Delegated Report - Code - Planning RAL22 0002 · RAL22/0002

Author	Georgina Schramm, Development Planner
	Development Assessment

APPLICATION DETAILS
Application No.	RAL22/0002
Applicant	ACN 606 265 472 Pty Ltd TTE & Caana Am Pty Ltd Tte C/- Pivotal Perspective
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	11 March 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	12 May 2022
Report Completed Date	11 May 2022
Report Reviewed By	Patrick Murphy 11.05.2022

PROPERTY DETAILS
Property Address	28 Mitti St & 30 Mitti St Noosa Heads Qld 4567
RP Description	Lot 37 RP 51935, Lot 36 RP 51935
Land Area	840.0000 m² 774.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Noosa Heads Local Plan
Overlays	Biodiversity, Waterways and Wetlands
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment (2 into 2 lots).
The proposal is for the purpose of resolving a boundary encroachment of a portion of the swimming pool at 28 Mitti Street (Lot 36 RP51935) on the adjoining northern premises, Lot 37 RP51935. The area of the encroachment is 3.28m2 and will be ‘swapped’ for the same amount of area for bin storage adjacent to the driveway for Lot 37.
Figure 9 shows the portion of the pool encroachment.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Proposed Subdivision Plan
Figure 3 – Detailed Subdivision Plan

Figure 4 – Photograph taken from streetside – Left No.30, Right No. 28

Figure 5 – Photograph of Bin Area – No. 30 Mitti Street

Figure 6 – Photograph – Taken looking to the rear boundary – Left No. 30, Right No.28

Figure 7 – Taken from Rear Boundary - Left  No.   28 and Right  No. 30

Figure 8 – Photograph taken from the rear boundary

site details
Background
The northern dwelling on Lot 37 RP51935 was constructed in 2016, and the southern dwelling on Lot 36 RP51935 appears to have been constructed in 1994.
Based off aerial imagery, the swimming pool which is the subject of the boundary encroachment was constructed between 2016 and 2017.
Site Description
Both lots are accessible by an access lane from Mitti Street which appears to service several dwellings which are intermittently used for short term accommodation purposes.
Lot 37 RP51935 is 778 square metres in area and has an easement over the rear of the lot. The easement is for the purpose of shared access to the tennis court with the northern adjoining landholder (Lot 38 RP51935).
Lot 36 RP51935 is 843.2 square metres in area.
Both Lots 36 and 37 adjoin Noosa National Park to the east of the site.
Surrounding Land Uses
Surrounding land uses vary from residential to Short Term Accommodation, Figure 8 below shows the registered STA premises within proximity to the boundary realignment.

Figure 9 – Surrounding Tourist and Short Term Accommodation
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Noosa Heads Local Plan Code;
Reconfiguring a Lot Code
Works Codes; and
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in Noosa Heads and is zoned Low Density Residential. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments.
Reconfiguring of a Lot Code
AO5.2 In general, lots have a predominantly regular, rectangular shape.
PO5 New lots have areas and dimensions that:
are consistent with the purpose and overall outcomes of the applicable zone or zones;
are consistent with the size and character of surrounding lots;
can accommodate land uses that are consistent with the purpose and overall outcomes of the applicable zone;
allow for siting and construction of buildings, structures, access ways and car parking while:-
retaining ecologically important areas and ecological linkages;
minimising risk of soil erosion, landslide, flooding and bushfire;
minimising earthworks or retaining walls associated with construction on sloping sites;
retaining the scenic amenity and vegetated character of the landscape;
retaining culturally significant features and protecting views to culturally significant features;
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
where not in a water or sewerage service area, allow for water storage tanks and suitable effluent disposal.
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.

PO6 Development provides for irregular shaped lots to be created only where:
the creation of regular lots is impractical such as at a curve in the road or because of topographical constraints;
safe access and visual exposure to and from the site can be provided, while not adversely impacting on the functionality of the surrounding road network;
it is desirable to avoid clearing of vegetation and the fragmentation of habitat in ecologically important areas; and
the irregular lot is demonstrably suitable for its intended purpose.

The proposed reconfiguration is for the purpose of realigning the boundaries of 2 lots to rectify a building encroachment. Two sections along the common boundary of the lots are proposed to be realigned to resolve the encroachment of the swimming pool and associated infrastructure, and to essentially offset an area to maintain the current lot sizes. The ‘offset’ area will be utilised for bin storage.
While the proposal will result in two irregular shaped lots, the proposed reconfiguration is minor and will not result in non-compliance with the minimum lot size requirements of the scheme. Existing services, vehicle access and parking arrangements will not be impacted because of the realignment. While the proposal will create two irregular shaped lots, the use of the lots is consistent with the purpose and intent of the zone, and will rectify the existing encroachment and not introduce any new impacts.

The proposed reconfiguration generally complies the relevant Outcomes.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Engineering Officer – Diogo Carrico
As conditioned.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL22/0002 for a Reconfiguring a Lot - Boundary Realignment situated at 28 Mitti St Noosa Heads Qld 4567 30 Mitti St Noosa Heads Qld 4567and described as Lot 37 RP 51935, Lot 36 RP 51935, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0002
Street address:	28 Mitti St & 30 Mitti St Noosa Heads Qld 4567
Real property description:	Lot 37 RP 51935, Lot 36 RP 51935
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A01	V1	Proposed Subdivision Plan between 28 & 30 Mitti St, Noosa Heads (Lots 36 & 37 RP51935) prepared by NCLS (Mike Campbell)	10 February 2022
A02	V1	Detailed Subdivision Plan between between 28 & 30 Mitti St, Noosa Heads (Lots 36 & 37 RP51935) prepared by NCLS (Mike Campbell)	10 February 2022
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
This development approval lapses if the requirements of the conditions have not been completed and an application for plan seal is not lodged with Council by 11 May 2026, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to any new boundaries for any existing buildings remaining on the site comply with the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice
all constructed access and roadworks (including associated fill batters and retaining walls) are fully contained within a dedicated reserve or registered easement
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
all existing effluent disposal areas are wholly located within the lot they serve and comply with the boundary setback requirements of the Plumbing and Drainage Act 2002 and associated codes and requirements
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
for the community title scheme, the road pavement changes required by this Decision Notice accurately demarcate the boundaries of the public and private land.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex, NBN and Unitywater) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
The siting of the swimming pool has not been assessed in association with the immediate development application. It is to be noted that the rear boundary adjoins a National Park (public open space).
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Development Compliance Inspection
Prior to the commencement of the use, please contact Council's Development Assessment Branch to arrange a Development Compliance Inspection.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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