Council archive · source document
Planning Report No. 100418 · RAL22/0006
PLANNING REPORT
NO. 100418
Application for a Development Permit for a Reconfiguration of a Lot by Rural
Subdivision via Vinculum (1 Lot into 2 Lots) involving land described as Lot 134 on
MCH181, situated at 74 Pender Creek Road, Kin Kin QLD 4571
Prepared on behalf of Bob Clem
March 2022
Murray & Associates (Qld) Pty Ltd ACN 075 543 154 ABN 81 075 543 154 www.mursurv.com [email protected]
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Contents
Contact Details .....................................................................1
1.0 Summary ......................................................................2
2.0 Introduction .................................................................3
3.0 Characteristics of the Site and Surrounding Area .........4
3.1 Overview ............................................................................... 4
3.1.1 Location of Subject Site ................................................. 4
3.1.2 Zoning Designation ....................................................... 5
3.1.3 Surrounding Land Uses ................................................. 5
3.1.4 Current Registered Landowner ....................................... 6
3.1.5 Existing On-Site Improvements ...................................... 6
3.1.6 Dimensions, Easements, Shape and Topography .............. 6
3.1.7 Access and Services ...................................................... 6
4.0 Proposed Subdivision ...................................................7
4.1 Development Details ............................................................... 7
4.1.1 Proposed Lot Areas and Road Frontages .......................... 7
4.1.2 Access and Services ...................................................... 8
4.1.3 Stormwater Management .............................................. 8
4.1.4 Waste Management ...................................................... 8
5.0 Local Planning Matters .................................................9
5.1 Level of Assessment ............................................................... 9
5.2 Overall Outcomes for the Rural Zone ........................................ 9
5.3 Relevant Codes .................................................................... 11
5.4 Overlay Codes ...................................................................... 11
5.4.1 Agricultural Land Overlay ............................................ 13
5.4.2 Biodiversity, Waterways and Wetlands Overlay............... 14
5.4.3 Bushfire Hazard Overlay .............................................. 15
5.4.4 Landslide Hazard Overlay ............................................ 16
6.0 State Planning ............................................................ 17
6.1 Referral Agencies.................................................................. 17
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6.2 State Planning Policy ............................................................. 17
7.0 Conclusions and Recommendations ............................ 18
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Figures
Figure 1 – Locality Map
Figure 2 – Zoning Map
Appendices
Appendix A – Current Title Search
Appendix B - Survey Plan & SmartMap
Appendix C – Plan of Development, Plan No. 100418
Appendix D – Code Assessment
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Contact Details
Murray & Associates (Qld) Pty Ltd Contact: Blake Bell
Planning & Surveying Consultants Address: PO Box 246
Nambour, Qld 4560
Phone: (07) 5441 2188
Email: [email protected]
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1.0 Summary
SITE DETAILS
Address 74 Pender Creek Road, Kin Kin Qld 4571
Real Property Lot 134 on MCH181
Description
Subject Land Area 479,300m2 (47.93ha)
Local Authority Noosa Shire Council
Robert Leslie Clem & Narelle June Clem and
Current Registered
Pocknee & Clem Optometrists Pty Ltd A.C.N. 081
Landowners
041 296
PLANNING SCHEME DESIGNATIONS
Local Government Noosa Shire Council
Planning Scheme Noosa Plan 2020
Zoning Map Zone Map ZM-1 (Noosa Shire Part 1)
Zone Rural Zone
APPLICATION DETAILS
Applicant Bob Clem
Reconfiguration of a Lot by Rural Subdivision via
Proposal
Vinculum (1 Lot into 2 Lots)
Application Type Development Permit
Level of Assessment Code Assessment
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2.0 Introduction
Murray & Associates (Qld) Pty Ltd have been commissioned to prepare this Planning
Report on behalf of Bob Clem in support of an Application for a Development Permit
for Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots)
involving land described as Lot 134 on MCH181, situated at 74 Pender Creek Road,
Kin Kin.
The Current Registered Landowners of the subject site, being Robert Leslie Clem &
Narelle June Clem and Pocknee & Clem Optometrists Pty Ltd A.C.N. 081 041 296
(refer to Appendix A for a copy of the Current Title Search) have provided written
consent to the proposed development by signing the Individual and Company
Owner’s Consent Forms which are attached to DA Form 1 – Development Application
Details.
The subject site comprises a total area of 47.93ha (479,300m2) and is included
within the Rural Zone in accordance with Zoning Map ZM1 of the Noosa Plan 2020.
