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Appendix D - Code Assessment

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                               APPENDIX D
                                     Code Assessment
                                                        Prepared by:
                                                  Bennett + Bennett




www.bennettandbennett.com.au      210224_Town Planning Application | April 2021
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                                                                 RECONFIGURING A LOT CODE
PERFORMANCE OUTCOMES                                       ACCEPTABLE OUTCOMES                                  COMMENT
Growth Management
PO1                                                        No acceptable outcome provided.                      Complies.
Urban residential development:
    (a) is confined to land within the Urban                                                                    The proposed development is a Consistent and Code Assessable
        boundaries;                                                                                             use for the Low Density Residential Zone.
    (b) provides a mix of lot sizes and configurations
        to cater for variety in housing choice;
    (c) contributes to efficient use of land and
        infrastructure;
    (d) increases residential densities and reduces
        lot sizes in close proximity to public transport
        and centre zones;
    (e) provides appropriate buffer areas between
        sensitive land uses, ecologically important
        areas and conflicting uses;
    (f) contributes positively to the amenity and
        landscape value of the local area.
PO2                                                        No acceptable outcome provided.                      Not applicable.
Rural residential development is confined to land
within the Rural Residential zone and included within
either the Urban Footprint or Rural Living designations
of the South East Queensland Regional Plan.
PO3                                                        AO3                                                  Not applicable.
Development of land for business and employment            Development of land:
functions occurs within the activity centres and the          (a) at the Noosa Business Centre is to be
industrial zones.                                                 generally in accordance with Figure 7.2.4.5
                                                                  (Noosa Business Centre Framework and
                                                                  Character Plan);
                                                              (b) at the former Bowls site Lot 3 RP884396,
                                                                  Noosa Junction is to be generally in
                                                                  accordance with Figure 7.2.5.4 (Noosa
                                                                  Junction Framework and Character Plan).
PO4                                                        No acceptable outcome provided.                      Not applicable.
With the exception of lots intended to be used by the
Council or State for community infrastructure,

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conservation purposes or public utilities, including
road widening, no additional lots are created:
    (a) in the Rural zone unless resultant lots have a
         minimum area of 100 hectares;
    (b) in the Environmental Management and
         Conservation zone;
    (c) on Noosa North Shore;
    (d) in the Low density residential zone at
         Cooroibah;
    (e) in the Low density residential zone where
         access is gained via:
        (i) Noosa Banks Drive, Tewantin;
        (ii) Golf Course Drive, Griffith Avenue or
              Carramar Street, Tewantin;
        (iii) Lake Entrance Boulevard, Noosaville;
        (iv) Lake Weyba Drive Noosaville, south of
              Eenie Creek Road; or
        (v) Habitat Place, Noosa Heads;
    (f) within a Water Supply Buffer Area as shown
         on Regional Infrastructure Overlay
Lot Areas and Dimensions
PO5                                                        AO5.1                                                     Complies.
New lots have areas and dimensions that:                   New lots are of a size and shape that can
    (a) are consistent with the purpose and overall        accommodate the land uses intended by the zone.           All proposed lots comply with the minimum lot size specified in
         outcomes of the applicable zone or zones;                                                                   Table 9.5.1.4 Minimum Lot Size and Dimensions, being 600m2, as
    (b) are consistent with the size and character of      AO5.2                                                     demonstrated by the Plan of Development prepared by Bennett +
         surrounding lots;                                 In general, lots have a predominantly regular,            Bennett included at Appendix C.
    (c) can accommodate land uses that are                 rectangular shape.
         consistent with the purpose and overall
         outcomes of the applicable zone;                  Editor's note- topographical constraints          or
    (d) allow for siting and construction of buildings,    environmental values may call for irregular property
         structures, access ways and car parking           boundaries.
         while:-
        (i) retaining ecologically important areas         AO5.3
              and ecological linkages;                     In residential zones, lots are generally arranged so
        (ii) minimising risk of soil erosion, landslide,   that:
              flooding and bushfire;                             (a) there are no more than five lots with a
        (iii) minimising earthworks or retaining walls               frontage width of less than 15 metres
              associated with construction on sloping                grouped in a row;
              sites;                                             (b) there are no more than three lots with a
        (iv) retaining the scenic amenity and                        frontage width of 7.5 metres or less in a row
              vegetated character of the landscape;                  unless serviced by a rear lane;

