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Appendix D - Code Assessment · RAL22/0006

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                                                             RECONFIGURING A LOT CODE

      Application for a Development Permit for a Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots)
                involving land described as Lot 134 on MCH181, situated at 74 Pender Creek Road, Kin Kin Qld 4571.


                  Performance Outcomes                                            Acceptable Outcomes                       Comment
Growth Management
PO1                                                                No acceptable outcome provided.      Not applicable.
Urban residential development:
                                                                                                        The subject site is included in the Rural Zone.
 a)     is confined to land within the Urban boundaries;
 b)     provides a mix of lot sizes and configurations to cater
        for variety in housing choice;
 c)     contributes to efficient use of land and infrastructure;
 d)     increases residential densities and reduces lot sizes in
        close proximity to public transport and centre zones;
 e)     provides appropriate buffer areas between sensitive
        land uses, ecologically important areas and conflicting
        uses;
 f)     contributes positively to the amenity and landscape
        value of the local area
PO2                                                                No solution provided.                Not applicable.
Rural residential development is confined to land within the
Rural Residential zone and included within either the Urban                                             The subject site is not within the Rural Residential
Footprint or Rural Living designations of the South East                                                Zone.
Queensland Regional Plan



PO3                                                                No solution provided.                Not applicable.
Development of land for business and employment functions
occurs within the activity centres and the industrial zones.                                            The proposed development does not involve
                                                                                                        development of land for business and employment
                                                                                                        functions.
PO4                                                                                                     Performance Solution:
With the exception of lots intended to be used by the Council
or State for community infrastructure, conservation purposes                                            Due to the nature of the existing site layout, with
or public utilities, including road widening, no additional lots                                        Pender Creek Road traversing the site and
are created:                                                                                            separating the eastern portion from the balance
                                                                                                        allotment, the proposed subdivision is considered
Full text of the other 22 pages

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         1.   in the Rural zone unless resultant lots have a                                                                 suitable in this instance as it does not result in
              minimum area of 100 hectares;                                                                                  fragmentation of rural land (given it is already
         2.   in the Environmental Management and                                                                            fragmented by the road formation). With specific
              Conservation zone;                                                                                             reference to Proposed Lot 1, the unconstrained
         3.   on Noosa North Shore;                                                                                          open area over the northern portion of the site
         4.   in the Low density residential zone at                                                                         presents numerous opportunities to establish a
              Cooroibah;                                                                                                     dwelling house, effluent disposal area and
         5.   in the Low density residential zone                                                                            vehicular access. As       such, the proposed
              where access is gained via:                                                                                    development is representative of a logical infill
                                                                                                                             subdivision that remains consistent with the
                        1.  Noosa Banks Drive, Tewantin;                                                                     character & amenity of the Rural Zone.
                        2.  Golf Course Drive, Griffith Avenue
                            or Carramar Street, Tewantin;
                        3. Lake Entrance Boulevard,
                            Noosaville;
                        4. Lake Weyba Drive Noosaville,
                            south of Eenie Creek Road; or
                        5. Habitat Place, Noosa Heads;
         6.   within a Water Supply Buffer Area as shown
              on Regional Infrastructure Overlay.


Lot areas and dimensions
PO5                                                               AO5.1                                                      Performance Solution:
New lots have areas and dimensions that:                          New lots are of a size and shape that can accommodate
                                                                  the land uses intended by the zone.                        Table 9.5.1.4 – Minimum Lot Size stipulates that
         1.   are consistent with the purpose and overall                                                                    the minimum lot size for newly created lots is
              outcomes of the applicable zone or zones;           AO5.2                                                      100ha in the Rural Zone. Whilst it is acknowledged
         2.   are consistent with the size and character of       In general, lots have a predominantly regular,             that the Proposed Lots do not achieve this area,
              surrounding lots;                                   rectangular shape.                                         due to the nature of the existing site layout, with
         3.   can accommodate land uses that are consistent                                                                  Pender Creek Road traversing the site and
              with the purpose and overall outcomes of the        Editor's note-topographical constraints or                 separating the eastern portion from the balance
              applicable zone;                                    environmental values may call for irregular property       allotment, the proposed subdivision is considered
         4.   allow for siting and construction of buildings,     boundaries.                                                suitable in this instance as it does not result in
              structures, access ways and car parking while:-                                                                fragmentation of rural land (given it is already
                         1. retaining ecologically important      AO5.3                                                      fragmented by the road formation). With specific
                              areas and ecological linkages;      In residential zones, lots are generally arranged so       reference to Proposed Lot 1, the unconstrained
                         2. minimising risk of soil erosion,      that:                                                      open area over the northern portion of the site
                              landslide, flooding and bushfire;                                                              presents numerous opportunities to establish a
                                                                            1.   there are no more than five lots with       dwelling house, effluent disposal area and
                         3. minimising earthworks or
                                                                                 a frontage width of less than 15 metres     vehicular access. As       such, the proposed
                              retaining walls associated with
                                                                                 grouped in a row;                           development is representative of a logical infill
                              construction on sloping sites;
                                                                            2.   there are no more than three lots with      subdivision that remains consistent with the
                         4. retaining the scenic amenity and
                                                                                 a frontage width of 7.5 metres or less in   character & amenity of the Rural Zone.
                              vegetated character of the
                                                                                 a row unless serviced by a rear lane;

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                              landscape;                                       3.   lots with a frontage width of less than 15
                         5.   retaining culturally significant                      metres are not located opposite other
                              features and protecting views to                      lots with a frontage width of less than 15
                              culturally significant features;                      metres
                          6. minimising detrimental impacts of
                              effluent disposal or storm water       AO5.4
                              runoff; including open space for       In activity centres and industry zones, new lots
                              landscaping; ensuring safe             contribute to a mix of lot sizes that cater for varied
                              vehicular manoeuvring areas            commercial and industrial enterprises, such that:
                              without concentration of
                              driveways in one space; and                      1.   smaller lots intended for intensive
                          7. where not in a water or sewerage                       development are clustered near centres;
                              service area, allow for water                    2.   new lots adjacent to sensitive land uses
                              storage tanks and suitable                            include sufficient area for buffering of
                              effluent disposal.                                    incompatible land uses; and
          1.   except where otherwise specified in a local area                3.   lot reconfiguration provides for
               code, comply with the minimum lot size                               shared access arrangements wherever
               specified in Table 9.5.1.4 Minimum Lot Size and                      possible.
               Dimensions

