Delegated Report - Code - Planning MCU22 0096

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0096
Applicant	Jane Margaret & Cameron Blake C/- Adapt Town Planning & Development Management
Proposal	Material Change of Use - Dwelling house, Rural workers' accommodation
Properly Made Date	17 June 2022
Information Request Date	5 July 2022
Information Response Date	22 August 2022
Extension	11 October 2022
Decision Due Date	11 October 2022
Report Completed Date	28 October 2022
Report Reviewed By	Patrick Murphy 2.11.2022

PROPERTY DETAILS
Property Address	42 Lukes Rd Cooroy Mountain Qld 4563
RP Description	Lot 77 MCH 546
Land Area	43.1 ha
Existing Use of Land	Rural, Residential

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Bushfire Hazard Flood Hazard Landslide Hazard Regional Infrastructure (Water Resource Catchment & Water Supply Buffer)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use – new Dwelling House and conversion of existing dwelling to Rural Workers' Accommodation.
Dwelling House
The Lower Level comprises a four bay garage, laundry, mud room, cellar, cold room, two bedrooms, a change/wet room, an ensuite, a master bedroom wing incorporating an expansive walk-in-robe and ensuite, a gym, pool, spa, steam room, games room/bar, cinema, and several terrace areas.
The Main Level comprises three bedrooms each with their own ensuite and walk-in robe, two studies, a family room, dining, kitchen with butlers pantry, living room, and expansive outdoor areas in the form of a deck, pool and pool hours and terrace areas. Access between levels is provided via a lift or stair access.
The main house will achieve a total GFA of 951.05m2, not in compliance with AO7.3 of the Zone Code.
The dwelling includes a tennis court along the northern elevation of the dwelling.
Rural Workers’ Accommodation
The existing dwelling on the site is proposed to be converted to Rural Workers’ Accommodation to house no more than 10 people.
The Rural Workers’ Accommodation will support the operation of:
A machinery shed and cattle crush;
Vegetable garden;
Chicken coup;
Horse stables and stablerun;
Three livestock paddocks;
The development will be subject to internal building works.
It is proposed to retain the existing dwelling house and convert the building to Rural Workers’ Accommodation. The existing dwelling house comprises a master bedroom with a walk-in-robe and ensuite, 4 bedrooms, living, dining, kitchen, powder room, bathroom, family room, office, laundry, two bay garage plus a workshop. The proposal also seeks to retain the existing shed and outbuildings. The existing shed will be refurbished. Building materials and finishes are shown in the attached Elevation Plans and perspective images.
The proposed works accommodation remains less than 250m2 GFA.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Plan

Figure 4 – Site Plan
site details
Background
There is an existing dwelling and associated outbuildings on the site.
Site Description
The subject dual frontage to Cooroy Mountain Road and Lukes Road. Access is available off Luke’s Road which is an unsealed road.
Surrounding Land Uses
Nearest sensitive receptor – adjacent to Lukes Road.
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;
Caretaker's Accommodation, Dwelling Unit and Rural Workers' Accommodation Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Regional Infrastructure Code.
The subject site is located in Cooroy Mountain 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	2 storeys 8 metres	
Gross floor area (Dwelling House)	500m² max	951m2 (dwelling)	X
Gross floor area (Rural Workers’)	250m2	249.4m2	
Boundary setbacks Frontage Side Side Rear	10 metres min	> 10 metres	
Carparking	3 covered min	> 3 covered	
ALCA setback	200 metres	~ 72 metres	X
ALCA – Agricultural Land
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.

