Delegated Report - Code - Planning MCU21 0043

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0043
Applicant	Dalma Elaine Dunn
Proposal	Material Change of Use - Dwelling house
Properly Made Date	16 March 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	25 May 2021
Report Completed Date	6 May 2021
Report Reviewed By	Patrick Murphy 6 May 2021

PROPERTY DETAILS
Property Address	24 Kamo Lane Cootharaba Qld 4565
RP Description	Lot 1 SP 231617
Land Area	13.24ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soils – Area 1 land below 5 AHD Agricultural Land Overlay Biodiversity Waterways and Wetlands High Potential Bushfire Hazard and Potential Bushfire Buffer Flood hazard Overlay – Flood extent
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for a Dwelling house. The dwelling proposed is 2 storeys with the ground floor consisting of 5 car spaces and an office, bathroom, living space and wet bar (similar to a 47m² secondary dwelling). The upper floor consists of 3 bedrooms, kitchen and living spaces and a wrap around balcony to most of the dwelling.
The application is triggered as the dwelling is located within 200m of Agriculture Land Conservation Area (ALCA) Overlay on an adjacent property.
The locality and proposal plan are included below.

Figure 1 - locality Plan. The subject site highlighted with a red perimeter.

Figure 2 - Proposed location identified by the green circle

Figure 3 - 3D perspective of the proposed dwelling

Figure 4 - Ground floor on the left and the upper floor on the right

Figure 5 - South and East elevations

Figure 6 - North and west elevations
site details
Site Description
The site is generally level with approximately 2m of slope to the south and south east directions from the northern boundary. The lot appears generally flat. Vegetation exists for a width of approximately 50m along the southern boundary with a larger section wrapping around the south east corner of the lot. The lot in this area is particularly flood prone and low lying. The balance of the lot is generally void of vegetation and largely pasture except for a few single trees dispersed throughout. A centrally located dam overflows to another dam half way along the eastern boundary.
Surrounding Land Uses
The lot adjoins quite heavily vegetated lots to the east, southeast and south. Small agriculture cropping use exists to the north and to the west pasture suitable for grazing.
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;
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 and 9m to the pitch of the roof	2 storeys 8 metres	
Site cover	40% max	<40%	
Gross floor area	500m² max	171m²	
Boundary setbacks Frontage North Side ALCA land	10 metres min 10 metres min 200 metres min	29 metres 81.59 metres 50 metres	X
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	22.5 degrees 600mm to 100%	
Carparking	2 covered min 1 uncovered for potential secondary dwelling	5 covered	
ALCA Setback – 200m
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The proposal is setback 50m form ALCA on adjacent land. Performance Outcome PO2 is the corresponding PO and is provided below:
PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
While the proposal is located only 50m from ALCA, it is approximately 60m- 70m from the existing cropping use. This closest cropping use is located in an area of the neighbouring property which could be considered a ‘house paddock’ as the crops closely surround the existing dwelling. Noting that the neighbouring dwelling (sensitive land use) is effectively located in the middle of the small scale agricultural use and is not diminishing this productive ALCA and these crops are the closest agricultural use to the proposed subject dwelling. It is unlikely that any expansion of the agricultural use would be undertaken in this area being so close to the existing dwelling house on the neighbouring land.
Therefore, given the above, it is unlikely the subject dwelling house’s location would dimmish the productiveness of ALCA as the nearest agricultural use is small scale cropping on a small rural lot in a’ house paddock’.
Each rural lot has a right to construct a dwelling house, however, it appears that the dwelling could be moved away from the ALCA of the adjacent property, however, it is considered the proposed location is the most appropriate on the subject property given the constraints, and for the following reasons:
The lot is low lying and flood prone and the proposed area is the highest ground on the lot suitable for a dwelling
The only location on site not affected by the Flood Overlay and therefore does not flood.
The only area on the lot outside of the High Potential Bushfire Hazard area and Flood Overlay.
Is close to a sensitive land use on the adjacent lot
Is generally located in the corner of the subject which retains the majority of the ALCA on the subject lot for agricultural purposes so as not to dimmish the productiveness of the ALCA within the subject lot.
There is sufficient space for a vegetated buffer along the fenceline to protect the proposed dwelling from any potential impacts from the neighbouring agricultural use.

Ground floor layout
The ground floor layout includes an area of 47m² being a living space, wet bar, office, storage, bathroom and easy access to a laundry. This area is separate from the upper floor and has all the characteristics of a secondary dwelling and is clearly capable of being used as a secondary dwelling. This raises no concerns as it complies with the relevant provisions of the Code but may be subject to infrastructure charges.
cONSULTATION
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development is considered to be in the most appropriate location on the subject property given the constraints of flooding and bushfire while buffer planting will offset any potential effects of the neighbouring agricultural use. The productiveness of the ALCA will not be diminished as the nearest agricultural use is small scale on a small rural lot and could be generally considered a hobby farm size within a ‘house paddock’. The proposal 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 MCU21/0043 for a Material Change of Use - Dwelling house situated at 24 Kamo Lane Cootharaba Qld 4565 and described as Lot 1 SP 231617, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0043
Street address:	24 Kamo Lane Cootharaba Qld 4565
Real property description:	Lot 1 SP 231617
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
WA-01	V1	Cover Page, prepared by prepared by Matt Bradley Designs	17/03/2021
WA-03	V1	Site Plan, prepared by Matt Bradley Designs and as annotated by Council	17/03/2021
WA-08	V1	New Ground Floor, prepared by Matt Bradley Designs	17/03/2021
WA-09	V1	New First Level, prepared by Matt Bradley Designs	17/03/2021
WA-10	V1	New Roof Plan, prepared by Matt Bradley Designs	17/03/2021
WA-11	V1	Elevations, prepared by Matt Bradley Designs	17/03/2021
WA-12	V1	Elevations, prepared by Matt Bradley Designs	17/03/2021
Building Height
The maximum height of the development must not exceed 8 metres above the natural ground level or 9 metres above NGL at the pitch of the roof.
Currency Period
This development approval lapses if the use has not happened by 6 May 2027, unless an application to extend the currency period is approved by Council.
Landscaping
Existing vegetation in the road reserve must be retained unless written authorisation from Council is granted for the clearing.
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.
Screening vegetation must be planted along the Kamo Lane boundary for a length of 100m being measured 50m either side of the prolongation of the centre of the dwelling at the Kamo Lane boundary. The trees must provide a buffer to the neighbouring property in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation may be, at a minimum, tube stock in size and consist of native, endemic species with a mature height of not less than 9 metres and planted at a maximum spacing of 3 metre centres. The species chosen for the screening vegetation must be provided to Council prior to the issue of the Final Certificate of Classification for the dwelling.
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be the greater of the following:
the minimum specified floor level if in an area where minimum floor levels are available
500mm above the modelled flood level if in an area where flood modelling is available
500mm above the highest known flood level if in an area where flood modelling is not available.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
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
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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 relevant State 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.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
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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