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Planning Report · MCU18/0084
Attached to the e-mail Visitor Accommodation Type 3 Rural (6 cabins) - MCU18/0084.
DEVELOPMENT ASSESSMENT REPORT
DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
(VISITOR ACCOMMODATION TYPE 3 RURAL)
340 POMONA KIN KIN ROAD, PINBARREN
LOT 26 ON M37911
File Number: 18135 May 2018
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PROJECT URBAN – 18135 May 2018
DOCUMENT INFORMATION
Project number: 18135
Report prepared for: Sarah Keating & Simon Marsh
DOCUMENT CONTROL
Revision # Date Prepared by Reviewed by Authorised by
Draft 17/04/2018 Tiani Boulton Mick Sheppard
Final 23/05/2018 Tiani Boulton Mick Sheppard Mick Sheppard
COMPANY DETAILS
Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Email: [email protected]
Disclaimer Statement
Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.
This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.
Development Assessment Report Page 2 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
340 Pomona Kin Kin Road Pinbarren
Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018 TABLE OF CONTENTS 1.0 APPLICATION SUMMARY ............................................................................................................... 4 2.0 INTRODUCTION ............................................................................................................................... 5 3.0 SITE DESCRIPTION ........................................................................................................................... 6 3.1 SUBJECT SITE ..................................................................................................................................................................... 6 3.2 SURROUNDING LAND USES........................................................................................................................................ 6 4.0 PROPOSED DEVELOPMENT............................................................................................................. 8 5.0 SUPPORTING DOCUMENTATION ................................................................................................. 10 5.1 ARCHITECTURAL ........................................................................................................................................................... 10 5.2 ON-SITE EFFLUENT DISPOSAL ................................................................................................................................. 10 5.3 OPERATIONAL PLAN ................................................................................................................................................... 10 6.0 STATE PLANNING INTERESTS ...................................................................................................... 11 6.1 PLANNING REGULATION ........................................................................................................................................... 11 6.2 STATE PLANNING POLICY ......................................................................................................................................... 11 6.3 REGIONAL PLAN ........................................................................................................................................................... 13 6.4 REFERRAL ......................................................................................................................................................................... 13 6.5 STATE DEVELOPMENT ASSESSMENT PROVISIONS ......................................................................................... 14 7.0 PLANNING SCHEME ...................................................................................................................... 15 7.1 DEFINITION ..................................................................................................................................................................... 15 7.2 LEVEL OF ASSESSMENT .............................................................................................................................................. 16 7.3 DESIRED ENVIRONMENTAL OUTCOMES............................................................................................................. 16 7.4 OVERLAYS........................................................................................................................................................................ 23 7.5 MARY RIVER CATCHMENT LOCALITY CODE ...................................................................................................... 24 7.6 ZONE CODE .................................................................................................................................................................... 25 7.7 VISITOR ACCOMMODATION CODE ...................................................................................................................... 26 7.8 PLANNING SCHEME CONFLICTS ............................................................................................................................ 27 8.0 CONCLUSIONS ............................................................................................................................... 28 SUPPORTING DOCUMENTATION SDAP Code Assessment prepared by Project Urban Architectural Plans prepared by Jim Moehead Building Design and Drafting Site and Soil Evaluation prepared by Australian Soil Investigations Operational Plan prepared by the Applicant Development Assessment Report Page 3 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
1.0 APPLICATION SUMMARY
SITE DETAILS
Address 340 Pomona Kin Kin Road, Pinbarren
Real Property Description Lot 26 on M37911
Land Area 16.992ha
Local Authority Noosa Council
Registered Landowner Simon Toby Justin Edward Marsh and Sarah Elizabeth Keating
Current Use Dwelling house
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan
Locality Mary River Catchment
Zone Rural
Overlays Biodiversity (riparian buffer area, watercourses and
drainage lines and environmental protection area)
Natural resources (agricultural land conservation area)
Natural hazards (potential impact buffer and medium
potential bushfire intensity)
APPLICATION DETAILS
Applicant Sarah Keating & Simon Marsh c/- Project Urban
Application Type Development Permit for Material Change of Use
Proposal Visitor Accommodation - Type 3 Rural
Level of Assessment Impact
Referrals SARA for the Department of Transport & Main Roads -
Land within 25m of a state controlled road
PROJECT TEAM
Town Planning Project Urban
Architecture Jim Moehead Building Design and Drafting
Effluent Disposal Australian Soil Investigations
Development Assessment Report Page 4 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
340 Pomona Kin Kin Road Pinbarren
Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018 2.0 INTRODUCTION This Development Assessment Report has been prepared to support a Development Application for Material Change of Use for Visitor Accommodation - Type 3 Rural at 340 Pomona Kin Kin Road, Pinbarren legally described as Lot 26 on M37911. The application, which is submitted on behalf of Sarah Keating and Simon Marsh, seeks approval for up to 6 self-contained holiday cabins that will supplement farming activities on the balance of the site. In the Noosa Plan the site is located in the Mary River Catchment locality and forms part of the Rural zone. Although a consistent use in the Rural zone, the proposal is subject to impact assessment. The applicants had a pre-lodgement meeting with Council on 3 April 2018. At the meeting, Council staff confirmed that the proposed use was a consistent use on the site and identified the key issues that the application would need to address. This application has been prepared to respond to the issues identified at the pre-lodgement meeting. The purpose of this report is to describe the characteristics of the site and surrounding land uses, detail the proposed development and provide an assessment against the applicable planning provisions. This report should be read in conjunction with the accompanying covering letter, DA Development Application forms, Proposal Plans, Site and Soil Evaluation report and Operation Plan. Development Assessment Report Page 5 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
3.0 SITE DESCRIPTION
3.1 SUBJECT SITE
The subject site is situated at 340 Pomona Kin Kin Road, Pinbarren and is described as lot 26 on
M37911.
