RAL23/0015 Development Application To Reconfigure A Lot (1 Lot Into 2 Lots & Access Easement) At 11 Billabong Way, Tewantin · Attachment 2 – (RAL23-0015) – Planning Officer’S Report

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Figure 2 – Site Plan

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                              Figure 3 – Proposed Building Envelope for Lot 2

2.     SITE DETAILS
2.1. Background
An information request was sent to the applicant on 23 August 2023 requesting:
•    Identification of a building envelope for lot 2 that addresses the site’s constraints including the
     areas of environmental significance.
•    Review of the proposed lot boundary in relation to the site’s environmental values.
•    Demonstration that the lots are suitable given parts of the site are subject to flooding.
•    The applicant to address the Bushfire Hazard Overlay and provide details confirming the lots
     can be accessed by an emergency service vehicle for fire-fighting purposes.
2.2. Site Description
The site has an area of 7,123m2 and contains a dwelling and associated structures in the southern
portion of the site and a caretaker’s residence in the northern portion of the site. The site slopes
downhill to the east at an average gradient of approximately 6.5%. The eastern and southern
boundaries of the site are low lying at 6m AHD and are affected by flooding.
The site contains scattered vegetation, with vegetation adjacent to the site’s eastern and western
boundaries identified to be of environmental significance by the Biodiversity, Waterways and
Wetland Overlay.
The site gains access via an existing crossover from Billabong Way in the northwest corner of the
site. The subject site is serviced by standard urban infrastructure services including reticulated
water and sewerage supply, telecommunications, electricity supply.

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2.3. Surrounding Land Uses
The site is located within the Noosa Parklands estate of Tewantin which has been developed for
dwelling houses. The surrounding dwellings fronting Billabong Way are on lots that range in sizes
between 643m2 to 741m2. The lot backs on to Heritage Park which is mostly vegetated and
contains a waterway. The subject site and Heritage Park are both identified as having high potential
for bushfire intensity.
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 2017;
•      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) apart
from coastal hazards and therefore the SPP raises no further issues relevant to the proposed
development.
South East Queensland (SEQ) Regional Plan 2017
The site is located within the Urban Footprint under the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The are no assessment benchmarks from the Planning Regulation 2017 that apply to the
application given:
•    the proposal is for urban development within the urban footprint;
•    the lot is less than 5ha in respect to Clearing Native Vegetation; and
•    the proposal constitutes exempted development from the Koala Habitat provisions.
3.3. Statutory Instruments – Planning Scheme
The site is located in Tewantin and is zoned Low Density Residential under the Noosa Plan 2020.
The proposed reconfiguring of a lot is required to follow code assessment, with public notification
of the application not required.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
•    Tewantin Local Plan Code
•    Low Density Residential Zone Code
•    Reconfiguring a Lot Code
•    Biodiversity, Waterways & Wetlands Overlay Code
•    Bushfire Hazard Overlay Code
•    Flood Hazard Overlay Code
Tewantin Local Plan
The site is located in Tewantin and is subject to the Tewantin Local Plan Code. The Code
recognises that Tewantin is a vibrant yet traditional town and seeks that the established town
character is retained, and new development is sympathetic to this character.
Noosa Parklands is an older estate in Tewantin having established in the late 1980s and comprises
a variety of lot sizes and extensive vegetated parkland areas. The Estate consists of small to

