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Delegated Report - Code - Planning RAL21 0035 [As Published]
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Acting Coordinator Planning
Development Assessment
APPLICATION DETAILS
Application No. RAL21/0035
Applicant Ian W Rowe
Janis Rae Rowe
Proposal Reconfiguring a Lot - Rural Residential
Properly Made Date 24 December 2021
Information Request Date 24 January 2022
Information Response Date 29 April 2022
Decision Due Date 31 July 2023
Report Reviewed & Patrick Murphy 24.07.2023
Finalised By
PROPERTY DETAILS
Property Address 21 Jirrima Cres Cooroibah Qld 4565
RP Description Lot 46 RP 136461
Land Area 4.3ha
Existing Use of Land Dwelling house
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Zone Rural Residential
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Acid Sulfate Soils
Biodiversity, Waterways and Wetlands
Bushfire Hazard
Flood Hazard
Assessment Type Code
Document Set ID: 22511485
Version: 7, Version Date: 31/07/2023
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1. PROPOSAL
The proposal is to subdivide the subject lot into 2 lots. The applicant seeks to divide the block in a
battle axe arrangement resulting in 1 lot behind the other. Proposed Lot 1 is to contain the existing
dwelling and has an area of 2.567ha. Proposed Lot 2 has an area of 1.824ha with a building
envelope proposed to ensure development avoids areas subject to flooding and the riparian buffer
area. An access easement is proposed within lot 1 to provide access for Lot 2 along the northern
side boundary.
The applicant proposes an environmental rehabilitation area for 10m either side of the high bank
of the water way and covers a total area of approximately 0.2 hectares.
The application was originally reported to the Planning and Environment Committee meeting of 6
September 2022 with staff recommending refusal of the application due to concerns with the impact
of flooding on the access to the rear of the house. No formal decision was made on the matter as
the applicant stopped the decision period to provided further information. The applicant has now
provided further information relating to flooding and upgrades to access which is considered to
address staff concerns.
Following discussions with the Director of Planning (Kim Rawlings) the matter was considered to
be able to finalised under delegation as no final decision was made at the Council meeting and the
proposal is now able to be supported.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
2. SITE DETAILS
2.1. Site Description
The site is relatively flat with a small watercourse intersecting the site in a north south direction.
The eastern portion of the lot is mostly cleared with grassed paddocks with the western portion
sparsely vegetated with predominant regrowth wattle and melaleuca.
An existing access easement (for access to the telecommunications infrastructure on the
neighbouring lot to the north) and internal track provides access from the road frontage towards
the east of the lot. This access crosses the waterway, however the existing access has not been
designed to provide access during potential flood events as access to the telecommunications
infrastructure is infrequent and unlikely to be needed during such events.
2.2. Surrounding Land Uses
Surrounding premises are semi-rural in nature featuring open paddocks and partially vegetated
areas. Neighbouring properties feature detached houses and rural settlement/ rural lifestyle blocks
with associated outbuildings. The property to the west is a heavily vegetated public reserve. The
property to the north has recently been subdivided, the application was refused by Council with a
negotiated approval issued during the associated appeal. The settlement included the provision of
a covenant area extending over a significant extent of the riparian buffer.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020.
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3.2. Noosa Plan 2020
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Rural Residential Zone Code;
• Reconfiguring a Lot Code;
• Biodiversity, Waterways and Wetlands Overlay Code;
• Bushfire Hazard Overlay Code;
• Flood Hazard Overlay; and
• Works Codes.
The subject site is located in the Cooroibah Locality and is zoned Rural Residential. The proposed
development is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Rural Residential Zone Code
The proposal has been reviewed against the Rural Residential Zone Code and is consistent with
the purpose of the zone which is to provide for residential uses and activities on large lots.
Flooding
The site is mapped as being affected by flood hazard under the Noosa Plan 2020’s Flood Hazard
Overlay mapping. The application seeks approval to increase the number of lots thereby increasing
the number of people and property impacted by the flood hazard area. Figure 3 below illustrates
the mapped flood areas of the site and surrounding locality under the Noosa Plan 2020 Flood
Hazard Overlay.
Figure 3 – Noosa Plan 2020 Flood Hazard Overlay Map – flooding and inundation extent
The applicant provided Probable Maximum Flooding (PMF) levels for the site prepared by
Hydrology & Water Management Consulting which indicates that flood immunity is potentially
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possible for the future dwelling on the site with residents able to seek refuge in a PMF event within
future dwellings.
The applicant has also submitted a Stormwater Management Plan and Engineering plans detailing
proposed driveway works required to address address the risk of flooding associated with access
and egree from the site.
