Delegated Report - Code - Planning MCU21 0174

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0174
Applicant	Christopher Joseph Bentley
Proposal	Material Change of Use - Dwelling house
Properly Made Date	30 September 2021
Information Request Date	27 October 2021
Information Response Date	8 November 2021
Decision Due Date	24 December 2021
Report Completed Date	23 December 2021
Report Reviewed By	Patrick Murphy 23 December 2021

PROPERTY DETAILS
Property Address	11 Senegal Rise Doonan Qld 4562
RP Description	Lot 120 RP 887986
Land Area	10560m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Area subject to Biodiversity Overlay Area Subject to the Riparian Buffer Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Potential Impact Buffer Landslide Hazard Overlay High Hazard Area Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house and Shed.
The applicant proposes a 294.31m2 dwelling house, 134.46m2 shed and pool. The proposed alfresco area is setback 8 metres from the front property boundary in lieu of the 10 metres required, whilst the pool is setback 3 metres. The proposed shed is setback 5 metres from the northern side boundary instead of the required 10.
It is noted that the proposed dwelling house, shed and effluent system are located in an area mapped as being a Koala Priority Area and a Core Koala Habitat Area by the Queensland Government. In addition, the site is mapped as being high potential bushfire intensity and moderate hazard area on the Landslide Hazard Overlay Map.
The original application proposed access to the shed from the adjoining driveway. The applicant has since amended the proposal to provide access to the shed from Senegal Rise.
During the assessment process significant earthworks took place on site and trigger an Operational Works Application under Noosa Plan 2020. However, a further slope stability report was provided by the application containing the latest earthworks. The Building Certifier also confirmed through a written statement that the earthworks will be included within the Building Approval.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site/Floor Plan

Figure 3 – Elevations

Figure 4 – Shed Floor Plans/Elevations
site details
Site Description
The subject site is 1.05 hectares in size and falls in a southwestern direction from the northern corner. The site is currently free of any structures and with exception of the cleared section in the northern corner, is comprised of dense and mature vegetation and dense vegetation. As per the figure below the mature vegetation is categorized as being a Core Koala Habitat Area and within a Koala Priority Area. It is noted that the cleared section at the front of the property was cleared many years ago and earthworks have been undertaken unlawfully. Access to the property is provided from Senegal rise to the northwestern corner of the site.

Figure 5 –Koala Habitat Area Map
Surrounding Land Uses
The surrounding land uses of the subject site include large properties with dwelling house and sheds which typical of the rural setting. In addition, a State of Queensland Reserve is situated to the rear of 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 Residential Zone Code;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Doonan and is zoned Rural Residential. 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 8/9 metres	2 storeys 7.7 metres	
Site cover	30% max	0.04%	
Gross floor area	500m² max	428.77m²	
Boundary setbacks Frontage Side (north) Side (south) Rear	10 metres min 10 metres min 10 metres min 15 metres min	3/8 metres 5 metres 10 metres 150 metres	X X
Carparking	2 covered min	2 covered	
Setbacks
Front and Side Setback
The proposed dwelling is setback 8 metres from the front property boundary, whilst the pool is setback 3 metres. In addition, the proposed shed is setback 5 metres from the northern side boundary. Acceptable Outcome AO6.4 of the Rural Residential Zone code requires buildings and structures are setback 10 metres form the road frontage and 10 metres from the northern side boundary. As the dwelling, pool and shed do not comply with AO6.4, the proposal is assessed against PO6.
Performance Outcome PO6
Buildings and other structures are designed and suited to:
Provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy, access to breezes and protection from noise, odour or artificial lighting;
Provide adequate distance from adjoining land uses and avoid conflict with existing or future rural uses and activities on adjoining properties;
Allow for space and landscaping to be provided between buildings;
Preserve existing vegetation that will help buffer development;
Protect the natural character and avoid adverse impacts on ecologically important areas such as national parks, waterways and wetlands.
It is noted that the topography of the site heavily constrains the opportunity for development. The front of the site is relatively flat, whilst the land falls steeply from approximately 20 metres from the front property boundary. The site is identified as being part of a Koala Priority Area by the State Assessment and Referral Agency and the dense and mature vegetation is identified as being a Core Koala Habitat Area. Further, dense and mature vegetation is mapped as being a high bushfire intensity by the bushfire hazard overlay map.
Whilst acknowledging that houses on Senegal rise are setback at minimum of 10 metres from the street and the proposal is not consistent with the streetscape, the proposed setback of 8 metres protects the natural character and avoids adverse impacts on ecologically important areas.
Moreover, given the constraints of the site a 5 metre setback for the proposed shed is considered to provide adequate distance from the adjoining land uses and still provide a high level of amenity to users of the subject site and the adjoining premises. Figure 6 shows the existing screening vegetation and retaining structure on the boundary of 11 and 18 Senegal Rise, Doonan. A condition is to be included stipulating the shed must be painted in a muted tone and screening vegetation provided between the shed and boundary.
The proposal is considered to comply with Performance Outcome PO6.

