Delegated Report - Code - Planning RAL20 0029

Author	Coordinator Planning, Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0029
Applicant	Murray Reginald Lyons
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	23 November 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	3 February 2021
Report Completed Date	1 February 2021
Report Reviewed By	Kerri Coyle

PROPERTY DETAILS
Property Address	2 and 4 Arkana Drive Noosa Heads Qld 4567
RP Description	Lot 214 RP 94023 Lot 215 RP 94023
Land Area	607m² 607m²
Existing Use of Land	Residential dwelling on each lot

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Applicable
Local Plan Area	Noosa Heads
Overlays	Land Subject to Acid Sulfate Soils Overlay – above 5 metres AHA to 20 metres AHD Biodiversity Overlay – MSES Values Bushfire Hazard Overlay – High Potential Bushfire Intensity and Potential Impact Buffer Landslide Hazard Overlay Map
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment. The realignment request is a consequence of a garage extension being built over a common boundary.
The application material notes the following:
Please note this extension application and subsequent failed building approval is the reason for this application. If the site re-configuration is approved by Council we will notify Noosa Building Certifiers so that this approval can be verified.
Noosa Building Certifiers (Terry Neller) was authorised to certify the proposed extension. Please refer to his office if further details are required.
The certification approval was denied due to the new Garage extension being built over an existing retaining wall (belonging to No 4 Arkana Drive) that evidently impinges on the neighbours property boundary.
In order to have this extension approved a surveyor was commissioned to re-configure the two lots so that the new garage wall lay inside the boundary of Number 4 Arkana Drive.
The locality and proposal plan are included below.
Subject site
Subject site
Figure 1 – Locality

Figure 2 – Proposed Survey Plan with garage wholly contained within Lot 1

site details
Background
2 Arkana Drive: 	dwelling constructed under a building approval which was issued in 2005
4 Arkana Drive:	dwelling construction predates Council’s electronic records. A number of subsequent building approvals have been issued for dwelling additions (decks/terrace and extension to garage)
Site Description
The lots are situated at the southern end of Arkana Drive situated on the eastern side of the road abutting Moonare Park, 2 Arkana Drive is bounded by the park on two sides. Each lot is characterised by a slope which runs from the north-eastern to south-western corners of the lots, each lot is approximately 600m2 in area.
Surrounding Land Uses
The surrounding area has been developed with detached dwellings reflective of the intent and purpose of the Low Density Residential zone (previously Detached Housing).
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; and
Works Codes
The subject site is located in Noosa Heads and is zoned Low Density Residential. The proposed boundary realignment is required to follow a code assessable application process.
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 600m2	Existing 2 Arkana Drive – 607.5m² 4 Arkana Drive 607.5m² Proposed 2 Arkana Drive - 603m² 4 Arkana Drive 612m² No additional lots proposed	Yes Yes Yes Yes

The application has been found to generally comply with all applicable statutory instruments. The proposal seeks to rectify an error which has occurred associated with a recent extension to the garage at 4 Arkana Drive and results in a minor realignment, approximately 4m2, to the common boundary between the 2 properties.
The proposal raises no planning concerns noting that the lots will remain regular in shape and comply with the minimum lot size requirements within the Noosa Plan 2020
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 RAL20/0029 for a Reconfiguring a Lot - Boundary Realignment situated at 2 and 4 Arkana Drive Noosa Heads and described as Lots 214 and 215 on RP 94023, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0029
Street address:	2 and 4 Arkana Dr Noosa Heads Qld 4567
Real property description:	Lot 214 RP 94023 Lot 215 RP 94023
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
Plan 1 of 2 SP322570	-	Plan of Lots 1 & 2 Cancelling Lots 214 & 215 on RP94023, prepared by South Burnett Surveys Pty Ltd	06-11-2020
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
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 1 February 2025, unless an application to extend the currency period is approved by Council.
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.
Electricity and Telecommunication Services
Electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Certification must be submitted to Council from all relevant service providers which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
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:
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016. The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning Act.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
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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