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Development Permit for Reconfiguration of a Lot
        by Urban Subdivision (1 Lot into 2 Lots)
                                              LOCATED AT
                      108 Goodwin Street, Tewantin QLD 4565

                      APPLICANT: Van der Walt Property Trust
                                        DATE: August 2021
                                 REFERENCE NO.: 210242
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Page 2

DOCUMENT INFORMATION
Prepared For:           Van der Walt Property Trust
Project Name:           108 Goodwin Street, Tewantin QLD 4565
B+B Reference:          210242


 Version                 Date                  Author
 Final Report            August 2021           Danya Cook, Principal Town Planner




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CONTENTS
DOCUMENT INFORMATION ...................................................................................................................... 2
1. Executive Summary .............................................................................................................................. 5
    1.1 Site and Application Details ............................................................................................................. 6
2. Site Characteristics ............................................................................................................................... 7
    2.1    Location of the Subject Site ............................................................................................................. 7
    2.2    Zoning Designation and Surrounding Land Uses ............................................................................ 7
    2.3    Current Registered Landowners ...................................................................................................... 8
    2.4    Dimensions, Easements, Shape and Topography .......................................................................... 9
    2.5    Existing Built Form ........................................................................................................................... 9
    2.6    Access and Services ....................................................................................................................... 9
3. Proposed Development ...................................................................................................................... 10
    3.1 Proposed Development Overview ................................................................................................. 10
    3.2 Proposed Access Arrangements ................................................................................................... 10
    3.3 Services and Stormwater ............................................................................................................... 10
4. Local Planning ..................................................................................................................................... 12
    4.1    Planning Scheme ........................................................................................................................... 12
    4.2    Level of Assessment ...................................................................................................................... 12
    4.3    Assessment Benchmarks (Codes) ................................................................................................ 12
    4.4    Overlays ......................................................................................................................................... 13
5. State Planning ...................................................................................................................................... 14
    5.1 South East Queensland (SEQ) Regional Plan 2017 ..................................................................... 14
    5.2 State Planning Policy ..................................................................................................................... 14
    5.3 Planning Regulation 2017.............................................................................................................. 14
6. Conclusion ........................................................................................................................................... 15




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Page 4

List of Figures
Figure 1 – Locality Map (Image: Whereis, Sourced July 2021) ................................................................... 7
Figure 2 - Extract of Zone Map ZM11 – Tewantin ......................................................................................... 8




Appendices
Appendix A – Current Title Search
Appendix B – Survey Plan and SmartMap
Appendix C – Plan of Proposed Subdivision
Appendix D – Letter and Concept Engineering Services Plan
Appendix E – Code Assessment




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Page 5

1. EXECUTIVE SUMMARY


Bennett + Bennett have been engaged by the applicant, Van der Walt Property Trust, to prepare an application
for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) on land
described as Lot 1 on RP128401, situated at 108 Goodwin Street, Tewantin QLD 4565.


The intent of the proposed subdivision seeks to create one (1) additional lot, resulting in two (2) lots in total;
both intended for residential purposes.


The Current Registered Landowners of Lot 1 on RP128401, being Izak Stephanus Van der Walt and Elizabeth
Maria Van der Walt (refer to the Current Title Search included at Appendix A), have provided written consent
to the proposed development (Planning Act 2016), which accompanies this application. Also accompanying
this application is completed DA Form 1 – Development Application Details (as attached).


The site is included within the Low Density Residential Zone, in accordance with Zone Map ZM11 – Tewantin
of the Noosa Plan 2020.


This application comprises an overview of the subject site and the proposed development and provides an
assessment of the proposal in relation to the applicable local planning provisions, being the Noosa Plan 2020.


Based on the town planning assessment undertaken in relation to the proposed Reconfiguration of a Lot, this
Planning Report concludes that the development complies with the intent of the Low Density Residential Zone.
Accordingly, the proposed development is recommended for approval by Noosa Council subject to reasonable
and relevant conditions.




