Delegated Report - Code - Planning RAL20 0020

Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	RAL20/0020
Applicant	Maxwill Neville Richardson PR Kevin Richard Richardson PR
Proposal	Reconfiguring a Lot - Boundary Realignment (3 Lots into 3 Lots)
Properly Made Date	3 September 2020
Information Request Date	2 October 2020
Information Response Date	25 August 2021
Decision Due Date	1 October 2021
Report Completed Date	22/09/2021
Report Reviewed By	Lisa Pienaar 12 October 2021

PROPERTY DETAILS
Property Address	551, 563 & 571 Cooroy Belli Creek Rd Black Mountain QLD 4563
RP Description	Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321
Land Area	63,970m², 73,680m², 675,400m²
Existing Use of Land	Rural Lot with residential structures

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Zone	Rural Zone
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Map Biodiversity, Waterways and Wetlands Overlay Map Landslide Hazard Area Overlay Map
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring of a Lot (Boundary Realignment), to rearrange 3 lots into 3 lots. It is intended to realign the common boundaries of the Lots to eliminate the encroachments as shown on the Plan of Proposed Reconfiguration.
The proposed new common boundaries are located to reflect the terrain and significant vegetation and utilises the existing property boundaries. The applicant suggests that the new lot layout reflects the use of the property and will improve the management of the land.
The proposed new Lots contain the relevant structures, driveways, services and effluent disposal areas to function as intended. The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Frontage & Access
Lot 429 MCH481 (present): 293m frontage to Old Ceylon Rd, 230m aggregated frontage to Belli Creek Rd. Original driveway access to the old dairy exists on Eastern frontage to Belli Creek Rd, adjacent (North) to Lot 158 boundary;
Lot 158 MCH1321 (present): 52m frontage to Belli Creek Rd, presently inaccessible. Frontage is also grade-separated by a high cut embankment to the road reserve below, with mature vegetation along the boundary;
Lot 49 MCH1168 (present): 159m frontage to Belli Creek Rd, grade-separated by a high cut embankment to the road reserve below. Access is via a long driveway ramp that climbs along the top of embankment in the road reserve.
Site Description
The subject property comprises 3 Lots located at the south-western intersection of Cooroy Belli Creek Road and Old Ceylon Road at Ridgewood. The property contains a total area of 81.31 ha.
The property has been operating as a family-run dairy and cropping farm for several decades.
Two dwelling houses and numerous sheds and outbuildings stand adjacent to the Cooroy Belli Creek Road frontage, with structures standing over the existing boundaries.
The properties are generally undulating to steep and have been cleared of treed vegetation in the past, with vegetation remaining along the watercourses.
Surrounding Land Uses
Surrounding lots include rural land with rural pursuits and hobby farms.
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;
Reconfiguring a Lot Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code;
Landslide Hazard Overlay Code;
The subject site is located in Black Mountain 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, Waterways and Wetlands Overlay Code
Acceptable Outcome AO2 of the Reconfiguring a Lot Code requires a reconfiguration of a lot to achieve the following outcomes:

new boundaries to lots do not transect and fragment existing native vegetation;
new lots are created to allow for suitable building envelopes for future buildings and works to be located within existing cleared areas or areas of low ecological value;
building envelopes are designated for each lot; and
ecological linkages and ecologically important areas are secured by environmental covenant or transferred to public ownership or through gazettal of a nature reserve.

The corresponding Performance Outcome PO2 of the code requires that new lots are only created where ecological linkages are maintained and clearing of vegetation is minimised.
The application seeks approval to rearrange 3 lots into 3 lots. The creation of proposed Lot 158 would result in the south-western and southern boundaries intersecting a riparian buffer zone (100m in length) and protected vegetation (37m in length) as shown in yellow highlights below.

