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planning report Gympie Kin Kin rd - kin kin · MCU22/0192

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           Development Application
               Planning Report


Development Permit for Short Term Accommodation (3 cabins)
    situated at 79 Gympie Kin Kin Rd, KIN KIN QLD 4571
                     (Lot 199 SP233184)




                                                     Page 1 of 12
Full text of the other 11 pages

Page 2

Contents
Summary ................................................................................................................................... 3
   1.1       Development application details ............................................................................................. 3
   1.2       Planning instrument details ..................................................................................................... 3
2.0       Site details ....................................................................................................................... 4
   2.1       Site description ....................................................................................................................... 4
   2.2       Surrounding land uses ............................................................................................................. 5
3.0       Proposed development details ......................................................................................... 6
4.0       Planning assessment ........................................................................................................ 8
   4.1       Code - Key parameters ............................................................................................................ 8
5.0       State assessment and other matters .............................................................................. 12
   5.1    State interests ....................................................................................................................... 12
     5.1.1 Matters established in the Planning Regulation ............................................................................ 12
     5.1.2 State Planning Policy ...................................................................................................................... 12
6.0       Conclusion ..................................................................................................................... 12




Client Name: Scott Hill
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:              1
Date:                 10 November 2022




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.



                                                                                                                                         Page 2 of 12

Page 3

Summary

1.1 Development application details
 Proposed development:     Development Permit for Short Term Accommodation (3 cabins)

 Site address:             79 Gympie Kin Kin Rd, KIN KIN
 Real             property Lot 199 on SP233184
 description:
 Site area:                38 hectares
 Owner details:            DRAGON HILL PTY LTD (TTE)
 Applicant details:        DRAGON HILL PTY LTD (TTE) c/ Pivotal Perspective Pty Ltd

1.2 Planning instrument details
 State planning policy:    State Planning Policy
 Regional plan:            SEQ Regional Plan 2017
 Designation:              – Regional Landscape and Rural Production
 Planning scheme:          The Noosa Plan 2020
 Zone:                     Rural Zone
 Level of assessment:      Code assessment pursuant to Table of Assessment 5.5.13 Rural
                            (a) located on a site with an area of at least 4 hectares; and
                            (b) not incorporating conference or function facilities; and
                           N/A (c) within a dwelling house no more than five bedrooms; or

                            (d) within no more than four free standing cottages, cabins or
                           permanent tents, accommodating no more than eight guests.

 Applicable overlays:      N/A
 Applicable codes:         Rural Zone Code
                           Visitor Accommodation Code
                           Works Code




                                                                                 Page 3 of 12

Page 4

2.0 Site details

2.1 Site description
Table 1: Site description

 Site characteristic                                     Description

 Existing land use          Dwelling & associated structures and farm sheds

 Access                     Existing access from a small service road accessed from Gympie Kin Kin
                            Road.
 Topography and views The cabins are proposed near the top of a small ridge behind the dwelling
                      in the existing house paddock. The location has a slight slope to north west.
                      The cabins are located parallel with the contours.
 Easements                  Nil




Figure 1: Aerial view and site identification
Source: Noosa Council Mapping System




                                                                                      Page 4 of 12

Page 5

Figure 2: The area of proposed cottages in relation to the dwelling house.


2.2 Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

  North and East   85 Gympie Kin Kin Rd - (76ha rural zone) vacant lot

      West         64 Leggots Loop (37.1ha rural zone) – detached house, sheds and dams;
                   Urban lots of detached houses in Overton Way; and
                   Kin Kin sportsground,
    South west     1 Gympie Kin Kin Rd; and
                   9 Gympie Kin Kin Rd
      South        Directly opposite and across Gympie Kin Kin Rd – smaller rural parcels




                                                                                       Page 5 of 12

Page 6

3.0 Proposed development details
The cabins are proposed for short term accommodation for visitor’s seeking to engage with the
appreciation of the rural environment and the surrounding natural beauty of the hinterland.
The Noosa Trail network, trails 1, 2 and 4 run parallel along the front boundary with Gympie Kin Kin
Rd. Trails 2 and 4 end at Kin Kin and trail 1 continue up Main Street. Directly opposite the subject
lot’s access, the trails enter unsealed Road 12 and head towards Sheppersons Lane and Silver Ash
Lane. An overnight stop is provided on the Kin Kin sports ground for those using the trail.
The popular rural village of Kin Kin is a 10-minute walk through the subject property to Old Wahpunga
Rd and the Kin Kin sports oval - where the nearby Kin Kin Hotel and other food and retail offerings
exist.