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        (v) retaining culturally significant features          (c) lots with a frontage width of less than 15
              and protecting views to culturally                   metres are not located opposite other lots
              significant features;                                with a frontage width of less than 15 metres.
        (vi) minimising detrimental impacts of
              effluent disposal or storm water runoff;     AO5.4
              including open space for landscaping;        In activity centres and industry zones, new lots
              ensuring safe vehicular manoeuvring          contribute to a mix of lot sizes that cater for varied
              areas without concentration of driveways     commercial and industrial enterprises, such that:
              in one space; and                                (a) smaller     lots   intended     for   intensive
        (vii) where not in a water or sewerage service               development are clustered near centres;
              area, allow for water storage tanks and          (b) new lots adjacent to sensitive land uses
              suitable effluent disposal.                            include sufficient area for buffering of
    (e) except where otherwise specified in a local                  incompatible land uses; and
         area code, comply with the minimum lot size           (c) lot reconfiguration provides for shared access
         specified in Table 9.5.1.4 Minimum Lot Size                 arrangements wherever possible.
         and Dimensions.
PO6                                                        No acceptable outcome provided.                            Not applicable.
Development provides for irregular shaped lots to be
created only where:
    (a) the creation of regular lots is impractical such
         as at a curve in the road or because of
         topographical constraints;
    (b) safe access and visual exposure to and from
         the site can be provided, while not adversely
         impacting on the functionality of the
         surrounding road network;
    (c) it is desirable to avoid clearing of vegetation
         and the fragmentation of habitat in
         ecologically important areas; and
    (d) the irregular lot is demonstrably suitable for
         its intended purpose.
Lot Layout
Site Responsive Design                                     AO7.1                                                      Complies.
                                                           If located in the Low density residential zone, Medium
PO7                                                        density residential zone, High density residential zone,   The proposed development does not drastically alter the lot layout
Development provides for a lot layout and                  Tourist accommodation zone or Community facilities         / site environment.
configuration of roads and pathways that is responsive     zone and intended for a residential use, any new lot is
to:-                                                       located outside the modelled flood level of the 1% AEP
     (a) the setting of the site within an urban or non-   (1:100 year ARI) water surface levels or where not
         urban context;                                    modelled, above the highest known flood level.
     (b) any natural environmental values present on,
         or adjoining the site;                            AO7.2

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    (c) any natural hazards affecting the site or         Flood immunity for development areas is not achieved
        adjoining land such that the number of            by filling land below the 1% AEP (1:100 year ARI) flood
        properties or persons at risk is not increased;   level.
    (d) the terrain of the land, minimising the need
        for earthworks;                                   AO7.3
    (e) any places of cultural heritage significance or   All reconfigured lots on land subject to a constraint or
        character areas present on, or adjoining the      valuable feature identified on an overlay map contains
        site; and                                         a building envelope marked on a plan of development
    (f) any important landmarks, views, vistas or         that demonstrates that there is an area sufficient to
        other areas of high scenic quality present on,    accommodate the intended purpose of the lot, that is
        or able to be viewed from, the site.              not subject to the constraint or valuable feature or that
                                                          appropriately responds to the constraint or valuable
Editor’s Note— Development of land affected by            feature.
constraints shown on overlay maps will be subject to
overlay codes.                                            AO7.4
                                                          New lots with a site area less than 4,000m² in area
                                                          have a slope not exceeding:
                                                              (a) 10% side slope (crossfall); or
                                                              (b) 5% lengthwise slope (longitudinal fall).

                                                          AO7.5
                                                          Lot boundaries, services, utilities and roads are
                                                          aligned to avoid traversing ecologically important
                                                          areas and ecological linkages.

                                                          AO7.6
                                                          Development does not result in significant modification
                                                          to natural landform or landscape features including:
                                                               (a) waterways and drainage lines;
                                                               (b) native vegetation or significant character
                                                                   trees;
                                                               (c) understorey vegetation;
                                                               (d) slope;
                                                               (e) rock outcrops; or
                                                               (f) views.

