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        DEVELOPMENT ASSESSMENT REPORT
   DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (BOUNDARY
                         REALIGNMENT)

             1121 & 1089 COOTHARABA ROAD, COOTHARABA
                     LOT 1 ON RP902966 & LOT 7 ON SP142413

File Number: 20178                                           August 2020
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Page 2

PROJECT URBAN – 20178                                                                                                             August 2020

DOCUMENT INFORMATION

Project number:                       20178

Report prepared for:                  Ms Lilly Studdock


DOCUMENT CONTROL

  Revision #                Date                   Prepared by                       Reviewed by                      Authorised by

      Final             05/08/2020                 Jacob McRae                        Glen Wright                       Glen Wright



COMPANY DETAILS

Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Fax:
Email: [email protected]


Disclaimer Statement

Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.

This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.




DEVELOPMENT ASSESSMENT REPORT                                                                                                     Page 2 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 3

PROJECT URBAN – 20178                                                                                                                                        August 2020


TABLE OF CONTENTS
1.0     APPLICATION SUMMARY.................................................................................................... 4
2.0     INTRODUCTION.................................................................................................................... 5
3.0     SITE DESCRIPTION ............................................................................................................... 6
4.0     PROPOSED DEVELOPMENT ................................................................................................. 7
5.0     STATE PLANNING INTERESTS ............................................................................................. 8
6.0     PLANNING SCHEME ............................................................................................................. 9
  6.1     DEFINITION ....................................................................................................................................................... 9
  6.2     LEVEL OF ASSESSMENT ................................................................................................................................ 9
  6.3     ZONE CODE ...................................................................................................................................................... 9
  6.4     OVERLAYS .......................................................................................................................................................... 9
  6.5     DEVELOPMENT CODES............................................................................................................................... 12
    6.5.1 ALTERNATIVE SOLUTIONS ................................................................................................................... 12
7.0     CONCLUSION ...................................................................................................................... 14

ATTACHMENT 1 – Planning Scheme Code Assessment prepared by Project Urban

SUPPORTING DOCUMENTATION
Reconfiguration Proposal Plan prepared by Project Urban




DEVELOPMENT ASSESSMENT REPORT                                                                                                                                 Page 3 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 4

PROJECT URBAN – 20178                                                                           August 2020


1.0 APPLICATION SUMMARY

 SITE DETAILS

 Address                           1121 & 1089 Cootharaba Road, Cootharaba

 Real Property Description         Lot 1 on RP902966 & Lot 7 on SP142413

 Land Area                         597,300m2

 Local Authority                   Noosa Shire Council

 Registered Landowner              Ronald Lloyd Studdock
                                   Lilly Anne Studdock

 Current Use                       Dwelling House and Vacant Land

 PLANNING SCHEME DESIGNATIONS

 Planning Scheme                   Noosa Plan 2020

 Zone                              Rural Zone

 Overlays                              •     Acid Sulfate Soils Overlay (Acid Sulfate Soils);
                                       •     Agricultural Land Overlay Map (Agricultural Land);
                                       •     Biodiversity, Waterways and Wetlands               Overlay
                                             (Biodiversity Significance, Riparian Buffer);
                                       •     Bushfire Hazard Overlay (High and Medium Bushfire
                                             Intensity and Buffer);
                                       •     Flood Hazard Overlay (Flooding and Inundation);

 APPLICATION DETAILS

 Applicant                         Lilly Studdock

 Application Type                  Development Permit for Reconfiguring a Lot

 Proposal                          Boundary Realignment

 Level of Assessment               Code

 Referrals                         Not Applicable


 PROJECT TEAM

 Town Planning                     Project Urban




DEVELOPMENT ASSESSMENT REPORT                                                                   Page 4 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 5

PROJECT URBAN – 20178                                                                     August 2020


2.0 INTRODUCTION
This Development Assessment Report has been prepared to support a Development Application
for Reconfiguring a Lot for a minor boundary realignment on behalf of Lilly Studdock.

The subject site is situated at 1121 and 1089 Cootharaba Road, Cootharaba and is described as
Lot 1 on RP902966 and Lot 7 on SP142413.

Under the Noosa Plan 2020 the site is included within the Rural Zone. The proposal is subject to
Code Assessment.

The purpose of this report is to describe the characteristics of the site and surrounding land uses,
detail the proposed development and provide an assessment against the applicable planning
provisions.

This report should be read in conjunction with the accompanying covering letter, Development
Application form and Lot Reconfiguration Proposal Plan.




DEVELOPMENT ASSESSMENT REPORT                                                             Page 5 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 6

PROJECT URBAN – 20178                                                                          August 2020


3.0 SITE DESCRIPTION
The subject site is situated at 1121 & 1089 Cootharaba Road, Cootharaba and described as Lot 1
on RP902966 and Lot 7 on SP142413.

The site comprises an area of 597,300m2 and consisting of a dwelling house and vacant land. The
site has a road frontage to Cootharaba Road of approximately 630m. The site contains some
mature vegetation that is identified to be of value on local and state mapping.

The topography of the site consists of a gradual slope towards the north-eastern boundary and
the stream located on Lot 7.

The sites location and context are illustrated in the figures below:




                          Figure 1: Location of Subject Site (QLD Globe, Accessed July 2020)

The site is located within a rural area of the Noosa Hinterlands. As such, surrounding land uses
are predominantly rural based. Lots adjoining to the south consist of existing dwelling houses
and land located directly opposite is utilised for conservation.




DEVELOPMENT ASSESSMENT REPORT                                                                  Page 6 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 7

PROJECT URBAN – 20178                                                                          August 2020


4.0 PROPOSED DEVELOPMENT
This application seeks a Development Permit for Reconfiguration of a Lot (Boundary
Realignment) in accordance with the provided Reconfiguration Proposal Plan.

The purpose of the proposed boundary realignment is to improve upon the existing access
arrangement for Lot 1. As per figure 2 below, the existing driveway servicing Lot 1 is
predominantly housed within lot 7.




                                                                               EXISTING
                                                                              BOUNDARY




                EXISTING
               FENCELINE



                                                        EXISTING
                                                       DRIVEWAY


                        Figure 2: Current Access Arrangement (QLD Globe, Accessed July 2020)

The proposal plan provided indicates that approximately 324m of the existing boundary is to be
shifted 12m to the south. The new boundary alignment is intended to coincide with the existing
fence line.

The new boundary will vary the existing lot sizes by approximately 4,000m2. The new lot sizes are
outlined in the table below.

                    SUBJECT LOT                CURRENT                       PROPOSED
                    Lot 1                 197,100m2 (19.71ha)                 20.11ha
                    Lot 7                 400,200m2 (40.20ha)                 39.62ha




DEVELOPMENT ASSESSMENT REPORT                                                                  Page 7 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 8

PROJECT URBAN – 20178                                                                    August 2020


5.0 STATE PLANNING INTERESTS
The Planning Regulation 2017 (the regulation) sets out assessment benchmarks which are
additional or alternative to the Assessment Benchmarks contained in the local planning
instruments. These Assessment Benchmarks are prescribed as being contained in:

    •   The SEQ Regional Plan and Part E of the State Planning Policy, to the extent that they are
        not appropriately integrated into the planning scheme; and

    •   Schedule 10 of the Planning Regulation 2017.