Three cabins are proposed each with the following features:

•   A GFA of 48.6m² per cabin;
•   Each cabin offers a living area, small kitchen and bed in the same room;
•   Separate bathroom;
•   Weather board cladding and custom orb roof to complement the rural character;
•   Large 16.18m² covered verandah;
•   North facing verandah and living areas;
•   Generous 0.9m wide eaves to 100% of the perimeter of the buildings; and
•   20-degree skillion roof.


Each cabin provides an appropriate supply of water through provision of water tanks. The Plumbing
and Drainage Act 2003 sets outs requirements for on-site effluent treatment and disposal and can
be conditioned appropriately. A Wastewater Report and Site Investigation Report both prepared by
Unearthed Geotechnical is provided as part of the application documentation. The Wastewater
Report indicates the requirement for an advanced secondary treatment plant with a 300m2 land
application area approximately 50m from the cabins.

Recor has provided a driveway access assessment and sight line report indicating sight distances
at the existing eastern end of the access driveway exceeds the required sight distances for a 80km/h
local speed limit, with a desirable 5 second gap acceptance demonstrating visibility for safe access.
The report also finds that the existing access road appears to be a suitable level of service for a rural
driveway access.




                                                                                             Page 6 of 12

Page 7

Figure 2 shows elevations and floor plan typical of the cabin, however, a full copy of the proposed
plans are included with the application.




Figure 3: Typical proposed elevations and floor plan of the cabins




                                                                                        Page 7 of 12

Page 8

4.0 Planning assessment
An assessment against the relevant provisions is provided below with further assessment regarding
the performance Outcomes provided within the Table 3.


4.1 Code - Key parameters

Table 3: Assessment against key development parameters within The Noosa Plan 2020:
                                                   Rural Zone Code
 Provision         Code Provision                                   Proposal and Comments                               Compliance
 A02.4 – Ag Land   AO2.4                                            The cabin location is not located within 200m of    Y
 Overlay           No sensitive land use is established closer      ALCA on an adjacent property.
                   than 200 metres from land on an adjacent
                   property included in the Rural zone and          Notwithstanding compliance with AO2.4, the
                   mapped as Agricultural Land Conservation         subject property and the surrounding lands are
                   Area as shown in Agricultural Land Overlap       generally used for grazing so there is no impact
                   Maps in schedule 2.                              on these agricultural uses by the proposed
                                                                    short term accommodation cabins.

                                                                    The proposal is not sited on ALCA and will not
                                                                    result in the loss or diminished production
                                                                    capacity of ALCA, consistent with the intent of
                                                                    the provision.
 PO4 – Visitor     PO4                                              The cabins are small scale with a GFA of only       Y
 accommodation     Visitor accommodation:                           48.6m² resulting in very small rural looking
                         1. is at a small scale and low density     buildings. They are located within the existing
                              that protects the environmental and   house paddock and offer views over the subject
                              rural values of the land;             property and the surrounding hills. The
                         2. is compatible with rural activities     combined overall site coverage of the cabins is
                              and nature conservation; and          194.4m² (not GFA) which is less than 0.05% of
                         3. does not detract from the rural         the land area, an insignificant quantity.
                              amenity of adjoining properties.
                                                                    The farming activities on the subject lot and
                                                                    surrounding area is grazing with short term
                                                                    accommodation         compatible    with    this
                                                                    agricultural use as there is no impacts such as
                                                                    overspray, noisy machinery or other farming
                                                                    activities that would create amenity impacts.

                                                                    The target visitors are those who are looking for
                                                                    a unique environmental experience near the
                                                                    Noosa Trail Network. Noting the cabins will not
                                                                    be seen from the surrounding area given there
                                                                    location.
 A08 - Setbacks    AO8.4                                            The cabin location is not located within 200m of    Y
                   In addition to the circumstances of AO8.1, to    an adjacent property affected by ALCA.
                   AO8.3 above, buildings and structures meet
                   the following minimum boundary setbacks:         Notwithstanding compliance with AO8, the
                                                                    subject property and the surrounding lands are
                              1.   20 metres from a property        generally used for grazing so there is no impact
                                   boundary of adjoining land       on these agricultural uses by the proposed
                                   in the Environmental             short term accommodation cabins.
                                   management and
                                   conservation zone;               The proposal is not sited on ALCA and will not
                              2.   a distance greater than the      result in the loss or diminished production
                                   width of the riparian buffer     capacity of ALCA, consistent with the intent of
                                   area shown on Biodiversity,      the provisions.
                                   Waterways
                                   and Wetland Overlay
                                   maps;
                              3.   10 metres from a
                                   road frontage; and
                              4.   10 metres from the side and
                                   rear boundaries or 6 metres
                                   where the lot area does not
                                   exceed 1 hectare, with the
                                   exception that if the height
                                   of the building or structure
                                   exceeds 9 metres




                                                                                                                        Page 8 of 12

Page 9

                                    the setback to the side and
                                    rear boundaries is equal to
                                    twice its height in metres.

