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TOWN PLANNING » DEVELOPMENT MANAGEMENT

DEVELOPMENT APPLICATION
MATERIAL CHANGE OF USE FOR
A DWELLING HOUSE AND RURAL
WORKERS’ ACCOMMODATION

42 LUKES ROAD, COOROY MOUNTAIN
LOT 77 ON MCH546

PREPARED FOR:
aN al PO tO] Ms] dad

JUNE 2022

 
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Page 2

CONTENTS

SUMMARY                                                                            3
  1.1 EXECUTIVE SUMMARY                                                            3
   1.2 DEVELOPMENT APPLICATION DETAILS                                              3
   1.3 PLANNING INSTRUMENT DETAILS                                                  3
   1.4 REFERRAL AGENCIES                                                            4
   1.5 PRE LODGEMENT MEETING                                                        4

SITE DETAILS                                                                       5
   2.1 SITE DESCRIPTION                                                            5

PROPOSED DEVELOPMENT DETAILS                                                       6

STATE PLANNING INTERESTS                                                           9
   4.1 STATE PLANNING POLICY (SPP)                                                 9
   4.2 REGIONAL PLAN                                                                9
   4.3 STATE REFERRAL                                                               9
   4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)                               9
   4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION                                9

PLANNING ASSESSMENT                                                               10
   5.1 PROPOSED USE                                                               10
   5.2 TABLE OF ASSESSMENT                                                         11
   5.3 PLANNING SCHEME CODES                                                       11
      5.3.1 RURAL ZONE CODE                                                        11
      5.3.2 LOW DENSITY HOUSING CODE                                               16
      5.3.3 CARETAKERS’ ACCOMMODATION,      DWELLING    UNIT   AND   RURAL   WORKERS’
      ACCOMMODATION CODE                                                          17
      5.3.4 EARTHWORKS CODE                                                        17
   5.4 PLANNING SCHEME OVERLAYS                                                    18

SUPPORTING INFORMATION                                                            21

CONCLUSION                                                                        22




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1.0 SUMMARY
1.1 EXECUTIVE SUMMARY

The subject land is located at 42 Lukes Road, Cooroy Mountain. The subject land is located in the
Rural zone.

The applicant is applying for a Development Permit for a Material Change of Use for a Dwelling House
and Rural Workers’ Accommodation. The site currently contains an existing dwelling house and
associated structures, which will be retained to accommodate the proposed Rural Workers’
Accommodation. The proposed new Dwelling House will be located in the north-western corner of the
site.

The applicant has consulted experts in building design, landscape design, geotechnical, and effluent
disposal. Specialist reports and plans are attached and confirm that the proposed development
complies with local planning scheme codes and State regulations, with suitable alternative solutions
provided, where required, to satisfy all performance-based outcomes being sought.

1.2 DEVELOPMENT APPLICATION DETAILS
Table 1: Site & Proposal Details


 Proposed Development:             Dwelling House and Rural Workers’ Accommodation
 Type of approval sought:          Development Permit for Material Change of Use
 Site Address:                     42 Lukes Road, Cooroy Mountain
 Real Property Description:        Lot 77 on MCH546
 Site Area:                        43.1965ha
 Assessment Manager:               Noosa Council
 Owner Details:                    Jane Margaret Blake
 Applicant Details:                Jane and Cameron Blake

1.3 PLANNING INSTRUMENT DETAILS
Table 2: Planning Instrument


 Planning Scheme:                   Noosa Plan 2020
 Zone:                              Rural
 Local Plan:                        Not applicable
 Level of Assessment:               Code
 Applicable Overlays:               ● Agricultural land (agricultural land conservation area)
                                    ● Biodiversity, waterways and wetlands (MSES environmental
                                        values, area of biodiversity significance, waterways, MSES
                                        regulated vegetation - intersecting a watercourse, MSES
                                        regulated vegetation - Category R GBR riverine, riparian
                                        buffer area)
                                    ● Bushfire hazard (medium potential bushfire intensity, potential
                                        impact buffer)
                                    ● Flood hazard (waterways)
                                    ● Landslide hazard (moderate hazard area, high hazard area)
                                    ● Regional infrastructure (water resource catchment, water
                                        supply buffer area)




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1.4 REFERRAL AGENCIES
Table 3: Referrals


 State Assessment      Referral   Not applicable
 Agency:

1.5 PRE LODGEMENT MEETING

No Prelodgement Meeting was held with Council or SARA for this application.




