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planning report kin kin osco · MCU26/0097

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             Development Application
                 Planning Report


Development Permit for Caretaker’s Accommodation and Building
         Works for shed within Riparian Buffer Area
        situated at 921 Pomona Kin Kin Rd, KIN KIN
                      (Lot 112 MCH118)




                                                       Page 1 of 8
Full text of the other 7 pages

Page 2

Contents
Summary ...................................................................................................................................... 3
   1.1       Development application details ................................................................................................ 3
   1.2       Planning instrument details ....................................................................................................... 3
2.0       Site details ......................................................................................................................... 4
   2.1       Site description .......................................................................................................................... 4
   2.2       Surrounding land uses ................................................................................................................ 4
3.0       Proposed development details .......................................................................................... 5
4.0       Planning assessment .......................................................................................................... 6
   4.1       Setback ...................................................................................................................................... 6
   4.3       Riparian Buffer Area................................................................................................................... 7
5.0       State assessment and other matters .................................................................................. 7
   5.1    State interests ............................................................................................................................ 7
     5.1.1 Matters established in the Planning Regulation .............................................................................. 7
     5.1.2 State Planning Policy ........................................................................................................................ 7
6.0       Conclusion ......................................................................................................................... 8




Client Name: Joost Van Os
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO RPIA MQELA
Version:              1
Date:                 2 October 2026




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.


Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




                                                                                                                                             Page 2 of 8

Page 3

Summary

1.1 Development application details
 Proposed development:        Development Permit for Material Change of Use for
                              Caretaker’s Accommodation
                              Development Permit for Building Works (Shed) in Riparian
                              Buffer Area
 Site address:                921 Pomona Kin Kin Rd, KIN KIN
 Real property description:   Lot 112 on MCH118
 Site area:                   64.5 hectares
 Owner details:               J Van Os & M Van Elderen
 Applicant details:           J Van Os & M Van Elderen c/ Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:       State Planning Policy
 Regional plan:               SEQ Regional Plan 2017
 Designation:                 Regional Landscape and Rural Production
 Planning scheme:             The Noosa Plan 2020 (v.3 – 20 March 2026)
 Zone:                        Rural Zone
 Level of assessment:         Code
 Applicable overlays:         Agricultural Land Conservation Area
                              Biodiversity – Environmental Protection and Riparian Buffer
                              Bushfire Hazard Overlay
                              Flood Hazard
                              Landslide Hazard
 Applicable codes:            Rural Zone Code
                              Caretaker’s     Accommodation     and    Rural      Workers'
                              Accommodation Dwelling Unit Code
                              Works Code
                              Biodiversity, Waterways and Wetlands Overlay
                              Bushfire Hazard Overlay
                              Flood Hazard Overlay
                              Landslide Hazard Overlay
 State Referrals:             SARA – DTMR for development on property adjoining State
                              Controlled Road.




                                                                                   Page 3 of 8

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                                           Description

 Existing land use               Dwelling & ancillary shed structures.


 Access                          Existing access from Pomona Kin Kin Rd including a bridge over the creek.

                                 There is a central ridge extending south to north through the site, with the western side timbered and
 Topography and views
                                 the eastern side including the farm and associated buildings.

 Easements                       Nil




                             Figure 1: Site Aerial Identification Plan Source: Nearmap




             Figure 2: Terrain and contour plan Source: Noosa Council Mapping System and Nearmap
2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

          North         35 Western Branch Rd - (35ha rural zone) - house and sheds


          West          Turnbull Rd (43ha rural zone) – vacant pastoral land


          South         829 & 885 Pomona Kin Kin Rd (36ha & 8 ha rural zone) – house, sheds and dams


          East          906-960 Pomona Kin Kin Rd (~4ha rural zoned lots) – houses and sheds




                                                                                                                       Page 4 of 8

Page 5

3.0 Proposed development details
The application proposes a caretaker’s dwelling and sheds on the 64.5ha site with the following
details:

Caretaker’s Residence:
• 2 bedroom caretaker’s residence;
• Located on the knoll above the existing house; and
• The residence is accessible via an existing farm track.




                Figure 3: Proposed caretaker’s residence location and site plans


New Farm Sheds:
• 2 new farm sheds located along the entrance road;
• Shed 1 is 10m x 25m (250m2) and located near the existing house;
• Shed 2 is 12m x 30m (360m2) and setback 28m from Pomona Kin Kin Rd; and
• Shed 2 is located entirely within the riparian buffer area.




            Figure 4: Proposed shed location with biodiversity overlay and elevations




                                                                                        Page 5 of 8

Page 6

4.0 Planning assessment
An assessment against the relevant provisions is provided as Appendix A with further assessment
regarding the Performance Outcomes provided thereafter.
   •   Rural Zone Code
   •   Caretaker’s Accommodation and Rural Workers' Accommodation Dwelling Unit Code
   •   Works Code
   •   Biodiversity, Waterways and Wetlands Overlay
   •   Bushfire Hazard Overlay
   •   Flood Hazard Overlay
   •   Landslide Hazard Overlay


4.1 Setback
AO8.3 of the Rural Zone Code seeks for buildings associated with a rural activity are setback 40m
from any part of the major road network. Shed 2 includes a 28m setback from Pomona Kin Kin Rd.
Pomona Kin Kin Rd is a a Distributor Road on the Major Road Network. The road is also a State
Controlled Road with referral to SARA.
The associated Performance Outcome seeks for buildings to avoid conflict with rural uses and
activities on adjoining properties. The proposed shed is to be used for the agricultural use and
located more than 45m from the road alignment, as shown below. The road reserve includes large
eucalypts adjoining the road and will screen any perceived visual built form impacts from the shed.
The shed can also be conditioned to be finished in recessive colours and match in with structures
along this road between Pomona and Kin Kin, consistent with the relevant Performance Outcomes.




           Figure 5: Approximate location of shed and setbacks to Pomona Kin Kin Rd




                                                                                         Page 6 of 8

Page 7

             Figure 6: Shed location looking west from Pomona Kin Kin Rd entrance


 4.3 Riparian Buffer Area

The shed is located entirely in a mapped riparian buffer area and more than 50m from the existing
drainage line extending through the site. Appropriate conditions may be included for additional tube
stock planting along the creek to maintain bank stability utilising appropriate tube stock species.


5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.




                                                                                          Page 7 of 8

Page 8

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for a caretakers
accommodation and sheds within the riparian buffer area situated at 921 Pomona Kin Kin Rd, Kin
Kin. The proposed development is code assessable and meets the relevant Acceptable and
Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.




                                                                                                                      Page 8 of 8

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