Delegated Report - Code - Planning MCU21 0036

Author	Maxwell Potter, Student Planner
Tara Norley, Development Planner
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0036
Applicant	Elaine Patricia Elliott Scott Raymond Elliott
Proposal	Material Change of Use - Dwelling house
Properly Made Date	3 March 2021
Information Request Date	30 March 2021
Information Response Date	8 April 2021
Decision Due Date	17 May 2021
Report Completed Date	11 May 2021
Report Reviewed By	Lisa Pienaar – 11 May 2021

PROPERTY DETAILS
Property Address	64 Pheasant Lane Doonan Qld 4562
RP Description	Lot 36 SP 139155
Land Area	4000m²
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The applicant proposes to clear approximately 1736m2 of vegetation and construct a dwelling house, shed, pool, carport, water tanks, and effluent disposal system.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
Figure 4 – Elevations
Figure 4 – Elevations
Figure 4 – Elevations
site details
Site Description
The subject site is approximately 4000m2 and of an irregular shape. The site gradually falls from the south eastern corner toward the rear of the property. The main characteristic of the site is the mature and dense vegetation, which is mapped as an area of Biodiversity Significance under the Biodiversity, Waterways and Wetlands Overlay Map (refer to Figure 5) and of a High Bushfire Intensity under the Bushfire Hazard Overlay Map (refer to Figure 7). Further, the site is described as a Koala Priority Area and Core Koala Habitat Area (refer to Figure 6) by the State Assessment and Referral Agency. Access to the site is proposed from Pheasant Lane to the south of the property.
Figure 5 – Area of Biodiversity  Significance – Biodiversity, Waterways and Wetlands Overlay Map

Figure 6 – Koala Priority and Core Koala Habitat Area – SARA Mapping

Figure 7 – High Potential Bushfire Intensity – Bushfire Hazard Overlay Map
Surrounding Land Uses
The subject site is the last vacant block in the street to be developed. The surrounding properties are large blocks with dwelling houses, sheds and pools within a Rural Residential zone. To the immediate north and west of the property lies an Environmental Management and Conservation Zone, described as the Nylana Bushland Reserve.
Figure 8 –Surrounding Zoning – Noosa Plan 2020
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 Residential Zone Code;
Low Density Housing Use Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Doonan 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
Building height storeys metres	2 storeys max 9 metres	1 storeys 4.7 metres	
Site cover	30% max	5%	
Gross floor area	500m² max	165m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 15 metres min 6 metres min 15 metres min	21 metres 32 metres 13 metres 40 metres	
Roof Form Pitch Eaves	Max 15 degrees Min 600mm to 75%	22.5 degrees 600mm to >75%	
Carparking	2 covered min	2 covered	
Biodiversity
Acceptable Outcome AO3.1 of the Biodiversity, Waterways and Wetlands Overlay Code seeks where clearing of vegetation cannot be practicably avoided, the development:
ensures the design and siting limits the loss of vegetation to the smallest extent possible;
protects and retains ecological values and ecosystem processes to the greatest extent possible within and adjacent to the site;
provides measures to allow for safe movement of fauna through the site; and
provides suitable habitat replacement and replanting in accordance with PSP Ecological Assessment Guidelines.
The entirety of the subject site is covered in vegetation and is mapped as an Area of Biodiversity Significance under the Biodiversity, Waterways and Wetlands Overlay Map. Therefore, in order to develop the site for its intended use, being a dwelling house and associated structures, the clearing of vegetation cannot be practicably avoided.
The applicant proposes clearing an area of 1736m2 (refer to Figure 9) in order to construct a dwelling house, shed, pool, carport, water tanks, effluent disposal, and gravel access track (for fire emergency service fighting). It is noted that the proposed development is located on a mapped area of High Potential Bushfire Intensity under the Bushfire Hazard Overlay map. The amount of clearing is required in order to meeting Bushfire requirements detailed in the Bushfire Risk Assessment and Bushfire Risk Management Plan, provided by the applicant.
The position of the dwelling house is recommended in the Bushfire Risk Management Plan, detailing a firebreak of 10 metres from any retained vegetation and the following separation distances from hazards;
17 metres – north bushfire attack,
20 metres – east bushfire attack, and
10 metres – west bushfire attack.
It is noted approximately 2374m2 of the mature vegetation on the subject site will be retained. As such, the proposed development complies with Acceptable Outcome AO3.1 of the Biodiversity, Waterways and Wetlands Overlay Code.

