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201312_Town Planning Application
Development Permit for Reconfiguration of a Lot
by Urban Subdivision (1 Lot into 2 Lots)
LOCATED AT
9 Butler Street, Tewantin QLD 4565
APPLICANT: Courtney Family Investments Pty Ltd
DATE: March 2021
REFERENCE NO.: 201312
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DOCUMENT INFORMATION Prepared For: Courtney Family Investments Pty Ltd Project Name: 9 Butler Street, Tewantin QLD 4565 B+B Reference: 201312 Version Date Author Final Report March 2021 Danya Cook, Principal Town Planner www.bennettandbennett.com.au 201312_Town Planning Application | March 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 Landowner ........................................................................................................ 8
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 ................................................................................................... 11
3.3 Services ......................................................................................................................................... 12
4. Local Planning ..................................................................................................................................... 13
4.1 Planning Scheme ........................................................................................................................... 13
4.2 Level of Assessment ...................................................................................................................... 13
4.3 Assessment Benchmarks (Codes) ................................................................................................ 13
4.4 Overlays ......................................................................................................................................... 14
5. State Planning ...................................................................................................................................... 16
5.1 South East Queensland (SEQ) Regional Plan 2017 ..................................................................... 16
5.2 State Planning Policy ..................................................................................................................... 16
5.3 Planning Regulation 2017 .............................................................................................................. 16
6. Conclusion ........................................................................................................................................... 17
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List of Figures Figure 1 – Locality Map (Image: Whereis, Sourced January 2021) ............................................................ 7 Figure 2 - Extract of Zone Map ZM11 – Tewantin ......................................................................................... 8 Appendices Appendix A – Current Title Search Appendix B – Survey Plan and SmartMap Appendix C – Plan of Proposed Subdivision Appendix D – Engineering Site Servicing Report Appendix E – Code Assessment Appendix F – Bushfire Management Plan www.bennettandbennett.com.au 201312_Town Planning Application | March 2021 4
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1. EXECUTIVE SUMMARY Bennett + Bennett have been engaged by the applicant, Courtney Family Investments Pty Ltd, to prepare an application for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) on land described as Lot 1 on RP174646, situated at 9 Butler Street, Tewantin QLD 4565. The intent of the proposed subdivision seeks to create one (1) additional lot, resulting in two (2) lots in total; both intended for residential purposes. The Current Registered Landowner of Lot 1 on RP174646, being Courtney Family Investments Pty Ltd (refer to the Current Title Search 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 a Lot, 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 201312_Town Planning Application | March 2021 5
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1.1 Site and Application Details
Development Application Details
Site Address 9 Butler Street, Tewantin QLD 4565
Real Property Description Lot 1 on RP174646
Land Area 1555m2
Existing Land Use Dwelling House and Associated Shed Structures
Encumbrances Sewer traversing through the site
Planning Scheme Noosa Plan 2020
Zone Map Zone Map ZM11 – Tewantin
Zone Low Density Residential Zone
Overlays • Land Subject to Acid Sulfate Soils Overlay: - Area 1 – Above 5m AHD
to 20m AHD.
• Bushfire Hazard Overlay: - Medium Potential Bushfire Intensity and
Potential Impact Buffer.
• Biodiversity, Waterways and Wetlands Overlay Map: - Area Subject to
Biodiversity Overlay, Area of Biodiversity Significance.
Development Type Development Permit for Reconfiguration of a Lot by Urban Subdivision
(1 Lot into 2 Lots)
Category of Development Assessable Development
Category of Assessment Code Assessment
Referrals Not Applicable
Landowner Courtney Family Investments Pty Ltd
Applicant Courtney Family Investments Pty Ltd
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 1 on RP174646, situated at 9 Butler Street, Tewantin QLD 4565 and is
located approximately 1.5 kilometres 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 January 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
2.3 Current Registered Landowner
The Current Registered Landowner of Lot 1 on RP174646 is Courtney Family Investments Pty Ltd, as
confirmed by the Current Title Search included at Appendix A.
