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                               APPENDIX E
                                      Code Assessment
                                                         Prepared by:
                                                   Bennett + Bennett




www.bennettandbennett.com.au      201312_Town Planning Application | March 2021
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                                                              TEWANTIN LOCAL PLAN CODE
PERFORMANCE OUTCOMES                                    ACCEPTABLE OUTCOMES                                       COMMENT
Development in the Tewantin Local Plan Area Generally (All Zones)
PO1                                                     No acceptable outcome provided.                           Complies.
Development enhances the role of Tewantin as home
to a significant community as well as being the                                                                   The proposed development is a Consistent and Code Assessable
gateway to Noosa North Shore, the Noosa Hinterland,                                                               use for the Low Density Residential Zone.
Noosa River and the coastal urban areas of the Shire.
PO2                                                     No acceptable outcome provided.                           Not applicable.
Development contributes to the lifestyle and amenity
of residents of Tewantin and its surroundings with a
limited range of visitor services, including low cost
visitor accommodation and marine facilities.
PO3                                                     AO3.1                                                     Not applicable.
Development contributes to the establishment of         Development adjacent to a gateway or special place
attractive streetscapes and gateways to enhance the     or on land identified as a key corner on Figure 7.2.3.4   The subject site is not identified on Figure 7.2.3.4 (Tewantin
sense of arrival and character of Tewantin.             (Tewantin Framework and Character Plan):                  Framework and Character Plan).
                                                            (a) incorporates architectural and landscape
                                                                 treatments which emphasise the corner
                                                                 location as show in Figure AP310A and
                                                                 Figure AP310B; and
                                                            (b) incorporates building materials such as
                                                                 varied roof forms, changes in materials and
                                                                 variations in projected and recessed
                                                                 elements and facades.

                                                        AO3.2
                                                        Development adjacent to a primary streetscape
                                                        treatment area on Figure 7.2.3.4 (Tewantin
                                                        Framework and Character Plan) provides for
                                                        streetscape improvements which are appropriate to
                                                        the location, setting and context of the development
                                                        and complement existing or proposed streetscape
                                                        works in the local area.

                                                        AO3.3
                                                        Development on Key Development Sites identified on
                                                        Figure 7.2.3.4 (Tewantin Framework and Character

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                                                           Plan) incorporates a high standard of architectural
                                                           design and landscape treatment consistent with the
                                                           streetscape character.

                                                           Editor’s Note— For further guidance and context in
                                                           interpreting the Framework and Character Plans
                                                           please refer to PSP7 Framework and Character Plans.
PO4                                                        AO4                                                          Complies.
The visual amenity surrounding the major road              Development adjacent to McKinnon Drive, Butler
network and entry roads is protected and enhanced.         Street, Cooroy– Noosa Road, Beckmans Road,                   The proposed development will incorporate landscaping that
                                                           Moorindil Street, Poinciana Avenue, Doonella Street,         complements the natural species occurring in the local area,
                                                           Memorial Avenue, Sidoni Street and Hilton Terrace            protect existing vegetation within the road reserve and incorporate
                                                           incorporates landscaping that complements the                design elements that add visual interest to the streetscape, so as
                                                           natural species occurring in the local area, protects        to ensure compliance with Acceptable Outcome AO4 of this
                                                           existing vegetation within the road reserve and              element.
                                                           incorporates design elements that add visual interest
                                                           to the streetscape.
PO5                                                        AO5.1                                                        Complies.
Development provides for the retention and                 Development provides for the retention of landmarks,
enhancement of key heritage and landscape elements         memorials and monuments including but not                    The retention of existing landscape elements will be preserved
including historical landmarks, existing character trees   necessarily limited to those identified on the Heritage      when possible and practical.
and areas of significant vegetation contributing to the    and Character Areas Overlay maps in Schedule 2.
setting and character of the local plan area.
                                                           AO5.2
                                                           Development provides for the retention and
                                                           enhancement of existing mature trees and character
                                                           vegetation contributing to the vegetated backdrop and
                                                           streetscape character of the local plan area including:
                                                                (a) mature poinciana and fig trees, particularly
                                                                    along Poinciana Avenue;
                                                                (b) riparian vegetation adjacent to the Noosa
                                                                    River, Lake Doonella and Wooroi Creek and
                                                                    their tributaries within the local plan area; and
                                                                (c) other character vegetation and landscaping
                                                                    where identified in Figure 7.2.3.4 (Tewantin
                                                                    Framework and Character Plan).

                                                           AO5.3
                                                           Development adjacent to Poinciana Avenue
                                                           incorporates additional poincianas within new street
                                                           planting.
PO6                                                        AO6.1                                                        Not applicable.

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Development provides for the retention and                   Development enhances and does not intrude upon
enhancement of key contextual views to the Noosa             important gateways and sightlines to the Noosa River
River, Lake Doonella, Noosa North Shore, Mount               and Lake Doonella.
Tinbeerwah, Tewantin State Forest, and to
surrounding rural and natural areas.                         AO6.2
                                                             For Tewantin, buildings and structures do not
                                                             significantly interrupt or encroach upon key contextual
                                                             views as identified in Figure 7.2.3.4 (Tewantin
                                                             Framework and Character Plan) and shown in Figure
                                                             7.2.3.5 and Figure 7.2.3.6
Built Form and Streetscape
PO7                                                          AO7.1                                                      Complies.
Buildings, structures and landscaping is consistent          Development retains or reuses buildings that have
with, and reflective of, the traditional town character of   cultural heritage or townscape significance, including     The future Dwelling House to be established at proposed Lot 2 will
Tewantin in terms of form, composition and use of            houses built in or before 1946, sites subject to the       include building materials, finishes and colours that are consistent
materials.                                                   Heritage and Character Areas Overlay maps (as              with the traditional town character of Tewantin with regard to form,
                                                             mapped in Schedule 2) or where identified as a             composition and use of materials.           Compliance with the
                                                             heritage site on Figure 7.2.3.4 (Tewantin Framework        Acceptable Outcomes of this element will be addressed at the
                                                             and Character Plan).                                       subsequent Building Approvals stage.

                                                             Editor’s Note— Section 8.2.7 (Heritage Overlay code)
                                                             sets out requirements for development on heritage
                                                             places and in character areas.

                                                             AO7.2
                                                             Roof forms use simple, traditional Queensland style
                                                             roof designs, including gable, hip, pitched, skillion or
                                                             multiple gable roof forms with a roof pitch of no less
                                                             than five degrees, examples shown in Figure AP36B.

                                                             AO7.3
                                                             For residential buildings, roof form is visible from the
                                                             street and not concealed behind parapets.

                                                             AO7.4

                                                             Buildings are designed to:
                                                                  (a) suit the local subtropical climate;
                                                                  (b) incorporate lightweight materials such as
                                                                      timber;
                                                                  (c) be elevated above the ground on sloping or
                                                                      lowlying lots;

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                                                              (d) incorporate verandahs, open balconies with
                                                                  transparent or open balustrades or shaded
                                                                  patios for outdoor living; and
                                                              (e) allow for landscaping integrated with the
                                                                  buildings on site.

                                                          AO7.5
                                                          Boundary setbacks provide space for trees between
                                                          buildings.
Centres and Services
PO8                                                       No acceptable outcome provided.                          Not applicable.
The Tewantin local plan area is serviced by the
following centres providing business, entertainment
and community uses consistent with the Noosa Shire
Centres Hierarchy:
     (a) Tewantin District centre;
     (b) Noosa Outlook Neighbourhood centre; and
     (c) Hilton Terrace Neighbourhood centre.
PO9                                                       No acceptable outcome provided.                          Not applicable.
Tewantin town centre functions as a district centre
with a wide range of business and community
functions, servicing Tewantin and communities to the
north and west.
PO10                                                      AO10.1                                                   Not applicable.
Poinciana Avenue, between Sidoni Street and               Development on Poinciana Avenue and Memorial
Memorial Avenue, is maintained as a traditional           Avenue maintains and enhances the wide, attractive
pedestrian orientated main street and primary retail      and pedestrian friendly main street.
and commercial focus of the town.
                                                          AO10.2
                                                          No additional shops or shopping centres, or expansion
                                                          of existing shops or shopping centres take pedestrian
                                                          access from Blakesly Street, Sidoni Street or Doonella
                                                          Street.
PO11                                                      No acceptable outcome provided.                          Not applicable.
Land fronting Pelican Street, Memorial Avenue, Diyan
Street, Sidoni Street, Blakesley Street, and Doonella
Street, serves as a transition area contributing to the
business and community functions of the town centre
but without expansion of active frontages to retail
businesses unless identified as a primary active street
frontage on Figure 7.2.3.4 (Tewantin Framework and

