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Planning Report
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
Code Assessable Development Application for the
Reconfiguration of a Lot (1 into 2 Lots)
over land at
96 Black Mountain Range Road, Black Mountain
(Lot 3 on RP131369)
In the Noosa Shire Council Planning Scheme Area
on behalf of Brett Hage
October 2022
CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
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103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
Table of Contents
1 Summary ............................................................................................................. 3
2 Site Details .......................................................................................................... 4
2.1 Existing Use and Description .............................................................................................. 4
2.2 Surrounding Land Uses ....................................................................................................... 4
3 Prelodgement Advice......................................................................................... 5
4 Proposal .............................................................................................................. 7
4.1 Access .................................................................................................................................... 7
4.2 Services.................................................................................................................................. 7
4.3 Earthworks ............................................................................................................................. 7
5 Statutory Assessment – State Government ..................................................... 8
5.1 State Planning Policy (SPP) ................................................................................................. 8
5.2 State Planning Regulatory Provisions (SPRP) ................................................................... 8
5.3 Referral and State Development Assessment Provisions ................................................ 8
6 Statutory assessment – Local Government ..................................................... 9
6.1 Code Assessment ................................................................................................................. 9
6.1.1 Rural Residential Zone Code .............................................................................................. 9
6.1.2 Reconfiguring a Lot Code ................................................................................................... 9
6.1.3 Driveways and Parking Code ............................................................................................ 10
6.1.4 Earthworks Code ............................................................................................................... 10
6.1.5 Existing Services Code ..................................................................................................... 10
6.1.6 Fire Services for Common Private Title Code ................................................................... 10
6.1.7 Landscaping Code ............................................................................................................ 11
6.1.8 Sustainable Building Design Code .................................................................................... 11
6.1.9 Transport Code ................................................................................................................. 11
6.1.10 Water Quality and Drainage Code ................................................................................ 11
6.1.11 Waste Management Code ............................................................................................ 12
6.1.12 Biodiversity, Waterways and Wetlands Overlay Code .................................................. 12
6.1.13 Bushfire Hazard Overlay Code ..................................................................................... 12
6.1.14 Landslide Hazard Overlay Code ................................................................................... 12
7 Conclusion ........................................................................................................ 13
Appendices
Appendix A .....................................................................................................QLD Title RP131369_3
Appendix B ..................................................................................................... Land Owner’s Consent
Appendix C ................................................................................................................... Proposal Plan
Appendix D ............................................Proposal Plan Information (For Information Purposes Only)
Appendix E ............................................................................................. Engineering Report & Plans
Appendix F ......................................................................................... Ecological Assessment Report
Appendix G......................................................... Bushfire Hazard Assessment & Management Plan
Appendix H .............................................................................................. Slope Stablity Assessment
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Page 3
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
1 SUMMARY
This report has been prepared on behalf of Brett Hage and seeks approval for a code assessable
development application for a Reconfiguration of a Lot (1 into 2 Lots) over land at 96 Black Mountain
Range Road, Black Mountain also described as Lot 3 on RP131369.
The development will involve subdividing the existing lot to create a total of 2 standard format lots.
Proposed Lot 1 will have an area of 1.882ha and will contain an existing dwelling within the western
building envelope and Lot 2 will be a vacant lot with an area of 4.75ha.
This report describes the site and surrounds of the proposed development which is consistent with the
pattern of subdivision in the area and the intent of the rural residential zone. All applicable codes should
be read in conjunction with the relevant attachments. It is submitted that Council approval of the
application is warranted, subject to reasonable and relevant conditions.
