Delegated Report - Code - Planning MCU21 0118

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0118
Applicant	Christine Verna Winkle
Proposal	Material Change of Use - Dwelling house
Properly Made Date	16 July 2021
Information Request Date	13 August 2021
Information Response Date	31 August 2021
Decision Due Date	8 October 2021
Report Completed Date	23 September 2021
Report Reviewed By	Lisa Pienaar – 23 September 2021

PROPERTY DETAILS
Property Address	1383 Greenridge Pinbarren Rd Pinbarren Qld 4568
RP Description	Lot 402 P 4111
Land Area	2023m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Area of Biodiversity Significance
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The proposed dwelling is a 100m2 relocatable home. The relocatable home includes a living area, kitchen, sunroom, bathroom, 2 bedrooms, entry and 2 decks on the north and south sides of the dwelling. The proposal requires an application due to the following to the reasons:
The applicant proposes to remove 4 x Red Bloodwood (Corymbia gummiferain) in an area identified as biodiversity significance on the Biodiversity, Waterways and Wetlands Map;
The dwelling house is to be located 2.1 metres from the eastern side boundary in lieu of the 6 metres required in the Rural Zone;
The proposal is located 100 metres from an Agricultural Land Conservation Area (ALCA), instead of the 200 metres required in the Rural Zone.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Area of Biodiversity Significance – Biodiversity, Waterways and Wetlands Overlay

Figure 3 – Location Plan

Figure 4 – Site Plan

Figure 5 – Elevations

Figure 6 – Elevations
site details
Site Description
The subject site is 2021.47m2 in size and is rectangular in shape with a 20.10 metre frontage to Greenridge Pinbarren Road. The subject site falls from the northern rear boundary towards the property frontage at an approximate gradient of 8%. The main natural characteristic of the subject site is the dense and mature vegetation which is prominent throughout the property. With exception of the area around the existing shed, the entire site is mapped as an Area of Biodiversity Significance by the Biodiversity, Waterways and Wetlands Overlay Map.
Surrounding Land Uses
The properties to the immediate east, south and west exhibit a similar sized and shaped block to the subject site and contain dwelling houses and sheds. Larger rural properties with dwellings surround and rural residential pocket for which the subject site is found.
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;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Pinbarren 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	2/3 storeys max 8/9 metres	2 storeys 8.2 metres	
Site cover	30% max	8.1%	
Gross floor area	500m² max	100m²	
Boundary setbacks Frontage Side (east) Side (west) Rear	10 metres min 6 metres min 6 metres min 6 metres min	17.1 metres 2.1 metres 6.5 metres 64.2 metres	X
Length of wall	15 metres max	9.2 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	15 degrees 600mm to >75%	
Carparking	2 covered min	2 covered	

Setbacks
Side Setback
The proposed dwelling house is located 2.43 from the eastern side boundary in lieu of the 6m required by Acceptable Outcome AO8.4 of the Rural Zone Code. As such, the proposal is assessed against Performance Outcome PO8.
Performance Outcome PO8
Notwithstanding that intensive rural activities may need greater separation distances, 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 areas 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.
As per figures 3 and 5, the subject site is located on a site with a frontage of 20.10 metres and exhibits a width of between 19.6 and 20.4 metres. Thus, the dwelling house would not comply with the 6 metre side setback requirements anywhere on the site. Figure 7 illustrates the adjoining properties which exhibit a similar shaped block are setback between 0.8 and 2 metres to the eastern side boundary and 0.5 metres and 2.5 metres to the western side boundary. The proposed setbacks are consistent with other properties in the street and the dense and mature vegetation on each of the properties acts as screening vegetation and mitigates the opportunity for overlooking. Moreover, the dwelling house is located to preserve the greatest amount of vegetation possible. It is therefore considered that the proposal complies with Performance Outcome PO8 of the Rural Zone Code.

