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200394 - 161 Cooroy Belli Creek Road, COOROY - 200394 Planning Report

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 TOWN PLANNING ASSESSMENT
 REPORT FOR PROPOSED DWELLING
 AND GARAGE




161 Cooroy Belli Creek Road, Cooroy

Building works: Dwelling and Garage

Code Assessment
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Page 2

Development Application                                                                             161 Cooroy Belli Creek Road, Cooroy
                                                                                                                   Lot 20 on RP 141938




                                                            Table of Contents

Summary ................................................................................................................................................. 2
Executive Summary ................................................................................................................................. 3
Site Analysis ............................................................................................................................................ 4
   Site Details .......................................................................................................................................... 4
   Surrounding Area ................................................................................................................................ 4
Proposed Development .......................................................................................................................... 4
   Proposed Site Plan .............................................................................................................................. 5
Noosa Plan 2020 ..................................................................................................................................... 5
   Overlays .............................................................................................................................................. 5
   Level of Assessment ............................................................................................................................ 5
Conclusion ............................................................................................................................................. 15




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Page 3

Development Application                                         161 Cooroy Belli Creek Road, Cooroy
                                                                               Lot 20 on RP 141938



Summary
Site Details
Site Address              161 Cooroy Belli Creek Road, Cooroy

Property Description      Lot 20 on RP141938

Zone Classification
                          Rural


Area                      46018.52m2



Application Details
Development type          Material Change of Use – Dwelling and Garage
Level of Assessment       Code Assessment
Proposed                  Dwelling and Garage
Development
Key Planning triggers     Table 1.6.1 Building Assessment Provisions
                          Table 6.8.3 Rural Zone Code
Defined use               Dwelling and Garage
Referral- concurrence     Applicable
Referral- advice          Nil
Public notification       Nil
Applicant                 EarthCert Pty Ltd




                                                                                        2|Page

Page 4

Development Application                                            161 Cooroy Belli Creek Road, Cooroy
                                                                                  Lot 20 on RP 141938



Executive Summary

The purpose of this report is to provide a detailed planning assessment for and MCU application for a
proposed dwelling and garage at the subject property. The proposed is assessable against the Noosa
Plan 2020 Rural Zone Code. The proposed dwelling and garage is code assessable under the levels of

assessment of the Noosa Plan 2020 as follows:

    •   Proposed dwelling garage within an Agricultural Land Conversation Area

As this planning assessment report and code assessment table outline, the proposed development
complies with the acceptable, performance and overall outcomes of the applicable code. Based on the
proposed development this should be granted approval subject to reasonable and relevant conditions.
This application meets the criteria for a properly made application as defined by s51 of the Planning Act
2016.




                                                                                             3|Page

Page 5

Development Application                                                161 Cooroy Belli Creek Road, Cooroy
                                                                                      Lot 20 on RP 141938



Site Analysis
Site Details
The subject lot is located at 161 Cooroy Belli Creek Road, Cooroy formally described as lot 20 on
RP141938. The lot is 46018.52m2 and situated in the Rural Zone.

Surrounding Area
The subject lot is located within a rural area with like properties.




Proposed Development
The proposed development is described as follows:

    1. Proposed Dwelling and Garage

As detailed in the levels of assessment section of this report the proposed development is triggered to
code assessment under the levels of assessment for building work in under the Noosa Plan 2020 Rural
Zone Code. The proposed dwelling site is in an Agricultural Land Conservation Area.




                                                                                               4|Page

Page 6

Development Application                                          161 Cooroy Belli Creek Road, Cooroy
                                                                                Lot 20 on RP 141938



Proposed Site Plan




Noosa Plan 2020

Overlays
Riparian Buffer Zone
Agricultural Land Conservation Area

Level of Assessment
Rural Zone Code

Table 6.8.3.3 -Criteria for assessment

Performance outcomes                            Acceptable Outcomes

Role and function

PO1                                                                               Complies
Land uses in the Rural zone are limited to those  No acceptable outcome provided.
which are compatible with agriculture and the
protection of environmental and landscape values.

