Delegated Report - Code - Planning MCU22 0147

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0147
Applicant	Matthew Charles Devine Geraldine Devine C/- Brennan Planning Pty Ltd
Proposal	Material Change of Use - Short-term accommodation
Properly Made Date	8 September 2022
Information Request Date	23 September 2022
Information Response Date	21 October 2022
Decision Due Date	25 November 2022
Report Completed Date	17 November 2022
Report Reviewed By	Nadine Gorton 25.11.2022

PROPERTY DETAILS
Property Address	Porters Place 2/296 Kidd Rd Pomona Qld 4568
RP Description	Lot 2 GTP 100353
Land Area	182600.00 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Hinterland Communities Local Plan
Overlays	Agricultural Land Biodiversity, Waterways and Wetlands Bushfire Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Short-term accommodation.
There is an existing raised dwelling on the site which is sought to be converted to Short term accommodation to accommodate a maximum of 5 guests in the building. The building is undergoing renovation and will result in a single bedroom, bathroom and large kitchen, dining and living area with a verandah around 3 sides of the dwelling.
Access to the cabin is achieve via a gravel driveway from Kidd Road that generally has a width of between 3 – 4m. The site plan has been updated to show the location of the driveway.
The clearing recommended in the bushfire report has already been undertaken as exempt clearing to ensure that people can safely evacuate in the event of a bushfire. No further clearing is necessary or proposed.
The development does not comply with the following Acceptable Outcome of the scheme:
Agricultural Land Conservation Area setbacks as per Acceptable outcomes AO2.3 of the Rural Zone Code.
The applicant has provided a Bushfire Evacuation and Management Plan including preparatory and reduction measures for the use.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan
Figure 4 – Elevations

Figure 5: Car Shelter Under Construction

Photographs following Site Visit

site details
Background
There was a compliant regarding tree clearing which resulted in a site inspection carried out between Council’s Compliance Officer at the same time of inspection with the Development Planner.
The applicant has provided the following history of the building:
The building was constructed in the 1920’s by the Porter family, who were a Pioneering family in the area. It was originally used for the purpose of a tea house and rest stop along Cobb & Co route between Pomona to Cooroy. The Porter family, who then owned the property, operated the tea house as well as farmed and cut timber from the land. The building and land have a strong connection with areas pioneering heritage and the use of the building for short term accommodation celebrate its past use and the heritage of the area.
Site Description
The subject site is 18.24 hectares, with the majority being subject to dense vegetation. There is a large area of the site which is clear of vegetation and used for low intensity rural uses and outbuildings.
The subject lot and adjoining parcels to the north are zoned Rural, land to the east, south and far west is zoned Environmental Management and Conservation as the land is National Park and State Forest. North of Kidd Road is a Rural residential development.
The site is accessible via Kidd Road, which is a good standard all weather road.

