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Town Planning Assessment Report

Attached to the e-mail Response to Action Notice MCU21/0219 - 163 Upper Pinbarren Creek Road Pinbarren.

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      Town Planning
      Assessment Report
      163 Upper Pinbarren Creek Road, Pinbarren

      Development Permit for Material Change of Use of Premises to establish
      Caretaker’s Accommodation




      December 2021
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Page 2

Table of Contents
1.       SITE AND APPLICATION SUMMARY ................................................................................................................ 3

2.       PROPOSAL.............................................................................................................................................................................. 4

3.       BACKGROUND.................................................................................................................................................................. 6

4.       SITE DETAILS ........................................................................................................................................................................ 7

      4.1.        SITE DESCRIPTION ....................................................................................................................................................... 7

      4.2.        SURROUNDING USES.................................................................................................................................................. 7

5.       ASSESSMENT REQUIREMENTS............................................................................................................................... 8

      5.1.        FRAMEWORK FOR ASSESSMENT .............................................................................................................................. 8

      5.2.        ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 .................................. 8

      5.3.        ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME.................................................... 9

      5.3.1.           DEFINITION............................................................................................................................................................... 9

      5.3.2.           LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS................................................................... 9

      5.3.3.           ASSESSMENT BENCHMARKS ................................................................................................................................ 9

6.       CONCLUSION ................................................................................................................................................................. 18




Appendices
     Appendix A                   Proposal Plan
     Appendix B                   Site Photographs
     Appendix C                   Farm Management Plan
     Appendix D                   Owner’s Consent




Disclaimer: While every care has been taken in preparing this report, Brennan Planning Pty Ltd accepts no responsibility for decisions
or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our
knowledge, the content was correct at the time of publishing.

                                                                                                                                                                             Page 2 of 18

Page 3

1.       Site and Application Summary
 Applicant
 Applicant:                  Michelle Botwood and Phillip O’Malley C/- Brennan Planning
                             Pty Ltd
 Contact Details:            Marcus Brennan
                             Mob: 0423 952 928
                             Email: [email protected]
 Registered Landowner(s):    Neil Geoffrey Maher and Glen Kevin Maher


 Application
                             Development Permit for Material Change of Use of Premises
 Development Application:
                             to establish Caretaker’s Accommodation

 Level of Assessment:        Code Assessable

 Referral Agencies:          Nil

 Assessment Manager          Noosa Shire Council



 Subject Site
 Address:                    163 Upper Pinbarren Creek Road, Pinbarren

 Lot Description:            Lot 58 on SP321936

 Area:                       27.3613ha
                             Nil
 Easement(s):

 Regional Plan Designation   Regional Landscape and Rural Production Area
 Planning Scheme             Noosa Plan 2020 (25 September 2020)
 Local Plan:                 Not Applicable

 Zone:                       Rural
 Overlays:                   + Agricultural Land Overlay
                                - Agricultural Land Conservation Area
                             + Bushfire Hazard Overlay
                                - Medium Potential
                                - Potential Impact Buffer
                             + Biodiversity, Waterways and Wetlands Overlay
                                - Riparian Buffer Area
                                - MSES Regulated Vegetation
                                - Waterways
                             + Landslide Hazard Overlay
                                - High and Medium Hazard Area


                                                                               Page 3 of 18

Page 4

2. Proposal
This Development Application seeks an approval for a Development Permit for Material Change of Use to
establish Caretaker’s Accommodation.

Our client, Michelle Botwood and Phillip O’Malley are co-owners of the site and recently agreed to purchase
the property from the Maher family. They intend to continue a beef cattle farming operation on the property
that will comprise 20 head of steer. In this regard to the land will be divided into a number of paddocks and
they will use rotational farming practices to increase yield, improve soil health and optimise nutrients. Our
client has also arranged to agist a portion of land over Lot 272 SP321939, which is owned by the Maher’s, to
provided further feed for the livestock where needed. In addition to farming cattle, the client also intends to
undertake cropping activities utlising biodynamic and organic farming practices including growing:
     + local varieties of tea;
     + Gympie lime;
     + cinnamon and other spices;
     + subtropical rose breeding and trialling; and
     + a frangipani plantation.

