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Town Planning Assessment Report

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Mur




      Town Planning
      Assessment Report
      157 Lawnville Road, Black Mountain

      Development Permit for Material Change of Use of Premises for
      Short-term Accommodation (4 x Cabins)




      June 2023
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Page 2

Table of Contents
1.     SITE AND APPLICATION SUMMARY .................................................................................. 3
2.     PROPOSAL ......................................................................................................................... 4
3.     BACKGROUND ................................................................................................................... 6
4.     SITE DETAILS ..................................................................................................................... 8
     4.1.     SITE DESCRIPTION ........................................................................................................... 8
     4.2.     SURROUNDING USES ....................................................................................................... 9
5.     ASSESSMENT REQUIREMENTS ........................................................................................ 10
     5.1.     FRAMEWORK FOR ASSESSMENT ....................................................................................... 10
     5.2.     ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ............................ 10
     5.3.     ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME .......................................... 11
     5.3.1.      DEFINITION .............................................................................................................. 11
     5.3.2.      LEVEL OF ASSESSMENT AND ASSESSMENT REQUIREMENTS ................................................. 11
     5.3.3.      ASSESSMENT BENCHMARKS......................................................................................... 11
6.     CONCLUSION .................................................................................................................. 22




Appendices
 Appendix A              Proposal Plans
 Appendix B              Bushfire Hazard Assessment
                         Report
 Appendix C              Ecological Assessment Report
 Appendix D              Riparian Rehabilitation Plan
 Appendix E              Soil and Effluent Disposal
                         Report
 Appendix F              Construction Management Plan
 Appendix G              Emergency Management Plan
 Appendix H              Site Photographs




Disclaimer: While every care has been taken in preparing this report, Brennan Planning 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 23

Page 3

1. Site and Application Summary
Applicant
Applicant:                  Mathew McGee C/- Brennan Planning Pty Ltd
Contact Details:            Marcus Brennan
                            Mob: 0423 952 928
                            Email: [email protected]
Registered Landowner(s):    Mathew McGee


Application
                            Development Permit for Material Change of Use of
Development Application:
                            Premises for Short-term Accommodation (4 x Cabins)

Level of Assessment:        Code Assessable

Referral Agencies:          Nil
                            Regional Landscape and Rural Production Area
SEQRP:



Subject Site
                            157 Lawnville Road, Black Mountain
Address:

Lot Description:            Lot 83 on MCH3546

Area:                       4.1903ha
                            Nil
Easement(s):

Regional Plan Designation   Regional Landscape and Rural Production Area
Planning Scheme             Noosa Plan 2020 (25 September 2020)
Local Plan:                 Not Applicable
Zone:                       Rural
Overlays:                   + Agricultural Land Overlay
                                - Agricultural Land Conservation Area
                            + Biodiversity, Waterways and Wetlands Overlay
                                - Area of Biodiversity Significance
                                - Riparian Buffer Area
                                - Waterways
                            + Bushfire Hazard Overlay
                                - Medium Potential
                                - Potential Impact Buffer
                            + Landslide Hazard Overlay
                                - High and Medium Hazard Area

                                                                           Page 3 of 23

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2. Proposal
This Development Application seeks an approval for a Development Permit for Material Change of Use
to establish a Short-term Accommodation use within four cabins to be established on the premises.
Each cabin would be a small single storey building that has a gross floor area (GFA) of 50.4m2. The
cabins will consist of an open studio room, kitchenette, ensuite, robe and two small decks at either
end. Designed in an A-frame style, the cabins will be elevated on metal posts and gently positioned on
the land. They will be clad with timber weatherboard and feature a corrugated metal roof.

The design and location of the cabins is detailed in Figures 1 – 3 below:




Figure 1 - Site Plan Extract




                                                                                          Page 4 of 23

Page 5

Figure 2 – Floor and elevation plans for each cabin




Figure 3 – Illustration of a similar cabin




                                                      Page 5 of 23

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Vehicular Access

Vehicular access to the cabins would be provided via three crossovers to Evans Road along the
northern boundary of the site. Cabins 1 and 2 would each have an individual driveway and crossover,
while cabins 3 and 4 would share a driveway and crossover. The driveways will be provided with an all
weather gravel surface consistent with the external roads surrounding the premises. There are
internal farm tracks that link between the main dwelling and the cabin sites.

Services

The cabins will each be provided with a water tank that has a minimum capacity of 10,000L and roof
water will be directed to the water tanks. Each cabin will be connected to reticulated electricity supply
and Telecommunications will be provided via satellite. Regarding effluent disposal, two advance
secondary systems would be installed to service the cabins in accordance with the Soil and Effluent
Disposal Report provided at Appendix E.

Please refer to the Proposal Plans at Appendix A further details in relation to the design and siting of
the buildings.


3. Background
A pre-lodgement meeting was held on 28 February 2023 in relation to the proposed application.
General support was expressed at the meeting provided that the issues raised could be
appropriately addressed. A summary of the issues and response to each is provided below.

