Delegated Report - Code - Planning RAL22 0030

Author	Graduate Development Planner, Jada Lyons
Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0030
Applicant	Robyn L Reid
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	27 October 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	10 January 2023
Report Completed Date	30 January 2023
Report Reviewed By	Lisa Pienaar

PROPERTY DETAILS
Property Address	579 Upper Pinbarren Ck Rd Kin Kin Qld 4571 246 Pender Creek Rd Kin Kin Qld 4571
RP Description	Lot 278 MCH 1248, Lot 277 MCH 1248
Land Area	Lot 277 – 15.97ha Lot 278 – 16.78ha
Existing Use of Land	Dwelling houses and associated structures

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Waterways Landslide Hazard Overlay High Hazard Area Moderate Hazard Area Koala Habitat Area Core Koala Habitat Locally Refined Koala Habitat Area
Assessment Type	Code
PROPOSAL
The application seeks approval for Reconfiguring a Lot - Boundary Realignment. The applicant seeks to slightly realign a small portion of the common boundary between the lots to eliminate the frontage of Lot 277 to Pender Creek Road. The relocation of the boundary will transfer approximately 3,761m2 from Lot 277 to Lot 278 and will improve access to Lot 277. There is no proposed change to the provision of power and telecommunication services.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Site Description
The subject sites are large rural lots with existing dwelling houses and associated structures. The subject sites are heavily vegetated and exhibit a steep slope from south to north. Lot 277 has frontages to Upper Pinbarren Creek Road and Pender Creek Road. Lot 278 gains access from Pender Creek Road.
Surrounding Land Uses
Surrounding lots are similarly sized, heavily vegetated lots used for rural lifestyle purposes. Woondum National Park is located to the west of the subject sites.
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 the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring a Lot Code.
The subject sites are located in Kin Kin and are zoned Rural. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site area	Minimum 100 hectares	Existing Lot 277 – 15.96 ha Lot 278 – 16.78 ha Proposal Lot 277 – 15.61 ha Lot 278 – 17.16 ha	X
Rearrangement of Lot Boundaries
Acceptable Outcome AO26 of the Reconfiguring a Lot Code requires that the rearrangement of lot boundaries results in an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions and at least one of the following is achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.

The proposed rearrangement of lot boundaries results in an improvement to an existing situation as it includes rearranging part of the boundary between the lots to improve access to Lot 277 from Pender Creek Road as currently the access is unsuitable.
The Reconfiguring a Lot Code requires a minimum lot size of 100 hectares for lots in the rural area. The existing lot sizes are 15.96 hectares and 16.78 hectares, which does not comply with the minimum lot size. The proposed rearrangement of lot boundaries will result in a transfer of 3,761m2 from Lot 277 to Lot 278 to result in lot sizes of 15.61 hectares and 17.16 hectares respectively.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering officer – conditions provided.
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 RAL22/0030 for a Reconfiguring a Lot - Boundary Realignment situated at 579 Upper Pinbarren Ck Rd Kin Kin Qld 4571 & 246 Pender Creek Rd Kin Kin Qld 4571 and described as Lot 278 MCH 1248, Lot 277 MCH 1248, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0030
Street address:	579 Upper Pinbarren Ck Rd Kin Kin Qld 4571, 246 Pender Creek Rd Kin Kin Qld 4571
Real property description:	Lot 278 MCH 1248, Lot 277 MCH 1248
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
22-5682AA	-	Plan of Proposed Reconfiguration of Lots 277 & 278 on MCH1248, prepared by Max Watterson & Associates	12/05/2022
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 30 January 2027 unless an application to extend the currency period is approved by Council.
ENGINEERING
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 (Energex, NBN) 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
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (Volume 1) as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.
Nature Conservation Act
It is the responsibility of the applicant to ensure compliance with the Nature Conservation Wildlife Management Regulation 2006 which is regulated by the State Government.
There may be a requirement to undertake a Flora Survey pursuant to Flora Survey Guidelines prior to any clearing activities pursuant to Chapter 4 of the Nature Conservation Wildlife Management Regulation 2006. Exemptions are listed in Division 5 of the same Act. Further information can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/protected-plants/ or by calling the Department of Environment and Heritage Protection on 1300 130 372.
There may also be a requirement to obtain State Government Approval of a Species Management Plan prior to any activities that tamper with any place that is being used by a native animal for breeding activities. This is regulated by Section 332 of the Nature Conservation Wildlife Management Regulation 2006. Further information regarding this matter can be obtained at this website https://www.ehp.qld.gov.au/licences-permits/plants-animals/species-management-program/ or by calling the relevant State Department.
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