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ECM_21708446_v4_Delegated Report - Code - Planning MCU21 0150
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Consultant Planner
Development Assessment
APPLICATION DETAILS
Application No. MCU21/0150
Applicant
Proposal Material Change of Use - Dwelling house
Properly Made Date 17 September 2021
Information Request Date 27 September 2021
Information Response Date 23 November 2021
Decision Due Date 18 January 2022
Report Completed Date 16 December 2021
Report Reviewed By Lisa Pienaar
PROPERTY DETAILS
Property Address 9 Rules Rd Pomona Qld 4568
RP Description Lot 190 MCH 1261
Land Area 15850m²
Existing Use of Land Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Rural Residential
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Biodiversity, Waterways and Wetlands Overlay
Riparian Overlay
Bushfire Hazard Overlay (High Potential Bushfire Intensity)
Koala Priority Area (state)
Koala Habitat Area (state)
Document Set ID: 21708446
Version: 4, Version Date: 16/12/2021
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Page 2
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The application
triggers assessment as clearing is proposed in the Biodiversity, Waterways and Wetlands overlay
and the site is largely covered by the riparian buffer overlay. The dwelling house is to be sited
within the south-eastern part of the site and will comprise of 4 bedrooms, dinning, kitchen, living,
laundry, bathrooms and double car garage. The proposal also includes an 8m x 9m outbuilding
(shed) and a secondary dwelling (65m2) which includes a bedroom, living/dining, kitchen and
bathroom to be located in front of the dwelling house.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
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Figure 3 – Floor Plan
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Figure 4 – Elevations
2. SITE DETAILS
2.1. Site Description
The site area is 1.58ha and has frontage to Reserve Street along the western boundary. The
majority of the site is characterised by native vegetation dominated by open forest species.
2.2. Surrounding Land Uses
The surrounding land uses include rural and rural residential properties in the immediate vicinity
with the township of Pomona north of the site.
3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Residential Zone Code;
Biodiversity, Waterway and Wetlands Overlay Code
Bushfire Hazard Overlay Codes
Works Codes.
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The subject site is located in Pomona and is zoned Rural Residential. 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 2 storeys max 2 storey
metres 8 and 9m to the pitch of the 7.96 metres
roof
Site cover 30% max <30 %
Individual buildings maximum 306m2
500m2
GFA All buildings on site does not Approx. 287m2
exceed 500m2
Setbacks
Frontage 10 metres min 19 metres
Side (east) 10 metres min 10 metres
Side (west) 10 metres min 10+metres
Rear 10 metres min 10+ metres
Bushfire Hazard Overlay Code
Noosa Plan 2020 identifies the majority of the site as a High Potential Bushfire Intensity area. The
Bushfire Hazard Overlay Code outcome is to ensure that development avoids or mitigates the
potential adverse impacts of bushfire on people, property, economic activity and the environment.
The overlay code requires the development site to be assessed with the applicant having provided
a Bushfire Management Plan (V1).
The State Planning Policy Bushfire hazard mapping identifies the site as containing Bushfire
Hazard Areas with High Potential Bushfire Intensity and Potential Impact Buffer. The applicant has
submitted a Bushfire Management Plan where assessment has been carried out in accordance
with the State Planning Policy provisions to ensure the development is compliant with the current
planning requirements for bushfire hazard. The Bushfire Management Plan V1 requires an asset
protection zone of 25.3m on all sides of the development which is within the allowed 1.5 times the
height of the tallest tree (averaging 30m). It is noted that there is minimal vegetation on the
adjoining eastern property where the development site abuts.
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Figure 5 – Asset Protection Zone – extent of clearing.
This extent of clearing provides a BAL 29 therefore, the proposal meets PO7 of the Bushfire
Overlay Code as the proposal minimises bushfire risk to people and property.
Biodiversity, Waterways and Wetlands Overlay
The sites vegetation is dominated by Eucalyptus grandis (flooded gum), Eucalyptus propinqua
(small fruited grey gum), Corymbia intermedia (pink bloodwood), Lophostemon confertus (brush
box) and Lophostemon suaveolens (swamp box) canopy species.
The mid and under-storey contains species such as elegans (celery wood), Melaleuca
quinquenervia (broad leaved paperbark), wattle species, a mix of grasses, ferns, and sedges
Ottochloa gracillima (forest grass), Cordyline rubra (cordyline lily), and Doodia aspera (rasp fern)
and a number of environmental weeds including Lantana camara (lantana) and Ochna serrulata
(Ochna
The purpose and outcomes of the Biodiversity, Waterways and Wetlands overlay code is to protect,
rehabilitate and enhance ecologically important areas and improve connectivity. The majority of
the site including the location of the proposed dwelling and associated infrastructure is covered by
the Biodiversity overlay and the Riparian Buffer Overlay. The development is sited away from the
location of the waterway with no impact proposed to the actual waterway only within the riparian
buffer. The bushfire protection zone identifies a 25.3m required buffer which allows greater than
50m of vegetation to remain between the asset protection zone buffer and the waterway.
