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Amended Planning Report
Project BA PO Box 45 Noosaville 4566 (07) 5451 8784 [email protected] 13.07.2020 Noosa Council [email protected] RE: Dwelling – Code Assessable Material Change of Use application (Riparian Buffer area) Please find attached Material Change of Use development application for proposed dwelling (removal building) at Lot 3 (5) Figbird Ct, Lake MacDonald. Attached documents: - DA Form 1 - DA Form 2 - Planning report - Architectural Plans - Owners Consent - Effluent Disposal Report There are no identified referral agencies for this application. Regards, Daniel Eichhorn Project BA (07) 5451 8784 - 0457001149
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CONTENTS
1. SUMMARY
1.1 SUMMARY PAGE 3
2. SITE AND SURROUNDING AREA PAGE 4
2.1 ZONE DESIGNATION PAGE 4
2.2 SURROUNDING LAND USES PAGE 5
2.3 CURRENT REGIESTERED LANDOWNER PAGE 5
2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY PAGE 5
2.5 ACCESS AND SERVICES PAGE 5
3. PROPOSED DEVELOPMENT PAGE 6
3.1 PROPOSED PAGE 6
4. LOCAL PLANNING MATTERS PAGE 7
4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK PAGE 7
4.2 OVERLAYS PAGE 7
4.3 RURAL ZONE CODE PAGE 8
4.4 DETACHED HOUSE CODE PAGE 11
4.5 OTHER DEVELOPMENT CODES PAGE 13
6. CONCLUSION PAGE 14
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1. SUMMARY
SITE DETAILS
ADDRESSS 5 Figbird Ct, Lake Macdonald QLD 4563
REAL PROPERTY DESCRIPTION Lot 3 on SP266744
SUBJECT LAND AREAS 22,439m2
LOCAL AUTHORITY Noosa Council
CURRENT REGISTERED LAND OWNER Brendan Bedford
SOUTH EAST QUEENSLAND REGIONAL PLAN DESIGNATION
SPP LAND USE CATEGORY Regional Landscape and Rural Production
Area
PLANNING SCHEME DESIGNATIONS
ZONING Rural Settlement Zone
APPLICANT DETAILS
APPLICANT Brendan Bedford C/- Project BA
PROPOSAL Detached House – New Dwelling
TYPE OF DEVELOPMENT Material Change of Use
LEVEL OF ASSESSMENT Code Assessable
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2. SITE AND SURROUNDING AREA
2.1 ZONE DESIGNATION
The land is located within the ‘Regional Landscape and Rural Production Area’ regional land use category
as mapped on the SPP mapping.
The land is designated as Rural Settlement Zone land on the Noosa Planning Scheme Overlay Maps.
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2.2 SURROUNDING LAND USES
The proposed site is surrounded by land parcels within the same zone and land use category. The
surrounding properties are generally large allotments with expansive Detached Houses and associated
outubuildings.
2.3 CURRENT REGIESTERED LANDOWNER
The current registered landowners of the subject site are Brendan Bedford.
Landowners consent to make this application is also attached.
2.4 SITE DIMENSIONS, ENCUMBRANCES, TOPOGRAPHY, AND IMPROVEMENTS
The site is irregular in shape and comprises an area of 2.2ha, with an approximate 88m road frontage to
Figbird Court.
The site is not encumbered by Easements. The allotment does not have access to reticulated water or
sewerage.
The current topography is gently sloping from South to North with an approximate slope of 7%. The area
under the development footprint is generally flat with a slope less than 5%.
The improvements to the land, including the proposed dwelling, include:
- Proposed Dwelling
- Existing crossover to Figbird Ct.
2.5 ACCESS AND SERVICES
The site currently has a single existing access point to Figbird Ct (Local road). The proposed Detached
House use would use the existing crossover and does not require any changes to the existing crossover
or new crossovers.
The site has no access to reticulated water, sewerage, or stormwater. The site uses effluent disposal
system for treatment of wastewater, water tanks for potable water supply and disposes of stormwater
overland to mimic overland flow conditions. Electrical access is provided.
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3. PROPOSED DEVELOPMENT
3.1 PROPOSAL
The application seeks to establish a new dwelling on the property for use as a Detached House.
The planning scheme defines a Detached House use as:
Detached house means the use of premises for a single dwelling unit which comprises the whole
of the building on one lot. The term includes uses and works incidental to and associated with
the detached house. The term includes the temporary use as a display home or removal home.
The use may include a secondary dwelling not exceeding 65m2 in area. The use is not divided
further
The proposed dwelling is located within the Riparian Buffer Area as identified on the NSC Biodiversity
Overlay Mapping. A Material Change of Use within the Riparian Buffer requires Code assessment under
Part 13.4 of the Noosa Plan.
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4. LOCAL PLANNING MATTERS
4.1 LEVEL OF ASSESSMENT & STRATEGIC FRAMEWORK
The proposed development includes a material change of use requiring code assessment
against the Noosa Plan 2016.
The following codes are applicable:
- Detached House Code
- Biodiversity Overlay Code
4.2 OVERLAYS
The subject site is burdened by the following overlays, as identified by the overlay maps of the
Noosa Plan:
- Biodiversity Overlay
o Environment – Enhance or protect
o Habitat Regrowth
o Remnant Habitat
o Riparian Buffer area
The Biodiversity overlay code is an assessment benchmark. The level of assessment is Code
Assessable.
- Bushfire Overlay
The Bushfire overlay code is not applicable to the Detached House use.