The abovementioned activities will be very labour intensive and require a permanent caretaker onsite to
manage the farming operation. Further details about the farming operation can be found at Appendix C -
Farm Management Plan.

Michelle Botwood currently resides in Victoria and is unable to manage the property. Michelle intends to move
to the property in the future and establish her own house. However, a permanent farm manager will still be
required given the labour-intensive farming practices that will occurring on the premises.

Phillip is an experienced horticulturalist in both landscaping, plant cultivation and biodynamic farming
practices. His passion is in the collection, breeding, and selecting of plants for our subtropical climate, of which
he has over 20 years experience in this field. Phillip will reside on the property as a Caretaker of the agricultural
activities.

Phillip recently purchased a circa 1911 Queenslander dwelling that is currently positioned at 67 Summit Road,
Pomona. The house was originally from Wilston in Brisbane and was transported to the Summit Road site in
the early 1990s. The building is currently in a dilapidated state and Phillip intends to restore the building to
exemplify its traditional character and utilise it as a caretaker’s residence.

The caretaker’s residence will be single storey and approximately 6.880m in height. It will comprise 3
bedrooms, living area, kitchen, bathroom, laundry, sitting area, wrapping verandah and have a total gross floor
area of 93.9m2. The dwelling will be positioned in the northern portion of the site at the top of a hillside, where
the land has a gentle slope.

Access to the dwelling will be achieved via an existing farm track that gains access to Upper Pinbarren Creek
Road in the western corner of the site.


Please refer to the Figures 1 -2 below and the attached plans for further details.




                                                                                                        Page 4 of 18

Page 5

Figure 1 - Perspective view of caretaker building




                                                    Page 5 of 18


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Figure | - Perspective view of caretaker building
PROPOSED BUILDING (CARETAKERS RESIDENCE)
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PROPOSED GARAGE + STORAGE
PROPOSED WASTE WATER LOCATION

EXISTING TRACK

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Page 5 of 18

Page 6

Figure 2 - Site Plan




Figure 3 - Floor plan and elevations of caretaker building


3. Background
The site has a long history of being used as a dairy farm and was formerly part of a larger farm owned by the
Maher’s. The Maher’s are a 3rd generation farming family in the area local area owned significant land
holdings throughout the Pinbarren area since the early 1900’s.

On 24 December 2020, a development application to reconfigure a lot (2 lots into 2 lots) was approved by
Council (RAL20/0026). This application reconfigured the boundaries of two existing lots so that they would
be split by Upper Pinbarren Creek Road. The land subject to this application became Lot 58, which is
located on the northern side of Upper Pinbarren Creek Road.




                                                                                                 Page 6 of 18

Page 7

4. Site Details

4.1. Site Description

 Site Characteristic                           Description
 Existing land use                             The site vacant rural parcel of land that is used for farming
                                               purposes.
 Frontage and access                           750m frontage to Upper Pinbarren Creek Road to the south.

 Topography                                    The site slopes downhill away from a knoll that is positioned
                                               centrally along the site’s northern boundary. A waterway runs
                                               though the eastern portion of the site in a north/south direction.
                                               Four large dams are located along this waterway which are
                                               spring fed.




Figure 3 – Aerial Photograph of Subject Site



4.2. Surrounding Uses

The site is located in rural environment and is surrounded by large rural allotments to the that are used for
agricultural purposes.


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Page 8

5. Assessment Requirements

5.1.    Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
+      the Planning Regulation 2017
+      the Planning Scheme for the local government area
+      any temporary local planning instrument
+      any variation approval

Of these, the planning instruments relevant to this application are discussed below:



5.2.    Assessment Benchmarks Related to the Planning Regulation 2017

The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application
must be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
   • the SEQ Regional Plan;
   • Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
         Planning Scheme; and
   • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Planning Regulation is provided
below:

SEQ Regional Plan

The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan (SEQRP). The proposed residence is a rural activity and is consistent with the goals, elements
and strategies for the Regional Landscape and Rural Production area designation.

