Subdivision Report v1 7sept · RAL22/0021

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Contents
1.0   Summary ............................................................................................................................... 3
  1.1   Development application details ..................................................................................... 3
  1.2   Planning instrument details ............................................................................................ 3
  1.3   Referral agencies .............................................................................................................. 3
2.0   Site details ............................................................................................................................ 5
  2.1   Site description ................................................................................................................. 5
  2.2   Surrounding land uses .................................................................................................... 6
3.0      Proposed development details ........................................................................................... 7
4.0     Planning assessment .......................................................................................................... 8
      4.1.1 Reconfiguring a Lot Code ................................................................................................. 8
      4.1.2 Servicing ........................................................................................................................... 9
      4.1.3 Footpath.......................................................................................................................... 10
      4.1.4 Driveway ......................................................................................................................... 10
      4.1.5 Biodiversity, Waterways and Wetlands Overlay Code .................................................... 10
      4.1.6 Bushfire Hazard Area Overlay ........................................................................................ 10
5.0   State assessment and other matters ............................................................................... 11
  5.1    State interests ................................................................................................................. 11
    5.1.1 Matters established in the Planning Regulation .............................................................. 11
    5.1.2 State Planning Policy ...................................................................................................... 11
6.0       Conclusion ......................................................................................................................... 11




Client Name:         Heidi Meyer
Prepared by:         Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:             1
Date:                6 September 2022




This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government
and Planning), which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and
matters where a proposed development does not exactly meet the requirements of, or conflicts with, a planning scheme
or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility
for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained
within. To the best of our knowledge, the content was correct at the time of publishing.




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1.0 Summary

1.1 Development application details
  Proposed development:             Reconfiguring a Lot (1 into 2 lots)

  Type of approval sought:          Development Permit for Reconfiguring a Lot
  Site address:                     39 Picture Point Crescent, Noosa Heads
  Real property description:        Lot 2 on RP220514
  Site area:                        1,447m2
  Assessment manager:               Noosa Council
  Owner details:                    Heidi Meyer
  Applicant details:                Heidi Meyer c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:            SPP 2017
  Regional Plan:                    SEQ Regional Plan 2009–2031 (version commenced 2 May
  Designation:                      2014), Urban footprint designation.
  Planning scheme:                  The Noosa Plan
  Zone:                             High Density Residential Zone
  Level of assessment:              Code
  Applicable overlays:              Biodiversity, Waterways and Wetlands Overlay
                                    Bushfire Hazard Overlay (Medium Hazard)
                                    Landslide Hazard Area (Moderate Hazard)
  Applicable codes:                 Noosa Heads Local Plan Code
                                    High Density Residential Zone Code
                                    Reconfiguring a Lot Code
                                    Works Codes



1.3 Referral agencies
The site is located within a Core Koala Habitat Area, however, outside a Priority Area. For purposes
of development assessment, the proposed Reconfiguration of a Lot (1 into 2 lots) does not trigger
referral to the State Assessment and Referral Agency (compliant with the exempt development
threshold of clearing 500m2 for residential purposes). Please also find attached the bushfire
assessment for which the vegetation was cleared in accordance with.




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Figure 1 – Core Koala Habitat over site. Source: SARA Mapping.




   Figure 2 – Detailed Bushfire Hazard Map




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2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                              Description

 Existing land use                 Existing development contains a residential dwelling with associated
                                   structures. The existing building would be demolished to facilitate the
                                   development. The dwelling is consolidated to the front portion of the site
                                   along the site’s frontage to Picture Point Crescent.
 Frontage and access               32m frontage to Picture Point Crescent.
                                   Proposed lot 50 frontage = 16m
                                   Proposed lot 51 frontage = 16m
 Topography and views              The site falls from the frontage to the rear boundary at approximately 37%.
                                   The southern boundary has an elevation of 49m AHD which falls to 29m
                                   AHD in the north-eastern corner.
 Easement                          There are no easements registered over the lot. However, there is an
                                   implied sewer easement extending under the existing building.




Figure 3 - Aerial view of the subject site. Source: Nearmap.




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Figure 4 - Zone Map. Source: Noosa Council Mapping.



2.2 Surrounding land uses
Surrounding land uses comprise dwelling houses to the east and west of the subject site. A resort
(The Lookout Resort) is located to the south adjacent Picture Point Crescent. Noosa Drive is located
to the north.




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3.0 Proposed development details
Table 2: Summary of development aspects
 Reconfiguring a lot

 Existing lots                            1

 Proposed number of lots (subdivision)    2

 Lot Sizes                                Existing Lot = 1,446m2
                                          Proposed Lot 50 = 723m2
                                          Proposed Lot 51 = 723m2




Figure 5 - Proposed subdivision plan




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4.0 Planning assessment
4.1.1 Reconfiguring a Lot Code

The existing development comprises a low-density dwelling house which is proposed to be
demolished to facilitate 2 x 723m2 lots. The proposed lots would achieve a lot size and dimension
consistent with the existing development pattern on the northern side of Picture Point Crescent,
consisting of dwelling houses. A dwelling house is a Consistent accepted development for the
residential use category.