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Character Plan).
PO12                                                    AO12.1                                                   Not applicable.
Development in the District Centre zone:                Development:
   (a) is sympathetic to the character, streetscape        (a) respects the layout, scale (including height
       and built form of the Tewantin town centre;             and setback) and character of development
   (b) contributes to the variety of low set and walk          on adjoining sites;
       up building styles of various eras in the           (b) includes detailing and articulation for
       streetscape;                                            horizontal emphasis including awnings, facia
   (c) creates vibrant and active streets and public           boards, parapet walls and upper level
       spaces;                                                 verandahs or balconies as shown in Figure
   (d) provides continuous weather protection for              7.2.3.7;
       pedestrians; and                                    (c) provides a fine scale of built form;
   (e) provides integrated and functional car              (d) provides active street frontages where
       parking and access arrangements that do not             identified as primary active street frontage on
       dominate the street.                                    Figure 7.2.3.4 (Tewantin Framework and
                                                               Character plan) and incorporates shopfronts,
                                                               indoor/outdoor cafes and restaurants and
                                                               other activities that foster casual, social and
                                                               business interaction for extended periods.
                                                               Refer to Figure AP38A for design outcomes
                                                               for active streetscapes.
                                                           (e) has building openings overlooking the street
                                                               and addressing key corners as indicated in
                                                               Figure 7.2.3.4 (Tewantin Framework and
                                                               Character plan) and Figure AP37A.
                                                           (f) provides all weather protection in the form of
                                                               continuous cantilevered awnings and/or light
                                                               verandah structures over footpath areas with
                                                               mature or semimature shade trees planted
                                                               along the site frontage adjacent to the
                                                               kerbside as per Figure 6.4.2.5 and Figure
                                                               7.2.3.7;
                                                           (g) for business uses without frontage to
                                                               Poinciana Avenue, pedestrian access from
                                                               Poinciana Avenue is gained via a covered
                                                               walkway or arcade;
                                                           (h) includes the provision of landscaping, shaded
                                                               seating and consistent and simple paving
                                                               materials on footpaths that are consistent
                                                               with the character of its setting including
                                                               where shown as primary streetscape

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                                                                     treatment area on Figure 7.2.3.4 (Tewantin
                                                                     Framework and Character plan);
                                                               (i)   provides interconnected and integrated off
                                                                     street car parking accessed from Blakesley
                                                                     Street, Doonella, Sidoni Street or Diyan
                                                                     Street; and
                                                               (j)   provides vehicle access along Sidoni Lane to
                                                                     connect the Doonella and Sidoni Street car
                                                                     parks as indicated in Figure 7.2.3.4 (Tewantin
                                                                     Framework and Character plan).

                                                           AO12.2
                                                           Expansion of retail floor space on Lot 5 on SP182879
                                                           (the supermarket anchored “Poinciana Place”
                                                           shopping centre) occurs on the frontage of Poinciana
                                                           Avenue consistent with the alignment of adjoining
                                                           buildings to the east and west to create an active
                                                           frontage.
PO13                                                       No acceptable outcome provided.                            Not applicable.
Neighbourhood centres provide lower order goods
and services to support the day today needs of
residents and visitors, forming focal points for the
surrounding neighbourhoods.
Housing Choice
PO14                                                       No acceptable outcome provided.                            Not applicable.
Sites currently used or approved for the use of,
relocatable home parks, retirement facilities or
residential care facilities continue to provide such
residential accommodation into the future.
PO15                                                       AO15                                                       Not applicable.
Development in the District and Neighbourhood              Residential dwellings within the District centre and
Centre zones contribute to housing diversity by            Neighbourhood centre zones:
providing small dwellings, including single level              (a) do not exceed 100m2; and
apartments.                                                    (b) are part of a mixed use building with non-
                                                                   residential uses at ground level.
Visitor Facilities
PO16                                                       No acceptable outcome provided.                            Not applicable.
Sites at Moorindil Street and Cooroy Noosa Road that
are currently used for tourist parks continue to provide
low cost accommodation for visitors.
PO17                                                       No acceptable outcome provided.                            Not applicable.

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Noosa Lakes Resort at 3 Hilton Terrace continues to
operate as short term resort accommodation for
visitors to the Shire.
Noosa River
PO18                                                        No acceptable outcome provided.                         Not applicable.
Commercial development on or adjacent to the Noosa
River:
    (a) provides for uses for marine facility purposes
        only, including water transport and boat hire;
    (b) is compatible with the scenic values of the
        waterway;
    (c) provides a high level of amenity, including
        ensuring low ambient noise levels;
    (d) does not increase the overall scale and
        intensity of commercial operations;
    (e) ensures no net increase in the gross floor
        area of building and structures;
    (f) uses materials, natural finishes and colours
        that blend with the surrounding natural
        landscape; and
    (g) reflects the character and setting of the
        waterfront locality (such as timber and tin
        construction with a traditional pitched roof
        design).
PO19                                                        AO19.1                                                  Not applicable.
Commercial development on and adjacent to Noosa             No additional commercial leases are created on or
River is not increased or expanded beyond existing          adjacent to the Noosa River.
building footprints and structures within existing lease
areas.                                                      AO19.2
                                                            Development does not increase the overall building
                                                            footprint, gross floor area or height of buildings or
                                                            structures associated with commercial jetties.
PO20                                                        No acceptable outcome provided.                         Not applicable.
The loading and unloading of passengers and boat
docking is confined to the commercial lease areas of
the respective commercial operation.
PO21                                                        AO21                                                    Not applicable.
Parking of vehicles and boat trailers and the loading       The loading and unloading of passengers, goods and
and unloading of goods or passengers does not               water craft is confined to the commercial lease areas
impede on public open space in the vicinity of the river.   of the respective commercial operation provided.
PO22                                                        No acceptable outcome provided.                         Not applicable.

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Noosa Marina at Parkyn Court:
   (a) provides for the continued operation of the
       marina moorings, marine based businesses
       and river transport services and ancillary
       business uses and food and drink outlets;
   (b) does not provide residential uses, indoor
       sport and recreation, nightclub entertainment
       facility; and
   (c) provides required car parking on site.
Access and Connectivity
PO23                                                       AO23                                                    Not applicable.
Development integrates with and extends the existing       Development on land including or adjoining a key
street and pathway networks including but not limited      pedestrian/cycle link shown in Figure 7.2.3.4
to those identified on Figure 7.2.3.4 (Tewantin            (Tewantin Framework and Character plan) facilitates
Framework and Character plan) such               that      these connections.
connections to and between key local destinations are
provided and reinforced.
PO24                                                       No acceptable outcome provided.                         Not applicable.
Development provides for access to the Noosa River
system, Lake Doonella and other public open space to
be via formalised communal access points which are
located and designed so as to maintain and enhance
visual amenity, bank stability, habitat values and water
quality.
Environment, Natural Resources and Recreation
PO25                                                       AO25                                                    Not applicable.
Development has no significant adverse effects on          Connecting Habitat Areas as identified on Map SFM4
biodiversity, natural vegetation, native fauna habitat,    Biodiversity (Strategic Framework) are protected from
landscape quality, water quality or cultural heritage      fragmentation and encroachment by development.
values, including those related to—
    (a) changes to natural drainage;
    (b) disturbance to any wetland system;
    (c) management of landslide and fire risk;
    (d) erosion and the transport of sediments off
          site;
    (e) unmanaged public access; and
    (f) changes to fauna habitat and behaviour.
PO26                                                       AO26                                                    Not applicable.
Development maintains and protects an integrated           Open space corridors identified as Ecological
open space network throughout the locality to—             Linkages and Major Recreation areas on Map SFM1

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(a) provide for both passive and active             Settlement and Map SFM4 Biodiversity (Strategic
    recreational pursuits;                          Framework) are enhanced and protected from
(b) provide connectivity for pedestrians and        fragmentation and encroachment by development.
    cyclists;
(c) provide habitat connectivity for wildlife and
    fish passage;
(d) protect watercourses and drainage lines;
(e) protect vegetation on steep slopes; and
(f) form a scenic backdrop for residential
    development.

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                                                          LOW DENSITY RESIDENTIAL ZONE CODE
PERFORMANCE OUTCOMES                                       ACCEPTABLE OUTCOMES                                     COMMENT
Role and Function
PO1                                                        No acceptable outcome provided.                         Complies.
Development provides for low density, predominantly
detached housing on a range of lot sizes consistent                                                                The proposed development is a Consistent and Code Assessable
with the character of the area, which meets the needs                                                              use for the Low Density Residential Zone.
of current and future resident populations including
small households, older persons, people on low
incomes and people with special mobility needs.
PO2                                                        AO2.1                                                   Complies.
Land uses are limited to those which are compatible        Land uses do not regularly result in more than ten
with low density living in urban neighbourhoods.           unrelated persons being present on site.                The intent of the proposed development seeks to create one (1)
                                                                                                                   additional residential lot capable of accommodating a single
                                                           AO2.2                                                   Dwelling House.
                                                           Land uses do not adversely affect the amenity of the
                                                           residential neighbourhood by the emission of noise,
                                                           vibration, smell, fumes, smoke, vapour, steam, soot,
                                                           ash, dust, grit, oil, waste water, waste products, or
                                                           radio or electrical interference.

