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585_Planning Report
TOWN PLANNING REPORT Development Permit for a Material Change of Use (Dwelling House) 16 Pines Road, Cooroy (Lot 21 on SP308933) Chris Fraser C/- Innovative Planning Solutions 24 March 2022 P: 07 5452 5207 E: [email protected] Level 1, 9 First Avenue Maroochydore Qld 4558 PO Box 1043 Maroochydore Q 4558 innovativeplanningsolutions.com.au
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Document Control
Document: Job No. 585 – Planning Report for 16 Pines Road, Cooroy, Issue 2, prepared by
Innovative Planning Solutions Pty Ltd for Chris Fraser
Document Review
Issue Purpose of Document Prepared By Reviewed By Date
1 Draft for Internal Review ALH EK 23/3/2022
2 Final Lodgement EK SD 24/3/2022
Approval for Issue
Name Signature Date
Sian Davis 24 March 2022
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CONTENTS
1.0 Executive Summary ...................................................................................................... 4
1.1 Development Application Details ......................................................................................... 4
1.2 Planning Instrument Details ................................................................................................. 4
2.0 Site Details ................................................................................................................... 5
2.1 Site Description ................................................................................................................... 5
2.2 Land Use Context ................................................................................................................ 6
2.3 Surrounding Services and Facilities ...................................................................................... 6
3.0 Proposed Development Details .................................................................................... 8
3.1 Development Summary ....................................................................................................... 8
3.2 Development Details ........................................................................................................... 8
3.3 Supporting Technical Reports .............................................................................................. 9
4.0 Assessment of Local Planning Provisions .................................................................... 11
4.1 Relevant Planning Scheme ................................................................................................. 11
4.1.1 Proposal Definition .............................................................................................................. 11
4.1.2 Level of Assessment ............................................................................................................ 11
4.1.3 Zone Designation ................................................................................................................. 11
4.1.4 Overlays ............................................................................................................................... 11
4.1.5 Development Codes ............................................................................................................ 13
4.2 Alternative Solutions ......................................................................................................... 14
5.0 Assessment of State Planning Provisions .................................................................... 15
5.1 Planning Act 2016 .............................................................................................................. 15
5.2 Planning Regulation 2017 .................................................................................................. 15
5.2.1 State Interests ..................................................................................................................... 15
5.2.2 Matters Requiring Referral .................................................................................................. 15
5.3 State Planning Policy ......................................................................................................... 15
5.4 State Development Assessment Provisions ........................................................................ 15
5.5 South-East Queensland Regional Plan 2017 ........................................................................ 16
6.0 Conclusion ................................................................................................................. 17
7.0 Attachments .............................................................................................................. 18
Attachment 1 Contextual Map Extracts ......................................................................................... 18
Attachment 2 Proposal Plans ........................................................................................................ 18
Attachment 3 Geotechnical Report ............................................................................................... 18
Attachment 4 Site Investigation and Footing/Slab Design Report ................................................... 18
Attachment 5 Site Assessment and Soil Test for onsite disposal ..................................................... 18
Attachment 6 Bushfire Attack Level Assessment Report ................................................................ 18
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1.0 Executive Summary
Innovative Planning Solutions has been commissioned by Chris Fraser to prepare this report, which forms
part of and accompanies a Development Application seeking a Development Permit for a Material Change
of Use (Dwelling House). The report evaluates the town planning issues and requirements associated with
the proposal.
1.1 Development Application Details
Type of approval sought: Development Permit for Material Change to establish a dwelling
house
Site address: 16 Pines Road, Cooroy QLD 4563
Real property description: Lot 21 on SP308933
Current land use: Rural Land
Site area: 38653.44 sqm
Assessment manager: Noosa Shire Council
Owner details: Chris Fraser
Applicant details: Chris Fraser C/- Innovative Planning Solutions
Consultant details:
- Bushfire Caloundra Building Approvals
- Engineer Engineering and Building Investigation Services
- Geotechnical Engineering and Building Investigation Services
- Architect As Design + Drafting
-
1.2 Planning Instrument Details
Regional plan: South-East Queensland Regional Plan – Shaping SEQ 2017
Designation: Regional Landscape and Rural Production Area
Planning scheme: Noosa Plan 2020
Zone: Rural Zone
Local plan: Nil
Level of assessment: Code Assessment
Applicable overlays: Agricultural Land overlay, Biodiversity, Waterways and Wetlands
overlay, Bushfire Hazard overlay, Landslide Hazard overlay, Flood
Hazard overlay
Applicable codes: Rural Zone Code, Low Density Housing Code, Works Code,
Biodiversity, Waterways and Wetlands overlay Code, Landslide
Hazard overlay code, Flood Hazard overlay code and Bushfire
Hazard overlay Code.