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2.4 Dimensions, Easements, Shape and Topography The subject site comprises relatively flat level land, featuring a slight fall to the west away from Butler Street. The site is regular in shape, featuring an area of 1555m2; for complete site dimensions refer to the Survey Plan and SmartMap included at Appendix B. Furthermore, as noted by the Current Title Search (Appendix A) and Survey Plan and SmartMap (Appendix B), the subject site is not encumbered by an easement in favour of a third party or distribution entity. 2.5 Existing Built Form The subject site comprises a Dwelling House featuring four (4) bedrooms, one (1) bathroom and an attached Carport. The Dwelling House is located within the front eastern portion of the site; located to the west of the Dwelling House is a Shed featuring an attached Carport, leaving the remaining rear western portion of the site vacant of structures. The Plan of Proposed Subdivision, as prepared by Bennett + Bennett included at Appendix C, demonstrates the location of existing on-site structures and improvements. It is noted that the Shed and Carport are likely to be removed from the site to facilitate subdivision of the land. However, this will be determined at the subsequent Building Stage when House Design Plans are prepared. 2.6 Access and Services The site features road frontage to Butler Street to the east, which is established to an urban sealed standard, inclusive of a formed verge and footpath. It is noted that a bus stop is located just to the north of the site, on the opposite side of Butler Street. A (sealed) driveway crossover is located at the site’s north eastern corner, with the (sealed) driveway extending into the site along the northern boundary to connect with the Carport attached to the Dwelling House. A secondary (sealed) driveway crossover is located at the site’s south eastern corner, with the (unsealed) driveway extending into the site along the southern boundary to connect with the Shed and Carport structures. The Plan of Proposed Subdivision (Appendix C) depicts the location of the access driveways. www.bennettandbennett.com.au 201312_Town Planning Application | March 2021 9
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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 traverses through the site to the rear of the Dwelling House. The
Plan of Proposed Subdivision (Appendix C) depicts the location of the sewer line.
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3. PROPOSED DEVELOPMENT 3.1 Proposed Development Overview This application seeks approval for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) on land described as Lot 1 on RP174646, situated at 9 Butler Street, Tewantin QLD 4565. The reconfiguration of land will occur in accordance with the Plan of Proposed Subdivision prepared by Bennett + Bennett included at Appendix C. As demonstrated by the Plan of Proposed Subdivision (Appendix C), the design of the proposed subdivision 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, being 600m 2. A summary of the proposed lots is included below: Proposed Lot Description Proposed Lot Areas Proposed Lot Frontages Proposed Lot 1 600m2 15.78m Proposed Lot 2 953m2 4.2m2 (and access handle length of 38.02m) 3.2 Proposed Access Arrangements Proposed Lot 1 is configured to a full frontage lot featuring a frontage length of 15.78m, whilst proposed Lot 2 is configured to a rear (hatchet) lot featuring a frontage of 4.2m and an access handle length of 38.02m. With respect to compliance with the minimum frontage requirements, being 17m for a full frontage lot and 4.5m for a rear lot, this is difficult to achieve considering the site features a frontage of 20m. In this regard we seek a relaxation from Council to establish a full frontage lot featuring 15.78m and a rear lot featuring 4.2m. It is noted that the Reconfiguring a Lot Code supports a 15m frontage in residential zones where there are no more than five (5) lots with a frontage width of less than 15 metres grouped in a row. It is noted that during our formal pre-lodgement meeting held with Noosa Council on the 25 November 2020, Council expressed support for the proposed access arrangement provided the access driveway is constructed to a standard 3m seal and landscaping can be planted along each side of the access handle; the proposed development will conform in this regard. www.bennettandbennett.com.au 201312_Town Planning Application | March 2021 11
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An Engineering Site Servicing Report has been prepared by Ferg & Roeds Pty Ltd included at Appendix D.
