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Project BA
PO Box 45 Noosaville 4566
(07) 5451 8784
[email protected]

11.01.2021

Noosa Council
[email protected]

RE: Dwelling – Code Assessable Material Change of Use application

Please find attached Material Change of Use development application for the proposed dwelling
at 297 Lawnville Rd, Black Mountain.

Attached documents:
   -   DA Form 1
   -   DA Form 2
   -   Planning report
   -   Architectural Plans
   -   Owners Consent
   -   Effluent Disposal Report
   -   Bushfire Management Report
   -   Contour survey

There are no identified referral agencies for this application.




Regards,

Daniel Eichhorn
Project BA
(07) 5451 8784 - 0457001149
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Page 2

CONTENTS

1. SUMMARY
     1.1 SUMMARY                                     PAGE 3

2. SITE AND SURROUNDING AREA                         PAGE 4
     2.1 ZONE DESIGNATION                            PAGE 4
     2.2 SURROUNDING LAND USES                       PAGE 5
     2.3 CURRENT REGIESTERED LANDOWNER               PAGE 5
     2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY   PAGE 5
     2.5 ACCESS AND SERVICES                         PAGE 5

3. PROPOSED DEVELOPMENT                              PAGE 6
     3.1 PROPOSED                                    PAGE 6

4. LOCAL PLANNING MATTERS                            PAGE 7
     4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK   PAGE 7
     4.2 OVERLAYS                                    PAGE 7
     4.3 RURAL ZONE CODE                             PAGE 8
     4.4 LOW DENSITY HOUSING CODE                    PAGE 19




6. CONCLUSION                                        PAGE 27




                                                       2|Page

Page 3

1. SUMMARY

SITE DETAILS
ADDRESSS                          297 Lawnville Road, Black Mountain, QLD
                                  4563
REAL PROPERTY DESCRIPTION         Lot 4 on SP103522
SUBJECT LAND AREAS                124,800m2
LOCAL AUTHORITY                   Noosa Council
CURRENT REGISTERED LAND OWNER     Scott Derek Passey
SOUTH EAST QUEENSLAND REGIONAL PLAN DESIGNATION
SPP LAND USE CATEGORY             Regional Landscape and Rural Production
                                  Area
PLANNING SCHEME DESIGNATIONS
ZONING                            Rural Zone
APPLICANT DETAILS
APPLICANT                         Stroud Homes C/- Project BA
PROPOSAL                          Dwelling House – New Dwelling
TYPE OF DEVELOPMENT               Material Change of Use
LEVEL OF ASSESSMENT               Code Assessable




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Page 4

2. SITE AND SURROUNDING AREA
2.1 ZONE DESIGNATION
The land is located within the ‘Regional Landscape and Rural Production Area’ regional land use category
as mapped on the SPP mapping.




The land is designated as Rural Zone land on the Noosa Planning Scheme Overlay Maps.




                      \
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Page 5

2.2 SURROUNDING LAND USES
The proposed site is surrounded by land parcels within the same zone and land use category. The
surrounding properties are generally large allotments with expansive Dwelling houses and associated
outbuildings which are surrounded by scattered vegetation.

2.3 CURRENT REGIESTERED LANDOWNER
The current registered landowners of the subject site are Scott Passey.

Landowners consent to make this application is also attached.

2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY, AND IMPROVEMENTS

The site is irregular in shape and comprises an area of 12.48ha, with existing access to 297 Lawnville Rd
via a gravel driveway.

The site is not encumbered by Easements. The allotment does not have access to reticulated water or
sewerage.

The current topography is steeply sloping from South to North with an existing level building pad located
to the Northern end of the allotment. The proposed dwelling is located outside of the landslide hazard
overlay as prescribed by the Noosa Planning Scheme Overlay Maps and is located on land not exceeding
15% slope.

The improvements to the land, including the proposed dwelling, include:
   - Proposed Dwelling
   - Existing Shed (domestic outbuilding)
   - Existing gravel driveway and road access to Lawnville Road.


2.5 ACCESS AND SERVICES

The site currently has a single existing access point to Lawnville Road. The proposed Dwelling House
use utilise the existing access point and does not require any changes to the existing crossover or new
crossovers.

The site has no access to reticulated water, sewerage, or stormwater. The site will use a effluent disposal
system for treatment of wastewater, water tanks for potable water supply and disposes of stormwater
overland to mimic overland flow conditions.




                                                                                              5|Page

Page 6

3. PROPOSED DEVELOPMENT

3.1 PROPOSAL

The application seeks to establish a new dwelling on the property for use as a Dwelling House.

The planning scheme defines a Dwelling House use as:

        Detached house means a residential use of premises involving:
        a. One dwelling for a single household and any domestic outbuildings associated with the
           dwelling; or
        b. One dwelling for a single household, a secondary dwelling and any domestic outbuildings
           associated with either dwelling.


The proposed dwelling is located within 200m from land on an adjacent property included in the Rural Zone
and mapped as Agricultural land Conservation Area and therefore, requires code assessment. The
proposed dwelling will be occupied as a single household as per the NSC planning scheme definitions.




