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Delegated Report - Code - Planning - RAL26 0011 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Town planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. RAL26/0011
Applicant Sunshine Butterflies Inc
Ruth Annette Carter
Eddie Albert Carter
Proposal Reconfiguring a Lot - Rural Residential (1 into 2 plus access
easement)
Properly Made Date 23 April 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 21 July 2026
Report Reviewed & Ben Micallef 21 July 2026
Finalised By
PROPERTY DETAILS
Property Address 472 Mckinnon Dr Cooroibah Qld 4565 474 Mckinnon Dr
Cooroibah Qld 4565
RP Description Lot 1 SP 199340, Lot 2 SP 199340
Land Area 3.9 ha
1.5 ha
Existing Use of Land Dwelling House
STATUTORY DETAILS
SEQRP Designation Rural Living Area
Zone Rural Residential
Precinct Not applicable
Local Plan Area Not applicable
Overlays • Land Subject to Acid Sulfate Soils (Area 2 – Above 5 metres
AHD to 20 metres AHD)
• Biodiversity, Waterways and Wetlands Overlay:
Document Set ID: 24724275
Version: 10, Version Date: 23/07/2026
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- Waterways
- MSES Environmental Values
- Area of Biodiversity Significance
- Waterways
- MSES Regulated Vegetation – intersecting a watercourse
- Riparian Buffer Area
• Bushfire Hazard Overlay (High Potential Bushfire Intensity
and Potential Impact Buffer)
• Flood Hazard Overlay Map (Waterways)
• Koala Habitat Area (Koala Priority Area and Core Koala
Habitat Area)
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot (1 lot into 2 plus an access easement)
within the Rural Residential Zone at 472 and 474 McKinnon Drive, Cooroibah.
The applicant submits the purpose of the subdivision is for:
The proposed subdivision will create one additional rural residential allotment to facilitate a future
dwelling house, whilst retaining the existing dwelling and maintaining access via a shared
easement to McKinnon Drive.
The proposed subdivision will create:
• Proposed Lot 1 - 2.66 ha, containing the existing Dwelling house and access easement;
and
• Proposed Lot 2 - 1.24 ha, comprising vacant land with an ancillary out building.
The locality and proposal plan are included below.
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Figure 1 – Locality
Figure 2 – Proposed subdivision plan
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2. APPLICATION BACKGROUND
The existing lot is the result of a previous Reconfiguring a lot approval (152006.1355) issued on
30 June 2006, which involved a boundary realignment and access easement.
3. SITE DETAILS
3.1. Site History
Operational works were conducted on the site in 2015 (OPW15/0120) and 2017 (OPW17/0174),
both involving clearing of trees surrounding the existing dwelling and shed.
3.2. Site Description
The subject site is a rural residential allotment with an area of approximately 3.9 hectares.
The site contains an existing Dwelling house, pool and outbuildings towards the central area of the
site and is currently used for residential purposes.
The land is irregular in shape and is accessed via an easement over adjoining land (Lot 1
SP199340), providing connection to McKinnon Drive. The western portion of the site is used for
informal carparking.
The site exhibits a gradual fall from west to east draining towards an existing gully and dam located
within the north eastern portion of the property.
This site is not highly vegetated however mapped areas of biodiversity significance is concentrated
along the eastern site boundary, with more formal and maintained garden landscaping surrounding
the dwelling house.
A waterbody is located within the north-eastern corner of the site. The site is serviced by an existing
water connection, on-site wastewater infrastructure, and available electricity and
telecommunications.
3.3. Surrounding Land Uses
Surrounding development is characterised by rural residential allotments and environmental and
conservation areas and detached dwellings, with adjoining and nearby land also comprising
environmental management and conservation areas, reinforcing the semi-rural character of the
locality.
The subject site is owned by Sunshine Butterflies Inc, who also own the adjoining premises at 468
McKinnon Drive (directly to the south), which contains the established “Sunshine Butterflies”
business which is an established community facility for people with disabilities. This site was
approved as a ‘Community Use, Wellbeing - Type 2 Social’, on 15 December 2016. The property
is still used as a community use as approved and subsequent changes.
