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3.0 Planning Report
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Ref: 2020-420
23 October 2020
Chief Executive Officer
Noosa Shire Council
[email protected]
RE: DEVELOPMENT APPLICATION – MATERIAL CHANGE OF USE – DWELLING HOUSE AND
OPERATIONAL WORK (TREE REMOVAL 19-20) AT 142 PLAYFORDS ROAD KIN KIN, QLD 4571
(LOT 186 MCH224)
Dear Sir/ Madam
In accordance with Section 50 of the Planning Act 2016 please accept this development application
for a Material Change of Use of the premises for a Dwelling House and Operational Work for the
removal of up to 20 existing trees. The application is made on behalf of Jennifer Rogalksy being the
registered owner of the land subject of the application.
The development has been described in detail in the proceeding Planning Report and for
completeness should be read in conjunction with the following attachments:
DA Form 1
Owners Consent
Proposed Plans
Detail Survey (Plan and Image)
Effluent Disposal Plan
Soil Test Report
Contact Information:
Please direct all queries relating to this application to Will Johnson of Building Suncoast Green at
[email protected] or on (07) 5448 8500
2020-420 – 142 Playfords Rd Kin Kin
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Page 2
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Contents
1. Site Description ............................................................................................................................... 4
1.1 Site Surrounds ............................................................................................................................... 4
2.0 Proposal ............................................................................................................................................ 5
3.0 Noosa Plan 2020 ............................................................................................................................... 8
4.2 Code Assessment .......................................................................................................................... 9
Rural Zone Code .............................................................................................................................. 9
Low Density Housing Code............................................................................................................ 12
4.3 Overlay Assessment .................................................................................................................... 13
Biodiversity, Waterways and Wetlands Code ............................................................................... 13
6.0 Conclusion ....................................................................................................................................... 16
2020-420 – 142 Playfords Rd Kin Kin
Page 3
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Application Details
Level of Assessment Code Assessment
Relevant Local Planning Instrument Noosa Plan 2000
Development Application Type Material Change of Use & Operational
Works
Proposal Dwelling House in Biodiversity, Waterways
and Wetlands Overlay (Vegetation) and
removal of up to 20 existing trees in
Biodiversity Significance area.
Site Details
Subject Property Address 142 Playfords Road Kin Kin, QLD 4571
Legal Property Description Lot 186 MCH224
Land Parcel Area 634558.2 m2
Local Council Area Noose Shire Council
Local Plan Area Nil
Zoning Category Rural Zone
Overlays Biodiversity, Waterway and Wetlands;
Bushfire Hazard;
Landslide Hazard
Current Use Vacant Land
Application History Nil relevant to proposal
South East Queensland Regional Plan (Shaping SEQ)
Land Use Category Rural production area
Applicant Details
Applicant Jennifer Rogalksy
Planning & Design Consultant Building Suncoast Green; Will Johnson
Effluent Disposal and Soil Report Global Testing
2020-420 – 142 Playfords Rd Kin Kin
Page 4
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
1. Site Description
Figure 1- Subject Site, 142 Playfords Road Kin Kin. Source: Nearmap 2020
The subject site is located at 142 Playfords Road Kin Kin, legally described as Lot 186 MCH224. The
site is vacant of buildings and structures and is characterised by mature vegetation and two
waterbodies. The site has a total land area of 634558.52 m2 (63 hectares).
The site is located within the Rural Zone as per the Noosa Plan 2020.
1.1 Site Surrounds
NORTH 46 Playfords Road Kin Kin; Dwelling House on large rural site comprising existing
vegetation to the majority of property boundaries.
EAST 280 Dr Pages Road Cootharaba, Dwelling House and three sheds on large rural site,
mostly cleared land parcel with existing vegetation in south-west corner.
SOUTH 180 Playfords Road Kin Kin; Large rural site comprising two small sheds, mostly
vegetated site which shares a property boundary with a dwelling house on smaller
rural site.
WEST 254 Gympie Kin Kin Rd Kin Kin; Large rural site comprising Dwelling House and ancillary
outbuildings for Living Valley Springs accommodation.
2020-420 – 142 Playfords Rd Kin Kin
Page 5
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
2.0 Proposal
The applicant seeks a development permit for a Material Change of Use of the currently vacant site
for a Dwelling House and Operational Work for the removal of up to 20 existing trees. Specifically,
the applicant seeks to construct a primary dwelling, secondary dwelling and shed all of which are
typically accepted development subject to requirements in the applicable zone (rural). The removal
of trees is a result of the proposed works. Access to and around the site is existing and free of
vegetation.
The application triggers code assessment due to the site being contained within an Area of
Biodiversity Significance. Similarly the site is affected by various Overlays under the Noosa Plan
which are discussed further in Section 3 of this report.