Editor’s Note—Agricultural Land Conservation Areas are shown on the Agricultural Land Overlay Maps in Schedule 2
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.
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 applicant is seeking a setback less than 200 metres between a sensitive land use and land within ALCA, the nearest setback being 72 metres to the western property. The area of land on the adjoining western property where identified as ALCA is subject to an existing dwelling, associated landscaping and dam. It does not appear that the area of land is under intensive rural activities which will raise conflict between uses. The siting of the dwelling does not result in the loss of productive land and complies with the corresponding Performance outcomes.
Gross Floor Area
AO7.3 With the exception of Class 10 buildings or structures used exclusively for a rural activity, individual buildings or roofed structures do not exceed 500m2 gross floor area.
PO7 Buildings and other structures:
are low rise;
minimise the appearance of bulk to adjacent properties, roads or other areas in the vicinity of the site; and
respect the scale of surrounding vegetation and maximises opportunities to retain existing vegetation on site.
The proposed development includes a Dwelling House which exceeds 500m2 gross floor area. The building is a two storey dwelling located on the highest elevation of the property, with a total gross floor area of 951m2. The subject site is over 43 hectares in size with the dwelling in excess of 500m2 maintaining the following setbacks in excess of the required 10 metre setback of the Rural Zone:
72 metres from tennis court, 94 metres from the dwelling to the northern boundary of Cooroy Mountain Road
81 metres to the western boundary
226 metres from Luke’s Road
Consequence of existing vegetation along the property boundary and road reserve of Cooroy Mountain Road there is a small section along the road where the proposed dwelling will be visible from, approximately 60 metres. The applicant has provided an extensive landscaping plan for the entirety of the site, this includes improved screening along Cooroy Mountain Road and both side elevations of the proposed Dwelling House.
The proposal is located within a cleared area on the site, and is respectful of the existing vegetation. The proposal is considered compliant with PO7.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
The submitted documentation did not include sufficient information for Engineering to assess the proposed development. Engineering had concerns regarding how the proposed development would provide access to the residences, manage stormwater and effluent onsite, and how erosion and sediments would be controlled. The applicant engaged Westera Partners who prepared a preliminary driveway design, preliminary erosion and sediment control plan and site-specific stormwater management plan to address Engineering’s concerns. An advanced secondary effluent treatment system was also prepared by Australian Site Investigations. Engineering believes relevant compliances can be achieved and recommends the following conditions be included.
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 MCU22/0096 for a Material Change of Use - Dwelling house, Rural workers' accommodation situated at 42 Lukes Rd Cooroy Mountain Qld 4563 and described as Lot 77 MCH 546, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0096
Street address:	42 Lukes Rd Cooroy Mountain Qld 4563
Real property description:	Lot 77 MCH 546
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, Rural workers' accommodation
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.
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
WD.102	DA2	Location & Context Plan, prepared by Aboda Design Group	8 August 2022
Dwelling House
WD.201	DA2	Lower Level Plan, prepared by Aboda Design Group	8 August 2022
WD.202	DA2	Main Level Plan, prepared by Aboda Design Group	8 August 2022
WD.501	DA2	Elevations, prepared by Aboda Design Group	8 August 2022
WD.502	DA2	Elevations, prepared by Aboda Design Group	8 August 2022
WD.601	DA2	Sections, prepared by Aboda Design Group	8 August 2022
WD.602	DA2	Sections, prepared by Aboda Design Group	8 August 2022
Rural Workers’ Accommodation
WD.701	DA2	Site Plan, prepared by Aboda Design Group	8 August 2022
WD.702	DA2	Cottage Main Level Floor, prepared by Aboda Design Group	8 August 2022
WD.703	DA2	Cottage Upper Level Floor, prepared by Aboda Design Group	8 August 2022
WD.704	DA2	Cottage Sections, prepared by Aboda Design Group	8 August 2022
Currency Period
This development approval lapses if the use has not happened by 2 November 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved Dwelling House is to be utilised in accordance with the use definitions under the Noosa Plan 2020.
The approved Rural Workers’ Accommodation is not to accommodate more than 10 persons in the existing dwelling, in accordance with the use definitions under the Noosa Plan 2020.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice.
Water Supply
The approved dwellings must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
Landscaping
Landscaping along the boundary perimeter a minimum width of 5 metres is to be undertaken in accordance with the Context Plan provided by Conlon Group, Issue C, page 13, in accordance with PSP3 – Landscaping Plants and Guidelines.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Private Tennis Court
The land area between the northern and western property boundaries on the subject site must be densely landscaped along the perimeter of the tennis court to soften the visual impact, in accordance with PSP3 – Landscaping Plants and Guidelines.
The vertical illumination resulting from direct, reflected or other incidental light emanating from the tennis court must not exceed 8 lux when measured at any point 1.5 metres outside the boundary, and at any level from ground level upward.
All flood lighting must be hooded or baffled to direct lighting downward.  Alternatively, all flood lighting must be of a type that gives no upward component of light when mounted horizontally.
Lighting structures must not exceed 8 metres in height.
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.
Site Access and Driveways
A sealed access driveway must be provided from Lukes Road to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must be in accordance with Noosa Council Standard Drawing RS-056 and generally in accordance with Westera Partners’ drawing S22-121-SW01 dated August 2022 and any associated addendum
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.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with Westera Partners’ Stormwater Management Report dated 22 August 2022.
Effluent Disposal
Effluent generated from the development must be collected, treated and disposed of using the proposed on-site effluent treatment and disposal system and maintained generally in accordance with recommendations made in Australian Site Investigations’ Site and Soil Evaluation report dated 17 July 2022.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in section 4 of the Preliminary Slope Stability Assessment report prepared by Tectonic dated 26 May 2022.
Earthworks and Retaining Walls
All fill and associated batters must be undertaken in accordance with an Operational Works approval, and contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council.
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.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
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 Operational Works	Driveway.
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 on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT