Minor Change Report RAL19 0037.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	RAL19/0037.01
Development Approval	Reconfiguring A Lot - Boundary Realignment
Applicant	K J Shaw Pty Ltd
Request Received On	18 February 2022
Report Reviewed By	Nadine Gorton
Decision Due Date	18 March 2022

PROPERTY DETAILS
Property Address	98 Coveys Rd Tinbeerwah 82 Coveys Rd Tinbeerwah 66 Coveys Rd Tinbeerwah 39 Tinbeerwah Rd Tinbeerwah
RP Description	Lot 5 RP 172460 Lot 4 RP 172460 Lot 2 RP 172460 Lot 7 RP 895754
Land Area	27,115.25m² 18,505.67m² 68,057.68m² 227,078.55m²
Existing Use of Land	Rural

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Agricultural Land Biodiversity, Waterway and Wetlands (Riparian Buffer Area & Area of Biodiversity Significance) Bushfire Hazard – (High and Potential impact) Landslide Hazard Regional Infrastructure (Water Supply Catchment)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for Reconfiguring a Lot – Boundary realignment as follows:
Change to Condition 2 – Plan and document table to reflect the building envelope and effluent disposal area and update to Bushfire Management Plan to be consistent with the revised proposal plan.
Change to Condition 5 which seeks a metes and bounds plan indicating house site and effluent disposal areas to be undated to refer to the areas as per the approved plans.
Change to Conditions 19 & 20 to update reference to the new version of the Bushfire Management Plan.
The applicant has provided a metes and bounds plan with the new house site and effluent disposal areas and a new version of the bushfire management plan.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed layout with new building/effluent envelopes

background
A development approval for a Reconfiguring A Lot - Boundary Realignment was approved on 8 April 2020. The applicant proposed to realign the boundaries of the four existing lots, resulting in two lots with frontage to Coveys Road and two lots with frontage to Tinbeerwah Road.  Refer Figure 3.

Figure 3 - approved proposal
assessment
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
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development the changes are minor in nature with the intent of the approval remaining the same;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring a Lot Code;
Works Codes;
Overlay Codes:
Biodiversity, Waterway and Wetlands (Riparian Buffer Area & Area of Biodiversity Significance)
Bushfire Hazard – (High and Potential impact)
Landslide Hazard
Regional Infrastructure Overlay Code.
The proposed changes are consistent with Noosa Plan 2006 for which the original proposal was approved under.  Further, the changes are consistent with the provisions Noosa Plan 2020.
The requested changes are as follows.
Condition 2
Approved Plans
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
H19029K1	-	Proposed Realignment of Boundaries (Sheet 1 of 3), prepared by Hass Survey As annotated by Council	24.2.2020
H19029K2	-	Proposed Realignment of Boundaries (Sheet 2 of 3), prepared by Hass Survey As annotated by Council	24.2.2020
J000545	V1	Bushfire Hazard Assessment And Management Plan prepared by North Coast Environmental Services	25/02/2020

Applicant’s Request

Assessment of Request
The original approval required the common boundaries of Lots 8, 9 & 10 to be amended.  Although building envelopes were shown over Lots 8 & 9, there were no effluent disposal areas identified. The applicant has responded to Council’s annotation of the original plan of development and Condition 5 of the approval, submitting plans that show an amended layout and building/effluent disposal areas.
It was recommended in the original approval the common boundaries of Lot 8, 9 and 10 be amended to generally contain the existing vegetation within proposed Lot 10 (Figure 3).
Figure 3 – Recommended amendment to common boundaries of Lot 8, 9 and 10
The proposed building and effluent disposal envelopes as submitted with this application are responsive to the constraints of the site and presents an outcome that is consistent with the intent of the existing approval.  The requested change is supported.

Condition 5
The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas, including outbuildings and the like for the proposed lots. The areas must be in accordance with the approved plans Proposed Realignment of Boundaries (Sheets 1 - 2) and numbered H19029K1, H19029K2 and H19029K3 and prepared by Hass Survey and dated 24.2.2020 and as annotated by Council. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.