PO6                                                                  No acceptable outcome provided                              Not applicable.
Development provides for irregular shaped lots to be created
only where:

          1.   the creation of regular lots is impractical such as
               at a curve in the road or because of
               topographical constraints;
          2.   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;
          3.   it is desirable to avoid clearing of vegetation and
               the fragmentation of habitat in ecologically
               important areas; and
          4.   the irregular lot is demonstrably suitable for its
               intended purpose.

Lot Layout
Site Responsive Design                                               AO7.1
PO7                                                                  If located in the Low density residential zone, Medium      Not applicable.
Development provides for a lot layout and configuration of           density residential zone, High density residential
roads and pathways that is responsive to:-                           zone, Tourist accommodation zone or Community
                                                                     facilities zone and intended for a residential use, any
          1.   the setting of the site within an urban or non-       new lot is located outside the modelled flood level of

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              urban context;                                     the 1% AEP (1:100 year ARI) water surface levels or
         2.   any natural environmental values present on, or    where not modelled, above the highest known flood
              adjoining the site;                                level.
         3.   any natural hazards affecting the site or
              adjoining land such that the number of             AO7.2
              properties or persons at risk is not increased;    Flood immunity for development areas is not achieved        Not applicable.
         4.   the terrain of the land, minimising the need for   by filling land below the 1% AEP (1:100 year ARI) flood
              earthworks;                                        level.                                                      The subject site is not constrained by flood
         5.   any places of cultural heritage significance or                                                                hazard.
              character areas present on, or adjoining
              the site; and
         6.   any important landmarks, views, vistas or other
              areas of high scenic quality present on, or able   AO7.3
              to be viewed from, the site.                       All reconfigured lots on land subject to a constraint or    Complies.
                                                                 valuable feature identified on an overlay map contains
                                                                 a building envelope marked on a plan of                     Please refer to the Plan of Development, Plan No.
Editor’s Note— Development of land affected by constraints
                                                                 development that demonstrates that there is an area         100418 prepared by Murray & Associates (Qld)
shown on overlay maps will be subject to overlay codes .
                                                                 sufficient to accommodate the intended purpose of the       attached at Appendix C of this report for further
                                                                 lot, that is not subject to the constraint or valuable      details.
                                                                 feature or that appropriately responds to the constraint
                                                                 or valuable feature.

                                                                 AO7.4
                                                                 New lots with a site area less than 4,000m² in area
                                                                 have a slope not exceeding:                                 Not applicable.

                                                                           1.   10% side slope (crossfall); or
                                                                           2.   5% lengthwise slope (longitudinal fall).

                                                                 AO7.5
                                                                 Lot boundaries, services, utilities and roads are aligned   Complies.
                                                                 to avoid traversing ecologically important
                                                                 areas and ecological linkages.

                                                                 AO7.6
                                                                 Development does not result in significant modification     Complies.
                                                                 to natural landform or landscape features including:

                                                                           1.   waterways and drainage lines;
                                                                           2.   native vegetation or significant character
                                                                                trees;
                                                                           3.   understorey vegetation;
                                                                           4.   slope;
                                                                           5.   rock outcrops; or
                                                                           6.   views.

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                                                                     AO7.7
                                                                     Development retains or provides viable ecological         Complies.
                                                                     corridors for wildlife movement.

                                                                     AO7.8                                                     Complies.
                                                                     Where no riparian buffer is nominated through
                                                                     the Biodiversity, Waterways and Wetlands                  Please refer to the Plan of Development, Plan No.
                                                                     Overlay Map in Schedule 2, a vegetated buffer is          100418 prepared by Murray & Associates (Qld)
                                                                     provided no less than 10 metres wide, measured from       attached at Appendix C of this report for further
                                                                     the centreline of any stream .                            details.


                                                                                                                               Complies.
                                                                     AO7.9
                                                                     Ecologically important areas are formally protected for   Please refer to the Plan of Development, Plan No.
                                                                     the long term through environmental covenant or           100418 prepared by Murray & Associates (Qld)
                                                                     transferal to public ownership or through gazettal of a   attached at Appendix C of this report, which
                                                                     nature reserve.                                           depicts the proposed vegetation covenants over
                                                                                                                               the ecologically important areas.

Climate Responsive Design                                            AO8.1                                                     Not applicable.
PO8                                                                  The lot design maximises the number of lots where the
The street design and lot orientation facilitates the construction
                                                                     longest axis of the lot has a general east-west
of energy efficient buildings that respond to the local climate
conditions by:                                                       orientation.


 a)    maximising solar access to the north;                         AO8.2
 b)    minimising solar access to the west;                          The street pattern maximises the number of streets
 c)    proportioning lots and building envelopes to                  running in a general north-south direction.
       accommodate energy efficient building orientation;
 d)    maximising access to any prevailing summer breezes;           AO8.3
       and                                                           For development within the Low density residential
 e)    minimising exposure to prevailing winter winds                zone each lot contains a rectangular house site
                                                                     area where the long axis faces true north or is no
                                                                     more than 20 degrees off true north and has minimum
                                                                     dimensions of 10 metres x 15 metres.
Neighbourhood Design                                                                                                           Not applicable.
PO9                                                                  AO9.1
Development provides for a lot layout, land use and                  Lots are arranged to front streets and public open
infrastructure configuration that:                                   space.