Performance outcomes and acceptable outcomes relating in particular to this application is PO1
and AO1.1, PO3 and AO3.1 and AO3.2, PO5 and AO5, PO6 and AO62. The location of the
development is within the least sensitive area on site and located away from the waterway.
Given the site is mostly vegetated, it is considered the proposal complies with the Performance
Outcomes of the Biodiversity Code as the structures are sited within proximity to the road frontage
thereby minimising the extent of clearing of vegetation.
Additional assessment of the proposal against the Koala Habitat requirements has been provided
by Councils Senior Environmental Officer within the Internal referrals section of this report. The
applicant previously had a prelodgement meeting with regard to the Koala regulation requirements.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
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The Department is a referral agency for Schedule 10, Part 9, Division 4, Subdivision 2, Table 4,
Item 1 (10.9.4.2.4.1) - State transport corridors and future State transport corridor
The Department has responded advising that conditions be included as part of the development
approval to ensure vehicle access does not compromise safety of the state controlled road
network.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering officer – recommended conditions and provided the following comments:
The property currently has an existing crossover however the condition of the crossover does
not align with Councils standard drawing RS-056 for a rural crossover. A condition has been
added to bring the crossover up to Councils standard for a rural crossover. A compacted road
base surface for the crossover will be acceptable given Rules Road is an unsealed road
Senior Environmental Officer – conditions are recommended and comments provided have
been incorporated within the body of this report in relation to Bushfire and Biodiversity
assessment. Comments relating to Koala Habitat are provided as follows:
Koala Habitat Area Map
The development site is within mapped Koala Habitat and Priority Area. The Planning Regulation
2017 Part 10 details Koala Habitat in SEQ region with a requirement that any development is
prohibited development if it is within Koala Priority and Habitat Areas unless it meets the
exemptions. The applicant provided pre-lodgement advice from SARA dated 15 September 2021
detailing how the development application meets the exemptions. With further detail provided
within the Bushfire Management Plan V1 detailing the proposed 3,550m2 area to be cleared under
the exemptions. The application material states the development meets the following exemptions
under the Planning Regulation 2017 Schedule 24 sections:
- (k) being total area on the premises of 500m2 or less of 1 or more koala habitat areas being
cleared;
- (l)(iii) development that is or involves an OPW that is clearing of vegetation up to 500m2 for
non-linear infrastructure; and
- (n)(vii) development that is or involves operational works that is the clearing of native
vegetation in a koala habitat area if the clearing is necessary for essential management
and is qualifying clearing.
The clearing under exemptions (k) and (l)(iii) totals less than 1000m2 and meets the exemptions
requirements. The applicant is also utilising exemption (n)(vii) to clear for necessary essential
management due to the site being majority covered by the Bushfire Hazard Overlay (High Potential
Bushfire Intensity). A Bushfire Management Plan was provided which details the Asset Protection
Zone setback requirements are 25.3m in all directions with 3,550m2 of Koala Habitat to be cleared.
The average height of the canopy is outlined at <30m therefore the proposed setbacks are within
the exemptions requirements of 20m or 1.5 times the height of the tallest tree and cover the entire
area of the proposed development.
5. 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 MCU21/0150 for a Material Change of Use - Dwelling house situated
at 9 Rules Rd Pomona Qld 4568 and described as Lot 190 MCH 1261, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: MCU21/0150
Street address: 9 Rules Rd Pomona Qld 4568
Real property description: Lot 190 MCH 1261
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Dwelling house (including secondary
dwelling)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
When Conditions must be Complied With
1. 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
2. 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
B210717 E Cover Page, prepared by Bespoke 23/11/2021
Building Design
B210717 - 2 E Site Plan, prepared by Bespoke Building 23/11/2021
Design
B210717 - 3 E Dwelling Lower Floor Plan, prepared by 23/11/2021
Bespoke Building Design
B210717 - 4 E Dwelling Upper Floor Plan, prepared by 23/11/21
Bespoke Building Design
B210717 - 5 E Dwelling Elevations, prepared by Bespoke 23/11/2021
Building Design
B210717 - 6 E Relatives Residence Floor Plan, prepared 23/11/21
by Bespoke Building Design
B210717 - 7 E Relatives Residence Elevations, prepared 23/11/2021
by Bespoke Building Design
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TSSC214004- 3 - Layout (Shed Plans), prepared by The 24/08/2021
Shed Company
J000969 1 Bushfire Management Plan – prepared by 22/11/2021
North Coast Environmental Services
Currency Period
3. This development approval lapses if the use has not happened by 16 December 2027,
unless an application to extend the currency period is approved by Council.