The report demonstrates that the proposed access handle is safe for the intended residential use. The report
has been reviewed by a Registered Professional Engineer of Queensland (RPEQ) and includes the criteria,
as described in Council’s Standard Drawing RS-049 and AS/NZS2890.1:2004.
Typical cross sections relevant to the proposed access handle are also included within the report (Appendix
D), with the section including a 3m wide concrete driveway.
Furthermore, as demonstrated by the Engineering Report (Appendix D), a suitable turn-around area can be
achieved within proposed Lot 2, to avoid vehicles reversing along the access handle and into the road reserve.
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.
For details regarding urban infrastructure service connections refer to the Engineering Site Servicing Report
prepared by Ferg & Roeds Pty Ltd included at Appendix D.
Furthermore, the report includes a stormwater assessment, with approval sought to utilise an on-site
stormwater infiltration system (Appendix D). The stormwater assessment confirms non-worsening relevant
to adjoining properties and comment regarding the site’s soil types is also made within the assessment, as
provided by an RPEQ.
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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, 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, 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.
An assessment of the Tewantin Local Plan Code, Low Density Residential Zone Code and Reconfiguring a
Lot Code has been undertaken by Bennett + Bennett included at Appendix E. Where Acceptable Outcomes
are not met, an alternative solution demonstrating compliance with the corresponding Performance Outcome
is provided within the code assessment. Overall, the proposed development application is determined to
comply with all Performance Outcomes under the relevant codes.
Furthermore, the proposed subdivision complies with the Works Code, with the applicable aspects of the
Works Code addressed by the Engineering Site Servicing Report prepared by Ferg & Roeds Pty Ltd included
at Appendix D. A subsequent application for a Development Permit for Operation Works will be submitted
with Council for assessment following approval of the Reconfiguring a Lot application.
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4.4 Overlays
The overlays existing upon the site are described and commented on in the below table.
Acid Sulfate Soils Overlay
The subject site contains Acid Sulfate Soils: - Area 1
– Above 5m AHD to 20m AHD. 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 subdivision of the site.
Accordingly, no further assessment has been
undertaken against the Overlay Code.
Bushfire Hazard Overlay
The subject site comprises Bushfire Hazard: - Medium
Potential Bushfire Intensity and Potential Impact
Buffer. It is acknowledged that the proposed
development will result in an increase in the number
of residents residing within a Bushfire Hazard Area.
Accordingly, a Bushfire Management Plan has been
prepared by Bushfire Risk Reducers, included at
Appendix F. The Bushfire Management Plan
addresses the Bushfire Overlay Code of the Noosa
Plan 2020 and provides recommendations regarding
the future siting and design of a Dwelling House at
proposed Lot 2.
Furthermore, a review of Unitywater’s Mapping
confirms a hydrant is available on the water main
directly across the road, ensuring hose servicing
length and pressure is adequate to service the
proposed subdivision development.
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Biodiversity, Waterways and Wetlands Overlay Map
The subject site is triggered by the Biodiversity,
Waterways and Wetlands Overlay: - Area Subject to
Biodiversity Overlay, Area of Biodiversity Significance.
This overlay trigger appears to be a cadastral error,
encroaching into the subject site from adjoining Lot 8
on SP151415. Accordingly, this overlay trigger is not
relevant to the development of the site. 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 subdivision 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 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.
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.
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6. CONCLUSION This planning report has been prepared on behalf of Courtney Family Investments Pty Ltd, in support of an application for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) on land described as Lot 1 on RP174646, situated at 9 Butler Street, Tewantin QLD 4565. The intent of the application seeks approval for a reconfiguration of one (1) lot into two (2) lots. 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 Courtney Family Investments Pty Ltd it is recommended that Council issue approval for a Development Permit for Reconfiguration of a Lot by Urban Subdivision (1 Lot into 2 Lots) subject to reasonable and relevant conditions. www.bennettandbennett.com.au 201312_Town Planning Application | March 2021 17