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Town Planning Cover Letter - MCU20-146
Our Ref: 20200327
4 December 2020
Noosa Council
PO Box 141
Tewantin QLD 4565
Sent via email: m
[email protected]
Attention: Development Assessment Team
Dear Sir / Madam,
DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE OF
PREMISES TO ESTABLISH A DWELLING HOUSE AND SECONDARY DWELLING
AT 503 MIDDLE CREEK ROAD, FEDERAL (LOT 8 ON RP835350)
Please find enclosed a development application for a Material Change of Use to be assessed by
the Noosa Council. In support of this application please find enclosed:
● Landowner Consent;
● DA Form 1;
● Land for Wildlife Property Report; and
● Proposal Plans prepared by Mi Design Studio.
The $2,242.00 Council application fee will be paid upon receipt of a Council invoice.
APPLICATION DETAILS
Street Address: 503 Middle Creek Road, Federal
Real Property Description: Lot 8 on RP835350
APPLICANT DETAILS
Applicant: Donovan Biss and Tara Morris
Landowner: Tara Jane Morris
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PROPERTY DETAILS
Land Area: 15,085.35m2
Existing use of land: Vacant land
PLANNING INSTRUMENT DETAILS
Planning Scheme: Noosa Plan 2020
Zone: Rural
Local Plan: Not applicable
Level of Assessment: Code Assessable
Applicable Overlays: ● Biodiversity, Waterways and Wetlands (Areas of
biodiversity significance, MSES Regulated
Vegetation - Category R GBR riverine, riparian
buffer area)
● Bushfire Hazard (Medium potential bushfire
intensity, Potential impact buffer)
● Landslide Hazard (Moderate hazard area, High
hazard area)
● Regional Infrastructure (Water resource
catchment area)
SEQRP Designation: Regional landscape and rural production area
Referral Agencies: Not applicable
EXISTING APPROVALS
Not applicable
APPLICATION DETAILS
The following type of approval is being applied for:
● Material Change of Uses of Premises to establish a Dwelling House and Secondary
Dwelling
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DOCUMENTATION FOR APPROVAL
Plan No. Rev Plan Title Date
020-059 A-01-01 1 Proposed Site Plan, prepared by Mi Design Studio 03.11.20
020-059 A-00-0 1 Proposed Residence - Cover Page, prepared by Mi 03.11.20
Design Studio
020-059 A-00-01 1 Proposed Residence - Sheet Schedule, prepared 03.11.20
by Mi Design Studio
020-059 A-02-01 1 Proposed Residence - Ground Floor Plan, 03.11.20
prepared by Mi Design Studio
020-059 A-02-02 1 Proposed Residence - Level 1 Floor Plan, 03.11.20
prepared by Mi Design Studio
020-059 A-03-01 1 Proposed Residence - Elevations, prepared by Mi 03.11.20
Design Studio
020-059 A-03-02 1 Proposed Residence - Elevations, prepared by Mi 03.11.20
Design Studio
020-059 A-04-01 1 Proposed Residence - Perspectives, prepared by 03.11.20
Mi Design Studio
020-059 A-04-02 1 Proposed Residence - Perspectives, prepared by 03.11.20
Mi Design Studio
020-059 A-00-00 2 Proposed Studio - Cover Sheet, prepared by Mi 21.09.20
Design Studio
020-059 A-02-01 2 Proposed Studio - Ground Floor Plan, prepared by 21.09.20
Mi Design Studio
020-059 A-03-01 2 Proposed Studio - Roof Plan, prepared by Mi 21.09.20
Design Studio
020-059 A-04-01 2 Proposed Studio - Elevations, prepared by Mi 21.09.20
Design Studio
020-059 A-05-01 2 Proposed Studio - Perspectives, prepared by Mi 21.09.20
Design Studio
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LOCATION AND SITE DETAILS
Figure 1: Subject Site (Noosa Council, accessed November 2020)
The subject land is formally described as Lot 8 on RP835350 at 503 Middle Creek Road,
Federal, and has a site area of 15,085.35m2. The site is an irregular shaped block with a
frontage to Middle Creek Road. The property falls towards the north-west.