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Page 7

4. LOCAL PLANNING MATTERS

4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK
The proposed development includes a material change of use requiring code assessment
against the Noosa Plan 2020.

The following codes are applicable:
   -   Rural Zone Code
   -   Low Density Housing Code


4.2 OVERLAYS
The subject site is burdened by the following overlays, as identified by the overlay maps of the
Noosa Plan:

   -   Agricultural Land Overlay

       The Noosa Plan does not include an Agricultural Land overlay code. The relevant corresponding
       performance criteria are located within the Rural Zone Code (PO2 & PO8). There is no change to
       the level of assessment.

   -   Bushfire Hazard Overlay

       Part 5.9 of the Noosa Plan does not include the Bushfire overlay code as an assessment
       benchmark for a Dwelling house use. The relevant corresponding performance criteria are
       located within the Low Density Housing Code (PO15). There is no change to the level of
       assessment.

   -   Biodiversity, Waterways and Welands Overlay

       The proposed dwelling footprint is located outside of the Biodiversity, Waterways and Welands
       overlay and therefore the overlay code is not an assessment benchmark. There is no change to
       the level of assessment. .

   -   Landslide Hazard Overlay

       Part 5.9 of the Noosa Plan does not include the Landslide Hazard overlay code as an
       assessment benchmark for a Dwelling house use. The relevant corresponding performance
       criteria are located within the Low Density Housing Code (PO22). There is no change to the level
       of assessment.




                                                                                           7|Page

Page 8

4.3 RURAL ZONE CODE
Compliance with acceptable outcomes:

 Performance Outcomes               Acceptable Outcomes
 Role and function
 PO1 Land uses in the Rural                No    acceptable      outcomes     N/A
        zone are limited to those          provided
        which are compatible with
        agriculture and the
        protection of environmental
        and landscape values.


 PO2   Development does             AO2.1   Development that is                N/A
                                            incompatible with agricultural
       not result in the loss
                                            activities is not located on
       or diminished                        Agricultural Land Conservation
       productive capacity of               Area and an adequate
       Agricultural Land                    separation area between the
                                            development and the
       Conservation Area.
                                            Agricultural Land Conservation
                                            Area is provided.
        (a)     Editor’s   Note—
              Agricultural  Land
              Conservation Areas
              are shown on the
              Agricultural  Land
              Overlay Maps in       AO2.2   Where there is an overriding   N/A
              Schedule 2                    need for incompatible
                                            development to be located on
                                            Agricultural Land Conservation
                                            Area, the development does not
                                            have an irreversible impact on
                                            the productive capacity of
                                            Agricultural Land Conservation
                                            Area.

                                            Editor’s Notes—
                                            An irreversible impact on
                                            agricultural land includes a
                                            permanent reduction or decline
                                            in the agricultural land,
                                            notwithstanding that the land
                                            may be used for agriculture
                                            post- development, e.g. land
                                            that could support crops pre-
                                            development that can only be
                                            used for improved pasture post-
                                            development.
                                            Aquaculture is specifically
                                            permissible on Agricultural
                                            Land Conservation Area.

                                   AO2.3    Where located in the
                                                                              N/A
                                            Agricultural Land
                                            Conservation Area
                                            accommodation is of a
                                            temporary or semi-permanent
                                            nature (such as tents, yurts,

                                                                                     8|Page

Page 9

                                        relocatable dwellings or
                                        recreational vehicles) or it
                                        adaptively reuses
                                        well-established rural
                                        buildings.

                                        No sensitive land use is           Performance Solution:
                                        established closer than 200
                             AO2.4
                                        metres from land on an             The proposed dwelling has been
                                        adjacent property included in      sited approximately 100m from the
                                                                           adjacent property included in the
                                        the Rural zone and mapped
                                                                           Rural Zone and mapped as
                                        as Agricultural Land               Agricultural Land Conservation
                                        Conservation Area as shown         Area and therefore does not
                                        in Agricultural Land Overlap       comply with AO2.4 of the Rural
                                        Maps in schedule 2.                Zone Code.

                                                                           The performance outcome requires
                                                                           development to not result in the loss
                                                                           or diminished productive capacity of
                                                                           the Agricultural Land Conservation
                                                                           Area. The proposed Dwelling
                                                                           House use will be consistent with
                                                                           the surrounding land uses. There
                                                                           are still sufficient existing cleared
                                                                           areas towards the East and South
                                                                           of the lot that are suitable for minor
                                                                           agricultural purposes for the Owner
                                                                           or future owners. The proposed
                                                                           dwelling will not diminish the
                                                                           existing productive capacity of the
                                                                           land.

                                                                       The adjoining property has no
                                                                       evidence of any agricultural uses
                                                                       that would adversely impact the
                                                                       amenity of the occupants of the
                                                                       proposed dwelling.
PO3   With the exception of one AO3.1   Only the occupants of a N/A
      dwelling house,                   dwelling   house,    compliant
      caretaker’s                       caretaker’s residence       or
      accommodation or a                community residence reside
      community residence, any or       on the property for any period
      accommodation activity is         greater than three consecutive
      limited to use by
      short-term guests or              months.
      seasonal workers
      employed in a rural               In addition to residents of the
      activity on the same site AO3.2   dwelling house, up to 10
      or on adjoining premises.         people may reside on the site
                                        for periods of no more than six
                                        consecutive months were they
                                        area:
                                          a. Employed in a rural
                                               activity on the property;
                                               or
                                          b. A spouse or child of a
                                               person employed in a
                                               rural activity on the
                                               property.




