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Assessment Report

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                Noosa Planning
                    Scheme
               Assessment Report




               411 Black Pinch Road,
               Cootharaba QLD 4565



               Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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Table of Contents
1.0       Executive Summary ........................................................................................................................ 3
2.0       Introduction.................................................................................................................................... 4
3.0       The Proposal ................................................................................................................................... 5
4.0       Town Planning Assessment Framework ......................................................................................... 6
   4.1       State Legislation.......................................................................................................................... 6
      4.1.1         Planning Act 2016................................................................................................................ 6
      4.1.2         State Planning Policy (SPP) .................................................................................................. 6
      4.1.3         South East Queensland Regional Plan 2017 ........................................................................ 6
      4.1.4         State Development Assessment Provisions (SDAP) ............................................................. 7
   4.2       Local Government Legislation ..................................................................................................... 7
      4.2.1         Noosa Planning Scheme Provisions ..................................................................................... 7
5.0       Conclusion and Recommendations................................................................................................. 9
Appendix A – Code Assessment ............................................................................................................... 10
   Low Density Housing Code ................................................................................................................... 10
   Rural Zone Code ................................................................................................................................... 10




                             Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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1.0 Executive Summary
 Property Details
 Site Address:                         411 Black Pinch Road, Cootharaba QLD 4565
 Real Property Description:            1 SP 297286
 Landowner:                            Justine Oxley

 Planning Framework
 Planning Scheme:                      Noosa Planning Scheme
 Zone:                                 Rural
                                          •   Agricultural Land Conservation Area
                                          •   Biodiversity, Waterways and Wetlands Overlay
 Overlays:                                    (Biodiversity Sig, MES Env Values)
                                           • Bushfire (Medium Potential and Potential Impact)
                                           • Landslide Hazard
                                           • Low Density Housing Code
 Assessment Benchmarks:
                                           • Rural Zone Code
 Referral Triggers:                    Not Applicable

 Application Details
 Type of Application:                  Development Permit -Material Change of Use
 Current Use of Site:                  Vacant Land
 Proposed Use:                         Dwelling House
 Description of Development:           Dwelling House
 Category of Assessment:               Code Assessable

 Applicant Details
 Applicant:                            Justine Oxley c/- Fluid Building Approvals
 Contact Person:                       Lillian Lucas
 Email:                                [email protected]




                      Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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2.0 Introduction
This Noosa Planning Scheme Assessment Report has been prepared by Fluid Town Planning on
behalf of Justine Oxley, the owner of the property described above. This report supports the
application for a Development Permit - Material Change of Use.

In support of the application, the following documents are submitted for consideration by the
Assessment Manager:
           •   DA Form 1
           •   Landslide Hazard Report
           •   Bushfire Report
           •   Wastewater Report
           •   Effluent Disposal Report
           •   Proposed Plans
           •   Landowners Consent
           •   Assessment Report including Appendix A – Code Assessment




                   Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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3.0 The Proposal
This application is for a Development Permit - Material Change of Use for a Dwelling House. The
subject site is 411 Black Pinch Road, Cootharaba QLD 4565, (1 SP 297286). The site is located in the
Rural Zone.

The dwelling and carport are proposed to be within the most suitable location on the site. The
proposed development is located outside of the agricultural land overlay and the biodiversity,
waterways and wetland overlay – refer to the below images.

The dwelling is appropriately sized for the site and provides adequate setbacks to all boundaries to
ensure amenity and privacy of adjoining properties.
Included in this application is a landslide hazard report and bushfire report.

                                  Subject Site – Agricultural Land Overlay




  Only a small portion of the site is within the Agricultural Land Overlay, this is well clear of the proposed
     development area. The proposed dwelling does not reduce the ability for agricultural land to be
      protected. The owners should have the ability to establish a dwelling house to live on the site.
                    Subject Site – Biodiversity, Waterways and Wetlands Overlay




  Proposed development is outside of the Biodiversity, Waterways and Wetlands Overlay. The location of
 the proposed dwelling is optimum as it is outside of the overlay and protects the ecological values of the
                                                   site.


                     Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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4.0 Town Planning Assessment Framework
       4.1       State Legislation
           4.1.1      Planning Act 2016
The Planning Act 2016 identifies that a development approval is required for development
categorised as assessable development by a categorising instrument under the Act (Chapter 3, Part
1, section 43 - 44).
The development application is subject to code assessment, and therefore the assessment
benchmarks, and matters that the assessment manager must have regard to, are those identified
in section 45(3) of the Planning Act 2016 and sections 26 and 27 of the Planning Regulation 2017.
In accordance with the Planning Act 2016, an application must be assessed against the following
assessment benchmarks:

             •   State Planning Policy;
             •   Regional Plan;
             •   Planning Scheme;
             •   Temporary Local Planning Instrument;
             •   Planning Scheme Policy.