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medium sized dwellings (predominately single storey) on lots ranging from 600m2 to 1,500m2
(excluding the development site). The average lot size within proximity to the subject site ranges
from 600m2 to 750m2. The subject lot is the largest lot within the Estate, being an anomaly.
The proposal while seeking to subdivide a larger lot will not impact on this established character
given the proposed lot areas both exceed the predominant lot size in the area, with the site’s well
vegetated frontage to Billabong Way maintained.
Reconfiguring a Lot Code
The proposed reconfiguration complies with minimum lot size of 600m2, minimum average width
of 17m and frontage width of 4.5m for land zoned Low Density Residential. The proposed lots are
also generally regular in shape and able to satisfactorily accommodate dwelling houses. However,
the proposal does not meet the following Performance outcome of the Reconfiguring a Lot Code
as the application relies on access from Griffith Avenue.
Performance outcome PO4 seeks:
PO4 With the exception of lots intended to be used by the Council or State for community
infrastructure, conservation purposes or public utilities, including road widening, no additional lots
are created:
         a) in the Rural zone unless resultant lots have a minimum area of 100 hectares;
         b) in the Environmental Management and Conservation zone;
         c) on Noosa North Shore;
         d) in the Low density residential zone at Cooroibah;
         e) in the Low density residential zone where access is gained via:
                     i.  Noosa Banks Drive, Tewantin;
                    ii.  Golf Course Drive, Griffith Avenue or Carramar Street, Tewantin;
                   iii.  Lake Entrance Boulevard, Noosaville;
                   iv.   Lake Weyba Drive Noosaville, south of Eenie Creek Road; or
                    v.   Habitat Place, Noosa Heads;
         f) within a Water Supply Buffer Area as shown on Regional Infrastructure Overlay.
Council’s Strategic Planning Team were consulted on this requirement and advised the following:
      The prevention of further subdivision in the original Noosa Parkland Estate was only
      introduced with the Noosa Plan 2020 and was primarily to respect the original character and
      amenity of the older estate based on larger urban lots.
      The minimum lot size for the Low Density Residential zone is ordinarily 600m2. There are
      some 47 Low Density Residential lots within this estate that have an area of at least 1200m2.
      Many of these are at the end of cul-de-sacs or are already accessed via an access handle
      so are unlikely to be further divided. Others are impacted by biodiversity values or high
      bushfire risks and may not be suitable for intensification.
      Therefore it is estimated reasonably few lots would ever be divided and the character of the
      estate is not a risk.
As the development does not achieve compliance with Performance outcome PO4, the application
is to be assessed against the Code’s purpose and overall outcomes to determine the
development’s suitability despite the non-compliance with the assessment benchmark.
Purpose and Overall Outcomes
(1) The purpose of the Reconfiguring a lot code is to ensure that development:
      a) results in lots that are appropriate for their intended use;
      b) contributes to a high standard of amenity;
      c) results in lots that are consistent with the desired character of the local area ensuring
         high quality urban design outcomes;
      d) is responsive to site constraints;
      e) maintains or improves environmental values and avoids adverse off-site environmental
         impacts;

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      f) provides lawful, safe and practical access arrangements; and
      g) provides infrastructure and services to new lots.
The subject lot exceeds 7,000m2, the predominant lot size within the Estate ranges from 600m2 to
1,500m2, limiting the potential for subdivision in compliance with the minimum lot size of 600m2 per
lot. The few lots that do exceed 1,200m2 are subject to constraints such as bushfire and flood
hazards which are unlikely to be able to be adequately addressed.
The proposed configuration results in 2 lots that exceed the required lot dimension of 17 metres
wide and area of 600m2. Each lot has the capacity to be developed to the full potential of a
residential lot without undermining the established character and amenity of the Estate due to the
size of allotment. The access arrangement to the existing dwellings the site will remain unchanged,
as the applicant seeks to provide an access easement over the existing driveway.
The applicant has nominated a building envelope on the northern lot that is clear of site constraints
and hazards, a building envelope will be conditioned to be provided over Lot 1 which will apply to
future development or redevelopment of the site only.
The proposed boundary alignment intersects with established garden beds however does not
require extensive clearing of mature vegetation.
The proposed lots can be appropriately serviced with a safe and convenient access proposed for
the lots via the existing driveway to be formalised with an access easement.
The development complies with the purpose and overall outcomes of the Reconfiguring a Lot Code
and upholds the Zone and Local Plan Codes by providing greater housing choice for permanent
residents within the Low Density Residential Zone.
Acceptable outcome AO7.3 seeks:
AO7.3 All reconfigured lots on land subject to a constraint or valuable feature identified on an
overlay map contains a building envelope marked on a plan of development that demonstrates that
there is an area sufficient to accommodate the intended purpose of the lot, that is not subject to
the constraint or valuable feature or that appropriately responds to the constraint or valuable
feature.
Consistent with the Acceptable outcome, 2 building envelopes will be conditioned to be provided
over both reconfigured lots to ensure that future development is adequately separated from the
adjacent vegetated reserve. Supporting documentation provided by the applicant has noted the
required separation distances from hazardous vegetation and has been conditioned accordingly to
achieve the required 29kW/m2 radiant heat flux exposure limits.
Low Density Residential Zone
The Low Density Residential Zone Code seeks to retain low density neighbourhoods for permanent
residents in predominantly detached housing. The distinct look and feel of neighbourhoods and a
high level of residential amenity is required to be maintained for residents. This is reflected in the
outcomes of the Code including the following Performance outcome:
PO1 Development provides for low density, predominantly detached housing on a range of lot
sizes consistent with the character of the area, which meets the needs of current and future
resident populations including small households, older persons, people on low incomes and people
with special mobility needs.
The proposal is consistent with this Code as the proposed lots are appropriate for detached
housing and are of a size that will maintain the character of the area, with the proposal’s lot size
appropriately responding the site’s natural hazards and values
Vegetation Clearing
The Queensland Planning Regulation 2017 lists several exemptions available to landholders
seeking to reduce the risk of bushfire impact to infrastructure. This includes vegetation clearing on
freehold land for Essential Management.
Schedule 24 of the Regulation defines Essential Management as clearing native vegetation –

