Delegated Report - Code - Planning RAL26 0001 (As Published)

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1.   PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Residential. The proposal will involve
converting most of the existing backyard of the subject site into a rear lot. The two proposed lots
will be regular in shape and have a vertical, northeast-southwest orientation. The proposal does
not include a building envelope or plans for development in the new proposed lot and does not
include changing the existing dwelling house.
Vehicle access to the proposed rear Lot 2, is intended to be provided by an easement over
proposed Lot 1, along the length of the eastern side boundary. The applicant’s material identifies
the easement/access strip as approximately 4.5 metres wide and intended to service both lots,
with the existing Dwelling house retained on Lot 1 and new vacant Lot 2 located to the rear.
A minor portion of the existing Dwelling house gutter appears to extend within the proposed
easement area. This is not considered to raise a substantive planning concern given the
encroachment is minor and relates to roof drainage infrastructure only. It is expected that the
matters such as building maintenance, access and servicing can be appropriately managed
through final survey, easement documentation and any necessary building/plumbing compliance
requirements prior to plan sealing. The reconfiguration does not alter the existing dwelling house
side setbacks.
The locality and proposal plan are included below.




                                         Figure 1 – Locality




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                                   Figure 2 – Subdivision Plan


2.   APPLICATION HISTORY
The application was properly made on 27 February 2026. An information request was made on 7
April 2026, which required a revised Stormwater Management Plan, demonstration of a Legal Point
of Discharge, and demonstration of compliance with PO12 of the Reconfiguring a Lot Code. The
applicant responded to the information request on 29 May 2026 to address these items.
An Amended Stormwater Management Plan was submitted as part of this response. This was peer
reviewed and updated prior being endorsed by Council’s Development Engineers.


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3.   SITE DETAILS
3.1. Site Description
The subject site is located at 25 Tulip Street, Cooroy, on Lot 58 RP 32777, and as such is located
within the Cooroy Local Plan Area. The land area is 1533m2. The subject site is of a regular,
rectangular lot shape with a consistent width of approximately 20m, a length of approximately 75m,
and a vertical, northeast-southwest orientation. The site has an existing dwelling house towards
the south which fronts Tulip Street, with an approximate setback of 13m and an approximate
frontage of 20m. The site cover of the existing dwelling house is approximately 14%. There is also
an existing shed which falls within the new proposed northern lot.
The backyard to the north makes up most of the site area, which constitutes where the new
boundary is proposed to occur. While most of the site’s open space is cleared, there is some
vegetation, however none is mapped under the Biodiversity, Waterways and Wetlands Overlay
Map. The site falls within both the Water Resource Catchment and the Water Supply Buffer Area
under the Regional Infrastructure Overlay Map. A small area within the new proposed northern lot
is defined as a Moderate Hazard Area under the Landslide Hazard Overlay Map. The site is not
subject to any other overlays.
The subject site is serviced by standard urban infrastructure services including reticulated water
and sewerage supply, telecommunications, electricity supply. The sewerage infrastructure
transects the site to the rear of existing dwelling.
3.2. Surrounding Land Uses
The subject site falls within a block of Low Density Residential zoning, many of which contain
secondary dwellings or relatively large outbuildings. At the eastern edge of the block is a strip of
Medium Density Residential zoning. Further to the east and north is more Low Density Residential
zoning. The site is situated 500m south of the Cooroy town centre. Directly across Tulip Street to
the south of the site is Noosa District High School, with a shed and the school oval directly facing
the site.
4.   ASSESSMENT
4.1. 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; and
    Noosa Plan 2020 (20 March 2026).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
    Low Density Residential Zone Code;
    Cooroy Local Plan Code;
    Reconfiguring a Lot Code;
    Works Codes;
    Landslide Hazard Overlay
    Regional Infrastructure Overlay
The subject site is located in Cooroy and is zoned Low Density Residential. The proposed use is
identified as a consistent use within the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:

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Infrastructure Service
Acceptable Outcome AO12.4 of the Reconfiguring a Lot Code states:
AO12.4     If located in a Local plan area lots can be connected to Council’s stormwater drainage
           network
The applicant has conceded that the proposed development would be unable to achieve
connection to the stormwater network, and as does not comply with AO12 of the Reconfiguring a
Lot Code. The proposal is therefore required to comply with corresponding Performance Outcome
PO12, which states:
PO12       New lots are located, sized and configured so as to ensure each lot is capable of
           being serviced by appropriate levels of infrastructure including:
           a.    power supply;
           b.    telecommunications; and
           c.    where within Local Plan Areas
           d.    reticulated water supply;
           e.    reticulated sewerage; and
           f.    stormwater drainage.
Assessment
The proposal is considered to generally align with the intent of PO12 as the new lots are capable
of being serviced by appropriate levels of infrastructure. The site is already located within an
established urban area, with access to reticulated water, sewerage, power and
telecommunications services. The key servicing issue relates to stormwater drainage, as a direct
connection to Council’s stormwater drainage network is not available.
Notwithstanding this, the applicant has demonstrated through the amended Stormwater
Management Report that stormwater can be managed on site without creating an actionable
nuisance, consistent with the Legal Point of Discharge criteria in the Queensland Urban Drainage
Manual. The proposed stormwater strategy incorporates on-site detention and a level spreader
device to control the rate and manner of discharge to the nominated Legal Point of Discharge,
thereby reducing the potential for concentrated flows, erosion or downstream impacts on adjoining
land.
The amended stormwater approach has been reviewed and accepted by Council’s Development
Engineers. Subject to implementation of the approved stormwater measures, the proposed lots are
considered capable of being appropriately serviced and PO12 of the Reconfiguring a Lot Code is
achieved.


Rear Lot Proportion
Acceptable Outcome AO21.2 of the Reconfiguring a Lot Code states:

AO21.2     No more than 10% of lots within a subdivision are rear lots or lots accessed via
           an access strip.
The applicant is proposing a rear lot proportion of 50% and as such the proposal does not comply
with Acceptable Outcome AO21.2 of the Reconfiguring a Lot Code. The proposal is therefore
required to comply with corresponding Performance Outcome PO21 of the Reconfiguring a Lot
Code, which states:

PO21       Rear (battle-axe) lots are created only where:
           a. it would not be desirable nor practicable for the site to be reconfigured so that all
              lots have full frontage to a road;

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            b. located in the Low density residential zone, Rural residential zone or Rural zone;
            c. development positively contributes to the character of the neighbourhood;
            d. development provides a high standard of amenity for residents and other users of
               the rear lot and adjoining properties;
            e. the lot is large enough to accommodate anticipated land uses including car parking
               and manoeuvring;
            f. development is not detrimental to the use and amenity of adjoining lots through loss
               of privacy, sunlight or breezes once buildings are constructed;
            g. vehicular access to rear lots will not have a detrimental impact on
               lots adjoining the access strip due to excessive noise, light, dust, stormwater runoff
               and the like;
            h. access arrangements do not adversely affect the safety and efficiency of the road
               from which access is gained;
            i. their creation does not prejudice the anticipated development of adjoining land.

