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planning report pinbarren

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         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)




                                                Page 1 of 9
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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.




                                                                                                                                            Page 2 of 9

Page 3

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




                                                                                 Page 3 of 9

Page 4

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




                                                                                         Page 4 of 9

Page 5

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)




                                                                                       Page 5 of 9

Page 6

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.




                                                                                             Page 6 of 9

Page 7

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.




                                                                                            Page 7 of 9

Page 8

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.




                                                                                              Page 8 of 9

Page 9

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.




                                                                                                                  Page 9 of 9

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