Delegated Report - Code - Planning RAL21 0034

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0034
Applicant	Louise Martha Staley
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	16 December 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	14 March 2022 – applicant advised on 15 March 2022 that referral to SARA not required
Report Completed Date	17 March 2022
Report Reviewed By	Nadine Gorton 17.03.2022

PROPERTY DETAILS
Property Address	169 & 173 Musa Vale Rd Cooroy Qld 4563
RP Description	Lot 11 RP 35115, Lot 5 RP 35115
Land Area	6.14ha & 3005m²
Existing Use of Land	Dwelling Houses and associated rural buildings

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Conservation Area Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Waterway Landslide Hazard Overlay High Hazard Area Moderate Hazard Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment. The application seeks to slightly realign the side boundaries of Lot 11 to eliminate the encroachment of a carport on Lot 5. It is noted that a mapped riparian buffer area runs through both properties, however no vegetation removal is required.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
A carport was approved on Lot 11 in 2007, which encroaches onto Lot 5. The carport was approved to be 0.15m from the front boundary and 6 metres from the eastern boundary.
Site Description
169 Musa Vale Road –
Lot 5 is an irregularly shaped, 6.14 hectare rural lot that is utilised for rural pursuits. The site contains a dwelling house and associated structures. The site slopes steeply from the eastern boundary to the west. A waterway runs through the north-western side of the site. The site is mostly cleared of vegetation with some vegetated areas along the boundary lines.
173 Musa Vale Road –
Lot 11 is a small rural lot and contains a dwelling house, studio and carport. The entirety of the site is covered by a mapped riparian buffer areawhich is located around a small waterway that runs along the eastern boundary. An easement (Easement B) burdens the southern corner of the lot and the south-western boundary.
Surrounding Land Uses
Surrounding properties are large rural blocks
assessment
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring a Lot Code;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code.
The subject site is located in Cooroy locality and is zoned Rural. The proposed reconfiguration is required to follow a code assessable application process.
The application has been found to generally comply with the applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 100 hectares	Existing 169 Musa Vale Road – 6.14 ha 173 Musa Vale Road – 3,005m2 Proposed 169 Musa Vale Road – 6.14 ha 173 Musa Vale Road – 3,005m2	X X X X
Rearrangement of Lot Boundaries
Acceptable Outcome AO26 of the Reconfiguring a Lot Code requires that the rearrangement of lot boundaries results is an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions and at least one of the following is achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.
The proposal complies with Acceptable Outcome AO26 as it includes rearranging the lot boundaries of the subject sites to eliminate the encroachment of the carport constructed on Lot 11 into the property of Lot 5. The proposed boundary realignment will not change the size of the properties and will not result in any impacts to environmental values on the site. The shared boundaries of the properties are not fenced and the proposed boundary change will not cause any impacts to vegetation in the riparian buffer area. The proposal will also not have any impacts on rural productivity of the subject or surrounding sites and maintains Easement B on Lot 11.

cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department has responded advising that a referral is not needed as the works meet the exemption criteria and is not assessable development.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – no concerns raised; conditions included

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 RAL21/0034 for a Reconfiguring a Lot - Boundary Realignment situated at 169 Musa Vale Rd Cooroy & 173 Musa Vale Rd Cooroy and described as Lot 11 RP 35115 and, Lot 5 RP 35115, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0034
Street address:	169 Musa Vale Rd Cooroy & 173 Musa Vale Rd Cooroy
Real property description:	Lot 11 RP 35115, Lot 5 RP 35115
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
11-3076AA	-	Plan of Proposed Reconfiguration of Lots 5 & 11 on RP35115, prepared by Max Watterson & Associates.	15/10/2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 17 March 2026, unless an application to extend the currency period is approved by Council.
ENGINEERING
Stormwater Drainage
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
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
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
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.
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.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
referral agencies
Not Applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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