5668BoundaryAltReport

Page 2

1. ITE

1.1. | PROPERTY DETAILS: -

Description: Lot 3 on RP175954 and Lot 2 on RP175675 — a copy of a Smartmap is
attached as Appendix A showing the location of the properties.

Noosa Plan Zone: Rural

Overlays: Biodiversity, Waterways & Wetlands Overlay
— Area of Biodiversity Significance
- Riparian Buffer Area
- Waterway
Bushfire Hazard Area Overlay
— High Potential Bushfire Intensity
- Potential Impact Buffer
Landslide Hazard Overlay
- High Hazard Area
- Moderate Hazard Area
Agricultural Land Conservation Area.

SE Queensland Regional Plan: Regional Landscape and Rural Production Area.

1.2. SITE DESCRIPTION

Lot 3

No. 40 Donnellys Road (Lot 3) is a rural property containing 28.04ha located on the
southern side of Happy Jack Creek Road approximately 1.0 kilometre north and west
of Cooroy-Belli Creek Road.

The property has frontage to Happy Jack Creek Road via a 440m long access handle
and has frontage to Donnellys Road via an Easement for Access (Emt A RP179954).
The property generally uses the Easement for access to the property as it provides a
bitumen access to urban areas.

The property is an orchard operation that includes a dwelling house and associated
outbuildings standing towards the southern boundary.

The land is undulating with several dams and areas of treed vegetation.

Lot 2
No. 56 Musa Vale Road (Lot 2) is a rural residential property located on the northern
side of Donnellys Road, which contains 3.691ha.

The property contains a dwelling house and associated outbuildings. The land is
undulating with areas of treed vegetation.

An Easement for access (Emt A RP1796654) traverses the property providing
access for Lit 3 Road to Donnellys Road. A well constructed gravel road is
constructed within the Easement.

Page 3

Services & Access

Power and telephone services are connected and available to the properties from the
Donnellys Road and Happy Jack Creek Road frontage.

2. PROPOSAL

The Easement for Access bisects Lot 2, which creates utility issues for the Lot.

It is proposed to realign the common boundaries of the subject 2 lots as shown on
the Plan of Proposed Reconfiguration (Ref 22-5668AB contained in Appendix C) to
eliminate the Easement.

The proposed new common boundaries of the Lots have been re-located along the
south-western boundaries of the Easement, so that the Easement and the land north-
east of the Easement are transferred to Lot 3. The relocation of the boundary
transfers 3,761m? from Lot 2 to Lot 3.

The proposed new northern boundary of Lot 2 has been re-located to the north of its
location and traverses a slash pine plantation. The relocation of the boundary
transfers 7,283m? from Lot 3 to Lot 2.

Therefore, the proposal includes the nett transfer of 3,522m? from Lot 3 to Lot 2.
The proposed new boundaries have been re-located to eliminate the Easement for
Access. The proposal improves the amenity and utility of Lot 2 without impact upon
the amenity of Lot 3.

The existing driveway access points onto Donnellys Road will continue to be utilised
following the Reconfiguration.

The provision of power and telecommunication services will remain in their current

configuration following the Reconfiguration; as they are available to both proposed
Lots.

3. STATUTORY ASSESSMENT — STATE GOVERNMENT

 

3.1 State Planning Regulatory Provisions

The site is included within the SEQ Regional Plan State Planning Regulatory
Provisions — Land Use Category of Regional Landscape and Rural Production; no
additional Lots are created therefore no further assessment is required.

Page 4

3.2 Referral and State Development Assessment Provisions

From Schedule 10 of the Planning Regulation 2017, the land is affected by:

° Fish Habitat Area — Qld waterways for waterway barrier works (low).
° Water Resources — Water resources planning area boundary.
. Native Vegetation Clearing -Categories R and X.

It is considered that the application will not have to be referred to SARA as a
concurrence agency.

3.3 State Planning Policies

The site is not mapped as being affected by any of the State Planning Policy’s State
interest

4. NOOSA PLAN 2020
The subject lands are located in the Rural Zone.
The subject lands are affected by the following Overlays of the Planning Scheme:

e Agricultural Land: Agricultural Land Conservation Area
e Biodiversity: Area of Biodiversity Significance
Riparian Buffer Area
Waterway
e Bushfire Hazard: High Potential Bushfire Intensity
Potential Impact Buffer
e Landslide Hazard: High Hazard Area
Moderate Hazard Area

The above overlays do not affect the level of assessment of the application.

