Delegated Report - Code - Planning RAL20 0026 · RAL20/0026

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0026
Applicant	Glenn & Neil Maher
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	30 October 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	11 January 2021
Report Completed Date	24 December 2020

PROPERTY DETAILS
Property Address	163 and 235 Upper Pinbarren Creek Road, Pinbarren
RP Description	Lot 272 on MCH1145 and Lot 58 on SP281564
Land Area	56.00 Hectares 13.86 Hectares
Existing Use of Land	Dairy farm

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity (Riparian Buffer, Waterway, MSES Regulated Vegetation (intersecting a watercourse and Category R GBR riverine) Bushfire Hazard Landslide Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring A Lot - Boundary Realignment. Existing Lot 58 is split into northern and southern portions by Upper Pinbarren Creek Road (refer to Figure 1), whilst existing Lot 272, adjoining the south western boundary of Lot 58, is land locked with no direct access to a road (refer to Figure 2).

Figure 1: Existing Lot 58

Figure 2: Existing Lot 272
The proposal aims to realign the boundary, to split the existing northern and southern portions of Lot 58, and amalgamate Lot 272 with the southern portion of Lot 58, resulting in the following lot sizes:
	Existing	Proposed
Lot 58	56.00 hectare	27.40 hectare
Lot 272	13.86 hectare	42.46 hectare
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposal Plan
site details
Site Description
The subject site is comprised of two lots, with existing Lot 58 being split into northern and southern portions by Upper Pinbarren Creek Road, whilst existing Lot 272, adjoining the south western boundary of Lot 58, is land locked with no direct access to a road.
The site is undulating, and has been predominately cleared of vegetation in the past. The site contains a dairy and cropping farm, with the dairy shed located on the southern portion of Lot 58, adjacent to Upper Pinbarren Creek Road.
Surrounding Land Uses
The site is located within the area of Pinbarren, and is surrounded by large rural zoned allotments. The surrounding area is utilised for farming and a majority of the lots contain dwelling houses.
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
Noosa Plan 2020.
Noosa Plan 2020
The following codes from Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring a Lot Code
Works Codes; and
Biodiversity, Waterways and Wetlands Overlay Code.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
Reconfiguring a Lot Code
The proposed lot sizes do not comply with minimum lot sizes required under the Reconfiguring a Lot Code, as per the below table.
	Noosa Plan 2020 requirement	Existing	Proposed
Lot 58	100 hectares	56.00 hectares	27.40 hectares
Lot 272	100 hectares	13.86 hectares	42.46 hectares
However, the proposal is for a boundary realignment, therefore, no new lots are being created. In addition, the proposal to realign the boundary is considered practical and responsive to the land constraints, as it separates existing Lot 58 at the existing divide created by the road, whilst amalgamating the currently landlocked Lot 272 with the southern portion of existing Lot 58, allowing the site direct access to the road network via Upper Pinbarren Creek Road.
As such, the proposed realignment raises no concerns in regards to lot size.
Biodiversity Overlay Code
The proposed lot reconfiguration creates a new boundary through the riparian buffer (refer to Figure 3), however this boundary is located along the existing Upper Pinbarren Creek Road, and as such, will not result in additional impacts on the riparian buffer. As such, the proposed realignment raises no concerns in regards to the Biodiversity Overlay.

Figure 3: Riparian buffer
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 RAL20/0026 for Reconfiguring a Lot - Boundary Realignment situated at 163 and 235 Upper Pinbarren Creek Road, Pinbarren and described as Lot 272 on MCH1145 and Lot 58 on SP281564, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0026
Street address:	163 and 235 Upper Pinbarren Creek Road, Pinbarren
Real property description:	Lot 272 on MCH1145 and Lot 58 on SP281564
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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
15-3816AE	NA	Plan of Proposed Reconfiguration of Lot 58 on SP281564 & Lot 272 on MCH1145, prepared by Max Watterson + Associates	26/10/2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 24 December 2024, unless an application to extend the currency period is approved by Council.
Electricity and Telecommunication Services
Electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT