Original source · versioned page text
Planning Report
Project BA PO Box 45 Noosaville 4566 (07) 5451 8784 [email protected] 3.02.2021 Noosa Council [email protected] RE: Dwelling – Code Assessable Material Change of Use application (Biodiversity, Waterways and Wetlands) Please find attached Material Change of Use development application for the proposed dwelling at 26 Little Springs Lane, Lake MacDonald. Attached documents: - DA Form 1 - DA Form 2 - Planning report - Architectural Plans - Owners Consent - Effluent Disposal Report - Bushfire Management Report - Protected Plant Survey Report - Soil Report - Vegetation Management Report There are no identified referral agencies for this application. Regards, Lachlan Masters Project BA (07) 5451 8784 - 0487171019
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 31 pages
Page 2
CONTENTS
1. SUMMARY
1.1 SUMMARY PAGE 3
2. SITE AND SURROUNDING AREA PAGE 4
2.1 ZONE DESIGNATION PAGE 4
2.2 SURROUNDING LAND USES PAGE 5
2.3 CURRENT REGIESTERED LANDOWNER PAGE 5
2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY PAGE 5
2.5 ACCESS AND SERVICES PAGE 5
3. PROPOSED DEVELOPMENT PAGE 6
3.1 PROPOSED PAGE 6
4. LOCAL PLANNING MATTERS PAGE 7
4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK PAGE 7
4.2 OVERLAYS PAGE 7
4.3 RURAL RESIDENTIAL ZONE CODE PAGE 8-16
4.4 LOW DENSITY HOUSING CODE PAGE 17-24
4.5 BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY CODE PAGE 25-31
6. CONCLUSION PAGE 32
2|Page
Page 3
1. SUMMARY
SITE DETAILS
ADDRESSS 26 Little Springs Lane, Lake MacDonald,
QLD, 4563
REAL PROPERTY DESCRIPTION Lot 4 on RP905954
SUBJECT LAND AREAS 7,126.5m2
LOCAL AUTHORITY Noosa Council
CURRENT REGISTERED LAND OWNER Leoni Stephens & Mark Tyler
SOUTH EAST QUEENSLAND REGIONAL PLAN DESIGNATION
SPP LAND USE CATEGORY Regional Landscape and Rural Production
Area
PLANNING SCHEME DESIGNATIONS
ZONING Rural Residential
APPLICANT DETAILS
APPLICANT Anthony McDonough C/- Project BA
PROPOSAL Dwelling House – New Dwelling
TYPE OF DEVELOPMENT Material Change of Use
LEVEL OF ASSESSMENT Code Assessable
3|Page
Page 4
2. SITE AND SURROUNDING AREA
2.1 ZONE DESIGNATION
The land is located within the ‘Regional Landscape and Rural Production Area’ regional land use category
as mapped on the SPP mapping.
The land is designated as Rural Residential Zone land on the Noosa Planning Scheme Overlay Maps.
4|Page
Page 5
2.2 SURROUNDING LAND USES
The proposed site is surrounded by land parcels within the same zone and land use category. The
surrounding properties are generally large allotments with expansive Dwelling houses and associated
outbuildings which are surrounded by dense vegetation.
2.3 CURRENT REGIESTERED LANDOWNER
The current registered landowners of the subject site are Leoni Stephens & Mark Tyler.
Landowners consent to make this application is also attached.
2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY, AND IMPROVEMENTS
The site is irregular in shape and comprises an area of 0.71ha, with access to Forest Acres Drive via an
existing access easement.
The site is not encumbered by Easements. The allotment does not have access to reticulated water or
sewerage.
The current topography is gently sloping from West to East. The proposed dwelling is located outside the
landslide hazard overlay as prescribed by the Noosa Planning Scheme Overlay Maps.
The improvements to the land, including the proposed dwelling, include:
- Proposed Dwelling
- Road access to Forest Acres Drive through Little Springs Lane
2.5 ACCESS AND SERVICES
The site currently has a single existing access point to Little Springs Lane (access easement). The
proposed Dwelling House use would use the easement to access Forest Acres Drive and does not
require any changes to the existing crossover or new crossovers.
The site has no access to reticulated water, sewerage, or stormwater. The site uses effluent disposal
system for treatment of wastewater, water tanks for potable water supply and disposes of stormwater
overland to mimic overland flow conditions. Electrical access is provided.
5|Page
Page 6
3. PROPOSED DEVELOPMENT
3.1 PROPOSAL
The application seeks to establish a new dwelling on the property for use as a Dwelling House.
The planning scheme defines a Dwelling House use as:
Detached house means a residential use of premises involving:
a. One dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
b. One dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
The proposed dwelling is located within the Biodiversity, Waterways and Wetlands Overlay and Bushfire
Hazard Overlay as identified on the Noosa Council Planning Scheme Mapping. A Material Change of Use
within the Biodiversity, Waterways and Wetlands Overlay requires Code assessment under Part 5.9.2 and
5.9.3 of the Noosa Plan 2020. The proposed dwelling will be occupied as a single household as per the
NSC planning scheme definitions.
6|Page
Page 7
4. LOCAL PLANNING MATTERS
4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK
The proposed development includes a material change of use requiring code assessment
against the Noosa Plan 2020.
The following codes are applicable:
- Rural Residential Zone Code
- Low Density Housing Code
- Biodiversity, Waterways and Wetlands Overlay Code
4.2 OVERLAYS
The subject site is burdened by the following overlays, as identified by the overlay maps of the
Noosa Plan:
- Biodiversity, Waterways and Wetlands Overlay
The Biodiversity, Waterways and Wetlands overlay code is an assessment benchmark. The level
of assessment is Code Assessable.