As the Noosa Plan 2020 only came into effect on 31 July 2020, matters relevant to the SEQ
Regional Plan and Part E of the SPP are considered to be appropriately integrated into the
planning scheme. Additionally, from review of Schedule 10 of the regulation and the State
Assessment and Referral Agency mapping, it is determined that the proposed development is not
subject to any additional assessment.

On this basis, it is determined that the proposed development is consistent with all relevant state
planning interests.




DEVELOPMENT ASSESSMENT REPORT                                                            Page 8 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
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PROJECT URBAN – 20178                                                                  August 2020


6.0 PLANNING SCHEME
Under the Noosa Plan 2020 (Planning Scheme) the site is included within the Rural Zone. An
assessment of the applicable provisions under the planning scheme has been undertaken below.

6.1 DEFINITION

The proposed development is defined under the planning scheme as:

    reconfiguring a lot means—
       a) creating lots by subdividing another lot; or
       b) amalgamating 2 or more lots; or
       c) rearranging the boundaries of a lot by registering a plan of subdivision under the Land
           Act or Land Title Act; or
       d) dividing land into parts by agreement rendering different parts of a lot immediately
           available for separate disposition or separate occupation, other than by an agreement
           that is—
               a. a lease for a term, including renewal options, not exceeding 10 years; or
               b. an agreement for the exclusive use of part of the common property for a
                   community titles scheme under the Body Corporate and Community
                   Management Act 1997 ; or
       e) creating an easement giving access to a lot from a constructed road.

Comment: As represented by the proposal for the site, the application will be assessed in
accordance with point (c) of the definition.

6.2 LEVEL OF ASSESSMENT

As per the table of assessment for reconfiguring a lot, the proposed boundary realignment is
code assessable.

6.3 ZONE CODE

The site is included within the Rural Zone.

In accordance with the relevant overall outcomes under the Rural Zone Code, the proposal is
compliant on the following grounds:

    •   The proposal does not result in the fragmentation of the existing lots;
    •   The proposal does not alter the ability of the lots to undertake rural based land uses;
    •   The relocated lot boundary avoids the further fragmentation of ecologically significant
        land;
    •   The proposal retains high levels of land unconstrained by flooding and native vegetation
        to establish future land uses;
    •   The altered boundary location does not impact upon the continued operation and
        viability of existing infrastructure;

As such, the proposal is determined the demonstrate compliance with the overall outcomes of
the Rural Zone. Further assessment against the Rural Zone Code is included in Attachment 1.

6.4 OVERLAYS

The following overlays have been mapped on the site:

DEVELOPMENT ASSESSMENT REPORT                                                           Page 9 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

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PROJECT URBAN – 20178                                                             August 2020

 OVERLAY                                     COMMENT
 ACID SULFATE SOILS
                                             The site is identified to contain Acid Sulfate
                                             Soils. The proposal does not comprise of
                                             any earthworks and therefore doesn’t
                                             require assessment against this overlay
                                             code.




 AGRICULTURAL LAND OVERLAY
                                             The subject site is located within the
                                             agricultural land conservation area. This
                                             overlay is for information purposes only and
                                             is assessed under the Rural Zone Code.




 BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY
                                         The subject site contains areas of
                                         biodiversity significance and a waterway
                                         (Riparian Buffer Area).

                                             In accordance with the overlay code, the
                                             proposed lot reconfiguration is compliant
                                             on the following grounds:

                                              •   No vegetation clearing is proposed as
                                                  part of the application;
                                              •   The new boundary location does not
                                                  further    transect/fragment   existing
                                                  vegetation;
                                              •   The proposal isn’t for the creation of
                                                  new lots;




DEVELOPMENT ASSESSMENT REPORT                                                    Page 10 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

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PROJECT URBAN – 20178                                                              August 2020




 BUSHFIRE HAZARD OVERLAY
                                              The site is identified to contain high and
                                              medium bushfire intensity areas with
                                              associated buffering. As the proposal is not
                                              for the creation of new lots or a new road
                                              no further assessment is required.




 FLOOD HAZARD OVERLAY
                                              The site is identified to contain flooding and
                                              inundation.

                                              The proposed lot reconfiguration is
                                              considered to be compliant with the overlay
                                              code on the following grounds:

                                               •   No additional lots are created;
                                               •   No development areas are proposed;
                                               •   Both lots retain sufficient flood free
                                                   land for future development;
                                               •   No earthworks are proposed to
                                                   mitigate the extent of flooding;




As per above, the proposed boundary realignment is compliant with all relevant matters
identified under the overlay codes.
DEVELOPMENT ASSESSMENT REPORT                                                     Page 11 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 12

PROJECT URBAN – 20178                                                                     August 2020



6.5 DEVELOPMENT CODES

In accordance with table 5.6.1 the following Codes are applicable to the proposed development:

    •   Rural Zone Code
    •   Reconfiguring a Lot Code
    •   Works Codes

Comment: An assessment of the applicable codes has been included within Attachment 1.

The code assessment has determined that the proposed development complies with all relevant
performance outcomes. Where compliance with the acceptable outcomes has not been met,
alternative solutions addressing compliance with performance outcomes has been undertaken
section 6.5.1.

6.5.1    ALTERNATIVE SOLUTIONS

Reconfiguring a Lot Code

Acceptable Outcome 7.9

As stated under AO7.9, it is required that the existing ecological land located on site be protected
via a covenant or transfer of land. For the purpose of this proposal, it is not considered necessary
to establish a covenant on the following grounds:

    •   The proposal does not require any clearing for the establishment of the new lot boundary;
    •   Sufficient land is left unaffected by environmental constraint, minimising the need for land
        clearing;
    •   The proposal does not increase the population of the subject site;
    •   All existing scenic amenity of the site and area is not impacted upon.

This is determined to demonstrate that the proposal is a site responsive design, in accordance
with the requirements of PO7. It is therefore not considered to be necessary to establish a
covenant on the subject site.

Acceptable Outcome 26

The proposed boundary realignment does not result in an improvement to the compliance of the
subject lots regarding the minimum lot size. On this basis, the proposal is not able to achieve
compliance with AO26.

In accordance with PO26, it is required that:

Development provides that the rearrangement of lot boundaries is an improvement on the
existing situation.

As specified in the proposal description, the purpose of the boundary realignment is to enable
the driveway currently servicing Lot 1 to be wholly located within the subject allotment. It is
considered that this would improve the existing access arrangement on the following grounds:

    •   It would protect the access to Lot 1 for the life of the dwelling house;
    •   Ensures that vehicles accessing Lot 1 are fully confined within Lot 1;
    •   It would prevent disputes regarding maintenance of the driveway;
DEVELOPMENT ASSESSMENT REPORT                                                            Page 12 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 13

PROJECT URBAN – 20178                                                                  August 2020



On this basis, it is determined that the proposal improves upon the existing access situation, in
accordance with point (c) of AO26. Therefore, it is determined that compliance with PO26 has
been achieved.




DEVELOPMENT ASSESSMENT REPORT                                                          Page 13 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 14

PROJECT URBAN – 20178                                                                    August 2020


7.0 CONCLUSION
This Development Assessment Report has been prepared on behalf of Lilly Studdock to support a
Development Application for Reconfiguring a Lot for a Boundary Realignment in respect of land
at 1121 and 1089 Cootharaba Road, Cootharaba, described as Lot 1 on RP902966 and Lot 7 on
SP142413.