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2.0 Site Details
2.1 Site Description
The subject land is located at 16 Pines Road, Cooroy and is legally described as Lot 21 on SP308933 and
has a total area of 38653.44 sqm. The subject site is irregular in shape and has a frontage to Cooroy Belli
Creek Road (circa 67m) and Pines Road (circa 240m). An Aerial of the subject site and Cadastral Smartmap
is included within the Contextual Map Extracts within Attachment 1 and provided below for reference
within Figure 1 and Figure 2 respectively.
Table 1: Site Characteristics
Site characteristic Description
Existing land use Rural Land
Existing structures Nil
Frontage and The site has an existing access off Pines Road
access
Topography and The site slopes away from Cooroy Belli Creek Road towards the Southern
views boundary.
Existing vegetation The site exhibits a portion mature vegetation of biodiversity significance which is
located on the northern end of the site and runs along pines road to link with the
land parcel to the South of the subject site
Existing waterways The site is mapped as containing a waterway to the north-western portion of the
site.
Figure 1: Aerial View
Source: QLD Globe, 2021
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Figure 2: Cadastral Map
Source: Smart Maps, 2022
2.2 Land Use Context
The subject land is surrounded by rural zoned land. Table 2 below provides a summary of the land uses
that directly adjoin the site:
Table 2: Surrounding land uses
Surrounding land uses
North The north of the site directly adjoins Cooroy Belli Creek Road
South The south of the site adjoins another rural allotment with an existing dwelling
house located Approx 320m from the Boundary.
East The east of the site adjoins Pines Road with a number of rural properties
spanning across a couple of kilometres
West The west of the site adjoins another rural allotment with a dwelling house
located Approx 80m from the boundary.
2.3 Surrounding Services and Facilities
The subject land is positioned within proximity to a range of services and facilities located within the
nearby township of Cooroy. These services and facilities include, but are not limited to early learning
centres, primary schools, healthcare and community services, public transport, retail shopping facilities
and recreational opportunities. The site’s approximate proximity to these available services is further
detailed in Table 3 below:
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Table 3: Proximate services and facilities
Proximate services and facilities
i. Milestones Early Learning Cooroy approx. 6.4km
ii. Cooroy Golf Club approx. 5.2km
iii. Supa IGA approx. 5.6km
iv. Cooroy Family Medical approx. 5.6km
v. Eden Private Hospital approx. 5.2km
vi. Noosa District State High School Approx. 5.3km
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3.0 Proposed Development Details
The following section discusses the key aspects of the development, which are considered to be the
primary planning matters for consideration in this application.
3.1 Development Summary
The development proposed within this application seeks approval for a dwelling house. Proposal Plans for
the development are included at Attachment 2 to this report. A snapshot of the key development
parameters for the proposed development are set out below in Table 4 as follows:
Table 4: Summary of development aspects
Material Change of Use
Building height The proposed dwelling is low rise single storey of no more than
8m in height from the ground level to the roof of the building.
Site coverage 347.85sqm which equates to less than 1% of the site
Car parking Car parking to be afforded in the double garage as shown on the
plans
Site access Existing site access from Pines Road is to remain the same
Proposed servicing arrangements The proposed dwelling will be serviced via an effluent disposal.
The site will also have stormwater management in place as per
the geotechnical advice. The dwelling will be connected to a
water and an electricity supply. Refer supporting technical
reports included at Attachments 3 to 5.
3.2 Development Details
The following operational aspects of the development are set out and discussed further below:
i. Built form – The proposed dwelling provides a built form that is sympathetic to the rural nature
of the property. The built form is low rise, with a Queenslander styled facade and roof. The
dwelling designs allows for a high level of comfort, sustainable design and provides a high level of
privacy to neighbouring properties and future residents of the premise.
ii. Setbacks – The dwelling house is setback a minimum of 10m from the Southern (rear) and Western
(side) boundary.
iii. Environmental protection – The proposed dwelling is situated on the site in the portion of the
land which is not mapped as a waterway, riparian buffer or area of biodiversity significance.
iv. Private open space – The proposed dwelling is afforded with ample private open space to the
front and rear of the property.
