Response to Information Request RAL190011 · RAL19/0011

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adjoining property for rural land use purposes (cattle grazing etc.) rather than for the
purpose of an individual rural-residential lot.

Information Required
    1. Provide details of the suitability and functionality of Lot 528 MCH 1930 as a rural lot
       in its current stand-alone form. Details must include the following:
            a. A suitable house site taking constraints into consideration (e.g. setbacks,
                flooding); and
            b. A suitable effluent disposal area; and
            c. Suitable area for other associated structures, services and land use of a rural
                property.

Applicants Response

In response to Item 1 of Council’s Information Request, we make reference to the attached
concept plan of the existing Lot 528 on MCH1930 which demonstrates a building envelope
area of 514m2 outside of the 10m front boundary setback and 6m rear boundary setback
(Refer to Appendix A).

This is a substantial area for a rural residential home site (including effluent disposal system)
that could be established on the existing lot. As per the relevant provisions of the Noosa
Plan (Detached House Code), a Detached House can be constructed on the existing Lot 528
on MCH1930.

We therefore maintain our position that the proposed boundary realignment results in a
significant improvement to the existing situation on the following grounds:

    1.   The rearrangement of the subject lots remedies an existing farming encroachment
         whereby the existing Lot 528 on MCH1930 is being used as part of the cattle grazing
         operation associated with Lot 481 on MCH524. In addition, should a house be
         constructed on the existing Lot 528 on MCH1930, this would be detrimental to the
         rural amenity / rural production that the owners of Lot 481 on MCH524 (Proposed
         Lot 1) have always enjoyed and currently enjoy. Potential for land use conflicts may
         also arise between a rural residential lot and rural land holding should a dwelling be
         constructed on the existing Lot 528 on MCH1930. Accordingly, both landowners are
         in complete agreement to rearrange the boundaries so that Lot 528 on MCH1930 is
         shifted within the boundaries of the existing Lot 480 on MCH524 (noting the owner
         of Lot 528 on MCH1930 is the same owner of Lot 480 on MCH524).
    2.   We attach an Amended Plan of Development (Plan No. 61948/A) prepared by Murray
         & Associates (refer to Appendix B) that demonstrates a revised lot layout and a
         significantly smaller lot size for proposed Lot 2. This amendment has been made to
         ensure that the proposed new lot is relatively small in size in order to
         retain/maximise the rural (cattle grazing) productivity of the existing Lot 480 on
         MCH524 (proposed Lot 3). In this regard proposed Lot 2 has been reduced in size
         to 1.451ha and adopts a logical boundary configuration which aligns with the outer
         edge of vegetation associated with Happy Jack Creek (western edge) and a gully
         system that traverses the existing Lot 480 on MCH524 (northern edge).
    3.   The resultant proposed Lot 2 now comprises gently undulating slopes with open
         grassland country and ease of access from Crawfords Road.

Items 2 & 3

Issue
The submitted plans do not indicate the proposed house site on proposed Lot 2. Due to the
topography of the site (potentially flood effected near Crawfords Road and steeply sloping

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towards the northern boundary) Council has concerns with the ability to construct the
building works and provide access.

Information Required
    2. Provide amended plans that indicate:
           a. The house site for proposed Lot 2; and
           b. the contours and slopes across the house site sufficient to demonstrate that
                the house site is not located on a “steep slope” as defined in The Noosa Plan
                or in an area mapped as “Landslide Hazard” in the Noosa Plan; and
           c. the vehicle access to the house site for proposed Lot 2 including any
                proposed waterway crossings; and
           d. the grades and recommended formation of the vehicle access.
    3. Provide comment sourced from the property owner regarding the historical flood
       levels in the lower part of proposed Lot 2, the intersection of Happy Jack Creek Road
       and Crawfords Road and the bridge on Crawfords Road.

Applicants Response

In response to Item 2 of Council’s Information Request, we make reference to the Amended
Plan of Development (Plan No. 61948/A) prepared by Murray & Associates and attached at
Appendix B of this response. As described above, the amended plan demonstrates a newly
configured proposed Lot 2 in response to the natural features of the site and aligns the
boundary with the outer edge of vegetation associated with Happy Jack Creek (western
edge) and a gully system that traverses the existing Lot 480 on MCH524 (northern edge).
The newly configured Lot 2 now comprises gently undulating slopes with open grassland
country and ease of access from Crawfords Road

This open / gently sloping character of Lot 2 was confirmed via an on-site meeting with
Council officers and access from Crawfords Road to proposed Lot 2 proved to be no major
issue with respect to gradient (i.e. level entry).

