Delegated Report - Code - Planning MCU22 0156

Author	Planning Advisor, Kerri Coyle
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0156
Applicant	Lisa Maree Micolich
Proposal	Material Change of Use - Dwelling house
Properly Made Date	6 September 2022
Information Request Date	28 September 2022
Information Response Date	14 October 2022
Decision Due Date	5 December 2022
Report Completed Date	29 November 2022
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	56 Reserve St Pomona Qld 4568
RP Description	Lot 188 MCH 1261
Land Area	12140 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a dwelling house to be built to 7m from the side boundary instead of 15m from land zoned Environmental Management and Conservation and that they be permitted to provide for uncovered car parking on site.
It is noted that some clearing may be required to achieve the asset protection zone recommended by the applicant’s bushfire management report
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site is zoned Rural Residential and is mostly vegetated apart from an existing cleared access into the site and area on the site’s northern boundary where the dwelling is proposed to be located.  A waterway traverses generally through the middle of the site, running from west to east.
The site is accessed via a state controlled road and accordingly the application has been referred to SARA as a referral agency.
The site is connected to water and sewerage.
Surrounding Land Uses
The surrounding area has been developed for mostly dwellings, though a football ground and a nursery are located further south of the site well away from the property.
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;
The subject site is located in Pomona 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 proposed dwelling is consistent with the zoning intent to provide for low density, semi rural living on large allotments.
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 and 9 metres to  pitch	1 storey 6 metres	
Boundary setbacks Frontage Side (north) Side (south) Rear	10 metres min 15m metres min adjoining land in Environmental management and conservation zone 10 metres min 10 metres min	46 metres 7 metres 63 metres 71 metres	X
Length of wall	15 metres max	Less than 15 metres	
Carparking	2 covered min	No parking shown on plans	X
Setback from land zoned Environmental Management & Conservation
Performance Outcome	Acceptable Outcome
PO6 Buildings and other structures are designed and sited 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.	AO6.4 Outside the circumstances of AO6.1, AO6.2 and AO6.3 above, buildings and structures meet the following minimum boundary setbacks: 15 metres from a property boundary adjoining land in the Environmental management and conservation zone; 40 metres from mean high water spring of a waterway or as otherwise prescribed through the Queensland Government Erosion Prone Area Maps; 10 metres from the road frontage; 10 metres from the side and rear boundaries or 6 metres where the lot area does not exceed 1 hectare, with the exception that if the height of the building or structure exceeds 9 metres the setback to the side and rear boundaries is equal to twice its height in metres.
The proposed dwelling complies with setbacks apart from the proposed 7m setback to the northern boundary which adjoins land zoned Environmental Management and Conservation.
The proposed dwelling has been sited in the most practical location on the property being clear of significant vegetation and in area that is partially outside the mapped flood area.  The proposed reduction to the setback will still provide sufficient separation to the neighbouring property when a house is built in the future.  The reduced setback will also not comprise any ecological values in the area zoned Environmental Management and Conservation with this area mostly cleared of vegetation and located clear of any overhanging branches or the like.
Car Parking
Performance Outcomes	Acceptable Outcomes
PO7 Sufficient car parking is provided to accommodate the number of vehicles likely to use the site.	AO7 Car parking is provided in accordance with Table 9.4.1.4 of the Driveways and parking code.
The Driveways and Car parking code requires all dwellings to have a minimum of 2 covered car parking spaces.  The proposal plans do not show any covered or uncovered parking spaces on site, though there is sufficient space in the driveway area for 2 cars to park.
A condition will be included to ensure an area is identified on site for 2 cars to park, consistent with the performance outcome PO7 of the Low Density Housing code above.
Overlays
Some minor clearing of the area mapped as Riparian buffer and/or area mapped as Biodiversity Significance may be required to achieve the recommended width of 9m for an asset protection zone.
A condition will also be imposed requiring the works recommended by the Bushfire Management Plan to be undertaken, as well as construction of the dwelling to the required minimum floor height of 92.6m AHD.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the dwelling house being within 25m of a state controlled road.  The Department has responded on 4 November 2022 advising that conditions must be attached to any approval which specify the access location, and the required access works.
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 MCU22/0156  for a Material Change of Use - Dwelling house situated at 56 Reserve St Pomona and described as Lot 188 MCH 1261, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0156
Street address:	56 Reserve St Pomona Qld 4568
Real property description:	Lot 188 MCH 1261
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
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
WD001	C	House location plan prepared by Soul Space	10 Oct 2022
WD101	C	Site Plan prepared by Soul Space	10 Oct 2022
WD102	C	Floor Plan prepared by Soul Space	10 Oct 2022
WD103	C	Roof Plan prepared by Soul Space	10 Oct 2022
WD201	C	Elevations prepared by Soul Space	10 Oct 2022
WD202	C	Sections prepared by Soul Space	10 Oct 2022
WD203	C	Sections prepared by Soul Space	10 Oct 2022
WD401	C	Views prepared by Soul Space	10 Oct 2022
An area sufficient for 2 cars to park on site must be identified and made available at all times for car parking.  This area must be located in an existing cleared area and setback a minimum of 10m to the road frontage and all other boundaries.
Currency Period
This development approval lapses if the use has not happened by 29 November 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 $5000 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.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 9 metres of the building footprint.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be 92.6m AHD.
Bushfire Management
The development must be carried out in accordance with the recommendations of the Bushfire Management Plan prepared Wollemi Eco-Logical, project reference 22149, and dated 14 October 2022, including;
an asset protection zone of 9m to the east, south and west of the dwelling;
vegetation management of the required asset protection zone to minimise fuel availability and reduce connection to the building in accordance with section 3.3 of this report.
A copy of the Bushfire Management Plan V1, prepared by North Coast Environmental Services dated 11 November 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.
Water & Sewer Connections
An underground connection to reticulated water and sewerage must be provided to the dwelling house in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
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.
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.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 – land within 25m of a State transport corridor	The agency provided its response on 4 November 2022 (Reference No. 2209-31135 SRA). A copy of the response is attached

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 on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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