Part E of the State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the planning scheme and would not warrant further assessment.

Schedule 10 of the Regulation

The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.




                                                                                                 Page 8 of 18

Page 9

5.3.    Assessment Benchmarks Relating to the Planning Scheme

        5.3.1. Definition

The Noosa Plan 2020 defines a Caretaker’s accommodation as follows:

“Caretaker’s accommodation” means the use of premises for a dwelling for a caretaker of a non-residential
use on the same premises.”

The proposal meets the definition of a Caretaker’s Accommodation as the building will be used for the
purpose of caretaker of an agricultural use occurring on the premises.


        5.3.2. Level of Assessment and Assessment Requirements

The site is a located within the Rural Zone under the Noosa Plan 2020. Pursuant to Table 5.5.13 of the planning
scheme, Caretaker’s Accommodation requires ‘code assessment’ if on a site at least 20 hectares in area.

The subject site has an area of 27.36ha and consequently the application would be code assessable.

In accordance with Section 45(3) of the Planning Act 2016 a code assessment is an assessment that must
be carried out only—

    (a) against the assessment benchmarks in a categorising instrument for the development; and
    (b) having regard to any matters prescribed by regulation for this paragraph.


        5.3.3. Assessment Benchmarks

Pursuant to Table 5.5.13 of the Noosa Plan 2020, the application is assessable against the following codes:
    + Rural Zone Code;
    + Caretaker’s Accommodation and Rural Workers’ Accommodation Dwelling Unit Code; and
    + Works Codes

The following overlay codes are also applicable to the assessment of the application:
    + Agricultural Land Conservation Overlay Code

An assessment against the abovementioned applicable codes has revealed that the development is
compliant with, or can be conditioned to comply with, each. The pertinent issues arising out of an assessment
against each of the codes are discussed below.

 Rural Zone Code
 Performance Outcomes                  Acceptable Outcomes                  Compliance
 PO1                                   No acceptable outcome provided.      PO1 - Complies
 Land uses in the Rural zone are
 limited to those which are                                                 The proposal involves caretaker’s
 compatible with agriculture and the                                        accommodation associated with
 protection of environmental and                                            an agricultural use that is occurring
 landscape values.                                                          on the property and is
                                                                            consequently compatible with
                                                                            agriculture. It will also will not cause


                                                                                                        Page 9 of 18

Page 10

                                                                                 any impacts on the environmental
                                                                                 or landscape values of the area.

PO2                                  AO2.1                                       AO2.1 - Not Applicable
Development does not result in the   Development that is incompatible            The proposed caretaker’s
loss or diminished productive        with agricultural activities is not         accommodation is compatible with
capacity of Agricultural Land        located on Agricultural Land                the agricultural use occurring on
Conservation Area.                   Conservation Area and an adequate           the land
                                     separation area between the
                                     development and the Agricultural
                                     Land Conservation Area is provided.

                                     AO2.2                                       AO2.2 - Not Applicable
                                     Where there is an overriding need for
                                     incompatible development to be
                                     located on Agricultural Land
                                     Conservation Area, the development
                                     does not have an irreversible impact
                                     on the productive capacity
                                     of Agricultural Land Conservation
                                     Area.

                                     AO2.3                                       AO2.3 - Complies
                                     Where located in the Agricultural           The proposal will involve the re-use
                                     Land Conservation                           of a re-locatable Queenslander
                                     Area accommodation is of a                  dwelling.
                                     temporary or semi-permanent nature
                                     (such as tents, yurts, relocatable
                                     dwellings or recreational vehicles) or it
                                     adaptively reuses well-established
                                     rural buildings.

                                     AO2.4                                       AO2.4 - Performance Outcome
                                     No sensitive land use is established
                                     closer than 200 metres from land on         The proposed Caretaker’s
                                     an adjacent property included in the        Accommodation is defined as a
                                     Rural zone and mapped                       sensitive land use. The building is
                                     as Agricultural Land Conservation           located a minimum of 145m from
                                     Area as shown in Agricultural Land          adjoining land containing mapped
                                     Overlap Maps in schedule 2.                 agricultural land conservation
                                                                                 areas and consequently does not
                                                                                 comply with AO2.4.