In addition (as described above), to ensure that a house site and associated access is
confined to this portion of the land, Lot 2 has been significantly reduced in size to 1.451ha
and utilises Happy Jack Creek and the vegetated gully system as a natural buffer to the
adjoining Lot 3.

Following the site inspection with Council officers and in light of the newly configured Lot 2,
it is now considered that the issues associated with a house site area (i.e. not being located
on a steep gradient/slope) and concerns with vehicle access (i.e. traversing steep slopes and
a waterway crossing) no longer applies together with the engineering design details that
would otherwise be required to justify the original layout.

In response to Item 3 of Council’s Information Request, following consultation with the owner
of Lot 480 on MCH524, we confirm that he has not visually seen the lower portion of proposed
Lot 2 been susceptible to flood inundation. Importantly, following the site inspection with
Council officers, it is evident that the body of Lot 2 and associated access opportunity from
Crawfords Road rises up relatively quickly from the Happy Jack Creek crossing and there is
significant elevation (in a flooding context) above the defined bank of Happy Jack Creek for
access and house site opportunities.

Item 4

Issue
The submitted plan of development does not detail a natural or existing built feature in close
proximity and in relation to the boundaries of Lot 528 MCH 1930. As per the plan of
development (aerial), it appears the existing cattle yard on Lot 481 MCH 524 is located

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approximately 50 metres to the north of the northern boundary of Lot 528 MCH 1930
however this is not explicitly detailed.

Information Required
    4. Provide an amended plan of development that accurately details at least two (2)
       natural or existing built features in relation to the boundaries of Lot 528 MCH 1930.

Applicants Response

In response to Item 4 of Council’s Information Request, the applicant is unclear of the
intent/relevance of this item. Most importantly and in context to the existing Lot 528 on
MCH1930, we refer to our response to Item 1 of Council’s information request which clearly
outlines the merits of the boundary realignment proposal.

Additional Item Raised by Email Dated 13/5/19

Issue
It appears there are two detached houses on site at 120 Happy Jack Creek Rd. There does
not appear to be an approval for an ancillary or secondary dwelling unit on Council records.
Could you please provide comment in this regard.

Applicants Response

The owner of Lot 480 on MCH524 has sourced information from Murray Brown (an agent
who been selling in the local Ridgewood area for 20yrs+). Murray has advised that the
cottage was built well before council approval was required for 2nd dwellings under the
Noosa Plan. This is confirmed by the builder who is doing a refurbishment and electrical
upgrade to the cottage and says it is very solid hardwood construction and the estimated
age of the cottage is in the 1940’s/50’s with masonite lined walls and no screws only nails.
Given the age of the cottage, it is not expected that Council will have any records of any
building approvals as it pre-dates the fire which destroyed their records.

3.0     SUMMARY

In accordance with Section 13.2 of the Development Assessment Rules, we hereby provide
Council with a response to all of the information requested and ask that Council proceed with
the assessment of this application. We trust Council will issue a favourable Development
Permit in due course and should Council wish to discuss the above matter in further detail
please do not hesitate to contact me on (07) 5441 2188.

Yours faithfully,




Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director / Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD

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                                                  Appendix A

Concept Plan of the Existing Lot 528 on MCH1930

Prepared by Murray & Associates (Qld) Pty Ltd

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MURRAY &
ASSOCIATES
SURVEYORS & TOWN PLANNERS                 ACN 075 543 154
Murray Building,15-17 Currie St. Nambour Ph.(07)5441 2188 P.O. Box 246
Branch Offices at Caboolture Chinchilla Roma Gympie & Emerald

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                                                Appendix B

Plan of Development, Plan No. 61948/A

Prepared by Murray & Associates (Qld) Pty Ltd


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ASSOCIATES

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Appendix B

 

Plan of Development, Plan No. 61948/ A

Prepared by Murray & Associates (Qld) Pty Ltd

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MURRAY &
ASSOCIATES
SURVEYORS & TOWN PLANNERS                 ACN 075 543 154
Murray Building,15-17 Currie St. Nambour Ph.(07)5441 2188 P.O. Box 246
Branch Offices at Caboolture Chinchilla Roma Gympie & Emerald

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MURRAY &
ASSOCIATES
SURVEYORS & TOWN PLANNERS                 ACN 075 543 154
Murray Building,15-17 Currie St. Nambour Ph.(07)5441 2188 P.O. Box 246
Branch Offices at Caboolture Chinchilla Roma Gympie & Emerald

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