Councils Development Engineer has reviewed the information and provided the following
comments:
Council’s flood mapping indicates that the site will be impacted by flooding (along the
watercourse) and indicates that Jirrima Crescent is also impacted by flooding (approximately
150m south of the subject site). In order to determine a suitable standard for the internal
access it was agreed that the internal access be constructed to the same immunity as Jirrima
Crescent. The existing flood model was accessed by Council’s external consultant and the
criteria provided to the applicant’s engineer. The submitted SWMP provides comment on the
determined immunity and the engineering design for the access driveway has included
drainage features for conveyance of water and the required flood immunity. Relevant
conditions have been included in the recommendation.
The western part of the site is mapped as being affected by the flood hazard overlay. It is
noted that the proposed plans indicate a building envelope within Lot 2 that is clear of the
flood hazard mapping overlay. It is considered that no further action is required to ensure
that development is not located within the flood hazard overlay.
Biodiversity, Waterways and Wetlands Overlay Code
The lot includes a mapped waterway that transects the central portion of the site running in a
northerly direction and has a mapped riparian buffer area with a width of approximately 165m. The
waterway has historically been dammed with scattered regrowth vegetation consisting
predominantly of Melaleuca Quinquenervia along the banks of the waterway with a small section
at the southern end mapped as biodiversity significance.
Figure 4 - Noosa Plan 2020 – Biodiversity, Waterways and Wetlands Overlay
The applicant proposes that the full extent of the riparian buffer should not be protected by a
vegetation covenant due to it not meeting the definition of an ‘ecologically important area’. The
applicant states the Noosa Plan 2020 Ecological Important Area definition means it is limited to the
natural waterway, riparian zone and riparian vegetation defining the riparian zone is the land within
10m of the adjoining waterway. As part of the applicant’s response to Councils information request
the applicant states:
In response to council’s information request, it was proposed that the waterway transecting
the site would be rehabilitated 10m either side of the defining bank, which is consistent with
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the definition of a Riparian Zone for a 1st order waterway under State Code 16. The applicant
maintains that such an outcome would protect and enhance the ecological values of the
waterway in accordance with the overall outcomes of the Biodiversity, Waterways and
Wetlands Overlay Code
At the General Committee Meeting held on 12 September 2022, Council officers
recommended that a 75m rehabilitation area should be established on the western side of
the waterway, consistent with the rehabilitation width conditioned for the adjoining
subdivision. Cr Stockwell indicated that a 75m buffer is not necessary in this circumstance
given the waterway is highly degraded comparing a series of farm dams, regeneration at the
rear of the would be more preferrable. Cr Stockwell suggested that a 25m-30m width of
rehabilitation on the western side of the waterway would be appropriate. Cr Jurisevic
confirmed that any rehabilitation would offer an environmental benefit in this circumstance.
If Council considers a 25m – 30m rehabilitation width is necessary on the western side of the
waterway to achieve the overall outcomes of the Biodiversity, waterways and wetlands
overlay code, this outcome can be conditioned.
Bushfire
The applicant’s bushfire consultant, Equilibrium Ecology, has confirmed that a 25m – 30m
rehabilitation width on the western side of the waterway would not create a bushfire hazard
as the total corridor would remain less than 50m and not support a developed fire front.
Council’s Environment Officer has reviewed the further information submitted by the applicant and
recommends the following:
• Continuation of the vegetation protection covenant along the full width of the riparian
protection area on the western side of the stream order 1 is required. (Consistent with the
requirements of 23 Jirrima Court)
• This western area of covenant will be conditioned to include a 30 metre wide revegetation
zone measured from the defining bank of the water course.
• 10 metre wide covenant over the eastern side of the waterway measured 10 metres from the
defining bank of the water course. This area is to be revegetated.
• Fauna friendly fencing to be located along the boundary of the covenant and each lot.
Conditions relating to the covenant, revegetation and bushfire management have been provided
for inclusion in any approval.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Coordinator, Development Engineering
• Environment Officer
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL21/0035 for a Reconfiguring a Lot - Rural Residential situated
at 21 Jirrima Cres Cooroibah Qld 4565 and described as Lot 46 RP 136461, it is recommended
the application be approved in accordance with the following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: RAL21/0035
Street address: 21 Jirrima Cres Cooroibah Qld 4565
Real property description: Lot 46 RP 136461
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot - Rural Residential (1 into 2 Lots)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice must be
completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below. The plans must be amended to incorporate the
amendments listed within the table below and resubmitted to Council prior to the issue of any
Development Permit for Operational Works*
Plan No. Rev. Plan/Document Name Date
21-5581AA Plan of Proposed Reconfiguration Prepared 18.11.2021
by Max Watterson and Associates
Currency Period
3. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 24th July 2027,
unless an application to extend the currency period is approved by Council.