The site comprises an area of 16.992ha and is currently occupied by a house and ancillary
structures. The site which is divided into two parts by Pomona Kin Kin Road with the majority of
the site where the cabins are proposed located on the eastern side of the road. This portion of
the site has a road frontage of approximately 253m to Pomona Kin Kin Road.
The site contains dams, waterways, areas of Category B endangered regional ecosystems and
essential habitat but the proposed development has been designed to avoid these parts of the
site. The site rises gently from Pomona Kin Kin Road towards to the rear of the site.
The site’s location and context are illustrated in the figures below:
SUBJECT SITE
Figure 1: Aerial Photograph of Subject Site (Nearmap, accessed May 2018)
3.2 SURROUNDING LAND USES
The site is immediately surrounded by Rural properties which are used predominately for
residential purposes. Importantly, the closest dwelling house is located on the northern boundary
of the property to the north and is more than 300m from the location of the proposed cabins. As
the aerial image below illustrates, there are areas of mature vegetation on the adjoining property
that will screen the cabins from this dwelling. There is also a dwelling on the property
immediately to the south of the site and this will be screened from the cabins by mature
vegetation within the application site.
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Material Change of Use (Visitor Accommodation Type 3 Rural)
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Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
More generally the application site is within close proximity to Mount Pinbarren National Park, Six
Mile Creek Conservation Park and the Noosa Trail. The site is approximately 3.8km to the north of
the Cooran and Pomona townships which have access to a variety of small scale commercial
services.
SUBJECT SITE
Figure 2: Location of Subject Site (Nearmap, accessed May 2018)
Development Assessment Report Page 7 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
340 Pomona Kin Kin Road Pinbarren
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PROJECT URBAN – 18135 May 2018 4.0 PROPOSED DEVELOPMENT This application seeks a Development Permit for a Material Change of Use for Visitor Accommodation – Type 3 Rural to be established in accordance with the accompanying Proposal Plans. Consistent with the Noosa Plan definition, the cabins will provide a variety of short stay accommodation options in a quiet rural setting. The target market will be young families who are looking for a lifestyle farm setting and the applicants will provide opportunities for visitors to learn about, and be involved in, farming activities on the site. BUILT FORM The proposed development will comprise 6 eco cabins to be developed over two stages as identified on the “Part Site Plan”. Stage 1 comprises 3 Type A (2 bedroom) cabins while stage 2 comprises the remaining 3 units. Stage 2 includes two type B (1 bedroom) cabins and one Type A cabin. The Type A cabin in stage 2 will replace the existing shed on the site. Each cabin is self- contained and includes a kitchen, bathroom and verandah. The proposal maintains a low rise built form with a maximum height of 4 metres. The buildings will be erected on a frame above the ground for ease of removal. Building materials will include composite wall and roof panels and plywood flooring. The total gross floor area of proposed new buildings is 280.8m2. Setbacks from each cabin to the adjoining site to the north range from 25.7 metres to 52 metres, providing an average setback of 37.5 metres. ACCESS AND PARKING Vehicles will enter and exit the proposed development from Pomona Kin Kin Road via the existing driveway. As noted on the Proposal Plans, the existing driveway is sealed and provides suitable access for 2 wheel drive vehicles. A gravel surfaced car parking area is proposed to the west of the cabins on an existing area of hard core. This all-weather surface is suitable for the scale and intensity of the proposed use. The car park is located next to the main driveway and provides 7 car spaces including 1 disabled space. As no direct vehicular access to each cabin is proposed, customers will park in the car park and use the pathways to walk to their cabin. Development Assessment Report Page 8 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018 LANDSCAPING The development will include landscape treatments to soften the built form of the proposed cabins. In this respect, landscape screening is proposed between the cabins to provide privacy and along the northern site boundary to provide further screening to the neighbouring property. The applicant is currently in discussions with the local Landcare group about this landscape work. SERVICING Visitors will be asked to bring all waste to the site manager for disposal as necessary or when they check out. The site manager will collect and transport all waste to Pomona Kin Kin Road for kerbside collection as per existing arrangements. Additional bins will be provided where necessary once the operation commences and waste amounts have been confirmed. INFRASTRUCTURE The subject site is currently connected to electrical and telecommunications infrastructure. The site is not connected to reticulated water or sewer supply. As such, 4,000L water tanks will be provided to each cabin and sufficient area for effluent disposal is available on site. A Site and Soil Evaluation was undertaken which recommends that an Advance Secondary Waste Water Treatment System and a