Delegated Report - Code - Planning MCU20 0087 · MCU20/0087

Author	Development Planner, Lisa Pienaar
	Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0087
Applicant	Noosa Building Certifiers
Proposal	Material Change of Use - Dwelling house
Properly Made Date	1 September 2020
Information Request Date	N/A
Information Response Date	N/A
Decision Due Date	6 November 2020
Report Completed Date	15 October 2020
Report Reviewed By	Patrick Murphy
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	199 Maximillian Rd Noosa North Shore Qld 4565
RP Description	Lot 9 MCH 1714
Land Area	28020 m²
Existing Use of Land	Dwelling and shed

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Noosa North Shore
Zone	Rural Residential
Overlays	Land subject to Acid Sulfate Soils – Area 1 & 2 Biodiversity, Waterways and Wetlands overlay (Biodiversity and Riparian Buffer) Bushfire Hazard (High and Medium Potential) Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house to be located in the Biodiversity/Riparian Buffer area.  The new dwelling is to be located approximately 80 metres from the property boundary adjoining Noosa River, in an existing generally cleared area.  It is proposed to be a 5 bedroom, 2 storey dwelling, with some under-croft areas. It includes an above ground swimming pool.   One tree in the clearing is to be removed to facilitate the siting of this dwelling.
The site’s existing dwelling is proposed to be converted for use as a secondary dwelling through opening up the currently enclosed decks, resulting in a gross floor area of just under 65m2.   It is proposed to relocate this building to the higher side of the property and set it back approximately 57 metres from the rear property boundary.  Currently this dwelling is sited closer to the river (after being moved previously), but will be moved to the higher side of the property and re-stumped, around 21 metres away from the new dwelling.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan – main dwelling

Figure 4 – Floor Plan – secondary dwelling

Figure 5 – Elevations – Main dwelling

Figure 6 – Elevations –secondary dwelling
site details
Background
Two pre-lodgement meetings have occurred with regard to a new dwelling proposed on this site.  One proposal in 2018 was for a 3 storey dwelling for which Council officers indicated there would be no support for.
The second proposal in 2019 was for a new dwelling and preserving the existing dwelling for a secondary dwelling.
A Development Permit for Building works for a shed in the riparian buffer area was issued 11 December 2018.
Site Description and surrounding land uses
The site is located on north western side of the Noosa North Shore, adjacent to Lake Cooribah. The Noosa North Shore Retreat and Tourist Park is located to the east of this site.  Sites to the north and south of this site are heavily treed and undeveloped.
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
The Noosa Plan.

The site is located in the Koala priority area and Core koala habitat area, the new and secondary dwelling are located outside of the Core koala habitat area and 1 tree is proposed to be removed to facilitate the dwelling within the koala priority area.  This tree is identified as a Glochidion ferdinandi (Cheese tree), which is a common species in South East Queensland and is not a koala food tree.
That aside, under the new South East Queensland Koala Conservation Strategy 2019-2024 mapping, the site has mapped koala habitat areas. In this instance no referral is required to SARA as the additional tree removal equates to the removal of less than 500m2 of koala habitat area and is therefore exempted development as defined by Schedule 24 of the Panning Regulation. It noted that the koala habitat area does not apply to the entire site and accordingly it is only the tree between the carport and dwelling which is included in the koala habitat area, the trees adjacent to the effluent disposal area are outside of the mapped koala habitat area.
The eastern part of the site is also affected by the erosion prone area and medium and high storm tide inundation.  The proposed dwellings are situated outside of this area.
The following codes from the Noosa Plan are applicable to this development:
Tewantin Local Plan Code
Rural Residential Zone Code
Low Density Housing Code
Biodiversity, Waterway and Wetlands Overlay Code
Bushfire Hazard Overlay Code
Flood Hazard Overlay Code
The subject site is located in the Tewantin Locality (Noosa North Shore) 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
Site Area	Not applicable	27,995.9m²	
Site cover	50/30% or 40/40%	Less than 1.5% of site area (including existing shed)	
Gross Floor area	Max 500m2	356m2 (plus existing shed 128m2)	
Soft landscaping	min 20% of site area	More than 20% of site area	
Building height storeys metres	2 storeys max 8 metres	2 storey 7.63 metres (highest point of roofline)	
Boundary setbacks Frontage Side (north) Side (south) Rear	10 metres 15 metres 10 metres 40 metres from mean high water spring (MHWS)	70 metres and greater 132 metres and greater Main dwelling 11.5 metres Secondary dwelling 10 metres Main dwelling 84 metres from rear property boundary or 100 m to MHWS Secondary dwelling 57 metres or 68m to MHWS	

