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planning report sister tree creek rd - kin kin

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           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.




                                                                                                                                        Page 2 of 11

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




                                                                                    Page 3 of 11

Page 4

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




                                                                                         Page 4 of 11

Page 5

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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Page 6

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




                                                                                        Page 6 of 11

Page 7

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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Page 8

                                                                      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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Page 9

                     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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Page 10

                   (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.




                                                                                                                              Page 10 of 11

Page 11

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.



                                                                                                                    Page 11 of 11

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