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v. Site cover – The proposed dwelling has a site cover of less than 1%.
vi. Access configuration and Parking – The current access arrangements are not proposed to change
as part of the construction of the dwelling. A double garage is proposed for the purposes of
parking.
vii. Refuse collection – The current refuse collection service afforded to the site is not proposed to
change due to this application.
viii. Infrastructure servicing – The proposed dwelling will be serviced via an effluent disposal. The site
will also have stormwater management in place as per the geotechnical advice. The dwelling will
also be connected to a water and an electricity supply.
3.3 Supporting Technical Reports
In support of this development application, the following specialist reports listed in Table 5 below have
been commissioned and accompany this planning assessment report:
Table 5: Supporting documentation
Report title Prepared by Date Reference
Geotechnical Report Engineering and Building 4 March 2022 Attachment 3
Investigation Services
Site Investigation and Engineering and Building 4 March 2022 Attachment 4
Footing/Slab Design Report Investigation Services
Site Assessment and Soil Test for Engineering and Building 7 February 2022 Attachment 5
onsite disposal Investigation Services
Bushfire Attack Level Assessment Caloundra Building Approvals 22 January 2022 Attachment 6
Report
A summary of the supporting technical reports commissioned to support the proposed MCU (dwelling
house) development is provided below.
i. Summary of Geotechnical and Engineering Matters – The proposed development consists of a
single level dwelling on a concrete slab with elevated timber framed decks to the southeast side.
The development will require earthworks for access construction, cut/fill earthworks for building
site preparations, excavations of footings/foundations and installation of services. Earthworks will
also be required for site drainage works. The assessment considered the required works, slope
stability, drainage and effluent disposal required to establish the dwelling house on the site. The
assessment found that the works required will not adversely impact the site stability, adjoining
sites or the viability of the proposed dwelling. Please refer to engineering assessments and reports
included at Attachment 3, 4 and 5 for further details.
ii. Summary of Bushfire Matters – A bushfire attack level assessment report has been undertaken
over the site to assess the risk for the proposed dwelling – refer to Attachment 6. The BAL
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assessment found that the site had a rating of 12.5, which minimal to no vegetation within
proximity of the proposed dwelling. It is therefore considered that the proposed dwelling is
located on the site in an area that mitigates the potential adverse impacts of bushfire on people,
property and the environment.
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4.0 Assessment of Local Planning Provisions
4.1 Relevant Planning Scheme
The Local Government planning scheme this development application is subject to assessment against is
the Planning Scheme. A summary of the assessment of the proposal against the provisions of the relevant
aspects of the planning scheme is outlined below.
4.1.1 Proposal Definition
The proposal is defined by the Planning Scheme as follows:
Dwelling House means –a residential use of premises involving—
a) one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
b) one dwelling for a single household, a secondary dwelling and any domestic
outbuildings associated with either dwelling.
4.1.2 Level of Assessment
The proposed development application is made code assessable pursuant to the development assessment
Table 5.5.13 Categories of development and assessment – Rural of the Noosa Plan 2020. The level of
assessment is unchanged by the development assessment Table 5.9 Categories of development and
assessment – Overlays.
4.1.3 Zone Designation
The subject site is located within the Rural zoning designation of the Planning Scheme. The purpose of this
zone is to provide for rural uses and activities and provide for other uses and activities that are compatible
with existing and future rural uses.
Assessment – The proposal has been assessed against the relevant overall outcomes of rural zone code
and is considered to reflect a development outcome anticipated for the land. It is noted that the dwelling
house is situated within 200m from land on an adjacent rural property, however due to the environmental
constraints within other areas of the subject site, the proposed location for the dwelling is deemed most
appropriate in context.
4.1.4 Overlays
The subject site is mapped as being constrained by some planning scheme overlays, as shown in the
overlay map extracts below. A general summation of how the proposal complies with the applicable
overlay code is summarised in Table 6 below:
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Table 6: Assessment of relevant Overlay Code
Overlay Applicant Response
Agricultural Land Overlay Due to the ecological constraints of the site the
proposed dwelling house is proposed to be located
at the rear of the property, located on land that is
mapped as agricultural land conservation area.
This proposed location is the most unconstrained
area of the site, that will not require any loss of
natural habitat, interference with waterways or
large amounts of vegetation clearing or extensive
earthworks to facilitate the development. The
proposed site cover for the dwelling is less than
1%. As the rural site currently has no dwelling or
residential buildings, the impact of the dwelling on
the site is deemed a little impact and will not result
in any fragmentation of the rural land, an
incompatible land use or an irreversible impact on
the productive capacity of the subject site or
adjoining site operations.