- Bushfire Hazard Overlay
The Bushfire overlay code is not an assessment benchmark for a Dwelling House Use. Bushfire
provisions are contained within the Low Density Housing Code. The Dwelling will be subject to a
site specific bushfire report and will be protected in accordance with AS3959.
7|Page
Page 8
4.3 RURAL RESIDENTIAL ZONE CODE
Compliance with acceptable outcomes:
Performance outcomes Acceptable outcomes
Role and function
PO1 Development provides for low density, semi- AO1.1 Development other The proposed dwelling
rural living as well as compatible work from than a dwelling comprises of 3 bedrooms
and is to be used to
home opportunities, primary production and house is
accommodate a single
small scale visitor accommodation, on large inconspicuous and household.
allotments with varying levels of services. presents as a
dwelling house.
The dwelling house N/A
AO1.2 may include one
secondary dwelling with
a maximum gross floor
area of 65m2 and no
more than two
bedrooms
Any business operated N/A
AO1.3 on site including
accommodation is
subordinate to the use
of the premises for a
domestic residence.
PO2 Development does not result in the diminished AO2 A distance of not less The proposed site is zoned
productive capacity of rural activities on than 100 metres is as rural residential and is
adjacent or nearby properties. surrounded by rural
provided between a
residential allotments. The
sensitive land use and dwelling is located
land within the Rural approximately 58m from the
zone that: environmental management
a. Is mapped and conservation zone
agricultural land which backs onto the lot.
conservation area
on the agricultural
land overlay maps
in schedule 2; and
b. Has a property
area greater than 4
hectares.
PO3 With the exception of one dwelling house or a AO3 Only the residents of a The dwelling is used to
community residence, any accommodation is dwelling house or house a single household
limited to use by short-term guests. who will permanently live
community residence
within the dwelling.
reside on the property
for any period greater
than three consecutive
months.
PO4 Visitor accommodation: No acceptable outcome N/A
a. Is at a scale and density that protects the provided
environmental and lifestyle values of the
land; and
8|Page
Page 9
b. Does not detract from the rural residential
character and amenity of adjoining
properties.
Built form
PO5 – Buildings and other structures: AO5.1 Buildings and structures The dwelling has a height of
building are no more than 8 6.45m above natural ground
a. Are low rise;
height and metres in building level (NGL) and therefore
b. Do not present and appearance of bulk height from ground complies with the prescribed
scale
to adjacent properties, roads or other level, providing that they height requirements.
areas in the vicinity of the site; may be up to 9 metres
c. Have a low site impact to maximise the where the pitched roof
opportunity to retain natural site but no other part of the
characteristics, such as native building or structure
vegetation and natural landforms; exceeds 8 metres.
d. Respect the scale of surrounding
vegetation; and AO5.2 Where excavation is The proposed dwelling does
required, the maximum not require any cut and fill or
e. Are no more than two storeys in height. portion of the excavation as the house is
exposed external façade built on posts.
of the building cannot
exceed 8 metres in
building height.
AO5.3 Site cover of all The dwelling only accounts
buildings and structures to 3% of the site coverage
on the site does not and therefore complies with
exceed 30% site coverage requirements.
AO5.4 Individual buildings or The gross floor area (GFA)
roofed structures do not of the structure is 225m2.
cover more than
500m2 of the site.
AO5.5 The total gross floor The dwelling is the only
area of all buildings on building proposed to be
site does not exceed constructed on the subject
500m2. site and therefore will not
exceed 500m2.
PO6 – Buildings and other structures are designed and AO6.1 Buildings used to house N/A
Boundary sited to: animals, temporary
setback holding yards,
a. provide a high level of amenity to
structures containing
users of the subject site and adjoining areas of animal waste or
premises, including provision of visual by product
and acoustic privacy, access to disposal are not within
breezes and protection from noise, 100 metres of:
odour or artificial lighting; a. the boundary
b. provide adequate distance from of another
adjoining land uses and avoid conflict property in the
with existing or future rural uses and rural residential
activities on adjoining properties; zone or any
c. allow for space and landscaping to be other
provided between buildings; preserve residential
existing vegetation that will help buffer zone;
development; b. an existing
d. protect the natural character and avoid dwelling on an
adverse impacts on ecologically adjoining
important areas such as national property;
parks, waterways and wetlands. c. the boundary
of adjoining
properties in
9|Page
Page 10
the
environmental
management
and
conservation
zone; or
d. a waterway or
wetlands as
shown on the
Biodiversity,
Waterways and
Wetlands
Overlay maps
in schedule 2.
AO6.2 N/A
Buildings or structures
which are used for the
storage of
chemicals or machinery,
stockpiling of
composting or organic
fertilisers, or which
support artificial lighting
or irrigation sprayers,
are not within 100
metres of:
a. the boundary
of another
property in the
Rural
residential
zone or any
other
residential
zone;
b. a dwelling on
an adjoining
property;
c. the boundary
of adjoining
properties in
the
Environmental
management
and
conservation
zone; or
d. waterway or
wetlands
shown on the
Biodiversity,
Waterways and
Wetlands
Overlay maps
in schedule 2.
10 | P a g e
Page 11
AO6.3 Roadside stalls no N/A
larger than 9m2 may be
located adjacent to the
front property boundary
provided safe space for
parking of vehicles
is also within the
property boundary.
