RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 28 SATINAY DRIVE, TEWANTIN · Report

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                        12 SEPTEMBER 2023


     SEQRP Designation               Urban Footprint

     Zone                            Low Density Residential

     Precinct                        Not applicable

     Local Plan Area                 Tewantin

     Overlays                        Bushfire Hazard
                                     Biodiversity, Waterways and Wetlands

     Assessment Type                 Code

EXECUTIVE SUMMARY
The development application is for the purpose of a subdivision of an existing residential lot, 1 lot
into 2 lots. Lot 1 is to have an area of 660m2 and proposed Lot 2 an area of 758m2.

The subject site is located at 28 Satinay Drive which gains access from Griffith Avenue. The
Reconfiguring a Lot Code stipulates that there is to be no further subdivision of land where access
is gained from Griffith Avenue. The intent behind the requirement is to retain the established
character of this part of Tewantin, with it being home to larger lot sizes than the permitted minimum
lot size of 600m2 in the Low Density Residential Zone. Satinay Drive and the surrounding residential
properties provide housing choice for permanent residents of the Shire that seek low density
allotments greater than 600m2. Subdivision of the subject lot will change the density of development
within the Noosa Parklands Estate and subsequently impact the amenity afforded by the larger lots.

In addition to the conflict with the scheme in respect of the character of the area, the Estate is
bordered by National Park and Reserves resulting in the property being identified as having high
bushfire risk. The nominated building envelope does not achieve <29kW/m² radiant heat flux
exposure required by the State Planning Policy. The building envelope proposed is reliant on
Queensland Parks and Wildlife Services (QPWS) maintaining the firebreak between the existing lot
and adjoining National Park. Approval of a subdivision that results in an intensification of an area,
increasing the number of persons and property at risk, should not be dependent on a third-parties
ongoing maintenance as safety is then out of the control of a landholder.

The proposed lot configuration is not suitable for its intended use due to bushfire hazard and is not
of a size that is characteristic of the area, the application is therefore recommended for refusal.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 12 September 2023 regarding Application No. RAL22/0027 for a Development Permit
for Reconfiguring a Lot – 1 into 2 lots, situated at 28 Satinay Dr Tewantin Qld 4565 and:

A.     Refuse the application for the following reasons:
        1. The proposal does not comply with Purpose and Overall Outcomes (1)(a), (b) and (c),
        (2)(a), (b) and (e)(i), Acceptable Outcome AO7.3 and Performance Outcomes PO4 and PO7,
        of the Reconfiguring a Lot Code as:
                a. The development application is for subdivision in an area identified as being not
                suitable for subdivision.
                b. The lot size and subdivision layout in not consistent with the established character
                and amenity of Noosa Parklands Estate.

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PLANNING & ENVIRONMENT COMMITTEE MEETING                                    12 SEPTEMBER 2023


            c. The required building envelope for proposed Lot 2 is not adequate to accommodate
            a dwelling house and associated structures and services, and therefore is not fit its
            intended use.


      2. The proposal does not comply with Purpose and Overall Outcomes (1) and (2)(a), (b) and
      (e), Acceptable Outcomes AO1, AO7, AO8.3 and Performance Outcomes PO1 and PO7 of
      the Bushfire Hazard Overlay Code as:
            a. The methodology for determining the building envelopes assumes that Queensland
            Parks and Wildlife Service will maintain the firebreak between the existing lot and
            adjoining National Park. Preservation of the separation from hazardous vegetation
            should not be dependent on third parties.
            b. The proposed reconfiguration does not minimise the risk to people and property
            from bushfire hazard.
            c.   The proposed layout will unduly burden disaster management services.
            d.   The required building envelope for proposed Lot 2 is not adequate.

B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.