Applicant’s Request
The building envelopes for Lots 8 & 9 on the plans submitted by the applicant are larger than originally approved.  The applicant was asked the reasoning and their response is as follows:

The parameters of the building envelope have been redesigned due to being generally in accordance with the amendment to the boundaries which resulted in two regular shaped allotments. The Building Envelopes have subsequently been refined to reflect the alignment of the more regular shaped allotments, resulting in the Building Envelopes being more regular in shape i.e. the original building envelopes were irregular and wider in some dimensions and narrower in others. The increase to the BLE's areas has been sited based upon setbacks and siting constraints including:
10m from front and side boundaries in accordance with Schedule 1 - Minimum Boundary Setbacks for Buildings and Other Structures under the Noosa Plan 2006, which the application was originally assessed against.
Building envelopes are situated within already cleared areas and no clearing is required for a future dwelling house or associated outbuildings or access.
The building envelope minimum area of 1,000m² under the Noosa Plan 2006 for a "House Site" does not preclude a larger area being proposed where suitable land is available for the future siting opportunities for a dwelling and associated structures.
Both proposed Lots 8 & 9 are wholly situated on land with a topography higher than 98.5m AHD in respect to the Lake MacDonald Water Supply Catchment Area (s24.1 - Cooroy / Lake MacDonald Locality Plan Code) and therefore does not limit the area of the Building Envelopes.
Offset distance from existing hazardous vegetation to a minimum of 75 metres from the rear of the building envelope to the west consistent with the Bushfire Management Plan and Assessment which reflects the inconsequential clearing as a result of the new fenceline for proposed Lot 9. This was as a result of Council's original assessment which annotated the plan to revise the alignment of the rear boundary of proposed Lots 8 & 9. The original delegated report dated 8 April, 2020, stated:
"Some minor clearing may be required at the northwest corner of Lot 9 in order to construct a fence, such clearing is considered inconsequential and overall an enhanced outcome in comparison to the existing allotment arrangement."
The revised Building Envelopes have been assessed by the Bushfire Management Specialist and achieve the required bushfire management requirements.
The building envelopes have been refined for the purposes of conditions 4 & 5 for disclosure to future purchasers.
The revised building envelopes are entirely consistent with the intent of a rural lifestyle allotment which includes outbuildings associated with a rural allotment. Outbuildings are often sited a distance away from the primary dwelling for land use purposes consistent with the intent of the rural zone.  The increase to the building envelopes is to ensure that future owners have scope and options to site buildings and structures within the usable land area.

The consistency with the intent of a rural lifestyle allotment can be seen in nearby properties at Tinbeerwah Road.  In particular, the adjoining properties at 31 and 61 Tinbeerwah Road have many outbuildings spread out over a large area. Those properties each have several outbuildings which include sheds, garages, stables, hen-houses, shade-houses, and children’s cubby houses. Those types of outbuildings are all part of the rural lifestyle which makes rural land so attractive to those who want to enjoy Noosa’s rural land to the full. It is important to have the BLEs as currently proposed to ensure that future owners have scope and options to site buildings and structures within the usable area.

We consider limitations on the potential Building Envelope Area would be onerous and restrictive on the siting of future dwelling and associated outbuildings on both Lots 8 & 9, given the BLE areas are wholly within areas that are unconstrained.

Assessment of Request
The proposed building envelopes and effluent areas comply with the setback requirements under Noosa Plan 2006 and 2020 and comply with the bushfire requirements as outlined in V2 of the Bushfire Management Plan. They are also located in existing cleared areas, so no vegetation will be impacted. Further the landslide hazard overlay is not present within these areas.
The Engineering Co-ordinator and Senior Environment Officer have reviewed the Bushfire Management Plan and the metes and bounds documents submitted by the applicant and are satisfied with the proposed changes.
The proposed building and effluent disposal envelopes are responsive to the constraints of the site and presents an outcome that is consistent with the intent of the existing approval. The requested change is supported.

