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

      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


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