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      a) for establishing or maintaining a necessary firebreak to protect infrastructure, other than
         a fence, road or vehicular track, if the maximum width of the firebreak is equal to 1.5
         times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is
         the wider;
      b) for establishing a necessary fire management line, if the maximum width of the clearing
         for the fire management line is 10m; or
      c) necessary to remove or reduce the imminent risk that the vegetation poses of serious
         personal injury or damage to infrastructure.
Minor vegetation clearing has occurred historically on the site under essential management
clearing exemption provided for bushfire protection under the Planning Regulation 2017.
The location of the proposed dwelling within the building envelope has been appropriately sited to
reduce the need for substantial vegetation clearing. Minor clearing of maintained gardens maybe
required and individual trees that fall within existing exempt clearing rights e.g. adjacent the existing
carport.
The future development footprint for proposed Lot 1 does not create any further vegetation clearing
exemptions that weren’t already available pre-development.
Bushfire Hazard
The site is identified as High potential bushfire intensity on the Noosa Plan 2020 Bushfire hazard
overlay, and Queensland State Government State Planning Policy Mapping.




                              Figure 4 - Noosa Plan 2020 - Bushfire Overlay

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                           Figure 5 - SPP Assessment Benchmark Mapping

The site is located on the western edge of a vegetated corridor identified as a Council maintained
open space area - Heritage Park.
The site itself is dominated by scattered trees, amenity gardens and mowed lawns and is low
bushfire hazard.




                           Figure 6 – Photograph taken within the allotment

The vegetation west of the site within Heritage Park is described as regional ecosystem 12.3.5 –
Melaleuca quinquenervia open forest on seasonally inundated lowland coastal swamps, this
vegetation has been ground truthed by the applicant’s bushfire expert to be correctly mapped as a
high bushfire hazard area. (A site inspection by Council’s Senior Environment Officer confirmed
this to be accurate).

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                     Figure 7 – Photograph taken of vegetation from Heritage Park

The applicant has undertaken a bushfire hazard reduction assessment as well as an onsite
vegetation assessment which resulted in a revised plan of development that included a building
envelope for any future dwelling on Lot 2 that complies with a separation distance equal to
29kW/m2 measured from hazardous vegetation associated with VHC 22.1 (Melaleuca open forest).
This results in a separation distance requirement of 14.2 metres measured from the eastern
boundary to the proposed building envelope. The 14.2 metre separation distance is completely
within private property. No future maintenance requirements will be imposed on Council, and it will
be the responsibility of the lot owner to maintain this area.
A nominated building envelope for Lot 1 has not been proposed in support of the development
application. To ensure that any future development on Lot 1 complies with a separation distance
equal to 29kW/m2 measured from hazardous vegetation conditions will be imposed for a revised
bushfire hazard assessment to be undertaken taking into account the fuel load from the south.
The site is connected to reticulated water and has access to fire hydrant located adjacent to No 9
Billabong Way.
The applicant has provided an emergency evacuation plan for both lots to manage the bushfire
risk in the event that a bushfire occurs in proximity of 11 Billabong Way, Tewantin.
Conditions of approval have been provided in line with this evacuation plan.
Flood Hazard
The Flood Hazard Overlay mapping identifies that the site is subject to some flooding along the
eastern and southern boundaries.
The existing dwelling is located clear of the mapped flood affected area, a proposed building
envelope of 925m2 for a future dwelling on proposed Lot 2 is located outside this flood area. The
proposed access, is to be from Billabong Way, is flood free with access into Noosa Parklands via
Griffith Avenue to the west also flood free during a 1% AEP event.
While the Acceptable outcome of the Code is ensure a 100% of the lot is above the defined flood
event (DFE), the proposed lots have a sufficient area that is above the DFE flood level to safely
and adequately accommodate the dwelling houses consistent with the Code’s Performance
outcome. Each proposed lot contains a flood free area well in excess of the minimum lot size of
600m2 for land zoned Low Density Residential. A condition is recommended requiring the area’s