The site is included under the Noosa Plan 2020 and is within the Rural Zone.

The proposal is determined to demonstrate compliance with all relevant matters on the following
grounds:

•   The proposal is compliant with all relevant state matters;
•   The new boundary location improves the existing access arrangement for Lot 1;
•   The altered boundary does not further fragment/transect vegetation on the subject site;
•   The altered lot configuration does not prevent the ability of the allotments to be utilised for
    rural uses;

Approval of the proposed Boundary Realignment is warranted.




DEVELOPMENT ASSESSMENT REPORT                                                            Page 14 of 16
RECONFIGURING A LOT (BOUNDARY REALIGNMENT)
1121 & 1089 COOTHARABA ROAD, COOTHARABA

Page 15

ATTACHMENT 1
   CODE ASSESSMENT
  PREPARED BY PROJECT URBAN


[OCR of page images]
ATTACHMENT 1

 

CODE ASSESSMENT
PREPARED BY PROJECT URBAN

Page 16

RURAL ZONE CODE
Role and function Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes                            Acceptable Outcomes                    Comment
Role and function
PO1                                                                                    Compliant
Land uses in the Rural zone are limited to    No acceptable outcome provided.          The proposed boundary realignment
those which are compatible with agriculture                                            does not result in any impact upon the
and the protection of environmental and                                                use of the subject allotments for rural
landscape values.                                                                      based land uses.

                                                                                       Existing environmental values located on
                                                                                       the site are being retained.
PO2                                          AO2.1                                      Not Applicable
Development does not result in the loss      Development that is incompatible
or diminished productive capacity of         with agricultural activities is not
Agricultural Land Conservation Area.         located on Agricultural Land
                                             Conservation Area and an adequate
Editor’s Note—Agricultural Land              separation area between the
Conservation Areas are shown on the          development and the Agricultural
Agricultural Land Overlay Maps in Schedule 2 Land Conservation Area is provided.

                                              AO2.2                                   Not Applicable
                                              Where there is an overriding need for
                                              incompatible development to be
                                              located on Agricultural Land
                                              Conservation Area, the development
                                              does not have an irreversible impact on
                                              the productive capacity of Agricultural
                                              Land Conservation Area.

                                              Editor’s Notes—
                                              An irreversible impact on agricultural
                                              land includes a permanent reduction
                                              or decline in the agricultural land,
                                              notwithstanding that the land may be
                                              used for agriculture post­
                                              development, e.g. land that could
                                              support crops pre­ development that
                                              can only be used for improved pasture
                                              post­ development.
                                              Aquaculture is specifically
                                              permissible on Agricultural Land
                                              Conservation Area.

                                              AO2.3                                   Not Applicable
                                              Where located in the Agricultural
                                              Land Conservation Area
                                              accommodation is of a temporary or
                                              semi­permanent nature (such as tents,
                                              yurts, relocatable dwellings or
                                              recreational vehicles) or it adaptively
                                              reuses well­established rural
                                              buildings.

                                          AO2.4                                   Compliant
                                          No sensitive land use is established No new sensitive land use is being
                                          closer than 200 metres from land on an established on the site.
                                          adjacent property included in the Rural
                                          zone and mapped as Agricultural Land
                                          Conservation Area as shown in
                                          Agricultural Land Overlay Maps in
                                          schedule 2.
PO3                                       AO3.1                                   Not Applicable
With the exception of one dwelling house, Only the occupants of a dwelling
caretaker’s accommodation or a community house, compliant caretaker’s
residence, any accommodation activity is  residence or community residence
limited to use by short­term guests or    reside on the property for any period

Page 17

seasonal workers employed in a rural activity greater than three consecutive
on the same site or on adjoining premises.    months.

                                              Or

                                              AO3.2
                                              In addition to residents of the
                                              dwelling house, up to 10 people may
                                              reside on the site for periods of no
                                              more than six consecutive months
                                              where they are:
                                              (a) employed in a rural activity on
                                                   the property; or
                                              (b) a spouse or child of a person
                                                   employed in a rural activity on
                                                   the property.
PO4                                                                                  Not Applicable
Visitor accommodation:                          No acceptable outcome provided.
(a)    is at a small scale and low density that
       protects the environmental and rural
       values of the land;
(b)    is compatible with rural activities and
       nature conservation; and
(c)    does not detract from the rural
       amenity of adjoining properties.
PO5                                                                                  Not Applicable
Uses such as nature­based tourism, outdoor No acceptable outcome provided.
education, environment facilities and
outdoor sport and recreation may be
appropriate where:
(a)    they cannot be more appropriately
       located in urban areas;
(b)    they have an indelible
       connection to rural or ecological
       values of the site;
(c)    there is an overriding
       community benefit of
       the development;
(d)    they are not located on Agricultural
       Land Conservation Area as shown on
       the Agricultural Land Overlap Maps in
       schedule 2 or are temporary in nature
       so as not to compromise agricultural
       uses in the future; and
(e)    they do not interfere with remnant
       vegetation or ecologically important
       areas.
PO6                                                                                  Not Applicable
Extractive industry operations are limited to No acceptable outcome provided.
designated Key Resource Areas and at other
known resources deposits where:
(a)    best practice environmental
       management is met;
(b)    the amenity of residents in the
       vicinity of extractive industry
       operations is maintained;
(c)    they do not conflict with agricultural
       operations;
(d)    the safety of rural roads is ensured;
       and
(e)    the visual amenity of the rural area as
       viewed from the major road network is
       protected.

Built form Table 6.8.3.3 Criteria for assessment (part)
 Performance outcomes                            Acceptable Outcomes                 Comment

Page 18

Built form
Building height and scale PO7                                                                Not Applicable
Buildings and other structures:                  AO7.1
(a)    are low rise;                             Buildings are no more than two
(b)    minimise the appearance of bulk to        storeys in height.
       adjacent properties, roads or other areas
       in the vicinity of the site; and          AO7.2
(c)    respect the scale of surrounding          With the exception of Class 10
       vegetation and maximises opportunities buildings or structures used
       to retain existing vegetation on site.    exclusively for a rural activity, buildings
                                                 and structures are no more than 8
                                                 metres in building height providing
                                                 that they may be up to 9 metres where
                                                 the pitched roof but no other part of
                                                 the building or structure exceeds 8
                                                 metres.

                                                AO7.3
                                                With the exception of Class 10
                                                buildings or structures used
                                                exclusively for a rural activity,
                                                individual buildings or roofed
                                                structures do not exceed 500m2 gross
                                                floor area.

                                                AO7.4
                                                Class 10 buildings used exclusively for
                                                the purpose of animal husbandry,
                                                aquaculture, cropping, intensive
                                                animal industry, intensive horticulture
                                                or rural industry do not exceed 12
                                                metres in height.

                                                AO7.5
                                                A structure, not constituting a
                                                building, used exclusively for the
                                                purpose of animal husbandry,
                                                aquaculture, cropping, intensive
                                                animal industry, intensive horticulture
                                                or rural industry does not exceed 15
                                                metres in height.

                                                AO7.6
                                                Where excavation is required, the
                                                maximum portion of the exposed
                                                external façade of the building cannot
                                                exceed the respective building heights
                                                in AO1.1 , AO.2, AO7.3, AO7.4 and
                                                AO7.5 above.

