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Subject Site and Surrounding Area
The subject site is a regular-shaped allotment with a frontage to Ferrells Road of 20.326 metres. The
site’s north boundary adjoins a rear allotment (104 Ferrells Road) with an access driveway traversing the
the northern boundary. The site contains a few sporadically located trees, with the more densely
vegetated parts being along the south and west boundaries of the site. As demonstrated in Figure 1
below, the site was improved by an existing Dwelling House, which has recently been demolished to
accommodate the proposed new Dwelling.




Figure 1 Subject Site (Source: Nearmap 2024)


Proposal Overview
The proposed new Dwelling, associated outbuilding (cottage) and tennis court are illustrated within the
Building Design Plans prepared by Reitsma in Attachment 1. As shown in Figure 2 below, the Dwelling
House is proposed to be established on the elevated (south) part of the site, in a similar position to the
recently demolished dwelling house. Rock retaining has been proposed around a section of the driveway,
dwelling house, shed and water tanks. The rock retaining creates additional stability for the site and
proposed buildings, while ensuring the proposed earthworks and retaining reflect the site rural
character. The built form generally steps down with the slope of the site, being constructed into the
landform and retaining much of the existing ground level surrounding the building.

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Figure 2 Proposed Development (Reitsma & Associates 2024)


The proposed development comprises a contemporary four (4) bedroom, single storey Dwelling House,
providing a maximum building height under 8 metres above the current ground level and the finished
surface level of the site. As depicted in Figure 3 below, the proposed development presents a high-
quality architectural design with complementary landscaping surrounding the dwelling, which blends
with the natural landscapes to conceal the proposed buildings. Specifically, the onsite landscapes will be
considered more once the development of the house has occurred. The proposed cottage has a similar
design, which has been presented on a smaller scale. The cottage comprises a two (2) bedroom dwelling
with a bathroom, kitchenette and living space.

The proposed Dwelling features a combination of light neutral tones, with projections of an all-
surrounding verandah provided throughout the built form to aid articulation, variation, visual interest
and outdoor/indoor living integration. The proposed Dwelling provides a high-quality living environment
with a focus on providing excellent open space (including a pool) and indoor living areas, each
encompassing a hinterland theme, which is evident in Cooroy. Furthermore, the proposed development
addresses all site constraints, such as slope, in a way that will not cause any adverse impacts to
surrounding properties (as detailed throughout the following report sections).

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Figure 3 Rendered Image (Source: Reitsma & Associates 2024)


A breakdown of the key development parameters is provided in Table 1 below.

Table 1 Development Particulars
   Development           Permitted/Required                Proposed                           Compliance
   Particulars

                                              Main Dwelling House
   Building Height       9 metres (pitched roof) and two   Max. 8 metres and one (1) storey   Yes
                         (2) storeys
   Site Cover            1.19%                             0.59%                              Yes
   Gross Floor Area      500m2                             350.29m2                           Yes
   Landscaping           Minimum 20%                       Greater than 20%                   Yes
   Parking               Two (2) spaces                    Two (2) car garage                 Yes
   Setbacks              Frontage – 10m                    Frontage – 61m                     Yes
                         Side (north) – 10m                Side (north) – greater than 10m    Yes
                         Rear (east) – 10m                 Rear (east) – greater than 10m     Yes
                         Side (south) – 10m                Side (south) – 14.26m              Yes
                         Side (west) – 10m                 Side (west) – greater than 10m     Yes
   Cut & Fill            Maximum – 1.5m                    Max. Cut – 0.8m                    Yes
                                                           Max. Fill 1.1m                     Yes
                                              Secondary Dwelling
   Gross Floor Area      65m2                              64.84m2                            Yes

   Bedrooms              2 bedrooms                        2 Bedrooms                         Yes

   No. of Secondary      1 Dwelling                        1 Dwelling                         Yes
   Dwellings

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Statutory Provisions
A review of the applicable State interests has been carried out with respect to the State Assessment and
Referral Agency’s (SARA) DA Mapping and the Planning Regulation 2017. A review of Schedule 10 of the
Planning Regulation 2017 confirms that the development application is required to be referred to
Energex as an advice agency. The site has an Energex easement in the northeastern corner of the
property. As such, the application requires referral to Energex as an Advice Agency.


Local Government Considerations – Noosa Plan 2020
Table 2 below, provides a breakdown of the planning scheme particulars, which relate to the subject site
and proposed development.