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4.3 DETACHED HOUSE CODE
Compliance with acceptable outcomes:
column 1 column 2 Column 3
Specific Outcomes Acceptable Comment
solutions (if
accepted
development
subject to
requirements)
Probable solutions (if
code assessment)
14.54 Siting & Effects of Development
Setbacks Complies with
O1 Buildings and other S1.1 The minimum setback of the Acceptable
structures are appropriately Detached house or dwelling unit and outcome
designed and sited to— associated buildings and structures
a) provide amenity for users of the from boundaries is not less than the
premises minimum specified in Schedule 1.
b) preserve the visual and acoustic
privacy of adjoining and nearby
land uses as well as reasonable Alternative provision to QDC
access to views and sunlight;
c) preserve any existing
vegetation that will buffer the
proposed building or structure
from adjoining uses;
d) allow for landscaping to
be provided between
buildings;
e) maintain the visual continuity
and pattern of buildings and
landscape elements within the
street;
f) for class 10a buildings, do
not visually dominate the
street;
g) avoid any significant adverse
impacts on the natural values
of waterways and their
foreshores, including those of
the Noosa River and its lakes;
and
h) do not interrupt the natural
cycles of erosion and
accretion of waterways and
foreshore areas.
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Flooding, drainage and earthworks19
O2 Buildings and other works S2.1 For new buildings or structures Not Applicable –
are designed and sited to— or additions of more than 50m2 of Outside of flood hazard
a) provide flood free access to gross floor area to an existing area
premises and flood free building or structure – floor levels of
habitable areas; habitable rooms are—
b) allow only minor, short term a) for areas where minimum floor
and infrequent flooding of non- levels are available—not less
habitable areas; than the specified level;
c) ensure the protection of b) for areas where flood
persons and property in the modelling is available—a
event of a flood and power minimum of 300mm above
failure; the modelled flood level; and
d) ensure drainage does c) for areas where flood
not adversely impact modelling is not available, a
upon other premises; minimum of 300mm above
and the highest known flood
e) ensure filling, excavation or level;20
retaining structures do not
adversely impact upon other AND
premises by—
causing ponding of water S2.2 Enclosed car parking and Not applicable.
on the site or nearby land; manoeuvring areas are constructed at
and a level that permits the parking area to
ii. increasing flooding, drain from the site by gravity means,
which adversely affects without the need for mechanical
the safety or use of any pumping;
land upstream and
downstream; and AND
iii. adversely affecting
the flow of water in S2.3 Filling, other than accessways, Complies. Proposed
does not extend more than 1m filling, other than
any overland flow required for
path; beyond the footprint of any building,
iv. adversely affecting the measured from the outer walls of the accessways, does not
building. extend more than 1m
privacy or visual beyond the footprint of
amenity of any building.
surrounding
properties.
AND
O3 Finished surface levels Complies.
S3.1 No solution provided
ensure land is free draining.
O4 Filling or excavation does S4.1 Fill material placed over services Complies - No
not adversely affect sewer, does not impose any additional infrastructure within
stormwater or water utility surcharge loading on the service. 3m of proposed
infrastructure. development.
S4.2 Where excavation is carried out-
a) a minimum cover of 600mm is
maintained around all utility
infrastructure (to top, sides and
base of services); or
b) a retaining wall is provided to
support the soil surrounding
the service;
AND
S4.3 Compaction with a vibrating roller
is not carried out within 600mm of any
utility infrastructure.
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O5 Development does not S5.1 Buildings or other structures Not applicable
adversely impact on the Lake within the
Macdonald water supply. Lake Macdonald catchment (indicated
on Figure 14.7) are located above the
98.5m AHD level.
Services and Utilities No sewerage,
O6 The house is provided with S6.1 Where located in an urban stormwater or water
infrastructure, services and utilities zone, or a water or sewerage service infrastructure available.
appropriate to its setting. area, appropriate connection is
provided to reticulated sewerage,
water supply and stormwater drainage.
Electricity supply infrastructure Complies
O7 Uses and works maintain S7.1 Buildings and structures
an adequate safe distance from (including swimming pools, sheds,
electrical infrastructure including tennis courts or outbuildings) are not
substations, overhead constructed under
powerlines, power poles and overhead electricity transmission lines,
transformers. or within electricity easements.
Water Supply Infrastructure Complies
O8 Existing water supply S8.1 Buildings and structures are
infrastructure, including pipeline setback a minimum of 20m from a
corridor, is protected from water supply pipeline as shown on
incompatible development to ensure Overlay Map OM3.5.
the safety and reliability of water
supply network.
Steep Slopes and Landslide Hazard Area on Overlay Maps Not applicable –
hazard areas O9 Detached OM1.3–9.3, or on steep slopes the Outside of overlay
houses, Ancillary dwelling use does not– mapping
units, and associated uses are a) involve the removal of vegetation
sited or constructed to maintain other than grass from use areas;
the safety of people and property or
from the risk of landslide. b) involve excavating or filling of
more than 50m3 of material
(other than placement of
topsoil not exceeding 100mm
in depth relative to natural
ground level; or
c) involve cut or fill with a depth of
more than 2m relative to natural
ground level; or
d) redirect or impede water flows
in an existing watercourse or
stormwater drain; or
e) involve construction of an on-
site effluent disposal system;
OR
S9.2 A site specific geo-technical
report prepared by a registered
professional engineer either—
a) certifies that the site is not at
risk from landslide emanating
from the site or from other
land; or
b) identifies methods of
stabilising all buildings,
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accessways and use areas;
AND
S9.3 If the geo-technical report
identifies methods of stabilising
buildings, accessways and use
areas, those methods are
implemented.
