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      Town Planning
      Assessment Report
      235 Upper Pinbarren Creek Road, Pinbarren


      Material Change of Use to establish a Dwelling House



      November 2022
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Page 2

Table of Contents
1.     SITE AND APPLICATION SUMMARY .................................................................................. 3
2.     PROPOSAL ......................................................................................................................... 4
3.     BACKGROUND ................................................................................................................... 5
4.     SITE DETAILS ..................................................................................................................... 6
     4.1.    SITE DESCRIPTION ........................................................................................................... 6
5.     ASSESSMENT REQUIREMENTS .......................................................................................... 7
     5.1.    FRAMEWORK FOR ASSESSMENT ......................................................................................... 7
     5.2.    ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 .............................. 7
6.     THE NOOSA PLAN ............................................................................................................. 7
     6.1.    DEFINITIONS .................................................................................................................. 7
     6.2.    LEVEL OF ASSESSMENT ..................................................................................................... 8
     6.3.    ASSESSMENT BENCHMARKS .............................................................................................. 8
7.     CONCLUSION .................................................................................................................. 19




Appendices
 Appendix A              Proposal Plans
 Appendix B              Site Photographs




                                                                                                                             Page 2 of 19

Page 3

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



Application
                            Material Change of Use to establish a Dwelling House
Development Application:

Level of Assessment:        Code Assessable

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


Subject Site
Address:                    235 Upper Pinbarren Creek Road, Pinbarren

Lot Description:            Lot 272 on SP321936

Area:                       42.4711 ha

Easement(s):                Nil


Covenants                   Nil

Local Plan Area:            Nil

Zone:                       Rural
Planning Scheme Overlays:   +     Agricultural Land Conservation Overlay
                            +     Biodiversity, Waterway and Wetlands Overlay (Area of
                                  Biodiversity Significance, Riparian Buffer, Waterways)
                            +     Bushfire Hazard (Medium Potential Bushfire Intensity,
                                  Potential Impact Buffer)
                            +     Landslide Hazard (High and Moderate Hazard Area)




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Page 4

2. Proposal
The proposal seeks a Development Permit for a Material Change of Use of premises to establish a
Dwelling House. The application is triggered for the following reasons:-
+ it does not comply with AO2.4 and AO8.5 of the Rural Zone Code in that it would establish sensitive
   land use closer than 200 metres from land on an adjacent property included in the Rural zone and
   mapped as an Agricultural Land Conservation Area; and
+ it will involve development on that part of the premises identified as riparian buffer area on a
   Biodiversity Overlay Map.

The proposed development involves establishing a dwelling house in the northern portion of the site,
adjacent to existing farm structures and the site’s frontage to Upper Pinbarren Creek Road. The
dwelling is located in a cleared area that is currently a paddock for grazing livestock. The proposed
dwelling is single storey and has a maximum height of 7m and comprises 3 bedrooms, 2 bathrooms
and an open planned kitchen, living dining area.

Figures 1- 3 below illustrate the location and design of the proposed dwelling.




Figure 1 - Site plan extract




                                                                                         Page 4 of 19

Page 5

Figure 2 – Floor Plan




Figure 3 – Northeast (road frontage) elevation



Please refer to Appendix A – Proposal Plans for further details in relation to the design and siting of
the proposed dwelling.


3. Background
A search of Council’s online Development Application system has revealed that there are no relevant
approvals associated with the property.

                                                                                           Page 5 of 19

Page 6

4. Site Details
4.1.     Site Description
The subject site is located at 235 Upper Pinbarren Creek Road, Pinbarren described as Lot 272 on
SP321936.

The site has a total area of 42.4711 ha and is an irregular shaped rural allotment that gains access to
Upper Pinbarren Creek Road via a vehicle crossover that is centrally located along the site’s frontage.

The site generally comprises open pastoral land and has historically been used for dairying. There
are existing farm buildings located adjacent to the site’s frontage were established in association
with the dairy that operated at premises.

The topography of the site undulating. A gully and waterway transact the northeast portion of the
site and the waterway runs in a south-easterly direction. The waterway is positioned at a contour of
108m AHD. The southern boundary of the site follows a ridgeline and the highest point is located in
the southwest corner of the site at an elevation of 235m AHD.