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2.0 SITE DETAILS
2.1 SITE DESCRIPTION

The subject land is legally described as Lot 77 on MCH546 at 42 Lukes Road, Cooroy Mountain, and
has a total site area of 43.1965ha.

Table 4: Site Characteristics


      Site Characteristic                                         Description
 Existing land use:                    The site is currently occupied by a dwelling house and associated
                                       structures, which will be retained as part of the proposed
                                       development.
 Parking and access:                   There is an existing access point to Lukes Road. Access to the site
                                       will be maintained. A new driveway is proposed to service the
                                       proposed new Dwelling House.
 Topography:                           Undulating.

 Infrastructure:                       Water and sewer are not available to the property. On-site effluent
                                       disposal and water tanks will be provided to service the proposed
                                       development. The site can be connected to electrical and
                                       telecommunications services.




                                Figure 1: Aerial photo of site (Nearmap, accessed March 2022)




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3.0 PROPOSED DEVELOPMENT DETAILS
This application seeks a Development Permit for a Material Change of Use of premises to establish a
Dwelling House and Rural Workers’ Accommodation in accordance with the attached Proposal Plans
prepared by Aboda Design Group.

3.1 BUILT FORM

The development proposes a new Dwelling House in the north-western corner of the site. Refer to
Figure 2 below. The Lower Level comprises a four bay garage, laundry, mud room, cellar, cold room,
two bedrooms, a change/wet room, an ensuite, a master bedroom wing incorporating an expansive
walk-in-robe and ensuite, a gym, pool, spa, steam room, games room/bar, cinema, and several terrace
areas. The Main Level comprises three bedrooms each with their own ensuite and walk-in robe, two
studies, a family room, dining, kitchen with butlers pantry, living room, and expansive outdoor areas
in the form of a deck, pool and pool hours and terrace areas. Access between levels is provided via a
lift or stair access.

It is proposed to retain the existing dwelling house and convert the building to Rural Workers’
Accommodation. The existing dwelling house comprises a master bedroom with a walk-in-robe and
ensuite, 4 bedrooms, living, dining, kitchen, powder room, bathroom, family room, office, laundry, two
bay garage plus a workshop. See Figure 3 below. The proposal also seeks to retain the existing shed
and outbuildings. The existing shed will be refurbished. Building materials and finishes are shown in
the attached Elevation Plans and perspective images.

In addition, it is proposed to include a new horse arena, stables, shed and cattle crush/loading area to
the east of the proposed Rural Workers’ Accommodation to complement the existing rural uses over
the site. The whole site master plan vision seeks to deliver a productive farming operation.




                          Figure 2: Perspective view of proposed Dwelling House




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        Figure 3: Floor plan of existing dwelling house to be converted to Rural Workers’ Accommodation
                                      (Realestate.com.au, accessed April 2022)

The proposal results in a total gross floor area of 1,293.37m2, which is broken down as follows:

    ●    Rural workers’ accommodation: 340.14m2;
    ●    New dwelling house: 953.23m2.

The total site cover all of built form (Dwelling House, Rural Workers’ Accommodation, new and
existing sheds, and new stables) is 0.55%. The proposed plot ratio is 0.003:1.

3.2 PROPOSED OPERATION

The existing dwelling house will be converted to Rural Workers’ Accommodation, and will house a
maximum of ten workers. The proposed accommodation is necessary to support the existing rural
uses over the site and will improve the rural productivity of the land.

3.3 ACCESS AND PARKING

The existing driveway will be maintained, and a new driveway is proposed to link to the existing
driveway and provide separate access to the new Dwelling House. A new gatehouse is proposed to
identify access to the site.

Table 9.4.1.4 of the Driveways and Parking code requires for the following minimum car parking rates:

    ●    Rural Workers’ Accommodation: 1 space per dwelling;
    ●    Dwelling House: 2 covered spaces.

The existing dwelling house contains a double garage, which is suitable for the Rural Workers’
Accommodation parking requirements. The proposed new Dwelling House contains a four bay garage,
which exceeds the minimum required car parking rate.




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3.4 LANDSCAPING

Established vegetation will be maintained. New landscaping will be provided to complement the
proposed development in accordance with a rural landscape master plan currently being developed by
Conlon Group Landscape Architects.

3.5 INFRASTRUCTURE AND SERVICES

Waste collection will be provided as per previous arrangements.

