Delegated Report - Code - Planning MCU21 0219

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0219
Applicant	Michelle Botwood O'Malley
Proposal	Material Change of Use - Caretaker’s accommodation
Properly Made Date	20 December 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	21 February 2022
Report Completed Date	21 February 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	163 Upper Pinbarren Ck Rd Pinbarren Qld 4568
RP Description	Lot 58 SP 321936
Land Area	27.3ha
Existing Use of Land	Rural pursuits – cattle farm

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay Medium Potential Bushfire Intensity Potential Impact Buffer Landslide Hazard Overlay High Hazard Area Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use to establish a caretaker’s accommodation on the site. The proposal comprises of a 94.5m2 dwelling house located in the northern section of the site to be utilised by one of the owners. The caretaker’s accommodation is required to manage and care for the bona fide rural activities on the property, including cattle and cropping activities. The dwelling house currently sits at 67 Summit Road, Pomona and will be relocated to the subject site. RAB21/0268 has been issued regarding the removal and transportation of the dwelling house.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – 3D View

site details
Background
Not Applicable
Site Description
The site is an irregularly shaped lot comprising an area of 27.3 hectares. A number of waterways run along the southern and western boundaries, and through the middle of the site. The site exhibits a hilly terrain, with a steep fall from a ridge near the southern boundary to the sides of the property. Access to the site is gained from an existing farm track off Upper Pinbarren Creek Road on the western boundary.
Surrounding Land Uses
The subject site is surrounded by similarly sized rural lots, with a smaller rural lot adjoining on the western boundary. The surrounding rural lots are used for farming practices and rural pursuits.
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;
Caretakers Accommodation, Dwelling Unit and Rural Workers’ Accommodation Code.
The subject site is located in Pinbarren and is zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Building height storeys metres	2 storeys max 8 metres	1 storey 6.9 metres	
Gross floor area	90m² max	94.5m²	X
Caretaker’s Accommodation
The caretaker’s accommodation is required to care for the bona fide rural activities undertaken on the subject site which include a beef cattle farming operation comprising 20 head of steer, and a number of cropping activities including the growing of tea, limes, spices and flowers. A caretaker is required on site 24/7 to care for the livestock and horticulture activities.
From Council’s aerial mapping, it can be seen that the property operates an agricultural activity on the site. The application has demonstrated the need for a caretaker’s accommodation on the site and that it will be used ancillary to the rural activities undertaken on the property.
Gross Floor Area
The proposal has a gross floor area of 94.5m2 in lieu of the maximum 90m2 required by Acceptable Outcome AO4.6 of the Caretaker’s Accommodation, Dwelling Unit and Rural Worker’s Accommodation Code. The proposal generally complies with Acceptable Outcome AO4.6 as the additional 4.5m2 of gross floor area is considered inconsequential in relation to the size of the site and the separation from adjoining properties. The proposed caretaker’s is located approximately 140 metres from the closest dwelling house on adjacent properties.
Agricultural Land Conservation Area
The location of the proposed caretaker’s accommodation sits within mapped Agricultural Land Conservation Area and is located approximately 150 metres from an adjacent property also within mapped Agricultural Land. A large majority of the subject site falls within a mapped Riparian Buffer Area and the rest of the site is mapped as Agricultural Land Conservation Area. The proposal has been sited to as to avoid the mapped Riparian Buffer Area, thus being located in mapped agricultural land. Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code require that no sensitive land uses are established within 200 metres of an adjoining property in the Agricultural Land Conservation Area.
Performance Outcomes PO2 and PO8 aim to protect the productive capacity of agricultural land and will avoid conflict of surrounding rural uses and activities. The proposal is considered to comply with Performance Outcomes PO2 and PO8 as the sensitive land use to be established will be supporting an agricultural use on the site and will not impact on the agricultural capacity of surrounding properties.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0219 for a Material Change of Use - Caretaker’s accommodation situated at 163 Upper Pinbarren Ck Rd Pinbarren Qld 4568 and described as Lot 58 SP 321936, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0219
Street address:	163 Upper Pinbarren Ck Rd Pinbarren Qld 4568
Real property description:	Lot 58 SP 321936
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 - Caretaker’s accommodation
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
WD-01	-	Cover Page, prepared by Matt Bradley Designs	19/11/2021
WD-03	-	Locality Plan, prepared by Matt Bradley Designs	19/11/2021
WD-04	-	Site Plan, prepared by Matt Bradley Designs	19/11/2021
WD-09	-	New First Floor, prepared by Matt Bradley Designs	19/11/2021
WD-11	-	Elevations, prepared by Matt Bradley Designs	19/11/2021
Nature and Extent of Approved Use
The caretaker’s accommodation may only be occupied by the owner of or somebody employed in the agricultural use, such as cattle grazing, occurring of the site.
The caretaker’s accommodation is not permitted to be used for other residential purposes (short-term accommodation, residential lease not associated with agricultural activity etc.).
The Gross Floor Area of the Ancillary Dwelling must not exceed 94.5m2.
The Ancillary Dwelling Unit must be decommissioned if agricultural uses cease to operate on the site.
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period
This development approval lapses if the use has not happened by 21 February 2028, 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 issue of a Development Permit for Building Works. 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.
Water Supply
The development must be provided with a potable water supply having a capacity sufficient for the use.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Bushfire Management
The site must be provided with a water storage reservoir having a minimum 5,000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
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.

[word/footer1.xml]
Page 4 of 6

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
   
 
 

PROPOSED BUILDING (CARETAKERS.
(HOUSE RELOCATION)

PROPOSED WASTE WATER

PROPOSED SHED + STORAGE

EXISTING TRACK

Guy MSSNO NAYYVENId YaddN

  
  
 

AuvANNOS ALYAdONS


[Attachment: image3.png (image text)]
NEW STAIR

SITTING

ENGINEER TO CONFIRM
ADDITIONAL ROOF
‘SUPPORTS,

VERANDA

 

NEW STAR. ——=—


[Attachment: image4.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

750
EXISTING BEARER

SOUTH ELEVATION WEST ELEVATION

1: 100 1: 100

ROOF
LEVEL’

3600

FIRST
LEVEL.

1000

GROUND
LEVEL‘

 

NORTH ELEVATION EAST ELEVATION

1: 100 1: 100