Under the Biodiversity, waterways and wetlands overlay mapping, the waterway is mapped to have
an associated riparian buffer area that has a width of 225m affect the existing structures as well the
proposed house site area.

Please refer to Figure 4 below which provide an aerial photograph of the subject site and the
illustrates the extent the riparian buffer area affecting the land.




                                                               House Site




Figure 4 – Aerial Photograph of Subject Site

                                                                                           Page 6 of 19

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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
SEQ Regional Plan

The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan. The proposed dwelling house 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.

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.



6. The Noosa Plan
 6.1.Definitions
The Noosa Plan 2020 defines a Dwelling House as:

Dwelling house means a residential use of premises involving—



                                                                                         Page 7 of 19

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         a) one dwelling for a single household and any domestic outbuildings associated with the
            dwelling; or
         b) one dwelling for a single household, a secondary dwelling and any domestic
            outbuildings associated with either dwelling.


    6.2.Level of Assessment
Table 5.7.1 - Building Work

Pursuant to Table 5.7.2 of the Noosa Plan 2020, the proposed building works are accepted
development subject to the following requirements:-

Table 6.2.1
 Requirements for Accepted Development
 Rural Zone Code
                                          Acceptable outcomes AO2.4, AO7.1, AO7.2, AO7.3, AO8.4,
                                          AO8.5, AO12, AO13 and AO15 of the Rural Zone Code

 Low Density Housing Code
                                          Acceptable Outcomes AO2.1, AO3, AO5.2. AO5.3, AO8,
                                          AO9, AO12, AO13, AO14, AO15, AO16, AO18, AO19, AO21
                                          and AO22 of the Low Density Housing Code


Where not meeting the accepted development provisions, the development becomes code
assessable in accordance with Section 5.3.3(2) of the Noosa Plan 2020.

Section 5.9 Categories of Development and Assessment - Overlays

The site is affected by the following Overlays:
+    Agricultural Land Conservation Overlay
+    Biodiversity, Waterway and Wetlands Overlay
+    Bushfire Hazard Overlay
+    Landslide Hazard Overlay
The proposal will not trigger assessment against any of the overlay codes except for the Biodiversity,
Waterway and Wetlands Overlay in that it will involve development on part of the premises
identified as riparian buffer area on a Biodiversity Overlay Map.
The requirement associated with the Agricultural Land Conservation Overlay mapping are provided
for in the Rural Zone Code.


    6.3.Assessment Benchmarks
The proposed dwelling house is assessable against the following zone and development codes:
    • Rural Zone Code (applicable outcomes)
    • Low Density Housing Code (applicable outcomes)




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An assessment against the key outcomes contained within the applicable codes is provided in Table
6.3.1 below:

 Rural Zone Code
 Performance Outcomes                Acceptable Outcomes                    Compliance
 PO2                                 AO2.4                                  AO2.4 - Performance Outcome
 Development does not result in      No sensitive land use is established
 the loss or diminished productive   closer than 200 metres from land       Areas of land on the adjacent
 capacity of Agricultural Land       on an adjacent property included in    properties are mapped as
 Conservation Area.                  the Rural zone and mapped              Agricultural Land Conservation
                                     as Agricultural Land Conservation      Area and the proposed dwelling
                                     Area as shown in Agricultural Land     is within 200m of this land as
                                     Overlap Maps in schedule 2.            detailed in the figure below




                                                                            The proposed house site is
                                                                            positioned to provide
                                                                            appropriate separation from the
                                                                            adjoining mapped agricultural
                                                                            land in that it is separated by a
                                                                            gazetted road from the mapped
                                                                            land to the northeast and is
                                                                            approximately 185m from the
                                                                            mapped land to the southwest.
                                                                            Overall, the establishment of the
                                                                            proposed dwelling house would
                                                                            not result in a loss or diminish
                                                                            the productive capacity of the
                                                                            Agricultural Land Conservation
                                                                            Areas occurring on the adjacent
                                                                            land in accordance with PO2.

 Building height and scale           AO7.1                                  AO7.1 - Complies
 PO7                                 Buildings are no more than two         The dwelling is single storey in
 Buildings and other structures:     storeys in height.                     height.

 are low rise;                       AO7.2                                  AO7.2 - Complies
                                     With the exception of Class 10         The dwelling has a height of 7m.
 minimise the appearance of bulk     buildings or structures used
 to adjacent properties, roads or    exclusively for a rural
 other areas in the vicinity of      activity, buildings and structures
 the site; and                       are no more than 8 metres
                                     in building height providing that
 respect the scale of                they may be up to 9 metres where
 surrounding vegetation and          the pitched roof but no other part

                                                                                                   Page 9 of 19

Page 10

maximises opportunities to retain   of the building or structure exceeds
existing vegetation on site.        8 metres.

