Cover Letter and Assessment

Page 2

The access track to the house site is also largely existing, apart from the initial extent which must be
moved to rectify the existing encroachment on the adjoining lot. This would be required whether the
house was setback 10m or 100m. Access arrangements are shown in Attachment E at the conclusion
of this report.

The application is triggered solely due to the proposed removal of vegetation in a biodiversity overlay
area. In addition to the new crossover and driveway track, the proposal will only require the removal
of four larger trees on the house site which are also shown in Attachment E. Please note, as it is
currently proposed the net overall loss of vegetation is lessoned by locating the house and effluent
disposal area as indicated.

2.       SITE DETAILS
The subject site is 39,834m2 (almost 4ha) in area and zoned Rural under the current Noosa Plan 2020.
The site is surrounded by Rural zoned land of varying sizes also largely improved by single detached
dwellings. The following overlays apply to the site:
     •    Bushfire
     •    Environment (enhance or protect)
     •    Riparian buffer area
     •    Slide hazard
     •    Core koala habitat




Figure 1. Locality Plan

Page 3

Figure 2. Site Plan




Figure 3. Floor plan


[OCR of page images]
Figure 2. Site Plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Figure 3. Floor plan

 

Page 4

Figure 5. Elevations



3.     ASSESSMENT
3.1.   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
•     The Noosa Plan 2020.

The following codes from the Noosa Plan are applicable to this development:
•     Rural zone code
•     Low density housing code
•     Biodiversity, waterways and wetlands overlay code
•     Bushfire hazard overlay code
•     Landslide hazard overlay code


Rural zone code

Pursuant to Table of assessment 5.5.13 a Dwelling house is accepted development subject to
Acceptable outcomes AO2.4, AO7.1, AO7.2, AO7.3, AO8.4, AO8.5, AO12, AO13 and AO15 of the Rural
Zone Code. The following provides an assessment against each.

AO2.4 - Complies, the site does not adjoin property included in the Rural zone and mapped
as Agricultural land conservation area. Please refer to Figure 6 over page.

Page 5

AO7.1 - Complies, proposed dwelling is single storey.

AO7.2 - Complies, proposed dwelling is 4.1m in height overall.

AO7.3 - Complies, the proposed building is well below 500m2 in GFA.

AO8.4 - Complies, the proposed dwelling is more than 20m from any boundary (part a); the proposed
dwelling will be setback a distance greater than the width of the riparian buffer area shown on
Biodiversity, waterways and wetland overlay maps (refer to Figure 7) (part b); the proposed dwelling
will be setback more than 10m from Kinmond Creek Road (part c), and more than 10 metres from the
side and rear boundaries.

AO8.5 - Complies, more than 200m is provided between the proposed dwelling and land on an
adjacent rural zone property over 4 hectares in mapped Agricultural land conservation area.

AO12 - Complies, site works (including filling and excavation) will be negligible. The development has
been designed and will be constructed to ensure overland flow and/or flooding is not worsened,
impeded, or otherwise diverted to adversely affect other properties.

AO13 - Not applicable, the site does not adjoin the major road network.

AO15 – The site does not contain slope greater than 25% (AO15.1 & 15.2). No cut or fill greater than
1.5m is proposed (AO15.3).

The proposal therefore complies with the Rural zone code.




Figure 6. Excerpt from Agricultural land overlay mapping

Page 6

Figure 7. Excerpt from Biodiversity, waterways and wetlands overlay mapping


Low density housing code

Pursuant to Table of assessment 5.5.13 a Dwelling house is accepted development subject to
Acceptable outcomes AO2.1, AO3, AO5.2. AO5.3, AO8, AO9, AO12, AO13, AO14, AO15, AO16, AO18,
AO19, AO21 and AO22 of the Low Density Housing Code. The following provides an assessment
against each.

AO2.1 - Not applicable, the proposal is not for a removal home.

AO3 - Not applicable, the proposal is not for a Secondary dwelling.

AO5.2 - Can comply, three rainwater tanks with a capacity of 69,000 litres will be provided onsite.

AO5.3 - Can comply, an appropriate effluent treatment and disposal system will be provided. Please
refer to Attachment D. Please note, the disposal area is currently cleared and does not require the
removal of any vegetation.

AO8 - Can comply. There is an existing track to the proposed new site, although this will need a new
crossover to connect to Kinmond Creek Road as it currently traverses the neighbouring property.
Please refer to Attachment E for further information in this regard. Driveways and crossovers can be
designed to comply with Council’s standard drawings.

AO9 - Can comply, the driveway and crossover can be designed without significant alteration to the
existing road reserve.

Page 7

AO12 - Not applicable, the is no stormwater infrastructure in proximity to the site.

AO13 - Can comply, it is the intent of the landowner to minimise clearing as far as practicable and
regenerate the site. Areas adjoining the proposed new section of driveway that may be disturbed as
a result of the driveway construction will be planted to minimise visual impact and stabilise the soil.

