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Delegated Report - Code - Planning RAL23 0009 [As Published] · RAL23/0009

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               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
Full text of the other 8 pages

Page 2

                                                 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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Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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                                           Lot 8




                                         Lot 9




                                       Figure 2 – Existing Conditions




                                       Figure 3 – Proposed Site Plan


                                                                        Page 3 of 9

Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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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Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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.
                                                                                                        Page 5 of 9

Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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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Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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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Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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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Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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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.




                                                                                                       Page 9 of 9

Document Set ID: 22592744
Version: 4, Version Date: 25/09/2023

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