Delegated Report - Code - Planning MCU20 0146

Author				Consultant Planner
Assessment Manager 	Lisa Pienaar, Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0146
Applicant	Tara Jane Morris Donovan James Biss
Proposal	Material Change of Use - Dwelling house
Properly Made Date	4 December 2020
Information Request Date	21 December 2020
Information Response Date	21 January 2021
Decision Due Date	25 June 2021
Report Completed Date	23 June 2021
Report Reviewed By	25 June 2021 Patrick Murphy

PROPERTY DETAILS
Property Address	503 Middle Creek Rd Federal Qld 4568
RP Description	Lot 8 RP 835350
Land Area	15430 m²
Existing Use of Land	Outbuilding

STATUTORY DETAILS
SEQRP Designation	Regional Landscape & Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands (Areas of biodiversity significance, MSES Regulated Vegetation - Category R GBR riverine, riparian buffer area) Bushfire Hazard (Medium potential bushfire intensity, Potential impact buffer Landslide Hazard (Moderate hazard area, High hazard area) Regional Infrastructure (Water resource catchment area)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house.  The proposal includes a two storey dwelling house comprising of three bedrooms, multiple living spaces, 2 bathrooms, dining room, kitchen, and outdoor living spaces. The proposed secondary dwelling comprises one bedroom, a kitchenette, bathroom, and two spacious, decks.   The proposed dwelling (including the secondary dwelling) is sited within a riparian buffer zone to Middle Creek and triggers assessment against the Biodiversity Overlay Code.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Dwelling Ground Level Floor Plan

Figure 4 – Dwelling Level 1 Floor Plan

Figure 5 – Studio Floor Plan

Figure 6 – Dwelling Elevations

Figure 7 – Studio Elevations

site details
Site Description
The site is currently occupied by an existing shed (140m2) and is encompassed by Middle Creek to the north and Middle Creek road (reserve) to the south and east of the site.  The site is largely cleared of vegetation with riparian vegetation remaining along the creek.  The site generally falls from the south down to the creek with a plateau where the dwelling is proposed.
Surrounding Land Uses
The subject site is surrounded by rural properties with some smaller rural lifestyle allotments within the vicinity.
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;
Biodiversity Overlay Code
Regional Infrastructure Overlay
The subject site is located in Federal 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.
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 and 9m to the pitch of the roof	2 storeys 6.19 metres	
Site cover	40% max	2.92 %	
Gross floor area	500 m² max	425m² (inc. shed)	
Gross floor area (secondary dwelling)	65m2	< 65m2	
Setbacks Frontage Side ALCA Land Riparian buffer	10 metres min 10 metres min 200 metres min Width greater than riparian buffer area	9.2 metres <10 metres 9.2 metres Within the riparian buffer	X X X
Setbacks
Front Setback
The development proposes a front setback of 9.29m to Middle Creek Road. The site is surrounded by Middle Creek Road reserve to the south and east of the site with an unconstructed road reserve adjacent to the proposed dwelling.   The minor encroachment into the 10m setback required under the Rural zone code does not have adverse impact on amenity values or streetscape due to the large width of the unconstructed road reserve at this location.
Agricultural Land Conservation Area (ALCA) Setback
The site has a width of approximately 91m. In this regard, it is not possible to achieve a 200m setback to land mapped Agricultural Land Conservation Area.  As shown in Figure 8 below the land immediately adjacent to the site is within a road reserve and is mapped ALCA and cannot be used for agricultural purposes.  The ALCA beyond the road reserve is approximately 75m from the proposed dwelling, and it is considered that the proposed development will not result in the loss of diminished productive capacity of the mapped Agricultural Land Conservation Area and is considered compliant with Performance outcome PO2 of the Rural Zone Code.

Figure 8 – ALCA Land
Overlays
Biodiversity Overlay - Riparian Buffer
The subject site is mapped as containing an ecologically important area being a riparian buffer area along Middle Creek (as demonstrated in Figure 9 below).

