MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance

                                                                                                                                                                                       Town Planning Report
                                                                                                        28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive



Table 10.1.3: Reconfiguring a lot
 Performance Outcomes                                      Acceptable Outcomes                                                            Response
 PO1 Erosion prone areas in a coastal management           AO1.1 Where reconfiguring a lot is proposed within the coastal                 R1 Not Applicable
 district are maintained as development free buffers, or   management district, the erosion prone area within the lot, or land within     The proposed development does not involve reconfiguring a lot.
 where permanent buildings or structures exist, coastal    40 metres of the foreshore (whichever is greater), is surrendered to the
 erosion risks are avoided or mitigated.                   State for public use unless:
                                                           (1) the development is in a port or is for coastal-dependent development,
                                                                 or
                                                           (2) the surrender of the land will not enhance coastal management
                                                                 outcomes, for example, because there is already substantial
                                                                 development seaward of the lot.
                                                           Editor’s note: Land surrendered to the State for public use under AO1.1 is
                                                           to be:
                                                           (1)   placed in a State land reserve for beach protection and coastal
                                                                 management purposes under the Land Act 1994, with local
                                                                 government as trustee, or
                                                           (2)   managed for beach protection and coastal management purposes
                                                                 under another management regime to the satisfaction of the chief
                                                                 executive administering the Sustainable Planning Act 2009 and Land
                                                                 Act 1994, if it is demonstrated that AO1.1(1) cannot be reasonably
                                                                 achieved.
                                                           (3)   The Land Act 1994 also includes provisions for voluntary land
                                                                 surrender for freehold land to the satisfaction of the chief executive
                                                                 administering the Land Act.
 PO2 Development maintains or enhances general             AO2.1 Reconfiguring a lot that abuts the foreshore or tidal waters is          R2 Not Applicable
 public access to or along the foreshore, unless this is   designed to enhance public access if it involves the creation of 10 or more    The proposed development does not involve reconfiguring a lot.
 contrary to the protection of coastal resources or        lots or the opening of a new road, unless it is for coastal-dependent
 public safety.                                            development.
 PO3 Development in connection with a canal                AO3.1 The canal avoids intersecting with land or tidal land where the          R3 Not Applicable
 enhances public access to coastal waters.                 passage, use or movement of vessels in water could be restricted by the        The proposed development does not involve reconfiguring a lot.
                                                           registered proprietor of the land.
                                                           AND
                                                           AO3.2 The area of the canal relating to the development is surrendered to
                                                           the State as a public waterway.
                                                           AND
                                                           AO3.3 The plans of subdivision for the canal are consistent with
                                                           Requirements for plans of subdivision of an artificial waterway, Department
                                                           of Environment and Heritage Protection, 2013.




December 2014                                                                                 Cardno HRP                                                                                       A120