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planning report Martins Rd DBW
Development Application
Planning Report
Development Permit for Building Works Assessable
Against the Planning Scheme (Extension to existing house for
secondary dwelling in the Agricultural Land Conservation Overlay)
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 ................................................................................ 9
5.1 State interests ......................................................................................................................... 9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ........................................................................................................................ 9
6.0 Conclusion ....................................................................................................................... 9
Client Name: Christian Ramsay Hamilton Craig & Lauren Ashley D’Arsie
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 11 May 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 Building Work Assessable Against the
Planning Scheme
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 – Regional Landscape and Rural
Designation: Production
Planning scheme: The Noosa Plan 2020
Zone: Rural Zone
Level of assessment: Code – Table 5.7.1 – Building Work not associated with a MCU
Applicable overlays: Agricultural Land Conservation Area
Applicable codes: Acceptable Outcomes AO2.4, AO7, AO8, AO11, AO12, AO13,
AO15 and AO16 of the Rural Zone Code.
Acceptable Outcomes AO2.1, AO3, AO15, AO16, AO18 and
AO22 of the Low Density Housing 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
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 secondary dwelling is located approximately 130m to the north east of the existing
house. Materials include a mix of zincalum roof and fascias with a 6 degree roof pitch. A copy of the
proposed plans are included with the application.
The proposed building works are code assessable in accordance with Table 5.9.4 of the Noosa Plan
2020 as the development does not propose a new use and does not comply with all relevant
provisions of the Rural Zone Code. An assessment against the relevant codes is provided below.
Figure 2: Proposed development render
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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:
Rural Zone Code
Provision Code Provision Proposal and Comments Compliance
A02.4 – Ag Land AO2.4 The application proposes a PO
Overlay No sensitive land use is established closer than 200 metres residential use within 200m
from land on an adjacent property included in the Rural zone from land in the Rural Zone
and mapped as Agricultural Land Conservation Area as mapped as Agricultural
shown in Agricultural Land Overlap Maps in schedule 2. Land Conservation Area.
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 height. The development is one Not Applicable.
storey, less than 8m in
AO7.2 height and has a GFA of
With the exception of Class 10 buildings or structures used 65m2.
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 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
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A08 - Setbacks AO8.1 The site is more than 2ha PO
Buildings used to house animals, temporary holding yards, and proposes a building
structures containing areas of animal waste or by-product 10m from the northern
disposal are not within 100 metres of: boundary and 26m from the
eastern boundary. The
1. the boundary of properties in a residential adjoining land is mapped as
zone including the rural residential zone; Agricultural Land
2. a sensitive land use; Conservation Area.
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.
AO8.2
Buildings or structures which are used for the storage of There are no cropping
chemicals or machinery, stockpiling of composting or organic activities adjoining the site
fertilisers, or which support artificial lighting or irrigation on the adjoining Rural
sprayers are not within 100 metres of: Zoned land and is
appropriately setback to
1. the boundary of properties in a residential avoid conflict with rural uses
zone including the rural residential zone; and activities on adjoining
2. a sensitive land use; properties, consistent with
3. the boundary of adjoining properties in the the relevant Performance
environmental management and Outcome.
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;
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 Complies
Amenity Development does not result in sediment, soil or other be removed for the
material including building materials or waste products being development and there are
released into the road reserve, stormwater drains, no nominated building
waterways or adjacent properties. envelopes.
AO11.2
Natural Vegetation is retained wherever possible.
AO11.3
Where there is a nominated building envelope on the
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lot, clearing of native vegetation and building works do not
extend beyond the building envelope, except for the
purposes of a driveway access.
A012 – Flooding AO12 No impacts to flooding and Complies
Development and associated site works, including filling drainage
and excavation are designed and constructed to ensure
overland flow and/or flooding is not worsened, impeded, or
otherwise diverted to adversely affect other properties.
A013 – Scenic AO13 Not Applicable Not Applicable
Amenity Development on land adjoining the major road network, Lake
Macdonald or the Noosa River system minimises visual
impacts on the scenic amenity of the roadway
or waterway by:
1. sensitive siting and design of buildings,
structures, driveways and works;
2. retaining existing vegetation;
3. incorporating landscape treatments to
visually screen and soften development;
and
4. incorporating building materials and external
finishes that are compatible with the site’s
visual character and landscape setting.
Editor’s Note— Residential buildings should be
predominantly finished in colours and materials that blend
well with the colours and hues of the
surrounding vegetation and landscape without causing glare
or reflection.
For agricultural buildings, colours and textures that blend
with the natural setting are preferred however if not practical,
buildings should at least be well maintained and/or visually
screened.
A015 - AO15.1 The development is not Complies
Earthworks To protect scenic amenity and other landscape qualities, proposed on steep land or
buildings, structures and associated accessways are not require cut or fill >1.5m.
constructed 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 Applicable
Development includes linkages to or 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.
Low Density Housing Zone
Provision Code Provision Proposal Compliance
A02 – Removal AO2.1 Not Applicable Not Applicable
Homes Any part of a removal home that is affected by termite attack,
borers, dry rot or severe weathering or is damaged as a
consequence of relocation, is repaired or replaced using new
or sound second-hand materials
AO3
A03 – Housing A secondary dwelling: The detached Secondary Complies
Choice Dwelling is to be used in
1. has a maximum gross floor area of 65m²; conjunction with the main
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2. has no more than 2 bedrooms; house and includes 1
3. does not occur on any property covered by bedroom and is 65m2 Gross
a Building Unit Plan; and Floor Area.
4. does not occur on a property that already
contains a dual occupancy or secondary
dwelling.
AO15
A015 – Bushfire Within a bushfire hazard area where there is no reticulated The property includes a dam Complies
water supply, the premises has: and a pool is proposed to
allow for onsite water use for
1. an accessible dam, swimming pool or water the secondary dwelling.
tank available for firefighting purposes with
an onsite water volume of not less than
5,000 litres; and
2. a water supply outlet pipe 50 millimetres in
diameter and fitted with a standard fire
brigade fitting connected to the water supply
(other than where the water supply is in a
swimming pool or dam).
Editor’s Note — Water supply capacity for firefighting
purposes is in addition to water supply capacity
for household use.
A016 – Flood AO16.1 Not Applicable Not Applicable
Where the development is located in the Flood Hazard Area
as shown on Flood Hazard Overlay Map in Schedule 2,
the finished floor level of habitable rooms is at least 300
millimetres above the Defined flood event (DFE).
A022 - Landslide AO22.1 Not Applicable Not Applicable
Development, including associated access, is not located on
land identified as a landslide hazard area on a Landslide
Hazard Overlay Map.
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 Building Works Assessable Against the Planning
Scheme situated at 53 Martins Road, Cooroy. The proposed development is code assessable and
meets the relevant Acceptable and Performance Outcomes.
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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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