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Delegated Report - Code - Planning MCU23 0032 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Development Planner, Lisa Pienaar
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 MCU23/0032

                    Applicant                       Stroud Homes Sunshine Coast

                    Proposal                        Material Change of Use - Dwelling house

                    Properly Made Date              27 February 2023

                    Information Request Date        Not Applicable

                    Information Response Date       Not Applicable

                    Decision Due Date               8 May 2023

                    Report Reviewed &               Nadine Gorton 8.05.2023
                    Finalised By


                    PROPERTY DETAILS

                    Property Address                13 Ironbark Ct Lake Macdonald Qld 4563

                    RP Description                  Lot 22 RP 224529

                    Land Area                       4001m²

                    Existing Use of Land            Vacant


                    STATUTORY DETAILS

                    SEQRP Designation               Regional Landscape and Rural Production

                    Zone                            Rural Residential

                    Precinct                        Not Applicable

                    Local Plan Area                 Not Applicable

                    Overlays                        Biodiversity, Waterways and Wetlands Overlay
                                                    Bushfire Hazard Overlay

                    Assessment Type                 Code

               1.      PROPOSAL
               The application seeks approval for a dwelling house and an associated storage shed to be
               constructed at 13 Ironbark Court, Lake Macdonald. The proposed dwelling is setback 15 metres



Document Set ID: 22346763
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               from the front boundary, 6.5m from southern side boundary and 10m to the northern side boundary.
               The dwelling is single storey and includes 4 bedrooms and a double garage. The proposed shed
               is 11 x 8m and is to be located to the rear of the dwelling. An on site effluent disposal area is also
               located to the dwelling’s rear.
               The application has been made to Council as the works will result in clearing vegetation in an area
               mapped as biodiversity significance by the Biodiversity, Waterways and Wetlands Overlay.
               An Ecological Assessment Report and Bushfire Report have been submitted as part of the
               application.
               The locality and proposal plans are included below.




                                                         Figure 1 – Locality




                                                         Figure 2 – Site Plan




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                                                        Figure 3 – Floor Plan




                                                      Figure 4 – Front Elevation

               2.     SITE DETAILS
               2.1. Site Description
               The site has an area of 4001m2 and is zoned Rural Residential. The lot is relatively level and is
               one of only a few lots left to develop in the rural residential estate. It is fully vegetated with tall
               open Eucalypt forest with vine forest understorey.
               The site is mapped as a Koala Priority Area by the State, but is not mapped as being a koala
               habitat area. The property is mapped with category X regulated vegetation and accordingly the
               Vegetated Management Act provisions do not apply.
               2.2. Surrounding Land Uses
               The site is surrounded by land zoned Rural Residential with the surrounding properties developed
               for detached houses. As part of the development of the Forest Acres estate, land further east of
               the site was dedicated as reserve to the state with Council as trustee.

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               3.       ASSESSMENT
               3.1. 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.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •        Rural Residential Zone Code;
               •        Low Density Housing Code;
               •        Biodiversity, Waterways and Wetlands Overlay Code
               The subject site is located in Forest Acres, 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 assessed against the above codes and the pertinent matters arising out
               of the assessment are outlined and discussed below:

                    Criteria                   Planning Scheme               Proposed               Complies

                    Building height
                    •   storeys                2 storeys                      1 storey                   
                    •   metres                 8 metres and 9m for roof       Approx. 6.1m
                                               pitch

                    Site cover                 30% max                       Less than 30%               

                    Boundary setbacks
                    • Frontage                 6.0 metres                    15 metres                   
                    • Side (north)             6 metres                      10 metres                   
                    • Side (south)             6 metres                      6.5 metres                  

