Delegated Report - Code - Planning MCU21 0094

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0094
Applicant	Jennifer Maree Rogalsky
Proposal	Material Change of Use - Dwelling house
Properly Made Date	19 May 2021
Information Request Date	16 June 2021
Information Response Date	20 July 2021
Decision Due Date	7 September 2021
Report Completed Date	31 August 2021
Report Reviewed By	Patrick Murphy – 31 August 2021

PROPERTY DETAILS
Property Address	142 Playfords Rd Kin Kin Qld 4571
RP Description	Lot 186 MCH 224
Land Area	634,850m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape
Zone	Rural Zone
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, waterways and wetlands overlay code Bushfire hazard overlay code
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The application requires approval because the site located within a Biodiversity, waterways and wetlands overlay area. An existing access track has been developed on the site and the proposed dwelling would be centrally located on the western portion of the lot.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan
site details
Site Description
The site comprises a 63.5ha rural lot that is heavily vegetated. Various waterways are located on the site. With the exception of an internal access track, the site remains undeveloped.
Surrounding Land Uses
Rural lots adjoin the site to the south, east, west and north.
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 Housing Code;
Bushfire Hazard Overlay Code; and
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Kin Kin 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:
Biodiversity, waterways and wetlands overlay code
The site is wholly located within an area of biodiversity significance and therefore triggers assessment against the code. The Biodiversity, waterways and wetlands overlay code requires that new residential development be sited on a portion of the lot with the least amount of environmental constraint or within existing cleared areas. This is supported by the corresponding Performance Outcome PO1 which requires that development be sited and designed to protect the physical and ecological integrity of ecologically important areas.
As shown by the insert below, the site is wholly located within the overlay area and therefore no portion of the lot offers a more suitable building area. The proposed development does however limit the overall footprint and subsequent exempt clearing that may occur for asset protection. The development would also utilise existing internal tracks to avoid additional clearing associated with access.
The proposed development avoids clearing as much as possible and limits the overall impacts while still enabling development. The proposal is therefore in keeping with the provisions of the overlay code and is supported.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Clearing Native Vegetation and Koala Habitat Area in SEQ Region.
The Department has responded on 24/08/2021 advising that they have no objections to the proposed development.
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 MCU21/0094 for a Material Change of Use - Dwelling house situated at 142 Playfords Rd Kin Kin Qld 4571 and described as Lot 186 MCH 224, it is recommended the application be in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0094
Street address:	142 Playfords Rd Kin Kin Qld 4571
Real property description:	Lot 186 MCH 224
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
-	D	Overall Site Plan, prepared by Suncoast Building Green	27/08/2021
-	D	Site Plan, prepared by Suncoast Building Green	02/08/2021
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 30August 2027, unless an application to extend the currency period is approved by Council.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond 30 metres of the building footprint for the dwelling house and 10 metres for class 10 structures.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
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.
Earthworks
All cut and fill must not exceed 2 metres in depth relative to natural ground level.
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Slope Stability
Development must be undertaken in accordance with the Geotechnical Investigated Report prepared by ARCOS, (rev. 3) dated 16 December 2020.
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.
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
Effluent Disposal
Development must be undertaken in accordance with the Effluent Disposal Report prepared by Global Testing, dated 14 August 2020.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 10, Division 3, Subdivision 3 – Development in SE Qld Koala Habitat Area	The agency provided its response on 24/08/2021 (Reference No. 2106-23234SRA). A copy of the response is attached

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.
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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