RAL22/0027 - Application For Reconfiguring A Lot (1 Into 2 Lots) At 28 Satinay Drive, Tewantin · Attachment 1 - RAL22 0027 - Planning Officer'S Report

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                   Figure 2 – Subdivision Proposal Plan




Figure 3 – Bushfire Hazard Overlay –High Bushfire Hazard (Noosa Plan 2020)

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Figure 4 – Neighbouring Vegetation (excerpt from Bushfire Risk Assessment & Management Plan)




          Figure 5 – Firebreaks afforded by the National Parks and Council Reserves

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2.       SITE DETAILS
2.1. Background
The development application was lodged with Council for assessment in October 2022. Prior to
Council issuing the Confirmation Notice the applicant was advised that the development was
inconsistent with Reconfiguring a Lot Code of the Noosa Plan 2020 and was unlikely to be
supported.
An Information Request was issued, the key items pertaining to:
     •    conflict with the Reconfiguring a Lot Code, as Noosa Parklands was not intended for further
          subdivision, with the intent being to uphold the established character of the Estate and
          reduce the number of people and properties at risk in the event of a bushfire.
     •    further bushfire modelling was required to identify the minimum separation distances
          required fronting the western and northern aspect of the proposed development was to
          achieve <29kW/m² radiant heat flux exposure to all limits of the proposed building envelope.
     •    The proposed lot width of 7.5 metres associated with the initial layout is not appropriate to
          accommodate a future development of the site.
The applicant decided to proceed with the application despite the non-compliance with the
Reconfiguring a Lot Code, reconfigure the subdivision to include a battle-axe lot to allow for an
increased lot width and provide revised modelling using State Planning Policy (SPP) and Bushfire
Resilient Communities (BRC) inputs.
2.2. Site Description
Lot 227 RP175941 is 1,416m2 in size, located at the end of a cul-de-sac. The development site is
bound to the north by Tewantin National Park, an extensive expanse of mature remnant forest in
the control of Queensland Parks and Wildlife Services and Partnerships (QPWS&P). Satinay Park
under the control of Noosa Council flanks the developments western boundary. Both Parks are
described as Remnant 12.5.6/12.5.3 Wet Eucalypt Open Forest and are attributed a vegetation
hazard class of 8.1.
2.3. Surrounding Land Uses
Satinay Drive is zoned Low Density Residential, typically housing single storey dwellings on lots
ranging from 1,000m2 to 1,400m2. Land to the north, west and portion of the southern boundary
adjoins National Park.
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;
•        Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP generally raises no further issues relevant to the proposed development.
State interests in the state planning policy not integrated or partly integrated:
State Planning Policy (July 2017)
•        Natural Hazards, risk and resilience – bushfire – in part

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      In December 2019, the State government released the Natural hazards, risk and resilience -
      Bushfire, State Planning Policy - state interest guidance material document (‘State interest
      guidance material’). The State interest guidance material was released in conjunction with
      the QFES Bushfire Resilient Communities (October 2019) technical reference guide, which
      provides supporting information that is akin to information often found in a planning scheme
      policy. These materials are the product of contemporary research into bushfire hazard
      conducted by the State government in conjunction with the CSIRO.
      The State interest guidance material includes assessment benchmarks and an example
      bushfire overlay code which is intended to be incorporated into local government planning
      schemes. It also includes a comprehensive bushfire prone area mapping methodology
      specific to QLD conditions and that are consistent with the methodology used to prepare the
      SPP Bushfire prone area mapping, available on the State Planning Policy Interactive
      Mapping System.
      The application of the assessment benchmarks and mapping methodologies detailed in the
      State interest guidance material and supporting QFES Bushfire Resilient Communities
      (October 2019) technical reference guide, when combined with the broadscale SPP Bushfire
      prone area trigger mapping, provides a coherent approach to the identification and
      management of bushfire risk across QLD.
      Council has a responsibility to consider both the existing planning scheme overlay provisions
      and the SPP in the assessment of applications. It is intended that the assessment provisions
      of the SPP apply to the extent of any inconsistency with the planning scheme until such time
      as the SPP may be fully integrated into the planning scheme with respect to bushfire hazard.

South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
•     Koala Habitat Area
While the development is located in a Koala Habitat Area the portion of the lot that is identified in
the area is exempted development in accordance with the Planning Regulation 2017 and does not
appear to have any koala food trees within the lot.
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Tewantin Locality and is zoned Low Density Residential. The
proposed use is identified as consistent with the zone and is required to follow a code assessable
application process.
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
•     Low Density Residential Zone Code;
•     Tewantin Local Plan Code;
•     Reconfiguring a Lot Code;
•     Bushfire Hazard Overlay Code;
•     Biodiversity, Waterways and Wetlands Overlay Code; and
•     Works Codes.
Bushfire Hazard
Acceptable Outcomes AO1.1, AO7 and AO8.3 of the Bushfire Hazard Overlay Code seek:

