Delegated Report - Code - Planning MCU20 0153

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0153
Applicant	Shona and Richard Macleod c/- Fluid Building Approvals
Proposal	Material Change of Use - Dwelling house
Properly Made Date	9 December 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	19 February 2021
Report Completed Date	19 February 2021
Report Reviewed By	Glen Conforti 16 February 2021

PROPERTY DETAILS
Property Address	78 Davis Rd Cootharaba Qld 4565
RP Description	Lot 3 on SP139163
Land Area	5.292 Hectares
Existing Use of Land	Shed

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity (Area of Biodiversity Significance and MSES Environmental Values) Bushfire Hazard (Potential Impact Buffer, Medium Potential Bushfire Intensity and High Potential Bushfire Intensity) Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house is a removal house consisting of 3 bedrooms, one bathroom and an open kitchen/living/dining area.
The application was triggered due to non-compliance with Acceptable Outcome AO2.4 of the Rural Zone Code, which states ‘No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2’.
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 5.28 hectare, irregularly shaped rural zoned lot. The site slopes from the north eastern corner down to the south western corner, and is mapped with Biodiversity along the eastern half and south western corner of the lot.
Surrounding Land Uses
The subject site is located in a rural zoned area and is surrounded by rural zoned lots. Cropping activity is being carried out on a lot approximately 180m to the south of the subject site. The adjoining lot to the west has a waterway running the length of the property and is predominatly mapped as Riparian Buffer Area.
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; and
Low Density Residential Use 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 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 / 9 metres	1 storey 6.7 metres	
Site cover	N/A	N/A	N/A
Gross floor area	500m² max	81m²	
Boundary setbacks Frontage Side (north) Side (south) Rear	10 metres min 10 metres min 10 metres min 10 metres min	177.5metres 69.0 metres 57.5 metres 144.0 metres	
Roof Form Pitch Eaves	N/A N/A	N/A N/A	N/A N/A
Carparking	2 covered min	2 covered	
Agricultural Separation
Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code require sensitive land uses to be a minimum of 200m from the ALCA on adjoining properties so as not to compromise good quality agriculture land from the potential effects of sensitive land uses on neighbouring properties.
Lots located along Davis Road, including the adjoining properties to the north and south of the subject site are similar in scale, with an area ranging between 3 and 10 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.  Most of the smaller lots in proximity to the subject site contain single dwelling houses.
Desktop analysis of existing aerials indicates no rural activities are being carried out on ALCA land mapped within 200m of the dwelling house site, though it is noted that a property to the south (96 Davis Road), approximately 250m from the proposed dwelling, does contain cropping (refer to Figure 5). Additionally, the adjoining property to the rear is 55 hectares in size, however is largely constrained for rural activities due to the riparian buffer mapped on a majority of the site.

Figure 5: 200m perimeter from house site and proximity to cropping at 96 Davis Rd
The siting of the dwelling is considered acceptable as it is not within 200m of rural activities on adjoining properties.
Biodiversity and Bushfire Hazard Overlays
The applicant has provided the following comments in regards to proposed vegetation removal:
The house removalists have advised the below:
“The house being shifted to site needs 7.5 to 8m wide clearance. The existing driveway has enough clearance for the house to move along. The new proposed driveway needs 8m clearance for the house to travel into the proposed position on site.”
They are hoping that this can be conditioned to allow the clearing along the driveway to get the house to its’ proposed location and would be happy to replant trees if required to be conditioned.
The subject site is within the Bushfire Hazard Overlay. Section 20A of the Planning Regulation 2017 exempts:
Operational work for necessary firebreaks or fire management lines
Operational work that is clearing native vegetation if -
the clearing is necessary for—
establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or
establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and
As such, a condition is included which requires clearing to be a maximum of 10m in width, without limiting the application of clearing provisions under the Planning Regulation 2017.
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 MCU20/0153 for a Material Change of Use - Dwelling house situated at 78 Davis Road, Cootharaba Qld 4565 and described as Lot 3 on SP139163, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0153
Street address:	78 Davis Road, Cootharaba Qld 4565
Real property description:	Lot 3 on SP139163
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a 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
2020084 WD-01	-	Cover Page, prepared by matt bradley designs	2020-12-02
2020084 WD-02	-	Construction Legend, prepared by matt bradley designs	2020-12-02
2020084 WD-03	-	Site Plan, prepared by matt bradley designs	2020-12-02
2020084 WD-05	-	Existing/Demo First Level, prepared by matt bradley designs	2020-12-02
2020084 WD-06	-	Existing/Demo Roof Level, prepared by matt bradley designs	2020-12-02
2020084 WD-08	-	New First Level, prepared by matt bradley designs	2020-12-02
2020084 WD-09	-	New Roof Plan, prepared by matt bradley designs	2020-12-02
2020084 WD-10	-	Elevations, prepared by matt bradley designs	2020-12-02
Currency Period
This development approval lapses if the use has not happened by 19 February 2021, 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 ground level, provided that the pitched roof is the only part of the building which exceeds 8 metres above the ground level.
Nature and Extent of Use
The approved dwelling must be used in accordance with the Dwelling house definition under the Noosa Plan 2020.
Clearing of Vegetation
Clearing of vegetation for access along the northern boundary must not exceed 10m in width, without limiting the application of clearing provisions under the Planning Regulation 2017.
No additional clearing of vegetation within the area of Biodiversity Significance is approved
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2,000 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.
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 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 45,000 litres.
A separate water supply for fire fighting purposes must be provided for the premises, which must  include:
an accessible dam, swimming pool or water tank with an onsite water volume of not less than 5,000 litres; and
a water supply outlet pipe 50 millimetres in diameter 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).
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:
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.
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 relevant State 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 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.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
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 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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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