Delegated Report - Code - Planning RAL20 0001

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0001
Applicant	Frank Sidney Hiscock Sandra Kay Hiscock
Proposal	Reconfiguring A Lot - Boundary Realignment
Properly Made Date	30 January 2020
Information Request Date	Not required
Information Response Date	Not required
Decision Due Date	21 April 2020
Report Completed Date	9 April 2020

PROPERTY DETAILS
Property Address	174 Blueberry Dr Black Mountain 178 Blueberry Dr Black Mountain
RP Description	Lot 231 SP 115740 Lot 230 SP 115740
Land Area	174 Blueberry Dr - Lot 231 SP 115740 5,326m² 178 Blueberry Dr - Lot 230 SP 115740 5,871m²
Existing Use of Land	174 Blueberry Dr - Lot 231 SP 115740 Detached House and associated outbuildings 178 Blueberry Dr - Lot 230 SP 115740 Detached House

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Locality	Cooroy & Lake Macdonald
Zone	Rural Settlement
Overlays	Biodiversity (Environmental Protection Area) Natural Hazard (Slide Hazard)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring A Lot - Boundary Realignment. The applicant proposes the following:
It is intended to realign the common boundaries of the subject 2 lots as shown on the Plan of Proposed Reconfiguration (figures 2 & 3). The proposed new boundaries delete the encroachments and generally re-locate the boundary to be 0.5 metres off the wall of the sheds. The existing accesses and services are not affected by the reconfiguration. The proposal includes the transfer of 31m2 from Lot 230 to Lot 231. The realignment has no impact upon the adjoining properties.
The locality and proposal plan is included below.

Figure 1 – Locality Plan

Figure 2 – Proposal Plan

Figure 3 – Proposal Plan
site details
Background
The subject lots were originally surveyed circa 1999.
Site Description
The subject sites are known as 174 and 178 Blueberry Dr Black Mountain, described as Lot 231 SP 115740 & Lot 230 SP 115740 (respectively). The lots are currently 5,326m² and 5,871m² in area (respectively).
Both lots are within the Rural Settlement Zone of the Cooroy & Lake Macdonald Locality under the planning scheme and Rural Living Area under the SEQ Regional Plan 2017.
Both lots contain an existing detached house. Lot 231 contains associated outbuildings (Garages/Sheds and Carport).
Surrounding Land Uses
The subject site is surrounded predominantly by residential uses within the Rural Settlement Zone.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Cooroy & Lake Macdonald Locality
Reconfiguring a Lot Code
Landscaping Code
Engineering Works Code
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural Settlement. The proposal is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 2ha	Existing Lot 231 - 5,326m² Lot 230 - 5,871m² Proposed Lot 231 – 5,357m² Lot 230 – 5,840m² No additional lots proposed	X X X X

Boundary Realignment
A preliminary building approval (2009/1231) was issued on 24 September 2009 for a siting variation for two garages and one carport within the 6 metre side boundary setbacks of Lot 231 (figure 4).

Figure 4 – Preliminary Building Approval Plan (Lot 231)
Condition 2 relates to the garage (existing shed structure) adjoining the southern boundary of Lot 231, the subject boundary of this application, as follows:
2.	The garage is to be constructed with a 0.5m setback from the outer most projection to the southern side boundary on this allotment.
The existing shed structure was constructed unlawfully and contrary to the approval, overhanging the existing southern boundary by 0.46 metres at the greatest point (figure 5).

Figure 5 – Existing Boundary-Garage/Shed Overhang
With regards to the preliminary building approval (2009/1231), the proposed boundary realignment generally rectifies the existing non-compliance resulting the existing southern garage (shed structure) on Lot 231 to be setback generally 0.5 metres from the new common property boundary, except for the ‘nib wall’ structure which is setback only 0.27 metres from the boundary. The ‘nib wall’ structure is existing and both of the property owners have provided consent within this application. Overall, the proposed boundary realignment results in the existing shed structure generally in compliance with the relaxed southern boundary setback of 0.5 metres and a site layout that is considered generally in accordance with that approval.
With regards to the minimum allotment area of 2ha for the Rural Settlement Zone, the existing lots are already well under size. The proposed boundary realignment results in a transfer of 31m2 of land from Lot 230 to Lot 231. The proposed boundary realignment will result in a generally unrecognisable change from the perspective of the streetscape and surrounding spaces and will not impact the amenity of the area. Both property owners of the subject lots and subject common boundary have provided their consent within the application.
draft planning scheme
The draft planning scheme specifies a minimum lot size of 1.5ha for the Rural Residential Zone, reduced from 2ha for the Rural Settlement Zone under the current planning scheme.
With regards to the subject proposal, the draft planning scheme is generally consistent with the current planning scheme.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Nil
conclusion & reasons for decision
The proposed boundary realignment generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL20/0001 for a Reconfiguring A Lot - Boundary Realignment situated at 174 Blueberry Dr Black Mountain Qld 4563 & 178 Blueberry Dr Black Mountain Qld 4563 and described as Lot 231 SP 115740 & Lot 230 SP 115740, it is recommended the application be in accordance with the following details for the Decision Notice:
application details
Application No:	RAL20/0001
Street address:	174 Blueberry Dr Black Mountain 178 Blueberry Dr Black Mountain
Real property description:	Lot 231 SP 115740 Lot 230 SP 115740
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring A Lot - Boundary Realignment
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Plan 1 of 1 19-4893AB	-	Plan of Proposed Reconfiguration of Lot 230 & 231 on SP115740, prepared by Max Watterson + Associates	28-01-2020
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 10 April 2024, unless an application to extend the currency period is approved by Council.
Boundary Encroachments
Certification must be submitted to Council from a Licensed Surveyor which certifies that:
the setback/s to the new boundary for any existing buildings on the site comply the relevant provisions of the planning scheme and the Building Act 1975, unless varied by this Decision Notice and/or existing approvals
all utility services and connections (eg. electricity, telecommunications, water, sewerage) are wholly located within the lot they serve or alternatively included within an easement
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
all dams (including ponded water, dam walls and associated spillway structures) are wholly located within the boundaries of a single lot
all retaining walls and structures are fully contained within the lot they retain
any fill, including fill batters, are wholly contained within the subject site and not on adjacent properties
referral agencies
Not applicable.
Advisory notes
Not applicable.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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