 Issue Summary                                       Response
 Should the proposal exceed the proposed four        The proposal would provide for 4 cabins and a
 (4) cabins / eight (8) guests, the proposal         maximum of 8 guests, which can be a condition
 would become impact assessable. It is noted         of approval.
 that any more than four (4) cabins on site
 is very unlikely to be supported.

 The current proposed location for carparking is     An alternative parking layout has been
 not supported. It is recommended                    provided whereby parking is adjacent to each
 carparking be located in proximity to each          cabin.
 individual cabin, where possible.

 Noosa Plan 2020 seeks to avoid any                  An Ecological Assessment Report and
 development within the Riparian Buffer Area         Rehabilitation Plan have been provided to
 under the Biodiversity, Waterways and               accompany the application. The reporting
 Wetlands Overlay Code (refer to Ecology             demonstrates that the development will
 comments below for further details). As             protect and enhance ecologically important
 discussed at the meeting, it is difficult to        areas pertaining to the site in accordance with
 confirm the number of cabins that would be          the overall outcomes of the Biodiversity,
 supported on site without the full details of the   Waterways and Wetlands Overlay Code.
 existing vegetation on site, proposed
 rehabilitation etc, which will be required to be
 provided with the
 application material. The assessment of the
 application will determine the appropriate

                                                                                             Page 6 of 23

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number of cabins allowable on site, if any.

Any application will need to address any animal    The application has addressed requirements
industry, intensive horticulture use               relating to the mapped Agricultural Land
or rural industry uses being carried out within    Conservation Areas under the assessment
250m of the cabins and any existing                against the Rural Zone Code.
agricultural uses within 100m on adjoining
premises. If any uses are identified, details
around mitigating potential impacts both on
the ag uses and the proposed STA use must
be provided with the application material.

The existing and proposed access to the            The proposed access has been changed so that
site/cabins were discussed. It was advised that    the cabins would achieve access via Evans
the existing access to the residence was not       Road in accordance with Council’s
recommended and potentially unsafe for             recommendations. Cabins 1 and 2 have each
guests and that the existing access near the       been provided with their own access to avoid
intersection of Lawnville Road and Evans           traversing a waterway and limit the extent of
was too close to the intersection to be            driveways needed.
considered safe. It was suggested that the most
applicable arrangement for access to the cabins
would be shared driveways from Evans
Road (driveway for cabins 1 & 2 and a driveway
for cabins 3 & 4). The driveway locations would
need to ensure that safe sight distances are
available, the grades are suitable
and minimise the impacts on vegetation within
the site and within the road reserve.

Services. Any application would need to include    Each cabin will be provided with a water tank
sufficient detail to demonstrate how               that has a minimum capacity of 10,000L and
stormwater collection and reuse and effluent       roof water will be directed to the tanks for re-
disposal will be undertaken.                       use. Two advanced secondary effluent disposal
                                                   systems will be installed to treat effluent from
                                                   the use.

It is noted that the subject site is affected by   Each cabin will be provided with access via
flooding during rain events. Council has           Evans Road which is the highest part of the site
some concerns with the use of the internal         and remains flood free during events. The
tracks during these events and how                 internal access ways will not need to be used
management of the guests will be undertaken        during a flood event. A draft emergency
during current and predicted rain events.          management plan has been including at
It is recommended that any application include     Appendix G, which will inform guest about
a draft emergency management plan for              procedures during flood events.
these situations.

A well-made application must be accompanied        An Ecological Assessment has been prepared
by an ecological assessment that                   and is provided at Appendix C, which addresses
addresses the Biodiversity, waterways and          the Biodiversity, waterways and wetlands
wetlands overlay code. This code seeks to          overlay code. Overall, it has been demonstrated
                                                   that the proposal will protect and enhance

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 ensures that the biodiversity and ecosystem         ecologically important areas pertaining to the
 values of waterways, wetlands and                   site.
 adjacent riparian zones are protected by
 avoiding any new development in a riparian
 buffer area or wetland area. The purpose and
 overall outcomes of the code, and
 definition of an ecologically important area will
 need to be carefully considered as part
 of any application material. The application
 material should include any proposed
 rehabilitation and revegetation proposed for
 the sites waterways as well as landscape
 screening outcomes from Lawnville and Evans
 Road.

 Any application will need to consider the type      The proposal involves the establishment of
 of structures, how they are built and the           lightweight cabins that are raised on steel posts
 potential impacts that could be encountered         and will require minimal changes to the natural
 during a build phase and include mitigation         landform. Advance secondary effluent disposal
 measures around potential on site conflicts.        systems will also be installed to ensure that any
 Effluent disposal must be clearly marked            effluent runoff of the highest quality and will
 demonstrating compliance with setbacks to           not impact on ecologically important areas.
 native vegetation and waterways.

 Vegetation removal for driveways, and or            The driveways of been positioned so as to avoid
 development footprints must be quantified as        any large trees. Offset plantings will be
 part of any application.                            undertaken with native rainforest species for
                                                     any juvenile trees that are removed. Refer to
                                                     the site photographs at Appendix H which show
                                                     the location of each driveway.


