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Planning Report No. 100599
PLANNING REPORT
NO. 100599
Application for a Development Permit for Material Change of Use to establish
Caretaker's Accommodation, involving land described as Lot 3 on SP301612, situated
at 103 Echidna Lane, Lake MacDonald Qld 4563.
Prepared on behalf of Clarke Rural Property Trust
November 2021
Murray & Associates (Qld) Pty Ltd ACN 075 543 154 ABN 81 075 543 154 www.mursurv.com [email protected]
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Contents
Contact Details .....................................................................4
1.0 Summary ......................................................................5
2.0 Introduction .................................................................6
3.0 Characteristics of the Site and Surrounding Area .........7
3.1 Overview ............................................................................... 7
3.1.1 Location of the Subject Site ........................................... 7
3.1.2 Current Registered Landowner ....................................... 7
3.1.3 Planning Designation..................................................... 8
3.1.4 Surrounding Land Uses ................................................. 8
3.1.5 Dimensions, Easements, Size and Topography ................. 9
3.1.6 Built and Natural Site Features ....................................... 9
3.1.7 Access and Services ...................................................... 9
4.0 Proposed Development ............................................... 11
4.1 Development Overview ......................................................... 11
4.1.2 Built form .................................................................. 13
4.1.3 Access and Car Parking ............................................... 13
4.1.4 Infrastructure Services ................................................ 13
5.0 Triggered Overlays ..................................................... 14
5.1 Agricultural Land Overlay ...................................................... 15
5.2 Biodiversity, Waterways and Wetlands Overlay......................... 16
5.3 Bushfire Hazard Overlay ........................................................ 17
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5.4 Landslide Hazard Overlay ...................................................... 18
5.5 Regional Infrastructure Overlay .............................................. 19
6.0 Local Planning Matters ............................................... 20
6.1 Level of Assessment & Strategic Framework ............................ 20
6.2 Overall Outcomes for the Rural Zone ...................................... 20
6.3 Relevant Codes .................................................................... 21
7.0 State Planning ............................................................ 23
7.1 Matters of State Interest ....................................................... 23
7.2 State Planning Policy ............................................................. 23
8.0 Conclusions and Recommendations ............................ 24
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Figures
Figure 1 – Locality Map
Figure 2 – Zoning Plan Map
Figure 3 – Agricultural Land Overlay Map
Figure 4 – Biodiversity, Waterways and Wetlands Overlay Map
Figure 5 – Bushfire Hazard Overlay
Figure 6 – Landslide Hazard Overlay Map
Figure 7 – Regional Infrastructure Overlay Map
Appendices
Appendix A – Current Title Searches
Appendix B – Survey Plan and SmartMap
Appendix C – Proposal Plans
Appendix D – Cattle Sale Advice/Invoices
Appendix E – Code Assessment
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Contact Details
Murray & Associates (Qld) Pty Ltd Contact: Blake Bell
Planning and Surveying Consultant Address: PO Box 246
Nambour, Qld 4560
Phone: (07) 5441 2188
Email: [email protected]
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1.0 Summary
SITE DETAILS
Address 103 Echidna Lane, Lake MacDonald Qld 4563
Real Property
Lot 3 on SP301612
Description
Subject Land Area 31.0634ha (310,634m2)
Local Authority Noosa Shire Council
Current Registered Simon Clarke Rural Property Pty Ltd A.C.N. 166
Landowner 240 795
PLANNING SCHEME DESIGNATIONS
Local Government Noosa Shire Council
Planning Scheme Noosa Plan 2020
Zoning Plan Map ZM4
Zone Rural Zone
APPLICATION DETAILS
Applicant Clarke Rural Property Trust
Development Permit for Material Change of Use of
Application Type
Premises to establish Caretaker’s Accommodation
Level of
Code Assessment
Assessment
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2.0 Introduction
Murray & Associates (Qld) Pty Ltd have been commissioned to prepare this
Planning Report on behalf of Clarke Rural Property Trust in support of an
Application for a Development Permit for Material Change of Use to establish
Caretaker's Accommodation, involving land described as Lot 3 on SP301612,
situated at 103 Echidna Lane, Lake MacDonald Qld 4563.
Simon Clarke Rural Property Pty Ltd A.C.N. 166 240 795, as the Current
Registered Landowner of the subject site (refer to Appendix A for a copy of
the Current Title Search), have provided written consent to the proposed
development by signing the Company Owner’s Consent Form (Planning Act
2016), which accompanies this Planning Report. Also accompanying this
Planning Report is completed DA Form 1 – Development Application Details.