Riparian Buffer Area and Environmental Protection
Probable Solution S5.1 of the Biodiversity Overlay Code seeks for development to be located outside the riparian zone and setback a suitable distance from the watercourse having regard to the development constraints of the property and the need to protect environmental and riparian values.
The majority of the site with the exception of a very small portion of the lot at the south eastern corner is affected by the Riparian Buffer Area.  The site is also identified as an area of Biodiversity significance. The dwellings are proposed in an area generally already clear of vegetation.
The proposed dwellings location is reasonably setback from the Lake Cooroibah waterway frontage, as such is unlikely to impact aquatic and terrestrial habitat, will maintain wildlife corridors, and will unlikely impact the water quality of the adjacent waterway.
The proposed location of the dwellings respond to these constraints and maintains a reasonable setback from the adjoining Lake Cooroibah/Noosa River waterway. Councils Environment officer raised no concern with the proposed location of the dwelling.  There would not be any need for any potential future vegetation clearing surrounding the structure that may occur (10 metres exempt clearing).
The location of the proposed main dwelling will necessitate the removal of a Glochidion ferdinandi (Cheese tree) which is the only tree located in the clearing (Refer to Figure 7). This tree is a pioneer species which is common in South East Queensland. It was evident at the site inspection that the tree was not in good health.  Council’s Environmental officer indicated there is no issue with the removal of the tree.  However, it is proposed to include a condition to require the applicant to plant 2 native trees at the south western portion of the site to offset the Cheese tree removal, given the site is located in the riparian buffer area.

Figure 7 – tree to be removed
Flood and Bushfire Hazard
Both dwellings are located outside of the flood hazard overlay area and are significantly setback from Noosa River.  They are proposed to be located in the cleared area of the site.
The site is identified as being high and medium bushfire hazard. The dwellings are to be located in the cleared area of the site and there will be a condition placed on the approval requiring the premises to have an accessible dam, swimming pool or water tank with at least 5,000 litres and an appropriate water supply outlet fitting for firefighting purposes. It is noted that the applicant proposes to build a swimming pool.
Cut and Fill
Acceptable outcome AO11.3 of the Rural Residential Zone code requires any cut or fill on sloping sites to be less than 1.5 metres in depth relative to natural ground level and that slab on ground construction is avoided.  The location of the dwelling results in a 2.5 metre cut to facilitate the lower level of the dwelling and sit the dwelling into the slope of the land. Refer to Figure 8.

The corresponding Performance outcome PO11, in the Rural Residential code seeks that the landscape character and visual amenity of hillslopes are maintained, that the development is visually responsive to the topography of the site, minimising cut or fill as it steps down the slope and that appropriate materials and finishes are used that complement the landscape and skyline.

The proposed dwelling is to be cut into the slope, resulting in the top storey being above the natural ground level, presenting as a dwelling nestling into the slope.  Only part of the top level of the building will be visible from Lake Cooribah. The dwelling is to be located on the most appropriate part of the site with regard to constraints.  The proposal will be conditioned to ensure natural materials and colours of the dwelling are used and that any undercroft areas exceeding 1.5 metres in height are screened with landscaping or battens, although the undercroft areas will not be visible external to the site.  For these reasons, there are no issues associated with the proposed siting and cut.

The site is located within the Acid Sulfate Soils Overlay area (Areas 1 & 2).  The dwellings are to be located in Area 1 – above 5 metres AHD to 20 metres AHD.  The Overlay Code seeks to avoid disturbance of acid sulfate soils. The maximum cut area required to site the dwelling is 2.5 metres which is unlikely to impact on acid sulfate soils.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
A discussion occurred with Environment Officer and Manager of Development Assessment with regard to requirements for rehabilitation for this proposal in the riparian buffer area.  It was decided that given the applicant proposes to remove 1 tree to facilitate a dwelling, that it would be appropriate to require planting of 2 native trees within the south western portion of the property.  Council’s Environment officer has recommended an appropriate condition to be included in the approval.