4. Site Details
4.1. Site Description

 Site                                     Description
 Characteristic
 Existing land use                        The site is a rural parcel of land that contains an existing
                                          dwelling house and associated structures mostly on the
                                          western portion of the site. There are cattle yards and
                                          loading ramp in the northeast corner of the site. An
                                          approval was given on 3 April 2023 for additions and
                                          alterations to the existing dwelling house.
 Frontage and access                      The existing dwelling gains its primary access via Lawnville
                                          Road, in the northwest corner of the site. The existing
                                          crossover is adjacent to a bridge and bend in the road and
                                          has poor visibility. The site is bounded by Lawnville Road



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                                               to the west and north and Evans Road to the east.

 Topography                                    A tributary of the Six Mile Creek bends through the site,
                                               running in a northerly direction. A small 1st order stream
                                               also transects through the south east corner of the site
                                               and connects to the Six Mile Creek tributary. The site
                                               slopes downhill at gentle gradients toward to waterways.

                                               The site slopes downhill away from a ridgeline that runs in
                                               a north/south direction through the centre of the site. The
                                               site contains several dams in the lower portions.




Figure 3 – Aerial Photograph of Subject Site


4.2. Surrounding Uses
The site is located in rural environment and is surrounded by rural allotments of a similar size and
nature and are used for rural and rural residential pursuits.




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5. Assessment Requirements
5.1.    Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may
contain assessment benchmarks applicable to development applications:
+     the Planning Regulation 2017
+     the Planning Scheme for the local government area
+     any temporary local planning instrument
+     any variation approval

Of these, the planning instruments relevant to this application are discussed below:



5.2.    Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the
application must be carried out against, which are additional or alternative to the assessment
benchmarks contained in council’s Planning Scheme. These assessment benchmarks may be contained
within:
    • the SEQ Regional Plan;
    • Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
        Planning Scheme; and
    • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Planning Regulation is
provided below:

SEQ Regional Plan

The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan (SEQRP). The proposed Short-term Accommodation use is consistent with the goals,
elements and strategies for the Regional Landscape and Rural Production area designation.

Part E of the State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests
relating to development assessment are set out in Part E of the document and are under five broad
themes. The assessment benchmarks of the SPP Part E that are relevant to the development
proposal are consistent with the current provisions of the planning scheme and would not warrant
further assessment.




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Schedule 10 of the Regulation

The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.


5.3.    Assessment Benchmarks Relating to the Planning Scheme

        5.3.1. Definition
The Noosa Plan 2020 defines Short-term accommodation and Dwelling house as follows:

Short-term accommodation—
a) means the use of premises for
     i. providing accommodation of less than three (3) consecutive months to tourists or travellers;
         or
    ii. a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the
         use is ancillary to the use in subparagraph i.; but
b) does not include a hotel, nature-based tourism, resort complex or tourist park

The proposal meets the definition of short-term accommodation as it would involve the use of
cabins to accommodate tourists or travellers for periods less than 3 consecutive months.


        5.3.2. Level of Assessment and Assessment Requirements
The site is located within the Rural Zone under the Noosa Plan 2020. Pursuant to Table 5.5.13 of the
planning scheme, the proposed Short-term accommodation is ‘code assessable’ as:
    a) the site has an area greater than 4ha;
    b) the use does not incorporate conference or function facilities; and
    c) It will not involve the use of more than four free standing cottages, cabins or permanent tents,
        accommodating more than eight guests.

In accordance with Section 45(3) of the Planning Act 2016 a code assessment is an assessment that
must be carried out only—

    (a) against the assessment benchmarks in a categorising instrument for the development; and
    (b) having regard to any matters prescribed by regulation for this paragraph.


        5.3.3. Assessment Benchmarks
Pursuant to Table 5.5.13 of the Noosa Plan 2020, the short-term accommodation use is assessable
against the following codes:
    +   Rural Zone Code;
    +   Visitor Accommodation Code; and
    +   Works Codes

An assessment against the applicable outcomes contained within the codes is detailed in Table 5.3.3
below.



                                                                                          Page 11 of 23

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The development also triggers assessment against the following overlay codes:
    + Biodiversity, Waterways and Wetlands Overlay Code;
    + Bushfire Hazard Overlay Code;

An assessment against these codes is provided in Appendix B & C

Table 5.3.3
 Rural Zone Code
 Performance Outcomes                Acceptable Outcomes                   Compliance
 PO1                                 No acceptable outcome provided.       PO1 - Complies
 Land uses in the Rural zone are                                           The proposed short-term
 limited to those which are                                                accommodation use is a
 compatible with agriculture and                                           consistent and appropriate use
 the protection of environmental                                           in the rural area. There are no
 and landscape values.                                                     intensive animal husbandry or
                                                                           cropping uses occurring on
                                                                           adjoining premises that the
                                                                           proposed use would impact
                                                                           upon. The adjoining property to
                                                                           the south is used for keeping
                                                                           horses and the proposal provides
                                                                           a 32.4m setback from this
                                                                           boundary which is sufficient to
                                                                           avoid any conflicts. The use
                                                                           relates to a low impact visitor
                                                                           accommodation use that
                                                                           involves the appreciation of the
                                                                           natural area and will not impact
                                                                           on the environmental or
                                                                           landscape values of the area.

