MCU16/0036 -Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	MCU16/0036
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	Mr IN McGillivray, Ms LS Wandell
Proposal:	Development Permit for Material Change of Use of Premises - Multiple housing Type 1 & Studio
Properly Made Date:	12/04/2016
Information Request Date:	28/04/2016
Info Response Received Date:	04/05/2016
Date of Site Visit:	21/04/2016
Decision Due Date:	03/06/2016

PROPERTY DETAILS
Property Address:	52 Gevers Rd BLACK MOUNTAIN  QLD  4563
RP Description:	Lot 3 RP 205193
Land Area:	39840 Square Metres
Existing Use of Land:	Detached Dwelling

STATUTORY DETAILS
SEQRP Designation:	Rural and Regional Landscape Production Area
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Mary River Catchment Locality
Planning Precinct / Zone:	Rural Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a 66m2 relatives apartment to be sited approximately 60m south-east of the existing detached dwelling on site. The relative’s apartment is to be sited within an existing cleared area and is to be serviced by its own driveway and disabled car parking area.

A locality and proposal plans are included below under Figure 1, 2 and 3.

Figure 1 – Locality Plan

Figure 2 – Site Plan

Figure 3 – Floor Plan

SITE DETAILS:
Site Description
Site & Locality Description
Road Frontage	The site has a 113m frontage to Gevers Road.
Existing Significant Vegetation	The southern portion of the site contains significant vegetation which is included under The Noosa Plans Biodiversity Overlay mapping. The Overlay Mapping categorises the vegetation as an Environmental Protection Area. Refer to Figure 4 below. Figure 4 – Significant Vegetation Onsite
Topography:	The site falls from the south-eastern corner to the north-western corner.
Surrounding Land Uses:	Surrounding land uses consist of rural uses including hobby farms and larger more intensive rural uses.
There are no planning scheme overlays applicable to this application.

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

the South East Queensland Regional Plan;
any applicable state planning policies;
the state planning regulatory provisions; and
Any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Detached House Code

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Separation Distance
In proposing a secondary dwelling for a relative or employee, Probable Solution S30.1 of the Detached House Code seeks a maximum separation distance of 25m from the detached dwelling to the secondary dwelling. The intent of the separation distance is to ensure any secondary dwelling is ancillary, directly associated with but incidental and subordinate to the detached house.

The application seeks approval for the existing secondary dwelling being located approximately 60m from the detached house which is in conflict with Probable Solution S30.1 of the Code.

The applicant maintains that the proposed location of the secondary dwelling has been chosen in order to utilise an existing track to the rear of the property while benefiting from natural views viewable from the nominated site

While the secondary dwelling is however deemed small scale to the existing detached house, the separation distance relaxations sought are not supported as it is considered that the relationship between the two structures is diminished at a greater distance and the proposal does not reflect the intent of the use under The Noosa Plan.

It is recommended to include a condition of approval for the secondary dwelling to maintain a maximum separation distance of 25m from the existing detached house.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. MCU16/0036 for a Multiple Housing Type 1 – Relative or Employee Dwelling Unit, situated at 52 Gevers Rd BLACK MOUNTAIN QLD 4563 as identified in the attached details recommended for the Decision Notice.

Development Application Number MCU16/0036

1.	APPLICATION DETAILS

Application No:	MCU16/0036
Street Address:	52 Gevers Rd BLACK MOUNTAIN  QLD  4563
Real Property Description:	Lot 3 RP 205193
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit for Material Change of Use of Premises - Multiple housing Type 1 & Studio

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 4 years starting the day that this development approval takes effect.

4.	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
20061706	-	Relatives Accommodation, drawn by Aaron Davis	18/04/2016

Relatives Accommodation
The proposed relative’s accommodation must not have anymore than 1 bedroom and must be located no more than 25m from the existing detached dwelling onsite.
The proposed relative’s accommodation must be fully wheel chair accessible and must not exceed a gross floor area of 65m2.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	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 on 07 3247 6212 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
This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Building Work (Relatives Accommodation)

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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3900
Bath /
Laundry
Cry
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Deck
Flat area
3000
Deck
250
4 Lounge
|
Bedroom
|
|
3700
2180