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Building Envelope
5. All future dwellings and associated ancillary buildings and structures on proposed Lot 2 must
be wholly located within the approved building envelope as shown on the Approved Plans.
A copy of the approved Plan of Development must be included in the contract of sale for Lot
2, together with a clause which requires future dwellings and associated ancillary buildings
and structures to be constructed in accordance with it.
The following property notation or similar will be added to Council’s rates records for
proposed Lot 2:
A house site has been specified for this property as part of the conditions of subdivision
approval. The approved site for the construction of a future dwelling and associated ancillary
buildings and structures is shown on the attached plan. (refer to Council Approval
RAL21/0035).
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6. The applicant must prepare a metes and bounds building envelope plan indicating the
approved building envelope for Lot 2. The areas must be generally in accordance with the
approved plans. The plans must be submitted in both hardcopy and digital format (dwg) on
GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval
prior to the endorsement of the Plan of Survey.
ENGINEERING
Site Access and Driveways
7. An access driveway must be provided extending from the formation in Jirrima Crescent to
the common boundary of proposed Lots 1 and 2. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. the works generally as shown on drawings numbered C30-C33 (Revision 2) prepared
by RECOR Consulting dated 15 May 2023
b. any sections of the existing gravel formation that will be affected by flooding up to the
1% AEP event must be sealed
c. all works must be constructed to achieve the flood immunity and trafficability as
described in section 3 of the submitted Stormwater Management Plan – reference
20220089 prepared by Recor Consulting dated May 2023
d. any necessary safety measures or warning signage in the proximity of the watercourse
crossing
e. underground service conduits for all utility services.
8. The party benefitted by the existing easement (Emt A on SP315440) must provide written
approval of the improvements to the access driveway proposed by the applicant. A copy of
the approval must be provided to Council as part of the required operational works
application.
Stormwater Drainage
9. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Services
10. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider. Any
services within the easement for access and services must be provided underground.
11. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
12. Certification must be submitted to Council from all relevant service providers (Energex and
NBN) which certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Easements
13. An easement for access and services must be registered against the title of proposed Lot 1
in favour of proposed Lot 2. The easement must be located generally in accordance with the
approved plan.
14. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
15. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
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16. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
17. All earthworks and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission from
the respective landowner(s) is provided to Council.
Damage to Services and Assets
18. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
ENVIRONMENTAL MANAGEMENT
Land Rehabilitation
19. A vegetation protection covenant must be registered against the title of the property over the
land area identified as riparian protection on the western side of the waterway as well as the
10 metre wide rehabilitation area on the eastern side of the waterway pursuant to Section
97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted
to Council for endorsement prior to lodgement with the relevant titles authority for registration
of title. The covenant document must:
a. incorporate the requirements of this Decision Notice
b. include Noosa Council as Covenantee.
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513
Works within Protected Land
20. The following works must be undertaken within the covenant area in accordance with the
conditions of this approval prior to the submission of the sealing of the survey plan:
a. Control of pest plants listed in Planning Scheme Policy 2 Landscaping and Councils
Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule 2 and non -
scheduled invasive species;
b. Removal of any structures, debris or materials foreign to a natural environment
c. Rehabilitation and restoration to achieve the equivalent floristic composition of the pre
clearing undisturbed regional ecosystem as per the rehabilitation areas .
d. The planting of canopy species with local provenance in Regional Ecosystem 12.3.14a,
including threatened Eucalyptus conglomerata. The trees must be planted at a ratio of
1 tree per every 10m².
The works must be undertaken in accordance with an Operational Works approval.
21. The land area 30 metres west of the defined waterway bank and 10 metres east of the
defined bank of the waterway must be rehabilitated and revegetated and removed of all weed
species listed in the following standards and legislation:
a. Control of pest plants as listed in Planning Scheme Policy 2 Landscaping and Council’s
Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule 2 and Non-
scheduled invasive species; and
b. The works must be undertaken in accordance with an Operational Works approval.
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*(Refer to Advisory Note)
22. If a provision included in the covenant document is requisitioned or refused registration by
the relevant titles authority, a substitute provision must be included in the document which
as nearly as practicable addresses the objective sought by the requisitioned or refused
provision. The wording of the substitute provision must be agreed by Council.