Height
O10 Buildings and other structures— S10.1 The maximum building height
a) are low rise and present a in metres and storeys is— Complies - Maximum
building height consistent with a) if in the Visitor Mixed Use height does not exceed
structures on adjoining and Zone – 12m (but not 8m
surrounding land; exceeding 3 storeys); or
b) have a maximum building height
of— b) if in the Noosa Heads
Locality, Attached Housing
i) for Visitor Mixed
Zone –
Use Zone— 3
storeys; or i) Lot 4 on SP 100064 in
ii) if in the Noosa Serenity Close Noosa
Heads Locality Heads – 15m (but not
Attached Housing exceeding 4 storeys);
Zone— ii) Otherwise –
• Lot 4 on 12m (but not
SP100064 exceeding 3
in Serenity storeys);
Close c) if in the Noosaville Locality and
Noosa the Attached Housing Zone
Heads— 4 and with frontage to the
storeys following streets: - Russell St,
• Otherwise—3 William St and Howard St, or
storeys Weyba Rd, James St and
iii) if in the Noosaville Albert St north of their
Locality and the intersections with Elizabeth St
Attached Housing Zone (as well as properties fronting
with frontage to the Gympie Terrace or Noosa
following streets: - Parade between Weyba Road
Russell St, William St and Russell Street)–12m (but
and Howard St, or not exceeding 3 storeys);
Weyba Rd, James St d) f in the Rural Zone or Rural
and Albert St north of Settlement Zone – 8m or 9m
their intersections with where the pitched roof,
Elizabeth St (as well as but no other part of the building
properties fronting or structure, exceeds 8m (but
Gympie Terrace or not exceeding 2 storeys either
Noosa Parade between way); or
Weyba Road and e) otherwise –8m (but not
Russell Street)— 3 exceeding 2 storeys).
storeys;
iv) otherwise– 2 storeys;
c) do not visually dominate the
street, surrounding spaces or
the existing skyline;
d) preserve the amenity of
surrounding land including
privacy, views and access to
sunlight;
e) respect the scale of surrounding
vegetation; and
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respond to the topography of the site
by stepping down the slope or sitting
above the ground level on stumps, for
sloping sites.
Complies – Site cover
<2%
Site cover S11.1 With the exception of
O11 The site cover of buildings Ancillary Dwelling Units, the site
and other roofed structures— cover of class 1 and class 10
a) is of a scale that is buildings or structure does not
compatible with exceed—
surrounding a) for a single storey building –
development; 50%; or
b) does not present an b) for a building of 2 or more
appearance of bulk to adjacent storeys – 50% on the ground
properties, roads or other areas floor and 30% for the upper
in the vicinity of the site; storey(s), or 40% for all
c) maximises the retention of storeys;
existing vegetation and allows
for soft landscaping between
Alternative provision to QDC
buildings;
d) allows for adequate area at
AND
ground level for outdoor
S11.2 If in the Eastern Beaches, Not Applicable
recreation, entertainment,
Noosaville, Noosa Heads or Noosa
clothes drying and other site
North Shore Locality and in the
facilities; and
facilitates on-site stormwater Detached Housing or Semi-Attached
management and vehicular access. Housing Zone–soft landscaping is
provided and retained over a
minimum of 20% of the site
area.
Gross floor area - Noosa Not Applicable
North Shore Locality, Rural S12.1 If in the Noosa North Shore
Settlement Zone Locality and in the Rural Settlement
O12 The gross floor area of buildings Zone - the total gross floor area of
and the Detached house, Ancillary
structures– dwelling unit and and any secondary
a) has a low site impact to dwelling does not exceed 500m2.
maximise the opportunity to
retain natural site
characteristics, such as native
vegetation and natural
landforms;
b) allows the opportunity to
provide for soft landscaping
that uses vegetation of local
origin;
c) is of a scale that is
compatible with
surrounding
development; and
d) does not present an
appearance of excessive bulk
and overdevelopment when
viewed from adjoining and
adjacent properties, any
waterways or the street.
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Gross floor area - Noosa Heads S13.1 If on premises at 6-14 Park Road Not Applicable
Locality, Detached House Zone, Noosa Heads, the maximum gross floor
6-14 Park Road Noosa Heads area does not exceed 150m2.
O13 The gross floor area and bulk
and scale of buildings and other
roofed structures-–
a) has a low site impact to
maximise the opportunity to
retain natural site
characteristics such as native
vegetation and natural
landforms; and
maintains the safety of
people and property from the
risk of landslide and bushfire.
Materials and finishes–Eastern Not applicable
Beaches O14 Where development S14.1 No solution provided (no
does not comply with the built form requirement for accepted development
acceptable solutions S1.1— development).
a) buildings and other structures
use materials and finishes that Editor’s note:
complement the beachside The following is a useful guide for
character and integrate with the ensuring that buildings blend with
surrounding natural landscape the natural surrounds:
and skyline vegetation; and External building materials that are
b) views of building or lightweight and comprise
structures from the beach predominantly timber or board,
are framed or filtered stainless steel, glass, and corrugated
through vegetation (see iron will generally be more in keeping
Figure 14.6). with the beach/riverside character than
concrete rendered block.
Figure 14-6—Filtered views of Use external colours and roof finishes
buildings from the beach which are non- reflective and which do
not cause glare. Shades that match the
colours and tones of surrounding
vegetation will ensure the buildings are
less visually prominent from the beach or
the water.
