Delegated Report - Code - Planning MCU21 0221

Author	Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0221
Applicant	Scott Douglas Stewart and Rebecca Lee Stewart
Proposal	Material Change of Use - Dwelling house
Properly Made Date	8 December 2021
Information Request Date	11 January 2022
Information Response Date	2 February 2022
Decision Due Date	14.03.2022
Report Completed Date	10.03.2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	797 Ringtail Creek Rd Pomona Qld 4568
RP Description	Lot 4 RP 213871
Land Area	34,100m²
Existing Use of Land	Residential and vegetated rural lot

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, Waterways and Wetlands Bushfire Hazard Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house on the site located at 797 Ringtail Creek Road, Pomona. The application triggers assessment due to:
Clearing of vegetation identified in an area of biodiversity significance under the Biodiversity, Waterway and Wetlands Overlay Map.
Non-compliance with AO2.4 of the Rural Zone Code as it proposes a dwelling closer than 200m from land mapped as Agricultural Land Conservation Area
The applicant proposes to construct a new dwelling with an internal area of 65m2, a deck area of 65.9m2 and a total footprint of 162m2. The new dwelling comprises one bedroom, is of light weight construction and located on posts above the prescribed flood level of the site.  The new dwelling is located in the rear south-eastern corner of the site and requires substantial clearing for bushfire purposes. Access to the new dwelling house is via an existing access track which is indicated to as requiring minor works but not further clearing.
The proposal plans detail that an existing shed that has been unlawfully converted for use as a dwelling is proposed to be decommissioned and a dilapidated work shed to be demolished.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Background
In 2009, a Building Approval for a shed was approved for the site and subsequently constructed. The property was sold with the new owner applying for a plumbing application in 2010 for fixtures in the shed whilst a house was to be constructed. The property was sold in 2017 and in 2020 Councils Building Department advised the current owners that the site contained unapproved building works and required approval from private certifier.
Photographs and plans of the site (source realestate.com) illustrate that the existing shed has been converted into a self contained dwelling as detailed below.

Figure 5 – Existing buildings

Figure 6 – Plan of Existing Shed Conversion

Site Description
The subject site is an irregular shaped, well vegetated lot located on Ringtail Creek Road, Pomona. As detailed above, a number of structures have been constructed to the centre of the site including a shed which has been converted unlawfully to a dwelling, a covered recreational/bbq/dining area, as well shipping container and dilapidated shed.
Access to the site is from Ringtail Creek Road.
Surrounding Land Uses
The site is surrounded by Rural zoned lots which range in area from 1.9 hectares to 9 hectares and contain residential dwellings. Yurol and Ringtail Creek State Forests are located to the south and east of the subject site
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;
Low Density Housing Code;
Biodiversity Waterways and Wetlands Overlay Code
The subject site is located in the Pomona area 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 the 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 metres	1 storeys 5 metres	
Boundary setbacks Frontage Side Side Rear	10 metres min 10 metres min 10 metres min 10 metres min	160 metres 10 metres 91 metres 10 metres	
Agricultural Land Conservation Area Setback	200 metres to ALCA	70 metres	X
Site Cover	40%	Less than 40%	
Biodiversity
The majority of the site is mapped as being subject to the Biodiversity Overlay with only the middle portion clear of the overlay as detailed in figure 7 below.  AO1.2 and AO1.3 of the Biodiversity Code require development to be located in existing cleared areas and not within areas of biodiversity significance whereas the applicant is proposing to construct the dwelling in the south eastern corner which contains mapped vegetation which will be required to be cleared.

Figure 7 – Biodiversity Waterways and Wetlands Overlay Mapping
Whilst it would be desirable for the dwelling to be located in the existing cleared area in the centre of the site, the flood constraints that are mapped under the Flood Hazard Overlay (refer Figure 8 below) restrict development to the south-eastern corner of the site.