PROPOSAL
This application seeks a development permit for a Material Change of Use of premises to
establish a Dwelling House and Secondary Dwelling in accordance with the attached Proposal
Plans.
The site is currently occupied by an existing shed (140m2). The proposed development is for
a Dwelling House (247.46m2) and a Secondary Dwelling (54.01m2), with a total site cover of
2.92%.
The proposed two storey dwelling house comprises three bedrooms, two lounges, ensuite,
walk in robe, bath, rumpus, dining room, kitchen, mud room, laundry and several spacious
outdoor areas on both levels. Refer Figure 1 below.
The proposed secondary dwelling comprises one bedroom, a kitchenette, walk in robe,
bathroom, and two spacious, private decks. Refer Figure 2 below. The secondary dwelling is
located approximately 38m from the main dwelling house. Both dwellings are located in
cleared areas.
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Figure 1: Proposed Dwelling House
Figure 1: Proposed Secondary Dwelling
Sufficient private open space areas exist on site. The existing landscaping will be maintained
and protected to the north, which abuts Middle Creek. The subject site is registered with the
Land for Wildlife program and the applicant has already worked extensively in partnership
with Land for Wildlife to plant new landscaping and remove identified weed species.
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The proposed development is setback 9.29m from the front boundary and a minimum of
27.59m from the side (northern) boundary which abuts Middle Creek. Living areas will be
oriented towards the creek.
Waste collection will be provided via kerbside collection.
The site can be connected to electrical and telecommunications. A sufficient water tank and
sufficient area exists on site for an effluent disposal area to service the proposed
development.
Access is provided via a new driveway and crossover from Middle Creek Road.
STATE PLANNING INTERESTS
The Planning Act 2016 provides the framework and process of planning instruments and
processes for development applications. The following planning instruments have been
considered in this application and are discussed in further detail below in the following
sections:
● State Planning Policy (SPP);
● South East Queensland (SEQ) Regional Plan;
● State referral requirements;
● State development assessment provisions (SDAP); and
● Local planning instruments (discussed in section 5 of this report).
STATE PLANNING POLICY (SPP)
Part E of the State Planning Policy provides a comprehensive review of the state interests, the
related policies and assessment benchmarks under five broad themes. Section 2.1 of the
Noosa Plan 2020 confirms it integrates the provisions of the State Planning Policy into the
Planning Scheme. No further assessment is required.
REGIONAL PLAN
Section 2.2 of the Planning Scheme confirms it appropriately advances the South East
Queensland Regional Plan. No further assessment is required.
STATE REFERRAL
Referral to State Assessment Referral Agency (SARA) is not required.
STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)
State Development Assessment Provisions (SDAP) includes a series of benchmarks in which
SARA will assess an application against. In accordance with the above, no referral is required
as part of this application.
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PLANNING SCHEME ASSESSMENT
Under the Noosa Plan 2020, the site is within the Rural zone. Refer Figure 3 below. The
proposed development is a consistent land use within the Rural zone code.
Figure 3: Zoning Map (Noosa Council, accessed November 2020)
TABLE OF ASSESSMENT
Under the relevant table of assessment for the Rural zone, the proposed uses are subject to
Accepted Development subject to requirements. However, the site is subject to a number of
overlays requiring code assessment. This, in combination with non-compliances with the
Rural zone code, has resulted in the proposal being elevated to a Code Assessable
application.
The proposed development is required to be assessed against the following codes:
● Rural zone code;
● Low density house code;
● Biodiversity, waterways and wetlands overlay code;
● Regional infrastructure overlay code.
The proposal has been assessed against the Acceptable Outcomes and Performance
Outcomes of the above codes. Where the proposal is non-compliant with the Acceptable
Outcomes, alternate solutions to the corresponding Performance Outcome have been
provided below.
