Original source · versioned page text
Delegated Report - Code - Planning RAL26 0021 (As Published)
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Tess Henare
Development Assessment
APPLICATION DETAILS
Application No. RAL26/0021
Applicant Eagle Surveys Pty Ltd
Proposal Reconfiguring a Lot - Boundary Realignment
Properly Made Date 10 July 2026
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 11 September 2026
Report Reviewed & Ben Micallef – 31 July 2026
Finalised By
PROPERTY DETAILS
Property Address 21 Rules Rd Pomona Qld 4568 & 35 Rules Rd Pomona Qld 4568
RP Description Lot 2 RP 35094, Lot 6 RP 848414
Land Area 161850.00 m²
218700.00 m²
Existing Use of Land Rural
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Plan Area Not applicable
Overlays • Agricultural Land Overlay
• Biodiversity Overlay
• Riparian Buffer Overlay
o Riparian Buffer Area
o Waterways
• Bushfire Hazard Overlay
o High Potential Bushfire Intensity
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
The download may take up to a minute.
Full text of the other 9 pages
Page 2
o Medium Potential Bushfire Intensity
o Potential Impact Buffer
• Flood Hazard Overlay
o Waterways
o Flooding and Inundation Extent
• Landslide Hazard Overlay
o High Hazard Area
o Moderate Hazard Area
• Regional Infrastructure Overlay
o Water Supply Pipeline
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment involving two
existing lots at 21 and 35 Rules Road POMONA. The subject land is formally described as Lot 2
RP 35094 and Lot 6 RP 848414.
The proposal is for a 2 into 2 lot reconfiguration and does not create any additional lots. The existing
boundary between the lots is proposed to be realigned to provide additional land around the men’s
accommodation associated with the Vipassana Centre. The proposal plan identifies proposed Lot
10 with an area of 15.92 hectares and proposed Lot 11 with an area of 22.13 hectares. No new
buildings, operational works, fencing or vegetation clearing are proposed as part of this application.
The locality and proposed layout is as follows.
Figure 1 – Locality
Page 2 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 3
Figure 2 – Proposed Realignment
The two proposed lots will continue to gain access via Rules Road and will remain large rural
allotments. The proposed boundary realignment maintains the existing land use and does not alter
the broader rural character of the site or surrounding locality. No changes are proposed to existing
services, access arrangement, built form or vegetation as part of this application.
2. SITE DETAILS
2.1. Site History
The subject site comprises two existing freehold lots at 21 and 35 Rules Road POMONA, formally
described as Lot 2 on RP35094 and Lot 6 on RP848414. The land has historically formed part of
a large rural pattern in the locality and is currently used in association with the Vipassana Centre,
including course accommodation, associated dwellings, sheds, accessways and vegetated areas.
The application material identifies the existing lots as having a combined area of approximately
38.05 hectares, with Lot 2 on RP35094 containing approximately 16.18 hectares and Lot 6 on
RP848414 containing approximately 21.87 hectares.
The current title information submitted with the application identifies Vipassana Long Course
Centre Ltd as the registered owner of Lot 2 on RP35094 and Vipassana Centre Queensland
Limited as the registered owner of Lot 6 on RP848414. The title for Lot 6 identifies existing
easement interests, including Easement P on RP210855 and Easement N on RP210856, together
with associated bulk water supply authority interests. No easements or encumbrances are
identified on the title for Lot 2.
The proposed development is limited to a boundary realignment between the two existing lots and
does not create any additional lots. The applicant advises that the purpose of the realignment is to
provide additional space around the existing men’s accommodation associated with the Vipassana
Centre.
Page 3 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 4
2.2. Site Description
The subject site is located on the eastern side of Rules Road, Pomona and comprises two large
rural lots with a combined area of approximately 38.05 hectares. The land is irregular in shape and
contains established access points from Rules Road. The site is developed in association with the
Vipassana Centre, including course accommodation, dwellings, sheds and internal accessways,
with large areas retained as vegetated rural land.
The site is characterised by a rural setting, with native vegetation over much of the land and open
or modified areas associated with the existing centre use, orchard areas, access tracks and
buildings. The application material describes the land as generally sloping gently towards existing
dams, creeks and drainage features. Stormwater is directed to existing creeks and dams, and the
site is not connected to reticulated water or sewer services.
The site is affected by a number of mapped planning overlays, including biodiversity, riparian
buffer, bushfire hazard, flood hazard, landslide hazard, agricultural land and regional infrastructure
overlays. The proposed boundary realignment is confined to the existing landholdings and does
not involve new buildings, operational works, vegetation clearing or changes to access or servicing
arrangements. The physical characteristics of the site are therefore expected to remain
unchanged.