AO6.4 Outside the
circumstances of AO6.1,
AO6.2 and AO6.3
above,
buildings and structures
meet the following
minimum boundary
setbacks:
a. 15 metres from The dwelling is located 57.5m
a property from the environmental
management and
boundary conservation zone and
adjoining land therefore complies with the
in the prescribed 15m setback.
environmental
management
and
conservation
zone:
b. 40 metres from The site is located >50m from
mean high the mean high water spring of
a waterway which is located
water spring of on lot Lot100 SP230065.
a waterway or
as otherwise
prescribed
through the
Queensland
Government
Erosion Prone
Area Maps;
c. 10 metres from The site is accessed from a
access easement and
the road therefore does to have a road
frontage; frontage.
d. 10 metres from
the side and Due to the site not exceeding
rear 1 hectare the dwelling must
be located 6m from the side
boundaries or and rear boundaries. The
6 metres where proposed dwelling is located
the lot area 6.69m from the side boundary
does not and therefore complies with
exceed 1 the prescribed side boundary
setback.
hectare, with
the exception
that if the
height of the
building or
structure
exceeds 9
metres the
11 | P a g e
Page 12
setback to the
side and rear
boundaries is
equal to twice
its height in
metres.
Safety and amenity
PO7 Development does not result in an adverse No acceptable outcome N/A
change to the light, air quality, noise, provided
accessibility or other conditions enjoyed by
residents of associated, adjoining or nearby
premises.
PO8 – Lighting and noise associated with outdoor AO8.1 A 2 metre landscaped N/A
sports tennis courts, half courts or sports courts do not buffer separates any
courts have an adverse impact upon the amenity private tennis court,
enjoyed by occupants of adjoining or nearby half court or sports court
premises nor cause unreasonable disturbance from side property
to the local fauna. boundaries where
adjoining land in a
residential zone.
AO8.2 Courts are fenced to a
height of-
a. 3.6 metres for
a full-sized
court; or
b. 2.4 metres for
a half court.
AO8.3 Courts are not lit; or
AO8.4 For lit courts:
a. lighting
structures are
not more than
8 metres in
height and set
back at least 2
metres from
any property
boundary;
b. the court is
located at least
60 metres from
the external
wall of an
existing or
approved
residential
dwelling on an
adjacent or
nearby lot (as
measured from
the centre line
of the court);
12 | P a g e
Page 13
c. the vertical
illumination
resulting from
direct, reflected
or other
incidental
lighting
emanating
from the site
does not
exceed 8 lux
when
measured at
any point 1.5
metres outside
the boundary
and at any
level from
ground level
upward; and
d. lighting is
hooded or
baffled to direct
lighting
downward or is
of a type that
gives no
upward
component of
light when
mounted
horizontally.
PO9 Development: No acceptable outcome N/A
a. does not compromise the safety, provided
capacity or operation of the road
network; and
b. does not result in significant impacts
on residents close to rural roads.
PO10 Development does not detract from the scenic AO10 Development on land The proposed dwelling does
amenity of the hinterland as experienced from adjoining the major road not adjoin a major road
the major road network or the waterways. network, Lake network, Lake Macdonald or
Macdonald or the Noosa the Noosa River system and
River system minimises therefore is not applicable.
visual impacts
on the scenic amenity of
the roadway or
waterway by—
a. sensitive siting
and design of
buildings,
structures,
driveways and
works;
13 | P a g e
Page 14
b. retaining
existing
vegetation;
c. incorporating
landscape
treatments to
visually screen
and soften
development;
and
d. incorporating
building
materials and
external
finishes that
are compatible
with the site’s
visual
character and
landscape
setting.
PO11 The landscape character and visual amenity AO11.1 To protect scenic The proposed dwelling is
quality of hillslopes amenity and other constructed on a slope of
and ridgelines are retained and development: landscape qualities: less than 33% and is
a. is visually responsive to the natural a. buildings or constructed on pole footings
topography of the site, sitting within structures are rather than slab on ground.
the landscape rather than dominating not constructed
it; on land with a
b. retains natural vegetation that assists slope greater
in screening or visually softening than 33%; and
development; b. buildings or
c. steps down slopes or uses suspended structures are
floor construction, minimising cut or fill; only
and constructed on
d. uses materials, finishes and colours steep slopes if:
that complement the natural setting
and integrate with the landscape and there are no other
suitable building sites on
skyline. the property; and
construction utilises
suspended floors or
pole footings rather than
slab on ground
construction
AO11.2 On sloping sites or on
ridgelines at the
uppermost edge of a hill
slope:
a. roof lines are
generally
parallel with
contours of the
land;
14 | P a g e
Page 15
b. roofs do not The proposed dwelling has
exceed a pitch a roof pitch of 12 degrees
of 15 degrees; and therefore does not
exceed a 15 degree pitch.
c. buildings do
not protrude
above the
height of
prevailing
vegetation; and
d. undercroft The undercroft areas of the
areas dwelling will be screened by
exceeding 1.5 existing vegetation.
metres in
height are
screened with
landscaping or
batterns.
AO11.3 On sloping sites:
a. cut or fill is less The dwelling is constructed
on pole footings and no cut
than 1.5m in and fill is required.
depth relative
to natural
ground level;
and
b. slab on ground Slab on ground construction
construction is is avoided by constructing
avoided and the dwelling on pole
split level footings.
buildings with
small
floorplates are
used as an
alternative.
Post and beam
construction or
suspended or
pole
construction
techniques
may be
appropriate.
AO11.4 On sloping sites or on
ridgelines at the
uppermost edge of a hill
slope, buildings:
a. are constructed The dwelling is to be
in lightweight constructed of materials that
materials such reflect the natural
characteristics of the site.
as timber or
board,
stainless steel,
glass and
15 | P a g e
Page 16
corrugated
iron;
b. are finished
with exterior
colours of
moderate to
darker shades
of olive green,
brown, green,
blue, charcoal
or wood stains
that blend with
the colour and
hues of the
surrounding
vegetation and
landscape;
c. avoid large
expanses of
solid colours or
reflective
surfaces.
