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Appendix E - Code Assessment

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     CARETAKER’S ACCOMMODATION, DWELLING UNIT AND RURAL WORKER’S ACCOMMODATION CODE


     Application for a Development Permit for a Material Change of Use to establish Caretaker’s Accommodation
      involving land described as Lot 3 on SP301612, situated at 103 Echidna Lane, Lake MacDonald Qld 4563


                  Performance Outcomes                                             Acceptable Outcomes                                              Comment
Location
PO1                                                                  AO1.1                                                    Complies.
Development does not compromise the operation or viability of        A dwelling unit does not occur within 100 metres
existing or planned non-residential uses.                            of land within the Low Impact Industry zone or           No land within the Low Impact Industry Zone or
                                                                     the Medium Impact Industry zone.                         Medium Impact Industry Zone is located within 100m
                                                                                                                              of the site.




PO2                                                                  AO2.1                                                    Complies.
Caretaker’s accommodation is used for bona fide caretaking or        In the Rural zone, caretaker’s accommodation is:
property management purposes such that:                                                                                       It is acknowledged that the proposed Caretaker’s
                                                                              1.    located within 50 metres of the           Accommodation is sited further than 50 metres away
          1.   in the Rural zone, caretaker’s                                       primary use of the site, for which        from the primary area used for the existing cattle
               accommodation is required because of the need                        the caretaker is responsible;             grazing operation. However, the dwelling has been
               to caretake a non-residential activity on site; or             2.    on a site with a minimum area of 20       strategically located outside of the constrained areas
          2.   in the Low Impact Industry zone, the Medium                          hectares, accommodating an                and still within close proximity to the primary uses of
               Impact Industry Zone or the Innovation                               existing rural activity; or               the site. The Caretaker’s Accommodation is required as
               Zone, caretaker's accommodation demonstrates                   3.    the only residential use on               it will be used to managing the bona fide rural activity
               the need for 24 hour care of buildings,                              a site accommodating a business           on the site. The property usually runs approximately 40
               operations, plant or equipment.                                      activity, a community activity, an        head of cattle. There are 32 weaner heifers onsite at
                                                                                    entertainment activity, an industry       the moment after 20 steers were sold in August, as
Editor’s Note—Council would require sufficient justification                        activity, an infrastructure activity or   demonstrated by the Cattle Sale Advice/Invoices
that the caretaker’s residence is required for the industry, rural                  a recreation activity.                    attached at Appendix D. As mentioned above, the
or other activity on the site.                                                                                                property owner lives in Brisbane and a full-time
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                                                                  AO2.2                                                  caretaker is required to tend to the cattle, fencing and
                                                                  In the Low Impact Industry zone or the Medium          other aspects of the rural activity.
                                                                  Impact Industry Zone, caretaker's accommodation
                                                                  is:

                                                                            1.   directly associated with and
                                                                                 subordinate to the industry activity
                                                                                 on site; and
                                                                            2.   the only residential use on the site;
                                                                            3.   on a site with an area of at least
                                                                                 2,000m2 or is not located within
                                                                                 100 metres of any other caretaker's
                                                                                 accommodation; and
                                                                            4.   not separately let for other
                                                                                 accommodation activities.

                                                                  AO2.3
                                                                  In the Innovation Zone caretaker's
                                                                  accommodation is:

                                                                            1.   directly associated with and
                                                                                 subordinate to a non-residential
                                                                                 activity on site; and
                                                                            2.   not separately let for other
                                                                                 accommodation activities

PO3                                                               Rural workers' accommodation is limited to land in     Not applicable.
Rural workers' accommodation is located on rural properties of    the Rural zone used for agricultural production.
20 hectares or greater for bona fide employees of a rural use                                                            The proposed development does not involve the
carried out on site.                                                                                                     establishment of rural workers’ accommodation.
Effects of Use
PO4                                                               AO4.1                                                  Complies.
A caretaker’s accommodation, dwelling unit or rural workers'      Caretaker’s accommodation is occupied by a
accommodation is ancillary to non-residential activities on the   person or persons having responsibility for the        The Caretaker’s Accommodation is required as it will be
same site.                                                        security, maintenance or management of non-            used to managing the bona fide rural activity on the
                                                                  residential activities conducted on the same site.     site. The property usually runs approximately 40 head
                                                                                                                         of cattle. The property owner lives in Brisbane and a
                                                                                                                         full-time caretaker is required to tend to the cattle,
                                                                                                                         fencing and other aspects of the rural activity.

                                                                  AO4.2
                                                                  No more than one caretaker’s accommodation is          Complies.
                                                                  established on site provided that where the site is
                                                                  subject to a Building Unit Plan or Group Title Plan

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no more than one caretaker's accommodation is
located on the original parent parcel.

AO4.3
Caretaker’s accommodation and rural workers'          Complies.
accommodation are not excised from the balance
of the site (or would cease to be this use).          The proposed Caretaker’s Accommodation is located on
                                                      the same site as the rural use.