Assessment

The proposal involves reconfiguring 1 lot into 2 lots, one of which is a rear lot. The subject site is
within the Low Density Residential Zone and has a long, regular lot configuration, with the existing
dwelling house located toward the Tulip Street frontage. Given the existing siting of the dwelling
and the depth of the allotment, it would not be desirable or practicable to create two standard
frontage lots without substantially altering the established site arrangement or producing an
inefficient subdivision layout.
The rear lot is provided with sufficient area and dimensions to accommodate the existing shed and
future residential development, including private open space, vehicle access, parking and
manoeuvring. The proposed access arrangement utilises a single access strip from Tulip Street
and is not expected to compromise the safety or efficiency of the road network, having regard to
the low traffic generation associated with one additional residential lot.
The creation of the rear lot is considered to maintain the low density residential character of the
locality, which includes a pattern of larger residential lots, secondary dwellings and outbuildings.
Future built form on the rear lot can be appropriately managed through the applicable siting, design
and building requirements to protect the amenity of adjoining properties, including in relation to
privacy, access noise, light spill, sunlight and breezes. The proposed lot layout does not prejudice
the orderly development of adjoining land, as it is contained wholly within the subject site and
provides a logical rear-lot outcome for a deep residential allotment.
On balance, the proposal is considered to satisfy the relevant matters in PO21 of the Reconfiguring
a Lot Code.
5.    CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
     Senior Development Engineer, Development AssessmentRefer to Senior Development
      Engineer’s Internal Memo dated 13 August 2026.
6.    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.

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The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL26/0001 for a Reconfiguring a Lot - Residential situated at 25
Tulip St Cooroy Qld 4563 and described as Lot 58 RP 32777, it is recommended the application
be approved in accordance with the following details for the Decision Notice:
1.      APPLICATION DETAILS

    Application No:                  RAL26/0001

    Street address:                  25 Tulip Street, Cooroy Qld 4563

    Real property description:       Lot 58 on RP32777

    Planning Scheme:                 Noosa Plan 2020 (26 September 2025)

2.      DECISION DETAILS

Council decided to issue the following type of approval:
       Development Permit for a Reconfiguring a Lot - Residential
3.      CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is stated in the conditions below.
4.      ASSESSMENT MANAGER CONDITIONS

PLANNING
        When Conditions Must Be Complied With
1.      Unless otherwise stated, all works required by the conditions of this Decision Notice must be
        completed prior to submission of the subdivision plan to Council for compliance assessment.
        Currency Period
2.      This development approval lapses if the requirements of the conditions have not been
        completed and an application for plan seal is not lodged with Council by 13 August 2030
        unless an application to extend the currency period is approved by Council.
        Approved Plans
3.      Development authorised by this approval must be undertaken generally in accordance with
        the Approved Plans listed in the table below.

           Plan No.              Rev.     Plan/Document Name                        Date

           25-6646AA             -        Plan of Proposed Reconfiguration of Lot 58 21/10/2025
                                          on RP32777, prepared by Max Watterson &
                                          Associates

4.      All lot numbering on the subdivision plan to be submitted to Council for compliance
        assessment must remain as shown on the Approved Plans.
5.      The easement documentation for the access easement over proposed Lot 1 must include
        terms that permit the owner and occupier of Lot 1 to access and use the easement area for
        the purpose of undertaking ongoing inspection, repair and maintenance of any building, roof
        drainage infrastructure or associated services located on, or forming part of, Lot 1.




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6.    Certification must be submitted to Council from all relevant service providers (Energex, NBN)
      which certifies that the development has met the requirements of this Decision Notice and
      all applicable legislation at the time of construction.
7.    Prior to Council signing the Plan of Survey, landscaping must be established along the full
      eastern side of the access easement shown on the Approved Plans. The landscaping must
      comprise Syzygium australe planted at 1.0 metre centres, with each plant being a minimum
      1.0 metre in height and supplied in a minimum 200mm pot size at the time of planting. The
      landscaping must be maintained in a healthy condition and any dead, damaged or diseased
      plants must be replaced.
ENGINEERING
      Property Access and Driveways
8.    A residential driveway must be constructed to service Lots 1 and 2. The works must be
      undertaken in accordance with an Operational Works approval and be generally in
      accordance with Auxilium Consulting’s Operational Control Layout Plan (C902, Rev. B) dated
      20 July 2026.
      Stormwater Drainage
9.    The site must be provided with a stormwater drainage system connecting to a lawful point of
      discharge. The works must be undertaken in accordance with the Queensland Urban
      Drainage Manual and be generally in accordance with Auxilium Consulting’s Stormwater
      Management Report (Rev. 3) dated 21 July 2026.
10.   Prior to Council signing the Plan of Survey, certification from a suitably qualified person
      (RPEQ) must be provided to Council certifying that proposed Lots 1 and 2 have been
      provided with a Lawful Point of Discharge pursuant to sections 3.6 and 3.9 of the Queensland
      Urban Drainage Manual in a manner that does not substantially damaging a third-party
      property.
      Services
11.   Reticulated electricity and telecommunication services must be provided to each lot in
      accordance with the standards and requirements of the relevant service provider.
12.   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.
13.   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
14.   A 4.5-metre-wide easement for the purpose of access and services must be registered
      against the titles of the properties in favour of proposed Lot 2 over the proposed easement
      identified on the Approved Plans.
15.   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.
16.   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.
17.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.