The site can be connected to electrical and telecommunications. The existing water tank and effluent
disposal area is sufficient to service the proposed development. An On-site effluent disposal report will
be prepared by Australian Soil Investigations and their site inspection has confirmed that the site has
amble area to effectively treat sewerage onsite in accordance with Council requirements.




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4.0 STATE PLANNING INTERESTS
The Planning Act 2016 provides the framework and process of planning instruments and processes for
development applications. The following planning instruments have been considered in this application
and are discussed in further detail below in the State Planning Policy (SPP); South East Queensland
(SEQ) Regional Plan; State referral requirements; State development assessment provisions (SDAP);
and Schedules 10 and 11 of the Planning Regulation.

4.1 STATE PLANNING POLICY (SPP)

Part E of the State Planning Policy provides a comprehensive review of the State interests, the related
policies and assessment benchmarks under five broad themes. Section 2.1 of the Noosa Plan 2020
confirms it integrates the provisions of the State Planning Policy into the Planning Scheme. No further
assessment is required.

4.2 REGIONAL PLAN

Section 2.2 of the Noosa Plan 2020 confirms it appropriately advances the SEQ Regional Plan. No
further assessment is required. The subject site is ideally located within the Regional Landscape and
Rural Production Area under the SEQ Regional Plan.

4.3 STATE REFERRAL

Referral to State Assessment Referral Agency (SARA) is not required.

4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)

State Development Assessment Provisions (SDAP) includes a series of benchmarks in which SARA will
assess an application against. In accordance with section 4.3 above, no referral is required as part of
this application.

4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION

A review of Schedule 10 of the Planning Regulation confirms that the proposed development is not
prohibited development.

A review of Schedule 11 of the Planning Regulation provides assessment benchmarks in relation to
koala habitat in the SEQ Region where for development on premises in a koala priority area not
interfering with koala habitat and for development in an identified koala broad-hectare area. The site
is mapped as containing koala habitat but does not contain broad hectare area, and the assessment
benchmarks are therefore not applicable to this development.




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5.0 PLANNING ASSESSMENT
Under the Noosa Plan 2020, the site is within the Rural Zone. Refer to the zoning map extract below
in Figure 4.




                     Figure 4: Zone Map Extract (Noosa Council, accessed April 2022)


5.1 PROPOSED USE

Under the Noosa Plan 2020, the proposed development is defined as:

   Dwelling house means a residential use of premises involving—

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

   Rural workers’ accommodation means the use of premises as accommodation, whether
   or not self-contained, for employees of a rural use, if—

       1. the premises, and the premises where the rural use is carried out, are owned by the
          same person; and
       2. the employees are not non-resident workers.

Comment: The proposal is considered to be in accordance with the above definitions. Both the
dwelling house and rural workers’ accommodation are needed to support the productive rural capacity
of the land and foster the agricultural productivity of the land.




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5.2 TABLE OF ASSESSMENT

Under the relevant table of assessment for the Rural Zone, the proposed use is subject to code
assessment. The proposed development is required to be assessed against the following codes:

    ●   Rural Zone Code;
    ●   Low Density Housing Code;
    ●   Caretaker’s Accommodation, Dwelling Unit and Rural Workers’ Accommodation Code;
    ●   Works Codes.

The proposal has been assessed against the Acceptable Outcomes and Performance Outcomes of the
above codes and is considered compliant. Where the proposal does not comply with an Acceptable
Outcome, alternative solutions to satisfy the corresponding Performance Outcome have been provided
in section 5.3 below.

5.3 PLANNING SCHEME CODES

A review of the relevant planning scheme codes has been undertaken which confirms the proposed
development complies with most Acceptable Outcomes of the relevant codes. Where the proposal
does not comply with the Acceptable Outcomes of the codes, the below provides alternate solutions to
satisfy the corresponding Performance Outcome.

The assessment of the proposed development against the Noosa Plan 2020 has determined that there
are no planning scheme conflicts.

Refer below alternate solutions adopted for the primary codes applicable to the proposed
development.

5.3.1 RURAL ZONE CODE

The purpose of the Rural zone is to:

    (a) provide for rural uses and activities; and
    (b) provide for other uses and activities that are compatible with:
                    1. existing and future rural uses and activities; and
                    2. the character and environmental features of the zone; and
    (c) maintain the capacity of land for rural uses and activities by protecting and managing
    significant natural resources and processes.

