Delegated Report - Code - Planning MCU22 0193

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0193
Applicant	Sarah Louise Maher & Anthony Neil Maher C/-Brennan Planning Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	23 November 2022
Information Request Date	Not applicable
Information Response Date	Not applicable
Decision Due Date	20 January 2023
Report Completed Date	17 January 2023
Report Reviewed By	Lisa Pienaar 17.1.2023

PROPERTY DETAILS
Property Address	235 Upper Pinbarren Ck Rd Pinbarren Qld 4568
RP Description	Lot 272 SP 321936
Land Area	425000.00 m²
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Landslide Hazard Overlay Low - Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The applicant seeks approval for a Material Change of Use for a Dwelling house.
The proposed single storey dwelling house compromises an approximate gross floor area of 183m2. A single car garage, kitchen, living, dining, study, 3 beds and 2 bathrooms are contained within the building, with a wraparound verandah along the western to eastern elevations.
The building is setback 59 metres from the road frontage, approximately 11.5 metres northwest of the existing structures on the site.
There are two existing vehicle crossovers to the site associated with the rural uses, the dwelling is seeking to use the most northern crossover.
The application has triggered assessment due to the following:
development does not comply with AO2.4 and AO8.5 of the Rural Zone Code; and
will involve building works contained within part of the premises identified as riparian buffer of the biodiversity overlay.
The development is located outside of the Landslide Hazard Overlay.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Plan – Riparian Buffer

Figure 4 – Floor Plan

Figure 5 – NE & SE Elevations
Figure 6 – SW & NW Elevations
site site details
Background
A Development Permit was issued on 24 December 2020 for the purpose of Reconfiguring a Lot (2 into 2 lots), with the survey plan sealed in May 2021 (Council ref. RAL20/0026).
Site Description & Surrounding Land Uses
The site is undulating and has been predominately cleared of vegetation in the past. The site contains a dairy and cropping farm, with the dairy shed located on the northern portion of the lot, adjacent to Upper Pinbarren Creek Road.
The site is located within the area of Pinbarren and is surrounded by large rural zoned allotments. The surrounding area is utilised for farming and a majority of the lots contain dwelling houses.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Housing Use Code;
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	1 storey 6.9m	
Gross floor area	500m² max	183m2	
Boundary setbacks Frontage Side (north-western) Side (south)	10 metres min	59 metres 86 metres ~ 660 metres	
ALCA Setbacks
The proposal does not comply with the following Acceptable outcomes of the Rural Zone Code:
AO2.4 No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlap Maps in schedule 2.

PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.

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.
The proposed dwelling is located an approximate distance of 80 metres from land on the eastern side of Upper Pinbarren Creek Road, and 185 metres from the adjoining premises to the west, both setbacks are not in compliance with the required 200 metres.

Therefore, assessment against the corresponding Performance outcome is required which is as follows.
PO8 Notwithstanding that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
mitigate risks associated with the use of chemicals or air pollutants; and
avoid conflict with rural uses and activities on adjoining properties.
The adjacent premises on the eastern side of Upper Pinbarren Creek Road has structures and cultivation located parallel to the road associated with rural activities on the site. The siting of the dwelling is not considered to diminish the productive capacity of the adjoining operations, however it is likely that there will be impacts like noise, dust and odour associated with the premises. A combination of the proposed setback of 59 metres from the roadside and the inclusion of a condition requiring  a landscaped buffer will suitably mitigate any potential conflict between the rural and residential land uses.
The property to the west of the proposed dwelling is located on a higher elevation than the development area and has existing vegetation between the two ALCA and the proposed dwelling. The western setback relaxation is unlikely to raise conflict between land uses.
The recommended condition will ensure compliance with the Performance outcomes.
Biodiversity, Waterways and Wetlands Overlay
The proposed Dwelling house is identified in the riparian buffer of the Biodiversity Overlay. The area of development is clear of vegetation and is responsive of the characteristics of the site. The proposed dwelling has been concentrated within proximity to the existing structures to limit the extent of buildings across the site and is located to the eastern side of the mapped waterway to avoid fragmentation of the waterway.
The development complies with the Overlay Code.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not Applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0193 for a Material Change of Use - Dwelling house situated at 235 Upper Pinbarren Creek Road Qld 4568 and described as Lot 272 SP 321936, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0193
Street address:	235 Upper Pinbarren Creek Road Qld 4568
Real property description:	Lot 272 SP 321936
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling House
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
01.00	F	Site Plan, prepared by Embody Building Design	4 October 2022
02.00	F	Proposed Floor Plan, prepared by Embody Building Design	4 October 2022
03.00	F	North-East and South-East Elevation, prepared by Embody Building Design	4 October 2022
03.01	F	South-West and North-West Elevation, prepared by Embody Building Design	4 October 2022
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 17 January 2029, unless an application to extend the currency period is approved by Council.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 45,000 litres.
Landscaping
Prior to the Final Certificate for the Dwelling house being issued, screening vegetation must be planted between the dwelling and front property boundary for a minimum length of 17 metres (i.e., width of dwelling), in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a mature height of not less than 3 metres and form an effective buffer to screen the agricultural use and enhance the rural character of the site.
Bushfire Management
An accessible dam, swimming pool or water tank (in addition to day to day water supply) with an onsite water volume of not less than 5,000 litres must be available for firefighting purposes, located within reasonable proximity to buildings.
A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade fitting must be connected to the water supply (other than where the water supply is in a swimming pool or dam).
Property Driveway and Vehicle Crossover
Driveway crossovers must be constructed generally in accordance Council’s Standard Drawings RS-049, RS-050 and RS-051.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Surrounding Uses
This area is expressly identified as being potentially impacted by lawful non-residential uses. In commencing a residential use, the owner(s) acknowledges and accepts that the use may be potentially impacted by emissions from the lawful non-residential use.  It is the responsibility of the property owner(s) to take all measures necessary to ensure that the proposed dwelling is developed and maintained in such a way as to mitigate impacts from the surrounding lawful land use/s.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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‘Appendix D - Site Photographs

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Photo 3 = Looking over adjacent dary buléings

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Photo 5 ~ Looking southeast along road frontage