Delegated Report - Code - Planning MCU21 0199

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0199
Applicant	Clarke Rural Property Trust
Proposal	Material Change of Use - Caretaker’s accommodation
Properly Made Date	16 November 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	4 February 2022
Report Completed Date	10 January 2022
Report Reviewed By	Lisa Pienaar, Development Planner

PROPERTY DETAILS
Property Address	103 Echidna Lane Lake Macdonald Qld 4563
RP Description	Lot 3 SP 301612
Land Area	31.6700 Hectares
Existing Use of Land	Rural pursuits

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural Zone
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide Hazard Overlay Regional Infrastructure Overly
Assessment Type	Code
PROPOSAL
This application seeks approval for a Development Permit for Material Change of Use to establish Caretaker's Accommodation, involving land described as Lot 3 on SP301612, situated at 103 Echidna Lane, Lake MacDonald. The proposal seeks to establish Caretaker’s Accommodation in the southwest section of the subject site, within close proximity to the existing dwelling house. There is currently a full-time property manager that lives on the property (in a caravan) and looks after the cattle, fencing and other aspects of the rural activity as the property owner lives in Brisbane. The purpose of the Caretaker’s Accommodation is to establish a permanent dwelling better suited to the property manager’s needs.
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 subject site is irregular in shape and comprises an area of 31.0634ha of varying topography.
The subject site gains access to the road network via Echidna Lane, a shared driveway under easement which traverses western boundary of the site. Access to the existing dwelling house is facilitated via a driveway, which stems from Echidna Lane.
Surrounding Land Uses
The subject site is adjoined by properties that are likewise included within the Rural Zone, predominantly comprising detached dwelling houses on large allotments. The hilly terrain of the area has resulted in predominantly residential uses, with cattle grazing activities also occurring.
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;
Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code;
Works Codes;
Agricultural Land Overlay Code;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Landslide Hazard Overlay Code; and
Regional Infrastructure Overly Code.
The subject site is located in Lake Macdonald 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:
Caretaker’s Accommodation
AO2.1 of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code requires the following:

In the Rural zone, caretaker’s accommodation is:
located within 50 metres of the primary use of the site, for which the caretaker is responsible;
on a site with a minimum area of 20 hectares, accommodating an existing rural activity; or
The corresponding Performance Outcome PO2 requires the following:

Caretaker’s accommodation is used for bona fide caretaking or property management purposes such that:

in the Rural zone, caretaker’s accommodation is required because of the need to caretake a non-residential activity on site; or

The Caretaker’s Accommodation is required as it will be used to managing the bona fide rural activity on the site. The applicant has advised that the “…property usually runs approximately 40 head of cattle. There are 32 weaner heifers onsite at the moment after 20 steers were sold in August, as demonstrated by the Cattle Sale Advice/Invoices attached at Appendix D. As mentioned above, the property owner lives in Brisbane and a full-time caretaker is required to tend to the cattle, fencing and other aspects of the rural activity.”
Based on Council’s aerial mapping, it is evident that the property operates an agricultural activity on the site. The land has an area of 31.67 hectares and is zoned rural. The proposed development is in keeping with the provisions of the code and the application has demonstrated the caretaker’s residence would be used for bona fide management purposes.
The caretaker’s residence has a gross floor area of 83m2, thus complying with the maximum allowable floor area of 90m2 as required in AO4.6 of the code.  The caretaker’s residenceis in keeping with the other built form requirements of the Rural Zone Code.
Bushfire Hazard Overlay
AO1.1 of the Bushfire Hazard Overlay Code requires that development does not materially increase the number of people living or congregating on premises, including reconfiguring a lot, is not located within a medium or high bushfire hazard area.
The site contains a cluster of fragmented vegetation which is mapped as medium hazard under the overlay. An arbitrary impact buffer is provided to the permitter of the vegetation which is mapped over the proposed building site.
It is acknowledged that the subject site triggers assessment against the overlay however the works are not located in a medium or high bushfire hazard area and is only sited within the arbitrary impact buffer. Further, appropriate fire breaks have been established between the proposed dwelling and existing hazard vegetation and the Caretaker’s Accommodation will be designed in accordance with the QDC and relevant BAL requirements.
Biodiversity, Waterways and Wetlands Overlay
It is acknowledged that the site is subject to the Biodiversity, Waterways and Wetlands Overlay Code of the Noosa Plan 2020. The proposed Caretaker’s Accommodation will be sited entirely outside of the constrained areas (including the Riparian Buffer Area) and no vegetation is proposed to be removed.
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 MCU21/0199 for a Material Change of Use - Caretaker’s accommodation situated at 103 Echidna Lane Lake Macdonald Qld 4563 and described as Lot 3 SP 301612, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0199
Street address:	103 Echidna Lane Lake Macdonald Qld 4563
Real property description:	Lot 3 SP 301612
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 - Caretaker’s accommodation
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
SK-01	P1	Overall Site Plan, prepared by FSA Design	-
-	-	Concept Sketch, prepared by FSA Design	14 July 2021
-	-	Elevation, prepared by FSA Design	14 July 2021
-	-	Elevation, prepared by FSA Design	14 July 2021
Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Use
The approved development must be used for the purpose of full-time caretaking associated with the established agricultural activity occurring on the site.
The caretaker’s accommodation is not permitted to be used for other residential purposes (short term accommodation, residential lease not associated with agricultural activity etc.)
Currency Period
This development approval lapses if the use has not happened by 11 January 2028, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the development must not exceed 8.0 metres above the finished ground level and the natural ground level.
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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
Not applicable.
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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