Attachment 3 - P and E Law Advice

Our Ref:        AW:HS:20317

16 November 2020

Jen Mullaney
Covey Associates Pty Ltd

By Email: [email protected]


Dear Jen

111 LAKE WEYBA DRIVE, NOOSAVILLE - ADVICE - ROL APPLICATION

We refer to your request for advice about the subject application.

In particular, you have sought advice about Council’s request for further information in respect of the
proposed lot size and layout.

The relevant extract from the information request, follows.
        Issue – Lot size and layout
        Reconfiguring a Lot Code
        Specific Outcome O1
        The planning scheme seeks a lot size of 1,000m².
        An APZ for bushfire is proposed to the rear of lots 9-12. Buildings and structures are not permitted in
        the APZ and therefore the developable area of these lot sizes are significantly reduced.
        While the planning report commentary suggests the lots are consistent with those in the surrounding
        area, the existing surrounding lots do not have APZ’s, are not subject to SWMP, nor have been, or
        required to be assessed against current laws and policies which are required to be used for assessment
        of this subdivision.
        It is considered the proposed lot sizes do not properly consider bushfire, flooding, the natural
        environmental values of the site, nor minimise earthworks.
        It is considered the proposal does not comply with Specific Outcome O1 of the Reconfiguring a Lot
        Code.
        Specific Outcome O5 requires house site areas have a separation distance of 50m from a National Park.
        Lots 4,5, and 12 do not provide this separation.

        Information Required
        1. Provide 50m separation between Noosa National Park and the proposed house site areas.
        2. Provide amended plans indicating 1000m² lots, without increasing the current proposed footprint.