                                                           AO2.3
                                                           Any   business    operated     on  site including
                                                           accommodation is subordinate to the use of the
                                                           premises for a domestic residence.
PO3                                                        AO3.1                                                   Not applicable.
Visitor accommodation is limited to low density            Home-based businesses allow for up to four short term
formats compatible with the domestic character and         guests to be accommodated within the home of the
use of the area so as not to cause unreasonable loss       host while the host remains in residence, such as
of residential amenity, having regard to:                  traditional bed and breakfast accommodation.
     (i) the privacy of adjoining properties;
     (ii) any likely increase in noise to adjoining        AO3.2
           properties;                                     Short-term accommodation:
     (iii) the scale of the use and its compatibility          (a) does not constitute a party house;
           with the surrounding character and uses             (b) makes available no more than one self
           within the area;                                         contained dwelling at any one time;
     (iv) retention of the primary residential function
           of an area;

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    (v) the impact on the safety and efficiency of             (c) noise does not unreasonably impact on the
          the local road network;                                  residential amenity enjoyed by the adjoining
    (vi) any impact on shared access or uses rights                or surrounding properties; and
          of way; and                                          (d) makes available no more than five bedrooms.
    (vii) waste storage areas are located so they do
          not significantly impact on the visual
          amenity of the area.                             AO3.3
                                                           Buildings are designed and orientated so that the
                                                           majority of outdoor living areas face away from the
                                                           habitable areas of adjoining dwellings.

                                                           AO3.4
                                                           Waste storage areas are screened and located to the
                                                           rear or side of a building and are not located along any
                                                           frontage to a public street or space.
PO4                                                        AO4                                                        Not applicable.
The Low density residential zone includes established      Dwelling houses and associated domestic or home-
house blocks in remote, secluded areas with little or      based uses in well-landscaped settings remain the
no urban services or infrastructure.                       only form of development on small village and
                                                           waterfront lots in the Low density residential zone:
                                                               (a) on Noosa North Shore; or
                                                               (b) at Lake Cooroibah.
PO5                                                        AO5.1                                                      Not applicable.
A secondary dwelling may create permanent housing          No more than one secondary dwelling is provided on
for an extended family member or other member of the       any site regardless of site area.
household resident in the dwelling house while
protecting the low density character of the site and the   AO5.2
zone.                                                      A secondary dwelling:
                                                               (a) has a maximum gross floor area of 65m²;
                                                               (b) has no more than two bedrooms; and
                                                               (c) does not occur on any property covered by a
                                                                   Building Unit Plan.
PO6                                                        AO6.1                                                      Not applicable.
Community residences and rooming accommodation:            Development has the external appearance of a
    (a) are compatible with the look and feel of the       dwelling house occupied by one household.
        surrounding housing;
    (b) do not exceed the anticipated load on              AO6.2
        infrastructure;                                    No more than five bedrooms are provided.
    (c) do not generate vehicular traffic at a level
        unreasonable for the Low Density
        Residential Zone; and

Page 13

    (d) do not exceed the anticipated residential
        density of the zone.
Built Form
Building Height                                            AO7.1                                                       Complies.
                                                           Buildings and structures are no more than 8 metres in
PO7                                                        building height and do not exceed 2 storeys.                The future Dwelling House to be established at proposed Lot 2 will
Buildings and structures:                                                                                              be no more than 8m in building height and will not exceed two (2)
     (a) are low rise and present a building height        AO7.2                                                       storeys. Compliance with the Acceptable Outcomes of this
         consistent with structures on adjoining and       Where excavation is required, the maximum portion of        element will be addressed at the subsequent Building Approvals
         surrounding premises and with the                 the exposed external façade of the building cannot          stage.
         predominant character of the area;                exceed 8m in building height.
     (b) are designed to provide an interesting
         streetscape and complement landform               Editor's note—refer to Figure AP3-13A
         changes;
     (c) do not visually dominate the street or            Alternative provision to the QDC.
         surrounding area;
     (d) respect the scale of surrounding vegetation
         and maintain a vegetated skyline;
     (e) do not unreasonably obscure views or lead
         to    overshadowing      of    neighbouring
         properties; and
     (f) do not exceed two storeys.
Site Cover and Gross Floor Area                            AO8.1                                                       Complies.
                                                           Site cover of all buildings and structures on site does
PO8                                                        not exceed:                                                 The future Dwelling House to be established at proposed Lot 2 will
Development:                                                    (a) for a single storey building – 50%;                ensure a compliant site cover is achieved. Compliance with the
    (a) is of a scale compatible with surrounding               (b) for a building of 2 storeys –                      Acceptable Outcomes of this element will be addressed at the
        development          and     the      particular            (i)       50% for one of the storeys; and          subsequent Building Approvals stage.
        circumstances of the site;                                  (ii)      30% for the other storey; or
    (b) has a low site impact to maximise the                       (iii)     40% for both storeys.
        opportunity to retain site characteristics, such
        as native vegetation and natural landforms;        Editor's note—refer to Figure AP3-9A
    (c) allows the opportunity to provide soft
        landscaping between buildings;                     AO8.2
    (d) does not present an appearance of bulk to          Irrespective of site cover, the total gross floor area of
        adjacent properties, roads or other areas in       combined buildings does not exceed 500m2 with the
        the vicinity of the site.                          exception of the following properties at Park Road
                                                           Noosa Heads, where a maximum gross floor area of
                                                           150m2 applies:
                                                                (a) Lot 57 RP230895;
                                                                (b) Lot 56 RP230895;
                                                                (c) Lot 55 RP52918;

Page 14

                                                               (d) Lot 54 RP52918; and
                                                               (e) Lot 3 RP122368.

                                                           Alternative provision to the QDC.
Setback                                                    AO9.1                                                       Complies.
                                                           Buildings and structures have a setback of 6 metres
PO9                                                        from the road frontage, provided that setback to one        The future Dwelling House to be established at proposed Lot 2 will
Buildings and structures are designed and sited to:        frontage may be reduced to 4.5 metres where the lot:        ensure compliant setbacks are achieved. Compliance with the
     (a) provide a high level of amenity to users of the        (a) has frontage to more than one road; and            Acceptable Outcomes of this element will be addressed at the
         subject site and adjoining premises,                   (b) is less than 600m2 in area; or                     subsequent Building Approvals stage.
         including provision of visual and acoustic             (c) is less than 15 metres in width.
         privacy and access to sunlight;
     (b) not unreasonably obstruct views or cause          AO9.2
         overlooking of private open space or              Buildings and structures meet the following minimum
         habitable areas of adjoining premises;            boundary setbacks to rear boundaries:
     (c) provide adequate distance from adjoining               (a) where the lot has an area of at least 550m 2,
         land uses;                                                  rear setbacks comply with either:
     (d) preserve existing vegetation that will help                (i) 3 metres setback up to 4.5 metres in
         buffer development;                                              height; and 6 metres setback between
     (e) allow for space and landscaping to be                            4.5 metres and 8 metres height; or
         provided between buildings including                       (ii) no part of the building protrudes beyond
         adequate area at ground level for                                a projection line that rises from 1.8
         landscaping with trees, shrubs and outdoor                       metres above the ground at the property
         living;                                                          boundary to a point 8 metres in height 6
     (f) be consistent with the predominant character                     metres in from the property boundary,
         of the streetscape; and                                          providing that no building or structure is
     (g) protect the natural character and avoid                          setback less than 1 metre from the
         adverse impacts on ecologically important                        boundary, as shown in Figure 6.3.1.4
         areas such as national parks, waterways and            (b) where the lot area is less than 550m2 the rear
         wetlands.                                                   boundary setback is per other boundaries as
                                                                     addressed in AO9.3 below;
                                                                (c) where the rear boundary of a lot adjoins a
                                                                     reserve, public open space or access
                                                                     easement the rear boundary setback may be
                                                                     as for other boundaries as addressed in
                                                                     AO9.3 below.

                                                           Editor’s Note—Where the property is a corner lot with
                                                           two road frontages, there is no “rear boundary” and
                                                           both common property boundaries are considered as
                                                           other boundaries as addressed in AO9.3.

Page 15

                                                         AO9.3
                                                         Buildings and structures meet the following minimum
                                                         setbacks to boundaries other than road frontages and
                                                         rear boundaries:
                                                              (a) 1.5 metre setback up to 4.5 metres height;
                                                              (b) 2 metres setback between 4.5 metres and 7.5
                                                                  metres height; and
                                                              (c) 2.5 metres if above 7.5 metres height.

