Delegated Report - Code - Planning RAL22 0006 · RAL22/0006

Author: 	Wilhelm Koschade - Consulting Planner
Patrick Murphy - Coordinator Planning
Development Assessment
APPLICATION DETAILS
Application No.	RAL22/0006
Applicant	Robert L Clem
Proposal	Reconfiguring a Lot - Rural
Properly Made Date	11 March 2022
Information Request Date	8 April 2022
Information Response Date	17 June 2022
Decision Due Date	11 October 2022
Report Completed Date	11 October 2022
Report Reviewed By	Kerri Coyle Manager Development Assessment

PROPERTY DETAILS
Property Address	74 Pender Creek Rd Kin Kin Qld 4571
RP Description	Lot 134 MCH 181
Land Area	56.2ha
Existing Use of Land	Rural pursuits

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural Zone
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Biodiversity, waterways and wetlands overlay code Bushfire hazard overlay code Landslide hazard overlay code Agricultural land overlay code
Assessment Type	Code
PROPOSAL
The application seeks approval for a Development Permit for a Reconfiguration of a Lot by Rural Subdivision via Vinculum (1 Lot into 2 Lots) involving land described as Lot 134 on MCH181.
The application proposes vegetation covenant areas over portions of the mapped riparian buffer areas in the western half of proposed Lot 1 and on the eastern side of proposed Lot 2 (over areas of connectivity with ecological areas on adjoining lots).
The proposed lots do not meet a minimum lot size of 100ha, however, the applicant suggests that due to the nature of the existing site layout, with Pender Creek Road traversing the site and separating the eastern portion from the balance allotment, the proposed subdivision is considered suitable in this instance as it does not result in fragmentation of rural land (given it is already fragmented by the road formation).
With specific reference to Proposed Lot 1, the unconstrained open area over the northern portion of the site presents numerous opportunities to establish a dwelling house, effluent disposal area and vehicular access. Accordingly, the applicant provides a building envelope area identified on the plan of development.

The applicant suggests that the proposed development is representative of a logical vinculum subdivision that remains consistent with the character & amenity of the Rural Zone.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan A

Figure 3 – Site Plan B

Figure 4 – Zoning Map
site details
Site Description
The subject site is irregular in shape and comprises an area of 47.93ha of varying topography. It is noted that the subject site is encumbered by any easement in favour of a third party which provides access to the adjoining Woondum National Park.

The site contains various waterways and riparian vegetation.

The western portion of the subject site comprises road frontage to Pender Creek Road on the eastern boundary and is accessed via an existing driveway crossover on this frontage. The eastern portion of the site comprises road frontage to Pender Creek Road along the western and northern boundaries and Strattons Road along the eastern boundary.
Surrounding Land Uses
Adjoining allotments to the north, east and south are likewise included within the Rural Zone, with the adjoining lot to the west included in the Environmental Management and Conservation Zone. Land further to the east in the Kin Kin Village comprises Low Density Residential, Community Facilities, Environmental Management and Conservation, Recreation and Open Space and Local Centre Zoning.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring a Lot Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code
Bushfire Hazard Overlay Code
Landslide Hazard Area Overlay Code
The subject site is located in Kin Kin and is zoned Rural. 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:
Reconfiguring a Lot Code
As outlined in Section 4.1.1 of this report, it is acknowledged that the Proposed Lots do not achieve the minimum lot area for newly created lots in the Rural Zone.

PO22 of the Reconfiguring a Lot Code stipulates: “In the Rural Zone, one lot may be divided into two lots less than 100 hectares in area where there is a compliance with the Southeast 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.”

It is considered that the proposed development complies with the South East Queensland Regional Plan and therefore PO22. This is based on the following grounds:

The subdivision divides 1 lot into 2 lots;
The divided lot is severed by a road that was gazetted before 2 March 2006;
The road forms the whole of the boundary between the lots.
The created lots are not unreasonably constrained and still allow for the establishment of a dwelling and with associated structures and services.

It is noted that the proposed building envelope for Lot 1 would include a substantial area which is subject to environmental and landslide hazard constrains. It is recommended that plan amendments be conditioned as part of the approval such that the location of the envelope be amended and reindorsed to Council’s satisfaction. There remains a substantial portion of lot that is unconstrained and suitable for building (refer to insert below – location shown in red).

Biodiversity, Waterways and Wetlands Overlay Code
Acceptable Outcome AO2 of the code requires that vegetation clearing for the purpose of a reconfiguration of a lot achieves the following:
new boundaries to lots do not transect and fragment existing native vegetation;
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;
building envelopes are designated for each lot; and
ecological linkages and ecologically important areas are secured by environmental covenant or transferred to public ownership or through gazettal of a nature reserve.
It is considered that the proposed subdivision demonstrates compliance with AO2 based on the following grounds:
The alignment of the proposed subdivision follows the perimeter of existing external lot boundaries and also the alignment of the Pender Road road corridor. No new boundaries are located that intersect significant vegetation or waterways.

Suitable building envelopes can be provided for proposed lot 1 which remains vacant. The envelope will be conditioned such that a suitable area is provided that remains wholly outside of constrained areas. Lot 2 does not require an envelope as it has already been developed.

The proposed covenant follows the alignment of ecological corridors and captures land within the site that is identified as riparian buffer. Comments from Council’s environmental officer are provided below:

“The proposal is suitable as it is still within a mapped waterway and riparian buffer so will provide protection and enhancements. The lot that will be subdivided off will have the most impacts in the future with potential building and has the largest amount of covenant/rehabilitation which addresses those concerns.”

