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Development Application Letter

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Friday, 28th July 2023


Our Ref: 23277



       NOOSA COUNCIL
       PO BOX 141
       TEWANTIN QLD 4565

       ATTENTION: The Chief Executive Officer
       VIA EMAIL: [email protected]



Dear Sir,

LODGEMENT OF MATERIAL CHANGE OF USE APPLICATION
PROPOSED DWELLING HOUSE

40 MCPAULS ROAD, LAKE MACDONALD, QLD, 4563
LOT 4 ON SP221479

On behalf of the applicant, Radheath Pty Ltd, please find enclosed a Material Change of Use
application for a Dwelling House at the above site.

In the Noosa Plan 2020 (the Plan), the subject site forms part of the Rural zone where typically
a Dwelling House is self-assessable development. However, in this case, as a Dwelling House
is defined as a sensitive land use in the Plan and the proposal would be located within 200m
of the adjoining site, which is also located within the Rural Zone and mapped as part of an
Agricultural Land Conservation Area, it does not comply with Acceptable Outcome, AO2.4, of
the Rural zone code. As a result, the proposed development becomes code assessable
development, in accordance with Section 5.3.3(2) of the Plan.

The application comprises this letter and the following documents:

   •   DA Form 1;
   •   Attachment 1 - Proposal Plans prepared by Oly Homes; and
   •   Attachment 2 - Noosa Plan Code Assessment.

The Council application fee of $2,543 will be paid on receipt of the application reference and
invoice for the application fee.

Further details of the proposed development together with an assessment against the relevant
sections of the Plan are provided below.

1.0     SITE DESCRIPTION
As mentioned above, the subject site is located at 40 Mcpauls Road, Lake Macdonald and is
legally described as lot 4 on SP221479. The lot, which has an area 221,600m2, is located on
the eastern side of Mcpauls Road.
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As Figure 1 below illustrates the subject lot is irregular in shape with the main body of the site
located on the eastern side of the lot, with a relatively narrow handle extending to Mcpauls
Road to the west. Part of the northern boundary of the lot adjoins Cooroy Noosa Road.

Figure 1 shows that there are already a number of sheds located close to the southern
boundary of the property.




             Figure 1 – Application Site (Source Noosa Plan Mapping accessed 3rd July 2023)

Figure 1 also shows that there are two smaller lots to the north west of the application site (lot
22 on SP167229 & lot 2 on SP221480) which are both improved by dwelling houses and do
not appear to be used actively for agricultural purposes. Lot 22 on SP167229, which is
immediately to the north of the application site, has an area of 20,090m2 and has a maximum
width of just under 100m. Lot 2 on SP221480 located on the eastern side of the intersection of
Mcpauls Road and Cooroy Noosa Road has an area of 53,550m2. The width of this lot varies
but it is generally less than 200m wide.

The lots immediately to the east of the application are heavily vegetated, contain core koala
habitat and are less than 4 hectares in size.

There are two lots that adjoin the southern boundary of the application site. Lot 2 on RP201477,
which is over 22 hectares in size, has a dwelling house located close to Mcpauls Road and is
generally clear of vegetation. Lot 11 on SP260173, which is more than 30 hectares in size, has
a vegetation buffer adjacent to the lot boundary which is mapped as code koala habitat.

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2.0    DEVELOPMENT PROPOSAL

As outlined above, the application seeks approval for a Dwelling House on the subject site. As
the extract of the proposed site plan in Figure 2 below illustrates, the proposed Dwelling House
is located on the western side of the property between the existing sheds and Mcpauls Road.




                        Figure 2 – Proposed Site Plan prepared by Oly Homes

The Detailed Site Plan in Attachment 1 shows that the proposed Dwelling House is setback
approximately 97m from the front property boundary and 10m and 25m from the northern and
southern boundaries respectively.

The Proposal Plans illustrate that Dwelling House is single storey and has a maximum height
of 4.1m above natural ground level.

