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Reasons for Exemption EXE23 0040
DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION
Author Planning Advisor
Development Assessment
APPLICATION DETAILS
Application No. EXE23/0040
Applicant Suncoast Building Approvals
Proposal Pool in Landslide overlay area
Memo Completed Date 12 December 2023
Memo Reviewed By Tara Norley – 22 December 2023
PROPERTY DETAILS
Property Address 5 Seamist Crt Sunshine Beach
RP Description Lot 22 RP881379
1. DETAILS
The proposal is for pool located in a mapped landslide hazard area.
The Planning Act 2016 allows exemption certificates to be issued where ‘the development was
categorised as assessable development because of an error’.
The proposal triggers assessment due to non-compliance with Acceptable Outcome AO22.1 of
the Low Density Housing Code, as the proposed pool is located within the mapped Landslide
Hazard Overlay.
The Low Density Housing Code includes an error in that an ‘or’ has been excluded between
Acceptable Outcome AO22.1 and AO22.2. The ‘or’ would allow a development that is located
within the mapped hazard area (ie does not comply with AO22.1) to demonstrate compliance with
the landslide provisions of the scheme under the Low Density Housing Code by submitting a slope
stability assessment that demonstrates that although the proposed development is shown on the
Landslide Hazard Overlay as being in the moderate landslide hazard area, the landslide risk is low
or very low.
The applicant has submitted a Geotechnical Investigation for the proposal stating ‘a landslip
Hazard Frequency analysis has been carried out for the site and the proposed works, refer
Appendix E, and we conclude there is a low risk of site instability with the pool located in its
proposed location’. As such the proposal complies with AO22.2 of the Low Density Housing Code.
The proposal is compliant with all other requirements of Noosa Plan 2020.
2. PLANS / DOCUMENTS
The plans and documents included in this appraisal are listed in the following table:
Plan No. Rev. Plan/Document Name Date
- - Site plan, provide by Suncoast Building Approvals -
Sanderson0923 - Pool dimensions, prepared by Pools by Design -
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Document Set ID: 22726929
Version: 3, Version Date: 22/12/2023
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DEVELOPMENT ASSESSMENT REASONS FOR EXEMPTION
Job no. 231061 Geotechnical Investigation for Proposed Pool – 5 16/11/2023
Seamist Court, Sunshine Beach, prepared by Lindsay
Consulting Pty Ltd
Should the plans listed above be altered or amended, the advice included in this memo is no longer
applicable.
3. COMMENTARY
Council determined that the proposal was exempt for the following reasons:
1. The applicant provided a copy of a site specific Geotechnical Investigation demonstrating
compliance with the relevant Acceptable Outcomes and therefore the proposal should be
considered Accepted Development under Noosa Plan 2020.
2. The proposal complies with all other requirements of the Noosa Plan 2020.
Page 2 of 2
Document Set ID: 22726929
Version: 3, Version Date: 22/12/2023