Delegated Report - Code - Planning MCU21 0049

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0049
Applicant	Anthony Francis Mcdonough
Proposal	Material Change of Use - Dwelling house
Properly Made Date	22 March 2021
Information Request Date	8 April 2021
Information Response Date	11 May 2021
Decision Due Date	15 June 2021
Report Completed Date	15 June 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	26 Little Springs Lane Lake Macdonald Qld 4563
RP Description	Lot 4 RP 905954
Land Area	7,132m²
Existing Use of Land	Vacant Block

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay; Bushfire Hazard Overlay; and Landslide Hazards Overlay;
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house is located in an area that has a gentle slope near the front boundary. The proposal is triggered for clearing vegetation in the Biodiversity, Waterways, and Wetland Overlay mapped area and for not providing 2 covered carparking spaces.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Details

Figure 4 – Floor Areas

Figure 5 - Elevations
site details
Background
The existing vacant block was subdivided in 1996.
Site Description
The site is a vacant block of land at the size of 7,126.5m2. The property contains extensive vegetation at the rear of the property with the least amount of vegetation towards the front of the property. The site is quite sloped with only the front of the property being outside of the landslide hazard overlay. The premises gain access through the existing easement over lot 3RP905954.
Surrounding Land Uses
The property has 3 adjoining neighbours:
29 Little Springs Lane: Dwelling House;
22 Little Springs Land: Vacant Block;
11 Gwandalan Road: State Land Nature Reserve.
The surrounding neighbourhood is mostly dwelling houses in a rural residential setting.
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 Residential Zone Code;
Low Density Housing Use Code;
Works Codes;
Biodiversity, Waterways, and Wetlands Overlay Code
The subject site is located in Lake Macdonald and is zoned Rural Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	1 storeys 6.4 metres	
Site cover	30% max	3.1%	
Gross floor area	500m² max	110m²	
Roof Area	500m2 max	222.64m2	
Boundary setbacks Side (Frontage to easement) Side (North) Side (South) Rear	6 metres min 6 metres min 6 metres min 6 metres min	14.5 metres 6.89 metres 12 metres 53 metres	
Roof Form Pitch Eaves	Min 5 degrees Min 600mm to 75%	5/10/12 degrees 100%	
Carparking	2 covered min	2 uncovered	X
Carparking
The proposal is non-compliant with AO7 of the Low Density Housing Code as the proposed dwelling house does not contain 2 covered car parks and instead proposes 2 uncovered car parks.
The proposal meets PO7 as the 2 uncovered car parking spaces provide sufficient car parking for the proposed use. Since the subject site is in the rural residential zone there is sufficient area on site to constructed covered car parking spaces with no issues at a later date.
Biodiversity
The proposal is non-compliant with AP1.3 of the Biodiversity, Waterways and Wetlands Overlay Coe as the construction of a dwelling house and associated structures are located on land identified as an area of biodiversity significant on a Biodiversity, Waterways, and Wetlands Overlay Map.
The entire subject site is all mapped Environment Significance, and therefore some areas of vegetation will need to be removed to facilitate the construction of a Dwelling House. To minimise the amount of vegetation required to be cleared, the proposal site for the dwelling house is the preferred location as it is located in an area that contains the lesser amount of vegetation, and is closer to the access road to avoid additional clearing for driveways.
The entire site is also mapped Core Koala Habitat and Koala Priority Area which allows for the clearing of 500m2 for the dwelling house and associated buildings, with the exclusion of additional clearing for access and bushfire. The applicant has provided a clearing plan, as shown below, which Council has accepted as meeting the exempted development definition in the Planning Regulations 2017.