 a)     provides for an efficient land use pattern;                  AO9.2

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 b)    creates compact and walkable neighbourhoods that         Development maximises opportunities for casual
       are well connected to centres, employment, education     surveillance and avoids areas of concealment by
       facilities, community services, open space and           ensuring pathways and public open space have
       recreation facilities;                                   defined edges and are visually exposed to roadways.
 c)    creates useable and interconnected movement and
       open space networks;                                     AO9.3
                                                                Neighbourhoods (including roads, pathways and open
 d)    effectively connects and integrates the site with
                                                                space) are designed with a high degree of legibility
       existing or planned development on adjoining sites;
                                                                with public spaces and corridors easy to find and
 e)    provides for moderate and large size developments to     recognise..
       have multiple access points;
 f)    promotes a sense of community identity and
       belonging;
 g)    promotes a variety of streetscapes;
 h)    provides for a high level of amenity, having regard to
       potential noise, dust, odour and lighting nuisance
       sources;
 i)    integrates prominent site features including
       landmarks, native vegetation and views into the
       design;
 j)    discourages crime or antisocial behaviour by
       facilitating casual surveillance of streets, paths
       and public open space;
 k)    avoids the sporadic or out-of- sequence creation of
       lots; and
 l)    protects and enhances ecologically important
       areas and provides for the clustering of lots into
       cleared areas.
 m)
 Infrastructure                                                  No acceptable outcome provided.                       Complies.
 PO10
 Development accommodates and provides for the
 efficient and timely delivery of infrastructure
 appropriate to the site’s setting and intended use.
 PO11                                                            No acceptable outcome provided                        Not applicable.
 Roadway and pathway layout are predominantly rectilinear
 with a high degree of permeability.

 Editor’s Note— Further detail on traffic and the road
 network is addressed in Part 9.4.8 Transport Code.
Infrastructure and services
PO12                                                            AO12.1                                                 Complies.

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New lots are located, sized and configured so as to ensure       All lots are connected to power supply and
each lot is capable of being serviced by appropriate levels of   telecommunications services and where located
                                                                                                                      Proposed Lot 2 will continue to utilise the existing
infrastructure including:                                        within the Urban boundaries, power supply and
                                                                                                                      services on the site. The existing reticulated
                                                                 communications infrastructure are provided
                                                                                                                      supply of electricity and telecommunication are
          1.   power supply;                                     underground.
                                                                                                                      able to be extended to service Proposed Lot 1.
          2.   telecommunications; and                                                                                Furthermore, there is sufficient room on Proposed
          3.   where within Local Plan Areas                                                                          Lot 1 for the establishment of an on-site water
          4.   reticulated water supply;                         AO12.2
                                                                                                                      supply and an effluent disposal area.
          5.   reticulated sewerage; and                         If located in a water service area each new lot
          6.   stormwater drainage.                              can be connected to Unitywater’s water supply
                                                                 network.
 .
                                                                 AO12.3
                                                                 If located in a sewerage service area each new lot
                                                                 can be connected to Unitywater’s sewerage
                                                                 network.

                                                                 AO12.4
                                                                 If located in a Local plan area lots can be
                                                                 connected to Council’s stormwater drainage
                                                                 network.

                                                                 AO12.5
                                                                 If not in a sewerage service area each lot has
                                                                 sufficient area and other attributes to ensure
                                                                 efficient and effective on-site sewerage disposal.
PO13                                                             AO13.1                                               Complies.
Each lot is provided with safe and convenient vehicle access     Vehicular access for the development is
                                                                 consistent with the function and design of the       Proposed Lot 2 will continue to utilise the existing
                                                                 road it takes access from.                           access point from Pender Creek Road along the
                                                                                                                      eastern boundary. There is an existing access gate
                                                                 AO13.2                                               at the northern corner of Proposed Lot 1 (on the
                                                                 Development does not require new or                  corner of Pender Creek Road and Strattons Road),
                                                                 changed access to a state-controlled road that is    where a vehicle crossover will be established to
                                                                 a limited access road unless in accordance with      facilitate access. This is a logical position for
                                                                 the limited access policy for the state-controlled   access to Proposed Lot 1 with good sight visibility
                                                                 road .                                               in either direction along Pender Creek Road.

                                                                 AO13.3
                                                                 Access easements are in appropriate locations for
                                                                 safe access and egress, and supply appropriate
                                                                 widths and levels of service for the number of
                                                                 vehicles that will utilise them as per the
                                                                 requirements of Council’s Planning Scheme
                                                                 Policy PSP6 Engineering design standards –

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                                                                Roads, drainage and earthworks.

                                                                Editor's note- Reference should be made to the
                                                                Queensland Government's Development
                                                                Assessment Mapping System to confirm which are
                                                                state-controlled roads or limited access roads.
Movement Network
Traffic                                                          No acceptable outcome provided                         Complies.
PO14
Traffic generated by the development is within the acceptable                                                           The proposed development will not drastically
capacity of external roads and does not have an adverse                                                                 increase vehicle movements on the road network.
impact upon the functioning of the road network.

Editor’s Note— Further detail on traffic and the road network
is addressed in Part 9.4.8 Transport Code

Roads and Pathways                                               AO15.1                                                 Not applicable.
PO15                                                             Where involving the construction of a new road,
Development involving the creation of new roads and              road planning and design supports the hierarchy
pathways ensures infrastructure—                                 and functional aspects identified in Council’s
                                                                 Planning Scheme Policy PSP6 on Engineering
         1.   provides convenient, safe and efficient            design standards – Roads, drainage and
              movement for all modes of transport between        earthworks.
              land use activities;
         2.   prioritises pedestrian movement and bicycle use    Editor’s Note— Further detail on road and
              over vehicle movements;                            pathway networks is provided in Part
         3.   facilitates efficient, safe and accessible bus     9.4.8 Transport Code
              services that connect to existing and future
              public passenger transport facilities;             AO15.2
         4.   provides through roads and minimises the use       The street layout is generally rectilinear and does
              of culs-de-sac;                                    not rely on culs-de-sac, or where the use of a cul-
         5.   minimises the extent of earthworks required by     de-sac is unavoidable because of the natural
              being sympathetic to the terrain;                  features of the site, it does not exceed a length of
         6.   allows for unimpeded and practical access to       200 metres.
              each proposed lot; and
         7.   provides for mature street trees.                  AO15.3
                                                                 Pathways and pedestrian routes are planned to
                                                                 provide clear, safe connections between
                                                                 residential, open space, transit stops and retail
                                                                 areas, and are located along, or are visible from,
                                                                 streets or other public spaces.

