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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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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


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