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Delegated Report - Code - Planning RAL25 0006 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Planner, Andrew Gaffney
Development Assessment
APPLICATION DETAILS
Application No. RAL25/0006
Applicant Carla Simpson C/- Brennan Planning Pty Ltd
Proposal Reconfiguring a Lot - Boundary Realignment (2 Lots into 2 Lots)
Properly Made Date 12 March 2025
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 27.05.2025
Report Reviewed & G.Schramm 26.5.2025
Finalised By
PROPERTY DETAILS
Property Address 156 and 172 Ferrells Rd Cooroy Qld 4563
RP Description Lot 3 RP 192822, Lot 12 SP 149241
Land Area 2.59 ha
1.89 ha
Existing Use of Land Residential - Dwelling houses
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural zone
Precinct Not applicable
Local Plan Area Not applicable
Overlays • Biodiversity, Waterways and Wetlands
• Bushfire Hazard Medium and High Potential Bushfire
Intensity - Potential Impact Buffer
• Landslide Hazard
- High Hazard Area
- Moderate Hazard Area
• Regional Infrastructure
Document Set ID: 23640580
Version: 0, Version Date: 01/01/1900
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- Water Resource Catchment
- Water Supply Buffer
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot – 2 into 2 lot Boundary Realignment.
The proposal seeks to realign an existing side boundary between the two lots. The current
configuration and lot shape results in a large rectangular area of land within Lot 12 required to be
maintained by the owner of Lot 3 (see Figure 2). An amended boundary between Lots 12 and 13
would result in more regular shaped lots and improvements to site manageability and ongoing
maintenance.
The realignment would transfer approximately 4,223m² of land from Lot 3 to Lot 12 while retaining
all existing buildings, services, and access arrangements. No changes to site frontages to Silver
Leaf Lane or Ferrells Road results as part of the realignment.
The new boundary would follow an existing farm fence through a predominantly cleared area of
the site.
Current Proposed
Area Frontage Area Frontage
172 Ferrells Road 1.89 ha Approx 60 metres 2.31 ha Approx 60 metres
Lot 12 on SP149241 (contains
the existing Dwelling house)
156 Ferrells Road 2.59 ha Approx 335 2.17 ha Approx 335
metres metres
Lot 3 on RP1928222 (contains
the existing Dwelling house)
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan (proposed reconfiguration realignment in red linework).
2. SITE DETAILS
2.1. Site Description
The subject lots are located at the corner of Silver Leaf lane and Ferrells Road. Each lot is improved
with a dwelling and associated outbuildings. Both sites are provided with separate access via rural
style vehicle crossings and driveways.
Substantial areas of vegetation are contained within Lot 3 and comprise established trees scattered
across the majority of the site. A number of streams and waterways run parallel to Silver Leaf
Lane and within the central area of Lot 3. The topography across the site can be described as
undulating and falls generally towards the watercourses scattered across the sites.
2.2. Surrounding Land Uses
Surrounding allotments are all contained in the Rural zone and reflect a rural residential pattern
with Dwelling houses and outbuildings on hobby farm lifestyle allotments. While the property
immediately adjoining the northern boundary has a reasonably larger size of 19.8ha other
properties within proximity to the site range in sizes between 2ha – 11.2ha.
3. ASSESSMENT
3.1. 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;
- Both lots are contained within the Regional Landscape and Rural Production Area
designation under the SEQRP 2023.
- The proposed subdivision does not result in additional lots.
- The proposed boundary realignment meets the intent and principles for the provision under
SEQRP 2023 and the Regulation.
• Planning Regulation 2017; and
• Noosa Plan 2020 (25 September 2020).
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Koala Habitat in SEQ Region
The combined planning area for the application is mapped as containing Core Koala Habitat as
illustrated below in Figure 3:
Figure 3 – Koala Habitat area.
The proposed new boundary line illustrated in red line in Figure 2 follows an existing fence line
which is located adjacent to an area designated as a Core Koala Habitat. The applicant submits
that:
“(l) development that is or involves operational work that is the clearing of native vegetation and is
accepted development under schedule 7, part 3, section 12 other than clearing for—
(i) the construction or maintenance of a fence, road, track, irrigation channel, contour bank or other
linear infrastructure, other than a powerline or drainage and erosion control structure, if the cleared
area is more than 5m wide.
Pursuant to (l)(i) above, a 5m wide clearing is already permitted along this fence line.
Consequently, the proposal will not introduce any new exempt clearing opportunities as a result of
establishing the boundary.”
Assessment
The applicant’s proposition that the realignment will follow an existing fence line is agreed.