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1.1     Site and Application Details


 Development Application Details
 Site Address                  108 Goodwin Street, Tewantin QLD 4565
 Real Property Description     Lot 1 on RP128401
 Land Area                     1821m2
 Existing Land Use             Dwelling House and associated Shed and Pool
 Encumbrances                  Not Applicable
 Planning Scheme               Noosa Plan 2020
 Zone Map                      Zone Map ZM11 – Tewantin
 Zone                          Low Density Residential Zone
 Overlays                       • Land Subject to Acid Sulfate Soils Overlay: - Area 1 – Above 5m AHD
                                   to 20m AHD.
                                • Landslide Hazard Overlay: - Moderate Hazard.
 Development Type              Development Permit for Reconfiguration of a Lot by Urban Subdivision
                               (1 Lot into 2 Lots)
 Category of Development       Assessable Development
 Category of Assessment        Code Assessment
 Referrals                     Not Applicable
 Landowners                    Izak Stephanus Van der Walt
                               Elizabeth Maria Van der Walt
 Applicant                     Van der Walt Property Trust
 Town Planning and             Danya Cook, Principal Town Planner, Bennett + Bennett
 Surveying Consultant          M: 0422 051 263
                               E: [email protected]
                               P: 3 / 7 Golf Street, Maroochydore QLD 4558
 Engineering Consultant        Contour Consulting Engineers Pty Ltd




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Page 7

2. SITE CHARACTERISTICS

2.1      Location of the Subject Site

The subject site is described as Lot 1 on RP128401, situated at 108 Goodwin Street, Tewantin QLD 4565 and
is located approximately 1.5 kilometres to the main street of Tewantin. Refer to Figure 1, which provides a
Locality Map of the subject site and immediate surrounding area.




                                                                                               Subject Site


Figure 1 – Locality Map (Image: Whereis, Sourced July 2021)



2.2      Zoning Designation and Surrounding Land Uses

The subject site is included within the Low Density Residential Zone in accordance with Zone Map ZM11 –
Tewantin of the Noosa Plan 2020. An extract of Zone Map ZM11 – Tewantin is provided at Figure 2, identifying
the site in relation to surrounding land uses.


The site is located within close proximity to the amenities and services afforded by Tewantin, including (but
not limited to):




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      •   Tewantin Cemetery
      •   Tewantin Sports Grounds
      •   Tewantin Boat Ramp
      •   Noosa Marina
      •   Noosa Regional Gallery
      •   Woolworths
      •   Noosa Council
      •   Department of Transport and Main Roads
      •   Tewantin Noosa RSL
      •   Tewantin State School
      •   Shell Service Station
      •   Cafes and Specialty Stores




                                                                                                 Subject Site


Figure 2 - Extract of Zone Map ZM11 – Tewantin




2.3       Current Registered Landowners

The Current Registered Landowners of Lot 1 on RP128401 are Izak Stephanus Van der Walt and Elizabeth
Maria Van der Walt, as confirmed by the Current Title Search included at Appendix A.




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Page 9

2.4       Dimensions, Easements, Shape and Topography

The subject site is relatively flat, featuring a slight slope to the north east towards Goodwin Street. The site is
regular in shape, comprising an area of 1821m2. For complete site dimensions refer to the Survey Plan and
SmartMap included at Appendix B.


Furthermore, as noted by the Current Title Search (Appendix A) and Survey Plan and SmartMap (Appendix
B), the subject site is not encumbered by an easement in favour of a third party or distribution entity.




2.5       Existing Built Form

The subject site comprises a Dwelling House featuring six (6) bedrooms, four (4) bathrooms and an attached
garage. The Dwelling House is located in the centre of the existing lot with a shed being located in the north-
western corner and an inground pool being located in the south-western corner.


It is noted that all existing structures and improvements will be cleared from the site to facilitate the proposed
subdivision. Refer to the Plan of Proposed Subdivision prepared by Bennett + Bennett included at Appendix
C.