                                                         AO9.4
                                                         Notwithstanding the provisions of AO9.2 and AO9.3, a
                                                         lesser building setback to:
                                                             (a) side and rear boundaries may apply for the
                                                                  following provided they comply with the
                                                                  Queensland Development Code:
                                                                       (i) open carport;
                                                                       (ii) swimming pool, garage/shed; and
                                                                       (iii) rainwater tank, retaining walls,
                                                                             screens and fences not exceeding
                                                                             2 metres in height; and
                                                             (b) front boundaries may apply for the following
                                                                  provided they comply with the Queensland
                                                                  Development Code:
                                                                        (i) swimming pool less than 1m above
                                                                              ground level; or
                                                                        (ii) decks or balconies less than 1m
                                                                              above ground level.

                                                         AO9.5
                                                         Buildings and structures on premises with frontage to
                                                         the Noosa River system are setback not less than 10
                                                         metres from the mean high water spring as shown in
                                                         Figure AP3-15A.

                                                         Alternative provision to the QDC.
Setback to a Watercourse in the Noosa Waters             AO10                                                     Not applicable.
Estate, Noosaville                                       For premises adjoining a watercourse within the
                                                         Noosa Waters estate no building work, filling or
PO10                                                     excavation works occurs within 4.5 metres from the
Land adjoining the revetment wall and for a width of     centre line of the top of the concrete revetment wall.
4.5 metres serves flood detention and amenity
functions, free of structures and impervious surfaces.   Editor's note—refer to Figure 6.3.1.5.

Page 16

                                                         Alternative provision to the QDC.
PO11                                                     AO11.1                                                   Not applicable.
The flood detention and amenity functions of the area    A minimum of 25% of the area within 4.5 metres of the
adjoining the Noosa Waters revetment wall are            revetment wall is gardens planted with shrubs and
retained and enhanced by ensuring:                       small trees with a mature height of 3 metres or less.
     (a) works do not protrude through a batter line
         of 1:4.5 measured from the centre line of the   AO11.2
         revetment wall;                                 The ground surface within the first metre of the
     (b) there is no additional load placed on the       revetment wall—
         revetment wall;
     (c) works do not pose a risk to the membrane          (a) is grass or ground cover; and
         adjoining the revetment wall;                     (b) does not include shrubs.
     (d) the watercourse and surrounding land uses
         are not adversely affected by development       AO11.3
         (building works, filling or excavation)         Side boundary fences within 4.5 metres of the
         ensuring:                                       revetment wall taper down to a maximum height of 1.2
         (i) the area is predominantly soft              metres at the revetment wall and no more than 1.5
                landscaping;                             metres at a distance of 2.25 metres from the revetment
         (ii) a maximum of 25% of the area is            wall.
                impervious;
         (iii) dominant impervious areas and             AO11.4
                masonry retaining walls are avoided;     No shore side anchor points are within 4.5 metres of
         (iv) retaining structures and the like are      the revetment wall.
                light weight, low rise and screened by
                landscaping;
         (v) natural materials such as timber or rock
                are used rather than manufactured
                materials;
         (vi) the acoustic privacy and access to
                sunlight of surrounding development is
                protected;
         (vii) views are not impeded; and
         (viii) shore side anchor points are avoided.
Design
Streetscape and Presentation                             AO12.1                                                   Complies.
                                                         Buildings are orientated towards the street by having
PO12                                                     the main entrance easily recognisable from the street    The future Dwelling House to be established at proposed Lot 2 will
Buildings and structures are designed to:                and including two or more of the following design        ensure compliance with the Acceptable Outcomes of this element
     (a) address the street and contribute positively    elements in the front facade:                            at the subsequent Building Approvals stage.
         to the streetscape character;                        (a) verandahs;
     (b) avoid large continuous wall planes and bulky         (b) porches;
         elevations or boxy profiles;                         (c) external stairs;

Page 17

    (c) maintain a domestic appearance consistent            (d) awning or shade structures; or
        with detached dwelling houses.                       (e) window openings.

                                                         AO12.2
                                                         No wall greater than 5 metres in height has a length
                                                         greater than 20 metres.

                                                         AO12.3
                                                         Where buildings are raised on posts or stumps with a
                                                         suspended floor, the distance between the ground and
                                                         the lowest part of the floor of the building does not
                                                         exceed 3 metres.

                                                         Editor's note—refer to figure 6.9.1B

                                                         AO12.4
                                                         Development visible from the street includes no more
                                                         than:
                                                             (a) one letter box;
                                                             (b) one electricity meter box;
                                                             (c) three wheelie bins; and
                                                             (d) three garage doors.

                                                         AO12.5
                                                         Any shipping containers, railway carriages or similar
                                                         are placed behind a dwelling house and not visible
                                                         from the street.
PO13                                                     AO13.1                                                    Complies.
Garages and carports are designed and sited to           No more than three garage doors, having a combined
visually integrate with the dwelling and avoid           total width not exceeding 7.2 metres present to the       The future Dwelling House to be established at proposed Lot 2 will
dominating the street by:                                street front.                                             ensure compliance with the Acceptable Outcomes of this element
    (a) minimising the width of the garaging                                                                       at the subsequent Building Approvals stage.
         structure;                                      AO13.2
    (b) minimising projection of the structure forward   Double width garages do not occur on any lot less than
         of the main face of the dwelling; and           10 metres wide.
    (c) ensuring the pedestrian entrance / front door
         is visible from the front property boundary.    AO13.3
                                                         On a lot less than 12.5 metres wide double garages
                                                         are permitted only where:
                                                             (a) the lot is at least 10 metres wide;
                                                             (b) the building is more than one storey in height;
                                                                  and

Page 18

                                                            (c) the total width of the garage does not exceed
                                                                60% of the width of the lot.

                                                        AO13.4
                                                        On lots with a width of at least 12.5 metres but not
                                                        exceeding 14 metres the total width of the garage does
                                                        not exceed 50% of the width of the lot and garage
                                                        doors do not exceed a total width of 6 metres.

                                                        AO13.5
                                                        On lots with a width of more than 14.0 metres, garage
                                                        doors within 10 metres of the front boundary do not
                                                        present a combined width of more than 6.7 metres or
                                                        40% of the lot width whichever is the lesser.

                                                        Editor’s Note— The lot width would be measured at
                                                        the frontage unless the lot was irregular in shape being
                                                        for example on a bend or at the head of a cul-de-sac,
                                                        in which case it would be the width of the lot in line with
                                                        the front of the garage.
PO14                                                    AO14                                                          Not applicable.
Basements (including the entry points to them):         Basements:
   (a) do not dominate the street or building design;      (a) are limited to one access a maximum of 6
   (b) visually integrates with the residential                metres wide; and
       building; and                                       (b) do not encroach into boundary setback
   (c) do not present as a storey to the street.               areas.

                                                        Editor's note—refer to figure 6.9.2
PO15                                                    AO15                                                          Complies.
Hard standing driveways and manoeuvring areas are       Driveways have a maximum width of 6 metres within
designed so as not to dominate the streetscape nor      the property and only one footpath crossing is provided       The proposed access handle does not dominate the site’s Butler
adversely impact on the low density residential         per property as part of the driveway.                         Street frontage nor does the driveway adversely impact the
amenity.                                                                                                              amenity of the local area.
Roof Design                                             AO16.1                                                        Complies.
                                                        With the exception of the reuse or renovation of an
PO16                                                    existing building which does not comply, in areas other       The future Dwelling House to be established at proposed Lot 2 will
Roof designs:                                           than the Coastal Communities and Noosa Heads local            ensure compliance with the Acceptable Outcomes of this element
   (a) contribute positively to the character of the    plan areas:                                                   at the subsequent Building Approvals stage.
       streetscape;
   (b) incorporate eaves and roof overhangs;                (a) the main roof of buildings has a pitch no less
   (c) avoid boxy elevations on the front facade of             than 5 degrees; and
       the building;

Page 19

    (d) do not present an appearance of excessive            (b) eaves apply to at least 75% of the perimeter
        bulk to the street or neighbouring properties;           of the roof.
    (e) do not create opportunities for residents or
        building users to overlook the private open      Editor’s Note — 450 millimetre eaves will achieve
        space or view into habitable windows or          AO16.1(b) provided a 150 millimetre gutter is used.
        doors of neighbouring properties.
                                                         AO16.2
                                                         The total width of any parapet wall does not exceed
                                                         50% of the width of the front facade of a building.

                                                         AO16.3
                                                         Development does not include rooftop terraces.
Safety and Amenity
PO17                                                     AO17.1                                                     Complies.
Development is designed to maintain the safety and       Boundary fences and walls are designed to allow for
security of persons on the premises and nearby           casual surveillance from the property to the street and    The proposed infill residential subdivision increases opportunity for
premises and to avoid significant adverse changes to     any adjoining public spaces.                               casual surveillance.
the solar access, air quality, noise, accessibility or
other conditions enjoyed by users of associated,         Editors note- Casual surveillance can be achieved by
adjoining or nearby premises.                            using open construction where no more than 50% of
                                                         the fence or wall is solid and can't be seen through.