Performance Bond
4. 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.
Extent of use
5. The premises must be used in accordance with The Noosa Plan definitions for a Dwelling
and must be for the exclusive use of one household only.
6. The premises must not be used as Multiple Housing and/or Visitor Accommodation or any
other residential use as defined by The Noosa Plan, except a Dwelling.
General
7. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
8. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
a. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Environment
9. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994) must
not be released from the site or to waters within the site, or be likely to be released should
rainfall occur, unless all reasonable and practicable measures are taken to prevent or
minimise the release and concentration of contamination.
10. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants from
the site. The erosion and sediment control measures must be designed, installed and
maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
11. Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
Vegetation Retention
12. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
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13. A “no clearing zone” must be established and maintained over the land area identified as
outside of the asset protection zone detailed within the approved Bushfire Management Plan.
The following activities must not be carried out within the ‘no clearing zone’:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
a. declared plants under the Land Protection (Pest and Stock Route Management) Act
2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental
Weeds, Exotic Grasses and other plants identified in writing by Council
b. indigenous native trees which pose a well-founded threat to persons or property as
approved in writing by Council
c. controlled bushfire burns to maintain ecological processes subject to submission of a
Bushfire Management Plan and agreed in writing by Council.
Vegetation Removal
14. Vegetation removal must be supervised and undertaken in accordance with the approved
Bushfire Management Plan.
15. All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
16. Prior to commencement of use, a suitably qualified* person must certify compliance of
approved vegetation removal as per the approved Bushfire Management Plan*.
*(Refer to Advisory Note)
Fauna Management
17. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Protect and recover fauna during clearing operations (not previously removed).
e. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
*(Refer to Advisory Note)
Fencing
18. Any proposed new fencing to delineate boundary alignments within the Biodiversity Overlay
and/or Koala Priority and Koala Habitat Areas must be constructed to allow for the movement
of fauna. Such fencing must:
a. allow adequate clearance at ground level for local macropods
b. not include any use of barbed wire or similar materials
c. provide regular opportunities for passage over and through
d. be agreed by Council
Bushfire Management
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19. The development must be carried out in accordance with the Bushfire Management Plan ,
prepared by North Coast Environmental, dated 22/11/2021.
*(Refer to Advisory Note)
20. A copy of the Bushfire Management Plan report listed within this Decision Notice must be
provided to the nearest fire authority.
21. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer to Advisory Note)
Property Access and Driveways
22. The existing crossover must be upgraded to be generally in accordance with:
a. Councils standard drawing RS-056 (and associated addendums);
b. The approved plan B210717 (Rev B); and
c. Include a compacted road base surfacing within the road reserve.
The works must be undertaken with written approval in accordance with Noosa Council
driveway crossover approval conditions and adopted standard drawings for the crossover
type as required by the Planning Scheme. Construction, modification or alteration of a vehicle
crossover must not commence until approval has been received from Council.
Stormwater Drainage.
23. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Damage to Services and Assets
24. 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:
a. Where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
State Assessment and Schedule 10, Part 9, The agency provided its
Referral Agency Division 4, Subdivision 2, response on
(SARA) Table 4, Item 1 20/10/2021 Reference
(10.9.4.2.4.1) - State 2109-24975 SRA copy
transport corridors and of the response is
future State transport attached
corridors
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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Qualified Person
1. Qualified Person, for the purpose of:
a. A Bushfire Management Plan for certifying compliance with the bushfire requirements
of this Decision Notice, a qualified person is considered to be an ecologist with a
minimum of 3 years current experience in the field of bushfire assessment and
management.
b. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
c. Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
Retention of Existing Trees
2. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
Standard Drawing
3. Councils standard drawing for a rural crossover RS-056 (and associated addendums) can
be found on Councils website or by following this link:
https://www.noosa.qld.gov.au/planning-development/development-tools-
guidelines/standard-drawings
Infrastructure Charges
4. 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
7. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
MCU21/0150 – Bushfire Management
1. To ensure the safety of people and property, this properly must be maintained, all buildings
and structures must be sited and/or constructed in accordance with the bushfire
management conditions of Council Approval MCU21/0150 and any associated Operational
Works approvals.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Building Works All building work.
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10. SUBMISSIONS
Not applicable.
11. 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.
12. 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.
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