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planning report Martins Rd DBW - 29.09.21
Development Application
Planning Report
Development Permit for Short Term Accommodation (4 cottages)
situated at 53 Martins Rd, Cooroy
(Lot 4 RP852013)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................ 3
1.2 Planning instrument details ....................................................................................................... 3
2.0 Site details ......................................................................................................................... 4
2.1 Site description .......................................................................................................................... 4
2.2 Surrounding land uses ................................................................................................................ 4
3.0 Proposed development details .......................................................................................... 5
4.0 Planning assessment .......................................................................................................... 6
5.0 State assessment and other matters ................................................................................ 10
5.1 State interests .......................................................................................................................... 10
5.1.1 Matters established in the Planning Regulation ............................................................................ 10
5.1.2 State Planning Policy ...................................................................................................................... 10
6.0 Conclusion ....................................................................................................................... 10
Client Name: Christian Ramsay Hamilton Craig & Lauren Ashley D’Arsie
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 2
Date: 29 September 2021
This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Development Permit for Material Change of Use – Short term
Accommodation (4 units)
Site address: 53 Martins Rd, Cooroy
Real property description: 4RP852013
Site area: 15.5 hectares
Owner details: Christian Ramsay Hamilton Craig & Lauren Ashley D’Arsie
Applicant details: Christian Ramsay Hamilton Craig & Lauren Ashley D’Arsie c/
Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy
Regional plan: SEQ Regional Plan 2017
Designation: – Regional Landscape and Rural Production
Planning scheme: The Noosa Plan 2020
Zone: Rural Zone
Level of assessment: Code
Applicable overlays: Agricultural Land Conservation Area
Regional Infrastructure – Water Catchment
Applicable codes: Regional Infrastructure Overlay Code
Rural Zone Code
Visitor Accommodation Code
Works Code
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Detached House and sheds
Access Existing access from Martins Rd
Topography and views The site drains to the east and west towards tributaries of Lake Macdonald
Previous Approvals PC10/4060 (Extensions to Detached Dwelling)
Easements Nil
Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 244 Cooroy Mountain Rd (19ha rural zone) – detached house, sheds and dams
West 11 Martins Rd (4.4ha rural zone) – detached house, sheds and dams
South 43 & 49 Martins Rd (1.4 & 0.8ha rural zoned lots) – detached house, sheds and dams
East 77 Martins Rd (32ha rural zone) – detached house, sheds and dams
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3.0 Proposed development details
The proposed cabins are to be used for short term renting to visitor’s seeking to engage with the
appreciation of the rural environment on the site and surrounding area. The site is approximately
1km to the west of Mount Cooroy and 1.5km to the north of the Eumundi Range Lookout. The site
includes a tributary of the 6 Mile Creek, which feeds into Lake Macdonald. The site affords sweeping
270-degree views to the north towards Mt Cooroy and the Lake Macdonald catchment.
Four cabins are proposed including the following features:
- Unit 1 is in the northeast corner of the site and includes a 1-bedroom 75m2 gross floor area
building and associated carport.
- Unit 2, 3 and 4 is in the southeastern portion of the site adjacent to the entrance driveway.
Each unit includes a 1-bedroom 75m2 gross floor area building and associated carport.
The cabins are sited so as not to overlook the living areas of neighbouring premises, and directly
accessible from Martins Road (sealed). Each cabin also provides an appropriate supply of water
through provision of water tanks. The Plumbing and Drainage Act 2003 sets outs requirements for
on-site effluent treatment and disposal and can be conditioned appropriately.
A copy of the proposed plans are included with the application.
Figure 2: Proposed development render of the cabins
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4.0 Planning assessment
An assessment against the relevant provisions is provided below with further assessment regarding
the noncompliance provided thereafter.
Table 3: Assessment against key development parameters within The Noosa Plan 2020:
Regional Infrastructure Overlay Code
Provision Code Provision Proposal and Comments Compliance
PO1 – Water PO1 - Development does not cause adverse The applicant proposes to use individual Y
Catchment effects on: advanced enviro septic systems for each of the
- the quality and quantity of water entering units as shown on the proposal plans. The
Lake Macdonald, Cedar Pocket Dam or its sizing of each unit is based on preliminary
tributaries, or the Mary River drinking water advice from a local AES provider and installer.
intake;
- flow regimes, flooding levels or flood A condition can be applied for the detailed
volumes outside the boundaries of the site; drawings and soli reporting to be undertaken as
and part of the building and plumbing works
- the environmental values, land resources approval process. The Plumbing and Drainage
and natural systems in these catchments. Act sets out the strict requirements and ensure
the water quality is enhanced..