                                    AO7.3                                  AO7.3 - Complies
                                    With the exception of Class 10         The building does not exceed
                                    buildings or structures used           500m2 in area.
                                    exclusively for a rural activity,
                                    individual buildings or roofed
                                    structures do not exceed 500m2

Setbacks
PO8                                 AO8.4                                  AO8.4 - Complies/Performance
Notwithstanding that intensive      In addition to the circumstances of    Outcome
rural activities may need greater   AO8.1, to AO8.3 above, buildings       The proposed dwelling achieves
separation distances, buildings     and structures meet the following      compliant setbacks from the
and other structures are            minimum boundary setbacks:             boundaries of the site. However,
appropriately sited and designed    …                                      the is located within a mapped
to:                                 b) a distance greater than the         riparian buffer area.
                                       width of the riparian buffer area   Notwithstanding, the proposal
                                       on Biodiversity, Waterways          will achieve PO8 as the dwelling
a) avoid environmental harm or
                                       and Wetland Overlay maps;
   nuisance to sensitive land                                              will not cause environmental
                                    c) 10 metres from a road frontage;
   uses, including adverse             and                                 harm or adverse impacts to
   impacts on amenity values,       d) 10 metres from the side and         ecologically important areas of
   over and above what could           rear boundaries…                    the site.
   reasonably be expected in the
   rural zone;

b) avoid adverse impact
   on ecologically important
   areas including National
   Parks, watercourses, and
   wetlands;
                                    AO8.5                                  AO8.5 – Performance Outcome
c) mitigate risks associated with   On properties over 2 hectares in       The proposed dwelling is located
   the use of chemicals or air      area, a distance of not less than      within 200m of adjoining land
   pollutants; and                  200 metres is provided between         that is mapped as an agricultural
                                    a sensitive land use and land on an    land conservation area. While
d) avoid conflict with rural uses   adjacent rural zone property over 4    not achieving the acceptable
   and activities on adjoining      hectares in mapped Agricultural        outcome, it complies with
   properties.                      Land Conservation Area.                Performance Outcome PO4 of
                                                                           the code in that it provides
                                                                           appropriate separation from the
                                                                           land for the reasons outlined in
                                                                           AO4.1 above. Further the
                                                                           adjoining land is used for low
                                                                           intensity agricultural uses and
                                                                           the proposed dwelling would not
                                                                           cause conflicts with the use of
                                                                           this land.

PO12                                AO12                                   AO12 - Complies
Development and                     Development and                        The proposed site works will not
associated site works do not        associated site works, including       exacerbate flooding or overland
directly, indirectly or             filling and excavation are designed    flow issues.
cumulatively cause adverse          and constructed to ensure
impacts external to the             overland flow and/or flooding is


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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                                   AO13 - Not Applicable
                                     Development on land adjoining          The dwelling does not adjoin the
                                     the major road network, Lake           Major Road Network, Lake
                                     Macdonald or the Noosa River           Macdonald or Noosa River.
                                     system minimises visual impacts on
                                     the scenic amenity of the roadway
                                     or waterway by:

                                     sensitive siting and design of
                                     buildings, structures, driveways
                                     and works;

                                     retaining existing vegetation;

                                     incorporating landscape
                                     treatments to visually screen and
                                     soften development; and

                                     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          Access to the dwelling will be
visual amenity quality of hill       other landscape qualities,             achieved via an existing
slopes and ridgelines are retained   buildings, structures and              crossover and access over level
and buildings and structures:        associated accessways are not          land.
                                     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 dwelling is not located on a
   dominating it;                    the uppermost edge of a hill slope:    sloping land or 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



                                                                                                 Page 11 of 19

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c) allow for retention of             c) buildings do not protrude
   natural vegetation that               above the height of
   assists in screening or visually      prevailing vegetation.
   softening development; and
                                      AO15.3                                   AO15.3 - Complies
d) incorporate materials,             Cut or fill is less than 1.5 metres in   The proposed dwelling will not
   finishes and colours that          depth relative to natural ground         require cut or fill greater than
   complement the natural             surface.                                 1.5m in height. This requirement
   setting and integrate with the                                              can be conditioned.
   landscape and skyline.