2.3. Surrounding Land Uses
The subject site is located within a rural setting on the eastern side of Rules Road POMONA. The
surrounding locality is characterised by large rural and rural residential allotments, with a mix of
vegetated land, established dwellings and rural activities.
Land to the north and east is predominantly rural in character and contains large lots with
substantial areas of vegetation and open space. Land to the south and west includes a mix of rural
and rural residential properties, generally consistent with the established settlement pattern.
The proposal will not introduce new land use, increase the number of lots, or change the existing
built form or access arrangements. As such, the development is not expected to impact the
amenity, character or land use pattern of the surrounding rural locality.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020 (20 March 2026).
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Rural Zone Code;
• Reconfiguring a Lot Code
• Works Codes;
• Biodiversity, Waterways and Wetlands Overlay Code
• Bushfire Hazard Overlay Code
The subject site is located in Pomona within the Rural zone. The proposed reconfiguration is
identified as consistent with the intent of the zone and is required to follow a code assessable
application process.
Page 4 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 5
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Reconfiguring a Lot Code
Growth Management
Acceptable Outcome AO4 of the Reconfiguring a Lot Codes seeks: PO4 With the exception
of lots intended to be used 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) Lake Entrance Boulevard, Noosaville
(iii) Lake Weyba Drive Noosaville, south of Eenie Creek Road; or
(iv) Habitat Place, Noosa Heads;
(f) in the Rural Residential zone, where within a Water Supply Buffer Area as shown
on Regional Infrastructure Overlay.
Assessment
The proposal is a boundary realignment between two existing lots and will not result in the creation
of any additional lots. The development therefore maintains the existing two-lot configuration and
does not increase rural fragmentation or development density within the Rural Zone. While
proposed Lot 10 and proposed Lot 11 will each have an area less than 100 hectares, Performance
Outcome PO4 is directed at preventing additional lots being created in the Rural Zone unless the
minimum lot size is achieved. As the application is a 2 into 2 boundary realignment only, the
proposal meets PO4.
Rearrangement of Boundaries
Acceptable Outcome AO26 of the Reconfiguring a Lot Code seeks: AO26 The rearrangement
of lot boundaries results in an improvement to the existing situation whereby the size and
dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions.
And at least one of the following is achieved:
(a) the rearrangement of lots remedies an existing boundary encroachment by a
building or structure;
(b) the rearranged lots will be made more regularly in shape;
(c) access is provided to a lot that previously had no access or 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 protection of
environmental values.
Assessment:
The proposal comprises a rearrangement of the boundary between two existing rural lots and will
not create any additional lots. The proposed lots will remain large rural allotments, with proposed
Lot 10 having an area of 15.92 hectares and proposed Lot 11 having an area of 22.13 hectares.
While the proposed lots do not achieve the minimum lot size of 100 hectares for the Rural zone,
the proposal improves the use of Lot 11 as it better accommodates the existing men’s
accommodation associated with the Vipassana Centre.
Page 5 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 6
The boundary realignment provides additional usable area around the existing accommodation
building. The proposal does not involve any new buildings, operational works, vegetation clearing
or changes to access arrangements. Both lots will continue to gain access from Rules Road, and
the existing rural use and character of the subject sites will be maintained.
The proposal is satisfactory to the intent of AO26 as the boundary realignment results in improved
lot configuration without creating additional lots, increasing development density or causing
adverse impacts on surround rural land uses, environmental values or infrastructure arrangements.
Biodiversity, Waterways and Wetlands Overlay Code
Reconfiguring a Lot
Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands Overlay Code
seeks: AO2 where clearing vegetation for the purpose of Reconfiguring a Lot:
(a) new boundaries to lots do not transects and fragment existing native vegetation;
(b) new lots are created to allow for suitable building envelopes for future buildings and
works to be located within existing cleared areas or areas of low ecological value;
(c) building envelopes are designated for each lot; and
(d) ecological linkages and ecologically important areas are secured by environmental
covenant or transferred to public ownership or through gazettal of a nature reserve
Assessment
The subjects lots are identified with being located in Areas of Biodiversity Significance. The
following figure identifies the extent of the overlay mapping.
Figure 3 – Area of Biodiversity Significance Overlay Mapping
The proposal encompasses a boundary realignment between two existing lots and does not involve
vegetation clearing for the purpose of reconfiguring a lot. No additional lots are proposed, no new
building envelopes are required, and the existing use of the land will remain unchanged.