APPLICATION DETAILS
Site Details
Land Owner Brett Edwin Hage
Property Address 96 Black Mountain Range Road, Black Mountain QLD 4563
Real Property Description Lot 3 on RP131369
Site Area 6.627414ha
Local Authority Noosa Shire Council
Current Land Use Residential – Detached Dwelling House
Proposal Reconfiguration of a Lot (1 into 2 Lots)
STATUTORY DETAILS
State Government Assessment
SEQRP Land Designation Rural Living Area
State Referral Agencies N/A
Local Government Assessment
Planning Scheme Noosa Plan 2020
Zoning Rural Residential Zone
Local Plan Area N/A
Assessment Type Code
Overlays • Biodiversity, Waterways and Wetlands Overlay
• Bushfire Hazard Overlay
• Landslide Hazard Overlay
Development Codes • Rural Residential Zone Code
• Reconfiguring a Lot Code
• Works Codes
o Driveways and Parking Code
o Earthworks Code
o Existing Services Code
o Fire Services for Common Private Title Code
o Landscaping Code
o Sustainable Building Design Code
o Transport Code
o Water Quality and Drainage Code
o Waste Management Code
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Page 4
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
2 SITE DETAILS
2.1 Existing Use and Description
The site comprises an area of approximately 6.63ha and is currently used for a dwelling house. The
site slopes downwards towards the east with varying gradients. The site is heavily vegetated with a
gully running through the middle of the site.
2.2 Surrounding Land Uses
The site is adjoined by lots zoned rural residential to the north, south and east. To the west is zoned
rural on the other side of Black Mountain Range Rd. The immediate surrounding area is predominantly
characterised by 1 storey dwelling houses in a rural setting.
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Page 5
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
3 PRELODGEMENT ADVICE
The proposal was the subject of a prelodgement meeting with Council (PLM22/0013) dated 24 March
2022 prior to proceeding with a development application over the land. The resultant proposal plans
have been amended to incorporate advice from Council where possible, practical and warranted, having
regard to applicable planning scheme requirements and specific site circumstances. Responses to key
issues are outlined below.
Building Envelope
Matter Raised Response
It was verbally suggested by the applicant that a The proposal plans now show building envelopes
building envelope was not to be proposed to be for each proposed lot. Refer to Appendix C –
provided on the northern lot. Should a building Proposal Plan.
envelope on the northern lot not be sought,
justification against Performance Outcome 7 is to
be provided.
The proposed envelope/s are to demonstrate AO7.4 requires new lots less than 4000m2 in area
that each lot has sufficient area and other to not have a slope exceeding 10% crossfall or
attributes to ensure efficient and effective on-site 5% lengthwise slope. The development does not
sewerage disposal, have a slope not exceeding propose lots less than 4000m2, therefore AO7.4
10% crossfall or 5% lengthwise slope as per is not applicable to the proposal.
AO7.4, in addition to demonstrating the site is
suitable for the intended use of the lots.
Biodiversity, Waterways and Wetlands
Matter Raised Response
The proposed location of proposed Lot 2 building An Ecological Assessment Report and Slope
envelope is majority located within the mapped Stability Assessment Report has been provided
Biodiversity, Waterways and Wetlands Overlay. as part of the application documents to address
This will require detailed assessment of the site constraints and the proposed building
overlay code and ecological assessment. envelopes. Refer to Appendices F and H for full
Rehabilitation/offset planting may be required in details.
other areas of the site particularly if vegetation is
proposed to be removed from this area. The
landslide mapping covers most of the area of
proposed Lot 2 building envelope PO4 and
AO4.4 detail requirements to not clear vegetation
where clearing may contribute to landslips.
Detailed justification would be required.
A vegetation protection covenant over the area A vegetation covenant is proposed over majority
within Lot 2 in particular where the riparian buffer of Lot 2 to protect ecologically important areas.
is located is advised. Rehabilitation activities
including weed management and potentially
replanting/rehabilitation may be a condition of the
approval (Biodiversity Overlay Code A02 and
PO10). With strong links to the Koala mapping
and rehabilitating with Koala suitable trees.
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103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
Koala Priority Area and Koala Habitat Area
Matter Raised Response
It was outlined in the Pre-lodgement Meeting by Correctional mapping has been undertaken by
the Applicant’s Ecologist that correctional State Government and the site is no longer
mapping is to be undertaken by the State mapped as containing core koala habitat. Refer
Department as the land has since been deemed to Appendix F – Ecological Assessment Report
not to be Koala Habitat. for a copy of the koala habitat area determination
map issued by State Government.
Formal correspondence from the Department
State Development, Manufacturing,
Infrastructure and Planning (DSDMIP) is to be
provided upon lodgement of the application that
states the premises has been incorrectly mapped
as Koala Habitat and will be corrected.