The subject site comprises a combined area of 31.0634ha and is included
within the Rural Zone, as identified in accordance with Zoning Plan Map No. 4
of the Noosa Plan 2020. The proposed development is ‘Code Assessable’, as
determined in accordance with Part 5 – Tables of Assessment, Section - 5.5
Material Change of Use, Table 5.5.13 Rural Zone of the Noosa Plan 2020.
The purpose of this Town Planning Report is to provide a detailed overview of
the proposed development in relation to the characteristics of the subject site,
the local area and the applicable local and state government planning
regulations. In this regard, an assessment has been undertaken in relation to
the applicable development and overlay codes of the Noosa Plan 2020 and
should be read in conjunction with the supporting information included within
the Figures and Appendices of this report, as well as the attached DA Form 1.
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3.0 Characteristics of the Site and Surrounding Area
3.1 Overview
3.1.1 Location of the Subject Site
The subject site is located 103 Echidna Lane, Lake MacDonald and is legally
described as Lot 3 on SP301612. The subject site is situated approximately
4.5km from the Cooroy township to the west. A Locality Map is provided
below at Figure 1 of this report and identifies the subject site in relation to
the surrounding area.
Subject Site
Figure 1: Locality Map
3.1.2 Current Registered Landowner
The Current Registered Landowner of the subject site is Simon Clarke Rural
Property Pty Ltd A.C.N. 166 240 795, as confirmed by the Current Title
Searches included at Appendix A of this report.
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3.1.3 Planning Designation
The subject site is included within the Rural Zone, in accordance with Zoning
Plan Map No. 4 of the Noosa Plan 2020. An extract copy of Zoning Plan Map
No. 4 is provided below at Figure 2 of this report and identifies the subject
site in relation to the surrounding area.
Subject Site
Figure 2: Zoning Plan Map
3.1.4 Surrounding Land Uses
The subject site is adjoined by properties that are likewise included within the
Rural Zone, predominantly comprising detached dwelling houses on large
allotments. The hilly terrain of the area has resulted in predominantly
residential uses, with cattle grazing activities also occurring.
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3.1.5 Dimensions, Easements, Size and Topography
The subject site is irregular in shape and comprises an area of 31.0634ha of
varying topography. For complete site dimensions refer to the Survey Plan
and SmartMap included at Appendix B of this report. Further, as noted by
the Current Title Searches included at Appendix A of this report, the subject
site is encumbered by the following easements:
• Easement No. 601263854, described as Easement A on RP49334,
which burdens land to Sub of Por 426;
• Easement in Gross No. 601292374, described as Easement J on
RP186689, which burdens the land to the South East Queensland
Electricity Board;
• Easement No. 601263855, benefiting the land over Easement A on
RP50189 over part of the land formerly Lot 3 ON RP49334.
3.1.6 Built and Natural Site Features
The subject site currently features a dwelling house and associated shed
structures, with an active beef cattle operation running on the site. The
remainder of the site is characteristic of open grassland, some areas of
vegetation and a dam.
3.1.7 Access and Services
The subject site gains access to the road network via Echidna Lane, a shared
driveway under easement which traverses western boundary of the site.
Access to the existing dwelling house is facilitated via a driveway, which
stems from Echidna Lane. Echidna Lane joins onto Cooroy-Noosa Road to the
north of the subject site, which connects the site to the formalised road
network.
The existing dwelling house is provided with the necessary rural infrastructure
services including:
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➢ On-site water and effluent disposal; and
➢ Reticulated telecommunications and electricity supply.
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4.0 Proposed Development
4.1 Development Overview
This application seeks approval for a Development Permit for Material Change
of Use to establish Caretaker's Accommodation, involving land described as
Lot 3 on SP301612, situated at 103 Echidna Lane, Lake MacDonald.
The proposal seeks to establish Caretaker’s Accommodation in the southwest
section of the subject site, within close proximity to the existing dwelling
house. There is currently a full-time property manager that lives on the
property (in a caravan) and looks after the cattle, fencing and other aspects
of the rural activity as the property owner lives in Brisbane. The purpose of
the Caretaker’s Accommodation is to establish a permanent dwelling better
suited to the property manager’s needs.
Please refer to the Proposal Plans prepared by FSA Design Pty Ltd at
Appendix C, which contains the location and design of the proposed
Caretaker’s Accommodation.
