Delegated Report - Code - Planning MCU22 0128

Author	Development Planner, Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0128
Applicant	Paul Francis Cajetan Desouza Janelle Kay Desouza
Proposal	Material Change of Use - Dwelling house
Properly Made Date	8 August 2022
Information Request Date	22 August 2022
Information Response Date	1 November 2022
Further Advice Further Advice Response	2 December 2022 6 December 2022
Decision Due Date	6 December 2022
Report Completed Date	6 December 2022
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	178 Davis Rd Cootharaba Qld 4565
RP Description	Lot 7 SP 115866
Land Area	112700.00 m² / 11.27ha
Existing Use of Land	Vacant – Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity, Waterways and Wetlands Bushfire Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use – Dwelling house and associated outbuilding (3 bay shed). The proposed dwelling is a single storey, 4 bedroom, 4 bathroom building, with a 2 car garage. The dwelling is orientated to face the north of the site.
The dwelling setbacks are as follows:
North – 45.034 metres (from the dwelling house) and 35.235 metres (from the pool)
East – 49.578 metres
West – 106.392 metres
The proposed shed achieves the following setbacks:
North – 29 metres
East – 58 metres
West – 27 metres
The application triggers assessment for the following non-compliances with the planning scheme:
AO2.4 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.
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.
AO15.3 Cut or fill is less than 1.5 metres in depth relative to natural ground surface.
Clearing in Biodiversity, Waterways and Wetlands Overlay where identified as biodiversity significance
The applicant has provided an ecological assessment report, rehabilitation plan, and bushfire hazard assessment and management plan.
The key findings and proposals of the reports include the following:
Total of 54 trees are to be removed as a result of the proposal. This is shown within the revised Ecological Assessment Report
Further to Item 1 above, the plan includes offset planting as a result of the proposed removal of 54 native canopy trees and understorey vegetation within the bushfire asset protection zone.
The proposed siting of the dwelling is not located within Core Koala Habitat, however the asset protection zone does encroach into the core habitat area. The area complies with Essential Management clearing provisions in Schedule 24 (exempted development definition).
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Elevations