Th floor plans for the building show that the Dwelling House, which has an internal floor area
of 159m2, has four (4) bedrooms. The internal layout also includes two (2) bathrooms, a
laundry, lounge, kitchen and living area.

The proposed floor plans also show that the Dwelling House has a 34m2 verandah at the rear
of the building and a 6m2 entry deck.

Access to the Dwelling House will be provided via the existing driveway from Mcpauls Road.

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The elevations show that the Dwelling House will be finished with horizontal cladding and
colourbond roofing is also proposed.

3.0       NOOSA PLAN 2020 ASSESSMENT

As mentioned previously, the application site is in the Rural zone in the Plan. Tables 5.5.13 in
the Plan identifies a Dwelling House as Accepted development subject to the compliance with
the following Acceptable Outcomes:

 Code                                              Relevant Acceptable Outcomes
 Rural Zone                                        AO2.4, AO7.1, AO7.2, AO7.3, AO8.4,
                                                   AO8.5, AO12, AO13 and AO15
 Low Density Housing                               AO2.1, AO3, AO5.2. AO5.3, AO8, AO9,
                                                   AO12, AO13, AO14, AO15, AO16, AO18,
                                                   AO19, AO21 and AO22

The application is assessed against the Acceptable Outcomes in the Noosa Plan Code
assessment in Attachment 2. This assessment identifies that the proposal complies with, or
can be conditioned to comply with all the relevant Acceptable Outcomes except AO2.4 and
AO8.5 in the Rural zone code. These non-compliance with AO2.4 and AO8.5, are discussed
in section 3.1 below and alternative outcomes that comply with the relevant overarching
Performance Outcomes, PO2 and PO8, are proposed.

3.1       Alternative Outcomes

Acceptable Outcome AO2.4 reads as follows:

          “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”

As shown in the overlay maps in section 3.2 below, the proposed Dwelling House will be
located within 200m of land on adjoining properties that are located within the Rural zone and
mapped as Agricultural Land Conservation Area. On this basis the proposal needs to be
assessed against the associated Performance Outcome, PO2, which reads as follows:

          PO2
          “Development does not result in the loss or diminished productive capacity
          of Agricultural Land Conservation Area.”

Applicant’s Comments
It is considered that the proposal complies with PO2 for the following reasons;

      •   In order to comply with the 200m separation distance the proposed Dwelling House
          would need to be located approximately 500m from Mcpauls Road and 200m from the
          southern property boundary which would result in an excessively long driveway.

      •   Locating the Dwelling House on the eastern portion of the lot would move it into an area
          mapped as being part of a bushfire hazard buffer (refer to section 3.2 below). The
          overlay extracts in section 3.2 below also show that the eastern portion of the lot

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       contains areas mapped as containing biodiversity values and having landslide hazard.
       Given these constraints, the proposed location of the Dwelling House is considered to
       be the most practical and sensitive location given the environmental values of, and the
       natural hazards that affect the site.

   •   The location of the proposed Dwelling House close to Mcpauls Road is consistent with
       the prevailing pattern of development in the local area with existing dwelling houses
       located close to Mcpauls Road; and

   •   The two lots immediately to the north of the subject site, lot 22 on SP167229 and lot 2
       on SP221480 are only 2 hectares and 5.3 hectares respectively and neither lot is used
       for agricultural purposes at present. Furthermore, given the limited size of these lots, it
       is considered that neither of these of these lots could be used viably for agricultural
       production.

On this basis, it is considered that the proposed development does not realistically diminish
the productive capacity of the Agricultural Land Conversation Area in accordance with PO2
and is the most sensitive response to the environmental values and natural constraints that
affect the site.

Acceptable Outcome AO8.5 reads as follows;

       “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 subject lot is larger than 2 hectares and the proposed Dwelling House is within 200m of
land mapped as part of an Agricultural Land Conservation Area on the following adjoining lots,
lot 2 on SP221480, lot 2 on RP201477 and lot 11 on SP260173 which are all lager than 4
hectares. On this basis, the proposal has been assessed against the Performance Outcome
PO8 below.