Figure 6 –Boundary between 11 & 18 Senegal Rise
Biodiversity
The applicant proposes to remove approximately 2,100m2 of vegetation on land identified as an area of biodiversity significance and of MSES Environmental Values by the biodiversity, waterways and wetlands overlay map. Acceptable Outcomes AO1.1, AO1.2 and AO1.3 of the biodiversity, waterways and wetlands overlay code. As such, the proposal is assessed against Performance Outcome PO1.
Performance Outcome PO1
Development is sited and designed to protect the physical and ecological integrity and biodiversity of ecologically important areas through protection of:
existing habitat areas and ecological linkages; and
existing riparian vegetation, waterways and wetland habitat values.
As per Figure 6, almost the entire subject site is identified as an area of significant vegetation and o-f MSES Environmental Values by the Biodiversity, Waterways and Wetlands Overlay Map.
The applicant proposes to construct the dwelling house, pool and shed predominantly within the existing cleared area. The clearing of the vegetation is required to site the rear of the house, effluent disposal and to create a 28 metre Bushfire Asset Protection Zone which is required to safely locate the dwelling and comply with bushfire requirements.
It is noted that the exemption for bushfire clearing enables the applicant to remove vegetation, which is supported by The Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021.
It is considered the proposal complies with the Performance Outcomes of the Code as the Dwelling, pool and shed are sited within the section of the lot which will require the least amount of clearing on site, and the footprint is minimising the clearing of vegetation. Therefore, the proposal protects the existing habitat areas and ecological linkages and requires the lowest impact on the existing riparian vegetation, waterways and wetland habitat values.

Figure 7 –Biodiversity, Waterways and Wetlands Overlay Map
Koala Habitat
The Planning Regulation 2017 Part 10 details Koala Habitat in SEQ region with a requirement that interfering with koala habitat is prohibited development if it is within Koala Priority Area unless it meets the exemptions stated within the Planning Regulations.
The application material demonstrates that this is an exempted development as per Planning Regulation 2017 Schedule 24 sections:
(k) being total area on the premises of 500m2 or less of 1 or more koala habitat areas being cleared, and
(n)(vii) development that is or involves operational works that is the clearing of native vegetation in a koala habitat area if the clearing is necessary for essential management and is qualifying clearing.
Due to these exemptions the application is determined to be an exempt development as the application is proposing to clear approximately 300m2 for the dwelling house (which is less than the 500m2 of clearing permitted under Schedule 24(k) of the Planning Regulation 2017).
In addition, the applicant has provided a Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021that demonstrates a 28m wide asset protection zone to achieve a BAL29 rating is required (necessary clearing for essential management Schedule 24(n)(vii)).
The additional infrastructure proposed (shed and effluent treatment system) is located within the asset protection zone and requires no additional clearing.
Bushfire
The application includes a Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021 as required under the Noosa Plan 2020 as it is mapped as a Bushfire Hazard Overlay and identified as a High Bushfire Hazard for the majority of the site with a small easterly section being classified as Potential Impact Buffer Area. This land is also classified as a Very High Bushfire Hazard Area under the State Planning Policy (SPP) bushfire hazard mapping. As previously noted, the applicant has provided a BHA which demonstrates the extent of necessary clearing required for a suitable asset protection zone.
Landslide Hazard
As per figures 8 and 9, unapproved earthworks occurred on land identified as being a moderate landslide hazard by the Landslide Hazard Overlay Map. The unapproved earthworks have been acknowledged by an amended slope stability report provided by the applicant. Moreover, the earthworks are within 3m metres of the dwelling, pool and shed and are therefore covered by the Building Certifier.

