Delegated Report - Code - Planning MCU21 0052

Author	Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0052
Applicant	Katherine Hayley Langford Kevin Victor Thomas
Proposal	Material Change of Use - Dwelling house
Properly Made Date	29 March 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	4 June 2021
Report Completed Date	27 May 2021
Report Reviewed By	Patrick Murphy 27 May 2021

PROPERTY DETAILS
Property Address	268 Kinmond Creek Rd Cootharaba Qld 4565
RP Description	Lot 17 RP 903874
Land Area	3.987ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity Waterways and Wetlands Overlay Bushfire Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house consists of a kitchen, living/dining area, bathroom and deck. It is proposed to clear 1054m2 of vegetation or a dwelling house which consists of 90m2 of gross floor area and bushfire setbacks. The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Area of Biodiversity Significance – Biodiversity, Waterways and Wetlands Overlay.

Figure 3 – Site Plan

Figure 4 – Floor Plan

Figure 5 – Elevations
site details
Site Description
The subject site is comprised of 3.9 hectares and falls form the north-eastern corner in a south and south-eastern direction at an approximate 5.4% gradient. The main characteristics of the site are the mature vegetation which is present over the whole of the property, and a stream in the south eastern corner. The mature vegetation is mapped as an Area of Biodiversity Significance under the Biodiversity, Waterways and Wetlands Overlay Map (refer to Figure 2) and as Core Koala Habitat Area by the State Assessment and Referral Agency (refer to Figure 6). Further, the stream is highlighted as a Waterway and Riparian Buffer Area under the Biodiversity, Waterways and Wetlands Overlay Map (Figure 7). The entire site is considered a High Potential Bushfire Intensity Area by the Bushfire Hazard Overlay Map (refer to Figure 8). Access to the property is available via a driveway from Kinmond Creek Road and an access road runs parallel to the northern property boundary to an already cleared area.

Figure 6 – Core Koala Habitat Area

Figure 7 – Elevations

Figure 8 – Elevations

Surrounding Land Uses
The surrounding land uses of the subject site are typical of the rural setting and generally comprise of large lots with a dwelling houses and mature vegetation. A desktop analysis indicates the property to the west of the subject site is used for agricultural related activities and displays sporadic patches of Agricultural Land Conservation Area, which is located 120 metres form the proposed dwelling house.

Figure 9 – Surrounding Land Uses
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code
The subject site is located in Cootharaba and is zoned Rural. 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:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	1 storey 4.1 metres	
Gross floor area	500 m² max	90m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	89 metres 42 metres 69 metres 217 metres	
Agricultural Conservation Land Area setback	200 metres min	89 metres	X
Carparking	2 covered min	0 covered	X
Biodiversity
Acceptable Outcome AO1.3 of the Biodiversity, Waterways and Wetlands Overlay Code seeks where clearing of vegetation cannot be practicably avoided, the development:
ensures the design and siting limits the loss of vegetation to the smallest extent possible;
protects and retains ecological values and ecosystems processes to the greatest extent possible within and adjacent to the site;
provides measures to allow for safe movement of fauna through the site; and
provides suitable habitat replacement and replanting in accordance with PSP Ecological Assessment Guidelines.
The entirety of the subject site is covered in vegetation and is mapped as an Area of Biodiversity Significance under the Biodiversity, Waterways and Wetlands Overlay Map. Therefore, in order to develop the site for its intended use, being a dwelling house and associated structures, the clearing of vegetation cannot be practicably avoided.
The applicant proposes clearing an area of 1054m2 (refer to Figure 10) in order to construct a dwelling house (for fire emergency service fighting). It is noted that the proposed development is located on a mapped area of High Potential Bushfire Intensity under the Bushfire Hazard Overlay map (Figure 8). The amount of clearing is required in order to meeting Bushfire requirements detailed in the Bushfire Risk Assessment and Bushfire Risk Management Plan, provided by the applicant.

Figure 10 – Proposed 10m bushfire setbacks

The position of the dwelling house is recommended in the Bushfire Risk Management Plan, detailing a firebreak of 10 metres from any retained vegetation and the following separation distances from hazards;
10 metres – north bushfire attack,
10 metres – south bushfire attack,
10 metres – east bushfire attack, and
10 metres – west bushfire attack.
It is noted approximately 38,816m2 of the mature vegetation on the subject site will be retained.
As such, the proposed development complies with Acceptable Outcome AO3.1 of the Biodiversity, Waterways and Wetlands Overlay Code.

Koala Habitat
The Planning regulation 2017, Schedule 10 states; development that interferes with koala habitat, in an area that is a koala habitat area, is either exempted development or prohibited development. The applicant seeks to clear approximately 1054m2 for a 90m2 GFA dwelling house and to comply with bushfire setbacks. The amount of clearing proposed by the applicant is considered exempt development as defined in Schedule 24 of the Planning Regulation 2017 and is therefore considered not prohibited development under Schedule 10, Part 10, Division 3, Section 16A – Development interfering with koala priority area and koala habitat area of the Planning Regulation.

