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Response to Information Request
Attached to the e-mail REC16/0007 - Response to Information Request.
19 May 2016
The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
Attention: Wilhelm Koschade
Dear Wilhelm,
RESPONSE TO COUNCIL’S INFORMATION REQUEST (REF: REC16/0007)
Property Description: Lot 2 on SP233312 and Lot 245 on MCH254
Property Location: 183 Blanckensee Road, Black Mountain QLD 4563 and 549 Middle Creek
Road, Federal QLD 4568
Proposed Development: Reconfiguration of Lots by Rural Boundary Realignment (2 Lots into 2
Lots)
Local Government: Noosa Shire Council
Planning Scheme: Noosa Plan
Council Reference: REC16/0007
Our Reference: 54649
Applicant: Mr & Mrs Zauner
1.0 PREAMBLE
With reference to the abovementioned application, we hereby provide our formal response to Council’s
Information Request which was issued on 12 May 2016.
The Information requested and a formal response to each matter is provided below.
2.0 RESPONSE TO INFORMATION REQUEST
Item 1
It is acknowledged that the proposed location of the new boundary reduces allowable exempt clearing and
results in an improved outcome. However, the proposed realignment unnecessarily sites the new
boundary where it will transect and fragment existing protected vegetation. Please note, altering the
location of the new boundary to have a separation distance of 10m or more from state regulated
vegetation will avoid the need to refer the application to relevant Concurrence Agencies.
1. Please provide amended plans which relocate the proposed new boundary where it does not
intersected protected vegetation. Refer to Figure 1 below as an example.
Response:
In response to Item 1 of Council’s Information Request, please note that the Plan of Development, Plan
No. 54649/B has been amended, as displayed within Appendix A to relocate the proposed boundary line
10m from the edge of the vegetation line. The layout suggested by Council is not a viable option for the
application as it produces a lot which is too large. The applicants have purchasers who are only interested
in purchasing a certain amount of land, so whilst the alternative layout presented by Council was
considered, it is not ideal. The amended Plan of Development avoids the mapped remnant vegetation so
that referral to the State Government can now be avoided. Accordingly, we request Council issue an
amended Acknowledgement Notice as the original notice outlines that referral to the State Assessment &
Referral Agency is required.
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Item 2
The proposed realignment will reduce the existing lot size of Lot 2 on SP233312 from 32.33ha to 1.156
ha. The subject site is wholly located within the Rural Zone and the proposed lot size is considered
inappropriate given the intended purpose for rural zoned land and the existing pattern of development
adjoining the site and within the general vicinity.
2. Please provide amended plans which provide a suitable lot size reflective of the existing pattern of
development within the area.
Response:
In response to Item 2 of Council’s information request, it is acknowledged that the amended Plan of
Development Plan No. 54649/B (Appendix A) further reduces the size of proposed Lot 2, by relocating
the boundary 10m from the north western edge of the remnant vegetation. The overall outcomes sought
for the Rural Zone within the Mary River Catchment Area are outlined as follows:
e) Agriculture remains a significant part of the economic activity across the locality through—
i. ensuring that traditional Agricultural Uses, including small cropping, cattle grazing and dairying
are continued, especially on the better agricultural land on and adjacent to the valley floors;
ii. ensuring that Agricultural Uses and land suited to agricultural activities are protected; and
iii. promoting farm forestry within the locality;
y) For the Rural Zone—rural land is protected and appropriately managed such that the scenic and
environmental values, the distinct rural amenity and agricultural productivity of the locality are
preserved and are not adversely impacted as a consequence of development on or adjacent to that
land;
Although the proposed size of Lot 2 is less than that of adjoining properties, the overall outcomes sought
for the rural zone are achieved as a result of this proposal. In this regard, the boundary realignment
improves and maintains the agricultural productivity of proposed Lot 245, by ensuring that a large
freehold agricultural lot is established. The applicant currently utilises the land for cattle grazing, so the
proposal represents a practical and logical outcome by retaining all good quality grazing land within the
one title. At present, the existing lot boundaries fragment remnant vegetation, a power easement and are
not a suitable size to maintain commercially viable agricultural practices. As such, the proposed boundary
realignment produces a lot layout which preserves the rural values and productivity of the land and
protects the environmental attributes of the vegetation present on-site. Although proposed Lot 2 is slightly
irregular, the proposed lot layout appropriately contains the existing dwelling, all associated infrastructure
and provides a suitable access onto Blanckensee Road. Accordingly, it is considered that the amended lot
layout depicted within Appendix A is consistent with the Noosa Plan and results in an overall
improvement to the current situation of the allotments.
3.0 SUMMARY
In light of the above information, we request Council continue with their assessment of the application.
We also request Council issue an amended Acknowledgement Notice to confirm that referral to the State
Assessment & Referral Agency is not required, as the amended layout ensure the proposed boundary line
is situated 10m from the edge of the remnant vegetation.
We look forward to receiving Council’s favourable Decision Notice for this proposal in due course. If you
have any questions regarding this application, please do not hesitate to contact our office on (07) 5441
2188 to discuss.
Yours faithfully,
Rebekah Hale B.Urb.Dev (Urb.Reg.Plan), PIA.Grad., MDIA
Senior Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD
Page 3
Appendix A Amended Plan of Development, Plan No. 54649/B Prepared by Murray & Associates (Qld) Pty Ltd