Appropriate colours will depend on the
existing native vegetation and backdrop,
but may include muted
earth/environmental tones that blend with
the natural environment, such as–
• green;
• olive green;
• blue green;
• grey green;
• green blue;
• indigo;
• brown;
• blue grey; and green yellow.
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Properties adjoining the Not Applicable
Noosa River— Noosa North S15.1 Dense landscaping,
Shore Locality comprising a mix of native species of
O15 Buildings and structures, ground cover, shrubs and trees, is
excluding jetties on premises
adjoining the Noosa River that are provided for a width of 5m from the
visible from the foreshore— property boundary adjoining the
a) are designed to protect the foreshore to provide adequate
character of the foreshore when landscape buffering to the foreshore.
viewed from the water and integrate
with the surrounding natural
landscape and skyline vegetation;
and
b) are finished
predominantly in colours and
hues of the surrounding natural
landscape.
Roof form Complies – Roof pitch
O16 Roof forms— S16.1 With the exception of removal 5 degrees to minimum
a) contribute positively to the local houses, the roof of the Detached 75% of roofed area.
skyline; house (including any secondary
b) complement the low density dwelling) or, Ancillary dwelling unit 600mm eave coverage
character of the locality; has– to at least 75% of the
c) do not present an a) a roof pitch no less than– perimeter of dwelling.
appearance of excessive i. if in Kin Kin village or
bulk to side neighbours (eg. Boreen Point village -
avoid low pitched roofs or 12 degrees;
box profiles/parapets); ii. otherwise - 5 degrees for at
d) use simple traditional roof least 75% of the roof; and
designs; b) if not in Precinct C or D of Noosa
e) offer shading to the walls and Springs– minimum 600mm
windows of the dwelling unit; eaves to at least 75% of the
f) do not create opportunities perimeter of the dwelling unit.
for residents to overlook the
private open space areas of Editor’s note:
Note that 450mm eaves will achieve
neighbouring properties.
this solution provided there is a
150mm wide gutter that brings the
total width to 600mm.
AND
S16.2 Buildings and structures do not
include roof top terrace areas.
Streetscape & character–Kin Kin S17.1 If in Kin Kin village, buildings-– Not applicable
village O17 For Kin Kin village, the a) for the front elevation, have
predominant Queensland vernacular recessed or framed windows
detached housing form is retained and and doorways that are
enhanced by incorporating design vertically proportioned and
elements reflecting or interpreting placed symmetrically in the
elements of this style of housing. building façade; and
if more than 1 storey - have clearly
defined floors by way of design features
such as verandas or changes of
materials or finishes.
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Streetscape & character– Not applicable
Boreen Point village
O18 For Boreen Point village, the S18.1 If in Boreen Point village, any
lakeside holiday detached housing building within 9m of the primary
character is maintained and frontage and more than 1 storey in
enhanced by ensuring the scale, bulk height, has any upper storeys set
and siting of buildings and structures back at least 3m further from the
do not–- primary frontage than the storey
a) visually dominate the lot, below;
dwelling units on adjoining lots AND
or the frontage; S18.2 Where located on a lot less
b) detract from the visual than 600m2 in area—
amenity of the streetscape a) the combined gross floor
and surrounding village; and area of all buildings does
result in a loss of natural light to not exceed 180m2; or
adjoining dwellings or their private b) If the Detached house
open space areas. consists of 3 or more
buildings and at least 2
contain habitable
rooms, the combined
gross floor area of all
buildings does not
exceed 230m2.
Garages, carports and other class Not applicable
10a buildings
O19 Within the Detached Housing, S19.1 Within the Detached Housing,
Semi- Attached Housing, Attached Semi- Attached Housing, Attached
Housing and Visitor Mixed Use Housing and Visitor Mixed Use Zones,
Zones, garages, carports and other garages, and carports and other class
class 10a buildings are designed and 10a buildings—
sited to visually integrate with the a) have a front boundary setback
dwelling unit and avoid dominating of at least 6m; and
the street by— b) garage doors that face the
a) minimising the width of the street and are visible from the
structure; and road frontage have a
b) minimising projection of the maximum width of 6m within
structure forward of the main any one plane, with additional
face of dwelling unit. garage doors setback an
additional 1m from the
frontage to break up the
width of the garage façade.
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Water conservation and storage Condition of building
O20 On-site water storage is S20.1 If not in a water service area approval. Can be
provided, designed and operated to each Detached house is to be conditioned to comply.
support the efficient use of water serviced with a rainwater tank of the
and is adequate for occupants every following minimum storage capacity:-
day use. a) For Detached houses with no
more than 3 bedrooms –
45,000 litres; or
b) For Detached houses of
more than 3 bedrooms or
AND
where including a 2nd
dwelling unit on the same
premises – 60,000 litres;
AND
O21 Detached houses and S21.1 If not in a reticulated water
Ancillary dwelling units service area— there is, on the lot, a
within Bushfire Hazard Areas21 have dam, swimming pool or water tank
sufficient water supply for fire fighting accessible for use by the fire brigade,
purposes. that contains at least 5,000 litres of
water.
Effluent Disposal Plumbing approval and
O22 Effluent disposal does not have No solution provided (no requirement effluent disposal report
a significant adverse effect on for accepted development attached to this report.
biodiversity, natural vegetation or development)
water quality22. The surface irrigation
area is located outside
O23 Treatment and disposal of of the riparian buffer
wastewater does not have any overlay.
detrimental impact on Noosa’s major
water storage and supply - Lake The proposed detached
Macdonald. house use is consistent
with the surrounding
area and will not
adversely impact
existing conditions.