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Page 10

PO4    Visitor accommodation:               No     acceptable   outcome    N/A
       A. is at a small scale and           provided
       low density that protects
       the environmental and
       rural values of the land;
       B. is compatible with
       rural activities and
       nature conservation; and
       c. does not detract from
       the rural amenity of
       adjoining properties.




PO5 Uses such as nature-based                           No acceptable     outcome   N/A
    tourism, outdoor education,                         provided
    environment facilities and outdoor
    sport and recreation may be
    appropriate where:
      (a)    they cannot be more
             appropriately located in
             urban areas;
      (b)    they have an indelible
             connection to rural or
             ecological values of
             the site;
      (c)    there is an
             overriding
             community
             benefit of the
             development;
      (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; and
            they do not interfere with
            remnant vegetation or
            ecologically important areas.




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PO6 Extractive industry operations are                 No acceptable        outcome N/A
    limited to designated Key Resource                 provided
    Areas and at other known resources
    deposits where:
     (a) (a) best                  practice
          environmental management
          is met;
     (b) the amenity of residents in
          the vicinity of extractive
          industry operations is
          maintained;
       (c) they do not conflict with
           agricultural operations;
        (d) the safety of rural roads is
            ensured; and
        (e) the visual amenity of the rural
            area as viewed from the major
            road network is protected.
Performance outcomes                          Acceptable Outcomes
Built form
Building height and scale:
PO7 Buildings and other structures:         AO7.1      Buildings are no more than      The proposed dwelling is
                                                       two storeys in height.          a single storey structure
       (a)    are low rise;
                                                                                       and complies with the
      (b)    minimise the appearance                                                   height requirement.
             of bulk to adjacent
             properties, roads or
             other areas in the vicinity
             of the site; and
      (c)    respect the scale of
             surrounding vegetation
             and maximises
             opportunities to retain
             existing vegetation on
             site.
                                              AO7.2   With the exception of Class      The proposed dwelling
                                                      10 buildings or structures       has an apex height of
                                                      used exclusively for a rural     approximately 5.2m and
                                                                                       complies with the height
                                                      activity, buildings and
                                                                                       requirement.
                                                      structures are no more
                                                      than 8 metres in building
                                                      height providing that they
                                                      may be up to 9 metres
                                                      where the pitched roof but
                                                      no other part of the building
                                                      or structure exceeds 8
                                                      metres.



                                                      With the exception of Class
                                              AO7.3                                    The proposed dwelling
                                                      10 buildings or structures       does not exceed 500m2
                                                                                       and therefore complies
                                                      used exclusively for a rural
                                                                                       with the gross floor area
                                                      activity, individual buildings
                                                      or roofed structures do not
                                                      exceed 500m2 gross floor


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                                                         area.

                                           AO7.4         Class 10 buildings used            N/A
                                                         exclusively for the purpose
                                                         of animal husbandry,
                                                         aquaculture, cropping,
                                                         intensive animal industry,
                                                         intensive horticulture or rural
                                                         industry do not exceed 12
                                                         metres in height.


                                           AO7.5         A structure, not
                                                                                            N/A
                                                         constituting a building,
                                                         used exclusively for the
                                                         purpose of animal
                                                         husbandry, aquaculture,
                                                         cropping, intensive animal
                                                         industry, intensive
                                                         horticulture or rural
                                                         industry does not exceed
                                                         15 metres in height.

                                           AO7.6         Where excavation is               N/A
                                                         required, the maximum
                                                         portion of the exposed
                                                         external façade of the
                                                         building cannot exceed
                                                         the respective building
                                                         heights in AO1.1 , AO.2,
                                                         AO7.3, AO7.4 and AO7.5
                                                         above.

Performance Outcomes                Acceptable Outcomes




Setbacks
PO8    Notwithstanding that         AO8.1 Buildings used to house animals,          N/A
       intensive rural activities         temporary holding yards,
       may need greater                   structures containing areas of
                                          animal waste or by-product
       separation distances,
                                          disposal are not within 100
       buildings and other
                                          metres of:
       structures are
       appropriately sited and             (a)     the boundary of properties
                                                   in a residential zone
       designed to:
                                                   including the rural
       (a)    avoid                                residential zone;
              environmental
                                           (b)     a sensitive land use;
              harm or
              nuisance to                  (c)     the boundary of adjoining
              sensitive land                       properties in the
                                                   environmental
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      uses, including                   management and
      adverse impacts                   conservation zone; or
      on amenity                 (d)    a waterway shown on
      values, over and                  the Biodiversity,
      above what                        Waterways and
      could reasonably                  Wetlands Overlay
      be expected in                    maps in schedule 2.
      the rural zone;
(b)   avoid adverse      AO8.2   Buildings or structures which are
      impact on                  used for the storage of chemicals      N/A
      ecologically               or machinery, stockpiling of
      important                  composting or organic fertilisers,
      areas                      or which support artificial lighting
      including
                                 or irrigation sprayers are not
      National
                                 within 100 metres of:
      Parks,
      watercourses,              (a)    the boundary of properties
      and wetlands;                     in a residential zone
                                        including the rural
(c)   mitigate risks                    residential zone;
      associated with
      the use of                 (b)    a sensitive land use;
      chemicals or air           (c)    the boundary of adjoining
      pollutants; and                   properties in the
(d)   avoid conflict                    environmental
      with rural uses                   management and
      and activities                    conservation zone; or
      on adjoining               (d)    a waterway shown on
      properties.                       the Biodiversity,
                                        Waterways and
                                        Wetlands Overlay
                                        maps in schedule 2.

