Negotiated Report (Representations made) MCU22 0006

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0006
Development Approval	Development Permit for Material Change of Use of Premises (Short Term Accommodation)
Applicant	Cynthia Maree Alexander
Representations Received On	20 May 2022
Number of Submissions for Original Application	Nil

PROPERTY DETAILS
Property Address	307 Louis Bazzo Dr Pomona Qld 4568
RP Description	Lot 179 RP 899995
Land Area	55802.000 m²
Existing Use of Land	Dwelling

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay (Area of Biodiversity significance and Riparian Buffer) Bushfire Hazard Overlay (High Potential and Potential impact) Flood Hazard Overlay Landslide Hazard Overlay (Moderate Hazard)
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Short Term Accommodation) was issued on 28 April 2022.
The applicant suspended the appeal period and made representations on 20 May 2022 to the development approval conditions. The representations are detailed below but primarily relate to conditions regarding the provision of a petrol driven fire fighter pump and hose.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 22
22. 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.
Applicant’s Representation
Due to the wording of Condition 22, the intent of the Condition is unclear. It is ambiguous what is required from the Condition as an auxiliary power supply is not a petrol driven fire fighter pump. Notwithstanding the ambiguity of the wording, Condition 22 is not a relevant or reasonable Condition with respect to the development. In accordance with s. 65 of the Planning Act 2016, a development condition:

Must be relevant to the development or the use of the premises as a consequence of the development, or
Must not be an unreasonable imposition on the development or the use of the premises as a consequence of the development.

Condition 22 is not:

Relevant to the development as the existing rural dwelling is serviced by four (4) large water tanks and the swimming pool. Two (2) of these water tanks are located at shed and are used for landscaping and ancillary use only.

In an emergency, the water tanks can be used by firefighting personnel as a source of water. Additionally, the swimming pool provides a water source for emergency personnel to utilise.

Reasonable to the development as the development consists of a Short-term Accommodation use within an existing rural dwelling. It is not reasonable for the Condition to impose the development supply firefighting equipment such as a “petrol driven fire fighter pump” and “auxiliary power supply” when sufficient water supply is provided, and safe and efficient access to these provisions for firefighting personnel is provided.

The applicant consider that Condition 22 is an unnecessarily onerous requirement on the development and requests that the condition be deleted.

Assessment of Representation
Condition 22 is a requirement drawn from the Bushfire Hazard Overlay Code of the Noosa Plan 2020 which requires the provision of water supply and fittings for fire fighting purposes. Similar requirements were included in the 2006 Planning Scheme however no requirements were detailed in the 1985 scheme. A review of Council records indicates that the dwelling on site was approved sometime in 1998, well before the 2006 and 2020 Planning Schemes and therefore bushfire and firefighting requirements for the dwelling were not required.
The applicants request to delete the condition is supported as:
The existing dwelling was lawfully constructed before the planning scheme required the provision of fire fighting generators or equipment; and
It is unlikely that guests would stay to defend a property.
There is an adequate water source on the property that is able to be used by professional fire fighters.
The representations were discussed with the Manager of Planning who supported the approach and deletion of the condition.

conclusion & reasons for decision
RECOMMENDATION
With regard to Application No. MCU22/0006 and the representations made, Council on 17th June 2022 decided to:
Delete condition 22.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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