SOMERSET REGIONAL COUNCIL - OFFICER'S REPORT[Delegated Decision]To: Jason Bradshaw, Chief Executive OfficerFrom: MathewStevens, Planning officer - GraduateDate: 12 June 2019Subject: DevelopmentApplication No. 18669

Applicationfor a DevelopmentPermit for Building Works assessableagainstthe Planning Scheme for a Domestic Outbuilding (siting relaxation)

File No: DA18669 Action Officer: PO - MSAssessmentNo: 81172-71800-000

1.0 APPLICATION SUMMARYSubject LandLocation 34 Katebridge Drive, Mount ArcherReal Property Description Lot 3 on SP220433Area 1.301 hectaresCurrent land use Dwelling house

Somerset Region Planning Scheme Version ThreeZone Rural

ShapingSEQLand Use Category Regional Landscape and Rural Production Area

ApplicationProposed Development DomesticoutbuildingCategory of Assessment CodeApplicant/s Stephen James SavageApplicant contact details 34 Katebridge Drive

Mount Archer Old 4514Date application received 5 June 2019Date properly made 5 June 2019

Referral AgenciesConcurrence Agencies None applicable

Public Notification Not required

RECOMMEND DECISIONThat Council approve the DevelopmentApplication No. DA18669 subject to the requirementsand conditions contained in the Schedules and Attachments.

Locality Plan of Lot 3 on SP220433Situated at 34 KatebridgeDrive, Mount Archer

2.0 PROPOSALThe applicant has proposed the establishmentof a Domestic outbuilding towards the south-western corner of the site. The proposed Domestic outbuilding is 12m by 15m and is proposedto be setback 20m from the rear (western boundary) and 7m from the side (southern)boundary. The proposed shed will be 3.758m high at the apex. The new shed will result in

1.38% site coverage. Total site coverage for the property will be approximately 5.75%

counting this proposed structure, plus the dwelling house currently under construction. Theproposed domesticoutbuilding is designated a class 10 structure (not for habitable purposes).

3.0 SITE DETAILS AND SURROUNDING USESThe subject site is an irregularly shaped lot zoned as Rural. The site has an easement alongthe northern boundary, and has approval for a dwelling house that is currently underconstruction. The site is bordered by Katebridge Drive along the front of the property (easternboundary). The site is bordered by Rural zone properties along remaining boundaries, ofvarious lot sizes, improved upon with dwelling houses and domestic outbuildings.

4.0 STATE LEGISLATION ASSESSMENT4.1 VEGETATION MANAGEMENTACT 1999As per the Departmentof State Development, Manufacturing, infrastructure and Planning'sDevelopment Assessment Mapping System, the proposed development footprint does notcontain regulated vegetation and thereforedoes not require further referral.

4.2 ENVIRONMENTALPROTECTION ACT 1994The site is not listed on the Contaminated Land Register or the Environmental ManagementRegister.

5.0 ASSESSMENT5.1 LOCAL GOVERNMENTAn assessment against the relevant parts of the planning scheme is set out below.

Strategic FrameworkAn assessment against the Strategic Frameworkwas not required as the developmentapplication is a code assessable developmentapplication.

Code ComplianceSummaryAssessmentBenchmarks Compliance with Performance outcomes

Overall OutcomesDwelling house code Yes Complies

Dwelling house code

Performance Outcome AcceptableOutcomePO1 AO1.6The scale, intensity, and siting of dwelling A dwelling house in the Rural zone ishouses maintains the character and located a minimum of 15 metres from anyamenity of the locality. side boundary.

Performance Outcome AssessmentThe proposed Domestic outbuilding is to be constructed towards the south-western cornerof the property. The proposed shed will be of similar scale and intensity to other dwellings

and structureswithin the immediate locality. The proposed shed does not complywith-AO1.6 of the Dwelling house code, thus triggering code assessment. The applicant is

requestinga side boundary relaxation of 8m, siting the shed 7m from the boundary. The

applicant is requesting the siting relaxation to: avoid sloping land on site, and avoid sitingthe shed in front of the dwelling house. As the proposed shed is in keeping with the scale,intensity and general siting intended under the Dwelling house code, as well asmaintaining intensityand scale expectations of the Rural zone code, thus considered as

complyingwith the performanceoutcome.