pressurised Surface Reticulated Irrigation System be installed to treat and dispose of effluent from the cabins on site. In total the report recommends that a disposal area of 805m2 is required to deal with the waste generated by the proposed cabins. To reflect the proposed staging of the cabins, the proposed site plan shows disposal area will be split into two areas of 403m2. Roof water from the cabins will be collected in the rainwater tanks and utilised on site. Any overflow from the tanks will be dispersed around the cabins in a manner that will avoid scouring or damage to the site. This water will ultimately drain into the waterways to the south of the cabins. Development Assessment Report Page 9 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018 5.0 SUPPORTING DOCUMENTATION 5.1 ARCHITECTURAL Proposal Plans prepared by Jim Moehead Building Design and Drafting are included in the supporting documents. The plans include a site plan, part site plan, floor plans and elevations. The plans show that the proposed cabins will be located away from the mapped waterways on the site. 5.2 ON-SITE EFFLUENT DISPOSAL A Site and Soil Evaluation prepared by Australian Soil Investigations is included in the supporting documents. The report confirms that the site is suitable for on-site effluent disposal and recommends that the proposed development should be served by an Advance Secondary Waste Water Treatment System and a pressurised Surface Reticulated Irrigation System to treat on-site effluent disposal. An area of 805m2 is required to be provided and is to be divided into two separate areas of 403m2. The report and the Proposal Plans provide indicative locations for effluent disposal. 5.3 OPERATIONAL PLAN As requested at the pre-lodgement meeting the applicant has prepared an Operational Plan has been prepared by the applicant to explain the measures that will be put in place to manage waste and control car parking, noise and any other potential impacts from the operation on the amenity of the local area. The Plan also outlines the evacuation strategy that will be put in place in the event of emergency. Development Assessment Report Page 10 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
6.0 STATE PLANNING INTERESTS
6.1 PLANNING REGULATION
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 the local planning instruments.
These Assessment Benchmarks are prescribed as being contained in:
the SEQ Regional Plan and 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.
The State Planning Policy and SEQ Regional Plan are addressed in sections 6.2 and 6.3 below.
Section 6.4 discusses potential referral triggers in Schedule 10 of the Planning Regulations 2017
and identifies that the development requires referral to SARA as the site is within 25 metres of a
state-controlled road.
6.2 STATE PLANNING POLICY
The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of
state interest in land use planning and development. The SPP only applies to development
assessment if the planning scheme has not yet appropriately integrated the SPP. If there is a
discrepancy between a local planning scheme and a state planning policy, then what is outlined
in the state planning policy overrides the planning scheme.
The Noosa Plan does not reflect the SPP and assessment against the SPP is required. Part E of the
SPP details the interim development assessment requirements for the following state interests:
State Interest Comment
Planning for Liveable Communities and Housing
Housing supply and diversity Not Applicable
No assessment benchmarks apply.
Liveable communities Not Applicable
The use will not be accessed by private
common title.
Planning for Economic Growth
Agriculture Not Applicable
The site is identified as containing Agricultural
land classification – class A and B however no
assessment benchmarks apply.
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PROJECT URBAN – 18135 May 2018
Development and construction Not Applicable
No assessment benchmarks apply.
Mining and extractive resources Not Applicable
The site is not within a key resource area
(KRA), the separation area of a KRA or the
transport route separation area of a KRA.
Tourism Not Applicable
No assessment benchmarks apply.
Planning for the Environment and Heritage
Biodiversity Not Applicable
The site is identified as containing MSES
regulated vegetation (intersecting a
watercourse), MSES high ecological
significance wetlands, MSES regulated
vegetation (essential habitat), MSES regulated
vegetation (category B) and MSES – wildlife
habitat however no assessment benchmarks
apply and in any case, the proposed cabins
will be located outside of these mapped areas.
Coastal environment Not Applicable
No assessment benchmarks apply.
Cultural heritage Not Applicable
No assessment benchmarks apply.
Water quality Applicable
Water quality objectives will be achieved as
per the recommendations of the Site and Soil
Evaluation report.
Planning for Safety and Resilience to Hazards
Emissions and hazardous activities Not Applicable
No assessment benchmarks apply.
Natural hazards, risk and resilience Applicable
The site is affected by potential impact buffer,
medium potential bushfire intensity, and flood
mapping. The site is not constrained by flood
mapping under The Noosa Plan hence no
further assessment is required. A bushfire
evacuation plan will be integrated into the
development. Cabins will be located in cleared
areas.
Planning for Infrastructure
Energy and water supply Not Applicable
No assessment benchmarks apply.
Infrastructure integration Not Applicable
No assessment benchmarks apply.