The proposed boundary realignment is not expected to fragment native vegetation or adversely
impact ecological linkages, waterways, riparian areas or other environmental values. The
application material confirms that no vegetation clearing, fencing, operational works or new
buildings are proposed as part of the development. The realignment is therefore limited to a
cadastral change and will not result in physical disturbance to areas of biodiversity or waterway
value.
Page 6 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 7
While the site is affected by the Biodiversity Overlay (refer to figure 3), the proposal maintains the
existing rural and vegetated character of the land and does not introduce additional development
pressure. The existing large lot configuration will be retained, and both lots will continue to operate
in their current form.
On this basis, the proposed boundary realignment satisfies the intent of AO2, as the proposal does
not result in clearing, fragmentation of native vegetation or disruption to ecological linkages.
Bushfire Hazard Overlay Code
Safety of People and Property
Acceptable Outcome AO1.2 of the Bushfire Hazard Overlay Code seeks: AO1.2 Development
maximises setbacks from hazardous vegetation to achieve an acceptable risk.
Assessment
The subject site is impacted by the Bushfire Hazard Overlay, including areas mapped as high and
medium potential bushfire intensity and potential impact buffer. The overlay applies to parts of the
sites due to the location of significant vegetation. See Figure 4 for reference.
Figure 4 – Area of Bushfire Hazard Overlay Mapping
The proposal is limited to a boundary realignment between two existing lots and does not involve
the development of any additional lots, new buildings or intensification of the existing land use. No
operational works, vegetation clearing, fencing or changes to access are proposed as part of the
application.
As no new buildings or structures are proposed, the development will not introduce additional
people, habitable buildings or vulnerable uses into areas of bushfire hazard. The existing bult form,
access arrangements and separation distances from hazardous vegetation will remain unchanged.
The proposed realignment will therefore not increase bushfire risk beyond the existing situation.
The proposal satisfies AO1.2, as the development does not reduce setbacks to hazardous
vegetation, does not increase exposure to bushfire hazard and does not impact the ability of the
existing lots to manage bushfire risk.
Page 7 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 8
Impacts on Ecologically Important Areas
Acceptable Outcome AO2 of the Bushfire Hazard Overlay Codes seeks: PO2 Bushfire
mitigation measures do not adversely impact on:
(a) biodiversity values, connectivity and ecosystem functioning; and
(b) the long term physical integrity of waterways, wetland and areas of native
vegetation.
Assessment
The proposed boundary realignment does not include any bushfire mitigation work, vegetation
clearing, asset protection zone expansion, new firebreaks, or changes to existing access
arrangements. The application does not introduce any new buildings, additional lots, or an
intensification of the land use within the bushfire hazard area. Importantly, no boundary fencing is
proposed and the existing shared boundary runs through established vegetation, with exempt
clearing provisions applying to boundary fences, we note that no boundary fence is proposed,
avoiding vegetation loss.
No physical works are proposed therefore; the development will not require the removal of native
vegetation for bushfire management purposes. The existing waterways, vegetated areas and
ecological linkages across the site remain unchanged. The boundary realignment is cadastral in
nature and will not alter the physical integrity of native vegetation.
The proposal satisfies PO2 as it does involve bushfire mitigation that would adversely impact
biodiversity values, ecological connectivity, ecosystem functioning, or native vegetation.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL26/0021 for a Reconfiguring a Lot - Boundary Realignment
situated at 21 Rules Rd Pomona Qld 4568 35 Rules Rd Pomona Qld 4568 and described as Lot 2
RP 35094, Lot 6 RP 848414, it is recommended the application be approved in accordance with
the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL26/0021
Street address: 21 Rules Rd Pomona Qld 4568 & 35 Rules Rd Pomona Qld 4568
Real property description: Lot 2 RP 35094 & Lot 6 RP 848414
Planning Scheme: Noosa Plan 2020 (20 March 2026)
Page 8 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 9
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Reconfiguring a Lot - Boundary Realignment
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 31 July 2030, unless
an application to extend the currency period is approved by Council.
Approved Plans
3. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
4245 ROL-A - Subdivision Proposal Plan prepared by 29/05/2026
Eagle Surveys
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Boundary Encroachments
5. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. all utility services and connections (e.g. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement
b. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
Not applicable
8. PROPERTY NOTES
Not applicable.
Page 9 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026
Page 10
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Page 10 of 10
Document Set ID: 25010626
Version: 3, Version Date: 31/07/2026