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Development Permit for Reconfiguration of Lots by
 Boundary Realignment (3 Lots into 3 Lots) and the
           Establishment of an Access Easement
                                                       LOCATED AT
              4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565

               APPLICANTS: Kathy Gould and Bob and Marina Gould
                                               DATE: April 2021
                                      REFERENCE NO.: 210224
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Page 2

DOCUMENT INFORMATION
Prepared For:           Kathy Gould and Bob and Marina Gould
Project Name:           4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565
B+B Reference:          210224


 Version                 Date                  Author
 Final Report            April 2021            Danya Cook, Principal Town Planner




www.bennettandbennett.com.au                                    210224_Town Planning Application | April 2021   2

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CONTENTS
DOCUMENT INFORMATION ...................................................................................................................... 2
1. Executive Summary .............................................................................................................................. 5
    1.1 Site and Application Details ............................................................................................................. 6
2. Site Characteristics ............................................................................................................................... 7
    2.1    Location of the Subject Site ............................................................................................................. 7
    2.2    Zoning Designation and Surrounding Land Uses ............................................................................ 7
    2.3    Current Registered Landowners ...................................................................................................... 9
    2.4    Dimensions, Easements, Shape and Topography .......................................................................... 9
    2.5    Existing Built Form ........................................................................................................................... 9
    2.6    Access and Services........................................................................................................................ 9
3. Proposed Development ...................................................................................................................... 11
    3.1 Proposed Development Overview ................................................................................................. 11
    3.2 Proposed Access Arrangements ................................................................................................... 12
    3.3 Services ......................................................................................................................................... 12
4. Local Planning ..................................................................................................................................... 14
    4.1    Planning Scheme ........................................................................................................................... 14
    4.2    Level of Assessment ...................................................................................................................... 14
    4.3    Assessment Benchmarks (Codes) ................................................................................................ 14
    4.4    Overlays ......................................................................................................................................... 14
5. State Planning ...................................................................................................................................... 17
    5.1 South East Queensland (SEQ) Regional Plan 2017 ..................................................................... 17
    5.2 State Planning Policy ..................................................................................................................... 17
    5.3 Planning Regulation 2017 .............................................................................................................. 18
6. Conclusion ........................................................................................................................................... 19




www.bennettandbennett.com.au                                                                         210224_Town Planning Application | April 2021                 3

Page 4

List of Figures
Figure 1 – Locality Map (Image: Whereis, Sourced April 2021) .................................................................. 7
Figure 2 - Extract of Zone Map ZM11 – Tewantin ......................................................................................... 8




Appendices
Appendix A – Current Title Searches
Appendix B – Survey Plans and SmartMap
Appendix C – Plan of Development
Appendix D – Code Assessment




www.bennettandbennett.com.au                                                         210224_Town Planning Application | April 2021      4

Page 5

1. EXECUTIVE SUMMARY


Bennett + Bennett have been engaged by the applicants, Kathy Gould and Bob and Marina Gould, to prepare
an application for a Development Permit for Reconfiguration of Lots by Boundary Realignment (3 Lots into 3
Lots) and the Establishment of an Access Easement on land described as Lot 4 on RP72903, Lot 4 on
RP77225 and Lot 2 on RP72903, situated at 4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565.


The intent of the proposed development seeks to better reconfigure the subject titles to settle a deceased
estate.


The Current Registered Landowners of Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903, being
Kathryn Ann Maree Gould and Robert David Gould (refer to the Current Title Searches included at Appendix
A), have provided written consent to the proposed development (Planning Act 2016), which accompanies this
application. Also accompanying this application is completed DA Form 1 – Development Application Details
(as attached).


The site is included within the Low Density Residential Zone, in accordance with Zone Map ZM11 – Tewantin
of the Noosa Plan 2020.


This application comprises an overview of the subject site and the proposed development and provides an
assessment of the proposal in relation to the applicable local planning provisions, being the Noosa Plan 2020.


Based on the town planning assessment undertaken in relation to the proposed Reconfiguration of Lots, this
Planning Report concludes that the development complies with the intent of the Low Density Residential Zone.
Accordingly, the proposed development is recommended for approval by Noosa Council subject to reasonable
and relevant conditions.




www.bennettandbennett.com.au                                        210224_Town Planning Application | April 2021   5

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1.1     Site and Application Details


 Development Application Details
 Site Address                  4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565
 Real Property Description     Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903
 Site Area                     Lot 4 on RP72903 – 756m2
                               Lot 4 on RP77225 – 1098m2
                               Lot 2 on RP72903 – 756m2
                               TOTAL AREA = 2610m2
 Existing Land Use             Lot 4 on RP72903 and Lot 4 on RP77225 - Dwelling House and Domestic
                               Outbuilding (Shed)
                               Lot 2 on RP72903 - Dwelling House and Swimming Pool
 Planning Scheme               Noosa Plan 2020
 Zone Map                      Zone Map ZM11 – Tewantin
 Zone                          Low Density Residential Zone
 Overlays                      •   Acid Sulphate Soils Overlay: - Area 1, Above 5m AHD to 20m AHD and
                                   Area 2, 5m AHD or Below.
                               • Flood Hazard Overlay: - Flooding and Inundation Extent.
                               • Landslide Hazard Overlay: - Moderate Hazard Area.
 Development Type              Development Permit for Reconfiguration of Lots by Boundary Realignment
                               (3 Lots into 3 Lots) and the Establishment of an Access Easement
 Category of Development       Assessable Development
 Category of Assessment        Code Assessment
 Referrals                     Not Applicable
 Landowners                    Kathryn Ann Maree Gould and Robert David Gould
 Applicants                    Kathy Gould and Bob and Marina Gould
 Town Planning and             Danya Cook, Principal Town Planner, Bennett + Bennett
 Surveying Consultant          E: [email protected]
                               M: 0422 051 263
                               P: 3 / 7 Golf Street, Maroochydore QLD 4558




www.bennettandbennett.com.au                                   210224_Town Planning Application | April 2021   6

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2. SITE CHARACTERISTICS

2.1      Location of the Subject Site

The subject site is described as Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903, situated at 4 –
6 Hay Street and 51 Ward Street, Tewantin QLD 4565 and is located approximately one (1) kilometre to the
main street of Tewantin. Refer to Figure 1, which provides a Locality Map of the subject site and immediate
surrounding area.




                                                                                          Subject Site


Figure 1 – Locality Map (Image: Whereis, Sourced April 2021)



2.2      Zoning Designation and Surrounding Land Uses

The subject site is included within the Low Density Residential Zone in accordance with Zone Map ZM11 –
Tewantin of the Noosa Plan 2020. An extract of Zone Map ZM11 – Tewantin is provided at Figure 2, identifying
the site in relation to surrounding land uses.


The site is located within close proximity to the amenities and services afforded by Tewantin, including (but
not limited to):




www.bennettandbennett.com.au                                       210224_Town Planning Application | April 2021   7

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    •    Tewantin Cemetery
    •    Tewantin Sports Grounds
    •    Tewantin Boat Ramp
    •    Noosa Marina
    •    Noosa Regional Gallery
    •    Woolworths
    •    Noosa Council
    •    Department of Transport and Main Roads
    •    Tewantin Noosa RSL
    •    Tewantin State School
    •    Shell Service Station
    •    Cafes and Specialty Stores




                                                                                 Subject Site

Figure 2 - Extract of Zone Map ZM11 – Tewantin




www.bennettandbennett.com.au                      210224_Town Planning Application | April 2021   8

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2.3       Current Registered Landowners

The Current Registered Landowners of Lot 4 on RP72903, Lot 4 on RP77225 and Lot 2 on RP72903 are
Kathryn Ann Maree Gould and Robert David Gould, as confirmed by the Current Title Searches included at
Appendix A.




2.4       Dimensions, Easements, Shape and Topography

The subject site comprises relatively flat level land, featuring a slight fall to the east. The site is regular in
shape, featuring a total combined area of 2610m2; for complete site dimensions refer to the Survey Plans and
SmartMap included at Appendix B.