16 | P a g e
Page 17
4.4. LOW DENSITY HOUSING CODE
Compliance with acceptable outcomes:
Performance outcomes Acceptable outcomes
Location
PO1 Dwelling houses, rooming accommodation, AO1.1 Dwelling houses N/A
community residences and shortterm (including secondary
accommodation (for holiday homes) are located dwellings) and
where they: community
(a) provide a high level of comfort and amenity residences are
for occupants; anticipated in the
(b) maintain amenity and privacy of Low density
neighbouring premises; residential zone,
are compatible with the character and Rural residential
(c)
streetscape of the local area; and zone and Rural
zone.
(d) do not occupy land intended for higher
density living.
AO1.2 Rooming
accommodation
provides housing
choice within urban
boundaries.
Effects of Use
PO2 AO2.1 Any part of a removal N/A
home that is affected
A removal home –
by termite attack,
a. does not have an adverse impact on the amenity of the borers, dry rot or
premises or surrounding premises; and severe weathering or
b. maintains the safety of people and property. AO2.2 is damaged as a N/A
consequence of
relocation, is repaired
or replaced using new
or sound secondhand
materials.
Where located within
the urban boundary,
external surfaces of the
building are cleaned
and painted.
17 | P a g e
Page 18
PO3 Housing choice AO3 A secondary dwelling: N/A
A secondary dwelling: (a) has a maximum gross
a. forms part of a dwelling floor area of 65m²;
house and is not (b) has no more than 2
subdivided from the bedrooms;
balance of the dwelling
house; (c) does not occur on any
b. contributes to housing property covered by a
choice for members of Building Unit Plan; and
the one household; (d) does not occur on a
c. protects the low density property that already
residential, rural contains a dual
residential or rural occupancy or secondary
character of the zone; dwelling.
d. does not occur on a
property covered by a
Building Unit Plan or any
property already
containing more than
one dwelling
e. is accompanied by
sufficient car parking.
PO4 Rooming accommodation is AO4 Rooming accommodation N/A
located on a site with provides housing choice within
convenient access to urban boundaries is limited to
employment or education as sites within:
well as goods and services
including public transport. (a) 1,500 metres walking
distance, via a sealed
pathway, of land
within the Major
centre zone, District
centre zone or 800
metres of land within
the Neighbourhood
centre zone;
(b) 800 metres walking
distance, via a sealed
pathway of a
pedestrian access
point of a hospital or
tertiary education
establishment; or
(c) 400 metres walking
distance, via a sealed
pathway, of a
Translink bus stop.
Building design and services
PO5 Service and utilities PO5.1 If located within the urban
Development is provided boundary, the dwelling is
with: connected to reticulated
a. a level of water supply, sewerage,
infrastructure and stormwater drainage and
services that is telecommunications
appropriate to its infrastructure networks
setting and sufficient (where available to the lot).
for the intended use;
b. an effluent treatment AO5.2 Where there is no reticulated
18 | P a g e
Page 19
and disposal system water supply, the premises is A 45,000 litre and additional
that does not have serviced with a rainwater tank 5,000 litre rainwater tank will be
an adverse effect on with the following minimum connected to the dwelling for
ecologically general and fire fighting
water supply capacity:
purposes. (5kL to be dedicated
important areas or
(a) for dwellings with no to fire fighting purposes)
water quality; and more than 3 bedrooms –
c. adequate onsite water 45,000 litres; or
storage to support the
efficient use of water (b) for dwellings of more
and is adequate for than 3 bedrooms or
everyday use of the where including a
occupants. secondary dwelling on
the same premises –
60,000 litres.
AO5.3 If located on a lot where See effluent disposal report
reticulated sewerage is not
available to the lot, the dwelling
is connected to an onsite
effluent treatment and disposal
system.
PO6 Landscaping: PO6 Soft landscaping is provided Existing vegetation will be
and retained to a minimum of retained outside the building
area which will account for
Buildings and structures 20% of the site area.
approximately 80% of the site
allow for sufficient space for cover.
outdoor activities, garden
areas and screening to
surrounding land uses.
PO7 Car Parking: AO7 Car parking is provided in Car parking has bee provided in
accordance with Table accordance with table 9.4.1.4 of
the driveways and parking
Sufficient car parking is 9.4.1.4 of the Driveways and
code.
provided to accommodate parking code.
the number of vehicles likely
to use the site.
PO8 Access Design: AO8.1 Driveways and crossovers The driveway will be
are designed to comply with constructed to comply with
Council’s prescribed standards.
The design, management Council's standard drawings
and maintenance of the RS049, RS050, RS056 and
access facilitates: addendum as applicable.
safe and convenient use for
vehicles, pedestrians and AO8.2 Where a footpath exists, the
cyclists; N/A
driveway meets the road
vehicles negotiating reserve at the level of the
without contacting the existing footpath.
driveway or crossover
surface; and AO8.3
Driveways within the property:
The driveway will be
stormwater disposal without
(a) have a maximum constructed to comply with
any negative impacts on the
gradient of 20% and Council’s prescribed standards.
surrounding area.
vertical curves to
ensure no scraping
for a standard
vehicle; or
(b) have a maximum gradient
of 25% provided–
(i) the length of
the driveway
19 | P a g e
Page 20
steeper than
20% does not
exceed 6
metres; and
(ii) there is a
change in
gradient not
less than 2
metres in
length and not
greater than
12:5% at the
ends of the
25% section of
the driveway.