AO2.1 of the Caretaker’s Accommodation, Dwelling Unit and Rural Workers’
Accommodation Code stipulates that a caretaker’s accommodation is located
within 50 metres of the primary use of the site. It is acknowledged that the
proposed Caretaker’s Accommodation is sited further than 50 metres away
from the primary area used for the existing cattle grazing operation. However,
the proposed dwelling has been strategically located outside of the
constrained areas and still within close proximity to the primary uses of the
site. The Caretaker’s Accommodation is required as it will be used to
managing the bona fide rural activity on the site. The property usually runs
approximately 40 head of cattle. There are 32 weaner heifers onsite at the
moment after 20 steers were sold in August, as demonstrated by the Cattle
Sale Advice/Invoices attached at Appendix D. As mentioned above, the
property owner lives in Brisbane and a full-time caretaker is required to tend
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to the cattle, fencing and other aspects of the rural activity. The images
included below demonstrate the location of the proposed Caretaker’s
Accommodation and its proximity to the services (being the existing water
tank and access driveway/associated electricity connection) on the site.
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4.1.2 Built form
The proposed Caretaker’s Accommodation will comprise a two (2) bedroom
configuration, with one of the bedrooms inclusive of an ensuite. The one-level
dwelling will also include a separate bathroom and open plan kitchen, living
and dining area, which opens out to a large deck. The building will comprise a
GFA of 83m2, which is compliant with the maximum GFA (90m2) specified in
the Caretaker’s Accommodation, Dwelling Unit and Rural Workers’
Accommodation Code. These details are depicted in the Proposal Plans
attached at Appendix C of this report.
4.1.3 Access and Car Parking
The access easement adjoining the western boundary of the site (Echidna
Lane) will continue to provide access to the site and the proposed Caretaker’s
Accommodation.
Table 9.4.1.3 – Minimum parking requirements including end of trip facilities
stipulates that a caretaker’s accommodation must be provided with one
covered parking space. Whilst not demonstrated on the Proposal Plans
provided, there will be a single carport attached to the south-west elevation of
the proposed Caretaker’s Accommodation. It is considered that Council are
able to condition the covered parking space as part of the Development
Permit.
4.1.4 Infrastructure Services
The existing supply of infrastructure currently servicing the dwelling house will
be maintained. The Caretaker’s Accommodation will be able to connect to
rural services, including:
➢ On-site water and effluent disposal;
➢ Reticulated telecommunications and electricity supply.
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5.0 Triggered Overlays
The subject site is triggered by the following overlays, in accordance with the
Overlay Maps of the Noosa Plan 2020:
• Agricultural Land Overlay
o Agricultural Land Conservation Area;
• Biodiversity, Waterways and Wetlands Overlay
o MSES Environmental Values, Area of Biodiversity Significance;
o Waterways;
o MSES Regulated Vegetation – Intersecting a Watercourse;
o MSES Regulated Vegetation - Category R GBR Riverine;
o Riparian Buffer Area;
• Bushfire Hazard Overlay
o Medium Potential Bushfire Intensity;
o Potential Impact Buffer;
• Landslide Hazard Overlay
o Moderate Hazard Area; and
• Regional Infrastructure Overlay
o Water Resource Catchment and Water Supply Buffer Area.
Comment regarding the triggered overlays have been made below in Sections
5.1 to 5.5.
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5.1 Agricultural Land Overlay
Figure 3 – Agricultural Land Overlay Map
It is acknowledged that the subject site comprises Agricultural Land
Conservation Areas in accordance with the Agricultural Land Overlay of the
Noosa Plan 2020. The proposed Caretaker’s Accommodation will be
constructed to allow the property manager to better tend to the cattle,
fencing and other aspects of the rural activity. As such, no Agricultural Land
Conservation Areas will be fragmented as part of the proposed development.
It is acknowledged that the proposed Caretaker’s Accommodation is not
setback the required 200m distance from land on an adjacent property
included in the Rural Zone and mapped as Agricultural Land Conservation
Area. Due to the irregular shape of the subject site and comprising a width
that only slightly exceeds 400m, it is not viable to establish the Caretaker’s
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Accommodation in a location that complies with this requirement. The
proposed dwelling will be not be adversely affected by adjacent rural
operations (e.g. spray drift associated with horticulture/cropping activities) as
the property to the west of the site is used for similar cattle grazing purposes.
5.2 Biodiversity, Waterways and Wetlands Overlay
Figure 4 – Biodiversity Overlay Map
It is acknowledged that the subject site triggers MSES Environmental Values,
Area of Biodiversity Significance, Waterways, MSES Regulated Vegetation –
Intersecting a Watercourse, MSES Regulated Vegetation - Category R GBR
Riverine, and Riparian Buffer Area in accordance with the Biodiversity,
Waterways and Wetlands Overlay of the Noosa Plan 2020. The proposed
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Caretaker’s Accommodation will be sited entirely outside of the constrained
areas (including the Riparian Buffer Area).