Proximity to Agricultural Land
Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code seek to protect sensitive land uses from the adverse amenity impacts that result from use associated with Agricultural Land Conservation Areas.
Acceptable Outcome AO2.4 of the Rural Zone Code seeks that no sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as an Agricultural Land Conservation Area under the Agricultural Land Overlay Map. Further, Acceptable Outcome AO8.5 requires that 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.
Figure 11 represents the proximity of land described as Agricultural Land Conservation Area by the Agricultural Land Overlay Map from the proposed dwelling house. The proposed dwelling is to be located 120 metres from an Agricultural Land Conservation Area.
The corresponding Performance Outcomes PO2 and PO8 of the Rural Zone Code are as follows.
Performance Outcome PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area. Performance Outcome PO8 requires that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
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;
Avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
Mitigate risks associated with the use of chemicals or air pollutants; and avoid conflict with rural uses and activities on adjoining properties.
Avoid conflict with rural uses and activities on adjoining properties
The proposed dwelling house is located on a site that is significantly constrained by mature vegetation that is mapped as an Area of Biodiversity Significance by the Biodiversity, Waterways and Wetlands Overlay Map, and a High Potential Bushfire Hazard Area by the Bushfire Hazard Overlay Map. Moreover the subject site is mapped as being a Core Koala Habitat Area by the State Assessment and Referral Agency. The location of the proposed dwelling house within proximity to an already established driveway seeks to minimise environmental harm and the loss of ecologically important areas. In addition, Kinmond Creek Road acts as a buffer between the subject site and the Agricultural Land and Conservation Area.
As such, the proposed dwelling house is considered to comply with Performance Outcomes PO2 and PO8 of the Rural Zone Code.

Figure 11 – Proximity to Agricultural Land Conservation Area

Carparking
Acceptable Outcome AO7 of the Low Density Housing Code requires that car parking is provided in accordance with Table 9.4.1.4 of the Driveways and parking code.

Required	Proposed
2 Covered Spaces	0 Covered Spaces
Table 1 – Dwelling house excluding a secondary dwelling requirements for parking

Performance Outcome PO7 of the Low Density Housing Code seeks that sufficient car parking is provided to accommodate the number of vehicles likely to use the site.
The proposed dwelling is located on 3.9 hectare site and will exhibit 1054m2 of cleared space as per the bushfire attack clearing allowance, of which is considered to be sufficient space for car parking. Further, the development of a carport or double garage would increase the loss of mature vegetation considered as an Area of Biodiversity Significance by the Biodiversity, Waterways and Wetlands Overlay Map.
As such, it is considered that the proposed development complies with Performance Outcome PO7 of the Low Density Housing Code.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environmental Officer, Development Assessment
conclusion & reasons for decision
The proposed development 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 MCU21/0052 for a Material Change of Use - Dwelling house situated at 268 Kinmond Creek Rd Cootharaba Qld 4565 and described as Lot 17 RP 903874, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0052
Street address:	268 Kinmond Creek Rd Cootharaba Qld 4565
Real property description:	Lot 17 RP 903874
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
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
NA	C	Site Plan, prepared by The Shed House	17/03/2021
NA	C	Floor Plan, prepared by The Shed House	17/03/2021
NA	C	Roof Plan, prepared by The Shed House	17/03/2021
NA	C	Elevations, prepared by The Shed House	17/03/2021
NA	C	Sections & 3D View, prepared by The Shed House	17/03/2021
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 27 May 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000.00 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 (excluding Condition 4 and Condition 10) 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.
Vegetation
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling and associated structures and infrastructure. In this regard, the removal of vegetation must not extend beyond the area indicated on the Site Plan, and the bushfire separation distances stated/detailed within the Bushfire Risk Attack Level Report included in Section 7 Reference Documents.
Fauna or fauna habitat relating to tree removal/clearing works must be managed by a qualified person* in accordance with the requirements of the Nature Conservation Act 1992.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
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)
Bushfire Management
The development must be carried out in accordance with Section 6 of the approved Bushfire Management Plan, unless a further application to change the setback to vegetation is approved.
The development must limit the cleared setback areas to the dwelling to 10m
The development must have a water tank available for fire fighting purposes with an onsite water volume of not less than 5,000 litres; and a water supply outlet pipe 50 millimetres in diameter fitted with a standard fire brigade fitting connected to the water supply.
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building.
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.
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.
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
Qualified Person
Qualified Person, for the purpose of undertaking Fauna site works is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
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
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 Department of Environment & Heritage Protection will also be required.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*https://www.noosa.qld.gov.au/downloads/file/2833/vehicle-crossover-application-pack
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Reference documents
Document No.	Rev.	Document Name	Date
N/A	1	Bushfire Attack Level Report Lot 17 on RP903874, 268 Kinmond Creek Road, Cootharaba, for The Shed House, January 2021, prepared by North Coast Environmental Services – Environmental Management Consultants	14 January 2021
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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