PO2                                             AO2.1                            The proposed
Development does not result in the loss or      Development that is incompatible dwelling is situated


                                                                                             5|Page

Page 7

Development Application                                             161 Cooroy Belli Creek Road, Cooroy
                                                                                   Lot 20 on RP 141938



Performance outcomes                             Acceptable Outcomes

diminished productive capacity of Agricultural   with agricultural activities is not   within the
Land Conservation Area.                          located on Agricultural Land          Agricultural Land
                                                 Conservation Area and an              Conservation Area
Editor’s Note—Agricultural Land                  adequate separation area              – the proposed
Conservation Areas are shown on                  between the development and           dwelling and
the Agricultural Land Overlay Maps in            the Agricultural Land                 garage has a total
Schedule 2                                       Conservation Area is provided.        area 297m2 and is
                                                                                       situated outside of
                                                                                       the riparian buffer
                                                 AO2.2
                                                                                       zone.
                                                 Where there is an overriding
                                                 need for incompatible                 Due to the slope of
                                                 development to be located             the land and
                                                 on Agricultural Land                  existing vegetation
                                                 Conservation Area, the                this is the most
                                                 development does not have an          suitable location to
                                                 irreversible impact on the            site the dwelling.
                                                 productive capacity                   Given the proposed
                                                 of Agricultural Land                  sites proximity to
                                                                                       the front of the
                                                 Conservation Area.
                                                                                       property this
                                                                                       provides the bulk
                                                 Editor’s Notes—
                                                                                       of the site to
                                                 An irreversible impact on
                                                                                       remain untouched.
                                                 agricultural land includes a
                                                 permanent reduction or decline
                                                 in the agricultural land,
                                                 notwithstanding that the land
                                                 may be used for agriculture
                                                 post-development, e.g. land
                                                 that could support crops pre-
                                                 development that can only be
                                                 used for improved pasture
                                                 post-development.
                                                 Aquaculture is specifically
                                                 permissible on Agricultural
                                                 Land Conservation Area.

                                                 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.

                                                 AO2.4
                                                 No sensitive land use is



                                                                                                6|Page

Page 8

Development Application                                                   161 Cooroy Belli Creek Road, Cooroy
                                                                                         Lot 20 on RP 141938



Performance outcomes                                    Acceptable Outcomes

                                                        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.

PO3                                                     AO3.1                             Complies
With the exception of one dwelling                      Only the occupants of a dwelling
house, caretaker’s accommodation or                     house, compliant caretaker’s
a community residence, any accommodation                residence or community
activity is limited to use by short-term guests or      residence reside on the property
seasonal workers employed in a rural activity on        for any period greater than three
the same site or on adjoining premises.                 consecutive months.

                                                        or

                                                        AO3.2
                                                        In addition to residents of
                                                        the dwelling house, up to 10
                                                        people may reside on the site for
                                                        periods of no more than six
                                                        consecutive months where they
                                                        are:


                                                        employed in a rural activity on
                                                        the property; or

                                                        a spouse or child of a person
                                                        employed in a rural activity on
                                                        the property.

PO4                                                                                     Not applicable – the
Visitor accommodation:                                  No acceptable outcome provided. proposed dwelling
                                                                                            to be used as the
is at a small scale and low density that protects the                                       main residence for
environmental and rural values of the land;                                                 the property
                                                                                            owners.
is compatible with rural activities and nature
conservation; and

does not detract from the rural amenity of
adjoining properties.




                                                                                                     7|Page

Page 9

Development Application                                        161 Cooroy Belli Creek Road, Cooroy
                                                                              Lot 20 on RP 141938



Performance outcomes                             Acceptable Outcomes

PO5                                                                          The proposed
Uses such as nature-based tourism, outdoor No acceptable outcome             dwelling is to be
education, environment facilities and outdoor provided.                      used at the main
sport and recreation may be appropriate                                      residence on the
where:                                                                       site.


they cannot be more appropriately located in
                                                                             The proposed is
urban areas;
                                                                             situated within the
they have an indelible connection to rural or                                Agricultural Land
ecological values of the site;                                               Conservation Area
                                                                             as there are no
there is an overriding community benefit of
                                                                             alternate locations
the development;
                                                                             on the site that are
they are not located on Agricultural Land                                    not within the
Conservation Area as shown on                                                overlay.
the Agricultural Land Overlap Maps in
schedule 2 or are temporary in nature so as
not to compromise agricultural uses in the
future; and

they do not interfere with
remnant vegetation or ecologically important
areas.

PO6                                                                          Not Applicable
Extractive industry operations are limited to    No acceptable outcome
designated Key Resource Areas and at other       provided.
known resources deposits where:


best practice environmental management is
met;

the amenity of residents in the vicinity
of extractive industry operations is
maintained;

they do not conflict with agricultural
operations;

the safety of rural roads is ensured; and

the visual amenity of the rural area as viewed
from the major road network is protected.