The proposed development is ‘Code Assessable’, as determined in accordance with
Part 5 - Tables of Assessment, Section 5.6, Categories of Development and
Assessment – Reconfiguring a Lot, Table 5.6.1, Reconfiguring a Lot of the Noosa Plan
2020.
The purpose of this Town Planning Report is to provide a detailed overview of the
proposed development in relation to the characteristics of the subject site, the local
area and the applicable local and state government planning regulations. In this
regard, an assessment has been undertaken in relation to the applicable
development and overlay codes of the Noosa Plan 2020 and should be read in
conjunction with the supporting information included within the Figures and
Appendices of this report, as well as attached DA Form 1.
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3.0 Characteristics of the Site and Surrounding Area
3.1 Overview
3.1.1 Location of Subject Site
The subject site is located at 74 Pender Creek Road, Kin Kin and is legally described
as Lot 134 on MCH181. The subject site is located approximately 1.3 km from the Kin
Kin Village to the east and 26km from Noosa Heads to the southeast. Figure 1 below
provides a locality map, which identifies the location of the subject site in relation to
the surrounding area.
Subject Site
Figure 1: Locality Map
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3.1.2 Zoning Designation
The subject site is located within the Rural Zone, in accordance with Zoning Plan Map
No. 1 of the Noosa Plan 2020. An extract copy of Zoning Plan Map No. 1 is provided
below at Figure 2 of this report and identifies the site in relation to the surrounding
area.
Figure 2: Zoning Map
3.1.3 Surrounding Land Uses
Adjoining allotments to the north, east and south are likewise included within the
Rural Zone, with the adjoining lot to the west included in the Environmental
Management and Conservation Zone. Land further to the east in the Kin Kin Village
comprises Low Density Residential, Community Facilities, Environmental
Management and Conservation, Recreation and Open Space and Local Centre Zoning.
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3.1.4 Current Registered Landowner
The Current Registered Landowners of the subject site are Robert Leslie Clem &
Narelle June Clem and Pocknee & Clem Optometrists Pty Ltd A.C.N. 081 041 296 as
confirmed the Current Title Search, included at Appendix A of this report.
3.1.5 Existing On-Site Improvements
The subject site is defined as a ‘vinculum lot’ as the property is dissected by Pender
Creek Road. The Lot on the western side of Pender Creek Road comprises an existing
dwelling and shed structures and is utilised for cattle grazing. The lot on the eastern
side of Pender Creek Road comprises a mixture of vegetated areas and an
unconstrained open grassed area over the northern portion of the site.
3.1.6 Dimensions, Easements, Shape and Topography
The subject site is irregular in shape and comprises an area of 47.93ha of varying
topography. For complete site dimensions, please refer to the Survey Plan and
SmartMap included within Appendix B of this report. In addition, it is noted that the
subject site is not encumbered by any easements in favour of a third party.
3.1.7 Access and Services
The western portion of the subject site comprises road frontage to Pender Creek Road
on the eastern boundary and is accessed via an existing driveway crossover on this
frontage. The eastern portion of the site comprises road frontage to Pender Creek
Road along the western and northern boundaries and Strattons Road along the eastern
boundary. This portion of the site does not comprise a formal crossover but is
currently access via a dirt driveway from the Pender Creek Road frontage along the
northern boundary.
The rural location of the site ensures that it is provided access to the following level of
rural infrastructure services available to the Pomona area:
➢ On-site effluent disposal;
➢ On-site supply of water;
➢ A reticulated supply of electricity; and
➢ A reticulated supply of telecommunications.
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4.0 Proposed Subdivision
4.1 Development Details
The proposed development seeks approval for a Reconfiguration of a Lot by Rural
Subdivision via Vinculum (1 Lot into 2 Lots) involving land described as Lot 134 on
MCH181, situated at 74 Pender Creek Road, Kin Kin. The proposed subdivision seeks
to subdivide the vinculum lot into two (2) using Pender Creek Road as the dividing
boundary. The proposed development represents a logical vinculum subdivision
which is representative of the surrounding rural character.
Vegetation covenant areas have been proposed over the mapped riparian protection
areas in west of Proposed Lot 1 and the southwest of Proposed Lot 2 (over areas of
connectivity with ecological areas on adjoining lots) as per Pre-Lodgement
discussions with Council. The applicant – being an experienced pasture agronomist –
has addressed the items of Council’s PLM notes and provided background on the
grazing practices and weed management undertaken onsite in support of the
proposed covenant locations. Please find these comments attached at Appendix E.
The proposed subdivision layout is clearly depicted on Plan of Development, Plan No.
