Delegated Report - Code - Planning MCU20 0001

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU20/0001
Applicant	Robyn Gai Webster
Proposal	Material Change of Use - Detached House
Properly Made Date	15 January 2020
Information Request Date	3 February 2020
Information Response Date	26 August 2021
Decision Due Date	15 October 2021
Report Completed Date	02/09/2021
Report Reviewed By	<insert officer & date>

PROPERTY DETAILS
Property Address	Wygani Dr Noosa North Shore Qld 4565
RP Description	Lot 276 M 37229
Land Area	311,610m²
Existing Use of Land	Residential Dwelling

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Flood Hazard Overlay Acid Sulfate Soils Overlay Bushfire Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Detached House. The applicant proposes to demolish the existing dwelling and construct a new dwelling house. The dwelling would be single storey and include 5 bedrooms, living areas, kitchen, alfresco areas with frontage to Noosa River, BBQ entertainment area and a pool/recreational area to the south. Compacted fill would be imported to the site to achieve flood immunity.
The works are ordinarily Accepted Development; however an application is triggered because the existing structures are located within a riparian buffer area. It should be noted that no clearing is proposed.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan
Figure 4 – Elevations
site details
Site Description
The subject site comprises a regular shaped lot located at Wygani Drive on the Noosa North Shore and is described as Lot 276 on M37229. The site has an area of 32.5 hectares of which the northern portion is well vegetated with the southern portion containing scattered vegetation, a number of dams, farm sheds and an existing dwelling. The southern boundary of the site directly adjoin an inlet of the Noosa River
Surrounding Land Uses
Residential dwellings on large rural residential lots.
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 Residential Zone Code;
Noosa North Shore Local Plan Code;
Low Density Housing Code;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Flood Hazard Overlay Code;
Acid Sulfate Soils Overlay
The subject site is located in Noosa North Shore 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 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
Acceptable Outcome AO1.3 of the Biodiversity, waterways and wetlands overlay code requires that new dwellings and associated structures are sited outside of riparian buffer areas. Where development is unable to do so, assessment against the corresponding Performance Outcome PO1 is required which reads:
“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.”
Although the development is proposed within a riparian buffer area, the works are still supported based on the following grounds:
-The proposed dwellings replacing an existing dwelling house which would be demolished.
-No clearing is proposed and no additional/adverse impact would be placed on ecologically important areas.
-No other reasonable area is available for the establishment of the dwelling house (see insert below).

Boundary Setbacks
Acceptable Outcome AO6.4 of the Rural Residential Zone Code requires a minimum setback of 40m from a waterway (Noosa River). The minimum setback is sought to ensure development protects the natural character and avoid adverse impacts on the ecologically important areas such as national parks, waterways and wetlands.
The proposed dwelling achieves a 34.5m setback to the wall from the high-water mark and a 27.5m to the eave. Although encroaching within the setback, the proposed dwelling is generally sited in the same location to that of the existing (wall of existing house setback 24.5m). Further to that, the proposed encroachment is consistent to other dwellings on the North Shore with frontage to Noosa River (see insert below).
The proposed setback encroachment would not cause adverse impacts on the natural character of the Noosa River not worsen the impact of ecological important areas.

cONSULTATION
Referral Agencies
Not Applicable
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 MCU20/0001 for a Material Change of Use - Detached House situated at Wygani Dr Noosa North Shore Qld 4565 and described as Lot 276 M 37229, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0001
Street address:	Wygani Dr Noosa North Shore Qld 4565
Real property description:	Lot 276 M 37229
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for - Detached 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
SK105	DA1	Site Plan, prepared by Gerard Smith Design	Aug, 2021
SK201	DA1	Floor Plan, prepared by Gerard Smith Design	Aug, 2021
SK501	DA1	Elevations, prepared by Gerard Smith Design	Aug, 2021
SK601	DA1	Sections, prepared by Gerard Smith Design	Aug, 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 02/09/2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 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.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling.
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.
ENGINEERING
Flood Immunity, Drainage and Earthworks
The minimum floor levels of all habitable rooms must be must be the greater of the following:
the minimum specified floor level if in an area where minimum floor levels are available
500mm above the modelled flood level if in an area where flood modelling is available
500mm above the highest known flood level if in an area where flood modelling is not available.
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.
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.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
referral agencies
Not applicable.
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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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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