PO9 The driveway and crossover AO9 The driveway and crossover is The driveway will be
design avoids using designed without significant constructed to comply with
structures within the road Council’s prescribed standards.
alteration to the existing road
reserve. reserve whereby the finished
surface level of the driveway is
consistent in height with the
existing height of the road
reserve.
PO10 Materials: PO10 No pavers or permeable N/A
pavement systems are used
Driveways and crossovers within the road reserve
are to be able to withstand
loadings from vehicles and
the use of pavers is avoided.
PO11 Surface Water: AO11 Driveways have a minimum N/A
grade of 1% away from any
Driveways are designed to: adjoining buildings and are
(a) prevent water from formed to drain to landscaped
ponding or entering areas.
buildings;
(b) provide an
opportunity for
filtering of
stormwater prior to
it leaving the site;
and
(c) not reduce the
stormwater
carrying capacity
of roadways.
PO12 Protections of infrastructure: AO12 Driveways are located not less The driveway is located greater
than 1.0 metre from stormwater than 1.0m from stormwater and
is therefore compliant with the
Driveways do not damage or infrastructure.
acceptable outcome.
interfere with the location,
function of, or access to
Council infrastructure.
PO13 The visual impact of AO13.1 Areas adjoining driveways The construction of the
driveways on the streetscape disturbed as a result of the driveway will ensure visual
and surrounding area is impacts are minimized and soil
driveway construction are
minimised and significant is stabilized.
grassed or planted to
adverse impacts on the
minimise visual impact and
traffic network are avoided.
20 | P a g e
Page 21
stabilise the soil.
AO13.2 The proposed driveway will be
Vehicular access avoids included with the dwelling to
disturbance to the tree ensure no further clearing is
protection zone of trees on required.
public land.
PO14 Driveways and crossovers AO14.1 Only one driveway and Only one driveway is proposed
are located so they do not crossover is provided. for the dwelling.
impede the safe and efficient
use of the road network.
AO14.2 Where the premises has N/A
frontage to more than one
formed and sealed road and the
roads have differing orders in
the Road Hierarchy, the
driveway and crossover is
provided on the frontage with
the lower order.
AO14.3 For corner lots, driveways N/A
and crossovers are located
in accordance with Council’s
standard drawings.
AO14.4 If in the Rural zone or Rural The driveway crossover will be
Residential zone, the driveway constructed to provide a
and crossover is located to minimum safe sight distance in
provide minimum safe sight accordance with Austroads.
Crossover is to an existing
distances in accordance with
access easement that services
Austroads. 6 allotments.
PO15 Bushfire hazard AO15 Within a bushfire hazard area The proposed dwelling will be
management: where there is no reticulated connected to a 5,000 litre
rainwater tank for fire fighting
water supply, the premises
purposes. The 5,000L tank will
Where located in a Bushfire has: be fitted with a 50mm camlock
Hazard Area as shown on (a) an accessible dam, fitting (fire brigade fitting) to
the Bushfire Hazard Overlay swimming pool or water ensure the tank is in operational
Map in Schedule 2 and not in order.
tank available for
a water service area, an
adequate, reliable, safely firefighting purposes
located and freely accessible with an onsite water
water supply is provided for volume of not less than
fire fighting purposes, which 5,000 litres; and
is in addition to day to day
water supply. (b) a water supply outlet
pipe 50 millimetres in
diameter and fitted
with a standard fire
brigade fitting
connected to the
water supply (other
than where the water
supply is in a
swimming pool or
dam).
PO16 Flood hazards: AO16.1 Where the development is N/A
located in the Flood Hazard
21 | P a g e
Page 22
Development is designed Area as shown on Flood Hazard
and sited to ensure risk to Overlay Map in Schedule 2,
people and property from the finished floor level of
flooding is avoided or habitable rooms is at least
minimised. 300 millimetres above the
Defined flood event (DFE).
Where the DFE has not been
AO16.2 N/A
modelled for the area, the
finished floor level of
habitable rooms is at least
500 millimetres
above the highest recorded
flood.
PO17 Underground car parking No acceptable outcome N/A
areas are designed to drain provided
and function safely during a
flood event and power
failure.
PO18 Major electricity AO18.1 Development including any The proposed dwelling has
infrastructure & substations: sensitive land uses is at least: been sited at least 50m from a
transmission substation, 10m
(a) 50 metres from a from any other substation and
Development is sufficiently transmission substation; 30m from a transmission line
separated from major (b) 10 metres from any other easement.
electricity infrastructure and substation; and
substations to minimise the
likelihood of nuisance or (c) 30 metres from a
complaint. transmission line
easement.
Habitable buildings are not The subject site is not subject to
AO18.2 located within an easement for a any easements.
distribution line.
PO19 Development is located and AO19 Noise emissions do not exceed There is no adjoining or nearby
designed to avoid or 5db(A) above background noise infrastructure that will cause
minimise noise nuisance level internal to a habitable noise pollution or nuisance to
from the use of building measured in the dwelling.
infrastructure. accordance with AS1055.
PO20 Wherever practicable AO20 Where adjoining substations or N/A
habitable buildings are major electricity infrastructure,
orientated to avoid direct habitable buildings are
overlooking of major orientated so that the majority of
electricity infrastructure or outdoor living areas and
substations. windows of habitable rooms face
away from the infrastructure.
PO21 Earthworks and Drainage: AO21 Filling other than accessways: Filling is ensured to not extend
more than 3m around the main
(a) does not extend more building, will not exceed 500m2
Earthworks and drainage than the equivalent of 3 and will not impact local
operational works do not metres around the main drainage on adjoining
directly, indirectly or building, measured from properties. No filling is proposed
cumulatively cause the outer walls of the for the dwelling.
adverse building;
impacts external to the
(b) is limited to a maximum
development site by:
of 500m2; and
(a) causing ponding of
(c) does not impact on the
water on the site or
local drainage of adjoining
nearby land;
properties.