                                                                 AO15.4
                                                                 Sufficient space and soil depth is provided for the

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                                                                    planting of street trees for shade, amenity and
                                                                    habitat purposes.




                                                                   AO16                                                       Not applicable.
 PO16                                                              If within 1 kilometre of the Pathways Network identified
 The subdivision layout is designed to facilitate pedestrian       in the Local Government Infrastructure Plan located in
 and cyclist linkages with adjoining sites in the immediate        Part 4, the subdivision design and layout includes
 area.                                                             pathways:

                                                                             1.   located in accordance with the Pathways
                                                                                  Network identified in the Local
                                                                                  Government Infrastructure Plan; or
                                                                             2.   linking to the Pathways Network
                                                                                  identified in the Local Government
                                                                                  Infrastructure Plan.


                                                                   No acceptable outcome provided                             Not applicable.
 PO17
 Development on land within activity centres with active
 frontages are provided with access from a rear lane or
 other access streets to reduce potential conflicts with
 pedestrians and cyclists.
Open Space Network
PO18                                                               AO18.1                                                     Not applicable.
Development provides for parks, drainage reserves and open         Active parkland or open space which links to active
space infrastructure that:-                                        parkland is provided in accordance with the Council’s
                                                                   infrastructure network planning;
          1.   provides for a range of passive and active
               recreation settings, offering a range of informal   OR
               and formal experiences to the community;
          2.   accommodates adequate facilities to meet the        AO18.2
               needs of the community and is designed to           Park contributions are paid in accordance with the
               maximise use by the community it serves;            applicable infrastructure instrument.
          3.   provides opportunities for all age groups and
               levels of mobility;                                 AO18.3
                                                                   Land intended for public open space complements

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          4.   is well distributed and contributes to the          existing adjacent and surrounding open space areas
               legibility and character of the specific town,      and physical linkages to these areas are provided.
               village or locality;
          5.   creates attractive settings and focal points for    AO18.4
               the community, designed as attractive and           Open space is provided adjacent to waterways, with
               enjoyable, functional and safe places to meet       roads servicing the linear parkland and lots located on
               and recreate;                                       the opposite side of the road to the waterways.
          6.   benefits the amenity of adjoining land uses;
          7.   facilitates the retention and protection            AO18.5
               of ecologically important areas, wetlands,          A park has direct road frontages of a minimum of 25%
               waterways, drainage lines and native habitat        of the total allotment boundary of the park to provide
               areas, their associated buffers, ecological         physical access and visibility.
               linkages and other natural and cultural features;
          8.   incorporates appropriate measures for               AO18.6
               stormwater and flood management;                    Public open space has good connectivity for users via
          9.   is cost effective to maintain; and                  pedestrian and cycle paths.

 is dedicated as public land in the early stages of the            AO18.7
 subdivision.                                                      Landscaping is designed to create aesthetically pleasing
                                                                   open space areas and to suit the type, setting and
                                                                   purpose of the particular park.

                                                                   AO18.8
                                                                   Active parkland in all areas other than the Low impact
                                                                   industry zone and Medium impact industry zone will
                                                                   contain embellishment in accordance with the Local
                                                                   Government Infrastructure Plan in Part 4 such as:

                                                                             1.   children’s play facilities catering for
                                                                                  various ages including a soft fall surface
                                                                                  where required and a shade cover over
                                                                                  play equipment;
                                                                             2.   seating;
                                                                             3.   picnic table/s with seats; and
                                                                             4.   landscaping.

                                                                    Editor’s Note— Further detail on Landscaping is
                                                                    addressed in Part 9.4.5 Landscaping Code
PO19                                                               AO19.1                                                      Not applicable.
Land provided for active recreation areas is of a physical         Active parkland is of a usable shape free of irregular
standard and condition suitable for the intended uses and is       boundaries.
not subject to physical or other constraints including
contamination, environmental or biophysical constraints or         AO19.2
legislative protection that would encumber its use.                Active parkland is located on land that is exclusive of—

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                                                                           1.   flood inundation below the 20% AEP (1:5
                                                                                year ARI level);
                                                                           2.   land affected by stormwater or overland
                                                                                flow discharge from adjacent allotments;
                                                                           3.   drainage reserves and detention basins,
                                                                                which cannot be shown to safely and
                                                                                effectively contribute to the network of
                                                                                parks and open space areas;
                                                                           4.   land with a slope, or subject to cut or fill
                                                                                with a batter slope, that exceeds
                                                                                a slope of 15%;
                                                                           5.   areas of land less than 15 metres wide,
                                                                                such as access and service and utility
                                                                                easements;
                                                                           6.   land required to serve primarily as a
                                                                                buffer area to any existing development
                                                                                or major transport corridor; and
                                                                           7.   power easements.

