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TOWN PLANNING ASSESSMENT REPORT -

Dwelling House in the Biodiversity Overlay




                                             1179 Louis Bazzo
                                             Drive, Cootharaba

                                             Lot 6 on RP204676

                                             Project No. 6968




Material Change of Use for a
Dwelling House in the Biodiversity Overlay

May 2021




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                                                                                             Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                                              Cootharaba, QLD 4565
                                                                                                                                    Project No. 6968




REPORT CONTROL SHEET
   Report Title                         Town Planning Assessment Report 6968
   Site Address                         1179 Louis Bazzo Drive, COOTHARABA 4565
   Our Ref No                           6968
   Date                                 May 2021
   Author                               Ian Adams –Town Planner

COMPANY DETAILS
   Company                              The Planning Place
   Postal Address                       Unit 7 / 273 Abbotsford Road, Bowen Hills QLD 4006
   Telephone                            (07) 3257 7833
   Fax                                  (07) 3257 7844
   Email                                [email protected]
   ABN                                  52 088 377 047




Disclaimer:

This report is a professional opinion based on the information available at the time of writing. It is not intended as a quote, guarantee
or warranty and does not cover any latent defects.

This report will comment on Town Planning aspects of the project and may outline probable costs but the extent of the commission
of The Planning Place Pty Ltd does not extend to detailed cost feasibility, as such the costs should not be relied on for financing
arrangements.

This report has been prepared specifically for the aforementioned client, site and project. It has been written solely for the purpose
of providing town planning advice on the above issues for Council for this development site. Please note that this report has been
compiled based on the information that is current at the time of report printing, and that the recommendations supplied within this
report are based solely on the above.




 COPYRIGHT © The Planning Place ABN: 52 088 377 047

 This work is copyright, apart from any fair dealings for the purposes of study, research, criticism, or review as permitted under the Copyright Act, no part may
 be reproduced by any process without written permission.




                                                                                                                                                     Page 2 of 14

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                                                                                     Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                                      Cootharaba, QLD 4565
                                                                                                                            Project No. 6968




                                                     TABLE OF CONTENTS




  4.1            Surrounding Land Use and Existing Built Form of the Area ........................................................ 9
  4.2            Availability of Services ................................................................................................................ 10


  5.1            State Planning Policies............................................................................................................... 11
  5.2            ShapingSEQ: South East Queensland Regional Plan 2017 ...................................................... 11
  5.3            State Referrals & Requirements ................................................................................................ 11
  5.4            State Development Assessment Provisions .............................................................................. 11
  5.5            Public Notification ....................................................................................................................... 11


  6.1 Assessment Overview ........................................................................................................................... 12
  6.2       Noosa Plan 2020 ........................................................................................................................ 12
     6.2.1 Strategic Framework .................................................................................................................. 12
     6.2.2 Zone Code .................................................................................................................................. 12
     6.2.3 Local Plan ................................................................................................................................... 12
     6.2.4 Overlays ..................................................................................................................................... 12
     6.2.5 Applicable City Plan Codes ........................................................................................................ 13
  6.3       Common Materials ..................................................................................................................... 13




Appendix A – Assessment of Development Codes
Appendix B – Proposal Plans
Appendix C – Owners Consent




                                                                                                                                                 Page 3 of 14

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                                                              Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                               Cootharaba, QLD 4565
                                                                                                     Project No. 6968




1.0 - EXECUTIVE SUMMARY
                                                 Premises Details

Applicant                      The Planning Place
Name of Owner                  Xyrus Baquillos
Site Address                   1179 Louis Bazzo Drive, Cootharaba
Real Property Description      Lot 6 on RP204676
Area of Site                   40,056.6m2
Pre-lodgement / Consultation   Nil
history
                                       Applicable Assessment Details
Zone                           Rural Zone
Local Plan                     Not Applicable
Overlays                       Acid Sulphate Soils Overlay;
                               Agricultural Land Conservation Area Overlay;
                               Bushfire Overlay;
                               Biodiversity Overlay;
                               Flood Overlay; and
                               Landslide Overlay.
Public Notification            N/A
Infrastructure Charges         Noosa Shire Council Charges Resolution (No.5.1) 2020
Assessment Manager             Noosa Shire Council
State Planning Policy          State Planning Policy 2017
South East Queensland          Urban Footprint
Regional Plan
State Assessment and           Not Applicable
Referral Agency
State Development              Not Applicable
Assessment Provisions
Proposed use as defined in     Dwelling House
City Plan
Level of Assessment            Code Assessment
Details of proposal            Material Change of Use (MCU’s) / Building Works (BW)
                               Gross Floor Area (GFA)                    111.2m2
                               Building height                           4.242m
                               Site Cover                                111.2m2 or approximately 0.29%
                               Number of car parks                       N/A
                               Number of storeys                         One (1) Storey

