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3076Bdy Alt Report
ae ere | MAX WATTERSON+ASSOCIATES | CONSULTING SURVEYORS & PLANNERS REPORT TO ACCOMPANY DEVELOPMENT APPLICATION FOR RECONFIGURATION OF LOTS ADDRESSES: PROPERTIES: APPLICANT: 169 & 173 MUSA VALE ROAD, COOROY LOT 5 & 11 ON RP35115 LOUISE STALEY PLAN OF DEVELOPMENT: 11-3076AA DATE: 10° DECEMBER 2021 PRINCIPAL 12 Maple Street (PO Box 639) Cooroy Q 4563 ABN 59 847 644 252 Max L. Watterson PH 07 5442 6121 Cadastral Surveyor (Qlid) FAX 07 5442 5125 B.Surv(UNSW). M.S.S.S.| EMAIL [email protected]
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1. SITE
1.1. PROPERTY DETAILS: –
Description: Lots 5 and 11 on RP36115 – 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
- Medium 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 11
No. 173 Musa Vale Road (Lot 11) is a small rural residential property located on the
eastern side of Musa Vale Road approximately 1.6 kilometres south of Cooroy Belli
Creek Road and containing 3005m².
The property contains a dwelling house, a studio and a carport. The land slopes
down from the road frontage to a dam located on a watercourse that traverses the
property. The property is burdened by Easement B on RP167006 to benefit Lot 5 on
RP35115.
Lot 5
No. 169 Musa Vale Road (Lot 5) is a rural property located on the eastern side of
Musa Vale Road, which surrounds Lot 11 and contains 6.144ha.
The property contains a dwelling house and associated outbuildings. The land
slopes down from the Musa Vale Road frontage to a water course and then steeply
up to a ridgeline along the eastern boundary. The property has generally been
cleared of treed vegetation in the past for the rural use.
Services & Access
Power and telephone services are connected and available to the properties from the
Musa Vale Road frontage.
Both properties have a driveway access to Musa Vale Road; which is a good quality
gravel road.
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2. PROPOSAL
The carport pertaining to No. 173 (Lot 11) encroaches upon No. 169 (Lot 5) by up to
2.62 metres. A copy of a Boundary Identification Survey Plan (IS235929) of Lot 11
on RP35115 is attached in Appendix B.
It is proposed to realign the common boundaries of the subject 2 lots as shown on
the Plan of Proposed Reconfiguration (Ref 11-3076AA contained in Appendix C)
showing the extent of the encroachment.
The proposed new northern boundary of Lot 11 has been located to be clear of the
carport and retains the position of the eastern end of the boundary. The relocation of
the boundary transfers 156m² from Lot 5 to Lot 11.
The proposed new southern boundary of Lot 11 has been located to include the
same area of land being transferred on the northern boundary and also retains the
position of the eastern end of the boundary. That is, the relocation of the boundary
transfers 156m² from Lot 11 to Lot 5.
Therefore, the proposal includes the nett transfer of 0m² between the Lots.
The proposed new boundaries have been re-located to eliminate the encroachment
of the carport and transfer an equal area of land between the Lots. The proposal
improves the amenity and utility of Lot 11without impact upon the amenity of Lot 5.
The existing driveway access points onto Musa Vale 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.
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 – Regulated vegetation mapping management
map (Category B extract).
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• Koala habitat Area – Core koala habitat area.
The proposed altered boundaries are located within the areas mapped as Category B
vegetation and Core Koala habitat area; therefore, it is considered that the
application will 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:
• Agricultural Land: Agricultural Land Conservation Area
• Biodiversity: Area of Biodiversity Significance
Riparian Buffer Area
Waterway
• Bushfire Hazard: High Potential Bushfire Intensity
Moderate Potential Bushfire Intensity
Potential Impact Buffer
• 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.
Notwithstanding the above it is considered that the proposal can satisfy the relevant
requirement of Performance Outcome PO5 for the following reasons:
• The proposed lots are appropriate with the intended use and the character of
the local area.
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• The proposed Lot boundaries eliminate the significant encroachment of a
carport.
• 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.
• 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.
• 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 areas mapped as Riparian
Buffer and Area of Significant Vegetation on the Biodiversity Overlap Map. However
the existing boundaries are not fenced and the proposal does not increase the length
of boundaries within the mapped areas.
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.
5. CONCLUSIONS
The planning assessment has been prepared to accompany a code assessable
application for a Development Permit for Reconfiguration of Lots 5 and 11 on
RP35115 to realign the common boundaries.
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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 Mila Max Watterson
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APPENDIX A
Smartmap of the Local Area
7
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APPENDIX A
Smartmap of the Local Area
Page 8
48 82 84 86
152°52'44".841 80 152°53'00" 152°53'09".946
2
26°27'15".018 6 SP269273 26°27'15".018
707
40 SP194124 1
RP184583
707
40
FH
6252m²
9
SP194124
1 FH
FH RP35116 3
FH
1 FH SP119744
RP167007
38 4.282ha 2
9019m²
38
FH
RP167007 FH 4.883ha
7541m²
19.93ha FH
21
5 SP269273
11
RP35115
RP35115 4.218ha
AD
2.49ha
RO
A FH
RP
3005m²
2
E
167006B
AL
RP
167006
AV
36 RP167008 A
FH 36
MUS
RP216953
10
RP35115
26°27'30" 26°27'30"
FH FH
FH
6.144ha
6753m²
2
11.9786ha RP173214
34 1 34
RP167008 28.65ha
1
RP173214 FH
FH
4876m²
FH 548
A
CG1067
SP120503 1 FH
9 9.241ha
PP RP35115 RP35115
70726°27'41".697
32 00 m N FH 17.9655ha26°27'41".697
32
12.08ha FH 1
RP211574
7.32ha 16.1874ha
FH
6.971ha 23.15ha
152°52'44".841 152°53'00" 152°53'09".946
48
80 00m E 82 84 86
0 100 200 300 400 500
STANDARD MAP NUMBER
9445-22343 HORIZONTAL DATUM:GDA94 ZONE:56 SCALE 1 : 5000
m
SmartMap
An External Product of
MAP WINDOW POSITION &
NEAREST LOCATION SmartMap Information Services
SUBJECT PARCEL DESCRIPTION CLIENT SERVICE STANDARDS Based upon an extraction from the
Digital Cadastral Data Base
PRINTED 13/12/2021
DCDB
Lot/Plan 5/RP35115
Area/Volume 6.144ha
152°52'57".394 DCDB 10/12/2021
26°27'28".358 Tenure FREEHOLD
EERWAH VALE Local Government NOOSA SHIRE
3.76 KM Users of the information recorded in this document (the Information) accept all responsibility and
Locality COOROY
risk associated with the use of the Information and should seek independent professional advice in
Segment/Parcel 25816/5 relation to dealings with property.
