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Planning Report No. 61948 · RAL19/0011
PLANNING REPORT
NO. 61948
Application for a Development Permit for Reconfiguration of Lots by Boundary
Realignment (3 Lots into 3 Lots), involving land described as Lots 480 and 481 on
MCH524 & Lot 528 on MCH1930, situated at Happy Jack Creek Road, Ridgewood Qld
4563.
Prepared on behalf of Kaymond Pty Ltd
April 2019
Murray & Associates (Qld) Pty Ltd ACN 075 543 154 ABN 81 075 543 154 www.mursurv.com [email protected]
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Contents
Contact Details ..................................................................... 1
2.0 Summary ...................................................................... 2
3.0 Introduction ................................................................. 3
4.0 Characteristics of the Site and Surrounding Area ......... 4
4.1 Overview ............................................................................... 4
4.1.1 Location of Subject Site ................................................. 4
4.1.2 Land Zoning................................................................. 4
4.1.3 Surrounding Land Uses ................................................. 5
4.1.4 Current Registered Landowner ....................................... 5
4.1.5 Dimensions, Easements, Shape and Topography .............. 5
4.1.6 Existing Built Form ....................................................... 6
4.1.7 Access & Services ......................................................... 6
5.0 Reconfiguring a Lot ...................................................... 7
5.1 Development Details ............................................................... 7
5.1.1 Lot Sizes ..................................................................... 7
5.1.2 Access and Services ...................................................... 7
6.0 Development Assessment............................................. 8
6.1 Level of Assessment – Local Government .................................. 8
6.1.1 Relevant Codes ............................................................ 8
7.0 Triggered Overlays ....................................................... 9
7.1 Overlays ................................................................................ 9
8.0 State Planning ............................................................ 10
8.1 Referral Agencies ..................................................................10
8.2 State Planning Policy ..............................................................10
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Planning Report 61948 Murray & Associates (Qld) Pty Ltd April 2019
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9.0 Conclusions and Recommendations ............................ 11
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Planning Report 61948 Murray & Associates (Qld) Pty Ltd April 2019
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Figures
Figure 1 – Locality Map
Figure 2 – Zone Map
Appendices
Appendix A – Current Title Search
Appendix B – Survey Plan & SmartMap
Appendix C – Plan of Development, Plan No. 61948
Appendix D – Code Assessment
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Planning Report 61948 Murray & Associates (Qld) Pty Ltd April 2019
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Contact Details
Murray & Associates (Qld) Pty Ltd Contact: Blake Bell
Town Planning & Surveying Consultants Address: PO Box 246
Nambour Qld 4560
Phone: (07) 5441 2188
Fax: (07) 5441 2601
Email: [email protected]
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Planning Report 61948 Murray & Associates (Qld) Pty Ltd April 2019
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2.0 Summary
SITE DETAILS
Address Happy Jack Creek Road, Ridgewood Qld 4563
Real Property Lot 480 and 481 on MCH524 & Lot 528 on
Description MCH1930
Lot 480 on MCH524 – 102.5ha
Subject Land Area Lot 481 on MCH524 – 96.315ha
Lot 528 on MCH1930 – 3,726m²
Local Authority Noosa Shire
Current Registered Lots 480 & 528 - Kaymond Pty Ltd A.C.N 062 741 879
Landowner Lot 418 - Gregory Malcolm Walsh and Tammy Walsh
PLANNING SCHEME DESIGNATIONS
Planning Instrument Noosa Plan
Zone Rural Zone
Catchment Mary River Catchment
Zone Map Zone Map ZM5
APPLICATION DETAILS
Applicant Kaymond Pty Ltd
Reconfiguration of Lots by Boundary Realignment (3
Proposal
Lots into 3 Lots)
Application Type Development Permit
Level of Assessment Code Assessment
PROJECT TEAM
Town Planning
Murray & Associates (Qld) Pty Ltd
Consultant
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3.0 Introduction
Murray & Associates (Qld) Pty Ltd have been commissioned to prepare this
Planning Report on behalf of Kaymond Pty Ltd in support of an Application for a
Development Permit for Reconfiguration of Lots by Boundary Realignment (3 Lots
into 3 Lots), involving land described as Lots 480 and 481 on MCH524 & Lot 528
on MCH1930, situated at Happy Jack Creek Road, Ridgewood Qld 4563.
The Current Registered Landowners of the subject site, being Kaymond Pty Ltd
A.C.N 062 741 879 & Gregory Malcolm Walsh and Tammy Walsh (refer to
Appendix A of this report), have provided written consent to the proposed
development by signing the Company and Individual Owner’s Consent Forms
(Planning Act 2016), which accompany this Planning Report. Also accompanying
this Planning Report is completed DA Form 1 – Development Application Details.