                                                          AO7.7
                                                          Development retains or provides viable ecological
                                                          corridors for wildlife movement.

                                                          AO7.8
                                                          Where no riparian buffer is nominated through the
                                                          Biodiversity, Waterways and Wetlands Overlay Map in

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                                                          Schedule 2, a vegetated buffer is provided no less than
                                                          10 metres wide, measured from the centreline of any
                                                          stream .

                                                          AO7.9
                                                          Ecologically important areas are formally protected for
                                                          the long term through environmental covenant or
                                                          transferal to public ownership or through gazettal of a
                                                          nature reserve.
Climate Responsive Design                                 AO8.1                                                     Not applicable.
                                                          The lot design maximises the number of lots where the
PO8                                                       longest axis of the lot has a general east-west
The street design and lot orientation facilitates the     orientation.
construction of energy efficient buildings that respond
to the local climate conditions by:                       AO8.2
     (a) maximising solar access to the north;            The street pattern maximises the number of streets
     (b) minimising solar access to the west;             running in a general north-south direction.
     (c) proportioning lots and building envelopes to
          accommodate energy efficient building           AO8.3
          orientation;                                    For development within the Low density residential
     (d) maximising access to any prevailing summer       zone each lot contains a rectangular house site area
          breezes; and                                    where the long axis faces true north or is no more than
     (e) minimising exposure to prevailing winter         20 degrees off true north and has minimum
          winds.                                          dimensions of 10 metres x 15 metres.
Neighbourhood Design                                      AO9.1                                                     Not applicable.
                                                          Lots are arranged to front streets and public open
PO9                                                       space.
Development provides for a lot layout, land use and
infrastructure configuration that:                        AO9.2
     (a) provides for an efficient land use pattern;      Development maximises opportunities for casual
     (b) creates        compact       and      walkable   surveillance and avoids areas of concealment by
          neighbourhoods that are well connected to       ensuring pathways and public open space have
          centres, employment, education facilities,      defined edges and are visually exposed to roadways.
          community services, open space and
          recreation facilities;                          AO9.3
     (c) creates     useable     and     interconnected   Neighbourhoods (including roads, pathways and open
          movement and open space networks;               space) are designed with a high degree of legibility
     (d) effectively connects and integrates the site     with public spaces and corridors easy to find and
          with existing or planned development on         recognise.
          adjoining sites;

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    (e) provides for moderate and large size
        developments to have multiple access
        points;
    (f) promotes a sense of community identity and
        belonging;
    (g) promotes a variety of streetscapes;
    (h) provides for a high level of amenity, having
        regard to potential noise, dust, odour and
        lighting nuisance sources;
    (i) integrates prominent site features including
        landmarks, native vegetation and views into
        the design;
    (j) discourages crime or antisocial behaviour by
        facilitating casual surveillance of streets,
        paths and public open space;
    (k) avoids the sporadic or out-of- sequence
        creation of lots; and
    (l) protects     and      enhances     ecologically
        important areas and provides for the
        clustering of lots into cleared areas.
Infrastructure                                            No acceptable outcome provided.                        Not applicable.

PO10
Development accommodates and provides for the
efficient and timely delivery of infrastructure
appropriate to the site’s setting and intended use.
PO11                                                      No acceptable outcome provided.                        Not applicable.
Roadway and pathway layout are predominantly
rectilinear with a high degree of permeability.

Editor’s Note— Further detail on traffic and the road
network is addressed in Part 9.4.8 Transport Code.
Infrastructure and Services
PO12                                                      AO12.1                                                 Complies.
New lots are located, sized and configured so as to       All lots are connected to power supply and
ensure each lot is capable of being serviced by           telecommunications services and where located within   Each proposed lot will be serviced by standard urban infrastructure
appropriate levels of infrastructure including:           the Urban boundaries, power supply and                 services.
    (a) power supply;                                     communications     infrastructure  are     provided
    (b) telecommunications; and                           underground.
    (c) where within Local Plan Areas reticulated
         water supply;                                    AO12.2

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    (d) reticulated sewerage; and                       If located in a water service area each new lot can be
    (e) stormwater drainage.                            connected to Unitywater’s water supply network.

