RE RAL19/0011 - Provision of Additional Supporting Information - 120, 138 & 126 Happy Jack Creek Road Ridgewood

Subject: RE: RAL19/0011 - Provision of Additional Supporting Information - 120, 138 & 126 Happy Jack Creek Road, Ridgewood
From: Blake Bell
Date: 2019-11-20T02:42:23+00:00
To: Mailbox Council Mail, Billy Glover

Attention: Development Assessment (Billy Glover)

Hi Billy

In relation to RAL19/0011, we hereby provide further supporting information for Council’s consideration prior to making a decision on the application. The information is provided in relation to the concerns that Council have expressed within the decision stage, as summarised below:


  1.  In Council’s opinion, a dwelling cannot be built on the existing Lot 528 on MCH1930 due to the size, dimension and constraints.
  2.  The bridge crossing over Happy Jack Ck within the Crawfords Rd reserve only services Lot 480 on MCH524.  Therefore adding one additional lot to use this bridge crossing is unacceptable for structural loading reasons.

In relation to Item 1, P&E Law have provided Legal Advice, attached to this email. They find that there is an inalienable right for the freehold title to establish a Dwelling House, which cannot be refuted and agree that the boundary realignment proposition is a completely logical and substantial improvement to the existing situation based on the assessment benchmarks.  P&E Law also advise that Council’s decision must be based upon the assessment of the application as prescribed in the Act. They can see no basis for Council’s suggestion that the utility of the land in its current form has any relevance in the assessment of this application against the Planning Scheme and so it should not have a bearing on the Council’s decision on the application.

Importantly, the two (2) landowners (subject to this application) agree that this is the sensible pathway forward to remedy the current situation.

As such, Item 1 can have no bearing on the subject application and therefore we re-iterate our response to Council’s Information Request which justifies the improvement to the existing situation as follows:

The proposed boundary realignment results in a significant improvement to the existing situation on the following grounds:
1.            The rearrangement of the subject lots remedies an existing farming encroachment whereby the existing Lot 528 on MCH1930 is being used as part of the cattle grazing operation
associated with Lot 481 on MCH524. In addition, should a house be constructed on the existing Lot 528 on MCH1930, this would be detrimental to the rural amenity / rural
production that the owners of Lot 481 on MCH524 (Proposed Lot 1) have always enjoyed and currently enjoy. Potential for land use conflicts may also arise between a rural
residential lot and rural land holding should a dwelling be constructed on the existing Lot 528 on MCH1930. Accordingly, both landowners are in complete agreement to
rearrange the boundaries so that Lot 528 on MCH1930 is shifted within the boundaries of the existing Lot 480 on MCH524 (noting the owner of Lot 528 on MCH1930 is the same
owner of Lot 480 on MCH524).
2.            We attach an Amended Plan of Development (Plan No. 61948/A) prepared by Murray & Associates that demonstrates a revised lot layout and a significantly smaller lot size for
proposed Lot 2. This amendment has been made to ensure that the proposed new lot is relatively small in size in order to retain/maximise the rural (cattle grazing) productivity of the existing Lot 480 on MCH524 (proposed Lot 3). In this regard proposed Lot 2 has been reduced in size to 1.451ha and adopts a logical boundary configuration which aligns with the outer edge of vegetation associated with Happy Jack Creek (western edge) and a gully system that traverses the existing Lot 480 on MCH524 (northern edge).
3.            The resultant proposed Lot 2 now comprises gently undulating slopes with open grassland country and ease of access from Crawfords Road.

In relation to Item 2, as this is a bridge within road reserve, the following engineering points are raised:


•             Given Crawfords Road is a local Council owned road, Council should be aware of the structural/loading capacity and the exact standard to which it has been built.

•             As public road bridges are designed for large vehicle loads, passenger cars using the bridge is considered to be irrelevant.

•             Large vehicles (cattle trucks) have consistently traversed the bridge over the years, as necessitated by the rural uses it accesses. The bridge has catered for these loads without compromise. Refer to below picture of a truck loaded with a bobcat which uses the bridge without any concern/impact.

[A picture containing outdoor, tree, grass, transport  Description automatically generated]

As such, both Items brought up by Council as significant concerns have been addressed and subsequently proven to not impact on the proposed boundary realignment and lot boundaries to be established.

If Council wish to discuss this further, please don’t hesitate to contact me on (07) 5441 2188. We look forward to receiving a favourable Decision Notice in due course.

Kind Regards,

Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director / Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD
[cid:[email protected]]

Ph: (07) 5441 2188
Fax: (07) 5441 2601

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