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210224_Town Planning Application
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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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
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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
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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
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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):
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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
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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
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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