Figure 6 – Surrounding Zones
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;
Visitor Accommodation Use Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code; and
Bushfire Hazard Overlay Code.
The subject site is located in Pomona and is zoned Rural. 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 storeys < 8 metres	
Gross floor area	500m² max	82.5m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 10/20 metres	> 20metres	
ALCA	200 metres	>200 metres	
Carparking	2 covered min	2 covered	
ALCA
AO2.3 Where located in the Agricultural Land Conservation Area accommodation is of a temporary or semi-permanent nature (such as tents, yurts, relocatable dwellings or recreational vehicles) or it adaptively reuses well-established rural buildings.
PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
The proposed building for Short Term Accommodation is an existing dwelling on the site which is located in the Agricultural Land Conservation Area as identified in the Overlay Maps.
The proposed use is not temporary or a semi-permanent building as it will operate from the existing highset dwelling on the site. The proposal will not result in loss of productive capacity of land identified as ALCA as the dwelling has been on the site since the 1920s. The proposed carport associated with the proposed accommodation is within close proximity to the dwelling and located off the existing driveway on the site, the siting of the carport will not notably reduce the productive capacity of the site for an area approximately 30m2. The proposed development complies with the Performance outcome.
Bushfire Hazard
AO1.1 Development which will materially increase the number of people living or congregating on premises, including reconfiguring a lot, is not located within a medium or high bushfire hazard area.
AO1.2 Development maximises setbacks from hazardous vegetation to achieve an acceptable risk.
Editor’s Note — PSP8 Natural Hazards provides guidance for assessing bushfire hazard risk and preparing a bushfire hazard management plan.
PO1 Development maintains the safety of people and property from the adverse impacts of bushfire.
The proposed STA is to accommodate a maximum of 5 persons in the dwelling. The site is accessible via a shared laneway referred to as ‘Porters Place’ which provides access off Kidd Road to 2 freehold lots that are part of a group title subdivision. The subject site has cleared vegetation as per the Bushfire Hazard Assessment & Management Plan consistent with exempt clearing provisions of the Noosa Plan 2020, and Planning Regulation 2017.
A Bushfire Hazard Management Plan (BFMP) has been provided in support of the development application. This includes 2 respective routes of evacuation in the event of an uncontrollable fire, precautions in the present of a fire within 5km and 10km of the site, and preparatory measures in reducing fire actions to minimise impacts to people and property. Further to this, there is a large dam located 160 metres southeast of the dwelling (approximately 3 acres in size), which will be assessable for bushfire fighting if necessary.
Upon booking the accommodation, a Fire and Evacuation Plan is to be provided to guests to familiarise themselves of evacuation routes and precautions, and the plan is to be made readily available within the accommodation. For ease of evacuation of guests it is suggested that reflective markers are provided along the evacuation routes where contained within the property boundaries of the subject lot.
Appropriate measures and conditions will be imposed reflective of the Bushfire Hazard Assessment & Management Plan to ensure compliance with the Performance outcome.
Biodiversity, Waterways and Wetlands
The subject site is identified within the Biodiversity Overlay with having areas of significance and riparian buffer following the waterway traversing the site. The proposed building is existing and therefore does not introduce any new clearing exemptions etc. The addition of the carport associated with the building is located within the asset protection zone of the dwelling and has been cleared under bushfire clearing exemptions.
The development does not raise conflict with the Overlay Code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Environment Officer and Development Engineer reviewed the application and informed the Information request.
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. MCU22/0147 for a Material Change of Use - Short-term accommodation situated at Porters Place 2/296 Kidd Rd Pomona Qld 4568 and described as Lot 2 GTP 100353, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0147
Street address:	Porters Place 2/296 Kidd Rd Pomona Qld 4568
Real property description:	Lot 2 GTP 100353
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 - Short-term accommodation
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.
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
0222DM 1/3	-	Site Plan, prepared by Accolade Building Designs	26 May 2022
0222DM 2/3	-	Floor Plan, prepared by Accolade Building Designs	26 May 2022
02222DM 3/3	-	Elevations, prepared by Accolade Building Designs	26 May 2022
-	-	Bushfire Hazard Assessment and Management Plan, prepared by Equilibrium Ecology	July 2022
Currency Period
This development approval lapses if the use has not happened by 25 November 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved Short term accommodation is to be in accordance with the use definitions under the Noosa Plan 2020, and is not to accommodate more than five (5) guests at any one point in time.
The approved use must be used only for short term visitor accommodation only. The site must not be occupied by persons for the purpose of permanent accommodation, excluding those persons in the existing residence for the premises.
The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
The use must be operated in accordance with the Short Stay Letting and Home Hosted Accommodation Local Law.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site (i.e. Kidd Road) by the provision of a street number and, where appropriate, the building name.
Landscaping
Existing trees on the site must be retained, except where required to be removed as identified in the Bushfire Hazard Assessment and Management Plan, prepared by Equilibrium Ecology, dated July 2022 (where contained within the premises).
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Water Supply
The development must be provided with a potable water supply connected to the building. The potable water supply is to comply with the Australian Drinking Water Guidelines.
A minimum of 3,000 litres of rainwater storage is to be provided and reused for non-potable purposes and incorporated into a stormwater management plan for the development.
Wastewater Treatment and Disposal
The development must be provided with an on-site wastewater treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Bushfire Management
An accessible dam, swimming pool or water tank (in addition to day to day water supply) with an onsite water volume of not less than 5,000 litres must be available for firefighting purposes, located within reasonable proximity to buildings.
A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade fitting must be connected to the water supply (other than where the water supply is in a swimming pool or dam).
The use must operate in accordance with the Bushfire Hazard Assessment and Management Plan, prepared by Equilibrium Ecology, dated July 2022, in addition to the recommendations contained within the document:
A copy of the Bushfire Evacuation Plan is to be provided to guests upon booking, to allow guests to familiarise themselves with evacuation routes and triggers.
A hardcopy of the Bushfire Evacuation Plan is to be made readily available to guests in the accommodation.
Preparatory measures and reduction measures are to be carried out by the operators on a regular basis, in particular prior to guests.
Access and egress tracks must be maintained, be safe and available at all times, to all of the development for emergency vehicles and personnel.
Waste Management
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously  paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties.
Waste containers must:
a.	At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition.
b.	Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and
c.	Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container.
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
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.
Local Law Permit	Short Stay Letting and Home Hosted Accommodation Local Law.
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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