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Delegated Report - Code - Planning - RAL26 0023 (As Published) · RAL26/0023

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Senior Town planner, Andrew Gaffney
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                  RAL26/0023

                  Applicant                        James Raymond Brown
                                                   Emma Josephine Duncan-Eidem

                  Proposal                         Reconfiguring a Lot - Boundary Realignment (2 lots into 2 lots)

                  Properly Made Date               28 August 2026

                  Information Request Date         Not Applicable

                  Information Response Date        Not Applicable

                  Decision Due Date

                  Report Reviewed &                Ben Micallef – 25 September 2026
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                 139 Musa Vale Rd Cooroy Qld 4563

                  RP Description                   Lot 1 RP 184583 & Lot 2 SP 269273

                  Land Area                        6,252 m² & 4.88 ha

                  Existing Use of Land             Dwelling houses


                  STATUTORY DETAILS

                  SEQRP Designation                Regional Landscape and Rural Production Area

                  Zone                             Rural zone

                  Precinct                         Not applicable

                  Local Plan Area                  Not applicable

                  Overlays                         • Bushfire Hazard Medium and High Potential Bushfire
                                                     Intensity - Potential Impact Buffer
                  Assessment Type                  Code




Document Set ID: 25121836
Version: 4, Version Date: 25/09/2026
Full text of the other 7 pages

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               1.     PROPOSAL
               The application seeks approval for a Development Permit for Reconfiguring a Lot (2 lots into 2 lots)
               boundary realignment over land at 139 Musa Vale Road, Cooroy described as Lot 1 RP184583
               and Lot 2 SP269273.
               The proposal involves adjusting the common boundary between the two existing lots to
               amalgamate approximately 8728m² of the northern corner of Lot 2 into Lot 1 (See Fig 2).



                Lot                    Existing Site Area Proposed Site Area Change

                Lot 1 RP184583 6,252m²                    1.498ha                 Increase of approx. 8,728m²

                Lot 2 SP269273         4.88ha             4.011ha                 Loss of approx. 8,690m²

               The realignment is intended to rationalise the existing lot configuration and provide a more practical
               arrangement of land ownership and maintenance between the neighbouring lots.
               No building works, operational works, vegetation clearing or changes to existing access
               arrangements are approved as part of this proposal.
               The locality and proposal plan are included below.




                                                         Figure 1 – Locality


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Document Set ID: 25121836
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                                                Figure 2 – Proposed reconfiguration


               2.     SITE DETAILS


               2.1. Site Description
               The subject site is located at 139 Musa Vale Road, Cooroy and comprises two existing lots formally
               described as Lot 1 RP184583 and Lot 2 SP269273.
               The land has a combined rural-residential character, with lot areas of approximately 6,252m² and
               4.88 hectares, and is situated within the broader hinterland setting of Cooroy. Both sites are
               accessed from Musa Vale Road and forms part of an established rural locality where larger
               residential and rural lifestyle allotments are a prevailing land use pattern. The area of additional
               site boundaries do not encroach into areas of mapped biodiversity or riparian buffer.
               2.2. Surrounding Land Uses
               The surrounding area is characterised by rural and rural-residential allotments of varying size,
               containing Detached dwellings, ancillary outbuildings set in areas of vegetation or open paddocks.

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               Development in the locality is low density and dispersed, with allotments addressing Musa Vale
               Road and adjoining rural roads in a manner consistent with the established hinterland settlement
               pattern.
               The proposed boundary realignment is not expected to alter the existing character, intensity of use
               or amenity of the surrounding area.
               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 (Amendment 4 - 22 July 2026).
               The subject site is located within the SEQ Regional Landscape and Rural Production Area. Section
               23 of Part 16 of the Planning Regulation provides that reconfiguring a lot involving subdivision
               within this area is generally prohibited where the reconfiguration is assessable development under
               section 21.
               However, section 23(2)(a) expressly provides that this prohibition does not apply where the
               reconfiguration constitutes an exempt subdivision. The proposed reconfiguration is defined as an
               exempt subdivision under the Planning Regulation as the proposal subdivision does not create a
               new lot.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •    Rural Zone Code;
               •    Works Codes;
               •    Overlay Code
               The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a
               consistent use within the zone and 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:


               Reconfiguring a Lot Code
               Acceptable Outcome AO26 of the Reconfiguring a Lot Code relates to the Rearrangement of Lot
               Boundaries and applies to the proposal. This acceptable outcome specifies 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:
                      (a)     the rearrangement of lots remedies an existing boundary encroachment by a
                              building or structure;
                      (b)     the rearranged lots will be made more regular in shape;
                      (c)     access is provided to a lot that previously had no access or an unsuitable
                              access;
                      (d)     the rearranged lots better meet the overall outcomes for the zone and the local
                              plan area in which the site is situated;
                      (e)     the rearrangement of lots provides for a significant improvement in rural
                              productivity; or

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                      (f)     the rearrangement of lots results in a significant improvement in the protection
                              of environmental values.
               The proposal retains two lots which do not comply with minimum lot size standards. PO26 allows
               boundary rearrangements where an improvement to the existing situation is demonstrated, such
               as more regular lots, improved access, reduced encumbrances or better alignment with zone
               outcomes.
               PO26           Development provides that the rearrangement of lot boundaries is an improvement on
                              the existing situation.


               Assessment
               The proposed boundary realignment is an improvement on the existing situation by providing a
               more logical and functional configuration of the lots, including improved opportunities for ongoing
               access and maintenance.
               The proposed boundaries respond appropriately to the existing physical and environmental
               constraints of the site, with the established environmental values generally maintained and no
               reconfigured boundaries within mapped areas of Biodiversity or Riparian buffer.
               The realignment does not alter the existing access or infrastructure arrangements and is not
               expected to result in additional adverse impacts on adjoining properties or the surrounding area.
               Accordingly, the proposal can comply with PO26, subject to appropriate conditions of approval
               addressing the final survey plan, existing infrastructure and is supported.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               Not applicable
               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 RAL26/0023 for a Reconfiguring a Lot - Boundary Realignment
               situated at 139 Musa Vale Rd Cooroy Qld 4563 and described as Lot 1 RP 184583, Lot 2 SP
               269273, it is recommended the application be approved in accordance with the following details
               for the Decision Notice:
               1.     APPLICATION DETAILS

                Application No:                RAL26/0023

                Street address:                139 Musa Vale Rd Cooroy Qld 4563

                Real property description:     Lot 1 RP 184583, Lot 2 SP 269273

                Planning Scheme:               Noosa Plan 2020 (Amendment 3 - 20 March 2026)



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Document Set ID: 25121836
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               2.     DECISION DETAILS

               Council decided to issue the following type of approval:
               •      Development Permit for a Reconfiguring a Lot - Boundary Realignment (2 lots 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

               PLANNING
                      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.
                      Currency Period
               2.     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 25 September 2030,
                      unless an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                        Plan No.                 Rev.     Plan/Document Name                                Date

                        261149_001_PROP A                 Proposed Boundary Realignment – Lot 2 on          20/08/2026
                                                          SP269273 & Lot 1 RP184583

               4.     The development must be undertaken and operated in a manner that causes no detrimental
                      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
                      lighting nuisance or other emissions.
                      Boundary Encroachments
               5.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that:
                      a.      all utility services and connections (e.g., electricity, telecommunications, water,
                              sewerage) are wholly located within the lot they serve or alternatively included within
                              an easement;
                      b.      all existing crossovers and driveways, front and are wholly located within the lot they
                              serve or alternatively included within an easement;
                      c.      all existing effluent disposal areas are wholly located within the lot they serve and
                              comply with the boundary setback requirements of the Plumbing and Drainage Act
                              2002 and associated codes and requirements;
                      d.      all dams (including ponded water, dam walls and associated spillway structures) are
                              wholly located within the boundaries of a single lot; and
                      e.      all retaining walls and structures are fully contained within the lot they retain.
                      Services
               6.     Reticulated electricity and telecommunication services must be provided to each lot in
                      accordance with the standards and requirements of the relevant service provider.




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               7.     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.
               8.     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
               9.     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.
               10.    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.
               11.    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
               12.    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.
               5.     REFERENCE DOCUMENTS

               Not applicable.
               6.     REFERRAL AGENCIES

               Not applicable.
               7.     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
               1.     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
                      Building and Construction Industry (Portable Long Service Leave) Levy
               2.     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.
                      Plan Sealing
               3.     All works required by this permit must be completed and accepted by Council prior to
                      submitting an application for plan sealing.


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               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




                                                                                                      Page 8 of 8

Document Set ID: 25121836
Version: 4, Version Date: 25/09/2026

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