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planning report sister tree creek rd - kin kin
Development Application
Planning Report
Development Permit for Short Term Accommodation (4 cabins)
situated at 315 Sister Tree Creek Rd, KIN KIN QLD 4571
(Lot 2 SP241381)
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Contents
1.0 Summary ......................................................................................................................... 3
1.1 Development application details ............................................................................................. 3
1.2 Planning instrument details ..................................................................................................... 3
2.0 Site details ....................................................................................................................... 4
2.1 Site description ....................................................................................................................... 4
2.2 Surrounding land uses ............................................................................................................. 5
3.0 Proposed development details ......................................................................................... 6
4.0 Planning assessment ........................................................................................................ 7
4.1 Bushfire .................................................................................................................................. 7
4.2 Code - Key parameters ............................................................................................................ 7
5.0 State assessment and other matters .............................................................................. 11
5.1 State interests ....................................................................................................................... 11
5.1.1 Matters established in the Planning Regulation ............................................................................ 11
5.1.2 State Planning Policy ...................................................................................................................... 11
6.0 Conclusion ..................................................................................................................... 11
Client Name: Jodie Williams
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 1 April 2022
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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Page 3
Summary
1.1 Development application details
Proposed development: Development Permit for Short Term Accommodation (4
cabins)
Site address: 315 Sister Tree Creek Rd, KIN KIN
Real property description: Lot 2 on SP241381
Site area: 21.5 hectares
Owner details: Jodie Williams and Brett Gowley
Applicant details: Jodie Williams and Brett Gowley c/ Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy
Regional plan: SEQ Regional Plan 2017
Designation: – Regional Landscape and Rural Production
Planning scheme: The Noosa Plan 2020
Zone: Rural Zone
Level of assessment: Code assessment pursuant to Table of Assessment 5.5.13
Rural
(a) located on a site with an area of at least 4 hectares; and
(b) not incorporating conference or function facilities; and
N/A (c) within a dwelling house no more than five bedrooms; or
(d) within no more than four free standing cottages, cabins
or permanent tents, accommodating no more than eight
guests.
Applicable overlays: Agricultural Land Conservation Area
Bushfire Hazard Overlay – Potential Impact Buffer
Applicable codes: Bushfire Overlay Code
Rural Zone Code
Visitor Accommodation Code
Works Code
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2.0 Site details
2.1 Site description
Table 1: Site description
Site characteristic Description
Existing land use Dwelling & Ancillary Structures
Access Existing access from Sister Tree Creek Rd approximately 120m from the
Gradys Lane intersection.
Topography and views An existing pad which has been historically excavated and filled has
sufficient slope for overland flow to drain towards a drainage line to the north
west and Kin Kin Creek to the north east on a large rural lot will be utilised
for the cabins and effluent disposal areas.
Easements Nil
Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System
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Figure 2 – The area of proposed cottages.
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 69 Gradys Lane - (13.7ha rural zone) & 392 Sister Tree Creek Rd (10.5ha rural
zone) - detached house, sheds and dams
West 393 Sister Tree Creek Rd (63.9ha rural zone) – detached house, sheds and dams
South 301 Sister Tree Creek Rd (5.34ha rural zone) – detached house, sheds and dams
East 233 Perseverance Rd (12.94ha rural zone) – detached house, sheds and dams
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3.0 Proposed development details
The cabins are proposed for short term accommodation for visitor’s seeking to engage with the
appreciation of the rural environment with nearby Kin Kin Creek. The Noosa Trail network (trails 1
and 3) adjoins the subject site, and the popular rural village of Kin Kin is a 5 minute drive away.
Four cabins are proposed including the following features:
• A GFA of 79.15m² per cabin (noting the thickness of the walls is 300mm for rammed earth).
When normal wall thickness is applied (150mm), the GFA per cabin is 71.5m²;
• Each cabin is 2 individual pods, 1 for living and kitchen and the other for a bedroom and
bathroom;
• Natural construction material of rammed earth, recycled and plantation timber and glass;
• 800mm – 1m wide eaves to 100% of the perimeter of the buildings;
• 5 degree skillion roof;
• Repurpose of an old shed for a site office for check-in and check-out of guests;
• Separate carport for guest parking.
Each cabin provides an appropriate supply of water through provision of water tanks. The Plumbing
and Drainage Act 2003 sets outs requirements for on-site effluent treatment and disposal and can
be conditioned appropriately. A Wastewater Report and Site Investigation Report both prepared by
Unearthed Geotechnical is provided as part of the application documentation. The Wastewater
Report indicates the 1 x advanced enviro-septic treatment system is required per 2 cabins. The
treatment system can be provided outside of the Biodiversity Overlay and Flood Overlay areas.
A copy of the proposed plans are included with the application.
Figure 3: Typical proposed elevations of the cabins
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4.0 Planning assessment
An assessment against the relevant provisions is provided below with further assessment regarding
the performance Outcomes provided within the Table 3.
