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Delegated Report - Code - Planning MCU22 0099
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Consultant Planner
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0099
Applicant Sonja Jean Heron
David Murray Hill
Proposal Material Change of Use - Dwelling house
Properly Made Date 9 June 2022
Information Request Date 28 June 2022
Information Response Date 20 September 2022
Decision Due Date 7 November 2022
Report Completed Date 3 November 2022
Report Reviewed By Lisa Pienaar
PROPERTY DETAILS
Property Address 36 Riverpark Dr Ringtail Creek Qld 4565
RP Description Lot 2 SP 265110
Land Area 56.28 Hectares
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Zone Rural
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Acid Sulfate Soils Overlay
Agricultural Land Conservation Area Overlay
Biodiversity Waterways and Wetlands Overlay – Area of
Biodiversity Significance and Riparian Buffer Area
Document Set ID: 22150094
Version: 4, Version Date: 03/11/2022
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Bushfire Hazard Area Overlay – High Potential and Potential
Impact Buffer Areas
Flood Hazard Overlay – Flooding and Inundation Extent
Landslide Hazard Overlay
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The development
proposes a new Dwelling House and Secondary Dwelling towards the centre of the site and a shed
sited adjacent to the driveway toward the front of the site.
The dwelling is 1 storey and includes a basement level comprises the garage, a plant room and
store. The ground level comprises the master suite, including a an ensuite and walk-in-robe, a
laundry, scullery, kitchen, dining, library, cellar, lounge, foyer, coms/data room, powder room, three
bedrooms with a robe and ensuite in each, a rumpus room and a media room.
The Secondary Dwelling is located to the south-east of the primary dwelling house and includes a
bedroom, ensuite, living area, kitchenette and outdoor alfresco area.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. SITE DETAILS
2.1. Background
In April 2006, a code assessable lot reconfiguration application, 152006.862, made assessable
under the superseded planning scheme was received to subdivide 2 lots into 6 lots over lots 25 &
26 on SP104706. As part of the IDAS process, the EPA and DNR (now DERM) sought to have
parts of the land in the Coastal Management District (CMD) surrendered to the state. The applicant,
in December 2008 amended the application to include only 1 into 2 lots for the subdivision on Lot
26 on SP104706, the site subject of this application. Council issued a Development Permit to
reconfigure a lot (1 into 2 lots) on 22 March 2010.
The Department of Environment and Resource Management as a concurrence agency instructed
the assessment manager to apply conditions that indicated no clearing was to occur within the
remnant vegetation on site. The current application is for clearing for a detached dwelling within
this remnant vegetation. The detached dwelling is a sole dwelling under the Sustainable Planning
Act 2009 and as such is not required to be referred to Department Environment and Resource
Management.
On 22 December 2011 Council approved a dwelling on the site. To date the approval has not been
acted upon and has since lapsed.
Existing approvals relating to the site are MCU11/0204 & 152006.862.02 (1 into 2 lots).
2.2. Site Description
The subject site has an area of 56.28 hectares and is undulating with an access driveway to river
park road and frontage to the Noosa River. Water and sewer infrastructure are not available to
the site, however electrical and telecommunications can be connected. The site has been
previously cleared in accordance with Schedule 10, Part 3 of the Planning Regulation 2017 to
provide a house site area. An existing environmental covenant area is located within 50m of the
north eastern boundary adjacent to the river.
2.3. Surrounding Land Uses
Surrounding land uses include undeveloped and large rural sized lots to north and smaller rural
residential development to the south of the lot.
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3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Code;
Works Codes;
Acid Sulfate Soils Overlay;
Agricultural Land Conservation Area Overlay;
Biodiversity Waterways and Wetlands Overlay;
Bushfire Hazard Area Overlay;
Flood Hazard Overlay;
Landslide Hazard overlay.