                                                Editor's     note—refer      to    figure
                                                AP3­13A
Setbacks
PO8                                              AO8.1                                      Not Applicable
Notwithstanding that intensive rural activities Buildings used to house animals,
may need greater separation distances,           temporary holding yards, structures
buildings and other structures are               containing areas of animal waste or
appropriately sited and designed to:             by­product disposal are not within
(a)    avoid environmental harm or nuisance 100 metres of:
       to sensitive land uses, including adverse (a)   the boundary of properties in
       impacts on amenity values, over                 a residential zone including
       and above what could reasonably be              the rural residential zone;
       expected in the rural zone;               (b)   a sensitive land use;
(b)    avoid adverse impact on ecologically      (c)   the boundary of adjoining
       important areas including National              properties in the
       Parks, watercourses, and wetlands;              environmental management
(c)    mitigate risks associated with the use of       and conservation zone; or

Page 19

       chemicals or air pollutants; and         (d)   a waterway shown on the
(d)    avoid conflict with rural uses and             Biodiversity, Waterways
       activities on adjoining properties.            and Wetlands Overlay
                                                      maps in schedule 2.
Editor's note­ For uses that are subject to
impact assessment, required setback and            AO8.2                                   Not Applicable
separation distances will vary with the scale and Buildings or structures which are used
type of rural activity. Relevant factors that will for the storage of chemicals or
be taken into account when determining             machinery, stockpiling of composting or
appropriate distances include the type and         organic fertilisers, or which support
scale of buildings and structures proposed, the artificial lighting or irrigation sprayers
use of buildings and structures, construction      are not within 100 metres of:
methods, level of containment and ventilation, (a)         the boundary of properties in
potential noise, odour or air pollutant nuisance,          a residential zone including
topography, climatic variables, existing                   the rural residential zone;
vegetation between land uses, and a range of (b)           a sensitive land use;
management practices that can be employed to (c)           the boundary of adjoining
mitigate off­site impacts.                                 properties in the
                                                           environmental management
                                                           and conservation zone; or
                                                    (d)    a waterway shown on the
                                                           Biodiversity, Waterways
                                                           and Wetlands Overlay
                                                           maps in schedule 2.

                                               AO8.3                                       Not Applicable
                                               With the exception of a roadside stall,
                                               buildings and structures associated with
                                               a rural activity or industrial activity are
                                               set back 20 metres from a road reserve
                                               or 40 metres from any part of the major
                                               road network.

                                               AO8.4                                  Not Applicable
                                               In addition to the circumstances of
                                               AO8.1, to AO8.3 above, buildings and
                                               structures meet the following minimum
                                               boundary setbacks:
                                                (a)   20 metres from a property
                                                      boundary of adjoining land in
                                                      the Environmental
                                                      management and conservation
                                                      zone;
                                                (b)   a distance greater than the
                                                      width of the riparian buffer
                                                      area shown on Biodiversity,
                                                      Waterways and Wetland
                                                      Overlay maps;
                                                (c)   10 metres from a road frontage;
                                                       and
                                                (d)   10 metres from the side and
                                                      rear boundaries or 6 metres
                                                      where the lot area does not
                                                      exceed 1 hectare, with the
                                                      exception that if the height of
                                                      the building or structure
                                                      exceeds 9 metres the setback
                                                      to the side and rear
                                                      boundaries is equal to twice
                                                      its height in metres.

                                               AO8.5                                    Not Applicable
                                               On properties over 2 hectares in area, a Application does not result in the
                                               distance of not less than 200 metres is establishment of any additional
                                               provided between a sensitive land use sensitive land use.
                                               and land on an adjacent rural zone
                                               property over 4 hectares in area mapped

Page 20

                                                as Agricultural Land Conservation Area.

Safety and amenity Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes                             Acceptable Outcomes                      Comment
Safety and amenity
PO9                                                                                  Compliant
Development does not result in environmental No acceptable outcome provided          No environmental harm or nuisance
harm or environmental nuisance to sensitive                                          results from the proposal.
land uses.
PO10                                         AO10                                    Compliant
Development does not compromise the safety, Safe vehicular access is provided to and Existing vehicle access is retained to the
capacity or operation of the road network.   from the site without adversely         site.
                                             impacting on the safety of the road
                                             network.

Environment and heritage      Table 6.8.3.3 Criteria for assessment (part)
 Performance outcomes                             Acceptable Outcomes                     Comment
Environment, heritage and scenic amenity
PO11                                              AO11.1                                    Compliant
Development does not have a significant Development does not result in No additional structures are being
adverse impact on the natural values of the sediment, soil or other material established as part of this application.
site including through:                           including building materials or waste Existing storm water arrangements are
(a)    loss of biodiversity values, fauna habitat products being released into the road being retained.
       and fish passage;                          reserve, stormwater drains, waterways
(b)    changes to natural drainage;               or adjacent properties.
(c)    disturbance to any wetland systems;
(d)    erosion and the transport of               AO11.2                                    Compliant
       sediments       off    site  (including    Natural      Vegetation     is   retained No vegetation clearance is proposed as
       pollutants and other contaminants          wherever possible.                        part of this proposal.
       which would affect the capacity of
       agricultural lands);                       AO11.3                                    Not Applicable
(e)    worsening of landslide or fire risk;       Where    there  is a nominated   building
                                                  envelope on the lot, clearing of native
(f)    on­site effluent disposal;
                                                  vegetation and building works do not
(g)    creation of dust and air pollutants;
                                                  extend beyond the building envelope,
(h)    disturbance of buildings and
                                                  except for the purposes of a driveway
       features, including natural features,
                                                  access.
       of cultural heritage significance.
PO12                                              AO12                                      Not Applicable
Development and associated site works do          Development and associated site works,
not directly, indirectly or cumulatively cause    including filling and excavation are
adverse impacts external to the                   designed and constructed to ensure
development site by:                              overland flow and/or flooding is not
(a)    causing ponding of water;                  worsened, impeded, or otherwise
(b)    increasing flooding, which adversely       diverted to adversely affect other
       affects the safety or use of any land      properties.
       upstream and downstream;
(c)    adversely affecting the flow of
       water in any overland flow path.
Scenic amenity                                                                              Not Applicable
PO13                                              AO13
Development does not detract from the scenic Development on land adjoining the
amenity of the hinterland as experienced from major road network, Lake Macdonald or
the major road network or waterways.              the Noosa River system minimises
                                                  visual impacts on the scenic amenity of
                                                  the roadway or waterway by:
                                                  (a)     sensitive siting and design of
                                                          buildings, structures, driveways
                                                          and works;
                                                  (b)     retaining existing vegetation;
                                                  (c)     incorporating landscape
                                                          treatments to visually screen and
                                                          soften development; and
                                                  (d)     incorporating building materials
                                                          and external finishes that are
                                                          compatible with the site’s visual
                                                          character and landscape setting.

Page 21

                                                   Editor’s Note— Residential buildings
                                                   should be predominantly finished in
                                                   colours and materials that blend well
                                                   with the colours and hues of the
                                                   surrounding vegetation and landscape
                                                   without causing glare or reflection.