Low Density Housing Code
Performance Outcomes                  Acceptable Outcomes                      Compliance
Removal homes                         AO2.1                                    AO2.1 - Not Applicable
PO2                                   Any part of a removal home that is
                                      affected by termite attack, borers,
A removal home—                       dry rot or severe weathering or is
a) does not have an adverse           damaged as a consequence of
    impact on the amenity of the      relocation, is repaired or replaced
    premises or surrounding           using new or sound second-hand
    premises; and                     materials.
b) maintains the safety of
    people and property.
Housing choice                        AO3                                      AO3 - Not Applicable
PO3
                                                                               The proposal does not
                                      A secondary dwelling:
                                                                               incorporate a secondary
A secondary dwelling:                 a) has a maximum gross floor
                                                                               dwelling.
a) forms part of a dwelling               area of 65m²;
    house and is not subdivided       b) has no more than 2 bedrooms;
    from the balance of               c) does not occur on any
    the dwelling house;                   property covered by
b) contributes to housing choice          a Building Unit Plan; and
    for members of the
    one household;                    d) does not occur on a property
c) protects the low                      that already contains a dual
    density residential, rural           occupancy or secondary
    residential or rural character       dwelling.
    of the zone;
d) does not occur on a property
    covered by a Building Unit
    Plan or any property already
    containing more than
    one dwelling;
e) is accompanied by sufficient
    car parking.
Service and utilities                 AO5.2                                    AO5.2 - Complies
PO5                                   Where there is no reticulated
                                                                               This requirement can be
Development is provided with:         water supply, the premises is
                                                                               conditioned.
a) a level of infrastructure and      serviced with a rainwater tank with
    services that is appropriate to   the following minimum water
    its setting and sufficient for    supply capacity:
    the intended use;                 a) for dwellings with no more
b) an effluent treatment and              than 3 bedrooms – 45,000
    disposal system that does not         litres; or
    have an adverse effect

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   on ecologically important       b) for dwellings of more than 3
   areas or water quality; and        bedrooms or where including
c) adequate onsite water              a secondary dwelling on the
   storage to support the             same premises – 60,000 litres.
   efficient use of water and is
   adequate for everyday use of                                            AO5.3 - Complies
   the occupants.                  AO5.3                                   This requirement can be
                                   If located on a lot where               conditioned.
                                   reticulated sewerage is not
                                   available to the lot, the dwelling is
                                   connected to an on-site effluent
                                   treatment and disposal system.

Access Design                      AO8.1                                   AO8.1 - Complies
PO8                                Driveways and crossovers are
                                                                           This requirement can be
The design, management and         designed to comply with Council's
                                                                           conditioned.
maintenance of                     standard drawings RS-049, RS-
the access facilitates:            050, RS-056 and addendum as
                                   applicable.
a) safe and convenient use for
   vehicles, pedestrians and       AO8.2
                                   Where a footpath exists, the            AO8.1 - Not Applicable
   cyclists;
b) vehicles negotiating without    driveway meets the road reserve at
   contacting the driveway or      the level of the existing footpath.
   crossover surface; and
                                   AO8.3
c) stormwater disposal without                                             AO8.1 - Complies
                                   Driveways within the property:
   any negative impacts on the
                                   a) have a maximum gradient of           The dwelling is located on
   surrounding area.
                                       20% and vertical curves to          relatively flat land.
                                       ensure no scraping for a
                                       standard vehicle; or
                                   b) have a maximum gradient of
                                       25% provided–
                                        i. the length of the driveway
                                           steeper than 20% does not
                                           exceed 6 metres; and
                                       ii. there is a change in gradient
                                           not less than 2 metres in
                                           length and not greater than
                                           12:5% at the ends of the
                                           25% section of the
                                           driveway.

PO9                                AO9                                     AO9 - Complies
The driveway and crossover         The driveway and crossover is
                                                                           The dwelling will utilise an
design avoids using structures     designed without significant
                                                                           existing crossover to Upper
within the road reserve.           alteration to the existing road
                                                                           Pinbarren Creek Road. A new
                                   reserve whereby the finished
                                                                           driveway to the dwelling will not
                                   surface level of the driveway is
                                                                           require significant alteration to
                                   consistent in height with the
                                                                           the land.
                                   existing height of the road reserve.

