Delegated Report - Code - Planning MCU21 0080

Author	Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0080
Applicant	Elena Jean Lambros
Proposal	Material Change of Use - Dwelling house
Properly Made Date	27 April 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	30 June 2021
Report Completed Date	
Report Reviewed By	Tara Norley – 3 June 2021

PROPERTY DETAILS
Property Address	400 Black Mountain Rd Black Mountain Qld 4563
RP Description	Lot 90 SP 158854
Land Area	195,800m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide Hazard Overlay Regional Infrastructure Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The proposed dwelling house will be located in an area clear of vegetation and setback 10m to the south and 17.63 metres to the west of the adjoining property to the west, of which is mapped as containing Agricultural Land Conservation Area by the Agricultural Land Overlay Map. The proposed dwelling house has a GFA of 160m2 and consists of a kitchen, dining and living area, 3 bedrooms, bathroom, ensuite, study, spare room, laundry, office, double garage and north facing verandah. In addition, the subject site contains an existing 5.9m x 7.6m cabin, located approximately 45 metres south of Middle Creek, at the northern side of the property.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Proposed Site Location Plan

Figure 3 – Site Plan

Figure 4 – Floor Plan

Figure 5 – Elevations

site details
Background
Cabin approved in 2017 and constructed in 2018.
Site Description
The subject site is of an irregular shape and 19.5 hectares in size.
The site is constrained by the following Overlays.
Agricultural Land Overlay
Biodiversity, Waterways and Wetlands Overlay
Bushfire Hazard Overlay
Landslide Hazard Overlay
Regional Infrastructure Overlay
The main topographical characteristics of the site are Middle Creek, associated streams and an approximate 6% fall from the southern property boundary towards Middle Creek. Middle Creek is located 85 metres south of the northern property boundary, whilst associated tributaries run adjacent to mature vegetation and span form Middle Creek in the north to the southern property boundary. The majority of the site is identified by the Biodiversity, Waterways and Wetlands Overlay Map as a Riparian Buffer Area or an Area of Biodiversity Significance, reflective of Middle Creek, associated steams and the mature vegetation. Further, the Agricultural Land Overlay Map land identifies any land not subject to the Biodiversity, Waterways and Wetlands Overlay Map as Agricultural Land Conservation Area. The Bushfire Hazard Overlay Map depicts the entire site as high Potential Bushfire Intensity, Medium Potential Bushfire Intensity or Potential Impact Buffer, whilst The Regional infrastructure Overlay Map highlights the site is within the Water Resource Catchment Area.
An existing 5.9m x 7.6m cabin is located approximately 45 metres south of Middle Creek and within a Riparian Buffer Area. Access to the proposed dwelling house site is provided via an existing driveway that connects with Black Mountain Road to the south.
Figures 6, 7, 8, 9 and 10 showcase overlays associated with the subject site.

Figure 6 – Biodiversity, Waterways and Wetlands Overlay – Area of Biodiversity Significance

Figure 7 – Biodiversity, Waterways and Wetlands Overlay – Waterways & Riparian Buffer Area

Figure 8 – Agricultural Land Overlay

Figure 9 – Agricultural Land Overlay

Figure 10 – Regional Infrastructure Overlay map – Water Resource Catchment
Surrounding Land Uses
The subject site is located in a rural setting and borders Federal to the north and Black Mountain Road to the south. The surrounding land uses of the subject site include similar sized blocks comprising dwelling houses, secondary dwellings and sheds. The property is located 5.6km west of the Cooroy District Centre and 6km north-west of the Bruce Highway entrance

