Development Application Part 2 of 2 Planning Report MCU11/0178

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                 Town Planning Report
                    In Support of a

                 Development Permit
     for a Annexed Unit (Multiple Housing Type 1)


L      332 Black Mountain Road, Black Mountain

                       July 2011




Prepared For Simon and Heidi Cronin

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                         Table Of Contents

1.0   Executive Summary
      1.1   Site Details
      1.2 The Proposal
      1.3 Supporting Documentation
      1.4 Contact Information

2.0   Site Characteristics
      2.1   Site Context and Locality
      2.2 Vegetation

3.0   The Proposal
      3.1   Proposal Description

4.0   Statutory Planning
      4.1    Sustainable Planning Act
      4.2 Referral Agencies
      4.3 State Planning Policies
      4.4 Planning Scheme Codes

5.0   Conclusion

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1.0 EXECUTIVE SUMMARY

1.1 Site Details
       Address                       332 Black Mountain Road, Black Mountain

       Property Description          Lot 2 on RP200503

       Registered Owner              Simon and Heidi Cronin

       Applicant                     The Certifier Pty Ltd

       Local Authority               Sunshine Coast Regional Council

       Total Site Area                110,500m2

       Existing Use                   House

       Proposal                       Multiple Housing Type 1 Relatives or Employees

       Area Designation               Mary River Cacthment Locality -Rural Zone



1.1    The Proposal

The Proposal Seeks to develop an annexed dwelling unit on 332 Black Mountain Road,
Black Mountain for an employee to look after the owner's cattle farm. Under the Noosa
Planning Scheme this is identified as Multiple Housing Type 1 Relatives or Employees.

       "Means the use of premises for a dwelling unit which is annexed to an
       existing Detached house on the premises where the annexed dwelling
       unit is occupied by a relative or employee of the resident owner of the
       Detached house."


Under the Rural Zone for the Mary River Catchment Locaility; multiple housing type 1 is
code assessable and as part of this planning application will address the Detached
House Code. Further to this, there is three known overlays on the property which are
identified as:

       Bushfire Hazard Overlay
       Landslide Hazard Overlay
       Environmental Protection Area Overlay

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It must be noted however that none of the overlays are applicable to the development
application for the reasons of:

      1. Under the planning scheme Part 13, Division 8 - Assessment tables for Natural
         Hazard and Natural Resource Overlay 13.6 - "Bushfire Hazard and Landslide
         Hazard; States residential uses except detached house, Ancillary unit and
         Multiple housing type 1. This was reconfirmed with Council whom advised that
         Bushfire Hazard and Landslide Hazard would not be applicable to this
         development application as stated within the assessment tables.
      2. It was also confirmed that the overlay for Environmental Protection Area would
         not be applicable as there is a vast distant between the EPA area and the
         Location of the Annexed Unit meaning no interference with vegetation or
         hindrance to the EPA will occur.

The proposal is beneficial to the owner and his business due to the fact that by
providing an annexed dwelling unit for the employee (farm manager) to live on site and
take care of the cattle farm will ensure efficiency and 24-hour management within the
business




1.2      Development Application
Under SPA 2009 and the Noosa Planning Scheme, the application is considered to be
Code Assessable.

Development Permit                     Residential Use (Multiple Housing Type 1)



1.3      Supporting Documentation
The following documents have been enclosed to support the subject application;

               DOCUMENT                                  AUTHOR
IDAS Application Forms                    The Certifier Pty Ltd
Site Plan & Layouts                       Simon Cronin
Code Assessment                           The Certifier Pty Ltd

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1.4     Contact Information
The primary contact for this application is:

        Andrew Malouf
        Town Planner
        The Certifier Pty Ltd
        PO Box 368
        Cleveland, 4163
        Ph: 3821 8703
        Email: [email protected]

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2.0 SITE CHARACTERISTICS

2.1     Site Context and Locality
The subject site is located on land at 332 Black Mountain Road, Black Mountain. The
site currently contains an existing house on the site with the opportunity to provide an
annexed dwelling unit for the purpose of housing an employee to manage the residents'
cattle farm. The subject site and its context are illustrated in Figure 1.




Figure 1. Site Location Plan




      2.3   Vegetation
The site falls within an Environmental Protection Area overlay however the area for
development is currently of vast distance from the EPA.

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It can be seen from the overlay map below that the EPA is located within the middle of
the property and is in far proximity from the proposed annexed unit as seen on the map
above. To this the proposed annexed unit contains a side boundary set back of 10m
and a front setback of 25 m so therefore is clear from the EPA to the right of the
property. The proposed building area for the annexed dwelling unity will not hinder the
EPA in any way.

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3.0 The Proposal
3.1       Proposal Description

The proposed multiple housing type 1 (annexed dwelling unit) is shown in the plans on
an 11.05Ha property and is compliant with the applicable Detached House Code. To
this, the proposal does not trigger any overlays to be addressed.



4.0 Statutory Planning

4.1       Sustainable Planning Act 2009
The application is subject to Code Assessment in accordance with Part 8, Division 9
,Section 8.7 of the Noosa Planning Scheme. Accordingly the application is to be
assessed in accordance with 3.5.5 of the Sustainable Planning Act 2009.



4.2       Referral Agencies
The application is not required to be referred to a referral agency in accordance with the
provisions of the Strategic Planning Act. The IDAS referral checklist confirms that no
referrals are triggered.



4.3       State Planning Policies

There are no State Planning Policies applicable to the proposal or the subject site.



4.4       Planning Scheme Codes

The following Codes are applicable to the subject application and have been assessed
accordingly.

      n   Detached House Code (Code Assessable)

A copy of the Planning Scheme Code assessment is provided, accompanying this
application.

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5.0 Conclusion
The proposed development is seeking approval for a Material Change of Use (Multiple
Housing Type 1).

The proposed development complies with the requirements for an annexed dwelling
unit in the rural zone locality. To this, the annexed dwelling unit complies with the
probable solutions of the detached house code under the Noosa Plan and therefore
doesn't cause any concern from a planning point of view. To this it was also stated that
the current overlays on the property aren't applicable and in the relation to the EPA will
ensure no hindrance to any of those dedicated areas.

It is concluded therefore, that the proposal should be approved by Council subject to
reasonable and relevant conditions.

For further information in relation to this Development Application please contact
Andrew Malouf on 3821 8703

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APPENDIX




  1.0 PLANS
  2.0 PLANNING CODE


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Response to Detached House Code

S1.1

Under Schedule 1 for the Rural Zone, there is a requirement for a 1 Om frontage and
other Boundary Setbacks. The proposed annexed unit has a 10m-side boundary
setback and a 25m front setback. Therefore meets the requirements for the rural zone
in relation to setbacks.

S2.1

The proposed structure is detached and not to an existing building or structure.
However all the necessary provision have been utilised in order to ensure drainage
doesn't affect neighbouring premises as well as providing flood free access to premises
and habitable areas.

S2.2

No enclosed car parking is required or being proposed.

52.3

No filling if required will extend more than 1 m beyond the footprint of the proposed
annexed unit

S4.1

No fill is required as part of the proposed annexed unit.

S4.2

No excavation is required. Siting area is relatively flat.

S4.3

Not applicable.

S5.1

Not Applicable. Proposed Development is within Mary River Locality.

S6.1

The proposed annexed unit will not be constructed or located under overheard
electricity transmission lines or within electricity easements.

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S7.1

The proposed annexed unit does not involve the process of any listed in S7.1 eg
(A,B,C,D or E)

S8.1

The building height for the annexed unit will not exceed the height stated as part of the
rural zone. The annexed unit is under 8ms in height.

59.1

Multiple Housing Type 1 is the exception as stated in the probable solutions of S9.1.
Note however that the size of the land is 11 Ha and that both the house and the
annexed unit wont be close to taking up 50% site coverage.

S9.2

Proposed annexed unit is located in none of the listed localities or zones.

510.1

Not Applicable - Not located in the listed locality or Zone.

511.1

Not Applicable - Not located on premises 6 - 14 Park Road, Noosa Heads.

S12.1

Not Applicable - Not associated with eastern beaches

S13.1

Not Applicable - Proposed annexed unit is not adjoining the Noosa River

S14.1

Multiple Housing Type 1 is the exception as stated in the probable solutions of S14.1

S14.2

Annexed unit does not include a roof top terrace area

S15.1

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Not Applicable - Not located within the Kin Kin Village Locality

S16.1

Not Applicable - Not located within the Boreen Point Village Locality

S16.2

Not Applicable - Not located within the Boreen Point Village Locality

S17.1

Not Applicable - Not located in the Zones stated in S17.1 and not a class 10a structure

S18.1

On site water will be provided for the Annexed Unit ie (rainwater tank) and meet the
minimum storage capacity.

S22.1


No vegetation will be cleared as part of siting the annexed unit.

S22.2

No vegetation will be cleared as part of siting the annexed unit.

S23.1

A minimum of 1 car parking space will be provided on site to meet requirement stated in
S23.1

S24.1

The location of the proposed annexed unit provides sufficient setbacks from
neighbouring premises to ensure no adverse impacts such as air and noise quality will
be jepoardised as part of the proposal.

S25.1

Not Applicable - No tennis court is being proposed

S25.2

Not Applicable - No tennis court is being proposed

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S25.3

Not Applicable - No tennis court is being proposed

S26.1

Not Applicable - Proposal is not for a Display Home

S26.2

Not Applicable - Proposal is not for a Display Home

S26.3

Not Applicable - Proposal is not for a Display Home

S27.1

There is the exception for Multiple Housing Type 1

S27.2

There is the exception for Multiple Housing Type 1

S27.3

There is the exception for Multiple Housing Type 1

S27.4

There is the exception for Multiple Housing Type 1

S28.1

The Proposal is not located within an extractive resource area.

S29.1

Not Applicable - Proposal is not for a removal Home

S29.2

Not Applicable - Proposal is not for a removal Home

S29.3

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