approximately 90m2 and is located towards
the top of the block. The Dwelling House would contain three bedrooms, a
living/dining/kitchen area and utility rooms. Car parking for the Dwelling House would
be provided in the other existing shed on the site.
Access to the Dwelling House would be provided from Eungella Drive by the existing
driveway contained within the easement created over Lot 9 on SP173780.
Proposal Plans and details of the development are attached at Appendix 2.
The key development features of the proposed development are summarised in the
table below:
Development Feature Proposal
Site Area: 77, 550m2
Frontage: Nil
Height: Single storey
Gross Floor Area: 90m2
Site Cover: <50%
Setbacks: >10 metres to all boundaries
Access: Easement over Lot 9 on SP173780
Car Parking Spaces: 2
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Statutory Planning Considerations
This section provides a summary of the legislative framework affecting the application
pursuant to the Planning Act 2016.
5.1 Planning Act 2016
5.1.1 Categorisation of Development
The proposed development is not identified as prohibited development having regard to the
relevant instruments that can prohibit development under the Planning Act 2016, including
• Schedule 10 of the Planning Regulations 2017
• Relevant Categorising Instruments.
The development is made assessable under the Noosa Plan 2020, which is a categorising
instrument for the purpose of s43 of the Planning Act 2016.
5.1.2 Assessment Manager
Pursuant to Schedule 8 of the Planning Regulations 2017, the Assessment Manager for the
application is the Noosa Shire Council.
5.1.3 Level of Assessment
The application involves the development of a Dwelling house. The table below identifies the
level of assessment and the categorising section of the Noosa Shire Council Planning
Scheme.
Development Categorising Section Level of Assessment
Dwelling House Table 5.5.13 Rural Zone Accepted development
subject to requirements
Table 5.9.2 Biodiversity, Not applicable - no
Waterways and Wetlands vegetation clearing
Overlay proposed.
Table 5.9.3 Bushfire Hazard Not applicable to dwelling
Overlay houses.
Table 5.9.8 Landslide Not applicable to dwelling
Hazard Overlay houses.
Table 5.9.9: Regional Not applicable to dwelling
Infrastructure Overlay houses.
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5.1.4 Statutory Considerations for Assessable Development
The application is identified as Accepted Development, Subject to Requirements, meaning
that an application is not required where the developments are able to satisfy the relevant
requirements for Accepted Development. However, in this instance, the proposals are not
able to satisfy all requirements relating to the Rural Zone Code and the Low Density Housing
Code. Consequently, a Code Assessable application is required.
As the application is subject to Code Assessment, in deciding the application pursuant to s60
of the Planning Act 2016, the Council, as Assessment Manager, can only have regard to the
matters established in the relevant planning assessment benchmarks. Pursuant to section
5.3.3 (4) of the Noosa Plan, the assessment benchmarks are limited to the subject matter of
the required acceptable outcomes that are not complied with or are not capable of being
complied with.
This assessment is further discussed in Section 6.0 of this report and a detailed assessment
of the proposed development against the assessment benchmarks is provided at Appendix
3.
5.1.5 State Planning Policy
It is understood that the Minister has identified that the State Planning Policy has been
appropriately integrated into in the Noosa Plan 2020 and consequently no further
assessment is required in this instance.
5.1.6 Regional Plan
The application site is identified in the Regional Landscape and Rural Production Area of the
SEQ Regional Plan. Consistent with the State Planning Policies, it is understood that the
Planning Scheme has been determined to appropriately advance the Regional Plan and, on
that basis no further assessment is required in this instance.
5.1.7 Referral Agencies
There are no referral agencies identified in respect of this application.
5.1.8 State Development Assessment Provisions
As there are no referral agencies for the application, no State Development Assessment
Provisions Apply to the assessment.
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Local Planning Considerations
6.1 Noosa Plan 2020
Within the Noosa Plan (2020), the site is identified within the Rural Zone and is affected
by the Biodiversity, Waterways and Wetlands Overlay, Bushfire Hazard Overlay,
Landslide Hazard Overlay and Regional Infrastructure Overlay.
The Table below identifies the applicable Assessment Benchmarks contained within
the Planning Scheme.
Assessment Applicability Compliance
Benchmark
Rural Zone Code Applies - AO2.4, AO7.1, Consideration is required
AO7.2, AO7.3, AO8.4, in respect of Performance
AO8.5, AO12, AO13 Outcomes PO2,
and AO15 only Agricultural Land
Conservation Area and
PO8, Setbacks. Refer
below.