The subject site comprises a combined area of 199.2ha and is situated within the
Rural Zone of the Mary River Catchment, as identified on Zone Map ZM5 of the
Noosa Plan. In accordance with Table 8.9 of the Noosa Plan, the proposed
development is ‘Code Assessable’.
The purpose of this Town Planning Report is to provide a detailed overview of the
proposed development in relation to the characteristics of the subject site, the
local area and the applicable local and state government planning regulations. In
this regard, an assessment has been undertaken in relation to the applicable
development and overlay codes of the Noosa Plan and the applicable State
Development Assessment Provisions, and should be read in conjunction with the
supporting information included within the Figures and Appendices of this report,
as well as the attached DA Form 1.
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4.0 Characteristics of the Site and Surrounding Area
4.1 Overview
4.1.1 Location of Subject Site
The subject site is situated at Happy Jack Creek Road, Ridgewood Qld 4563 and is
legally described as Lots 480 and 481 on MCH524 & Lot 528 on MCH1930. The
subject site is located approximately 16km west of the Cooroy Town Centre. Figure
1 below provides a locality map, which identifies the location of the subject site in
relation to the local area.
Subject Site
Figure 1 – Locality Map
4.1.2 Land Zoning
The subject site is located within the Rural Zone of the Mary River Catchment
Area, as identified in accordance with Zone Map ZM5 of the Noosa Plan. An
extract of Zone Map ZM5 is provided within Figure 2 of this report, identifying the
subject site in relation to adjoining and surrounding land zonings.
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Subject Site
Figure 2 – Zone Map ZM5
4.1.3 Surrounding Land Uses
The subject site is surrounded by land that is likewise included within the Rural
Zone and used for farming purposes.
4.1.4 Current Registered Landowner
The Current Registered Landowners are Kaymond Pty Ltd A.C.N 062 741 879 &
Gregory Malcolm Walsh and Tammy Walsh, as confirmed by the Current Title
Searches included within Appendix A of this report.
4.1.5 Dimensions, Easements, Shape and Topography
The subject site is irregular in shape and comprises a combined area of 199.2ha
of varying topography. For complete site dimensions refer to the Survey Plan
included within Appendix B of this report. In addition, it is noted that the subject
site is not encumbered by any easements in favour of a distribution entity or third
party interest, as confirmed by the Current Title Searches included within
Appendix A of this report.
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4.1.6 Existing Built Form
The subject site contains dwelling houses and associated structures on Lots 480
and 481 on MCH524 and presently used for farming purposes (cattle grazing). Lot
528 on MCH1930 is vacant. No clearing of vegetation or demolition of structures
will need to be conducted.
4.1.7 Access & Services
The subject lots are accessed via Happy Jack Creek Road and Crawfords Road.
The subject site is situated within a rural area and is serviced by the following
infrastructure services, including: -
Onsite water supply;
Onsite effluent disposal;
Reticulated electricity supply; and
Telecommunications.
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5.0 Reconfiguring a Lot
5.1 Development Details
This application seeks approval for a Development Permit for Reconfiguration of
Lots by Boundary Realignment (3 Lots into 3 Lots), involving land described as Lots
480 and 481 on MCH524 & Lot 528 on MCH1930, situated at Happy Jack Creek
Road, Ridgewood Qld 4563.
The subject site comprises an area of 199.2ha and is located within the Rural Zone
of the Mary River Catchment Area. A Plan of Development has been prepared by
Murray & Associates (Qld) Pty Ltd and is included within Appendix C of this report,
which demonstrates the proposed boundary realignment. The current size and
formation of Lot 528 on MCH1930 is not appropriate for its intended use as a rural
allotment. Furthermore, the farming operations on Lot 481 on MCH524 currently
encroach into Lot 528 on MCH1930 and notably the cattle yards. The purpose of the
proposal is to reposition the existing lot boundaries to better reflect how the land is
currently used and managed and to create a more appropriate lot size and
configuration for Lot 528 now proposed Lot 2.
5.1.1 Lot Sizes
The subject site comprises a combined area of 199.2ha and following approval of
the proposed boundary realignment, the following areas will apply for each newly
created allotment: -
Proposed Lot 1 – 96.68ha
Proposed Lot 2 – 8.351ha
Proposed Lot 3 – 94.13ha
5.1.2 Access and Services
The access and servicing arrangements associated with each lot, as detailed
above under Section 4.1.7 of this report, will utilise the existing road network and
services available to the subject site.
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6.0 Development Assessment
6.1 Level of Assessment – Local Government
As stated under Section 1.0 and Section 2.0 of this report, the proposed
development is Code Assessable, as determined in accordance with Table 8.9 of
the Noosa Plan.
As the proposal applies for a development type that is consistent with the intent of
the Rural Zone, an assessment of the proposed development in relation to the
strategic framework is considered unnecessary.
6.1.1 Relevant Codes
The applicable use and development codes for the proposed development are
listed as follows: -
Mary River Catchment Locality Code; and
Reconfiguring a Lot Code.
A comprehensive assessment of the proposed development against the Mary River
Locality Code and Reconfiguring a Lot Code has been prepared by Murray and
Associates (Qld) Pty Ltd and is attached within Appendix D of this report.
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7.0 Triggered Overlays
7.1 Overlays
As identified in accordance with the Overlay Maps of the Noosa Plan, the subject
site is triggered by the following overlays: -
Land Subject to Biodiversity Overlay – Streams and Rivers, Watercourses
and Drainage Lines, Riparian Buffer Area and Environmental Protection
Area;
Land Subject to Natural Hazards Overlay – Landslide Hazard Area, High
Potential Bushfire Intensity, Medium Potential Bushfire Intensity and
Potential Impact Buffer;
Land Subject to Natural Resources Overlay – Agricultural Land
Conservation Area and Water Supply Catchment;
Land Subject to Koala Habitat Areas – Schedule 7 – Habitat Regrowth and
Remnant Habitat.
As the proposed development does not seek to create any additional allotments
and the intent of the rearrangement is to reposition titles to better reflect how the
land is currently used and to create a more appropriate lot size and configuration
for existing Lot 528 (proposed Lot 2), an assessment of the above overlay codes
is not considered necessary, as the proposed lot layout does not conflict with the
intent of the overlay codes. Furthermore, no areas of environmental significance
will be disturbed, bushfire hazard will not be increased and agricultural viability
will not be impacted by the proposed reconfiguration of lot boundaries.
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8.0 State Planning
8.1 Referral Agencies
The Planning Act 2016 and the Planning Regulation 2017 provide the legislative
framework within Queensland for authorities (Local and State Government) to
assess development applications. Matters that require assessment may be
delegated to the Department of Infrastructure, Local Government and Planning
(DILGP) for assessment by the State Assessment and Referral Agency (SARA).
Following a review of the various referral triggers it is advised that this application
does not require referral to DILGP for assessment by SARA.
8.2 State Planning Policy
The State Planning Policy (SPP) outlines the Queensland Government’s policies
regarding matters of state interest in land use planning and development. The
SPP only applies to development assessment if the planning scheme has not yet
appropriately integrated the SPP. If a discrepancy arises between a local planning
scheme and a state planning policy, the state planning policy overrides the
planning scheme. As outlined within Part 2 of the Noosa Plan, the SPP’s were
adopted as part of the strategic planning phase of the new scheme. In light of the
above, an assessment of the proposed development against the SPP is not
required.
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9.0 Conclusions and Recommendations
This application provides justification for approval for a Development Permit for a
Reconfiguration of Lots by Boundary Realignment (3 Lots into 3 Lots), involving
land described as Lots 480 and 481 on MCH524 & Lot 528 on MCH1930, situated
at Happy Jack Creek Road, Ridgewood Qld 4563, on the following grounds:
The proposed development will not negatively impact on any areas of
agricultural or natural significance;
The proposal has been logically designed in accordance with the existing
natural and use characteristics of the subject sites;
The proposed allotments can gain access to the existing road network and
service infrastructure provision; and
The proposed development is clearly justified on planning, environmental
and rural viability grounds under the Noosa Plan.
Thus, on behalf of Kaymond Pty Ltd, it is recommended that Council issue approval
for a Development Permit for a Reconfiguration of Lots by Boundary Realignment (3
Lots into 3 Lots), involving land described as Lots 480 and 481 on MCH524 & Lot
528 on MCH1930, situated at Happy Jack Creek Road, Ridgewood Qld 4563.
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Appendix A Current Title Searches [OCR of page images] MURRAY®& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Current Title Searches
Page 17
Appendix B Survey Plan & SmartMap [OCR of page images] MURRAY®& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Survey Plan & SmartMap
Page 18
Appendix C Plan of Development, Plan No. 61948 Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY®& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix C Plan of Development, Plan No. 61948 Prepared by Murray & Associates (Qld) Pty Ltd
Page 19
Appendix D Code Assessment Prepared by Murray & Associates (QLD) Pty Ltd [OCR of page images] MURRAY®& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix D Code Assessment Prepared by Murray & Associates (QLD) Pty Ltd
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