                                                                  AO19.3
                                                                  At least 10% of the total open space provision for
                                                                  active parkland is exclusive of flood inundation below
                                                                  the 1% AEP (1:100 year ARI level or the highest
                                                                  recorded flood level), whichever is the greatest.
Small Residential Lots
PO20                                                             AO20                                                          Not applicable.
Residential lots less than 600m 2:                               Within the Low Density Residential zone, new lots of
                                                                 less than 600m²:
          1.   occur only where they are consistent with the
               size of established adjacent lots;                          1.   are no smaller than the size of
          2. are not less than 500m2 in area;                                   established adjacent lots;
          3. are free of physical constraints or encumbrances              2.   are free of easements;
               that would restrict the siting of a house;                  3.   are regular in shape with a width to
          4. have area and dimensions that can                                  depth ratio of approximately 1:2;
               accommodate an appropriate house site                       4.   do not have a slope greater than 10%;
               area without siting variations;                             5.   can accommodate a house and sufficient
          5. are distributed across a development to create                     car parking without encroaching into
               diversity in lots; and                                           boundary clearances or
 a)   do not result in excessive driveways at intersections or                  prescribed building setbacks;
      corners.                                                             6.   allow for landscape and tree planting in
                                                                                deep soil zones to soften built form
                                                                                elements;
                                                                           7.   are not created by further dividing an
                                                                                existing rear (battle-axe) lot; and

Page 12

                                                                   are not located at the end of a T-intersection or at a
                                                                   bend in the road.
Rear Lots
PO21                                                               AO21.1                                                    Not applicable.
Rear (battle-axe) lots are created only where:-:                   The minimum area of the rear lot, exclusive of
                                                                   any access strip, complies with the lot reconfiguration   No rear lots are proposed.
          1.   it would not be desirable nor practicable for       outcomes in Table 9.5.1.4 Minimum lot size and
               the site to be reconfigured so that all lots have   dimensions providing that no rear access lot has a lot
               full frontage to a road;                            size less than 600m2 exclusive of access strip.
          2. located in the Low density residential
               zone, Rural residential zone or Rural zone;         AO21.2
          3. development positively contributes to the             No more than 10% of lots within a subdivision are
               character of the neighbourhood;                     rear lots or lots accessed via an access strip.
          4. development provides a high standard of
               amenity for residents and other users of            AO21.3
               the rear lot and adjoining properties;              No more than two rear lots are located at the end of a
          5. the lot is large enough to accommodate                cul-de-sac.
               anticipated land uses including car parking and
               manoeuvring;                                        AO21.4
          6. development is not detrimental to the use and         No rear lot shares a common boundary with more
               amenity of adjoining lots through loss of           than four other lots.
               privacy, sunlight or breezes once buildings are
               constructed;                                        AO21.5
                                                                   No more than two rear lots or rear lot access strips
          7. vehicular access to rear lots will not have a
                                                                   directly adjoin each other.
               detrimental impact on lots adjoining the access
               strip due to excessive noise, light, dust,
                                                                   AO21.6
               stormwater runoff and the like;
                                                                   No existing lot with a primary street frontage of less
          8. access arrangements do not adversely affect the
                                                                   than 12 metres is further divided unless safe access to
               safety and efficiency of the road from
                                                                   the new lot is provided to a secondary street to which
               which access is gained;
                                                                   a frontage of at least 12 metres is provided.
 a)   their creation does not prejudice the anticipated
      development of adjoining land.                               AO21.7
                                                                   Where two rear lots adjoin each other, a single
                                                                   common driveway and reciprocal access easements
                                                                   are provided.

                                                                   AO21.8
                                                                   No more than three lots gain access from the
                                                                   same access strip.

                                                                   AO21.9
                                                                   Any lot with a road frontage has no more than
                                                                   one rear lot created to its rear and has a rear
                                                                   lot access strips located on no more than one side.

Page 13

                                                                  AO21.10
                                                                  The gradient of the access strip does not exceed 10%.

                                                                  AO21.11
                                                                  Access strips have a minimum width of 4.5 metres.
Rural lots severed by a road
PO22                                                                                                                      Complies.
                                                                  No acceptable outcome provided
In the Rural Zone, one lot may be divided into two lots less
                                                                                                                          The proposed development complies with the
than 100 hectares in area where there is a compliance with
                                                                                                                          South East Queensland Regional Plan as the
the South East Queensland Regional Plan and each resultant                                                                subdivision:
lot is relatively free of physical constraints such that it can
accommodate a dwelling house, effluent disposal,
                                                                                                                              a)   Divides 1 lot into 2 lots;
vehicular access and other improvements and land uses that                                                                    b)   The divided lot is severed by a road that
are consistent with the purpose of the Rural Zone.                                                                                 was gazetted before 2 March 2006; and
                                                                                                                              c)   The road forms the whole of the
                                                                                                                                   boundary between the lots.

                                                                                                                          With specific reference to proposed Lot 1, the
                                                                                                                          unconstrained open area over the northern portion
                                                                                                                          of the site presents numerous opportunities to
                                                                                                                          establish a dwelling house, effluent disposal area
                                                                                                                          and vehicular access. As such, the proposed
                                                                                                                          development is representative of a logical
                                                                                                                          subdivision that remains consistent with the
                                                                                                                          character & amenity of the Rural Zone.

Volumetric Subdivisions
 PO23                                                                                                                     Not applicable.
 Development provides that the subdivision of space above         No acceptable outcome provided
 or below the surface of land facilitates efficient
 development in a manner that is consistent with the overall
 outcomes for the zone and Local plan area in which
 the site is located.
Stormwater Management
PO24                                                                                                                      Complies.
                                                                  No acceptable outcome provided
Development provides for the effective drainage of lots and
roads in a manner that:-

          1.   maintains the natural flow regime;
          2.   effectively manages stormwater quality and

Page 14

              quantity; and
         3.   ensures no adverse impacts on receiving waters
              and surrounding land.

