Delegated Report - Code - Planning RAL22 0013

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0013
Applicant	Donald James Colston
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	29 June 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	10 November 2022
Report Completed Date	10 November 2022
Report Reviewed By	Nick Cooper 10.11.22

PROPERTY DETAILS
Property Address	39 Lorilet St & 42 Lowry St Peregian Beach Qld 4573
RP Description	Lot 392 SP 246599, Lot 402 SP 246599
Land Area	Lot 402 (39 Lorilet): 955m² Lot 392 (42 Lowry): 697m²
Existing Use of Land	Dwelling houses and associated structures

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Coastal Communities
Overlays	Bushfire Hazard Overlay (39 Lorilet St) Potential Impact Buffer Landslide Hazard Overlay (39 Lorilet St) Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring a Lot – Boundary Realignment. The proposal seeks to move the boundary to align with an existing boundary fence between Lots 392 and 402. There will be no changes to existing structures or services.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
A boundary realignment between Lots 392 and 402 (39 Lorilet Street and 42 Lowry Street) was approved on 18 August 2011.
Site Description
The subject sites are low density residential lots that exhibit dwelling houses and associated structures. Both sites have existing mature vegetation surrounding the dwelling houses.
Surrounding Land Uses
Surrounding lots are zoned low density residential and exhibit dwelling houses and associated structures.
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:
Low Density Residential Zone Code;
Coastal Communities Local Plan Code.
The subject site is located in Peregian Beach and is zoned Low Density Residential. 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:
Criteria	Planning Scheme	Proposal	Complies
Site area	Minimum 600m2	Existing Lot 392 – 697m2 Lot 402 – 955m2 Proposed Lot 3921 – 720m2 Lot 4021 – 932m2	
Rearrangement of Lot Boundaries
Acceptable Outcome AO26 of the Reconfiguring a Lot Code seeks “the rearrangement of lot boundaries results is an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions. 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”.
The proposed rearrangement of the lot boundaries will comply with minimum lot sizes and will result in an improvement of the existing situation as it will result in a boundary between the two properties that follows the existing boundary fence.
It is noted that Lot 402 is located in the Potential Impact Buffer of the Bushfire Hazard Overlay. As no vegetation or structures are proposed to be impacted by the boundary realignment, the proposal does not increase the risk of bushfire.

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 for Schedule 10, Division 3, Table 1 (Planning Regulation 2017): Premises contaminated because of unexploded ordnance.
The Department has responded advising that:
Provide the owner, occupier and any person employed to work on the subject site the following information:
(a) Residual UXO may still exist following remediation and all work should proceed with due caution.
(b) The procedure to be followed by any person finding an object suspected of being explosive ordnance or component thereof:
i. advise the police immediately
ii. do not disturb the object
iii. take action, where appropriate, to prevent it being disturbed by
(c) Another person:
i. note its approximate dimensions and general appearance
ii. note the route to its location.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering officer – comments and conditions provided.
The subject application is the realignment of the common rear boundary. No works are required, and it is noted that connections to existing third party services are located within the frontage of each site. The following “service” conditions have been included as the applicant will be required to provide the service certificates as part of the subsequent plan sealing application.

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 RAL22/0013 for a Reconfiguring a Lot - Boundary Realignment situated at 39 Lorilet St Peregian Beach Qld 4573 42 Lowry St Peregian Beach Qld 4573and described as Lot 392 SP 246599, Lot 402 SP 246599, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0013
Street address:	39 Lorilet St & 42 Lowry St Peregian Beach Qld 4573
Real property description:	Lot 392 SP 246599 & Lot 402 SP 246599
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
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
TS2223-POD	B	Plan of Development – Proposed Boundary Rearrangement, prepared by Colston Surveyors	21/06/2022
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 10 November 2026, 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.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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
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]	Schedule 10, Part 4, Division 3, Table 1 (Planning Regulation 2017): Premises contaminated because of unexploded ordnance.	The agency provided its response on 31 October 2022 (Reference No. 2209-31176 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:

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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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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Table of Areas
‘Subject to Survey

Before
Lot 392 697m2

Lot 402 _955 m2

1652 m2
After ”

Lot 3921 720m2

Lot 4021 932 m2

1652 m2

Soy,