                               Reconfiguration of Lots
                               ▪ Number of existing lots                 N/A
                               ▪ Number of new lots                      N/A

Application type               Aspects of Development                           Type of Approval Requested
                                                                               Preliminary       Development
                                                                                Approval            Permit
                               Material Change of Use (MCU)                                             ✓
                                                                                                          Page 4 of 14

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                                                                 Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                  Cootharaba, QLD 4565
                                                                                                        Project No. 6968




                                   Reconfiguration of a Lot (ROL)
                                   Building Work (BW)
                                   Operational Work (OW)
 Plans / Reports                    Drawing No.              Title              Prepared By               Date
                                   Proposal Plans
                                        154109             Floor Plan           Dixon Homes            25/02/2021
                                        154109             Elevations
                                        154109           Existing Lower       Spencer Surveys          08/05/2021
                                                           Floor Plan
                                        154109           Detail Survey

I declare that the development application is properly documented to meet the Planning Act 2016 (PA) requirements as a
properly made application, including all relevant application forms, consent of the landowner and mandatory information.

 Signed:




 Name:         Ian Adams
               Principal

 Date:         May 2021




                                                                                                              Page 5 of 14

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                                                                 Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                  Cootharaba, QLD 4565
                                                                                                        Project No. 6968




2.0 - INTRODUCTION
This Assessment Report has been prepared by The Planning Place in respect to a development application seeking a
Development Permit for a Material Change of Use for a Dwelling house in the Rural Zone on land described as Lot 6 on
RP204676.

This report should be read in conjunction with the Appendix A – Assessment Against Planning Scheme Codes and
Appendix B - Proposal Plans (referenced in the executive summary), both of which are enclosed as part of this
development application.

The report reviews the characteristics of the site, its locality, describes the proposed development and evaluates the
relevant town planning issues and requirements. The report is an assessment of the facts, conditions and statutory
planning legislation pertaining at the time of preparation of this report.

The house incorporates compliant design features, has a height, site cover, and boundary setbacks complying with the
requirements of Noosa Plan 2020 and is consistent with the existing rural character of the area.

This report will address the relevant provisions of the Planning Act 2016 and the requirements of the policies and codes
of the Noosa Plan 2020 as it relates to this proposal.


Type of Application

An application is made for a Development Permit (s.49(3) PA) for a Material Change of Use (Schedule 2 PA) for a new
Dwelling House in the Rural Zone, to be processed in accordance with s.51 of the Planning Act 2016.


Level of Assessment

The Planning Scheme identifies this development application is subject to Code Assessment.




                                                                                                              Page 6 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




3.0 - THE PROPOSED DEVELOPMENT
The proposal seeks a Material Change of Use to attain a Development Permit for a Dwelling House on a large rural lot
within the Biodiversity Overlay of the Noosa Plan 2020. The proposal is for a one storey, 155m2 Dwelling House to be built
approximately 150m from the southernmost point of the site, with the dwelling to be located approximately 50m from the
site’s northernmost road frontage.

Under the Noosa Plan 2020 a Dwelling House is defined as:

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

The bulk, scale and location of the Dwelling House are consistent with that of the surrounding rural area, with a number of
the surrounding sites used for rural residential living. The proposal will require the establishment of a Development
Footprint Plan (DFP), outlining the extent of the dwelling and surrounding space within the vegetated space of the site.
Plans for both the Dwelling House and DFP are attached as Appendix B.

The proposal is to include a number of additional structures to facilitate the function and amenity of the dwelling house on
site, including 3 water tanks with a total capacity of 54,500L, a bushfire tank with a capacity of 5500L, a septic system
(approved in the site’s plumbing permit PL21/0081), and a driveway granting the Dwelling House access to Louis Bazzo
Drive.

