RAL22/0028 APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 1 POINCIANA AVENUE, TEWANTIN (Referred from P&E 9 May 2023) · ATTACHMENT 1 - RAL22 0028 - ACTING MANAGER DEVELOPMENT ASSESSMENT REPORT

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Butler Street. The existing duplex is to be demolished. Existing services are to be extended to
service both lots.




                                    Figure 1 – Locality & Site

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                              Figure 2 – Proposed Reconfiguring a Lot Plan

2.    SITE DETAILS
2.1. Background
A development approval (TPC 218) for a multiple dwelling of 2 units was issued in September
1972.
A pre-lodgement meeting was held in March 2021 wherein the applicant was advised that the
proposed subdivision was unlikely to be supported given the irregular shape of lot 1 and the
proposed access to lot 2 was unsafe and there were no opportunities for on street car parking.
2.2. Site Description
The site has an area of 1169m2 and was created in 1923. The site fronts both Poinciana Avenue
and Butler Street with vehicular access constructed from Poinciana Avenue exiting to Butler Street.
There is a 1 to 2 storey duplex building erected along the eastern boundary of the site, established
in the early 1970s. The applicant advises the units were occupied since being first established but
the units have since been abandoned.
There are a number of native trees located in the road reserve to the site’s frontage with some
domestic landscaping within the site. The site is generally flat sloping gently towards Butler Street.
A sewer line runs parallel to the site’s southern boundary.
2.3. Surrounding Land Uses
The site is located at the edge of a residential area, with the surrounding residential lots also zoned
Low Density Residential. These lots range in area from approximately 500m2 to 1000m2 and all
are mostly a rectangular, regular shape.

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Read Park is located opposite the site in Poinciana Avenue, with the Tewantin Sports Complex
opposite in Butler Street. Further south of the site in Butler Street is a crematorium and church.
3.    ASSESSMENT
3.1. 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;
•     Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
•     SEQ Regional Plan
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in Tewantin and is zoned Low Density Residential. The proposed
reconfiguring a lot application is required to follow a code assessable application process.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
•     Bushfire Hazard Overlay Code
•     Acid Sulfate Soils Overlay Code;
•     Reconfiguring a Lot Code
•     Low Density Residential Zone Code;
•     Works Codes.
3.3.1 Overlay Codes
The site is mapped as being within a potential impact buffer area for bushfire due to the site being
in proximity to the Tewantin TAFE site which is mostly vegetated. It is also mapped as being
potentially subject to acid sulfate soils given it is low lying, and in proximity to Lake Doonella and
the Noosa River.
The overlay mapping has no implications for this proposed reconfiguring a lot with the potential
bushfire and acid sulfate soils to be addressed by a private building certifier at the time of
construction of any new buildings on the site.

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3.3.2 Reconfiguring a Lot Code
The Reconfiguring a Lot Code includes a number of outcomes that are relevant to the proposal
and are designed to ensure new lots are appropriate for their intended use, result in a high standard
of amenity, respond to constraints and provide safe vehicle access. These are set out below for
Council’s reference:
(a)   Development provides for lots that are of a size and have dimensions that are appropriate
      for their intended use and are consistent with the sizes of surrounding lots.
(e)   Development provides for subdivisions that result in the creation of safe and healthy
      communities by:
      (ii)    ensuring lots have a suitable and safe means of access to a public road;
PO5
New lots have areas and dimensions that:
   a) are consistent with the purpose and overall outcomes of the applicable zone or zones;
   b) are consistent with the size and character of surrounding lots;
   c) can accommodate land uses that are consistent with the purpose and overall outcomes of
       the applicable zone;
   d) allow for siting and construction of buildings, structures, access ways and car parking
       while:-
           i.    retaining ecologically important areas and ecological linkages;
          ii.    minimising risk of soil erosion, landslide, flooding and bushfire;
         iii.    minimising earthworks or retaining walls associated with construction on sloping
                 sites;
         iv.     retaining the scenic amenity and vegetated character of the landscape;
          v.     retaining culturally significant features and protecting views to culturally significant
                 features;
         vi.     minimising detrimental impacts of effluent disposal or storm water runoff; including
                 open space for landscaping; ensuring safe vehicular manoeuvring areas without
                 concentration of driveways in one space; and
        vii.     where not in a water or sewerage service area, allow for water storage tanks and
                 suitable effluent disposal.
   e) except where otherwise specified in a local area code, comply with the minimum lot size
       specified in Table 9.5.1.4 Minimum Lot Size and Dimensions.
PO6
Development provides for irregular shaped lots to be created only where:
        a) the creation of regular lots is impractical such as at a curve in the road or because of
              topographical constraints;
        b) safe access and visual exposure to and from the site can be provided, while not
              adversely impacting on the functionality of the surrounding road network;
        c) it is desirable to avoid clearing of vegetation and the fragmentation of habitat in
              ecologically important areas; and
        d) the irregular lot is demonstrably suitable for its intended purpose.
PO13
Each lot is provided with safe and convenient vehicle access.
PO20
Residential lots less than 600m2:
        a) occur only where they are consistent with the size of established adjacent lots;
        b) are not less than 500m2 in area;
        c) are free of physical constraints or encumbrances that would restrict the siting of a
              house;
        d) have area and dimensions that can accommodate an appropriate house site
              area without siting variations;
        e) are distributed across a development to create diversity in lots; and
        f) do not result in excessive driveways at intersections or corners.