                                                         AO17.2
                                                         Landscaping, fences or other works on property
                                                         boundaries or road reserves do not create
                                                         impediments for pedestrian or cyclist use of the
                                                         footpath.

                                                         AO17.3
                                                         No more than one heavy vehicle (or combination of
                                                         heavy vehicles) of more than 4.5 tonnes, or with a total
                                                         length in excess of 7.5 metres is parked on the
                                                         property overnight.

                                                         AO17.4
                                                         No flood lighting is used on site and the vertical
                                                         illumination resulting from direct, reflected or other
                                                         incidental external lighting emanating from the site
                                                         does not exceed 8 lux when measured at any point 1.5
                                                         metre outside the boundary and at any level from
                                                         ground level upward.
Sports Courts                                            AO18.1                                                     Not applicable.

Page 20

PO18                                                  A 1.5 metre landscaped buffer separates any private
Lighting and noise associated with outdoor tennis     tennis court, half court or sports court from side
courts, half courts or sports courts do not have an   property boundaries where adjoining land in a
adverse impact upon the amenity enjoyed by            residential zone or in the Rural Residential zone.
occupants of adjoining or nearby premises nor cause
unreasonable disturbance to local fauna.              AO18.2
                                                      Courts are fenced to a height of—
                                                          (a) 3.6 metres for a full sized court; or
                                                          (b) 2.4 metres for a half court.

                                                      AO18.3
                                                      Courts are not lit.

                                                      or

                                                      AO18.4
                                                      For lit courts:
                                                           (a) lighting structures are not more than 8 metres
                                                                in height and set back at least 2 metres from
                                                                any property boundary;
                                                           (b) the court is located at least 60 metres from
                                                                the external wall of an existing or approved
                                                                residential dwelling on an adjacent or nearby
                                                                lot (as measured from the centre line of the
                                                                court);
                                                           (c) the vertical illumination resulting from direct,
                                                                reflected or other incidental lighting
                                                                emanating from the site does not exceed 8
                                                                lux when measured at any point 1.5 metres
                                                                outside the boundary and at any level from
                                                                ground level upward; and
                                                           (d) lighting is hooded or baffled to direct lighting
                                                                downward or is of a type that gives no upward
                                                                component of light when mounted
                                                                horizontally.
Environment, Heritage and Scenic Amenity
PO19                                                  AO19.1                                                      Not applicable.
Development:                                          For landscape amenity reasons, cut or fill is less than
   (a) has minimal impact on the natural landform     1.5 metres in depth relative to the ground level.
       and landscape of the site;
   (b) does not lead to erosion or the transport of   AO19.2
       sediments off site; and

Page 21

    (c) does not lead to the disturbance of natural     Development does not result in sediment or other
        features, buildings or structures of cultural   material including building materials or waste products
        heritage significance.                          being deposited or released into the road reserve,
                                                        stormwater drain or adjacent properties.

                                                        AO19.3
                                                        Development on a site adjoining a local heritage place
                                                        respects the cultural heritage significance of the place
                                                        by mitigating any adverse impacts on the setting or
                                                        integrity of the heritage values.

                                                        Editor’s Note—Local heritage places are identified on
                                                        the Heritage and Character Area Overlay Maps in
                                                        Schedule 2.
PO20                                                    AO20.1                                                       Not applicable.
Development on sloping sites:                           To protect scenic amenity and other landscape
   (a) is visually responsive to the natural            qualities:
       topography and sits within the landscape             (a) buildings and structures are not constructed
       rather than dominating it;                                  on land with a slope greater than 33%; and
   (b) steps down slopes or uses suspended floor            (b) buildings and structures are only constructed
       construction, minimising cut or fill and                    on steep slopes if:
       avoiding benching of the site;                            (i) there are no other suitable building sites on
   (c) retains natural vegetation that assists in                     the property; and
       screening or visually softening development;              (ii) construction utilises suspended floors or
       and uses materials, finishes and colours that                  pole footings rather than slab on ground
       complement the natural setting and integrate                   construction.
       with the landscape and skyline.
                                                        AO20.2
                                                        On sloping sites or on ridgelines at the uppermost
                                                        edge of a hill slope:
                                                            (a) roof lines are generally parallel with contours
                                                                 of the land;
                                                            (b) roofs do not exceed a pitch of 15 degrees;
                                                            (c) buildings do not protrude above the height of
                                                                 prevailing vegetation; and
                                                            (d) undercroft areas exceeding 1.5 metres in
                                                                 height are screened with landscaping or
                                                                 battens.

                                                        Editor's note—refer to Figure AP3-3B

                                                        AO20.3

Page 22

                                                         On sloping sites slab on ground construction is
                                                         avoided to minimise building bulk and benching of the
                                                         site. Split-level buildings with small floorplates are
                                                         used as an alternative. Post and beam construction or
                                                         suspended floor or pole footings may be appropriate.

                                                         Editor's note—refer to Figure 6.9.1A and Figure
                                                         6.9.1B

                                                         AO20.4
                                                         Buildings:
                                                              (a) are constructed in lightweight materials such
                                                                  as timber or board, stainless steel, glass and
                                                                  corrugated iron;
                                                              (b) are finished with exterior colours of moderate
                                                                  to darker shades of olive green, brown,
                                                                  green, blue, charcoal or wood stains that
                                                                  blend with the colour and hues of the
                                                                  surrounding vegetation and landscape;
                                                              (c) avoid large expanses of solid colours or
                                                                  reflective surfaces.
Earthworks and Drainage
PO21                                                     AO21                                                      Not applicable.
Filling and excavation for operational works do not      Filling and excavation for operation works are
directly, indirectly or cumulatively cause adverse       designed and constructed to ensure overland flow
impacts external to the development site by:             and/or flooding is not worsened, impeded, or otherwise
      (a) causing ponding of water on the site or        diverted to adversely affect other properties or
          nearby land;                                   downstream environments.
      (b) increasing flooding, which adversely affects
          the safety or use of any land upstream or
          downstream; or
      (c) adversely affecting the flow of water in any
          overland flow path.

Page 23

                                                                 RECONFIGURING A LOT CODE
PERFORMANCE OUTCOMES                                       ACCEPTABLE OUTCOMES                                  COMMENT
Growth Management
PO1                                                        No acceptable outcome provided.                      Complies.
Urban residential development:
    (a) is confined to land within the Urban                                                                    The proposed development is a Consistent and Code Assessable
        boundaries;                                                                                             use for the Low Density Residential Zone.
    (b) provides a mix of lot sizes and configurations
        to cater for variety in housing choice;
    (c) contributes to efficient use of land and
        infrastructure;
    (d) increases residential densities and reduces
        lot sizes in close proximity to public transport
        and centre zones;
    (e) provides appropriate buffer areas between
        sensitive land uses, ecologically important
        areas and conflicting uses;
    (f) contributes positively to the amenity and
        landscape value of the local area.
PO2                                                        No acceptable outcome provided.                      Not applicable.
Rural residential development is confined to land
within the Rural Residential zone and included within
either the Urban Footprint or Rural Living designations
of the South East Queensland Regional Plan.
PO3                                                        AO3                                                  Not applicable.
Development of land for business and employment            Development of land:
functions occurs within the activity centres and the          (a) at the Noosa Business Centre is to be
industrial zones.                                                 generally in accordance with Figure 7.2.4.5
                                                                  (Noosa Business Centre Framework and
                                                                  Character Plan);
                                                              (b) at the former Bowls site Lot 3 RP884396,
                                                                  Noosa Junction is to be generally in
                                                                  accordance with Figure 7.2.5.4 (Noosa
                                                                  Junction Framework and Character Plan).
PO4                                                        No acceptable outcome provided.                      Not applicable.
With the exception of lots intended to be used by the
Council or State for community infrastructure,