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AO1.1
      Development which will materially increase the number of people living or congregating on
      premises, including reconfiguring a lot, is not located within a medium or high bushfire hazard
      area.
AO7
      Each residential lot:

        a) includes a building envelope, identified on a plan of subdivision;
        b) is of sufficient size and shape to allow for efficient emergency access to buildings for
           fire fighting appliances (e.g. by avoiding battle-axe/hatchet lots and long narrow lots
           with long access driveways to buildings);
        c) where more than 2500m², achieves setbacks from hazardous vegetation in line with
           Bushfire Attack Level 29 requirements as per AS3959; and
        d) is designed so that buildings and structures are sited in locations of lowest hazard
           within the lot and elements of the development least susceptible to fire are closest to
           the fire hazard.
AO8.3

      Bushfire management measures are carried out on the subject property and not any
      adjoining property.
The proposed 1 into 2 lot subdivision is located in a high bushfire hazard area as identified by the
Bushfire Hazard Overlay (refer to Figure 3). The creation of a battle-axe lot within this area
increases the number of people living or congregating on the premises. The submitted Bushfire
Risk Assessment and Management Plan includes a nominated building envelope. The proposed
building envelope’s suitability (i.e., located outside of 29kW/m2) is flawed as it relies on a firebreak
on the adjoining land being managed by QPWS.
The application does not comply with the Acceptable outcomes and therefore is to be assessed
against the corresponding Performance Outcome.
The corresponding Performance Outcome seeks:
PO1
      Development maintains the safety of people and property from the adverse impacts of
      bushfire.
PO7
      Lot design and building siting minimises bushfire hazard risk to people and property.
In assessment against the Performance Outcome regard is given to the State Planning Policy 2017
(where not integrated in the Noosa Plan 2020) in determining whether the above Outcomes are
met.
The submitted Bushfire Risk Assessment and Management Plan identifies a building envelope
which achieves <29kW/m2 radiant heat flux. The material provided indicates that a separation of
16.7m from the northern boundary, and 11.3 from the western boundary would be required to
achieve 29kW/m2 to a designated building envelope and achieve the QPWS requirements of ‘fire
mitigation measures, including the establishment of fire protection buffers and/or building setbacks
consistent with urban interface requirements are placed on the subject land’. However, to achieve
this the building envelope relies on the separation distance afforded by the National Parks and
Council reserves buffers to achieve the appropriate 29kW/m2 separation from the hazardous
vegetation, as detailed in Figure 5.
In similar circumstances QPWS have previously advised that the severity of a potential bushfire is
to be based off factors within the landholders’ control, not based off third-party maintenance of a
firebreak to such a standard. The calculated exposure limits are therefore incorrect. A revised
assessment of the required separation distance from the hazardous vegetation, which was
undertaken by Council’s Senior Environment Officer, concludes an area of approximately only

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100m2 is suitable for a building envelope within Lot 2, refer to Figure 7. This is further reduced to
approximately 75m2 when considering the relevant planning scheme requirements such as building
setbacks, vehicle access, height limits etc.
The subject site, and resultant building envelope addressing bushfire risk, is not considered to be
of size suitable for subdivision, it has not been demonstrated that a suitable building envelope can
be provided on site that allows for the construction of a dwelling where the risk to people and
property is satisfactory.




  Figure 6 – Bushfire Consultant’s nominated building envelope (yellow, blue, green) (excerpt from Bushfire
                                    Risk Assessment & Management Plan)

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 Figure 7 – Council Calculations of Approximate Building Envelope Available (blue) (outside of BAL29 (19 to
                             29kW/m2) and setback minimum boundary setbacks)

Reconfiguring a Lot Code
   (1) The purpose of the Reconfiguring a lot code is to ensure that development:
      (a) results in lots that are appropriate for their intended use;
      (c) results in lots that are consistent with the desired character of the local area ensuring
      high quality urban design outcomes;
      (2) The overall outcomes sought for the Reconfiguring a lot code are:
         a) Development provides for lots that are of a size and have dimensions that are
            appropriate for their intended use and are consistent with the sizes of surrounding
            lots.
         b) Development provides for lots which are responsive to local character
            and site constraints such that the natural landform is not modified.
         d) Provides for a diverse mix of residential lot sizes and configurations to cater for
            different housing options.
         e) Development provides for subdivisions that result in the creation of safe and healthy
            communities by:
                    i.   avoiding or mitigating the risk to people and property from natural
                         hazards;
Performance Outcome PO4 of the Reconfiguring a Lot Code states:
PO4
      With the exception of lots intended to be used by the Council or State for community
      infrastructure, conservation purposes or public utilities, including road widening, no
      additional lots are created:
         a) in the Rural zone unless resultant lots have a minimum area of 100 hectares;
         b) in the Environmental Management and Conservation zone;
         c) on Noosa North Shore;
         d) in the Low density residential zone at Cooroibah;
         e) in the Low density residential zone where access is gained via:
                      i.  Noosa Banks Drive, Tewantin;
                     ii.  Golf Course Drive, Griffith Avenue (emphasis added) or Carramar
                          Street, Tewantin;
                    iii.  Lake Entrance Boulevard, Noosaville;
                    iv.   Lake Weyba Drive Noosaville, south of Eenie Creek Road; or

