Delegated Report - Code - Planning MCU21 0100

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	MCU21/0100
Applicant	Sustainable Planning Pty Ltd
Proposal	Material Change of Use - Dwelling house
Properly Made Date	7 June 2021
Information Request Date	5 July 2021
Information Response Date	21 February 2022
Decision Due Date	29 March 2022
Report Completed Date	18 March 2022
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	1179 Louis Bazzo Dr Cootharaba Qld 4565
RP Description	Lot 6 RP 204676
Land Area	40,090m²
Existing Use of Land	Vacant vegetated lot

STATUTORY DETAILS
SEQRP Designation	Rural Landscape
Zone	Rural Zone
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity Overlay Code
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Dwelling house. The new dwelling is proposed to be sited within the existing 3,000m2 cleared area. Access would be obtained via an existing cleared track off Louis Bazzo Dr which provides connectivity to the proposed dwelling location.
The applicant has supplied a Bushfire Management Plan prepared by Bushfire Risk Reducers, dated July 2021. The bushfire management plan requires that the proposed dwelling be constructed to a minimum BAL rating of 29 (Sections 3 and 7) under AS3959- 2018.
It is also recommended that a minimum 13m setback is provided for asset protection purposes.
As previously mentioned, an approximate area of 3,000m2 has been previously cleared. The applicant proposes to rehabilitate 2,500m2 and maintain a cleared area of 500m2 for the purpose of constructing the dwelling.
The site is proposed to be rehabilitated in liaison with the State Assessment and Referral Agency, given the site is located within a Koala Priority and Habitat Area. Only 500m2 would be preserved as cleared land to achieve compliance with the Koala Habitat state exemptions. Refer to Figure 3 which shows proposed clearing (bold circle around house) area and existing clearing (arrows) which is proposed to be rehabilitated.
The proposed dwelling is single storey and has a total footprint of 214m2.
The locality and proposal plans are included below.

Figure 1 – Locality

Figure 2 – Location of dwelling and existing clearing
Figure 3 – Clearing Plan (circle indicate proposed clearing, arrows show existing 3,000m2 cleared area)

Figure 4 – Floor Plan

Figure 5 – Elevations

site details
Background
No planning or engineering approvals have been issued over the lot. It is understood that the previous landowner undertook unlawful clearing prior to the sale of the lot. The clearing is limited to a circular area located on the front portion of the block (refer to Figure 1).
Site Description
The site is heavily vegetated and partly located within a riparian buffer area. A portion of the lot has been previously cleared. The land slopes to the rear from the cleared elevated crown.
Surrounding Land Uses
The lot is surrounded by rural lots which are heavily vegetated. The extent of adjoining development includes residential dwellings.
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
Driveways and Parking Code
Biodiversity 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:
Biodiversity Overlay Code
As shown below, the lot is wholly located within the Biodiversity Overlay Code which includes protected vegetation throughout the site. A riparian buffer area also traverses the rear of the lot.
The applicant seeks approval to construct a dwelling wholly within an existing 3,000m2 cleared portion of the lot. The clearing has not been approved by Council and the applicant suggests the clearing was undertaken by the previous landowner.
Given the vegetation is protected and also included within a Koala Priority and Habitat area, the applicant, in consultation with the State Assessment and Referral Agency, proposes to maintain a maximum cleared area of 500m2, with the balance of the land to be rehabilitated. The applicant is willing to accept conditions of approval in this regard. The rehabilitation is proposed to ensure the development would demonstrate compliance with PO1 of the Biodiversity Overlay Code and the exempt development provisions of the State for koala habitat purposes.
The applicant has also provided a bushfire hazard assessment which supports the extent of clearing (500m2) and requires minimum BAL rating for future building.
In considering the dwelling is proposed wholly within an existing cleared area and extensive rehabilitation is proposed, the development demonstrates compliance with PO1 of the Biodiversity Overlay Code on the proviso that the existing dwelling limits clearing as much as possible, and the development would protect and enhance significant vegetation.
A condition of approval has been included requiring rehabilitation of 2,500m2 of cleared vegetation.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency on the basis that the lot obtains access via a State Controlled Road (Site within 25m of the State Transport Corridor).
The Department has responded advising that they have no objections to the approval subject to reasonable and relevant conditions.
Internal Council Referrals
Not applicable
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 MCU21/0100 for a Material Change of Use - Dwelling house situated at 1179 Louis Bazzo Dr Cootharaba Qld 4565 and described as Lot 6 RP 204676, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0100
Street address:	1179 Louis Bazzo Dr Cootharaba Qld 4565
Real property description:	Lot 6 RP 204676
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
22-001-A	C	Site Plan, prepared by Riverside Drafting & Design	28/01/2022
22-001-A	C	Floor Level, prepared by Riverside Drafting & Design	28/01/2022
22-001-A	C	Elevations, prepared by Riverside Drafting & Design	28/01/2022
22-001-A	C	Elevations, prepared by Riverside Drafting & Design	28/01/2022
Currency Period
This development approval lapses if the use has not happened by 10 March 2024, 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 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.
Landscaping
Existing trees on the site must be retained, except where required to be removed to accommodate the approved dwelling.
Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing.
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.
Earthworks
Fill material placed over services must not impose any additional surcharge loading on the service.
Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides and base of services). A retaining wall must be provided to support the soil surrounding utility infrastructure where proximate to excavation activities.
Compaction with a vibrating roller must not be carried out within 600mm of any utility infrastructure.
Water Supply
The approved dwelling must be serviced with a rainwater tank having a minimum storage capacity of no less than 60,000 litres.
Bushfire Management
The development must be carried out in accordance with the Bushfire Report prepared by Bushfire Risk Reducers, dated July 2021.
Landscaping Works
The development site must be landscaped and rehabilitated within one (1) year following the commencement of the use. The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
The 2,500m2 of rehabilitation land shown on the Approved Site Plan and as detailed in the Bushfire Report prepared by Bushfire Risk Reducers, dated July 2021.
Be revegetated with a species mix and density reflective of the local variant of the Regional Ecosystem, site specific conditions and infrastructure requirements.
control of all weeds species listed in the following standards and legislation:
declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate Regulation 2016).
Noosa Local Government Area Pest Management Plan 2015-2019.
All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth.  All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached.
All landscape works must be maintained generally in accordance with the approved design for the life of the development.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.9.4.2.4.1 State transport corridors and future State transport corridors	The agency provided its response on 17 March 2022  (Reference No. 2107-23543 SRA). A copy of the response is attached

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.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
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 Operational Works	Landscaping and rehabilitation
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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