 PO2                                 AO2.1                                 AO2.1 - Complies
 Development does not result in      Development that is incompatible      The proposed short-term
 the loss or diminished productive   with agricultural activities is not   accommodation use is not
 capacity of Agricultural Land       located on Agricultural Land          incompatible with agricultural
 Conservation Area.                  Conservation Area and an              activities as it inherently involves
                                     adequate separation area between      the appreciation of the rural
                                     the development and                   character natural values of the
                                     the Agricultural Land Conservation    area. The adjoining properties
                                     Area is provided.                     contain less than 2ha of mapped
                                                                           Agricultural Land Conservation
                                                                           Areas and are not of a suitable
                                                                           size dimensions to undertake
                                                                           viable agricultural activities.

                                     AO2.2                                 AO2.2 - Complies
                                     Where there is an overriding need     The proposed short-term
                                     for incompatible development to       accommodation is not
                                     be located on Agricultural Land       incompatible with the
                                     Conservation Area, the                agricultural activities. The use
                                     development does not have an          will be conducted within small
                                     irreversible impact on the            lightweight cabins that are raised
                                     productive capacity of Agricultural   on posts and sit lightly on the
                                     Land Conservation Area.               land. The use will not cause


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                                                                              irreversible impacts to the
                                                                              productive capacity of the land.


                                       AO2.3                                  AO2.3 - Complies
                                       Where located in the Agricultural      The use will be conducted within
                                       Land Conservation                      small lightweight cabins that are
                                       Area accommodation is of a             raised on posts and sit lightly on
                                       temporary or semi-permanent            the land.
                                       nature (such as tents, yurts,
                                       relocatable dwellings or
                                       recreational vehicles) or it
                                       adaptively reuses well-established
                                       rural buildings.                       AO2.4 – Performance Outcome
                                                                              The proposed short-term
                                       AO2.4                                  accommodation use is a
                                       No sensitive land use is established   consistent and appropriate use
                                       closer than 200 metres from land       in the rural area. There are no
                                       on an adjacent property included in    intensive animal husbandry or
                                       the Rural zone and mapped              cropping uses occurring on
                                       as Agricultural Land Conservation      adjoining premises that the
                                       Area as shown in Agricultural Land     proposed use would impact
                                       Overlap Maps in schedule 2.            upon. The use relates to a low
                                                                              impact visitor accommodation
                                                                              use that involves the
                                                                              appreciation of the rural
                                                                              character and natural qualities of
                                                                              the and will not impact on the
                                                                              environmental or landscape
                                                                              values of the area. Further, as
                                                                              detailed above, the adjoining
                                                                              properties contain less than 2ha
                                                                              of mapped Agricultural Land
                                                                              Conservation Areas and are not
                                                                              of a suitable size dimensions to
                                                                              undertake viable agricultural
                                                                              activities.


PO3                                    AO3.1                                  AO3.1 - Complies
With the exception of                  Only the occupants of a dwelling       Guests will not stay longer than 3
one dwelling house, caretaker’s        house, compliant caretaker’s           months.
accommodation or a community           residence or community
residence, any accommodation           residence reside on the property
activity is limited to use by short-   for any period greater than three
term guests or seasonal workers        consecutive months.
employed in a rural activity on
the same site or on adjoining
premises.

Building height and scale              AO7.1                                  AO7.1 - Complies
PO7                                    Buildings are no more than two         The buildings are single storey in
                                       storeys in height.                     height.
Buildings and other structures:
                                       AO7.2
are low rise;                          With the exception of Class 10         AO7.2 - Complies

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                                    buildings or structures used           The new dwelling has a pitched
minimise the appearance of bulk     exclusively for a rural                roof and a maximum height of
to adjacent properties, roads or    activity, buildings and structures     less than 9m.
other areas in the vicinity of      are no more than 8 metres
the site; and                       in building height providing that
                                    they may be up to 9 metres where
respect the scale of                the pitched roof but no other part
surrounding vegetation and          of the building or structure exceeds
maximises opportunities to retain   8 metres.
existing vegetation on site.
                                    AO7.3                                  AO7.3 - Complies
                                    With the exception of Class 10         The proposed cabins each have a
                                    buildings or structures used           gross floor area of 50.4m2.
                                    exclusively for a rural activity,
                                    individual buildings or roofed
                                    structures do not exceed 500m2
                                    gross floor area.

                                    AO7.4                                  AO7.4 - Not Applicable
                                    Class 10 buildings used exclusively
                                    for the purpose of animal
                                    husbandry, aquaculture, cropping, i
                                    ntensive animal industry, intensive
                                    horticulture or rural industry do
                                    not exceed 12 metres in height.

                                    AO7.5                                  AO7.5 - Not Applicable
                                    A structure, not constituting
                                    a building, used exclusively for the
                                    purpose of animal
                                    husbandry, aquaculture, cropping, i
                                    ntensive animal industry, intensive
                                    horticulture or rural industry does
                                    not exceed 15 metres in height.