4.1 Bushfire
The site is affected by the Bushfire Overlay and accordingly is subject to the Bushfire Overlay Code
provisions. However, the site is generally surrounded by farmland pasture and the Bushfire Overlay
affected area has a drainage line where only a few trees exist. The Overlay appears to have been
applied to the site in error and without being ground truthed. A Bushfire Management Plan is
therefore not considered to be required for this development.
Notwithstanding the above, at the time of Building Approval, the Building certifier will assess the
development for bushfire and apply a bushfire attack level (BAL) and materials will be incorporated
accordingly. It is likely it would be BAL-LOW as the buildings are more than 100m from any classified
vegetation, and as such does not require any specific construction requirements.
4.2 Code - Key parameters
Table 3: Assessment against key development parameters within The Noosa Plan 2020:
Rural Zone Code
Provision Code Provision Proposal and Comments Compliance
A02.4 – Ag Land AO2.4 The application proposes a sensitive land use PO
Overlay No sensitive land use is established closer (residential use) within 200m of land in the
than 200 metres from land on an adjacent Rural Zone mapped as Agricultural Land
property included in the Rural zone and Conservation Area.
mapped as Agricultural Land Conservation
Area as shown in Agricultural Land Overlap The distance to the Agricultural Overlay land on
Maps in schedule 2. the neighbouring property is 190m. The 10m
encroachment is considered insignificant and
will raise no concern for any agricultural use
operating on the neighbouring property.
The subject property and the surrounding lands
are generally used for grazing so there is no
impact on these agricultural uses by the
proposed short term accommodation cabins.
The proposal is not sited on ALCA and given
the above, the proposal will not result in the loss
or diminished production capacity of ALCA,
consistent with the relevant Performance
Outcome.
PO4 – Visitor PO4 The cabins are small scale with a GFA of 79m² Y
accommodation Visitor accommodation: with each cabin split between 2 pods resulting
1. is at a small scale and low density in very small individual buildings. They are
that protects the environmental and located on an existing pad historically used for
rural values of the land; horse activities. The overall GFA of all cabins is
2. is compatible with rural activities 316m² which is less than 0.2% of the land area.
and nature conservation; and
3. does not detract from the rural The farming activities on the subject lot and
amenity of adjoining properties. surrounding area is grazing with short term
accommodation compatible with this
agricultural use as there is no impacts such as
overspray, noisy machinery or other farming
activities that would create amenity impacts.
The target visitors are those who are looking for
a unique environmental experience near the
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Noosa Trail Network. Noting the cabins will
overlook Kin Kin creek.
A08 - Setbacks AO8.4 The site is more than 2ha and proposes the Y / PO
In addition to the circumstances of AO8.1, to closest building more than 20m from Sister
AO8.3 above, buildings and structures meet Tree Creek Road frontage and 20m from the
the following minimum boundary setbacks: eastern Grady’s Road frontage.
1. 20 metres from a property As described above, the nearest cabin to the
boundary of adjoining land ALCA on an adjoining property is 190m.The
in the Environmental 10m is of no consequence in a rural area.
management and
conservation zone; In addition, there are no cropping activities on
2. a distance greater than the the adjoining Rural Zoned land and is
width of the riparian buffer appropriately setback to avoid any potential
area shown on Biodiversity, conflict with rural uses and activities on
Waterways adjoining properties, consistent with the
and Wetland Overlay relevant Performance Outcome.
maps;
3. 10 metres from a
road frontage; and
4. 10 metres from the side and
rear boundaries or 6 metres
where the lot area does not
exceed 1 hectare, with the
exception that if the height
of the building or structure
exceeds 9 metres
the setback to the side and
rear boundaries is equal to
twice its height in metres.
AO8.5
On properties over 2 hectares in area, a
distance of not less than 200 metres is
provided between a sensitive land use and
land on an adjacent rural zone property over
4 hectares in mapped Agricultural Land
ConservationArea.
Alternative provision to the QDC
A011 – Scenic AO11.1 No vegetation is required to be removed for the Y
Amenity Development does not result in sediment, development and there are no nominated
soil or other material building envelopes.
including building materials or waste
products being released into the road
reserve, stormwater drains, waterways or
adjacent properties.
AO11.2
Natural Vegetation is retained wherever
possible.
AO11.3
Where there is a nominated building
envelope on the lot, clearing of
native vegetation and building works do not
extend beyond the building envelope, except
for the purposes of a driveway access.
A015 - AO15.1 The development is appropriately located and Y
Earthworks To protect scenic amenity and other architecturally designed to be sympathetic to
landscape qualities, buildings, structures and the location. None of the cabins are proposed
associated accessways are not constructed on steep land or require any new cut or fill
on land with a slope greater than 25%. >1.5m.
AO15.2
On sloping sites or on ridgelines at the
uppermost edge of a hill slope:
1. roof lines are generally
parallel with contours of the
land;
2. roofs do not exceed a pitch
of 15 degrees; and
3. buildings do not protrude
above the height of
prevailing vegetation.