                                                   For agricultural buildings, colours and
                                                   textures that blend with the natural
                                                   setting are preferred however if not
                                                   practical, buildings should at least be
                                                   well maintained and/or visually
                                                   screened.
PO14                                                                                           Not Applicable
The visual amenity of Lake Macdonald, its          No acceptable outcome provided
foreshores and immediate surrounds are
maintained or improved including views:
(a)    from the lake;
(b)    to the lake and beyond when viewed
       from private lands and from public
       areas, including the Botanical Gardens.
Sloping sites and ridgelines
PO15                                               AO15.1                                Compliant
The landscape character and visual amenity         To protect scenic amenity and other
quality of hill slopes and ridgelines are          landscape       qualities, buildings,
retained and buildings and structures:             structures and associated accessways
(a)    are visually responsive to the natural      are not constructed on land with a
       topography of the site, sitting within      slope greater than 25%.
       the landscape rather than dominating
       it;                                         AO15.2                                   Not Applicable
(b)    step down slopes or use suspended           On sloping sites or on ridgelines at the
       floor construction, minimising cut and      uppermost edge of a hill slope:
       fill and avoiding benching of the site;     (a)    roof lines are generally parallel
(c)    allow for retention of natural vegetation          with contours of the land;
       that assists in screening or visually       (b)    roofs do not exceed a pitch of
       softening development; and                         15 degrees; and
(d)    incorporate materials, finishes and         (c)    buildings do not protrude
       colours that complement the natural                above the height of prevailing
       setting and integrate with the                     vegetation.
       landscape and skyline.
                                                   Editor's note­ refer to Figure 6.9.1A and
                                                   Figure 6.9.1B. and Figure AP3­3B.

                                                   AO15.3                                 Not Applicable
                                                   Cut or fill is less than 1.5 metres in
                                                   depth relative to natural ground
                                                   surface.

                                                   Editor’s Note— On visually prominent
                                                   hill slopes or ridgelines residential
                                                   buildings should be predominantly
                                                   finished in colours and materials that
                                                   blend well with the colours and hues of
                                                   the surrounding vegetation and
                                                   landscape without causing glare or
                                                   reflection. Broad expanses of a single
                                                   colour are less desirable and where
                                                   possible should be broken up by other
                                                   colours or design elements. Shades in
                                                   the violet, blue, green and yellow­
                                                   green side of the spectrum, as well as
                                                   greys or browns, should be appropriate
                                                   with whites or bright colours restricted
                                                   to trimmings. For agricultural buildings,
                                                   colours and textures that blend with the
                                                   natural setting are preferred however if

Page 22

                                              not practical, buildings should at least
                                              be well maintained and/or visually
                                              screened.

Noosa Trail Network Table 6.8.3.3 Criteria for assessment (part)
Performance outcomes                              Acceptable Outcomes                    Comment
Noosa Trail Network
PO16                                          AO16.1                                   Not Applicable
A comprehensive network of bridle trails      Development includes linkages to or
and pedestrian and bicycle linkages is        between existing or future components
established, enhanced and protected           of the Noosa Trail Network, as indicated
incorporating road reserves, State forests,   on the Strategic Framework
Council owned land and private lands          Infrastructure Map
consistent with the lifestyle and outdoor
recreation needs of Noosa Shire’s residents   AO16.2
and visitors.                                 Development does not have an adverse
                                              impact on the access functions of the
                                              Noosa Trail Network.

Page 23

RECONFIGURING A LOT CODE
Growth Management Table 9.5.1.3 Criteria for assessable development (part)
Performance Outcomes                            Acceptable Outcomes                         Comment
Growth management
PO1                                                                                         Not Applicable
Urban residential development:                      No acceptable outcome provided
(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                                                                                         Not Applicable
Rural residential development is confined to        No acceptable outcome provided
land within the Rural Residential zone and
included within either the Urban Footprint or
Rural Living designations of the South East
Queensland Regional Plan.
PO3                                                 AO3                                     Not Applicable
Development of land for business and                Development of land:
employment functions occurs within the              at the Noosa Business Centre is to be
activity centres and the industrial zones.          generally in accordance with Figure
                                                    7.2.4.5 (Noosa Business Centre
                                                    Framework and Character Plan);
                                                    at the former Bowls site Lot 3
                                                    RP884396, Noosa Junction is to be
                                                    generally in accordance with Figure
                                                    7.2.5.4 (Noosa Junction Framework
                                                    and Character Plan).
PO4                                                                                         Compliant
With the exception of lots intended to be used      No acceptable outcome provided          No additional lots are being created.
by the Council or State for community
infrastructure, conservation purposes or
public utilities, including road widening, no
additional lots are created:
(a)    in the Rural zone unless resultant lots
       have a minimum area of 100 hectares;
(b)    in the Environmental Management and
       Conservation zone;
(c)    on Noosa North Shore;
(d)    in the Low density residential zone at
       Cooroibah;
(e)    in the Low density residential zone
       where access is gained via:
       (i)     Noosa Banks Drive, Tewantin;
       (ii)    Golf Course Drive, Griffith
               Avenue or Carramar Street,
               Tewantin;
       (iii)   Lake     Entrance     Boulevard,
               Noosaville;
       (iv)    Lake Weyba Drive Noosaville,
               south of Eenie Creek Road; or
       (v)     Habitat Place, Noosa Heads;
(f)    within a Water Supply Buffer Area as
       shown on Regional Infrastructure
       Overlay.

Page 24

Lot areas and dimensions                       Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                            Acceptable Outcomes                        Comment
Growth management
Lot areas and dimensions
PO5                                                AO5.1                                       Compliant
New lots have areas and dimensions that:           New lots are of a size and shape that       The proposed boundary realignment
                                                   can accommodate the land uses               has minimal impact on the existing size
(a)   are consistent with the purpose and          intended by the zone.                       and shape of the subject lots. Existing
      overall outcomes of the applicable                                                       allowable land uses for the site are
      zone or zones;                                                                           therefore considered to be retained.
(b)   are consistent with the size and
      character of surrounding lots;
(c)   can accommodate land uses that are           AO5.2                                       Compliant
      consistent with the purpose and overall      In general, lots have a predominantly       It would be possible for the boundary
      outcomes of the applicable zone;             regular, rectangular shape.                 realignment of Lot 1 to retain its
(d)   allow for siting and construction of                                                     generally rectangular shape, although,
      buildings, structures, access ways and       Editor's   note    ­  topographical         given that there is significant vegetation
      car parking while:­                          constraints or environmental values         located around the south-western
      (i)    retaining ecologically important      may call for irregular property             corner of the site, the proposed
             areas and ecological linkages;        boundaries.                                 irregular shape is proposed to prevent
                                                                                               further fragmentation of the vegetation.
      (ii)   minimising risk of soil erosion,
             landslide,       flooding      and    AO5.3                                       Not Applicable
             bushfire;                             In residential zones, lots are generally
      (iii)  minimising       earthworks      or   arranged so that:
             retaining walls associated with       (a)    there are no more than five lots
             construction on sloping sites;               with a frontage width of less
      (iv)   retaining the scenic amenity and             than 15 metres grouped in a
             vegetated character of the                   row;
             landscape;                            (b)    there are no more than three
      (v)    retaining culturally significant             lots with a frontage width of 7.5
             features and protecting views to             metres or less in a row unless
             culturally significant features;             serviced by a rear lane;
      (vi)   minimising detrimental impacts        (c)    lots with a frontage width of less
             of effluent disposal or storm                than 15 metres are not located
             water runoff; including open                 opposite other lots with a
             space for landscaping; ensuring              frontage width of less than 15
             safe vehicular manoeuvring                   metres
             areas without concentration of
             driveways in one space; and           AO5.4                                       Not Applicable
      (vii) where not in a water or sewerage       In activity centres and industry zones,
             service area, allow for water         new lots contribute to a mix of lot sizes
             storage tanks and suitable            that cater for varied commercial and
             effluent disposal.                    industrial enterprises, such that:
(e)   except where otherwise specified in a        (a)    smaller lots intended for
      local area code, comply with the                    intensive development are
      minimum lot size specified in Table                 clustered near centres;
      9.5.1.4 Minimum Lot Size and                 (b)    new lots adjacent to sensitive
      Dimensions                                          land uses include sufficient area
                                                          for buffering of incompatible
                                                          land uses; and
                                                   (c)    lot reconfiguration provides for
                                                          shared access arrangements
                                                          wherever possible.
PO6                                                                                            Compliant
Development provides for irregular shaped          No acceptable outcome provided              The created irregularity of lot 1 is
lots to be created only where:                                                                 compliant on the following grounds:
(a)    the creation of regular lots is                                                         •   the proposed lot boundary avoids
       impractical such as at a curve in the                                                       further fragmentation ecological
       road or because of topographical                                                            areas; and
       constraints;                                                                            •   new lot boundary only
(b)    safe access and visual exposure to and                                                      encompasses the area of the vehicle
       from the site can be provided, while not                                                    access;
       adversely      impacting     on      the
       functionality of the surrounding road
       network;