                                                                                 While not complying with the
                                                                                 acceptable outcome, it is
                                                                                 considered that the proposal will
                                                                                 achieve PO2 of the code as it will
                                                                                 not cause a loss to or diminish the
                                                                                 productive capacity of the
                                                                                 agricultural land conservation area
                                                                                 for the following reasons:
                                                                                  • The use involves caretaker’s
                                                                                    accommodation associated with
                                                                                    an agricultural activity and is
                                                                                    compatible and intrinsic with the
                                                                                    agricultural use of the land; and
                                                                                  • The dwelling provide a minimum
                                                                                    setback of 145m from the closest
                                                                                    property boundary which is a
                                                                                    substantial separation from
                                                                                    adjoining agriculture uses and

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                                                                                       will ensure that they are not
                                                                                       prejudiced by the establishment
                                                                                       of the dwelling; and
                                                                                     • The adjoining property to the
                                                                                       northern, which contains the
                                                                                       mapped agricultural land
                                                                                       conservations areas, is used for
                                                                                       cattle farming purposes and will
                                                                                       not generate significant amenity
                                                                                       impact beyond the boundaries
                                                                                       of the site.

PO3                                      AO3.1                                       AO3.1 - Complies
With the exception of one dwelling       Only the occupants of a dwelling            The building would become a
house, caretaker’s                       house, compliant caretaker’s                compliant caretaker’s residence.
accommodation or a community             residence or community
residence, any accommodation             residence reside on the property for
activity is limited to use by short-     any period greater than three
term guests or seasonal workers          consecutive months.
employed in a rural activity on the
same site or on adjoining premises.

Building height and scale                AO7.1                                       AO7.1 - Complies
PO7                                      Buildings are no more than two              The building is single storey in
                                         storeys in height.                          height.
Buildings and other structures:
                                         AO7.2
are low rise;                            With the exception of Class 10              AO7.2 - Complies
                                         buildings or structures used                The building will have a maximum
minimise the appearance of bulk to       exclusively for a rural                     height of 6.880m.
adjacent properties, roads or other      activity, buildings and structures are
areas in the vicinity of the site; and   no more than 8 metres in building
                                         height providing that they may be up
respect the scale of                     to 9 metres where the pitched roof
surrounding vegetation and               but no other part of the building or
maximises opportunities to retain        structure exceeds 8 metres.
existing vegetation on site.
                                         AO7.3
                                         With the exception of Class 10              AO7.3 - Complies
                                         buildings or structures used                The building will have a gross floor
                                         exclusively for a rural activity,           area of 93.9m2.
                                         individual buildings or roofed
                                         structures do not exceed 500m2
                                         gross floor area.

                                         AO7.4
                                         Class 10 buildings used exclusively for     AO7.4 - Not Applicable
                                         the purpose of animal
                                         husbandry, aquaculture, cropping, int
                                         ensive animal industry, intensive
                                         horticulture or rural industry do not
                                         exceed 12 metres in height.

                                         AO7.5
                                         A structure, not constituting a building,   AO7.5 - Not Applicable
                                         used exclusively for the purpose
                                         of animal
                                         husbandry, aquaculture, cropping, int
                                         ensive animal industry, intensive
                                         horticulture or rural industry does not
                                         exceed 15 metres in height.


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                                       AO7.6
                                       Where excavation is required, the        AO7.6 - Not Applicable
                                       maximum portion of the exposed           The proposed caretaker’s
                                       external façade of the building cannot   residence will not require
                                       exceed the                               excavation or filling.
                                       respective building heights in AO1.1 ,
                                       AO.2, AO7.3, AO7.4 and AO7.5 above