(b) increasing
22 | P a g e
Page 23
flooding, which
adversely affects
the safety or use
of any land
upstream and
downstream;
(c) adversely
affecting the flow
of water in any
overland flow
path; and
(d) adversely
affecting the
privacy or visual
amenity of
surrounding
property.
PO22 Landslide hazard area: AO22.1 Development, including The proposed dwelling is
associated access, is not located outside the landslide
Development maintains the
hazard overlay mapping
safety of people, property located on land identified as a
therefore this criteria does not
and hazardous materials landslide hazard area on a apply.
stored in bulk from the risk of Landslide Hazard Overlay Map.
landslide.
AO22.2 Development, including
associated access, is located
outside moderate, high and
very high landslide hazard
areas and areas with 15%
slope or greater, as determined
by a sitespecific slope
analysis.
Or
AO22.3 A sitespecific geotechnical
assessment is prepared by a
registered professional
engineer to certify that:
(a) the stability of the site,
including associated
buildings and
infrastructure, will be
maintained and
operational for the life of
the development;
(b) the site is not subject
to the risk of landslide
activity originating
from other land,
including land above
the site; and
(c) development of
the site will not
increase the
risk of landslide
activity on other
23 | P a g e
Page 24
land.
Any specific measures identified
AO22.4 in a site specific geotechnical
assessment for stabilising the
site or development are to be
fully implemented.
24 | P a g e
Page 25
4.5. BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY CODE
Compliance with acceptable outcomes:
Performance outcomes Acceptable outcomes
Ecologically important areas
PO1 Development is sited and AO1.1
Ecologically important areas are
designed to protect the physical The majority of the
conserved or improved to ensure sites vegetation will be
and ecological integrity and their ongoing contribution to the
biodiversity of ecologically retained to ensure the
natural resources and biological ongoing contribution to
important areas through
diversity of Noosa Shire. the natural resources
protection of:
And and biological diversity.
a. existing habitat areas and
ecological linkages; and
b. existing riparian vegetation, AO1.2 Buildings, structures and associated The dwelling has been
waterways and wetland sited in the proposed
works are located within existing
habitat values. location to utilize the
cleared areas or areas of lowest
existing cleared area.
ecological value. By doing so clearing
will be minimized to
And preserve the ecological
value of the area.
AO1.3 Where constructing a dwelling house As per above.
or community residence, buildings
and associated structures are not
located on land identified as an area
of biodiversity significance on a
Biodiversity, Waterways and
Wetlands Overlay Map.
Or
Clearing vegetation (other than for a Clearing vegetation for
driveway access) does not extend the purposed of the
dwelling has insured
beyond-
clearing does not
a. 30 metres of a habitable extend beyond 500m2.
building or 10m of a class
10 structure on lots greater
than 10 hectares; or
b. 10m of a habitable building
or class 10 structure on lots
10 hectares of less but
more than 3,000m2; or
c. 3m of a habitable building
or class 10 structure on lots
3,000m2 or less.
And
AO1.4 Clearing of vegetation for a Clearing for a
boundary fence does not extend boundary fence will not
beyond 5m either side of the fence. extend beyond 5m.
Management of impacts
PO3 AO3.1 Where clearing of vegetation
Development is designed and
sited to manage adverse cannot be practicably avoided,
impacts on ecologically the development:
important areas by:
25 | P a g e
Page 26
a. Ensures the design and The dwelling has been
a. Minimizing the total
siting limits the loss of sited in the proposed
footprint within which all location to utilize the
activities, building, vegetation to the
existing cleared area.
structures driveways and smallest extent By doing so clearing
other works are possible; will be minimized to
contained; b. Protects and retains preserve the ecological
ecological values and value of the area.
b. Locating development in
existing cleared areas or ecosystem processes
areas of low ecological to the greatest extent
value over other areas to possible within and
the greatest extent adjacent to the site;
possible; and c. Provides measures to Vegetation has been
allow for safe maintained to
c. Incorporating siting and
movement of fauna approximately 80% of
design measures to
through the site; and the subject site to
protect and retain ensure safe movement
ecological values and d. Provides suitable habitat of fauna is maintained.
ecosystem processes replacement and
within or adjacent to the replanting in
development site; and accordance with PSP3
Ecological Assessment
d. Where adverse impacts
Guidelines.
have been minimized, any
residual impacts on
ecological values are AO3.2 Habitat trees, recruitment A protected plan
compensated for through habitat trees, and roosting, survey report and
suitable habitat breeding and feeding areas are vegetation
replacement and protected for native fauna management report
replanting on site in the habitat. has been prepared to
first instance or in a way ensure vegetation is
that results in a net gain maintained in an
appropriate manner.
and enhancement of the
overall habitat values of
Noosa Shire.
PO4 AO4.1 Vegetation is protected from
Development provides for
disturbance of damage from Throughout the
effective measures during construction of the
construction and operation to construction and operation
dwelling vegetation will
protect ecological values activities by: be protected to ensure
including: a. Clearly marking trees to vegetation is not
a. Avoiding disturbance to or be retained with further disturbed.
clearing of vegetation in flagging tape;
and within the vicinity of b. Installing protective
the site; fencing around the
pipeline of the
b. Managing habitat
vegetation and avoid
disturbance and physical
filling and excavating in
harm to fauna from noise,
these fenced areas;
vibration, dust, light,
dewatering or excavating; c. Ensuring stockpiling,
and storage and vehicle
parking occurs outside
c. Avoiding clearing in areas
the identified
where erosion or slippage
vegetation areas; and
could occur.
d. Using low impact
construction
techniques around
vegetation.
