Delegated Report - Code - Planning MCU21 0006

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0006
Applicant	Jesterbella PTY LTD
Proposal	Material Change of Use - Dwelling house
Properly Made Date	22 January 2021
Information Request Date	17 February 2021
Information Response Date	22 February 2021
Decision Due Date	31 March 2021
Report Completed Date	30 March 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	161 Cooroy Belli Creek Rd Cooroy Qld 4563
RP Description	Lot 20 RP 141938
Land Area	46,060m²
Existing Use of Land	Vacant lot

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay; Biodiversity, Waterway and Wetlands Overlay (Riparian Buffer).
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The proposal consist of constructing a dwelling house towards the western side of the property, close the Cooroy Belli Creek Road. While not original applied for, during the assessment it was noticed that an existing office/storage room, which is unapproved is located in the middle of the lot. The applicants have indicated that the unapproved structure will remain on site and be included in this development application. The development has been triggered for code assessment due to the non-compliance of AO2.4 of the Rural Zone code (within 200m of adjacent property identified on the Agricultural land overlay map)
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan (Dwelling House)

Figure 4 – Floor Plan (Unapproved Studio Room)

Figure 4 – Elevations
site details
Background
The premises has an existing unapproved studio room located towards the centre of the lot, with a garden shed and some cubby houses the remaining of the lot being vacant.
Site Description
The premises is a 4.6 hectare rural lot. The site is mostly cleared of vegetation with some vegetation towards the rear of the property. The site contains landslide constraints throughout the lot, with lesser sloped sections towards to front of the lots, and at the peak of the hill.
Surrounding Land Uses
The surrounding area is mostly dominated by rural lots that contain residential dwellings. It does not appear that any intensive agricultural practices are being undertaken on any of the adjoining lots to the subject site. The closest cropping use is approximately 130m away from the proposed site, which is not an adjoining lot to the subject site.
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 Use Code;
Biodiversity, waterways and wetlands Overlay Code.
The subject site is located in Cooroy 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:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	1 storey 5.46 metres	
Site cover	45% max	0.09%	
Roofed Area	500m² max	315.96m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	13 metres 10 metres 62 metres 180 metres	
Setback from adjacent property mapped as ALCA	200 metres	10 metres	X
Carparking	2 covered min	2 covered	
Rural Zone Code
The development is generally in accordance with the Rural Zone Code with only one noncompliance with AO2.4.
Acceptable Outcome AO2.4 requires sensitive land uses to be a minimum of 200m from adjoining properties that are mapped within the Agricultural Land Conservation Area (ALCA), illustrated on the Agricultural Land Overlay Map. The performance outcome (PO2) requires that the proposed development does not result in the loss or diminished productive capacity of the Agricultural Land Conservation Area.
The site plan demonstrates that it would be difficult to development a dwelling house with a setback a minimum of 200m from the adjoining properties subject to ALCA. The total width of the proposed lot is only 105 metres.
The adjoining lots currently do not appear to be operating any intensive agricultural uses. The topography of the lots that are adjacent to the subject site are also quite steep and would prevent any intensive agricultural uses apart from being used for pasture lands.
Biodiversity, Waterways & Wetlands Overlay Code
The development is proposing to install their septic system for the house within the riparian buffer area. Therefore the development is not compliant with AO6.1: Development and clearing of vegetation does not occur within: (a) a riparian buffer area.
Acceptable Outcome AO6.1
The proposal is siting the septic system area inside a riparian buffer area, resulting in new development occurring in the riparian buffer area. However, due to the nature of the development, and its position to the waterway, which is located on the other side of Cooroy Belli Creek Road, along with the fact that the area is already cleared of vegetation. It is accepted that the septic system to be sited in the proposed location.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU21/0006 for a Material Change of Use - Dwelling house situated at 161 Cooroy Belli Creek Rd Cooroy Qld 4563 and described as Lot 20 RP 141938, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0006
Street address:	161 Cooroy Belli Creek Rd Cooroy Qld 4563
Real property description:	Lot 20 RP 141938
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
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.	Issue	Plan/Document Name	Date
-	-	Plumbing Layout	07/12/20
-	-	Site Plan (Annotated by Council)	-
SGYM200126-3	-	Layout	03/12/20
-	-	Floor Plan of  Studio Room	-
Currency Period
This development approval lapses if the use has not happened within 6 years, unless an application to extend the currency period is approved by Council.
Earthworks
Any earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
A separate water supply for fire fighting purposes must be provided for the premises, which must  include:
an accessible dam, swimming pool or water tank with an onsite water volume of not less than 5,000 litres; and
a water supply outlet pipe 50 millimetres in diameter 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).
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:
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 on 07 3247 6212 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 DA Planning Section to arrange a Development Compliance Inspection.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Infrastructure Charges
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 on line at www.noosa.qld.gov.au or at Council Offices.

[word/footer1.xml]
Page 10 of 10

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
 

 

 

 

 

 

 
 
     

peoy yar 1}>q Ko100>

 

~ 3m x 3m

garden shed

Sill ebb houses
tape? Se Sm)
fo
i

|

  

 

Existing Sm x Sm

unapproved studio

 

 

 

 


[Attachment: image3.png (image text)]
 

 

 

Garage

 

 

 

 

 

 

 

4500
laundry

 

 

 

000-4

 

[1000-}

 

 

 

 

 

 

 

10900-

4500.

5000 Bed 1

 

 

 

 

 

 

 

 

 

6300-
kitchen

42600}

{-1000-}

 

 

 

4000:

2300
bathroom]

 

 

|-1000-}

 

 

 

 

 

 

 

 

 

4500
Beds °°
Bed 3 adop
Bed2 — agso

 

 

00

 

 

 

 

1100

 

2000

 

 


[Attachment: image4.png (image text)]
 

4600

 

 

 

 

 

 

 

 

 

 

 

 

Roof line
4000
=
3
z
=
3000 open 2
° £
4600 3 «
Window Entrance door .
oo a Sais
° Outside deck 1090

 

 

 

 

Roof line


[Attachment: image5.png (image text)]
215m 1 535m

 

 

Left End

 

Right Side