Delegated Report - Code - Planning RAL19 0011 · RAL19/0011

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	RAL19/0011
Applicant	Kaymond P/L
Proposal	Reconfiguring A Lot - Boundary Realignment
Properly Made Date	12 April 2019
Information Request Date	13 May 2019
Information Response Date	22 May 2019
Decision Due Date	6 December 2019
Report Completed Date	6 December 2019

PROPERTY DETAILS
Property Address	120 Happy Jack Creek Rd Ridgewood Qld 4563 126 Happy Jack Creek Rd Ridgewood Qld 4563 138 Happy Jack Creek Rd Ridgewood Qld 4563
RP Description	Lot 480 MCH 524 Lot 528 MCH 1930 Lot 481 MCH 524
Land Area	102.477 ha 3726m² 96.315 ha
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Locality	Mary River Catchment
Zone	Rural
Overlays	Biodiversity (Riparian & Environmental Protection Area) Natural Hazard (Slide & Bushfire) Natural Resource (Water Supply Catchment & Agricultural Land Conservation Area)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring A Lot - Boundary Realignment. The applicant submits the following:
This application seeks approval for a Development Permit for Reconfiguration of Lots by Boundary Realignment (3 Lots into 3 Lots), involving land described as Lots 480 and 481 on MCH524 & Lot 528 on MCH1930, situated at Happy Jack Creek Road, Ridgewood Qld 4563.
The subject site comprises an area of 199.2ha and is located within the Rural Zone of the Mary River Catchment Area. The current size and formation of Lot 528 on MCH1930 is not appropriate for its intended use as a rural allotment. Furthermore, the farming operations on Lot 481 on MCH524 currently encroach into Lot 528 on MCH1930 and notably the cattle yards. The purpose of the proposal is to reposition the existing lot boundaries to better reflect how the land is currently used and managed and to create a more appropriate lot size and configuration for Lot 528 now proposed Lot 2.
The locality and proposal plans are included below.

Figure 1 – Site Locality

Figure 2 – Site Locality

Figure 3 – Proposed Reconfiguration Plan
site details
Background
Lots 480 and 481 MCH524 were surveyed circa 1908. Lot 528 MCH1930 was surveyed circa 1937.
Site Description
The site is mostly clear, agricultural land. The land contains some native vegetation and a natural waterway (Happy Jack Creek) protected under the Biodiversity Overlay.
Surrounding Land Uses
The site is surrounded by rural land uses within the Rural Zone.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Mary River Catchment Locality Code
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Code
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The proposed reconfiguring a lot 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:
Criteria	Planning Scheme	Existing	Proposal	Complies
Site Area 481 MCH524 / Proposed Lot 1 528 MCH1930 / Proposed Lot 2 480 MCH524 / Proposed Lot 3	100 ha	96.315 ha 3726m² 102.477 ha	96.69 ha 1.451 ha 101.03 ha	X X
Existing and Proposed Lot Sizes
The proposed lot sizes of the two larger parcels of land (Lots 480 & 481 MCH524) are generally consistent with the existing configuration. The proposed lot size of the smaller parcel of land (Lot 528 MCH1930) is proposed to be increased from 3726m2 to 1.451 ha, still considerably less than the minimum lot size of 100 ha. The proposed lot size is not entirely out of character considering the existing lot sizes in the immediate area and no additional lots are proposed.
Notwithstanding the above, the existing smaller parcel of land (Lot 528 MCH1930) is not considered a suitable parcel of land for the conduct of typical rural land uses and for the establishment of a detached house and associated outbuildings. Considering the overall size of the parcel of land; and proximity to Happy Jack Creek and the likely subsequent floodplain and overland flow impact on the property, the existing lot is not considered a functional rural lot in its current stand-alone form. Upon examination of historic survey plans, it is understood excess land in the Happy Jack Creek Road reserve that was not occupied by the road formation was reconfigured into lots with individual freehold titles. The likely intent for the creation of Lot 528 MCH 1930 was to dispose the land to the adjoining property for rural land use purposes (cattle grazing etc.) rather than for the purpose of an individual rural lot (figure 4).