Table 2 Planning Scheme Particulars

 Planning Instrument                   Noosa Plan 2020

 Zone                                  Rural Zone

 Precinct                              N/A
                                       -     Agricultural Land Conservation Area
                                       -     Biodiversity Waterways and Wetlands (Area of Biodiversity
                                             Significance & Riparian Buffer Area)
                                       -     Bushfire Hazard
 Overlays                                         o Medium Potential Bushfire Intensity
                                                  o Potential Impact Buffer
                                       -     Landslide Hazard
                                                  o High Hazard Area
                                                  o Moderate Hazard Area
                                       Rural Zone Code
 Codes required to be addressed        Low Density Housing Code
                                       Biodiversity, Waterways and Wetlands Overlay Code

Code Assessment of the Development Application is required to be carried out, due to the proposal
being unable to comply with all the Acceptable Outcomes of the Rural Zone Code and Low Density
Housing Code. As such, a comprehensive assessment against the areas of non-compliance with the
Codes is provided below.

It is noted that the proposed Dwelling House complies with majority of the Low Density Housing Code
and Rural Zone Code. In accordance with Part 5.9 (Categories of development and assessment –
Overlays) of the Planning Scheme, the only Overlay Code that is required to be assessed is the
Biodiversity, Waterways and Wetlands Overlay Code, due to the following:

     •      The Biodiversity Waterways and Wetlands Overlay Code is not required to be assessed as it is not
            required to undertake any vegetation clearing onsite; and,
     •      The Bushfire Hazard Overlay Code and Landslide Hazard Overlay Code are not assessable for Dwelling
            House development. Further, any new Dwelling will be assessed for bushfire safety and nominated a
            minimum BAL for construction at Building Certification stage.

Whilst generally demonstrating compliance with the Acceptable Outcomes of the Zone Code and
Landslide Hazard Overlay Code, some minor variances are proposed, requiring additional assessment

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against the corresponding Performance Outcomes. Where the below sections are silent in relation to an
assessable element, the development is seen to comply with that relevant assessment criteria and no
further assessment is required.


Rural Zone Code
The proposed Dwelling House does not comply with the following Acceptbale Outcomes of the Zone
Code:
     •    Acceptbale Outcome AO2.4 – Agricultural Land Conservation Land separation
     •    Acceptbale Outcome AO8.4 – Setbacks

The proposed development is considered to comply with the corresponding Performance Outcomes of
the above-mentioned benchmarks, as demonstrated below.

Acceptable Outcome AO2.4 – Agricultural Land Conservation Land separation
Acceptable Outcome AO2.4 requires no sensitive land uses to be established closer than 200 metres
from land on an adjacent property included in the Rural Zone and mapped as an Agricultural Land
Conservation Area. Figure 4 below demonstrates the Agricultural Land Conservation Area overlay map
and the proposed position of the dwelling house and associated outbuildings.




Figure 4 Agricultural Land Conservation Land Overlay (Noosa Plan 2020)


As identified in Figure 4 above, the yellow circle shows a 200m radius to surrounding properties from the
approximate location of the proposed house. AO2.4 requires a 200m separation distance from land on
an adjacent property in the Rural Zone Code; as such, it can be easily determined that if the property
were to comply with this Acceptable Outcome, no section of the property would be able to establish a
dwelling house. Additionally, Noosa Council has confirmed that the Agricultural Land Conservation Land
Overlay impacting dwellings is not reasonable and as a result, this provision is proposed to be removed s
part of the currently advertised planning scheme amendment.

The proposed Dwelling House and associated outbuildings comply with PO2, as the development will not
result in a loss or the diminishing of the productive capacity of the Agricultural Land Conservation Area.

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The subject site until recently accommodated a dwelling house in the same location of the proposed new
dwelling. As such, the proposed dwelling house and associated outbuildings will not create further
impacts on the Agricultural Land Conservation Area.

Acceptable Outcome AO8.4 (b) & AO8.5 - Reduced setback to riparian buffer area and Agricultural Land
Conservation Area
Acceptable Outcome AO8.4 requires buildings and structures to be setback a distance greater than the
width of the riparian buffer area, as shown in Figure 5 below. It is proposed to provide reduced setbacks
to the riparian buffer area due to the large width of the buffer area, creating an onerous setback
expectation. The dwelling and associated outbuildings are appropriately located, in the same position as
the recently demolish dwelling and in an elevated, cleared section of the property. Furthermore,
Acceptable Outcome AO8.5 requires properties over 2 hectares in area to be setback no less than 200
metres between sensitive land uses and land on an adjacent rural zone property over 4 hectares in the
Agricultural Land Conservation Area.

The reduced setbacks are largely based on the need to position the Dwelling and Secondary Dwelling on
the flattest sections of the site, where the area is cleared and unconstrained . As shown in Figures 4 & 5,
complying with the two setbacks would significantly and unnecessarily constrain the property and its
ability to accommodate a new dwelling house. As the site is within the Rural Zone, a Dwelling House is a
consistent land use and should be able to be accommodated on the property, subject to reasonable and
relevant conditions.




Figure 5 Riparian Buffer Area (Noosa Plan 2020)


The property still provides significant vegetation buffering. Attachment 1 identifies the relevant overlays,
setbacks and proposed buildings.

The proposed development complies with the Performance Outcome PO8 for the following reasons:

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     •    The dwelling house and associated outbuildings are appropriately sited to avoid environmental
          harm or nuisance to other sensitive land uses. The proposed development is for a low-density
          dwelling house design that will not cause adverse impacts on amenity values;
     •    No proposed buildings are within the Biodiversity, Waterways and Wetlands Overlay;
     •    The proposed development does not involve the use of chemicals or air pollutants; and,
     •    The proposed development is a consistent rural use (dwelling houses) in the rural zone. There
          are no conflicts to activities or rural uses on adjoining properties.

Overall, the proposed Dwelling House complies with the PO8 of the Rural Code and should be supported
on the above-mentioned basis.


Low Density Housing Code
The proposed Dwelling House does not comply with the following Acceptbale Outcomes of the Low
Density Housing Code:


     •    Acceptbale Outcome AO22.1-2 – Landslide Hazard Area

The proposed development is considered to comply with the corresponding Performance Outcomes of
the above-mentioned benchmarks, as demonstrated below.

Acceptable Outcome AO22.1-2 – Landslide Hazard Area
Given that the site is mapped as being subject to Landslide Hazard, the proposed development does not
comply with Acceptable Outcomes AO22.1 and AO22.2. Both Acceptable Outcomes require no
development (including access) to be located in the moderate, high or very high landslide hazard areas.
Figure 6 below demonstrates that the access and proposed dwelling are located within the moderate
hazard area.




Figure 6 Landslide Hazard Overlay (Noosa Plan 2020)

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   A Landslide Risk Assessment has not been provided as the proposed access and new dwelling house are
   located where the previous access and dwelling house were positioned. The dwelling on site has only
   recently been demolished for the construction of the new proposed dwelling house. The impacts of the
   moderate landslide hazard area are minimal and will not adversely impact the ability to establish the
   proposed new dwelling.
   The proposed development complies with PO22 of the Low Density Housing Code as the development
   will still maintain the safety of people and property. Furthermore, the proposed development does not
   have hazardous materials stored in bulk. As such, the property is predicted to have minimal concerns
   around landslides and complies with Performance Outcome PO22 of the code.


   Conclusion
   This planning report has been prepared on behalf of Diana & Jeremy Edwards and demonstrates that
   approval of the proposed Dwelling House and associated outbuildings at 146 Ferrells Road, Cooroy, is
   warranted, subject to reasonable and relevant conditions on the following basis:

       •   The proposed Dwelling House design complies with the Low Density Housing Code;
       •   The proposed Dwelling House is not an overdevelopment of the site, given that the building
           design provides complying site coverage, building height and front and side boundary setback
           outcomes;
       •   The development generally complies with the relevant Assessment Benchmarks provided within
           the Rural Zone Code, with any departures from the Acceptable Outcomes of the Code suitably
           justified against the corresponding Performance Outcomes;
       •   The proposed Dwelling House has been designed to ensure the privacy and amenity of future
           residents of the Dwelling, as well as for the residents of the adjoining properties;
       •   The retention of the existing vegetation onsite ensures that the proposed reduced setbacks to
           the building will be adversely impact the riparian buffer area; and,
       •   The building design comprises a slope design to avoid the need to create large retaining walls
           on the site and minimise earthworks on the sloping site to the greatest extent possible.

   On the basis of the assessment contained within this report, it is requested that Council favourably
   consider the development proposal subject to reasonable and relevant conditions.

ADAMS + SPARKES
TO WN P L ANN ING




Pete Sparkes                    Max Shadforth
DIRECTOR                        TOWN PLANNER