Setbacks
PO8                                    AO8.4                                    AO8.3 - Complies
Notwithstanding that intensive rural   In addition to the circumstances of      The proposed building will have a
activities may need greater            AO8.1, to AO8.3 above, buildings and     minimum setback of 145m from the
separation distances, buildings and    structures meet the following            closest boundary.
other structures are appropriately     minimum boundary setbacks:
sited and designed to:
                                       a) 20 metres from a property
a) avoid environmental harm or            boundary of adjoining land in the
   nuisance to sensitive land uses,       Environmental management and
   including adverse impacts on           conservation zone;
   amenity values, over and above      b) a distance greater than the width
   what could reasonably be               of the riparian buffer area shown
   expected in the rural zone;            on Biodiversity, Waterways
                                          and Wetland Overlay maps;
b) avoid adverse impact                c) 10 metres from a road frontage;
   on ecologically important              and
   areas including National Parks,     d) 10 metres from the side and rear
   watercourses, and wetlands;            boundaries or 6 metres where the
                                          lot area does not exceed 1
c) mitigate risks associated with         hectare, with the exception that if
   the use of chemicals or air            the height of the building or
   pollutants; and                        structure exceeds 9 metres
                                          the setback to the side and rear
d) avoid conflict with rural uses         boundaries is equal to twice its
   and activities on adjoining            height in metres.
   properties.


                                       AO8.5
                                       On properties over 2 hectares in area,   AO8.5 - Complies
                                       a distance of not less than 200
                                       metres is provided between               The proposed Caretaker’s
                                       a sensitive land use and land on an      Accommodation is defined as a
                                       adjacent rural zone property over 4      sensitive land use. The building is
                                       hectares in mapped Agricultural Land     located a minimum of 145m from
                                       Conservation Area.                       adjoining land containing mapped
                                                                                agricultural land conservation
                                                                                areas and consequently does not
                                                                                comply with AO8.5.

                                                                                While not complying with the
                                                                                acceptable outcome, it is
                                                                                considered that the proposal will
                                                                                achieve PO8 of the code as it is
                                                                                appropriately designed and sited
                                                                                to:
                                                                                 a) avoid environmental harm or
                                                                                    nuisance expected within the
                                                                                    zone given that the adjoining
                                                                                    land is used for cattle farming
                                                                                    and the proposed use provides


                                                                                                        Page 12 of 18

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                                                                                      a substantial 145m separation
                                                                                      from this use;
                                                                                   b) avoid any ecologically
                                                                                      important areas pertaining to
                                                                                      the site;
                                                                                   c) be well separated from
                                                                                      adjoining land so as to avoid or
                                                                                      mitigate potential impacts from
                                                                                      chemicals or air pollutants; and
                                                                                   d) avoid conflicts with adjoining
                                                                                      rural uses given that the use
                                                                                      relates to a caretaker’s
                                                                                      residence which is compatible
                                                                                      with an agricultural use and
                                                                                      adjoining land is used for low
                                                                                      impact farming activities..

PO10                                    AO10                                       AO10 - Complies
Development does not                    Safe vehicular access is provided to       Safe vehicular access to the
compromise the safety, capacity or      and from the site without adversely        dwelling will be provided via an
operation of the road network.          impacting on the safety of the road        existing farm track that will be
                                        network.                                   improved to suit regular use.

PO11                                    AO11.1                                     AO11.1 - Complies
Development does not have a             Development does not result in             The proposal will not result in any
significant adverse impact on the       sediment, soil or other material           sediment, soil or other material
natural values of the site including    including building materials or waste      being released into the waterway.
through:                                products being released into the road
                                        reserve, stormwater drains,
loss of biodiversity values, fauna      waterways or adjacent properties.
habitat and fish passage;
                                        AO11.2                                     AO11.2 - Complies
changes to natural drainage;            Natural Vegetation is retained             The proposal does not involve
                                        wherever possible.                         removing native vegetation.
disturbance to
any wetland systems;

erosion and the transport of
sediments off site (including           AO11.3                                     AO11.3 - Not Applicable
pollutants and other contaminants       Where there is a nominated building        The lot does not contain a
which would affect the capacity of      envelope on the lot, clearing of           nominated building envelope or
agricultural lands);                    native vegetation and building works       include building works.
                                        do not extend beyond the building
                                        envelope, except for the purposes
worsening of landslide or fire risk;    of a driveway access.
on-site effluent disposal;

creation of dust and air pollutants;

disturbance of buildings and
features, including natural features,
of cultural heritage significance.


