DecisionNotice-Response to Reps-ICN.N1626_24 Kamo Lane COOTHARABA

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Representation:
The application was submitted for a Dwelling House without a Secondary Dwelling. There was
no reference to a Secondary Dwelling in the application, however the approval was granted,
without any prior discussion, as including one.
Review & Response
The Noosa Plan 2020 “Use definitions” defines a Dwelling house as:
“Dwelling house means a residential use of premises involving—
   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.”
Therefore, an application for a Dwelling house may include a secondary dwelling under that
use category without individual referencing and infrastructure charges then assessed in
accordance with the plans approved.
Representation:
The applicant claims the proposed development does not meet the definition of a secondary
dwelling and states:
       “The proposed Dwelling House is a re-sited, pre-war dwelling that originally had a
       downstairs ‘external’ laundry, as is common in houses built prior to 1946. The re-siting
       of the dwelling is not proposing any internal changes to the upper level and therefore
       the laundry for the dwelling had to be accommodated downstairs. The downstairs area
       also proposed a home office, wet bar and bathroom.”
The applicant has referenced the Noosa Plan 2020 administrative definitions for a Secondary
dwelling and Dwelling and contends:
       “The proposed downstairs area could comply with point a; however, it does not include
       its own facilities for washing clothes. Therefore, there is no way for the area to comply
       with the second requirement of the definition.”
        “the development needs to meet both Point a and all parts of Point b. It does not meet
       Part v. of Point b and therefore only partially meets the definition of a Dwelling, as
       legislated in the Noosa Plan 2020.”
The applicant further states:
       “Fluid Approvals agrees that the area could be looked at as a potential second dwelling,
       however once looked at, it should have been dismissed as qualifying as a Secondary
       Dwelling for not meeting the legislative definition.” and
       “As 1 laundry only is proposed for this development, it is not possible to argue that are
       2 dwellings, each containing facilities for washing clothes as defined”
       “Fluid Building Approvals have been engaged to certify this development as a single
       dwelling only. The National Constructure Code (NCC) also requires a laundry to be
       included in order for an area to be considered a Dwelling. Therefore this building
       approval cannot be issued for 2 dwellings. Including the downstairs area as a second
       dwelling would be unfeasibly expensive for our client due to intense fire separation
       required for Class 2 timber structures (building two dwellings above or below one
       another).”
       “Therefore, Council’s planning approval of this as a Secondary Dwelling is not
       consistent with how the development will be certified or used. To support this



                                PO Box 141             P. (07) 5329 6500   [email protected]
                                TEWANTIN QLD 4565      F. (07) 5329 6501   www.noosa.qld.gov.au

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      application, Fluid has obtained a signed statutory declaration from the client that the
      downstairs area is a home office.”
      “Council’s approval of this development as a Dwelling House including a Secondary
      Dwelling imposes unreasonable Infrastructure Charge costs and limits the landowner’s
      options to develop a free-standing Secondary Dwelling at a later date.”
      “We therefore request that Council update their approval to reflect a single Dwelling
      House only, without a Secondary Dwelling, and withdraw the associated Infrastructure
      Charges Notice until such time a building approval is issued for two dwellings.”
Review & Responses
1. Infrastructure charges are assessed and issued on the basis of use and quantity defined
   and governed under the provisions of The Noosa Plan 2020 (planning scheme), the
   Planning Act 2016 and Planning Regulation 2017 and the Noosa Shire Council Charges
   Resolution current at the time of approval. Infrastructure Charges are not assessed or
   issued under the Building Act 1975 and/or associated Building Codes of Australia that
   solely regulate and govern the actual construction requirements for buildings and
   structures.

