Attachment 3 - P and E Law Advice

                                                                                    16 November 2020


The following considerations arise from the description of the issue:

    1.   1000 m² minimum lot size;
    2.   consideration of bushfire, flooding and ecological constraints;
    3.   existing character; and
    4.   50 m setback to the national park for lots 4, 5 and 12.

The two points listed as “information required” are not actually requests for information. They are
requests for changes to the development application. That goes beyond the assessment manager’s
power and need not be responded to by changing the development.

APPLICATION

The subject application is for a development permit for reconfiguring a lot.

The application was made under the Noosa Plan 2006 (the Planning Scheme).

The application is code assessable in accordance with section 2.6.4 of the Planning Scheme and the
requirements of the Planning Act 2016.

The following codes apply:

    1.   Noosaville locality code;
    2.   Reconfiguring a lot code;
    3.   Landscaping code;
    4.   Engineering Works Codes; and
    5.   any applicable overlay codes.

The land is within:

    1. the Urban Footprint;
    2. the Urban Growth Management Boundary;
    3. the Priority Infrastructure Area;
    4. the Noosaville locality, Detached Housing Zone (applies to the area proposed to be
       subdivided); and
    5. the Noosaville locality, Open Space Conservation Zone (applies to the area proposed to be
       retained in Lot 12).

RECONFIGURING A LOT CODE – SPECIFIC OUTCOME O1

Under the subheading “Specific Outcome O1”, the assessment manager says that “the planning
scheme seeks a lot size of 1000 m²”.

A minimum lot size of 1000 m² is called up by Probable Solution 1.1 and Specific Outcome O1(a).

The Planning Scheme says the following about Probable Solutions:




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