Delegated Report - Code - Planning MCU20 0064

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0064
Applicant	Project BA
Proposal	Material Change of Use - Detached House
Properly Made Date	14 July 2020
Information Request Date	17 August 2020
Information Response Date	2 September 2020
Decision Due Date	9 October 2020
Report Completed Date	8 October 2020
Report Reviewed By	Glen Conforti 9 October 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	5 Figbird Ct Lake Macdonald Qld 4563
RP Description	Lot 3 on SP266744
Land Area	2.2440 Hectares
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Cooroy and Lake Macdonald
Zone	Split – Rural Residential and Rural
Overlays	Biodiversity (Environmental Protection Area and Riparian Buffer Area) Natural Hazards (Bushfire Hazard) Natural Resources (Water Supply Catchment)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use for a Detached House located within the Riparian Buffer Overlay. The proposed Detached House is comprised of a 324m2 five bedroom, single storey dwelling and 58m2 of outdoor area.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations (north, west, east, south)
site details
Site Description
The site is a 2.24 hectare split zoned rural residential and rural zoned lot, located approximately 5km from the Cooroy town centre. The site is grassed and partially cleared of vegetation, with the remaining vegetation predominatly being located along the front and rear boundaries. The rear boundary of the property adjoins Lake Macdonald.
Surrounding Land Uses
The subject site is located within an area characterised by rural and rural residential allotments. The site adjoins Lake Macdonald to the south, mapped as Open Space Conservation zone.
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 following codes from the Noosa Plan are applicable to this development:
Cooroy & Lake Macdonald Locality Code;
Detached House Code;
Biodiversity Overlay Code; and
Natural Resources Overlay Code.
The subject site is located in the Cooroy & Lake Macdonald Locality and is a split zoned lot, being Rural and Rural Residential, with the dwelling located within the Rural Residential zone. 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 cover	45% max	1.7 %	
Building height storeys metres	2 storeys max 8 metres	1 storey 4.75 metres	
Boundary setbacks Frontage Side (west) Side (east) Rear	6 metres min 6 metres min 6 metres min 6 metres min	66.5 metres 15 metres 34 metres 165 metres	
Carparking	1 uncovered min	1 uncovered	
Riparian Buffer Area
The development encroaches into the Riparian Buffer Area on an unvegetated, grassed area in the northern portion of the lot (refer to Figure 5).

Figure 5: Approximate location of dwelling in Riparian Buffer Area
Specific Outcome O5 of the Biodiversity Overlay Code seeks to avoid new development in the Riparian Buffer Area; specifically, a detached house is 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.
There is sufficient area outside the riparian buffer for the dwelling construction, however the applicant states:
‘the proposed dwelling is deliberately sited on a previously-levelled area such that there is no requirement for bulk earthworks nor any damage to remaining native vegetation for structural, bushfire management or wastewater treatment purposes.’
The proposed house site is cleared of vegetation, and therefore does not require the removal of any riparian habitat, and is located approximately 165m from the rear boundary and 185m from Lake Macdonald’s water edge to the south. Given the lack of vegetation within the buffer area, combined with the distance to the waterway, it is considered the buffer area is unlikely to be additionally compromised by the proposed development.
The applicant does not propose any rehabilitation works, however rehabilitation works will be conditioned in accordance with Planning Scheme Policy PSP2 Landscaping Plants and Guidelines and riparian rehabilitation best practise. The works are to be located on the southern portion of the property to ensure adequate protection and enhancement of the waterway.
Environmental Protection Area
The road boundary of the subject site is mapped as Environmental Protection Area (refer to Figure 6). An existing cleared driveway exists to the subject site, though the protected vegetation that runs parallel with the front boundary. The existing driveway raises no concern and is conditioned to comply with relevant standards.

Figure 6: Environmental Protection Area along road boundary
Specific Outcome O22 of the Detached House Code requires that effluent disposal does not have a significant adverse effect on biodiversity, natural vegetation or water quality. The Information Request Response included a site evaluation report by iDesign Wasterwater Solutions which indicated the location of the land application area of the proposed onsite effluent is within the mapped Environmental Protection Area (refer to Figure 7). The proposed disposal area has been reviewed by Council’s Ecologist who has no concerns with the proposed disposal area. The development will be conditioned to ensure the Land Application Area is maintained to ensure survival of plants and adequate mulch cover is sustained.