Comment: The proposal is considered a consistent use within the Rural zone. The proposal is for a
new primary dwelling house and to convert the existing dwelling house to accommodate workers to
complement the rural use of the land.

The relevant overall outcomes for the zone are outlined below:


                Overall Outcome                                       Comment

 (b) The viability of existing and future rural     The proposal seeks to retain the existing rural
 activities is protected from the intrusion of      use of the site. The proposal seeks to include
 incompatible uses.                                 accommodation for workers which complement
                                                    the productive rural use of the site.

 (c) Areas for primary production are conserved     The proposed development is for a new primary
 and lot fragmentation is avoided.                  Dwelling   House    and     Rural    Workers’
                                                    Accommodation to support an existing rural



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                                                     activity and complement the intent to conserve
                                                     existing agricultural land. It is intended to
                                                     maintain and support the existing agricultural/
                                                     rural uses of the site. We note that AO1.1 of the
                                                     Low Density Housing Code anticipates dwelling
                                                     houses in the Rural zone. The site considers the
                                                     existing ecological and bushfire constraints, and
                                                     has been appropriately sited to avoid such areas.

 (e) Rural activities embrace sustainable land       The proposal includes a new family dwelling
 management practices and contribute to the          house plus accommodation for workers which
 amenity and landscape of the area. Livestock        complements the existing rural uses on the site.
 enterprises are predominantly pasture fed, free
 range operations.

 (n) Development is reflective of, and sensitively   The proposal considers and responds to the
 responds to, the environmental constraints of       existing site overlays. The site is outside of
 the land.                                           mapped environmental and bushfire areas.

                                                     A Slope Stability Assessment has been prepared
                                                     by Tectonic and is attached in response to the
                                                     mapped landslide hazard overlay. The letter
                                                     confirms the proposed new Dwelling House is
                                                     Low Risk of slope instability.

                                                     The new Dwelling House is also within the
                                                     mapped Good Quality Ag Land overlay, but
                                                     within the higher land on the site which is not
                                                     suitable for grazing. The Rural Workers’
                                                     Accommodation is located within the existing
                                                     building. The new ancillary farming uses are
                                                     appropriately cited.

 (o) Natural features such as creeks, gullies,       The proposed new built form is located outside
 waterways, wetlands and vegetated hillslopes        of mapped natural features.           Sufficient
 and ridgelines are retained, managed and            separation is proposed to mapped features.
 enhanced where possible.

 (p) Development maintains and enhances the          A Landscape Plan is currently being prepared by
 significant scenic and landscape values of the      Conlon Group Landscape Architects for the
 area. The built form of development integrates      proposed development and will be provided
 with and complements the rural character            under separate cover.
 intended for the zone and sensitively responds
 to the landscape.

The proposal has been assessed against the Rural zone code. The following non-compliances are
addressed in the table below.


    Performance Outcome                Acceptable Outcome                       Response

 PO2                               AO2.4                             The adjoining sites to the west
 Development does not result in    No sensitive land use is          are included in the Rural zone
 the     loss   or   diminished    established closer than 200       and are mapped as Agricultural
 productive      capacity     of   metres from land on an            Land Conservation Area. The
 Agricultural Land Conservation    adjacent property included in     proposed new Dwelling House




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Area.                             the Rural zone and mapped as        is located less than 200m from
                                  Agricultural Land Conservation      these common boundaries. The
Editor’s Note—Agricultural Land   Area as shown in Agricultural       subject site intends to maintain
Conservation Areas are shown      Land Overlap Maps in schedule       existing rural land uses and
on the Agricultural Land          2.                                  proposed                 workers
Overlay Maps in Schedule 2                                            accommodation and a primary
                                                                      dwelling house to complement
                                                                      the existing use of the site. The
                                                                      proposal is not considered to
                                                                      result in the loss or diminished
                                                                      productive       capacity      of
                                                                      Agricultural Land Conservation
                                                                      Area.        The        proposal
                                                                      complements the intent of the
                                                                      overall zone.