                                    AO7.6                                  AO7.6 - Not Applicable
                                    Where excavation is required, the      Excavation is not required.
                                    maximum portion of the exposed
                                    external façade of
                                    the building cannot exceed the
                                    respective building heights in
                                    AO1.1 , AO.2, AO7.3, AO7.4 and
                                    AO7.5 above

Setbacks
PO8                                 AO8.4                                  AO8.3 - Complies
Notwithstanding that intensive      In addition to the circumstances of    The cabins are setback a
rural activities may need greater   AO8.1, to AO8.3 above, buildings       minimum of 15m from the
separation distances, buildings     and structures meet the following      closest boundary, being the road
and other structures are            minimum boundary setbacks:             boundary.
appropriately sited and designed     a) 20 metres from a property
to:                                     boundary of adjoining land in
                                        the Environmental
a) avoid environmental harm or          management and conservation
   nuisance to sensitive land           zone;
   uses, including adverse


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    impacts on amenity values,         b) a distance greater than the
    over and above what could             width of the riparian buffer
    reasonably be expected in             area shown on Biodiversity,
    the rural zone;                       Waterways
                                          and Wetland Overlay maps;
b) avoid adverse impact                c) 10 metres from a
   on ecologically important              road frontage; and
   areas including National            d) 10 metres from the side and
   Parks, watercourses, and               rear boundaries or 6 metres
   wetlands;                              where the lot area does not
                                          exceed 1 hectare, with the
c) mitigate risks associated with         exception that if the height of
   the use of chemicals or air            the building or structure
   pollutants; and                        exceeds 9 metres
                                          the setback to the side and rear
d) avoid conflict with rural uses         boundaries is equal to twice its
   and activities on adjoining            height in metres.
   properties.

                                                                              AO8.5 – Complies
                                       AO8.5
                                                                              There are no adjoining
                                       On properties over 2 hectares in
                                                                              properties that contain over 4ha
                                       area, a distance of not less than
                                                                              in mapped Agricultural Land
                                       200 metres is provided between
                                                                              Conservation Area.
                                       a sensitive land use and land on an
                                       adjacent rural zone property over 4
                                       hectares in mapped Agricultural
                                       Land Conservation Area.

PO10                                   AO10                                   AO10 - Complies
Development does not                   Safe vehicular access is provided to   Safe vehicular access can be
compromise the safety, capacity        and from the site without              provided to each cabin via
or operation of the road network.      adversely impacting on the safety      crossovers to Evans Road which
                                       of the road network.                   contains low traffic levels and is
                                                                              the safest access point to the
                                                                              site.

PO11                                   AO11.1                                 AO11.1 - Complies
Development does not have a            Development does not result in         The proposal involves the
significant adverse impact on the      sediment, soil or other material       construction of lightweight
natural values of                      including building materials or        cabins that are raised on posts
the site including through:            waste products being released into     and require minimal earthworks
                                       the road reserve, stormwater           to be established. A construction
loss of biodiversity values, fauna     drains, waterways or adjacent          management plan has been
habitat and fish passage;              properties.                            provided at Appendix F which
                                                                              details the low intensity
changes to natural drainage;                                                  construction methodology of the
                                                                              build. Overall, the construction
disturbance to                                                                can be managed in a manner
any wetland systems;                                                          that will not result in any
                                                                              sediment, soil or other material
erosion and the transport of                                                  being released into the
sediments off site (including                                                 waterway or adjacent properties.
pollutants and other
contaminants which would affect        AO11.2                                 AO11.2 - Complies
the capacity of agricultural lands);   Natural Vegetation is retained         The proposal does not involve
                                       wherever possible.                     removing native vegetation

                                                                                                    Page 15 of 23

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                                                                             onsite. Some juvenile trees in the
worsening of landslide or fire risk;                                         road reserve would require
                                                                             removal. Clearing these would
on-site effluent disposal;                                                   be consistent with the nature of
                                                                             the road reserve and these can
creation of dust and air                                                     be offset with replanting of local
pollutants;                                                                  native species within the site.

disturbance of buildings and
                                       AO11.3                                AO11.3 - Not Applicable
features, including natural
                                       Where there is a                      The lot does not contain a
features, of cultural heritage
                                       nominated building envelope on        nominated building envelope.
significance.
                                       the lot, clearing of
                                       native vegetation and building
                                       works do not extend beyond
                                       the building envelope, except for
                                       the purposes of a driveway access.


PO12                                   AO12                                  AO12 - Complies
Development and                        Development and                       Runoff from the roof area will be
associated site works do not           associated site works, including      directed into rainwater tanks.
directly, indirectly or                filling and excavation are designed   The proposal would not
cumulatively cause adverse             and constructed to ensure             exacerbate flooding or overland
impacts external to the                overland flow and/or flooding is      flow impacts.
development site by:                   not worsened, impeded, or
                                       otherwise diverted to adversely
causing ponding of water;              affect other properties.

increasing flooding, which
adversely affects the safety or
use of any land upstream and
downstream;

adversely affecting the flow of
water in any overland flow path.