Figure 9- Land subject to the Biodiversity Overlay
Performance outcome PO6a, and Acceptable outcome AO6.1 of the Biodiversity Code requires that development not occur within the Riparian Buffer area.  The proposed dwelling (and secondary dwelling) are located within the Riparian Buffer area which conflicts with the above-mentioned codes.  Refer Figure 9.  In determining if development is appropriate within the Riparian Buffer area (despite conflict with PO6a) further consideration of the Purpose and Overall Outcomes of the Biodiversity Code is required.   Overall outcome 2 b), requires development to be designed, sited and operated in a way that avoids adverse impacts on ecological important areas (ie Riparian Buffer Area), systems and process.
The proposed development is located within a cleared area with a minimum setback of approximately 18m to the secondary dwelling and 31m to the main dwelling from the northern boundary which abuts Middle Creek (mapped waterway).  The development does not propose any vegetation clearing as part of the proposal and the onsite effluent disposal area is located adjacent to the existing shed and outside the buffer area.  Therefore, compliance with Overall Outcome 2b can be achieved.
However, further to considering development within the Riparian Buffer Area, the Biodiversity Code has a strong emphasis for rehabilitation of the land within a riparian buffer area as per A06.2, PO6 c), Overall outcomes 2 c), d) e) f), g).   A rehabilitation sketch was submitted as part of the application and is provided in Figure 10 below.

Figure 10- Rehabilitation Sketch
The plan outlines the owners’ intentions to rehabilitate the shaded areas, both on and off the subject site.   The application explains that planting of medium natives extending into the existing riparian area has already been undertaken along with clearing of acres of lantana and planting of 350 stabilising riverbank native species to help with erosion issues.  The applicant has confirmed the owners desire to provide additional planting of native species to the development site, including the road reserve (for which they have approval for) and will happily accept rehabilitation works and protection conditions on the approval to safeguard these ecological measures.
Whilst the rehabilitation works outlined in the applicant’s submission to Council is acknowledged, a rehabilitation plan is required to be submitted to ensure the buffer area is rehabilitated and managed to improve the overall biodiversity ecosystem health, landscape stability and resilience.  Therefore, a condition to submit a Rehabilitation Plan as part of an Operational works application is recommended. This will ensure that Council receives a Rehabilitation Plan to assess to ensure that the proposal meets the assessment benchmarks of the Biodiversity Code.
In considering the siting of the dwelling within the Riparian Buffer Area, the setbacks of the dwellings to the northern boundary need to be adequate to allow rehabilitation to be undertaken as part of the development.   Noosa Shire – Waterways Assessment 2017, an assessment of Noosa waterways to inform the Noosa Plan and rehabilitation strategies has been considered to determine a 30m setback is required to the dwellings to ensure that adequate rehabilitation works can be undertaken.  This will require the secondary dwelling to be re-sited to be setback a minimum of 30m to the northern boundary and a condition is recommended accordingly.

Subject to conditions, it is considered the proposal can meet the purpose and overall outcomes of the Biodiversity code.
Flood Assessment
The site is not mapped as part of Flood Hazard Overlay, however, the site has been highlighted as an area for additional investigation as part of the Queensland Reconstruction Authority (QRA) Rapid Hazard Assessment.  A flood assessment was submitted by the applicant in order to demonstrate the dwellings will not be impacted by inundation in the event of a flood.  The report concludes that the peak 1% (2100) AEP flood levels (DFE) in relation to the proposed house, have a flood level within the creek of (105.44m AHD) which is over 3m lower than the proposed finished floor level (107.85m AHD). A peer review of the flood report was undertaken on Council’s behalf confirmed the rationale and flood level are considered appropriate.   A condition is recommended to read as follows:
Minimum building floor levels of all proposed structures are to be provided with a minimum elevation of 0.5m above the 1%AEP flood level calculated at year 2100, based on the flood level estimates in the report titled: ‘Flood Investigation – 503 Middle Creek Road, Federal’, prepared by PeakUrban and dated 22nd March 2021.

