Delegated Report - Code - Planning MCU20 0084

Author	Development Planner/Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0084
Applicant	Viktoria Zsuzsanna Dioszegi
Proposal	Material Change of Use - Nature-based Tourism
Properly Made Date	20 August 2020
Information Request Date	14 September 2020
Information Response Date	16 September 2020
Decision Due Date	28 October 2020
Report Completed Date	14 October 2020
Report Reviewed By	Patrick Murphy
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	328 Upper Pinbarren Ck Rd Pinbarren Qld 4568
RP Description	Lot 3 RP 851976
Land Area	25.65ha
Existing Use of Land	Dwelling house, Secondary dwelling, Caretakers accommodation and Home based business

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Overlays	Agricultural Land Overlay Biodiversity , Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for Nature-based Tourism. The proposal includes 1 standalone self-contained 64m² cabin (mango tree cabin) and 2 x 1 bedroom suites (60m² each suite) with a shared kitchen and laundry.
The suites are proposed to be within a converted farm shed and a proposed adjacent new building separated by a roofed deck (breezeway) partially containing a swimming pool/spa. The buildings are located on a level section of land near a dam in the southern corner of the lot. Recycled materials are proposed to be used for the farm shed conversion and the new building. The architectural finishes include hardwood external weather boards, 20 degree pitched roof, timber floors, some recycled corrugated iron internal finishes and timber casement windows.
The third accommodation is a cabin (mango tree cabin) located on a hill side nearer to the eastern property boundary. No external finishes have been provided. The plans indicate subfloor car parking, however, during the site inspection the owner indicated that given the steep topography, guest carparking is likely to be near suites 1 and 2 and guests would be ferried via an all terrain vehicle (ATV). The access road to the cabin would be maintained in good order to initiate stormwater flows, sediment and erosion control and for bushfire management. Engineering details for the road have been provided.
The proposal indicates an accepted development subject to requirements home based business (HBB) also within the converted farm shed which does not form part of this application. The primary HBB is an online veterinary service dispensing homeopathic/herbal remedies with the occasional onsite visit. A lockable door is provided between the HBB herbal room/reception area and suite 1 of the Nature-based Tourism use.
Pinbarren Creek traverses the front of the lot with an old timber bridge near the road front boundary providing access via an unsealed internal road to the accommodation and other infrastructure.
In support of the application the applicant has provided the following reports:
Planning Report prepared by Pivotal Perspectives;
Access Review, prepared by Protest Engineering;
Slope Stability Risk Assessment Report, prepared by Protest Engineering;
Flood Management Plan, prepared by Protest Engineering;
328 Upper Pinbarren Creek Road, Pinbarren – Property Bridge – Level 3 Report and Certification, prepared by TOD Consulting Engineers and Project Managers;
Site and Soil Evaluation, prepared by iDesign Waste Water Solutions; and
Bushfire Hazard Assessment Report – 328 Upper Pinbarren Creek Road, Pinbarren, prepared by Rob Friend & Associates Pty Ltd.
The locality and proposal plan are included below as Figure 1 to 5.

Figure 1 - Locality plan

Figure 2 - Site Plan

Figure 3 - Suite 1 and 2 showing the swimming/spa

Figure 4- Elevations

Figure 5 - Standalone cabin floor plan and 3D perspective.
site details
Background
The following approved infrastructure is located on the subject site:
Dwelling house
MCU19/0053 – Secondary dwelling
MCU19/0053 – Ancillary Dwelling Unit (caretakers accommodation)
Current application submitted
RAB20/0135 – farm shed and stables
Site Description
The site has approximately 170m of frontage to Upper Pinbarren Creek Road with Pinbarren Creek traversing the site near the road boundary.
The lot is undergoing natural regeneration and generally contains high value re-growth (rain forest species) since approx. 1974. Some cabinet timber plantation (circa 2000 – 2005) exists on the upper slopes. The lot is steeply sloping into gullies for the most part with ad-hoc small flat areas throughout. Some small pasture areas are located to the southern and south eastern portion of the lot.
Surrounding Land Uses
The lot is located in a rural area generally surrounded by undulating and steeply sloping pasture except to the most northern tip of the lot where a larger vegetated parcel combined with 2 other large lots provides a vegetated corridor to Woondum National Park (N.P). Notwithstanding the corridor to the N.P. animal grazing and some cropping surround the site as seen in Figure 1 above. Access to Turnbull road exists in the form of a fence line track.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 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;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Rural Zone Code
Visitor Accommodation Code; and
Works Codes
Agricultural Land Overlay (provisions contained in the Rural Zone Code)
Biodiversity , Waterways and Wetlands Overlay
Bushfire Hazard Overlay
Landslide hazard Overlay
The subject site is zoned Rural and the proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Rural Zone Code and Agricultural Land Conservation Area (ALCA).
It should be noted that the ALCA Overlay provisions sit within the Rural Zone Code and are addressed below.
The suites and cabin are located within ALCA as shown in Figure 5 below and Table 1 addresses the Code requirements.

