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Town Planning Assessment Report
Mur
Town Planning
Assessment Report
218 Cooroy Belli Creek Road, Cooroy
Development Permit for Material Change of Use of Premises to establish
a Dwelling House
February 2022
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Page 2
Table of Contents
1. SITE AND APPLICATION SUMMARY ................................................................................................................ 3
2. PROPOSAL.............................................................................................................................................................................. 4
3. BACKGROUND.................................................................................................................................................................. 5
4. SITE DETAILS ........................................................................................................................................................................ 6
5. ASSESSMENT REQUIREMENTS............................................................................................................................... 6
5.1. FRAMEWORK FOR ASSESSMENT .............................................................................................................................. 6
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 .................................. 7
5.3. ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME.................................................... 7
5.3.1. DEFINITION............................................................................................................................................................... 7
5.3.2. LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS................................................................... 8
5.3.3. ASSESSMENT BENCHMARKS ................................................................................................................................ 8
6. CONCLUSION ................................................................................................................................................................. 15
Appendices
Appendix A Proposal Plan
Disclaimer: While every care has been taken in preparing this report, Brennan Planning Pty Ltd accepts no responsibility for decisions
or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our
knowledge, the content was correct at the time of publishing.
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Page 3
1. Site and Application Summary
Applicant
Applicant: Philip and Debra Townsend C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Philip and Debra Townsend
Application
Development Permit for Material Change of Use of Premises
Development Application:
to establish a Dwelling House
Level of Assessment: Code Assessable
Referral Agencies: Nil
Assessment Manager Noosa Shire Council
Subject Site
Address: 218 Cooroy Belli Creek Road, Cooroy
Lot Description: Lot 4 on SP226704
Area: 37.1334ha
Nil
Easement(s):
Regional Plan Designation Regional Landscape and Rural Production Area
Planning Scheme Noosa Plan 2020 (25 September 2020)
Local Plan: Not Applicable
Zone: Rural
Overlays: + Agricultural Land Overlay (Agricultural Land Conservation
Area)
+ Biodiversity, Waterways and Wetlands (Area of
Biodiversity Significance, Waterways, Riparian Buffer
Area)
+ Bushfire Hazard Overlay (High and Medium Potential,
Impact Buffer)
+ Landslide Hazard (High, Moderate)
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2. Proposal
This application seeks an approval for a Development Permit for Material Change of Use to establish a
Dwelling House.
The dwelling is to be positioned on a raised, level part of the site, centrally along its northern boundary. The
dwelling is single storey design and has a maximum height of 7.5m above the ground level and a gross floor
area of 352m2. The dwelling is to be setback 6m from its outmost projection to the northern boundary of the
site. There is an existing structure positioned to the west of the proposed dwelling. This building will be used
by Philip to conduct a home -based business for the purpose of a biomedical research laboratory.
Access to the dwelling will be achieved via an existing gravel driveway that gains access to Cooroy Belli
Creek Road in the eastern corner of the site.
Please refer to the Figures 1 -2 below and the attached plans for further details.
Figure 1 - Building Location
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Figure 2 - Site Plan
Figure 3 - Perspective View
Please refer to Appendix A – Proposal Plans for further details.
3. Background
Noosa Council’s Application Tracking system reveals the following development applications be relevant
over the site:
Application Number Submitted Date Details Decision
PC20/0525 01/05/2020 Shed Approved
112009.1701 09/12/2009 Dwelling and Shed Application Lapsed
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4. Site Details
The subject site is an irregular shaped rural allotment that gains access via Cooroy Belli Creek Road to the
west. The site has a total area of 37.1334ha and contains an existing structure positioned midway along the
site’s northern boundary. Waterways transect through the southern portion of the site, running in an easterly
direction. The waterways contain associated riparian buffer areas and small patches of vegetation that are
identified to be of significance by the planning scheme. The site is surrounded by rural zoned properties that
are used for rural and rural residential lifestyle purposes. Phillip and Debra also own the adjoining rural
property to the north through their company TG equipment.