                                 With the exception of a roadside
                         AO8.3
                                 stall, buildings and structures
                                 associated with a rural activity or
                                 industrial activity are set back 20    N/A
                                 metres from a road reserve or 40
                                 metres from any part of the major
                                 road network.

                         AO8.4   In addition to the circumstances of    Complies with setbacks to
                                 AO8.1, to AO8.3 above, buildings       boundaries and located outside
                                 and structures meet the following      of mapped Riparian Buffer area.
                                 minimum boundary setbacks:
                                 (a)    20 metres from a property
                                        boundary of adjoining land
                                        in the Environmental
                                        management and
                                        conservation zone;
                                 (b)    a distance greater than the
                                        width of the riparian buffer
                                        area shown on Biodiversity,
                                        Waterways and Wetland
                                        Overlay maps;
                                 (c)    10 metres from a road
                                        frontage; and
                                 (d)    10 metres from the side

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                                   and rear boundaries or 6
                                   metres where the lot area
                                   does not exceed 1 hectare,
                                   with the exception that if
                                   the height of the building or
                                   structure exceeds 9 metres
                                   the setback to the side and
                                   rear boundaries is equal to
                                   twice its height in metres.




                     AO8.5   On properties over 2 hectares in      The proposed dwelling has
                             area, a distance of not less than     been sited approximately 100m
                             200 metres is provided between a      from the adjacent property and
                             sensitive land use and land on an     therefore does not comply with
                             adjacent rural zone property over     AO8.5 of the Rural Zone Code.
                             4 hectares in mapped Agricultural
                                                                   Please refer to justification
                             Land Conservation Area.               provided   for PO2/AO2.4.

                                                                   The proposed dwelling house
                                                                   use will not be in conflict with
                                                                   rural uses and activities on
                                                                   adjoining lots which are
                                                                   predominantly        used    for
                                                                   residential activities with the
                                                                   potential for minor grazing
                                                                   which will not adversely impact
                                                                   the amenity of the proposed
                                                                   dwelling.


Safety and amenity




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PO9     Development does not                No acceptable outcome provided         N/A
        result in environmental
        harm or environmental
        nuisance to sensitive
        land uses.




PO10    Development does not         A010   Safe vehicular access is provided to   N/A
        compromise the safety,              and form the site without adversely
        capacity or operation of            impacting on the safety of the road
        the road network.                   network.




Performance outcomes                       Acceptable Outcomes
Environment, heritage and scenic amenity
PO11 Development does not          AO11.1 Development does not result in           N/A
       have a significant                 sediment, soil or other material
       adverse impact on the              including building materials or
                                          waste products being released
       natural values of the
                                          into the road reserve, stormwater
       site including through:            drains, waterways or adjacent
       (a)    loss of biodiversity        properties.
              values, fauna
              habitat and fish
              passage;
        (b)   changes to natural
              drainage;
        (c)   disturbance to any
              wetland systems;
        (d)   erosion and the
              transport      of
              sediments     off
              site (including
              pollutants and
              other
              contaminants
              which      would
              affect       the
              capacity       of
              agricultural
              lands);
        (e)   worsening of
              landslide or fire
              risk;
        (f)   on-site effluent
              disposal;
        (g)   creation of dust and
              air pollutants;
        (h)   disturbance of
              buildings and
              features, including
              natural features, of
              cultural heritage
              significance.



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                                     AO11.2 Natural Vegetation is retained
                                            wherever possible.



                                            Where there is a nominated building
                                     AO11.3 envelope on the lot, clearing of
                                            native vegetation and building works
                                            do not extend beyond the building
                                            envelope, except for the purposes
                                            of a driveway access.




PO12   PO12                                  Development and associated site       During the construction of the
                                             works, including filling and          dwelling appropriate measures
       Development and                       excavation are designed and           will be undertaken to ensure
       associated site works do              constructed to ensure overland flow   overland flow and flooding are
       not directly, indirectly or           and/or flooding is not worsened,      not worsened, impeded, or
       cumulatively cause                    impeded, or otherwise diverted to
                                                                                   otherwise diverted to adversely
                                             adversely affect other properties.
       adverse impacts external                                                    affect the adjoining properties.
       to the development site
       by:
       (a)    causing ponding of
              water;
       (b)    increasing flooding,
              which adversely
              affects the safety
              or
              use of any land
              upstream and
              downstream;
        c. adversely affecting
            the flow of water in
            any overland flow
            path.