PO8, reads as follows:

       “Notwithstanding that intensive rural activities may need greater separation distances,
       buildings and other structures are appropriately sited and designed to:

               1. avoid environmental harm or nuisance to sensitive land uses, including
                  adverse impacts on amenity values, over and above what could
                  reasonably be expected in the rural zone;
               2. avoid adverse impact on ecologically important areas including National
                  Parks, watercourses, and wetlands;
               3. mitigate risks associated with the use of chemicals or air pollutants; and
               4. avoid conflict with rural uses and activities on adjoining properties”.

Applicant’s Comments
As mentioned in the discussion about AO2.4 above, the proposed location of the Dwelling
House is considered to be most appropriate location given the established character of the
local area and the environmental values and natural hazards that affect the site. Within this
context, the proposal is considered to comply with PO8 for the following reasons:

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      •   There are a number of existing Dwelling Houses in the local area and there are no rural
          activities within the local area that would result in future residents experiencing
          unreasonable environmental harm;

      •   The proposed Dwelling House location has been chosen to avoid impacting areas of
          environmental value;

      •   The proposed dwelling house is located outside the areas mapped as containing
          bushfire hazard;

      •   The proposal use does not involve chemical or air pollutants; and

      •   Given the locations of the Dwelling Houses on the adjoining lots, it is considered that
          the position of the proposed Dwelling House will minimise any potential conflicts with
          future rural uses and activities within the local area.

3.2       Overlays

The subject site is affected by several overlays which are discussed in the Table below.

        Overlays
 Agricultural land                                                    Comment
                                                                      The majority of the site is
                                                                      mapped         as       an
                                                                      Agricultural         Land
                                                                      Conservation         Area
                                                                      ALCA). The lots to the
                                                                      north west and south are
                                                                      also mapped as ALCA.
                                                                      Those sections of the site
                                                                      that are not mapped as
                                                                      ALCa are affected by the
                                                                      Biodiversity and Bushfire
                                                                      Hazard Overlays below.
 Bushfire hazard                                                      Comment:
                                                                      The Dwelling House is
                                                                      located     outside    the
                                                                      mapped bushfire hazard
                                                                      areas so no assessment
                                                                      against the overlay code
                                                                      is required.

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 Flood hazard                                                      Comment:
                                                                   The Dwelling House is
                                                                   located     outside  the
                                                                   mapped flood hazard
                                                                   areas so no assessment
                                                                   against the overlay code
                                                                   is required.




 Biodiversity,                                                     Comment:
 waterways & wetland                                               The Dwelling House is
                                                                   located   outside   the
                                                                   mapped biodiversity so
                                                                   no assessment against
                                                                   the overlay code is
                                                                   required.




 Landslide hazard                                                  Comment:
 The site contains areas                                           The Dwelling House is
 mapped as having high                                             located     outside  the
 and moderate hazard.                                              mapped landslide hazard
                                                                   areas so no assessment
                                                                   against the overlay code
                                                                   is required.




As outlined above, the proposed Dwelling house is not affected by any overlays that affect the
site.

CONCLUSIONS

This application seeks approval for a Dwelling House located in the Rural zone and within
200m of land mapped as Agricultural Land Conservation Area.

The assessment set out above demonstrates that the proposed Dwelling House complies with
all the relevant Acceptable Outcomes in the Low Density Housing Code and generally complies
with the applicable Acceptable Outcomes in the Rural zone code. Where there are non-
compliances with the Acceptable Outcomes in the Rural zone code, it has been demonstrated

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that the proposal complies with the relevant Performance Outcomes. Finally, it has also been
shown that there are no overlays that are applicable to the proposed development. On this
basis, it is considered that the proposal warrants Council support and should be approved
subject to reasonable and relevant conditions.

Should you have any questions with respect to the above, please do not hesitate to contact
me direct.

Yours faithfully
PROJECT URBAN



Mick Sheppard
Director
Email: [email protected]

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