100418 prepared by Murray and Associates (Qld) Pty Ltd and attached in Appendix
C of this Report.
4.1.1 Proposed Lot Areas and Road Frontages
The subject site incorporates an area of 47.93ha to be subdivided, and following
approval of the proposed subdivision, the following areas will apply for each newly
created lot (refer to the Plan of Development, Plan No. 100418 prepared by Murray &
Associates (Qld) Pty Ltd and attached at Appendix C in conjunction with the table
below):
Proposed Lot Number Area
Lot 1 8.364ha
Lot 2 47.842ha
Table 9.5.1.4 – Minimum Lot Size stipulates that the minimum lot size for newly
created lots is 100ha in the Rural Zone. Whilst it is acknowledged that the Proposed
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Lots do not achieve this area, due to the nature of the existing site layout, with
Pender Creek Road traversing the site and separating the eastern portion from the
balance allotment, the proposed subdivision is considered suitable in this instance as
it does not result in fragmentation of rural land (given it is already fragmented by the
road formation). With specific reference to Proposed Lot 1, the unconstrained open
area over the northern portion of the site presents numerous opportunities to
establish a dwelling house, effluent disposal area and vehicular access. As such, the
proposed development is representative of a logical vinculum subdivision that
remains consistent with the character & amenity of the Rural Zone.
4.1.2 Access and Services
Proposed Lot 2 will continue to utilise the existing access point from Pender Creek
Road along the eastern boundary. There is an existing access gate at the northern
corner of Proposed Lot 1 (on the corner of Pender Creek Road and Strattons Road),
where a vehicle crossover will be established to facilitate access. This is a logical
position for access to Proposed Lot 2 with good sight visibility in either direction
along Pender Creek Road.
Proposed Lot 2 will continue to utilise the existing services on the site. The existing
reticulated supply of electricity and telecommunication are able to be extended to
service Proposed Lot 1. Furthermore, there is sufficient room on Proposed Lot 1 for
the establishment of an on-site water supply and an effluent disposal area.
4.1.3 Stormwater Management
Stormwater will continue to be discharged over the expansive site. As such, a lawful
point of discharge is achieved for the proposed allotments and non-worsening is
achieved for surrounding allotments.
4.1.4 Waste Management
Adequate room is present on the Pender Creek Road frontage for residents to wheel
their bins to the kerbside for on-street collection. On-street waste collection is also
the method servicing surrounding properties.
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5.0 Local Planning Matters
5.1 Level of Assessment
As stated under Section 1.0 and Section 2.0 of this report, the proposed development
requires ‘Code Assessment’, as determined in accordance with Part 5 - Tables of
Assessment, Section 5.6, Categories of Development and Assessment –
Reconfiguring a Lot, Table 5.6.1, Reconfiguring a Lot of the Noosa Plan 2020.
As such, an overview and assessment of the applicable development codes has been
undertaken as part of this report, and is detailed within Section 5.2 and Section 5.4
below as well as within Appendix D.
As the proposed development is a consistent, code assessable development outcome,
an assessment against the Strategic Framework is not deemed necessary.
5.2 Overall Outcomes for the Rural Zone
The intent of the Rural Zone Code is described and commented on below, as detailed
in accordance with Section 6.8.3.2 – Rural Zone Code of the Noosa Plan 2020.
1. The purpose of the Rural zone is to:
1. provide for rural uses and activities; and
2. provide for other uses and activities that are compatible with:
1. existing and future rural uses and activities; and
2. the character and environmental features of the zone; and
3. maintain the capacity of land for rural uses and activities by protecting and
managing significant natural resources and processes.
2. The overall outcomes sought for the Rural zone are as follows:-
1. The establishment of a wide range of rural activities is facilitated, including animal
husbandry, aquaculture, cropping, horticulture, roadside stalls, rural industries,
forest practices, wholesale nurseries and other primary production and compatible
uses.
2. The viability of existing and future rural activities is protected from the intrusion of
incompatible uses.
3. Areas for primary production are conserved and lot fragmentation is avoided.
4. Existing extractive industries and key resource areas are protected from the intrusion
of incompatible uses.
5. Rural activities embrace sustainable land management practices and contribute to
the amenity and landscape of the area. Livestock enterprises are predominantly
pasture fed, free range operations.
6. More intensive rural activities including animal keeping, intensive
horticulture and extractive industry may be established in the zone provided that
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adverse environmental and amenity impacts including the generation of noise,
dust or odour are avoided with sensitive land uses buffered from impacts.
