Delegated Report - Code - Planning MCU21 0143

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0143
Applicant	Diane Elizabeth Gibson
Proposal	Material Change of Use - Dwelling house
Properly Made Date	23 August 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	TBA
Report Completed Date	31 August 2021
Report Reviewed By	Patrick Murphy 31 August 2021

PROPERTY DETAILS
Property Address	20 Middle Creek Rd Federal Qld 4568
RP Description	Lot 1 SP 237573
Land Area	2,904m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Regional Infrastructure Overlay (Water Supply Buffer)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house would normally be Accepted Development; however, the lot is located within 200m of land mapped as Agricultural Land Conservation Area. A planning approval is therefore required.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan & Elevations
site details
Background
Not Applicable.
Site Description
The site is a vacant rural lot that has been cleared. The site has frontage to Middle Creek Road and slopes from the rear to the front boundary. There are no other significant site features.
Surrounding Land Uses
Federal State School is located to the south and west. Federal Rural Fire Station also adjoins the site to the south-east. A vacant rural lot is directly to the north.
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; and
Agricultural Land Overlay Code.
The subject site is located in Federal 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:
Agricultural Land Overlay Code
Acceptable Outcome 2.4 of the Agricultural Land Conservation Area Overlay requires sensitive land uses to be established in excess of 200m from any adjacent lot that is zoned rural and included in the Agricultural Land Conservation Area overlay map. As shown below, nearby land is included in the conservation area and therefore the proposed dwelling would be within the minimum 200m buffer.
Although located within the buffer zone, the development is considered to comply with PO2 based on the following grounds:
The development is limited to a single residential dwelling on a small rural lot (a minimum 200m would never be achieved).
The development would not diminish productive capacity of adjoining lots as it would not interfere with the operation of nearby low intensity rural pursuits (hobby farms and rural lifestyle lots)
The subject site adjoins a state school which has the potential to impact rural activities far greater to that of a small residential dwelling.

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 MCU21/0143 for a Material Change of Use - Dwelling house situated at 20 Middle Creek Rd Federal Qld 4568 and described as Lot 1 SP 237573, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0143
Street address:	20 Middle Creek Rd Federal Qld 4568
Real property description:	Lot 1 SP 237573
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
-	-	Site Plan, prepared by Accolade Building Designs	05/05/2021
-	-	Elevations, prepared by Accolade Building Designs	05/05/2021
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 7 September 2027, unless an application to extend the currency period is approved by Council.
Earthworks
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
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.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 45,000 litres.
Driveways
The residential vehicle crossover/driveway must be constructed to Middle Creek Road. The works must be in accordance with a Road Reserve Permit approval.
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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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