Bushfire Hazard Overlay Code
Acceptable Outcome AO1 of the Bushfire Hazard Overlay Code requires that development which will materially increase the number of people living or congregating on premises, including reconfiguring a lot, is not located within a medium or high bushfire hazard area.
Although proposed lot 1 contains land located within a medium bushfire hazard, the location of the conditioned envelope is located within a buffer area, wholly outside of a medium and high bushfire hazard.
The applicant has also provided a Bushfire Hazard Assessment prepared by Equilibrium Ecology which provides the following findings:
“The Local Hazard Map has identified that the proposed development and majority of the surrounding landscape is located within a Low Potential Bushfire Intensity Area. As per the specifications of the State Planning Policy, if a site-specific bushfire hazard assessment results in the site being contained within a Low Hazard Area, no further action is required as the provisions of the Bushfire Hazard Overlay do not apply.”

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer
Environment Officer
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 RAL22/0006 for a Reconfiguring a Lot - Rural situated at 74 Pender Creek Rd Kin Kin Qld 4571 and described as Lot 134 MCH 181, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL22/0006
Street address:	74 Pender Creek Rd Kin Kin Qld 4571
Real property description:	Lot 134 MCH 181
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Rural
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
-	B	Proposed Subdivision of Lot 134 on MCH181 Prepared by Murray & Associates	29/08/22

Plan Amendments
The below Plan of Development is required to be amended and resubmitted to Council for endorsement.

Plan No.	Rev.	Plan/Document Name	Date	Amendments
-	B	Proposed Subdivision of Lot 134 on MCH181 Prepared by Murray & Associates	29/08/22	Amend Plan such that Lot 1 building envelope: 1. Complies with the    setback requirements within the Noosa Plan 2020; and 2.    Is located wholly outside all area located within Biodiversity and Landslide Hazard Overlay.

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.
Plan of Development
All future dwellings on Lot 1 must be sited and constructed in accordance with the approved building envelope shown on the Approved Plans. A copy of the approved Plan of Development must be included in the contract of sale for Lot 1, together with a clause which requires future dwellings to be constructed in accordance with it.
The applicant must prepare a metes and bounds building envelopes plan indicating House site areas and effluent disposal areas for proposed lot 1. The plans must be submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit the plans to Council for approval prior to the endorsement of the Plan of Survey.
Currency Period
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 11 October 2026, unless an application to extend the currency period is approved by Council.

ENGINEERING
Property Access and Driveways
A residential driveway must be constructed to Lot 1. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a sealed driveway crossover generally in accordance with Noosa Council’s Standard Drawing RS-056 and any associated addendum; and
certification by suitably qualified person (RPEQ – Registered Professional Engineer of Queensland)
The residential driveway to Lot 1 must be constructed to ensure that maximum sight distances can be achieved. The works must be undertaken in accordance with an Operational Works approval and generally in accordance with Noosa Council’s Standard Drawing RS-056. The location of the driveway must be as shown on the Approved Plans.
Vehicle access to Lots 1 & 2 is limited to the constructed driveway only.  A clause must be included in the contract of sale for Lots 1 & 2 which requires vehicle access to be from the constructed driveway only, and which prohibits the driveway from being relocated without Council agreement.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with an approval for Operational Works and the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
ENVIRONMENT
Land Rehabilitation
A vegetation protection covenant must be registered against the titles of both properties over the proposed covenant area identified on the approved plans of development pursuant to Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title. The covenant document must:
Incorporate the requirements of this Decision Notice;
Include Noosa Shire Council as Covenantee; and
Reference Queensland Land Title Registry Standard Terms Document No. 715597513.
Works within Protected Land
The following works must be undertaken within the covenant area in accordance with the Revegetation Concept Plan, prepared by 28 South Environment and dated 2 November 2021 prior to the submission of the sealing of the survey plan:
a.   Control of pest plants as listed in Planning Scheme Policy 2 Landscaping
and Council's Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3,
Schedule 2 and Non-scheduled invasive species; and
Removal of any structures, debris or materials foreign to a natural environment.
Rehabilitation and restoration, to achieve the equivalent floristic composition of a similar undisturbed regional ecosystem.
The planting of canopy species with local provenance in Regional Ecosystem 12.3.14a, including threatened Eucalyptus conglomerate. The trees must be planted at a ratio of 1 tree per every 10m2.
Fencing to Protected Land
A permanent fence must be constructed along the entire length of the eastern alignment of the covenant area to restrict access by stock in to the covenant area.
The fence must include AS sized signage with the wording "Vegetation Protection Area - No domestic animals" every 15m, durable, weather resistant and be visually complementary to the natural environment.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
PLANNING
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Resubmission of Amended Plans Required
The conditions of this Decision Notice require resubmission of plan to Council with amendments. Please address the amended plan/s to Council’s Development Assessment Branch with the Reference No. RAL22/0006, separate to any Operational Works application. To avoid delays and assessment issues with the Operational Works application, it is recommended the plan/s be resubmitted prior to lodgement of any Operational Works application. However, should the plan not be submitted, the applicant is advised that a Preliminary Approval may be issued in lieu of a Development Permit.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Qualified Person
For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability for the development, a qualified person is considered to be a person who:
is a Registered Professional Engineer of Queensland (RPEQ); and
has a degree in civil engineering or engineering geology; and
has a minimum of 5 years experience in the field of geotechnical engineering or engineering geology.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Access & Driveways
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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