Figure 9: Area proposed to be cleared (dotted line)
Koala Habitat
The Planning regulation 2017, schedule 10 states that development that interferes with koala habitat, in an area that is both a koala priority area and a koala habitat area, is either exempted development or prohibited development. The applicant requested pre-lodgement advice from the State Assessment and Referral Agency and received the following response:
Based on the information provided, the proposed clearing for a dwelling house, associated structures and infrastructure and firebreaks on Lot 36 on SP139155, is considered exempted development as defined in Schedule 24 of the Planning Regulation 2017 (Planning Regulation), and is therefore not considered prohibited development under Schedule 10, Part 10, Division 3, Section 16A – Development interfering with koala habitat in koala priority area and koala habitat area of the Planning Regulation.
The statement from the State Assessment and Referral Agency determines the proposed clearing of koala habitat for the construction of the dwelling house and ancillary structures is exempted development, and therefore is not prohibited.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Environmental Officer, 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 MCU21/0036 for a Material Change of Use - Dwelling house situated at 64 Pheasant Lane Doonan Qld 4562 and described as Lot 36 SP 139155, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0036
Street address:	64 Pheasant Lane Doonan Qld 4562
Real property description:	Lot 36 SP 139155
Planning Scheme:	Noosa Plan 2020 (25 September 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
NA	NA	Plan of Identification Survey of Lot 36 on SP139155, prepared by Max Watterson + Associates (Site Plan)	16/7/2020
NA	NA	Lot 36 – 64 Pheasant Lane, Doonan (Site Plan), prepared by owner	Not dated
18-1602 A-102	C	Proposed Floor Plan, prepared by AMR Design	06.10.2020
18-1602 A-103	C	Proposed Elevation, prepared by AMR Design	06.10.2020
NA	NA	Proposed Shed	Not dated
Currency Period
The Currency Period for this development approval lapses if the use has not happened by 11 May 2027, 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 on performance of the conditions of approval (excluding Condition 4 and Condition 10) 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.
Vegetation
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling and associated structures and infrastructure. In this regard, the removal of vegetation must not extend beyond the area indicated on the Site Plan, and the bushfire separation distances stated/detailed within the Bushfire Risk Assessment and Bushfire Risk Management Plan included in Section 7 Reference Documents.
Fauna or fauna habitat relating to tree removal/clearing works must be managed by a qualified person* in accordance with the requirements of the Nature Conservation Act 1992.
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.
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)
Bushfire Management
An on-site water supply available for firefighting purposes must be provided, having a volume of not less than 5,000 litres. The water supply may be either:
a separate tank
a reserve section in the bottom part of the main water supply tank
a dam
a swimming pool installed immediately upon construction of the home.
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.
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:
PLANNING
Qualified Person
Qualified Person, for the purpose of undertaking Fauna site works is considered to be a Fauna Spotter Catcher with current certification under the Queensland Parks and Wildlife Service.
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
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 Department of Environment & Heritage Protection will also be required.
Property Driveway and Vehicle Crossover
The planning scheme declares Operational Work for the construction of a driveway and vehicle crossover to the property to be self-assessable against the Low Density Housing Code. A self-assessable application is required to be submitted to Council for the vehicle crossover (*link below) OR if the proposed driveway and vehicle crossover does not comply with each Acceptable Solution contained in the Code, a Development Permit for the work is required to be obtained from Council.
*https://www.noosa.qld.gov.au/downloads/file/2833/vehicle-crossover-application-pack
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
Private Infrastructure
All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority
Reference documents
Document No.	Rev.	Document Name	Date
N/A	2	Bushfire Risk Assessment and Bushfire Risk Management Plan for a house at 64 Pheasant Lane, Doonan, Queensland Lot 36 on SP139155, prepared by Ecological Natural Area Management.	8 April 2021
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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