Figure 6 - Agricultural Land Conservation Area and the cabin location shown in red
Table 1 - Agricultural land Conservation Area
Acceptable Outcome	Assessment
O2.1 Development that is incompatible with agricultural activities is not located on Agricultural Land Conservation Area and an adequate separation area between the development and the Agricultural Land Conservation Area is provided.	The owner currently runs cattle and horse agistment activities and a small veterinary HBB. The applicant indicates these agricultural activities would continue to operate to their full capacity alongside the nature-based tourism offering. The farm activities are part of the rural character and the accommodation activity is proposed to integrate with these activities and is part of the proposed accommodation product along with the fauna and flora that exists on the property, Pinbarren Creek, and the sites location adjacent to the Noosa Trail Network. Furthermore, the location of the mango tree cabin is steeply sloping and reducing animal grazing to this small area is unlikely to diminish agricultural productivity.
AO2.2 Where there is an overriding need for incompatible development to be located on Agricultural Land Conservation Area, the development does not have an irreversible impact on the productive capacity of Agricultural Land Conservation Area.	
AO2.3 Where located in the Agricultural Land Conservation Area accommodation is of a temporary or semi-permanent nature (such as tents, yurts, relocatable dwellings or recreational vehicles) or it adaptively reuses well-established rural buildings.	One of the 2 suites adaptively reuses an old farm shed, and the adjoining new suite is generally an extension of this building and complements the character of the rural area by using hard wood weather boards, timber casement windows and recycled corrugated iron cladding as an internal material finish. The mango tree cabin is not temporary or semi-permanent but given its location, being small scale on the fringe of steeply sloping ALCA, is unlikely to affect the agriculture productivity of the land.
AO2.4 No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2.	Although the mango tree cabin is a sensitive land use it is proposed approximately 100m² from the neighbouring vegetated property and greater than 250m downhill from neighbouring pasture (cattle grazing) identified as ALCA. The suites are approximately 60m from the boundary adjoining neighbouring ALCA land. The adjoining land is pasture for grazing and it is unlikely the location of the accommodation will negatively impact on the agricultural productivity on the adjoining property as the accommodation building is on the eastern side of a ridge and the majority of the neighbouring property is not seen. The nearest agricultural infrastructure on the adjoining property is more than 250m (small holding yards) from the accommodation.
Performance Outcome
PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.	The Nature-based tourism accommodation is on the fringe of the sites ALCA. The applicant indicates the agricultural activities will continue and are part of a rural experience. Combined with the nature based activities the Noosa Trail Network offers, Pinbarren Creek, the sites existing environmental values and topography and the accommodation’s small footprint and location, the proposal will provide a unique nature based rural stay without compromising the existing or future productivity of the ALCA.
Performance Outcome PO4 seeks that the accommodation is small scale and low density. The proposal is code assessment if a maximum of 12 persons are accommodated and impact assessment otherwise. Therefore, a condition is included that a maximum of 12 person are onsite at any one time for the purpose of the proposed use.
Performance Outcome PO11 of the Rural Zone Code seek that visitor accommodation does not have a significant adverse impact on the natural values of the site.
The existing unsealed internal road network provides access to the suites and to the mango tree cabin.
The road to the cabin traverses the riparian buffer but is adjacent to existing fences lines and requires minor works to safely accommodate the ATV and works required for stormwater flows. The road is also required to be maintained for bushfire purposes. No clearing is proposed for the work which consists of grading and swale improvement. Some minor upgrading of the spillway within a gully is required and the applicant has provided engineering details accordingly and is discussed further in this report.
In addition, the existing main access to the site is via a bridge across Pinbarren Creek and is located within the riparian buffer. The upgrade to the bridge requires an operational works approval and the riparian buffer would be addressed as part of that application. However, it is envisaged that only minor disturbance of the creek and vegetation will occur for the upgrade.
Furthermore, the mango tree cabin is located on a steeply sloping area which is not ideal for grazing as it is prone to erosion reducing animal grazing to this area has the potential to improve the environmental values of this part of the site.
The proposal is unlikely to have any negative impacts on the environmental values of the land as existing infrastructure is proposed to be utilised and the accommodations location are in existing cleared areas of the land.
Noosa Trail Network
AO 16 of the Rural Zone Code seeks that development includes linkages to or between the existing and future components of the Noosa Trail Network. As shown below in Figure 7, the proposal is ideally located with the Trail Network adjoining the front boundary and 2.5km from Woondum N.P. along the trail

