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Planning Report - 100988 · RAL24/0014

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                               PLANNING REPORT
                                                   No. 100988

Application for a Development Permit for Reconfiguring a Lot by Subdivision
   (1 Lot into 2 Lots), involving land described as Lot 105 on SP118458,
          situated at 62 Lake MacDonald Drive, Cooroy QLD 4563.




                         Prepared on behalf of Noosa Shire Council

                                                    July 2024




    Murray & Associates (Qld) Pty Ltd   ACN 075 543 154   ABN 81 075 543 154   www.mursurv.com   [email protected]
Full text of the other 24 pages

Page 2

              Executive Summary
              Murray & Associates (QLD) Pty Ltd have been commissioned to prepare this
              Planning Report on behalf of Noosa Shire Council in support of an Application
              for a Development Permit for Reconfiguring a Lot by Subdivision (1 Lot into
              2 Lots), involving land described as Lot 105 on SP118458, situated at 62
              Lake MacDonald Drive, Cooroy QLD 4563.

              The report evaluates the relevant town planning considerations and
              requirements associated with the proposal and recommends / concludes the
              development can be approved subject to reasonable and relevant conditions.




              Murray & Associates (QLD) Pty Ltd       Contact:   Blake Bell
              Town Planning Consultant                Address:   PO Box 246
                                                                 Nambour QLD 4560
                                                      Phone:     (07) 5441 2188
                                                      Email:     [email protected]


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Planning Report No. 100988       Murray & Associates (QLD) Pty Ltd                    July 2024

Page 3

            Table of Contents
            1.0          Summary .................................................... 4
            2.0          Introduction ............................................... 5
            3.0          Site Overview & Surrounding Land Uses .... 6
                3.1      Location of Subject Site .............................................. 6

                3.2      Land Zoning & Surrounding Land Uses .......................... 7

                3.3      Built & Natural Site Features ........................................ 8

                3.4      Access & Services ...................................................... 8

            4.0          Proposed Development .............................. 9
            5.0          Local Planning – Overlays ........................ 10
                5.1      Biodiversity Overlay ................................................. 11

                5.2      Extractive Industry Overlay ....................................... 12

                5.3      Flood Hazard Overlay ............................................... 13

                5.4      Landslide Hazard Overlay .......................................... 14

                5.5      Regional Infrastructure Overlay.................................. 15

            6.0          Local Planning .......................................... 16
                6.1      Level of Assessment ................................................. 16

            7.0          State Planning Matters ............................. 18
                7.1      SEQ Regional Plan .................................................... 18

            8.0          Conclusions and Recommendations.......... 20




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Planning Report No. 100988         Murray & Associates (QLD) Pty Ltd                                  July 2024

Page 4

            Tables & Figures
            Figure 1 - Locality Map .......................................................................... 6
            Figure 2 - Zoning Map ........................................................................... 7
            Figure 3 - NearMap Imagery .................................................................. 8
            Figure 4 – Biodiversity Map .................................................................. 11
            Figure 5 – Extractive Resources Map ..................................................... 12
            Figure 6 - Flood Hazard Map ................................................................ 13
            Figure 7 - Landslide Hazard map........................................................... 14
            Figure 8 - Regional infrastructure Map ................................................... 15
            Figure 9 - SEQ Regional Plan Map ......................................................... 18


            Appendices (See Attached Files)

            Appendix A – Current Titles Search
            Appendix B – Survey Plan & SmartMap
            Appendix C – Plan of Subdivision
            Appendix D – Code Assessment




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Planning Report No. 100988           Murray & Associates (QLD) Pty Ltd                                July 2024

Page 5

1.0         Summary
               SITE DETAILS

               Address                       62 Lake MacDonald Drive, Cooroy QLD 4563

               Real Property Description     Lot 105 on SP118458

               Subject Land Area             3.537ha (35,370m2) – see Appendix B for dimensions

               Local Authority               Noosa Shire Council

               Planning Instrument           Noosa Plan 2020
               Current Registered            Noosa Shire Council (see Appendix A – Current Titles Search
               Landowner                     for details).
               Easements                     None (see Appendix A for details)
                                             Review of the DA Online Mapping System, determined that this
               Referrals
                                             application does not require referral to SARA for assessment.
               STATE MATTERS
               SEQ Regional Plan Land
                                             Urban Footprint (see Section 7.1 for details)
               Use Category
               State Planning Policy         Integrated (see Noosa Plan 2020 – Part 2)

               PLANNING SCHEME DESIGNATIONS

               Zone                          Community Facilities Zone (Zone Map ZM10)