                                       AO13
                                       Development on land adjoining         AO13 – Complies
                                       the major road network, Lake          The land has a frontage to
                                       Macdonald or the Noosa River          Lawnville Road to the north and
                                       system minimises visual impacts on    west, which is part of the major
                                       the scenic amenity of the roadway     road network. The eastern side
                                       or waterway by:                       of the site, fronting Evans Road,
                                                                             will not be visible from the major
                                       sensitive siting and design of        road network.
                                       buildings, structures, driveways
                                       and works;

                                       retaining existing vegetation;

                                       incorporating landscape
                                       treatments to visually screen and
                                       soften development; and



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                                      incorporating building materials
                                      and external finishes that are
                                      compatible with the site’s visual
                                      character and landscape setting.

Sloping sites and ridgelines

PO15                                  AO15.1                                   AO15.1 - Complies
The landscape character and           To protect scenic amenity and            The cabins and proposed
visual amenity quality of hill        other landscape qualities,               accessways are located on gently
slopes and ridgelines are retained    buildings, structures and                sloping land.
and buildings and structures:         associated accessways are not
                                      constructed on land with
a) are visually responsive to the     a slope greater than 25%.
   natural topography of
   the site, sitting within the       AO15.2                                   AO15.2 - Not Applicable
   landscape rather than              On sloping sites or on ridgelines at     The site is not a sloping site or on
   dominating it;                     the uppermost edge of a hill slope:      a ridgeline.

b) step down slopes or use            a) roof lines are generally parallel
   suspended floor construction,         with contours of the land;
   minimising cut and fill and
   avoiding benching of the site;     b) roofs do not exceed a pitch of
                                         15 degrees; and
c) allow for retention of
   natural vegetation that            c) buildings do not protrude
   assists in screening or visually      above the height of
   softening development; and            prevailing vegetation.
                                                                               AO15.3 - Complies
d) incorporate materials,             AO15.3                                   Any cut and filling would be
   finishes and colours that          Cut or fill is less than 1.5 metres in   minimal and not exceed 1.5m.
   complement the natural             depth relative to natural ground
   setting and integrate with the     surface.
   landscape and skyline.

PO16                                  AO16.1                                   AO16.1 -A016.2 - Not Applicable
A comprehensive network of            Development includes linkages to         The site is not in the vicinity of
bridle trails and pedestrian and      or between existing or future            the Noosa Trail Network.
bicycle linkages is established,      components of the Noosa Trail
enhanced and protected                Network, as indicated on
incorporating road reserves,          the Strategic
State forests, Council owned land     Framework Infrastructure Map
and private lands consistent with
the lifestyle and outdoor
recreation needs of Noosa Shire’s     AO16.2
residents and visitors.               Development does not have an
                                      adverse impact on
                                      the access functions of the Noosa
                                      Trail Network.

Visitor Accommodation Code
Performance Outcomes                  Acceptable Outcomes                      Compliance
PO1                                   AO1.1                                    PO1.1 – Performance Outcome
Visitor accommodation is located      Visitor accommodation is not



                                                                                                     Page 17 of 23

Page 18

such that it avoids conflicts with   located within:                       The proposed short-term
nearby land uses.                                                          accommodation is located
                                     a) 150 metres of land within          32.4m from the closest rural
                                        the Low impact industry zone;      zoned property. Despite not
                                     b) 200 metres of land within          achieving the acceptable
                                        the Medium impact industry         outcome, it is considered to
                                        zone;                              comply with PO1 of the code as
                                     c) the designated separation area     it would avoid any conflicts with
                                        of a Key Resource Area;            nearby land uses.
                                     d) 250 metres of an intensive
                                        animal industry, intensive         The adjoining properties are
                                        horticulture use or rural          relatively small in area and
                                        industry; or                       contain less than 2ha of mapped
                                     e) 100 metres of agricultural         Agricultural Land Conservation
                                        operations on adjoining            Areas. They are used for low
                                        premises.                          intensity grazing purposes and
                                                                           are not of a suitable size or
                                                                           dimensions to undertake viable
                                                                           agricultural activities. The
                                                                           proposed use relates to a low
                                                                           impact visitor accommodation
                                                                           use that involve the
                                                                           appreciation of the rural
                                                                           character and natural qualities
                                                                           of the area and will not conflict
                                                                           with the use of adjoining land.

                                     AO1.2                                 AO1.2 – Complies
                                     Visitor accommodation is not
                                     within 100 metres of
                                     an educational
                                     establishment or childcare centre.

