Delegated Report - Code - Planning MCU20 0125 · MCU20/0125

Author	Development Planner, Nadine Kirley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0125
Applicant	Lilly Anne Studdock TTE
Proposal	Material Change of Use - Dwelling house
Properly Made Date	12 November 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	11 February 2021
Report Completed Date	16 December 2020
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	1089 Cootharaba Rd Cootharaba Qld 4565
RP Description	Lot 7 SP 142413
Land Area	40.02 ha
Existing Use of Land	Vacant Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils Overlay Agricultural Land Overlay Biodiversity Waterways and Wetlands Overlay Bushfire Hazards Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.
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 a 40.02ha rural property located west of Cootharaba Road, approximately 5km from Booreen Point.  The site is gently undulating in the eastern portion with a large area to the west which is currently carrying improved pasture. A narrow vegetated drainage channel traverses the site in a north south direction approximately 290m from the western boundary.  Two small stands of vegetation are located in the northern corner and along the drainage channel.  Vehicle tracks also traverse the site on the north and across the site.  The proposed house site is clear of vegetation.
Surrounding Land Uses
Surrounding land uses are predominantly rural or state forest with several smaller landholdings located directly south of the subject site.
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 Residential Use Code;
Agricultural Land Overlay Code
The subject site is located in Cootharaba 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 where the requirements of accepted development are not met.
The application has been assessed against all the applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2/3 storeys max 8/12 metres	2 storeys 7.15 metres	
Site cover	45% max	0.27 %	
Boundary setbacks East Frontage North Side South Side West Rear	10 metres min 10 metres min 10 metres min 10 metres min	180 metres 100 metres 23 metres 677 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	15 degrees 600mm to >75%	
GFA	500m2	486m2	
Landscaping	20% min	Not stated	-
Carparking	< covered min	3 covered 3 farm vehicles	
Water supply	60,000 litres	60,000 litres	
Separation from Agricultural Land Uses	200m	20m	X
Slope	<25%	<25%	
Agricultural Separation
The subject site is rural in nature, surrounded by rural lots.  Those which are closest to the proposed dwelling house are smaller in scale with an area ranging between 2-4 hectares.  The capacity for intensive or large scale agricultural use is substantially reduced on land of this size in comparison to larger parcels and are considered to be low risk in terms of incompatible effects between sensitive land uses and genuine rural activities.  Each of the smaller lots features its own dwelling in a rural setting.  The lot to the north is approximately 20 hectares with greater capacity for framing activities.  Examination of the current aerial photography would indicate that this parcel has some association with larger rural parcels behind it with access and stock being located in paddocks both adjacent to the subject site and the neighbouring property.  The siting of the proposed dwelling is to the southern boundary with the greatest possible separation from the northern property being maintained while satisfying minimum setbacks to the southern boundary.  It is unlikely that in this instance, the construction of a dwelling on this rural parcel is likely to result in significant adverse effects or conflicting land use.
Visual Amenity
The proposal does not address or identify landscaping proposed to soften the built form of the proposed dwelling.  It is noted that several trees in the road reserve will be removed to provide for the future driveway access.  It is recommended that appropriate conditions be added to the decision notice to address visual amenity and help soften the visual appearance of the proposed dwelling.
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 MCU20/0125 for a Material Change of Use - Dwelling house situated at 1089 Cootharaba Road Cootharaba Qld 4565 and described as Lot 7 SP 142413, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0125
Street address:	1089 Cootharaba Rd Cootharaba Qld 4565
Real property description:	Lot 7 SP 142413
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
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
20017 SD01	P8	Site Plan, prepared by Sprout Architects	30/10/2020
20017 SD02	P8	Floor Plan, prepared by Sprout Architects	30/10/2020
20017 SD03	P8	Roof Plan, prepared by Sprout Architects	30/10/2020
20017 SD04	P8	Setout Plan, prepared by Sprout Architects	30/10/2020
20017 SD05	P8	Elevations, prepared by Sprout Architects	30/10/2020
20017 SD06	P8	Elevations, prepared by Sprout Architects	30/10/2020
20017 SD07	P8	Sections, prepared by Sprout Architects	30/10/2020
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.

Currency Period
The Currency Period for this development approval lapses if the use has not happened by the expiry of 6 years from commencement of this approval, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the dwelling house must not exceed 9 metres above the finished ground level and the natural ground level, provided that the pitched roof is the only part of the building which exceeds 8 metres.
Setback
The dwelling must be setback at least 23 metres from the southern side boundary adjacent to Lot 5 on RP 836653.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2000 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 vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Screening vegetation must be planted between the proposed dwelling and the southern side boundary extending 3 metres beyond the overall length of the proposed dwelling in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.  The planted vegetation must have a minimum pot size of 2 litres at the time of planting and consist of native, endemic species with a mature height of not less than 3 metres and planted at a maximum spacing of 2 metre centres.
Earthworks
All cut and fill must not exceed 1.5 metres in depth relative to natural ground level.
Other than for accessways, excavation or filling must not extend more than 3 metres beyond the footprint of the approved dwelling/structure when measured from its outer walls.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
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:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be accepted development subject to the requirements of the Low Density Housing Code. If the proposed driveway and vehicle crossover does not comply with each Acceptable Outcomes contained in the Code, a Development Permit for Operational Work – Driveway for a Dwelling House is required to be obtained from Council.
Bushfire Management
The site is located within close proximity to established state forest and the bushfire hazard area.  An on-site water supply dedicated to firefighting purposes should be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
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 works
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 7 of 9

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
 
   

 

  

a tal
co
wag , |
thsererser

ee:

me aN :
E ; |