Figure 8 –Unlawful Earthworks

Figure 9 – Unlawful earthworks, sediment and erosion
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environmental Officer, Development Assessment
Development Engineer, Development Assessment
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 MCU21/0174  for a Material Change of Use - Dwelling house situated at 11 Senegal Rise Doonan Qld 4562 and described as Lot 120 RP 887986, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0174
Street address:	11 Senegal Rise Doonan Qld 4562
Real property description:	Lot 120 RP 887986
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.	Rev.	Plan/Document Name	Date
A102	D	Proposed Residence & Build Envelope, prepared by Costa Homes	29.11.21
A102	B	Stormwater Management Plan, prepared by the applicant	08.11.21
Currency Period
This development approval lapses if the use has not happened by 23 December 2027, 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 $15,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the prestart meeting. 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.
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Erosion and sediment control works.
Landscape works including vegetation retention and removal.
Other relevant parties.
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
Built Form
The maximum height of the development must not exceed the maximum height shown on the approved plans.
The shed must be painted in muted tones which blend in with the surrounding natural environment.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Bushfire Management
The development must be carried out in accordance with the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021.*
*(Refer to Advisory Note)
In accordance with the approved the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021and Ecological Assessment Report, prepared by Daniel Willis 30 September 2021- Figure 9, a 28 metre wide asset protection zone around the main dwelling building must be maintained on the site which is kept free of:
grass understoreys
shrubs and small trees
large trees that have continuous or overlapping canopies with other  large trees
trees that overhang dwellings or structures
dead branches and loose bark; and
woodpiles, combustible material storage areas, large quantities of garden mulch or any other form of stacked flammable materials.
A copy of the Bushfire Hazard Assessment Report, prepared by Daniel Willis 19 July 2021 must be provided to the nearest fire authority.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(Refer to Advisory Note)
Environment
Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must not be released from the site or to waters within the site, or be likely to be released should rainfall occur, unless all reasonable and practicable measures are taken to prevent or minimise the release and concentration of contamination.
Erosion and sediment control measures must be installed and maintained to minimise erosion on the site and to minimise the export of sediment and associated pollutants from the site. The erosion and sediment control measures must be designed, installed and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
Limit soil exposure on the site to a distance of no more than 2m beyond the extent of earthworks shown on the approved plans except where the exposed soil is effectively stabilised without delay and prior to rainfall occurring
Vegetation Retention
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
A “no clearing zone” must be established and maintained over the land area identified as outside of the 28m wide asset protection zone detailed within the approved Bushfire Hazard Assessment. The following activities must not be carried out within the ‘no clearing zone’:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
Vegetation areas for protection during construction must:
Be protected with a 1.8m high temporary safety fence (or temporary barrier mesh/three-strand wire with pickets at 3m centres).
Have the fence installed prior to the prestart meeting and maintained for the entire period of construction.
Have ‘Exclusion Zone’ signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the ‘no clearing zone’ except to undertake approved rehabilitation activities.
Vegetation Removal
Vegetation removal must be supervised and undertaken in accordance with the approved reports (Bushfire Hazard Assessment and Ecological Assessment Report).
All tree and vegetation removal works must be undertaken by a qualified person*, ensuring all vegetation to be removed falls within the approved clearing zone and does not fall within the ‘no clearing zone’ to protect the retained vegetation.
*(Refer to Advisory Note)
Vegetation removal must:
Have vegetation and mulch stockpiles removed from the site.
Conclude with the area being stabilised against erosion.
*(Refer to Advisory Note)
Prior to commencement of use, a suitably qualified* person must certify compliance of approved vegetation removal as per the approved reports (Bushfire Hazard Assessment and Ecological Assessment Report)*.
*(Refer to Advisory Note)
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Fencing
Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement of fauna.  Such fencing must:
allow adequate clearance at ground level for local macropods
not include any use of barbed wire or similar materials
provide regular opportunities for passage over and through
be agreed by Council
ENGINEERING
Property Access and Driveways
A residential driveway/crossover must be constructed to the property from Senegal Rise. The works must be undertaken in accordance with a Road Reserve Permit approval unless the crossover is considered non-standard1, in which case the works must be undertaken in accordance with an Operational Works approval.
1(Refer to Advisory Notes)
Access to the proposed shed on the western side of the property must only be obtained via an internal driveway stemming from the crossover of 11 Senegal Rise generally in accordance with Rev D of the Proposed Residence & Build Envelope Plan (as prepared by Costa Homes).
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 generally in accordance with Rev D of the Proposed Residence & Build Envelope Plan (as prepared by Costa Homes).
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Geotechnical Stability
All future dwellings, structures and services on the lot must be constructed in accordance with the recommendations contained in the Geotechnical Investigation and Proposed Slope Stability and Retaining Wall Report (Letter 01 Rev 0) and subsequent Geotechnical Memo (SIR 01 Rev 0) as prepared by Arcos Consulting.
Earthworks and Retaining Walls
All earthworks associated with the construction of the proposed dwelling, shed and pool must be certified by the Building Certifier (and contained within 3m of these buildings/structures). Any earthworks outside of this area must be undertaken in accordance with an Operational Works approval.
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.
All earthworks and retaining structures must be undertaken in accordance with the recommendations of the Geotechnical Investigation and Proposed Slope Stability and Retaining Wall Report (Letter 01 Rev 0) and subsequent Geotechnical Memo (SIR 01 Rev 0) as prepared by Arcos Consulting.
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:
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
Qualified Person
Qualified Person, for the purpose of:
Preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Co-ordination of Operational Works Assessment
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.
Vehicle Crossover
A residential vehicle crossover is considered non-standard if it is not constructed in accordance with Councils standard drawings RS-049 and RS-050, or if its construction impacts on other infrastructure or street trees. Please refer to the Noosa Council website for a Crossover Information Pack to determine whether a crossover design is standard or non-standard.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
MCU21/0174 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU21/0174 and any associated Operational Work approvals.
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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