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200370 - 400 Black Mountain Road, COOROY - 400 Black Mountain Rd Planning Report 2
TOWN PLANNING ASSESSMENT REPORT FOR PROPOSED DWELLING AND GARAGE 400 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN Building works: New dwelling and garage Code Assessment
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Page 2
Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Table of Contents
Summary ..................................................................................................................................................2
Executive Summary .................................................................................................................................3
Site Analysis .............................................................................................................................................4
Site Details ...........................................................................................................................................4
Surrounding Area .................................................................................................................................4
Proposed Development ...........................................................................................................................4
Proposed Site Plan ...............................................................................................................................5
Noosa Plan 2020 ......................................................................................................................................5
Overlays ...............................................................................................................................................5
Level of Assessment .............................................................................................................................5
Conclusion ..............................................................................................................................................15
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Page 3
Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Summary
Site Details
Site Address 400 Black Mountain Road, Black Mountain
Property Description Lot 90 on SP158854
Zone Classification Rural
Area 194963.52m2
Application Details
Development type Material Change of Use – Building Works in Agricultural Land
Conservation Area
Level of Assessment Code Assessment
Proposed Dwelling, Garage
Development
Key Planning triggers Agricultural Land Overlay Code
Defined use Dwelling
Referral- concurrence Applicable
Referral- advice Nil
Public notification Nil
Applicant EarthCert Pty Ltd
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Executive Summary
The purpose of this report is to provide a detailed planning assessment for an MCU application for a
proposed dwelling and garage at the subject property. The proposed is assessable against the Noosa
Plan 2020 Rural Zone Code. The proposal is code assessable under the levels of assessment of the Noosa
Plan 2020 as follows:
Proposed dwelling and associated garage within an agricultural land conservation area
As this planning assessment report and code assessment table outline, the proposed development
complies with the acceptable, performance and overall outcomes of the applicable code. Based on the
proposed development this should be granted approval subject to reasonable and relevant conditions.
This application meets the criteria for a properly made application as defined by s51 of the Planning Act
2016.
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Site Analysis
Site Details
The subject lot is located at 400 Black Mountain Road, Black Mountain formally described as lot 90 on
SP158854. The lot is 194963.52m2 and situated in the Rural Zone.
Surrounding Area
The subject lot is located within a rural area with like properties.
Proposed Development
The proposed development is described as follows:
1. Proposed Dwelling and Garage
As detailed in the levels of assessment section of this report the proposed development is triggered to
code assessment under the levels of assessment for building work in under the Noosa Plan 2020 Rural
Zone Code.
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Page 6
Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Proposed Site Plan
Noosa Plan 2020
Overlays
Agricultural Land Conservation Area
Level of Assessment
Rural Zone Code
Rural Zone Code
Table 6.8.3.3 -Criteria for assessment
Performance outcomes Acceptable Outcomes
Role and function
PO1 Complies
Land uses in the Rural zone are limited to those No acceptable outcome provided.
which are compatible with agriculture and the
protection of environmental and landscape values.
PO2 AO2.1 The proposed
Development does not result in the loss or Development that is incompatible dwelling and
diminished productive capacity of Agricultural with agricultural activities is not garage are situated
within the
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
Land Conservation Area. located on Agricultural Land Agricultural Land
Conservation Area and an Conservation Area.
Editor’s Note—Agricultural Land adequate separation area
The proposed
Conservation Areas are shown on between the development and
location of the
the Agricultural Land Overlay Maps in the Agricultural Land dwelling and
Schedule 2 Conservation Area is provided. garage has been
well thought out
AO2.2 with consideration
Where there is an overriding to the existing
need for incompatible vegetation on the
development to be located site, environmental
on Agricultural Land impacts, slope of
Conservation Area, the the site, adjoining
development does not have an properties and
irreversible impact on the functionality for the
productive capacity property owners.
of Agricultural Land The dwelling has
Conservation Area. been designed to
integrate well into
Editor’s Notes— the rural setting
An irreversible impact on and compliment
agricultural land includes a the aesthetics of
permanent reduction or decline the area.
in the agricultural land,
notwithstanding that the land The property
may be used for agriculture owners currently
post-development, e.g. land use the land for the
that could support crops pre- agricultural
development that can only be purpose of
used for improved pasture livestock keeping
post-development. and intend to
Aquaculture is specifically continue and
permissible on Agricultural expand on this use
Land Conservation Area. into the future.