Figure 4 – Lot 528 MCH 1930 Impacted by Happy Jack Creek
Considering the above, it is recommended not to support the existing lot being reconfigured into a larger rural/rural residential stand-alone lot. It is recommended the lot remain utilised for rural uses as part of the adjoining lot (Lot 480 MCH 524), consistent with the understood original intent and historic use.
Biodiversity (Riparian)
A significant portion of the new proposed lot 2 is within the Riparian Buffer Area. A minimum 1000m2 of flood free area is required for a house site plus additional sufficient area is required for effluent disposal, this may be able to be provided within the extent of proposed lot 2 and outside of the riparian buffer area, however this has not been demonstrated with the proposal.
The proposal does not demonstrate the proposed house site and effluent disposal area is suitable to ensure no detrimental impacts on the adjoining waterway, nor has the application demonstrated the property itself will not be impacted upon by the waterway. Subsequently, the proposal does not demonstrate compliance with Specific Outcome O5 of the Biodiversity Overlay Code.
Flooding
The extent of localised flooding surrounding Happy Jack Creek and at the location of the existing bridge in the Crawfords Road reserve is unknown. It is considered the proposed location of the new proposed lot 2 being on the eastern side of Happy Jack Creek increases the potential issues associated with suitable access and egress to/from the proposed relocated lot and Happy Jack Creek Road, for residents and/or emergency services during storm/flood events.
The proposal is not supported by independent localised flood studies and subsequently the proposal has not demonstrated compliance with Specific Outcome O1 of the Reconfiguring a Lot Code and Specific Outcomes O17 and O20 of the Natural Hazards Overlay Code.

Access
The existing access bridge in the Crawfords Road reserve provides access to existing lot 480 MCH524 only. By proposing an additional lot to be accessed via the existing bridge, the proposal would effectively increase the use of the bridge by 100%. The applicant has not demonstrated the existing bridge is of an acceptable standard for the proposed development.
Councils Civil Operations and Asset Planning officers indicate the existing bridge is located on Crawfords Road which is a private access road. Officers state the existing bridge is not in a condition that is acceptable by Council to accept into public ownership and use and would be a significant ongoing maintenance burden. The existing bridge would be required to be upgraded with a new bridge for Council to consider accepting the structure as a public asset. The applicant has not proposed to undertake any upgrade works to the bridge.
The proposal does not demonstrate compliance with Specific Outcome O33 of the Reconfiguring a Lot Code and Specific Outcome O1 of the Transport, Roads and Drainage Code.
draft planning scheme
With regard to the proposal, the provisions contained in the draft planning scheme are generally consistent with the current planning scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Engineering, Development Assessment
Works Coordinator, Civil Operations
Asset Planning Manager, Asset Planning
conclusion & reasons for decision
The proposed development does not comply with the requirements of the planning scheme and raises significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL19/0011 for a Reconfiguring A Lot - Boundary Realignment situated at 120, 126 & 138 Happy Jack Creek Rd Ridgewood Qld 4563 and described as Lot 480 MCH 524, Lot 528 MCH 1930 and Lot 481 MCH 524, it is recommended the application be refused in accordance with the following details for the Decision Notice:
application details
Application No:	RAL19/0011
Street address:	120 Happy Jack Creek Rd Ridgewood Qld 4563 126 Happy Jack Creek Rd Ridgewood Qld 4563 138 Happy Jack Creek Rd Ridgewood Qld 4563
Real property description:	Lot 480 MCH 524 Lot 528 MCH 1930 Lot 481 MCH 524
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to refuse the application for the following reasons:
The proposal would result in an existing lot that is wholly located outside the Riparian Buffer Area to be relocated within the buffer area, contrary to the specific and overall outcomes of the Noosa Plan’s Biodiversity Overlay Code.
The proposal is contrary to the Reconfiguring a Lot Code and Natural Hazards Overlay Code as:
Proposed lot 2 is likely to be located in an area subject to local flooding, with Happy Jack Creek road reserve also likely to be subject to inundation during flood events;
The applicant has not demonstrated that a suitable, flood free house site area and effluent disposal area is available for proposed lot 2; and
The applicant has not demonstrated that lot 2 has flood free access and residents of proposed lot 2 may become isolated during flood times, potentially burdening emergency services.
The proposal is contrary to the Reconfiguring a Lot Code as proposed lot 2 does not have suitable, safe and appropriate access, as access is proposed via an existing bridge, likely to have been privately constructed and inspection shows that the bridge is likely to require some significant maintenance work.
The proposed boundary realignment will increase the amount of traffic utilising the bridge and this will result in additional maintenance of the bridge, further burdening Council’s resources.
referral agencies
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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