                   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

                   Alternative provision to the QDC
A011 –    Scenic   AO11.1                                           No vegetation is required to be removed for the      Y
Amenity            Development does not result in sediment,         development and there are no nominated
                   soil or other material                           building envelopes.
                   including building materials or waste
                   products being released into the road            The cabins have been carefully sited in an area
                   reserve, stormwater drains, waterways or         free from planning scheme constraints.
                   adjacent properties.

                   AO11.2
                   Natural Vegetation is retained wherever
                   possible.

                   AO11.3
                   Where there is a nominated building
                   envelope on the lot, clearing of
                   native vegetation and building works do not
                   extend beyond the building envelope, except
                   for the purposes of a driveway access.
A015           -   AO15.1                                           The development is appropriately located and         Y
Earthworks         To protect scenic amenity and other              architecturally designed to be sympathetic to
                   landscape qualities, buildings, structures and   the location. None of the cabins are proposed
                   associated accessways are not constructed        on steep land.
                   on land with a slope greater than 25%.
                                                                    The cabins are proposed to run parallel with the
                   AO15.2                                           contour 86m AHD just below a small ridge.
                   On sloping sites or on ridgelines at the
                   uppermost edge of a hill slope:                  While the roof pitch is proposed at 20 degrees,
                                                                    the roof is a traditional pitch with 2 gabled ends
                               1.   roof lines are generally        with 0.9m eaves to the whole perimeter. It is
                                    parallel with contours of the   unknown of the intent of this provision to limit
                                    land;                           roof pitch to 15 degrees when traditional roof
                               2.   roofs do not exceed a pitch     styles historical included a roof pitch of 22 or
                                    of 15 degrees; and              22.5 degrees. Noting that the cabins will not be
                               3.   buildings do not protrude       seen from the surrounding road network and
                                    above the height of             will be hidden by slope and existing vegetation.
                                    prevailing vegetation.
                   AO15.3                                           Cut is considerably less than 1.5m with a
                   Cut or fill is less than 1.5 metres in depth     maximum cut of approximately 1m with the
                   relative to natural ground surface               building on posts.

                   AO16.1                                           The site adjoins that portion of Gympie Kin Kin      Y
                   Development includes linkages to or              Road which is part of Noosa Trial No.1, No.2
                   between existing or future components of         and No. 4 The vehicle access point to the lot is
                   the Noosa Trail Network, as indicated on         directly opposite where these trails run along
                   the Strategic Framework Infrastructure Map       the unsealed Road 12 towards Sheppersons
                                                                    Lane and Silver Ash Lane. The cabins will be
                   AO16.2                                           walking distance to the trails providing good
                   Development does not have an adverse             linkage to the network. The image below shows
                   impact on the access functions of the Noosa      trails 1,2 and 4 and the subject site.
                   Trail Network.




