Delegated Report - Code - Planning RAL20 0024

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0024
Applicant	Scott Kingsley Frew
Proposal	Reconfiguring a Lot - Access Easement
Properly Made Date	9 October 2020
Information Request Date	6 November 2020
Information Response Date	15 February 2021
Decision Due Date	15 March 2021
Report Completed Date	15 March 2021
Report Reviewed By	Patrick Murphy 15 March 2021

PROPERTY DETAILS
Property Address	1327 Cooroy Belli Creek Rd Ridgewood Qld 4563
RP Description	Lot 11 SP 216099
Land Area	157,400.00 m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity (Waterway) Bushfire (Potential Impact Buffer) Flood Hazard (Waterway) Landslide Hazard Regional Infrastructure (Water Resource Catchment, Water Supply Buffer Area
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Access Easement. The proposal is for a 5m wide, approximately 425m long access easement running north/south through the subject site, adjoining Cooroy Belli Creek Road to the north and Wellington Road (currently unformed) to the south. The easement is proposed to benefit the Lot 3 on SP216099.
The applicant has provided the following comments in regards to the proposal:
The proposed easement represents discussions between neighbours on rural properties which is common in rural areas whereby neighbours work together to assist each other.
In this instance the owner of Lot 11 on SP216099 (“Lot 11”) would like to be able to utilise those existing cattle yards that are conveniently located nearby on Lot 3 on SP216099 (“Lot 3”) from time to time. Lot 11 can easily access these yards and cattle trucks can travel along an existing gravel driveway within Lot 11 to access Cooroy Belli Creek Road.
Although these existing cattle yards within Lot 3 are positioned so as to be conveniently located for Lot 11, cattle trucks operating on behalf of the owner of Lot 3 (and therefore these cattle yards), have difficulty in accessing these yards when empty little lone (sic) when transporting cattle.
As a result these two rural landowners have proposed to enter into a reciprocal license agreement whereby the owner of Lot 11 will have a licence to exclusively utilise the existing cattle yards from time to time under such an agreement and the owner of Lot 3 will have access easements rights over the existing gravel driveway through Lot 11.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Subject Lot and benefiting Lot

site details
Site Description
The subject site is a steeply sloping rural lot, containing a dwelling house and large shed.
Surrounding Land Uses
Large rural allotments containing single detached dwellings
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:
Rural Zone Code;
Reconfiguring a Lot Code; and
Works Codes.
The subject site is located in Ridgewood and is zoned Rural. The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Reconfiguring a Lot Code
The proposal is for an access easement only and as such is not creating any additional lots.
As noted above, the property owners of Lot 11 and Lot 3 are entering into a reciprocal license agreement whereby the owner of Lot 11 will have a licence to exclusively utilise the existing cattle yards from time to time, and the owner of Lot 3 will have access easements rights over the existing gravel driveway through Lot 11.
In response to an Information Request issued by Council on 6 November 2020 requesting the applicant to demonstrate that the proposed limited use and the proposed formation will not create adverse impacts on the existing dwelling due to increased dust and noise, the applicant has provided the following comment:
It is expected that either party will only need to utilise the cattle yards for loading cattle once or twice a year and typically when those cattle have been grown on the respective lot are to be sold. The reciprocal license agreement provides for sufficient notice to be provided for the other landowner before exercising any rights for exclusive use.
It is highly unlikely that the proposed easement would ever be a means of accessing the existing dwelling on Lot 3 or other improvements on Lot 3 other than the existing cattle yards. Given the above the sealing of the existing roadway is not warranted. The proposal is simply formalising an arrangement between two adjoining rural land owners for the benefit of each other. It is my experience that such cooperation is common in rural areas.
As such, due to the nature of the proposed use it is considered unreasonable to include the standard conditions for an access easement/driveway (formation, width). A condition will be included in the Development Permit to ensure that the terms of the easement reflect the intention indicated by the applicant in order to ensure use is limited to what is proposed and therefore minimising any potential adverse impacts on the residents of the existing dwelling house located on Lot 11.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineer, Development Assessment
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 RAL20/0024  for a Reconfiguring a Lot - Access Easement situated at 1327 Cooroy Belli Creek Rd Ridgewood Qld 4563 and described as Lot 11 SP 216099, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0024
Street address:	1327 Cooroy Belli Creek Rd Ridgewood Qld 4563
Real property description:	Lot 11 SP 216099
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit Reconfiguring a Lot - Access Easement
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice 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
D-02778-01-B	-	Proposed Access Easement, prepared by Martoo Consulting Pty Ltd	09/10/2020
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 15 March 2025, unless an application to extend the currency period is approved by Council.

engineering
Access
The formation of the access track within the access easement must be maintained to a suitable standard for the intended use.
Easements
The terms of the access easement must describe the purpose and use of the easement (infrequent use of an existing farm track to access stock yards). The draft easement document must be submitted to Council for approval as part of the subsequent plan sealing application.
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to Council.
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:
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.

[word/footer1.xml]
Page 7 of 7

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[word/header3.xml]
3

[word/header4.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image2.png (image text)]
4

Le
re
. BSAC) A

\
D