Delegated Report - Code - Planning MCU21 0024

Author	Development Consultant
Manager	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0024
Applicant	Douglas Carl Pearson Sarah Jane Pearson
Proposal	Material Change of Use - Dwelling house
Properly Made Date	15 February 2021
Information Request Date	15 March 2021
Information Response Date	15 April 2021
Decision Due Date	25 May 2021
Report Completed Date	24 May 2021

PROPERTY DETAILS
Property Address	327 Kinmond Creek Rd Cootharaba Qld 4565
RP Description	Lot 1 RP 184574
Land Area	33.180ha
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Overlays	Biodiversity, Waterways and Wetlands Overlay – Biodiversity Bushfire Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks a Material Change of Use for a Dwelling house and associated garage and carport. The application is triggered as the site is affected by the Biodiversity, Waterways and Wetlands Overlay and the proposal seeks to clear vegetation within the overlay for the dwelling house. The application also requires assessment against the provisions for Agricultural Land Conservation Area (ALCA) embedded within the Rural Zone Code as the dwelling (sensitive land use) is proposed within 200m of the neighbouring ALCA.
The applicant seeks to clear a maximum of 24m around the dwelling house in accordance with a submitted Bushfire Attack Level Assessment to provide for bushfire safety.
The applicant has provided the following reports in support of the proposal:
Flora Trigger Assessment Report prepared by Green Tape Solutions
Ecological Assessment Report prepared by Green Tape Solutions
Bushfire Attack Level Assessment prepared by Green Tape Solutions
The locality plan, proposal plans, and clearing plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevation and 3D perspective

Figure 5 – Clearing plan
site details
Site Description
The land is generally fully vegetated with higher ground toward the centre northern part of the lot. The vegetation is predominately Gympie Messmates open forest with other species including bloodwood, brush wood, turpentine and grey gum.
Surrounding Land Uses
The lot to the west is open pasture for horse agistment and horticulture (Macadamias) to the south. The general area is dominated by grazing to the north and west and natural vegetation communities to the south east.
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 Residential Housing Code; and
Biodiversity, Waterways and Wetland Overlay 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 because of the overlay triggered assessment.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Rural Zone Code
The code seeks that sensitive land uses are setback no less than 200m from Agricultural Land Conservation Area (ALCA). In this instance the dwelling is setback approximately 40m. The subject lot is narrow for a rural lot and while the dwelling could be moved slightly further away from ALCA, this would require the removal of additional vegetation and the siting of the dwelling within a more ecological important area of the lot, which is not preferable. The neighbouring ALCA is on a relatively small rural lot used for horses with the separation distance between uses being vegetated. In this instance the proposed siting will not result in a loss of productive ALCA because the separation distance consists of good quality protected vegetation which will provide a buffer between uses.
Biodiversity, Waterway and Wetlands Overlay Code and the Bushfire Hazard Overlay Code
The proposal seeks to clear between 16m and 24m from the dwelling to achieve a maximum setback of a radiant heat flux of 29kW\m² from hazardous vegetation. The applicant proposes to retain some Gympie messmates within that area as they are a low bushfire hazard vegetation type due to the due to their durability class, persistent bark type and lack of lower foliage. The applicant has provided Flora Trigger Assessment Report and Ecological Assessment Report. Council’s Environment Officer has inspected the site and confirmed these reports are reasonable.
In terms of vegetation clearing, the garage and carport are located quite separate from the dwelling, the garage is within the 16m-24m clearing zone, but the carport is proposed a further 13m away from the garage outside the dwelling clearing zone. There is some concern that the development has not minimised the overall footprint to reduce the extent of clearing. However, the Bushfire clearing plan does not indicate any clearing of vegetation for the carport, except for 1 tree.  Given the materials used for the carport and its separation from the dwelling house, limited clearing is proposed (1 tree) for this structure as a Bushfire Attack Level rating is not necessary under the Building Code. A condition is included for the development to comply with the Bushfire Attack Level Assessment report which concludes that clearing is not required for these structures.
Given the site is fully vegetated, it is considered the proposal complies with the Performance Outcomes of the Code as the structures are sited within the most least ecological value area of the lot and that clearing is not removing any of the critically endangered species Rhodamnia rubescens which has been found onsite, and the footprint and construction materials are minimising the clearing of vegetation.
Conditions are included that require a spotter catcher to oversee the clearing.
In terms of bushfire, the Bushfire Overlay Code AO7 seeks a BAL of 29 as per AS3959:2018 Construction of buildings in bushfire-prone areas. The applicant has provided the required extent of clearing for bushfire purposes which is between 16m and 24m around the dwelling house to achieve this rating. This extent of clearing provides a BAL 29 which is indicated in the submitted Bushfire Attack Level Assessment report is equivalent to a setback of a radiant heat flux of 29kW\m² from hazardous vegetation. No clearing is required for the carport (except for 1 tree) and the garage is within the clearing footprint of the dwelling house. Given the above, the proposal meets PO7 of the Bushfire Overlay Code as the proposal minimises bushfire risk to people and property.
Koala Habitat
The Planning Regulation 2017, Schedule 10 states that development that interferes with koala habitat is either exempted development or assessable development. It is considered that based on the information provided with the application material, the proposed clearing for a dwelling house, associated structures and infrastructure and firebreaks is considered exempted development as defined in Schedule 24 of the Planning Regulation 2017 (Planning Regulation), and is therefore did not require referral to the State Assessment and Referral Agency.

cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environment Officer, Development Assessment
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 MCU21/0024  for a Material Change of Use - Dwelling house situated at 327 Kinmond Creek Rd Cootharaba Qld 4565 and described as Lot 1 RP 184574, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0024
Street address:	327 Kinmond Creek Rd Cootharaba Qld 4565
Real property description:	Lot 1 RP 184574
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A103	H	Site Plan (partial), prepared by WD Architects	02/03/2021
A300	H	Ground Floor Plan – House, prepared by WD Architects	02/03/2021
A380	H	Roof Plan, prepared by WD Architects	02/03/2021
A400	H	Sections, prepared by WD Architects	02/03/2021
A500	H	Elevations, prepared by WD Architects	02/03/2021
A501	H	Elevations, prepared by WD Architects	02/03/2021
	Version A	Bushfire Attack Level Assessment for 237 Kinmond Creek Road, Cootharaba, prepared by green Tape Solutions	5/08/2020
Building Height
The maximum height of the development must not exceed 8 metres above ground level, except for the pitch of the roof, which may be a maximum of 9 metres above ground level.
Currency Period
This development approval lapses if the use has not happened by 25 May 2027, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Vegetation Clearing
Council must be contacted at least 5 working days prior to any works commencing to organise a prestart. The contact number to arrange a pre-start meeting is 5329 6500. The pre-start meeting must include the relevant parties and aspects of the works:
Clearing of vegetation;
All vegetation to be removed must be clearly marked;
Any trees proposed to be removed for the driveway must be clearly marked;
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling house. In this regard, the removal of vegetation must be in accordance with Figure 2: Bushfire Attack Level Map and Section 4 of the Bushfire Attack Level Assessment Version A prepared by Green Tape Solution and dated 5/08/2020 to achieve a setback to hazardous vegetation of a radiant heat flux of no less than 29kW\m².
Fauna or fauna habitat relating to approved clearing works must be managed by a qualified person*.
*(Refer to Advisory Note)
Vegetation removal and management must:
Retain old growth tree hollows and suitably relocate and distribute for fauna elsewhere on the site.
Lawful disposal of vegetative material.
Allow for existing ground flora to be translocated to suitable landscaping and rehabilitation areas.
Conclude with the area being stabilised against erosion.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
The primary access driveway must be from Richards road and weave between vegetation to retain mature trees.
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.
Bushfire Hazard
The development must be undertaken in accordance with the Bushfire Attack Level Assessment for 327 Kinmond Creek Road, Cootharaba, Version 1, prepared by Green Tape solutions and dated 5/08/2020 to achieve a setback to hazardous vegetation of a radiant heat flux of no less than 29kW\m².
The development must have water tank available for firefighting purposes with an onsite water volume of not less than 5,000 litres
The development must have a water supply outlet pipe 50 millimetres in diameter fitted with a standard fire brigade fitting connected to the water supply (other than where the water supply is in a swimming pool).
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
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:
PLANNING
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
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
Qualified Person
A Qualified Person for the purpose of managing Fauna protection is considered to be a certified Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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