Biodiversity, waterways and wetlands overlay The proposed location for the dwelling is not
within proximity of the waterways, riparian buffer
or areas of biodiversity significance on the site.
Bushfire Hazard overlay A bushfire attack level assessment report has been
undertaken over the site to assess the risk for the
proposed dwelling – refer to Attachment 6.
The BAL assessment found that the site had a
rating of 12.5, which minimal to no vegetation
within proximity of the proposed dwelling. It is
therefore considered that the proposed dwelling is
located on the site in an area that mitigates the
potential adverse impacts of bushfire on people,
property and the environment.
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Overlay Applicant Response
Landslide Hazard overlay As per the Geotechnical report at Attachment 5,
the proposed dwelling is situated in a mapped
moderate hazard area of the site. The proposed
design of the dwelling ensures that the site has a
very low risk of instability, in relation to the
proposed access, topography, geological
conditions, drainage and location of the dwelling.
The proposed dwelling, stormwater system and
effluent disposal will not adversely impact upon
site stability or adjoining properties.
Flood Hazard overlay The proposed dwelling is not located within the
mapped waterways or riparian buffer shown on
the site.
Assessment – The proposed development is considered appropriate for the subject site as a site responsive
design as supported by the technical reports.
4.1.5 Development Codes
There are a number of planning scheme codes triggered for the assessment of this application. A general
summation of how the proposal complies with the key outcomes of the relevant codes is discussed below.
a) Rural Zone Code – The proposal has been assessed against the relevant overall outcomes of rural
zone code and is considered to reflect a consistent and desirable development outcome for the
land. It is noted that the dwelling house is situated within 200m from land on an adjacent rural
property, however due to the environmental constraints of the land the proposed location for the
dwelling is deemed appropriate.
b) Low Density Housing Code – The proposed dwelling has been assessed against the relevant overall
outcomes of the low-density housing code and is considered to be appropriately located, achieve
a high level of comfort and amenity, provide a sustainable design and is compatible with the
character of the surrounding area.
c) Secondary Codes – The proposed dwelling is considered to be site responsive and provide a high
level of safety, security and amenity to residents while also providing an acceptable level of
infrastructure and services that will not adversely impact upon the environment.
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Assessment – The proposed development is considered to be consistent with the intent for the land as
nominated within the relevant aspects of the Planning Scheme, including the rural zoning designation and
all relevant planning scheme codes and requirements. Necessary comprehensive technical information as
discussed in Section 3.4 of this report demonstrates the proposed development furthers the planning
scheme intent and is a suitable outcome for the site.
4.2 Alternative Solutions
Some alternative solutions to the relevant development codes requiring assessment are proposed by this
development application for MCU (dwelling house) as detailed in Table 7 below:
Table 7: Alternative solutions to assessable development codes
Development Code Applicant Response
Rural Zone Code As discussed above, the dwelling house is situated
AO2.4: No sensitive land use is established closer within 200m from land on an adjacent rural
than 200 metres from land on an adjacent property, however due to the environmental
property included in the Rural zone and mapped constraints of the land the proposed location for
as Agricultural Land Conservation Area as shown in the dwelling is deemed appropriate.
Agricultural Land Overlap Maps in schedule 2.
This proposed location is the most unconstrained
AO8.5: On properties over 2 hectares in area, a area of the site, that will not require any loss of
distance of not less than 200 metres is provided natural habitat, interference with waterways or
between a sensitive land use and land on an large amounts of vegetation clearing. The
adjacent rural zone property over 4 hectares in proposed site cover for the dwelling is less than
mapped Agricultural Land Conservation Area 1%. As the rural site currently has no dwelling or
residential buildings, the impact of the dwelling on
the site is deemed a little impact and will not result
in any fragmentation of the rural land, an
incompatible land use or an irreversible impact on
the productive capacity of the site.
Low Density Housing Code As per the attached Geotechnical report, the
AO22.1: Development, including associated proposed dwelling is situated in a mapped
access, is not located on land identified as a moderate hazard area of the site. The proposed
landslide hazard area on a Landslide Hazard design of the dwelling ensures that the site has a
Overlay Map. very low risk of instability, in relation to the
proposed access, topography, geological
conditions, drainage and location of the dwelling.