Conditions 19 & 20
Bushfire
The development must be carried out in accordance with section 6 of the Bushfire Hazard Assessment and Management Plan V1 listed within this Decision Notice. *(Refer to Advisory Note)
A copy of the Bushfire Hazard Assessment and Management Plan V1 report listed within this Decision Notice must be provided to the nearest fire authority.

Applicant’s Request

Assessment of Request
Development Assessment’s Senior Environment Officer has reviewed the Bushfire Management Plan Version 2 and is satisfied with the methodology and recommendations.  Therefore, the requested change to refer to Version 2 of the Bushfire Management Plan in existing conditions 19 & 20 is supported.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Senior Environment Officer, Development Assessment (no requirements or comments)
Coordinator Engineering, Development Assessment (no requirements or comments)
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. RAL19/0037.01, to make a minor change to an existing approval for Reconfiguring a Lot – Boundary Realignment situated 98 Coveys Rd, 82 Coveys Rd, 66 Coveys Rd  & 39 Tinbeerwah Rd, Tinbeerwah and described as Lot 5 RP 172460, Lot 4 RP 172460, Lot 2 RP 172460 & Lot 7 RP 895754, Council on 18 March 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2, 5, 19 & 20 to read as follows:
2.	Approved Plans
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
M2843-01	B	Proposal Plan Sheet 1 of 2, prepared by JFP Urban Consultants Pty Ltd	24.11.2021
M2843-01	-	Proposal Plan Sheet 2 of 2, prepared by JFP Urban Consultants Pty Ltd	24.11.2021
J000545	V2	Bushfire Hazard Assessment and Management Plan prepared by North Coast Environmental Services	14.01.2022

5.	The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas, including outbuildings and the like for the proposed lots. The areas must be in accordance with the approved plans M2843-01 (Sheets 1 & 2) prepared by JFP Urban Consultants Pty Ltd, dated 24.11.2021. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
19.	The development must be carried out in accordance with section 6 of the Bushfire Hazard Assessment and Management Plan V2 listed within this Decision Notice. *(Refer to Advisory Note)
20.	A copy of the Bushfire Hazard Assessment and Management Plan V2 report listed within this Decision Notice must be provided to the nearest fire authority.

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Condition 2

Request: It is requested that condition 2 Plans/ Documents of Approval list is updated to reflect the minor changes
to the proposal plans and Bushfire Hazard Assessment and Management Plan. It is requested that condition 2 is
updated as follows: -

Approved Plans
2. 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

 

 

 

 

 

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Plan No. Rev. | Plan/Document Name Date
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2843-01 peepee bytes nti 24.11.2021
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Proposal Plan Sheet 1 of 2, prepared by JFP Urban
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19029K2 = _ | Proposed Realignment of Boundaries Sheet 2.0f 3), 242.2020
2843-01, B | propared.by Hass Sumvey 24.11.2021
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Proposal Plan Sheet 2 of 2, prepared by JFP Urban
Consultants Pty Ltd
3000845 M4_| Bushfire Hazard Assessment And Management Plan prepared | 25/02/2020
v2_| by North Coast Environmental Services 14.01.2022

 

 

 

 

 

 


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Condition 5

Request: It is requested that condition 5 is updated with the amended proposal plan (Sheets 1 & 2) references, as
follows:

S. The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and
effluent disposal areas, including outbuildings and the like for the proposed lots. The areas must be in
accordance with Plan Number M2843-01 (Sheets 1 and 2) prepared by FP Urban Consultants Ply Utd and
dated 24.11.2021.

 

‘yCounci The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone S6


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Request: It is requested that conditions 19 & 20 are updated as follows: -

19. The development must be carried out in accordance with section 6 of the Bushfire Hazard Assessment and
‘Management Plan ¥4 V2 listed within this Decision Notice. *(Refer to Advisory Note)

20. A copy of the Bushfire Hazard Assessment and Management Plan ¥4.V2 report listed within this Decision Notice
must be provided to the nearest fire authority.