Figure 3 – Aerial Photograph of Subject Site
5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
+ the Planning Regulation 2017
+ the Planning Scheme for the local government area
+ any temporary local planning instrument
+ any variation approval
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Of these, the planning instruments relevant to this application are discussed below:
5.2. Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application
must be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
• the SEQ Regional Plan;
• Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
Planning Scheme; and
• Schedule 10 of the Regulation.
An assessment against the applicable benchmarks contained within the Planning Regulation is provided
below:
SEQ Regional Plan
The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan (SEQRP). The proposed dwelling house is consistent with the goals, elements and strategies
for the Regional Landscape and Rural Production area designation.
Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the planning scheme and would not warrant further assessment.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
5.3. Assessment Benchmarks Relating to the Planning Scheme
5.3.1. Definition
The Noosa Plan 2020 defines a Dwelling House as:
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 proposed dwelling house and domestic outbuilding is to be used as one household and consequently
meets the definition of a dwelling house under the planning scheme.
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5.3.2. Level of Assessment and Assessment Requirements
The site is a located within the Rural Zone under the Noosa Plan 2020. Pursuant to Table 5.5.13 of the planning
scheme, a Dwelling House is ‘accepted development subject to requirements’.
5.3.3. Assessment Benchmarks
Table 5.5.13- Rural Zone
Pursuant to Table 5.5.13 of the Noosa Plan 2020, the proposed building works are accepted development
subject to the following requirements:-
Table 6.2.1
Requirements for Accepted Development
Rural Zone Code
AO2.4, AO7.1, AO7.2, AO7.3, AO8.4, AO8.5, AO12, AO13 and
AO15 of the Rural Zone Code
Low Density Housing Code
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
An assessment against the abovementioned applicable codes has revealed that the development is
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of an assessment
against each of the codes are discussed below.
Rural Zone Code
Performance Outcomes Acceptable Outcomes Compliance
PO2 AO2.4 PO2 - Performance Outcome
Development does not result in the No sensitive land use is established
loss or diminished productive closer than 200 metres from land on The proposal would establish a
capacity of Agricultural Land an adjacent property included in the new dwelling house closer than
Conservation Area. Rural zone and mapped 200m from land on an adjacent on
as Agricultural Land Conservation an adjacent rural zoned property
Area as shown in Agricultural Land mapped as agricultural land
Overlap Maps in schedule 2. conservation area and
consequently not achieve AO2.4 of
the code.
Despite the non-compliance with
AO2.4, it is considered that the
proposed dwelling would not result
in the loss or diminished productive
capacity of Agricultural Land
Conservation Area and
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consequently achieve PO2 of the
code for the following reasons:
• the dwelling is to be located on
a flat level part of the site that
will require minimal changes to
the natural land form and is
least constrained by
environmental factors and
landslide hazard areas;
• there is an existing structure
positioned adjacent to the
house site that the dwelling
would be sited in close
proximity to this structure;
• Philip and Debra own the
adjoining property to the north
which is used for low intensity
grazing purposes and the
proposed dwelling will not
negatively impact on the use of
this land; and
• A dwelling house is compatible
with and reasonably expected
within the rural landscape.
Building height and scale AO7.1 AO7.1 - Complies
PO7 Buildings are no more than two The building has a height 1 storey.
storeys in height.
Buildings and other structures:
AO7.2
are low rise; With the exception of Class 10 AO7.2 - Complies
buildings or structures used The building has a maximum
minimise the appearance of bulk to exclusively for a rural height in metres of 7.5m.
adjacent properties, roads or other activity, buildings and structures are
areas in the vicinity of the site; and no more than 8 metres in building
height providing that they may be up
respect the scale of to 9 metres where the pitched roof
surrounding vegetation and but no other part of the building or
maximises opportunities to retain structure exceeds 8 metres.
existing vegetation on site.
AO7.3
With the exception of Class 10
buildings or structures used AO7.3 - Complies
exclusively for a rural activity, The proposed dwelling has a
individual buildings or roofed Gross Floor Area of approximately
structures do not exceed 352m2.
500m2 gross floor area.