The proposal will be assessed in accordance with the Development Assessment Rules under
section 68(1) of the Planning Act 2016.


         4.1.2     State Planning Policy (SPP)
The State Planning Policy provides a comprehensive set of State interest statements and
assessment benchmarks in order to guide land use planning for both Local and State Government.

The State Planning Policy includes sixteen state interests that are arranged under five broad
themes:

             •   Liveable Communities and Housing;
             •   Economic Growth;
             •   Environment and Heritage;
             •   Safety and Resilience to Hazards; and
             •   Infrastructure

An assessment of the proposed development has been carried out and it has been determined that
the proposed development does not require further assessment against the State Planning Policy.



           4.1.3        South East Queensland Regional Plan 2017
The subject site is located within the South East Queensland Regional Plan 2017. The site is included
in the Urban Footprint of the South East Queensland Regional Plan. The intent of the Urban
Footprint is to accommodate the region’s urban growth needs and includes a range of urban uses
such as housing, industry, businesses, infrastructure, community facilities and urban open space.




                     Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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The Assessment Manager must refer to the Regional Plan if it is identified as being inadequately
reflected in the Planning Scheme. The South East Regional Plan is adequately reflected within the
Strategic Framework of the Planning Scheme.


           4.1.4        State Development Assessment Provisions (SDAP)
State Interest Mapping has been reviewed in accordance with the relevant requirements of the
Planning Act 2016. This review has confirmed that the proposed development does not require
referral to any referral, advice or concurrence agencies


       4.2     Local Government Legislation
          4.2.1      Noosa Planning Scheme Provisions
The development application requires code assessment under the Noosa Planning Scheme. The
table below details how the category of assessment and assessment benchmarks have been
determined. A summary of the assessment is provided together with references to additional
supporting information provided with this development application.
 Noosa Planning Scheme                Category of          Assessment Assessment/Notes
 Section                              Assessment           Benchmarks
 5.4 Prescribed      Level      of NA                      NA        No prescribed category of assessment
 Assessment                                                          is applicable.
 5.5 MCU                          Code due to Rural Zone Assessment against both the Rural
                                  non-compliance Code                Zone Code and Low-Density Housing
                                  with                               Code is required. Refer to Appendix A
                                  requirements       Low Density – Code Assessment for further details.
                                                     Housing Code
 5.6 ROL                          NA                 NA              No ROL is proposed.
 5.7 BW                           NA                 NA              No BW is proposed.
 5.8 OPW                          NA                 NA              No OPW is proposed.
 5.9 Overlays                     The site is affected by the following overlays:
 Agricultural                Land NA                 NA              The proposed development does not
 Conservation Area                                                   fall within the overlay, therefore
                                                                     assessment is not required.




                     Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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 Biodiversity, Waterways and NA                           NA                   The proposed development does not
 Wetlands             Overlay                                                  fall within the overlay, therefore
 (Biodiversity Sig, MES Env                                                    assessment is not required.
 Values)




 Bushfire (Medium Potential NA                            NA                   As the proposed development is for a
 and Potential Impact)                                                         Dwelling House, assessment is not
                                                                               required in accordance with the table
                                                                               of assessment.
 Landslide Hazard                    NA                   NA                   As the proposed development is for a
                                                                               Dwelling House, assessment is not
                                                                               required in accordance with the table
                                                                               of assessment.




                    Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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5.0 Conclusion and Recommendations
The proposal seeks a Development Permit - Material Change of Use for a Dwelling House.
In support of the application, this Noosa Planning Scheme Assessment Report and the associated
information has demonstrated that the proposed development complies with all relevant
assessment benchmarks (codes) of the Noosa Planning Scheme, including the:

                •   Low Density Housing Code
                •   Rural Zone Code

As the proposal complies with the assessment benchmarks, applicable under the Noosa Planning
Scheme , it is considered appropriate that this application be approved subject to reasonable and
relevant conditions for the Development Permit.

We look forward to receiving Council’s decision in relation to this application at your earliest
convenience.

Should you have any questions, please do not hesitate to contact this office.
Thank you in advance for your assessment of this application.

Yours Sincerely,

Lillian Lucas




                    Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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Page 10

Appendix A – Code Assessment
       Low Density Housing Code
       Rural Zone Code




                 Noosa Planning Scheme Assessment Report - 411 Black Pinch Road, Cootharaba QLD 4565

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