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planning report pinbarren
Development Application
Planning Report
Material Change of Use for
Nature Based Tourism (3 units)
situated at 328 Upper Pinbarren Creek Rd, Pinbarren
(Lot 3/RP851976)
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
3.0 Proposed development details .......................................................................................... 5
4.0 Planning assessment .......................................................................................................... 6
4.1 Compliance with Key Technical Provisions .................................................................................6
4.2 Agricultural Land Conservation Area ..........................................................................................6
4.3 Steep Land and Landslide Hazard Overlay Code..........................................................................7
4.4 Vehicular Access ........................................................................................................................8
4.5 Services ......................................................................................................................................8
4.6 Bushfire Hazard Assessment ......................................................................................................8
5.0 State assessment and other matters .................................................................................. 9
5.1 State interests ............................................................................................................................9
5.1.1 Matters established in the Planning Regulation .............................................................................. 9
5.1.2 State Planning Policy ........................................................................................................................ 9
6.0 Conclusion ........................................................................................................................ 9
Client Name: Viki Dioszegi
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version: 1
Date: 20 August 2020
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.
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1.0 Summary
1.1 Development application details
Proposed development: Nature Based Tourism (3 units)
Type of approval sought: Development Permit for Material Change of Use
Site address: 328 Upper Pinbarren Creek Rd, Pinbarren
Real property description: 3/RP851976
Site area: 25.6ha
Assessment manager: Noosa Council
Owner details: Viki Dioszegi
Applicant details: Viki Dioszegi c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy July 2017
Regional plan: SEQ Regional Plan 2009–2031 (version commenced 2 May
Designation: 2014), Regional Landscape and Rural Production designation.
Planning scheme: The Noosa Plan 2020
Zone: Rural zone
Level of assessment: Code
Applicable overlays: Bushfire Hazard Overlay
Landslide Hazard Overlay
Agricultural Land Conservation Overlay
*(New development located outside of Riparian Buffer Area)
Applicable codes: Rural Zone Code
Visitor Accommodation Code
Works Codes
Bushfire Hazard Overlay Code
Landslide Hazard Overlay Code
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Detached House, Ancillary Dwelling Unit, Caretakers Residence and Farm
Sheds
Frontage and The site includes 162m of frontage to Upper Pinbarren Creek Rd.
access
Access is across a small bridge which has been certified by an RPEQ for truck
access up to 7.5 tonnes and speed limit of 10km/hr (see Appendix 1).
Topography and The site slopes from the north to the south towards the intermittent waterway
views along the frontage of the site.
Existing vegetation The site includes large and diverse areas of vegetation types including
plantation timbered areas, vine forests and tall open forest types.
Existing waterways The site includes three existing dams extending from north to south across the
property.
Figure 1: Aerial view and site identification
Source: DA Mapping System
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2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North 43ha dairy farm (Turnbull Rd, Kin Kin)
South 31ha dairy farm (350 Upper Pinbarren Creek Rd)
East 7.6ha Rural Residential use property (326 Upper Pinbarren Creek Rd)
West 29ha dairy farm (405 Upper Pinbarren Creek Rd)
3.0 Proposed development details
Table 3: Summary of development aspects
Material change of use
Building height 6.5m (Mango Cabin)
Gross floor area (GFA) 2 x 60m2 cabins and
1 x 65m2 cabin
Total = 185m2
Car parking 1 carspace per cabin
Site access Upper Pinbarren Creek Rd
Proposed servicing arrangements Electricity and telecommunication = Existing
above ground supply.
Water = Water tank storage
Sewerage = Effluent Disposal System (AES)
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4.0 Planning assessment
4.1 Compliance with Key Technical Provisions
The proposed nature based tourism cabins meet the relevant key technical provisions of the Rural
and Visitor Accommodation codes, as described below.
Criteria The Noosa Plan Proposal Compliance
Site Details 328 Upper Pinbarren Creek Rd, Pinbarren 25.6ha
Height 8m and 2 storeys 6.5m Y
GFA <500m2 211m2 Y
Buildings Individual cabins no greater 65m2 Y
than 65m2
Density 1 cabin per Ha 3 per 25ha Y
Setbacks Frontage (10m) 220m Y
Sides and rear (10m)
- west - 40m Y
- east - 120m Y
- north - 170m Y
- south - 90m Y
Location Minimum 4ha site 25.6ha Y
Nature Based Within 1km of an The site is located on the Y
Tourism environmental feature or the Noosa Trail Network
Noosa Trail Network. (Trail 8 & 5)
The visitor accommodation units are small scale and a low density, which is compatible with the
rural activities and does not detract from the rural amenity of adjoining properties. The location of
the cabins results in the uses having an indelible connection to the rural values of the site.
