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Town Planning Assessment Report

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Town Planning
Assessment Report
220 Black Mountain Range Road, Black Mountain

Development Permit to Reconfigure a Lot (1 Lot into 5 Lots)



June 2026
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Town Planning Assessment Report.pdf · 887 KB (small file)

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Page 2

Table of Contents
1.      SITE AND APPLICATION SUMMARY ................................................................................................................ 3
2.      PROPOSAL ............................................................................................................................................................................. 4
3.      BACKGROUND ..................................................................................................................................................................5
4.      SITE DETAILS........................................................................................................................................................................ 6
     4.1.        SITE DESCRIPTION ...................................................................................................................................................... 6
     4.2.        SURROUNDING LOCALITY....................................................................................................................................... 6
5.      ASSESSMENT REQUIREMENTS ...............................................................................................................................7
     5.1.        FRAMEWORK FOR ASSESSMENT ...............................................................................................................................7
     5.2.        ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ................................7
     5.3.        ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME ....................................................8
     5.3.1.           LEVEL OF ASSESSMENT ...........................................................................................................................................8
     5.3.2.           ASSESSMENT BENCHMARKS ................................................................................................................................8
6.      CONCLUSION ................................................................................................................................................................ 10




Appendices
     Appendix A                      Plan of Reconfiguration
     Appendix B                      Code Assessment
     Appendix C                      Preliminary Engineering Plans
     Appendix D                      Geotechnical Investigation Report
     Appendix E                      Traffic Engineering Assessment Report
     Appendix F                      Bushfire Hazard Assessment and Management Report
     Appendix G                      Owner’s Consent




                                                                                                                                                                           Page 2 of 10

Page 3

1.       Site and Application Summary
 Applicant
 Applicant:                  Threedom Nominees Pty Ltd
                             C/- Brennan Planning
 Contact Details:            Marcus Brennan
                             Mob: 0423 952 928
                             Email: [email protected]
 Registered Landowner(s):    Audrey Beth Butler


 Application
 Development Application:    Development Permit to Reconfigure a Lot (1 Lot into 5 Lots)
 Level of Assessment:        Code Assessable
 Referral Agencies:          SARA - State transport corridor (Schedule 10, Part 9, Division
                             4, Subdivision 2, Table 1, Item 1)
 Assessment Manager          Noosa Shire Council



 Subject Site
 Address:                    220 Black Mountain Range Road, Black Mountain
 Lot Description:            Lot 3 on SP258991
 Area:                       22.8292ha
 Easement(s):                Nil
 Regional Plan Designation   Rural Living Area
 Planning Scheme             Noosa Plan 2020 (26 September 2025)
 Local Plan:                 Nil
 Zone:                       Rural Residential
 Overlays:                   + Biodiversity, Waterways and Wetlands
                                   - Area of Biodiversity Significance
                                   - Riparian Buffer Area
                                   - Waterways
                             +     Bushfire Hazard
                                   - High Potential Bushfire Intensity
                                   - Potential Impact Buffer
                             +     Landslide Hazard
                                   - High Hazard Area
                                   - Moderate Hazard Area




                                                                                  Page 3 of 10

Page 4

2. Proposal
The proposed development application seeks approval for a Development Permit to Reconfigure a Lot (1
lot into 5 lots) over land at 220 Black Mountain Range Road, Black Mountain.

The proposal will create five (5) rural residential allotments. Proposed Lot 3 will retain the existing dwelling
house and shed, while proposed Lots 1, 2, 4 and 5 will each provide a suitable house site area for the future
establishment of a dwelling house. The proposed lots will each have frontage to Black Mountain Range
Road and will not require the creation of a new road.

The proposed lots will have the following approximate areas:


   Lot No.           Lot Area                     Frontage Width
   Lot 1             4.284ha                      320.92m to Black Mountain Range Road
   Lot 2             2.931ha                      135.26m to Black Mountain Range Road
   Lot 3             3.984ha                      82.97m to Black Mountain Range Road
   Lot 4             3.954ha                      166.91m to Black Mountain Range Road
   Lot 5             7.699ha                      10m to Black Mountain Range Road


Vehicular access will be provided from Black Mountain Range Road. Lot 1 will obtain access from the
western frontage, Lot 2 will obtain access midway along the lot frontage, Lot 3 will retain the existing access
serving the dwelling house, and Lots 4 and 5 will utilise a new 5m wide dual access at the common
boundary between the lots. A Traffic Engineering Assessment Report has been prepared by Modus at
Appendix E which demonstrates that each access is able to accommodate sufficient sight distance and

The subdivision layout responds to the rural residential character of the locality by creating large rural
residential lots with nominated house site areas positioned on suitable cleared and elevated parts of the
land. The proposal retains the existing drainage lines, dams and mapped riparian buffer areas as part of the
broader rural residential landscape and avoids the need for significant earthworks as part of the subdivision
works.