Development Assessment Report Page 12 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
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Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
Transport infrastructure Not Applicable
Pomona Kin Kin Road is identified as a state
controlled road however no assessment
benchmarks apply. Referral to the Department
of Transport and Main Roads is required and
assessment against the relevant SDAP code
has therefore been undertaken.
Strategic airports and aviation facilities Not Applicable
The site is not located within proximity of a
strategic airport or aviation facility.
Strategic ports Not Applicable
The local government area does not contain a
strategic port.
6.3 REGIONAL PLAN
The site is subject to the South East Queensland Regional Plan 2009-2031 (regional plan). The
regional plan includes the site within the Regional Landscape and Rural Production Area. The
Noosa Plan appropriately advances the Regional Plan. Although the Regional Plan has been
updated since the Planning Scheme was adopted, the site’s designation has not changed so,
given the proposal simply seeks low impact eco cabins within the rural zone and ancillary farming
experiences, no further assessment against the Regional Plan has been undertaken.
6.4 REFERRAL
The Planning Act 2017 provides that:
A referral agency, for a development application, is—
(a) the person prescribed by regulation as a referral agency for applications of that
type; or
(b) if that person’s functions have been devolved or delegated to another
person—the other person; or
(c) if the Minister has decided that a person.
The following are referral agencies for the development, as prescribed under Schedule 10 of the
Planning Regulation 2017.
• SARA in relation to State controlled road matters (land within 25m of a State transport
corridor - Schedule 10, Subdivision 2, Table 4).
Development Assessment Report Page 13 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
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PROJECT URBAN – 18135 May 2018 6.5 STATE DEVELOPMENT ASSESSMENT PROVISIONS The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for development assessment, where the state assessment and referral agency (SARA) is responsible for assessing or deciding development applications as assessment manager or as a referral agency. The SDAP is not applied by local government in the assessment of development applications. Referral for state controlled roads is triggered by the application and State code 1: Development in a state-controlled road environment is applicable to the proposed development. An assessment against State code 1 has been undertaken. This assessment finds that the proposal complies with all applicable Acceptable outcomes in the State code 1. Development Assessment Report Page 14 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
7.0 PLANNING SCHEME
Under The Noosa Plan the site is included within the Mary River Catchment locality and the Rural
zone. An assessment of the applicable provisions of The Noosa Plan has been undertaken below.
Figure 3: Zoning Map (Noosa Council, accessed May 2018)
7.1 DEFINITION
The proposed development is defined under The Noosa Plan as:
Visitor accommodation means accommodation that is designed and used for visitors to
the Shire and where social, recreational and dining services may be provided for visitors
by owners or staff. Resident guests stay for a temporary period of time (typically not
exceeding 3 consecutive months). The term includes the following types:
Type 3 Rural - The use of premises for short-term accommodation where
accommodation has direct connection with the rural production, environmental or scenic
values of the premises. The use includes a cabin park, guesthouse or retreat located in a
rural setting and host farm offering rural experiences.
Comment: The proposed development will be established in accordance with the above
definition.
Development Assessment Report Page 15 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
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7.2 LEVEL OF ASSESSMENT
In accordance with Part 8, Division 9, Table 8.6 Assessment Table for the Mary River locality -
Rural zone, the proposal will be subject to Impact Assessment.
7.3 DESIRED ENVIRONMENTAL OUTCOMES
The applicable elements and specific outcomes of the desired environmental outcomes are:
Specific Outcome Comment
Agricultural Uses
Agricultural uses contribute to Noosa Shire’s Comment:
economy, environment, rural heritage and
hinterland character by; The site will remain available for agricultural use
and the impact of the cabins on the environment
i ensuring land is suitable for sustainable will be minimised. In this respect, it should be
agricultural uses and environmental impacts are noted that:
avoided and managed through effective land
management practices including: the proposed cabins will be lightweight
and raised above the ground so that they
a. avoiding land clearing, loss of significant habitat, can be easily removed in the future, if
visual scarring of significant landscapes, impacts required.
on downstream land and groundwater,
the footprint of the cabins is less than
environmental harm and erosion; and 281m2, which is significantly less than 1%
of the total site area and as such, the vast
b. management of fertiliser applications. majority of the site will remain available for
agricultural use;
ii conserving land for economically viable and
environmentally sustainable agricultural purposes; the Operational Plan outlines that the
applicants will continue to use the balance
iii preventing the fragmentation of agricultural of the site for agricultural purposes and
land; will have a variety of animals (such as
chicken, guinea fowl, pygmy goats, Dexter
iv facilitating the growth of non-traditional, high cattle, sheep and horses) on the site. As a
value crops that have minimal impact on the result, the applicant will be able to offer
natural environment or adjacent crops; guests the opportunity to participate in a
variety of farming activities including
v facilitating the growth of non-traditional animal feeding the animals and collecting chicken
egg; and
husbandry practices such as aquaculture, where it
does not alienate agricultural land or have a additional landscaping will be provided
detrimental impact upon the environment; between each cabin for privacy and to
screen the cabins from neighbouring
vi protecting agricultural pursuits from properties.