                                                        AO12.3
                                                        If located in a sewerage service area each new lot can
                                                        be connected to Unitywater’s sewerage network.

                                                        AO12.4
                                                        If located in a Local plan area lots can be connected to
                                                        Council’s stormwater drainage network.

                                                        AO12.5
                                                        If not in a sewerage service area each lot has sufficient
                                                        area and other attributes to ensure efficient and
                                                        effective on-site sewerage disposal.
PO13                                                    AO13.1                                                      Complies.
Each lot is provided with safe and convenient vehicle   Vehicular access for the development is consistent
access.                                                 with the function and design of the road it takes access    Each proposed lot is provided with safe and convenient vehicle
                                                        from.                                                       access to the road network via Hay Street and Ward Street. For a
                                                                                                                    detailed overview in this regard, please refer to Section 3.2 –
                                                        AO13.2                                                      Proposed Access Arrangements.
                                                        Development does not require new or changed access
                                                        to a state-controlled road that is a limited access road
                                                        unless in accordance with the limited access policy for
                                                        the state-controlled road.

                                                        AO13.3
                                                        Access easements are in appropriate locations for
                                                        safe access and egress, and supply appropriate
                                                        widths and levels of service for the number of vehicles
                                                        that will utilise them as per the requirements of
                                                        Council’s Planning Scheme Policy PSP6 Engineering
                                                        design standards – Roads, drainage and earthworks.

                                                        Editor's note- Reference should be made to the
                                                        Queensland Government's Development Assessment
                                                        Mapping System to confirm which are state-controlled
                                                        roads or limited access roads.
Movement Network
Traffic                                                 No acceptable outcome provided.                             Complies.

PO14

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Traffic generated by the development is within the                                                                   The proposed development is within the acceptable capacity of
acceptable capacity of external roads and does not                                                                   external roads and does not have an adverse impact upon the
have an adverse impact upon the functioning of the                                                                   functioning of the road network.
road network.

Editor’s Note— Further detail on traffic and the road
network is addressed in Part 9.4.8 Transport Code
Roads and Pathways                                        AO15.1                                                     Not applicable.
PO15                                                      Where involving the construction of a new road, road
                                                          planning and design supports the hierarchy and
Development involving the creation of new roads and       functional aspects identified in Council’s Planning
pathways ensures infrastructure—                          Scheme Policy       PSP6 on Engineering design
    (a) provides convenient, safe and efficient           standards – Roads, drainage and earthworks.
        movement for all modes of transport between
        land use activities;                              Editor’s Note— Further detail on road and pathway
    (b) prioritises pedestrian movement and bicycle       networks is provided in Part 9.4.8 Transport Code
        use over vehicle movements;
    (c) facilitates efficient, safe and accessible bus    AO15.2
        services that connect to existing and future      The street layout is generally rectilinear and does not
        public passenger transport facilities;            rely on culs-de-sac, or where the use of a cul-de-sac
    (d) provides through roads and minimises the          is unavoidable because of the natural features of the
        use of culs-de-sac;                               site, it does not exceed a length of 200 metres.
    (e) minimises the extent of earthworks required
        by being sympathetic to the terrain;              AO15.3
    (f) allows for unimpeded and practical access to      Pathways and pedestrian routes are planned to
        each proposed lot; and                            provide clear, safe connections between residential,
    (g) provides for mature street trees.                 open space, transit stops and retail areas, and are
                                                          located along, or are visible from, streets or other
                                                          public spaces.

                                                          AO15.4
                                                          Sufficient space and soil depth is provided for the
                                                          planting of street trees for shade, amenity and habitat
                                                          purposes.
PO16                                                      AO16                                                       Not applicable.
The subdivision layout is designed to facilitate          If within 1 kilometre of the Pathways Network identified
pedestrian and cyclist linkages with adjoining sites in   in the Local Government Infrastructure Plan located in
the immediate area.                                       Part 4, the subdivision design and layout includes
                                                          pathways:
                                                                (a) located in accordance with the Pathways
                                                                     Network identified in the Local Government
                                                                     Infrastructure Plan;

