Delegated Report - Code - Planning MCU21 0076

Author				Development Planner, Nick Cooper
Assessment Manager		Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0076
Applicant	Megan P D Williams
Proposal	Material Change of Use - Dwelling house
Properly Made Date	23 April 2021
Information Request Date	21 May 2021
Information Response Date	24 May 2021
Decision Due Date	30 June 2021
Report Completed Date	
Report Reviewed By	Patrick Murphy - 17 June 2021

PROPERTY DETAILS
Property Address	65 Eungella Dr Black Mountain Qld 4563
RP Description	Lot 8 RP 903374
Land Area	77550.000 m²
Existing Use of Land	Outbuildings

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity, Waterways and Wetlands Area of Biodiversity Significance MSES Environmental Values Bushfire Hazard High Potential Bushfire Intensity Potential Impact Buffer Landslide Hazard Overlay Map Very High Hazard Area High Hazard Area Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.  It is proposed to convert one of the existing sheds onsite into a Dwelling House. The proposed Dwelling has a floor area of approximately 90m2 and contains three bedrooms, kitchen/dining/lounge area and bathroom and laundry.  No clearing of vegetation is proposed. The application is triggered for assessment as the dwelling is located within 200m of Agriculture Land Conservation Area (ALCA) Overlay on an adjacent property and access for the development is mapped within the high and very high hazard Landslide Hazard Overlay.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site contains an area of 77,550m2 and does not have frontage to a road reserve. Access to the site is provided by an easement over the adjacent Lot 9 on SP173780 to the north. The site currently contains two outbuildings that are located to the north of the site and adjacent the western boundary. The site is a sloping site and sloped away from the west and down to the east. The existing buildings are located on the highest part of the site.
Surrounding Land Uses
The area is characterised by rural lifestyle allotments.
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 Black Mountain 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	1 storeys Approx. 4 metres	
Site cover	40% max	>40 %	
Gross floor area	500 m² max	Approx. 90m²	
Boundary setbacks Frontage Side ALCA Land	10 metres min 10 metres min 200 metres min	N/A 16 metres 16 metres	N/A X
ALCA Setback – 200m
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property so as not to compromise good quality agriculture land from the potential effects of sensitive land uses on neighbouring properties. The proposal is setback 16m 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.
The adjoining lot to the west (73 Eungella Dr) is 2.83 hectares in size, therefore the capacity for intensive or large scale agricultural use on this lot is substantially reduced in comparison to larger rural lots, and it is therefore considered to be low risk in terms of incompatible effects between sensitive land uses and genuine rural activities. In addition, the adjoining lot contains a dwelling house partially within the mapped ALCA area, and is utilised for rural lifestyle purposes and not agricultural pursuits. It is also noted that the topography of the area also greatly reduces the capacity for agricultural uses to establish on ALCA land within 200m of the house site to the west (refer to Figures 5 and 6).
It is unlikely that the proposed location of the dwelling will have any diminishing impact on the designated ALCA, as the land is not currently used for productive purposes. Furthermore it is unlikely that any agricultural use would be established in this area, being so close to the existing dwellings on the neighbouring land and due to the limited lot sizes and steep topography in the area. Therefore, given the above, the proposal is considered to comply with PO2.

Figure 5 and 6: 200m perimeter from house site

Landslide Hazard
The subject site includes areas mapped for High and very High hazard risk of Landslide (see figure 5 for overlay mapping).  Whilst the existing shed /proposed dwelling is not mapped within the hazard area the site access is mapped and therefore PO22 of the Low Density Housing code is applicable.

Figure 5 – Landslide Hazard Overlay – subject site
PO22
Development maintains the safety of people, property and hazardous material stored in bulk from the risk of landslide.
The proposal includes access via an existing driveway and no additional works are required as part of the development proposal.   Council’s Engineering Department has reviewed the application and is satisfied that the development maintains the safety of people and property, as it is utilising an existing access and no changes are proposed to the access, therefore the development is considered to comply with PO22.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Department
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 MCU21/0076  for a Material Change of Use - Dwelling house situated at 65 Eungella Dr Black Mountain Qld 4563 and described as Lot 8 RP 903374, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0076
Street address:	65 Eungella Dr Black Mountain Qld 4563
Real property description:	Lot 8 on RP 903374
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
N/A	N/A	Site Plan	24.05.21
N/A	N/A	Elevation – Ceiling Height and openings	Not dated
N/A	N/A	Plan showing photo sensor smoke alarms (floor plan).	Not dated
Currency Period
This development approval lapses if the use has not happened by 17 June 2027, unless an application to extend the currency period is approved by Council.
Landscaping
Existing vegetation on the site must be retained must be retained unless written authorisation from Council is granted for the clearing.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 45,000 litres.
A separate water supply for fire fighting purposes must be provided for the premises, which must  include:
an accessible dam, swimming pool or water tank with an onsite water volume of not less than 5,000 litres; and
a water supply outlet pipe 50 millimetres in diameter 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).
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
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:
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.
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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