Page 24

conservation purposes or public utilities, including
road widening, no additional lots are created:
    (a) in the Rural zone unless resultant lots have a
         minimum area of 100 hectares;
    (b) in the Environmental Management and
         Conservation zone;
    (c) on Noosa North Shore;
    (d) in the Low density residential zone at
         Cooroibah;
    (e) in the Low density residential zone where
         access is gained via:
        (i) Noosa Banks Drive, Tewantin;
        (ii) Golf Course Drive, Griffith Avenue or
              Carramar Street, Tewantin;
        (iii) Lake Entrance Boulevard, Noosaville;
        (iv) Lake Weyba Drive Noosaville, south of
              Eenie Creek Road; or
        (v) Habitat Place, Noosa Heads;
    (f) within a Water Supply Buffer Area as shown
         on Regional Infrastructure Overlay
Lot Areas and Dimensions
PO5                                                        AO5.1                                                     Complies.
New lots have areas and dimensions that:                   New lots are of a size and shape that can
    (a) are consistent with the purpose and overall        accommodate the land uses intended by the zone.           Both proposed lots comply with the minimum lot size specified in
         outcomes of the applicable zone or zones;                                                                   Table 9.5.1.4 Minimum Lot Size and Dimensions, being 600m2, as
    (b) are consistent with the size and character of      AO5.2                                                     demonstrated by the Plan of Proposed Subdivision prepared by
         surrounding lots;                                 In general, lots have a predominantly regular,            Bennett + Bennett included at Appendix C.
    (c) can accommodate land uses that are                 rectangular shape.
         consistent with the purpose and overall
         outcomes of the applicable zone;                  Editor's note- topographical constraints          or
    (d) allow for siting and construction of buildings,    environmental values may call for irregular property
         structures, access ways and car parking           boundaries.
         while:-
        (i) retaining ecologically important areas         AO5.3
              and ecological linkages;                     In residential zones, lots are generally arranged so
        (ii) minimising risk of soil erosion, landslide,   that:
              flooding and bushfire;                             (a) there are no more than five lots with a
        (iii) minimising earthworks or retaining walls               frontage width of less than 15 metres
              associated with construction on sloping                grouped in a row;
              sites;                                             (b) there are no more than three lots with a
        (iv) retaining the scenic amenity and                        frontage width of 7.5 metres or less in a row
              vegetated character of the landscape;                  unless serviced by a rear lane;

Page 25

        (v) retaining culturally significant features          (c) lots with a frontage width of less than 15
              and protecting views to culturally                   metres are not located opposite other lots
              significant features;                                with a frontage width of less than 15 metres.
        (vi) minimising detrimental impacts of
              effluent disposal or storm water runoff;     AO5.4
              including open space for landscaping;        In activity centres and industry zones, new lots
              ensuring safe vehicular manoeuvring          contribute to a mix of lot sizes that cater for varied
              areas without concentration of driveways     commercial and industrial enterprises, such that:
              in one space; and                                (a) smaller     lots   intended     for   intensive
        (vii) where not in a water or sewerage service               development are clustered near centres;
              area, allow for water storage tanks and          (b) new lots adjacent to sensitive land uses
              suitable effluent disposal.                            include sufficient area for buffering of
    (e) except where otherwise specified in a local                  incompatible land uses; and
         area code, comply with the minimum lot size           (c) lot reconfiguration provides for shared access
         specified in Table 9.5.1.4 Minimum Lot Size                 arrangements wherever possible.
         and Dimensions.
PO6                                                        No acceptable outcome provided.                            Not applicable.
Development provides for irregular shaped lots to be
created only where:
    (a) the creation of regular lots is impractical such
         as at a curve in the road or because of
         topographical constraints;
    (b) safe access and visual exposure to and from
         the site can be provided, while not adversely
         impacting on the functionality of the
         surrounding road network;
    (c) it is desirable to avoid clearing of vegetation
         and the fragmentation of habitat in
         ecologically important areas; and
    (d) the irregular lot is demonstrably suitable for
         its intended purpose.
Lot Layout
Site Responsive Design                                     AO7.1                                                      Complies.
                                                           If located in the Low density residential zone, Medium
PO7                                                        density residential zone, High density residential zone,   Both proposed lots are responsive to the setting of the site,
Development provides for a lot layout and                  Tourist accommodation zone or Community facilities         specifically, the Bushfire Hazard trigger. Refer to the Bushfire
configuration of roads and pathways that is responsive     zone and intended for a residential use, any new lot is    Management Plan prepared by Bushfire Risk Reducers, included
to:-                                                       located outside the modelled flood level of the 1% AEP     at Appendix F.
     (a) the setting of the site within an urban or non-   (1:100 year ARI) water surface levels or where not
         urban context;                                    modelled, above the highest known flood level.
     (b) any natural environmental values present on,
         or adjoining the site;                            AO7.2

Page 26

    (c) any natural hazards affecting the site or         Flood immunity for development areas is not achieved
        adjoining land such that the number of            by filling land below the 1% AEP (1:100 year ARI) flood
        properties or persons at risk is not increased;   level.
    (d) the terrain of the land, minimising the need
        for earthworks;                                   AO7.3
    (e) any places of cultural heritage significance or   All reconfigured lots on land subject to a constraint or
        character areas present on, or adjoining the      valuable feature identified on an overlay map contains
        site; and                                         a building envelope marked on a plan of development
    (f) any important landmarks, views, vistas or         that demonstrates that there is an area sufficient to
        other areas of high scenic quality present on,    accommodate the intended purpose of the lot, that is
        or able to be viewed from, the site.              not subject to the constraint or valuable feature or that
                                                          appropriately responds to the constraint or valuable
Editor’s Note— Development of land affected by            feature.
constraints shown on overlay maps will be subject to
overlay codes.                                            AO7.4
                                                          New lots with a site area less than 4,000m² in area
                                                          have a slope not exceeding:
                                                              (a) 10% side slope (crossfall); or
                                                              (b) 5% lengthwise slope (longitudinal fall).

                                                          AO7.5
                                                          Lot boundaries, services, utilities and roads are
                                                          aligned to avoid traversing ecologically important
                                                          areas and ecological linkages.

                                                          AO7.6
                                                          Development does not result in significant modification
                                                          to natural landform or landscape features including:
                                                               (a) waterways and drainage lines;
                                                               (b) native vegetation or significant character
                                                                   trees;
                                                               (c) understorey vegetation;
                                                               (d) slope;
                                                               (e) rock outcrops; or
                                                               (f) views.

                                                          AO7.7
                                                          Development retains or provides viable ecological
                                                          corridors for wildlife movement.

                                                          AO7.8
                                                          Where no riparian buffer is nominated through the
                                                          Biodiversity, Waterways and Wetlands Overlay Map in

Page 27

                                                          Schedule 2, a vegetated buffer is provided no less than
                                                          10 metres wide, measured from the centreline of any
                                                          stream .

                                                          AO7.9
                                                          Ecologically important areas are formally protected for
                                                          the long term through environmental covenant or
                                                          transferal to public ownership or through gazettal of a
                                                          nature reserve.
Climate Responsive Design                                 AO8.1                                                     Not applicable.
                                                          The lot design maximises the number of lots where the
PO8                                                       longest axis of the lot has a general east-west
The street design and lot orientation facilitates the     orientation.
construction of energy efficient buildings that respond
to the local climate conditions by:                       AO8.2
     (a) maximising solar access to the north;            The street pattern maximises the number of streets
     (b) minimising solar access to the west;             running in a general north-south direction.
     (c) proportioning lots and building envelopes to
          accommodate energy efficient building           AO8.3
          orientation;                                    For development within the Low density residential
     (d) maximising access to any prevailing summer       zone each lot contains a rectangular house site area
          breezes; and                                    where the long axis faces true north or is no more than
     (e) minimising exposure to prevailing winter         20 degrees off true north and has minimum
          winds.                                          dimensions of 10 metres x 15 metres.
Neighbourhood Design                                      AO9.1                                                     Not applicable.
                                                          Lots are arranged to front streets and public open
PO9                                                       space.
Development provides for a lot layout, land use and
infrastructure configuration that:                        AO9.2
     (a) provides for an efficient land use pattern;      Development maximises opportunities for casual
     (b) creates        compact       and      walkable   surveillance and avoids areas of concealment by
          neighbourhoods that are well connected to       ensuring pathways and public open space have
          centres, employment, education facilities,      defined edges and are visually exposed to roadways.
          community services, open space and
          recreation facilities;                          AO9.3
     (c) creates     useable     and     interconnected   Neighbourhoods (including roads, pathways and open
          movement and open space networks;               space) are designed with a high degree of legibility
     (d) effectively connects and integrates the site     with public spaces and corridors easy to find and
          with existing or planned development on         recognise.
          adjoining sites;

Page 28

    (e) provides for moderate and large size
        developments to have multiple access
        points;
    (f) promotes a sense of community identity and
        belonging;
    (g) promotes a variety of streetscapes;
    (h) provides for a high level of amenity, having
        regard to potential noise, dust, odour and
        lighting nuisance sources;
    (i) integrates prominent site features including
        landmarks, native vegetation and views into
        the design;
    (j) discourages crime or antisocial behaviour by
        facilitating casual surveillance of streets,
        paths and public open space;
    (k) avoids the sporadic or out-of- sequence
        creation of lots; and
    (l) protects     and      enhances     ecologically
        important areas and provides for the
        clustering of lots into cleared areas.
Infrastructure                                            No acceptable outcome provided.                        Not applicable.

PO10
Development accommodates and provides for the
efficient and timely delivery of infrastructure
appropriate to the site’s setting and intended use.
PO11                                                      No acceptable outcome provided.                        Not applicable.
Roadway and pathway layout are predominantly
rectilinear with a high degree of permeability.

