L01 To NC -refer BAAPS · 131999.982748.2

        building means a fixed structure that is wholly or partly enclosed by walls and is roofed,
        and includes any part of a building.

        dwelling means all or part of a building that—
        (a) is used, or capable of being used, as a selfcontained residence; and
        (b) contains—
                i.   food preparation facilities; and
               ii.   a bath or shower; and
              iii.   a toilet; and a wash basin; and
              iv.    facilities for washing clothes

There is also the following administrative definition for a “domestic outbuilding” under the 2020
Noosa Plan.

        domestic outbuilding means a nonhabitable class 10a building that is—
        (a) a shed, garage or carport; and
        (b) ancillary to a residential use carried out on the premises where the building is

As a result the proposed gazebo is not considered to be part of a “dwelling” or represent a “building”
and consequently the proposed structure is not considered to be covered by the definition below
for a “dwelling house” use under the 2020 Noosa Plan.

        dwelling house means a residential use of premises involving—
           (a) one dwelling for a single household and any
               domestic outbuildings associated with the dwelling; or
           (b) one dwelling for a single household, a secondary dwelling and any domestic
               outbuildings associated with either dwelling.

The 2020 Noosa Plan does however include the site of the proposed gazebo in the Environmental
Management and Conservation Zone and covered by the above planning scheme overlays.

The following is also considered relevant in Council’s assessment of this submission against the
2020 Noosa Plan.

    (a) There is no need to obtain a development permit for material change of use for a dwelling
        houses because no dwelling house use is being proposed.

    (b) The structure does require building works approval and the required development
        application for building works will need to be referred to Council for assessment under the
        Noosa Plan 2020 and approved by Council before any development approval for building
        works is issued by a building certifier.

    (c) The building application should not need to be referred to the State despite being located
        in both the State’s Coastal Management District and Coast Area (Erosion Prone Area).

    (d) Those relevant considerations numbered (1) to (9) as identified above support the position
        that the proposed structure should be supported by Council under the planning scheme.

Council is requested to issue our office with the payment link for Council’s fees payable to Council for
its assessment of the above development application so that the applicant can pay Council’s fees directly
to Council online.




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