AO2.3
Where located in the Agricultural
Land Conservation
Area accommodation is of a
temporary or semi-permanent
nature (such as tents, yurts,
relocatable dwellings or
recreational vehicles) or it
adaptively reuses well-
established rural buildings.
AO2.4
No sensitive land use is
established closer than 200
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
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.
PO3 AO3.1 Complies
With the exception of one dwelling Only the occupants of a dwelling
house, caretaker’s accommodation or house, compliant caretaker’s
a community residence, any accommodation residence or community
activity is limited to use by short-term guests or residence reside on the property
seasonal workers employed in a rural activity on for any period greater than three
the same site or on adjoining premises. consecutive months.
or
AO3.2
In addition to residents of
the dwelling house, up to 10
people may reside on the site for
periods of no more than six
consecutive months where they
are:
employed in a rural activity on
the property; or
a spouse or child of a person
employed in a rural activity on
the property.
PO4 Complies
Visitor accommodation: No acceptable outcome provided.
is at a small scale and low density that protects the
environmental and rural values of the land;
is compatible with rural activities and nature
conservation; and
does not detract from the rural amenity of
adjoining properties.
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
PO5 Not Applicable
Uses such as nature-based tourism, outdoor No acceptable outcome
education, environment facilities and outdoor provided.
sport and recreation may be appropriate
where:
they cannot be more appropriately located in
urban areas;
they have an indelible connection to rural or
ecological values of the site;
there is an overriding community benefit of
the development;
they are not located on Agricultural Land
Conservation Area as shown on
the Agricultural Land Overlap Maps in
schedule 2 or are temporary in nature so as
not to compromise agricultural uses in the
future; and
they do not interfere with
remnant vegetation or ecologically important
areas.
PO6 Not Applicable
Extractive industry operations are limited to No acceptable outcome
designated Key Resource Areas and at other provided.
known resources deposits where:
best practice environmental management is
met;
the amenity of residents in the vicinity
of extractive industry operations is
maintained;
they do not conflict with agricultural
operations;
the safety of rural roads is ensured; and
the visual amenity of the rural area as viewed
from the major road network is protected.
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Built form Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes Acceptable Outcomes
Built form
Building height and scale Complies
PO7 AO7.1
Buildings are no more than two storeys in
Buildings and other structures:
height.
1. are low rise; AO7.2
With the exception of Class 10 buildings or
2. minimise the appearance of
structures used exclusively for a rural
bulk to adjacent properties, activity, buildings and structures are no more
roads or other areas in the than 8 metres in building height providing that
vicinity of the site; and they may be up to 9 metres where the pitched
3. respect the scale of roof but no other part of the building or
surrounding vegetation and structure exceeds 8 metres.
maximises opportunities to
retain Alternative provision to the QDC
existing vegetation on site.
AO7.3
With the exception of Class 10 buildings or
structures used exclusively for a rural activity,
individual buildings or roofed structures do not
exceed 500m2 gross floor area.
AO7.4
Class 10 buildings used exclusively for the
purpose of animal
husbandry, aquaculture, cropping, intensive
animal industry, intensive horticulture or rural
industry do not exceed 12 metres in height.
AO7.5
A structure, not constituting a building, used
exclusively for the purpose of animal
husbandry, aquaculture, cropping, intensive
animal industry, intensive horticulture or rural
industry does not exceed 15 metres in
height.
AO7.6
Where excavation is required, the maximum
portion of the exposed external façade of
the building cannot exceed the
respective building heights in AO1.1 , AO.2,
AO7.3, AO7.4 and AO7.5 above.
