Delegated Report - Code - Planning MCU20 0154

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU20/0154
Applicant	Stroud Homes
Proposal	Material Change of Use - Dwelling house
Properly Made Date	10 December 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	22 February 2021
Report Completed Date	18 February 2021
Report Reviewed By	Glen Conforti

PROPERTY DETAILS
Property Address	38 Butcherbird Lane Ridgewood Qld 4563
RP Description	Lot 31 RP 223265
Land Area	29560.000 m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity, Waterways and Wetlands (Biodiversity Significance, Riparian Buffer, MSES, Waterways) Bushfire Hazard (Medium Potential Bushfire Intensity and Potential Impact Buffer) Landslide Hazard Regional Infrastructure (Water Resource Catchment)
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 and an open kitchen/living/dining area.
The application was triggered due to a proposed reduced boundary setback and non-compliance with Acceptable Outcome AO2.4 of the Rural Zone Code, which states ‘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 Overlap Maps in schedule 2’. The
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations (east, south, west, north)
site details
Site Description
The site is a 2.95 hectare rural zoned lot. The site is setback approximately 311m from Cooroy Belli Creek Road, and is accessed via an access easement (known as Butcherbird Lane) over the adjoining lot to the south. As such, the site has no road frontage. The site slopes from the eastern (road) boundary down to the western boundary, and is mapped with Biodiversity and Riparian Buffer across a majority of the lot.
Surrounding Land Uses
The subject site is located in a rural zoned area and is surrounded by rural zoned lots. The adjoining lot to the south is burdened by an access easement servicing the subject site and adjoining lot to the north (Lot 30 on RP223265).
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; and
Low Density Residential Housing Code.
The subject site is located in Ridgewood and is zoned Rural. 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 metres	2 storeys max 8 / 9 metres	1 storey 5.1 metres	
Site cover	N/A	N/A	N/A
Gross floor area	500m² max	144m²	
Boundary setbacks Side (east) Side (north) Side (south) Rear	10 metres min 10 metres min 10 metres min 10 metres min	3.95 metres 177.0 metres 10 metres 155.0 metres	X
Roof Form Pitch Eaves	N/A N/A	N/A N/A	N/A N/A
Carparking	2 covered min	2 covered	
Agricultural Separation
Acceptable Outcomes AO2.4 and AO8.5 of the Rural Zone Code requires sensitive land uses to be a minimum of 200m from the ALCA on adjoining properties, so as not to compromise good quality agriculture land from the potential effects of sensitive land uses on neighbouring properties.
Lots located in proximity along the southern side of Cooroy Belli Creek Road, including the adjoining properties to the north of the subject site are similar in scale, with an area ranging between 2 and 22 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, and is considered to be low risk in terms of incompatible effects between sensitive land uses and genuine rural activities.  Most of the smaller lots in proximity to the subject site contain single dwelling houses.
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 5). Additionally and importantly, the subject site is heavily constrained by Biodiversity Significant and Riparian Buffer vegetation. As such, the dwelling house is proposed in the most appropriate area on the subject site without the removal of any further vegetation or any further significant earthworks.

Figure 5: ALCA land mapped 200m perimeter from house site

Figure 6: Mapped Biodiversity and Riparian Buffer
The siting of the dwelling is considered acceptable as it is not within 200m of rural activities on adjoining properties and is within the only area of the site that is flat, cleared of vegetation and not mapped as an area of biodiversity significance or riparian buffer.
Setback
Acceptable Outcomes AO8.4 of the Rural Zone Code requires buildings and structures to be setback a minimum of 10 metres from all boundaries. The proposal includes a 3.958m setback to eastern boundary.

Figure 7: Proposed setback to the western boundary

Figure 8: House site location
The dwelling is located on the only area of the site that is flat and clear of vegetation, with the lot steeply sloping down from the western edge of the house site. The dwelling is located adjacent to a 20m wide access handle, and as such, the reduced setback will not result in adverse impacts on amenity values of adjoining and surrounding residential uses and as discussed above, unlikely to negatively impact on any surrounding agricultural uses.
Additionally, the reduced setback will not result in conflict with rural uses and activities on adjoining properties, as the access handle will provide separation between the dwelling and the lot to the east.
Landscaping has be conditioned in order to provide screening to the dwelling from the access handle.
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 MCU20/0154 for a Material Change of Use - Dwelling house situated at 38 Butcherbird Lane Ridgewood Qld 4563 and described as Lot 31 RP 223265, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU20/0154
Street address:	38 Butcherbird Lane Ridgewood Qld 4563
Real property description:	Lot 31 RP 223265
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a 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
Job No. 20L031BU Sheet No. 2 of 08	-	Overall Site Plan, prepared by Stroud Homes	03/11/20
Job No. 20L031BU Sheet No. 3 of 08	-	Site and Drainage Plan, prepared by Stroud Homes	03/11/20
Job No. 20L031BU Sheet No. 4 of 08	-	Floor Plan, prepared by Stroud Homes	03/11/20
Job No. 20L031BU Sheet No. 5 of 08	-	Elevations, prepared by Stroud Homes	03/11/20
Job No. 20L031BU Sheet No. 7 of 08	-	Section XX, prepared by Stroud Homes	03/11/20
Currency Period
This development approval lapses if the use has not happened by 22 February 2027, unless an application to extend the currency period is approved by Council.
Building Height
The maximum height of the dwelling house must not exceed 9 metres above the ground level, provided that the pitched roof is the only part of the building which exceeds 8 metres above the ground level.
Nature and Extent of Use
The approved dwelling must be used in accordance with the Dwelling house definition under the Noosa Plan 2020.
Landscaping
Screening vegetation must be planted along the western boundary for a length of 25m in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 200mm and consist of native, endemic species with a mature height of not less than 3 metres and a maximum spacing of 3 metre centres.
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
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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