Delegated Report - Code - Planning MCU21 0053

Author				Development Planner, Nick Cooper
Assessment Manager 	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0053
Applicant	Niall Francis Coburn
Proposal	Material Change of Use - Dwelling house
Properly Made Date	29 March 2021
Information Request Date	27 April 2021
Information Response Date	28 April 2021
Decision Due Date	7 June 2021
Report Completed Date	2 June 2021
Report Reviewed By	Lisa Pienaar – 1 June 2021

PROPERTY DETAILS
Property Address	83 Tunba Ct Cooroy Mountain Qld 4563
RP Description	Lot 2 RP 201173
Land Area	195300.00 m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity, Waterways and Wetlands Area of Biodiversity Significance MSES Environmental Values Riparian Buffer Area Waterways MSES Regulated Vegetation – intersecting a watercourse MSES Regulated Vegetation – Category R GBR Riverine Bushfire Hazard High Potential Bushfire Intensity Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Waterways Regional Infrastructure Water Supply Buffer Area Water Resource Catchment
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house & Outbuildings.  The application is triggered as the dwelling is located within 200m of Agriculture Land Conservation Area (ALCA) Overlay on an adjacent property.
An existing dwelling is located on the property and is to be decommissioned subject to the approval of the proposed removal dwelling. The proposed dwelling is 1 storey and consists of 4 bedrooms, 1 bathroom, laundry, kitchen and living areas.  The proposed outbuildings include a stable (31m long) and tack room (for keeping of saddles and equipment) which are located to the south of the proposed dwelling as shown on the site plan.  No clearing of vegetation is proposed.
The locality and proposal plan are included below
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

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Figure 4 – Elevations

Figure 5 – Removal Dwelling

Figure 6 – Removal Tack Room

site details
Site Description
The site is undulating with some cleared level areas and waterways intersecting the allotment. Vegetation exists along the waterway corridors and within the southern section of the lot which is part of a hill.   An existing dwelling and driveway are located in the southern part of the allotment.
Surrounding Land Uses
The lot adjoins Cooroy Mountain to the west and is surrounded by grazing / rural lifestyle allotments.
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.
The subject site is located in Cooroy Mountain and is zoned Rural. The proposed use is identified as 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 and 9m to the pitch of the roof	1 storeys Approx. 4 metres	
Site cover	40% max	>40 %	
Gross floor area	500 m² max	Approx. 300m²	
Boundary setbacks Frontage Side ALCA Land	10 metres min 10 metres min 200 metres min	300+metres 15 metres 15 metres	X
ALCA Setback – 200m
The Rural zone code seeks a setback of 200m from ALCA land on an adjacent property. The proposal is setback 15m from ALCA on adjacent land. Performance Outcome PO2 is the corresponding PO and is provided below:
PO2
Development does not result in the loss or diminished productive capacity of Agricultural Land Conservation Area.
While the proposal is located  15m from ALCA, the adjacent land is used for grazing / ‘house paddock’ purposes.  The neighbouring properties all include dwellings within 200m of the ALCA land therefore it is unlikely that the proposed location of the dwelling will have any diminishing impact the designated ALCA as the land is already surrounded by sensitive uses. It is unlikely that any expansion of agricultural uses would occur in this area due to small lot sizes to the north and the close proximity to the existing dwelling house on the neighbouring land.
The proposed 15m setback to the side boundary complies with the minimum 10m zone setback requirements and ensures the position of the dwelling avoids low lying vegetated areas and has minimal impact on the existing grazing / hobby farm opportunities on the subject site.
Therefore, given the above, it is unlikely the subject dwelling house’s location would diminish the productiveness of ALCA as the use is a small rural lot in a’ house paddock’.
Waterways Setback – 100m
The Rural zone code seeks that Buildings used to house animals, temporary holding yards, structures containing areas of animal waste or by-product disposal are not within 100 metres of a waterway shown on the Biodiversity, Waterways and Wetlands Overlay Map. The Site Plan shows a stable located 70m from the mapped waterway to the south and 75m from the mapped waterway to the north (refer to Figures 7 and 8).  Despite being within 100m of a waterway the stables are not considered an intensive rural activity as they will only house approximately 5/6 horses at any one time.  Therefore, the stables are unlikely to cause environment harm or nuisance that wouldn’t reasonably expected within the rural zone and the separation distance is considered adequate.  Conditions will be included to ensure the use of the stable does not impact on the waterways.   Therefore, the proposal complies with PO8.

Figure 7 – Location of Stable

Figure 8 – Location of mapped Waterways and approximate location of the stable
Existing Dwelling
It is noted that there is an existing dwelling on site, however the applicant has indicated only portions of the structure currently have building approval. A condition requiring the structure be decommissioned will be included in the approval.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The productiveness of the ALCA will not be diminished by the proposal as the adjacent property is used as a small-scale rural lot used for grazing / a ‘house paddock’.  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 MCU21/0053 for a Material Change of Use - Dwelling house situated at 83 Tunba Ct Cooroy Mountain Qld 4563 and described as Lot 2 RP 201173, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0053
Street address:	83 Tunba Ct Cooroy Mountain Qld 4563
Real property description:	Lot 2 RP 201173
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for a  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
00208-20 1	B	Site Plan	19-11-21
00208-20 2	B	Floor Plan	19-11-21
00208-20 4	B	Elevations	19-11-21
Currency Period
This development approval lapses if the use has not happened by 2 June 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 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.
Removal Home
Any part of the Dwelling house that is affected by termite attack, borers, dry rot or severe weathering or is damaged as a consequence of relocation, must be repaired or replaced using new or sound second-hand materials.
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)
Water Quality
The development must be operated in a manner that reasonably prevents prescribed water contaminants entering the waterways.
Vegetation
Existing vegetation on the site and in the road reserve must be retained unless written authorisation from Council is granted for the clearing.
Trees onsite are to be retained and must be protected from the removal process (ie transporting the dwelling onto the site), 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.
Existing Dwelling
The existing dwelling on site must be decommissioned prior to the commencement of use of the approved Dwelling house. In this regard, the building must not be self-contained (i.e Class 1a) and must only be used for non-habitable purposes.
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
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.
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
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 relevant State 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.
http://www.noosa.qld.gov.au/documents/40217326/40415739/Vehicle%20Crossover%20Application%20Pack.pdf
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
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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