Regional Infrastructure Overlay Code
The subject site is located within a Water Resource Catchment area.   The Regional Infrastructure code includes provisions that ensure development has no impact on water quality.  Whilst the effluent disposal treatment area has been located outside the Riparian buffer area, the treatment area adjacent to the existing shed appears to be within overland stormwater flow path (based on aerial photography).   Conditions are therefore recommended to ensure the system does not have an impact on riparian ecosystem health, or water supply infrastructure.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environmental 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 MCU20/0146 for a Material Change of Use - Dwelling house, situated at 503 Middle Creek Rd Federal and described as Lot 8 RP 835350, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0146
Street address:	503 Middle Creek Rd Federal Qld 4568
Real property description:	Lot 8 RP 835350
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
020-059 A01-01	3	Proposed Site Plan, prepared by Mi Design Studio	06.05.21
020-059 A01-02	3	Proposed Site Plan (clear), prepared by Mi Design Studio	06.05.21
020-059 A-02-01	1	Ground Floor Plan, prepared by Mi Design Studio	03.11.20
020-059 A-02-02	1	Level 1 Floor Plan, prepared by Mi Design Studio	03.11.20
020-059 A-03-01	1	Elevations, prepared by Mi Design Studio	03.11.20
020-059 A-03-02	1	Elevations, prepared by Mi Design Studio	03.11.20
020-059 A-04-01	1	Perspectives, prepared by Mi Design Studio	03.11.20
020-059 A04-02	1	Perspectives, prepared by Mi Design Studio	03.11.20
020-059 A02-01	2	Studio Ground Floor Plan, prepared by Mi Design Studio	12.01.21
020-059 A-03-01	2	Studio Roof Plan, prepared by Mi Design Studio	12.01.21
020-059 A-040-01	2	Studio Elevations, prepared by Mi Design Studio	12.01.21
020-059 A-05-01	2	Studio Perspectives, prepared by Mi Design Studio	12.01.21
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice. The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works.
Setbacks
The development (including any balcony/deck areas) must be setback a minimum of 30 metres from the Middle Creek (waterway) boundary.
Currency Period
This development approval lapses if the use has not happened by 25 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 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
Nature and Extent of Approved Use
The approved use is one dwelling and one secondary dwelling.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Riparian Buffer Landscaping Works
Provide a Rehabilitation Landscaping works plan for the development prepared by a suitably qualified person as part of an Operational Works application, including the following minimum specifications:
Rehabilitation of the Riparian Buffer area for a minimum of 20m from the middle creek boundary to achieve the floristic composition of Regional Ecosystem 12.3.1;
Landscape planting specifications in accordance with Landscaping Code and PSP 2 Landscaping;
A planting schedule of suitable locally occurring species, plant numbers and locations, reflective of the Regional Ecosystem 12.3.1;
Control of all environmental weeds of the site in accordance with best industry practice for environmental rehabilitation which does not result in bed or bank instability;
Avoid undesirable plant species identified in PSP2 Landscaping;
Planting densities must result in a stable channel over the long term and minimal potential for pest plant species;
Existing trees on the site must be retained, unless an environmental weed.
Flood Immunity
Minimum building floor levels of all proposed structures are to be a minimum elevation of 0.5m above the 1%AEP flood level calculated at year 2100, based on the flood level estimates in the report titled: ‘Flood Investigation – 503 Middle Creek Road, Federal’, prepared by PeakUrban and dated 22nd March 2021.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Stormwater and Wastewater
The location and form of stormwater discharge points do not alter the pre-development hydrology of receiving surface water or groundwater.
Onsite effluent disposal area is:
generally located as per the approved site plan;
not located on a slope greater than 10%;
not located at or below the 1% annual exceedance probability (AEP flood event);
not located in an overland flow path.

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 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.
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

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 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.
http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
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 Operational Works	Landscaping/rehabilitation
Development Permit for Building Works	All building work
Compliance Certificate for Plumbing Works	Effluent Disposal
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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