                                                                                       8|Page

Page 10

Development Application                                         161 Cooroy Belli Creek Road, Cooroy
                                                                               Lot 20 on RP 141938




Built form Table 6.8.3.3 Criteria for assessment (part)


Performance outcomes               Acceptable Outcomes

Built form
Building height and scale                                                              Complies
PO7                                AO7.1
                                   Buildings are no more than two storeys in
Buildings and other structures:
                                   height.

 1. are low rise;                  AO7.2
                                   With the exception of Class 10 buildings or
 2. minimise the appearance of
                                   structures used exclusively for a rural
    bulk to adjacent properties,
                                   activity, buildings and structures are no more
    roads or other areas in the    than 8 metres in building height providing that
    vicinity of the site; and      they may be up to 9 metres where the pitched
 3. respect the scale of           roof but no other part of the building or
    surrounding vegetation and     structure exceeds 8 metres.
    maximises opportunities to
    retain                         Alternative provision to the QDC
    existing vegetation on site.
                                   AO7.3
                                   With the exception of Class 10 buildings or
                                   structures used exclusively for a rural activity,
                                   individual buildings or roofed structures do not
                                   exceed 500m2 gross floor area.

                                   AO7.4
                                   Class 10 buildings used exclusively for the
                                   purpose of animal
                                   husbandry, aquaculture, cropping, intensive
                                   animal industry, intensive horticulture or rural
                                   industry do not exceed 12 metres in height.

                                   AO7.5
                                   A structure, not constituting a building, used
                                   exclusively for the purpose of animal
                                   husbandry, aquaculture, cropping, intensive
                                   animal industry, intensive horticulture or rural
                                   industry does not exceed 15 metres in
                                   height.

                                   AO7.6
                                   Where excavation is required, the maximum
                                   portion of the exposed external façade of
                                   the building cannot exceed the
                                   respective building heights in AO1.1 , AO.2,
                                   AO7.3, AO7.4 and AO7.5 above.
                                   Editor's note—refer to figure AP3-13A




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Page 11

Development Application                                             161 Cooroy Belli Creek Road, Cooroy
                                                                                   Lot 20 on RP 141938




Performance outcomes                   Acceptable Outcomes
Setbacks                                                                               The proposed is
PO8                                   AO8.1                                            seeking to be
Notwithstanding that intensive rural
                                      Buildings used to house animals, temporary situated 13m
activities may need greater
separation distances, buildings and
                                      holding yards, structures containing areas of from the front
other structures are appropriately    animal waste or by-product disposal are not boundary and
sited and designed to:                within 100 metres of:                            10m from the
                                                                                       side property
                                                                                       boundary
 1.   avoid environmental harm or      1. the boundary of properties in a
                                                                                       outside the
      nuisance to sensitive land            residential zone including the rural
                                                                                       riparian buffer
      uses, including adverse               residential zone;
      impacts on amenity values,                                                       zone and within
                                       2. a sensitive land use;
      over and above what could        3. the boundary of adjoining properties in the Agricultural
      reasonably be expected in the         the environmental management and           Land
      rural zone;                           conservation zone; or                      Conservation
 2.   avoid adverse impact             4. a waterway shown on the Biodiversity, Area. Site
      on ecologically important             Waterways and Wetlands Overlay             constraints such
      areas including National Parks,       maps in schedule 2.                        as slope,
      watercourses, and wetlands; AO8.2                                                vegetation and
 3.   mitigate risks associated with Buildings or structures which are used for the the Riperian
      the use of chemicals or air     storage of chemicals or machinery,               Buffer Zone
      pollutants; and                 stockpiling of composting or organic             prevent the
 4.   avoid conflict with rural uses fertilisers, or which support artificial lighting structure being
      and activities on adjoining
                                      or irrigation sprayers are not within 100        in a compliant
      properties.
                                      metres of:                                       location.
Editor's note- For uses that are
                                        1. the boundary of properties in a
subject to impact assessment,
                                           residential zone including the rural
required setback and separation            residential zone;
distances will vary with the scale      2. a sensitive land use;
and type of rural activity. Relevant    3. the boundary of adjoining properties in
factors that will be taken into            the environmental management and
account when determining                   conservation zone; or
appropriate distances include the       4. a waterway shown on the Biodiversity,
type and scale of buildings and            Waterways and Wetlands Overlay
structures proposed, the use of            maps in schedule 2.
buildings and structures,
construction methods, level of         AO8.3
containment and ventilation,           With the exception of a roadside stall,
potential noise, odour or air          buildings and structures associated with a
pollutant nuisance, topography,        rural activity or industrial activity are set back
climatic variables,                    20 metres from a road reserve or 40 metres
existing vegetation between land       from any part of the major road network.
uses, and a range of management
                                       AO8.4