AO4.4
Caretaker’s accommodation does not occur on the       Complies.
same site as a dwelling unit.

AO4.5
In a zone other than the Rural Zone caretaker’s
accommodation is adjoining and where practicable      Not applicable.
shares an interconnecting door with the non-
residential use for which the caretaker is
responsible.

AO4.6
Outside of an industrial zone neither a caretaker’s   Complies.
accommodation nor a dwelling unit has a gross
floor area exceeding 90m².                            The proposed Caretaker’s Accommodation will comprise
                                                      a GFA of 83m2.

AO4.7
No residential use in either the Low Impact           Not applicable.
Industry zone or the Medium Impact Industry
zone has more than one bedroom or a gross floor
area exceeding 65m².

AO4.8
Rural workers' accommodation has a combined           Not applicable.
total gross floor area not exceeding 250m² and
accommodates no more than 10 persons including
employees and, if applicable, their immediate
families.

Editor’s Note— Rural workers'
accommodation would typically only be occupied
on a seasonal basis. If the property owner sought
to offer accommodation to people beyond bona
fide farm workers approval for a separate use

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                                                                   such as short term accommodation would be
                                                                   required.
Safety and Amenity
PO5                                                                No acceptable outcome provided                        Complies.
Development does not place residents at risk of exposure to
noise levels, air emissions or odour levels that would cause                                                             The site currently supports a cattle grazing operation.
unacceptable health risks                                                                                                The resident of the proposed Caretaker’s
                                                                                                                         Accommodation will not be risk of exposure to noise
                                                                                                                         levels, air emissions or odour levels that would cause
                                                                                                                         unacceptable health risks

PO6                                                                AO6.1                                                 Complies.
The design of the caretaker’s accommodation, dwelling              The residence can be secured so that persons
unit or rural workers' accommodation achieves an acceptable        other than the residents cannot gain direct access.
level of residential amenity for residents of the use, including
security, visual and acoustic privacy and access to private        AO6.2
open space.                                                        Bedrooms and living rooms of the caretaker’s          Not applicable.
                                                                   accommodation, dwelling unit or rural workers'
                                                                   accommodation do not adjoin, and face away            The subject site does not support any noise generating
                                                                   from, noise generating activities conducted on        activities.
                                                                   the site or adjoining sites.

                                                                   AO6.3
                                                                   The caretaker’s accommodation or dwelling unit is     Complies.
                                                                   provided with a patio, balcony, verandah, deck or
                                                                   garden with an area of not less than 15m² with a      The proposed Caretaker’s Accommodation will be
                                                                   minimum horizontal dimension of at least 2.5          provided with a 10.7m x 4m deck at the front of the
                                                                   metres.                                               dwelling.


                                                                   AO6.4
                                                                   Rural workers' accommodation is provided in a         Not applicable.
                                                                   permanent habitable structure with, as a
                                                                   minimum:

                                                                             1.   sleeping quarters;
                                                                             2.   bathroom facilities;
                                                                             3.   living rooms separate to sleeping
                                                                                  quarters; and
                                                                             4.   running drinking water supply,
                                                                                  plumbed effluent disposal and
                                                                                  power supply.

                                                                   or

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                                                       Not applicable.
AO6.5
Where rural workers' accommodation takes the
form of temporary or transportable
accommodation:

          1.   ablutions and waste disposal are
               provided on site; and
          2.   employees stay no longer than six
               weeks.

Editor’s Note — depending on the nature of
accommodation and the number of people
accommodated special requirements pursuant to
the Building Act 1975 or the Workers'
Accommodation Act 1952 may apply to rural
workers' accommodation.

AO6.6
The residential use is setback at least 3 metres       Not applicable.
from any waste servicing area.

AO6.7
Caretaker’s accommodation and rural workers'           Not applicable.
accommodation is separated by at least 150
metres from:

          1.   the Resource Area/ Processing Area
               and operational area of any Key
               Resource Area;
          2.   any intensive animal industry;
          3.   any high impact industry.

AO6.8
Private open space or outdoor living space is sited
and orientated so that it is not directly overlooked   Complies.
by other buildings on the site or adjoining
premises;

or

AO6.9
Where direct overlooking from another building is
unavoidable, any private living space is screened      Not applicable.
by a minimum 1.8 metre high solid screen fence

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                                                                  or other effective screening devices.
PO7                                                               AO7                                                    Complies.
Sufficient space is available to accommodate the likely parking   Parking on the site is required in addition to those
demand of residents, exclusive of the car parking requirement     spaces required for other uses on the site, and is     Whilst not demonstrated on the floor plan provided,
for the other uses on the site.                                   marked for the exclusive use of the residential        there will be a single carport attached to the south-
                                                                  use.                                                   west   elevation    of   the   proposed    Caretaker’s
                                                                                                                         Accommodation.
                                                                  Editor’s Note— the rate of car parking required
                                                                  for the use is specified in the Driveways and
                                                                  Parking Code.

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