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Reasons for Exemption EXE23 0016 [As Published]
DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION
Author Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. EXE23/0016
Applicant Suncoast Building Approvals
Proposal Alterations and additions to a dwelling house located within
mapped landslide hazard area and within 200m of mapped
Agricultural Land Conservation Area (ALCA).
Memo Completed Date 6 June 2023
Memo Reviewed By <insert officer & date>
PROPERTY DETAILS
Property Address 225 Ocean View Rd Cooroy
RP Description Lot 1 RP864123
1. DETAILS
The proposal is for alterations and additions to a dwelling house located within mapped landslide
hazard area and within 200m of mapped Agricultural Land Conservation Area (ALCA). The
Planning Act 2016 allows exemption certificates to be issued where ‘the effects of the development
would be minor or inconsequential, considering the circumstances under which the development
was categorised as assessable development’ and/or ‘the development was categorised as
assessable development because of an error’.
Landslide Hazard Area
The proposal triggers assessment due to non-compliance with Acceptable Outcome AO22.1 of
the Low Density Housing Code, as the proposed dwelling house is located within the mapped
Landslide Hazard Overlay.
The Low Density Housing Code includes an error in that an ‘or’ has been excluded between
Acceptable Outcome AO22.1 and AO22.2. The ‘or’ would allow a development that is located
within the mapped hazard area (ie does not comply with AO22.1) to demonstrate compliance with
the landslide provisions of the scheme under the Low Density Housing Code by submitting a slope
stability assessment that demonstrates that the development, including associated access, is
located outside moderate, high and very high landslide hazard areas and areas with 15% slope or
greater (ie complying with AO22.2).
The applicant has not submitted a slope stability report for the proposal stating that ‘the new work
is within the existing building footprint and no new footing will be required’. Council’s Coordinator
Engineering (Development Assessment) concurs with the applicant that given the proposal is
within the existing footprint and no new footings are required, that a slope stability report is not
necessary. The proposal is compliant with all other requirements of the Noosa Plan 2020.
Setbacks to Agricultural Land Conservation Area
Acceptable Outcome AO2.4 of the Rural Zone Code states:
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Version: 4, Version Date: 07/06/2023
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DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION
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.
Acceptable Outcome AO8.5 of the Rural Zone Code states:
On properties over 2 hectares in area, a distance of not less than 200 metres is provided
between a sensitive land use and land on an adjacent rural zone property over 4 hectares in
mapped Agricultural Land Conservation Area.
The proposal is for alterations and additions to a dwelling house only, and as such the sensitive
land use has already been established on site. The proposed additions are located approximately
30m from mapped ALCA to the north and will have inconsequential impacts on adjoining premises
and will not impact on agricultural activities in the area. The proposal is compliant with all other
requirements of Noosa Plan 2020.
2. PLANS / DOCUMENTS
The plans included in this appraisal are listed in the following table:
Plan No. Rev. Plan/Document Name Date
D.01 - Site Plan, prepared by Jarazo Design + Construction 17/04/2023
D.04 - Proposed Ground Floor Plan, prepared by Jarazo Design + 17/04/2023
Construction
D.05 - Proposed First Floor Plan, prepared by Jarazo Design + 17/04/2023
Construction
D.06 - North & South Elevations, prepared by Jarazo Design + 02/03/2023
Construction
D.07 - East & West Elevations, prepared by Jarazo Design + 02/03/2023
Construction
Should the plans listed above be altered or amended, the advice included in this memo is no longer
applicable.
3. COMMENTARY
Council determined that the proposal was exempt for the following reasons:
1. The proposal is for alterations and additions to an existing Dwelling house only, with all
proposed works located within the existing footprint and no new footings being required and
therefore should be considered Accepted Development under Noosa Plan 2020.
2. The applicant proposes alterations and additions to existing Dwelling house within 200m of
mapped Agricultural Land Conservation Area. The alterations and additions will have
inconsequential impacts on surrounding land uses and neighbouring properties and therefore
should be considered Accepted Development under Noosa Plan 2020.
Page 2 of 2
Document Set ID: 22447204
Version: 4, Version Date: 07/06/2023