Protection of infrastructure       AO12                                    AO12 - Complies
PO12                               Driveways are located not less than     The driveway is not closer than
Driveways do not damage or         1.0 metre from stormwater               1m to stormwater infrastructure.
interfere with the location,       infrastructure.


                                                                                                Page 13 of 19

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function of, or access to Council
infrastructure.

Streetscape and effect on traffic     AO13.1                                AO13.1 - Complies
network                               Areas adjoining driveways             Areas adjoining the driveway will
PO13                                  disturbed as a result of the          not be disturbed.
The visual impact of driveways on     driveway construction are grassed
the streetscape and surrounding       or planted to minimise visual
area is minimised and significant     impact and stabilise the soil.
adverse impacts on the traffic
network are avoided.                  AO13.2                                AO13.2 - Complies
                                      Vehicular access avoids
                                                                            The dwelling will utilise an
                                      disturbance to the tree protection
                                                                            existing crossover to Upper
                                      zone of trees on public land.
                                                                            Pinbarren Creek Road and not
                                                                            disturb vegetation.
Driveway Location                     AO14.1                                AO14.1 - Complies
PO14                                  Only one driveway and crossover is
                                                                            Only one driveway will be
Driveways and crossovers are          provided.
                                                                            provided.
located so they do not impede
the safe and efficient use of the     AO14.2
road network.                         Where the premises                    AO14.2 – Not Applicable
                                      has frontage to more than one
                                      formed and sealed road and the
                                      roads have differing orders in
                                      the Road Hierarchy, the driveway
                                      and cross-over is provided on
                                      the frontage with the lower order.

                                      AO14.3
                                      For corner lots, driveways and        AO14.3 – Not Applicable
                                      crossovers are located in
                                      accordance with Council's standard
                                      drawings.


                                      AO14.4                                AO14.4 – Complies
                                      If in the Rural zone or Rural         The dwelling will utilise an
                                      Residential zone, the driveway and    existing crossover to Upper
                                      cross-over is located to provide      Pinbarren Creek Road.
                                      minimum safe sight distances in
                                      accordance with Austroads.

Bushfire Hazard Management            AO15                                  AO15 - Complies
PO15                                  Within a bushfire hazard area
                                                                            The building is located in a
Where located in a Bushfire           where there is no reticulated water
                                                                            medium potential bushfire area.
Hazard Area as shown on               supply, the premises has:
                                                                            The proposal complies with
the Bushfire Hazard Overlay           a) an accessible dam, swimming
                                                                            AO15 in that there are accessible
Map in Schedule 2 and not in a            pool or water tank available
                                                                            dams and water sources on the
water service area, an adequate,          for firefighting purposes with
                                                                            that have a volume exceeding
reliable, safely located and freely       an onsite water volume of not
                                                                            5000L.
accessible water supply is                less than 5,000 litres; and
provided for fire fighting            b) a water supply outlet pipe 50
purposes, which is in addition to         millimetres in diameter and
day to day water supply.                  fitted with a standard fire
                                          brigade fitting connected to


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                                          the water supply (other than
                                          where the water supply is in a
                                          swimming pool or dam).
Flood Hazards                        AO16.1                                 AO16.1-16.2 - Not Applicable
PO16                                 Where the development is located
                                                                            The building is not located in a
Development is designed and          in the Flood Hazard Area as shown
                                                                            Flood Hazard Area.
sited to ensure risk to people and   on Flood Hazard Overlay Map in
property from flooding is avoided    Schedule 2, the finished floor level
or minimised.                        is at least 300mm above the DFE

                                     Or

                                     AO16.2
                                     Where the DFE has not been model
                                     led for the area, the finished floor
                                     level of habitable rooms is at least
                                     500 millimetres
                                     above the highest recorded flood.


Major Electricity Infrastructure &   AO18.1                                 AO18.1 - Complies
Substations                          Development including any
                                                                            The building is not within
PO18                                 sensitive land uses is at least:
                                                                            proximity of major electricity
Development is sufficiently
                                                                            infrastructure.
separated from major electricity     a) 50 metres from a
infrastructure and substations to       transmission substation;
minimise the likelihood of
nuisance or complaint.               b) 10 metres from any
                                        other substation; and

                                     c) 30 metres from a transmission
                                        line easement.