The subject site is located in Ringtail Creek and is zoned Rural. 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 2 storeys max 1 storey
metres 8 and 9m to the pitch of the roof 4.5-5 metres
Site cover 40% max < 40 %
Gross floor area 500 m² max 534m² X
Secondary Dwelling GFA 65m2 max 62.7m2
Boundary setbacks
Frontage 10 metres min >100 metres
Side 10 metres min >10 metres
Riparian Buffer Greater than the width of buffer Not located in the
area Riparian Buffer
ALCA Land
200 metres min 150 metres X
Boundary setbacks -
Shed
10 metres min 45 metres
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* Frontage 10 metres min 25/35 metres
* Side
Cut & Fill <1.5 metres in depth relative to 4.5m relative to X
natural ground level natural ground
level
ALCA Setback – 200m
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The
proposal is setback 150m from ALCA on adjacent land. The adjacent land cleared along the
common boundary and does not appear to currently be used for agricultural purposes. It is
considered the proposed dwelling will not have any additional impact on this ALCA land and it is
unlikely that any expansion of the agricultural use would be undertaken in this particular area due
to the narrow nature of the cleared area along the boundary.
Therefore, the proposal is considered to comply with the applicable PO2.
Cut & Fill
The dwelling includes a basement that requires approximately 4.5 metres of cut and as such does
not comply with Acceptable Outcome AO15.3 of the Rural Zone Code.
PO15
The landscape character and visual amenity quality of hill slopes and ridgelines are retained and
buildings and structures:
1. are visually responsive to the natural topography of the site, sitting within the landscape
rather than dominating it;
2. step down slopes or use suspended floor construction, minimising cut and fill and avoiding
benching of the site;
3. allow for retention of natural vegetation that assists in screening or visually softening
development; and
4. incorporate materials, finishes and colours that complement the natural setting and
integrate with the landscape and skyline.
The proposed dwelling is considered to meet the corresponding Performance Outcome as the
dwelling is 1 storey in height and the basement is cut into the topography of the site and therefore
the development is not visually dominant to the river or adjoining property. No vegetation is
required to be removed within the building footprint as the development site has previously been
cleared. Vegetation remains around the perimeter of the subject site.
Gross floor area (GFA)
Acceptable Outcome AO7.3 of the Rural Residential Zone Code requires that individual building
does not exceed 500m2 of GFA. The proposed dwelling has a total gross floor area of 534m2. As
such, the proposal does not comply with Acceptable Outcomes AO7.3 and is therefore assessed
against Performance Outcomes PO7 of the Rural Zone Code
PO7
Buildings and other structures:
1. are low rise;
2. minimise the appearance of bulk to adjacent properties, roads or other areas in the
vicinity of the site; and
3. respect the scale of surrounding vegetation and maximises opportunities to retain
existing vegetation on site.
The proposed development is one storey in height and considered low rise, the development is
setback substantially from all boundaries and is not highly visible from surrounding properties,
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roads or the river. The development does not involve the removal of any vegetation as the
development site has previously been lawfully cleared. Therefore, the proposal is considered to
comply with PO7.
Biodiversity Overlay - Riparian Buffer Area
The subject site contains a riparian buffer area which includes an area previously conditioned to
be an environmental covenant area. The proposed dwelling and associated bushfire management
buffers do not require the removal of vegetation, nor are they located within the Riparian Buffer
area
The house site area is within the Environmental Protection Overlay however no trees are proposed
to be cleared as a result of the development.
The effluent disposal system is located within existing vegetation east of the proposed dwelling
and will use fixed surface sprinkler irrigation which does not require excavation or removal of any
vegetation. At a distance of 130m to the edge of the Riparian buffer the system is unlikely to have
any detrimental impact on water quality or ecology.
Any pool backwash or overflow will flow into a rubble put that will then run into to stormwater
drainage pipe across the grass swale and into the dam on site.
The proposed development raises no concerns in relation to the Biodiversity Overlay as cleared
and revegetation of the environmental covenant area have been undertaken in accordance with
previous approvals.
The applicant has provided an Ecological Assessment Report, prepared by Green Tape Solutions
and dated 19 September 2022. This report includes several rehabilitation areas. Conditions are
recomemmended accordingly.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Daniel Epps – comments below.
The submitted documentation did not include sufficient information for Engineering to assess the
proposed development (earthworks, erosion and sediment control, stormwater management,
access and clearing). The applicant engaged SCG Consulting Engineers to address Engineering’s
concerns. SCG provided additional detail demonstrating how stormwater generated on-site would
be controlled and released. SCG also prepared an earthworks and erosion and sediment control
plan. The applicant indicated that no additional clearing would be required during and post
construction. Engineering believes relevant compliances can be achieved and recommends the
following conditions be included.