Fencing to Protected Land
23. A permanent fence must be constructed along the entire length of the western and eastern
covenant boundaries. The fence must be constructed in accordance with an Operational
Works approval and must be to the following specifications:
a. Min 1.2 metres high
b. allow adequate clearance at ground level for local macropods
c. not include any use of barbed wire or similar materials
d. be constructed of fire proof materials
e. include A5 signage with the wording “Vegetation Protection Area – No Domestic
animals” every 15m. The signage must be durable, weather resistant and be visually
complementary to the natural environment.
Bushfire Management – Reconfiguration Requirements
24. All reconfiguration works must be carried out in accordance with the Bushfire Hazard
Assessment & Management Plan listed within this Decision Notice, with the exception of the
following:
a. Appendix A must be updated to the final version which includes a 21 meter wide APZ
on the western side of the Lot 2 building envelope.
The report must be resubmitted to Council incorporating the above amendments prior to the
issue of any Development Permit for Operational Works. *
*(Refer Advisory Note)
25. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer Advisory Note)
26. A clause must be included in the contract of sale for Lot 2 which requires future dwellings to
be constructed within the building envelopes shown on the Approved Plans listed within this
Decision Notice.
5. PLANS/ DOCUMENTS REQUIRING AMENDMENT
The following plans require amendment prior to becoming Approved Plans for the development.
Plan No. Rev. Plan/Document Name Date
- - Riparian Rehabilitation Plan, prepared by, -
Equilibrium Ecology
Amendment Incorporate the following:
• 30 metres of rehabilitation on the western side of the waterway
• 10 metres of rehabilitation on the eastern side of the waterway
• Vegetation protection covenant over the entire riparian protection area
on the western side of the waterway
• Vegetation protection covenant over the 10 metres of rehabilitation
on the eastern side of the waterway
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Fauna friendly fencing along the western and eastern boundaries of the
vegetation protection covenant between the covenant and the Lots
Plan No. Rev. Plan/Document Name Date
1 Bushfire Hazard Assessment & Management Plan 3 December
prepared by, Equilibrium Ecology 2021
Amendment Appendix A must be updated to the final version which includes a 21-meter
wide APZ on the western side of the Lot 2 building envelope.
6. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
20220089 - Stormwater Management Plan prepared by Recor May2023
Consulting
C01 2 Cover sheet and locality Plan Prepared by Recor 15.05.2023
C30 2 Proposed Driveway crossover layout and details 15.05.2023
prepared by Recor
C30 2 Driveway long sections prepared by Recor 15.05.2023
C32 2 Driveway cross sections prepared by Recor 15.05.2023
C33 2 Stormwater Long sections prepared by Recor 15.05.2023
7. REFERRAL AGENCIES
Not applicable.
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Resubmission of Amended Documents Required
1. The conditions of this Decision Notice require resubmission of the referenced Bushfire
Assessment and Management Plan to Council with amendments. Please address the
amended document to Council’s Development Assessment Branch with the Reference No.
RAL21/0035, separate to any Operational Works application. To avoid delays and
assessment issues with the Operational Works application, it is recommended the document
be resubmitted prior to lodgement of any Operational Works application. Should the
amended document not be submitted, the applicant is advised that a Preliminary Approval
may be issued in lieu of a Development Permit.
Qualified Person
2. For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
landscape architect or ecologist with a minimum of 3 years current experience in the field of
landscape design.
3. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
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Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the different
aspects of the works are lodged separately. Significant savings in application fees will result
if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
b. appropriate traffic signage in accordance with the Manual of Uniform Traffic Control
Devices (MUTCD)
c. provision for safe vehicle and pedestrian access across the frontage of the site both
during daily construction and after daily construction has ceased.
Private Infrastructure
7. All private infrastructure for the development must be designed to meet the planning scheme
requirements unless otherwise agreed by the relevant authority.
Infrastructure Charges
8. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
9. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL21/0035 – Vegetation Protection Covenant
1. The following notation applies to approved lot 1:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur
within the covenanted area, except where in accordance with the terms of the covenant.
RAL21/0035 – Bushfire Management
2. The following notation applies to approved lot 2:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL21/0035 and associated Operational Work approvals
RAL21/0035 – BUILDING ENVELOPE
3. The following notation applies to approved lot 2:
A house site has been specified for this property as part of the conditions of subdivision
approval. The approved site for the construction of a future dwelling and associated ancillary
buildings and structures is shown on the attached plan. (refer to Council Approval
RAL21/0035).
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10. VARIATION APPROVAL DETAILS
Not applicable.
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage, Vegetation
Clearing.
12. SUBMISSIONS
Not applicable.
13. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
14. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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