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planning report Martins Rd DBW - 29.09.21

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            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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Page 3

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




                                                                               Page 3 of 10

Page 4

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




                                                                                         Page 5 of 10

Page 6

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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Page 7

                 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.




                                                                                                                      Page 8 of 10

Page 9

                                                 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.




                                                                                                                           Page 9 of 10

Page 10

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.




                                                                                                                    Page 10 of 10

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