 Editor’s Note— Requirements for the design and
 construction of stormwater management infrastructure
 are addressed in Part 9.4.9 Water Quality and Drainage
 code
Conflicting land uses

 PO25                                                                                                                       Complies.
 New lots for residential development do not adjoin land        No acceptable outcome provided
 located in the Medium impact industry zone or the Low                                                                      Proposed Lots do not adjoin land within the
 impact industry zone.                                                                                                      Medium Impact Industry Zone or Low Impact
                                                                                                                            Industry Zone.
Rearrangement of Lot Boundaries

 PO26                                                          AO26                                                         Not applicable.
 Development provides that the rearrangement of lot            The rearrangement of lot boundaries results is an
 boundaries is an improvement on the existing situation.       improvement to the existing situation whereby the size       The proposed development does not involve a
                                                               and dimensions of proposed lots comply more fully            boundary realignment.
                                                               with Table 9.5.1.4 Minimum lot size and
                                                               dimensions. and at least one of the following is
                                                               achieved:

                                                                         1.   the rearrangement of lots remedies an
                                                                              existing boundary encroachment by
                                                                              a building or structure;
                                                                         2.   the rearranged lots will be made more
                                                                              regular in shape;
                                                                         3.   access is provided to a lot that previously
                                                                              had no access or an unsuitable access;
                                                                         4.   the rearranged lots better meet the
                                                                              overall outcomes for the zone and the
                                                                              local plan area in which the site is
                                                                              situated;
                                                                         5.   the rearrangement of lots provides for a
                                                                              significant improvement in rural
                                                                              productivity; or
                                                                the rearrangement of lots results in a significant
                                                                improvement in the protection of environmental
                                                                values.
If involving a standard format lot with common property such as requiring a community management scheme under the Body Corporate and Community
Management Act 1997

Page 15

 PO27                                                                                                Not applicable.
 Community title subdivision only occurs once construction of       No acceptable outcome provided
 approved buildings on site is completed.

 Editor’s Note—As a building is to be constructed prior to
 sealing of subdivision plans, assessment of the development
 is to be undertaken as part of the development application
 for a material change of use if that development is
 assessable under the planning scheme. Reconfiguring a
 lot can be assessed simultaneously or subsequently against
 the relevant parts of this code.
PO28                                                                                                 Not applicable.
Development provides internal access ways and driveways             No acceptable outcome provided
which:

          1.   are designed to clearly indicate the function of
               the access way; and
 provide acceptable levels of access, functionality, safety,
 amenity and convenience for users, as well as catering for
 car parking facilities.
PO29                                                                                                 Not applicable.
Community title subdivision for residential purposes only           No acceptable outcome provided
occurs—

          1.   where lots are located close to services and
               facilities;
          2.   in the Low density residential zone, Medium
               density residential zone, High density residential
               zone, Tourist accommodation zone or Centre
               zone;
          3.   where they are consistent with the character of
               the locality they are located in;
          4.   if appropriate house site areas and car parking
               needs can be accommodated;
          5.   where they are supplied with adequate
               infrastructure to meet the needs of users;
          6.   where they minimise adverse effects on the
               environment;
          7.   if they are of suitable shape and slope to
               minimise constraints to development; and
 if they are sufficient areas to provide reasonable amenity for
 users.
PO30                                                                                                 Not applicable.

Page 16

Community title subdivisions intended for business uses:         No acceptable outcome provided

         1.   only occur in a centre zone or industry zone;
              and
 provide adequate areas on site for vehicular parking, private
 and communal open space, landscaping and site facilities to
 meet the needs of users.

Page 17

                                                        DRIVEWAYS AND PARKING CODE

   Application for a Development Permit for a Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots)
             involving land described as Lot 134 on MCH181, situated at 74 Pender Creek Road, Kin Kin Qld 4571.


                 Performance Outcomes                                        Acceptable Outcomes                                            Comment
Driveways
PO1                                                              AO1.1                                                Complies.
Vehicular access does not adversely impact on safety, capacity   Vehicular access is located and designed in
and operations of the existing or planned road network,          accordance with the current Australian Standards     Vehicular access will be designed in accordance with the
cycleways or pedestrian pathway systems                          for Parking Facilities.                              current Australian Standards and Parking Facilities.
                                                                                                                      Please refer to the Plan of Development, Plan No,
                                                                 AO1.2                                                100418 attached at Appendix C for further details.
                                                                 Only one footpath crossing is provided.

                                                                 Editor’s Note— Justification for additional
                                                                 driveways may need to be supported by a
                                                                 detailed Traffic Study.

                                                                 AO1.3
                                                                 Driveways, have a maximum grade in
                                                                 accordance with Council’s standard
                                                                 requirements.
PO2                                                              AO2.1                                                Complies.
Driveways and crossovers                                         Design and construction of driveways, including
                                                                 across the footpath, is in accordance with Council   Driveways will be designed in accordance with Council
    a)   are suitable and safe for their intended use; and       Standard Drawings as appropriate for the             Standard Drawings. Please refer to the Plan of
    b)   match Council infrastructure.                           particular type of development as annotated on       Development, Plan No, 100418 attached at Appendix C
                                                                 the drawings.                                        for further details.

                                                                 AO2.2
                                                                 The change of grades in driveways and ramps is in
                                                                 accordance with Council’s Standard Drawings.
PO3                                                              AO3.1                                                Not applicable.
The number of driveways across pedestrian footpaths is           Design of multi-tenanted developments include
minimised.                                                       shared driveways and parking areas.                  The site is included in the Rural Zone where there is no
                                                                                                                      pedestrian network.
                                                                 AO3.2
                                                                 Driveways are located so they abut existing
                                                                 driveways of adjoining development where