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                                                                (b) linking to the Pathways Network identified in
                                                                    the Local Government Infrastructure Plan.
PO17                                                       No acceptable outcome provided.                           Not applicable.
Development on land within activity centres with active
frontages are provided with access from a rear lane or
other access streets to reduce potential conflicts with
pedestrians and cyclists.
Open Space Network
PO18                                                       AO18.1                                                    Not applicable.
Development provides for parks, drainage reserves          Active parkland or open space which links to active
and open space infrastructure that:-                       parkland is provided in accordance with the Council’s
    (a) provides for a range of passive and active         infrastructure network planning;
        recreation settings, offering a range of
        informal and formal experiences to the             OR
        community;
    (b) accommodates adequate facilities to meet           AO18.2
        the needs of the community and is designed         Park contributions are paid in accordance with the
        to maximise use by the community it serves;        applicable infrastructure instrument.
    (c) provides opportunities for all age groups and
        levels of mobility;                                AO18.3
    (d) is well distributed and contributes to the         Land intended for public open space complements
        legibility and character of the specific town,     existing adjacent and surrounding open space areas
        village or locality;                               and physical linkages to these areas are provided.
    (e) creates attractive settings and focal points for
        the community, designed as attractive and          AO18.4
        enjoyable, functional and safe places to meet      Open space is provided adjacent to waterways, with
        and recreate;                                      roads servicing the linear parkland and lots located on
    (f) benefits the amenity of adjoining land uses;       the opposite side of the road to the waterways.
    (g) facilitates the retention and protection of
        ecologically important areas, wetlands,            AO18.5
        waterways, drainage lines and native habitat       A park has direct road frontages of a minimum of 25%
        areas, their associated buffers, ecological        of the total allotment boundary of the park to provide
        linkages and other natural and cultural            physical access and visibility.
        features;
    (h) incorporates appropriate measures for              AO18.6
        stormwater and flood management;                   Public open space has good connectivity for users via
    (i) is cost effective to maintain; and                 pedestrian and cycle paths.
    (j) is dedicated as public land in the early stages
        of the subdivision.                                AO18.7
                                                           Landscaping is designed to create aesthetically
                                                           pleasing open space areas and to suit the type, setting
                                                           and purpose of the particular park.

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                                                         AO18.8
                                                         Active parkland in all areas other than the Low impact
                                                         industry zone and Medium impact industry zone will
                                                         contain embellishment in accordance with the Local
                                                         Government Infrastructure Plan in Part 4 such as:
                                                              (a) children’s play facilities catering for various
                                                                  ages including a soft fall surface where
                                                                  required and a shade cover over play
                                                                  equipment;
                                                              (b) seating;
                                                              (c) picnic table/s with seats; and
                                                              (d) landscaping.

                                                         Editor’s Note— Further detail on Landscaping is
                                                         addressed in Part 9.4.5 Landscaping Code
PO19                                                     AO19.1                                                       Not applicable.
Land provided for active recreation areas is of a        Active parkland is of a usable shape free of irregular
physical standard and condition suitable for the         boundaries.
intended uses and is not subject to physical or other
constraints including contamination, environmental or    AO19.2
biophysical constraints or legislative protection that   Active parkland is located on land that is exclusive of—
would encumber its use.                                       (a) flood inundation below the 20% AEP (1:5
                                                                  year ARI level);
                                                              (b) land affected by stormwater or overland flow
                                                                  discharge from adjacent allotments;
                                                              (c) drainage reserves and detention basins,
                                                                  which cannot be shown to safely and
                                                                  effectively contribute to the network of parks
                                                                  and open space areas;
                                                              (d) land with a slope, or subject to cut or fill with
                                                                  a batter slope, that exceeds a slope of 15%;
                                                              (e) areas of land less than 15 metres wide, such
                                                                  as access and service and utility easements;
                                                              (f) land required to serve primarily as a buffer
                                                                  area to any existing development or major
                                                                  transport corridor; and
                                                              (g) power easements.