Access
Matter Raised Response
A desktop assessment shows that the existing Site access and sight stopping distance has been
property access does not comply with the addressed as part of Appendix E – Engineering
required safe sight distance (181m) for the road’s Report and Plans. The Engineering Report
speed environment (80Km/h). Council is unlikely advises that the proposed access location is
to approve the creation of a new access unless appropriate and suitable.
the applicant can demonstrate compliance with
the requirements of Council’s Standard Drawing
RS-056, namely Safe Site Distance.
Bushfire Hazard Overlay
Matter Raised Response
Both Lot 1 and 2 building envelope is located A Bushfire Hazard Assessment and
close to vegetation with potential for vegetation Management Plan has been provided as part of
removal to facilitate a setback. The Lots are the application documents to address site
located in mostly Medium Potential Bushfire constraints and the proposed building envelopes.
Intensity. A Bushfire Hazard Assessment and The report concluded that the proposed
Management Plan is required to assess the level development in combination with the
of bushfire risk and provide management recommendations from the report is deemed
measures. If vegetation removal is required suitable with respect to providing a reasonable
assessment will be required in particular against level of protection for people and property within
PO2 of the Bushfire Hazard Overlay Code where the site. Refer to Appendix G for full details.
Bushfire Mitigation Measures must not adversely
impact the environment.
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Page 7
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
4 PROPOSAL
The application seeks approval for a code assessable development permit for a Reconfiguration of a
Lot (1 into 2 Lots) at 96 Black Mountain Range Road, Black Mountain in accordance with the submitted
proposal plans and engineering plans (refer to Appendices C and E).
The proposal involves subdividing the existing lot to create a total of 2 standard format lots with an
existing house to be retained on Lot 1. Lot 1 will have an area of 1.882ha and Lot 2 will have an area
of 4.754ha. Lot 1 will provide two separate building envelopes with areas of 3574m2 and 2117m2 (total
building envelope area of 5691m2) with the existing dwelling house being retained in one of the building
envelope areas and Lot 2 will provide a singular building envelope with an area of 862m 2 to
accommodate a future dwelling house.
The proposed subdivision layout results in irregular shaped lots due to lot boundaries being aligned to
avoid traversing ecologically important areas. Despite the lots being irregular in shape, the layout is
considered to be appropriate as they meet the prescribed 1.5ha minimum lot size, are of a consistent
size and character of surrounding lots, still enable activities consistent with the purpose and overall
outcomes sought for the rural residential zone, and both lots are capable of accommodating dwelling
houses (noting that Lot 1 contains an existing dwelling house and Lot 2 has an 862m2 building
envelope).
4.1 Access
The lots will be accessed via new separate concrete driveways from Black Mountain Range Road
located generally in accordance with the existing driveway location.
4.2 Services
The development site will be connected to telecommunications and electricity services. The site is
located in an area that is not serviced by water and sewer trunk infrastructure. Each lot will be
appropriately self-supported with tanks for domestic water supply and fire-fighting purposes and on-site
effluent disposal for wastewater treatment.
Waste management will be via kerbside collection from Black Mountain Road.
4.3 Earthworks
The development will require minor earthworks to facilitate construction of the driveway crossovers only.
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Page 8
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
5 STATUTORY ASSESSMENT – STATE GOVERNMENT
5.1 State Planning Policy (SPP)
The State Planning Policy (July 2017) is appropriately reflected and integrated in the Noosa Plan 2020.
Therefore, the proposal does not require separate assessment against the SPP.
5.2 State Planning Regulatory Provisions (SPRP)
The following SPRP are relevant to the proposal:
• South East Queensland Regional Plan 2009-2031 SPRP; and
• SPRP (Adopted Charges).
As the site is included within the South East Queensland Regional Plan 2009-2031 under the land use
category of Rural Living, further assessment against the plan is not required.
The SPRP (Adopted Charges) is reflected in the Noosa Shire Council’s Charges Resolution and will be
applied to the development approval.