PO2                                  AO2.1                                 AO2.1 - Not Applicable
Development is located on            Within the urban boundaries,
                                                                           The site is not within an urban
a site with an area sufficient to    the site of a tourist park has a
                                                                           boundary and the use does not
accommodate the use without          minimum area of 8,000m².
                                                                           relate to a tourist park.
detracting from the character
and amenity of the local area.       AO2.2
                                     In the Rural zone the site used for   AO2.2 - Not Applicable
                                     a tourist park has a minimum area     The use does not relate to a
                                     of 10 hectares.                       tourist park.
                                     AO2.3
                                     In the Rural zone or Rural            AO2.3 - Complies
                                     Residential zone the site used        The site has an area of 4.19ha.
                                     for Nature-based tourism or short-
                                     term accommodation has a
                                     minimum area of 4 hectares.
PO3                                                                        PO3 - Complies
Development has a scale and          No acceptable outcome provided
                                                                           The proposal involves the use of
density that is compatible with
                                                                           4 small lightweight cabins the
the intent of the zone and the
                                                                           are constructed with timber
preferred character for the local
                                                                           weatherboard cladding and
area in which it is located.
                                                                           corrugated metal roofs and will


                                                                                                Page 18 of 23

Page 19

                                                                           be compatible with the rural
                                                                           character of the area.
PO4                                 AO4.1                                  AO4.1 - Not Applicable
Visitor accommodation is located    Accommodation adjacent to or
such that it preserves the safety   within 50 metres of an existing
of guests and does not impact on    electricity substation incorporates
the function of infrastructure      noise attenuation measures to
including:                          mitigate noise impacts.
 a) the major road network;
 b) the North Coast railway         AO4.2
      line;                         Buildings and structures (including    AO4.2 - Not Applicable
 c) existing and future             swimming pools, sheds, tennis
      electricity supply            courts and outbuildings) are not
      infrastructure; and           constructed under overhead
 d) water supply and waste          electricity transmission lines, or
      water treatment.              within electricity easements.

                                    AO4.3
                                    Accommodation
                                                                           AO4.3 - Not Applicable
                                    a) within a designated transport
                                       noise corridor; or
                                    b) within 100 metres of an
                                       existing electricity substation—
                                        i. incorporates noise
                                           attenuation measures to
                                           mitigate noise impacts and;
                                       ii. guests are not
                                           accommodated in
                                           lightweight shelters (such as
                                           tents, yurts, recreational
                                           vehicles, or relocatable
                                           dwellings).

                                    AO4.4
                                    Accommodation within a water           AO4.4 - Not Applicable
                                    catchment area relies on
                                    minimal clearing of
                                    natural vegetation, earthworks,
                                    and movement of sediments or
                                    nutrients from the site and any on-
                                    site disposal of effluent is to a
                                    secondary treatment standard.

PO5 - PO10 - Not Applicable to Rural Based Visitor Accommodation

PO11                                AO11.1                                 AO11.1 – Complies
Safe vehicular access is provided   Visitor Accommodation is directly      Evans road is a good quality
to and from the site without        accessible from a sealed road or a     gravel road.
adversely impacting on the safety   good standard gravelled road.
of the road network.
                                    AO11.2                                 AO11.2 – AO11.3 – Not
                                    Visitor accommodation does not         Applicable
                                    gain direct access from part of        Evans road is not part of the
                                    the major road network which has       major road network.
                                    a legal speed limit of 90 kilometres
                                    per hour or above.

                                                                                                Page 19 of 23

Page 20

                                      AO11.3
                                      Where:

                                      a) the site gains access from part
                                         of the major road network; or
                                      b) more than 10 guests are
                                         accommodated—

                                      vehicle manoeuvring areas are
                                      provided on site such that vehicles
                                      enter and leave the site in a
                                      forward gear.

                                      AO12.1                                 AO12.1 – Complies
                                      Visitor car parking spaces are:        Parking is made available
                                      a) accessible at all times;            adjacent to each cabin.
                                      b) not located behind locked
                                          gates; and
                                      c) not located in tandem with a
                                          garage or other car parking
                                          space

                                      AO12.2
                                      Short term parking is provided near    AO12.2 – Not Applicable
                                      the office to allow for check-in and   The proposal relates to a rural
                                      check-out.                             accommodation use.

PO13                                  AO13.1                                 AO13.1 – Complies
Visitor accommodation is              Visitor accommodation is:              The cabins will be connected to
provided with a level of              a) connected to the reticulated        an onsite effluent treatment and
infrastructure and services that:         sewer infrastructure network;      disposal system.
 a) is appropriate to its location        or
    and setting;                      b) where not located in a sewered
 b) maintains environmental and           area, the premises are
    public health; and                    connected to an onsite effluent
 c) is commensurate with the              treatment and disposal system.
    needs of users.

PO22                                  No acceptable outcome provided         PO22 – Complies
Except where in the form of a                                                The cottage contains a
serviced apartment or hotel room                                             kitchenette and dining area to
the short term accommodation                                                 meet the needs of guests. It is
use is provided with                                                         anticipated that guests would
sufficient kitchen, dining, laundry                                          not be staying to long enough to
and common room facilities to                                                need laundry facilities.
accommodate the needs
of visitors and resident staff.