Furthermore, as noted by the Current Title Searches (Appendix A) and Survey Plans and SmartMap
(Appendix B), the subject site is not encumbered by any easement in favour of a third party or distribution
entity.




2.5       Existing Built Form

Lot 4 on RP72903 and Lot 4 on RP77225 features a three (3) Bedroom Dwelling House and Domestic
Outbuilding (Shed), whilst Lot 2 on RP72903 features a four (4) Bedroom Double Storey Dwelling House and
Swimming Pool.


The Plan of Development, as prepared by Bennett + Bennett included at Appendix C, depicts the location of
existing on-site structures and improvements.


It is noted that the Dwelling House and Shed will be removed from Lot 4 on RP72903 and Lot 4 on RP77225
to facilitate the proposed reconfiguration.




2.6       Access and Services

The site features road frontage to Hay Street to the east and Ward Street to the west; both of which are
established to an urban sealed standard, noting that Hay Street does not feature kerb and channel, however,
Ward Street does. It is important to note that the Hay Street seal terminates at the site’s north eastern corner,
where the driveway enters the site.



www.bennettandbennett.com.au                                          210224_Town Planning Application | April 2021   9

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As Lot 4 on RP72903 and Lot 4 on RP77225 currently function as one lot, these two titles share the same
driveway, whilst Lot 2 on RP72903 features a driveway crossover direct to Ward Street.


The subject site is serviced by all essential urban infrastructure services, to include:


    •   Reticulated water supply;
    •   Reticulated sewerage infrastructure;
    •   Reticulated electricity; and
    •   Reticulated telecommunications.


Furthermore, it is noted that a sewer line currently traverses through the rear of Lot 4 on RP77225 and Lot 2
on RP72903; the location of which is depicted on the Plan of Development (Appendix C).




www.bennettandbennett.com.au                                          210224_Town Planning Application | April 2021   10

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3. PROPOSED DEVELOPMENT

3.1      Proposed Development Overview

This application seeks approval for a Development Permit for Reconfiguration of Lots by Boundary
Realignment (3 Lots into 3 Lots) and the Establishment of an Access Easement on land described as Lot 4 on
RP72903, Lot 4 on RP77225 and Lot 2 on RP72903, situated at 4 – 6 Hay Street and 51 Ward Street, Tewantin
QLD 4565.


The intent of the proposed development seeks to reconfigure the subject titles to settle a deceased estate, to
allow Kathy and Bob, being the estate beneficiaries, to sell Lot 2 on RP72903 fronting Ward Street and maintain
ownership of Lot 4 on RP72903 and Lot 4 on RP77225 fronting Hay Street.


The reconfiguration of land will occur in accordance with the Plan of Development prepared by Bennett +
Bennett included at Appendix C.


As demonstrated by the Plan of Development (Appendix C), the design of the proposed reconfiguration
complies with Table 9.5.1.4 Minimum Lot Size of the Reconfiguring a Lot Code, by ensuring each proposed
lot complies with the minimum lot size requirement applicable to the Low Density Residential Zone, being
600m2.


A summary of the proposed lots is included below:


 Proposed Lot Description         Proposed Lot Areas             Proposed Lot Frontages
 Proposed Lot 401                                                22.98m, including 4.5m Shared Access
                                  1066m2
                                                                 Easement
 Proposed Lot 402                 856m2                          18.44m + 4.5m Shared Access Easement
 Proposed Lot 201                 694m2                          17.75m




Proposed Lot 401 and Lot 402 have been reconfigured to comprise equal building areas, when the area of the
easements is subtracted. This is to ensure equal distribution of the deceased estate, granting Kathy and Bob
as the estate beneficiaries, equal areas to each built a Dwelling House.