5.3 Referral and State Development Assessment Provisions
Correctional mapping has been undertaken by State Government and the site is no longer mapped as
containing core koala habitat. Refer to Appendix F – Ecological Assessment Report for a copy of the
koala habitat area determination map issued by State Government.
A review of the State Assessment Referral Agency DA online mapping system and Schedule 10 of the
Planning Regulation 2017 confirms that the development application does not require referral for
matters of state interest.
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Page 9
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
6 STATUTORY ASSESSMENT – LOCAL GOVERNMENT
6.1 Code Assessment
The proposed development triggers code assessment as determined in accordance with Part 5 Tables
of Assessment from the Noosa Plan 2020 as the development is for reconfiguring a lot.
In general this application complies with the acceptable outcomes from the applicable planning scheme
codes. Commentary for a performance outcome satisfied by an alternative means is provided below.
6.1.1 Rural Residential Zone Code
No performance outcome from this code requires satisfaction by alternative means. The proposed
development satisfies the purpose and overall outcomes of the code and is consistent with the intended
use of the zone which will enable low density, semi-rural in nature residential uses and activities on
large lots.
6.1.2 Reconfiguring a Lot Code
Table 9.5.1.3 Criteria for assessable development
Performance Outcomes Acceptable Outcomes Comment
PO5 AO5.2 Performance Solution
New lots have areas and In general, lots have a The proposed subdivision
dimensions that: predominantly regular, layout results in irregular
(a) are consistent with the rectangular shape. shaped lots. Despite this, it is
purpose and overall considered that the
outcomes of the applicable Editor's note- development satisfies the
topographical constraints or
zone or zones; corresponding performance
environmental values may call for
(b) are consistent with the size irregular property boundaries. outcome. Specifically, the
and character of proposed lots are of a
surrounding lots; consistent size and character of
(c) can accommodate land surrounding lots, are larger than
uses that are consistent the prescribed 1.5ha minimum
with the purpose and lot size for the rural residential
overall outcomes of the zone, still enable activities
applicable zone; consistent with the purpose and
(d) allow for siting and overall outcomes of the rural
construction of buildings, residential zone, and both lots
structures, access ways are capable of accommodating
and car parking while:- dwelling houses with the
(i) retaining ecologically development proposing to
important areas and retain the existing dwelling and
ecological linkages; outbuildings on Lot 1 and Lot 2
(ii) minimising risk of soil has a proposed 862m2 building
erosion, landslide, envelope to accommodate a
flooding and bushfire; future dwelling. It is important to
(iii) minimising earthworks acknowledge that the lot
or retaining walls boundaries have been
associated with specifically located to avoid
construction on sloping traversing ecologically
sites; important areas.
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103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
(iv) retaining the scenic
amenity and vegetated
character of the
landscape;
(v) retaining culturally
significant features and
protecting views to
culturally significant
features;
(vi) minimising detrimental
impacts of effluent
disposal or storm water
runoff; including open
space for landscaping;
ensuring safe vehicular
manoeuvring areas
without concentration
of driveways in one
space; and
(vii) where not in a water or
sewerage service area,
allow for water storage
tanks and suitable
effluent disposal.
(e) except where otherwise
specified in a local area
code, comply with the
minimum lot size specified
in Table 9.5.1.4 Minimum
Lot Size and Dimensions
6.1.3 Driveways and Parking Code
Driveway access has been addressed as part of Appendix E – Engineering Report and Plans.
6.1.4 Earthworks Code
No performance outcome from this code requires satisfaction by alternative means. The development
will only require minor earthworks to facilitate the driveway crossovers to tie into the existing surface
levels.
6.1.5 Existing Services Code
No performance outcome from this code requires satisfaction by alternative means.
6.1.6 Fire Services for Common Private Title Code
The development will not be under a common private title. As such further assessment against this
code is not required.
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Page 11
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
6.1.7 Landscaping Code
No performance outcome from this code requires satisfaction by alternative means. The development
is for a reconfiguration of a lot only and does not involve landscaping works as part of this stage of the
development.
6.1.8 Sustainable Building Design Code
No performance outcome from this code requires satisfaction by alternative means. Compliance with
applicable requirements of this code can be conditioned in a development approval.