PO12                                    AO12                                       AO12 - Complies
Development and                         Development and                            The proposal would not
associated site works do not            associated site works, including filling   exacerbate flooding or overland
directly, indirectly or cumulatively    and excavation are designed and            flow impacts
cause adverse impacts external to       constructed to ensure overland flow
                                        and/or flooding is not worsened,


                                                                                                           Page 13 of 18

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the development site by:                impeded, or otherwise diverted to
                                        adversely affect other properties.
causing ponding of water;

increasing flooding, which adversely
affects the safety or use of any land
upstream and downstream;

adversely affecting the flow of
water in any overland flow path.

                                        AO13
                                        Development on land adjoining              AO13 - Not Applicable
                                        the major road network, Lake               The land does not adjoin the major
                                        Macdonald or the Noosa River               road network.
                                        system minimises visual impacts on
                                        the scenic amenity of the roadway
                                        or waterway by:

                                        sensitive siting and design of
                                        buildings, structures, driveways and
                                        works;

                                        retaining existing vegetation;

                                        incorporating landscape treatments
                                        to visually screen and soften
                                        development; and

                                        incorporating building materials and
                                        external finishes that are compatible
                                        with the site’s visual character and
                                        landscape setting.


Sloping sites and ridgelines

PO15                                    AO15.1                                     AO15.1 - Complies
The landscape character and visual      To protect scenic amenity and other        The building is located on gently
amenity quality of hill slopes and      landscape qualities, buildings,            sloping land at the top of a hill. An
ridgelines are retained and buildings   structures and associated                  existing farm track will be utilised to
and structures:                         accessways are not constructed on          access the building which has a
                                        land with a slope greater than 25%.        maximum gradient of
a) are visually responsive to the                                                  approximately 18%.
   natural topography of the site,      AO15.2
   sitting within the landscape         On sloping sites or on ridgelines at the
   rather than dominating it;           uppermost edge of a hill slope:            AO15.2 - Complies
                                                                                   The building is positioned 11m lower
b) step down slopes or use              a) roof lines are generally parallel       than upper extent of the hillside. It
   suspended floor construction,           with contours of the land;              will also ensure that the roof line is
   minimising cut and fill and                                                     parallel to the contours and
   avoiding benching of the site;       b) roofs do not exceed a pitch of 15       provides a design that
                                           degrees; and                            complements the rural character
c) allow for retention of                                                          and amenity of the area.
   natural vegetation that assists in   c) buildings do not protrude above
   screening or visually softening         the height of
   development; and                        prevailing vegetation.

d) incorporate materials, finishes      AO15.3
   and colours that complement          Cut or fill is less than 1.5 metres in     AO15.3 - Complies


                                                                                                             Page 14 of 18

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   the natural setting and integrate   depth relative to natural ground          The proposal will not involve cut or
   with the landscape and skyline.     surface.                                  fill exceeding 1.5m in height.

PO16                                   AO16.1                                    AO16.1 -A016.2 - Not Applicable
A comprehensive network of bridle      Development includes linkages to or       Upper Pinbarren Creek Road
trails and pedestrian and bicycle      between existing or future                forms part of the Noosa Trail
linkages is established, enhanced      components of the Noosa Trail             Network. The proposal would not
and protected incorporating road       Network, as indicated on                  have any adverse impacts on the
reserves, State forests, Council       the Strategic                             function of the trail network.
owned land and private lands           Framework Infrastructure Map
consistent with the lifestyle and
outdoor recreation needs of Noosa
Shire’s residents and visitors.        AO16.2
                                       Development does not have an
                                       adverse impact on
                                       the access functions of the Noosa
                                       Trail Network.

