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Delegated Report - Code - Planning MCU22 0199 · MCU22/0199
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Planner, Jada Lyons
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0199
Applicant APAC P/L TTE
Proposal Material Change of Use - Caretaker’s accommodation, Dwelling
house
Properly Made Date 17 November 2022
Information Request Date 15 December 2022
Information Response Date 9 January 2023
Decision Due Date 28 April 2023
Report Reviewed & Nadine Gorton 12.05.2023
Finalised By
PROPERTY DETAILS
Property Address 317 Lawnville Rd Black Mountain Qld 4563
RP Description Lot 2 RP 83801
Land Area 607,030m²
Existing Use of Land Dwelling house & agricultural uses
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Agricultural Land Overlay
Biodiversity, Waterways and Wetlands Overlay
• Area Subject to Biodiversity Overlay
• Area Subject to Riparian Buffer Overlay
Bushfire Hazard Overlay
• Medium Potential Bushfire Intensity
Document Set ID: 22360332
Version: 6, Version Date: 19/05/2023
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• Potential Impact Buffer
Landslide Hazard Overlay
• High Hazard Area
• Moderate Hazard Area
Regional Infrastructure Overlay
• Water Resource Catchment
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use for a caretaker’s accommodation and
a new dwelling house. The proposal seeks to convert the existing dwelling house into a caretaker’s
residence and construct a new dwelling house in the western corner of the site.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Partial Site Plan (Caretaker’s Accommodation)
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Figure 4 –Floor Plan (Caretaker’s Accommodation)
Figure 5 – North and East Elevations (Caretaker’s Accommodation)
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Figure 6 – South and West Elevations (Caretaker’s Accommodation)
Figure 7 – Floor Plan (Dwelling House)
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Figure 8 – North and East Elevations (Dwelling House)
Figure 9 – South and West Elevations (Dwelling House)
2. SITE DETAILS
2.1. Background
A Development Permit for a Material Change of Use for Animal Husbandry Type 2 – Intensive was
issued on 4 August 2014. The development permit allowed for keeping of up to 1,000 chickens on
the site and also allowed for a poultry carcase compost facility. The compost facility was not
constructed, and the approved use has since been abandoned.
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2.2. Site Description
The subject site is a large rural lot used for agricultural purposes. The site is relatively steep with
a number of ridgelines and gullies throughout the site. A waterway runs parallel to the Lawnville
Road frontage down to the south eastern corner.
2.3. Surrounding Land Uses
Smaller rural lots used for rural pursuits and lifestyle.
3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Low Density Housing Code;
• Caretaker’s Accommodation, Dwelling Unit and Rural Workers’ Accommodation Code.
The subject site is located in Black Mountain 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 2 storeys max 1 storey (caretakers & dwelling)
• metres 8 metres (9m where only pitch 8.19 metres (pitch of
of roof) dwelling roof)
6.6 metres (caretakers)
Gross floor area 500m² max (dwelling house) 315m²
90m2 max (caretaker’s) 106m² X
Boundary setbacks
• Frontage 10 metres min 17m (existing) & 66m (dwelling)
• Side 10 metres min 110 metres (dwelling)
• Ag setback 200m from sensitive land use 110 metres X
Roof Pitch Max 15 degrees 20 degrees (dwelling) X
Carparking 2 covered min (dwelling) 2 covered
1 covered min (caretaker’s) unclear X
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Caretaker’s Accommodation
AO2.1 of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code
requires that caretaker’s accommodation is located within 50 metres of the primary use of the site,
for which the caretaker is responsible, and that it is located on a site with a minimum area of 20
hectares, accommodating an existing rural activity.
The proposal includes the reuse of the existing dwelling house on the subject site to become a
caretaker’s residence. The subject site is 60 hectares in size and Council’s aerial mapping shows
that an agricultural activity is currently being undertaken on the site. The applicant has also stated
that a commercial cattle breeding operation currently runs on the site and that an onsite manager
is required for the 24-hour care and security of the livestock.