The proposed dwelling, stormwater system and
effluent disposal will not adversely impact upon
site stability or adjoining properties.
Assessment – The proposed variances detailed above provide an appropriate outcome that will not
adversely impact upon the proposed development or adjoining properties.
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5.0 Assessment of State Planning Provisions
5.1 Planning Act 2016
The Planning Act 2016 is the statutory instrument for the State of Queensland provides the legislative
framework for authorities (Local and State Government) to assess development applications. In respect of
the proposed development, a code Assessable development application is required to be made according
to s.45(3) of the Act to the assessment manager to acquire the necessary development approvals.
5.2 Planning Regulation 2017
5.2.1 State Interests
A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has identified the
following Matters of State Interest as being applicable to the subject site:
• SEQ Regional Plan Trigger – SEQ regional plan land use category: Regional Landscape and Rural
Production Area
• Water resources planning area boundaries
• Queensland waterways for waterway barrier works – Low and moderate mapped waterways.
5.2.2 Matters Requiring Referral
The proposal has been assessed against Schedule 10 of the Planning Regulation 2017 and whilst the land
is affected my multiple mapped state-interests, none of these matters are triggered for referral to the
State Assessment Referral Agency.
5.3 State Planning Policy
The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state
interest in land use planning and development. The SPP only applies to development assessment if the
planning scheme has not yet appropriately integrated the SPP. If there is a discrepancy between a local
planning scheme and a state planning policy, then what is outlined in the state planning policy overrides
the planning scheme. As outlined within Part 2 of the Planning Scheme the current SPP’s (July 2017) where
relevant to the proposal have been adopted into the planning scheme. Considering the above, no further
assessment of the proposed development against the SPP’s is required.
5.4 State Development Assessment Provisions
The State Development Assessment Provision (SDAP) set out the matters of interest to the state for
development assessment, where the state assessment and referral agency (SARA) is responsible for
assessing or deciding development applications as assessment manager or as a referral agency.
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As identified above, there are no matters of interest relevant to the proposal; therefore, no further
assessment against the SDAPs is required.
5.5 South-East Queensland Regional Plan 2017
The subject land is located within the Regional Landscape and Rural Production Area designation of the
SEQRP 2017 shown within the Regional Plan. Such land is intended to be managed for long term
preservation of natural assets and regional landscape values which are vital for SEQ’s sustainability,
liveability and prosperity. The proposed development is considered to be appropriate as it represents an
appropriate use of the site by establishing one (1) residential use and protects ecological values and does
not result in fragmentation of the land. As such, the proposal furthers the intent of the Regional Plan.
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6.0 Conclusion
i. This report has assessed the town planning matters related to a proposal to the Noosa Shire
Council for a Material Change of Use for a new Dwelling House on land at 16 Pines Road, Cooroy
and is legally described as Lot 21 on SP308933.
ii. The applicant has undertaken all necessary environmental and technical assessments to
comprehensively investigate and determine that the proposed development is a suitable outcome
on the subject site. Such investigations have resulted in the refinement and modification of the
development layout from the original concept.
iii. The development has been designed to integrate with the character of the surrounding area and
the Cooroy township by providing built form that is consistent with the immediately surrounding
site. The dwelling house has been designed to align with the topography and environmental
constraints of the site and are based upon ground truthed slope assessments of the land as
detailed within the supporting technical reports.
iv. The proposed development is consistent with all relevant State planning instruments including
State Planning legislation, State Planning Policy and South-East Queensland Regional Plan.
v. The proposed development is capable of connecting to all necessary infrastructure including
water, sewer, electricity, stormwater infrastructure and telecommunications utilities.
vi. The proposed development has demonstrated compliance with the relevant planning scheme
codes of the Noosa Plan or could be conditioned to comply with the relevant local plan, zoning,
development and overlay codes through relevant conditions of approval. Additionally, the
mapped overlay constraints identified within the site have been addressed through the
implementation of sound design solutions to produce a development layout responsive to
minimizing development within constrained areas and mitigating potential impacts on future built
form.
vii. For the above reasons it is considered the proposed development is approved subject to
reasonable and relevant conditions.
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7.0 Attachments
Attachment 1 Contextual Map Extracts
Attachment 2 Proposal Plans
Attachment 3 Geotechnical Report
Attachment 4 Site Investigation and Footing/Slab Design Report
Attachment 5 Site Assessment and Soil Test for onsite disposal
Attachment 6 Bushfire Attack Level Assessment Report
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