The proposal is located within a number of overlays under the Noosa Plan 2020, notably triggering assessment against
only the Biodiversity Overlay and requiring approximately 6 trees to be cleared to safely accommodate the Dwelling House
on the site. An assessment against Part 5 of the has determined that the proposal is to require assessment against on the
Biodiversity Overlay Code and the Acid Sulfate Soils Overlay Code. An assessment against these codes, as well as the
Low-Density House Code and the overall outcomes of the Rural Zone Code, are attached as Appendix A.

Overall, the proposal is subject to Code Assessment under the Noosa Plan 2020 and has been found to meet the
requirements of all applicable codes.




                                                                                                                 Page 7 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




4.0 - SITE CHARACTERISTICS
The subject site is currently a vacant large rural lot approximately 4ha in size. The proposed Dwelling house is to be
located in the Southern Section of the site and accessed by Louis Bazzo Drive. The northern border of the site falls within
the Riparian Buffer zone of Cooloothin Creek, with the whole of the site identified as core koala habitat under the Noosa
Plan 2020 Mapping System. Aerial photographs suggest that the entirety of the site features dense vegetation.

Adjacent uses to the site include Ringtail State Forest to the east (Lot 1 on AP22503) and south-east (Lot 5 on AP22503),
and large rural residential uses to the south (Lot 1 on RP189024), west (Lot 5 on RP204676) and north west (Lot 6 on
RP220975) These surrounding uses are outlined in Figure 1 below.




 Photo 1: Subject Premises – 1179 Louis Bazzo Drive                  Photo 2: Adjoining Premises – 1175 Louis Bazzo Drive




  Photo 3: Adjoining Premises – Ringtail State Forest                  Photo 4: Adjacent Premises – Ringtail State Forest




                                    Photo 5: Adjacent Premises – 1162 Louis Bazzo Drive


                                               Figure 1 – Site Photographs




                                                                                                                 Page 8 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




4.1 Surrounding Land Use and Existing Built Form of the Area
The subject lot for this proposal is located approximately 16km from Noosa Heads and 32km from Gympie. Additionally,
the site borders Ringtail State Forest to the south-east and is bound by Cooloothin Creek to the north. All surrounding land
uses are zoned as Rural uses or Environmental Management and Conservation uses.

Please refer below to Figure 2 for site context, Figure 3 for 2019 aerial photography, and Figure 4 for zoning.




                                                 Figure 2 – Site Locality




                                                  Figure 3 – 2019 Aerial




                                                                                                                  Page 9 of 14

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                                                               Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                Cootharaba, QLD 4565
                                                                                                      Project No. 6968




                                        Figure 4 – Zoning Map of Premises



4.2 Availability of Services
Due to the rural classification of the lot, standard utility and infrastructure connections are not proposed for the
development. Utilities and services are to be installed to the appropriate requirements of the rural Dwelling House.




                                                                                                           Page 10 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




5.0 - STATE AND REGIONAL PLANNING FRAMEWORK ASSESSMENT
The following sections are in regard to state and regional planning framework assessment material.

5.1 State Planning Policies

Section 2.1 of the Noosa Plan 2020 has identified that the State Planning Policies have been appropriately reflected within
the scheme.

5.2 ShapingSEQ: South East Queensland Regional Plan 2017

The premises is mapped in the Regional Landscape and Rural Production Area of ShapingSEQ: South East Queensland
Regional Plan 2017 and is for an urban land use. The proposed development is considered to comply with the intent of
the ShapingSEQ: South East Queensland Regional Plan 2017.

5.3 State Referrals & Requirements

Under the Planning Regulation 2017, a review of Schedule 10 was undertaken to identify any relevant triggers for referral
to the State Assessment and Referral Agency (SARA). In this instance the proposal is identified as located within 25m of
a State-Controlled Road (Louis Bazzo Drive) however as the proposal is classified as an Excluded Material Change of
Use (Dwelling House) a referral to the Department of Transport and Main Roads is not required.

5.4 State Development Assessment Provisions

The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for development
assessment. The SDAP is prescribed under the Planning Regulation 2017 and defined within Schedule 10 of this legislative
document. This document contains the matters that the chief executive may have regard to when assessing a development
application as either an assessment manager or as a referral agency. An assessment of the SDAP modules has taken
place and no triggers were identified.

5.5 Public Notification

Not Applicable. The proposed development triggers Code Assessment.




