Delegated Report - Code - Planning MCU21 0208

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0208
Applicant	Metricon Homes (Qld) Pty Ltd
Proposal	Material Change of Use - Dwelling house and existing Dwelling to Secondary Dwelling
Properly Made Date	1 December 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	27 January 2022
Report Completed Date	21 January 2022
Report Reviewed By	Will Koschade, Development planner

PROPERTY DETAILS
Property Address	12 Figbird Ct Lake Macdonald Qld 4563
RP Description	Lot 5 SP 260164
Land Area	9749m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay Potential Impact Buffer Regional Infrastructure Overlay Water Resource Catchment Water Supply Buffer Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.
The proposal comprises constructing a dwelling house and changing the classification of the existing 81m2 dwelling to a secondary dwelling. The proposed dwelling house contains a double garage, kitchen, dining and living area, 3 bedrooms, media room, study, laundry, bathroom, ensuite and outdoor room over one level. The proposed secondary dwelling includes 2 bedrooms, kitchen, dining/living area and a double garage which contains a laundry.
The proposed secondary dwelling is 81m2 and therefore does not comply with 65m2 require by AO3 of the Low Density Housing Code.
It is also noted that the proposed secondary dwelling is located with the Riparian Buffer Area as shown on the Biodiversity, Waterways and Wetlands Overlay Map and Water Resource Catchment and Water Supply Buffer as per the Regional Infrastructure Overlay Map. Notwithstanding the conversion of the dwelling to the secondary dwelling does not trigger assessment of the Regional Infrastructure Overlay Code.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Proposed Dwelling Floor Plan

Figure 3 – Proposed Dwelling Floor Plan

Figure 4 – Proposed Dwelling Elevations
site details
Background
A Reconfiguring a Lot – Boundary Realignment received Council approval on 28 November 2012 (REC12/0080).
The existing dwelling received building certification in 2013 (PC13/1986). The existing dwelling is proposed to be converted to a secondary dwelling.
Site Description
The subject site comprises 9749m² and is of an irregular shape. The property is free of native vegetation and slopes from the western property boundary in an eastern and southern direction. A dwelling house and shed currently exist to the rear of site and access is provided via a driveway from Figbird Court.
Surrounding Land Uses
The surrounding land uses comprise dwelling houses on large blocks with dense vegetation and are typical of the rural setting.
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; and
Regional Infrastructure Overlay Code
The subject site is located in Lake Macdonald 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 8/9 metres	1 storeys 5.626 metres	
Gross floor area	500m2 max Secondary Dwelling 65 m² max	251m2 81 m²	X
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 6 metres min 6 metres min 6 metres min	40 metres 10 metres 39 metres 9.1 metres	
Carparking	2 covered min 1 uncovered min	4 covered 0 uncovered	
Secondary Dwelling - Gross Floor Area
PO3
A secondary dwelling:
forms part of a dwelling house and is not subdivided from the balance of the dwelling house;
contributes to housing choice for members of the one household;
protects the low density residential, rural residential or rural character of the zone;
does not occur on a property covered by a Building Unit Plan or any property already containing more than one dwelling;
is accompanied by sufficient car parking.
The proposed secondary dwelling is located at the rear of a rural property and is located 34 metres from the neighbouring dwelling to the north. It is also noted that the subject site is buffered by dense and mature vegetation to the east and west which is demonstrated in figures 6, 7 and 8. The proposal is therefore determined to maintain the rural character of the property.
Moreover, the subject site is not covered by a building unit plan and only a single dwelling exists on the property. The proposed dwelling exhibits a gross floor area of 150m2 which is 69m2 greater than the existing proposed secondary dwelling. The proposed dwellings are also located approximately 10 metres apart and as such maintain the balance of the dwelling house.
Further, the proposed secondary dwelling and dwelling each contain a double garage. Thus, providing sufficient car parking.
The proposed secondary dwelling is considered to comply with Performance Outcome PO3 of the Low Density Housing Code.