Figure 7 – Setbacks of adjoining properties

Agricultural Land
Acceptable Outcome AO2.4 of the Rural Zone Code seeks that no sensitive land use is established closer than 200 metres from Agricultural Land Conservation Area (ALCA). In this instance the dwelling is setback approximately 95 metres from ALCA. The subject lot is narrow for a rural lot and while the dwelling could be moved further away from ALCA, this would mean the house could not be sited on this lot. As per Figure 8, the neighbouring ALCA is identified as being open space and dwelling house and therefore unlikely to be used for agricultural purposes. The neighbouring land is used for rural lifestyle purposes and not agricultural pursuits.  Therefore, it is unlikely that the proposed location of the dwelling will have any diminishing impact the designated ALCA as the land is not current used for productive purposes. . As such, the proposal complies with Performance Outcome PO2 of the Rural Zone Code.

Figure 8 – Approximate distance between ALCA and the proposed dwelling house site
Biodiversity
The applicant proposes to remove 4 trees and located the dwelling house on land identified as an area of biodiversity significance on the Biodiversity, Waterways and Wetlands Overlay Map and therefore does not comply with Acceptable Outcomes AO1.1. AO1.2 and AO1.3 of the Biodiversity, Waterways and Wetlands Overlay Code. As such, the proposal is assessed against Performance Outcome PO1.
Performance Outcome PO1
Development is sited and designed to protect the physical and ecological integrity and biodiversity of ecologically important areas through protection of:
existing habitat areas and ecological linkages; and
existing riparian vegetation, waterways and wetland habitat values.
As per Figure 2, almost the entire subject site is identified as an area of significant vegetation by the Biodiversity, Waterways and Wetlands Overlay Map. The 4 Red Bloodwood (Corymbia gummifera) to be removed are located as shown in Figures 3 and 4. The Red Bloodwood, are defined as being a Secondary Character Species in the Woodland/Open Forest Area Species list, stated in Planning Scheme Policy 2 – Landscaping.
Given the site is fully vegetated with various species including other Red Bloodwoods, and these are being retained, it is considered the proposal complies with the Performance Outcomes of the Code as the structure is sited within the section of the lot which will require the least amount of clearing on site, and the footprint is minimising the clearing of vegetation.
Conditions are included in the approval that require a spotter catcher to oversee the clearing of the trees.
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 MCU21/0118 for a Material Change of Use - Dwelling house, situated at 1383 Greenridge Pinbarren Rd Pinbarren Qld 4568 and described as Lot 402 P 4111, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0118
Street address:	1383 Greenridge Pinbarren Rd Pinbarren Qld 4568
Real property description:	Lot 402 P 4111
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
A-02	E	Location Plan, prepared by EVOKE Architects	17.08.2021
A-03	E	Site Plan, prepared by EVOKE Architects	17.08.2021
A-05	E	Proposed Ground Floor Plan, prepared by EVOKE Architects	17.08.2021
A-06	E	Proposed Roof Plan, prepared by EVOKE Architects	17.08.2021
A-07	E	Proposed Elevations 1, prepared by EVOKE Architects	17.08.2021
A-08	E	Proposed Elevations 1, prepared by EVOKE Architects	17.08.2021
A-09	E	Sections, prepared by EVOKE Architects	17.08.2021
Building Height
The maximum height of the development must not exceed 8 metres above ground level, except for the pitch of the roof, which may be a maximum of 9 metres above ground level.
Currency Period
This development approval lapses if the use has not happened by 23 September 2027, unless an application to extend the currency period is approved by Council.
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 pre-start meeting. 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.
Vegetation Clearing
Council must be contacted at least 5 working days prior to the arrival of the relocatable home to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties and aspects of the works:
Clearing of vegetation;
All vegetation to be removed must be clearly marked.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling house. In this regard, the removal of vegetation must be in accordance with Figure 3: Site Location Plan.
Fauna or fauna habitat relating to approved clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal and management must:
Retain old growth tree hollows and suitably relocate and distribute for fauna elsewhere on the site.
Lawful disposal of vegetative material.
Allow for existing ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion.
Existing vegetation in the road reserve must be retained unless written authorisation from Council is granted for the clearing.
Trees to be retained 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.
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:
PLANNING
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 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.
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
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
Qualified Person
A Qualified Person for the purpose of managing Fauna protection is considered to be a certified Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
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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