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Page 12

Development Application                                          161 Cooroy Belli Creek Road, Cooroy
                                                                                Lot 20 on RP 141938




Performance outcomes                  Acceptable Outcomes
practices that can be employed to     In addition to the circumstances of AO8.1, to
mitigate off-site impacts.            AO8.3 above, buildings and structures meet
                                      the following minimum boundary setbacks:

                                       1. 20 metres from a property boundary of
                                           adjoining land in the Environmental
                                           management and conservation zone;
                                       2. a distance greater than the width of
                                          the riparian buffer area shown on
                                          Biodiversity, Waterways
                                          and Wetland Overlay maps;
                                       3. 10 metres from a road frontage; and
                                       4. 10 metres from the side and rear
                                          boundaries or 6 metres where the lot
                                          area does not exceed 1 hectare, with
                                          the exception that if the height of
                                          the building or structure exceeds 9
                                          metres the setback to the side and rear
                                          boundaries is equal to twice its height in
                                          metres.

                                      AO8.5
                                      On properties over 2 hectares in area, a
                                      distance of not less than 200 metres is
                                      provided between a sensitive land use and
                                      land on an adjacent rural zone property over
                                      4 hectares in mapped Agricultural Land
                                      Conservation Area.

                                      Alternative provision to the QDC


Safety and amenity Table 6.8.3.3 Criteria for assessment (part)

Performance outcomes                Acceptable Outcomes

Safety and amenity
PO9                                                                      Complies
Development does not result in      No acceptable outcome provided
environmental harm or
environmental nuisance
to sensitive land uses.

PO10                            AO10                                 Complies
Development does not            Safe vehicular access is provided to
compromise the safety, capacity and from the site without adversely


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Page 13

Development Application                                             161 Cooroy Belli Creek Road, Cooroy
                                                                                   Lot 20 on RP 141938




Performance outcomes                   Acceptable Outcomes
or operation of the road               impacting on the safety of the road
network.                               network.


Environment and heritage Table 6.8.3.3 Criteria for assessment (part)

Performance outcomes                       Acceptable Outcomes

Environment, heritage and scenic amenity
PO11                                     AO11.1                                  Complies
Development does not have a              Development does not result in
significant adverse impact on the
                                         sediment, soil or other material
natural values of the site including
through:
                                         including building materials or waste
                                         products being released into the road
                                         reserve, stormwater drains, waterways
 1.   loss of biodiversity values, fauna or adjacent properties.
      habitat and fish passage;
 2.   changes to natural drainage;       AO11.2
 3.   disturbance to                     Natural Vegetation is retained wherever
      any wetland systems;
                                         possible.
 4.   erosion and the transport of
      sediments off site (including
                                         AO11.3
      pollutants and other
      contaminants which would           Where there is a nominated building
      affect the capacity of             envelope on the lot, clearing of
      agricultural lands);               native vegetation and building works do
 5.   worsening of landslide or fire     not extend beyond the building
      risk;                              envelope, except for the purposes of a
 6.   on-site effluent disposal;         driveway access.
 7.   creation of dust and air
      pollutants;
 8.   disturbance of buildings and
      features, including natural
      features, of cultural heritage
      significance.
PO12                                       AO12                                   Complies
Development and                            Development and associated site works,
associated site works do not directly,     including filling and excavation are
indirectly or cumulatively cause           designed and constructed to ensure
adverse impacts external to the            overland flow and/or flooding is not
development site by:                       worsened, impeded, or otherwise
                                           diverted to adversely affect other
                                           properties.
 1. causing ponding of water;
 2. increasing flooding, which
    adversely affects the safety or



                                                                                           12 | P a g e

Page 14

Development Application                                         161 Cooroy Belli Creek Road, Cooroy
                                                                               Lot 20 on RP 141938




Performance outcomes                   Acceptable Outcomes
    use of any land upstream and
    downstream;
 3. adversely affecting the flow of
    water in any overland flow
    path.
Scenic amenity                                                                    Complies
PO13                                   AO13
Development does not detract from      Development on land adjoining
the scenic amenity of the hinterland   the major road network, Lake
as experienced from the major road     Macdonald or the Noosa River system
network or waterways.                  minimises visual impacts on the scenic
                                       amenity of the roadway or waterway by:


                                        1. sensitive siting and design of
                                           buildings, structures, driveways and
                                           works;
                                        2. retaining existing vegetation;
                                        3. incorporating landscape treatments
                                           to visually screen and soften
                                           development; and
                                        4. incorporating building materials
                                           and external finishes that are
                                           compatible with the site’s visual
                                           character and landscape setting.