Building height and scale         AO7.3                               The proposal results in a total
PO7                               With the exception of Class 10      gross floor area of 1,293.37m2,
Buildings and other structures:   buildings or structures used        which is broken down as
1. are low rise;                  exclusively for a rural activity,   follows:
2. minimise the appearance of     individual buildings or roofed
   bulk to adjacent properties,   structures do not exceed             ●   Rural           workers’
   roads or other areas in the    500m2 gross floor area.                  accommodation:
   vicinity of the site; and                                               340.14m2;
                                  AO7.6                                ●   New    dwelling  house:
3. respect the scale of           Where excavation is required,            953.23m2.
   surrounding vegetation and     the maximum portion of the
   maximises opportunities to     exposed external façade of the      The total site cover all of built
   retain existing vegetation     building cannot exceed the          form (Dwelling House, Rural
   on site.                       respective building heights in      Workers’ Accommodation, new
                                  AO1.1, AO.2, AO7.3, AO7.4 and       and existing sheds, and new
                                  AO7.5 above.                        stables)   is    0.55%.      The
                                  Editor's note—refer to figure       proposed plot ratio is 0.003:1.
                                  AP3-13A
                                                                      The proposal presents as low
                                                                      rise built form with a height of
                                                                      less than 8 metres. The
                                                                      proposal        is       setback
                                                                      approximately 226m from the
                                                                      Lukes        Road      frontage,
                                                                      minimising the appearance of
                                                                      bulk to the street. The proposal
                                                                      also achieves setbacks of 94m
                                                                      (from the dwelling house and
                                                                      72m from the tennis court) to
                                                                      the north-western property and
                                                                      81m to the western boundary
                                                                      of the adjoining properties.

                                                                      The proposal is located within a
                                                                      cleared area on the site, and is
                                                                      located a sufficient distance
                                                                      from mapped environmental
                                                                      constraints. The proposal is
                                                                      considered compliant with PO7.




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PO8                                   AO8.4                               Complies with PO8
Notwithstanding that intensive        In      addition   to     the       The proposed new farm shed is
rural activities may need             circumstances of AO8.1, to          setback approximately 20m
greater separation distances,         AO8.3 above, buildings and          from the Lukes Road frontage.
buildings and other structures        structures meet the following       The proposed new shed is
are appropriately sited and           minimum boundary setbacks:          setback behind existing mature
designed to:                                                              vegetation in the road reserve,
                                      1. 20 metres from a property        which can be maintained to
1. avoid environmental harm
                                         boundary of adjoining land       screen the built form. The
    or nuisance to sensitive
                                         in   the     Environmental       proposal is located outside of
    land      uses,   including
                                         management             and       mapped            environmental
    adverse      impacts     on
                                         conservation zone;               constraints and seeks to
    amenity values, over and
    above       what      could       2. a distance greater than the      preserve     existing     natural
    reasonably be expected in            width of the riparian buffer     features. The closest sensitive
    the rural zone;                      area shown on Biodiversity,      land     use       is     located
                                         Waterways and Wetland            approximately 395m to the
2. avoid adverse impact on
                                         Overlay maps;                    north-west of the site. The
   ecologically    important
   areas including National           3. 10 metres from a road            proposed horse arena is
   Parks, watercourses, and              frontage; and                    located    106m       from    the
   wetlands;                          4. 10 metres from the side          south-eastern waterway and
                                         and rear boundaries or 6         100m from the southern
3. mitigate risks associated                                              waterway.
   with the use of chemicals             metres where the lot area
   or air pollutants; and                does not exceed 1 hectare,
                                         with the exception that if
4. avoid conflict with rural
                                         the height of the building
   uses and activities on
                                         or structure exceeds 9
   adjoining properties.
                                         metres the setback to the
                                         side and rear boundaries is
Editor's note- For uses that are         equal to twice its height in
subject to impact assessment,            metres.
required        setback        and
separation distances will vary                                            Complies with PO8
with the scale and type of rural      AO8.5                               The proposal achieves setbacks
activity. Relevant factors that       On properties over 2 hectares       of 94m (from the dwelling
will be taken into account when       in area, a distance of not less     house and 72m from the tennis
determining            appropriate    than 200 metres is provided         court) to the north-western
distances include the type and        between a sensitive land use        property and 81m to the
scale     of     buildings     and    and land on an adjacent rural       western boundary of the
structures proposed, the use of       zone property over 4 hectares       adjoining properties. Dwelling
buildings      and      structures,   in mapped Agricultural Land         houses are anticipated in the
construction methods, level of        Conservation Area.                  Rural zone, and the proposal is
containment and ventilation,                                              considered to be suitably
potential noise, odour or air                                             located to avoid adverse
pollutant nuisance, topography,                                           impacts on existing mapped
climatic     variables,    existing                                       ecological constraints and is
vegetation between land uses,                                             located within an existing
and a range of management                                                 building and within the highest
practices that can be employed                                            elevations of the site to which
to mitigate off-site impacts.                                             is the least productive land for
                                                                          grazing purposes.


