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

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