Figure 7: Land application area
ENGINEERING COMMENTS
A recent site inspection found that the access driveway through the vegetation at the front of the site had been completed. The location is generally in accordance with the submitted plans. The driveway has a gravel formation which is generally acceptable within the site but the portion within the road reserve would need to be upgraded to be in accordance with Council’s standard drawings. A relevant condition has been included.
noosa plan 2020
Under the Noosa Plan 2020, the subject site is zoned entirely as Rural. The Biodiversity Overlay – Riparian Buffer Area is mapped over a larger portion of the subject site, however given the specifics of the site and locality, as detailed in the above assessment, it is not considered that any change to the assessment or recommendation would result under the Noosa Plan 2020.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Ecologist, Development Assessment
Engineering Coordinator, Development Assessment
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 MCU20/0064 for a Material Change of Use - Detached House situated at 5 Figbird Ct Lake Macdonald Qld 4563 and described as Lot 3 on SP266744, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0064
Street address:	5 Figbird Ct, Lake Macdonald Qld 4563
Real property description:	Lot 3 on SP266744
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for a Material Change of Use - Detached 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
D-BJB2 Sheet 1 of 18	C	Site Plan, prepared by Ausmar Custom Build	25-03-20
D-BJB2 Sheet 2 of 18	C	Floor Plan, prepared by Ausmar Custom Build	25-03-20
D-BJB2 Sheet 3 of 18	C	Dimension Plan - North, prepared by Ausmar Custom Build	25-03-20
D-BJB2 Sheet 4 of 18	C	Dimension Plan - South, prepared by Ausmar Custom Build	25-03-20
D-BJB2 Sheet 5 of 18	C	Elevations, prepared by Ausmar Custom Build	25-03-20
D-BJB2 Sheet 7 of 18	C	Sections, prepared by Ausmar Custom Build	25-03-20
Building Height
The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground surface.
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 9 October 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $5,000.00 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 in the following instalments on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit:
$2000.00 returned upon completion of Condition 9a;
$2000.00 returned upon completion of Condition 9b; and
$1000.00 returned upon completion of all conditions.
Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
A minimum of 20% of the site must be retained as soft landscaping.
Rehabilitation
Existing trees on the site and within road reserves must be retained.
Rehabilitation Works must be undertaken in accordance with Planning Scheme Policy PSP2 Landscaping Plants and Guidelines and riparian rehabilitation best practise. In this regard a Landscape Plan must be submitted to Council prior to the issue of the Development Permit for Building Works. The Landscape Plan must include the following:
rehabilitation works to the area covering 25m from the south east boundary (Lake Macdonald boundary) measuring approximately 1900m2;
planting density must be 1 tree at 3m centres and shrubs at 2m centres, with tree species representing at least 30% of the total plants;
plant species generally found in regional ecosystems 12.3.1, 12.3.2, 12.3.5 or native species naturally occurring in the local area;
75mm tube stock (pot size) plants;
mulch applied to each plant;
allow for maintenance access.
Rehabilitation works must meet the following Performance Criteria for:
Year One – 12 months after installation:
Planted trees have achieved an average height of 1m.
Planted shrubs have achieved an average height of 0.4m.
Upon compliance of the year one criteria 20% ($2,000) of the performance bond may be requested to be returned.
Year Two - 24 months after the installation:
Planted trees have achieved an average height of 2m.
Planted shrubs have achieved an average height of 1m.
Upon compliance of the year two criteria 20% ($2,000) of the performance bond may be requested to be returned.
Year Three - Final acceptance installation:
Planted trees have achieved an average height of 3m.
Planted shrubs have achieved an average height of 1.2m.
Canopy and / or vegetative strata must not be devoid for any area greater than 1.0m2 within any 10m2 sample.
Plant density shading out and/or self-mulching.
The duration of the establishment period:
Adherence to a maintenance regime for rehabilitation and revegetation areas
No evidence of woody weeds reshooting from stumps, poisoned trees or the regrowth of cut stumps.
No evidence of over-weeding or impact on non-target species
Weed infestations less than 5% of the rehabilitation areas.
Any failed plants within the previous 12 month period have been replaced.
Healthy and vigorous growth allowed to grow to full form.
Mulch layer sufficient to suppress weeds.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
The Land Application Area is to be maintained to ensure survival of plants and adequate mulch cover is sustained.
Driveway
A residential driveway must be constructed between the existing kerb and channel in Figbird Court to the property boundary. The works must be undertaken in accordance with a road reserve permit issued by Council and be generally in accordance with Council’s standard drawings and any associated addendum.
No removal of vegetation is permitted unless otherwise approved in writing by Council. Existing trees on the site and within the road reserve must be retained, except where required to be removed to accommodate the approved driveway.
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.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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:
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
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.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
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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Proposed driveway
(indicatiyé position) arth Safe SC HEL
D10 (concrete)
TPA#03/2019

In-ground concrete
water tanks.

with amenities

   

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// Land Application Area
240m? Fixed Sprinklers
See detail below.

Slope 5%

Proposed 5
bedroom dwelling