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Delegated Report - Code - Planning RAL23 0009 [As Published] · RAL23/0009
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Sam Osakwe
Development Assessment
APPLICATION DETAILS
Application No. RAL23/0009
Applicant Bishop
Proposal Reconfiguring a Lot - Boundary Realignment
Properly Made Date 8 June 2023
Information Request Date 7 July 2023
Information Response Date 17 August 2023
Decision Due Date 22 September 2023
Report Reviewed & Tara Norley - 22 September 2023
Finalised By
PROPERTY DETAILS
Property Address 55 & 7 Happy Jack Creek Rd Ridgewood Qld 4563
RP Description Lot 8 & 9 SP 230072
Land Area 212600.00 m²
124000.00 m²
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production
Zone Rural
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Agricultural Land
Biodiversity, Waterways and Wetlands
Bushfire Hazard
Flood Hazard
Landslide Hazard
Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023
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Regional Infrastructure
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment across 2 lots,
Lot 8 & 9 SP 230072, addressed as 55 & 7 Happy Jack Creek Rd Ridgewood (“the subject site”).
The development proposes to transfer 9.117 hectares of land currently within Lot 8 to Lot 9 while
retaining all existing buildings, services, and access arrangements.
The applicant submits that:
The proposed lot layout is as follows:
• Lot 8 has an area of 12.14 hectares and has dimensions of (running clockwise from the
Happy Jack Creek Road frontage) 94.167m, 35.97m, 64.978m, 142.831m, 22.658m,
149.75m, 101.212m, 139.716m, 516.747m, 54.919m, 301.667m, and 168.55m.
The existing cottage accommodation will be retained on this allotment. Vehicle access will
be via Happy Jack Creek Road, as per the existing arrangement.
• Lot 9 has an area of 21.52 ha with dimensions of (running clockwise from the Happy Jack
Creek Road frontage) 36.061m, 156.358m, 175.201m, 155m, 268.077m, 550.85m,
139.716m, 101.212m, 149.75m, 173.599m, 132.777m, and 327.394m.
The existing house will be retained on this allotment. Vehicle access will be via Happy Jack
Creek Road, in accordance with the existing arrangement.
The locality and proposal plan are included below.
Subject Site
Figure 1 – Locality Map
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Lot 8
Lot 9
Figure 2 – Existing Conditions
Figure 3 – Proposed Site Plan
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2. SITE DETAILS
2.1. Site Description
The subject site is located on the western fringe of Ridgewood, north west of Cooroy State Forest.
Each lot has is improved with a dwelling, farm dams and associated outbuildings. Both site are
provided with separate access from Happy Jack Creek Road via rural style vehicle crossings and
driveways on the eastern boundary.
Vegetation on site comprise established trees scattered across the site, a majority of which adjoin
the dam and watercourse running through the eastern part of the subject site. The topography
across the site can be described as undulating and falls generally towards the dams and
watercourse scattered across the site.
2.2. Surrounding Land Uses
The site is surrounded by rural landholdings comprising large paddocks of environmental and
agricultural values.
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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Reconfiguring a Lot Code;
• Works Codes;
• Biodiversity, Waterways and Wetlands Overlay Code;
• Flood Hazard Overlay Code;
The subject site is located in Ridgewood and is zoned Rural. The proposal 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:
Criteria Existing Proposal Complies
Minimum Lot Size
• 100 hectares
• Lot 8 21.26 hectares 12.14 hectares X
• Lot 9 12.40 hectares 21.52 hectares X
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:
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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
(f) the rearrangement of lots results in a significant improvement in the protection
of environmental values.
The applicant submits the following:
“…While it is noted that Table 9.5.1.4 specifies a minimum lot size of 100 hectares in the
rural zone, the existing allotments are well below this area. There are a number of existing
allotments within the immediate area that are of a similar or smaller area than the proposed
new lot sizes. Proposed Lot 8 becomes similar in area to existing Lot 9, and proposed Lot 9
becomes similar in area to existing Lot 8.
The proposed boundary realignment allows for the existing buildings, access, infrastructure,
and vegetation to be retained. The existing individual water bodies will be retained within
proposed Lot 9.”
It is noted that the proposed boundary rearrangement does not specifically result in an
improvement to the existing situation, nonetheless, the proposal does not create an undesirable
outcome. The proposal is responsive to the existing site constraints, and the environmental values
on the site are generally maintained.
The proposal retains all existing access and infrastructure arrangements, and the boundary
realignment is unlikely to create any off-site impacts.
Biodiversity, Waterways and Wetlands – Riparian Buffer
The watercourse running along the eastern part of the subject site is mapped as a Riparian Buffer
Area and the proposed common boundary will cut through this mapped riparian area. The applicant
submits the following;
“A standard rural wire and star picket fence is proposed along the new internal boundary.
This will not impact the existing vegetation within the subject land. No clearing is proposed.”
It is noted that the existing common boundary currently cuts through a mapped riparian buffer
however, this area is generally cleared and disturbed, compared to the proposed boundary
location. The proposed boundary treatment is considered low impact and is not expected to create
an additional impact on the riparian buffer. As no vegetation clearing is required to establish the
fence or allow for the boundary realignment, ecological linkages on the site are maintained and
therefore, the proposal generally achieves the requirements of the overlay code.
Flood Hazard
The waterways running along the eastern part of the subject site are mapped as waterways in the
Flood Hazard Overlay, however the site does not contain any mapped Flooding and Inundation
Extent under the overlay. The development does not require any significant earthworks to facilitate
the subdivision, and no fill is required for the proposal.
It is noted that the proposal does not create any new lots, with existing access arrangements being
retained and therefore, both parcels retain all existing egress to enable people to progressively
evacuate to safe areas in flood events. The subject land also maintains its existing flood storage
capacity and existing drainage flows are maintained.
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4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Coordinator, Engineering – Comments as follows and conditions recommended.
The application is for a boundary realignment of the internal boundary between Lots 8 & 9
on SP230072. The only engineering issue was to confirm that the existing dam, dam wall
and overflow path were wholly contained within a single lot. This has been confirmed by the
applicant as part of their response to Council’s further information request.
No works, internal or external, are required. Relevant conditions have been included for the
provision of service certificates (Energex and NBN) for the new lots. It is noted that no
additional works are required.
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 RAL23/0009 for a Reconfiguring a Lot - Boundary Realignment
situated at 55 & 7 Happy Jack Creek Rd Ridgewood Qld 4563 and described as Lot 8 & 9 SP
230072, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL23/0009
Street address: 55 & 7 Happy Jack Creek Rd Ridgewood Qld 4563
Real property description: Lot 8 & 9 SP 230072
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot - Boundary Realignment
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.
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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 22 September 2027
unless an application to extend the currency period is approved by Council.
Approved Plans
3. 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
Sheet 1 of 1 G 13329-PRO-01 15/08/23
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
5. 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
6. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
complies with the relevant provisions of the planning scheme and the Building Act
1975, unless varied by this Decision Notice;
b. 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;
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
7. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
8. 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.
9. 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
10. 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.
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11. 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.
12. 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
13. 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. REFERRAL AGENCIES
Not applicable.
6. 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
14. 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
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
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12. 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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