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