Attachment 3 - P and E Law Advice

                                                                                         16 November 2020


    d) acceptable impacts on watercourses, drainage lines, wetlands and other environmentally
    sensitive areas;

    g) lots that avoid significant adverse effects on the natural environment and landscape and
    minimise the risk of hazards for people and property;

    l) residential development which is consistent with the developed character of its particular
    neighbourhood.

Noosaville Locality Plan:

    1. overall outcome (nn) (ii) and (iii), which seek to achieve a high level of residential amenity and
       consistency with the character of the particular neighbourhood;
    2. specific outcome O4, which seeks to protect the identity of the various residential
       neighbourhoods within Noosaville;
    3. specific outcome O7, which requires the density of development within the site area to be
       compatible with the surrounding development whilst having a low site impact to enhance the
       opportunity to maintain natural site characteristics, including native vegetation and natural
       land forms.

The proposed lots are of an orthodox size and shape for residential lots and contain sufficient area for
the construction of a house.

Provision has been made for flooding and bushfire considerations.

The proposed subdivision layout on the eastern side of Sail Street, matches the existing pattern of
development to the south and along Lake Weyba Drive.

The existing development on the west of Sail Street, to the south of the proposed development, has
an unusual subdivision layout. The lots are long and narrow. Consequently, buildings have been
constructed on and across lot boundaries. There is also little protection for the environmental values
of that area and little, if anything, in the way of bushfire protection, flood management and water
quality treatment.

By comparison, the proposed lots to the west of Sail Street have substantially wider frontages than
the existing lots to the south. They are shorter than the corresponding lots so that the land zoned
Open Space Conservation is not fragmented and can be managed by a single owner. Specific provision
has been made for bushfire protection through the use of Asset Protection Zones on the relevant lots.

In our opinion, the proposed development achieves the overall outcomes and purpose of the relevant
codes with respect to:

    1. providing lots of a size and shape which are suited to their purpose;
    2. addressing the constraints of the land from flood, bushfire and environmental values; and
    3. reflecting the character of the area.

Even assuming the Assessment Manager’s request to change the development was valid (which it is
not), we see no need to recommend such a change, given the circumstances and planning
considerations addressed above.



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