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