Delegated Report - Code - Planning MCU22 0021

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0021
Applicant	Daniela Erasmus Pieter Rasmus Erasmus
Proposal	Material Change of Use - Dwelling house
Properly Made Date	14 February 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	23 May 2022
Report Completed Date	24 May 2022
Report Reviewed By	Patrick Murphy 24 May 2022

PROPERTY DETAILS
Property Address	907 Neusa Vale Rd Kin Kin Qld 4571
RP Description	Lot 3 RP 43514
Land Area	28.4 hectares
Existing Use of Land	Vacant Lot

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 High Potential Bushfire Intensity Medium Potential Bushfire Intensity Potential Impact Buffer Landslide Hazard Overlay High Hazard Area Moderate Hazard Area Core Koala Habitat Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The proposal consists of a dwelling house, garage and shed. The dwelling house includes three bedrooms, living area, dining, area, kitchen, laundry, deck, pool and two-car garage. The application has been triggered due to setbacks and being within 200 metres of an adjoining property in the Agricultural Land Conservation Area.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Dwelling House Floor Plan

Figure 4 – Garage Floor Plan

Figure 5 – Shed Floor Plan

Figure 6 – North and West Elevations

Figure 7 – South and East Elevations

Figure 8 – Garage Elevations

Figure 9 – Shed Elevations

site details
Site Description
The subject site is an irregularly shaped 28.3-hectare lot situated in Kin Kin. The subject site exhibits a steep hill terrain. A mapped waterway runs through the western section of the property and the northern half of the property is in a mapped area of biodiversity significance. The site is accessed via an access easement from Neusa Vale Road.

Figure 10 – Site Contours

Surrounding Land Uses
The subject site is surrounded by similarly sized rural lots. Surrounding properties also exhibit steep hill terrains and are heavily vegetated.
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;
Works Codes.
The subject site is located in Kin Kin 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 6.2 metres (house) 5.8 metres (garage) 5.8 metres (shed)	
Gross Floor Area	500m2 max	400m2	
Boundary setbacks Frontage (western boundary) Side (southern boundary)	10 metres min 10 metres min	22 metres 8.38 metres	X
Carparking	2 covered min	2 covered	
Agricultural Land Overlay
Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code require that no sensitive land use is within 200 metres of an adjoining property in the Agricultural Land Conservation Area. The proposed dwelling is located in mapped Agricultural Land Conservation Area and is within 200 metres of adjoining properties in the Agricultural Land Conservation Area. Corresponding Performance Outcomes PO2 and PO8 seek to retain agricultural land and avoid conflict with rural uses and activities on adjoining properties. The proposal is considered to comply with the Performance Outcomes as it is situated in a location that will have minimal impacts to adjoining properties. While the dwelling and associated structures could be moved to be out of Agricultural Land, this would require the structures to be sited in an area of biodiversity significance, which is not preferable. There is a small section of the subject site that is not located within the biodiversity, waterways and wetlands overlay or the agricultural land conservation area, but due to the topography of the site this section is not ideal for the construction of the dwelling.

Figure 11 – Agricultural Land Conservation Area

Setbacks
The proposed dwelling house and shed are located 8.98 metres and 8.38 metres respectively from the southern boundary, in lieu of the minimum 10 metres required by Acceptable Outcome AO8.4 of the Rural Zone Code. The proposed dwelling house and shed will be located on existing building pads in the south-western corner of the site. The proposed dwelling house and shed have been located in order to better access the site and due to the slope of the site. The setback variation is considered inconsequential and will not have any adverse impacts on surrounding properties.

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 MCU22/0021 for a Material Change of Use - Dwelling house situated at 907 Neusa Vale Rd Kin Kin Qld 4571 and described as Lot 3 RP 43514, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0021
Street address:	907 Neusa Vale Rd Kin Kin Qld 4571
Real property description:	Lot 3 RP 43514
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
A002	E	Partial Site Plan, prepared by Natani Design	10/05/2022
A003	E	Partial Site Plan – Main House, prepared by Natani Design	10/05/2022
A101	E	Main House Floor Plan, prepared by Natani Design	10/05/2022
A102	E	Garage Floor Plan, prepared by Natani Design	10/05/2022
A120	E	Shed Floor Plan, prepared by Natani Design	10/05/2022
A201	E	Elevations – Main House, prepared by Natani Design	10/05/2022
A202	E	Elevations – Main House, prepared by Natani Design	10/05/2022
A203	E	Elevations – Garage, prepared by Natani Design	10/05/2022
A204	E	Elevations – Shed, prepared by Natani Design	10/05/2022
A210	E	3D Views – Main House & Garage, prepared by Natani Design	10/05/2022
A211	E	3D Views – Shed, prepared by Natani Design	10/05/2022
A212	E	3D Views, prepared by Natani Design	10/05/2022
A301	E	Sections, prepared by Natani Design	10/05/2022
Building Height
The maximum height of the development must be generally in accordance with the approved plans.
Currency Period
This development approval lapses if the use has not happened by 23 May 2028, 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 $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 of Use
The premises must be used in accordance with The Noosa Plan definitions for a Dwelling house and must be for the exclusive use of one household only.
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.
Earthworks
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 45,000 litres.
A separate water supply for firefighting 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:
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 online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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