Editor’s Note— Further detail on traffic and the road
network is addressed in Part 9.4.8 Transport Code.
Infrastructure and Services
PO12                                                      AO12.1                                                 Complies.
New lots are located, sized and configured so as to       All lots are connected to power supply and
ensure each lot is capable of being serviced by           telecommunications services and where located within   Each proposed lot will be serviced by standard urban infrastructure
appropriate levels of infrastructure including:           the Urban boundaries, power supply and                 services.
    (a) power supply;                                     communications     infrastructure  are     provided
    (b) telecommunications; and                           underground.
    (c) where within Local Plan Areas reticulated
         water supply;                                    AO12.2

Page 29

    (d) reticulated sewerage; and                       If located in a water service area each new lot can be
    (e) stormwater drainage.                            connected to Unitywater’s water supply network.

                                                        AO12.3
                                                        If located in a sewerage service area each new lot can
                                                        be connected to Unitywater’s sewerage network.

                                                        AO12.4
                                                        If located in a Local plan area lots can be connected to
                                                        Council’s stormwater drainage network.

                                                        AO12.5
                                                        If not in a sewerage service area each lot has sufficient
                                                        area and other attributes to ensure efficient and
                                                        effective on-site sewerage disposal.
PO13                                                    AO13.1                                                      Complies.
Each lot is provided with safe and convenient vehicle   Vehicular access for the development is consistent
access.                                                 with the function and design of the road it takes access    Each proposed lot is provided with safe and convenient vehicle
                                                        from.                                                       access to Butler Street. Refer to the Engineering Site Servicing
                                                                                                                    Report undertaken by Ferg & Roeds Pty Ltd included at Appendix
                                                        AO13.2                                                      D.
                                                        Development does not require new or changed access
                                                        to a state-controlled road that is a limited access road
                                                        unless in accordance with the limited access policy for
                                                        the state-controlled road.

                                                        AO13.3
                                                        Access easements are in appropriate locations for
                                                        safe access and egress, and supply appropriate
                                                        widths and levels of service for the number of vehicles
                                                        that will utilise them as per the requirements of
                                                        Council’s Planning Scheme Policy PSP6 Engineering
                                                        design standards – Roads, drainage and earthworks.

                                                        Editor's note- Reference should be made to the
                                                        Queensland Government's Development Assessment
                                                        Mapping System to confirm which are state-controlled
                                                        roads or limited access roads.
Movement Network
Traffic                                                 No acceptable outcome provided.                             Complies.

PO14

Page 30

Traffic generated by the development is within the
acceptable capacity of external roads and does not
have an adverse impact upon the functioning of the
road network.

Editor’s Note— Further detail on traffic and the road
network is addressed in Part 9.4.8 Transport Code
Roads and Pathways                                        AO15.1                                                     Not applicable.
PO15                                                      Where involving the construction of a new road, road
                                                          planning and design supports the hierarchy and
Development involving the creation of new roads and       functional aspects identified in Council’s Planning
pathways ensures infrastructure—                          Scheme Policy       PSP6 on Engineering design
    (a) provides convenient, safe and efficient           standards – Roads, drainage and earthworks.
        movement for all modes of transport between
        land use activities;                              Editor’s Note— Further detail on road and pathway
    (b) prioritises pedestrian movement and bicycle       networks is provided in Part 9.4.8 Transport Code
        use over vehicle movements;
    (c) facilitates efficient, safe and accessible bus    AO15.2
        services that connect to existing and future      The street layout is generally rectilinear and does not
        public passenger transport facilities;            rely on culs-de-sac, or where the use of a cul-de-sac
    (d) provides through roads and minimises the          is unavoidable because of the natural features of the
        use of culs-de-sac;                               site, it does not exceed a length of 200 metres.
    (e) minimises the extent of earthworks required
        by being sympathetic to the terrain;              AO15.3
    (f) allows for unimpeded and practical access to      Pathways and pedestrian routes are planned to
        each proposed lot; and                            provide clear, safe connections between residential,
    (g) provides for mature street trees.                 open space, transit stops and retail areas, and are
                                                          located along, or are visible from, streets or other
                                                          public spaces.

                                                          AO15.4
                                                          Sufficient space and soil depth is provided for the
                                                          planting of street trees for shade, amenity and habitat
                                                          purposes.
PO16                                                      AO16                                                       Not applicable.
The subdivision layout is designed to facilitate          If within 1 kilometre of the Pathways Network identified
pedestrian and cyclist linkages with adjoining sites in   in the Local Government Infrastructure Plan located in
the immediate area.                                       Part 4, the subdivision design and layout includes
                                                          pathways:
                                                                (a) located in accordance with the Pathways
                                                                     Network identified in the Local Government
                                                                     Infrastructure Plan;

Page 31

                                                                (b) linking to the Pathways Network identified in
                                                                    the Local Government Infrastructure Plan.
PO17                                                       No acceptable outcome provided.                           Not applicable.
Development on land within activity centres with active
frontages are provided with access from a rear lane or
other access streets to reduce potential conflicts with
pedestrians and cyclists.
Open Space Network
PO18                                                       AO18.1                                                    Not applicable.
Development provides for parks, drainage reserves          Active parkland or open space which links to active
and open space infrastructure that:-                       parkland is provided in accordance with the Council’s
    (a) provides for a range of passive and active         infrastructure network planning;
        recreation settings, offering a range of
        informal and formal experiences to the             OR
        community;
    (b) accommodates adequate facilities to meet           AO18.2
        the needs of the community and is designed         Park contributions are paid in accordance with the
        to maximise use by the community it serves;        applicable infrastructure instrument.
    (c) provides opportunities for all age groups and
        levels of mobility;                                AO18.3
    (d) is well distributed and contributes to the         Land intended for public open space complements
        legibility and character of the specific town,     existing adjacent and surrounding open space areas
        village or locality;                               and physical linkages to these areas are provided.
    (e) creates attractive settings and focal points for
        the community, designed as attractive and          AO18.4
        enjoyable, functional and safe places to meet      Open space is provided adjacent to waterways, with
        and recreate;                                      roads servicing the linear parkland and lots located on
    (f) benefits the amenity of adjoining land uses;       the opposite side of the road to the waterways.
    (g) facilitates the retention and protection of
        ecologically important areas, wetlands,            AO18.5
        waterways, drainage lines and native habitat       A park has direct road frontages of a minimum of 25%
        areas, their associated buffers, ecological        of the total allotment boundary of the park to provide
        linkages and other natural and cultural            physical access and visibility.
        features;
    (h) incorporates appropriate measures for              AO18.6
        stormwater and flood management;                   Public open space has good connectivity for users via
    (i) is cost effective to maintain; and                 pedestrian and cycle paths.
    (j) is dedicated as public land in the early stages
        of the subdivision.                                AO18.7
                                                           Landscaping is designed to create aesthetically
                                                           pleasing open space areas and to suit the type, setting
                                                           and purpose of the particular park.

Page 32

                                                         AO18.8
                                                         Active parkland in all areas other than the Low impact
                                                         industry zone and Medium impact industry zone will
                                                         contain embellishment in accordance with the Local
                                                         Government Infrastructure Plan in Part 4 such as:
                                                              (a) children’s play facilities catering for various
                                                                  ages including a soft fall surface where
                                                                  required and a shade cover over play
                                                                  equipment;
                                                              (b) seating;
                                                              (c) picnic table/s with seats; and
                                                              (d) landscaping.

                                                         Editor’s Note— Further detail on Landscaping is
                                                         addressed in Part 9.4.5 Landscaping Code
PO19                                                     AO19.1                                                       Not applicable.
Land provided for active recreation areas is of a        Active parkland is of a usable shape free of irregular
physical standard and condition suitable for the         boundaries.
intended uses and is not subject to physical or other
constraints including contamination, environmental or    AO19.2
biophysical constraints or legislative protection that   Active parkland is located on land that is exclusive of—
would encumber its use.                                       (a) flood inundation below the 20% AEP (1:5
                                                                  year ARI level);
                                                              (b) land affected by stormwater or overland flow
                                                                  discharge from adjacent allotments;
                                                              (c) drainage reserves and detention basins,
                                                                  which cannot be shown to safely and
                                                                  effectively contribute to the network of parks
                                                                  and open space areas;
                                                              (d) land with a slope, or subject to cut or fill with
                                                                  a batter slope, that exceeds a slope of 15%;
                                                              (e) areas of land less than 15 metres wide, such
                                                                  as access and service and utility easements;
                                                              (f) land required to serve primarily as a buffer
                                                                  area to any existing development or major
                                                                  transport corridor; and
                                                              (g) power easements.