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Performance Outcomes               Acceptable Outcomes




       Scenic amenity
PO13   Development does not        AO13     Development on land            N/A
       detract from the scenic              adjoining the major road
       amenity of the hinterland
                                            network, Lake Macdonald or
       as experienced from the
       major road network or                the Noosa River system
       waterways.                           minimises visual impacts on
                                            the scenic amenity of the
                                            roadway or waterway by:
                                            (a)   sensitive siting
                                                  and design of
                                                  buildings,
                                                  structures,
                                                  driveways and
                                                  works;
                                            (b)   retaining existing
                                                  vegetation;
                                            (c)   incorporating
                                                  landscape treatments
                                                  to visually screen and
                                                  soften development;
                                                  and
                                            (d)  incorporating building
                                                 materials and external
                                                 finishes that are
                                                 compatible with the
                                                 site’s visual character
                                                 and landscape setting.
PO14   The visual amenity of       AO14    No acceptable outcome provided N/A
       Lake Macdonald, its
       foreshores and
       immediate surrounds are
       maintained or improved
       including views:
       (a)   from the lake;
       (b)   to the lake and
             beyond when
             viewed from private
             lands and from
             public areas,

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             including the
             Botanical Gardens




PO15   The landscape character       AO15    To protect scenic amenity and      The proposed dwelling is not
       and visual amenity quality            other landscape qualities,         sited on land with a slope greater
                                             buildings, structures and          than 25% (see attached contour
       of hill slopes and ridgelines
                                             associated accessways are not      survey) and therefore complies
       are retained and buildings            constructed on land with a         with the acceptable outcome.
       and structures:                       slope greater than 25%.
       (a)   are visually
                                    AO15.2   On sloping sites or on             The proposed dwelling pad is
             responsive to the
                                             ridgelines at the uppermost        located at approximately
             natural topography
                                                                                155mAHD. The ridgeline is
             of the site, sitting            edge of a hill slope:
                                                                                located along the road at
             within the                      (a)    roof lines are generally    approximately 170mAHD. The
             landscape rather                       parallel with contours of   apex of the dwelling will be
             than dominating it;                    the land;                   located below the height of the
       (b)   step down                       (b)    roofs do not exceed a       ridgeline.
             slopes or use                          pitch of 15 degrees; and
             suspended floor                 (c)    buildings do not
             construction,                          protrude above the
             minimising cut                         height of prevailing
             and fill and                           vegetation.
             avoiding
             benching of the                                                    The cut and fill for the dwelling
                                             Cut or fill is less than 1.5
             site;                                                              will not exceed 1.5m. The
                                    AO15.3   metres in depth relative to
       (c)   allow for                                                          dwelling therefore complies with
                                             natural ground surface.            the acceptable outcome.
             retention of
             natural
             vegetation
             that assists in
             screening or
             visually
             softening
             development;
             and
       (d)   incorporate
             materials,
             finishes and
             colours that
             complement
             the natural
             setting and
             integrate with
             the
             landscape
             and skyline.




Noosa Trail Network



                                                                                                   18 | P a g e

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 PO16 A comprehensive network AO16.1             Development includes linkages      N/A
      of bridle trails and                       to or between existing or future
      pedestrian and bicycle
      linkages is established,                   components of the Noosa Trail
      enhanced and protected                     Network, as indicated on the
      incorporating road                         Strategic Framework
      reserves, State forests,
                                                 Infrastructure Map
      Council owned land and
      private lands consistent
      with the lifestyle and      AO16.2         Development does not have
      outdoor recreation needs of                an adverse impact on the
      Noosa Shire’s residents                    access functions of the Noosa
      and visitors.                              Trail Network.

4.4 LOW DENSITY HOUSING CODE
Compliance with acceptable outcomes:

Performance outcomes                                Acceptable outcomes
Location
PO1     Dwelling houses, rooming accommodation,              AO1.1     Dwelling houses            N/A
        community residences and short-term                            (including secondary
        accommodation (for holiday homes) are located                  dwellings) and
        where they:                                                    community
                                                                       residences are
                                                                       anticipated in the
                                                                       Low density
                                                                       residential zone,
                                                                       Rural residential
                                                                       zone and Rural
                                                                       zone.
         (a)   provide a high level of comfort and amenity
               for occupants;                                AO1.2     Rooming
               maintain amenity and privacy of                         accommodation
         (b)
               neighbouring premises;                                  provides housing
                                                                       choice within urban
         (c)   are compatible with the character and
                                                                       boundaries.
               streetscape of the local area; and
         (d)   do not occupy land intended for higher
         density living.
 Effects of Use
PO2                                                      AO2.1          Any part of a removal N/A
                                                                        home that is affected
A removal home –
                                                                        by termite attack,
a. does not have an adverse impact on the amenity of the                borers, dry rot or
    premises or surrounding premises; and                               severe weathering or
b. maintains the safety of people and property.          AO2.2          is damaged as a
                                                                        consequence of
                                                                        relocation, is repaired
                                                                        or replaced using new
                                                                        or sound second-hand
                                                                        materials.