Rural Zone Code
A02.4 – Ag Land AO2.4 The application proposes a residential use PO
Overlay No sensitive land use is established closer within 200m from land in the Rural Zone
than 200 metres from land on an adjacent mapped as Agricultural Land Conservation
property included in the Rural zone and Area.
mapped as Agricultural Land Conservation
Area as shown in Agricultural Land Overlap
Maps in schedule 2.
There are no cropping activities adjoining the
site on the adjoining Rural Zoned land and does
not result in the loss or diminished production
capacity of the Ag Land Conservation Area,
consistent with the relevant Performance
Outcome.
A07 - Height AO7.1
Buildings are no more than two storeys in The development is one storey and less than Y
height. 8m in height.
AO7.2
With the exception of Class 10 buildings or
structures used exclusively for a rural
activity, buildings and structures are no more
than 8 metres in building height providing that
they may be up to 9 metres where the pitched
roof but no other part of the building or
structure exceeds 8 metres.
Alternative provision to the QDC
AO7.3
With the exception of Class 10 buildings or
structures used exclusively for a rural activity,
individual buildings or roofed structures do
not exceed 500m2 gross floor area.
AO7.4
Class 10 buildings used exclusively for the
purpose of animal
husbandry, aquaculture, cropping, intensive
animal industry, intensive horticulture or rural
industry do not exceed 12 metres in height.
AO7.5
A structure, not constituting a building, used
exclusively for the purpose of animal
husbandry, aquaculture, cropping, intensive
animal industry, intensive horticulture or rural
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industry does not exceed 15 metres in
height.
AO7.6
Where excavation is required, the maximum
portion of the exposed external façade of
the building cannot exceed the
respective building heights in AO1.1 , AO.2,
AO7.3, AO7.4 and AO7.5 above.
Editor's note—refer to figure AP3-13A
A08 - Setbacks AO8.1 The site is more than 2ha and proposes a PO
Buildings used to house animals, temporary building 10m from the northern boundary and
holding yards, structures containing areas of 26m from the eastern boundary. The adjoining
animal waste or by-product disposal are not land is mapped as Agricultural Land
within 100 metres of: Conservation Area.
1. the boundary of properties
in a residential zone
including the rural
residential zone;
2. a sensitive land use;
3. the boundary of adjoining
properties in the There are no cropping activities adjoining the
environmental management site on the adjoining Rural Zoned land and is
and conservation zone; or appropriately setback to avoid conflict with rural
4. a waterway shown on uses and activities on adjoining properties,
the Biodiversity, Waterways consistent with the relevant Performance
and Wetlands Overlay Outcome.
maps in schedule 2.
AO8.2
Buildings or structures which are used for
the storage of chemicals or machinery,
stockpiling of composting or organic
fertilisers, or which support artificial lighting
or irrigation sprayers are not within 100
metres of:
1. the boundary of properties
in a residential zone
including the rural
residential zone;
2. a sensitive land use;
3. the boundary of adjoining
properties in the
environmental management
and conservation zone; or
4. a waterway shown on
the Biodiversity, Waterways
and Wetlands Overlay
maps in schedule 2.
AO8.3
With the exception of a roadside stall,
buildings and structures associated with a
rural activity or industrial activity are set back
20 metres from a road reserve or 40 metres
from any part of the major road network.
AO8.4
In addition to the circumstances of AO8.1, to
AO8.3 above, buildings and structures meet
the following minimum boundary setbacks:
1. 20 metres from a property
boundary of adjoining land
in the Environmental
management and
conservation zone;
2. a distance greater than the
width of the riparian buffer
area shown on Biodiversity,
Waterways
and Wetland Overlay
maps;
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3. 10 metres from a
road frontage; and
4. 10 metres from the side and
rear boundaries or 6 metres
where the lot area does not
exceed 1 hectare, with the
exception that if the height
of the building or structure
exceeds 9 metres
the setback to the side and
rear boundaries is equal to
twice its height in metres.