Figure 5 – Rural setting of the subject site

Figure 6 – Rural setting of the subject site

Figure 7 – Entrance to 12 Figbird Lane, Lake Macdonald
Riparian Buffer Area
The proposed secondary dwelling is located on land identified by the Biodiversity, Waterways and Wetlands Overlay Map as a Riparian Buffer Area. Refer to figure 5 below.
Acceptable Outcome AO6.1 of the Biodiversity, Waterways and Wetlands Overlay Code seeks that development and clearing of vegetation does not occur within:
a riparian buffer area;
a wetland area; or
10 metres either side of the centre line of other waterways identified on a Biodiversity, Waterways and Wetlands Overlay Map.
The applicant proposes to convert the existing dwelling to a secondary dwelling and does not propose building works or the clearing of vegetation. The proposal therefore complies with AO6.1 of the Biodiversity, Waterways and Wetlands Overlay Code.
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 MCU21/0208 for a Material Change of Use - Dwelling house situated at 12 Figbird Ct Lake Macdonald Qld 4563 and described as Lot 5 SP 260164, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0208
Street address:	12 Figbird Ct Lake Macdonald Qld 4563
Real property description:	Lot 5 SP 260164
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 and existing Dwelling to Secondary Dwelling
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
1B	.	Contour Survey Plan, prepared by Metricon	24/8/2021
1B	.	Contour Survey Plan, prepared by Metricon	24/8/2021
2	.	Floor Plan, prepared by Metricon	22.20.21
3	.	Elevations, prepared by Metricon	22.20.21
4	.	Elevations, prepared by Metricon	22.20.21
5	.	Section, prepared by Metricon	22.20.21
.	.	Site Plan, prepared by ACCOLADE Building Design & Drafting	11.03.2013
1	.	Floor Plan, prepared by ACCOLADE Building Design & Drafting	11.03.2013
Building Height
The maximum height of the development must not exceed the height demonstrated in the approved plans.
Currency Period
This development approval lapses if the use has not happened by 21 January 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 $2,500 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 Development
The secondary dwelling must not exceed a gross floor area of 81m2.
Landscaping
Existing trees on the site must be retained
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.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
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 on line at www.noosa.qld.gov.au or at Council Offices.

[word/footer1.xml]
Page 4 of 6

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
116200 AHD

GL

CUT.
FILLZom™
FL

 

400 WM

 

116585 AHD

 

   

‘SW. NOTES:

STORMWATER DRAIN & DOWN PIPE LAYOUT
SHOWN IS INDICATIVE ONLY. PROVIDE. MINIMUM
SOMM DIA U.P.C. STORMWATER DRAINS WITH

NOTE: SUP COUPLINGS

REQUIRED FOR ALL “H", “P" & “E SOIL CLASS
SITES. REFER TO ENGNEERS SPECIFICATIONS
FOR FURTHER INFORMATION.

 

WIN 1:100 FALL CONNECTED TO LEGAL POINT
(OF DISCHARGE. PROVIDE 100MM DIA SEWER’
QUALITY U.P.V.C, DRANS TO UNDERSIDE OF
GARAGE CONCRETE SLAB, PROVIDE COVER TO
ALL DRAINS AS PER AUSTRALIAN STANDARDS.
GRADE SOIL AWAY FROM PERIETER OF
BUILDING TO. AVOID PONDING.

 
  

 

 

     

NOTE: PROVIDE ALL BATTERS
AT MINIMUM. 1:2 (UNO)

 

 

NOTE: PRELIMINARY SERVICES/AS—CONS
-AS~CONSTRUCTED SERVICES INFORMATION. WAS
NOT AVAILABLE AT TIME OF SURVEY, SERVICES
‘SHOWN ARE APPROXIMATE ONLY. SITING IS
SUBJECT TO RECEIPT OF AS~CONS, AND
CONFIRMATION OF SEWER/STORMWATER
LOCATIONS,

 

 

SITE COVER: 2.11%

Not part of this BA|

 

COVENANT APPLICABLE:
N/A

 

 

 

Not part of this BA

EXISTING SHED-
wr 4 70.947
3 BeoTsT Comer not
yy % ‘surveyed
. 52943

 

 

 

 

 

 

9965

 

    
 
     

 

NOTES: EXCAVATION

BUILDER TO EXCAVATE de SPREAD FILL OVER
REMAINING BUILDING AREA TO LEVEL. LEVELS
[ARE APPROX. & MAY VARY TO SUIT” SITE
CONDITIONS (UNO)

EXCAVATIONS TO START MIN 1200mm FROM
BUILDING. EMBANKMENT BATTER MUST NOT BE
STEEPER THAN 45° & MUST NOT EXTEND
BEYOND TITLE BOUNDARY (U.N.O).

IF REQURED BUILDER TO PROVO ORWEWAY
ACCESS CUT AT MAK. GRADENT OF 1:5 (UNO)

IF CONCRETE DRVEWAY IS NOT PROMIDED I IS
THE CUSTOMERS RESPONSIBLITY TO PROVIDE A
GRATED DRAIN ACROSS GARAGE OPENINGS
WHERE REQUIRED TO AVOID PONDING.

 

 

APPROX. LOCATION OF FUTURE
DRIVEWAY (CENTERLINE MAX. 15
AVERAGE GRADIENT) WITH
CROSSOVER TO LOCAL COUNCIL
REQ (BY CUSTOMER)

 

 

 

 

RO

  

S.0.

SEECUEIVUEE

Vor ce, en oom
“WON: 053189496 [a
oN
ROOFWATER DISCHARGE TO:
Rainwater Storage Tanks

*Stormwater to be discharged so as to not cause erosion
‘or nuisance to adjoining properties

+Stormwater system to comply with AS3500 Part 3.

*A\l other details to Local Government Requirements

 

Note: Exisitng sheds on site not part
lof this building assessment or
building approval. Not to be used a

 

 

lseparate accomodation.