PO23                                  AO23.1                                 AO23.1 – Not Applicable
In mixed use developments,            Mixed use building formats ensure:
                                                                             The proposed accommodation
buildings are designed and uses       a) separate identifiable, well-lit
                                                                             does not involve a mixed-use
operated to ensure resident              and safe
                                                                             format.
guests:                                  pedestrian access to building e
 a) are not unduly impacted by           ntries and units;
    business or entertainment         b) private accommodation
    activities;                          residential spaces are clearly

                                                                                                  Page 20 of 23

Page 21

b) are afforded a high level of         defined by using features such
   privacy and security; and            as low walls, changes in surface
c) have access to a reasonable          texture or other landscape
   level of private outdoor living      treatments; and
   space.                            c) business or entertainment
                                        customers and patrons do not
                                        have access to areas that are
                                        intended for the exclusive use
                                        of resident guests.

                                     AO23.2                                 AO23.2 – Complies
                                     Accommodation units are provided       The cabins are provided with a
                                     with private open space or             10m2 deck that is directly
                                     a balcony directly accessible from a   accessible from the living area.
                                     habitable room that:

                                     a) is a minimum area of 6m²;
                                     b) has a minimum dimension of 2
                                        metres; and
                                     c) does not accommodate air
                                        conditioning units.

PO24                                 AO24.1                                 AO24.1 - AO24.4– Not
Development facilitates the          Walkways, car parks and publicly       Applicable
security of people and property      accessible facilities, including       The proposal involves a rural
having regard to:                    toilets, and bicycle racks are         visitor accommodation use
                                     located and designed to allow          within a self-contained cottage.
a) opportunities for casual          casual surveillance by other
   surveillance and sight lines;     persons.
b) exterior building design that
   promotes safety;                  AO24.2
c) adequate lighting;                Pathways allow clear sightlines in
d) appropriate signage and           all directions.
   wayfinding; and
                                     AO24.3
e) building entrances, loading
                                     Adequate lighting is provided
   and storage areas that are
                                     to building entrances, car parks and
   well lit and lockable after
                                     pedestrian routes.
   hours.
                                     AO24.4
                                     The property, including service
                                     areas can be secured at night time.

                                                                            PO25 – Complies
PO25                                 No acceptable outcome provided         The proposed short term
Short term accommodation in a                                               accommodation use will be
single dwelling is limited to                                               conducted in small lightweight
formats compatible with the                                                 timber cabins that are consistent
character and use of the area so                                            with the rural character of the
as not to cause unreasonable loss                                           area. The cottages are well
of residential amenity, having                                              separated from the closest
regard to:                                                                  residents and would not result in
a) the privacy of residents on                                              privacy or amenity impacts for
    the subject property or                                                 nearby residents.
    adjoining properties;
b) any likely increase in noise to
    adjoining properties;

                                                                                                  Page 21 of 23

Page 22

 c) the scale of the use and its
    compatibility with the
    character and uses within the
    property or surrounding area;
 d) retention of the primary
    residential function of an
    area;
 e) the impact on the safety and
    efficiency of the local road
    network;
 f) the impact of waste storage
    areas on the visual amenity of
    the area or sensitive land
    uses; and
 g) any impact on shared
    vehicular access or parking.


 PO21                                AO21.1                                AO21.1 - Complies
 Nature based tourism provides       Guests have the opportunity to
                                                                           Guests will have opportunities to
 experiences that increase visitor   participate in low impact non-
                                                                           participate in activities including
 appreciation and understanding      motorised nature
                                                                           bushwalking, bicycle riding and
 of natural and cultural values.     based recreational pursuits (such
                                                                           observing wildlife.
                                     as bushwalking, kayaking, bicycle
                                     riding or observing wildlife).

                                     AO21.2                                AO21.2
                                     The use provides for environmental    The use will provide for
                                     or cultural heritage interpretation   environmental interpretation
                                     and education.                        and education through educating
                                                                           people about the native wildlife
                                                                           in the area and walking/riding
                                                                           trails.



 Works Codes
                                                 Comment

 The proposed Short-term accommodation use will be provided with appropriate access, parking, disposal of
 stormwater, and connections to all necessary infrastructure having regard to its setting in accordance with
 the requirement of the relevant works codes.




6. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks
contained within the Noosa Plan 2020 and does not raise any significant issues that cannot be
addressed by reasonable and relevant conditions on the following basis:
    + the proposal provides a low-key visitor accommodation use operated out of small, lightweight
        timber cabins;
    + the built form appearance of the dwelling is in keeping with the rural character and amenity
        of the area;


                                                                                                 Page 22 of 23

Page 23

    +   the cabins are lightweight, raised on posts, and sensitively respond to the site;
    +   The use would ensure that the ecologically important areas pertaining to the site are
        protected and enhanced;
    +   the development would provide for visitor accommodation opportunities in the hinterland
        area that would complement rural uses and promote the sustainable use of rural land and the
        natural environment;
    +   the use would support tourism within the local area without compromising the land for rural
        activities;
    +   the use would not result in any unreasonable offsite impacts including by way of noise, light,
        glare, dust or odour emissions or stormwater runoff or traffic impacts.
    +   the use can be designed and constructed in a manner that will ensure acceptable risk to
        people and property in the event of a bushfire.

This office trusts that the information supplied comprehensively addresses all of the issues that are to
be considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or
any aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928
or via email [email protected]

Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan.




                                                                                           Page 23 of 23

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