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The proposed lots do not comply with the code requirements, with proposed lot 1 being an irregular
shaped lot and lot 2 falling below the minimum lot size of 600m2 and 17m average lot width. While
the area of lot 2 is not dissimilar to a number of other lots in the area and so will not appear out of
character, the proposed new access for lot 2 is not safe and is likely to impact the functionality of
the road network given the site’s location on a busy roundabout.
To achieve a safe access the applicant’s traffic engineer recommends that all access movements
to Lot 1 and Lot 2 are forward in and forward off the site and adequate provision is made for visitor
parking. This would result in a significant portion of the frontage of Lot 2 to be dedicated for vehicle
manoeuvring and parking and is not considered a practicable or appropriate outcome, with limited
means for Council to enforce such a requirement. The manoeuvring and parking areas would
dominate the streetscape (the front 6 metre setback), leave little opportunity for any meaningful
landscaping and result in a restricted, unsuitable house site area. The smaller lot size and lesser
width, as well as the existing sewer main all compound the unsuitability of lot 2. Vehicles entering
lot 2 from Butler Street will also slow the flow of traffic on and off the roundabout contrary to its
intended function and has the potential to lead to collisions. Sufficient information has not provided
to demonstrate that vehicles exiting the roundabout onto Butler Street have the minimum safe
intersection sight distance required to safely stop and avoid collision.
Proposed lot 1 is an irregular shaped lot and while it is a direct result of its location on the curve of
the road, it is not suitable for a house site, being highly constrained by its shape, minimum area
and the existing access arrangements across the site’s frontage which are recommended to be
retained by the applicant’s traffic engineer.
Overall, the proposed subdivision of the site does not meet the requirements of the Code as it will
result in lots not suitable for future dwellings, with access to lot 2 unsafe and likely to adversely
impact on the functionality of the road network.
3.3.2 Low Density Residential Zone Code
The Low Density Residential Zone is intended to accommodate predominantly detached housing
on lot sizes consistent with the character of the area and which meets needs of residents. The
proposal is generally consistent with this intent though may result in a poor outcome for the
streetscape and amenity for future residents being located on a busy roundabout. Future dwellings
are also likely to require siting variations given the proposed lot size and shape.
4.    CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
•     Development Engineer
4.3. Public Notification
The application was not required to be publicly notified under the Planning Act 2016. Given the
application is required to follow a code assessment process.
5.    CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed reconfiguring a lot is contrary to the Noosa Plan 2020
requirements for lots in the Low Density Residential Zone falling below the minimum lot size and
average width and/or being irregular shape. While the lot sizes are generally consistent with other
lots in the area, the site is located adjacent a busy roundabout, and the proposed subdivision will
not result in suitable house sites for future residents. An appropriate, safe access is also not able
to be provided for both lots and it is also expected that access to lot 2 will adversely impact on the
functionality of the roundabout. The application is therefore recommended for refusal.
Departments/Sections Consulted:

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