Editor's note—refer to figure AP3-13A
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
Setbacks Complies
PO8 AO8.1
Notwithstanding that intensive rural
Buildings used to house animals, temporary
activities may need greater
separation distances, buildings and holding yards, structures containing areas of
other structures are appropriately animal waste or by-product disposal are not
sited and designed to: within 100 metres of:
1. avoid environmental harm or 1. the boundary of properties in a
nuisance to sensitive land residential zone including the rural
uses, including adverse residential zone;
impacts on amenity values, 2. a sensitive land use;
over and above what could 3. the boundary of adjoining properties in
reasonably be expected in the the environmental management and
rural zone; conservation zone; or
2. avoid adverse impact 4. a waterway shown on the Biodiversity,
on ecologically important Waterways and Wetlands Overlay
areas including National Parks, maps in schedule 2.
watercourses, and wetlands; AO8.2
3. mitigate risks associated with Buildings or structures which are used for the
the use of chemicals or air storage of chemicals or machinery,
pollutants; and stockpiling of composting or organic
4. avoid conflict with rural uses fertilisers, or which support artificial lighting
and activities on adjoining
or irrigation sprayers are not within 100
properties.
metres of:
Editor's note- For uses that are
1. the boundary of properties in a
subject to impact assessment,
residential zone including the rural
required setback and separation residential zone;
distances will vary with the scale 2. a sensitive land use;
and type of rural activity. Relevant 3. the boundary of adjoining properties in
factors that will be taken into the environmental management and
account when determining conservation zone; or
appropriate distances include the 4. a waterway shown on the Biodiversity,
type and scale of buildings and Waterways and Wetlands Overlay
structures proposed, the use of maps in schedule 2.
buildings and structures,
construction methods, level of AO8.3
containment and ventilation, With the exception of a roadside stall,
potential noise, odour or air buildings and structures associated with a
pollutant nuisance, topography, rural activity or industrial activity are set back
climatic variables, 20 metres from a road reserve or 40 metres
existing vegetation between land from any part of the major road network.
uses, and a range of management
AO8.4
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
practices that can be employed to In addition to the circumstances of AO8.1, to
mitigate off-site impacts. AO8.3 above, buildings and structures meet
the following minimum boundary setbacks:
1. 20 metres from a property boundary of
adjoining land in the Environmental
management and conservation zone;
2. a distance greater than the width of
the riparian buffer area shown on
Biodiversity, Waterways
and Wetland Overlay maps;
3. 10 metres from a road frontage; and
4. 10 metres from the side and rear
boundaries or 6 metres where the lot
area does not exceed 1 hectare, with
the exception that if the height of
the building or structure exceeds 9
metres the setback to the side and rear
boundaries is equal to twice its height in
metres.
AO8.5
On properties over 2 hectares in area, a
distance of not less than 200 metres is
provided between a sensitive land use and
land on an adjacent rural zone property over
4 hectares in mapped Agricultural Land
Conservation Area.
Alternative provision to the QDC
Safety and amenity Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes Acceptable Outcomes
Safety and amenity
PO9 Complies
Development does not result in No acceptable outcome provided
environmental harm or
environmental nuisance
to sensitive land uses.
PO10 AO10 Complies
Development does not Safe vehicular access is provided to
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
compromise the safety, capacity and from the site without adversely
or operation of the road impacting on the safety of the road
network. network.
Environment and heritage Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes Acceptable Outcomes
Environment, heritage and scenic amenity
PO11 AO11.1 Complies
Development does not have a Development does not result in
significant adverse impact on the
sediment, soil or other material
natural values of the site including
through: including building materials or waste
products being released into the road
reserve, stormwater drains, waterways
1. loss of biodiversity values, fauna or adjacent properties.
habitat and fish passage;
2. changes to natural drainage; AO11.2
3. disturbance to Natural Vegetation is retained wherever
any wetland systems;
possible.
4. erosion and the transport of
sediments off site (including
AO11.3
pollutants and other
contaminants which would Where there is a nominated building
affect the capacity of envelope on the lot, clearing of
agricultural lands); native vegetation and building works do
5. worsening of landslide or fire not extend beyond the building
risk; envelope, except for the purposes of a
6. on-site effluent disposal; driveway access.
7. creation of dust and air
pollutants;
8. disturbance of buildings and
features, including natural
features, of cultural heritage
significance.
PO12 AO12 Complies
Development and Development and associated site works,
associated site works do not directly, including filling and excavation are
indirectly or cumulatively cause designed and constructed to ensure
adverse impacts external to the overland flow and/or flooding is not
development site by: worsened, impeded, or otherwise
diverted to adversely affect other
properties.