Figure 7 - Noosa Trail Network
Visitor Accommodation Code
The planning scheme seeks the following Acceptable Outcomes for Nature-based Tourism:
Planning Scheme AO	Assessment
AO20.1 The nature based tourist accommodation is located within 1 kilometre and has a direct association with: (a) an area of environmental, natural or scenic significance such as a National Park, nature refuge, nature reserve, mountain range, lake or waterway; or (b) a publicly accessible recreational feature such as the Noosa Trail Network.	The Noosa Trail Network adjoins the front boundary, Pinbarren Creek flows across the front of the site with a swimming hole and Woondum National Park is 2.5km via Turnbul road (northern boundary frontage) and the Noosa Trail Network.
AO20.2 Buildings and structures do not occupy more than 5% of the site area, providing that no site has more than 2,000m² of gross floor area.	The proposal occupies 0.08% (211m²) of the site.
AO20.3 For self-contained accommodation such as cottages or cabins site density in the Rural or Rural Residential zone does not exceed one cabin per hectare.	The lot is 25.62ha and proposed visitor accommodation does not exceed the maximum permitted by the code.
AO20.4 For a retreat, lodge or guest house not consisting of self-contained accommodation, a maximum of two guest rooms are provided per hectare of site area.	Not Applicable
AO20.5 Buildings take the form of small, separate buildings: the gross floor area of any one building, such as a lodge, does not exceed 250m²; the average area of all buildings does not exceed 90m²; and no individual cabin or cottage has a gross floor area exceeding 65m²	The suites are proposed at 60m² GFA each with a shared kitchen and laundry. A 6m wide breezeway separates the suites. A pool and spa form part of the breezeway. The total roofed area including the HBB is 211m². The mango tree cabin proposed GFA is 64m² with no laundry.
AO20.6 The development supplies the equivalent of at least 33% of its power needs through renewable sources such as the installation of photovoltaic cells.	The property currently utilises a photovoltaic system and is proposed to be upgraded. A condition is included to ensure that a minimum of 33% of the developments power is derived from renewable sources.
AO20.7 The development harvests rainwater for use on site meeting at least 75% of its water requirements.	The development is proposed to harvest 100% of its requirements. A condition is included to ensure this is undertaken.
AO20.8 Stormwater and drainage design ensures the natural hydrology is not adversely impacted and water is reused on site.	The applicant has submitted details for minor internal road works and the natural hydrology is not proposed to be impacted. The development utilises existing road infrastructure some of which are along boundaries and fence lines.
AO20.9 Development including access ways is generally limited to areas already cleared of natural vegetation.	No native vegetation is proposed to be removed for the suites or cabin. The suites and cabin are located in areas free of vegetation. A Bushfire Assessment has been provided which outlines the sites are not in a bushfire prone area. However, the report outlines maintenance of existing tracks and a 20m FPZ around buildings. This is discussed further in this report.
AO20.10 The retention of existing mature trees is maximised in order to retain the landscape character of the area.	No native vegetation is proposed to be removed. The property has undergone natural rainforest regeneration particularly in the gullies since circa 1970.
AO20.11 New landscaping is dominated by locally endemic species, reflecting as close as practicable the natural state of the site.	Natural regeneration is occurring onsite with native species .
AO20.12 Accommodation buildings are designed and constructed to take advantage of the sun and breezes to heat buildings in winter and cool them in summer.	A condition is included to ensure building orientation is conducive to passive heating and cooling.
AO20.13 Buildings have construction materials and colour palettes that respond to the textures and colours of the surrounding landscapes to allow the buildings to blend and not stand out in their natural surroundings.	/X The building includes recycled timber hard wood floors, hardwood weather boards, timber windows and doors. Recycled corrugated iron is utilised as an internal wall cladding material. The applicant has not provided material finishes for the mango tree cabin. A condition is included to ensure the building reflects sustainable building design and colours and materials that blend with the surroundings.
AO21.1 Guests have the opportunity to participate in low impact non-motorised nature based recreational pursuits (such as bushwalking, kayaking, bicycle riding or observing wildlife).  AO21.2 The use provides for environmental or cultural heritage interpretation and education.	The Noosa Trail Network adjoins the sites front boundary and provides the opportunity for horse riders to utilise the proposal as well as MTB, bushwalkers and the like. Pinbarren Creek traverses the southern portion of the lot providing a natural swimming hole for guests. Most of the site is vegetated with rainforest regrowth in the gullies with an abundance of wildlife. A condition is included to ensure the accommodation provides educational and interpretation material to guests.
Biodiversity, Waterways and Wetlands Overlay Code
An area of biodiversity significance and the riparian buffer affect a significant portion of the land, however, all new buildings are located outside the overlays with no native vegetation proposed to be removed.
However, the bridge across Pinbarren Creek and a small spillway crossing on the internal road to the mango cabin are within the riparian buffer. When undertaken, the bridge replacement may disturb riparian vegetation.
The bridge works would be required without the current application for nature based tourism as the submitted certification outlines the bridge is in very poor condition. The submitted report provides short term recommendations that results in no riparian vegetation to be disturbed. However, the bridge will ultimately require replacing in the future. A condition is included that requires an operational works approval for the bridge works and vegetation rehabilitation would be conditioned as part of that approval. It is envisaged that only minor disturbance of the creek riparian vegetation will occur.
The small spillway across a drainage line to the mango tree cabin is required to be upgraded for the use. The road was constructed prior to the current scheme when this part of the site was not affected by the Biodiversity Overlay (superseded planning scheme). The Noosa Plan 2020 has included a significant portion of the lot in the Overlay. The road is existing infrastructure with minor works required and raises no concerns.
Bushfire Hazard Overlay Code
The site is affected by the high, medium and potential bushfire hazard overlay.
The applicant has provided a site specific bushfire assessment report prepared by Rob Friend and Associates. The detailed report suggests that ‘Based on the data in the QFERS Redi-portal and the outputs from the SPP Bushfire Asset Protection Zone Calculator indicates the vegetation is not a bushfire prone area and as such, neither the Old Dairy nor the Mango tree cottage is within 100 metres of an area of hazardous vegetation and as such, they do not need to respond to the Bushfire Risk overlay code.’ The report provides 8 further reasons of justification that the buildings are not sited in a bushfire prone area.
The report also suggests that as the site is in a rural landscape the proposal should implement a BMP which outlines maintenance of tracks maintaining access to Turnbull Road and a 20m FPZ around buildings. The suites have approximately 30m of setback to vegetation and the mango tree cabin can achieve this without removing any mature native vegetation. A mature non-native (camphor laurel) tree upslope of the cabin is likely to be removed to achieve the minimum 20m FPZ setback. A condition is included to ensure no native vegetation is removed within the area of Biodiversity Significance.
Flooding
While the flood hazard overlay does not affect the site, Pinbarren Creek is known to flood across the front of the property and given the steep gullies on the property, a flood management report has been provided to ensure guests are safe during a flood event.
A condition is included that ensures the flood management plan is incorporated into management operations.
Landslide Hazard Overlay Code
The suites are located on a slight slope, however, the cabin is sited on steeply sloping land. The applicant has provided a slope stability report and a condition is included to construct the cabin in accordance with the report.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering Officer
Environment Officer
conclusion & reasons for decision
The proposed development is located on the fringe of ALCA and is considered not to compromise the agricultural capabilities of the land. The accommodation is proposed within existing cleared areas of the site and offers nature based activities taking advantage of the Noosa Trail network and the natural environmental values of the regenerated rainforest occurring onsite including Pinbarren Creek which traverses the front of the site. Conditions are included which ensures the accommodation is of a sustainable building design. The proposal generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU20/0084 for a Material Change of Use - Nature-based Tourism situated at 328 Upper Pinbarren Ck Rd Pinbarren Qld 4568 and described as Lot 3 RP 851976 , it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0084
Street address:	328 Upper Pinbarren Ck Rd Pinbarren Qld 4568
Real property description:	Lot 3 RP 851976
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use for Nature-based Tourism (2 x suites and 1 x cabin)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
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
2002.03 sheet 1		Site Plan, prepared Unknown	18/6/2020
2002.03 sheet 2		Floor Plan, prepared by Unknown	19/8/2020
2002.03 sheet 3		Southern Elevation and Eastern Elevation, prepared by Unknown	19/8/2020
2002.03 sheet4		Northern elevation and Western Elevation	19/8/2020
SK02	B	Floor Plan, prepared by Ecolibrium	09-08-2019
SK03	B	South West View, prepared by Ecolibrium	09-08-2019
SK04	A	North View, prepared by Ecolibrium	27-05-2019
SK05	B	South-East View, prepared by Ecolibrium	09-08-2019
SK06	B	Front View, prepared by Ecolibrium	19-08-2019
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 16 October 2026, unless an application to extend the currency period is approved by Council.
Built Form
The maximum height of the development must not exceed 8 metres above the finished ground level or that indicated on the approved plans, whichever is the lessor.
The mango tree cabin must:
not exceed 64m² GFA;
not have a laundry;