                                                                       Where located within
                                                                       the urban boundary,
                                                                       external surfaces of the
                                                                       building are cleaned
                                                                       and painted.




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PO3    Housing choice                 AO3    A secondary dwelling:            N/A
       A secondary dwelling:                 (a)    has a maximum gross
       a. forms part of a dwelling                  floor area of 65m²;
            house and is not                 (b)    has no more than 2
            subdivided from the                     bedrooms;
            balance of the dwelling
            house;                           (c)    does not occur on any
                                                    property covered by a
       b. contributes to housing
                                                    Building Unit Plan; and
            choice for members of
            the one household;               (d)    does not occur on a
       c. protects the low density                  property that already
            residential, rural                      contains a dual
            residential or rural                    occupancy or secondary
            character of the zone;                  dwelling.
       d. does not occur on a
            property covered by a
            Building Unit Plan or any
            property already
            containing more than
            one dwelling
       e. is accompanied by
            sufficient car parking.
PO4    Rooming accommodation is AO4          Rooming accommodation            N/A
       located on a site with                provides housing choice within
       convenient access to                  urban boundaries is limited to
       employment or education as            sites within:
       well as goods and services
       including public transport.           (a)   1,500 metres walking
                                                   distance, via a sealed
                                                   pathway, of land
                                                   within the Major
                                                   centre zone, District
                                                   centre zone or 800
                                                   metres of land within
                                                   the Neighbourhood
                                                   centre zone;
                                             (b)    800 metres walking
                                                    distance, via a sealed
                                                    pathway of a
                                                    pedestrian access
                                                    point of a hospital or
                                                    tertiary education
                                                    establishment; or
                                             (c)   400 metres walking
                                                   distance, via a sealed
                                                   pathway, of a
                                                   Translink bus stop.
Building design and services
PO5    Service and utilities         PO5.1   If located within the urban      A 60,000 litre and additional
                                             boundary, the dwelling is        5,000 litre rainwater tank will be
       Development is provided
                                             connected to reticulated         connected to the dwelling for
       with:
                                                                              general and fire fighting
            a level of                       water supply, sewerage,          purposes. (5kL to be dedicated
       a.
            infrastructure and               stormwater drainage and          to fire fighting purposes)
            services that is                 telecommunications
            appropriate to its               infrastructure networks
            setting and sufficient           (where available to the lot).
            for the intended use;
       b.   an effluent treatment    AO5.2   Where there is no reticulated
            and disposal system              water supply, the premises is

                                                                                                20 | P a g e

Page 21

             that does not have                serviced with a rainwater tank
             an adverse effect on              with the following minimum
             ecologically                      water supply capacity:
             important areas or                       for dwellings with no
                                               (a)
             water quality; and                       more than 3 bedrooms –
      c.     adequate onsite water                    45,000 litres; or
             storage to support the
             efficient use of water            (b)    for dwellings of more
             and is adequate for                      than 3 bedrooms or
             everyday use of the                      where including a
             occupants.                               secondary dwelling on
                                                      the same premises –
                                                      60,000 litres.

                                       AO5.3
                                               If located on a lot where
                                               reticulated sewerage is not
                                               available to the lot, the dwelling
                                               is connected to an on-site
                                               effluent treatment and disposal
                                               system.
PO6   Landscaping:                     PO6     Soft landscaping is provided         N/A
                                               and retained to a minimum of
      Buildings and structures                 20% of the site area.
      allow for sufficient space for
      outdoor activities, garden
      areas and screening to
      surrounding land uses.
PO7   Car Parking:                     AO7     Car parking is provided in           N/A
                                               accordance with Table
      Sufficient car parking is                9.4.1.4 of the Driveways and
      provided to accommodate                  parking code.
      the number of vehicles likely
      to use the site.
PO8   Access Design:                   AO8.1   Driveways and crossovers             The proposed dwelling will
                                               are designed to comply with          utilise the existing driveway and
                                                                                    crossover. Upgrades to
      The design, management                   Council's standard drawings
                                                                                    Council’s prescribed standards
      and maintenance of the                   RS-049, RS-050, RS-056 and           will be made were required.
      access facilitates:                      addendum as applicable.
       (a)     safe and convenient
                use for vehicles,      AO8.2   Where a footpath exists, the
                pedestrians and                driveway meets the road
                cyclists;
                                               reserve at the level of the          N/A
       (b)     vehicles                        existing footpath.
                negotiating
                without                AO8.3
                                               Driveways within the property:
                contacting the
                driveway or                    (a)    have a maximum
                crossover                             gradient of 20% and           The driveway will be
                surface; and                          vertical curves to            constructed to comply with
                                                      ensure no scraping            Council’s prescribed standards.
       (c)     stormwater disposal
                without any negative                  for a standard
                impacts on the                        vehicle; or
                surrounding area.              (b)    have a maximum gradient
                                                      of 25% provided–
                                                       (i)    the length of
                                                              the driveway
                                                              steeper than
                                                              20% does not

