Delegated Report - Code - Planning MCU21 0088

Author	Consultation Planner
Assessment Manager: Lisa Pienaar, Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0088
Applicant	Michaela Ann Van Der Stoep
Proposal	Material Change of Use - Dwelling house (Secondary Dwelling)
Properly Made Date	12 May 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	15 July
Report Completed Date	28 June 2021
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	8 Dandaloo Lane Cootharaba Qld 4565
RP Description	Lot 9 RP 908915
Land Area	41590 m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity Overlay – Area of Environmental Significance and Riparian Buffer Area Agricultural Land Conservation Area Land Subject to Acid Sulfate Soils – Above 5 AHD (Area 2) Bushfire Hazard Overlay – Potential Impact Buffer and Medium Potential Bushfire Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house (secondary dwelling) located within 200m2 of Agricultural Land Conservation Area (ALCA).   The secondary dwelling is proposed to be sited within the north eastern corner of the allotment, and also seeking a setback variation to the side bounary.  The secondary dwelling consists of 1 bedroom, living, dining and bathroom with a verandah and single car garage.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
A shed, dwelling and pool were approved in 2019.
Site Description
The subject site is 4.1 hectares in area and is currently used as a rural lifestyle allotment with a dwelling house located at the rear of the premises.   The site has previously been cleared and vegetation remains along the waterways that transect the lot.   An existing driveway runs parallel to the northern boundary of the lot which currently services the Dwelling House.
Surrounding Land Uses
The subject site is surrounded by rural lifestyle allotments of similar size.  The neighbouring lot to the north of the subject site is currently vacant.
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;
Hinterland Villages Local Plan Code;
Low Density Residential Use Code.
The subject site is located in Cootharaba 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 and 9m to the pitch of the roof	1 storeys Approx. 5 metres	
Site cover	40% max	< 40 %	
Secondary Dwelling Gross floor area	65 m² max	65m²	
Boundary setbacks Frontage Side ALCA Land	10 metres min 10 metres min 200 metres min	10 metres 6 metres 6 metres	X X

General
Whilst the allotment contains land subject to the Biodiversity Overlay the secondary dwelling is proposed within a cleared area and is not subject to the Overlay. Further, the proposed secondary dwelling is located within the previously approved building envelope.
Setbacks
Side Setback
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property and 10m from side boundaries where the lot area exceeds 1ha. The proposal is setback 6m from the side boundary and the ALCA on adjacent land. Performance Outcome PO2 & PO8 are the corresponding POs and are addressed below.

PO2
Development does not result in the loss or diminished productive capacity of 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.

While the proposal is located only 6m from the side boundary and adjoining ALCA, the adjacent land is cleared and maintained (slashed) however there is no evidence of agricultural activities on the land.  The subject lot and the neighbouring properties all include dwellings within 200m of the ALCA land therefore it is unlikely that the proposed location of the secondary dwelling will have any diminishing impact on the designated ALCA. It is unlikely that any expansion of the agricultural use would be undertaken in this area being so close to the existing dwelling house on the neighbouring land and it is noted that the size of the adjoining allotment is only 3.9ha.

The proposed 6m setback to the side boundary does not comply with the minimum 10m zone setback requirements however the secondary dwelling avoids vegetated areas within the subject site and will have no impact on rural uses and activities on adjoining land (as previously discussed), No potential impact on amenity is anticipated by the reduced setback as there is no dwelling currently located on the neighbouring allotment.

Given the above, it is unlikely the secondary dwelling’s proposed location will diminish the productiveness of ALCA, nor impact on the adjoining lands current/future land uses.  Therefore, the development is considered to comply with both PO2 and P08 of the Rural zone 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 MCU21/0088 for a Material Change of Use - Dwelling house (Secondary Dwelling) situated at 8 Dandaloo Lane Cootharaba and described as Lot 9 RP 908915, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0088
Street address:	8 Dandaloo Lane Cootharaba Qld 4565
Real property description:	Lot 9 RP 908915
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 (secondary dwelling)
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
JGSCN190273 Page 2	D	Site Plan Overall, prepared by G J Gardner	18.05.21
JGSCN190273 Page 3	D	Site Plan Detail, prepared by G J Gardner	17.04.21
JGSCN190273 Page 4	D	Floor Plan, prepared by G J Gardner	17.04.21
JGSCN190273 Page 5	D	Elevations, prepared by G J Gardner	17.04.21
JGSCN190273 Page 8	D	Sections / QDC Notes, prepared by G J Gardner	17.04.21
Currency Period
This development approval lapses if the use has not happened by 28 June 2027, unless an application to extend the currency period is approved by Council.
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling. In this regard, the removal of vegetation must not extend beyond the building envelope.
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.

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.
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
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
property notes
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
Compliance Certificate for Plumbing Works	Effluent Disposal
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

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