                                                                                                               Page 11 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




6.0 - LOCAL ASSESSMENT OF THE APPLICATION
6.1 Assessment Overview
In accordance with the Table of Assessment for the Rural Zone (Table 5.5.13) of the Noosa Plan 2020, the proposal for a
Dwelling House is to be accepted development. However, due to the site’s classification as within the Biodiversity,
Waterways and Wetlands Overlay (Table 5.9.2) of the Noosa Plan 2020 the proposed development of a Dwelling House
is categorised as Assessable Development subject to Code Assessment. This development application has been
prepared in accordance Code Assessment requirements pursuant to Section 45(3) of the Planning Act 2016.


6.2 Noosa Plan 2020
The proposal is located within the Noosa Shire Council Local Government area and is an applicable local planning
instrument in this instance. The following key Noosa Plan 2020 requirements have been addressed in the subsequent
sections.


6.2.1    Strategic Framework
Section 3.3.1a of the Noosa Plan 2020 outlines the following Strategic Outcome for Settlement by 2041:

        1. Settlement remains dispersed and largely shaped and bound by Noosa's natural features and large
           open space reserves including the hinterland ranges, Noosa River and lakes system, national parks,
           State forests and the coastline.

The proposed development is increasing residential densities within the region’s areas of natural amenity. It is considered
that the proposed development is meeting Noosa Plan 2020 theme requirements throughout the proposal.


6.2.2    Zone Code
The Noosa Plan 2020 includes the premises within the Rural Zone, please refer to Figure 4 – Zoning Map of Premises.


6.2.3    Local Plan
The proposed development is not located within a Local Plan as identified in the Noosa Plan 2020.


6.2.4    Overlays
The following table identifies the applicable Overlay Codes that will be addressed in Appendix A – Assessment of
Development Codes and which overlays are not applicable and will not be addressed further:




                                                                                                               Page 12 of 14

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                                                                Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                 Cootharaba, QLD 4565
                                                                                                       Project No. 6968




                                          Table Two – Applicable Overlays

                                                Applicable Overlays
    Acid Sulfate Soils Overlay Code             Not Applicable.
                                                The proposal does not involve a use or land classification outlined in
                                                Table 5.9.1.
    Biodiversity, Waterways and Wetlands        Applicable.
    Overlay                                     The proposal involves clearing of vegetation located within an area of
                                                biodiversity significance as outlined in Table 5.9.2.

                                                The proposed Dwelling House complies with all relevant benchmark
                                                as established in the code, refer to Appendix A.
    Bushfire Hazard Overlay                     Not Applicable.
                                                The proposal involves the development of a Dwelling House within
                                                the Bushfire Hazard area. As outlined in Table 5.9.3. this proposed
                                                use is exempt from assessment against the Bushfire Hazard Overlay
                                                Code.


6.2.5     Applicable City Plan Codes
The level of assessment table Section 5.5.5 sets out the required development codes for the assessment of the proposed
development. The following listed codes are applicable and are assessed within Appendix A – Assessment of
Development Codes.

      Prescribed Primary Codes:
        • Low Density Housing Code; and
        • Rural Zone Code.

      Prescribed Overlay Codes:
        • Biodiversity, Waterways and Wetlands Overlay Code.


6.3       Common Materials
•     Appendix A – Assessment of Development Codes;
•     Appendix B – Proposal Plans;
•     Appendix C - Owners Consent;




                                                                                                             Page 13 of 14

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                                                                   Town Planning Assessment Report: 1179 Louis Bazzo Drive
                                                                                                    Cootharaba, QLD 4565
                                                                                                          Project No. 6968




7.0 - CONCLUSION
This Town Planning Assessment Report has been prepared in respect to a development application seeking approval for
a Dwelling House on a rural lot over land described as Lot 6 on RP204676, situated at 1179 Louis Bazzo Drive,
Cootharaba.

The development complies with all relevant Codes of Noosa Plan 2020, including:
    • Low Density Housing Code;
    • Rural Zone Code; and
    • Biodiversity, Waterways and Wetlands Overlay Code.

As the proposal is generally in compliance with the applicable Assessment Benchmarks contained in the Codes of the
Noosa Plan 2020, it is considered appropriate that the application for the proposed house is able to be accepted by Council
and approved.

Should you have any questions, please do not hesitate to contact this office. We thank you in advance for your assessment
of this application.



 Approved by:                                     Prepared by:




 …………………………………….                                  …………………………………….
 Ian Adams                                        Alec Bravard
 Principal                                        Town Planner




                                                                                                               Page 14 of 14

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