The application is supported by specialist geotechnical, traffic and bushfire reporting. These reports
demonstrate that the proposed lots are capable of accommodating future dwelling houses, vehicular
access, on-site wastewater disposal and appropriate bushfire management measures.

The proposed reconfiguration is shown in Figure 1 below:




                                                                                                      Page 4 of 10

Page 5

Figure 1 - Proposed Subdivision Layout


3. Background
A pre-lodgement meeting was held with Noosa Shire Council on 9 April 2025 in relation to a proposed 1 into
7 lot reconfiguration of the subject site.

The pre-lodgement discussions confirmed that the site is located within the Rural Residential Zone and is
affected by a range of overlays, including the Biodiversity, Waterways and Wetlands Overlay, Flood Hazard
Overlay, Bushfire Hazard Overlay and Landslide Hazard Overlay. Council noted that each proposed lot
would achieve the minimum lot size of 1.5ha required under the Reconfiguring a Lot Code.

The key issue raised by Council related to vehicle access and road safety, having regard to the constrained
horizontal and vertical geometry of Black Mountain Range Road. Council advised that any future application
would need to demonstrate safe and suitable access arrangements for each proposed lot, supported by
RPEQ-prepared engineering drawings and sight distance assessment.

Council also advised that any future application should demonstrate that each proposed lot contains a
suitable house site area, together with preliminary details of associated accessways, cut and fill, servicing
and effluent disposal areas. A geotechnical/slope stability assessment was also identified as being required
to demonstrate that the proposed house site areas are safe and appropriate.

In response to the matters raised at the pre-lodgement stage, the proposal has been supported by technical
reporting, including traffic engineering, geotechnical and bushfire assessment material. The proposed lot
layout has also been refined from the pre-lodgement concept to a reduced 1 into 5 lot outcome, which
assists in responding to Council’s pre-lodgement concerns regarding access, slope stability, servicing and
environmental constraints.




                                                                                                 Page 5 of 10

Page 6

4. Site Details
4.1. Site Description
The subject site comprises Lot 3 on SP258991 and has a total area of approximately 22.8292ha. The site is
bounded by Black Mountain Range Road to the west and south, the Bruce Highway road corridor to the
north, and rural residential properties to the east.

An existing dwelling house is located within the central-southern portion of the site, with a shed located
nearby. The balance of the site generally comprises open grassed paddocks used for rural residential and
pastoral purposes, with scattered vegetation, established drainage lines and several dams located within
the lower parts of the site.

The landform consists of a series of rounded spurs and flank slopes, interspersed with drainage lines that
generally fall to the north. The nominated house site areas are located on cleared and elevated parts of the
land, generally on spur crests or broad flank slopes, and are supported by the findings of the geotechnical
investigation.

Vehicle access is currently provided to the existing dwelling from Black Mountain Range Road. The
proposal will provide separate access arrangements for the proposed lots from Black Mountain Range
Road, as detailed in the traffic engineering material submitted with the application.

Refer to Figure 2 for an aerial photograph illustrating the site.




Figure 2 - Proposed Subdivision Layout



4.2. Surrounding Locality
The site is located within a rural residential locality on the northern side of Black Mountain Range Road. The
surrounding locality is characterised by rural residential lots, dwelling houses, open paddocks, vegetated
areas and associated rural residential improvements.


                                                                                                   Page 6 of 10

Page 7

5. Assessment Requirements
5.1.     Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
•      the Planning Regulation 2017
•      the Planning Scheme for the local government area
•      any temporary local planning instrument
•      any variation approval

Of these, the planning instruments relevant to this application are discussed below:


5.2.     Assessment Benchmarks Related to the Planning Regulation 2017
The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that may apply in
addition to, or instead of, the assessment benchmarks contained within the Planning Scheme.
    • the South East Queensland Regional Plan 2023 (SEQRP 2023);
    • Part E of the State Planning Policy, to the extent the relevant State interests are not appropriately
         integrated into the Planning Scheme; and
    • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Regulation is provided below:

SEQRP 2023

The subject site is located within the Rural Living Area designation under the SEQRP 2023. The proposal is
for a rural residential reconfiguration within an established rural residential locality and is consistent with the
intent of the Rural Living Area designation.

Part E of the State Planning Policy

The current State Planning Policy commenced on 3 July 2017. The relevant State interests have generally
been integrated into the Noosa Plan 2020. To the extent any State interests are relevant to the application,
these are addressed through the applicable Planning Scheme codes, the Planning Regulation 2017 and the
supporting technical reports submitted with the application.