                    • Rear                     6 metres                      metres                      

                    Carparking                 Two covered                   2 covered                   

               Biodiversity, Waterways and Wetlands Overlay Code
               PO1
               Development is sited and designed to protect the physical and ecological integrity and
               biodiversity of ecologically important areas through protection of:
                a. existing habitat areas and ecological linkages; and
                b. existing riparian vegetation, waterways and wetland habitat values.
               AO1.1
               Ecologically important areas are conserved or improved to ensure their ongoing contribution to
               the natural resources and biological diversity of Noosa Shire.
               AND
               AO1.2
               Buildings, structures and associated works are located within existing cleared areas or areas of
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               lowest ecological value.
               AND
               AO1.3
               Where constructing a dwelling house or community residence, buildings and associated
               structures are not located on land identified as an area of biodiversity significance on a
               Biodiversity, Waterways and Wetlands.
               or
               Clearing vegetation (other than for a driveway access) does not extend beyond—
                a. 30 metres of a habitable building or 10 metres of a class 10 structure on lots greater than 10
                    hectares; or
                b. 10 metres of a habitable building or class 10 structure on lots 10 hectares or less but more
                    than 3,000m2; or
                c. 3 metres of a habitable building or class 10 structure on lots 3,000m2 or less.
               AO1.4
               Clearing of vegetation for a boundary fence does not extend beyond 5 metres either side of the
               fence.
               PO3
               Development is designed and sited to manage adverse impacts on ecologically important
               areas by:
                a. minimising the total footprint within which all activities, buildings, structures driveways and
                   other works are contained;
                b. locating development in existing cleared areas or areas of low ecological value over other
                   areas to the greatest extent possible; and
                c. incorporating siting and design measures to protect and retain ecological values and
                   ecosystem processes within or adjacent to the development site; and
                d. where adverse impacts have been minimised, any residual impacts on ecological values are
                   compensated for through suitable habitat replacement and replanting on site in the first
                   instance or in a way that results in a net gain and enhancement of the overall habitat values
                   of Noosa Shire.
               AO3.1
               Where clearing of vegetation cannot be practicably avoided, the development:
                a. ensures the design and siting limits the loss of vegetation to the smallest extent possible;
                b. protects and retains ecological values and ecosystem processes to the greatest extent
                   possible within and adjacent to the site;
                c. provides measures to allow for safe movement of fauna through the site; and
                d. provides suitable habitat replacement and replanting in accordance with PSP3 Ecological
                   Assessment Guidelines.
               The applicant has undertaken a detailed ecological assessment of the site, which concludes that
               the site provides a moderate level of ecological value and contributes to foraging resources, shelter
               and movement refuges for local native fauna.
               Overall the development footprint (dwelling and associated structures) will measure 927m2 with an
               on site effluent disposal area of approximately 250m2.
               Construction of the dwelling, shed and associated infrastructure will remove 85 trees, with 32 of
               these trees having a DBH greater than 250mm. An additional 28 trees are recommended for
               removal due to their poor health and/or form to mitigate the risk of trees failing and damaging
               people and/or property.
               Management of vegetation within the 15m bushfire setback zone may require the removal of
               additional trees.
               Figure 5 below includes a map identifying the impact of the development on the site’s vegetation,
               with Figure 6 including a tree retention plan.




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                                       Figure 5 – Impact of proposed development on MLES




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                                                     Figure 6 – Tree Retention Plan

               This ecological report has been reviewed by Council’s senior environment officer who advises that
               the applicant is reasonably trying to preserve as much of the native vegetation as possible around
               the infrastructure, with an area of approximately 1045m2 at the rear of the property retained in its
               natural state.
               Conditions have been provided by Council’s senior environment officer that requires a future
               operational works application to control the future vegetation clearing and how it is undertaken. An
               arborist report and fauna management plan have been conditioned for submission with this
               application.
               The requested clearing overall is reasonable and will result in a much greener outcome than
               surrounding dwellings and accordingly is considered consistent with the Code.
               The application material included a bushfire hazard assessment and management plan. This
               indicates that the building footprint will be located in the lowest radiant heat flux area of the site at
               12.5kW/m2. It will be the responsibility of the building certifier to ensure the building comply with
               AS3959:2018. No conditions regarding bushfire required except water supply conditions.
               The proposed development will not be connected to a reticulated water supply. Assessment
               Benchmark 4 of the SPP Bushfire states that to ensure emergency services can respond
               effectively, if reticulated water is not provided, development must include a dedicated static water
               supply that is available solely for firefighting purposes and can be accessed by fire-fighting
               vehicles. Assessment Benchmark 4 references QFES Bushfire Resilient Communities 2019 for
               information regarding appropriate static water supply. Section 9.1 of Bushfire Resilient
               Communities requires an appropriate static water supply (in bushfire prone areas where reticulated
               supply is not provided) to support effective emergency services response. In this instance 10,000
               litres is the recommended volume required.




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               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officer for review and/or comment:
               •       Senior Environment Officer
               5.      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 MCU23/0032 for a Material Change of Use - Dwelling house situated
               at 13 Ironbark Ct Lake Macdonald and described as Lot 22 RP 224529, it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:               MCU23/0032

                   Street address:               13 Ironbark Ct Lake Macdonald

                   Real property description:    Lot 22 RP 224529

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Material Change of Use - Dwelling house and associated Shed
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       When Conditions must be Complied With
               1.      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.
                       Currency Period
               2.      This development approval lapses if the use has not happened by 8th May 2029, unless an
                       application to extend the currency period is approved by Council.
                       Approved Plans
               3.      Development authorised by this approval must be undertaken generally in accordance with
                       the Approved Plans listed in the table below.

