Delegated Report - Code - Planning MCU22 0133

Author	External Planner – Nick Cooper
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0133
Applicant	Sheree Jayne Hill
Proposal	Material Change of Use - Dwelling house
Properly Made Date	5 August 2022
Information Request Date	2 September 2022
Information Response Date	19 October 2022
Decision Due Date	24 November 2022
Report Completed Date	11 November 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	8 Hinterland Cl Tinbeerwah Qld 4563
RP Description	Lot 8 RP 162815
Land Area	5595m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Rural Living
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity Overlay – Area of Biodiversity Significance Bushfire Hazard Overlay – High and Potential Impact Hazard Landslide Hazard Overlay – Moderate and High Hazard areas
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house is 2 storeys and consists of a undercover parking on the ground level and living spaces on the upper level.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The subject site is a corner a lot surrounded by hinterland Close on two frontages.  The block slopes away from the corner frontage and is sparsely vegetated by mature growth species with the undergrowth previously managed.  See below figure 5.

Figure 5 – Street view photo of subject site.
Surrounding Land Uses
Surrounding land uses are largely rural residential developed lots.
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 Residential Zone Code;
Low Density Housing Code;
Biodiversity Overlay Code
The subject site is located in Tinbeerwah and is zoned Rural Residential. 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:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	2 storeys 7.9 metres	
Site cover	30% max	6.17%	
Gross floor area	500m² max	235m²	
Boundary setbacks Frontage (north) Side (east) Side (south)	10 metres min 6 metres min 6 metres min	10 metres + 6.28 meters 6.05 metres	

Biodiversity
The applicant has provided a site/ survey plan that indicates clearing and earthworks are required in order to site the dwelling in proximity to the road frontage (as apposed to the center or rear of the site). The applicant has indicated that the siting is necessary due to the majority of mature growth species being located down slope and to minimize the earthworks to practically site the dwelling.    The applicant has also confirmed that no additional clearing is necessary for bushfire management purposes.   There are 15 number of trees proposed to be removed within the curtilage of the dwelling house and the battering / retaining that is proposed.     As there is no alternative siting and the developments location minimizes the extent of clearing required it is considered that the developments complies with the Biodiversity Overlay Code.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Mark Lewis – Engineering Conditions included
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 MCU22/0133  for a Material Change of Use - Dwelling house situated at 8 Hinterland Cl Tinbeerwah Qld 4563 and described as Lot 8 RP 162815, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0133
Street address:	8 Hinterland Cl Tinbeerwah Qld 4563
Real property description:	Lot 8 RP 162815
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
007	1	Site Survey, prepared by the applicant	20.10.22
001	1	Site Plan and General Notes, prepared by Avies Building Design	24.07.22
002	-	Floor Plan, prepared by Avies Building Design	-
003	2	Elevations, prepared by Avies Building Design	20.10.22
004	2	Sections, prepared by Avies Building Design	20.10.22
Currency Period
This development approval lapses if the use has not happened by 11 November 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8 meters above ground level in accordance with the approved plans.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the building does not exceed the maximum height requirement of this Decision Notice.
Vegetation Clearing
This approval allows for the clearing of vegetation limited to those trees identified (in red dashed lines) within the approved Site Survey Plan.   No further clearing is permitted.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Site Access and Driveways
A sealed access driveway must be provided from the formation in Hinterland Close to all parking and manoeuvring areas of the development.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee.  Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in Report on Geotechnical Investigation Project Number 220616, Report 01 Revision Frev A prepared by ARCOS dated 28 July 2022
At the completion of the works certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in Report on Geotechnical Investigation Project Number 220616, Report 01 Revision Frev A prepared by ARCOS dated 28 July 2022
Earthworks and Retaining Walls
All earthworks and associated retaining structures/batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
a.         where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
b.         where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for 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:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
a.         is a Registered Professional Engineer of Queensland (RPEQ); and
b.         has a degree in civil engineering or engineering geology; and
c.         has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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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