2. The new ground floor plan labels the following areas/items:
     • Office;
     • Living area;
     • Wet bar;
     • a bathroom (with sink, toilet & shower)
     • a laundry;
     • a separate additional bathroom (with sink, toilet & shower); and
     • undercover carport spaces for 5 cars.
     • The whole ground floor also has separate access from the above first floor primary
         house.
   The definition for a bedroom under the Planning Scheme, Planning Regulation and
   Charges Resolution is:
         bedroom means an area of a building or structure which:
         (a) is used, designed or intended for use for sleeping (but excludes a lounge room,
              dining room, living room, kitchen, water closet, bathroom, laundry, garage or
              plant room); or
         (b) other habitable rooms that can be used for sleeping such as a den, library, study,
              loft, media or home entertainment room, library, family or rumpus room or other
              similar space.
   Therefore the office area is an “other habitable” room that may also be considered for use
   as a bedroom.
   The definition for “food preparation facilities” is not specified in the Planning Scheme or
   Planning Regulation however is provided in Council’s Charges Resolution as follows:
         food preparation facilities means an area of a room capable of being used for the
         preparation of food in a dwelling or in a commercial establishment and generally
         includes a bench with a plumbed sink and space for a refrigerator (full or mini bar
         size). It may also utilise hardwired or plug-in type appliances.
   The wet bar therefore satisfies as one form of a “food preparation facility”.
   There is no definition currently provided for “clothes washing facilities” and as such this
   term is therefore not limited to just a “laundry” but could also refer to any item that may
   enable clothes to be washed manually or mechanically such as sink/tub or washing


                            PO Box 141                P. (07) 5329 6500   [email protected]
                            TEWANTIN QLD 4565         F. (07) 5329 6501   www.noosa.qld.gov.au

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    machine located anywhere inside or outside etc. However a laundry has been specifically
    labelled.
    The ground floor plans clearly show the ground floor is capable of being used as a
    secondary dwelling as envisaged by The Noosa Plan not exceeding 65m2.
3. The definition for a “secondary dwelling” has been quoted in the representations, however
   failed to acknowledge or emphasise that it “is used in conjunction with, and subordinate
   to, a dwelling house on the same lot.”
    A “secondary dwelling” may therefore be considered slightly different to a normal
    “dwelling” as the definition implies that some facilities may be shared and used between
    the primary “Dwelling house” and its “subordinate” “secondary dwelling” being “used in
    conjunction with” (i.e. common dictionary meanings are: “in combination with” and “If one
    thing is done in conjunction with another, the two things are done or used jointly or
    together”).
    The location of the laundry “clothes washing facility” appears designed to be clearly
    capable of being used jointly by the first floor and ground floor.
4. The developer’s costs are not a consideration under the planning legislation when
   assessing new development. The current permissible maximum allowable by the Planning
   Regulation 2017 is $21,590.50 (per dwelling with 2 or less bedrooms). However Council’s
   “Charges Resolution” specifically identifies a secondary dwelling to a detached house but
   significantly reduces the quantum of the charge to $6,437.00 due to the planning
   limitations placed on secondary dwellings (i.e. maximum area) and its conjunctional use
   and subordinate nature to the primary dwelling.
5. The applicant has provided a statutory declaration from the owner that the downstairs
   room is only to be used as a home office and requested Council to update the approval to
   reflect a single “Dwelling house” without a “Secondary dwelling”.
    As Council has accepted this request and issued a Negotiated Decision for the Material
    Change of Use approval including an additional condition and annotations to the approved
    plans for the new ground floor thereby removing the capability of the ground floor for use
    as a secondary dwelling without a further application to Council.
    It is therefore agreed to withdraw and cancel the Infrastructure Charges Notice N1626
    originally issued.
4. 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.
Should you require any further information or wish to enter into a delayed staged payment
agreement, please contact Council’s office directly via telephone on (07) 5329 6449 or
alternatively via email: [email protected]

Yours faithfully,




Oddbjorn Ludvigsen
Infrastructure Assessment Coordinator
Enc Appeal Rights




                             PO Box 141               P. (07) 5329 6500   [email protected]
                             TEWANTIN QLD 4565        F. (07) 5329 6501   www.noosa.qld.gov.au

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PO Box 141          P. (07) 5329 6500   [email protected]
TEWANTIN QLD 4565   F. (07) 5329 6501   www.noosa.qld.gov.au