26 | P a g e
Page 27
AO4.2 Vegetation which is capable of Vegetation will be
forming or contributing to a retained to
approximately 80% of
buffer between different land
the site to ensure the
uses or a buffer against visual amenity,
pollution, light spillage or noise pollution, light spillage
is retained. and noise is retained.
The existing vegetation
will act as a
Lighting associated with
AO4.3 screen/buffer in
development: ensuring these
a. Does not contribute an measures are
unacceptable level of maintained.
illuminance (greater than 1
lux) for light sensitive Lighting associated
species within or at the with the dwelling will
be incorporated to
boundary of an
ensure an acceptable
ecologically important level of illuminance is
area; and maintained.
b. Does not contribute to an
unacceptable level of
illuminance on landward
horizons along coastal
areas and known marine
turtle nesting beaches.
Clearing of vegetation does not The dwelling is located
AO4.4 involve clearing that may outside the landslide
overlay and is
cause or contribute to hillslope
therefore highly
erosion, bank erosion, or
unlikely to cause or
slippage. contribute to hillslope
erosion, bank erosion,
or slippage.
Connectivity
PO5 Development is designed AO5 Development is designed and
and operated to maintain The dwelling has been
operated to maintain ecological sited in the proposed
and enhance connectivity linkages and maximise opportunity location to utilize the
between and across for connectivity and the movement existing cleared area.
ecologically important areas of fauna by: By doing so clearing
and connecting habitat and will be minimized to
support unimpeded and safe a. Ensuring protection of wildlife
preserve the ecological
movement of terrestrial and refuges; linkages and maximise
aquatic fauna. the opportunity for
b. Maintaining vegetation in
patches of the greatest connectivity for the
movement of fauna.
possible size and within the
Vegetation will be
smallest possible edge-to- retained to
area ratio; approximately 80% of
c. Enhancing connectivity the site to ensure the
ecological value of the
through planning and
site is maintained.
rehabilitation works, including Connectivity through
across property boundaries, planning has been
to areas of national park, state carefully considered
forest or reserve; and has been
designed to ensure
d. Avoiding the creation of fauna has safe
physical barriers and safety movement through
hazards (such as roads, property boundaries.
pedestrian access and
instream structure) along and
27 | P a g e
Page 28
within the ecological linkage;
e. Providing mitigation measures
such as wildlife movement
infrastructure, fauna exclusion
and directional fencing,
underpasses/overpasses and
traffic calming devices,
signage and lighting; and
f. Where offsets are necessary,
delivering offsets that support
and enhance ecological
linkages.
Waterways and wetlands
PO6 The biodiversity and AO6.1 Development and clearing of
ecosystem values of The dwelling and
vegetation does not occur within: clearing has been sited
waterways, wetlands and
adjacent riparian zones are a. A riparian buffer area; outside the riparian
protected by: buffer area and
b. A wetland area; or wetland area to ensure
a. Avoiding any new
c. 10m either side of the centre waterways and
development in a riparian
line of wa waterway identified wetlands are retained.
buffer area and wetland
area; on a Biodiversity, Waterways
b. Retaining aquatic and and Wetlands Overlay Map.
terrestrial habitat in
riparian zones;
c. Maintaining and AO6.2 Development provides for the N/A
enhancing wildlife rehabilitation of land within:
corridors and connectivity
a. A riparian buffer area;
along watercourses and
drainage lines for native b. A wetland area; or
fauna movement;
c. 10m either side of the centre
d. Avoiding edge effects and
line of wa waterway identified
damage from adjacent
land uses; on a Biodiversity, Waterways
and Wetlands Overlay Map.
e. Maintaining stream
integrity and bank stability
by minimizing bank AO6.3 N/A
erosion and slumping; Recreational facilities (eg.
Playgrounds, pergolas,
f. Maintaining water quality
through filtering barbeques) are setback a
sediments, nutrients and minimum of 10 metres from the
other pollutants, and top bank of a waterway.
g. Removing pest species
and replacing them with
local native species.
PO7 Vegetation within 400 metres N/A
No acceptable outcome provided
of the full ponded water within
Lake Macdonald is retained
PO8 Development on land adjacent AO8.1 Development adjacent to a
to a waterway or wetland N/A
waterway or wetland provides
maintains appropriate extent
than:
of public access to waterways
and wetlands and minimizes a. No new lots directly back onto
edge effects. a riparian buffer area; and
b. New public roads are located
between a riparian buffer area
or riparian zone and the
proposed development area.
28 | P a g e
Page 29
Surface and ground water hydrology
PO9 Development ensures than AO9.1 Development does not impact on
the natural surface water and The site has no access
the natural surface water of to reticulated water,
ground water hydrologic
groundwater hydrologic regimes sewerage, or
regimes of waterways,
wetlands and hydrologically- and this is facilitated by: stormwater. The site
sensitive plant communities a. Avoiding or minimizing uses effluent disposal
are not adversely impacted. system for treatment of
channelization, redirection or
wastewater, water tanks
interruption of flow; for potable water supply
b. Avoiding groundwater and disposes of
extraction; stormwater overland to
mimic overland flow
c. Maintaining groundwater conditions. The
recharge and discharge proposed dwelling will
processes; not impact the natural
surface water of
d. Maintaining natural groundwater hydrologic
groundwater fluctuations; regimes and is therefore
deemed to comply with
e. Avoiding causing ingress of
the acceptable
saline water into freshwater outcomes.
aquifers of wetlands; and
f. Avoiding contaminants
entering groundwater (e.g.
from runoff, effluent disposal).