Performance Outcome 5 of the Reconfiguring a Lot Code seeks for lots to have a minimum area of
1,200m2 and 25m frontage, where located in the High Density Residential Zone. The associated
applicable Performance Outcomes also requires new lots have an area and dimensions that:

    a) is consistent with the purpose and overall outcomes of the applicable zone or zones;

    b) is 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;

Given the existing land use pattern of dwelling houses on the northern side of Picture Point Crescent
with shapes and sizes ranging from 765m2 – 995m2 - The proposed subdivision creates lots that are
consistent with the predominant land use, size and character of surrounding lots as demonstrated
below.




 Address                                   Lot size                 Lot Frontage
 45 Picture Point Cres                     765m2                    20m
 43 Picture Point Cres                     940m2                    17m
 37 Picture Point Cres                     995m2                    29m

Figure 6 – Adjoining Development Pattern




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The proposed lot shapes and frontages are consistent with the purpose and overall outcomes of the
High-Density Residential Zone Code as the proposed lot size and shape still allows for the
development of both a dwelling house and/or multiple dwellings. The lots are an appropriate size
and area and is responsive to site constraints, as well as providing practical access and infrastructure
provisioning to the proposed lots, with further discussion provided below in regards to servicing for
sewer.

4.1.2 Servicing

No earthworks or changes to landforms are required to accommodate the subdivision, while all
relevant servicing can be provided to the proposed lots, including:
    -   Electricity from the existing reticulation within Picture Point Crescent.
    -   NBN connection can be made from Picture Point Crescent.
    -   Water is provided from Picture Point Crescent subject to Unitywater connection approval.
    -   The lots slope towards Noosa Drive to the north with roof water currently being discharged
        from the roof towards Noosa Dr. Any future development will need to demonstrate a non-
        worsening including roof water being directed to stormwater infrastructure in Picture Point
        Cres.
As the existing sewer line extends through the existing building. A preliminary investigation for
service relocation has been undertaken by Naxos Engineers with Option 3 proposing a realignment
of the sewer along the bottom of the building to allow for gravity feed from 43 to 37 Picture Point
Cres, as shown below. Considering the setbacks to sewer infrastructure and allowances for garages
within the front setbacks for access - the resulting development footprint for each lot is over 200m2
for each lot allowing for appropriate servicing and development of a dwelling house (accepted
development in the residential zone),




Figure 7 – Proposed sewer realignment (Subject to Unitywater water approval)




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4.1.3 Footpath

There is no footpath along the northern side of Picture Point Cres Street in this location and the Local
Government Infrastructure Plan (LGIP) does not identify this side of the street as part of the pathway
trunk network. The applicant does not propose to construct a footpath along the frontage.

4.1.4 Driveway

Standard driveways would be provided as part of future development occurring on the new lots. Their
location and design is subject to future development to occur on the lots.

4.1.5 Biodiversity, Waterways and Wetlands Overlay Code

Performance Outcome 2 of the Biodiversity, waterways and wetlands overlay code requires that new
lots are only created where ecological linkages are maintained and clearing of vegetation is
minimized. The lower portion of the lot has previously been cleared for asset protection purposes
and to allow for the maintenance of existing buildings and infrastructure.

The proposed subdivision therefore does not further make vulnerable ecological linkages or result
in further vegetation clearing beyond which has been lawfully undertaken in accordance with the
Vegetation Management Framework. Notwithstanding this, the applicant is open to discussions for
some rehabilitation and would consider replanting of appropriate native species.

4.1.6 Bushfire Hazard Area Overlay

The site is located within a Medium Bushfire Hazard Area. The Bushfire Hazard Area Overlay Code
requires development maintains the safety of people and property from the adverse impacts of
bushfire.

The proposed subdivision to create one additional lot would not comprise the safety of people and
property given the site is well connected to road network and hazardous vegetation has been
removed as part of property maintenance activities for the existing house. A water connection is also
provided to the site which is available for firefighting purposes.




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5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located in the erosion prone area.



6.0 Conclusion
This application seeks a Development Permit for Reconfiguring a Lot (1 lot into 2 lots) situated at 39
Picture Point Crescent, Noosa Heads. The proposal is subject to code assessment within the High-
Density Residential Zone. The assessment finds the proposal meets the relevant Outcomes. In this
regard, the Planning Act 2016 prescribes that a code assessment must be carried out only—
         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.




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