The Dwelling House contained at Lot 4 on RP72903 and Lot 4 on RP77225, which currently encroaches over
both titles, will be removed from the site, together with the Shed to facilitate the proposed reconfiguration of
lots.



www.bennettandbennett.com.au                                        210224_Town Planning Application | April 2021   11

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It is noted that proposed Lot 201 will be sold; Lot 2 on RP72903 being reconfigured to grant additional area to
the lots fronting Hay Street to facilitate equal distribution of the estate.




3.2       Proposed Access Arrangements

All proposed lots feature frontage to a gazetted road, being Hay Street and Ward Street.


A shared easement arrangement secures access for proposed Lot 401 and Lot 402 (refer to the Plan of
Development included at Appendix C), as the Hay Street bitumen seal terminates at the site’s north eastern
corner and does not extend along the full frontage of the site. It is important to note that the proposed shared
access arrangement has been formulated to ensure amenity is upheld following approval of the proposed
boundary realignment, as currently, the southern unconstructed section of Hay Street is utilised by the
adjoining Recreation and Open Space Zone, with many locals walking with their children, dogs, etc. through
this area.


It should be further noted that the proposed shared access arrangement follows a similar alignment to that of
the existing access driveway currently servicing Lot 4 on RP72903 and Lot 4 on RP77225, which also assists
in maintaining the current level of amenity in relation to the adjoining park.


Furthermore, proposed Lot 201 maintains its current access to Ward Street; access to this lot is not altered or
impacted to facilitate the proposed reconfiguration of lots.




3.3       Services

Each proposed lot will be serviced by standard urban infrastructure services, to include:


      •   Reticulated water supply;
      •   Reticulated sewerage infrastructure;
      •   Reticulated electricity; and
      •   Reticulated telecommunications.


Reticulated electricity and telecommunication services will be provided to each lot in accordance with the
standards and requirements of the relevant service provider.




www.bennettandbennett.com.au                                            210224_Town Planning Application | April 2021   12

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Each Dwelling House will be connected to Unitywater’s reticulated water supply and sewerage infrastructure.
In this regard it is noted that the existing sewer line traversing through the site will be secured within a 3m wide
easement, as demonstrated by the Plan of Development included at Appendix C.


Furthermore, stormwater will be diverted to a lawful point of discharge, being the kerb and channel at Ward
Street relevant to proposed Lot 201 (current stormwater drainage infrastructure associated with this lot will not
be altered or impacted) and the Hay Street road reserve relevant to proposed Lot 401 and Lot 402.




www.bennettandbennett.com.au                                          210224_Town Planning Application | April 2021   13

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4. LOCAL PLANNING

4.1       Planning Scheme

In accordance with the Noosa Plan 2020 the site is included within the Low Density Residential Zone of
Tewantin. An assessment of the applicable provisions of the Noosa Plan 2020 is provided below.




4.2       Level of Assessment

In accordance with Part 5 Tables of Assessment, Section 5.6 Categories of Development and Assessment
Reconfiguring a Lot, Table 5.6.1 Reconfiguring a Lot of the Noosa Plan 2020, Reconfiguring a Lot is Code
Assessable.




4.3       Assessment Benchmarks (Codes)

In accordance with Part 5 Tables of Assessment, Section 5.6 Categories of Development and Assessment
Reconfiguring a Lot, Table 5.6.1 Reconfiguring a Lot of the Noosa Plan 2020, the following Codes are
applicable to a development of this nature:


      •   Tewantin Local Plan Code;
      •   Low Density Residential Zone Code;
      •   Reconfiguring a Lot Code; and
      •   Works Code.


Due to the simple straightforward nature of the proposed development, it is considered that the Reconfiguring
a Lot Code is relevant. Accordingly, Bennett + Bennett have undertaken an assessment of this code, included
at Appendix D.




4.4       Overlays

The overlays existing upon the site are described and commented on in the below table.




www.bennettandbennett.com.au                                      210224_Town Planning Application | April 2021   14

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 Acid Sulfate Soils Overlay
                               The subject site contains Acid Sulfate Soils: - Area 1,
                               Above 5m AHD to 20m AHD and Area 2, 5m AHD or
                               Below. The proposed development will ensure that
                               the release of Acid Sulfate Soils and associated metal
                               contaminants into the environment is avoided, as
                               extensive excavation is not required to facilitate the
                               proposed reconfiguration of lots. Accordingly, no
                               further assessment has been undertaken against the
                               Overlay Code.