 

    
  


[Attachment: image3.png (image text)]
 

   
 
  

 

 

 

 

 

 

 

 

   

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 
 
 
 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WALL MOUNTED: ‘APPROX. LOCATION 3 1080
GAS HU OF ELEC SOLAR gay (cLaD. 20 oe so
492, reat
FLUSH EAVE 18-06 PRES al | cal" srigars
dL 1-18 | OF 09-06 meer X7Z0P beau | 1
|610 it } fi ria
bog \ 2600. BEI eco -¥ , LINEA,
6 WEATHERBOARD
le ll & PAM OF HEAD | I i] | Seon
J} tg oN B H - 2600. BYEAD L.
3 x 1 gS
2 a BED | oof
Is z r [ a RK
omg! oa" Fe
ls WIRS R
| 4 lz |
oF ce \ \ 2430-1087 I |
| x ENTRY 8150/ \y (rperyer
HEa[E | ne) wo} PORTICO
ga" WIT BEAM OVER -2N0_140X 140MM
BED 2 “8 Rice AR a Thee Pus Ov
8 /
3 ALY STIRRLPS
sD xf — N
8 a Dowpue secriow—~l <P I!
1 So OVEREAD DooR S| | Post
86 820
a =| |
ie 2 No sterbomv70 Banc. SLAB FLook f+
t % i ASTESBOARD LINE CEILING
Sfp SOY we p<]<e BED > EREpRYEE Arssecoxotnonats— fll |
ayes 2130-887 12-15 ;
| a7 ala nay St 7 Soi
8 ae g
oP, 8, 32] a0 ae
a Pte |
2-18 FLUSH EAVE

 

T
23570


[Attachment: image4.png (image text)]
9000

9160 sooo

 

 

 

 

  
 

 

 

50
RAG

13000-

 

 

4000

 

0 ” 90 0 0
T—"__ te
sit
st
Portal Framed ShediGarage
Secon
DininglLiving
Steel Framed Dwelling
250m soe youd i
— J a
wa 212i ‘sis
AW 80 1s
Covered Patio
sadn some
Fag aan Sue

 

 

 

 

 

 

 


[Attachment: image5.png (image text)]
‘LINEA WEATHERDOARL CLADDING
0 DUICH GABLE (REFER TO DETAIL
5-TYP-INFI-O1 TYPE B)

   
   
 
 

  
   
        
  
 

  

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
  
     
 

PORTICO CEILING
FIRE RESISTANT TIMBER $T0PS TO FEIGETT 10 TOP OF
FRONT ELEVATION EXTERNAL ENTRY DOOR FRAME
SELECTED, ‘CORNERS AND WINDOWS
4D UNTES LINEA WEATHERBOARD
FLUSH EAVE To: ecree fort ‘CLADDING
SIDE OF GARAGE ____FACADE DETAIL — ft _ y
=e = Is
= ES |, Is
Is ip
ge BSls oak
2 SEsl> Bis Sie
Slxe SESls SB ke
Bee > “gs. ee
ee = 8 sik Is
s lls) -
6.585 AHD ee — — - — =F _ 8
6.200 AHD U C oF 3
2NO_140XAOMM TIMBER POSTS 8
i -ALUMINIM FULL SASH 8
OREO DO” NOY STRRUTS Wi 220K TENURE ENED AWNING WINDOWS 70
BOTTOM W/ MITRED CORNERS 208 W/ SELECTED FRONT ELEVATION ONLY
FLAT PROFILE TILES AT
26 DEG, PITCH 2700
W/ SARKING UNDER +— oe,

200
WeRCE)

OLORBOND
TERS EXPOSED PORTICO
oun BEAM REFER TO
FACADE DETAIL

  

FLUSH EAVE

  

3058

WVERAGE WALL FT

 
 
 

2120
WIN HEIGHT)

 

FACE BRICKWORK ALUMIN DOOR FRAME
‘2NO_140X |4ONM TIMBER POSTS
ELEVATION B. loa SURES WE

era ry RaNeern rae

   

WEATHERBOARD

   
 
   


[Attachment: image6.png (image text)]
— FLUSH AVE To

 

 

   

 

    
    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Se OF ARNG
et
& SIZ
~ |= FF.L.116.585 AHD
7 — G.L. 116.200 AHD
OF OF
‘ALUMIN. SLIDING DOOR \— TIMBER FRAMED HOLLOW
/I- DECAL AND CORE. NAL DOOR
:CTED INFILL ABOVE Wee ED INFILL
ELEVATION C.
APROX, LOCATION oF
ELEC. SOLAR PANELS:
2700 T FLAT PROFILE TILES AT
(GABLE) Ae LE
vacate | fi SRN oes
Q ~| ben VIII NY TINV NVA
NERS" I - SELECTED COLORBOND
l= EXPOSED PORTICO BEAM FASCIAS & GUTTERS
— Ree TO FACADE CETAL mee
‘ ia
& id I
— So =e} — —-—-—--+ === a
) INEA, ” oy Le
1080 > . FACE BRICKWORK ALUM AWNING
gs 7 HE ieee og