Rehabilitation of ecologically important areas
PO10 Development provides for AO10.1 Landscaping and rehabilitation
ecologically important areas to Vegetation will be
complements and supports retained to
be restored and enhanced
ecologically important areas by: approximately 80% of
through:
a. Utilizing local native species; the site to ensure the
a. Designing landscaped
ecological value of the
areas to complement and b. Utilizing suitable plant species site is retained.
enhance existing
identified in PSP2
vegetation and ecological
Landscaping; Fauna movement has
linkages;
been carefully
b. Removing species likely c. Restoring degraded considered to ensure
to displace native flora ecosystems to achieve a fauna has safe
species or degrade fauna functional ecosystem state movement though the
habitat; that requires minimal human adjoining property
c. Replanting and intervention; boundaries.
rehabilitating degraded
habitat; d. Replicating adjacent remnant
d. Replacing any vegetation habitats of the same type,
removed with suitable including the understory
local native species; vegetation;
e. Providing for fauna e. Creating or enhancing
habitat; and linkages between existing
f. Avoiding the planting of habitats;
pest plant species.
f. Avoiding the use of pest plant
species listed in PSP2 –
Landscaping;
g. Planting riparian zones to filter
stormwater run-off, stabilize
soil and provide for wildlife
habitat; and
h. Providing ground and arboreal
structures for fauna, which
may include ground
29 | P a g e
Page 30
depressions, rocks, hollows,
nesting boxes and in-stream
habitat.
Vegetation cleared is replaced
AO10.2 The clearing of
with:
vegetation has been
a. Planting of equivalent area minimized to ensure
that replicate the floristic ecological linkages are
structure of the vegetation maintained.
Approximately 80% of
removed; or
the sites vegetation
b. Where this is not possible due has been retained.
to the characteristics of the
site and the development,
planting twice the number of
the removed trees and plants.
Koala habitat protection and enhancement
PO11 Development is designed, PO11.1 Development design complies with
constructed and operated to- The proposed dwelling
the Koala-sensitive Design has been sited and
a. Protect and enhance Guideline: A guide to koala designed to avoid
koalas and koala habitat sensitive design measures for adverse impacts on
and avoid adverse
planning and development koalas, koala habitat
impacts;
activities. values and habitat
b. Provide measures to connectivity by siting
assist the survival of koala the dwelling within an
populations in the area to area that has
Development incorporates
mitigate any potential PO11.2 previously been
threats or risk to koalas; revegetation and landscaping that
partially cleared,
and provides food, shelter and
minimizing the
c. Provide for safe and movement opportunities for proposed clearing area
appropriate koala koalas. and ensuring adequate
movement across the area is maintained
landscape. between the dwelling
PO11.3 Development is designed to and koala habitat
maximise and enhance trees.
connectivity between koala habitat
trees and ensure safe koala The proposed dwelling
has retained
movement.
approximately 80% of
the existing vegetation
to ensure koalas are
PO11.4 During construction, measures are provided food, shelter
incorporated to not increase the and movement
risk of death or injury to koalas, by opportunities.
including safe koala movement
measures, as defined in the The proposed dwelling
Planning Regulation 2017. has been designed in
accordance with
Schedule 11, Part 1, 1,
g of the Planning
Regulations 2017 to
ensure development
does not result in a
footprint exceeding
500m2.
During the construction
of the dwelling an
30 | P a g e
Page 31
abundance of
measures will be
incorporated to ensure
the risk of death or
injury to koalas is
minimized. These
measures could
include; ensuring no
koalas are located in
trees before the
removal of vegetation,
preserving the safe
movement of koalas,
koala exclusion fencing
etc.
Bushfire Management
PO12 Bushfire management Please see attached
No acceptable outcomes provided
measures are adopted based bushfire management
on ecological principles, report.
which:
a. Maintain and enhance
biodiversity;
b. Minimize threat of fire to
the natural environment,
as well as life and
property; and
c. Provide for effective use
and maintenance of
buildings and structures.
Scenic amenity
PO13 The scenic amenity and AO13.1 Vegetation is retained:
vegetated character of the The proposed dwelling
landscape is protected by a. On and within 30 metres of is not located on a
retaining vegetation: prominent ridgelines and on ridgeline and will
sloping sites; therefore preserve the
a. Along and around
visual amenity of the
watercourses and b. In gullies; adjoining neighbours
drainage lines;
c. Along watercourses and and surrounding area.
b. On steep slopes and
ridgelines; drainage lines;
The proposed dwelling
c. Along the major road d. Within 10 metres of the major is not connected to a
network; and road network; and major road network
d. That forms coastal vistas and will not impact the
e. Along the front coastal dune visual amenity from the
to and from beaches.
system. streetscape.
31 | P a g e
Page 32
6. CONCLUSION AND RECOMMENDATIONS
This application seeks a Development Permit for Material Change of Use to construct a dwelling within
the Biodiversity, Waterways and Wetlands Overlay. The proposal is code assessable development under
the Noosa Plan and a consistent use within the Rural Residential Zone. The application can comply with
the code requirements by compliance with the performance outcomes and overall outcomes.
The proposed dwelling is located within the Biodiversity, Waterways and Wetlands Overlay area. The
development is located within a partially cleared area outside the Landslide overlay. The clearing of
vegetation has been limited to under 500m2 to ensure the ecological values of the subject site and
surrounding area are preserved.
It is therefore suggested that the assessment manager decide the proposal favourably.
32 | P a g e