 Flood Hazard Overlay
                               The subject site is triggered by the Flood Hazard
                               Overlay: - Flood and Inundation Extent, with the front
                               eastern portion of Lot 4 on RP72903 and Lot 4 on
                               RP77225 impacted. The siting and design of future
                               Dwelling Houses at proposed Lot 401 and Lot 402 will
                               be constructed to a compliant minimum floor level.
                               Accordingly, no further assessment has been
                               undertaken against the Overlay Code.




 Landslide Hazard Overlay




www.bennettandbennett.com.au               210224_Town Planning Application | April 2021   15

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                               The subject site is triggered by the Landslide Hazard
                               Overlay: - Moderate Hazard Area, which slightly
                               encroaches into the north eastern section of Lot 4 on
                               RP72903.      As this trigger falls within the front
                               boundary setback and is minor in nature, the
                               redevelopment of a future Dwelling House at proposed
                               Lot 401 will not be compromised by Landslide Hazard.
                               Accordingly, no further assessment has been
                               undertaken against the Overlay Code.




www.bennettandbennett.com.au               210224_Town Planning Application | April 2021   16

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5. STATE PLANNING

The Planning Regulation 2017 prescribes assessment benchmarks that an application must be assessed
against, which are additional or alternative to the benchmarks contained within local planning instruments.


The assessment benchmarks are contained within:


      •   The 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.


The SEQ Regional Plan 2017, Part E of the State Planning Policy and Schedule 10 of the Planning Regulation
2017 are addressed below.




5.1       South East Queensland (SEQ) Regional Plan 2017

The site is subject to the South East Queensland Regional Plan 2017. Under the Regional Plan, the subject
site is included within the Urban Footprint, with the proposed reconfiguration being consistent with the intent
envisaged for the Urban Footprint. Accordingly, the proposed development is determined to appropriately
progress the Regional Plan.




5.2       State Planning Policy

The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state interest
in land use planning and development. The SPP only applies to development assessment if the Planning
Scheme has not yet appropriately integrated the SPP. If there is a discrepancy between a Local Planning
Scheme and a State Planning Policy, then the State Planning Policy overrides the Planning Scheme.


The Noosa Plan 2020 appropriately reflects the SPP. Accordingly, an assessment against the SPP is not
required.




www.bennettandbennett.com.au                                          210224_Town Planning Application | April 2021   17

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5.3     Planning Regulation 2017

Following a review of the State Assessment and Referral Agency (SARA) DA Online Mapping System and
Schedule 10 of the Planning Regulation 2017, it is confirmed that an application of this nature does not require
referral to SARA.




www.bennettandbennett.com.au                                        210224_Town Planning Application | April 2021   18

Page 19

6. CONCLUSION

This Planning Report has been prepared on behalf of Kathy Gould and Bob and Marina Gould, in support of
an application for a Development Permit for Reconfiguration of Lots by Boundary Realignment (3 Lots into 3
Lots) and the Establishment of an Access Easement on land described as Lot 4 on RP72903, Lot 4 on
RP77225 and Lot 2 on RP72903, situated at 4 – 6 Hay Street and 51 Ward Street, Tewantin QLD 4565.


The intent of the application seeks to better reconfigure the land to settle a deceased estate.


The site is included within the Low Density Residential Zone, whereby the proposed development is consistent
and Code Assessable.


The proposal is considered consistent with relevant state planning provisions and demonstrates compliance
with the applicable local planning provisions.


Thus, on behalf of Kathy Gould and Bob and Marina Gould it is recommended that Council issue approval for
a Development Permit for Reconfiguration of Lots by Boundary Realignment (3 Lots into 3 Lots) and the
Establishment of an Access Easement subject to reasonable and relevant conditions.




www.bennettandbennett.com.au                                        210224_Town Planning Application | April 2021   19

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