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Town Planning Assessment Report
Mur
Town Planning
Assessment Report
20 Middle Creek Rd, Federal
Material Change of Use - Dwelling House
August 2021
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Table of Contents
1. SITE AND APPLICATION SUMMARY ................................................................................................................................... 3
2. PROPOSAL ................................................................................................................................................................................................ 3
3. BACKGROUND .................................................................................................................................................................................... 4
4. SITE DETAILS ........................................................................................................................................................................................... 5
4.1. SITE DESCRIPTION ........................................................................................................................................................................ 5
5. ASSESSMENT REQUIREMENTS .................................................................................................................................................6
5.1. FRAMEWORK FOR ASSESSMENT ..............................................................................................................................................6
CATEGORISING INSTRUMENTS FOR STATUTORY ASSESSMENT ...............................................................................................6
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ................................................6
6. THE NOOSA PLAN .............................................................................................................................................................................6
6.1. DEFINITIONS ...................................................................................................................................................................................6
6.2. LEVEL OF ASSESSMENT ................................................................................................................................................................ 7
6.3. BENCHMARKS ................................................................................................................................................................................. 7
7. CONCLUSION......................................................................................................................................................................................9
Appendices
Appendix A Proposal Plans
Appendix B Owner’s Consent
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1. Site and Application Summary
Applicant
Applicant: Diane Gibson C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Diane Gibson
Application
Material Change of Use - Dwelling House
Development Application:
Level of Assessment: Code Assessable
Referral Agencies: Nil
SEQRP: Regional Landscape and Rural Production Area
Subject Site
Address: 20 Middle Creek Rd, Federal
Lot Description: Lot 1 on SP237573
Area: 2902.77m2
Easement(s): Nil
Covenants Nil
Local Plan Area: Nil
Zone: Rural
Overlays: + Agricultural Land Conservation
+ Regional Infrastructure Overlay
- Water Supply Buffer Area
- Water Resource Catchment Area
2. Proposal
The proposal seeks a Development Permit for Material Change of Use of Premises to establish a dwelling
house.
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The proposed dwelling is a small, single storey, skillion roof construction and has a maximum height of
approximately 3.7 metres. The dwelling contains 1 bedroom, 1 bathroom, and a small kitchen, living and dining
area. A double garage is also contained within the structure and a single carport is located on its western end.
The dwelling occupies a total site area of 120m2.
The dwelling house is orientated with its long axis in an east-west direction to take advantage of the northern
aspect. In this regard, habitable areas will have a northern aspect.
Figure 1 – Site Plan
Please refer to Appendix A – Proposal Plans for further details relating to the design and siting of the dwelling.
3. Background
A search of Council’s online Application Tracking system indicates there are any previous applications
pertaining to the site.
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4. Site Details
4.1. Site Description
The subject site is located at 20 Middle Creek Road, Federal described as Lot 1 on SP 237573.
The site has a total area of 2,902.77m2 and is rectangular in shape. The site is clear of vegetation and slopes
downhill to the northwest at an average gradient of approximately 6%.
The site is surrounded by the following uses:
• Federal Primary School to the north and west;
• The rural fire brigade to the south; and
• Rural zoned allotment to the east, on the opposite side of Middle Creek Road, that are relatively
small in size (2.2ha - 5.84ha).
Figure 2 – Aerial Photograph (2019)
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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 designation under the
SEQ Regional Plan. The regulatory provisions do not apply to development involving a dwelling house in the
Regional Landscape and Rural Production Area.
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—
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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
Pursuant to Table 5.5.14 of the Noosa Plan 2020, a Dwelling House is 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
A review of the above-mentioned applicable outcomes has revealed that the proposed Dwelling House is
fully compliant with the outcomes, except for the following
Table 6.2.2
Non complying items the applicant is applying Non-compliance with Assessment against the
for Acceptable Outcomes Performance Outcomes
Rural Zone Code
• The site is located adjacent to property AO2.4 PO2
included in the Rural zone and mapped
as Agricultural Land Conservation Area
as shown in Agricultural Land Overlap
Maps in schedule 2. The proposed
dwelling house is considered a sensitive
land use and will be established closer
than 200 metres from the adjacent
Agricultural Land Conservation Area.
Consequently, the proposed dwelling is code assessable in accordance with Section 5.3.3(2) of the Noosa
Plan 2020.
6.3. Benchmarks
Pursuant to Section 5.3.3 (4)(b) of the Noosa Plan 2020, assessment is limited to the subject matter of the
required acceptable outcomes that were not complied with or were not capable of being complied with.
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Therefore, the assessment will be limited to Performance Outcomes PO2 of the Rural Zone Code which is
detail below.
Rural Zone Code
PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land
Conservation Area.
The proposed dwelling is situated approximately 42m from land mapped as an Agricultural Land
Conservation Area as detailed in Figure 3 below. Consequently, it does not comply with AO2.4 of the Rural
Zone for the reasons mentioned in Table 6.2.2.
Figure 3 - Image Illustrating Agricultural Land Conservation Area adjacent to the site.
While not complying with AO2.4, it is considered that the proposed dwelling achieves the corresponding
Performance Outcome PO2 of the code for the following reasons:
a) it is a small dwelling that is appropriate to it’s rural setting;
b) the land that is within the Agricultural Land Conservation Area adjacent to the site includes a road
reserve, 19 Middle Creek Road, 29 Middle creek road and 33 Middle Creek Road and land to the
west of Federal School. The road reserve cannot be used for agricultural production and the 3 lots
adjacent are 5.84 ha, 2.2 ha, and 2.25 ha respectively. They are not of a size that is congruent to
large scale agricultural productivity and are therefore compromised in terms of area to undertake
any viable agricultural pursuits.;
c) the proposal provides sufficient setbacks, and is separated by Middle Creek Road from the lots to
the east, which will ensure that any agricultural activities taking place on the adjoining land would
not be compromised by the proposed dwelling. Such agricultural activities undertaken on these lots
are likely to be of a rural residential scale and intensity given their size and nature;
d) the dwelling is separated by Federal School and a large distance of 160m from the lot containing
mapped Agricultural Land Conservation Areas to the west and would not compromise its use; and
e) Overall, the dwelling will not result in the loss or diminished productivity capacity of the Agricultural
Land Conservation Area.
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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.
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