Sloping sites and ridgelines          AO15.1                              Partially    complies    with
PO15                                  To protect scenic amenity and       PO15 / OO(p)
The landscape character and           other    landscape     qualities,   Please refer to the attached
visual amenity quality of hill        buildings,    structures     and    Geotechnical     Investigation




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slopes and ridgelines are          associated accessways are not          prepared by Tectonic, which
retained and buildings and         constructed on land with a             confirms Low Risk of slope
structures:                        slope greater than 25%.                instability. The proposed new
        1. are          visually                                          Dwelling House has been cut
            responsive to the      AO15.2                                 into the slope such that the
            natural topography     On sloping sites or on                 proposal does not result in
            of the site, sitting   ridgelines at the uppermost            dominance of the built form,
            within           the   edge of a hill slope:                  and integrates with the rural
            landscape    rather             1. roof      lines     are    character of the zone.
            than dominating it;                generally       parallel
        2. step down slopes                    with contours of           The road frontage setback to
           or use suspended                    the land;                  the Dwelling House is 226m,
           floor construction,              2. roofs   do      not        and this further reduces the
           minimising cut and                  exceed a pitch of          impact of built form when
           fill and avoiding                   15 degrees; and            viewed from the street.
           benching of the                  3. buildings do not
           site;                                                          As detailed in the site
                                                 protrude above the       elevations and sections, a
        3. allow for retention                   height of prevailing     whole storey of the dwelling
           of            natural                 vegetation.              house is located below the
           vegetation       that   Editor's note- refer to Figure         natural ground level leaving
           assists in screening    6.9.1A and Figure 6.9.1B. and          <500m2 of house visible from
           or           visually   Figure AP3-3B.                         surrounding areas.
           softening               AO15.3
           development; and        Cut or fill is less than 1.5           No vegetation clearing is
        4. incorporate             metres in depth relative to            proposed, which allows for
           materials, finishes     natural ground surface.                natural vegetated screening
           and colours that        Editor’s Note— On visually             opportunities to soften the
           complement      the     prominent       hill slopes or         development. The Elevation
           natural setting and     ridgelines residential buildings       Plans and 3D imagery provides
           integrate with the      should      be      predominantly      indicative building materials,
           landscape       and     finished     in     colours    and     finishes and colours, which are
           skyline.                materials that blend well with         considered to complement the
                                   the colours and hues of the            natural setting.
                                   surrounding vegetation and
                                   landscape without causing              A rural landscape master plan
                                   glare or reflection. Broad             is currently being prepared by
                                   expanses of a single colour are        Conlon      Group    Landscape
                                   less desirable and where               Architects to integrate the
                                   possible should be broken up           house, caretakers’ residence,
                                   by other colours or design             contours and rural productivity
                                   elements. Shades in the violet,        of the land.
                                   blue, green and yellow-green
                                   side of the spectrum, as well as
                                   greys or browns, should be
                                   appropriate with whites or
                                   bright colours restricted to
                                   trimmings.
                                   For     agricultural     buildings,
                                   colours and textures that blend
                                   with the natural setting are
                                   preferred however if not
                                   practical, buildings should at
                                   least be well maintained and/or
                                   visually screened.




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5.3.2 LOW DENSITY HOUSING CODE

The purpose of the Low density housing code is to ensure dwelling houses, community residences,
rooming accommodation and short term accommodation (where no more than one detached dwelling
on the site);

              1.   are appropriately located;
              2.   achieve a high level of comfort and amenity for occupants;
              3.   maintain amenity and privacy of neighbouring residential premises; and
              4.   are compatible with the character and streetscape of the local area.

Comment: The proposed development seeks to protect the existing environmental and landscape
values by siting the development outside of mapped areas.

The proposal has been assessed against the code and is considered to achieve compliance with the
exception of AO14.1, AO22.1, and AO22.2, which are addressed below.