Setbacks AO8.4 PO8 - Performance Outcome
PO8 In addition to the circumstances of The proposed dwelling provides a
Notwithstanding that intensive rural AO8.1, to AO8.3 above, buildings and minimum setback of 6m setback
activities may need greater structures meet the following from the western side boundary
separation distances, buildings and minimum boundary setbacks: and consequently encroaches into
other structures are appropriately the 10m setback. While not meeting
sited and designed to: a) 20 metres from a property Acceptable Outcome AO8.4 (d)
boundary of adjoining land in the and AO8.5 of the Rural Zone Code,
a) avoid environmental harm or Environmental management and it is considered that the proposal
nuisance to sensitive land uses, conservation zone; complies with Performance
including adverse impacts on b) a distance greater than the width Outcome PO8 of the Code for the
amenity values, over and above of the riparian buffer area shown following reasons:
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what could reasonably be on Biodiversity, Waterways
a) The proposed dwelling would
expected in the rural zone; and Wetland Overlay maps;
not cause environmental harm
c) 10 metres from a road frontage;
or nuisance to sensitive land
b) avoid adverse impact and
on ecologically important uses including adverse
d) 10 metres from the side and rear impacts on amenity values,
areas including National Parks, boundaries or 6 metres where the
watercourses, and wetlands; over and above what would be
lot area does not exceed 1 expected within the zone for
hectare, with the exception that if the following reasons:
c) mitigate risks associated with the height of the building or i. the dwelling is located on
the use of chemicals or air structure exceeds 9 metres
pollutants; and clear and level ground
the setback to the side and rear adjacent to an existing
boundaries is equal to twice its structure and will avoid
d) avoid conflict with rural uses height in metres. causing environmental
and activities on adjoining
harm;
properties.
ii. the dwelling is located
AO8.5 220m from the closest
On properties over 2 hectares in area, dwelling to the west, at 107
a distance of not less than 200 Evans Road, which in itself
metres is provided between contains built to boundary
a sensitive land use and land on an structures;
adjacent rural zone property over 4 iii. the proposed dwelling is
hectares in mapped Agricultural Land separated by a distance of
Conservation Area. 445m from the dwelling
located on the adjoining
property to the north at 16
Palm Grove Road, of which
is also owned Philip and
Debra through their
company TG Equipment;
iv. the proposed dwelling has
large pitched gable roofs
and is of a character and
appearance that is
compatible with the rural
zone;
b) The dwelling will avoid causing
impacts on ecologically
important areas pertaining to
the site, being well separated
from the mapped waterway
transecting the site by a
distance of 145m;
c) The dwelling will not cause
potential risks associated with
the use of chemicals or air
pollutants; and
d) The dwelling will not cause
conflicts with rural uses and
activities on adjoining
properties. As mentioned
earlier, Phillip and Debra own
the adjoining property to the
north and it is only used for low
intensity grazing proposes.
Further, a 4m reduction to the
setback would not impact on
the future uses of the adjoining
property.
AO12 - Complies
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PO12 AO12 The proposed site works will not
Development and Development and exacerbate flooding or overland
associated site works do not associated site works, including filling flow issues.
directly, indirectly or cumulatively and excavation are designed and
cause adverse impacts external to constructed to ensure overland flow
the development site by: and/or flooding is not worsened,
impeded, or otherwise diverted to
causing ponding of water; adversely affect other properties.
increasing flooding, which adversely
affects the safety or use of any land
upstream and downstream;
adversely affecting the flow of
water in any overland flow path.
AO13 AO13 - Complies
Development on land adjoining
the major road network, Lake Cooroy Belli Creek Road is
Macdonald or the Noosa River mapped as part of the major road
system minimises visual impacts on network. The proposed dwelling is
the scenic amenity of the roadway setback 350m from the road
or waterway by: frontage and will not be visually
perceptible from the road frontage.
sensitive siting and design of
buildings, structures, driveways and
works;
retaining existing vegetation;
incorporating landscape treatments
to visually screen and soften
development; and
incorporating building materials and
external finishes that are compatible
with the site’s visual character and
landscape setting.
