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

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



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