be a sustainable building design which includes but not limited to the following:
passive building design to reduce the need for auxiliary heating and cooling;
orientated to maximise prevailing winds,
provide natural ventilation and cross breezes,
shading to the east and west walls;
maximises natural light;
contains two openings per habitable room; and
a minimum ceiling height of 2.7m,
use external finishes and muted colours that blend with the surrounding natural environment and must not stand out in the surroundings. Colours such green, olive green, blue green, grey green, yellow green, green blue, indigo, brown, and blue grey should be used.
Plans of the mango tree cabin addressing the conditions of this Decision Notice and the vehicle access arrangements must be provided to council prior to the issue of the building approval for the mango tree cabin.
The building containing the suites must use external colours that blend with the natural environment and must not stand out in the surroundings.
The development must be provided with a potable water supply connected to the suites and cabin.  In this regard, at least 75% of the water requirements must be provided from onsite rainwater harvesting.
The Nature-based tourism use must obtain a minimum of 33% of its power from onsite renewable sources such as photovoltaic cells. Prior to the issue of the building permit for the use, certification must be submitted to Council which certifies that the power use requirements of this Decision Notice can be met.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Nature and Extent of Approved Use
The suites (noted on plans as visitor accom 1 and 2) and mango tree cabin are approved for Nature-based Tourism pursuant to The Noosa Plan 2020. The approved suites and mango tree cabin must not be occupied by persons for the purpose of permanent accommodation. The kitchen facilities must only be used as part of the Nature-based Tourism use.
The Home-based business clinic shown on the approved plans (work 1 room and herbal room/reception) is not part of this approval.
The total number of guests accommodated at any one time must not exceed 12.
Guests must be provided information on non-motorised nature-based activities within the surrounding area, such as bushwalking, bicycle riding and wildlife observation (onsite and in the surrounding area). Including information on the Noosa Trail Network and Woondum National Park.
Bushfire
Bushfire management must be undertaken in accordance with the Bushfire Management Plan contained in the Bushfire Hazard Assessment Report prepared by Rob Friend and Associates and dated 9 August 2020. In this regard, no clearing of native vegetation within the area of Biodiversity Significance or Riparian buffer is to take place for the purpose of the Fire Protection Zone.
Flood
The recommendations of the Flood Management Plan prepared by Protest Engineering and dated 28 June 2019 must be incorporated into the operational management of the Nature-based Tourism use.
ENGINEERING
Property Access and Internal Access Roads
Prior to commencement of the use, the existing timber bridge used to access/egress the subject property, must:
be upgraded in accordance with the findings of Tod Consulting’s “Level 3 Report and Certification”, ref CD: JM 20507, date 14/02/2020 so it is safe for public use. Certification provided by an RPEQ certifying the bridge is safe for public use must be provided to council; AND
be replaced when necessary to ensure public safety.
Any bridge replacement works must be in accordance with an operational works approval.
Upon completion of the bridge upgrade/replacement works, a certificate must be issued by an RPEQ certifying that the bridge is structurally sound and its structure is suitable for safe public use. The certification must be submitted to Council prior to the commencement of the use.
Internal access roads (namely to the “Mango Cabin”) must be improved generally in accordance with Protest Engineering documents, submitted on 20 August 2020, namely:
Report “Access Review”, Number PTP/03729-0001-Rev1 (App 2 – Protest – Internal roads Review.pdf); and
Drawing “Spillway Crossing Detail”, Number PTP/03729/EX01 (App 2a – Protest – internal road spillway design.pdf).
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All earthworks must be undertaken generally in accordance with the findings of Protest Engineering’s “Slope Stability Assessment Report”, number PTP/03499-001, submitted on 20 August 2020
All earthworks must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016. The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
property notes
Not applicable.
reference Documents
Doc No.	Rev.	Plan/Document Name	Date
PTP/03729 – 0001	1	Access Review, prepared by Protest Engineering	8 April 2019
CD:JM 20507		328 Upper Pinbarren Creek Road, Pinbarren – Property Bridge – Level 3 Report and Certification, prepared by TOD Consulting Engineers and Project Managers,	14 February 2020
RFA19-039-02		Bushfire Hazard Assessment Report – 328 Upper Pinbarren Creek Road, Pinbarren, prepared by Rob Friend & Associates	9 August 2020
PTP/0372 – 0001	1	Flood Management Plan, prepared by Protest Engineering	8 April 2019
PTP/03499 – 0001		Slope Stability Risk Assessment Report, prepared by Protest Engineering	13 August 2019
PTP/03729/EX01		Spillway Crossing Detail, prepared by Protest Engineering	N/D
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Bridge replacement
Development Permit for Building Works	All Building Work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