incompatible uses, particularly those more suitably
located within the urban growth boundary; For these reasons, it is considered that the
proposal will not result in the loss of agricultural
vii improving opportunities for mutually beneficial land, will not compromise the on-going agricultural
enterprises that are complementary to agriculture value of the site and will introduce a
and other non-agricultural uses that do not complementary activity that will help to support
diminish agricultural production, such as roadside the ongoing use of the site for agricultural
stalls, farm gate sales, home based occupations
Development Assessment Report Page 16 of 29
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PROJECT URBAN – 18135 May 2018 and visitor accommodation; purposes. viii adopting water and energy efficient practices; ix providing opportunities for value added industries before agricultural produce leaves the farm gate; x maintaining an economically viable and environmentally sustainable agricultural sector by responding to changes to traditional markets and the emergence of new markets such as farm forestry, macadamias, small scale specialised crops and agricultural tourism; xi ensuring genetically modified crops employ farm management practices for the planting and raising of crops to avoid adverse impact on adjacent crops or those downwind or downstream; xii ensuring new uses that are sensitive to chemicals, dust or noise are not located in rural areas close to farms or agricultural lands; and xiii recognising agriculture as a significant lifestyle contributor with part time small scale, often high value, operations as an attraction to rural areas. Natural Resources Renewable natural resources are used sustainably Comment: The Site and Soil Evaluation and non-renewal natural resources are used recommends appropriate locations for effluent prudently, including water, fisheries and forest disposal areas to ensure that the proposed resources, coastal resources, soil resources and development will not affect the water quality of extractive and mining resources by surrounding watercourses. i. ensuring the use of natural resources do not have a significant adverse impact upon other land uses; ii. protecting water quality in the Noosa River system, Lake Macdonald and other watercourses from the effects of development through the protection of headwaters, maintenance of regular water flow, adequate riparian vegetation, monitoring of stormwater and pollutant loads, the ecological sustainability of commercial and recreational fishing and the control of urban and rural land uses; vi. ensuring development does not diminish the quality of water in groundwater systems, watercourses or along the coast or does not alter Development Assessment Report Page 17 of 29 Material Change of Use (Visitor Accommodation Type 3 Rural) 340 Pomona Kin Kin Road Pinbarren Lot 26 on M37911
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PROJECT URBAN – 18135 May 2018
the volume of water flows in watercourses;
vii. ensuring development protects the quality of
soil resources and air quality from development or
land management practices that could potentially
erode or degrade their quality;
Open Space, Environment and Conservation Functions
Networks of open space and natural habitat, Comment: The site (indicated by the red star) is
vegetated lands, wetlands, watercourses and located to the south of Noosa Trail Network – Trail
riparian zones are sensitivity managed and 2 (scenic trail) (indicated in yellow). Visitors will be
protected and avoid as far as practicable or, where encouraged to utilise the existing network for
avoidance is not practicable, minimise adverse hiking or mountain biking opportunities thus
impacts resulting from development by – contributing to supporting the economy and
promoting Noosa as a tourist destination.
i protecting and managing the natural
environment in a way that—
a. supports the economy through the tourism
industry and contributes to the region’s
competitive advantage and lifestyle;
b. maintains and improves landscape character and
visual amenity;
c. builds ecological resilience and capacity to adapt
to a changing climate;
d. provides passive, nature-based recreation and
educational opportunities including appropriate
eco-tourism facilities;
e. defines the boundaries to or of each of the
distinct urban localities of Noosa Shire; and
f. provides linkages beyond Noosa Shire’s
boundaries;
ii ecologically important areas being protected,
rehabilitated and enhanced including their
condition, extent, diversity and connectivity to
maintain and improve biodiversity, landscape
stability, resilience and ecological integrity of the
natural environment;
v terrestrial and aquatic biodiversity values and
water quality within the Noosa River system being
protected;
vi natural waterways and wetlands being
maintained in their natural state with development
providing for rehabilitation and enhancement to
improve ecological functioning and water quality;
vii constructed water bodies including canals not
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PROJECT URBAN – 18135 May 2018
being created except where maintained as private
assets and used for other than water treatment
purposes;
viii protecting and improving the quality of ground
and surface water in a manner that ensures its long
term environmental values, ecological integrity and
sustainability;
xi maintaining the conservation of high
proportions of vegetated land, as compared to
developed land, to distinguish Noosa Shire from
other parts of south-east Queensland;
xii maintaining the distinct vegetated character of
Noosa Shire and the retention of natural
vegetation and landscaping with native species;
xiii protecting sensitive areas of native bushland
from the impacts of urban activities such as
domestic animals, escaped garden weeds,
fertilisers and stormwater run-off;
xiv increasing the amount of land protected for
conservation purposes under public ownership
that ideally represent the full range of habitats and
species found across Noosa Shire, forming
corridors for the safe movement and successful
breeding of wildlife within the Shire and beyond;
Sport and Recreation Uses
The creation of sport and recreation opportunities, Comment: The development proposes eco-
strongly relating to the outdoors, are established friendly cabins within a lifestyle farm setting. The
to facilitate social interaction, healthy lifestyles and proposal allows visitors to participate in farming
appreciation and protection of Noosa Shire’s experiences and will encourage social interactions,
natural, cultural and community assets including— physical recreational activities and an
understanding and appreciation of basic farming
a. the subtropical climate; practices. As mentioned above, the site is within
close proximity to an existing Noosa Trail Network
b. the beaches, watercourses and foreshores;
and the use of this trail will be promoted.