AO8.5
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.
Alternative provision to the QDC
A011 – Scenic AO11.1 No vegetation is required to be removed for the Y
Amenity Development does not result in sediment, development and there are no nominated
soil or other material building envelopes.
including building materials or waste
products being released into the road
reserve, stormwater drains, waterways or
adjacent properties.
AO11.2
Natural Vegetation is retained wherever
possible.
AO11.3
Where there is a nominated building
envelope on the lot, clearing of
native vegetation and building works do not
extend beyond the building envelope, except
for the purposes of a driveway access.
A015 - AO15.1 The development is appropriately located and Y
Earthworks To protect scenic amenity and other architecturally designed to be sympathetic to
landscape qualities, buildings, structures and the location. None of the units are proposed on
associated accessways are not constructed steep land or require cut or fill >1.5m.
on land with a slope greater than 25%.
AO15.2
On sloping sites or on ridgelines at the
uppermost edge of a hill slope:
1. roof lines are generally
parallel with contours of the
land;
2. roofs do not exceed a pitch
of 15 degrees; and
3. buildings do not protrude
above the height of
prevailing vegetation.
AO15.3
Cut or fill is less than 1.5 metres in depth
relative to natural ground surface
AO16.1 Not Applicable Not
Development includes linkages to or Applicable
between existing or future components of
the Noosa Trail Network, as indicated on
the Strategic Framework Infrastructure Map
AO16.2
Development does not have an adverse
impact on the access functions of the Noosa
Trail Network.
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Visitor Accommodation Code
Provision Code Provision Proposal Compliance
Visitor accommodation is not located within:
AO1 – Location There are no intensive animal industries, Y
1. 150 metres of land within the Low impact horticulture or agricultural operations on
industry zone; adjoining properties.
2. 200 metres of land within the Medium
impact industry zone;
3. the designated separation area of a Key
Resource Area;
4. 250 metres of an intensive animal
industry, intensive horticulture use
or rural industry; or
5. 100 metres of agricultural operations
on adjoining premises.
In the Rural zone or Rural
AO2 – Size Residential zone the site used for Nature- The site is 15ha in size Y
based tourism or short-term
accommodation has a minimum area of 4
hectares.
Accommodation within a water catchment
A04 – Effects of area relies on minimal clearing of No clearing is required and only minimal Y
Use natural vegetation, earthworks, and earthworks are required to accommodate the
cabins.
movement of sediments or nutrients from
the site and any on-site disposal of effluent is
to a secondary treatment standard.
Accommodation is sited so as not to
A08.3 – Safety overlook the living areas of neighbouring The cabins are designed and located so as not Y
and Amenity premises be seen by adjoining properties.
Visitor Accommodation is directly accessible
A011.1 - Traffic from a sealed road or a good standard Martins Road is a sealed road which includes a Y
gravelled road shared gravel easement through the site. The
proposal is a consistent use and the 4 cabins
will result in less traffic than an as of right
intensive rural industry occurring on the site.
Short term parking is provided near
AO12.2 the office to allow for check-in and check-out. Parking is provided adjacent to each of the Y
cabins. The owners seek to run the short term
accommodation use via an online platfrom with
access codes and directions. The owners also
live onsite and will meet the tourists within each
of the units.
where reticulated water supply is not
AO13.2 available, visitor accommodation is provided Rainwater tanks are to be provided with each of Y
with an alternative drinking water supply the cabins in accordance with the relevant
source (e.g. rainwater) that complies with guidelines considered as part of the building
the Australian Drinking Water Guidelines and plumbing approvals.
(NHMRC,2011)
Except where in the form of a serviced
PO22 apartment or hotel room the short term Each unit includes kitchen, dining and laundry Y
accommodation use is provided with facilities to accommodate the needs of visitors.
sufficient kitchen, dining, laundry and
common room facilities to accommodate the
needs of visitors and resident staff.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Short Term
Accommodation (4 units) situated at 53 Martins Road, Cooroy. The proposed development is code
assessable and meets the relevant Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.
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