               Local Plan                    Cooroy Local Plan Area

               Precinct                      N/A

               APPLICATION DETAILS

               Applicant                     Noosa Shire Council C/- Murray & Associates (QLD) Pty Ltd

               Proposal                      Reconfiguring a Lot by Subdivision (1 Lot into 2 Lots)

               Application Type              Development Permit

               Level of Assessment           Code Assessable

               PLM Reference                 N/A

               PROJECT TEAM
               Town Planning &
                                             Murray & Associates (QLD) Pty Ltd
               Surveying




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Planning Report No. 100988          Murray & Associates (QLD) Pty Ltd                                 July 2024

Page 6

2.0         Introduction

            Murray & Associates (QLD) Pty Ltd have been commissioned to prepare this
            Planning Report on behalf of Noosa Shire Council in support of an Application
            for a Development Permit for Reconfiguring a Lot by Subdivision (1 Lot into 2
            Lots), involving land described as Lot 105 on SP118458, situated at 62 Lake
            MacDonald Drive, Cooroy QLD 4563.

            The Current Registered Landowner (Appendix A) has provided written
            consent to the proposed development by signing the Landowner’s Consent
            Form (Planning Act 2016). This form and a completed DA Form 1 –
            Development Application Details accompany this Report.

            The subject site comprises an area of 3.537ha (35,370m2) and is included
            within the Community Facilities Zone in accordance with Zone Map ZM10 of the
            Noosa Plan 2020. The proposed development is deemed ‘Code Assessable’, in
            accordance with Part 5 – Tables of Assessment, 5.6 – Categories of
            Development and Categories of Assessment – Reconfiguring a Lot.

            This Planning Report provides an assessment of the proposed development
            against the relevant Local and State Planning Provisions. It should be read in
            conjunction with the supporting information included in the Figures and
            Appendices, together with the attached DA Form 1.




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Planning Report No. 100988     Murray & Associates (QLD) Pty Ltd                  July 2024

Page 7

3.0         Site Overview & Surrounding Land Uses
3.1         Location of Subject Site

            The subject site is legally described as Lot 105 on SP118458, situated at 62
            Lake MacDonald Drive, Cooroy, and is located approximately 650m from the
            Cooroy CBD. This provides the site with convenient access to the Cooroy Train
            Station, Noosa District State High School, the Bruce Highway, a range of
            services, amenities, and the greater Noosa Region (Figure 1).




            Figure 1 - Locality Map




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Planning Report No. 100988     Murray & Associates (QLD) Pty Ltd                 July 2024

Page 8

3.2         Land Zoning & Surrounding Land Uses




            Figure 2 - Zoning Map

            The subject site is included in the Community Facilities Zone (ZM10) of the
            Cooroy Local Plan Area and is surrounded by the following land uses
            (Figure 2):

              Direction      Land Use
              North          ➢   Lake Macdonald Drive
              East           ➢   Low Density Residential
              South          ➢   Medium Density Residential
                             ➢   Cooroy Cemetery directly adjoins the site to the west (Community Facilities
              West
                                 Zone – 9)




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Planning Report No. 100988              Murray & Associates (QLD) Pty Ltd                           July 2024

Page 9

3.3         Built & Natural Site Features




            Figure 3 - NearMap Imagery

            The subject site comprises an existing shed towards the site’s western
            boundary and the remainder of the site is a mixture of open grassland space
            and slash pine and gympie messmates over the southern portion of the site
            that are both plantation timber and were planted in 1973 / 74 for future harvest
            and reducing weed infestation at the time. These species are not endemic to
            the area and accordingly Council has recently obtained a tree clearing permit
            (OPW23/0190). The site does comprise contaminated land involving a previous
            landfill operation under the slash pine over the southern portion of the site and
            nightsoil disposal over the cleared northern portion of the site.


3.4         Access & Services

            The subject site comprises frontage to Lake Macdonald Drive to the north and
            Dianella Court to the north east.

            Whilst the subject site has access to urban services, the site is not connected.




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Planning Report No. 100988      Murray & Associates (QLD) Pty Ltd                    July 2024

Page 10

4.0         Proposed Development

            This application seeks approval for a Development Permit for Reconfiguring a
            Lot by Subdivision (1 Lot into 2 Lots), involving land described as Lot 105 on
            SP118458, situated at 62 Lake MacDonald Drive, Cooroy QLD 4563.

            Murray & Associates (Qld) Pty Ltd have prepared the Plan of Subdivision which
            has been included in Appendix C. The lot area breakdowns are as follows:

                    ➢   Proposed Lot 2: 2.537ha

                    ➢   Proposed Lot 100: 1ha

            The purpose of this development proposal is to subdivide proposed Lot 100
            which is effectively for future cemetery land and enable Lot 2 to be remediated
            from any land contamination. As Council are aware, the land is included within
            the Community Facilities Zone and as such does not have any accepted
            development use rights that would otherwise mandate services connections at
            the subdivision stage.      This proposal is effectively a management lot
            subdivision to enable the remediation of Lot 2 from land contamination in the
            short term.

            Given the specific nature of this subdivision proposal described above, services
            connections are not necessary.




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Planning Report No. 100988      Murray & Associates (QLD) Pty Ltd                   July 2024

Page 11

5.0         Local Planning – Overlays

            The subject site is affected by the following overlays:

                 ➢ Biodiversity Overlay – Area of Biodiversityt Significance;

                 ➢ Extractive Resources Overlay – Local Resource Separation Area;

                 ➢ Flood Hazard Overlay – Flood and Inundation Extent;

                 ➢ Landslide Hazard Overlay – Moderate Hazard Area; and

                 ➢ Regional Infrastructure Overlay – Water Supply Pipeline.

            Comment on these Overlays is provided below:




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Planning Report No. 100988       Murray & Associates (QLD) Pty Ltd              July 2024

Page 12

5.1         Biodiversity Overlay




            Figure 4 – Biodiversity Map

            The subject site is included in the Biodiversity Overlay – Area of Biodiversity
            Significance (Figure 5). As stated above, the mapped area is dominated by
            slash pine and gympie messmates which are both plantation timber and were
            planted in 1973 / 74 for future harvest and reducing weed infestation at the
            time. These species are not endemic to the area and accordingly Council has
            recently obtained a tree clearing permit (OPW23/0190).




                                              11


Planning Report No. 100988     Murray & Associates (QLD) Pty Ltd                   July 2024

Page 13

5.2         Extractive Industry Overlay




            Figure 5 – Extractive Resources Map

            The subject site triggers the Extractive Resources Overlay – Local Resource
            Separation Area.    However, this separation area only encroaches into the
            north-eastern extremity of the site and has no impact on the purpose of the
            subdivision. Importantly, it must be noted that there is no operating quarry
            anymore and that site has been remediated and is now an established rural
            residential subdivision.




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Planning Report No. 100988      Murray & Associates (QLD) Pty Ltd               July 2024

Page 14

5.3         Flood Hazard Overlay




            Figure 6 - Flood Hazard Map

            The site is identified as comprising Flood and Inundation Extent in accordance
            with Council’s Flood Hazard Overlay. However, this hazard area only
            encroaches into the north-eastern extremity of the site and has no impact on
            the purpose of the subdivision.




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Planning Report No. 100988     Murray & Associates (QLD) Pty Ltd                  July 2024

Page 15

5.4         Landslide Hazard Overlay




            Figure 7 - Landslide Hazard map

            The site triggers the Landslide Hazard Overlay – Moderate Hazard Area along
            its boundaries. However, given the purpose of the management lot subdivision,
            this hazard area only affects a very small portion of the site and has no impact
            on the purpose of the subdivision.




                                               14


Planning Report No. 100988      Murray & Associates (QLD) Pty Ltd                   July 2024

Page 16

5.5         Regional Infrastructure Overlay




            Figure 8 - Regional infrastructure Map

            The subject site is identified as triggering the Regional Infrastructure Overlay
            – Water Supply Pipeline. The proposed subdivision has no impact on the watery
            supply pipeline.




                                               15


Planning Report No. 100988      Murray & Associates (QLD) Pty Ltd                   July 2024

Page 17

6.0         Local Planning
6.1         Level of Assessment

            In accordance with Part 5.6 Categories of Development and Categories of
            Assessment – Material Change of Use, Table 5.6.1 – Reconfiguring a Lot, the
            proposed subdivision is deemed ‘Code Assessable’ development. As such, an
            assessment of the Strategic Framework was not required.

            Review of the above Table indicates the following codes are applicable:

                 ➢   Community Facilities Zone Code
                 ➢   Cooroy Local Plan Code
                 ➢   Reconfiguring a Lot Code
                 ➢   Works Codes
                 ➢   Overlay Codes


            Murray & Associates (QLD) Pty Ltd have prepared an assessment of the
            Reconfiguring a Lot Code (refer to Appendix D), however an assessment
            against the Community Facilities Zone Code, Cooroy Local Plan Code, Works
            Codes and Overlay Codes was deemed unnecessary based on the justification
            provided below:

                 ➢ Community Facilities Zone Code: Following an assessment of the
                     Community Facilities Zone Code, the only PO relevant to the
                     development proposal is PO50 as follows:

                     PO50
                     Development is supported by adequate infrastructure and services
                     including reticulated water, sewerage, stormwater drainage, sealed
                     roads, pathways, electricity and telecommunication infrastructure.