Environmental Protection Complies – Existing
O24 The design, siting and S24.1 Where there is an existing clearing. No removal of
construction of buildings and building envelope on the lot that native vegetation
structures minimise the clearing of contains vegetation protection required.
vegetation and where there is an measures, clearing of native
existing preliminary approval that vegetation and building works do not
includes vegetation protection extend beyond the building envelope,
measures for the property, the except for the purposes of a driveway
proposal is consistent with those access;
measures.
AND
S24.2 Where there is no building
envelope existing on the lot, clearing
of native vegetation, other than for a
driveway access does not extend
beyond—
a) 30m of a building or 10m of a
structure on lots greater than
10ha; or
b) 10m of a building or structure on
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lots 10ha or less but more than
0.3ha in area; or
c) 3m of a building or structure on
lots 0.3ha or less.
Carparking spaces Complies
O25 Sufficient carparking is provided S25.1 A minimum of 1 carparking
to accommodate the number of space per
vehicles likely to use the site. dwelling unit is provided on-site.
Alternative provisions to QDC
Amenity Complies – setbacks
O26 Detached houses (including S26.1 No solution provided (no preserve amenity of the
any secondary dwelling) and requirement for adjoining land uses
Ancillary dwelling units are accepted development subject to
located, designed and operated to requirements).
avoid significant adverse changes to
the light, air quality, noise,
accessibility or other conditions
enjoyed by users of associated,
adjoining or nearby premises; S27.1 A 1.5m landscaped buffer
AND separates any private tennis court or
O27 Lighting and noise associated Not applicable – No
half court from side property
with the use of the Detached house proposed tennis court
boundaries; or outdoor lighting.
(including any secondary dwelling) and AND
Ancillary dwelling unit or ancillary
recreation uses such as outdoor tennis S27.2 Courts are fenced with fencing
courts and half courts, do not have an of 3.6m in height for a full sized court
adverse impact upon the amenity or 2.4m in height for a half court;
enjoyed by users of adjoining or AND
nearby premises nor cause S27.3 Any lit tennis court or sports court
unreasonable disturbance to local is located at least 60m from the external
fauna. wall of an existing or approved
residential dwelling on an adjacent or
nearby lot (as measured from the centre
line of the court);
AND
S27.4 For lighting—
a) the vertical illumination resulting
from direct, reflected or other incidental
lighting emanating from the site does
not exceed 8 lux when measured at any
point 1.5m outside the boundary and at
any level from ground level upward;
b) all flood lighting is hooded or
baffled to direct lighting downward or is
of a type that gives no upward
component of light when mounted
horizontally;
c) all flood lighting is setback a
minimum of:
i 6m from the boundary to any
frontage; and
ii 2m to any other boundary; and
d) lighting structures are not more
than 8m in height.
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Display homes
O28 The use does not adversely S28.1 The display home is only used Not applicable.
impact on the residential amenity between the hours of 8:00a.m. and
enjoyed by users of surrounding 6:00p.m;
dwelling units through any of the AND
following— S28.2 Not more than 2 employees are
a) obtrusive lighting or signage; engaged in the operation of the
b) excessive traffic generation display home at any one time;
or parking congestion; AND
c) evening or early morning noise; S28.3 Advertising devices—
or a) do not exceed a total display
d) invasion of privacy; area of 3m2;
b) are erected only on the same
allotment as the display home;
and
c) ado not include the use of
bunting or inflatable objects.
One Household Only Complies – 1 kitchen
S29.1 With the exception of a and laundry provided.
O29 With the exception of compliant compliant secondary dwelling,
secondary dwellings or approved the Detached House contains
Ancillary Dwelling Units associated no more than 1 kitchen;
with Agricultural Uses, only one AND
dwelling unit is located on the S29.2 With the exception of a
premises and Class 1 buildings compliant secondary dwelling,
accommodate 1 household only. the Detached House contains
no more than 1 laundry;
AND
S29.3 Studios, pavilions or other
habitable outbuildings have a gross
floor area of 50m2 or less;
AND
S29.4 No part of the Detached house
containing habitable rooms is more
than 25m from another part of the
Detached house.
O30 Where located on existing lots S30.1 Where located within an Not applicable
within proximity of protected extractive extractive resource area on
resources, the detached house Overlay Maps OM1.5— OM9.5,
incorporates design, orientation, and the Detached house—
construction measures that mitigate a) is located at least 200m from the
the effects of noise, dust, ground extractive resource/ processing
vibration, or air blast overpressure area; or
from the extractive industry. b) achieves a minimum Sound
Transmission Class rating of
30 for all windows or glass
doors on the wall closest to
the extractive
resource/processing area.
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4.4. BIODIVERSITY OVERLAY CODE
Compliance with acceptable outcomes:
column column 2 Column 3
1 Specific Probable solutions (if code Comment
outcomes assessment)
13.9 Vegetation retention and conservation7
Environmental Protection Area &
Environmental Enhancement Area
Vegetation & Riparian Buffer Area S1.1 An Ecological Assessment See S1.2
O1 Vegetation of local origin8 on Report prepared in accordance
premises identified as— with Planning Scheme Policy 18
a) Environmental Protection – Ecological Assessment
Area9 or Riparian Buffer Area Guidelines demonstrates that
on the Biodiversity Overlay the flora on the premises
Maps OM1.1 to OM9.1, is does not constitute
retained and conserved in its Environmental Protection Area or
present form or improved to Environmental Enhancement
ensure its ongoing Area vegetation.11
contribution to the natural OR
resources and biological Complies – No proposed
S1.2 Where constructing a vegetation clearing. Dwelling
diversity of the Noosa Shire; Detached House; or Community located within existing clearing.
and residence interference with
(b) Environmental Enhancement vegetation does not extend
Area10 on Biodiversity beyond—
Overlay Maps OM1.1 – (a) 30m of a building or 10m
OM9.1, is protected from the of a structure on lots
impacts of development by— greater than 10ha; or
(i) avoiding edge effects; (b) 10m of a building or
(ii) avoiding fragmentation; and structure on lots 10ha or
(iii) maintaining vegetation in less but more than 0.3ha;
manageable and viable or
(c) 3m of a building or
configurations. structure on lots 0.3ha or
AND less.