                                       Editor’s Note— Residential buildings
                                       should be predominantly finished in
                                       colours and materials that blend well
                                       with the colours and hues of the
                                       surrounding vegetation and landscape
                                       without causing glare or reflection.
                                       For agricultural buildings, colours and
                                       textures that blend with the natural
                                       setting are preferred however if not
                                       practical, buildings should at least be
                                       well maintained and/or visually
                                       screened.
PO14                                                                              Not Applicable
The visual amenity of Lake         No acceptable outcome provided
Macdonald, its foreshores and
immediate surrounds are maintained
or improved including views:




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Page 15

Development Application                                           161 Cooroy Belli Creek Road, Cooroy
                                                                                 Lot 20 on RP 141938




Performance outcomes                    Acceptable Outcomes
 1. from the lake;
 2. to the lake and beyond when
    viewed from private lands and
    from public areas, including the
    Botanical Gardens.
Sloping sites and ridgelines                                                          Complies
PO15                                    AO15.1
The landscape character and visual      To protect scenic amenity and other
amenity quality of hill slopes and      landscape qualities, buildings, structures
ridgelines are retained and buildings   and associated accessways are not
and structures:                         constructed on land with a slope greater
                                        than 25%.

 1. are visually responsive to the
                                       AO15.2
    natural topography of the site,
                                       On sloping sites or on ridgelines at the
    sitting within the landscape
    rather than dominating it;         uppermost edge of a hill slope:
 2. step down slopes or use
    suspended floor construction,       1. roof lines are generally parallel with
    minimising cut and fill and              contours of the land;
    avoiding benching of the site;      2.   roofs do not exceed a pitch of 15
 3. allow for retention of                   degrees; and
    natural vegetation that assists in 3. buildings do not protrude above the
    screening or visually softening          height of prevailing vegetation.
    development; and
 4. incorporate materials, finishes Editor's note- refer to Figure
    and colours that complement        6.9.1A and Figure 6.9.1B. and Figure
    the natural setting and integrate AP3-3B.
    with the landscape and skyline.
                                       AO15.3
                                       Cut or fill is less than 1.5 metres in depth
                                       relative to natural ground surface.

                                        Editor’s Note— On visually prominent hill
                                        slopes or ridgelines residential buildings
                                        should be predominantly finished in
                                        colours and materials that blend well
                                        with the colours and hues of the
                                        surrounding vegetation and landscape
                                        without causing glare or reflection.
                                        Broad expanses of a single colour are less
                                        desirable and where possible should be
                                        broken up by other colours or design
                                        elements. Shades in the violet, blue,
                                        green and yellow-green side of the


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Page 16

Development Application                                           161 Cooroy Belli Creek Road, Cooroy
                                                                                 Lot 20 on RP 141938




Performance outcomes                    Acceptable Outcomes
                                        spectrum, as well as greys or browns,
                                        should be appropriate with whites or
                                        bright colours restricted to trimmings.
                                        For agricultural buildings, colours and
                                        textures that blend with the natural
                                        setting are preferred however if not
                                        practical, buildings should at least be
                                        well maintained and/or visually
                                        screened.

Noosa Trail Network Table 6.8.3.3 Criteria for assessment (part)

Performance outcomes             Acceptable Outcomes

Noosa Trail Network
PO16                             AO16.1                                  Not Applicable
A comprehensive network of Development includes linkages to or
bridle trails and pedestrian     between existing or future
and bicycle linkages is          components of the Noosa Trail
established, enhanced and        Network, as indicated on the Strategic
protected incorporating road Framework Infrastructure Map
reserves, State forests, Council
owned land and private lands AO16.2
consistent with the lifestyle    Development does not have an
and outdoor recreation needs adverse impact on
of Noosa Shire’s residents       the access functions of the Noosa Trail
and visitors.                    Network.




Conclusion
As demonstrated by this planning report and code assessment submitted the proposed Secondary
Dwelling generally complies with the overall outcomes and intent of the Rural Zone Code. On this basis,
the proposal should be granted approval subject to reasonable and relevant conditions.




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