Delegated Report - Code - Planning RAL20 0016

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0016
Applicant	Lilly Anne Studdock TTE
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	14 August 2020
Decision Due Date	19 October 2020
Report Completed Date	2 October 2020
Report Reviewed By Kerri Coyle	9 October 2020

PROPERTY DETAILS
Property Address	1089 and 1121 Cootharaba Road Cootharaba 4565
RP Description	Lot 7 SP 142413 Lot 1 RP 902966
Land Area	40.2ha 19.71ha
Existing Use of Land	Lot 1: rural land Lot 7: rural land containing a dwelling and outbuildings

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	
Zone	Rural Zone
Overlays	Biodiversity, Waterways and Wetlands Overlay: Biodiversity Significance and Riparian Buffer Acid Sulfate Soils Overlay Agricultural Land Overlay Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment (2 lots into 2 lots).
The applicant advises that the purpose of the proposed boundary realignment is to improve upon the existing access arrangement for Lot 1 as the existing driveway servicing Lot 1 is predominantly housed within lot 7. Approximately 324m of the existing boundary is to be shifted 12m to the south. The new boundary alignment is intended to coincide with the existing fence line. The proposed arrangement is detailed in the following image:

The new boundary will vary the existing lot sizes by approximately 4,000m2. The new lot sizes are outlined in the table below.

The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Boundary Realignment Plan

site details
Background
There are no recent applications relevant to the current application.
Site Description
The site comprises a total area of 59.71ha consisting of a dwelling house and vacant land with a road frontage to Cootharaba Road of approximately 630m. The site contains some mature vegetation that is identified to be of value on local and state mapping.
The topography of the site consists of a gradual slope towards the north-eastern boundary and the stream located on Lot 7.
Surrounding Land Uses
The site is located within a rural area of the Noosa Hinterlands. As such, surrounding land uses are predominantly rural based. Lots adjoining to the south consist of existing dwelling houses and land located directly opposite is utilised for conservation.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Local Plan Code
Rural Zone Code
Reconfiguring a Lot Code
Works codes
The subject site is located in Cootharaba and is zoned Rural. The proposed reconfiguration is required to follow a code assessable application process.
The application proposes a minor change to existing lot boundaries to facilitate the existing driveway to be located within Lot 1.
The realignment raises no concerns as the amended boundary does not dissect protected vegetation, the riparian buffer or result in increased risk associated with bushfire and flooding. The minor amendment to lot areas will not impact on the existing agricultural capacity associated with each lot.
cONSULTATION
Referral Agencies
There was no requirement to refer the application to be referred any Referral Agencies.
Other Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Development Engineering – (no concerns raised)

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 RAL20/0016 for a Reconfiguring a Lot - Boundary Realignment situated at 1089 and 1121 Cootharaba Road Cootharaba Qld 4565 and described as Lot 7 SP 142413 and Lot 1 RP 902966, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0016
Street address:	1121 Cootharaba Rd Cootharaba Qld 4565 1089 Cootharaba Rd Cootharaba Qld 4565
Real property description:	Lot 7 SP 14241 Lot 1 RP 902966
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for / Preliminary Approval for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
20178.01		Proposed subdivision of Lot 1 on RP902966 and Lot 7 on SP142413 prepared by Project Urban	06.08.2020
Property Access and Driveways
A rural standard driveway must be constructed to proposed lot 7. The works must be constructed as part of any subsequent development of the site and be generally in accordance with Council’s standard drawings relevant at the time of construction.
The access driveway must be constructed at a location and on an alignment that minimises the impacts on significant vegetation in the road reserve.
A property notation will be added to Council’s rates records for the lot to advise private certifiers and prospective purchasers of the special access conditions.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
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.
Damage to Services and Assets
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:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
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.
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:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
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
RAL20/0016 - Property Access Driveway
The following notation applies to approved lot 7:
Private Certifiers, owners and prospective purchasers are notified that special access requirements apply to this parcel of land. Contact Council’s Planning Department for details.
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

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