The existing fence while in poor condition is clearly an established feature of the site. The majority
of the fence line is clear of any vegetation (along both sides for more than a distance of 5.0 metres)
and therefore the future opportunity for clearing for maintenance purposes does not exist for the
majority of the fence line.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Reconfiguring a Lot Code:
• Works Codes;
• Biodiversity, Waterways and Wetlands Overlay Code
The subject site is located in Cooroy and is zoned Rural. The proposed use is identified as a
consistent use within the zone and is required to follow a code assessable application process.
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The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Criteria Existing Proposal Complies
Minimum Lot Size
• 100 hectares
Lot 12 on SP149241 1.89 hectares 2.31 hectares X
Lot 3 on RP1928222 2.59 hectares 2.7 hectares X
Reconfiguring a Lot Code
Acceptable Outcome AO26 of the Reconfiguring a Lot Code relates to the Rearrangement of Lot
Boundaries and applies to the proposal. This acceptable outcome specifies that:
The rearrangement of lot boundaries results is an improvement to the existing situation
whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4
Minimum lot size and dimensions. and at least one of the following is achieved:
(a) the rearrangement of lots remedies an existing boundary encroachment by a building
or structure;
(b) the rearranged lots will be made more regular in shape;
(c) access is provided to a lot that previously had no access or an unsuitable access;
(d) the rearranged lots better meet the overall outcomes for the zone and the local plan
area in which the site is situated;
(e) the rearrangement of lots provides for a significant improvement in rural productivity;
or
(f) the rearrangement of lots results in a significant improvement in the protection of
environmental values.
Assessment
It is noted that the proposed boundary rearrangement results in an improvement to the existing
situation, by improving the shape and future maintenance of the lots.
The proposal is responsive to the site constraints, and the environmental values are generally
maintained.
The proposal retains all existing access and infrastructure arrangements, and the boundary
realignment is unlikely to create any off-site impacts. The development meets the Performance
Outcome.
Biodiversity, Waterways and Wetlands – Riparian Buffer
The watercourse running along the eastern part of the subject site is mapped as a Riparian Buffer
Area and the proposed common boundary will cut through this mapped riparian area. The applicant
submits the following;
“A standard rural wire and star picket fence is proposed along the new internal boundary.
This will not impact the existing vegetation within the subject land. No clearing is proposed.”
It is noted that the existing common boundary currently cuts through a mapped riparian buffer
however, this area is generally cleared and disturbed, compared to the proposed boundary
location. The proposed boundary treatment is considered low impact and is not expected to create
an additional impact on the riparian buffer. As no vegetation clearing is required to establish the
fence or allow for the boundary realignment, ecological linkages on the site are maintained and
therefore, the proposal generally achieves the requirements of the overlay code.
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4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Internal boundary realignment so no works required. It is only the need for service certificates for
plan sealing that we need to include the following and I don’t believe that there will be any issues.
Conditions have been provided for inclusion.
• Senior Environment Officer, Development Assessment
The Senior Environment Officer raised concern regarding the ongoing maintenance and access to
the area to the east of the boundary fence (below Figure 4 red linework) by the owners of Lot 3
who may require a new access pathway within Lot 3.
The applicant advised that existing access is already established within Lot 3 to access and
maintain the area.
Figure 4 – Lot 3, side boundary area.
5. 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 RAL25/0006 for a Reconfiguring a Lot - Boundary Realignment
situated at 156 Ferrells Rd Cooroy Qld 4563 172 Ferrells Rd Cooroy Qld 4563and described as
Lot 3 RP 192822, Lot 12 SP 149241, it is recommended the application be approved in accordance
with the following details for the Decision Notice:
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1. APPLICATION DETAILS
Application No: RAL25/0006
Street address: 156 & 172 Ferrells Rd Cooroy Qld 4563
Real property description: Lot 3 RP 192822, Lot 12 SP 149241
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Reconfiguring a Lot - Boundary Realignment (2 Lots into 2 Lots)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. 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.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 27 May 2029, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
24-6346AC - Plan of Proposed Reconfiguration of Lot 3 14.02.2025
on RP192822 & Lot 12 on SP149241
prepared by Max Watterson & Associates
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
complies with the relevant provisions of the planning scheme and the Building Act
1975, unless varied by this Decision Notice;
b. all utility services and connections (e.g., electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement;
c. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements;
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d. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot; and
e. all retaining walls and structures are fully contained within the lot they retain.
Services
6. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
7. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
8. Certification must be submitted to Council from all relevant service providers (Energex and
NBN) which certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Easements
9. 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.
10. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
11. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
12. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. 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
1. 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
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8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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