                          Plan No.              Rev.   Plan/Document Name                           Date

                          A2.2                  R1     Site Plan prepared by Stroud Homes           21/02/2023


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                         A2.3                R1      Floor Plan prepared by Stroud Homes              21/02/2023

                         A2.4                R1      Elevations prepared by Stroud Homes              21/02/2023

                         A2.11               R1      3d Views prepared by Stroud Homes                21/02/2023

                         PPL08_TRP_001       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_002       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_003       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_004       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_005       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_006       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_007       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                         PPL08_TRP_008       1.0     Tree Retention Plan by ESC Consulting            24/02/2023

                      Building Height
               4.     The maximum height of the development must not exceed 8 metres above the ground level.
                      Performance Bond
               5.     Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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.
                      Streetscape
               6.     Any shipping containers, railway carriages or similar must be placed behind the dwelling
                      house and not visible from the street.
                      Lighting Amenity
               7.     No flood lighting must be used on site. Any vertical illumination resulting from direct, reflected
                      or other incidental external lighting emanating from the site must not exceed 8 lux when
                      measured at any point 1.5 metres outside the boundary and at any level from ground level
                      upward.
                      Site Access
               8.     A sealed driveway crossover must be provided from Ironbark Court to all parking and
                      manoeuvring areas of the development. The works must be generally in accordance with
                      Stroud Homes’ Site Plan (A2.2) dated 21 February 2023.
                      Environment
               9.     Sediment or any other material including building materials or waste products must not be
                      deposited or released into the road reserve, stormwater drain or adjacent properties.




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                      Earthworks
               10.    All earthworks must include the installation and maintenance of appropriate erosion and
                      sediment control measures. Prescribed Water Contaminants (as defined in Schedule 10 of
                      Environmental Protection Regulation 2019) must not be released from the site or to waters
                      within the site, or be likely to be released should rainfall occur, unless all reasonable and
                      practicable measures are taken to prevent or minimise the release and concentration of
                      contamination.
                      Stormwater Drainage
               11.    Stormwater runoff from the development must be disposed of on-site without causing scour
                      or damage to the subject site or any adjoining property.
                      Easements
               12.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               13.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               14.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Earthworks and Retaining Walls
               15.    All fill and associated batters must be contained entirely within the subject site unless written
                      permission from the respective landowner(s) is provided to Council. All earthworks must be
                      undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on
                      Earthworks for Commercial and Residential Developments.
                      Damage to Services and Assets
               16.    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:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      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.
                      Water Supply
               17.    The approved dwelling must be serviced with a rainwater tank having a minimum storage
                      capacity of no less than 60,000 litres.
                      Waste Water Treatment and Disposal
               18.    The dwelling 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)
                      Retention of Existing Trees
               19.    Existing trees on the site and in the road reserve identified for retention on the approved
                      plans must be retained in accordance with an Arborist Report (or part thereof) prepared by a
                      qualified person* and endorsed through an Operational Works approval
                      *(Refer to Advisory Note)


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                      Fauna Management
               20.    Vegetation on site and within the road reserve must only be removed or disturbed in
                      accordance with a Fauna Management Plan (or part thereof) prepared by a qualified person*
                      and endorsed through an Operational Works approval.
                      *(Refer to Advisory Note)
                      Bushfire Management
               21.    An water tank (in addition to day to day water supply) with an onsite water volume of not less
                      than 10,000 litres must be available for firefighting purposes, located within reasonable
                      proximity to building.
               22.    A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade
                      fitting must be connected to the water supply (other than where the water supply is in a
                      swimming pool or dam).
               5.     REFERRAL AGENCIES

               Not applicable.
               6.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Development Compliance Inspection
               1.     Prior to the commencement of the use, please contact Council's Development Assessment
                      Branch to arrange a Development Compliance Inspection.
                      Arborist Report
               2.     An arborist’s report is to be submitted for approval as part of the operational works
                      application. The purpose of the arborist’s report is to review the approved tree retention plan
                      and assess the native vegetation to be retained on site, whilst recognising the need for
                      vegetation clearing to occur in order to carry out the development. The vegetation to be
                      retained must be clear of proposed services, not present a nuisance to neighbouring
                      properties and be generally suitable for the proposed location.
                      Qualified Person
               3.     For the purpose of preparing an Arborist Report, a qualified person is considered to be a
                      person with either:
                      c.      ISA certification; or
                      d.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
                              the field of arboriculture.
               4.     For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
                      be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
                      and management.
                      Waste Water Treatment and Disposal System
               5.     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.



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                      Co-ordination of Operational Works Assessment
               6.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               7.     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.
                      Sustainability
               8.     Council encourages sustainable and energy efficient building design for all development,
                      including the use of sustainable building materials, energy efficient fittings, solar hot water,
                      photovoltaic systems (including the use of inverter/charges), solar panels, water saving
                      devices and rainwater harvesting.
               Infrastructure Charges
               9.     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
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required               Subject of the required Development Permit

                Development Permit for Building Works             All building work.

                Development Permit for Operational Works          Vegetation Clearing

               10.    SUBMISSIONS

               Not applicable.
               11.    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.
               12.    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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