2.6       Access and Services

The site features road frontage to Goodwin Street to the east, which is established to an urban sealed standard,
inclusive of a formed verge and footpath.


A (sealed) driveway crossover is located at the site’s eastern frontage, with the (sealed) driveway extending
into the site to connect with the garage attached to the Dwelling House. The Plan of Proposed Subdivision
(Appendix C) depicts the location of the existing access driveway.


The subject site is serviced by all essential urban infrastructure services, to include:


      •   Reticulated water supply;
      •   Reticulated sewerage infrastructure;
      •   Reticulated electricity; and
      •   Reticulated telecommunications.




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Page 10

3. PROPOSED DEVELOPMENT

3.1       Proposed Development Overview

This application seeks approval for a Development Permit for Reconfiguration of a Lot by Urban Subdivision
(1 Lot into 2 Lots) on land described as Lot 1 on RP128401, situated at 108 Goodwin Street, Tewantin QLD
4565.


The reconfiguration of land will occur in accordance with the Plan of Proposed Subdivision prepared by Bennett
+ Bennett included at Appendix C.


As demonstrated by the Plan of Proposed Subdivision (Appendix C), the design of the proposed subdivision
complies with Table 9.5.1.4 Minimum Lot Size of the Reconfiguring a Lot Code, as each proposed lot features
an area of 910m2, which exceeds the minimum lot size requirement of 600m2.


A summary of the proposed lots is included below:


 Proposed Lot Description           Proposed Lot Areas               Proposed Lot Frontages
 Proposed Lot 1                     910m2                            20.12m
 Proposed Lot 2                     910m  2
                                                                     20.12m


It is proposed for the existing lot to be split in half with each newly created lot benefitting from a 20.12m frontage
to Goodwin Street. Both lots will maintain the existing depth of 45.26m and will each be an area of 910m2.


3.2       Proposed Access Arrangements

The existing driveway crossover will be retained to service proposed Lot 1, whilst a new driveway crossover
will be constructed to service proposed Lot 2. The location of the driveway will be determined during detailed
design. Refer to the Concept Engineering Services Plan prepared by Contour Consulting Engineers Pty Ltd
included at Appendix D for details regarding the location of the existing driveway.




3.3       Services and Stormwater

Each proposed lot will be serviced by standard urban infrastructure services, to include:


      •   Reticulated water supply;
      •   Reticulated sewerage infrastructure;


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    •   Reticulated electricity; and
    •   Reticulated telecommunications.


For details regarding lawful point of discharge for stormwater and urban infrastructure service connections
refer to the Letter and Concept Engineering Services Plan prepared by Contour Consulting Engineers Pty Ltd
included at Appendix D.




www.bennettandbennett.com.au                              210242_Town Planning Application.docx | August 2021   11

Page 12

4. LOCAL PLANNING

4.1       Planning Scheme

In accordance with the Noosa Plan 2020 the site is included within the Low Density Residential Zone of
Tewantin. An assessment of the applicable provisions of the Noosa Plan 2020 is provided below.


4.2       Level of Assessment

In accordance with Part 5 Tables of Assessment, 5.6 Categories of Development and Assessment
Reconfiguring a Lot, Table 5.6.1 Reconfiguring a Lot of the Noosa Plan 2020, Reconfiguring a Lot is Code
Assessable.


4.3       Assessment Benchmarks (Codes)

In accordance with Part 5 Tables of Assessment, 5.6 Categories of Development and Assessment
Reconfiguring a Lot, Table 5.6.1 Reconfiguring a Lot of the Noosa Plan 2020, the following Codes are
applicable to a development of this nature:


      •   Tewantin Local Plan Code;
      •   Low Density Residential Zone Code;
      •   Reconfiguring a Lot Code; and
      •   Works Code.


An assessment of the Tewantin Local Plan Code, Low Density Residential Zone Code and Reconfiguring a
Lot Code has been undertaken by Bennett + Bennett included at Appendix E. Where Acceptable Outcomes
are not met, an alternative solution demonstrating compliance with the corresponding Performance Outcome
is provided within the code assessment. Overall, the proposed development application is determined to
comply with all Performance Outcomes under the relevant codes.