Acceptable Outcome AO4.6 of the Caretaker’s Accommodation, Dwelling Unit and Rural Workers’
Accommodation Code requires that the gross floor area of a caretaker’s accommodation does not
exceed 90m2. The existing dwelling to be used as the caretaker’s residence has a gross floor area
of 106m2, which exceeds the allowable 90m2.
PO4
A caretaker’s accommodation, dwelling unit or rural workers' accommodation is ancillary to non-
residential activities on the same site.
The applicant has confirmed that there is an existing rural use currently being undertaken on the
subject site and that the caretaker’s residence is to be ancillary to this use.
The caretaker’s residence utilises an existing dwelling on site which is consistent with the character
of the area and is keeping with other built form requirements of the Rural Zone Code and the
Caretaker’s Accommodation use code and as such is supported.
Agricultural Land Conservation Area
Acceptable Outcomes AO2.4 and AO8.5 requires a distance of at least 200 metres between
sensitive land uses and land on adjacent properties that are mapped as ALCA land. Both the
caretaker’s residence and the proposed dwelling house are located within the ALCA land and the
dwelling house is located 110 metres from an adjoining property located in mapped ALCA land.
PO2
Development does not result in the loss or diminished productive capacity of 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:
1. 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;
2. avoid adverse impact on ecologically important areas including National Parks,
watercourses, and wetlands;
3. mitigate risks associated with the use of chemicals or air pollutants; and
4. avoid conflict with rural uses and activities on adjoining properties.
The proposal is considered to comply with the above PO’s as the caretaker’s and dwelling house
will not diminish the productive capacity of ALCA land and will not cause conflict with rural uses
and activities on adjoining properties. The subject site is currently primarily used for agricultural
purposes and the existing dwelling house has historically been used in conjunction with the
agricultural use.
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Carparking
The Driveways and Parking Code requires that dwelling houses have a minimum of two covered
carparking spaces and caretaker’s accommodation have one covered space. The proposal
includes two covered carparking spaces for the dwelling house but has not specified if carparking
is to be provided for the caretaker’s. It is considered reasonable to include a condition requiring
one covered carparking space be provided for the caretaker’s accommodation, in addition to two
covered spaces for the dwelling.
Roof Form
AO15.2 requires that on sloping sites, roofs do not exceed a pitch of 15 degrees. The applicant
has stated that the proposed dwelling house will have a roof pitch of 20 degrees and as such
assessment against Performance Outcome PO15 is required.
PO15
The landscape character and visual amenity quality of hill slopes and ridgelines are retained and
buildings and structures:
a. are visually responsive to the natural topography of the site, sitting within the landscape
rather than dominating it;
b. step down slopes or use suspended floor construction, minimising cut and fill and
avoiding benching of the site;
c. allow for 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.
The proposal is considered to comply with PO15 as the dwelling house will sit within the landscape
and will not dominate the area. The dwelling house is not located on a predominant ridgeline and
will sit within and below the existing vegetation on the site.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Engineering officer – comments and conditions provided.
The applicant is proposing to construct a dwelling house and caretakers at Lawnville Road, Black
Mountain. No works are being proposed to the existing dwelling (future Caretakers
Accommodation). The location of the proposed dwelling house is encumbered by Council’s
Landslide Hazard overlay; a Geotechnical investigation has been conducted and report submitted
to Council.
The existing access to serve the proposed dwelling house is insufficient and requires extensive
work to create a functional and safe residential access. The location of the access is located just
shy of the apex of a stretch of windy road along Cooroy Belli Creek Road. Council had significant
concerns about the safe ongoing integration of the access to the road network and creating a safe
access for all road users. The applicant submitted an RPEQ-certified sight distance assessment
which addressed these concerns.
Engineering believes the proposed development can achieve relevant compliances and
recommends the following conditions.