                                                                                                     21 | P a g e

Page 22

                                                             exceed 6
                                                             metres; and
                                                      (ii)   there is a
                                                             change in
                                                             gradient not
                                                             less than 2
                                                             metres in
                                                             length and not
                                                             greater than
                                                             12:5% at the
                                                             ends of the
                                                             25% section of
                                                             the driveway.
PO9    The driveway and crossover       AO9    The driveway and crossover is      The driveway will be
       design avoids using                     designed without significant       constructed to comply with
       structures within the road                                                 Council’s prescribed standards.
                                               alteration to the existing road
       reserve.                                reserve whereby the finished
                                               surface level of the driveway is
                                               consistent in height with the
                                               existing height of the road
                                               reserve.
PO10   Materials:                       PO10   No pavers or permeable             N/A
                                               pavement systems are used
       Driveways and crossovers                within the road reserve
       are to be able to withstand
       loadings from vehicles and
       the use of pavers is avoided.
PO11   Surface Water:                AO11      Driveways have a minimum           N/A
                                               grade of 1% away from any
       Driveways are designed to:              adjoining buildings and are
       (a)   prevent water from                formed to drain to landscaped
             ponding or entering               areas.
             buildings;
       (b)   provide an
             opportunity for
             filtering of
             stormwater prior to
             it leaving the site;
             and
       (c)   not reduce the
             stormwater
             carrying capacity
             of roadways.
PO12   Protections of infrastructure:   AO12   Driveways are located not less     The driveway is located greater
                                               than 1.0 metre from stormwater     than 1.0m from stormwater and
                                                                                  is therefore compliant with the
       Driveways do not damage or              infrastructure.
                                                                                  acceptable outcome.
       interfere with the location,
       function of, or access to
       Council infrastructure.
PO13   The visual impact of         AO13.1     Areas adjoining driveways          The driveway is existing and
       driveways on the streetscape            disturbed as a result of the       any upgrades will require
       and surrounding area is                 driveway construction are          minimal disturbance.
       minimised and significant               grassed or planted to
       adverse impacts on the
                                               minimise visual impact and
       traffic network are avoided.
                                               stabilise the soil.




                                                                                                  22 | P a g e

Page 23

                                       AO13.2    Vehicular access avoids             The existing driveway is
                                                 disturbance to the tree             already cleared and
                                                                                     avoids any disturbance to
                                                 protection zone of trees on
                                                                                     vegetation.
                                                 public land.
PO14   Driveways and crossovers      AO14.1 Only one driveway and          Only one driveway is proposed
       are located so they do not           crossover is provided.         for the dwelling.
       impede the safe and efficient
       use of the road network.
                                     AO14.2 Where the premises has         N/A
                                            frontage to more than one
                                            formed and sealed road and the
                                            roads have differing orders in
                                            the Road Hierarchy, the
                                            driveway and cross-over is
                                            provided on the frontage with
                                            the lower order.


                                        AO14.3 For corner lots, driveways            N/A
                                               and crossovers are located
                                               in accordance with Council’s
                                               standard drawings.


                                        AO14.4   If in the Rural zone or Rural       The driveway crossover will be
                                                 Residential zone, the driveway      constructed to provide a
                                                 and cross-over is located to        minimum safe sight distance in
                                                 provide minimum safe sight          accordance with Austroads.
                                                 distances in accordance with
                                                 Austroads.
PO15   Bushfire hazard                  AO15     Within a bushfire hazard area       The proposed dwelling will be
       management:                               where there is no reticulated       connected to rainwater tank
                                                                                     with a minimum 5,000 litre
                                                 water supply, the premises
                                                                                     dedicated for fire fighting
       Where located in a Bushfire               has:                                purposes. The 5,000L tank will
       Hazard Area as shown on                   (a)   an accessible dam,            be fitted with a 50mm camlock
       the Bushfire Hazard Overlay                     swimming pool or water        fitting and a standard fire
       Map in Schedule 2 and not in                                                  brigade fitting to ensure to tank
                                                       tank       available    for
       a water service area, an                                                      is in operational order.
       adequate, reliable, safely                      firefighting      purposes
       located and freely accessible                   with an onsite water
       water supply is provided for                    volume of not less than
       fire fighting purposes, which                   5,000 litres; and
       is in addition to day to day
                                                 (b)   a water supply outlet
       water supply.
                                                       pipe 50 millimetres in
                                                       diameter and 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).
PO16   Flood hazards:                   AO16.1   Where the development is      N/A
                                                 located in the Flood Hazard
       Development is designed                   Area as shown on Flood Hazard
       and sited to ensure risk to               Overlay Map in Schedule 2,
       people and property from                  the finished floor level of
       flooding is avoided or                    habitable rooms is at least
       minimised.
                                                                                                       23 | P a g e

Page 24

                                                  300 millimetres above the
                                                  Defined flood event (DFE).

                                        AO16.2
                                                  Where the DFE has not been
                                                  modelled for the area, the
                                                  finished floor level of
                                                  habitable rooms is at least
                                                  500 millimetres
                                                  above the highest recorded
                                                  flood.
PO17   Underground car parking                    No acceptable outcome               N/A
       areas are designed to drain                provided
       and function safely during a
       flood event and power
       failure.
PO18   Major electricity                AO18.1 Development including any              The proposed dwelling has
       infrastructure & substations:           sensitive land uses is at least:       been sited at least 50m from a
                                                                                      transmission substation, 10m
                                                 (a)    50 metres from a              from any other substation and
       Development is sufficiently                      transmission substation;
                                                                                      30m from a transmission line
       separated from major                      (b)    10 metres from any other      easement.
       electricity infrastructure and                   substation; and
       substations to minimise the
       likelihood of nuisance or                 (c)    30 metres from a
       complaint.                                       transmission line
                                                        easement.