Page 18

                                                                   practicable and reciprocal easements are created
                                                                   to reduce the sealed driveway width.
PO4                                                                AO4                                                    Not applicable.
Vehicular access does not adversely impact on the capacity,        Footpath and kerb crossings are located clear of
operations and maintenance of the existing infrastructure.         existing stormwater inlet structures, water and
                                                                   sewerage infrastructure fittings, any other exiting
                                                                   utility infrastructure, existing landscaping
                                                                   and vegetation.
PO5                                                                AO5                                                    Complies.
Vehicular access does not adversely impact on the health and       Vehicular access avoids disturbance to the tree
integrity of existing landscaping or native vegetation, where      protection zone of trees on public land.
possible.
Parking and manoeuvring
PO5                                                                AO5.1                                                  Complies.
New lots have areas and dimensions that:                           New lots are of a size and shape that can
                                                                   accommodate the land uses intended by the zone.        Whilst it is acknowledged that the Proposed Lots do not
          1.   are consistent with the purpose and overall                                                                achieve the required area, due to the nature of the
               outcomes of the applicable zone or zones;                                                                  existing site layout, with Pender Creek Road traversing
          2.   are consistent with the size and character of                                                              the site and separating the eastern portion from the
               surrounding lots;                                                                                          balance allotment, the proposed subdivision is
          3.   can accommodate land uses that are consistent                                                              considered suitable in this instance as it does not result
               with the purpose and overall outcomes of the                                                               in fragmentation of rural land (given it is already
               applicable zone;                                                                                           fragmented by the road formation). With specific
          4.   allow for siting and construction of buildings,                                                            reference to Proposed Lot 1, the unconstrained open
               structures, access ways and car parking while:-                                                            area over the northern portion of the site presents
                                                                                                                          numerous opportunities to establish a dwelling house,
                          1. retaining ecologically important
                                                                                                                          effluent disposal area and vehicular access.
                               areas and ecological linkages;
                          2. minimising risk of soil erosion,
                               landslide, flooding and bushfire;
                                                                   AO5.2
                          3. minimising earthworks or
                                                                   In general, lots have a predominantly regular,         Complies.
                               retaining walls associated with
                                                                   rectangular shape.
                               construction on sloping sites;
                          4. retaining the scenic amenity and
                                                                   Editor's note-topographical constraints or
                               vegetated character of the
                                                                   environmental values may call for irregular
                               landscape;
                                                                   property boundaries.
                          5. retaining culturally significant
                               features and protecting views to    AO5.3
                               culturally significant features;    In residential zones, lots are generally arranged so   Not applicable.
                          6. minimising detrimental impacts of     that:
                               effluent disposal or storm water
                               runoff; including open space for              1.   there are no more than five lots
                               landscaping; ensuring safe                         with a frontage width of less than
                               vehicular manoeuvring areas                        15 metres grouped in a row;

Page 19

                             without concentration of                         2.   there are no more than three lots
                             driveways in one space; and                           with a frontage width of 7.5 metres
                         7. where not in a water or sewerage                       or less in a row unless serviced by a
                             service area, allow for water                         rear lane;
                             storage tanks and suitable                       3.   lots with a frontage width of less
                             effluent disposal.                                    than 15 metres are not located
         1.   except where otherwise specified in a local area                     opposite other lots with
              code, comply with the minimum lot size                               a frontage width of less than 15
              specified in Table 9.5.1.4 Minimum Lot Size and                      metres
              Dimensions
                                                                    AO5.4
                                                                    In activity centres and industry zones, new lots       Not applicable.
                                                                    contribute to a mix of lot sizes that cater for
                                                                    varied commercial and industrial enterprises, such
                                                                    that:

                                                                              1.   smaller lots intended for intensive
                                                                                   development are clustered near
                                                                                   centres;
                                                                              2.   new lots adjacent to sensitive land
                                                                                   uses include sufficient area for
                                                                                   buffering of incompatible land uses;
                                                                                   and
                                                                              3.   lot reconfiguration provides for
                                                                                   shared access arrangements
                                                                                   wherever possible.

PO6                                                                 No acceptable outcome provided                         Not applicable.
Development provides for irregular shaped lots to be created
only where:

         1.   the creation of regular lots is impractical such as
              at a curve in the road or because of
              topographical constraints;
         2.   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;
         3.   it is desirable to avoid clearing of vegetation and
              the fragmentation of habitat in ecologically
              important areas; and
         4.   the irregular lot is demonstrably suitable for its
              intended purpose.

Page 20

PO6                                                                  AO6.1                                                    Complies.
Sufficient parking                                                   The number of car parking spaces, motor cycle
                                                                     spaces, bicycle spaces and loading bays is not less      Both proposed lots comprise sufficient space for
          1.   is provided having regard to the specifics of the     than the minimum number specified in Table               parking.
               use including—                                        9.4.1.4 Minimum parking requirements including
                   1. the type and intensity of land use;            end of trip facilities.
                   2. any existing parking available on
                       the site;                                     Editor's note— with regard to the provision of
                   3. hours of operation;                            end of trip facilities, where there is a conflict with
                   4. likely numbers of users;                       the QDC MP 4.1 for major developments the QDC
                   5. accessibility to the site by means other       applies. For all other development Table 9.4.1.4
                       than private motor vehicle;                   applies.
                   6. the peak parking demand periods of uses
                                                                     AO6.2
                       on the site; and
                                                                     Where appropriate, motorcycle spaces can be
                   7. the availability of alternative car parking;
                                                                     provided on site in lieu of required car parking
                       and
                                                                     spaces, excluding industry activities, at the
is provided to accommodate the number and type of vehicles           following rates:
and motorcycles likely to be generated by the development.
                                                                                1.   2 motorcycle spaces provided for
                                                                                     0.5 car parking space; or
                                                                                2.   4 motorcycles spaces provided per
                                                                                     1 car parking space; and
                                                                                3.   up to a maximum of 4 car parking
                                                                                     spaces.

                                                                     AO6.3
                                                                     Secure and convenient parking spaces for bicycles
                                                                     are designed and provided on site in accordance
                                                                     with—

                                                                                1.   AS2890.3 Bicycle Parking Facilities;
                                                                                     and
                                                                                2.   Cycling aspects of Austroads
                                                                                     Guides (AP-G88-14).

                                                                     AO6.4
                                                                     Bicycle spaces and end of trip facilities need to be
                                                                     accessible to all users.
PO7                                                                  AO7.1                                                    Not applicable
The layout of the development provides adequate, clearly             Parking bays, manoeuvring areas, queuing areas,
defined and easily accessible                                        loading, set down, pickup areas and driveways are
                                                                     designed in accordance with the Australian
    a)   on-site vehicle parking and manoeuvring areas; and          Standards for Parking Facilities.