                                     AO18.2                                 AO18.2. - Complies
                                     Habitable buildings are not located
                                     within an easement for a               The proposal is not located near
                                     distribution line.                     an easement for a distribution
                                                                            line.

Landslide Hazard Area                AO22.1                                 AO22.1 - AO22.4 - Complies
PO22                                 Development, including
                                                                            The dwelling is located outside
Development maintains the            associated access, is not located on
                                                                            of mapped Landslide Hazard
safety of people, property and       land identified as a landslide
                                                                            Areas.
hazardous materials stored in        hazard area on a Landslide Hazard
bulk from the risk of landslide      Overlay Map.

                                     AO22.2
                                     Development, including
                                     associated access, is located
                                     outside moderate, high and very
                                     high landslide hazard areas and
                                     areas with 15% slope or greater, as
                                     determined by a site-specific slope-
                                     analysis.

                                     Editor's Note—A site- specific
                                     geotechnical assessment may be

                                                                                                  Page 15 of 19

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                                   used to demonstrate that although
                                   the proposed development is
                                   shown on the Landslide Hazard
                                   Overlay as being in the moderate,
                                   high or very high landslide hazard
                                   area, the landslide risk is low or
                                   very low.

                                   OR

                                   AO22.3
                                   A site-specific geotechnical
                                   assessment is prepared by a
                                   registered professional engineer to
                                   certify that:
                                   a) the stability of the site,
                                       including associated buildings
                                       and infrastructure, will be
                                       maintained and operational for
                                       the life of the development;
                                   b) the site is not subject to the
                                       risk of landslide activity
                                       originating from other land,
                                       including land above the site;
                                       and
                                   c) development of the site will
                                       not increase the risk of
                                       landslide activity on other land.

                                   Editor's Note— PSP8 Natural
                                   Hazards provides further guidance
                                   on assessing landslide hazard.

                                   AO22.4
                                   Any specific measures identified in
                                   a site specific geotechnical
                                   assessment for stabilising
                                   the site or development are to be
                                   fully implemented.



Biodiversity, Waterways and Wetlands Overlay Code
Performance Outcomes               Acceptable Outcomes                     Compliance
PO1                                AO1.1                                   AO1.1 – Complies
Development is sited and           Ecologically important areas are
designed to protect the physical   conserved or improved to ensure         The proposed dwelling is sited to
and ecological integrity and       their ongoing contribution to the       in a cleared area of the site,
biodiversity of ecologically       natural resources and biological        adjacent to the frontage, and is
important areas through            diversity of Noosa Shire.               well separated from any
protection of:                                                             ecologically important areas
                                   AND                                     pertaining to the site which
c) existing habitat areas                                                  includes waterways and the
   and ecological linkages; and                                            riparian zone, which adjoins and
                                                                           is directly influenced by the
                                                                           waterway.

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c) existing riparian vegetation,
   waterways                        AO1.2                                 AO1.2 – Complies
   and wetland habitat values.      Buildings, structures and             The proposed dwelling is located
                                    associated works are located          in a cleared paddock adjacent to
                                    within existing cleared areas or      the road frontage and existing
                                    areas of lowest ecological value.     farm structures and is
                                                                          considered to be an area of
                                    AND                                   lowest ecological value.

                                    AO1.3
                                    Where constructing a dwelling         AO1.3 – Complies
                                    house or community residence,         The dwelling is located on land
                                    buildings and associated structures   that is not mapped as being an
                                    are not located on land identified    area of biodiversity significance
                                    as an area of biodiversity            on a Biodiversity, Waterways
                                    significance on a Biodiversity,       and Wetlands Overlay Map.
                                    Waterways and Wetlands Overlay
                                    Map.

                                    or

                                    Clearing vegetation (other than for
                                    a driveway access) does not extend
                                    beyond—

                                    a) 30 metres of a
                                       habitable building or 10 metres
                                       of a class 10 structure on lots
                                       greater than 10 hectares; or
                                    b) 10 metres of a
                                       habitable building or class 10
                                       structure on lots 10 hectares or
                                       less but more than 3,000m2; or
                                    c) 3 metres of a
                                       habitable building or class 10
                                       structure on lots 3,000m2 or
                                       less.