    Performance Outcome                 Acceptable Outcome                      Response

 PO14                               AO14.1                            Complies with PO14
 Driveways and crossovers are       Only    one     driveway   and    Two driveways are proposed.
 located so they do not impede      crossover is provided.            The existing driveway will be
 the safe and efficient use of                                        maintained,    and    will    be
 the road network.                                                    extended to the south then
                                                                      west to service the new
                                                                      dwelling house. The proposed
                                                                      extension has been considered
                                                                      from a geotechnical standpoint
                                                                      and is considered the most
                                                                      suitable    arrangement       to
                                                                      maintain Low Risk of instability.
                                                                      A new ‘machinery’ driveway
                                                                      entry is proposed to the
                                                                      south-east of the existing
                                                                      driveway and will service the
                                                                      proposed new machinery shed,
                                                                      and allows vehicles to enter
                                                                      and exit the site in a forward
                                                                      motion. Two driveways for such
                                                                      a     large  productive    rural
                                                                      property     is     not       an
                                                                      unreasonable     request    and
                                                                      would improve the safety and
                                                                      efficient use of the existing
                                                                      road network.

 PO22                               AO22.1                            Complies with PO22
 Development maintains the          Development,          including   The proposed new shed,
 safety of people, property and     associated access, is not         outbuildings and horse arena
 hazardous materials stored in      located on land identified as a   are located outside of mapped
 bulk from the risk of landslide.   landslide hazard area on a        areas. The proposed new
                                    Landslide Hazard Overlay Map.     Dwelling House and associated
                                                                      access are within mapped
                                                                      areas.    A   Slope    Stability
                                                                      Assessment     prepared      by




                                                                                                     16

Page 17

                                     AO22.2                               Tectonic confirms the proposal
                                     Development,            including    results      in Low Risk of
                                     associated access, is located        instability.
                                     outside moderate, high and
                                     very high landslide hazard
                                     areas and areas with 15%
                                     slope or greater, as determined
                                     by         a         site-specific
                                     slope-analysis.


5.3.3 CARETAKERS’ ACCOMMODATION, DWELLING UNIT AND RURAL WORKERS’ ACCOMMODATION
CODE

The purpose of the Caretaker’s Accommodation, Dwelling Unit and Rural Workers’ Accommodation
code is to ensure caretaker’s accommodation, dwelling units and rural worker’s accommodation
achieve an acceptable level of comfort, safety and amenity for occupants and are compatible with
non-residential uses on the same site or adjoining premises.

Comment: The proposed Rural Workers’ Accommodation unit will be located within the existing
dwelling house to accommodate employees, and will complement the operation of the existing rural
use of the site. As can be seen in the Floor Plan in Figure 3 within this report, the existing built form
provides suitable accommodation to allow an acceptable level of residential amenity and safety.

The proposal has been assessed against the code and is considered to achieve compliance.

5.3.4 EARTHWORKS CODE


    Performance Outcome                  Acceptable Outcome                         Response

 PO9                                 AO9                                  Please refer to the attached
 On sloping sites development        Cut or fill is less than 1.5         Geotechnical      Investigation
 follows the natural landform        metres in depth relative to the      prepared by Tectonic, which
 wherever       practical      and   natural ground level.                confirms the proposal results in
 excavation or filling is minimal.                                        Low Risk of instability. The
                                                                          design of the new dwelling
                                                                          house seeks to integrate the
                                                                          built form with the natural
                                                                          landform. A rural landscape
                                                                          master plan is currently being
                                                                          prepared by Conlon Group
                                                                          Landscape      Architect      to
                                                                          integrate the existing and
                                                                          proposed built form with
                                                                          natural and rural values of the
                                                                          site.




                                                                                                        17

Page 18

5.4 PLANNING SCHEME OVERLAYS

              Overlay                                      Comment

                             Agricultural Land

                                        The proposed development is for a new
                                        primary Dwelling House and Rural Workers’
                                        Accommodation to support an existing rural
                                        activity and complement the intent to conserve
                                        existing agricultural land. It is intended to
                                        maintain and support the existing agricultural/
                                        rural uses of the site. We note that AO1.1 of
                                        the Low Density Housing Code anticipates
                                        dwelling houses in the Rural zone. The site
                                        considers the existing ecological and bushfire
                                        constraints, and has been appropriately sited
                                        to avoid such areas. Locating the new house
                                        on the higher portion of the site is ideal as this
                                        land is not ideal for grazing and productive
                                        rural purposes.