[word/footer1.xml]
Page 18 of 18

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
Proposed Visto 3
Fat
106
ae
Farm shed
m
\
Site
\é
Fam Shed
13
>
A

[Attachment: image3.png (image text)]
 

 

 

 

 

Deck

a LH ithe al

 

 

 

 

 

© Visitor Accom 4
oF “So Fe
ly sdk 60m2

x $ a

 

 

 

—a

 

 

 

cell

Clinic
Deck 3A
oe &

a Reception ‘=

 

 

n ®
kitchen

 

 

  

Deck

SW SA

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

PT 200

 

 

 

 

 

1200

 

 

5510

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I

 

 

 

 

 

2000

 

 

 

 

 

 

 

 

16210

 

 

500}

 

 

 

4
°® \e © ‘ & Bah se ie
60m2 C ~
Living ot © : g|
© Visitor Accom 2 ye I *|
Man © ye © | Bed Bgom |
© :
had I
Area Deck t §

3400

to

 

 

 

 

 

 

 

ileg: J57 Pinbarren

 


[Attachment: image4.png (image text)]
timber frampd

doors ond

 

 

Custom Orb roof sheet we ~

 

 

 

indows

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pool and Spa

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

timber ‘ramed
doofs and windows

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

hw weatherboard
Dain SS co =

 

NORTHERN ELEVATION

Custom Orb roof sheet
20" roat pitch

  

 

 

 

timber fram
doors and whiddes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pool and Spa

100x100F14 hw

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TL émm fs column

 
   

 

 

 

Note — handrails

 

 

required where

floor level Is 1000 of less above finished ground

posts

Fileg: 457 Pinborren

 

Tourist Accommodation