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DA Cover Letter
Friday 26th February 2021
Our Ref: 21038
NOOSA SHIRE COUNCIL
PO BOX 141
TEWANTIN QLD 4565
VIA EMAIL: [email protected]
Dear Sir/Madam,
LODGEMENT OF DEVELOPMENT APPLICATION
DEVELOPMENT APPLICATION FOR BUILDING WORKS (SECONDARY DWELLING)
497 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN
Please find enclosed a Development Application for a Development Permit for a Material Change of Use
which seeks approval to establish a Secondary Dwelling at the above mentioned site. In support of the
application, please find attached:
DA Forms 1 and 2;
Floor plans and elevations for the proposed secondary dwelling;
Effluent disposal report; and
Rural zone code assessment.
The application fee of $2,242.00 will be paid once an outstanding payment email with Council’s reference
number is received.
Further details of the proposal together with an assessment against the relevant applicable sections in
the Planning Scheme are provided below.
SITE DETAILS
The subject site is situated at 497 Black Mountain Road, Black Mountain and is described as Lot 7 RP
838780. The site has an area of 31,296m2. The subject site is a large rural lot with an easement for
electricity infrastructure as shown in Figure 1. The site contains an existing dwelling house located at
the front of the site surrounding by existing vegetation. The majority of the site is undeveloped and
clear of vegetation. Figure 1 also shows that the site is surrounded by similar large rural properties,
containing dwelling houses and heavily vegetated.
PROPOSAL
As outlined above, it is proposed to establish a secondary dwelling on the site. The site plan in the
supporting documents shows that the proposed dwelling will be transported to the site and will be
setback 10m from the access handle of Lot 6 RP 838780 and 25m from the adjoining side boundary of
Lot 1 RP 860476. The plan also shows that the proposed secondary dwelling is not within the easement
(Emt A on RP 135782).
The floor plan shows that the existing dwelling comprises 2 bedrooms, toilet, a bathroom/laundry and
open plan kitchen and living area and has a gross floor area of 65m2. In addition, there is an outdoor
verandah and deck containing 50.7m2. The elevations show that the dwelling is raised 900mm above
the ground and is less than 8.5m above natural ground level. The dwelling will be provided with an
effluent disposal system and a rainwater tank.
Council has issued a referral agency response for the removal dwelling on the 18th December 2020.
Council file RAB20/0253 refers.
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Page 2
Figure 1: Aerial Image of Subject Site
(Source: https://noosacouncil.wixsite.com/interactivemapshome, accessed 11th February 2021)
NOOSA PLAN 2020
The proposal is assessed against the relevant sections of the planning scheme below.
Definition
The proposed use is defined in the Noosa Plan 2020 as a Dwelling 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 administrative definitions in the Planning Scheme define a Secondary dwelling as:
“a dwelling, whether attached or detached, that is used in conjunction with, and subordinate to, a
dwelling house on the same lot”.
Comment: The proposed development will be established in accordance with the both of the above
definitions.
Page 3
Level of Assessment
Table 5.5.13 for the Rural zone identifies a Dwelling house as Accepted development subject to
requirements. The assessment benchmarks for accepted development are AO2.4, AO7.1, AO7.2, AO7.3,
AO8.4, AO8.5, AO12, AO13 and AO15 of the Rural Zone Code. The proposal does not comply with AO2.4
of the Rural zone code. The proposed secondary dwelling is within 200m ie 25m from the adjoining
property which is also included in the Rural zone and mapped as an Agricultural Land Conservation Area.
As a result, the secondary dwelling becomes assessable development that triggers a code assessable
application. However, as set out in section 5.3.3 (4) (b) (i) of the planning scheme, the assessment is
limited to those acceptable outcomes that the proposal does not comply with.
Overlays
The subject site is affected by the following mapped overlays:
Agricultural land – Agricultural land conservation area;
Bushfire hazard – part Medium potential bushfire intensity and part Potential impact buffer;
Biodiversity, Waterways and Wetlands – part MSES environmental values and Area of biodiversity
significance; and
Landslide hazard – Moderate hazard area.
The proposal has been assessment against the relevant requirements of the overlays and the key findings
are summarised below:
There is no assessment table for the Agricultural land overlay – it is for information purposes only.
The proposed secondary dwelling is located in the Potential impact on the Bushfire hazard overlay
map. No further assessment of the Bushfire hazard overlay code is required in this instance.
The proposed secondary dwelling is not located in the mapped MSES or Area of biodiversity
significance. The Biodiversity, Waterways and Wetlands overlay is therefore not applicable.
The Landslide hazard overlay code is not applicable as it does not apply to a Dwelling house.
Dwelling House Code Assessment
Table 5.5.13 (Rural Zone) identifies AO2.4, AO7.1, AO7.2, AO7.3, AO8.4, AO8.5, AO12, AO13 and AO15
as being the relevant assessment criteria for a Dwelling house. An assessment of the proposal against
the relevant acceptable outcomes is included in the supporting documents and this confirms that the
proposed development complies with all relevant acceptable outcomes except AO2.4. This matter is
further discussed below.
Acceptable Outcome AO2.4 reads as follows:
“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”.
The proposed secondary is located within 25m from adjoining land that is zoned Rural and mapped as
Agricultural Land Conservation Area as shown in Figure 2 below.
Page 4
Figure 2: Mapped agricultural land conservation area on the Agricultural land overlay map
(Source: https://noosacouncil.wixsite.com/interactivemapshome, accessed 11th February 2021)
As such, the proposal needs to be assessed against Performance Outcome PO2 which reads:
“Development does not result in the loss or diminished productive capacity of Agricultural Land
Conservation Area”.
It is important to note that the subject land and surrounding properties consist of large rural properties,
containing dwelling houses, heavily vegetated in areas and mown grass. While the vegetation is not
mapped as native vegetation on remnant on the State’s regulated vegetation management maps it is
however mapped on Council’s overlay mapping as having MSES and biodiversity significance which
suggests the vegetation supports koala habitat.
The land and surrounding land within 200m of the site is not extensively used for cropping or agriculture.
This is supported by the Australian land use and management classification as applied in Queensland
which shows the land and surrounding land in Category 5 – Intensive Uses (residential and farm
infrastructure) and recognises the land is subject to substantial modification, generally in association
with closer residential settlement (refer Figure 3 below).
Page 5
Figure 3: Mapped agricultural land conservation area on the Agricultural land overlay map
(Source:https://www.qld.gov.au/environment/land/management/mapping/statewide-monitoring/qlump/gallery/qlump-map,
accessed 11th February 2021)
The location of the proposed secondary dwelling has been driven by the existing electrical infrastructure
easement running through the site and utilising existing cleared land. As mentioned, the dwelling will
be transport to the site and is on stumps which means the house can also be removed at any point in
the future if the land is capable and suitable for agriculture. For these reason, we consider the proposal
complies with PO2.
CONCLUSIONS
This letter has been prepared to support a Development Permit for Material Change of Use for a Dwelling
House (Secondary Dwelling).
Under the Noosa Plan 2020 the site is located in the Rural zone and as the application seeks approval
for a secondary dwelling that will be located more within 200m from land included in the Rural zone
and within the Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps, the
proposal is subject to code assessment.
The development assessment set out in this letter demonstrates that the proposal complies with the
applicable local planning provisions and concludes that approval of the proposed development can be
supported on the following grounds:
the proposed development is a consistent use in the Rural zone;
the proposal appropriately addresses the relevant planning scheme overlays;
the secondary dwelling generally complies with the relevant AO’s of the Rural zone code. The
proposal is also considered to comply with PO2 in the Rural zone code; and
the site is constrained by an easement (electrical infrastructure) and the location of the new
dwelling has been site on existing cleared land to minimise any vegetation clearing.
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Based on the above, it is considered that the proposed development warrants approval from Council subject to the imposition of reasonable and relevant conditions. Should you have any questions with respect to the above, please do not hesitate to contact me direct. Yours faithfully PROJECT URBAN Amanda Madden Senior Planner Email: [email protected]