4.2 Agricultural Land Conservation Area
PO5 of the Rural Zone Code requires uses such as nature-based tourism, outdoor education,
environment facilities and outdoor sport and recreation may be appropriate where:
…
(d) they are not located on Agricultural Land Conservation Area as shown on the Agricultural
Land Overlap Maps in schedule 2 or are temporary in nature so as not to compromise
agricultural uses in the future;
The proposed cabins are mapped on the edge of the Agricultural Land Conservation Area Overlay
mapping, as indicated in red below.
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Figure 2: The Noosa Plan Agricultural Land Conservation Area Overlay Mapping
Source: DA Mapping System
The Rural zone code seeks for new development to be compatible with existing agricultural activities.
The site is currently being used for some cattle grazing, horse agistment and a small home-based
business providing veterinary services. The proposed cabin development adaptively reuses existing
rural shed buildings currently being used for farm storage and the home-based business, as well as
building a new cabin on marginal steeper farmland. The owner’s want to continue to operate the
rural uses alongside the nature-based tourism offering.
The adjoining property to the west includes mapped areas of agricultural land conservation area,
which is 50m from the proposed cabins (AO8.5 seeks for 200m setback). AO1.1 (e) of the Visitor
Accommodation Code also seeks for visitor accommodation to be located more than 100m from
agricultural operations on adjoining premises.
The adjoining property is currently being used to graze dairy cows. Although the cabins are
considered a sensitive land use the development does not diminish the productive capability of the
Agricultural Land Conservation Area. The buildings are appropriately sited to avoid conflict with rural
use activities on adjoining properties, consistent with the relevant Performance Outcomes and
Overall Outcomes of The Rural Zone and Visitor Accommodation Codes.
4.3 Steep Land and Landslide Hazard Overlay Code
PO15 of the Rural zone code seeks for buildings are not constructed on land with a slope >25%.
The slope stability report (included as Appendix 3) identifies the site as containing a slope of 25.12%
through the east-west section of the Mango house.
The proposed buildings include construction materials and colour palettes that respond to the
textures and colours of the surrounding landscapes to allow the buildings to blend and not stand out
in their natural surroundings. The supporting slope stability report also considers the hazard risk as
low, with recommendations for stormwater management and buildings to be constructed in
accordance with AS2870 and AS4678. As a result, the proposal meets the relevant Performance
Outcomes of the Steep Land and Landslide Hazard Overlay Code.
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4.4 Vehicular Access
The Noosa Plan seeks for new development provide for safe vehicular access to and from
the site without adversely impacting on the safety of the road network. The site is accessible via
Upper Pinbarren Creek Rd, which is a good standard gravel road.
The application is supported by an existing road report and bridge report (Appendix 2), which
includes recommendations for the limited use of the bridge by heavy vehicles and upgrade to the
existing roads. The proposed nature-based tourism use is limited to 3 x 1-bedroom units (maximum
of 6 people), with each of the couples expected to arrive in a car. The report recommends some
upgrades to the existing access to the Mango Tree Cottage, which will be undertaken at the same
time as the construction of the cottage.
A condition could be imposed to limit the access to the site in accordance with the bridge report and
access recommendations.
4.5 Services
The development is to be serviced with an onsite effluent treatment & disposal system and water
tanks for drinking water supply (>75% harvesting). An effluent disposal report is included as
Appendix 5.
Electricity is also to be provided via the existing onsite network of above ground poles and existing
PV onsite. All new roof areas are to include PV, to ensure The Noosa Plan’s 33% requirement for
alternative energy is achieved.
The existing house, caretakers dwelling and secondary dwelling is currently serviced with domestic
waste service bins. The proposed cabins will have a dedicated waste and recycle bins which will be
taken to the service pickup along Upper Pinbarren Creek Rd. The bins will be managed by the
owners and/or caretakers of the site.
4.6 Bushfire Hazard Assessment
Rob Friend & Associates have undertaken a Bushfire Hazard Assessment Report (Appendix 6). The
report concludes the site and surrounding area presents a low bushfire hazard and as such the
proposed MCU application does not require a response to the Bushfire Overlay Code.
However, as the property is within a rural landscape and vegetation fires, albeit grass fires, will occur
from time to time, the implementation of a property based Fire Management Plan is essential to
ensure a number of actions and strategies are established to protect life, property and the land
ecological values should a fire threaten the land. Recommendations are included pertaining to track
and firebreaks, water availability, signage, building and structure protection areas.
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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.
6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Nature Based Tourism
(3 x 1-bedroom units) within the Rural zone at 328 Upper Pinbarren Creek Rd, Pinbarren.
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 (Noosa Plan 2006);
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 against the relevant provisions of the applicable codes and finds the development
meets the relevant Acceptable and Performance Outcomes. The Assessment Manager’s favourable
consideration of the above development application is therefore recommended.
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