c. the national parks and bushland;
d. the iconic mountains and landforms;
e. cultural traditions; and
f. sporting fields and facilities by:
i public open space being functional, accessible
and connected;
ii public open space supporting a range of formal
and informal sporting, recreational and community
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PROJECT URBAN – 18135 May 2018
activities;
iii Noosa Shire accommodating outdoor recreation
and adventure sports with minimal impact on the
natural environment;
iv promoting physical activity for the purpose of
relaxation or enjoyment, undertaken through
casual or organised participation, resulting in
opportunities for physical fitness, mental health,
skill development and social interaction;
v ensuring outdoor recreational facilities have no
adverse impact on the natural, cultural and lifestyle
values around which they are based;
vi encouraging an appreciation for, and protection
of, the natural environment through use of open
space;
vii providing educational experiences for residents
and visitors through a network of tracks and trails,
including bridle trails, to appreciate and gain an
understanding of the natural features, local flora
and fauna and in some cases sites of heritage
significance;
viii recognising the significant economic benefits
sport and recreation uses, that are consistent with
community values, bring to Noosa Shire; and
ix providing recreation and leisure opportunities
for all residents and visitors including people with
various levels of mobility and fitness
Tourism
A tourism industry is developed and sustained Comment: The development seeks to take
by— advantage of the rural setting and provides
alternative accommodation and experiences for
i being based on Noosa Shire’s natural assets visitors. As mentioned previously, the proposal
including the subtropical climate, the beaches, recognises that visitors often base their holidays on
watercourses and foreshores, National Parks and outdoor recreation opportunities hence farming
bushland; experiences will be offered to provide educational
experiences and to promote the understanding of
iii focussing on the coastal localities of Noosa
basic farming practices to visitors. The Noosa Trail
Heads, Noosaville, Sunshine Beach and Peregian
Network is in close proximity of the site and will be
Beach, with complementary rural visitor
promoted for hiking and mountain biking activities.
accommodation and experiences;
iv offering visitors a range of experiences and
accommodation types;
v contributing to the economic wellbeing of Noosa
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Shire;
vi providing educational or learning experiences
that promote or enhance understanding of
environmental or cultural heritage values and
farming practices;
vii benefitting local residents and enhancing
residential amenity;
viii development being supported appropriate
infrastructure and services;
ix achieving ecological, economic and social
sustainability;
x upholding Noosa Shire’s international
recognition for innovation and ecological
sustainability;
xi retaining a range of visitor accommodation
choices including camping grounds, caravan parks,
backpacker hostels, hotels, motels, resorts, B&Bs,
guesthouses and serviced apartments; xii avoiding
mixing long-term accommodation for residents
with short-term accommodation for visitors, to
avoid potential conflicts and the erosion of visitor
accommodation;
xiii recognising visitors often base their holidays on
outdoor recreation activities including swimming,
fishing, camping, surfing, four wheel driving, bush
walking, horse riding, cycling and boating;
xiv tourism development facilitating education and
interpretation of the natural environment, culture
and traditions of Noosa Shire;
xv reducing impacts on resident lifestyle and visitor
experiences from peak tourist periods by
spreading visitor load across lengthy periods, as
distinct from a focussing on main holiday periods,
where possible.
Infrastructure and Services
The efficient provision and use of services such as Comment: The subject site is currently connected
water, sewerage, power, telecommunications and to electrical and telecommunications infrastructure.
waste disposal caters for the needs of residents
The site is not connected to reticulated water or
and visitors, relative to their location within Noosa
sewer supply. Existing arrangements for the
Shire by – dwelling house will be maintained. In addition,
4,000L water tanks will be provided to service each
i ensuring the ongoing viability of existing cabin.
infrastructure services and facilities are protected
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PROJECT URBAN – 18135 May 2018
from the impacts of development; Sufficient area for effluent disposal is available on
site. A Site and Soil Evaluation report has been
ii protecting existing and future bulk water undertaken which confirms that an Advance
infrastructure and corridors from development Secondary Waste Water Treatment System and a
pressurised Surface Reticulated Irrigation System is
iii and the encroachment of sensitive uses that proposed to treat on-site effluent disposal. An area
would compromise the corridor integrity and the of 805m2 is required to be provided and is to be
divided into two separate areas of 403m2.