Figure 6 – Shed
Figure 7 – Extent of Earthworks

Figure 8 – Extract from Slope Stability Report

Figure 9 – Proposed Retention and Removal
site details
Site Description
The subject site is 11.25 hectares, located on the corner of Tomkinsons Road and Davis Road for a distance of approximately 470 metres. Dense vegetation, including Koala Habitat Area both priority and core habitat is located on site.
Surrounding Land Uses
Rural pursuits, varying vegetation densities and rural productivity. Notably, land to the north is a macadamia farm.
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;
Hinterland Local Plan Code;
Low Density Housing Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code.
The subject site is located in Cootharaba 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 8/12 metres	1 storey 6.35 m 10 m (shed)	
Gross floor area	500m² max	~371m²	
Boundary setbacks Frontage Side Side Rear	10 metres min 6 metres min	> 10 metres	
ALCA	200 metres min	70-150m	X
Carparking	2 covered min	> 2 covered	
ALCA Setbacks
AO2.4 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.
PO2 Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
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.
PO8 Notwithstanding that intensive rural activities may need greater separation distances, buildings and other structures are appropriately sited and designed to:
avoid environmental harm or nuisance to sensitive land uses, including adverse impacts on amenity values, over and above what could reasonably be expected in the rural zone;
avoid adverse impact on ecologically important areas including National Parks, watercourses, and wetlands;
mitigate risks associated with the use of chemicals or air pollutants; and
avoid conflict with rural uses and activities on adjoining properties.
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The proposal is setback approximately 75m (shed) and 110m (dwelling) from ALCA on the north western corner of the site and adjacent land.  The northern property operates as a macadamia farm which has the potential of raising conflict with the sensitive land use in the form of noise, spray and odour drift. In consideration of the extent of rehabilitation proposed, and landscaping to be conditioned, it is unlikely that undue nuisance would occur. Further, the applicant is aware of the well-established operation and accepts a level of impact given the rural amenity.
The proposal is considered to comply with the applicable Performance outcomes.
Sloping sites and ridgelines
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 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.
PO15 The landscape character and visual amenity quality of hill slopes and ridgelines are retained and buildings and structures:
are visually responsive to the natural topography of the site, sitting within the landscape rather than dominating it;
step down slopes or use suspended floor construction, minimising cut and fill and avoiding benching of the site;
allow for retention of natural vegetation that assists in screening or visually softening development; and
incorporate materials, finishes and colours that complement the natural setting and integrate with the landscape and skyline.
The subject site is 11.2 hectares in size and is heavily vegetated. The proposed building pad is in the far northern section of the site and has been chosen in respect of the constraints of the site. The dwelling is single storey and is located on the topographical crest of the premises which has sporadic vegetation. To facilitate construction, cut and fill will range to 2.75 metres for the dwelling and associated structures, exceeding 1.5 metres as per the Acceptable outcome.
To design the dwelling and associated structures in response to the slope of the site, the building steps down to a landscaped area, then further steps down to a swimming pool. The development will not be visible from the roadside nor adjoining properties except for the northern premises. While the dwelling will be clearly visible and located on a higher contour to the adjoining residential/rural property, there is little available area on the site which is located clear of Core Koala Habitat, and with lesser biodiversity significance, and bushfire risk. A combination of landscaping. materials and finishes which are reflective of the setting will suitably address the landscape character and visual amenity of the site.
The extent of earthworks proposed is considered reasonable.
Biodiversity, Waterways and Wetlands
AO1.3 Where constructing a dwelling house or community residence, buildings and associated structures are not located on land identified as an area of biodiversity significance on a Biodiversity, Waterways and Wetlands Overlay Map.
PO1 Development is sited and designed to protect the physical and ecological integrity and biodiversity of ecologically important areas through protection of:
existing habitat areas and ecological linkages; and
existing riparian vegetation, waterways and wetland habitat values.
The proposed dwelling has been located in an area that is on the outer edge of the remnant vegetation patch, partially identified as an area of biodiversity significance in the Overlay. As shown by Figure 9, 54 trees are proposed to be removed for the purpose of the development consistent with the asset protection zone. The Ecological Assessment Report has recommend a replanting of 3 species per every tree removed, equating to a total of 162 new plants to be planted on the site.
The development will be conditioned to rehabilitate the site in accordance with the Rehabilitation Plan provided which includes a timeline outlining the necessary actions over a 12 month period. The development complies with the Performance outcome.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Coordinator – as conditioned.
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  MCU22/0128 for a Material Change of Use - Dwelling house situated at 178 Davis Rd Cootharaba Qld 4565 and described as Lot 7 SP 115866, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0128
Street address:	178 Davis Rd Cootharaba Qld 4565
Real property description:	Lot 7 SP 115866
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
001	F	Location Plan + General Notes, prepared by SW Architecture	October 2022
002	G	Site Plan, prepared by SW Architecture	October 2022
110	L	Floor Plan, prepared by SW Architecture	October 2022
112	F	Roof Plan, prepared by SW Architecture	October 2022
113	A	Shed, prepared by SW Architecture	October 2022
201	E	Elevations South + West, prepared by SW Architecture	October 2022
202	E	Elevations North + East, prepared by SW Architecture	October 2022
301	D	Cross Sections A + B, prepared by SW Architecture	October 2022
302	D	Cross Sections C + D, prepared by SW Architecture	October 2022
303	D	Cross Sections E, prepared by SW Architecture	October 2022
304	C	Cross Sections F + G, prepared by SW Architecture	October 2022
305	C	Cross Sections H + 1, prepared by SW Architecture	October 2022
113	A	Turning Circle, prepared by SW Architecture	October 2022
Currency Period
This development approval lapses if the use has not happened by 6 December 2028, unless an application to extend the currency period is approved by Council.
Nature of Use
This approval allows for the use of the building for the purpose of a Dwelling House in accordance with the use definition of the Noosa Plan 2020.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 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 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.
Ecological & Landscpaing
The rehabilitation must be implemented in accordance with the Ecological Assessment Report, prepared by Green Tape Solutions and dated 28 October 2022 (v. B) and in accordance with Rehabilitation Management Plan.
The rehabilitation works must be by a suitably qualified person, including the following minimum specifications:
Landscape planting specifications in accordance with Landscaping Code and PSP2 Landscaping;
A planting schedule of suitable locally occurring species, plant numbers and locations, reflective of the Regional Ecosystem 12.3.1 & 12.3.2;
Control of all environmental weeds of the site in accordance with best industry practice for environmental rehabilitation which does not result in bed or bank instability;
Avoid undesirable plant species identified in PSP2 Landscaping;
Planting densities must result in a stable channel over the long term and minimal potential for pest plant species.
Existing trees on the site must be retained, unless an environmental weed.
Screening vegetation must be planted along the common boundary with Lot 5 SP139163 in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a  mature height of not less than 4 metres and form an effective buffer to screen the agricultural use and enhance the rural character of the site.
Bushfire Management
An accessible dam, swimming pool or water tank (in addition to day to day water supply) with an onsite water volume of not less than 5,000 litres must be available for firefighting purposes, located within reasonable proximity to buildings.
A water supply outlet pipe 50 millimetres in diameter and fitted with a standard fire brigade fitting must be connected to the water supply (other than where the water supply is in a swimming pool or dam).
Water Supply
The development must be provided with a potable water supply connected to the dwelling with no less than 45,000 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)
Earthworks and Retaining Walls
All retaining walls must be designed and constructed in accordance with the planning scheme and must be certified by an RPEQ where exceeding 1.0m in height.
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.
Geotechnical Stability
All works must be carried out in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 22198-001-Rev1 prepared by Tectonic Geotechnical and Environmental Engineers dated 25 July 2022
At the completion of the works certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the recommendations contained in the Slope Stability Assessment – Project No. 22198-001-Rev1 prepared by Tectonic Geotechnical and Environmental Engineers dated 25 July 2022 and that the development has a minimum factor of safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
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 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.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
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
Surrounding Uses
This area is expressly identified as being potentially impacted by lawful non-residential uses. In commencing a residential use, the owner(s) acknowledges and accepts that the use may be potentially impacted by emissions from the lawful non-residential use.  It is the responsibility of the property owner(s) to take all measures necessary to ensure that the proposed dwelling is developed and maintained in such a way as to mitigate impacts from the surrounding lawful land use/s.
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 online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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