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5. 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 MCU22/0199 for a Material Change of Use - Caretaker’s
Accommodation & Dwelling House situated at 317 Lawnville Rd Black Mountain Qld 4563 and
described as Lot 2 RP 83801, it is recommended the application be approved in accordance with
the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU22/0199
Street address: 317 Lawnville Rd Black Mountain Qld 4563
Real property description: Lot 2 RP 83801
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Caretaker’s accommodation & Dwelling
house.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use of the buildings commencing, and then compliance maintained at all times while the
use continues.
Currency Period
2. This development approval lapses if the use has not happened by 12 May 2029, unless an
application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
SK.01 - Site Locality Plan, prepared by K 04/01/2023
Architecture
SK.02 - Caretakers Cottage Site Plan, prepared by 04/01/2023
K Architecture
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SK.03 - Caretakers Cottage Plan, prepared by K 04/01/2023
Architecture
SK.05 - Caretakers Cottage Elevations, prepared by 04/01/2023
K Architecture
SK.06 - Caretakers Cottage Elevations, prepared by 04/01/2023
K Architecture
SK.07 P6 Ground Floor Plan, prepared by K 04/01/2023
Architecture
SK.08 P6 North & East Elevations, prepared by K 04/01/2023
Architecture
SK.09 P6 South & West Elevations, prepared by K 04/01/2023
Architecture
Building Height
4. The maximum height of the development must not exceed 8 metres above the ground level.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Nature and Extent of Approved Use
5. The caretaker’s accommodation is approved with a gross floor area of 106m2.
6. The approved caretaker’s accommodation must be used for the purpose of full-time
caretaking associated with the established agricultural activity occurring on the site.
7. The caretaker’s accommodation is not permitted to be used for other residential purposes
(short term accommodation, residential lease not associated with agricultural activity etc.).
Car Parking
8. A minimum of one covered carparking space for the caretaker’s residence and two covered
carparking spaces for the dwelling house must be provided on site and made available and
accessible at all times for residents and caretakers.
Environment
9. Sediment or any other material including building materials or waste products must not be
deposited or released into the road reserve, stormwater drain or adjacent properties.
Water Supply
10. The approved dwelling must be serviced with a rainwater tank having a minimum storage
capacity of no less than 60,000 litres.
Waste Water Treatment and Disposal
11. The dwelling must be provided with an on-site waste water treatment and effluent disposal
system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
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Bushfire Management
12. An accessible dam, swimming pool or water tank (in addition to day to day water supply) with
an onsite water volume of not less than 5,000 litres must be available for firefighting
purposes, located within reasonable proximity to building.
13. A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
fitting must be connected to the water supply (other than where the water supply is in a
swimming pool or dam).
ENGINEERING
Site Access and Driveways
14. A sealed access driveway must be provided from Cooroy Belli Creek Road to all parking and
manoeuvring areas of the development. The access driveway must be located and
constructed to not adversely affect the existing conditions of the local road network. The
works must be undertaken in accordance with an Operational Works approval, be generally
in accordance with SCG Consulting’s Driveway Re-Aligning Plan (33002-DR1.1) dated April
2023 and be constructed using compacted gravel and seal as described on RS-056.
Stormwater Drainage
15. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Easements
16. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
17. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
18. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Geotechnical Stability
19. All works must be carried out in accordance with the recommendations contained in section
7 of Core Consultants’ Geotechnical Investigation & Stability Assessment (J001783-001-R-
Rev1).
Earthworks and Retaining Walls
20. All earthworks and associated batters for the new dwelling must be undertaken generally in
accordance with SCG Consulting Engineers Plan No 33002-C2.1 dated February 2022 and
the recommendations contained in the Geotechnical Investigation & Stability Assessment –
Report No J001783-001-R-Rev 1 prepared by Core Consultants.
Damage to Services and Assets
21. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
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5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Infrastructure Charges
22. 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
Building and Construction Industry (Portable Long Service Leave) Levy
23. 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.
Co-ordination of Operational Works Assessment
24. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Waste Water Treatment and Disposal System
25. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Access, driveway.
Development Permit for Building Works All building work.
10. SUBMISSIONS
Not applicable.
11. 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
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. 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.
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