Caretaker’s Accommodation and Rural Workers’ Accommodation Dwelling Unit Code
Performance Outcomes                   Acceptable Outcomes                       Compliance
PO2                                    AO2.1                                     AO2.1 - Complies
Caretaker’s accommodation is           In the Rural zone, caretaker’s
                                                                                 The proposed caretaker’s
used for bona fide caretaking or       accommodation is:
                                                                                 accommodation adjoins the
property management purposes
such that:                               a) located within 50 metres of the      agricultural use of which the
                                                                                 caretaker is responsible for and is
                                            primary use of the site, for which
                                                                                 on a site that has an area of
  a) in the Rural zone, caretaker’s         the caretaker is responsible;
                                                                                 27.361ha.
     accommodation is required           b) on a site with a minimum area of
     because of the need to                 20 hectares, accommodating
     caretake a non-residential             an existing rural activity; or
     activity on site; or                c) the only residential use on
  b) in the Low Impact                      a site accommodating a
     Industry zone, the Medium              business activity, a community
     Impact Industry Zone                   activity, an entertainment
     or the Innovation                      activity, an industry activity, an
     Zone, caretaker's                      infrastructure activity or a
     accommodation demonstrat               recreation activity.
     es the need for 24 hour care
     of buildings, operations, plant
     or equipment.

PO4                                    AO4.1                                     AO4.1 - Complies
A caretaker’s                          Caretaker’s accommodation is
                                                                                 The caretaker will be responsible
accommodation, dwelling                occupied by a person or persons
unit or rural workers'                 having responsibility for the security,   for security maintenance and
                                                                                 management of the farming
accommodation is ancillary to non-     maintenance or management of non-
                                                                                 activity which includes both
residential activities on the          residential activities conducted on the
                                                                                 livestock and horticultural activities.
same site.                             same site.

                                       AO4.2                                     AO4.2 - Complies
                                       No more than one caretaker’s              Only one caretaker’s
                                       accommodation is established              accommodation is provided.
                                       on site provided that where the site is
                                       subject to a Building Unit Plan or
                                       Group Title Plan no more than one
                                       caretaker's accommodation is
                                       located on the original parent parcel.




                                                                                                           Page 15 of 18

Page 16

                                       AO4.3                                   AO4.3 - Complies
                                       Caretaker’s                             The caretaker’s accommodation
                                       accommodation and rural workers'        will remain on the same parcel as
                                       accommodation are not excised from      the agricultural activity.
                                       the balance of the site (or would
                                       cease to be this use).

                                       AO4.4                                   AO4.4 - Complies
                                       Caretaker’s accommodation does          There no dwelling unit on the
                                       not occur on the same site as           premises.
                                       a dwelling unit.

                                       AO4.5                                   AO4.5 - Not Applicable
                                       In a zone other than the Rural          The site is within the Rural Zone.
                                       Zone caretaker’s accommodation is
                                       adjoining and where practicable
                                       shares an interconnecting door with
                                       the non-residential use for which the
                                       caretaker is responsible.

                                       AO4.6
                                       Outside of an industrial zone neither   AO4.6 - Performance Outcome
                                       a caretaker’s accommodation nor         The proposed caretaker’s
                                       a dwelling unit has a gross floor       accommodation has a total gross
                                       area exceeding 90m².                    floor area of 93.9m2, slightly
                                                                               exceeding the acceptable
                                       AO4.7                                   outcome by 3.9m2. While
                                       No residential use in either the Low    exceeding the acceptable
                                       Impact Industry zone or the Medium      outcome it is considered that the
                                       Impact Industry zone has more than      dwelling would remain ancillary to
                                       one bedroom or a gross floor            the non-residential activities on the
                                       area exceeding 65m².                    site as sought by PO4. It would also
                                                                               provide for a building form that re-
                                       AO4.8                                   uses an Queenslander that
                                       Rural workers' accommodation has a      complements the rural character of
                                       combined total gross floor area not     the area.
                                       exceeding 250m² and
                                       accommodates no more than 10
                                       persons including employees and, if
                                       applicable, their immediate families.