5. 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 MCU22/0099 for a Material Change of Use - Dwelling house situated
at 36 Riverpark Dr Ringtail Creek and described as Lot 2 SP 265110, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: MCU22/0099
Street address: 36 Riverpark Dr Ringtail Creek Qld 4565
Real property description: Lot 2 SP 265110
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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
2. 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 Rev. Plan/Document Name Date
No.
01 DA04 Site & Locality Plan, prepared by Skale Building Design 08.09.22
02 DA04 Floor Plan - Basement, prepared by Skale Building 08.09.22
Design
03 DA04 Floor Plan - Ground Floor, prepared by Skale Building 08.09.22
Design
04 DA04 Roof Plan, prepared by Skale Building Design 08.09.22
05 DA04 Floor Plan – Ground floor – Craft /Study and Secondary 08.09.22
Dwelling, prepared by Skale Building Design
06 DA04 South Western Elevation, prepared by Skale Building 08.09.22
Design
07 DA04 South Eastern Elevation (dwelling), prepared by Skale 08.09.22
Building Design
08 DA04 South Eastern Elevation (secondary dwelling and craft) 08.09.22
– Secondary Dwelling & Craft/Study prepared by Skale
Building Design
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09 DA04 Sections, prepared by Skale Building Design 08.09.22
11 DA04 Shed floor and elevation plans, prepared by Skale 08.09.22
Building Design
Currency Period
3. This development approval lapses if the use has not happened by 3 November 2028, unless
an application to extend the currency period is approved by Council.
Secondary Dwelling
4. This approval allows for the use of the building for the purpose of a Dwelling House and
Secondary Dwelling in accordance with the administrative use definition of the Noosa Plan
2020.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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.
Ecological
6. The rehabilitation must be implemented in accordance with the Ecological Assessment
Report, prepared by Green Tape Solutions and dated 19 September 2022 prior to occupation
of the dwelling.
7. The rehabilitation works must be by a suitably qualified person, including the following
minimum specifications:
a. Landscape planting specifications in accordance with Landscaping Code and PSP 2
Landscaping;
b. A planting schedule of suitable locally occurring species, plant numbers and locations,
reflective of the Regional Ecosystem 12.3.1 & 12.3.2;
c. Control of all environmental weeds of the site in accordance with best industry practice
for environmental rehabilitation which does not result in bed or bank instability;
d. Avoid undesirable plant species identified in PSP2 Landscaping;
e. Planting densities must result in a stable channel over the long term and minimal potential
for pest plant species.
8. Existing trees on the site must be retained, unless an environmental weed.
Effluent Disposal
9. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity suitable for the development and positioned generally in
accordance with the Effluent Disposal Report prepared by Global Testing and dated
21/03/2022 and Ecological Assessment Report Green Tape Solutions and dated 19
September 2022.
ENGINEERING
Approved Plans
10. 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.
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Plan Plan/Document Name Date
No.
32207- Site silt and Sediment Control, prepared by SCG August 2022
C1.1 Consulting Engineers
32207- Site silt and Sediment Control, prepared by SCG August 2022
C1.2 Consulting Engineers
32207- Garage Drainage Schematic August 2022
C3.1
Stormwater Drainage
11. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property. The works must be undertaken
generally in accordance with drawing No 32207-C3 prepared by SCG Consulting dated
August 2022.
Geotechnical Stability
12. All works must be carried out in accordance with the recommendations contained in section
8 of ARCOS’ Report on Geotechnical Investigation (220329-01-A) dated 31 May 2022.
Earthworks and Retaining Walls
13. 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. The works must be generally in accordance with SCG Consulting’s drawing Nos
32207-C2.1 and 32207-C1.1 dated August 2022 and must be undertaken in accordance with
the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
14. All retaining walls must be designed and constructed in accordance with the planning scheme
and must be certified by an RPEQ where exceeding 1.0m in height.
Damage to Services and Assets
15. 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.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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Infrastructure Charges
1. 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
Building and Construction Industry (Portable Long Service Leave) Levy
2. 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.
Co-ordination of Operational Works Assessment
3. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work
Plumbing Permit Effluent Disposal
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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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