efficient delivery and functioning of the
infrastructure; The applicant will provide appropriate recycle bins
to each cabin and will dispose of waste
iv maintaining an appropriate level of accordingly.
infrastructure and servicing to coastal urban
residents and visitors including power, The site will eventually incorporate reusable energy
telecommunications, garbage collection and sources.
potable water;
v employing innovative, environmentally sensitive
approaches to water collection and effluent
disposal to rural households not connected to
reticulated water or sewerage;
vi encouraging recycling of refuse;
vii ensuring telecommunication infrastructure
allows people to work and study from home and
access goods and services over the internet;
viii telecommunication towers and other
installations not locating in visually prominent
locations;
ix recognising some residents obtain their energy
needs from renewable energy sources rather than
relying on mains power; and
x ensuring water and energy are used efficiently in
an attempt to reduce greenhouse gas emissions
and pressures on the supply of resources.
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7.4 OVERLAYS
The following overlays affect the site:
Overlay Comment
Biodiversity Areas
The map extract from the Biodiversity Overlay
map shows that parts of the site are affected by
waterways, riparian buffer and Environmental
Protection areas. Importantly however, the
proposed cabins do not affect any of these
mapped areas and as such, the proposal is
considered to comply with the relevant sections
of the Biodiversity Overlay Code.
Natural Resources
The map extract shows that the whole of the site
to the east of the Pomona Kin Road Road is
mapped as Agricultural Land Conservation Area
on the Natural Hazard and Natural Resources
Overlay map. In accordance with Table 13.6 of
the Plan, the proposal has therefore been
assessed against the relevant benchmarks in the
Natural Resources Overlay Code and has been
found to be compliant for the following reasons:
the proposed use will not permanently
alienate the use of the site for
agricultural purposes; and
the visitor accommodation will
complement the continued agricultural
use of the site.
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Natural Hazards
The map extract shows that the site includes
areas mapped as having medium potential
bushfire intensity. Despite this mapping
however, it should be noted that the proposed
cabins are located in an area that is devoid of
any significant vegetation. Nonetheless, in
accordance with Table 13.6 the proposal has
been assessed against the Natural Hazards
Overlay Code and is considered to comply for
the following reasons:
the proposed cabins are located away
from any existing mature vegetation on
the site;
the development includes a rainwater
tank for each cabin which will provide a
combined total of 24,000l of water. This
supply can be supplemented by the
existing dams on site, if necessary. As a
result, it is considered that there is
sufficient water supply on site for
firefighting purposes, if required; and
The Operational Plan nominates an
emergency evacuation route and
meeting point on the site and a notice
will be erected in each cabin to detail
this procedure.
7.5 MARY RIVER CATCHMENT LOCALITY CODE
Purpose and Overall Outcomes
The proposal has been assessed against the Purpose and Overall Outcomes for the Mary River
Catchment Locality that are specific to the Rural zone in the Table below. In summary, the Table
demonstrates that the proposal is consistent with the purpose and overall outcome sought by the
Code for the zone.
Purpose and overall outcomes Comment
For the Rural Zone—rural land is protected Complies: The site will remain in active
and appropriately managed such that:- agricultural use and all mapped vegetation on
i. Agriculture and habitat protection are the the site will be maintained.
dominant land uses;
ii. the scenic and environmental values, the Complies: The proposal will not impact on the
distinct rural amenity and agricultural environmental values or agricultural
productivity of the locality are preserved and productivity of the site. Landscaping will be
are not adversely impacted as a consequence planted to ensure that the cabins will integrate
of development on or adjacent to that land; successfully into the rural landscape.
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Purpose and overall outcomes Comment
iii. locally appropriate enterprises such as bed Complies: The proposed eco-cabins will
and breakfast accommodation, farmstays, complement and help to support the
cabins, camping grounds, roadside stalls and economic viability of using the site for
home-based businesses enhance the agricultural purposes. Furthermore, the
economic sustainability of the hinterland; proposed use is identified as a consistent use
in the Rural zone in Table 8.17 of the Mary
River Catchment locality code.
Specific Outcomes and Probable Solutions
The proposal has also been assessed against the Specific Outcomes and Probable Solutions that
apply generally throughout the Locality and has been found to be consistent with these
requirements for the following reasons:
the proposed development includes a series of measures to manage any potential adverse
impacts on the amenity of local area or adjoining properties;
given the location of the site and the size and scale of the proposed cabins, it is
considered it will not have an adverse impact on important local views;
the proposed cabins will not impact on the visual amenity of Pomona Kin Kin Road as they
will be setback more than 250m from the road and will be largely screened by existing
vegetation.
the additional traffic generated by the proposed cabins is not expected to affect the
function of Pomona Kin Kin Road;
the scale and density of the development is compatible with the surrounding area and is
consistent with the natural characteristics of the site;
the proposed buildings comply with the 8m maximum building height limit for the site;
the scale and intensity of the development is compatible with the rural zoning of the site;
and
the proposed layout will be sensitive to the existing environmental values of the site and
does not propose any clearing of mapped vegetation.