5.3 Bushfire Hazard Overlay
Figure 5 – Bushfire Hazard Overlay Map
It is acknowledged that the subject site triggers Medium Potential Bushfire
Intensity and Potential Impact Buffer in accordance with the Bushfire Hazard
Overlay of the Noosa Plan 2020. As demonstrated by the attached Proposal
Plans (Appendix C), the proposed Caretaker’s Accommodation will be
established within the Potential Impact Buffer. Appropriate fire breaks will be
established between the dwelling and existing hazard vegetation.
Furthermore, the Caretaker’s Accommodation will be designed in accordance
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with the relevant specifications outlined in the Queensland Development Code
and appropriate on-site fire fighting measures will be implemented.
5.4 Landslide Hazard Overlay
Figure 6 – Landslide Hazard Overlay Map
It is acknowledged that the subject site is within the Medium Hazard Area in
accordance with the Landslide Hazard and Steep Land Overlay of the Noosa
Plan 2020. As demonstrated by the attached Proposal Plans (Appendix C),
the proposed Caretaker’s Accommodation will be sited outside of this hazard
area.
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5.5 Regional Infrastructure Overlay
Figure 7 – Regional Infrastructure Overlay Map
It is acknowledged that the subject is within the Water Resource Catchment
and Water Supply Buffer Area in accordance with the Regional Infrastructure
Overlay of the Noosa Plan 2020. The proposed Caretaker’s Accommodation
will not adversely affect water quality of the catchment.
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6.0 Local Planning Matters
6.1 Level of Assessment & Strategic Framework
As stated under Section 1.0 and Section 2.0 of this report, the proposed
development is ‘Code Assessable’, as determined in accordance with Part 5 –
Tables of Assessment, Section - 5.5 Material Change of Use, Table 5.5.13
Rural Zone of the Noosa Plan 2020.
As the proposal applies for a development type that is consistent with the
intent of the Rural Zone, an assessment of the proposed development in
relation to the Strategic Framework is not considered necessary.
6.2 Overall Outcomes for the Rural Zone
The intent of the Rural Zone Code is described and commented on below, as
detailed in accordance with Section 6.8.3 - Rural Zone Code of the Noosa Plan
2020.
1. The purpose of the Rural zone is to:
a) provide for rural uses and activities; and
b) provide for other uses and activities that are compatible with:
i. existing and future rural uses and activities; and
ii. the character and environmental features of the zone; and
c) maintain the capacity of land for rural uses and activities by protecting and managing significant
natural resources and processes.
2. The overall outcomes sought for the Rural zone are as follows:-
a) The establishment of a wide range of rural activities is facilitated, including animal
husbandry, aquaculture, cropping, horticulture, roadside stalls, rural industries, forest
practices, wholesale nurseries and other primary production and compatible uses.
b) The viability of existing and future rural activities is protected from the intrusion of incompatible
uses.
c) Areas for primary production are conserved and lot fragmentation is avoided.
d) Existing extractive industries and key resource areas are protected from the intrusion of
incompatible uses.
e) Rural activities embrace sustainable land management practices and contribute to the amenity
and landscape of the area. Livestock enterprises are predominantly pasture fed, free range
operations.
f) More intensive rural activities including animal keeping, intensive horticulture and extractive
industry may be established in the zone provided that adverse environmental and amenity
impacts including the generation of noise, dust or odour are avoided with sensitive land uses
buffered from impacts.
g) Lot reconfigurations are typically limited to instances of protecting remnant vegetation or riparian
corridors or improving the delivery or function of regional infrastructure.
h) The establishment of outdoor recreation and small-scale tourism facilities in suitable locations is
facilitated in a manner that does not significantly compromise the rural productivity or
ecological values of the land.
i) Visitor accommodation complements rural uses and promotes the sustainable use of rural land.
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j) Houses or outbuildings may be available for short term guests where there is no resultant
changes to the rural amenity or rural production of the area.
k) Nature based tourism adopts exemplary standards of ecologically sustainable design and
facilitates appreciation of the natural environment.
l) Rural activities provide for appropriate value adding to produce on site where adverse
environmental and amenity impacts are avoided.
m) Home-based businesses which add to the economic sustainability of the hinterland are
established where the nature, scale and intensity of the activity is compatible with the
character and amenity of the surrounding locality.
n) Development is reflective of, and sensitively responds to, the environmental constraints of the
land.
o) Natural features such as creeks, gullies, waterways, wetlands and vegetated hillslopes and
ridgelines are retained, managed and enhanced where possible.
p) Development maintains and enhances the significant scenic and landscape values of the area.