Low Density Housing Applies - AO2.1, AO3, Consideration is required
code. AO5.2, AO5.3, AO8, in respect of Performance
AO9, AO12, AO13, Outcome PO22 Landslide
AO14, AO15, AO16, Hazard Area. Refer
AO18, AO19, AO21 below.
and AO22 only
Biodiversity, Waterways Not applicable Does not apply to
and Wetlands Overlay Dwelling Houses
Code
Bushfire Hazard Overlay Not applicable to Does not apply to
Code dwelling houses. Dwelling Houses
Landslide Hazard Not applicable to Does not apply to
Overlay Code dwelling houses. Dwelling Houses
Regional Infrastructure Not applicable to Does not apply to
Overlay Code dwelling houses. Dwelling Houses
6.1.1 Statement of Compliance – Benchmark Assessment
6.1.1.1 Rural Zone Code
Performance Outcome PO2 of the Rural Zone Code states:
PO2
Development does not result in the loss or diminished productive capacity of
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Agricultural Land Conservation Area.
The associated Acceptable Outcome states:
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.
The proposed development is for the material change of use of an existing building to a
Dwelling House on land that adjoins rural lifestyle lots that are not used for agricultural
pursuits. The proposed development would not result in the loss or diminished
productive capacity of the Agricultural Land Conservation Area and would not affect
any existing agricultural operation within the vicinity of the site. The proposed
development is considered to be consistent with the Performance Outcome.
Performance Outcome PO8 of the Rural Zone Code states:
Setbacks
PO8
Notwithstanding that intensive rural activities may need greater separation distances,
buildings and other structures are appropriately sited and designed to:
(a) 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;
(b) avoid adverse impact on ecologically important areas including National Parks,
watercourses, and wetlands;
(c) mitigate risks associated with the use of chemicals or air pollutants; and
(d) avoid conflict with rural uses and activities on adjoining properties.
Complies with PO8
The proposal is for the change of use of an existing building to a Dwelling House. The
Dwelling House would be located within 200 metres of the land to the east, which
exceeds 4 hectares in area and is mapped Agricultural Land Conservation Area.
Notwithstanding, the adjacent land is used for rural lifestyle purposes and is not used
for agricultural cropping or other agricultural pursuits. The proposed development
would not result in adverse impacts resulting from neighbouring incompatible land uses
and is considered to be consistent with the Performance Outcome.
6.1.1.2 Low Density Housing Code
Performance Outcome PO22 of the Low Density Housing Code states:
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Landslide Hazard Area
PO22
Development maintains the safety of people, property and hazardous materials stored
in bulk from the risk of landslide.
The associated Acceptable Outcomes identify that the development, including access,
are not located within the land identified on landslide areas on a Landslide Hazard
Overlay Map.
In this instance, the proposed development is the change of use of an existing building,
with an existing access, to a Dwelling House. The site of the dwelling house is outside
of the landslide hazard area; however, the access is provided through the landslide
hazard area. The access is an existing access and no additional works are required to
facilitate access. The proposed development would not increase the risk of landslide on
the site.
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Summary and Conclusion
This report has been prepared on behalf of Megan Williams in support of a Development
Application to Noosa Shire Council for a Development Permit for Material Change of Use for
the purpose of Dwelling House on land located at 65 Eungella Drive, Black Mountain and
described as Lot 8 on RP903374.
The site contains an area of 77,550m2 and does not have frontage to a road reserve. Access
to the site is provided by an easement over the adjacent lot 9 on SP173780 to the north. The
site is currently improved by two buildings, which are both class 10 structures. These are
located to the north of the site and adjacent the western boundary. The site is a sloping site
and sloped away from the west and down to the east. The existing buildings are located on
the highest part of the site.
It is proposed to convert one of the existing sheds to a Dwelling House. The Dwelling House
would have a floor area of approximately 90m2 and would contain three bedrooms,
kitchen/dining/lounge area and bathroom and laundry.
The application is identified as being Code Assessable and consideration can only be given
to the Assessment Benchmarks found in the Noosa Plan 2020. Specifically, consideration is
required in respect of the separation distance to land in the Agricultural Land Conservation
Area and to the location of the existing access within the landslide area. An assessment has
demonstrated that the proposed development is considered to be consistent with these
Assessment Benchmarks and is considered to be a suitable use of the site.
The application is submitted for approval, subject to reasonable and relevant conditions.
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