O2 For the purpose of
Reconfiguring a Lot new lots S2.1 Where clearing vegetation Not Applicable.
are only created where they on the premises is for the
minimise the fragmentation purpose of Reconfiguring a Lot
and maximise the retention of
existing vegetation. (a) new boundaries to lots do
not transect and fragment
existing vegetation;
(b) new lots are created to
allow for suitable house
site areas or other future
buildings and works to be
located within existing
cleared areas or areas of
low ecological value; and
(c) building envelopes are
designated for each lot.
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O3 Clearing vegetation only S3.1 No solution provided No proposed vegetation
occurs where— clearing. Dwelling located wholly
within existing clearing.
no other suitable cleared or
partially cleared area is available
on the premises;
the development minimises the
total footprint within which all
activities, buildings, structures,
driveways and other works are
contained; and
the development is located in
areas of low ecological value over
other areas, to the greatest extent
practicable.
Editor’s note:
Environmental Protection category
Vegetation that falls within the
Environmental Protection category
comprises regional ecosystems
that possess at least one of the
following environmental values or
criteria—
The regional conservation status
under the Queensland Vegetation
Management Act 1999 is
“Endangered”;
It forms habitat for threatened or
protected
fauna species, as identified in
Vegetation of Noosa Shire;
• It is ‘rare’ or naturally restricted
regionally or locally, as identified
in Vegetation of Noosa Shire; or
• The extent reserved within
protected areas in Noosa is ‘low’,
as identified in Vegetation of Noosa
Shire.
Environmental Enhancement
category
Vegetation that falls within the
Environmental Enhancement
category comprises regional
ecosystems that possess at least
one of the following environmental
values or criteria—
• The regional conservation
status under the Queensland
Vegetation Management Act
1999 is “Of Concern”; or
The extent reserved within
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Wetlands Not applicable – not located
O4 Wetlands are protected from S4.1 A minimum separation within mapped wetland.
removal or degradation and any distance of 100m is provided
adverse impacts on wetlands are between a wetland and any
prevented, minimised or mitigated adjacent development or use.
by—
a) maintaining adequate
separation between the wetland
and any adjacent development
or use12;
b) minimising any modification of
the natural characteristics of
the wetland, including the
topography, surface and
groundwater hydrology, water
quality and flora and fauna
species;
c) preventing any new
development within
wetlands;
d) minimising access to the
wetland;
e) minimising impacts associated
with pest insect control and
invasion by undesirable plant
species; and
f) providing for the
rehabilitation and
replanting of degraded
wetlands.
Riparian Zones
O5 The biodiversity and ecosystem S5.1 No new development The proposed dwelling is
values of watercourses, drainage occurs on, or partly on, located partly within the
lines, wetlands and adjacent riparian premises indicated as Riparian Riparian Buffer Area on the
zones are protected by— Buffer Area on Biodiversity Biodiversity Overlay Mapping.
a) avoiding any new Overlay Maps OM1.1 to OM9.1,
development in the except for— The proposed building work
riparian buffer area; a) temporary use of the land; or and use is consistent with
b) retaining aquatic and b) infrastructure which provides existing building work located
access to a on adjoining dwellings within
terrestrial habitat the Riparian buffer area.
in riparian zones;
c) maintaining wildlife The dwelling is significantly
corridors along setback from the water line
watercourses and and high-bank of the adjoining
drainage lines for native waterway (approximately
fauna movement; 200m). This will protect the
adjoining biodiversity and
d) avoiding edge effects and
ecosystem values.
incompatible uses in riparian
zones;
The dwelling location has been
e) maintaining bank stability by chosen as it is the most
minimising bank erosion and suitable location on site to
slumping; address existing site
f) maintaining water quality constraints. In particular, the
by filtering sediments, proposed location will
nutrients and other minimise earthworks by
utilising the flattest area of the
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pollutants; and lot. Minimising earthworks will
g) removing undesirable plant have a greater preservation of
species and replacing them biological values as compared
to relocating the dwelling
with vegetation of local
outside of the riparian overlay
origin;
area.
The owner is happy and willing
to provide an environmental
offset for the proposed
development within the
riparian buffer overlay.