The built form of development integrates with and complements the rural character intended
for the zone and sensitively responds to the landscape.
q) Development does not reduce the vegetated open space and rural landscapes that frame distinct
towns and villages.
r) Development protects and provides for recreational trails.
s) Development does not adversely impact on the continued operation, viability and maintenance of
existing infrastructure or compromise the future provision of planned infrastructure.
Comment
The intent of the proposed Material Change of Use is to establish Caretaker’s
Accommodation to support the bonafide rural use of the property. There is
currently a full-time property manager that lives on the property (in a
caravan) and looks after the cattle, fencing and other aspects of the rural
activity as the property owner lives in Brisbane. The purpose of the
Caretaker’s Accommodation is to establish permanent housing better suited to
the property manager’s needs.
Further, the proposed development does not detrimentally impact existing
natural site features and has been designed in consideration of the
topography of the land, overlays, and existing built form. In summary, the
proposed development is consistent with the purpose and overall outcomes
envisaged for the Rural Zone.
6.3 Relevant Codes
As stipulated in accordance with Part 5 – Tables of Assessment, Section - 5.5
Material Change of Use, Table 5.5.13 Rural Zone of the Noosa Plan 2020, the
following codes are applicable to a development of this nature:
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➢ Rural Zone Code;
➢ Caretaker’s Accommodation, Dwelling Unit and Rural Workers’
Accommodation Code; and
➢ Works Code.
An assessment of the Rural Zone Code is provided in Section 6.2 above. An
assessment of the Works Code has not been prepared, as the Works Code is
appropriate for Operational Works (where required).
An assessment of the Caretaker’s Accommodation, Dwelling Unit and Rural
Workers’ Accommodation Code has been prepared by Murray & Associates
(QLD) Pty Ltd and is included at Appendix E of this report.
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7.0 State Planning
7.1 Matters of State Interest
The Planning Act 2016 and the Planning Regulation 2017 provide the
legislative framework within Queensland for authorities (Local and State
Government) to assess development applications. Matters that require
assessment may be delegated to the Department of State Development,
Manufacturing, Infrastructure and Planning (DSDMIP) for assessment by the
State Assessment and Referral Agency (SARA).
Following a review of the SARA DA Online Mapping System, it is
acknowledged that this application does not require referral to DSDMIP for
further assessment.
7.2 State Planning Policy
The State Planning Policy (SPP) outlines the Queensland Government’s
policies regarding matters of state interest in land use planning and
development. The SPP only applies to development assessment if the planning
scheme has not yet appropriately integrated the SPP. If a discrepancy arises
between a local planning scheme and a state planning policy, the state
planning policy overrides the planning scheme. As outlined within Part 2 of
the Noosa Plan 2020, the SPP has been incorporated into the planning
scheme. In light of the above, an assessment of the proposed development
against the SPP is not required.
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8.0 Conclusions and Recommendations
This application provides justification for an application for a Development
Permit for Material Change of Use to establish Caretaker's Accommodation,
involving land described as Lot 3 on SP301612, situated at 103 Echidna Lane,
Lake MacDonald, on the following grounds:
➢ The proposed development is suitable for rural purposes considering
the zoning of the subject site;
➢ The proposed Caretaker’s Accommodation will gain appropriate access
to the road network;
➢ The subject site is suitable for rural living and agricultural activities
with respect to infrastructure serviceability; and
➢ The proposed development complies with the applicable performance
outcomes of the relevant codes of the Noosa Plan 2020.
Thus, on behalf of Clarke Rural Property Trust, it is recommended that Council
issue approval for a Development Permit for Material Change of Use to
establish Caretaker's Accommodation, involving land described as Lot 3 on
SP301612, situated at 103 Echidna Lane, Lake MacDonald.
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Appendix A Current Title Search [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Current Title Search
Page 27
Appendix B Survey Plan and SmartMap [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Survey Plan and SmartMap
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Appendix C Proposal Plans Prepared by FSA Design Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix C Proposal Plans Prepared by FSA Design Pty Ltd
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Appendix D Cattle Sale Advice/Invoices [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix D Cattle Sale Advice/Invoices
Page 30
Appendix E Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix E Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd