Council Report MCU18 0084 · MCU18/0084

MCU18/0084 - representations to development permit for material change of use for visitor accommodation type 3 (rural cabins) at 340 pomona kin kin road, pinbarren

Document information

Author	Development Planner, Glen Conforti
Environment and Sustainable Development Dept

Index	ECM / Application / MCU18/0084

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Sarah Keating Simon Marsh
Proposal	Representations to the Development Permit for Material Change of Use - Visitor Accommodation Type 3 Rural Cabins
Representations Made Date	9 October 2018
Decision Due Date	15 November 2018
Number of Submissions	1 to original application

PROPERTY DETAILS
Property Address	340 Pomona Kin Kin Rd Pinbarren Qld 4568
RP Description	Lot 26 M 37911
Land Area	15.68ha
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Mary River Catchment
Zone	Rural
Overlays	Biodiversity Overlay – Riparian buffer Natural Hazards Overlay – Bushfire hazard Natural Resources Overlay – Agricultural land conservation area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 September 2018 regarding representations made to the Decision Notice (MCU18/0084) for a Material Change of Use - Visitor Accommodation Type 3 Rural (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren and:
A.	Agree to change Condition 2 to read as follows:
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
A1	D	Site Plan, prepared by Jim Morehead Building Design and Drafting	04.10.18
A2	C	Site Plan – Aerial View, prepared by Jim Morehead Building design and Drafting	04.10.18
A3	C	Part Site Plan, prepared by Jim Morehead Building design and Drafting	04.10.18
		Floor Plan, provided by Cabin Warehouse	
		Elevations A & B, provided by Cabin Warehouse	
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
Council approved an application for a Development Permit for Material Change of Use for visitor accommodation on 20 September 2018.
The proposal consists of 6 two bedroom cabins to be introduced in 2 stages. The cabins comprise a gross floor area of slightly less than 38m², a saw tooth roof form, a covered front veranda and insulated sandwich panel walls.
One properly made submission was received and during the Decision Period, a petition opposing the development was received.
The applicant’s representations to the Decision Notice primarily relate to the size of the cabins and the location of the car park.
site details
Site Description
The lot is generally rectangular in shape with the western 1.2ha (approx.) of the property severed by Pomona Kin Kin Road as shown in Figure 3 below. Both sides of the Pomona Kin Kin Road are low lying. A seasonal drainage line is centrally located longitudinally through the lot. The southern boundary has frontage to the south end of Camphor Road. The lot slopes up from Pomona Kin Kin Road to the eastern boundary. The dwelling house and associated sheds are located behind a stand of native vegetation toward the centre of the lot. The dwelling house and sheds are accessed by a sealed driveway from the Pomona Kin Kin Road. Figures 1 and 2 below show an aerial view and locality plan of the lot.

Figure 1 – Aerial Plan.

Figure 2 – Locality Plan
assessment
An assessment of the submitted representations is provided below.
Cabins
Applicant’s Request
The applicant seeks to increase the size of the cabins from 38m² to 57m². The applicant provides the following justification:
Since the Decision Notice was issued, we have also noticed that the proposed cabin type was amended inadvertently during the decision stage. As outlined in the applicant’s response to the Council’s information request, the applicant intends to build only one cabin type with a floor area of 57m2 which is more suited to the target family market and is compliant with current disability standards. The floor plans and elevations for this cabin type are also submitted with this letter and it is important to note that the elevation for this cabin type was included on the site notices erected on site during the public notification stage.
Assessment
The cabins were approved, in part, because of their small scale and the unlikelihood that the cabins would negatively impact on, constrain or alienate agricultural pursuits suited to the property.
Figures 3 and 4 below show the proposed cabins.

Figure 3 – Floor Plan

Figure 4 – 3D Elevations
The cabins approved were less than 1% (0.15%) of the lot area.  Increasing the size to 57m² would result in the cabins still occupying less than 1% (0.21%) of the lot and are consistent with the maximum size for cabins permitted by The Noosa Plan of 100m².
The cabins are the same width as approved but are longer which provides for slightly larger bedrooms (in length) and a more spacious living area to better cater for the applicant’s target market of families and would also comply with disability access regulations.
The built form is similar to that approved, in that it has a saw tooth roof form and would be constructed with insulated panels.
It is considered the larger cabins are still small scale and would not cause any additional potential impacts to that of the smaller cabins. The request to increase the size of the cabins is recommended to be supported.
It is also pertinent to note the elevations of the larger cabins were advertised on the site notice as part of public notification, which means the community have had an opportunity to lodge a submission.
Car Park
Applicant’s Request
The applicant seeks to move the car park approximately 10m to the south and change its shape to run east west longitudinally to further reduce any potential impacts on the adjoining neighbour. Figure 5 below shows the location of the approved car parking and the amended location.

Figure 5 – Approved and amended location
Assessment
The new location of the car park raises no concern as it provides greater separation to the neighbour’s property. Furthermore its location does not adversely affect the engineering standards required for the car park construction.
Landscaping
Applicant’s Request
The applicant has amended the site plans to clearly indicate the landscaping required as part of Stage 1 pursuant to Condition 9 of the Decision Notice.
Assessment
The amended plans clearly show the landscaping required by Condition 9. The amendment raises no concerns.
Condition 2 – Approved Plans of Development
As a result of the request, only one Condition is required to be changed to reflect amended plans of the cabins, landscaping and site layout. The changes to Condition 2 is provided in track changes below.
2. 	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
A1	D	Site Plan, prepared by Jim Morehead Building Design and Drafting	04.10.18
A2	C	Site Plan – Aerial View, prepared by Jim Morehead Building design and Drafting	04.10.18
A3	C	Part Site Plan, prepared by Jim Morehead Building design and Drafting	04.10.18
			
			
		Floor Plan, provided by Cabin Warehouse	
		Elevations A & B, provided by Cain Warehouse	
conclusion & REASONS FOR DECISION
The representations seek to increase the size of the cabins to 57m², relocate the car park and provide clarity on the plans for the Stage 1 landscaping. It is considered the increase to the size of the cabins would not cause any additional impacts to the neighbouring property when compared to that of the smaller cabins nor inhibit the use of the lot for agricultural pursuits. The relocation of the car park reduces potential impacts on the neighbouring property. The request for a negotiated Decision Notice is recommended to be supported.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	6 NOVEMBER 2018

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