                     Comment: As explained under Section 4.0 of this report, The purpose
                     of this development proposal is to subdivide proposed Lot 100 which is
                     effectively for future cemetery land and enable Lot 2 to be remediated

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Planning Report No. 100988       Murray & Associates (QLD) Pty Ltd                  July 2024

Page 18

                     from any land contamination. As Council are aware, the land is included
                     within the Community Facilities Zone and as such does not have any
                     accepted development use rights that would otherwise mandate
                     services connections at the subdivision stage.       This proposal is
                     effectively a management lot subdivision to enable the remediation of
                     Lot 2 from land contamination in the short term.

                     Given the specific nature of this subdivision proposal described above,
                     services connections are not necessary.

                 ➢ Cooroy Local Plan Code: Following an assessment of the Cooroy Local
                     Plan Code, there are no elements that are applicable to the development
                     proposal as there is no built form outcome resulting from the proposed
                     subdivision.

                 ➢ Works Codes: Given the nature of the subdivision proposal described
                     under Section 4.0 of this report, there will be no alteration to the
                     existing services and no requirement for services connections. As such,
                     the Works Codes are not applicable to this subdivision proposal.

                 ➢ Overlay Codes: Overlays have been addressed by Section 5 of This
                     Report.




                                                   17


Planning Report No. 100988          Murray & Associates (QLD) Pty Ltd               July 2024

Page 19

7.0         State Planning Matters
7.1         SEQ Regional Plan




            Figure 9 - SEQ Regional Plan Map

            The purpose of the Regional Plan is to guide growth and development in South
            East Queensland to 2046. Accordingly, all development in South East
            Queensland needs to accord with the provisions contained within the SEQ
            Regional Plan 2023. Under the South East Queensland Regional Plan, the
            subject site is identified within the ‘Urban Footprint’ designation. The following
            Table provides an assessment of the proposal against the intent for this
            designation:
              Urban Footprint
              The Urban Footprint identifies land in which the region’s urban development needs to 2046 can
              be accommodated in a way consistent with the outcomes and strategies of ShapingSEQ 2023.
              Comment




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Planning Report No. 100988          Murray & Associates (QLD) Pty Ltd                             July 2024

Page 20

              The proposal is consistent with the intent of the SEQRP designation by creating a management
              lot subdivision for the purpose of removing land contamination which in turn allows consideration
              for future use.




                                                      19


Planning Report No. 100988           Murray & Associates (QLD) Pty Ltd                                July 2024

Page 21

8.0         Conclusions and Recommendations

            This application provides justification for approval for a Development Permit
            for Reconfiguring a Lot by Subdivision (1 Lot into 2 Lots), involving land
            described as Lot 105 on SP118458, situated at 62 Lake MacDonald Drive,
            Cooroy, on the following grounds:

                 ➢ The 1 into 2 Lot subdivision is effectively a management lot subdivision
                     which enables Lot 2 to be remediated from any land contamination
                     whilst establishing Lot 100 for cemetery purposes.

                 ➢ Given the nature of this subdivision proposal and the community
                     facilities zoning allocation, services connections are not necessary.

                 ➢   The subdivision proposal addresses all applicable elements of the Noosa
                     Plan 2020.

            Thus, on behalf of Noosa Shire Council, it is recommended that Council issue a
            Development Permit for Reconfiguring a Lot by Subdivision (1 Lot into 2 Lots),
            involving land described as Lot 105 on SP118458, situated at 62 Lake
            MacDonald Drive, Cooroy QLD 4563.




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Planning Report No. 100988        Murray & Associates (QLD) Pty Ltd                   July 2024

Page 22

                                                                 Appendix A




            Current Title Search




                                            21


Planning Report No. 100988   Murray & Associates (QLD) Pty Ltd      July 2024

Page 23

                                                                 Appendix B




            Survey Plan & SmartMap




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Planning Report No. 100988   Murray & Associates (QLD) Pty Ltd      July 2024

Page 24

                                                                  Appendix C




            Plan of Subdivision

            Prepared by Murray & Associates (QLD) Pty Ltd




                                             23


Planning Report No. 100988    Murray & Associates (QLD) Pty Ltd      July 2024

Page 25

                                                                  Appendix D




            Code Assessment

            Prepared by Murray & Associates (QLD) Pty Ltd




                                             24


Planning Report No. 100988    Murray & Associates (QLD) Pty Ltd      July 2024

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