6.1.9 Transport Code
Table 9.4.7.3 Criteria for assessable development
Performance Outcomes Acceptable Outcomes Comment
PO14 AO14 Performance Solution
Development is provided with Where not already existing, the It is submitted that kerb and
external works— following infrastructure channel is not warranted and
(a) along the full extent of the components are provided at the would not in fact improve the
frontage of the site to an frontage of the site— existing drainage
appropriate standard (a) full width sealed road; circumstances for this
having regard to the (b) concrete kerb and channel subdivision i.e.
specified function of the where appropriate; • The lots immediately north
road; and (c) forming and grading to of the subject lot do not
(b) provided beyond the site’s footpaths; have kerb and channel;
frontage if required (d) vehicular kerb and footpath • There is a functional table
crossings; drain arrangement
(e) a constructed bikeway; operating over part of the
(f) a constructed footpath; lot frontage;
(g) a constructed carriageway; • Construction of kerb and
(h) required alterations to channel and subsequent
public utility mains, services concentration of
or installations; stormwater would require
(i) construction of any required discharge construction over
alterations to public utility the steep back and into the
mains, services or heavily vegetated subject
installations; lot; and
(j) stormwater drainage works; • The development proposes
and using the same access
(k) installation of electrical point for access to the new
conduits. lots enabling the existing
table drain arrangements to
be utilised albeit with some
minor alterations at the
access point itself.
6.1.10 Water Quality and Drainage Code
Stormwater management has been addressed as part of Appendix E – Engineering Report & Plans and
will be further addressed in detail as part of a future operational works application.
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103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
6.1.11 Waste Management Code
No performance outcome from this code requires satisfaction by alternative means.
6.1.12 Biodiversity, Waterways and Wetlands Overlay Code
Assessment against the biodiversity, waterways and wetlands overlay code has been addressed in
detail as part of the Appendix F – Ecological Assessment Report. Development is to be undertaken in
accordance with the recommendations outlined within Appendix F and it is requested that a
development approval be conditioned accordingly to ensure compliance.
6.1.13 Bushfire Hazard Overlay Code
Assessment against the bushfire hazard overlay code has been addressed in detail as part of Appendix
G – Bushfire Hazard Assessment & Management Plan. Development is to be undertaken in accordance
with the recommendations outlined within Appendix G and it is requested that a development approval
be conditioned accordingly to ensure compliance.
6.1.14 Landslide Hazard Overlay Code
No performance outcome from this code requires satisfaction by alternative means. A site-specific
geotechnical report has been provided and found that the site has a low risk of slope instability and is
appropriate for further development subject to the recommendations within the report (refer to Appendix
H – Geotechnical Report). It is requested that a development approval be conditioned accordingly to
ensure compliance with Appendix H.
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Page 13
103 Wrigley St (Cnr Sugar Road)
P O Box 5774
Maroochydore BC Q 4558
Phone: 617 5479 5311
Fax: 617 5479 1289
Email: [email protected]
Part of CadCon International Pty Ltd
ACN 098 201 828
7 CONCLUSION
This report has been prepared as part of a code assessable development application seeking approval
for a Reconfiguration of a Lot (1 into 2 Lots) over land at 96 Black Mountain Range Road, Black
Mountain also known as Lot 3 on RP131369.
The proposal involves subdividing the existing lot to create a total of 2 standard format lots. Proposed
Lot 1 will have an area of 1.882ha and will retain the existing house within one of the building envelope
areas whilst Lot 2 will become a vacant lot with a lot area of 4.75ha. The lots will be accessed via
separate driveways with the crossovers generally located as per the existing access point. A future
operational works application will be required to facilitate the proposed subdivision.
The proposal is consistent with the Noosa Plan 2020 and this report has demonstrated that the
applicable codes have been satisfied. The proposal satisfies the applicable overall outcomes sought for
the rural residential zone as it will enable the preferred level of low density, semi-rural in nature
residential uses and is consistent with the pattern of subdivision in the area. Appendices C to H provide
the required detail to demonstrate compliance with the applicable planning scheme codes.
It is submitted that Council approval of the application is warranted subject to reasonable and relevant
conditions.
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