7. Lot reconfigurations are typically limited to instances of protecting
remnant vegetation or riparian corridors or improving the delivery or function of
regional infrastructure.
8. The establishment of outdoor recreation and small-scale tourism facilities in suitable
locations is facilitated in a manner that does not significantly compromise the rural
productivity or ecological values of the land.
9. Visitor accommodation complements rural uses and promotes the sustainable use of
rural land.
10. Houses or outbuildings may be available for short term guests where there is no
resultant changes to the rural amenity or rural production of the area.
11. Nature based tourism adopts exemplary standards of ecologically sustainable
design and facilitates appreciation of the natural environment.
12. Rural activities provide for appropriate value adding to produce on site where
adverse environmental and amenity impacts are avoided.
13. Home-based businesses which add to the economic sustainability of the hinterland
are established where the nature, scale and intensity of the activity is compatible
with the character and amenity of the surrounding locality.
14. Development is reflective of, and sensitively responds to, the environmental
constraints of the land.
15. Natural features such as creeks, gullies, waterways, wetlands and vegetated
hillslopes and ridgelines are retained, managed and enhanced where possible.
16. Development maintains and enhances the significant scenic and landscape values
of the area. The built form of development integrates with and complements the
rural character intended for the zone and sensitively responds to the landscape.
17. Development does not reduce the vegetated open space and rural landscapes that
frame distinct towns and villages.
18. Development protects and provides for recreational trails.
19. Development does not adversely impact on the continued operation, viability and
maintenance of existing infrastructure or compromise the future provision of
planned infrastructure.
Comment:
As outlined in Section 4.1.1 of this report, it is acknowledged that the Proposed Lots
do not achieve the minimum lot area for newly created lots in the Rural Zone. PO22
of the Reconfiguring a Lot Code stipulates: “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.”
The proposed development complies with the South East Queensland Regional Plan
as the subdivision:
a) Divides 1 lot into 2 lots;
b) The divided lot is severed by a road that was gazetted before 2 March 2006;
and
c) The road forms the whole of the boundary between the lots.
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With specific reference to proposed Lot 2, the unconstrained open area over the
northern portion of the site presents numerous opportunities to establish a dwelling
house, effluent disposal area and vehicular access. As such, the proposed
development is representative of a logical subdivision that remains consistent with
the character & amenity of the Rural Zone.
5.3 Relevant Codes
The following codes are applicable to the proposed subdivision:
➢ Rural Zone Code;
➢ Reconfiguring a Lot Code;
➢ Driveways and Parking Code; and
➢ Waste Management Code.
We wish to note that an assessment of the Waste Management Code is not
considered applicable at this stage of the development, on the following grounds:
Adequate room is present on the Pender Creek Road frontage for residents to wheel
their bins to the kerbside for on-street collection. On-street waste collection is also
the method servicing surrounding properties. As such, an assessment of the Waste
Management Code is not considered necessary.
Other works codes listed in the Noosa Plan 2020 are not applicable at this stage and
will be addressed in the event of OPW assessment.
A comprehensive assessment of the proposed development against the provisions of
the Reconfiguring a Lot Code and Driveways and Parking Code has been prepared by
Murray and Associates (Qld) Pty Ltd and is attached within Appendix D of this
report.
5.4 Overlay Codes
As identified by the overlay maps of the Noosa Plan, the following overlays are
applicable to the subject site:
• Agricultural Land Overlay – Agricultural Land Conservation Area;
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• Biodiversity, Waterways and Wetlands Overlay – MSES Environmental Values,
Area of Biodiversity Significance, Waterways, MSES Regulated Vegetation –
intersecting a watercourse and Riparian Buffer Area;
• Bushfire Overlay – Medium Potential Bushfire Intensity, High Potential Bushfire
Intensity and Potential Impact Buffer;
• Landslide Hazard Area Overlay – Medium Hazard Area and High Hazard Area.
A comment and figure detailing the extent of each applicable overlay has been
provided within Sections 5.5.1 to 5.5.5 below.
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5.4.1 Agricultural Land Overlay
Figure 3: Agricultural Land Overlay Map
It is acknowledged that the subject site is included within the Agricultural Land
Conservation Area in accordance with the Agricultural Land Overlay of the Noosa Plan
2020. There is no further built form proposed on Proposed Lot 2 as part of this
proposal, with the existing dwelling house and associated structures to be retained in
this lot. Due to the small size of the land to the east of Pender Creek Road and the
environmental constraints, this area of land does not possess agricultural viability. As
such, the subdivision does not result in fragmentation of viable agricultural land nor a
decrease in potential rural productivity.