PO5                                 AO5                                   AO5 – Complies
Development is designed and         Development is designed and           The proposed dwelling will
operated to maintain and            operated to maintain ecological       ensure that an ecological linkage
enhance connectivity between        linkages and maximise opportunity     can be maintained adjacent the
and across ecologically important   for connectivity and the movement     waterway that has a significant
areas and connecting habitat and    of fauna by:                          width clear of any development.
support unimpeded and safe                                                the location of the dwelling,
movement of terrestrial and         a) ensuring protection of wildlife    being in the northern side of the
aquatic fauna.                         refuges;                           waterway, will also offer a
                                    b) maintaining vegetation in          benefit for the linkage in that it
                                       patches of the greatest possible   will avoid the necessity of a
                                       size and within the smallest       driveway and culvert to cross the
                                       possible edge-to-area ratio;       creek in order to establish a
                                    c) enhancing connectivity through     house site on the southern side
                                       planting and rehabilitation        of the waterway.
                                       works, including across
                                       property boundaries, to areas



                                                                                                Page 17 of 19

Page 18

                                        of national park, state forest or
                                        reserve;
                                     d) avoiding the creation of
                                        physical barriers and safety
                                        hazards (such as roads,
                                        pedestrian access and instream
                                        structures) along and within
                                        the ecological linkage;
                                     e) providing mitigation measures
                                        such as wildlife movement
                                        infrastructure, fauna exclusion
                                        and directional fencing,
                                        underpasses/overpasses and
                                        traffic calming devices, signage
                                        and lighting; and
                                     f) where offsets are necessary,
                                        delivering offsets that support
                                        and enhance ecological
                                        linkages.

PO6                                  AO6.1                                  Overall Outcome
The biodiversity and ecosystem       Development                            The proposed dwelling is located
values of waterways, wetlands        and clearing of vegetation does not    within a riparian buffer area and
and adjacent riparian zones are      occur within:                          consequently does not comply
protected by:                                                               with AO6.1 and PO6. Despite the
                                     a) a riparian buffer area;             non-compliance, it is considered
a) avoiding any new                  b) a wetland area; or                  that the proposal complies with
   development in a riparian         c) 10 metres either side of the        the Overall Outcomes, including
   buffer area and wetland area;        centre line of other waterways      2(b),(c),(d) and (e) of the code
b) retaining aquatic and                identified on a Biodiversity,       for the following reasons:-
   terrestrial habitat in riparian      Waterways and Wetlands               + the dwelling has been
   zones;                               Overlay Map.                             designed and sited in a way
c) maintaining and enhancing                                                     that avoids adverse impacts
   wildlife corridors and            AO6.2                                       on ecologically important
   connectivity along                Development provides for the                areas, ecological systems and
   watercourses and drainage         rehabilitation of land within:              processes in that:
   lines for native fauna                                                        o it is setback
   movement;                         a) a riparian buffer area;                      approximately 52m from
d) avoiding edge effects and         b) a wetland area; and                          the riparian zone
   damage from adjacent land         c) 10 metres either side of the                 associated with the
   uses;                                centre line of any                           waterway;
e) maintaining stream integrity         other waterway identified on             o It is positioned adjacent
   and bank stability by                a Biodiversity, Waterways and                to existing farm
   minimising bank erosion and          Wetlands Overlay Map.                        structures in area of the
   slumping;                                                                         site that has already been
f) maintaining water quality         AO6.3                                           disturbed;
   through filtering sediments,      Recreational facilities (eg.                o will not impact on any
   nutrients and other               playgrounds, pergolas, barbeques)               vegetation;
   pollutants; and                   are setback a minimum of 10             + it will maintain an ecological
g) removing pest species and         metres from the top of the bank of          linkage along the waterway
   replacing them with local         a waterway.                                 and avoid any development
   native species.                                                               such as access driveways
                                                                                 needing to transect the
                                                                                 waterway;



                                                                                                  Page 18 of 19

Page 19

                                                                       + it will maintain and conserve
                                                                         the riparian vegetation along
                                                                         the waterway and linkage in
                                                                         its current form; and
                                                                       + it will maintain an
                                                                         appropriate buffer to the
                                                                         waterway.




7. 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.

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 19 of 19

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