PO5                                    No acceptable outcome provided          PO5 - Complies
Development does not place
                                                                               The caretaker’s accommodation
residents at risk of exposure to
noise levels, air emissions or odour                                           will not pose amenity or health risks
levels that would cause                                                        to future residents.
unacceptable health risks

PO6                                    AO6.1                                   AO6.1 - Complies
The design of the caretaker’s          The residence can be secured so that
                                                                               Nobody other than the resident will
accommodation, dwelling                persons other than the residents
unit or rural workers'                 cannot gain direct access.              be able to gain direct access.
accommodation achieves an
acceptable level of residential        AO6.2
amenity for residents of the use,      Bedrooms and living rooms of            AO6.2 - Complies
including security, visual and         the caretaker’s
acoustic privacy                       accommodation, dwelling unit or rural   The dwelling unit will not be
and access to private open space.      workers' accommodation do not           positioned near noise generating
                                       adjoin, and face away from, noise       activities.
                                       generating activities conducted on


                                                                                                        Page 16 of 18

Page 17

                                      the site or adjoining sites.
                                                                                 AO6.3 - Complies
                                      AO6.3
                                                                                 The caretakers accommodation is
                                      The caretaker’s
                                      accommodation or dwelling unit is          provided with a large wrapping
                                                                                 balcony that has an area of 45m2..
                                      provided with a patio, balcony,
                                      verandah, deck or garden with an
                                      area of not less than 15m² with a
                                      minimum horizontal dimension of at
                                      least 2.5 metres.

                                      AO6.7                                      AO6.7 - Complies
                                      Caretaker’s                                The proposed caretakers
                                      accommodation and rural workers'           accommodation is not in the
                                      accommodation is separated by at           vicinity of a resource processing
                                      least 150 metres from:                     area, intensive animal industry or
                                                                                 high impact industry.
                                        a) the Resource Area/ Processing
                                           Area and operational area of
                                           any Key Resource Area;
                                        b) any intensive animal industry;
                                        c) any high impact industry.

                                      AO6.8
                                      Private open space or outdoor living       AO6.8 - Complies
                                      space is sited and orientated so that it   Outdoor living areas associated
                                      is not directly overlooked by other        with the caretaker’s
                                      buildings on the site or adjoining         accommodation will not be
                                      premises.                                  overlooked by adjoining uses.



PO7                                   AO7                                        AO7 - Complies
Sufficient space is available to      Parking on the site is required in
                                                                                 One undercover parking space will
accommodate the likely parking        addition to those spaces required for
demand of residents, exclusive of     other uses on the site, and is marked      be provided within the associated
                                                                                 rural shed that is identified on the
the car parking requirement for the   for the exclusive use of the residential
                                                                                 proposal plans.
other uses on the site.               use.



Works Codes

                                                     Comment

The proposed Caretaker’s Accommodation will be provided with appropriate access, parking, disposal of
stormwater, and connections to all necessary infrastructure having regard to its setting in accordance with the
requirement of the relevant works codes.




                                                                                                          Page 17 of 18

Page 18

The following overlays are also applicable to the site and a comment is provides against each:

 Agricultural Land Conservation Overlay
                                                  The subject site and surrounding land is located within a
                                                  Agricultural Land Conservation Area under the Agricultural
                                                  Land Conservation Overlay Code.

                                                  An assessment against the relevant outcomes has been
                                                  provided under the Rural Zone Code.




6. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks contained
within the Noosa Plan 2020 and does not raise any significant issues that cannot be addressed by reasonable
and relevant conditions on the following basis:
    + the proposed Caretaker’s Accommodation is associated with a non-residential farming activity
         occurring on the site and will be ancillary to the farming use;
    + the site has an area of 27.361ha, exceeding the requirement of 20ha for Caretaker’s accommodation
         in the Rural Zone;
    + the building provides sufficient separation to the boundaries (minimum of 145m) so as to ensure that
         that it will not impact on farming activities being undertaken on adjoining properties;
    + the proposed building is of a scale and nature that is compatible and sympathetic to its rural setting,
         being within a circa 1911 re-located Queenslander.
    + the proposed caretaker’s accommodation will provide a high level of residential amenity for its future
         occupants, which will include a large wrapping verandah for outdoor living puroposes.

This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or any aspect
of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]

Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan.




                                                                                                   Page 18 of 18

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