1. causing ponding of water;
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
2. increasing flooding, which
adversely affects the safety or
use of any land upstream and
downstream;
3. adversely affecting the flow of
water in any overland flow
path.
Scenic amenity Complies
PO13 AO13
Development does not detract from Development on land adjoining
the scenic amenity of the hinterland the major road network, Lake
as experienced from the major road Macdonald or the Noosa River system
network or waterways. minimises visual impacts on the scenic
amenity of the roadway or waterway by:
1. sensitive siting and design of
buildings, structures, driveways and
works;
2. retaining existing vegetation;
3. incorporating landscape treatments
to visually screen and soften
development; and
4. incorporating building materials
and external finishes that are
compatible with the site’s visual
character and landscape setting.
Editor’s Note— Residential buildings
should be predominantly finished in
colours and materials that blend well
with the colours and hues of the
surrounding vegetation and landscape
without causing glare or reflection.
For agricultural buildings, colours and
textures that blend with the natural
setting are preferred however if not
practical, buildings should at least be
well maintained and/or visually
screened.
PO14 Not Applicable
The visual amenity of Lake No acceptable outcome provided
Macdonald, its foreshores and
immediate surrounds are maintained
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
or improved including views:
1. from the lake;
2. to the lake and beyond when
viewed from private lands and
from public areas, including the
Botanical Gardens.
Sloping sites and ridgelines Complies
PO15 AO15.1
The landscape character and visual To protect scenic amenity and other
amenity quality of hill slopes and landscape qualities, buildings, structures
ridgelines are retained and buildings and associated accessways are not
and structures: constructed on land with a slope greater
than 25%.
1. are visually responsive to the
AO15.2
natural topography of the site,
On sloping sites or on ridgelines at the
sitting within the landscape
rather than dominating it; uppermost edge of a hill slope:
2. step down slopes or use
suspended floor construction, 1. roof lines are generally parallel with
minimising cut and fill and contours of the land;
avoiding benching of the site; 2. roofs do not exceed a pitch of 15
3. allow for retention of degrees; and
natural vegetation that assists in 3. buildings do not protrude above the
screening or visually softening height of prevailing vegetation.
development; and
4. incorporate materials, finishes Editor's note- refer to Figure
and colours that complement 6.9.1A and Figure 6.9.1B. and Figure
the natural setting and integrate AP3-3B.
with the landscape and skyline.
AO15.3
Cut or fill is less than 1.5 metres in depth
relative to natural ground surface.
Editor’s Note— On visually prominent hill
slopes or ridgelines residential buildings
should be predominantly finished in
colours and materials that blend well
with the colours and hues of the
surrounding vegetation and landscape
without causing glare or reflection.
Broad expanses of a single colour are less
desirable and where possible should be
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Development Application 400 Black Mountain Road, Black Mountain
Lot 90 SP158854
Performance outcomes Acceptable Outcomes
broken up by other colours or design
elements. Shades in the violet, blue,
green and yellow-green side of the
spectrum, as well as greys or browns,
should be appropriate with whites or
bright colours restricted to trimmings.
For agricultural buildings, colours and
textures that blend with the natural
setting are preferred however if not
practical, buildings should at least be
well maintained and/or visually
screened.
Noosa Trail Network Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes Acceptable Outcomes
Noosa Trail Network
PO16 AO16.1 Not Applicable
A comprehensive network of Development includes linkages to or
bridle trails and pedestrian between existing or future
and bicycle linkages is components of the Noosa Trail
established, enhanced and Network, as indicated on the Strategic
protected incorporating road Framework Infrastructure Map
reserves, State forests, Council
owned land and private lands AO16.2
consistent with the lifestyle Development does not have an
and outdoor recreation needs adverse impact on
of Noosa Shire’s residents the access functions of the Noosa Trail
and visitors. Network.
Conclusion
As demonstrated by this planning report and code assessment submitted the proposed Dwelling and
Garage generally complies with the overall outcomes and intent of the Rural Zone Code. On this basis,
the proposal should be granted approval subject to reasonable and relevant conditions.
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