                                                         AO19.3
                                                         At least 10% of the total open space provision for
                                                         active parkland is exclusive of flood inundation below

Page 33

                                                         the 1% AEP (1:100 year ARI level or the highest
                                                         recorded flood level), whichever is the greatest.
Small Residential Lots
PO20                                                     AO20                                                       Not applicable.
Residential lots less than 600m2:                        Within the Low Density Residential zone, new lots of
    (a) occur only where they are consistent with the    less than 600m²:
        size of established adjacent lots;                    (a) are no smaller than the size of established
    (b) are not less than 500m2 in area;                          adjacent lots;
    (c) are free of physical constraints or                   (b) are free of easements;
        encumbrances that would restrict the siting of        (c) are regular in shape with a width to depth
        a house;                                                  ratio of approximately 1:2;
    (d) have area and dimensions that can                     (d) do not have a slope greater than 10%;
        accommodate an appropriate house site                 (e) can accommodate a house and sufficient car
        area without siting variations;                           parking without encroaching into boundary
    (e) are distributed across a development to                   clearances or prescribed building setbacks;
        create diversity in lots; and                         (f) allow for landscape and tree planting in deep
    (f) do not result in excessive driveways at                   soil zones to soften built form elements;
        intersections or corners.                             (g) are not created by further dividing an existing
                                                                  rear (battle-axe) lot; and
                                                              (h) are not located at the end of a T-intersection
                                                                  or at a bend in the road.
Rear Lots
PO21                                                     AO21.1                                                     Complies.
Rear (battle-axe) lots are created only where:-:         The minimum area of the rear lot, exclusive of any
   (a) it would not be desirable nor practicable for     access strip, complies with the lot reconfiguration        Proposed Lot 2, being designed to a rear (hatchet) configuration,
        the site to be reconfigured so that all lots     outcomes in Table 9.5.1.4 Minimum lot size and             complies with Table 9.5.1.4 Minimum Lot Size and Dimensions,
        have full frontage to a road;                    dimensions providing that no rear access lot has a lot     ensuring the minimum area (600m2) exclusive of the area of the
   (b) located in the Low density residential zone,      size less than 600m2 exclusive of access strip.            access handle is achieved.
        Rural residential zone or Rural zone;
   (c) development positively contributes to the         AO21.2                                                     It is acknowledged that the proposed access handle does not
        character of the neighbourhood;                  No more than 10% of lots within a subdivision are rear     satisfy compliance with Acceptable Outcome AO21.11, as the
   (d) development provides a high standard of           lots or lots accessed via an access strip.                 width of the access handle is 4.2m, falling short of complying with
        amenity for residents and other users of the                                                                the minimum width (4.5m) by .3m (refer to the Plan of Proposed
        rear lot and adjoining properties;               AO21.3                                                     Subdivision included at Appendix C). It is noted that during our
   (e) the lot is large enough to accommodate            No more than two rear lots are located at the end of a     formal pre-lodgement meeting held with Noosa Council on the 25
        anticipated land uses including car parking      cul-de-sac.                                                November 2020, Council expressed support for the proposed
        and manoeuvring;                                                                                            access arrangement provided the access driveway is constructed
   (f) development is not detrimental to the use         AO21.4                                                     to a standard 3m seal and landscaping is able to be planted along
        and amenity of adjoining lots through loss of    No rear lot shares a common boundary with more than        each side of the access handle; the proposed development will
        privacy, sunlight or breezes once buildings      four other lots.                                           conform in this regard.
        are constructed;

Page 34

    (g) vehicular access to rear lots will not have a        AO21.5
        detrimental impact on lots adjoining the             No more than two rear lots or rear lot access strips
        access strip due to excessive noise, light,          directly adjoin each other.
        dust, stormwater runoff and the like;
    (h) access arrangements do not adversely affect          AO21.6
        the safety and efficiency of the road from           No existing lot with a primary street frontage of less
        which access is gained;                              than 12 metres is further divided unless safe access to
    (i) their creation does not prejudice the                the new lot is provided to a secondary street to which
        anticipated development of adjoining land.           a frontage of at least 12 metres is provided.

                                                             AO21.7
                                                             Where two rear lots adjoin each other, a single
                                                             common driveway and reciprocal access easements
                                                             are provided.

                                                             AO21.8
                                                             No more than three lots gain access from the same
                                                             access strip.

                                                             AO21.9
                                                             Any lot with a road frontage has no more than one rear
                                                             lot created to its rear and has a rear lot access strips
                                                             located on no more than one side.

                                                             AO21.10
                                                             The gradient of the access strip does not exceed 10%.

                                                             AO21.11
                                                             Access strips have a minimum width of 4.5 metres.
Rural Lots Severed by a Road
PO22                                                         No acceptable outcome provided.                            Not applicable.
In the Rural Zone, one lot may be divided into two lots
less than 100 hectares in area where there is a
compliance with the South East Queensland Regional
Plan and each resultant lot is relatively free of physical
constraints such that it can accommodate a dwelling
house, effluent disposal, vehicular access and other
improvements and land uses that are consistent with
the purpose of the Rural Zone.
Volumetric Subdivisions
PO23                                                         No acceptable outcome provided.                            Not applicable.

Page 35

Development provides that the subdivision of space
above or below the surface of land facilitates efficient
development in a manner that is consistent with the
overall outcomes for the zone and Local plan area in
which the site is located.
Stormwater Management
PO24                                                       No acceptable outcome provided.                           Complies.
Development provides for the effective drainage of
lots and roads in a manner that:-                                                                                    Refer to the Engineering Site Servicing Report included at
     (a) maintains the natural flow regime;                                                                          Appendix D.
     (b) effectively manages stormwater quality and
          quantity; and
     (c) ensures no adverse impacts on receiving
          waters and surrounding land.

Editor’s Note— Requirements for the design and
construction     of    stormwater    management
infrastructure are addressed in Part 9.4.9 Water
Quality and Drainage code.
Conflicting Land Uses
PO25                                                       No acceptable outcome provided.                           Not applicable.
New lots for residential development do not adjoin
land located in the Medium impact industry zone or the
Low impact industry zone.
Rearrangement of Lot Boundaries
PO26                                                       AO26                                                      Not applicable.
Development provides that the rearrangement of lot         The rearrangement of lot boundaries results is an
boundaries is an improvement on the existing               improvement to the existing situation whereby the size
situation.                                                 and dimensions of proposed lots comply more fully
                                                           with Table 9.5.1.4 Minimum lot size and dimensions.
                                                           and at least one of the following is achieved:
                                                               (a) the rearrangement of lots remedies an
                                                                    existing boundary encroachment by a
                                                                    building or structure;
                                                               (b) the rearranged lots will be made more regular
                                                                    in shape;
                                                               (c) access is provided to a lot that previously had
                                                                    no access or an unsuitable access;
                                                               (d) the rearranged lots better meet the overall
                                                                    outcomes for the zone and the local plan area
                                                                    in which the site is situated;

Page 36

                                                              (e) the rearrangement of lots provides for a
                                                                  significant improvement in rural productivity;
                                                                  or
                                                              (f) the rearrangement of lots results in a
                                                                  significant improvement in the protection of
                                                                  environmental values.
If Involving a Standard Format Lot with Common Property such as requiring a Community Management Scheme under the Body Corporate and Community Management
Act 1997
PO27                                                      No acceptable outcome provided.                          Not applicable.
Community title subdivision only occurs once
construction of approved buildings on site is
completed.

Editor’s Note—As a building is to be constructed prior
to sealing of subdivision plans, assessment of the
development is to be undertaken as part of the
development application for a material change of use
if that development is assessable under the planning
scheme. Reconfiguring a lot can be assessed
simultaneously or subsequently against the relevant
parts of this code.
PO28                                                      No acceptable outcome provided.                          Not applicable.
Development provides internal access ways and
driveways which:
     (a) are designed to clearly indicate the function
         of the access way; and
     (b) provide acceptable levels of access,
         functionality,     safety,   amenity      and
         convenience for users, as well as catering for
         car parking facilities.
PO29                                                      No acceptable outcome provided.                          Not applicable.
Community title subdivision for residential purposes
only occurs—
     (a) where lots are located close to services and
         facilities;
     (b) in the Low density residential zone, Medium
         density residential zone, High density
         residential zone, Tourist accommodation
         zone or Centre zone;
     (c) where they are consistent with the character
         of the locality they are located in;

Page 37

    (d) if appropriate house site areas and car
        parking needs can be accommodated;
    (e) where they are supplied with adequate
        infrastructure to meet the needs of users;
    (f) where they minimise adverse effects on the
        environment;
    (g) if they are of suitable shape and slope to
        minimise constraints to development; and
    (h) if they are sufficient areas to provide
        reasonable amenity for users.
PO30                                                    No acceptable outcome provided.   Not applicable.
Community title subdivisions intended for business
uses:
    (a) only occur in a centre zone or industry zone;
        and
    (b) provide adequate areas on site for vehicular
        parking, private and communal open space,
        landscaping and site facilities to meet the
        needs of users.

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