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 liability 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 (c) The State of Queensland,
connection with any use of or reliance on the Information (Department of Resources) 2021.
GDA For further information on SmartMap products visit
https://www.qld.gov.au/housing/buying-owning-home/property-land-valuations/smartmaps
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APPENDIX B
Plan of Boundary Identification Survey (IS235929)
of Lot 11 on RP35115
showing extent of the encroachment
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REFERENCE MARKS DIAG
STN TO ORIGIN BEARING DIST é & 3 7/25
/ OIP 3B/RP216953 5°’ O-775 SPII9744. —
3 OIP. 5a/RPIE 7006 27y 1185
4a OP 4/RP167006 102°04'50” tl
6 OIP /7/RP184583 308°2 7/40” 0-97
A
s
©
e
¢
Encroachment notice issued to the
owner(s) of Lot 5 on RP351/5 on 16/2/11,
in accordance with s/9 of the Survey and
Mapping Infrastructure Regulation 2004.
3005 m?
CALC & ORIG
5
RP35S
: « RP35IIS
Y/ & 1898867
id &
Scale |: 400 — Lengths are in Metres.
i 1 j 1 J 1 1 I 1 L J
5 0 5 10 15 20 25 40 45 50 55
and that the plan is accurate, that the said survey was
30 35
comprised’ this plon wos surveyed by me personaly » MAX WATTERSON & ASSOCIATES |on ooo ™oness
performed in accordance with the Survey and Mapping SURVEYORS, PLANNERS & DEVELOPMENT CONSULTANTS oP, Original Gomer Peg
associated Regulations and Standards and that the SHOP |, 10 MAPLE STREET. TELEPHONE {533 5442 6121 i tnePeg
said survey was completed on I1/2/II. P.O BOX 639, COOROY 4563 FAPATL ff 07) 5442 5125 orM Original Permanent Mark
~ , . [email protected] feet gn neterence Tree
Dist'd Mark Disturbed
Renwd Mark Re ed
‘ Mile PROJECT JOBNO | | /3076 cen Rep Contre Round Fence Post
EN cee ne eee eeeeen Ce Centre S Fence Post
Date to lzfu . Cadastral Surveyor PLAN OF IDEN TIFICATION SURVEY SCALE |: 400 Cen GIFP Centre Gaivanised iron Fence Post
~ — . C.face SFP | Centre Face Square Fence Post
This plan is of an Identification Survey only, and as such
is not examined for registration by the Office of the |
Registrar of Titles, although it Is lodged in that Office, of Lot Il on RP35115 MERIDIAN 15194400
for survey information only, in accordance with th
Survey ‘and Mapping inirastrvcture At 2003 and Surveyors (0. P or 280) MAP REF 9445— 2234
Act 2003 and associated Regulations and Standards. No ; '
responsibility can therefore be accepted for any future Parish of Tu ch ekoi LOCALITY COOROY
difference in boundary definition, which may result from
resurveys of adjoining lands or subsequent registration Cou n ty of M arch | S 2 3 5 92 9
of new survey plans. LOCAL GOVT SUNSHINE COAST R.C.
Page 11
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APPENDIX C
Plan of Proposed Reconfiguration
of Lots 5 and 11 on RP35115
(Ref: 11-3076AA)
9
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APPENDIX C
Plan of Proposed Reconfiguration
of Lots 5 and 11 on RP35115
(Ref: 11-3076AA)
Page 12
MUSA
3
SP119744
RP173214
THE PROPOSAL INCLUDES:
« THE TRANSFER OF 156m? FROM LOT 5 TO LOT 11.
« THE TRANSFER OF 156m? FROM LOT 11 TO LOT 5.
e THE NETT TRANSFER Om? BETWEEN THE LOTS.
Scale 1:1500 - Lengths are in Metres
15 30 45 60 75 90 105
= 2 = wr
150
MAX WATTERSON
ASSOCIATES
12 Maple Street
PO Box 639
Cooroy Qld 4563
Ph. (07) 54426121
Fax. (07) 54425125
Email. [email protected]
Client L. STALEY
Project:
PLAN OF PROPOSED
RECONFIGURATION
OF LOTS 5 & 11 ON
RP35115.
LOCAL GOVT: NOOSA S.C.
LOCALITY: COOROY
Scale: 1:1500 Plan 1 of 1
Datum: Date: 15-10-2021
Origin:
Cont.| Ref:
ont. Int:
11-3076AA
NOTE:
This plan has been prepared for duscussion
purposes only and may be subject to change.
Dimensions and areas shown hereon are
approximate only and subject to final survey.