Delegated Report - Code - Planning MCU21 0001

Author	Maxwell Potter, Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0001
Applicant	Stroud Homes Sunshine Coast
Proposal	Material Change of Use - Dwelling house
Properly Made Date	11 January 2021
Information Request Date	or Not Applicable
Information Response Date	or Not Applicable
Decision Due Date	16 March 2021
Report Completed Date	16 March 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	297 Lawnville Rd Black Mountain Qld 4563
RP Description	Lot 4 SP 103522
Land Area	124800 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay;
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The dwelling house is a single storey house consisting of 4 bedrooms, two bathrooms, study, media room and an open kitchen/living/dining area.
The application was triggered due to not complying with AO2.4 of the Rural Zone Code, which states that ‘No sensitive land use is established closer than 200 metres from land on an adjacent property included in the Rural zone and mapped as Agricultural Land Conservation Area as shown in Agricultural Land Overlay Maps in Schedule 2’ for the latter.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations 1 & 2

Figure 5 – Elevation 3 & 4
site details
Site Description
The site is a 12.48 hectare irregular shaped rural lot in the Black Mountain locality. The site fronts Lawnville Road and shares common boundaries with 5 other rural lots.
The topography of the lot majority consists of steep slopes rising towards the centre of the lot. The site mostly contains regulated vegetation throughout the lot along with a waterway and riparian buffer area that is mapped towards the eastern property boundary. The proposed development footprint is located in the northern section of the lot, in which an area that only consists of a slight slopes within a cleared area, and has an existing driveway connecting the cleared area to Lawnville Road.
Majority of the site is constrained by: Biodiversity, Riparian Buffer, Landslide Hazard, Bushfire Hazard, and a waterway. However, the proposed development footprint is located outside constraint areas.

Figure 8: Site Contours
Surrounding Land Uses
The subject site is surrounded by rural lots that are used primarily for residential purposes. The surrounding area contains extensive vegetation that mixes with some areas identified as part of the agricultural overlay.
assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Low Density Residential Housing Code; and
Works Code.
The subject site is located in Black Mountain and is zoned Rural. The proposed use is identified as a consistent use within the zone, however due to the single non-compliance with the Rural Zone Code it is required to submit a code assessable development application for the use.
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 metres	2 storeys max 8/9  metres	1 storey 5.1 metres	
Site cover	NA	NA	NA
Gross floor area	500m² max	241.90 m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	54.00 metres 81.79 metres 185.13 metres 210.43 metres	
Roof Form Pitch Eaves	N/A N/A	N/A N/A	N/A N/A
Carparking	2 covered min	2 covered	
Rural Zone Code
The development is generally in accordance with the Rural Zone Code with only one non-compliance with AO2.4.
Acceptable Outcome AO2.4 requires sensitive land uses to be a minimum of 200m from adjoining properties that are mapped within the Agricultural Land Conservation Area (ALCA), illustrated on the Agricultural Land Overlay Map. The performance outcome (PO2) requires that the proposed development does not result in the loss or diminished productive capacity of the Agricultural Land Conservation Area.
Figure 11 demonstrates that it would be difficult to development a dwelling house with a setback a minimum of 200m from the adjoining properties subject to ALCA.
Lots located within a proximity exhibit an area ranging between 1 and 40 hectares, with undulating topography and substantial areas of mapped biodiversity and riparian buffer areas. The capacity for intensive or large scale agricultural use is substantially reduced on land with such constraints.al activities. A substantial number of the smaller lots in proximity to the subject site contain single dwelling houses.
A desktop analysis of existing aerials indicates no rural activities are being carried out on ALCA land mapped within 200m of the dwelling house site (refer to Figure 11).

Figure 9: Mapped Biodiversity and Riparian Buffer
Figure 10: Mapped Biodiversity and Riparian Buffer
Figure 11: ALCA land mapped 200m perimeter from house site
The siting of the dwelling is considered acceptable as the adjoining properties within a 200m radius of the proposed dwelling house appear to not be conducting rural activities, along with the existing vegetation acting as a vegetation buffer between the proposed dwelling house and adjoining properties. Therefore, the proposed development is decided to not cause a loss or diminished productive capacity of the ALCA.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 MCU21/0001 for a Material Change of Use - Dwelling house situated at 297 Lawnville Rd Black Mountain Qld 4563 and described as Lot 4 SP 103522, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0001
Street address:	297 Lawnville Rd Black Mountain Qld 4563
Real property description:	Lot 4 SP 103522
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Dwelling house
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
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
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.	Issue	Plan/Document Name	Date
Job No. 20L027LA Sheet No. 2 of 12	5	Overall Site Plan, prepared by Stroud Homes	08/03/21
Job No. 20L027LA Sheet No. 4 of 12	5	Site and Drainage Plan, prepared by Stroud Homes	08/03/21
Job No. 20L027LA Sheet No. 5 of 12	5	Floor Plan, prepared by Stroud Homes	08/03/21
Job No. 20L027LA Sheet No. 6 of 12	5	Elevations 1 & 2, prepared by Stroud Homes	08/03/21
Job No. 20L027LA Sheet No. 7 of 12	5	Elevations 3 & 4, prepared by Stroud Homes	08/03/21
Currency Period
This development approval lapses if the use has not happened within 6 years, unless an application to extend the currency period is approved by Council.
Earthworks
Any earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP6 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
A separate water supply for fire fighting purposes must be provided for the premises, which must  include:
an accessible dam, swimming pool or water tank with an onsite water volume of not less than 5,000 litres; and
a water supply outlet pipe 50 millimetres in diameter fitted with a standard fire brigade fitting connected to the water supply (other than where the water supply is in a swimming pool or dam).
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's DA Planning Section to arrange a Development Compliance Inspection.
Waste Water Treatment and Disposal System
The establishment of a waste water treatment and disposal system for the site requires a Compliance Permit to be obtained from Council under the Plumbing and Drainage Act 2002. The system must be designed in accordance with the Queensland Plumbing and Wastewater Code (Department of State Development and Infrastructure & Planning, 2007) and Australian Standard AS/NZS1547: 2000 “On-site Domestic Wastewater Management” or an alternative solution approved through Council’s Building and Plumbing branch. Where a development exceeds the accommodation or use of 21 or more equivalent persons a copy of an Operator’s Licence from the relevant State will also be required.
Sustainability
In line with Noosa Council’s Corporate Plan, Council seeks to encourage sustainable building design for residential and commercial development. Council encourages the use of sustainable building materials, energy efficient fittings, solar hot water, photovoltaic systems (including the use of inverter/charges), water saving devices and rainwater harvesting. For further information go to http://www.noosa.qld.gov.au/sustainable-homes
Infrastructure Charges
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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