MCU14/0103 Material Change of Use Application for a Detached House in Conservation Zone situated at 146 Solar Road, Cooroy Mountain

MCU14/0103 Material Change of Use Application for a Detached House in Conservation Zone situated at 146 Solar Road, Cooroy Mountain

Document information
Author	Development Planner, Jack Lewis
Planning & Infrastructure Department

Index	ECM / Application / MCU14/0103

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Carol Gordon C/ Martoo Consulting
Proposal	Development Permit for Material Change of Use for a Detached House
Properly Made Date	22 December 2014
Decision Due Date	12 March 2015
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	146 Solar Road, Cooroy Mountain
RP Description	Lot 14 on SP223759
Land Area	4.325 ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Cooroy & Lake Macdonald
Zone	Rural & Open Space Conservation
Overlays	Biodiversity Overlay (Riparian Buffer & Environmental Protection) Natural Resources Overlay (Water Supply Catchment) Natural Hazard (Bushfire Hazard)
Assessment Type	Inconsistent - Impact

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation Committee Meeting dated 3 March 2015 regarding Application No. MCU14/0103 for a Development Permit for Material Change of Use for a Detached House situated at 146 Solar Road, Cooroy Mountain and
Approve the application in accordance with the following conditions:
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.
Approved Plans
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
A101	L	Cover Sheet prepared by Southern Cross Design & Drafting	26/11/2014
A102	L	Site Plan prepared by Southern Cross Design & Drafting	26/11/2014
A104	L	Ground Floor Plan prepared by Southern Cross Design & Drafting	26/11/2014
A105	L	Elevations prepared by Southern Cross Design & Drafting	26/11/2014
Landscaping
Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved dwelling.  In this regard, the removal of native vegetation must not extend beyond the approved building footprint.
Other
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
External colours and finishes of the building must comprise muted/environmental tones that blend with the natural environment.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:

The proposed development is appropriately sited, will not require the removal of any existing vegetation within the Open Space Conservation zone, and is within an existing disturbed part of the site.

The proposed house does not conflict with any of the values intended to be protected by the Open Space Conservation zone and will not adversely impact on the Mount Cooroy Conservation Park.

REPORT
PROPOSAL
The application seeks approval for a detached house within the Open Space Conservation zone at 146 Solar Road, Cooroy Mountain. The 4.325ha subject lot has a split zoning (Rural and Open Space Conservation). A zoning map of the subject site is included below.

In 2008, the Open Space Conservation zoned portion of the lot was excised from the adjoining Mount Cooroy Conservation Park by the State, so that all existing buildings, paddocks and fences were maintained within the relevant lot. The boundary realignment followed the existing vegetation constraints and allowed for existing stock yard structures to be incorporated within private land rather than state land.

The applicant proposes to locate the new house within an area zoned Open Space Conservation. The application is before Council as a detached house is an inconsistent use within the Open Space Conservation zone.
site details
Background
On the 11 September 2008, Council issued an approval for a boundary realignment, following the State’s agreement to do a land swap with part of lot 14 and the Mount Cooroy Conservation Park, thereby creating the subject lot (08/1226).
Site Description
The subject site is 4.325 ha and is located 1.5km to the east of Mount Cooroy. The site gently slopes from the top of a small spur located along the south western portion of the site down to the north eastern boundary.

The site is currently vacant with recent earthworks undertaken on the high point of the site to establish the proposed house site area. Existing vegetation is limited to a strip along the eastern boundary and scattered trees in the centre of the site.

Access is gained via an easement from Solar Road, which forms part of the Sunshine Coast Council local government area.
Surrounding Land Uses
The site adjoins similar sized rural lots. To the north is the Mount Cooroy Conservation Park, which forms a continuous parcel that contains the majority of the mountain in state ownership.
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 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;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions; and
The Noosa Plan;
Of these, the statutory planning instruments relevant to this application are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Regulatory Provisions
The proposal is for a single detached house within the Regional Landscape and Rural Production Area and is consistent with the SEQ Regional Plan Regulatory Provisions.
Statutory Instruments – Planning Scheme
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural and Open Space Conservation. The proposed use is identified as an inconsistent use in the Open Space Conservation zone and is required to follow an impact assessable application process.
Locality Provisions
The Overall Outcomes for the Open Space Conservation zone seek the natural environmental values warranting conservation status are protected and appropriately managed to the general exclusion of development.
The proposed detached house is to be located more than 40m away from the natural bushland areas within the Mount Cooroy Conservation Park. The development is also located within a disturbed part of the site, previously used for agricultural sheds. The proposal is consistent with development on the adjoining rural zoned lots and includes adequate separation to the vegetated areas to the north.
Council’s Principal Strategic Planner acknowledges that the current zoning does not reflect the current tenure and the land exchange with the Mount Cooroy Conservation Park area, which occurred in 2008. The current round of amendments to The Noosa Plan do not propose to make any changes to individual zonings of properties and this matter will need to be addressed in the new Planning Scheme.
The proposed development is appropriately sited, and will not impact on the adjoining conservation values of Mount Cooroy Conservation Park, meeting the locality outcomes.
Land Use & Works Provisions
The Detached House Code is the most applicable code relating to the application. The development generally complies with the code. Standard conditions can be applied relating to water storage requirements, landscaping and colours of buildings.
Overlay Provisions
The proposed detached house does not trigger assessment against any of the overlays.
cONSULTATION
IDAS Referral Agencies
Nil
Other Referrals
The application was forwarded to the following internal Council specialists:
Coordinator Engineering Assessment
Ecologist
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. No properly made submissions were received.
conclusion
The application is for a detached house within the Open Space Conservation Zone. The use is identified as an inconsistent use within the zone, subject to impact assessment. No submissions were made during the public notification period.

Despite the proposed detached house being an inconsistent use within the zone, the application is recommended for approval for the following reasons:

The proposed development is appropriately sited, will not require the removal of any existing vegetation within the Open Space Conservation zone, and is within an existing disturbed part of the site.

The proposed house does not conflict with any of the values intended to be protected by the Open Space Conservation zone and will not adversely impact on the Mount Cooroy Conservation Park.

Departments/Sections Consulted:

	Community Services	x	Planning & Infrastructure
	Disaster Management & Public Order		Building & Plumbing Services
	Waste & Environmental Health	x	DA Planning
	Community Facilities	x	Strategic Land Use Planning
	Cultural Facilities		Asset Design & Investigations
			Asset Planning
			Civil Operations
			Environment
	Executive Office		Corporate Services
	Community Engagement		Finance
	Customer Service		ICT
	Executive Support		Procurement & Fleet
	Governance		Property & Facilities
	Human Resources		Revenue Services

[word/footer1.xml]
Page 6 of 6

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ORGANISATION COMMITTEE MEETING REPORT	3 MARCH 2015

[Attachment: image1.png (image text)]
Locality Zone Map | Legend
146 Solar Rd, Cooroy Mountain Open Space Conservation
i @ Rural
4
Subjects
\
\ 3
x
|
a
4
a