Page 21

    b)   loading and manoeuvring areas for delivery and            AO7.2
         service vehicles.                                         Development includes purpose designed spaces
                                                                   for motorcycles and motor scooters, which are
                                                                   easily identified from the driveway of the property
                                                                   and located as close as practicable to the entrance
                                                                   of the building on site.
PO8                                                                AO8.1                                                 Not applicable
Parking and manoeuvring areas are designed to                      Parking, service areas and manoeuvring areas
                                                                   are setback a minimum of 2 metres from road
          1.   not unduly conflict with pedestrians; and           frontages to allow for landscaping, with the
          2.   be sufficiently setback from road frontages to      exception of Walter Hay Drive, Eenie Creek Road
               not dominate the streetscape or surrounding         and Holts Road frontages, where no development
               areas;                                              occurs within the landscaped frontage setbacks.
          3.   allow for landscaping to reduce the visual impact
               of the parking, servicing and manoeuvring           AO8.2
               areas;                                              In Centre zones, parking, service and
          4.   complement the future planned character of the      manoeuvring areas are either integrated within or
               area; and                                           under buildings and sleeved by usable floor space,
          5.   avoid development within the Walter Hay Drive,      or located to the rear of buildings.
               Eenie Creek Road and Holts
               Road frontage setbacks.                             Editor's note— Refer to Figure AP3-
                                                                   11A and Figure AP3-11B for outcomes for car
                                                                   parking in centres.

                                                                   AO8.3
                                                                   Where practicable vehicle access is from rear
                                                                   laneways.
PO9                                                                AO9                                                   Not applicable
On-site car parking spaces are identified and reserved for         Car parking spaces are provided for people with
people with disabilities.                                          disabilities at the rate specified in the current
                                                                   Australian Standards for Parking Facilities.
PO10                                                               AO10                                                  Not applicable.
Access and egress points do not impact on the safety and           Vehicle manoeuvring areas are provided in
operations of the road system.                                     accordance with the current Australian Standards
                                                                   Australian Standards for Parking Facilities so
                                                                   vehicles enter and leave the site in a forward
                                                                   gear, excluding dual occupancy or detached
                                                                   dwellings on local roads.
PO11                                                               AO11                                                  Not applicable.
Parking areas are designed to                                      At locations where pedestrian and vehicle conflicts
                                                                   are likely to occur:
          1.   provide a progressive reduction in speed
               between the external road and internal parking
               spaces;

Page 22

          2.   ensure lower speeds near areas of high                        1.   sight distances of at least 2.5
               pedestrian activity through the use of                             seconds of travel time at the
               appropriate road geometry or devices designed                      designated speed are provided;
               to limit speed; and                                           2.   splayed corners on structures are
maintain sight distances which are appropriate for the likely                     incorporated;
operating speeds in all areas of potential pedestrian/vehicle                3.   landscaping is designed to allow
and vehicle/vehicle conflict.                                                     clear views; and
                                                                             4.   sign placement ensures that sight
                                                                                  distance requirements are not
                                                                                  impeded.

PO12                                                               AO12.1                                                 Not applicable
A clearly defined pedestrian network is provided that –            In large open carparks with greater than 200 car
                                                                   parking spaces, a pedestrian path between
          2.   is located in areas where people will choose to     parking spaces is provided on every second aisle.
               walk;
          3.   ensures that pedestrian movement through car        AO12.2
               parking areas or structures are along aisles        For a minimum of 50% of car parking spaces,
               rather than across them.                            pedestrian access to buildings is not across or
                                                                   through driveways, carparks, setdown or
                                                                   manoeuvring areas.
PO13                                                                                                                      Not applicable
Provision is made for pedestrian and vehicular queues at           No acceptable outcome provided
conflict points.
PO14                                                               AO14                                                   Not applicable
Parking areas are lit to provide security for night-time users.    Lighting is provided in accordance with the
                                                                   Australian Standard for Road Lighting - Vehicular
                                                                   Traffic (Category V) Lighting - Performance
                                                                   Installation and Design Requirements.
PO15                                                               AO15                                                   Not applicable
Site facilities encourage users and employees                      End-of-trip facilities are maintained and accessible
to access the site by means of foot or bicycle through provision   to all users of the premises as part of common
of appropriate end of-trip facilities including bicycle parking    property.
and shower/change rooms.
PO16                                                                                                                      Not applicable.
Development with the potential to generate significant traffic     No acceptable outcome provided
and parking impacts gives appropriate consideration to
transport and land use issues.

Editor’s Note—A detailed Traffic Impact Assessment Report
may be required.

Page 23

PO17                                                               AO17.1                                                 Not applicable
Parking and manoeuvring areas are designed to ensure run-off       Development providing less than five car parking
is treated to remove pollutants prior to leaving the premises.     spaces is designed so that the driveway, parking
                                                                   and manoeuvring areas are formed to drain to
                                                                   landscaped areas.

                                                                   AO17.2
                                                                   Development providing five or more car parking
                                                                   spaces is designed to incorporate stormwater
                                                                   treatment methods to remove water contaminants
                                                                   likely to runoff from the general operation of
                                                                   the of the driveway, parking and manoeuvring
                                                                   areas.


                                                                   Editor’s Note—Further details are provided in
                                                                   the Water Quality and Drainage Code.
PO18                                                                                                                      Not applicable
Parking areas are designed to ensure drainage without the use      No acceptable outcome provided
of pumps or other electrical apparatus.
PO19                                                               AO19                                                   Not applicable
Site layout and building design provides for soft landscaping to   Below ground components of buildings, including
be established.                                                    carparks, do not extend beyond the above ground
                                                                   footprint to allow for the provision of landscaping,
                                                                   particularly within building setbacks

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