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affected by flooding to be included in a drainage easement to ensure this area is clearly identified
for residents and no works occur in this area that may adversely impact the area’s flooding
characteristics.
Accordingly, the proposal is consistent with the Flood Hazard Overlay Code




                            Figure 8 - Mapped Flooding & Inundation Extent

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
•     Senior Environment Officer
•     Principal Strategic Planner
The following comments were provided by Council’s Development Engineer:
The proposed development proposes to utilise the exciting access point for both proposed lots with
the registration of an access easement. The existing driveway crossover is located at the head of
a cul-de-sac. Both the driveway crossover and cul-de-sac are constructed using a trafficable
brick/paver. The existing crossover is generally in accordance with Council’s standard drawing and
is considered acceptable, despite being constructed out of brick/pavers. Due to existing
infrastructure in the road reserve, proposed lot 1 is unable to gain direct access from Billabong
Way through an additional driveway crossover and is required to utilise the existing crossover as
it does now.
The proposed access easement is sufficient to allow for emergency service vehicles to access
either site if necessary.

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Proposed Lots 1 & 2 are 5,034m2 and 2,089m2, respectively, and are capable of being serviced by
Council’s stormwater infrastructure. Engineering recognise that future property owners may
choose to collect roof water in tanks for reuse purposes.
An area of approximately 1,377m2 along the eastern and southern property boundaries are
encumbered by Council’s Flood Hazard Overlay. The potential risk to the proposed lots during
flood events is low as the proposed building envelopes (and existing dwellings) are located well
outside the Flood Hazard Overlay. In this instance, Engineering consider the creation of the
proposed lots acceptable provided an easement for overland flow management be registered
against both proposed lots for the areas below the 1% AEP.
Engineering believes that the proposed development achieves compliance with the relevant
provisions of The Noosa Plan 2020 and recommends approval with conditions.
4.3. Public Notification
The application was not required to be publicly notified for comment.
5.    CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed reconfiguring a lot is consistent with the applicable codes of the
Noosa Plan 2020.
As a result of the size of the allotment and location of the development at the end of the cul-de-sac
the development remains consistent with the established character and amenity of the area. While
the allotment is identified with bushfire and flood hazard, the application appropriately responds to
the site constraints.
The proposed lots achieve a suitable area for dwelling houses, with the proposal satisfactorily
addressing the site’s natural hazards and values.
Departments consulted:
     Office of the CEO, Mayor &               Community Services            Corporate Services
             Councillors
     Mayor & Councillors                   Director                      Director
     Chief Executive Officer               Community Development         Financial Services
     Executive Officers                    Sport & Active Lifestyles     Fleet
     Community Engagement                  Arts & Culture                Revenue Services
     People & Culture                      Community Connection          ICT
     Governance                            Customer Experience           Commercial Property
     Strategy & Environment &              Development & Regulation       Infrastructure Services
     Sustainable Development
     Director                          x   Director                      Director
 x   Strategic Land Use Planning       x   Development Assessment        Infrastructure Planning, Design
                                                                         and Delivery
     Economic     Development      &       Local Laws                    Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health          Asset Management
     Innovation & Digital Hub              Building & Plumbing           Building & Facilities
                                           Property / Permits            Disaster Management
                                                                         Waste