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5.4.2 Biodiversity, Waterways and Wetlands Overlay
Figure 4: Biodiversity Overlay Map
Figure 5: Riparian Buffer Overlay Map
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It is acknowledged that the subject site includes land within the MSES Environmental
Values, Area of Biodiversity Significance, Waterways, MSES Regulated Vegetation –
intersecting a watercourse areas and Riparian Buffer Area in accordance with the
Biodiversity, Waterways and Wetlands Overlay of the Noosa Plan 2020. The future
built form on Proposed Lot 1 is able to be sited entirely outside of these mapped
areas. Additionally, as demonstrated by the Plan of Development, Plan No. 100418
(Appendix C), vegetation covenant areas have been proposed over the mapped
riparian protection areas in west of Proposed Lot 1 and the southwest of Proposed
Lot 2 (over areas of connectivity) as per Pre-Lodgement discussions with Council.
The applicant – being an experienced pasture agronomist – has addressed the items
of Council’s PLM notes and provided background on the grazing practices and weed
management undertaken onsite in support of the proposed covenant locations.
Please find these comments attached at Appendix E.
5.4.3 Bushfire Hazard Overlay
Figure 6: Bushfire Hazard Overlay Map
It is acknowledged that the subject site comprises areas of Medium & High Potential
Bushfire Intensity and Potential Impact Buffer in accordance with Noosa Council’s
Bushfire Overlay Map. The future built form on Proposed Lot 1 is able to be sited
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entirely outside of the Medium & High Potential Bushfire Intensity areas. Whilst it is
acknowledged that the built form will be established within the Potential Impact
Buffer, it will be designed in accordance with the relevant specifications outlined in
the Queensland Development Code and appropriate on-site fire fighting measures
will be implemented.
5.4.4 Landslide Hazard Overlay
Figure 8: Landslide Hazard Overlay Map
It is acknowledged that the subject site contains Moderate & High Hazard Areas in
accordance with the Landslide Hazard Overlay of the Noosa Plan 2020. The future
built form on Proposed Lot 1 is able to be sited entirely outside of the constrained
area. As such, the mapped landslide is considered to not adversely impact the
proposed development.
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6.0 State Planning
6.1 Referral Agencies
The Planning Act 2016 and the Planning Regulation 2017 provide the legislative
framework within Queensland for authorities (Local and State Government) to assess
development applications. Matters that require assessment may be delegated to the
Department of State Development, Manufacturing, Infrastructure and Planning
(DSDMIP) for assessment by the State Assessment and Referral Agency (SARA).
Following a review of the SARA DA Online Mapping System and the Planning
Regulation 2017, this application does not require referral to DSDMIP for assessment.
6.2 State Planning Policy
The State Planning Policy (SPP) outlines the Queensland Government’s policies
regarding matters of state interest in land use planning and development. The SPP
only applies to development assessment if the planning scheme has not yet
appropriately integrated the SPP. If a discrepancy arises between a local planning
scheme and a state planning policy, the state planning policy overrides the planning
scheme. As outlined within Part 2 of the Noosa Plan 2020, the SPP has been
incorporated into the planning scheme. In light of the above, an assessment of the
proposed development against the SPP is not required.
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7.0 Conclusions and Recommendations
This application provides justification for approval for a Development Permit for a
Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots)
involving land described as Lot 134 on MCH181, situated at 74 Pender Creek Road,
Kin Kin on the following grounds:
• The proposed development represents a practical vinculum subdivision, which
seeks to create one (1) additional rural allotment which is able to be provided
with all necessary rural infrastructure services;
• The proposed development has been designed in response to the
characteristics, physical constraints and opportunities of the site and the
surrounding area;
• The proposed development has been sensitively and attractively designed and
will not detract from the rural amenity or the surrounding area;
• Each lot achieves safe and convenient access to/from the road network via the
existing and proposed driveway crossovers, and each lot will be capable of
providing adequate on-site parking provisions; and
• The proposed development complies or generally complies with the overall
outcomes for the Rural Zone.
Thus, on behalf of Bob Clem, it is recommended that Council issue approval for a
Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots) involving
land described as Lot 134 on MCH181, situated at 74 Pender Creek Road, Kin Kin.
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Appendix A Current Title Search [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Current Title Search
Page 24
Appendix B Survey Plan and SmartMap [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Survey Plan and SmartMap
Page 25
Appendix C Plan of Development, Plan No. 100418 Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix C Plan of Development, Plan No. 100418 Prepared by Murray & Associates (Qld) Pty Ltd
Page 26
Appendix D Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix D Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd
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