planning report mitti realignment 15.02.22 · RAL22/0002

Page 2

Contents
1.0      Summary ........................................................................................................................... 3
  1.1        Development application details ................................................................................................3
  1.2        Planning instrument details .......................................................................................................3
  1.3        Referral agencies........................................................................................................................3
2.0      Site details ......................................................................................................................... 4
  2.1        Site description ..........................................................................................................................4
  2.2        Surrounding land uses ................................................................................................................4
3.0      Proposed development details .......................................................................................... 5
4.0      Planning assessment .......................................................................................................... 7
  4.1    Key matters................................................................................................................................7
    4.1.1 Lot shape .......................................................................................................................................... 7
5.0      State assessment and other matters .................................................................................. 8
  5.1    State interests ............................................................................................................................8
    5.1.1 Matters established in the Planning Regulation .............................................................................. 8
    5.1.2 State Planning Policy ........................................................................................................................ 8
6.0       Conclusion ........................................................................................................................ 9



Client Name:          Sarah Campbell
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version:              1
Date:                 15 February 2022




This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.

Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.




                                                                                                                                                Page 2 of 9

Page 3

1.0 Summary

1.1 Development application details
  Proposed development:        Reconfiguring a Lot (boundary realignment)
  Type of approval sought:     Development Permit for Reconfiguring a Lot
  Site address:                28 Mitti Street, Noosa Heads
                               30 Mitti Street, Noosa Heads
  Real property description:   Lot 36 on RP51935
                               Lot 37 on RP51935
                               Easement L968718K (Right of Way)
  Site area:                   Lot 36 - 843m2
                               Lot 37 – 778m²
  Assessment manager:          Noosa Council
  Owner details:               ACN606265472 Pty Ltd and Caana AM Pty Ltd
  Applicant details:           ACN606265472 Pty Ltd and Caana AM Pty Ltd
                               c/- Pivotal Perspective Pty Ltd

1.2 Planning instrument details
  State planning policy:       SPP 2017
  Regional plan:               SEQ Regional Plan 2017,
  Designation:                 urban footprint designation.
  Planning scheme:             The Noosa Plan 2020
  Zone:                        Low Density Residential
  Level of assessment:         Code
  Applicable overlays:         Acid Sulfate Soils (Area 2)
                               Biodiversity Overlay
  Applicable codes:            Noosa Heads Local Plan Code
                               Low Density Residential Zone Code
                               Reconfiguring a Lot Code
                               Works Codes



1.3 Referral agencies
Nil




                                                                            Page 3 of 9

Page 4

2.0 Site details
2.1 Site description
Table 1: Site description
 Site characteristic                                          Description

 Existing land use           Lot 36 – Dwelling house
                             Lot 37 – Dwelling house
                             Easement for tennis court (Right of Way – 544m2 approx)
 Frontage and access         Lot 36 – 16.9m to Mitti Street
                             Lot 37 – 16.8m Mitti Street
 Topography and views        Both lots adjoin Noosa National Park to the east.

 Existing vegetation         The dwellings are nestled amongst native vegetation.




Figure 1: Aerial view and site identification
Source: DA Mapping System


2.2 Surrounding land uses
Opposite the site top the west older multiple dwelling exist, while on the east side of Mitti Street there
are some community title developments in dwelling house form with most of this side of the street
being dwelling houses.




                                                                                               Page 4 of 9

Page 5

3.0 Proposed development details
Table 2: Summary of development aspects
 Reconfiguring a lot

 Existing lots                            2

 Proposed number of lots (subdivision)    2

 Lot Sizes                                The proposal seeks to resolve a boundary
                                          encroachment of a portion of a swimming pool, deck
                                          and facia of structures on Lot 36.

                                          The area 3.28m² associated with the lot
                                          encroachment will be swapped for the same amount
                                          of area for bin storage adjacent to the driveway for
                                          lot 37.




Figure 2: Proposal Plan




                                                                                     Page 5 of 9

Page 6

Figure 3: Photos of encroachment along the eastern boundary near pool, deck and bbq area




Figure 4: Photos of encroachment along the western boundary near bins and garage




                                                                               Page 6 of 9

Page 7

4.0 Planning assessment

4.1      Key matters
4.1.1 Lot shape
The lot sizes resulting from the proposal comply with the minimum lot size of 600m² sought by the
Planning Scheme. However, the proposal does result in a small variation in the common boundary
of the 2 subject lots and therefore are slightly irregular shapes. AO5.1 and AO5.2 of the
Reconfiguring a Lot Code seek that lots are the shape that can accommodate their intended use and
in are generally predominately a regular rectangular shape. These 2 provisions are provided below
for reference.

AO5.1
New lots are of a size and shape that can accommodate the land uses intended by the zone.

AO5.2
In general, lots have a predominantly regular, rectangular shape.

Editor's note-topographical constraints or environmental values may call for irregular property boundaries.

The corresponding Performance OutcomePO5 is also provided below for reference.

PO5
New lots have areas and dimensions that:
  (a) are consistent with the purpose and overall outcomes of the applicable zone or zones;
  (b) are consistent with the size and character of surrounding lots;
  (c) can accommodate land uses that are consistent with the purpose and overall outcomes of
       the applicable zone;
  (d) allow for siting and construction of buildings, structures, access ways and car parking while:-
         (ii) retaining ecologically important areas and ecological linkages;
         (iii) minimising risk of soil erosion, landslide, flooding and bushfire;
         (iv) minimising earthworks or retaining walls associated with construction on sloping sites;
         (v) retaining the scenic amenity and vegetated character of the landscape;
         (vi) retaining culturally significant features and protecting views to culturally significant
                features;
         (vii) minimising detrimental impacts of effluent disposal or storm water runoff; including
                open space for landscaping; ensuring safe vehicular manoeuvring areas without
                concentration of driveways in one space; and
         (viii) where not in a water or sewerage service area, allow for water storage tanks and
                suitable effluent disposal.

The proposal, while a slightly odd shape to accommodate the encroachments, comply with PO5 for
the following reasons:

•   the lots accommodate dwelling houses which is consistent with the purpose and intent of the
    Low density residential zone in which the lots are located;
•   the proposed change to the lot sizes is inconsequential as it will not be recognisable from the
    street;



                                                                                                  Page 7 of 9

Page 8

•   is minor in nature;
•   no change to the built form is proposed and the single dwelling houses that exist are consistent
    with the built form on the eastern side of Mitti Street;
•   no ecological important areas or ecological linkages are affected by this proposal;
•   the lots are not negatively affected by planning scheme constraints such as bushfire, slope or
    flooding;
•   no vegetation is removed for the proposal;
•   the lots are fully serviced.

It is acknowledged that the easement (for tennis court) will be required to be amended for this
proposal. A copy of the private easement terms and title documents are provided in this regard for
Council.




5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not located within the erosion prone area, as shown on the SPP interactive mapping
system.
.




                                                                                          Page 8 of 9

Page 9

6.0 Conclusion
The proposed boundary realignment in the Low Density Residential Zone of the Noosa Heads Local
Plan area is subject to code assessment and meets the relevant Outcomes of the of the applicable
codes. The proposed boundary realignment has been agreed to by the lot owners and does not
conflict with any provisions of the Planning Scheme.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a)   against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
         the development; and

         (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
         and

         Examples—
                 1           An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks.

                   2         An assessment manager may approve an application for development that does not comply with some of
                             the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                             response.

         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
         application only if compliance cannot be achieved by imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with all Acceptable and Performance
Outcomes of the applicable codes. The Assessment Manager’s favourable consideration of the
above development application is therefore recommended.




                                                                                                                      Page 9 of 9