The application provides the following information to address the non-compliance with the Acceptable Outcome:
“A comparison is made between the proposed and existing boundary impacts with respect to Riparian Buffer crossings:
• The transection of Lot 158 proposed re-aligned boundary with the Riparian Buffer is approximately 100m long. There are no other transections of the Riparian Buffer by any other of the Lot realignments, so the total impact is approximately 100m.
• The existing boundary for Lot 49 encroaches on the Riparian Buffer for 156m along its end boundary and a further 31m as it returns uphill along the existing side boundary. There are no other transections of the Riparian Buffer by any other existing Lot boundaries, so the total existing impact is approximately 187m.
In terms of geometric impacts to the Riparian Buffer Zone, the proposed reconfiguration of lots therefore offers a 46% improvement on the existing situation.
It is also noted that Areas of Biodiversity Significance are impacted due to the existing boundary alignments of the 3 allotments: over a length of 80m at the bottom end of Lot 49 and for 27m across the Northern gully between Lots 429 and 158. A total impact on these Areas of approximately 107m. The reconfigured boundaries reduce this impact by moving Lot 49’s boundary out of the gully and while there is a small increase in transecting length between Lots 429 and 158, overall, the impact by proposed boundaries is reduced to 32m.
In terms of geometric impacts to Areas of Biodiversity Significance, the proposed reconfiguration of lots therefore offers a 70% improvement on the existing situation.
On the balance of the above assessment, the current proposal appears to present a better environmental outcome for a reconfiguration of the three lots.”
The applicant’s argument is accepted, and the development is considered to comply with the Performance Outcome of the Overlay Code on the proviso that:
• The extent of which boundaries intersect significant vegetation is being reduced.
• The overall environmental and vegetation clearing impact is being reduced.
• The boundary which intersects a riparian buffer area would not give rise to any additional exempt clearing and overall exempt clearing has been reduced and vegetation clearing minimised.
• The number of waterways intersected by boundaries are being reduced.

Minimum Lot Size and Dimension
Acceptable Outcome AO26 of the Reconfiguring a Lot Code requires that the rearrangement of lot boundaries results in an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with minimum lot sizes and at least one of the following is achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.
Where unable to achieve AO26, the corresponding Performance Outcome PO26 requires that development provides an improvement to the existing situation (where rearranging lot boundaries). Although not resulting in a layout that more fully complies with the minimum lot size and dimension, it is noted that the proposal demonstrates compliance with PO26 based on the following grounds:
• The proposal would consolidate a majority of the site to a single rural lot allowing for greater rural productivity.
• The proposed realignment eliminates various structural encroachments and consolidates residential dwellings and associated sheds on individual lots.
• The proposal creates lots that are more regular in shape.
• Safe access is provided to a lot that previously relied on other land for ingress and egress.
cONSULTATION
Referral Agencies
Not applicable.
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 RAL20/0020 for a Reconfiguring of a Lot (Boundary Realignment for 3 Lots into 3 Lots) situated at 551, 571, 563 Cooroy Belli Creek Rd Black Mountain QLD 4563 and described as Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0020
Street address:	551, 571 & 363 Cooroy Belli Creek Rd Black Mountain QLD 4563
Real property description:	Lot 429 MCH 481, Lot 49 MCH 1168, Lot 158 MCH 1321
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot (Boundary Realignment, 3 Lots into 3 Lots)
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 works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
19-4895AB	-	Plan of Proposed Reconfiguration, prepared by MWA	17/07/2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 12 October 2025, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
ENGINEERING
Property Access and Driveways
A sealed access driveway must be provided from Cooroy Belli Creek Road to all parking and manoeuvring areas for each of the proposed lots. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with:
Council standard drawing RS-056;
“Response to Information Request – Report”, Version 2, project No. 20.029, prepared by Long View Consulting Engineers, dated 24 August 2021; and
”Slope Stability Assessment – Proposed Lot 429”, 20362-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 28 July 2021.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All fill and associated batters relating to the access and house site for proposed lot 429 must be undertaken in accordance with an Operational Works approval, be contained entirely within the subject site (unless written permission from the respective landowner(s) is provided to Council), and generally in accordance with:
“Response to Information Request – Report”, Version 2, project No. 20.029, prepared by Long View Consulting Engineers, dated 24 August 2021; and
”Slope Stability Assessment – Proposed Lot 429”, 20362-001-Rev0, prepared by Tectonic Geotechnical & Environmental Engineers, dated 28 July 2021.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
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.
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
ENGINEERING
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
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	Access and Earthworks
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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