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watercourse for recreational
purposes;
OR
S5.2 Where constructing a
Detached house or
Community residence and on
an allotment situated wholly
within the Riparian Buffer Area,
a) fronting the Noosa River
– development is setback
a minimum of 40m from
mean high water spring or
as otherwise prescribed
by the Environmental
Protection Agency’s
Erosion Prone Area
Maps;13
b) not fronting the Noosa
River – development is
located outside the
riparian zone and
setback a suitable
distance from the
watercourse having
regard to the
development constraints
of the property and the
need to protect
environmental and
riparian values;
OR
S5.3 For Animal husbandry
on premises in the Rural
Zone—
a) stock proof fencing is
installed along
watercourses at a
distance of no less
than 10m from the top
of the bank;
b) stock watering points are
located no less than 15m
away from the top of the
bank of watercourses;
and
c) stock crossing points
across watercourses are
defined and controlled
with stock proof fencing,
to prevent stock from
damaging riparian
vegetation or banks to
watercourses;
OR
S5.4 Recreational facilities
(including playgrounds, pergolas,
barbeques etc) are setback a
minimum of 30m from the top of
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the bank of a watercourse and
10m from the top of the bank of a
drainage line;
OR
S5.5 For Forestry uses the
cultivated area is separated
from watercourses by a distance
not less than the distances
identified below, measured from
high water mark or the top of the
bank, whichever is the greater
distance—
Feature
Distance
Stream order 1 or 2
5m
Stream order 3 or 4
10 m
Stream order greater than 4
20 m
AND
S5.6 Where Forestry is carried
out on that
part of premises indicated as
Riparian Buffer Area and
outside the separation
distances
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specified in S5.5—
a) species planted are of local
origin and are harvested
through sustainable
harvesting; and
b) any undesirable plant
species are replaced
by vegetation of local
origin.
Managing public access and edge Complies
effects S6.1 Development adjacent to a
O6 Development on land adjacent waterway or wetland provides
to a waterway or wetland maintains that—
an appropriate extent of public a) no new lots
access to waterways and wetlands directly back onto
and minimises edge effects. the riparian area;
and
b) new public roads are
located between
the riparian buffer
and the proposed
development areas.
Koala Habitat Areas Complies – Existing clearing
O7 Development is designed, S7.1 Development avoids
constructed and operated to— removing and fragmenting
koala habitat and includes
a) avoid adverse impacts on
koala sensitive design
koalas and koala habitat;
measures consistent with the
b) provide measures to assist Nature Conservation (Koala)
the survival of koala Conservation Plan 2006 and
populations in the area to Management Program 2006-
mitigate any potential threats 2016 and Koala Sensitive
or risks to koalas; Design Guideline 201214.
c) provide for safe and S7.2 Where clearing of non-
appropriate koala juvenile koala habitat trees is
movement across the unavoidable in an area shown
landscape; and as bushland habitat, high value
rehabilitation habitat or medium
d) provide for a net gain in value rehabilitation habitat on
mature and actively the map called ‘Map of
regenerating koala Values’15, such clearing is
habitat. minimised and a biodiversity
offset is provided in accordance
with the Queensland
Environmental Offset Policy.
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Open space networks & The proposed dwelling location
ecological linkages will not compromise existing
S8.1 Vegetation and ecological ecological linkages. The setback
O8 Open space networks and to existing vegetation and
ecological linkages are linkages are enhanced through
watercourse at the rear of the lot
maintained and enhanced to revegetation, rehabilitation and will protect these values.
provide for safe movement of vegetation maintenance in
fauna and viable connectivity areas indicated in Schedule 5
between ecologically important on Map 4 - Open Space
areas by protecting and Networks in such a way as to—
replanting vegetation of local a) ensure protection of
origin— wildlife refuges;
a) along and around b) facilitate the dispersal
watercourses, and movement of native
wetlands, drainage wildlife; and
lines and ridgelines; c) maintain vegetation in
and patches of the
greatest possible size
b) as linkages between areas of
and with the smallest
remnant
possible edge-to-area
vegetation, including—
ratio.
i. across property
AND
boundaries;
ii. to areas of national
S8.2 Development is sited and
park, conservation
designed to—
park, State forest or
a) maximise the ecological
reserve; and
connectivity of
iii. into adjoining local
vegetation within the
government areas.
site and to adjacent
sites;
b) to avoid creating
physical barriers and
safety hazards (such as
roads, pedestrian
access and in-stream
structures) to the
movement of fauna
along and within the
ecological linkage; and
c) provide mitigation
measures such as
wildlife movement
infrastructure, fauna
exclusion and
directional fencing,
underpasses,
overpasses and traffic
calming devices, signage
and lighting.
Scenic amenity Complies – Vegetation
O9 The scenic amenity and S9.1 and S10.1 Vegetation is retained.
vegetated character of the locality retained and enhanced—
and its watercourses, drainage a) within 30m of
lines, sloping land and ridgelines is prominent ridgelines
retained and enhanced; and hill slopes;
AND b) in gullies;
O10 Vegetation which makes a c) along watercourses and
positive contribution to the drainage lines; and
streetscape or major road d) within 10m of road
network is retained. reserves.
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Habitat trees Complies
O11 Habitat trees (including dead S11.1 No clearing of koala
trees) and recruitment habitat trees habitat trees greater than 4m in
are protected for native fauna height or with a diameter
habitat, where practicable. greater than 100mm at 1.3m
above the ground;
AND
S11.2 No clearing of other
habitat trees or
recruitment habitat trees.
Lake Macdonald Complies – All existing
O12 Vegetation within 400m of the No solution provided. vegetation retained
full ponded water within Lake
Macdonald is retained.
Steep slopes Not applicable
O13 Vegetation on steep slopes is No solution provided.
retained and managed to avoid
erosion and landslide and to protect
natural resources and values.