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                    v.   Habitat Place, Noosa Heads;
        f)   within a Water Supply Buffer Area as shown on Regional Infrastructure Overlay.
No Acceptable Outcome provided.
Acceptable Outcome AO7.3 of the Reconfiguring a Lot Code seeks:
AO7.3
      All reconfigured lots on land subject to a constraint or valuable feature identified on an overlay
      map contains a building envelope marked on a plan of development that demonstrates that
      there is an area sufficient to accommodate the intended purpose of the lot, that is not subject
      to the constraint or valuable feature or that appropriately responds to the constraint or
      valuable feature.
PO7

      Development provides for a lot layout and configuration of roads and pathways that is
      responsive to:-
        a) the setting of the site within an urban or non-urban context;
        b) any natural environmental values present on, or adjoining the site;
        c) any natural hazards affecting the site or adjoining land such that the number of
           properties or persons at risk is not increased;
        d) the terrain of the land, minimising the need for earthworks;
        e) any places of cultural heritage significance or character areas present on, or
           adjoining the site; and
        f) any important landmarks, views, vistas or other areas of high scenic quality present
           on, or able to be viewed from, the site.
The applicant seeks to subdivide a residential lot which gains access off Griffith Avenue and
therefore does not comply with Performance Outcome PO4. Further subdivision within the Noosa
Parklands Estate is not permitted for the purpose of maintaining the character and amenity of the
older estate, with the character being a consequence of the larger urban lots.
Satinay Drive consists of small to medium sized dwellings (predominately single storey) on lots
ranging from 1,000m2 to 1,400m2 in area. The smaller proposed lot sizes of 660m2 and 758m2,
whilst compliant with minimum lot sizes under the Reconfiguration of a Lot Code, are contrary to
the existing character of the area, development on these lots will likely result in reduced setbacks
and less area for meaningful landscaping and recreation space. The proposed lot sizes of 660m2
and 758m2 are not reflective of the local character. The required separation distances from
hazardous vegetation limits the area available for development, when considering the required
building setbacks for any future development of the site, an area of approximately 75m2 is available
for development (refer to Figure 7). The proposed lots are not of a dimension appropriate for their
intended use nor of a size consistent with the desired outcomes of local area.

The proposed building envelope by the applicant relies on the separation distance afforded by the
National Parks and Council reserve buffers to achieve the appropriate 29kW/m2 separation to the
building envelope, refer to Figures 5 and 6. The building envelope does not appropriately respond
to the natural hazard nor does it demonstrate that there is sufficient area for a dwelling, associated
structures and services.
Tewantin Local Plan and Low Density Residential Zone Code
The Low Density Residential Zone is intended to accommodate predominantly detached housing
on lot sizes consistent with the character of the area and which meets the needs of residents. The
proposal will result in a poor streetscape outcome and amenity for future residents as development
of Lot 2 is concentrated to the north eastern corner of the rear lot. Future dwellings are also likely
to require siting variations given proposed Lot 2’s site constraints.

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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:
•        Senior Environment Officer – as contained in the report.
5.       CONCLUSION & REASONS FOR DECISION
The application for the reconfiguration of 1 lot into 2 lots is not supported as the proposed lot sizes
are contrary to the existing character within Satinay Drive and the surrounding residential estate.
Due to significant bushfire risk separation is required from the hazardous vegetation on the
adjoining land, the proposed separation is not sufficient as it relies on other landowners (QPWS &
Council) maintaining a firebreak. The resultant building envelope achieved with the required
separation distances is not being sufficiently sized to accommodate a dwelling footprint.
Furthermore, the proposal results in an increase in the number of people and properties at risk
from bushfire.
The application is therefore recommended for refusal.


Departments consulted:
        Office of the CEO, Mayor &               Community Services          Corporate Services
                Councillors
        Mayor & Councillors                   Director                    Director
        Chief Executive Officer               Community Development       Financial Services
        Executive Officers                    Sport & Active Lifestyles   Fleet
        Community Engagement                  Arts & Culture              Revenue Services
        People & Culture                      Community Connection        ICT
        Governance                            Customer Experience         Commercial Property
        Strategy & Environment &              Development & Regulation      Infrastructure Services
        Sustainable Development
        Director                          x   Director                    Director
    x   Strategic Land Use Planning       x   Development Assessment      Infrastructure Planning, Design
                                                                          and Delivery
        Economic     Development      &       Local Laws                  Civil and Asset operations
        Destination Management
        Environmental Services                Environmental Health        Asset Management
        Innovation & Digital Hub              Building & Plumbing         Building & Facilities
                                              Property / Permits          Disaster Management
                                                                          Waste