4. ASSESSMENT
4.1. 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 (20 March 2026).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Residential Zone Code;
• Reconfiguring a Lot Code;
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• Works Codes;
• Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Overlay Code
• Flood Hazard Overlay Code
The subject site is located in Cooroibah and is zoned Rural Residential. The proposed
reconfiguration is identified as a Code assessment 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:
Rural residential zone code
Assessment
The Rural Residential Zone is intended to provide for low density, semi-rural living on large lots, in
a form that maintains rural residential character and protects local amenity and environmental
values. The proposed reconfiguration is consistent with that intent as it creates one additional rural
residential lot within an established rural residential area and does not introduce a more intensive
or incompatible land uses.
The existing Dwelling house, pool and associated outbuildings will be retained on proposed Lot 1.
Proposed Lot 2 will provide a large rural residential allotment capable of accommodating a future
dwelling house and associated domestic infrastructure. Future built form will remain subject to the
applicable Rural Residential Zone Code requirements, including siting, boundary setbacks,
bushfire management and wastewater servicing requirements.
The proposal is not expected to result in adverse impacts on light, privacy, air quality, noise
environment or general amenity enjoyed by adjoining or nearby residents. Traffic generation from
one additional rural residential lot will be very minor and will continue to use the existing access
arrangement to McKinnon Drive. The site is also capable of being serviced without creating
unacceptable impacts on the rural residential setting.
For these reasons, the proposed reconfiguration is considered to achieve the purpose and relevant
outcomes of the Rural Residential Zone Code.
Reconfiguration of a lot code
The application seeks to reconfigure the existing Rural Residential zoned landholding to create
two rural residential lots, being proposed Lot 1 with an area of 2.66 ha and proposed Lot 2 with an
area of 1.24 ha, together with an access easement to maintain shared access to McKinnon Drive.
The proposed reconfiguration creates 2 rear lots accessed via an easement to McKinnon drive
over Lot 1 on 199340.
Minimum Lot size
While Proposed Lot 1 exceeds the minimum 1.5 hectare at 2.6 ha, proposed Lot 2 (at 1.2 ha) is
below the 1.5 hectare minimum lot area sought by Table 9.5.1.4 of the Reconfiguring a Lot Code.
The applicant submits the lot configuration has been designed to reflect the established
development and infrastructure on the land. The proposed boundary has been positioned having
regard to the location of the existing Dwelling house, pool, outbuildings and vehicle access
arrangements. The resulting lot pattern allows the existing dwelling and associated improvements
to remain on a single lot whilst creating one additional Rural residential lot capable of
accommodating a future dwelling house.
The applicant further contends that, notwithstanding any variation to the minimum lot size
benchmark, the proposed lot remains of a scale consistent with the rural residential character of
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the locality and is capable of accommodating the anticipated land use, including dwelling siting,
on-site wastewater disposal, vehicle access, parking and ancillary residential infrastructure.
It is generally agreed as the northern boundary of Lot 2 is positioned adjacent to existing dwelling
infrastructure (established driveways etc) as much as practicable to create a northern side
boundary. The eastern adjoining boundary of approximately 117.4 metres could potentially be
repositioned to increase lot size (to achieve lot area compliance) however the further realignment
would not result in a meaningful improvement to the subdivision layout insofar as improvement to
future building areas or lot access from McKinnon Drive.
Rear Lots
Acceptable Outcomes AO21.2 (maximum proportion of rear lots) and AO21.4 (maximum number
of common boundaries for a rear lot) state:
AO21.2 No more than 10% of lots within a subdivision are rear lots or lots accessed via
an access strip.
AO21.4 No rear lot shares a common boundary with more than four other lots.