                                                  Habitable buildings are not      The subject site is not subject to
                                        AO18.2    located within an easement for a any easements.
                                                  distribution line.
PO19   Development is located and       AO19     Noise emissions do not exceed        There is no adjoining or nearby
       designed to avoid or                      5db(A) above background noise        infrastructure that will cause
       minimise noise nuisance                   level internal to a habitable        noise pollution or nuisance to
       from the use of                           building measured in                 the dwelling.
       infrastructure.                           accordance with AS1055.
PO20   Wherever practicable             AO20     Where adjoining substations or     N/A
       habitable buildings are                   major electricity infrastructure,
       orientated to avoid direct                habitable buildings are
       overlooking of major                      orientated so that the majority of
       electricity infrastructure or             outdoor living areas and
       substations.                              windows of habitable rooms face
                                                 away from the infrastructure.
PO21   Earthworks and Drainage:         AO21     Filling other than accessways:     Filling is ensured to not extend
                                                                                    more than 3m around the main
                                                 (a)     does not extend more       building, will not exceed 500m2
       Earthworks and drainage                           than the equivalent of 3   and will not impact local
       operational works do not                          metres around the main     drainage on adjoining
       directly, indirectly or                           building, measured from    properties. The existing
       cumulatively cause                                the outer walls of the     building pad is essentially flat
       adverse                                           building;                  and will require minimal
       impacts external to the                                                      earthworks.
                                                 (b)     is limited to a maximum
       development site by:                              of 500m2; and
       (a)    causing ponding of                 (c)    does not impact on the
              water on the site or                      local drainage of adjoining
              nearby land;                              properties.
       (b)    increasing
              flooding, which
              adversely affects
              the safety or use
              of any land
              upstream and

                                                                                                      24 | P a g e

Page 25

             downstream;
       (c)   adversely
             affecting the flow
             of water in any
             overland flow
             path; and
       (d)   adversely
             affecting the
             privacy or visual
             amenity of
             surrounding
             property.


PO22   Landslide hazard area:          AO22.1 Development, including               The proposed dwelling is
                                              associated access, is not            located outside of the
       Development maintains the
                                                                                   Landslide Hazard Overlay.
       safety of people, property             located on land identified as a
                                                                                   Access to the dwelling is via
       and hazardous materials                landslide hazard area on a           an existing driveway. No
       stored in bulk from the risk of        Landslide Hazard Overlay Map.        changes to the access will
       landslide.
                                                                                   occur within the landslide
                                                                                   hazard overlay area.


                                   AO22.2                                         Axis Surveys have completed a
                                              Development, including              contour survey of the proposed
                                              associated access, is located       dwelling pad location. The survey
                                              outside moderate, high and          has identified a slope not
                                              very high landslide hazard          exceeding 5%. The existing
                                              areas and areas with 15%            driveway follows the contours of
                                                                                  the land and does not exceed
                                              slope or greater, as determined
                                                                                  15% at any point.
                                              by a site-specific slope-
                                              analysis.                           The site-specific slope-analysis
                                                                                  has shown that the land is
                                                                                  located within a low hazard area
                                                                                  and does not require a
                                                                                  geotechnical assessment.



                                   AO22.3     Or                                  N/A


                                              A site-specific geotechnical
                                              assessment is prepared by a
                                              registered professional
                                              engineer to certify that:
                                              (a)   the stability of the site,
                                                    including associated
                                                    buildings and
                                                    infrastructure, will be
                                                    maintained and
                                                    operational for the life of
                                                    the development;




                                                                                                    25 | P a g e

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         (b)   the site is not subject
               to the risk of landslide
               activity originating
               from other land,
               including land above
               the site; and
         (c)   development of
               the site will not
               increase the
               risk of landslide
               activity on other
               land.



       Any specific measures identified N/A
AO22.4 in a site specific geotechnical
       assessment for stabilising the
       site or development are to be
       fully implemented.




                                              26 | P a g e

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6. CONCLUSION AND RECOMMENDATIONS
This application seeks a Development Permit for Material Change of Use to construct a dwelling within
200m of an adjoining property mapped as Agricultural Land Conservation Area. The proposal is code
assessable development under the Noosa Plan and a consistent use within the Rural Zone. The
application can comply with the code requirements by compliance with the performance outcomes and
overall outcomes.

The proposed dwelling is located within an existing, level and cleared building pad that requires minimal
earthworks and will not result in the loss or diminished productive capacity of the agricultural land
conservation area. The proposed dwelling will is adequately setback and buffered from adjoining
properties to ensure there are no adverse impacts to the occupants from minor agricultural activities
occurring on the adjoining lots.

It is therefore suggested that the assessment manager decide the proposal favourably.




                                                                                             27 | P a g e

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