Schedule 10 of the Regulation

The proposed reconfiguration will trigger referral to SARA for State transport corridor matters pursuant to
Schedule 10, Part 9, Division 4 Subdivision 2 Table 1, Item 1 of the Planning Regulation 2017.

Koala Habitat in SEQ Region

The subject site is mapped within a Koala Priority Area under the relevant State mapping. A small corner of
vegetation located in the eastern portion of the property is identified as Core Koala Habitat Area, as illustrated
in Figure 3 below. The proposed development will avoid this mapped Core Koala Habitat and will not result in
any direct or indirect impacts to the identified area.


                                                                                                        Page 7 of 10

Page 8

Figure 3 – Koala Habitat in SEQ Region (source: Queensland Government – Development Assessment Mapping
System)



5.3.    Assessment Benchmarks Relating to the Planning Scheme

        5.3.1. Level of Assessment
The site is located within the Rural Residential zone under the Noosa Plan 2020 (the Planning Scheme). In
accordance with Table 5.6.1 of the Planning Scheme, reconfiguring a lot in the Rural Residential Zone requires
Code Assessment.


        5.3.2. Assessment Benchmarks
Pursuant to Table 5.6.1 of the Planning Scheme, the proposed reconfiguration requires assessment against
the following codes:
     + Rural Residential Zone Code;
     + Reconfiguring a Lot Code;
     + Works Codes.

The proposed development also requires assessment against the applicable overlay codes, as
summarised below:




                                                                                                  Page 8 of 10

Page 9

Table 5.3.2.1 – Applicable Overlay Codes

 Bushfire Hazard Overlay                        Comment
                                                The site is identified as containing a high bushfire
                                                hazard area along the eastern boundary and there
                                                are potential impact buffers extending through the
                                                eastern portion of the site and adjacent to the site’s
                                                frontage with Black Mountain Range Road.

                                                Please refer to the Bushfire Management Report
                                                at Appendix F which confirms that each lot
                                                contains a sufficient building area for a future
                                                dwelling with a predicted radiant heat flux not
                                                exceeding 29 kW/m², subject to the
                                                recommended APZ and bushfire management
                                                measures.

 Biodiversity, Waterways and Wetlands Overlay   Comment
                                                The site contains mapped areas of biodiversity
                                                significance and riparian buffer areas. The
                                                development, including the proposed building
                                                envelopes, will completely avoid vegetation
                                                mapped as an Area of Biodiversity Significance.

                                                The development will also generally avoid the
                                                mapped Riparian Buffer Area extending through
                                                the site, except for a small portion of the common
                                                boundary between proposed Lots 1 and 2, which
                                                traverses the outer extent of a mapped Riparian
                                                Buffer associated with a first order stream.

                                                The proposed boundary maintains a significant
                                                separation of approximately 41.6m from the
                                                associated waterway, which presents as a
                                                grassed gully line in this location.

                                                An assessment against the Biodiversity,
                                                Waterways and Wetlands Overlay Code is
                                                provided at Appendix B – Code Assessment.
 Landslide Hazard Overlay                       Comment
                                                The majority of the site is mapped as being
                                                affected by moderate or high landslide hazard
                                                areas.

                                                A Geotechnical Investigation Report prepared by
                                                Tectonic at Appendix D confirms no indicators of
                                                existing slope instability were observed within the
                                                proposed development areas and that a low risk of
                                                instability is achievable, subject to future building
                                                works being designed in accordance with the
                                                report.




                                                                                           Page 9 of 10

Page 10

An assessment against each of the above-mentioned applicable codes has determined that the
development is either compliant or can be conditioned to comply with all applicable requirements. The
supporting geotechnical, traffic and bushfire reports confirm that the proposed lots are capable of being
developed for rural residential purposes without creating unacceptable impacts. Please refer to Appendix B
– Code Assessment for a detailed assessment against the applicable codes.



6. Conclusion
This report has identified that the proposed development to reconfigure one lot into five rural residential lots
complies with the relevant assessment benchmarks contained within the Noosa Plan 2020 and does not
raise any significant town planning issues that would prevent approval of the application.

    + the proposed lots are of a size and configuration consistent with the intended rural residential
         character of the locality;
    + each lot contains a suitable house site area, with proposed Lot 3 retaining the existing dwelling house
         and proposed Lots 1, 2, 4 and 5 being capable of accommodating future dwelling houses;
    +    the proposal appropriately responds to the site’s mapped biodiversity, waterways, wetlands,
         bushfire and landslide constraints; and
    +    safe and appropriate vehicular access arrangements can be provided to each lot, subject to the
         recommendations of the traffic engineering [email protected] office trusts that the information supplied comprehensively addresses the
relevant matters to be considered under the Noosa Plan 2020. Should you have any questions in relation to
the proposal, please do not hesitate to contact me.

Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan.




                                                                                                  Page 10 of 10

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