Figure 8 – Flood Hazard Overlay Mapping
The location of the dwelling and subsequent clearing has been designed to include exempt clearing areas along the fence lines and use of an existing access track to minimise removal of vegetation.
The applicant submitted an Ecological Assessment Report which confirms that the area of clearing has been minimised and that no significant fauna or flora species were observed on the site. Conditions relating to the requirement for a fauna spotter during clearing and clearing to limited to bushfire hazard assessment areas are recommended to be included as part of any approval.
Bushfire
A Bushfire Hazard Assessment Report was submitted as part of the application and details the degree of bushfire hazard and associated risks. The report concludes that a 26metre wide Asset Protection Zone is required around the proposed dwelling to achieve compliance with the State Planning Policy. The setback provides a BAL 29 construction standard for the dwelling.
Access
The applicant proposes to utilise an existing access track extending across the site to access the proposed dwelling and details that no further clearing is required. Some minor upgrading of the existing track will be required for construction and access however the applicant indicates that this can be undertaken within the existing cleared area.
Koala
The subject site is mapped as a Koala Priority Area and Core Koala Habitat Area under the Koala Conservation Strategy mapping. The proposal does not trigger referral to the State or Assessment against the benchmarks as the proposed clearing meets the exemptions under schedule 24 of the Planning Regulation 2017 relating to essential management. Consequently, the proposed clearing would not involve prohibited development under Schedule 10, Part 10, Division 2, Section 16A of the Regulation.
Second dwelling
As part of the information request, the applicant was requested to clarify the existing structures on site and to demonstrate that the existing central building in the flood area was to be decommissioned. The applicant responded with an amended plan and written confirmation that that the central building is to be decommissioned for habitable use. A condition can be imposed as part of any approval.
Agricultural Land Overlay
The proposed secondary dwelling is located within 200 metres of an adjoining property mapped Agricultural Land Conservation Area. Acceptable Outcome AO2.4 of the Rural Zone Code requires that “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”.
The subject site has no areas on site that are above the flood line and that are located outside the 200 metre requirement. It is noted that the mapped agricultural land is located over three parcels of land that are currently used for rural -residential purposes and that the proposed dwelling location similar to surrounding dwellings.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to Councils Senior Environmental Officer who provided the following comments:
Biodiversity
The proposed dwelling is located within the Biodiversity, Waterway and Wetlands Overlay Map. The Noosa Plan 2020 (Biodiversity Code AO1.2 and AO1.3) requires development to be located in existing cleared areas, an existing cleared area is located within the middle of the lot however the flood mapping deems this area to not be appropriate. The Bushfire Hazard Assessment indicates that the minimum amount of vegetation to be cleared for the Asset Protection Zone has been utilised to minimise the impact on vegetation. On review of the supplied Ecological Assessment Report it has been determined that the proposed location is the most suitable as vegetation clearing is minimised, no significant fauna or flora were identified and an existing track will be utilised for access (no additional clearing required).
Koala
The proposed development area is mapped as Koala Priority and Core Koala Habitat Areas (state mapping) The application proposed to utilise vegetation clearing exemptions allowed under the Schedule 24 of the Planning Regulation 2017. The proposed clearing meets the ‘essential management (n) exemption and is therefore not required to be referred to the State.
Bushfire
The proposed location is mapped under the Bushfire Hazard Overlay Map as High Potential Bushfire Intensity. The application included the required Bushfire Hazard Assessment report identifying that a 26m wide Asset Protection Zone is required to achieve a BAL 29 standard and to meet the State Planning Policy and Noosa Plan 2020 bushfire requirements. This clearing is exempt under Schedule 24 of the Planning Regulation 2017 as essential management.
Although the Noosa Plan 2020 Bushfire Hazard Overlay Code is not applicable for this application the State Planning Policy - Natural hazards, risk and resilience state interest – Bushfire (May 2021 v1.0) states if no reticulated water is available then a dedicated static water supply must be available solely for fire-fighting purposes is available (not including swimming pools, dams, ponds). A condition has been included.

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 MCU21/0221 for a Material Change of Use - Dwelling house situated at 797 Ringtail Creek Rd Pomona Qld 4568 and described as Lot 4 RP 213871, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0221
Street address:	797 Ringtail Creek Rd Pomona Qld 4568
Real property description:	Lot 4 RP 213871
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
0521SS sheet 1		Site Plan  - Accolade Building Design	02.02.2022
0521SS sheet 2		Floor Plan  - Accolade Building Design	02.02.2022
0521SS sheet 3		Elevations  - Accolade Building Design	02.02.2022
0521SS sheet 4		Sections  - Accolade Building Design	02.02.2022
N/A	1	Ecological Assessment Report prepared by Equilibrium Ecology	14/12/2021
N/A	1	Bushfire Hazard Assessment prepared by Equilibrium Ecology	25/10/2021
Currency Period
This development approval lapses if the use has not happened by 10 March 2028 unless an application to extend the currency period is approved by Council.
Nature of use
The premises must be used in accordance with The Noosa Plan definitions for a Dwelling and must be for the exclusive use of one household only.
The site must not be used as Multiple Dwelling and/or Short Term Accommodation or any other residential use as defined by The Noosa Plan, except a Dwelling.
The existing shed detailed on Accolade Building Design - Site Plan Sheet 1 is to be decommissioned prior to the use of the dwelling commencing.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 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.
Retention of Existing Trees
All trees and vegetation identified for retention must be protected in accordance with AS 4970, Protection of trees on development sites.
Vegetation areas for protection must:
Be protected in accordance with the approved Sheet 1 - Site Plan.
Be protected with a 1.8m high temporary safety fence or temporary barrier mesh or three-strand plain wire with pickets at 3m centres.
Have the fence installed and maintained for the entire period of construction.
Have ‘Exclusion Zone’ (‘No Go’) signage fixed to the fence at 10m centres.
Have no construction material, equipment or personnel entering the area except to undertake approved rehabilitation activities.
*(Refer to Advisory Note)
Vegetation Removal
All tree and vegetation removal works must be undertaken by a qualified person*.
*(Refer to Advisory Note)
A qualified person * must be engaged for the duration of the works to:
Ensure works are carried out in accordance with Sheet 1 – Site Plan listed within this Decision Notice.
Oversee installation of all tree protection fencing prior to commencement of any works onsite (including any clearing).
Supervise tree protection within the development site and frontages, prior to, during and following construction in accordance with AS 4970, Protection of trees on development sites.
Oversee approved tree removal in proximity to retained trees.
Undertake a risk assessment of all trees within striking distance of the development works and site and carry out hazard removal and amenity pruning in accordance with AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Fauna Management
A qualified person* must be engaged to manage fauna prior and during clearing to:
Ensure works are carried out in accordance with the Nature Conservation Act 1992.
Undertake pre-clearing inspections including fauna relocation and removal or blocking of all vacant hollows.
Ensure clearing works avoids nesting times of animals and birds.
Co-ordinate staging and sequence of clearing with fauna protection.
Protect and recover fauna during clearing operations (not previously removed).
Manage the translocation of animals and recovery procedures in accordance with relevant legislation.
*(Refer to Advisory Note)
Land Rehabilitation
A “no clearing zone” must be established and maintained over the land area located outside the Asset Protection Zone identified as Exempt Vegetation Clearing and Extent of Vegetation Clearing on Sheet 1 – Site Plan on the Approved Plans. The following activities must not be carried out within the no clearing zone:
clearing, cutting down, poisoning, lopping or pruning of native vegetation which is indigenous to, or planted within, the zone
soil/spoil dumping and/or compacting
soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
declared plants under the Land Protection (Pest and Stock Route Management) Act 2002 and sub-ordinate Regulation 2003, and any Council Listed Environmental Weeds, Exotic Grasses and other plants identified in writing by Council
indigenous native trees which pose a well-founded threat to persons or property as approved in writing by Council
controlled bushfire burns to maintain ecological processes subject to submission of a Bushfire Management Plan and agreed in writing by Council.
A qualified person* must manage plant pest (weeds) to:
Ensure plants listed as Class 1 and 2 declared pests within Council’s Pest Management Plan are controlled and prevented from spreading.
Oversee management techniques that minimise regrowth, prevent damage to non-target species, retain conservation values and maintains site stability.
*(Refer to Advisory Note)
Bushfire Management
The development must be carried out in accordance with the Bushfire Hazard Assessment report listed within this Decision Notice.
A copy of the Bushfire Hazard Assessment report listed within this Decision Notice must be provided to the nearest fire authority.
The site must be provided with a water storage reservoir having a minimum 5000 litres of water for emergency firefighting purposes. Such storage must be provided in addition to the water supply capacity required for the use and must be provided in the form of either an accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage for firefighting purposes must be provided either in a separate rainwater tank or a reserve section in the main water supply tank on which:
the domestic take off from the tank is at or above the 5,000 litre point; and
standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel drive rural services vehicles
The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building.
Certification must be submitted to Council from a qualified person* which certifies that the development has been constructed in accordance with the bushfire management conditions of this Decision Notice.
*(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:
Qualified Person
For the purpose of preparing a Fauna Management Plan, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of fauna assessment and management.
Undertaking, supervising tree works and preparing arboriculture certification, is considered to be a person with a minimum three years current experience in tree protection, hazard identification/mitigation and Specifying Trees – a guide to assessment of tree quality (NATSPEC) assessment and either:
International Society of Arboriculture (ISA) certification; or
A Diploma of Arboriculture.
Managing Fauna protection is considered to be a certified Fauna Spotter Catcher.
For the purpose of preparing a Bushfire Management Plan, and for certifying compliance with the bushfire requirements of this Decision Notice, a qualified person is considered to be an ecologist with a minimum of 3 years current experience in the field of bushfire assessment and management.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Removal of Existing Trees and Vegetation
Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as well as optimum weed seed sterilisation.

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
property notes
MCU21/0221– No Clearing Zone
A “no clearing zone” applies to this property for the purpose of vegetation protection. The landowner must maintain the property in accordance with the ecological preservation conditions of Council Approval MCU21/0221.
MCU21/0221 – Bushfire Management
To ensure the safety of people and property on this property is maintained, all buildings and structures must be sited and/or constructed in accordance with the bushfire management conditions of Council Approval MCU21/0221 and associated Operational Work approvals.
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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