7.6 ZONE CODE
The Specific Outcomes and Probable Solutions for the Rural Zone within the Mary River
Catchment Locality are set out in Table 8.17 of the Plan. The proposal is considered to comply
with the relevant requirements for the Rural Zone for the following reasons:
the proposed cabins will not be built on land with slopes greater than 1 in 4;
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PROJECT URBAN – 18135 May 2018
the proposed cabins are single storey;
visitor accommodation is a consistent use in the Rual zone; and
the proposal will not have an adverse impact on the environmental values of the
site.
Comment: Overall, it is concluded that the development complies with the relevant sectiosn of
the Mary River Catchment locality code.
7.7 VISITOR ACCOMMODATION CODE
The proposal has also been assessed against the applicable sections of the Visitor
Accommodation code and has been found to satisfy its requirements for the following reasons:
the scale of the proposal is consistent with the character of the local area;
the proposal includes measures to minimise any potential impacts on adjoin residents;
the propose cabins are setback a sufficient distance from Pomona Kin Kin Road to ensure
they will not be adversely affected by noise from the road;
the site has access to Pomona Kin Kin, a state Controlled Road;
the driveway does not exceed a gradient of 1 in 4;
there is sufficient space on site for vehicles to enter and leave the site in forward gear;
a 4,000l rainwater tank is provided for each cabin and there are dams on site that provide
additional water for firefighting purposes if required;
the proposal includes on site effluent disposal system;
the site is in a Rural zone and is larger than 4 hectares;
the proposals does not propose more than 6 cabins;
the proposed density does not exceed 2 cabins per hectare or two guest bedrooms per
hectare;
the adjoining site is not in active agricultural use;
the cabins do not overlook the dwellings on adjoining properties; and
the cabins are small separate buildings that have a lightweight design and have been
designed to complement the rural setting of the site;
The assessment has identified that four of the proposed cabins do not comply with the 40m
minimum setback to the property boundaries sought in Probable Solution S31.1(b). Nonetheless,
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PROJECT URBAN – 18135 May 2018
the proposal is still considered to comply with the overarching Specific Outcome, O36 which
states that:
“O36 Rural accommodation is appropriately sited so as not to generate land use conflict
with neighbouring residents and Agricultural Uses.
Comment: As can be seen on the Part Site Plan, setbacks from the property to the northern
boundary range from 25.7 metres to 52 metres, with an average setback is 37.5m. It is
considered that the proposed setbacks are appropriate given that the site to the north is not
used for agricultural purposes. Furthermore, as shown in Figure 4 below, the proposed cabins will
be located approximately 320m and 340m from the nearest dwelling houses to the north and
north-east. There is an existing shed located 63m to the north of the nearest cabin. The Figure
also shows that there is mature vegetation that will screen the cabins from both these dwellings
and this will be supplemented, where necessary, to provide additional privacy.
322m from existing house
63m from existing shed
Northern-most cabin
344m from existing house
(proposed) – 25.7m
setback
Figure 4: Location of cabins to adjoining properties (QLD Globe, accessed May 2018)
In conclusion, the proposal is considered to comply with the relevant Assessment Benchmarks in
the Visitor Accommodation Code.
7.8 PLANNING SCHEME CONFLICTS
The assessment of the proposed development against The Noosa Plan has determined that there
are no planning scheme conflicts.
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8.0 CONCLUSIONS
This Development Assessment Report has been prepared on behalf of Sarah Keating and Simon
marsh to support a Development Application for Material Change of Use for Visitor
Accommodation – Type 3 Rural in respect of land at 340 Pomona Kin Kin Road, Pinbarren,
described as Lot 26 on M37911.
The site is included under The Noosa Plan within the Mary River Catchment locality and the Rural
zone.
This report demonstrates the proposal’s compliance with the applicable state and local planning
provisions, including the following grounds:
the proposed development is consistent with the intent for the Rural zone in the Mary
River Catchment locality by providing eco-cabins that preserve the character an
appearance of the rural zone of the site. Furthermore the proposal will not cause
fragmentation of agricultural land and will not compromise the ability of the site to
operate as a traditional rural use in the future;
the proposal will not compromise the Strategic Framework of the Noosa Plan as the
primary use of the site will remain as a farm and the proposed cabins will complement
and help to sustain this use;
the proposal is consistent with the rural zone and locality code;
the proposal is consistent with the relevant Assessment Benchmarks in the Visitor
Accommodation Code;
the supporting documents demonstrate that the proposed development will not result in
adverse effects to surrounding properties or the rural character of the area;
the cabins are considered low impact, of lightweight construction and easily removable;
each cabin will be appropriately screened by vegetation from the dwelling houses located
on the adjoining properties to the north; and
the proposed layout is sensitive to the existing environmental values of the site.
In summary, it is considered that the proposed development warrants Council’s support subject
to reasonable and relevant conditions.
Development Assessment Report Page 28 of 29
Material Change of Use (Visitor Accommodation Type 3 Rural)
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Lot 26 on M37911
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