Delegated Report - Code - Planning MCU22 0168

Author	External Consultant, Wilhelm Koschade
C/-Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No.	MCU22/0168
Applicant	EarthCert Pty Ltd
Proposal	Material Change of Use - Dwelling House & Secondary Dwelling
Properly Made Date	10 October 2022
Information Request Date	20 October 2022
Information Response Date	21 October 2022
Decision Due Date	29 November 2022
Report Completed Date	16 November 2022
Report Reviewed By	Georgina Schramm 16.11.2022

PROPERTY DETAILS
Property Address	44 Williams Rd Kin Kin Qld 4571
RP Description	Lot 3 SP 127443
Land Area	391,100m²
Existing Use of Land	Rural pursuits

STATUTORY DETAILS
SEQRP Designation	Regional Landscape & Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity, Waterways and Wetlands Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house (including secondary dwelling). The works require approval given the access road is located within a riparian buffer zone and in accordance with the Tables of Assessment, requires a code assessable Material Change of Use application.
The primary residence would be located centrally on the allotment and on a prepared cut/fill platform. The secondary residence would be located in the far northern allotment sectors adjacent Williams Road.
It is noted that various overlays affect the site however in accordance with the Tables of Assessment, the Biodiversity, Waterways and Wetlands Overlay Code is the only overlay which the development is required to be assessed against. All other provisions are integrated with the zone code and low-density residential use code.
The applicant has confirmed as part of the response to the information request that no vegetation clearing is required to accommodate the new buildings and associated services. No upgrades to the existing access configuration are required.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Main Residence
Figure 4 – Main Residence Elevations

Figure 5 – Main Residence Floor Plan

Figure 6 – Secondary Dwelling Floor Plan

Figure 7 – Secondary Dwelling Elevations
site details
Site Description
The land is an undulating rural lot which is severed by a road reserve. Development is proposed on the northern portion of the site. The land is heavily vegetated and contains protected vegetation.
Surrounding Land Uses
Surrounding land uses comprise rural lots set in a rural setting.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Code;
Works Codes; and
Biodiversity Waterways and Wetlands Overlay Code.
The subject site is located in Kin Kin and is zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Biodiversity, Waterways and Wetlands Overlay Code
Acceptable Outcome AO6.1 of the overlay code requires that development and clearing of vegetation does not occur within a riparian buffer area, a wetland area or 10 metres either side of the centre line of other waterways identified on a Biodiversity, Waterways and Wetlands Overlay Map.

Corresponding Performance Outcome PO6 requires that the biodiversity and ecosystem values of waterways, wetlands and adjacent riparian zones are protected by:
avoiding any new development in a riparian buffer area and wetland area;
retaining aquatic and terrestrial habitat in riparian zones;
maintaining and enhancing wildlife corridors and connectivity along watercourses and drainage lines for native fauna movement;
avoiding edge effects and damage from adjacent land uses;
maintaining stream integrity and bank stability by minimising bank erosion and slumping;
maintaining water quality through filtering sediments, nutrients and other pollutants; and
removing pest species and replacing them with local native species.
Although development is located within the riparian buffer, all building works would occur outside of the riparian zone with only the existing access arrangement intersecting the buffer. Effluent disposal areas are also wholly located outside of the buffer.
It is considered that the development would not generate any additional impact as it relies on the existing access.
The applicant has also confirmed that no other vegetation clearing is required to accommodate the structures.
ALCA Setback – 200m
AO2.4 No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2.
PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
AO8.5 On properties over 2 hectares in area, a distance of not less than 200 metres is provided between a sensitive land use and land on an adjacent rural zone property over 4 hectares in mapped Agricultural Land Conservation Area.
PO8 Notwithstanding that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
mitigate risks associated with the use of chemicals or air pollutants; and
avoid conflict with rural uses and activities on adjoining properties.
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The proposal is setback approximately 153m from ALCA on adjacent land.  The adjacent land is steep, heavily vegetated and does not appear to currently be used for agricultural purposes.  It is considered that the proposed dwelling will not have any additional impact on the ALCA land, and it is unlikely that any expansion of the agricultural use would be undertaken in this particular area due to its slope and its small size.
Therefore, the proposal is considered to comply with the applicable PO2 and PO8.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Development Engineer
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0168 for a Material Change of Use - Dwelling house & Secondary dwelling situated at 44 Williams Rd Kin Kin Qld 4571 and described as Lot 3 SP 127443, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0168
Street address:	44 Williams Rd Kin Kin Qld 4571
Real property description:	Lot 3 SP 127443
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling House & Secondary Dwelling
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
-	-	Overall Site Plan, prepared by Eco Cottages	26/09/2022
Primary Residence
SK-02	4	Concept Floor Plan, prepared by Eco Cottages	30/03/2022
SK-03	4	Elevations, prepared by Eco Cottages	30/03/2022
SK-04	4	Elevations, prepared by Eco Cottages	30/03/2022
SK-05	4	Sections, prepared by Eco Cottages	30/03/2022
Secondary Residence
BA-02	6	Site Plan, prepared by Eco Cottages	13/05/2022
BA-03	6	Floor Plan, prepared by Eco Cottages	13/05/2022
BA-04	6	Elevations, prepared by Eco Cottages	13/05/2022
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 16 November 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
ENGINEERING
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Geotechnical Stability
A site-specific geotechnical investigation must be prepared by a qualified person* and submitted to Council for records purposes prior to the issue of any Development Permit for Building Works.  The site-specific investigation report must identify the building foundation requirements and stability considerations necessary for the future dwelling (and its associated ancillary structures) to maintain the stability of the dwelling and associated structures for the long term.
The development works must not adversely impact on the stability of adjoining lands and/or buildings and/or services.
Earthworks and Retaining Walls
All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years’ experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges
6. 	All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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