Representations To A Development Approval For For Multiple Housing Type 1 Relative Or Employee At 52 Gevers Road, Black Mountain (MCU16/0036)

REPRESENTATIONS TO A DEVELOPMENT APPROVAL FOR  FOR MULTIPLE HOUSING TYPE 1 RELATIVE OR EMPLOYEE AT 52 GEVERS ROAD, BLACK MOUNTAIN (MCU16/0036)

Document information

Author	Development Planner, Wilhelm Koschade
Planning & Infrastructure Department

Index	MCU16/0036

Attachments	Nil

APPLICATION DETAILS
Applicant	Mr IN McGillivray, Ms LS Wandell
Proposal	Representations to Development Permit for Material Change of Use of Premises - Multiple Housing Type 1: Relative or Employee
Representations Received Date	2 June 2016
Original Approval Type	Development Permit for a Material Change of Use of Premises for Multiple Housing Type 1 - Relative or Employee
Number of Submissions for Original Application	Not Applicable

PROPERTY DETAILS
Property Address	52 Gevers Road, Black Mountain
RP Description	Lot 3 RP 205193
Land Area	3.984 ha
Existing Use of Land	Rural Residential

STATUTORY DETAILS
SEQRP Designation	Rural and Regional Landscape Production Area
Locality	Mary River Catchment Locality
Zone	Rural Zone
Overlays	Biodiversity Overlay (Environmental Protection Area) Natural Hazards (Slide & Bushfire Hazard) Natural Resources (Agricultural Land Conservation Area)
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 July 2016 regarding representations made in relation to Application MCU16/0036 for a Development Permit for Material Change of Use of Premises - Multiple Housing Type 1 - Relative and Employee, situated at 52 Gevers Road, Black Mountain and:
A.	Agree to the representations made; and
B.	Amend Condition 3 to read as follows:
3.	The proposed relative’s accommodation must not have any more than 1 bedroom and must be located no more than 60m from the existing detached dwelling onsite.

REPORT
background
A Development Permit for a Material Change of Use of Premises - Multiple Housing Type 1: Relative and Employee was approved on 17 May 2016 and issued on 18 May 2016.

The applicant submitted representations on 2 June 2016 regarding condition 3 of the Decision Notice relating to the maximum allowable separation distance between the proposed Relative’s Apartment and the existing Detached Dwelling onsite.
assessment
An assessment in relation to the submitted representations is provided below:
Condition
3	The proposed relative’s accommodation must not have any more than 1 bedroom and must be located no more than 25m from the existing detached dwelling onsite.
Applicant’s Representations
The relative’s apartment is proposed at a 60m setback from the existing dwelling as it is intended for the applicant’s 27 year old son. The proposed separation distance provides him with greater independence and retains the applicant’s privacy while remaining ancillary to the existing dwelling.
The proposed location of the relative’s apartment permits an existing track to be used which avoids the need for additional earthworks to provide access and vehicle parking to the dwelling. At the nominated site, the relative’s apartment can also capitalise on views of the Hinterland to the north-west.
Assessment of Representations
The Detached House Code of The Noosa Plan sets out the parameters relating to a Multiple Housing Type 1: Relative or Employee use. As depicted by Figure 1 below, the code allows for Relative or Employee dwellings to be detached from the existing dwelling onsite where located within a Rural Settlement or Rural Zone. The code nominates a maximum separation distance of 25m to ensure Relative or Employee dwellings have a direct association and relationship, while remaining incidental and subordinate to the existing primary dwelling onsite.

Figure 1 – Multiple Housing Type 1 Provisions
While the proposed Relative or Employee dwelling unit does not meet Probable Solution S30.1 of the Detached House Code, the dwelling does align with Specific Outcome O30 of the code. The proposed Relative or Employee dwelling will be small in scale, fully wheel chair accessible with a Gross Floor Area of 65m2. The proposed dwelling is to share a common driveway and access with the existing detached house and is intended to accommodate a family member directly associated with the occupants of the detached dwelling. The proposed dwelling is appropriately setback from adjoining land uses and provides an acceptable level of amenity for neighbours and residents.
Notwithstanding the current provisions of a Multiple Housing Type 1: Relative or Employee use, the proposed amendments of The Noosa Plan redefine a Relative or Employee dwelling to a ‘Secondary Dwelling’. The amended definition reads as follows:
“Secondary Dwelling means a dwelling used in conjunction with, and subordinate to, a detached house on the same lot. A secondary dwelling may be constructed under a detached house, be attached to a detached house or be free standing. For clarity a detached house could not include more than one secondary dwelling.”
The new definition of the use under the amendments removes the need, to an extent, for the occupants of a detached dwelling and secondary dwelling to be directly related and associated to one another as it no longer requires the occupant to be either an employee or relative. While the 25m separation distance is retained as a Probable Solution, this provision is of less relevance given the Scheme amendments.
While a separation distance of 60m is proposed in lieu of 25m, weight is given to the proposed Planning Scheme Amendments. At a 60m setback from the existing dwelling onsite, the proposed Relative’s dwelling remains small scale and ancillary to the existing primary dwelling.
conclusion
The proposed Relative dwelling aligns with the Specific Outcomes of the Detached House code. The applicant’s representations regarding condition 3 are agreed with.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance		Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 JULY 2016

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PLANNING & ORGANISATION COMMITTEE MEETING REPORT	DD MONTH YYYY

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Table 14-30 — Multiple Housing Type 1 Relative or employee

rete)
Specific Outcomes

14.56 Effects of use

  

column 2
Probable solutions (if code assessable)

 

 

030 Any second dwelling unit for a relative or
employee—

a) is small scale and ancillary to the detached
house on-site; and

b) is wheelchair accessible; and

c) provides an acceptable level of residential
amenity to occupants of both on-site
dwellings and neighbouring properties.

 

$30.1 Where located in the Detached Housing,
Semi-Attached Housing, Attached Housing or
Visitor Mixed Use Zone, the second dwelling
unit has a common wall and common roof with
the house on-site and the two dwellings share
an interconnecting door; or if located in other
areas, is located within 25m of the house on-
site;

AND

$30.2 The second dwelling unit has a gross
floor area of not more than 65m? where it is fully
wheelchair accessible as defined by the
Building Code of Australia or 45m? otherwise;
AND

$30.3 The second dwelling unit contains no
more than one bedroom.