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PLANNING SCHEME CODE ASSESSMENT
A review of the relevant Planning Scheme codes has been undertaken which confirms the
proposed development complies with all of the Acceptable and Performance Outcomes of the
applicable codes, with the exception of the below.
RURAL ZONE CODE
Performance Outcome Acceptable Outcome Response
PO2 AO2.4 As shown in the figure below,
Development does not result No sensitive land use is the site has a width of
in the loss or diminished established closer than 200 approximately 91m. In this
productive capacity of metres from land on an regard, it is not possible to
Agricultural Land adjacent property included achieve compliance with
Conservation Area. in the Rural zone and AO2.4.
mapped as A gricultural Land
Editor’s Note—Agricultural Land Conservation Area as shown
Conservation Areas are shown on in Agricultural Land Overlap
the Agricultural Land Overlay Maps
in Schedule 2 Maps in schedule 2.
Moreover, the mapped
Agricultural Land
Conservation Area shown is
land within a road reserve
and cannot be used for
agricultural purposes. In this
regard, it is considered that
the proposed development
will not result in the loss of
diminished productive
capacity of the mapped
Agricultural Land
Conservation Area and is
considered compliant with
PO2.
Setbacks AO8.4 The proposal does not
PO8 In addition to the achieve compliance with
Notwithstanding that circumstances of AO8.1, to AO8.4(2) and (3) (noting that
intensive rural activities may AO8.3 above, buildings and (1), (4) and (5) are not
need greater separation structures meet the applicable to this proposal).
distances, buildings and following minimum boundary
other structures are setbacks: As can be seen in the overlay
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appropriately sited and 1. 20 metres from a mapping below, the majority
designed to: property boundary of of the site is mapped as
1. avoid environmental adjoining land in the containing a Riparian Buffer
harm or nuisance to Environmental Area. The proposed
sensitive land uses, management and development does not result
including adverse conservation zone; in any vegetation clearing.
impacts on amenity 2. a distance greater than The applicant has registered
values, over and above the width of the riparian for the Land for Wildlife
what could reasonably buffer area shown on program and has recently
be expected in the rural Biodiversity, Waterways planted 100 new trees and
zone; and Wetland Overlay has removed the identified
2. avoid adverse impact on maps; weed species, with the aim to
ecologically important protect and enhance the
3. 10 metres from a road
areas including National existing vegetation and
frontage; and
Parks, watercourses, connectivity on site.
4. 10 metres from the side
and wetlands;
and rear boundaries or The development proposes a
3. mitigate risks associated 6 metres where the lot front setback of 9.29m to
with the use of area does not exceed 1 Middle Creek Road. The site
chemicals or air hectare, with the is afforded by a generous
pollutants; and exception that if the road reserve that is
4. avoid conflict with rural height of the building or considered to offset the
uses and activities on structure exceeds 9 minor encroachment and
adjoining properties. metres the setback to reduce the impact of the built
the side and rear form to the street frontage.
Editor's note- For uses that are boundaries is equal to
subject to impact assessment, twice its height in
required setback and separation
distances will vary with the scale metres.
and type of rural activity. Relevant
factors that will be taken into
account when determining
appropriate distances include the
type and scale of buildings and
structures proposed, the use of
buildings and structures,
construction methods, level of
containment and ventilation,
potential noise, odour or air
pollutant nuisance, topography,
climatic variables, existing
vegetation between land uses, and
a range of management practices
that can be employed to mitigate
off-site impacts.
