Reasons for Exemption EXE22 0020 · EXE22/0020

Author: 						Development Planner  - Nadine Gorton
Development Assessment: EXE22/0020
APPLICATION DETAILS
Application No.	EXE22/0020
Applicant	Fluid Building Approvals
Proposal	Deck Extension and Spa
Memo Completed Date	30.09.2022
Memo Reviewed By	Lisa Pienaar – 4.10.2022

PROPERTY DETAILS
Property Address	24 Lyrebird Court Peregian Beach
RP Description	Lot 164 on P93135
details
The proposal is for an extension to an existing dwelling with the works involving an extension to and existing deck and new spa on the deck.
The proposal for minor building work triggers under Noosa Plan 2021 for Building Work assessable against the Planning Scheme, as the subject site is mapped under the Landslide Hazard Overlay.
The Planning Act 2016 allows exemption certificates to be issued where ‘the development was categorised as assessable development because of an error’.
The Low Density Housing Code includes an error in that an ‘or’ has been excluded between Acceptable Outcomes AO22.1 and AO22.2 and that a slope stability report would satisfy the acceptable outcomes if the report demonstrates as low or very low risk.

Figure 1. Error in Low Density Housing Code

Assessment
Council determined that the proposal was exempt as details below.
The applicant proposes minor additions to an existing dwelling on the site which is partially mapped as moderate landslide hazard by the Landslide Hazard Overlay map. The proposal demonstrates compliance with the relevant Acceptable Outcomes and therefore the proposal should be considered Accepted Development under Noosa Plan 2020.
The applicant has provided a Slope Stability Assessment from CGC Consultants dated August  2022 that concludes that the development will have a low risk of instability.
The proposal is compliant with all other requirements of Noosa Plan 2020.
plans / documents
The plans and documents included in this appraisal are listed in the following table:
Plan No.	Rev.	Plan/Document Name	Date
CGC-SR-2022-012-R01	1	Slope Stability Assessment prepared by CGC	August 2022
WD03		Prepared by Matt Bradley Designs	08.07.2022
WD04		Prepared by Matt Bradley Designs	08.07.2022
WD05		Prepared by Matt Bradley Designs	08.07.2022
WD06		Prepared by Matt Bradley Designs	08.07.2022
WD07		Prepared by Matt Bradley Designs	08.07.2022
WD08		Prepared by Matt Bradley Designs	08.07.2022
WD09		Prepared by Matt Bradley Designs	08.07.2022
WD10		Prepared by Matt Bradley Designs	08.07.2022
Should the plans listed above be altered or amended, the advice included in this memo is no longer applicable.
commentary
Council determined that the proposal was exempt for the following reasons:
The proposed building works have been assessed against the remainder of the Noosa Plan 2020 and comply with the planning scheme.

The applicant provided a copy of a soil test and statement prepared CGC Consulting Engineers demonstrating compliance with the relevant Acceptable Outcomes and therefore the proposal should be considered Accepted Development under Noosa Plan 2020.

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DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION

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Landslide Hazard Area
Po22

Development maintains the safety of people, property and
hazardous materials stored in bulk from the risk of landslide

 

 

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A022.

Development, including associated access, is not located on land
identified as a landslide hazard area on a Landslide Hazard Overlay
Map.

{4022.2

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 site-specific slope-
analysis,

Editor's Note—A site- specific geotechnical assessment may be
lused to demonstrate that although the proposed development is
[shown on the Landslide Hazard Overlay as being in the moderate,
high or very high landslide hazard area, the landslide risk is low or
very low.

oR

1A022.3

A site-specific 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
ofthe 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 land.

Editor's Note— PSPS Natural Hazards provides further guidance
lon assessing landslide hazard.

1022.4

[Any specific measures identified in a site specific geotechnical
Jassessment for stabilising the site or development are to be fully
implemented.