AO14 - Only one crossover and driveway is proposed (AO14.1), the site only has one constructed road
frontage (AO14.2), the site is not a corner lot (AO14.3) and minimum safe sight distances can be
achieved (AO14.4).

AO15 - Can comply, a water tank will be available for firefighting purposes with an onsite water volume
of not less than 5,000 litres; and a water supply outlet pipe 50 millimetres in diameter and fitted with
a standard fire brigade fitting connected to the water supply.

AO16 - Not applicable, the site is not in a flood affected area.

AO18 - Not applicable, the site is not in proximity to major electricity infrastructure.

AO19 - Can comply, noise emissions will be commensurate with a Dwelling house.

AO21 - Not applicable, no filling is proposed.

AO22 - On closer examination of the Landslide hazard overlay map the site appears unconstrained
(refer to Figure 8 over page) (AO22.1). Access and the house site are not in a moderate, high or very
high landslide hazard areas or an area with 15% slope or greater (AO22.2). A site specific geotechnical
assessment is therefore not warranted (AO22.3 & 22.4).


The proposal therefore complies with the Rural zone code.

Page 8

Figure 8. Excerpt of Landslide hazard overlay mapping


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Landslide Hazard Overlay Map
Land Subject to Landslide

Hazard Overlay Other Layers

@ Moderate Hazard *\. Local Plan Area Boundary
G High Hazara “N. Shire Boundary

@ very High Hazard (_) Cadastre

Water Body

Figure 8. Excerpt of Landslide hazard overlay mapping

Page 9

Bushfire hazard overlay code




Figure 9. Excerpt of Bushfire hazard overlay mapping

The site is wholly contained within the high bushfire hazard area however mitigation measures are
incorporated (clearing, construction to a BAL FZ, safe egress) which will ensure the safety of residents
(PO1). Bushfire mitigation will not unduly impact on ecologically important areas (PO2) and an
appropriate water supply for firefighting is proposed (AO3.2).

The proposal otherwise meets all remaining relevant criteria under the code.

Page 10

Biodiversity, waterways and wetlands overlay code


The landowner is committed to conserving and improving the ecology of the site and this is driving
their desire to locate the proposed dwelling as indicated. As discussed above, the proposed house site
is the least biodiverse area on the entire block and is largely accessed by an existing track. There is
also an existing cleared area in proximity that can accommodate the effluent disposal area minimising
the need for clearing further. In addition, replanting and regeneration has already been undertaken
and will continue to occur.

In initial advice from Council via email on 19 January 2021 (Attachment F), Council indicated a site
closer (10m) to Kinmond Creek Road would be more likely to be supported. However, the area 10m
setback from the front boundary is a vine forest that has no existing access and has for example 16
individual species of native vine.

It is therefore submitted that ecologically important areas are being conserved and improved as a
result of the proposal (AO1.1) and buildings and infrastructure has been located in existing cleared
areas and/or areas of lowest ecological value. Clearing will be limited to 10m around the dwelling
(AO1.3). If boundary fencing is established clearing will not extend beyond 5m of that fence (AO1.4).

The proposal otherwise meets all remaining relevant criteria under the code.


Landslide hazard overlay code
As mentioned above, the site is unconstrained by grade and it is therefore unclear why this is identified
as an overlay (please refer to Figure 8). Access and the house site are not in a moderate, high or very
high landslide hazard areas or an area with 15% slope or greater. Further assessment against this code
is therefore not warranted.



CONCLUSION
Assessment has demonstrated that 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. On balance the location of the new house as
proposed will result in a lower net loss of vegetation which is the only trigger for the application. The
application should therefore be recommended for approval.

If you have any questions or would like to discuss any matter in further detail, please do not hesitate
to contact me on 0448 446 362.

Kind regards,




Terry Frey | Principal

Page 11

ATTACHMENT E – PROPOSED ACCESS ARRANGEMENTS AND SITE PHOTOS


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ATTACHMENT E — PROPOSED ACCESS ARRANGEMENTS AND SITE PHOTOS

Existing track
area to be
regenerated
from this
point to
boundary
with 276 KCR

Track area already
planted

Existing clearing (to
be regenerated)

Existing track

New driveway

Proposed site

Photo slide
number

 

a

Current
crossover from
neighboring
property (used
as carpark).
Telegraph pole
marks
boundary. 268
to right of land
for wildlife sign.

 

Page 12

2.

Existing
crossover on
neighbouring
block looking
towards
Kinmond
Creek Road.

Log marks
boundary.

 

3. Existing track. From
neighbouring block
towards proposed
development site

 

Page 13

4,

Proposed build site
showing thin
vegetative cover
and biodiversity.
Much of this is
new growth that
will be re-planted
elsewhere on the
block.

 

 

Area 10m in
from Kinmond
Creek Road
showing high
level of
biodiversity and
large amount of
clearing
necessary to
achieve 30m x
30m

Page 14

6.

Clear area
where
proposed
effluent
irrigation will
go. To be
regenerated.
Track leads
from photo 3
to here.