Page 25

(c)    it is desirable to avoid clearing of
       vegetation and the fragmentation of
       habitat in ecologically important areas;
       and
(d)    the irregular lot is demonstrably
       suitable for its intended purpose.

Lot layout         Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                          Acceptable Outcomes                           Comment
Growth management
Lot layout
Site Responsive Design
PO7                                               AO7.1                                     Not Applicable
Development provides for a lot layout and         If located in the Low density residential
configuration of roads and pathways that is       zone, Medium density residential zone,
responsive to:­                                   High density residential zone, Tourist
(a)   the setting of the site within an urban     accommodation zone or Community
      or non­urban context;                       facilities zone and intended for a
(b)   any natural environmental values            residential use, any new lot is located
      present on, or adjoining the site;          outside the modelled flood level of the
(c)   any natural hazards affecting the site or   1% AEP (1:100 year ARI) water surface
      adjoining land such that the number of      levels or where not modelled, above
      properties or persons at risk is not        the highest known flood level.
      increased;
(d)   the terrain of the land, minimising the     AO7.2                                    Compliant
      need for earthworks;                        Flood immunity for development areas No filling          is   proposed    for   this
(e)   any places of cultural heritage             is not achieved by filling land below application
      significance or character areas present     the 1% AEP (1:100 year ARI) flood level.
      on, or adjoining the site; and
                                                  AO7.3                                      Compliant
(f)   any important landmarks, views, vistas
                                                  All reconfigured lots on land subject to   The proposed boundary realignment
      or other areas of high scenic quality
                                                  a constraint or valuable feature           does not significantly alter the existing
      present on, or able to be viewed from,      identified on an overlay map contains      configuration of the subject lots and
      the site.                                   a building envelope marked on a plan       maintain sufficient land located outside
                                                  of development that demonstrates           of constrained areas
Editor’s Note— Development of land                that there is an area sufficient to
affected by constraints shown on overlay          accommodate the intended purpose
maps will be subject to overlay codes             of the lot, that is not subject to the
                                                  constraint or valuable feature or that
                                                  appropriately     responds     to   the
                                                  constraint or valuable feature.

                                                  AO7.4                                  Not Applicable
                                                  New lots with a site area less than
                                                  4,000m² in area have a slope not
                                                  exceeding:
                                                  (a)   10% side slope (crossfall); or
                                                  (b)   5%       lengthwise        slope
                                                        (longitudinal fall).

                                                  AO7.5                                      Compliant
                                                  Lot boundaries, services, utilities and    The altered lot boundary avoids
                                                  roads are aligned to avoid traversing      traversing ecologically important areas
                                                  ecologically important areas and           and ecological linkages.
                                                  ecological linkages.

                                                  AO7.6                                    Compliant
                                                  Development does not result in Existing landform features are being
                                                  significant modification to natural retained.
                                                  landform or landscape features
                                                  including:
                                                  (a)     waterways and drainage lines;
                                                  (b)     native vegetation or significant
                                                          character trees;
                                                  (c)     understorey vegetation;
                                                  (d)     slope;
                                                  (e)     rock outcrops; or

Page 26

                                              (f)   views.

                                              AO7.7                                    Compliant
                                              Development retains or provides Existing ecological linkages are retained.
                                              viable ecological corridors for wildlife
                                              movement.

                                              AO7.8                                      Not Applicable
                                             Where no riparian buffer is nominated
                                             through the Biodiversity, Waterways
                                             and Wetlands Overlay Map in Schedule
                                             2, a vegetated buffer is provided no less
                                             than 10 metres wide, measured from
                                             the centreline of any stream.

                                                  AO7.9                                   Compliant with Performance
                                                  Ecologically important areas are Outcome
                                                  formally protected for the long term Refer to Town Planning Report
                                                  through environmental covenant or
                                                  transferal to public ownership or
                                                  through gazettal of a nature reserve.
Climate Responsive Design                                                                 Not Applicable
PO8                                               AO8.1
The street design and lot orientation facilitates The lot design maximises the number
the construction of energy efficient buildings of lots where the longest axis of the lot
that respond to the local climate conditions has a general east­west orientation.
by:
(a)    maximising solar access to the north;      AO8.2
(b)    minimising solar access to the west;       The street pattern maximises the
(c)    proportioning lots and building number of streets running in a general
       envelopes to accommodate energy north­south direction.
       efficient building orientation;
(d)    maximising access to any prevailing AO8.3
       summer breezes; and                        For development within the Low
(e)    minimising exposure to prevailing density residential zone each lot
       winter winds.                              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 Lots are arranged to front streets and
use and infrastructure configuration that:        public open space.
(a)    provides for an efficient land use
       pattern;                                   AO9.2
(b)    creates     compact        and   walkable Development maximises opportunities
       neighbourhoods that             are well for casual surveillance and avoids areas
       connected to centres, employment, of concealment by ensuring pathways
       education       facilities,    community and public open space have defined
       services, open space and recreation edges and are visually exposed to
       facilities;                                roadways.
(c)    creates useable and interconnected
       movement and open space networks;          AO9.3
(d)    effectively connects and integrates the Neighbourhoods (including roads,
       site with existing or             planned pathways and open space) are
       development on adjoining sites;            designed with a high degree of
(e)    provides for moderate and large size legibility with public spaces and
       developments to have multiple access corridors easy to find and recognise.
       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

Page 27

        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 out­of­
        sequence creation of lots; and
(l)     protects and enhances ecologically
        important areas and provides for the
        clustering of lots into cleared areas.
Infrastructure                                                                                Compliant
PO10                                               No acceptable outcome provided             Existing infrastructure arrangements are
Development accommodates and provides                                                         being retained on the site.
for the efficient and timely delivery of
infrastructure appropriate to the site’s setting
and intended use.
PO11                                                                                          Not Applicable
Roadway        and     pathway      layout     are No acceptable outcome provided
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    Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                              Acceptable Outcomes                        Comment
Growth management
Infrastructure and services
PO12                                               AO12.1                                     Compliant with AO12.1 & AO12.5
New lots are located, sized and configured so      All lots are connected to power supply     All existing infrastructure servicing the
as to ensure each lot is capable of being          and telecommunications services and        site is to be retained.
serviced by appropriate levels of infrastructure   where located within the Urban
including:                                         boundaries,     power     supply  and
(a)    power supply;                               communications infrastructure are
(b)    telecommunications; and                     provided underground.
(c)    where within Local Plan Areas
(d)    reticulated water supply;                   AO12.2
(e)    reticulated sewerage; and                   If located in a water service area each
(f)    stormwater drainage.                        new lot 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 on­site sewerage disposal.
PO13                                               AO13.1                                     Compliant
Each lot is provided with safe and convenient      Vehicular access for the development       Existing vehicle access to the site is
vehicle access                                     is consistent with the function and        being retained.
                                                   design of the road it takes access from.

