Bell 13Nov2019 · RAL19/0011

 Blake Bell                                                                           13 November 2019



           b. owned by Kaymond Pty Ltd;
           c. an estate in fee simple;
           d. zoned Rural under the Noosa Planning Scheme; and
    3. Lot 481 on MCH524, which is:
           a. 96.315ha;
           b. owned by Gregory Malcolm Walsh and Tammy Walsh;
           c. an estate in fee simple;
           d. zoned Rural under the Noosa Planning Scheme.

The Applicant made an application for a development permit to Council on or before 12 April 2019.

The proposed development is to realign the boundaries of the three subject lots to better reflect
their usage. The effect of the realignment is to amalgamate the area of Lot 528 with Lot 481 so that
Lot 481 becomes 96.68 ha, and to then excise from Lot 480 an area of about 1.451 ha, which would
re-establish the third title in a more usable form, without detracting from the productive capacity of
Lot 480. The net effect is that Lot 481 is enlarged in a logical way and Lot 480 is reduced slightly to
provide a suitable dwelling lot, whilst remaining above the 100 ha probable solution minimum.

The Application is Code Assessable.

Council issued a Confirmation Notice dated 1 May 2019, which notes that the application was
properly made on 12 April 2019.

Council issued an Information Request dated 13 May 2019. The Information Request included the
following:

        Issue

        Upon examination of historic survey plans, it is understood excess land in the Happy Jack
        Creek Road reserve that was not occupied by the road formation was reconfigured into lots
        with individual freehold titles.

        It is likely the intent for the creation of Lot 528 MCH 1930 was to dispose the land to the
        adjoining property for rural land use purposes (cattle grazing etc.) rather than for the
        purpose of an individual rural-residential lot.

        Information Required

        Provide details of the suitability and functionality of Lot 528 MCH 1930 as a rural lot in its
        current stand-alone form. Details must include the following:
              a.    A suitable house site taking constraints into consideration (e.g. setbacks,
                    flooding); and
              b.    A suitable effluent disposal area; and
              c.    Suitable area for other associated structures, services and land use of a rural
                    property.

A response was made to the Information Request on or about 22 May 2019.

The Decision Stage has now been stopped, to enable consideration of this advice.




                                                                                                  Page 2