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Town Planning Report
14/02/2022 Noosa Council PO Box 141 TEWANTIN QLD 4565 RE: Material Change of Use and Concurrence Agency Referral AT: 907 Neusa Vale Road Kin Kin Lot 3 on RP43514 SBA #15509 We request on behalf of our client, approval to site a proposed dwelling house and shed with side boundary setback 8380mm (shed) and 8980mm (garage) in lieu of 10000mm. The proposed dwelling house and shed triggers an MCU for being within 200m of land mapped as Agricultural Land Conservation Area within the Rural zone, AO2.4 and AO8 setbacks of the 6.8.3 Rural Zone Code. Please see the attachment for the owner’s reason for the location of the dwelling house and shed for consideration. To ensure compliance with the Noosa Plan 2020 and 6.8.3 Rural Zone Code Performance Outcomes to the PO2 and PO8, the proposed dwelling and shed is sited to maintain the amenity of adjacent land and dwellings having regard to: PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area. Editor’s Note—Agricultural Land Conservation Areas are shown on the Agricultural Land Overlay Maps in Schedule 2 Response: The proposed is for a dwelling house and shed is located on a large Rural lot which proposed dwelling house and shed located close to the side boundary and with accesses to a road however will be setback a sufficient distance from the side boundary to maintain the productive capacity of the adjoining lot and within 200m radius. Sufficient space around the proposed dwelling house and shed is available for landscape screening if required. Other houses have been established within the 200m radius of the Agricultural Land Overlay in the area.
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Page 2
Aerial View 200m radius (Nearmaps June 2021)
Setbacks
PO8
Notwithstanding that intensive rural activities may need greater separation distances,
buildings and other structures are appropriately sited and designed to:
a) 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;
b) avoid adverse impact on ecologically important areas including National Parks,
watercourses, and wetlands;
c) mitigate risks associated with the use of chemicals or air pollutants; and
d) avoid conflict with rural uses and activities on adjoining properties.
Editor's note- For uses that are subject to impact assessment, required setback and separation distances will vary with the scale
and type of rural activity. Relevant factors that will be taken into account when determining appropriate distances include the
type and scale of buildings and structures proposed, the use of buildings and structures, construction methods, level of
containment and ventilation, potential noise, odour or air pollutant nuisance, topography, climatic variables, existing vegetation
between land uses, and a range of management practices that can be employed to mitigate off-site impacts.
Page 3
Response:
(a) The proposed shed and garage are to be located to avoid environmental harm
or nuisance to sensitive land uses. No amenity will be impacted, and the
setback would still maintain the Rural character.
(b) The proposed shed and garage to be located to avoid environmental harm or
nuisance to sensitive land uses.
(c) The shed and garage setback to the side boundary would allow sufficient
space for landscape screening to protect the non habitable shed from any
chemical over spay.
(d) The shed and garage setback to the side boundary would allow sufficient
space to avoid conflict with the adjoining lots rural activities.
The proposed dwelling and shed aims to maintain the Rural character and is to be
located so that the Agricultural activities can be maintained in the area. We request
that Council decide on the proposed dwelling house and shed with reasonable and
relevant conditions.
Should you require any further information regarding to above please do not hesitate
to contact the office on the above numbers or email any further requests.
Yours faithfully
Richard Holden
Building Certifier
Page 4
Attachment: Owners’ reasons to build the house in the left hand corner of the property: 1. It is close to an existing power pole, extending the power to the non agricultural are will be prohibitively expensive. To get the power line extended to the overlay free zone will cost at least $100k based on an estimate from at local electrician. 2. It will have a minimal impact on the block - Building a safe road for cement trucks and vehicles to go down the slow to the non agricultural overlay area will not only be prohibitively expensive, but a safe switchback road will destroy much more agricultural land than what the house pad will. 3. The topography of the non agricultural area is not well suited for a dwelling. 4. The fire risk in the non agricultural area is much higher for a dwelling. 5. Flood management and water damage risk in the non agricultural area in the valley is much higher for a dwelling. 6. The proposed building site is on mostly flat land, minimising the earthworks that have to be done in the property. The overlay free zone is a lot steeper, and will require much more expensive earthworks and much more damage to the property. 7. The proposed site gets a constant sea breeze, that means we can built a more energy efficient house that will not require much air conditioning. 8. The overlay free zone is identical to the rest of the agricultural overlay, it is grassland, fit for cattle, so it will make no difference whether a house is built on the overlay free or overlay section, the same amount of pasture will be lost. 9. The overlay free zone has no views, the corner of the proposed site on top of the hill has amazing views of the whole property, as well as the whole valley system to the left. 10. The overlay free zone is in the exact spot of the beginning of the water catchment area of the entire valley system, any run off from a building site there, and house will flow firstly into the dams and then into neighbouring dams/ water system. 11. The overlay free zone is much closer to the Koala habitat area that the proposed site. 12. From a financial and practical perspective, building at the entrance makes the most sense, it will be a lot cheaper as access will be easier, and the resale value in the future.