                                                   AO13.2                                     Not Applicable
                                                   Development does not require new or
                                                   changed access to a state­ controlled
                                                   road that is a limited access road
                                                   unless in accordance with the limited
                                                   access policy for the state­controlled

Page 28

                                                   road .

                                                   AO13.3                                       Not Applicable
                                                   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 – Roads, drainage
                                                   and earthworks.

                                                   Editor's note­ Reference should be
                                                   made       to      the     Queensland
                                                   Government's              Development
                                                   Assessment Mapping System to
                                                   confirm which are state­controlled
                                                   roads or limited access roads.

Movement Network                     Table 9.5.1.3 Criteria for assessable development (part)
Performance Outcomes                              Acceptable Outcomes                       Comment
Growth management
Movement Network
Traffic                                                                                         Compliant
PO14                                               No acceptable outcome provided               The proposal does not increase the
Traffic generated by the development is                                                         traffic generated from the site.
within the acceptable capacity of external         Editor’s Note— Further detail on traffic
roads and does not have an adverse impact          and the road network is addressed in
upon the functioning of the road network.          Part 9.4.8 Transport Code
Roads and Pathways                                                                              Not Applicable
PO15                                               AO15.1
Development involving the creation of new          Where involving the construction of a
roads and pathways ensures infrastructure—         new road, road planning and design
(a)   provides convenient, safe and efficient      supports the hierarchy and functional
      movement for all modes of transport          aspects identified in Council’s Planning
      between land use activities;                 Scheme Policy PSP6 on Engineering
(b)   prioritises pedestrian movement and          design standards – Roads, drainage
      bicycle use over vehicle movements;          and earthworks.
(c)   facilitates efficient, safe and accessible
      bus services that connect to existing        Editor’s Note— Further detail on road
      and future public passenger transport        and pathway networks is provided in
      facilities;                                  Part 9.4.8 Transport Code
(d)   provides through roads and minimises
      the use of culs­de­ sac;                     AO15.2
                                                   The street layout is generally rectilinear
(e)   minimises the extent of earthworks
                                                   and does not rely on culs­ de­sac, or
      required by being sympathetic to the
                                                   where the use of a cul­de­sac is
      terrain;                                     unavoidable because of the natural
(f)   allows for unimpeded and practical           features of the site, it does not exceed
      access to each proposed lot; and             a length of 200 metres.
(g)   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 planting of street
                                                   trees for shade, amenity and habitat
                                                   purposes.
PO16                                               AO16                                         Not Applicable
The subdivision layout is designed to facilitate   If within 1 kilometre of the Pathways

Page 29

pedestrian and cyclist linkages with adjoining   Network identified in the Local
sites in the immediate area.                     Government       Infrastructure   Plan
                                                 located in Part 4, the subdivision
                                                 design and layout includes pathways:
                                                 (a)   located in accordance with the
                                                       Pathways Network identified in
                                                       the       Local      Government
                                                       Infrastructure Plan; or
                                                 (b)   linking to the Pathways Network
                                                       identified     in    the   Local
                                                       Government Infrastructure Plan.
PO17                                                                                      Not Applicable
Development on land within activity centres      No acceptable outcome provided
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                    Table 9.5.1.3 Criteria for assessable development (part)
Performance Outcomes                            Acceptable Outcomes                       Comment
Growth management
Open Space Network
PO18                                             AO18.1                                  Not Applicable
Development provides for parks, drainage         Active parkland or open space which
reserves and open space infrastructure           links to active parkland is provided in
that:­                                           accordance with the Council’s
(a) provides for a range of passive and active infrastructure network planning;
     recreation settings, offering a range of
     informal and formal experiences to the      OR
     community;
(b) accommodates adequate facilities to meet AO18.2
     the needs of the community and is           Park contributions are paid in
     designed to maximise use by the             accordance with the applicable
     community it serves;                        infrastructure instrument.
(c) provides opportunities for all age groups
     and levels of mobility;                     AO18.3
(d) is well distributed and contributes to the Land intended for public open space
     legibility and character of the specific    complements existing adjacent and
     town, village or locality;                  surrounding open space areas and
(e) creates attractive settings and focal points physical linkages to these areas are
     for the community, designed as attractive provided.
     and enjoyable, functional and safe places
     to meet and recreate;                       AO18.4
(f) benefits the amenity of adjoining land       Open space is provided adjacent to
                                                 waterways, with roads servicing the
     uses;
                                                 linear parkland and lots located on the
(g) facilitates the retention and protection of
                                                 opposite side of the road to the
     ecologically important areas, wetlands,
                                                 waterways.
     waterways, drainage lines and native
     habitat areas, their associated buffers,
                                                 AO18.5
     ecological linkages and other natural and
                                                 A park has direct road frontages of a
     cultural features;
                                                 minimum of 25% of the total allotment
(h) incorporates appropriate measures for        boundary of the park to provide
     stormwater and flood management;            physical access and visibility.
(i) is cost effective to maintain; and
(j) is dedicated as public land in the early     AO18.6
     stages of the subdivision.                  Public open space has good
                                                 connectivity for users via pedestrian
                                                 and cycle paths.

                                                 AO18.7
                                                 Landscaping is designed to create
                                                 aesthetically pleasing open space
                                                 areas and to suit the type, setting
                                                 and purpose of the particular park.

                                                 AO18.8

Page 30

                                                   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:
                                                   (a)    children’s play facilities
                                                          catering for various ages
                                                          including a soft fall surface
                                                          where required and a shade
                                                          cover over play equipment;
                                                   (b)    seating;
                                                   (c)    picnic table/s with seats; and
                                                   (d)    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    Active parkland is of a usable shape free
a physical standard and condition suitable for     of irregular boundaries.
the intended uses and is not subject to
physical or other constraints including            AO19.2
contamination, environmental or biophysical        Active parkland is located on land that
constraints or legislative protection that         is exclusive of—
would encumber its use.                            (a)     flood inundation below the 20%
                                                           AEP (1:5 year ARI level);
                                                   (b)     land affected by stormwater or
                                                           overland flow discharge from
                                                           adjacent allotments;
                                                   (c)     drainage reserves and
                                                           detention basins, which
                                                           cannot be shown to safely and
                                                           effectively contribute to the
                                                           network of parks and open
                                                           space areas;
                                                   (d)     land with a slope, or subject to
                                                           cut or fill with a batter slope,
                                                           that exceeds a slope of 15%;
                                                   (e)     areas of land less than 15
                                                           metres wide, such as access
                                                           and service and utility
                                                           easements;
                                                   (f)     land required to serve
                                                           primarily as a buffer area
                                                           to any existing
                                                           development or major
                                                           transport corridor; and
                                                   (g)     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 Table 9.5.1.3 Criteria for assessable development (part)
Performance Outcomes                                 Acceptable Outcomes                        Comment
Growth management
Small Residential Lots
PO20                                               AO20                                         Not Applicable
Residential lots less than 600m2:                  Within the Low Density Residential
(a)   occur only where they are                    zone, new lots of less than 600m²:

Page 31

      consistent with the size of                  (a)   are no smaller than the size of
      established adjacent lots;                         established adjacent lots;
(b)   are not less than 500m2 in area;             (b)   are free of easements;
(c)   are free of physical constraints or          (c)   are regular in shape
      encumbrances that would restrict the               with a width to
      siting of a house;                                 depth ratio of
(d)   have area and dimensions that                      approximately 1:2;
      can accommodate an                           (d)   do not have a slope greater than
      appropriate house site area                        10%;
      without siting variations;                   (e)   can accommodate a house and
(e)   are distributed across a development               sufficient car parking without
      to create diversity in lots; and                   encroaching into boundary
(f)   do not result in excessive                         clearances or prescribed
      driveways at intersections or                      building setbacks;
      corners.                                     (f)   allow for landscape and tree
                                                         planting in deep soil zones to
                                                         soften built form elements;
                                                   (g)   are not created by further
                                                         dividing an existing rear
                                                         (battle­ axe) lot; and
                                                   (h)   are not located at the end of a
                                                         T­intersection or at a bend in
                                                         the road.

Rear Lots          Table 9.5.1.3 Criteria for assessable development (part)
Performance Outcomes                           Acceptable Outcomes                             Comment
Growth management
Rear Lots
PO21                                               AO21.1                                    Not Applicable
Rear (battle­axe) lots are created only where:­:   The minimum area of the rear lot,
(a)    it would not be desirable nor               exclusive of any access strip, complies
       practicable for the site to be              with the lot reconfiguration outcomes
       reconfigured so that all lots have          in Table 9.5.1.4 Minimum lot size and
       full frontage to a road;                    dimensions providing that no rear
(b)    located in the Low density residential      access lot has a lot size less than 600m2
       zone, Rural residential zone or Rural       exclusive of access strip.
       zone;
(c)    development positively contributes to       AO21.2
       the character of the neighbourhood;         No more than 10% of lots within a
(d)    development provides a high standard        subdivision are rear lots or lots
       of amenity for residents and other users    accessed via an access strip.
       of the rear lot and adjoining properties;
(e)    the lot is large enough to                  AO21.3
       accommodate anticipated land uses           No more than two rear lots are located
       including car parking and manoeuvring;      at the end of a cul­de­sac.
(f)    development is not detrimental to the
                                                   AO21.4
       use and amenity of adjoining lots
                                                   No rear lot shares a common
       through loss of privacy, sunlight or
                                                   boundary with more than four other
       breezes once buildings are constructed;
                                                   lots.
(g)    vehicular access to rear lots will not
       have a detrimental impact on lots
                                                   AO21.5
       adjoining the access strip due to
                                                   No more than two rear lots or rear lot
       excessive noise, light, dust, stormwater
                                                   access strips directly adjoin each other.
       runoff and the like;
(h)    access arrangements do not adversely        AO21.6
       affect the safety and efficiency of the     No existing lot with a primary street
       road from which access is gained;           frontage of less than 12 metres is
(i)    their creation does not prejudice the       further divided unless safe access to
       anticipated development of adjoining        the new lot is provided to a secondary
       land.                                       street to which a frontage of at least
                                                   12 metres is provided.

                                                   AO21.7
                                                   Where two rear lots adjoin each other,
                                                   a single common driveway and
                                                   reciprocal access easements are

Page 32

                                                    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.

                                                    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 of severed by a road                        Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                               Acceptable Outcomes                        Comment
Growth management
Rural lots severed by a road
PO22                                                                                         Not Applicable
In the Rural Zone, one lot may be divided           No acceptable outcome provided
into two lots less than 100 hectares in area
where there is a compliance with the South
East Queensland Regional Plan and each
resultant lot is relatively free of physical
constraints such that it can accommodate a
dwelling house, effluent disposal, vehicular
access and other improvements and land
uses that are consistent with the purpose of
the Rural Zone.

Volumetric Subdivisions                        Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                               Acceptable Outcomes                       Comment
Growth management
Volumetric Subdivisions
PO23                                                                                         Not Applicable
Development provides that the subdivision           No acceptable outcome provided
of space above 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             Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                                 Acceptable Outcomes                     Comment
Growth management
Stormwater Management
PO24                                                                                         Not Applicable
Development provides for the effective              No acceptable outcome provided
drainage of lots and roads in a manner
that:­                                              Editor’s Note— Requirements for the
(a)    maintains the natural flow regime;           design and construction of stormwater
(b)    effectively manages stormwater quality       management infrastructure are
       and quantity; and                            addressed in Part
(c)    ensures no adverse impacts on                9.4.9 Water Quality and Drainage code
       receiving waters and
       surrounding land.

Conflicting land uses                       Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                               Acceptable Outcomes                       Comment
Growth management

Page 33

Conflicting land uses
PO25                                                                                            Not Applicable
New lots for residential development do not        No acceptable outcome provided
adjoin land located in the Medium impact
industry zone or the Low impact industry
zone.

Rearrangement of Lot Boundaries           Table 9.5.1.3 Criteria for assessable development (part)
 Performance Outcomes                             Acceptable Outcomes                        Comment
Growth management
Rearrangement of Lot Boundaries
PO26                                               AO26                                         Compliant with Performance
Development      provides       that   the         The rearrangement of lot boundaries          Outcome
rearrangement of lot boundaries is an              results is an improvement to the             Refer to Town Planning Report
improvement on the existing situation.             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.
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
PO27                                                                                            Not Applicable
Community title subdivision only occurs once       No acceptable outcome provided
construction of 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          No acceptable outcome provided
and driveways which:
(a)   are designed to clearly indicate the
      function of the access way; and
(b)   provide acceptable levels of access,
      functionality, safety, amenity and
      convenience for users, as well as
      catering for car parking facilities.
PO29                                                                                            Not Applicable

Page 34

Community title subdivision for residential      No acceptable outcome provided
purposes only occurs—
(a)   where lots are located close to services
      and facilities;
(b)   in the Low density residential zone,
      Medium density residential zone, High
      density residential zone, Tourist
      accommodation zone or Centre zone;
(c)   where they are consistent with the
      character of the locality they are
      located in;
(d)   if appropriate house site areas and car
      parking needs can be accommodated;
(e)   where they are supplied with adequate
      infrastructure to meet the needs of
      users;
(f)   where they minimise adverse effects on
      the environment;
(g)   if they are of suitable shape and slope
      to      minimise       constraints    to
      development; and
(h)   if they are sufficient areas to provide
      reasonable amenity for users.
PO30                                                                              Not Applicable
Community title subdivisions intended for        No acceptable outcome provided
business uses:
(a)   only occur in a centre zone or industry
      zone; and
(b)   provide adequate areas on site for
      vehicular     parking,    private   and
      communal open space, landscaping
      and site facilities to meet the needs of
      users.

Page 35

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