The applicant is proposing 1 additional rear lot (ie 2 rear lots) accessed to McKinnon Drive from
an existing access easement and as such does not comply with AO21.2, & AO21.4 of the
Reconfiguring a Lot Code. The proposal is therefore required to assessed against Performance
Outcome PO21 of the Reconfiguring a Lot Code which states:
PO21 Rear (battle-axe) lots are created only where:
a) it would not be desirable nor practicable for the site to be reconfigured so that all
lots have full frontage to a road;
b) located in the Low density residential zone, Rural residential zone or Rural zone;
c) development positively contributes to the character of the neighbourhood;
d) is large enough to accommodate anticipated land uses including car parking and
manoeuvring;
e) development is not detrimental to the use and amenity of adjoining lots through
loss of privacy, sunlight or breezes once buildings are constructed;
f) vehicular access to rear lots will not have a detrimental impact on lots adjoining
the access strip due to excessive noise, light, dust, stormwater runoff and the like;
g) access arrangements do not adversely affect the safety and efficiency of the road
from which access is gained;
h) their creation does not prejudice the anticipated development of adjoining land.
Assessment
PO21 allows rear lots where it is not desirable or practicable for all lots to achieve full street frontage
and where residential amenity is maintained. The land subject to this subdivision already contains
an existing access and Dwelling house and therefore the easement framework for vehicle access
to and from the site is already established.
The proposed lot is of sufficient area to enable the manoeuvring and parking of vehicles relevant
to one additional Dwelling house and is also able to accommodate effluent disposal.
The proposed lots are rear lots as access is obtained via the existing easement arrangement from
McKinnon Drive rather than by direct road frontage. In this instance, it is not desirable or practicable
to reconfigure the land so that each lot obtains full frontage to a road, having regard to the existing
cadastral arrangement, the established access easement over Lot 1 SP199340 and the rear rural
residential nature of the subject land.
The proposal is located within the Rural Residential Zone and remains consistent with the
established semi-rural character of the locality. The proposed lots are of sufficient size to
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accommodate their anticipated residential use, including dwelling siting, on-site wastewater, car
parking and vehicle manoeuvring. The access arrangement will not adversely affect adjoining
properties through excessive noise, light, dust, stormwater runoff or loss of amenity, given the low
traffic generation associated with one additional rural residential lot.
Access will continue to utilise the existing access point to McKinnon Drive and is not expected to
adversely affect the safety or efficiency of the road network. The proposed rear lot arrangement
will not prejudice the anticipated development of adjoining land and is considered to achieve the
outcomes sought by PO21.
The proposed subdivision is for one additional rear lot and in comparison to surrounding
development is a minor increase in the density of lots within the surrounding region.
The newly created lot will not adjoin more than four other lots and is not visible from any publicly
accessible vantage points. The proposal can comply with PO21.
Bushfire Hazard
The proposed new lot falls within the ‘potential impact buffer’ of the Bushfire Hazard Overlay map
and is therefore subject to assessment against the Bushfire Hazard Overlay code. The applicable
acceptable outcomes are as follows:
AO1.1 Development which will materially increase the number of people living or congregating on
premises, including reconfiguring a lot, is not located within a medium or high bushfire hazard
area.
AO1.2 Development maximises setbacks from hazardous vegetation to achieve an acceptable risk.
Assessment
Council’s Environment Officer have advised no major concerns from a bushfire perspective.
The internal referral advice confirms that the submitted Bushfire Hazard Assessment demonstrates
sufficient area within proposed Lot 2 is available to establish a future dwelling in accordance with
the Noosa Plan Bushfire Hazard Overlay Code and the State Planning Policy bushfire provisions.
A separate building envelope is not necessary in this instance, provided the recommendations of
the Bushfire Hazard Assessment and Management Plan are implemented through conditions of
approval.
Having regard to the submitted bushfire assessment and the Environment Officer’s referral
comments, the application is considered to comply with the relevant provisions of the Bushfire
Hazard Overlay Code, subject to conditions requiring implementation of the Bushfire Hazard
Assessment and Management Plan.
Biodiversity
Assessment
Council’s Environment Officer have advised no major concerns from a Biodiversity perspective.
The proposed reconfiguration boundary generally follows existing access tracks and fence lines,
and only intersects a small area mapped under the Biodiversity, Waterways and Wetlands Overlay.
The vegetation in this area is mapped as Category X under the State Vegetation Management
Framework and is therefore not subject to State clearing controls.