Figure 11 – Surrounding Land Zones
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 Zone Code; and
Low Density Housing Code,
The subject site is located in Black Mountain 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 metres	2 storeys max 9 metres	1 storeys 6.704 metres	
Gross floor area	500m² max	160m²	
Boundary setbacks Frontage Side (west) Side (east) Rear	10 metres min 10 metres min 10 metres min 10 metres min	>200 metres 17.763 metres 175 metres 650 metres	
Carparking	2 covered min	2 covered	
Proximity to Agricultural Land Conservation Area (ALCA)
Acceptable Outcome AO2.4 of the Rural Zone Code seeks that no sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlay Map.
Acceptable Outcome AO8.5 requires that 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 Conservation Area.
The subject site is setback a minimum of approximately 10 metres from the western property boundary, of which adjoins land mapped Agricultural Land Conservation Area on the neighbouring property, of which is approximately 28 hectares in size. Hence, the proposed dwelling does not comply with Acceptable Outcome AO2.4 or AO8.5 of the Rural Zone Code.
The corresponding Performance Outcome PO2 seeks that development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area. Further, Performance Outcome PO8 of the Rural Zone Code requires that buildings and other structures are appropriately sited and designed to:
Avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
Avoid adverse impact on ecologically important area including National Parks, watercourses, and wetlands;
Mitigate risks associated with the use of chemicals or air pollutants; and
Avoid conflict with rural uses and activities on adjoining properties.
It is noted that the topography and Overlays (refer to figures 7 – 10) associated with the subject site constrain possible development locations. The proposed dwelling house is to be located on an area clear of vegetation (refer to figures 12 & 13) and outside of land identified as a riparian buffer area or an area of biodiversity significance by the Biodiversity, Waterways and Wetlands Overlay Map. The Bushfire Hazard Overlay Map indicates the location of the proposed house is within a potential bushfire hazard area. The Agricultural Land Overlay Map and Regional Infrastructure Overlay Map specify the proposed dwelling house location is on Agricultural Land Conservation Area and a Water Resource Catchment.
Moreover, the building footprint of the proposed dwelling house is approximately 332m2, whilst a spatial analysis of land described as Agricultural Land Conservation Area by the Agricultural Land Overlay Map highlights approximately 6 hectares are situated on the subject site. As such, it is considered that the proposed dwelling house will not result in the loss or diminish the productive capacity of the Agricultural Land Conservation Area and therefore complies with Performance Outcome PO2 of the Rural Zone Code.
The applicant proposes the dwelling house on an already cleared section of land and located away from ecologically important areas in order to avoid impacts on Waterways, Riparian Buffer Areas and Areas of Biodiversity Significance. The proposed dwelling house is to be located approximately 160 metres to the north of the existing dwelling on the neighbouring property. As such, the proposed dwelling house complies with Performance Outcome PO8 of the Rural Zone Code.

Figure 12 – Proposed Site Location

Figure 13 – Proposed Site Location
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU21/0080 for a Material Change of Use - Dwelling house situated at 400 Black Mountain Rd Black Mountain Qld 4563 and described as Lot 90 SP 158854, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0080
Street address:	400 Black Mountain Rd Black Mountain Qld 4563
Real property description:	Lot 90 SP 158854
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for / Preliminary Approval 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.	Issue	Plan/Document Name	Date
A103	A06	Proposed Site Plan, prepared by Collins Building Designs	22.04.2021
A104	A06	Proposed Floor Plan, prepared by Collins Building Design	22.04.2021
A201	A06	Proposed North & East Elevations, prepared by Collins Building Design	22.04.2021
A202	A06	Proposed South & West Elevations, prepared by Collins Building Design	22.04.2021
A301	A06	Proposed Building Cross Sections S1 & S2, prepared by Collins Building Design	22.04.2021
A302	A06	Proposed Building Cross Sections S1 & S2, prepared by Collins Building Design	22.04.2021
Currency Period
This development approval lapses if the use has not happened by XX June 2027, unless an application to extend the currency period is approved by Council.
Earthworks
Any earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
A separate water supply for fire fighting purposes must be provided for the premises, which must  include:
an accessible dam, swimming pool or water tank with an onsite water volume of not less than 5,000 litres; and
a water supply outlet pipe 50 millimetres in diameter fitted with a standard fire brigade fitting connected to the water supply (other than where the water supply is in a swimming pool or dam).
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Vegetation
Existing vegetation on the site and in the road reserve must be retained unless written authorisation from Council is granted for the clearing.
Trees onsite are to be retained and must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Nature and Extent of Use
The Dwelling house, including the secondary dwelling, must be used in accordance with the Dwelling house definition under the Noosa Plan 2020.
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:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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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