6.0 OTHER PLANNING CONSIDERATIONS6.1 EnvironmentThe proposal will not lead to environmental degradation and as such there are noenvironmentalconsiderationsfor the proposal.

6.2 HeritageThere are no known heritage places within or adjoining the site area.

7.0 REFERRAL AGENCIESThere were no referral agencies for this application, in accordance with the PlanningRegulation 2017.

8.0 DELEGATION OF AUTHORITYThe Chief Executive Officer has the power to act as the Assessment Manager for applicationsreceived by Council under Chapter 3 of the Planning Act 2016 and to decide applicationsunder section 60 of the PA. Council granted this power on Wednesday, 28 June 2017. Thisdelegation was reviewed by Council on 24 January 2018.

9.0 CONCLUSIONThe proposed development is for construction of a Domestic outbuilding on Rural zonedproperty at Lot 3 on SP220433. The applicant is requesting a setback relaxation of 8m fromthe side boundary (siting the new structure 7m from the boundary). While this conflicts withA01.6 of the Dwelling house code, the proposed shed is in keeping with the scale, intensity,and general siting under both the Dwelling house code and Rural zone code, so taken as

complyingwith PO1, as well as complyingwith PO2 & PO3.

10.0 ATTACHMENTS1. Site plan, Prepared by the Applicant, Council's reference: DA18669 - Attachment 1,

Received on 5 June 20192. Front and Rear Elevation, Prepared by Now Buildings, Provided by the Applicant,

Council's reference: DA18669 - Attachment 2, Received on 5 June 2019.3. Left and Right Elevation, Prepared by Now Buildings, Provided by the Applicant, Council's

reference: DA18669- Attachment 3, Received on 5 June 2019.4. Floor Plan, Prepared by Now Buildings, Provided by the Applicant, Council's reference:

DA18669 - Attachment 4, Received on 5 June 2019.

RECOMMENDED DECISIONThat Council approve the application for a Development Permit for BuildingWorks assessableagainst the Planning Scheme for a Domestic Outbuilding (siting relaxation) on land describedas Lot 3 on SP220433, situated at 34 KatebridgeDrive, MountArcher, subject to the conditionsand requirements in the Schedules.

That Council's report for this applicationbe published to the website as Council's Statementof Reasons in accordance with s63(5) of PlanningAct 2016.

SCHEDULE 1- Planning

AssessmentManagerNo Condition Timing1.1 Carry out the development generally in accordance with the At all times.

material contained in the development application, supportingdocumentation and the plan listed below, except where amendedby these conditions of approval.Site plan, Prepared by the Applicant, Council's reference:DA18669- Attachment 1, Received on 5 June 2019.Front and Rear Elevation, Prepared by Now Buildings, Providedby the Applicant, Council's reference: DA18669 - Attachment 2,

Received on 5 June 2019.Left and Right Elevation, Prepared by Now Buildings, Providedby the Applicant, Council's reference: DA18669- Attachment 3,

Received on 5 June 2019.Floor Plan, Prepared by Now Buildings, Provided by theApplicant, Council's reference: DA18669 - Attachment 4,

Received on 5 June 2019.

1.2 Comply with the relevant provisions of the Somerset Region At all times.Planning Scheme, Planning Scheme Policies and Local Laws.

1.3 Unless otherwise approved by Council, the domestic outbuilding At all timesis never to be occupied by persons on a permanent, semi-permanent or intermittent basis, or any other residential useassociated with a Class 1 building as defined by the BuildingCodes of Australia.

SCl· EDULE 2 - EngineeringAssessmentManagerNo Condition | Timing2.1 All buildings, structures, fittings, fixtures and grounds forming part At all times

of this development approval must be maintained-? in a serviceable condition; and? in a state of good repairand efficient action; and? in a clean, sanitary condition; and

? free of accumulateddisused materials; andfree of vermin and pest infestations,

2.2 All construction/ demolition or other waste is to be removed from At all times.site and deposited at an approved waste disposal facility in a

manner acceptable to Somerset Regional Council unlessotherwise authorised by Council.

