Delegated Report - Code - Planning MCU22 0138 · MCU22/0138

Author	Graduate Development Planner, Jada Lyons
Consultant Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0138
Applicant	Project BA
Proposal	Material Change of Use - Dwelling house (Outbuilding)
Properly Made Date	17 August 2022
Information Request Date	31 August 2022
Information Response Date	27 September 2022
Decision Due Date	2 November 2022
Report Completed Date	11 October 2022
Report Reviewed By	<insert officer & date>

PROPERTY DETAILS
Property Address	1534 Louis Bazzo Dr Cootharaba Qld 4565
RP Description	Lot 1 RP 162745
Land Area	79270m²
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	Land subject to Acid Sulfate Soils Agricultural Land Conservation Biodiversity Overlay – Environmental Protection High Potential Bushfire Hazard Overlay Flooding and Inundation Extent – Flood Hazard Overlay.
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use – Outbuilding (Outbuilding).  The shed is located in the north eastern part of the allotment and is 20m x 10m.  The application is triggered by the Flood Hazard Overlay Code, as the proposed shed is located within the flooding and inundation extent (which covers the entire allotment).
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations
site details
Site Description
The subject site is 79270m2 in area and is heavily vegetated, with cleared areas throughout the site.
Surrounding Land Uses
Surrounding land uses include dwellings on Rural land and reserve land that is adjacent to the lake to the east of the site.
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;
Flood Hazard Overlay Code
The subject site is located in Cootharaba and is zoned Rural. The proposal 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	1 storeys 5.5 metres	
Site cover	40% max	>40 %	
Gross floor area	500 m² max	200m²	
Boundary setbacks Frontage Side Rear	10 metres min 10 metres min 10 metres min	43metres 67/170 metres 240 metres	

Flood Hazard Overlay
The entire lot is covered by the Flood Hazard and Inundation extent  (see figure 4 below) with a lake located further to the east of the lot.  The Noosa Plan 2020 – Flood Hazard Overlay Code would ordinarily not trigger assessment for building works of a class 10a outbuildings, however as the site is vacant and a material change of use for a dwelling (which includes outbuildings) has not occurred yet an application for MCU (Dwelling - outbuilding) is triggered.
As the shed is not to be utilised for habitation being a class 10a structure there is no associated risk to life with the development within a flood area.   The development can be supported on the basis it is a class 10 structure within a large flood plane from the nearby lake, that is unlikely to have any detrimental impact on upstream or downstream properties.  Therefore, the proposal can be supported.

Figure 4 – Flood hazard overlay at subject property.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU22/0138  for a Material Change of Use - Dwelling house (outbuilding) situated at 1534 Louis Bazzo Dr Cootharaba Qld 4565 and described as Lot 1 RP 162745, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0138
Street address:	1534 Louis Bazzo Dr Cootharaba Qld 4565
Real property description:	Lot 1 RP 162745
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 (Outbuilding)
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
1	1	Site Plan, prepared by NND Constructions	29/06/22
2	1	Site Plan, prepared by NND Constructions	29/06/22
-	-	Elevations, prepared by the applicant	-
Building Height
The maximum height of the development must not exceed the maximum building height shown on the approved plans.
Any chemicals, fuel, poisons, insecticides or the like must be stored above the 1%AEP flood level.
Currency Period
This development approval lapses if the use has not happened by 12 October 2028, unless an application to extend the currency period is approved by Council.
Stormwater
Stormwater runoff from the development must be disposed of on-site without scouring or damage to the subject site or any 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:
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
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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Site Calculations

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