Sloping sites and ridgelines
PO15 AO15.1 AO15.1 - Complies
The landscape character and visual To protect scenic amenity and other Access to the building will be
amenity quality of hill slopes and landscape qualities, buildings, gained via an existing driveway
ridgelines are retained and buildings structures and associated through the site. The driveway is
and structures: accessways are not constructed on not on land steeper than 25%
land with a slope greater than 25%.
a) are visually responsive to the
natural topography of the site, AO15.2 PO15 - Performance Outcome
sitting within the landscape On sloping sites or on ridgelines at the The proposed dwelling is located
rather than dominating it; uppermost edge of a hill slope: on a level area at the top of the
hillside. The building is positioned to
b) step down slopes or use a) roof lines are generally parallel have its long axis parallel to the
suspended floor construction, with contours of the land; contours and would not protrude
minimising cut and fill and above the height of vegetation to
avoiding benching of the site; b) roofs do not exceed a pitch of 15 the north and east which exceeds
degrees; and 10m in height. However, the pitch of
c) allow for retention of the roof exceeds 15 degrees and
natural vegetation that assists in consequently does not comply
with the acceptable outcome.
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screening or visually softening c) buildings do not protrude above Despite the non-compliance, it is
development; and the height of considered that it complies with
prevailing vegetation. PO15 of the code as the landscape
d) incorporate materials, finishes character and visual amenity of the
and colours that complement AO15.3 hillside will be retained for the
the natural setting and integrate Cut or fill is less than 1.5 metres in following reasons:-
with the landscape and skyline. depth relative to natural ground • the dwelling is single storey
surface. and has a maximum height of
7.5m, well below the height of
9m permitted for pitched roof
in rural areas;
• the proposed roof pitch of 30
degrees is consistent with
traditional ‘Queenslander’
character houses of which
predominantly have roofs at
30 degree pitches; and
• the proposed roof form will
complement the rural
character of the area
AO15.3 - Complies
Cut and fill levels will remain less
that 1.5m in height relative to the
natural ground level.
Low Density Housing Code
Performance Outcomes Acceptable Outcomes Compliance
Removal homes AO2.1 AO2.1 - Not Applicable
PO2 Any part of a removal home that is
affected by termite attack, borers, dry
A removal home— rot or severe weathering or is
damaged as a consequence of
does not have an adverse impact relocation, is repaired or replaced
on the amenity of the premises or using new or sound second-hand
surrounding premises; and materials.
maintains the safety of people and
property.
Housing choice PO3 AO3 AO3 - Not Applicable
A secondary dwelling: A secondary dwelling: The proposal does not incorporate
a secondary dwelling.
forms part of a dwelling house and a) has a maximum gross floor
is not subdivided from the balance area of 65m²;
of the dwelling house;
b) has no more than 2 bedrooms;
contributes to housing choice for
members of the one household; c) does not occur on any property
covered by a Building Unit Plan;
protects the low density residential, and
rural residential or rural character of
the zone; d) does not occur on a property that
already contains a dual
does not occur on a property occupancy or secondary
covered by a Building Unit Plan or dwelling.
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any property already containing
more than one dwelling;
is accompanied by sufficient car
parking.
Service and utilities AO5.2 AO5.2 - Complies
PO5 Where there is no reticulated water
Development is provided with: supply, the premises is serviced with a Water tank capacity will exceed
60,000L.
rainwater tank with the following
a) a level of infrastructure and minimum water supply capacity:
services that is appropriate to
its setting and sufficient for the a) for dwellings with no more than 3
intended use; bedrooms – 45,000 litres; or
b) an effluent treatment and b) for dwellings of more than 3
disposal system that does not bedrooms or where including
have an adverse effect a secondary dwelling on the
on ecologically important same premises – 60,000 litres.
areas or water quality; and
c) adequate onsite water storage AO5.3
to support the efficient use of If located on a lot where reticulated AO5.3 - Complies
water and is adequate for sewerage is not available to the lot, The dwelling will be connected to
everyday use of the occupants. the dwelling is connected to an on- an onsite effluent disposal system.
site effluent treatment and disposal
system.
AO8 - AO14 - Not Applicable
An existing driveway will be used to access the proposed dwelling. No additional works are proposed.