Engineering and site works Complies
O14 Development is sited and S14.1 Works, including roads,
designed to— driveways, fences, sewer lines
a) provide adequate separation and other infrastructure—
distance between the a) do not transect areas of
vegetation to be protected vegetation; or
and the development to b) are co-located within a
avoid disturbing, combined utility
destabilising and corridor; and
deoxygenating any tree or c) provide for fauna
altering the drainage; underpasses, speed
b) avoid traversing or reduction devices and
fragmenting vegetation or associated fencing,
habitats for significant flora or lighting and warning
fauna species; and signs, where
c) avoid creating appropriate;
barriers to faunal AND
movement. S14.2 Development within or No fences proposed – can be
adjacent to areas of conditioned
vegetation, incorporate fauna
friendly fences;
AND
S14.3 Vegetation is
protected from interference All vegetation to be retained
resulting from clearing or
construction activities by—
a) clearly marking
vegetation to be retained
with flagging tape;
b) installing protective
fencing around the
dripline of the
vegetation and avoid
filling and excavation in
these fenced areas;
and
c) ensuring stock
piling, storage and
vehicle parking
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occur outside the
identified
vegetation areas;
AND
S14.4 Low impact construction
techniques are used around
vegetation to minimise
interference with the vegetation.
Filling and excavation Proposed dwelling location
O15 Vegetation is not adversely No solution provided. chosen to minimize
impacted upon by earthworks earthworks. Minimal
and changes to the hydrological earthworks required.
regime, including changes to
ground water levels, flooding
levels, run-off and tidal
hydraulics.
13.10 Vegetation
management
Replanting and rehabilitation Owner willing to rehabilitate
O16 Development provides for S16.1 Landscaping and and revegetate riparian buffer
ecologically important areas to be rehabilitation area as required.
restored and enhanced through complements and
the following measures— supports ecologically
a) siting landscaped areas to important habitats by—
complement and enhance a) utilising native plants of
existing vegetation; local origin;
b) removal of all species likely
to displace native flora b) utilising suitable plant
species or degrade fauna species identified in
habitat; PSP3 – Landscaping
c) replanting and Plants and Guidelines;
rehabilitating16 degraded c) replicating adjacent
habitat; and remnant habitats,
d) replacing any vegetation including understorey
removed with suitable
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replacement vegetation of vegetation;
local origin.
d) creating or enhancing
linkages between
existing habitats;
e) avoiding the use of
undesirable plant species
listed in Table 9.1 of
PSP3 Landscaping
Plants and Guidelines;
and
f) planting riparian zones to
filter stormwater run-off
and provide for wildlife
habitat;
AND
S16.2 Vegetation removed is No proposed vegetation
replaced with— removal
a) plantings of equivalent
area that replicate the
floristic structure of the
vegetation removed; or
b) where this is not possible
due to the characteristics
of the site and the
development, plantings
twice the number of the
removed trees and plants
of local origin.
Fire management Not located within bushfire
O17 Fire management measures No solution provided overlay mapping. No clearing
are adopted based on ecological for firebreak purposes
principles, which— required.
a) maintain and enhance
biodiversity;
b) minimise threat of fire to
the natural environment,
life and property; and
c) provide for effective use and
maintenance of buildings and
structures.
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Clearing protected vegetation in No proposed clearing of
the protected vegetation overlay vegetation
area No solution provided
O18 Clearing protected vegetation
does not involve—
a) the removal of vegetation in
ecologically important areas;
b) removal of vegetation
or habitat for fauna
identified or referred
to as requiring
protection in State or
Commonwealth
legislation;
c) removal of vegetation
located on a prominent
hillside, slope or ridgeline;
d) vegetation within 400
metres of the full level of
ponded water within Lake
Macdonald;
e) removal of riparian vegetation;
f) vegetation which is or is
capable of forming or
contributing to a buffer
between different land
uses;
g) vegetation which is or is
capable of forming or
contributing to a visual
buffer or a buffer
against pollution, light
spillage or noise;
h) vegetation which
contributes to scenic
amenity or landscape
quality;
i) vegetation the clearing of which
may
cause or contribute to
erosion or slippage.
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O19 Clearing protected vegetation No solution provided No proposed clearing of
does not increase the likelihood of vegetation
or result in adverse impacts on—
a) remnant vegetation of
local origin, classified as
remnant of concern
regional ecosystem or
remnant endangered
regional ecosystem or is
vegetation located in a
wetland;
b) the diversity of flora or
fauna species supported
or likely to be supported by
the vegetation community;
c) a flora or fauna community
or individual species which
has conservation status in
State or Commonwealth
legislation;
d) hydrology of an
area or upon a
hydrologically-
sensitive plant
community such as
heathland,
sedgeland,
melaleuca forest or
mangrove forest;
e) a water catchment
area or water quality;
f) vegetation which has
cultural heritage values;
g) vegetation required to
support, protect and
maintain biodiversity values
within the Noosa Shire,
whether these be of local,
regional, state or national
significance;
h) a person or
industry reliant on
maintaining the
vegetation; or
i) neighbouring land, scenic
amenity and environmental
values.
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6. CONCLUSION AND RECOMMENDATIONS
This application seeks a Development Permit for Material Change of Use to construct a dwelling within
the Riparian Buffer Area. The proposal is code assessable development under the Noosa Plan and a
consistent use within the Rural Zone. The application can comply with the code requirements by
compliance with the performance outcomes and overall outcomes.
The proposed dwelling is partly located within the Riparian Buffer Overlay area. The development is
located within an existing clearing on a mostly flat area. This ensures no removal of native vegetation and
minimal earthworks are required preserving the biological values of the adjoining riparian buffer area. Any
adverse impacts can be offset through rehabilitation as required.
It is therefore suggested that the assessment manager decide the proposal favourably.
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