                    Biodiversity, Waterways and Wetlands

                                        The site is mapped as containing areas of
                                        ecological significance. In accordance with
                                        Table 5.10.1, an assessment of the
                                        Biodiversity, Waterways and Wetlands overlay
                                        code is not required as no clearing is proposed
                                        and the proposal is located outside of mapped
                                        riparian buffer areas.




                                                                                        18

Page 19

        Bushfire Hazard

                 In accordance with Table 5.10.1, an
                 assessment of the Bushfire Hazard overlay
                 code is not required for the Rural Workers’
                 Accommodation (existing building) or the
                 Dwelling House. The proposed arena/stables,
                 shed and cattle crush will be assessed by a
                 building certifier.




         Flood Hazard

                 In accordance with Table 5.10.1, an
                 assessment of the Flood Hazard overlay code
                 is not required as the site is not constrained by
                 flooding and inundation extent mapping.




Landslide Hazard and Steep Land

                 In accordance with Table 5.10.1, an
                 assessment of the Landslide Hazard and Steep
                 Land overlay code is not required for the Rural
                 Workers’ Accommodation (existing building) or
                 the    Dwelling    House.     The     proposed
                 arena/stables, shed and cattle crush are
                 located outside of mapped areas. A
                 geotechnical report has been prepared by
                 Tectonic which confirms the proposed building
                 areas and access as low risk.




                                                                19

Page 20

Water Resource Catchments

              The site is mapped as containing Water
              Resource Catchment and Water Supply Buffer
              Areas. In accordance with Table 5.10.1,
              assessment against the Regional Infrastructure
              Overlay code is required, as the proposal
              results in an upgrade to the existing on-site
              wastewater treatment system and also seeks
              to increase the number of people living and
              working on the site. Australian Soil
              Investigations has confirmed via a site
              inspection that the subject site has ample
              room to appropriately treat and dispose of
              treated onsite sewerage




                                                          20

Page 21

6.0 SUPPORTING INFORMATION
The following section provides a summary of the supporting information relating to the proposed
development:

                                       Plans for Approval
 Plan No.      Rev.    Plan Title                                                        Date
   P.101        DA     Context Imagery 1, prepared by Aboda Design Group               13.04.22
   P.102        DA     Context Imagery 2, prepared by Aboda Design Group               13.04.22
   P.103        DA     Context Imagery 3, prepared by Aboda Design Group              13.04.22WD
  WD.101        DA     Panoramic Scenery, prepared by Aboda Design Group               13.04.22
  WD.102        DA     Location and Context Plan 1, prepared by Aboda Design Group     13.04.22
  WD.103        DA     Location and Context Plan 2, prepared by Aboda Design Group     13.04.22
  WD.104        DA     Location and Context Plan 3, prepared by Aboda Design Group     13.04.22
  WD.105        DA     Contour and Context Plan, prepared by Aboda Design Group        13.04.22
  WD.106        DA     Areas Plans, prepared by Aboda Design Group                     13.04.22
  WD.201        DA     Lower Level Plan, prepared by Aboda Design Group                13.04.22
  WD.202        DA     Main Level Plan, prepared by Aboda Design Group                 13.04.22
  WD.501        DA     Elevations, prepared by Aboda Design Group                      13.04.22
  WD.502        DA     Elevations, prepared by Aboda Design Group                      13.04.22
  WD.601        DA     Sections, prepared by Aboda Design Group                        13.04.22
  WD.602        DA     Sections, prepared by Aboda Design Group                        13.04.22
 22178-001       0     Preliminary Slope Stability Assessment, prepared by Tectonic    26.05.22




                                                                                            21

Page 22

7.0 CONCLUSION
This Town Planning Assessment Report has been prepared on behalf of Jane and Cameron Blake to
support a Development Application for Material Change of Use for a Dwelling House and Rural
Workers’ Accommodation in respect of land at 42 Lukes Road, Cooroy Mountain and legally described
as Lot 77 on MCH546.

The site is included under the Noosa Plan 2020 within the Rural zone. Within this zone and local plan
area, the proposed development are consistent land uses, and are subject to a code assessable
application.

The proposal is considered consistent with relevant State planning provisions and demonstrates
compliance with the applicable local planning provisions. Any planning scheme non-compliances have
been satisfactorily discussed and justified in the Planning Assessment section of this report via
suitable alternate solutions in accordance with the higher order Performance Outcomes of the relevant
codes.

Approval of the proposed development is warranted subject to relevant and reasonable conditions.




                                                                                                   22

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