Bushfire Hazard Management AO15 AO15 - Complies
PO15 Within a bushfire hazard area where
The proposed dwelling is located
Where located in a Bushfire Hazard there is no reticulated water supply,
Area as shown on the Bushfire the premises has: outside of the bushfire hazard area
applying to the land. Further, the
Hazard Overlay Map in Schedule 2
dwelling will have access to water
and not in a water service area, an a) an accessible dam, swimming
tanks and dams that exceed
adequate, reliable, safely located pool or water tank available for
5000L in capacity.
and freely accessible water supply firefighting purposes with an
is provided for fire fighting purposes, onsite water volume of not less
which is in addition to day to day than 5,000 litres; and
water supply.
b) a water supply outlet pipe 50
millimetres in diameter and fitted
with a standard fire brigade fitting
connected to the water supply
(other than where the water
supply is in a swimming pool or
dam).
Flood Hazards AO16.1 AO16.2 - Not Applicable
PO16 Where the development is located in
Development is designed and sited the Flood Hazard Area as shown The dwelling is not located in a
to ensure risk to people and on Flood Hazard Overlay Map in Flood Hazard Area.
property from flooding is avoided or Schedule 2, the finished floor level is at
minimised. least 300mm above the DFE
Or
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AO16.2
Where the DFE has not been modelle
d for the area, the finished floor level of
habitable rooms is at least
500 millimetres
above the highest recorded flood.
Major Electricity Infrastructure & AO18.1 AO18.1 - Not Applicable
Substations Development including any sensitive
PO18 land uses is at least: The dwelling is not located in the
vicinity of major electrical
Development is sufficiently
separated from major electricity a) 50 metres from a infrastructure.
infrastructure and substations to transmission substation;
minimise the likelihood of nuisance
or complaint. b) 10 metres from any
other substation; and
c) 30 metres from a transmission
line easement.
AO18.2
AO18.2. - Not Applicable
Habitable buildings are not located
within an easement for a distribution
line.
PO19 AO19 AO19 - Complies
Development is located and Noise emissions do not exceed
There are no sources that would
designed to avoid or minimise noise 5db(A) above background noise level
create excessive noise in the
nuisance from the use of internal to a
infrastructure. habitable building measured in vicinity of the site
accordance with AS1055.
Landslide Hazard Area AO22.1 AO22.1 - AO22.4 - Complies
PO22 Development, including
A portion of the proposed dwelling
Development maintains the safety associated access, is not located on
and access is identified to be within
of people, property and hazardous land identified as a landslide hazard
materials stored in bulk from the risk area on a Landslide Hazard Overlay a moderate hazard are as identified
in the figure below.
of landslide Map.
AO22.2
Development, including
associated access, is located outside
moderate, high and very high
landslide hazard areas and areas with
15% slope or greater, as determined
by a site-specific slope-analysis.
While located in a hazard area, a
Editor's Note—A site- specific condition of approval can be
geotechnical assessment may be imposed which requires that a site-
used to demonstrate that although specific geotechnical assessment
the proposed development is shown must be undertaken by an RPEQ
on the Landslide Hazard Overlay as which either determines the risk to
being in the moderate, high or very be low or certifies that:
high landslide hazard area, the a) the stability of the site, including
landslide risk is low or very low. associated buildings and
infrastructure, will be
OR maintained and operational for
the life of the development;
AO22.3
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A site-specific geotechnical b) the site is not subject to the risk
assessment is prepared by a of landslide activity originating
registered professional engineer to from other land, including land
certify that: above the site; and
a) the stability of the site, including c) development of the site will not
associated buildings and increase the risk of landslide
infrastructure, will be maintained activity on other land.
and operational for the life of the
development; A condition can also be imposed
b) the site is not subject to the risk of requiring that any measures
landslide activity originating from recommended are to be fully
other land, including land above implemented.
the site; and
c) development of the site will not
increase the risk of landslide
activity on other land.
Editor's Note— PSP8 Natural
Hazards provides further guidance on
assessing landslide hazard.
AO22.4
Any specific measures identified in
a site specific geotechnical
assessment for stabilising the site or
development are to be fully
implemented.
6. Conclusion
This report has identified that the proposed dwelling house complies with the relevant benchmarks contained
within the Noosa Plan 2020 and does not raise any significant issues that cannot be addressed by reasonable
and relevant conditions on the following basis:
This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or any aspect
of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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