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      Earthworks and Retaining Walls
18.   All earthworks and associated batters/retaining structures, both above and below ground
      level, both temporary and permanent, must be contained entirely within the subject site
      unless written permission from the respective landowner(s) is provided to Council. All
      earthworks must be undertaken in accordance with the provisions of Australian Standard
      AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
19.   Where the development involves excavation or filling over, or adjacent to, drainage, water
      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
      provide a freeboard of 100mm above the finished ground surface level.
      Damage to Services and Assets
20.   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:
      a.    where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
            or
      b.    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.
5.    REFERENCE DOCUMENTS

 Plan No.
                      Rev.   Plan/Document Name                                      Date

 -                    2      Stormwater Management Report, prepared by 29/05/2026
                             Auxilium Consulting

 -                    -      Engineering File Note, prepared by Auxilium 10/11/2025
                             Consulting

6.    REFERRAL AGENCIES

Not applicable.
7.    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
      Building and Construction Industry (Portable Long Service Leave) Levy
2.    The QLeave levy must be paid prior to the issue of a development permit where it is required.
      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
      been paid.
      Co-ordination of Operational Works Assessment
3.    Additional application fees apply to Operational Work applications where the different
      aspects of the works are lodged separately. Significant savings in application fees will result
      if all works are lodged in a single application.
      Preparation of a Preliminary Construction Management Plan

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4.    A preliminary Construction Management Plan must be submitted with the Operational Works
      application and must address the following:
      a.    appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
            Devices (MUTCD).
      b.    provision for safe vehicle and pedestrian access across the frontage of the site both
            during daily construction and after daily construction has ceased.
      c.    it is acknowledged that the preliminary Construction Management Plan will be a draft
            document requiring finalisation upon appointment of the Principal Contractor employed
            to construct the works and a final document will be required to be submitted at the Pre-
            Start Meeting for the project.
      Private Infrastructure
5.    All private infrastructure for the development must be designed to meet the planning scheme
      requirements unless otherwise agreed by the relevant authority.
      Road Reserve Permit
6.    This development permit provides the applicant with written authority to undertake the
      development in accordance with the conditions. Any additional activities that are undertaken
      inside Council’s road reserve for the purpose of acting on this development permit may
      require a Road Reserve Permit. These additional activities may include, but are not limited
      to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
      Permit, or for more information, Contact Council’s Road Reserve Officer at
      [email protected] Sealing
7.    All works required by this permit must be completed and accepted by Council prior to
      submitting an application for plan sealing.
      Biosecurity Act 2014 – Fire Ant Control
8.    Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
      individuals and businesses are responsible for ensuring that they follow the movement
      controls for specific organic materials to help prevent the spread of fire ants within South
      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
      ant biosecurity zone may need a biosecurity instrument permit. More information is available
      on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
8.    PROPERTY NOTES

Not applicable.
9.    VARIATION APPROVAL DETAILS

Not applicable.
10.   FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit Required             Subject of the required Development Permit

 Development Permit for Operational Works        Road work, Stormwater and Drainage work

 Development Permit for Building Works           All building work.

11.   SUBMISSIONS

Not applicable.




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12.   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.
13.   OTHER DETAILS

If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.




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