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AO15.3
Cut or fill is less than 1.5 metres in depth
relative to natural ground surface
AO16.1 The site adjoins Gradys Road which is part of Y
Development includes linkages to or Noosa Trial No.1 and No.3. The cabins will be
between existing or future components of in walking distance to the network providing
the Noosa Trail Network, as indicated on good linkage to the network..
the Strategic Framework Infrastructure Map
AO16.2
Development does not have an adverse
impact on the access functions of the Noosa
Trail Network.
Visitor Accommodation Code
Provision Code Provision Proposal Compliance
Visitor accommodation is not located within:
AO1 – Location There are no intensive animal industries, Y
1. 150 metres of land within the Low impact horticulture or intensive agricultural operations
industry zone; on adjoining properties.
2. 200 metres of land within the Medium
impact industry zone;
3. the designated separation area of a Key
Resource Area;
4. 250 metres of an intensive animal
industry, intensive horticulture use
or rural industry; or
5. 100 metres of agricultural operations
on adjoining premises.
In the Rural zone or Rural
AO2 – Size Residential zone the site used for Nature- The site is 21.5ha in size Y
based tourism or short-term
accommodation has a minimum area of 4
hectares.
PO3
PO3 – Effects of Development has a scale and density that is The proposal is a total of 316m² of GFA on a lot Y
Use compatible with the intent of the zone and of 21.5ha. The 4 small cabins consist of 2 very
the preferred character for the local area in small pods each which result in small scale
which it is located. buildings that have a separation of around 50m.
The scale and density of cabins is less than that
of a rural activity such as a packing shed.
The intent for the Rural zone is to maintain land
for rural activities and small scale visitor
accommodation. The scale of the proposal
does not diminish the ability for the subject land
or surrounding area from undertaking any rural
activity.
The rammed earth built form is commensurate
with the rural character as the base of the
rammed earth materials will be taken from the
subject site
Accommodation is sited so as not to
A08.3 – Safety overlook the living areas of neighbouring The distance between the proposed cabins and Y
and Amenity premises the neighbouring dwelling house is too great for
any overlooking to occur.
AO9.2
AO9.3 - A landscaped area is provided and While the code seeks a 3m landscaped area for PO
landscaping maintained within the site for a minimum 3m along frontages, this is unreasonable in a
width of: rural setting in this instance as the proposal has
(a) for a mixed use building with non- nearly 1.3km of road frontage and
residential uses fronting Gympie Terrace or approximately 300m of frontage adjacent to
Thomas Street, Noosaville: where the cabins are proposed.
1. 1 metre adjacent to a The owner has already undertaken significant
road frontage; and planting along the fence line for the full length
2. 2 metres adjacent to the of the Sister Tree Creek frontage adjacent to
rear property boundary; the cabin location as shown below in the image.
or It is considered the cabins will be well screened
(b) for a mixed use building with non- by this vegetation and there is no need for any
residential uses fronting Duke St, Sunshine further plantings. In terms of Gradys Road
Beach: frontage, a large stand of trees will partly buffer
1. 2 metres to the rear the view of the cabins.
property boundary; or
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(c) unless otherwise specified above: Noting that this is a rural area and grazing
1. 3 metres adjacent to a continues to occur on the subject site and any
road frontage; and areas required for landscaped gardens is
2. 2 metres adjacent to reducing pasture that is required for the
side and rear property agricultural activity on site.
boundaries.
PO11
PO11.1 - Traffic Safe vehicular access is provided to and Sister Tree Creek Road is a sealed road. Y
from the site without adversely impacting on The proposal is a consistent use and the 4
the safety of the road network. cabins will result in less traffic than an as of right
intensive rural industry occurring on the site.
Furthermore, good site lines, a minimum of
130m is provided to the south to Gradys Lane
intersection and more than 350m to the north.
While Sister Tree Creek Road is part of the
Noosa major road network the speed limit is
80kmph, no more than 10 guests will be
accommodated in the 4 cabins and vehicles
enter and leave the site in a forward gear
complying with AO11.
Short term parking is provided near
AO12.2 the office to allow for check-in and check-out. Guest parking is provided a short walk from the Y
cabins and near the office. The owners also live
onsite and either the owner or an employee will
meet the guests for check-in or check out. This
is an operational matter and will be undertaken
to the guest needs.
where reticulated water supply is not
AO13.2 available, visitor accommodation is provided Rainwater tanks are to be provided with each of Y
with an alternative drinking water supply the cabins in accordance with the relevant
source (e.g. rainwater) that complies with guidelines considered as part of the building
the Australian Drinking Water Guidelines and plumbing approvals.
(NHMRC,2011) This is an essential element of any residential
use and ample water supply will be provided.
Except where in the form of a serviced
PO22 apartment or hotel room the short term Each unit includes kitchen, dining and small Y
accommodation use is provided with laundry facilities to accommodate the needs of
sufficient kitchen, dining, laundry and visitors.
common room facilities to accommodate the
needs of visitors and resident staff.
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5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Short Term
Accommodation (4 units) situated at 315 Sister Tree Creek Road, Kin Kin. The proposed
development is code assessable and meets the relevant Acceptable and Performance Outcomes.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.
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