Application Report

83 Butler Street, Tewantin




5          TOWN PLANNING FRAMEWORK
5.1        Local Government

5.1.1       Definition
The Planning Act 2016 defines Reconfiguring a Lot as:

            “Reconfiguring a Lot means –
            (a) creating lots by subdividing another lot; or
            (b) amalgamating 2 or more lots; or
            (c) rearranging the boundaries of a lot by registering a plan of subdivision under the Land
            Act or Land Title Act; or
            (d) dividing land into parts by agreement rendering different parts of a lot immediately
            available for separate disposition or separate occupation, other than by an agreement
            that is—
                     (i) a lease for a term, including renewal options, not exceeding 10 years; or
                     (ii) an agreement for the exclusive use of part of the common property for a
                     community titles scheme under the Body Corporate and Community Management
                     Act 1997; or
             (e) creating an easement giving access to a lot from a constructed road.”

In view of the above, the proposal is for the Reconfiguration of a Lot (1 into 5 lots).

5.1.2       Level of Assessment
Under the Noosa Plan 2020, the site is identified as being contained within the Low Density
Residential Zone, the Tewantin Local Plan and has the following overlays:

                    Acid Sulphate Soils Overlay.

In accordance with Part 5 of the Noosa Plan 2020, the application is subject to Code Assessment
on the following basis:

  LEVEL OF ASSESSMENT
  ZONE
  LOW DENSITY RESIDENTIAL ZONE
  Code Assessable   In accordance with Table 5.6.1—Low Density Residential Zone, a
                    Reconfiguration of a Lot is Code Assessment. As such, the proposal is subject
                    to Code Assessment against the Low Density Residential Zone Code, the
                    relevant local plan area code, the works code and Reconfiguring a Lot Code.
  LOCAL PLAN
  TEWANTIN LOCAL PLAN AREA
  Not Applicable    The categories of development and assessment is not altered by the Tewantin
                    Local Plan Area. Notwithstanding, assessment is required against the Tewantin
                    Local Plan Code in accordance with Table 5.6.1.
  OVERLAYS
  ACID SULPHATE SOILS OVERLAY
  Not Applicable    In accordance with Table 5.9.1—Acid Sulphate Soils Overlay, the proposed
                    development does not involve any earthworks. As such, there is no change to
                    the Categories of Assessment and no assessment required against the Acid
                    Sulphate Soils Overlay Code.

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