                                                         AO19.3
                                                         At least 10% of the total open space provision for
                                                         active parkland is exclusive of flood inundation below

Page 12

                                                         the 1% AEP (1:100 year ARI level or the highest
                                                         recorded flood level), whichever is the greatest.
Small Residential Lots
PO20                                                     AO20                                                       Not applicable.
Residential lots less than 600m2:                        Within the Low Density Residential zone, new lots of
    (a) occur only where they are consistent with the    less than 600m²:
        size of established adjacent lots;                    (a) are no smaller than the size of established
    (b) are not less than 500m2 in area;                          adjacent lots;
    (c) are free of physical constraints or                   (b) are free of easements;
        encumbrances that would restrict the siting of        (c) are regular in shape with a width to depth
        a house;                                                  ratio of approximately 1:2;
    (d) have area and dimensions that can                     (d) do not have a slope greater than 10%;
        accommodate an appropriate house site                 (e) can accommodate a house and sufficient car
        area without siting variations;                           parking without encroaching into boundary
    (e) are distributed across a development to                   clearances or prescribed building setbacks;
        create diversity in lots; and                         (f) allow for landscape and tree planting in deep
    (f) do not result in excessive driveways at                   soil zones to soften built form elements;
        intersections or corners.                             (g) are not created by further dividing an existing
                                                                  rear (battle-axe) lot; and
                                                              (h) are not located at the end of a T-intersection
                                                                  or at a bend in the road.
Rear Lots
PO21                                                     AO21.1                                                     Not applicable.
Rear (battle-axe) lots are created only where:-:         The minimum area of the rear lot, exclusive of any
   (a) it would not be desirable nor practicable for     access strip, complies with the lot reconfiguration
        the site to be reconfigured so that all lots     outcomes in Table 9.5.1.4 Minimum lot size and
        have full frontage to a road;                    dimensions providing that no rear access lot has a lot
   (b) located in the Low density residential zone,      size less than 600m2 exclusive of access strip.
        Rural residential zone or Rural zone;
   (c) development positively contributes to the         AO21.2
        character of the neighbourhood;                  No more than 10% of lots within a subdivision are rear
   (d) development provides a high standard of           lots or lots accessed via an access strip.
        amenity for residents and other users of the
        rear lot and adjoining properties;               AO21.3
   (e) the lot is large enough to accommodate            No more than two rear lots are located at the end of a
        anticipated land uses including car parking      cul-de-sac.
        and manoeuvring;
   (f) development is not detrimental to the use         AO21.4
        and amenity of adjoining lots through loss of    No rear lot shares a common boundary with more than
        privacy, sunlight or breezes once buildings      four other lots.
        are constructed;

Page 13

    (g) vehicular access to rear lots will not have a        AO21.5
        detrimental impact on lots adjoining the             No more than two rear lots or rear lot access strips
        access strip due to excessive noise, light,          directly adjoin each other.
        dust, stormwater runoff and the like;
    (h) access arrangements do not adversely affect          AO21.6
        the safety and efficiency of the road from           No existing lot with a primary street frontage of less
        which access is gained;                              than 12 metres is further divided unless safe access to
    (i) their creation does not prejudice the                the new lot is provided to a secondary street to which
        anticipated development of adjoining land.           a frontage of at least 12 metres is provided.

                                                             AO21.7
                                                             Where two rear lots adjoin each other, a single
                                                             common driveway and reciprocal access easements
                                                             are provided.

                                                             AO21.8
                                                             No more than three lots gain access from the same
                                                             access strip.

                                                             AO21.9
                                                             Any lot with a road frontage has no more than one rear
                                                             lot created to its rear and has a rear lot access strips
                                                             located on no more than one side.

                                                             AO21.10
                                                             The gradient of the access strip does not exceed 10%.

                                                             AO21.11
                                                             Access strips have a minimum width of 4.5 metres.
Rural Lots Severed by a Road
PO22                                                         No acceptable outcome provided.                            Not applicable.
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 South East 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.
Volumetric Subdivisions
PO23                                                         No acceptable outcome provided.                            Not applicable.

Page 14

Development provides that the subdivision of space
above or below the surface of land facilitates efficient
development in a manner that is consistent with the
overall outcomes for the zone and Local plan area in
which the site is located.
Stormwater Management
PO24                                                       No acceptable outcome provided.                           Complies.
Development provides for the effective drainage of
lots and roads in a manner that:-                                                                                    Stormwater will be diverted to a lawful point of discharge, being
     (a) maintains the natural flow regime;                                                                          the kerb and channel at Ward Street relevant to proposed Lot 201
     (b) effectively manages stormwater quality and                                                                  (current stormwater drainage infrastructure associated with this lot
          quantity; and                                                                                              will not be altered or impacted) and the Hay Street road reserve
     (c) ensures no adverse impacts on receiving                                                                     relevant to proposed Lot 401 and Lot 402.
          waters and surrounding land.

Editor’s Note— Requirements for the design and
construction     of    stormwater    management
infrastructure are addressed in Part 9.4.9 Water
Quality and Drainage code.
Conflicting Land Uses
PO25                                                       No acceptable outcome provided.                           Not applicable.
New lots for residential development do not adjoin
land located in the Medium impact industry zone or the
Low impact industry zone.
Rearrangement of Lot Boundaries
PO26                                                       AO26                                                      Complies.
Development provides that the rearrangement of lot         The rearrangement of lot boundaries results is an
boundaries is an improvement on the existing               improvement to the existing situation whereby the size    The proposed rearrangement of lot boundaries results is an
situation.                                                 and dimensions of proposed lots comply more fully         improvement to an existing situation whereby the size and
                                                           with Table 9.5.1.4 Minimum lot size and dimensions.       dimensions of the proposed lots complies with Table 9.5.1.4
                                                           and at least one of the following is achieved:            Minimum Lot Size and Dimensions, as demonstrated by the Plan
                                                               (a) the rearrangement of lots remedies an             of Development (Appendix C).
                                                                    existing boundary encroachment by a
                                                                    building or structure;                           The encroachment of the Dwelling House will be resolved by
                                                               (b) the rearranged lots will be made more regular     removing the structure from the site, and the subject lots better
                                                                    in shape;                                        reconfigured to settle a deceased estate.
                                                               (c) access is provided to a lot that previously had
                                                                    no access or an unsuitable access;
                                                               (d) the rearranged lots better meet the overall
                                                                    outcomes for the zone and the local plan area
                                                                    in which the site is situated;

Page 15

                                                              (e) the rearrangement of lots provides for a
                                                                  significant improvement in rural productivity;
                                                                  or
                                                              (f) the rearrangement of lots results in a
                                                                  significant improvement in the protection of
                                                                  environmental values.
If Involving a Standard Format Lot with Common Property such as requiring a Community Management Scheme under the Body Corporate and Community Management
Act 1997
PO27                                                      No acceptable outcome provided.                          Not applicable.
Community title subdivision only occurs once
construction of approved buildings on site is
completed.

Editor’s Note—As a building is to be constructed prior
to sealing of subdivision plans, assessment of the
development is to be undertaken as part of the
development application for a material change of use
if that development is assessable under the planning
scheme. Reconfiguring a lot can be assessed
simultaneously or subsequently against the relevant
parts of this code.
PO28                                                      No acceptable outcome provided.                          Not applicable.
Development provides internal access ways and
driveways which:
     (a) are designed to clearly indicate the function
         of the access way; and
     (b) provide acceptable levels of access,
         functionality,     safety,   amenity      and
         convenience for users, as well as catering for
         car parking facilities.
PO29                                                      No acceptable outcome provided.                          Not applicable.
Community title subdivision for residential purposes
only occurs—
     (a) where lots are located close to services and
         facilities;
     (b) in the Low density residential zone, Medium
         density residential zone, High density
         residential zone, Tourist accommodation
         zone or Centre zone;
     (c) where they are consistent with the character
         of the locality they are located in;

Page 16

    (d) if appropriate house site areas and car
        parking needs can be accommodated;
    (e) where they are supplied with adequate
        infrastructure to meet the needs of users;
    (f) where they minimise adverse effects on the
        environment;
    (g) if they are of suitable shape and slope to
        minimise constraints to development; and
    (h) if they are sufficient areas to provide
        reasonable amenity for users.
PO30                                                    No acceptable outcome provided.   Not applicable.
Community title subdivisions intended for business
uses:
    (a) only occur in a centre zone or industry zone;
        and
    (b) provide adequate areas on site for vehicular
        parking, private and communal open space,
        landscaping and site facilities to meet the
        needs of users.

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