It is noted that native vegetation clearing may occur for fence installation and maintenance,
however this would be limited in extent and is not expected to result in a significant biodiversity
impact.
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5. CONSULTATION
5.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
• State Assessment and Referral Agency (SARA)
Schedule 10, Part 9, Division 4, Subdivision 2, Table 1 – Reconfiguring a lot within 25m of a
State transport corridor.
SARA Responded in a letter dated 29 May 2026.
5.2. Internal Council Referrals
• Senior environment officer
The subject property is mapped on the Noosa Plan Biodiversity, Waterways and Wetlands Overlay
and Bushfire Hazard Overlay maps. Consideration has been given to the relevant Codes to ensure
the development is compliant with the purpose and overall outcomes of the scheme.
Overall, there are no major concerns from a biodiversity or bushfire perspective.
Standard bushfire conditions are recommended.
6. 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 RAL26/0011 for a Reconfiguring a Lot - Rural Residential situated
at 472 & 472 Mckinnon Dr Cooroibah Qld 4565 and described as Lot 1 SP 199340, Lot 2 SP
199340, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL26/0011
Street address: 472 & 472 Mckinnon Drive, Cooroibah Qld 4565
Real property description: Lot 1 SP 199340, Lot 2 SP 199340
Planning Scheme: Noosa Plan 2020 (Amendment 3 - 20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Reconfiguring a Lot - (1 lot into 2 lots plus easement)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. 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.
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Currency Period
2. 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 22 July 2030 ,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
24-0565P-01 A Plan of Reconfiguration, prepared by 03/12/2025
therefor Group
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
complies with the relevant provisions of the planning scheme and the Building Act
1975, unless varied by this Decision Notice;
b. all utility services and connections (e.g., electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement;
c. all existing and proposed effluent disposal areas are wholly located within the lot they
serve and comply with the boundary setback requirements of the Plumbing and
Drainage Act 2002 and associated codes and requirements;
d. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot; and
e. all retaining walls and structures are fully contained within the lot they retain.
Services
6. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with an approval for Operational Works and the standards and requirements of
the relevant service provider.
7. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
8. Certification must be submitted to Council from all relevant service providers (Energex, NBN
and Unitywater) which certifies that the development has met the requirements of this
Decision Notice and all applicable legislation at the time of construction.
Easement
9. The terms of the existing access and services easement (Easement C in Lot 1 on SP199340)
must be amended to include Lots 1 & 2 as identified on the approved plans and registered
against all affected lots prior to Council signing the plan of survey.
10. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered
against the title of the property.
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11. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
12. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
13. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Bushfire
14. All reconfiguration works must be carried out in accordance with section 7 and 9 of the
Bushfire Hazard Assessment & Management Plan listed within this Decision Notice.
15. A copy of the Bushfire Hazard Assessment & Management Plan listed within this Decision
Notice must be provided to the nearest fire authority.
16. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer Advisory Note)
17. A clause must be included in the contract of sale for Lot 2 which requires future dwellings to
be constructed in accordance with sections 7 and 9 of the Bushfire Hazard Assessment &
Management Plan listed within this Decision Notice.
5. REFERENCE DOCUMENTS
Document No. Rev. Plan/Document Name Date
- 1 Bushfire Hazard Assessment & Management Plan, 12 Mar 2026
prepared by Therefor Group
6. REFERRAL AGENCIES
Concurrence Referral Trigger Response
SARA at DILGP SARA Schedule 10, Part 9, The agency provided its
at DILGP Via MyDAS2 Division 4, response on 29 May 2026
at https://prod2.dev- Subdivision 2, (Reference No.
assess.qld.gov.au/suite 24837846).
Table 1 –
/ (for assistance, A copy of the response is
Reconfiguring a
contact DILGP at 5352 attached
9701 or lot within 25m of a
email:SEQNorthSARA [email protected] transport corridor
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7. 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
1. 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
Plan Sealing
2. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
8. PROPERTY NOTES
RAL26/0011 – Bushfire Management
1. The following notation applies to approved Lot 2:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be constructed in accordance with the bushfire management conditions of Council
Approval RAL26/0011 and associated Operational Work approvals.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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