Figure 6 – Clearing Plan
Landslide Hazard:
The subject site consists of Landslide hazard area over most of the site apart from the section at the front of the site. The proposed house locations are outside of the landslide hazard area and does not need to be assessed further.
Bushfire Hazard:
The entire subject site is covered by high potential bushfire hazard. However, the bushfire hazard overlay does not trigger for a Material Change of Use – Dwelling house. The application process did request a bushfire hazard report in order to justify the amount of clearing required for the development to ensure that no excessive clearing is being proposed. The proposed clearing plan is generally in accordance with the bushfire hazard report provided during the assessment.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environment Officer
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 MCU21/0049  for a Material Change of Use - Dwelling house situated at 26 Little Springs Lane Lake Macdonald Qld 4563 and described as Lot 4 RP 905954, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0049
Street address:	26 Little Springs Lane Lake Macdonald Qld 4563
Real property description:	Lot 4 RP 905954
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
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
A104	-	Site Plan	11/05/2021
A103	-	Site Detail	11/05/2021
A102	-	Floor Area	24/10/2020
A111	-	Roof Plan	24/10/2020
A106	-	Elevations Bedrooms	24/10/2020
A101	-	Level 1 Floor Plan	24/10/2020
A105	-	Elevations Living	24/10/2020
A112	-	Clearing Plan	11/05/2021
Currency Period
This development approval lapses if the use has not happened by 15 June 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000.00 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
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must be generally in accordance with the approved clearing plan: A112.
Fauna or fauna habitat relating to tree removal/clearing works must be managed by a qualified person* in accordance with the requirements of the Nature Conservation Act 1992.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.

Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 45,000 litres.
Bushfire Management
An on-site water supply available for firefighting purposes must 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.

Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.

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:
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
Qualified Person
Qualified Person, for the purpose of undertaking Fauna site works is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from The Department of Environment & Heritage Protection will also be required.
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 self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*https://www.noosa.qld.gov.au/downloads/file/2833/vehicle-crossover-application-pack
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority

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 work.
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 10 of 10

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
 

 

YD
ais <7

00S: 1

\

\ anv
SONIUdS SLL

S
ruc

 

 

 

owning

 

 

 

 

 

 

 

 

 

 

/
/
ef
uruow wcpownuct

BUILDER

0407 493 611
LEONIE STEPHENS & ‘SITE PLAN
MARK TYLER Pred ror =
26 Little Springs Lane = me A104
Lake MacDonald Sag ae

 

 

‘Coetos by a

 

 

 

 

 


[Attachment: image3.png (image text)]
 

 

| seen en

| t I SEE GEO TECH REPORT
|
|

   

 

 

 

 

 

 

 

s a
2
_ Ze
’ . 4
58, L 7 <
a <
ANTHONY MeDONOUGH
BUILDER
0407 493 611
(q) Site \
(1)
LY 4: 200 \ LEONIE STEPHENS & _ | SITE DETAIL
MARK TYLER Prgecranaer =
\ 26 Little Springs Lane oe sez A103
\ Lake MacDonald Sa a [Se z

 

 

 

 

 

 

 


[Attachment: image4.png (image text)]
 

 

> FLOORS AREA
QD 4100

 

 

 

 

 

 

 

 

 

 

 

 

5500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‘20m2 TMBER FLOOR
cpa soc
! I
\
! I
DECK 4a
1
11800

 

  

 

 

 

 

 

 

A WV a /
) Dy romeo)
SS comer / /

 

 

 

 

 

 

 

SN Sf /
WV
JL
LEONIE STEPHENS & FLOOR AREA
MARK TYLER sae
26 Little Springs Lane oa aa A102
Lake MacDonald ceng ease

 

 

eae “a

 

 

 

 

 


[Attachment: image5.png (image text)]
 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NTH (>) STH
QD 4-100 E) 4100 +200 300
PITCH POINT PITCH POINT gy
aD < aaa 86
HT g
° Levelt gy Levelt
SBE nocd st 7
= SUBFLCOR_ gp °
1000 8
(3) EST (a) WST
WY 14: 100 4) 12100

  
       

PITCH POINT 5
2760 \

6447.73

Levelt
0

ANTHONY MeDONOUGH

BUILDER
0407 493 611

 
 
   
   
   

PITCH PO!

Level

INT ay
2750) &

0

 

 

LEONIE STEPHENS &
MARK TYLER

26 Little Springs Lane
Lake MacDonald

 

 

 

 

 

ELEVATIONS BEDROOMS

ae =

Dae 20020 A106

ene ears

creates ‘au [sae Ti

 

 

 

 

 

 

 

 


[Attachment: image6.png (image text)]
 

 

a) CLEARING PLAN

1: 500

115.51m

} BuLDING
LINE:
\

PROPOSED CLEARING AREA

 

 

 

 

A112

 

 

 

 

 

CLEARING PLAN

‘Shack by

 

LEONIE STEPHENS &

MARK TYLER
26 Little Springs Lane
Lake MacDonald

 

 

 

 

 

 

 

 

PROPOSED CLEARING AREA