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Response to Information Request RAL190011 · RAL19/0011
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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