2.3 Light sources must be positioned, and shielded when At all times.necessary, to prevent light spillage causing a nuisance to anyother premisesoutside the boundaries of the property to whichthis development approval relates.

SCHEDULE 3.-. AdviceAssessment ManagerThis approval has effect in accordance with the provisions of section 71 of the PlanningAct 2016, and development may commence in accordance with section 72.

Currency Period - Pursuant to section 85 of the Planning Act 2016 the approval will lapseif the first change of the use under the approval does not start within the 'currency period'-being two (2) years starting the day the approval takes effect.

The applicant may make representations (change representations)about a matter in thisdevelopment application within the applicant's appeal period under the processestablished in chapter 3, part 5, subdivision 1 of the Planning Act 2016.

The Planning Act 2016 provides for a person to make a change to this developmentapplicationoutside the applicant's appeal period, following the process outlined in chapter3, part 5, subdivision2 of the Act.

Separate development approval is required for any building work and plumbing/drainagework necessitated by the conditions contained in this approval.

Dust pollution arising from the construction and maintenance of the works required by thisapproval are the applicant's responsibility. The applicant must comply with any lawfulinstruction from Council Operations department if in Council's opinion a dust nuisanceexists.

The rights of applicants to appeal to a tribunal or the Planning and Environment Courtagainst decisions about a developmentapplication are set out in chapter 6, part 1 of thePlanning Act 2016. For particular applications, there may also be a right to make anapplication for a declaration by a tribunal (see chapter 6, part 2 of the Planning Act 2016).

Landowners are responsible for the construction and maintenance of any vehicular accessfor the property, from the road carriageway to property boundary in accordance withCouncil'sstandards.

Attachmentsfor-the Decision Notice include:1. Site plan, Prepared by the Applicant, Council's reference: DA18669 - Attachment 1,

Received on 5 June 2019.2. Front and Rear Elevation, Prepared by Now Buildings, Provided by the Applicant,

Council's reference: DA18669 - Attachment 2, Received on 5 June 2019.3. Left and Right Elevation, Prepared by Now Buildings, Provided by the Applicant, Council's

reference: DA18669 - Attachment 3, Received on 5 June 2019.4. Floor Plan, Prepared by Now Buildings, Provided by the Applicant, Council's reference:

DA18669 - Attachment 4, Received on 5 June 2019.

This completes the report for DA18669.

Mathew Stevens, Planning Officer - Graduate Date

13/06/2019Director, Planning and Development Date

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DA18669 - Attachment 2

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FRONT ELEVATION

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REAR ELEVATION

.. ... ..:. . . . . . DRAWINGDETAILS

ProposedProject: 12m x 15m x 2 7rn - Enclosed Building Quote: Savag016524

BUlLDINGSCustomer: "The NightcIdf Chirocractc Trust". Stephen Savage Drawing No.: Quote

9 6 1300 554 682 Site: 34 Katebridge Drive. Mount Archer OLD 4514 Drawing Type: ArchitecturaíDrawings. n dhgs conat

Drawing Scale: 1:59

DA18669 - Attachment 3

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DRAWING DETAILS

ProposedProject: 12m x 15m x 2.7m Erc osen Building Quote: Savag0!6524

UlDlNGSCustomer: i N ohtchff Cmmpràctic 1rus . Sum%: Sav2ce Drawirig No.: Qu:Ae

5 5 802 Site: 34 Kaic:brn:jae DWve MountArcher QLD. 451d Drawing Type: Ar:hKectura!Dra#nas

Drawing Scale: 1 81

DA18669 - Attachment 4

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ProposedProject: 12m x 15m 2.7m - Erclosed Bu d ng Quote: Savag016524

BU LDINGSCustorner: i he Nightcliff Chirocra c Tru Stemen Sa ag Drawing No.: Cante

. , .: N2 Site: M 'r;atabadgcDnve Mour'. Archer Q| D. 4514 Drawing Type: Engm?nngDrawing

Drawing Scale: 1.106