                                                                                                                         Page 9 of 12

Page 10

                                            Visitor Accommodation Code
Provision            Code Provision                                   Proposal                                              Compliance
                     Visitor accommodation is not located within:
AO1 – Location                                                        There are no intensive animal industries,             Y
                     1.   150 metres of land within the Low impact    horticulture or intensive agricultural operations
                               industry zone;                         on adjoining properties.
                     2. 200 metres of land within the Medium
                               impact industry zone;
                     3. the designated separation area of a Key
                               Resource Area;
                     4. 250 metres of an intensive animal
                               industry, intensive horticulture use
                               or rural industry; or
                     5. 100 metres of agricultural operations
                               on adjoining premises.
                     In the Rural zone or Rural
AO2 – Size           Residential zone the site used for Nature-       The site is 38.025ha in size                          Y
                     based tourism or short-term
                     accommodation has a minimum area of 4
                     hectares.
                     PO3
PO3 – Effects of     Development has a scale and density that is      The 3 x 48.6m² cabins are small scale buildings.      Y
Use                  compatible with the intent of the zone and       The scale and density of cabins is less than that
                     the preferred character for the local area in    of a rural activity such as a packing shed.
                     which it is located.                             The intent for the Rural zone is to maintain land
                                                                      for rural activities and small scale visitor
                                                                      accommodation. The scale of the proposal
                                                                      does not diminish the ability for the subject land
                                                                      or surrounding area from undertaking any rural
                                                                      activity.
                                                                      The built form is commensurate with the rural
                                                                      character.
                                                                      Importantly the cabins meet the Planning
                                                                      Scheme Tables of assessment for Code
                                                                      assessment which seeks to ensure Short term
                                                                      accommodation is of a scale sought for the
                                                                      hinterland. This proposal meets the criteria in
                                                                      the Tables of assessment and is therefore of a
                                                                      scale intended for the Rural zone.
                     Accommodation is sited so as not to
A08.3 – Safety       overlook the living areas of neighbouring        While the cabins are clustered, the covered           Y
and Amenity          premises                                         verandah’s are located on opposite sides of the
                                                                      building providing privacy and amenity for the
                                                                      guests.
                                                                      Each cabin provides 6.2m of separation where
                                                                      landscaping will be provided to ensure privacy
                                                                      and green outlook. The elevations facing each
                                                                      cabin have only 2 sets of louvres which limits
                                                                      any overlooking.
                     AO9.2
AO9.3            -   A landscaped area is provided and                While the code seeks a 3m landscaped area for         Y
landscaping          maintained within the site for a minimum         3m along frontages, this is unreasonable in a
                     width of:                                        rural setting and in this instance the street
                     (a) for a mixed use building with non-           boundary is not seen from Gympie Kin Kin Rd
                     residential uses fronting Gympie Terrace or      as the street boundary is along a small service
                     Thomas Street, Noosaville:                       road and an odd narrow private lot. The
                                     1. 1 metre adjacent to a         frontage is also approximately 2m higher than
                                          road frontage; and          Gympie Kin Kin Road and the cabins will not be
                                     2. 2 metres adjacent to the      seen from the private lot adjoining the subject
                                          rear property boundary;     site near the Gympie Kin Kin Road boundary.
                                          or
                     (b) for a mixed use building with non-
                     residential uses fronting Duke St, Sunshine
                     Beach:
                                     1. 2 metres to the rear
                                          property boundary; or
                     (c) unless otherwise specified above:
                                     1. 3 metres adjacent to a
                                          road frontage; and




                                                                                                                           Page 10 of 12

Page 11

                                  2.    2 metres adjacent to
                                        side and rear property
                                        boundaries.

                   PO11
PO11.1 - Traffic   Safe vehicular access is provided to and          The applicant has provided an access and sight        Y
                   from the site without adversely impacting on      line report prepared by RECOR Pty Ltd.
                   the safety of the road network.                   Sight lines to the south west are 125m and to
                                                                     the north east are 380m. RECOR indicate that
                                                                     the sight lines meet AS2870.1:Off-Street Car
                                                                     Parking section 3.2.4 for an 80km/hr road with
                                                                     a desirable 5s gap to enter traffic which requires
                                                                     line of sight of 111m and an absolute of 105m.
                                                                     The proposal is fully compliant in this regard.
                                                                     RECOR recommend that slashing of the
                                                                     southwest bank be maintained to ensure clear
                                                                     line of sight.
                   Short term parking is provided near
AO12.2             the office to allow for check-in and check-out.   Guest parking is provided a short walk from the       Y
                                                                     cabins. The owners also live onsite and either
                                                                     the owner or an employee will meet the guests
                                                                     for check-in or check out. This is an operational
                                                                     matter and will be undertaken to the guest
                                                                     needs.
                   where reticulated water supply is not
AO13.2             available, visitor accommodation is provided      Rainwater tanks are to be provided with each of       Y
                   with an alternative drinking water supply         the cabins in accordance with the relevant
                   source (e.g. rainwater) that complies with        guidelines considered as part of the building
                   the Australian Drinking Water Guidelines          and plumbing approvals.
                   (NHMRC,2011)                                      This is an essential element of any residential
                                                                     use and ample water supply will be provided.
                   Except where in the form of a serviced
PO22               apartment or hotel room the short term            Each cabin provides sufficient facilities to          Y
                   accommodation use is provided with                accommodate the needs of visitors.
                   sufficient kitchen, dining, laundry and
                   common room facilities to accommodate the
                   needs of visitors and resident staff.




                                                                                                                          Page 11 of 12

Page 12

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.




6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Short Term
Accommodation (3 units) situated at 79 Gympie Kin KIn Road, Kin Kin. The proposed development
is subject to code assessment and meets the relevant Acceptable and Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.



                                                                                                                    Page 12 of 12

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