Furthermore, the proposed subdivision complies with the Works Code, with the applicable aspects of the
Works Code addressed by the Concept Engineering Services Plan prepared by Contour Consulting Engineers
Pty Ltd included at Appendix D. A subsequent application for a Development Permit for Operation Works will
be submitted with Council for assessment following approval of the Reconfiguring a Lot application.




www.bennettandbennett.com.au                               210242_Town Planning Application.docx | August 2021   12

Page 13

4.4     Overlays

The overlays existing upon the site are described and commented on in the below table.


 Acid Sulfate Soils Overlay
                                                    The subject site contains Acid Sulfate Soils: - Area 1
                                                    – Above 5m AHD to 20m AHD. The proposed
                                                    development will ensure that the release of Acid
                                                    Sulfate Soils and associated metal contaminants into
                                                    the environment is avoided, as extensive excavation
                                                    is not required to facilitate subdivision of the site.
                                                    Accordingly, no further assessment has been
                                                    undertaken against the Overlay Code.




 Landslide Hazard Overlay
                                                    The subject site comprises Landslide Hazard: -
                                                    Moderate Hazard Areas. This area is limited to the
                                                    eastern portion of the lot at the Goodwin Street
                                                    frontage, which is not burdensome to the proposed
                                                    development. Accordingly, no further assessment has
                                                    been undertaken against the Overlay Code.




www.bennettandbennett.com.au                              210242_Town Planning Application.docx | August 2021   13

Page 14

5. STATE PLANNING

The Planning Regulation 2017 prescribes assessment benchmarks that an application must be assessed
against, which are additional or alternative to the benchmarks contained within local planning instruments.


The assessment benchmarks are contained within:


      •   The Regional Plan and Part E of the State Planning Policy, to the extent that they are not appropriately
          integrated into the Planning Scheme; and
      •   Schedule 10 of the Planning Regulation 2017.


The SEQ Regional Plan 2017, Part E of the State Planning Policy and Schedule 10 of the Planning Regulation
2017 are addressed below.


5.1       South East Queensland (SEQ) Regional Plan 2017

The site is subject to the South East Queensland Regional Plan 2017. Under the Regional Plan, the subject
site is included within the Urban Footprint, with the proposed subdivision being consistent with the intent
envisaged for the Urban Footprint. Accordingly, the proposed development is determined to appropriately
progress the Regional Plan.


5.2       State Planning Policy

The State Planning Policy (SPP) defines the Queensland Government’s policies about 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 there is a discrepancy between Local Planning
Scheme and a State Planning Policy, then the State Planning Policy overrides the Planning Scheme.


The Noosa Plan 2020 appropriately reflects the SPP. Accordingly, an assessment against the SPP is not
required.


5.3       Planning Regulation 2017

Following a review of the State Assessment and Referral Agency (SARA) DA Online Mapping System and
Schedule 10 of the Planning Regulation 2017, it is confirmed that an application of this nature does not require
referral to SARA.



www.bennettandbennett.com.au                                   210242_Town Planning Application.docx | August 2021   14

Page 15

6. CONCLUSION

This Planning Report has been prepared on behalf of Van der Walt Property Trust, in support of an application
for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) on land
described as Lot 1 on RP128401, situated at 108 Goodwin Street, Tewantin QLD 4565.


The intent of the application seeks approval for a reconfiguration of one (1) lot into two (2) lots.


The site is included within the Low Density Residential Zone, whereby the proposed development is consistent
and Code Assessable.


The proposal is considered consistent with relevant state planning provisions and demonstrates compliance
with the applicable local planning provisions.


Thus, on behalf of Van der Walt Property Trust it is recommended that Council issue approval for a
Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) subject to reasonable
and relevant conditions.




www.bennettandbennett.com.au                                   210242_Town Planning Application.docx | August 2021   15

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