REC16/0007 - Delegated Report

DELEGATED REPORT
PLANNING

APPLICATION FOR DEVELOPMENT APPROVAL

Application no:	REC16/0007
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade
	

SUMMARY:

APPLICATION DETAILS
Applicant:	S Zauner, IA Zauner
Proposal:	Development Permit to Reconfigure a Lot - Boundary realignment  (2 Lots into 2 Lots)
Properly Made Date:	04/05/2016
Information Request Date:	12/05/2016
Info Response Received Date:	19/05/2016
Date of Site Visit:	05/05/2016
Decision Due Date:	15/05/2016
Number of Submissions:	NA

PROPERTY DETAILS
Property Address:	183 Blanckensee Rd BLACK MOUNTAIN  QLD  4563
RP Description:	Lot 245 MCH 254 Lot 2 SP 233312
Land Area:	32330 Square Metres 650530 Square Metres
Existing Use of Land:	Rural Residential Living and Rural Activities

STATUTORY DETAILS
SEQRP Designation:	Rural and Regional Landscape
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Area / Locality:	Mary River Catchment
Planning Precinct / Zone:	Rural Zone
Assessment Type:	Code

PROPOSAL:

The application seeks approval for a Reconfiguration of a Lot for a Boundary Realignment (2 Lots into 2 Lots). The application proposes the consolidation of good quality agricultural land by relocating a centrally located boundary to create a smaller rural residential type lot and amalgamating the remainder of the land to create a larger rural lot.

The realignment will result in lot sizes as follows:
Lot 245 on MCH254 – 96.826 ha
Lot 2 on SP233312 – 5,577m2

A locality and proposal plans are included below under Figure 1, 2 and 3.

Figure 1 – Locality Plan

Figure 2 – Proposal Plan

Figure 3 – Proposed Lot Two
Site Description
Site & Locality Description
Road Frontage	Lot 245 on MCH254 – Road frontage of 1,647m to Blanckensee Road. Lot 2 on SP233312 – Road frontage of 89m to Blanckensee Road.
Existing Significant Vegetation	Established vegetation onsite is predominately mapped as Environmental Protection Areas under the Biodiversity Overlay Mapping. A Riparian Buffer Area diagonally traverses the centre of the site. Refer to Figure 4 below. Figure 4 – Biodiversity Overlay
Topography:	The subject site is characterised by numerous gullies and crowns and is generally undulating. Refer to   Figure 5 below. Figure 5– Topographical Characteristics
Surrounding Land Uses:	Surrounding land uses adjoining the subject site and within the general vicinity consists of rural residential living, hobby farming and more intensive rural and agricultural uses.

The following planning scheme overlays are applicable to this application:

Biodiversity Overlay.

STATUTORY ASSESSMENT:

The application has been assessed against the following statutory instruments, including:

The South East Queensland Regional Plan;
Any applicable state planning policies;
The state planning regulatory provisions; and
Any applicable temporary local planning instrument.

The application has also been assessed against the planning scheme, including the following applicable codes:

Mary River Catchment Locality Code;
Reconfiguring a lot Code;
Engineering Works Code;
Landscaping Code; and
Biodiversity Overlay Code.

The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.

Lot Size
Probable Solution S1.1 of the Reconfiguring a Lot Code seeks a minimum lot size of 100ha when reconfiguring a lot within the Rural Zone. The corresponding Specific Outcome seeks to create new lots only where they are suitably sized with appropriate dimensions to accommodate the intended use including a dwelling with ancillary structures and effluent disposal area.

The application proposes the consolidation of good quality agricultural land by creating a 5,577m2 rural residential block on the north-eastern corner of the site and amalgamating the remaining land to the adjoining block creating a 96.826ha lot for agricultural use (cattle grazing).
While the reconfiguration will result in a lot size inconsistent with the provisions of the Reconfiguring a Lot Code (proposed Lot 2), the proposed boundary alteration merges good quality agricultural land creating a lot size consistent with both the intended use of the site (intensive grazing) and the intent of the rural zone. The reconfiguration creates a usable rural lot which protects the ongoing traditional agricultural use expected for the Rural Zone.

Proposed Lot 2, while smaller than expected for a Rural zoned block and inconsistent with the code, remains consistent with the existing subdivision pattern both adjoining the lot and within the general vicinity to the east where smaller residential living blocks have emerged. The lot is serviced to function as a rural settlement type lot and an existing dwelling with ancillary sheds and services has been constructed onsite.

The proposed lot is suitable to accommodate the intended use of the site.

Biodiversity Overlay
The proposed boundary alteration intends to consolidate good quality agricultural land and proposes to relocate a centrally located boundary to create a small 5,577m2 rural residential house block on the north-eastern corner of the existing lot.

The proposed realignment removes the existing boundary where it significantly intersects protected vegetation and positions it where it does not intersect any regulated and protected vegetation. The proposed alteration will significantly reduce the allowable exempt clearing permitted for asset protection and results in an environmentally improved outcome.

The proposed location of lot 2 does not result in any fragmentation of existing vegetation and is sufficiently sized to accommodate the existing house and ancillary structures/services. The proposed alteration maximises the retention of existing significant vegetation and complies with the Specific Outcomes of the Biodiversity Overlay Code.

CONSULTATION:

IDAS Referral Agencies

No Applicable.
Other Referrals
The application was forwarded to the following internal council specialists:

Environment Officer, Engineering and Environment Assessment Branch

Their assessment forms part of this report.

CONCLUSION:

The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that can not be addressed by reasonable and relevant conditions.  The application is therefore recommended for approval.

RECOMMENDATION

APPROVE WITH CONDITIONS Application No. REC16/0007 for a Reconfiguration of a Lot (2 lots into 2 lots) situated at 183 Blanckensee Road BLACK MOUNTAIN QLD 4563 as identified in the attached details recommended for the Decision Notice.

Development Application Number REC16/0007

1.	APPLICATION DETAILS

Application No:	REC16/0007
Street Address:	183 Blanckensee Rd BLACK MOUNTAIN  QLD  4563
Real Property Description:	Lot 245 MCH 254 Lot 2 SP 233312
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:

Development Permit to Reconfigure a Lot - Boundary Realignment (2 Lots into 2 Lots)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	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
54649/B	B	Proposed Boundary Realignment (1/2), drawn by Murray and Associates	19/05/2016
54649/B	B	Proposed Boundary Realignment (2/2), drawn by Murray and Associates	19/05/2016
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	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 on 07 3247 6212 to discuss any obligations under the ACH Act.
Infrastructure Charges
This Development Permit will not trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (Adopted Charges).

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Compliance Assessment – Plan Sealing

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

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DELEGATED AUTHORITY REPORT

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