The proposal has been assessed against the relevant codes including: The Lot
Reconfiguration Code, the Rural Zone Code, the relevant overlay codes and the
relevant development codes. The aspect of the codes that do not comply with the
Acceptable Solutions is discussed below.

4.1 Reconfiguring a Lot Code
Performance Outcome PO5

The proposed Lot areas do not comply with the preferred minimum lot size of 100ha
as specified in Table 9.5.1.4. of the code.

Page 5

Notwithstanding the above it is considered that the proposal can satisfy the relevant
requirement of Performance Outcome POS for the following reasons:

¢ The proposed lots are appropriate with the intended use and the character of
the local area.

e The proposed Lot boundaries eliminates the Easement for Access (Emt A
RP179954).

e The proposed layout eliminates an area of alienated land that is separated
form the Lot by a driveway, and will improved the utility and amenity of Lot 2.

e The proposed lot areas comply with the minimum prescribed area prescribed
in the relevant Planning Scheme at the time they were originally created.

¢ The new boundaries have generally been located to avoid traversing the
areas with significant vegetation.

e The size and the shape of the proposed Lots are sufficient to accommodate a
dwelling houses and effluent areas and are consistent with the character of
the local area.

e The shape of the Lots reflects the existing landform and extent of vegetation.

¢ There is no impact upon the provision of services or access to the Lots.

4.2 Overlay Codes

Specific Outcomes and Probable Solutions of Biodiversity, Waterways and
Wetlands Overlay Code

The new Lot boundaries created by the proposal transect an area mapped as
Riparian Buffer and Area of Significant Vegetation on the Biodiversity Overlap Map.
However, the actual vegetation is a slash pine plantation, therefore the proposal will
have no impact upon native vegetation.

Therefore, the proposal is a non-worsening of the current situation.

Specific Outcomes and Probable Solutions of Bushfire Hazard Overlay Code

The proposed Lots contain areas designated as Bushfire Hazard. The development
does not increase risk to people or increase the severity of any risks.

Specific Outcomes and Probable Solutions of Landslide Hazard Overlay Code

The proposed Lots contain areas designated as Slide Hazard. The development
does not increase risk to people or increase the severity of any risks.

Page 6

5. CONCLUSIONS

The planning assessment has been prepared to accompany a code assessable
application for a Development Permit for Reconfiguration of Lot 3 on RP179954 and
Lot 2 on RP175675 to realign the common boundaries.

The assessment concludes that the proposal complies with, or with the imposition of
relevant conditions, the relevant provisions of the applicable codes in the Noosa Plan
2020; therefore, it is recommended that the application should be approved subject
to reasonable and relevant conditions of approval.

| look forward to Council processing the application. Do not hesitate to contact this
office if you have any queries.

Yours faithfully

Jreke.

Max Watterson

Page 7

APPENDIX A

Smartmap of the Local Area

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{CARTERS RIOGE Local Government NOOSA SHIRE
Ks2nu Locality RIDGEWOOD Users of the information recorded in this document {the Information) accept alll responsibility and
Segment/Parcel 31130115 tisk associated with the use of the Information and should seek independent professional advice in

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relation to dealings with property,

connection with any use of or reliance on the information,
For further information on SmartMap products visit

 

 

Despite Department of Resources best efforts, RESOURCES makes
no representations or warranties in relation to the Information, and, to the extent permitted by law,
‘exclude or limit all warranties relating to correctness, accuracy, reliability, completeness or
currency and all fiability for any direct, indirect and consequential costs, losses, damages and
‘expenses incurred in any way (including but not limited to that arising from negligence) in

hitps:/Amww.qld. gov. au/housing/buying-owning-home/property-land-valuations/smartmaps

 

Queensland
Government
(c) The State of Queensiand,
(Department of Resources) 2022.

 

 

Page 9

APPENDIX B

Plan of Proposed Reconfiguration
of Lot 2 on RP175675 and Lot 3 on RP179954

(Ref: 22-5668AB)

Page 10

 

 

 

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