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BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY CODE
Performance Outcome Acceptable Outcome Response
PO1 AO1.3 In accordance with Noosa
Development is sited and Where constructing a Council 2020 Overlay
designed to protect the dwelling house or Mapping, the proposed
physical and ecological community residence, development is located within
integrity and biodiversity of buildings and associated mapped ecologically
ecologically important areas structures are not located on important areas. The
through protection of: land identified as an area of proposed development is
1. existing habitat areas biodiversity significance on a located within a cleared area
and ecological linkages; Biodiversity, Waterways and with a minimum setback of
and Wetlands Overlay Map. approximately 27m to the
2. existing riparian northern boundary which
vegetation, waterways abuts Middle Creek (mapped
and wetland habitat waterway). The applicant, in
values. partnership with Land for
Wildlife, has recently planted
100 new trees and has
cleared weed species to
assist in the protection and
enhancement of the existing
environmental values on the
site.
PO6 AO6.1 As outlined above:-
The biodiversity and Development and clearing of
ecosystem values of vegetation does not occur ● The development
waterways, wetlands and within: does not propose any
adjacent riparian zones are 1. a r iparian buffer area; vegetation clearing;
protected by: 2. a w etland area; or ● The development is
1. avoiding any new located a minimum of
3. 10 metres either side of
development in a 27m to the northern
the centre line of other
riparian buffer area and boundary which abuts
waterways identified on
wetland area; Middle Creek;
a Biodiversity,
2. retaining aquatic and ● The applicant has
Waterways and
terrestrial habitat in planted 100 new trees
Wetlands Overlay Map.
riparian zones; and removed weed
species to promote
3. maintaining and
the rehabilitation of
enhancing wildlife
the mapped riparian
corridors and
buffer area and
connectivity along
improve connectivity
watercourses and
of existing
drainage lines for native
environmental
fauna movement;
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4. avoiding edge effects features and corridors
and damage from on the site.
adjacent land uses;
5. maintaining stream
integrity and bank
stability by minimising
bank erosion and
slumping;
6. maintaining water
quality through filtering
sediments, nutrients
and other pollutants;
and
7. removing pest species
and replacing them with
local native species.
REGIONAL INFRASTRUCTURE OVERLAY CODE
Performance Outcome Acceptable Outcome Response
PO5 AO5 Table 8.2.9.3A recommends
Development maintains an Development complies with a separation distance to the
adequate separation distance the separation distances by existing waterway (Middle
and avoids areas of potential stream order as specified in Creek) which differs to the
flood inundation to protect Table 8.2.9.3A minimum requirement of
waterways or water supply 10m as outlined in the
sources. Biodiversity, Waterways and
Wetlands overlay code. The
development exceeds the
minimum requirements
outlined in the Biodiversity,
Waterways and Wetlands
code. An on-site effluent
disposal system will be
implemented in accordance
with a future plumbing
approval that can comply
with the necessary setback
requirements. No further
assessment is considered
necessary.
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OVERLAY
Overlay Compliance
In accordance with Noosa Council 2020
Overlay Mapping, the proposed
development is located within mapped
ecologically important areas. The
proposed development is located within
a cleared area with a minimum setback
of approximately 27m to the northern
boundary which abuts Middle Creek
(mapped waterway). The applicant, in
partnership with Land for Wildlife, has
recently planted 100 new trees and has
cleared weed species to assist in the
protection and enhancement of the
existing environmental values on the
site.
The proposal is for a dwelling house
and secondary dwelling. Sufficient
water tanks and fittings will be
provided for fire fighting purposes. No
further assessment is required.
The proposed development is located
outside of mapped areas. No further
assessment is required.
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The proposed development is
considered to maintain an adequate
separation distance to Middle Creek in
accordance with the requirements in the
Biodiversity, Waterways and Wetlands
overlay code.
We thank the Council on behalf of the applicant for assessing the above application. Based on
the information provided in this application we respectfully request that Council proceed to
commence their assessment and approve the development subject to reasonable and relevant
conditions.
Please do not hesitate to contact me directly on 0404 924 160 to discuss.
Yours faithfully,
Adapt Planning Pty Ltd
Tiani Boulton
Senior Town Planner
E: [email protected]
M: 0404924160
A: PO Box 7618 Sippy Downs QLD 4556
W: a
daptplanning.com.au
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