Delegated Report - Code - Planning RAL21 0002

Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0002
Applicant	Newshill Pty Ltd TTE
Proposal	Reconfiguring a Lot - Access Easement, Boundary Realignment
Properly Made Date	13 January 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	19 March 2021
Report Completed Date	19 March 2021
Report Reviewed By	Patrick Murphy

PROPERTY DETAILS
Property Address	173 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description	Lot 1 RP 103723 Lot 248 MCH 4539
Land Area	8094m² 2714m²
Existing Use of Land	Vacant Block / Industry Building

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Not Applicable
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot – Boundary Realignment + Easement.
The intent of the boundary realignment is to facilitate the approval: MCU20/0009 & OPW20/0018 which approved both sites for a new industrial development comprising of warehouses and industrial buildings.
Figure 1 – Locality

Figure 2 – Zone Plan

Figure 3 – Proposal Plan
site details
Background
The site currently contains a vacant block on 173 Eumundi Noosa Road, and an existing Industry building on 3 Leo Alley Road.
The premises has received an approval for:
Material Change of Use: 2 x Ancillary Dwelling unit, Industrial Business – Type 1 Warehouse, Industrial  Type 2 Production alteration repackaging; and
Operational Works: Earthworks, Roadworks, drainage, stormwater and landscaping.
Site Description
Lot 1 on RP103723 is currently a vacant lot after a recent demolition on site. The site fronts Eumundi Noosa Road and has an existing crossover. Some remnants of vegetation are remained on the site.
Lot 248 on MCH4539 has an existing Industry Business Class building and minimal amounts of vegetation at the rear of the lot. The lot gains access from Leo Alley Road and has an existing crossover and driveway.
Surrounding Land Uses
The development site is surrounded by Medium Impact Industry Zoned sites, with a small parcel of park land on the corner of Rene Street and Eumundi Noosa Road.
North: Bunnings Warehouse & Industrial Businesses within Industrial Lane;
East: Industrial Business in the cul-de-sac of Commerce Court (Noosa Meat Centre, Noosa Mechanical, Adventure Solution, Rola Roof Racks)
South: Industrial Businesses (Noosa Garage Doors, Noosaville Smash Repairs, and Inside Noosa);
West: Industrial Businesses (Irrigation equipment Supplier, Mechanic, Bicycle Store, Computer repairs, additional warehouses).
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:
Medium Impact Industry Zone Code; <
Noosaville Local Plan Code;
Reconfiguring of a Lot Code;
Works Codes.
The subject site is located in Noosaville and is zoned Medium Impact Industry. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
Reconfiguring of a Lot Code
The proposed lot sizes are 3928m2 and 6894m2 and therefore comply with the minimum lot sizes required under the Reconfiguring a Lot Code, which requires a minimum of 1,000m2. The sites both have existing frontages and crossovers to the sealed roads, and the purpose of the boundary realignment is to arrange the lots to facilitate the approved MCU development over the lots, to avoid building encroachments. The easements are to facilitate access, services and firefighting purposes for both of the lots.
The entirety of the site is subject to the Acid Sulfate Soils Overlay, with no other overlays present on the site. As the development application is for a boundary realignment + Easement and there is an existing operational works approval for earthworks on the site, acid sulphate soils will not be an assessable component to this reconfiguring a lot development application.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer, Development Assessment
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 RAL21/0002 for a Reconfiguring a Lot – Boundary Realignment + Easement situated at 173 Eumundi Noosa Road and 3 Leo Alley Drive formally described as Lot 1 RP 103723 & Lot 248 MCH 4539, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0002
Street address:	173 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
Real property description:	Lot 1 RP 103723, Lot 248 MCH 4539
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 + Easement
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Planning
Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant to each particular stage must be completed prior to the submission of the survey 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
		“Plan of Proposed Lots 1 & 248 & Emt A in Lot 1 & Emt B in Lot 248 – Preliminary Proposal Plan Only” Prepared by Murray & Associates (QLD) PTY LTD	Submitted 13/01/2021
All lot numbering on the survey plan is 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 surrounding area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Where there is a discrepancy between the approved plans and the written conditions, the written conditions will always prevail.
Currency Period
This development approval lapses if the use has not happened by 19 March 2023, unless an application to extend the currency period is approved by Council.

All development on the approved lots must be sited and constructed in accordance with the Approved Plans related to Development Approval MCU20/0009 & OPW20/0018.
Stormwater Drainage
The site must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
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
Not applicable.
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
1. 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
Private Infrastructure
2. All private infrastructure for the development must be designed to meet the planning scheme requirements unless otherwise agreed by the relevant authority.

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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