Delegated Report - Code - Planning MCU22 0044

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0044
Applicant	Holly-Anne Alice Fraser Christopher Keith Fraser
Proposal	Material Change of Use - Dwelling house
Properly Made Date	25 March 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	2 June 2022
Report Completed Date	16 June 2022
Report Reviewed By	Patrick Murphy 2022

PROPERTY DETAILS
Property Address	16 Pines Rd Cooroy Qld 4563
RP Description	Lot 21 SP 308933
Land Area	3.8740 Hectares
Existing Use of Land	Vacant, Agricultural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity, Waterways and Wetland Bushfire Hazard Landslide Hazard Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house as the application has been triggered due to the location of the dwelling being in both Agricultural Land and Landslide Overlays.
The dwelling and detached garage is proposed to be sited in the south western corner of the lot with a boundary setback of 10 metres to the southern and western boundaries. The dwelling is single storey, raised on stumps with a west-east warp around verandah. Within the rear southern boundary setback a 1 metre high retaining wall is proposed.
The proposed dwelling and garage will occupy a cumulative area of 429.48 square metres. There are no existing buildings on the premises based off aerial imagery.
The garage is accessible by the north western side of the garage, parallel to the side boundary.
The proposed dwelling will be serviced via an effluent disposal. The site will also have stormwater management in place as per the geotechnical advice. The dwelling will be connected to a water and an electricity supply.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Partial Site Plan

Figure 4 – Floor Plan

Figure 5 – Elevations

Figure 6 – Elevations

site details
Background
On 3 January 2019 a Negotiated Decision Notice was issued for the purpose of a Boundary Realignment (2 lots). A condition was imposed relating to a covenant over the premises for protection of the identified biodiversity area.
Site Description
Lot 21 SP308933 is located on the corner of Cooroy Belli Creek Road and Pines Road and is 3.8 hectares in size. The land falls to south to north and from west to east.
Surrounding Land Uses
Surrounding land uses are predominately residential with varying scales of rural operations.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Code;
Works Codes;
Landslide Hazard Overlay Code.
The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8/12 metres	1 storey <8 metres	
Site cover	45% max	~1%	
Gross floor area	< m² max	347.85 m²	
Agricultural Land Conservation Area (ALCA) Setbacks
Acceptable outcome AO2.4 of the Rural Zone Code seeks:
AO2.4 No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2.
Corresponding Performance outcome PO2 of the Code seeks:
PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
Acceptable outcome AO8.5 of the Rural Zone Code seeks:
AO8.5 On properties over 2 hectares in area, a distance of not less than 200 metres is provided between a sensitive land use and land on an adjacent rural zone property over 4 hectares in mapped Agricultural Land Conservation Area.
Corresponding Performance outcome PO8 of the Code seeks:

PO8 Notwithstanding that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
mitigate risks associated with the use of chemicals or air pollutants; and
avoid conflict with rural uses and activities on adjoining properties.
The proposed location of the Dwelling House is located on land identified as ALCA, and adjoins two properties which are both identified with ALCA along the common boundaries, therefore the development does not comply with AO2.4 and AO8.5 of the Rural Zone Code.
The proposed dwelling is located on the highest point of the block, neither of the adjoining sites or proposed location of the dwelling appear to be under cultivation or used for grazing. This is likely a result of the fall of the land to the north.
Furthermore, the location of the proposed dwelling and separation distance from the identified agricultural land is not considered to compromise the ability to undertake rural practices on adjoining premises or raise conflict between the two uses. A landscape buffer will be conditioned to be provided along the western side boundary and southern rear boundary in the event either of the adjoining premises proceed to intensity any rural activities on the respective premises. The development complies with the Performance Outcome.
Landslide Hazard
AO22.1 Development, including associated access, is not located on land identified as a landslide hazard area on a Landslide Hazard Overlay Map.
The applicant has provided a Geotechnical Report in support of the development application. The development permit will be conditioned to comply.
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 MCU22/0044 for a Material Change of Use - Dwelling house situated at 16 Pines Rd Cooroy Qld 4563 and described as Lot 21 SP 308933, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0044
Street address:	16 Pines Rd Cooroy Qld 4563
Real property description:	Lot 21 SP 308933
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
WD104	2/13	Site Plan prepared by As Design + Drafting	19 November 2021
WD104	3/13	Site Plan prepared by As Design + Drafting	19 November 2021
WD104	4/13	Floor Plan prepared by As Design + Drafting	19 November 2021
WD104	5/13	Elevations (north and east) prepared by As Design + Drafting	19 November 2021
WD104	6/13	Elevations (west and south) prepared by As Design + Drafting	19 November 2021
WD104	8/13	Section A prepared by As Design + Drafting	19 November 2021
Currency Period
This development approval lapses if the use has not happened by 16 June 2028, unless an application to extend the currency period is approved by Council.
Building Setbacks
The Dwelling House and garage are to be set back at least 10 metres from the rear and western property boundaries, as indicated on the approved Site Plan.
One Household Only
The premises must be used in accordance with The Noosa Plan 2020 definitions for a Dwelling House and must be for the exclusive use of one household only.
The premises must not be used as Multiple Housing and/or Visitor Accommodation or any other residential use as defined by The Noosa Plan, except a Dwelling House.
Geotechnical Stability
All works must be carried out in accordance with Geotechnical Report prepared by Engineering & Building Investigation Services, dated 4 March 2022, listed within this Decision Notice.
Landscaping Buffer
Prior to the Final Certificate being issued for Building Works, screening vegetation must be planted along the rear boundary, and north-western side boundary where immediate to the Dwelling house to form an effective buffer between the dwelling and adjoining rural properties.
The vegetation screen is to be in accordance with Council’s Planning Scheme Policy PSP2 – Landscaping.  The planted vegetation must have a minimum pot size of 100mm litres and consist of native, endemic species with a mature height of not less than 2 metres and a minimum/maximum spacing of 2 metre centres.
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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:
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.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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
Development Permit for Plumbing Works	Effluent Disposal
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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