The applicant has extensively investigated the site for suitable locations for the purpose of
establishing the proposed works. Consideration was given to topography, location and proximity to
existing vehicle tracks and vegetation and understorey. The applicant has identified three locations
on-site for the proposed works illustrated on the attached Survey Plan and reflected in Figure 2 as;
Site 1 – Shed, Site 2 – Primary Dwelling, Site 3 – Secondary Dwelling.
Each of the sites have existing understorey and upper storey clearing and direct existing vehicle
access. Further clearing will no doubt be necessary to establish fire breaks for the proposed
structures, however the client seeks to keep the site in tact as much as possible given the natural
amenity of the site and net benefits to how they wish to occupy the site.
The primary dwelling is proposed as a split level to follow the topography of the site. The dwelling
house has a total area of 747.4m2 consisting of 400m2 habitable space, 137.1m2 garage and store
and 209.9m2 of covered outdoor decks. The secondary dwelling consists of 65m2 of habitable space,
28m2 carport, and 77.5m2 covered entry and decks/ patio. The shed has a total area of 320m2,
comprising 240m2 enclosed and 80m2 covered outdoor deck.
The proposed dwelling is for private use, the shed will facilitate storage of recreation equipment and
the secondary dwelling has been sought to permit occasional use by the property owner’s
immediate family on occasion when visiting from interstate.
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Figure 2 - Survey Plan of proposed work locations, Source: Land Surveying Dynamics 2020
Figure 3 - Proposed dwelling site plan on 'Site 2', Source: Building Suncoast Green 2020
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Figure 4 - Proposed shed on 'Site 1', Source: Building Suncoast Green 2020
Figure 5 - Proposed caretaker's residence on 'Site 3', Source: Building Suncoast Green 2020
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
3.0 Noosa Plan 2020
The Noosa Plan 2020 – Amendment 1 came into effect on the 25th of September 2020 and
supersedes the Noosa Plan 2020 which was gazetted and came into effect on 31 July 2020.
The subject site is mapped within the Rural Zone, and sits outside the Kin Kin local plan area.
Schedule 1, Table SC1.1.B – Use Definitions defines a Dwelling House:
Dwelling house means a residential use of premises involving—
1. one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
2. one dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
The applicant seeks to construct one dwelling for a single household, a secondary dwelling and a
shed associated with the single household. The proposed use complies with the definition.
Part 5, Table 5.7.1 – Building Work permits building works not associated with a Material Change of
Use if for a Dwelling House or Class 10a structure as accepted development subject to requirements.
The proposed works do not comply with all Acceptable Outcomes of the Rural Zone Code and
therefore constitute Code Assessment against the Rural Zone Code, Low Density Housing Code and
relevant Works Code.
Part 5, Table 5.9.2 – Biodiversity, Waterways and Wetlands Overlay requires the proposed building
work to require code assessment where clearing vegetation.
The proposed works are to take place on sections of the site which are currently mostly free of
vegetation. However, given the practicalities of conventional construction we consider there to be
need to remove several existing trees/ vegetation within proximity to the proposed structures in
addition to consideration being given for the need to protect the structures in the event of a fire we
expect clearing around the structures to be necessary. In this regard the proposed application
requires code assessment against the Biodiversity, Waterways and Wetlands Code.
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
A desktop review of the Noosa Plan 2020 mapping identifies the following further Overlays constrain
the site:
Bushfire Hazard Overlay (OM-BH); And
Landslide Hazard Overlay (OM-LH).
The proposed Dwelling House does not trigger assessment against the above overlays as per Part 5,
Table 5.9.3 and Table 5.9.8.
4.2 Code Assessment
Rural Zone Code
The purpose of the Rural zone is to:
1. provide for rural uses and activities; and
2. provide for other uses and activities that are compatible with:
1. existing and future rural uses and activities; and
2. the character and environmental features of the zone; and
3. maintain the capacity of land for rural uses and activities by protecting and managing
significant natural resources and processes.
The subject site is largely vegetated and not considered suitable for typical rural uses. The proposed
use is permitted on the site and given the applicants intention to mitigate the impact of construction
on-site for the purpose of maintaining the properties natural assets we consider the proposal to
comply with the zones purpose.
Overall Outcomes (n), (o) and (p) are relevant to the proposal in such that they are achieved by the
proposal as follows:
(n) Development is reflective of, and sensitively responds to, the environmental constraints of the
land.
The proposed development is proposed on portions of the site where minimal removal of existing
natural forms are required and where access to the site via existing vehicle tracks are achieved.
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
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Building Design & Town Planning
(o) Natural features such as creeks, gullies, waterways, wetlands and vegetated hillslopes and
ridgelines are retained, managed and enhanced where possible.
The proposal seeks to integrate to the built structures with the sites topography with minimal cut
and fill only where necessary. Existing waterbodies have been adopted as a key asset to the
proposed dwelling house and shed and design has intentionally sought to include them into the
outcome. The applicant seeks to remediate the site with endemic landscaping to compliment the
structures in the natural setting.
(p) Development maintains and enhances the significant scenic and landscape values of the area. The
built form of development integrates with and complements the rural character intended for the
zone and sensitively responds to the landscape.
The proposal seeks to utilize the site in such a way that preserves its natural aesthetic qualities.
Given the site is relatively exclusive and development is proposed away from the road the sites
visual character is largely un-interrupted.
PO1: Land uses in the Rural zone are limited to those which are compatible with agriculture and the
protection of environmental and landscape values.
Proposal complies in that a Dwelling House is considered accepted development in the Rural Zone
where meeting or can be conditioned to meet the objectives and outcomes of the Rural Zone code.
A dwelling house is compatible with the site.
Building height and scale
PO7: Buildings and other structures:
1. are low rise;
2. minimise the appearance of bulk to adjacent properties, roads or other areas in the vicinity of
the site; and
3. respect the scale of surrounding vegetation and maximises opportunities to retain
existing vegetation on site.
The proposed primary residence incorporates a two-storey element. The combined gross floor area
of the single dwelling and secondary dwelling is 465m2 gross floor area as defined by the Noosa Plan
2020, the balance of the proposed gross floor area is attributed to a class 10a structure and areas
not included in the gross floor area calculations by definition.
2020-420 – 142 Playfords Rd Kin Kin
Page 11
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
The development complies with PO7 with respect to the proposed two storey component given the
design utilises the sites topography in the chosen location, where by a ground floor has been
incorporated and created underneath the upper level which projects from a natural topography line.
Further, given the proposed location towards the middle of the site the appearance of bulk and scale
are not evident to nearby roads or other areas. Some surrounding vegetation will require removal
however based on the chosen site area less I removed than if proposed elsewhere on-site.
Safety and Amenity
PO9
Development does not result in environmental harm or environmental nuisance to sensitive land
uses.
Development type is considered a sensitive land use and is proposed in a way that minimises the
development works impact on the natural values of the specific property.
AO10
Safe vehicular access is provided to and from the site without adversely impacting on the safety of
the road network.
Vehicle access tracks exist on the site and will be preserved and maintained to ensure continual safe
access to and around the site and proposed works is achieved.
Environment Heritage and Scenic Amenity
PO11
Development does not have a significant adverse impact on the natural values of the site including
through:
1. loss of biodiversity values, fauna habitat and fish passage;
2. changes to natural drainage;
3. disturbance to any wetland systems;
4. erosion and the transport of sediments off site (including pollutants and other contaminants
which would affect the capacity of agricultural lands);
5. worsening of landslide or fire risk;
6. on-site effluent disposal;
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
7. creation of dust and air pollutants;
8. disturbance of buildings and features, including natural features, of cultural heritage
significance.
The proposal as illustrated in the attached Proposal Plan sets by Building Suncoast Green reflects the
location of the structures relative to existing surveyed trees and vegetation. It is logical to believe
removal of portions of the surveyed vegetation will be necessary to facilitate construction and
provide fire breaks and safe setbacks distances from larger trees. In this regard the impact of the
proposed works is considered not significantly adverse.
Low Density Housing Code
The purpose of the Low density housing code is to ensure dwelling houses, community
residences, rooming accommodation and short term accommodation (where no more than one
detached dwelling on the site) :
1. are appropriately located;
2. achieve a high level of comfort and amenity for occupants;
3. maintain amenity and privacy of neighbouring residential premises; and
4. are compatible with the character and streetscape of the local area.
The proposed Secondary Dwelling is no more than 65m2 in gross floor area and comprises no more
than two bedrooms. The dwelling house is proposed to be serviced by two 22,000 litre rainwater
tanks, additionally the Secondary Dwelling is proposed to be serviced by rainwater tanks suited to
the demand generated by activity. On-site effluent systems have been designed for the site and
proposed uses as demonstrated in the relative attachment by Global Testing.
The dwelling and shed have been positioned adjacent to on-site waterbodies to ensure access to
water supply can be obtained in the event of a fire emergency. Further, provision will be made for
further fire mitigation and fighting strategies subject to the relevant requirements of applicable
building codes and regulations dealt with by the private building certifier.
Access to the site is existing and will remain as a single cross-over. Landscaping will be incorporated
into the final design of all structures and undertaken by the applicants chosen contractor. Soft
landscaping to 20% of the site is not considered reasonable in this specific context.
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Site Works
Site cut is very limited as the design has sought to utilize the existing topography of the chosen site
areas. Fill will be utilised to underside of the proposed concrete slabs where the topography is not at
the required height. The applicant intends to utilize on site soils where cut for any required filling in
this regard.
Waste Management
Waste bins are collected on Wednesdays and recycling collection occurs every first week via Dr
Pages Road. The property owner will transport waste collection devices to Dr Pages Road on
collection days commensurate with typical rural site procedures.
4.3 Overlay Assessment
Biodiversity, Waterways and Wetlands Code
The purpose of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate
and enhance ecologically important areas and improve connectivity and ecological linkages across
Noosa Shire.
1. The overall outcomes sought for the Biodiversity, Waterways and Wetlands overlay code are:
1. The natural resources and ecosystem values of Noosa Shire are protected and
enhanced including ecologically important areas and land and environmental values
of scenic, aesthetic, cultural, educational, recreational, scientific, economic and
social value.
2. Development is designed, sited, constructed and operated in a way that avoids
adverse impacts on ecologically important areas, ecological systems and processes.
3. Development design and layout provides for ecological connectivity across the
landscape through the protection, rehabilitation and enhancement of
native vegetation and ecological linkages.
4. Ecological linkages and riparian vegetation are conserved, managed, enhanced and
rehabilitated to protect and improve biodiversity, ecosystem health, landscape
stability and resilience.
2020-420 – 142 Playfords Rd Kin Kin
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Building Suncoast Green
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Building Design & Town Planning
5. Development design and layout provides for the protection and establishment of
appropriate buffers to waterways, wetlands, native vegetation and significant fauna
habitat.
6. The terrestrial and aquatic native flora and fauna and their habitats are protected
and enhanced.
7. Development and its associated landscaping provides for the rehabilitation
of ecologically important areas, degraded ecosystems and habitats to achieve a
functional and healthy ecosystem state that requires minimal human intervention.
8. Development is designed, sited, constructed and operated to avoid or minimise
adverse impacts on koalas and their habitat and to provide for connectivity and
safety for the long term viability of the koala population.
9. In urban areas, biodiversity values are protected and enhanced to assist with
ecosystem health, flora and fauna, urban amenity and quality of life
The proposed development achieves the purpose of the respective Overlay in that development
attempts to be consistent with existing land forms, utilizes area of perceived lessor ecological value
with respect to the required clearing of vegetation and avoids amalgamation of all structures to
ensure ecological links around proposed buildings is achieved.
Ecologically Important Areas
PO1
Development is sited and designed to protect the physical and ecological integrity and biodiversity
of ecologically important areas through protection of:
1. existing habitat areas and ecological linkages; and
2. existing riparian vegetation, waterways and wetland habitat values.
The proposal, as repeatedly discussed in prior sections of the report seeks to avoid as far practical
removal of existing vegetation on the site. This is achieved in the intentional siting of the proposed
structures on areas of the site which provide existing cleared areas. The cleared have existed on the
site for some time, prior to the current registered ownership of the land. From on-site investigation
the chosen areas reflect loss of vegetation from removal of dead or fallen trees over some time.
2020-420 – 142 Playfords Rd Kin Kin
Page 15
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
Secondly, the applicant has sought to separate all proposed buildings to avoid mass clearing whilst
ensuring each site is accessed via existing vehicle tracks.
Riparian corridors have been preserved and the proposed primary dwelling has ensured the relative
setback from the mapped riparian corridor being twice the width of which is reflected on the
mapping.
2020-420 – 142 Playfords Rd Kin Kin
Page 16
Building Suncoast Green
P: 07 5448 8500 E: [email protected]
Building Design & Town Planning
6.0 Conclusion
In closing, we find the proposed development application for a Material Change of Use of the
premises being 142 Playfords Road Kin Kin for the purpose of a dwelling house, consisting of a single
household, secondary dwelling and class 10a structure (shed) warrants development approval.
We believe the report provides justification for a favourable decision notice reflecting reasonable
and relevant development conditions which seek to ensure the works are managed to mitigate
adverse impacts and comply with the overall outcomes sought for the rural zone. In particular we
consider the proposal demonstrates;
Regard for the existing biodiversity significance of the site and seeks to maintain ecological
linkages throughout the site;
Avoids mass clearing of existing vegetation by utilizing site locations that have existing
cleared areas of understorey and upper storey vegetation;
Concentrates works adjacent to existing vehicle tracks for safe and access and movement
between the access road and proposed structures; and
Protects the site from incompatible land uses.
Should you wish to discuss matters specific to this application further please contact Will Johnson or
on (07) 5448 8500 or at [email protected]
Regards,
Building Suncoast Green
Will Johnson
Town Planner BUrbDes&TownPlan(Hons) PIA.
2020-420 – 142 Playfords Rd Kin Kin