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 MCU20/0087 for a Material Change of Use - Dwelling house situated at 199 Maximillian Rd Noosa North Shore and described as Lot 9 MCH 1714, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0087
Street address:	199 Maximillian Rd Noosa North Shore Qld 4565
Real property description:	Lot 9 MCH 1714
Planning Scheme:	Noosa Plan 2020 (31 July 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.	Rev.	Plan/Document Name	Date
Main Dwelling
Sheet 1	3	Site Plan, prepared by Christopher Design Group	29/7/2020
Sheet 2	3	Lower Floor Plan, prepared by Christopher Design Group	29/7/2020
Sheet 3	3	Upper Floor Plan, prepared by Christopher Design Group	29/7/2020
Sheet 4	3	Elevations One & Two, prepared by Christopher Design Group	29/7/2020
Sheet 5	3	Elevations Three & Four, prepared by Christopher Design Group	29/7/2020
Sheet 15	3	Section 1, prepared by Christopher Design Group	29/7/2020
Sheet 16	3	Section 2, prepared by Christopher Design Group	29/7/2020
Sheet 17	3	Section 3, prepared by Christopher Design Group	29/7/2020
Sheet 19	3	Section 5, prepared by Christopher Design Group	29/7/2020
Secondary Dwelling
Sheet 1 of 6	-	Northwest and Southeast view (elevations), prepared by Accolade Building Designs	31 July 2020
Sheet 2 of 6	-	Floor Plan , prepared by Accolade Building Designs	31 July 2020
Sheet 3 of 6	-	East, West, North and South Elevations, prepared by Accolade Building Designs	31 July 2020
Sheet 4 of 6	-	Section A and Bearer, prepared by Accolade Building Designs	31 July 2020

Currency Period
The Currency Period for this development approval lapses if the use has not happened by 18 October 2026, unless an application to extend the currency period is approved by Council.
Nature and Extent of Use
The Dwelling house, including the approved secondary dwelling, must be used in accordance with the Dwelling house definition under the Noosa Plan 2020.
The premises must not be used as Dual occupancy, Multiple dwelling and/or Short-term accommodation or any other residential use as defined by the Noosa Plan 2020, except a Dwelling house.
Performance Bond
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.
Building Height
The maximum height of the dwelling must not exceed 8 metres above the finished ground level and the natural ground level.
Building appearance
External colours and finishes of the building, including roof, must comprise of muted/environmental tones that blend with the natural environment.
Any building undercroft areas exceeding 1.5 metres in height are to be screened with landscaping or battens.
Landscaping
Existing trees on the site and within road reserves must be retained. This is with the exception of one Cheese tree where the new dwelling is to be sited. This may be removed to accommodate the dwelling.
Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Prior to occupation of the main dwelling, 2 x 45L native trees are to be planted in the south western portion of the site and maintained for the life of the development.
Bushfire
The site must be provided with a water storage reservoir having a minimum 5,000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank.  If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles.
Drainage and Earthworks
All cut (and fill) must not exceed the depth indicated on the approved plans, relative to natural ground level.
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 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.

Stormwater
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.

referral agencies
Not applicable.
Advisory notes
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
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
Nature Conservation Act
It is the responsibility of the applicant to ensure compliance with the Nature Conservation Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act. Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/ or by calling the Department of Environment and Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species Management Plan prior to any activities that tamper with any place that is being used by a native animal for breeding activities. This is regulated by Section 332 of the Nature Conservation Wildlife Management Regulation 2006. Further information regarding this matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/species-management-program/ or by calling the Department of Environment and Heritage Protection on 1300 130 372.

property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building works
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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Tiled Deck Roofed : 20.20 Sq.m. (not including non roofed deck areas - approx 37.8 Sqm.)
Carport & Portico : 58.46 Sa.m.
Total Upper Floor Roofed Areas : 322.01 Sq.m.
Total Lower & Upper Floor Areas : 369.71 Sq.m. (plus undercroft and non roofed areas)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

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