Council archive · source document
Town planning report · RAL23/0009
Town planning report
7 & 55 Happy Jack Creek Road, Ridgewood
Reconfiguration of a lot (Boundary Re-alignment)
in the Rural zone
Version / Date: FINAL JUNE 2023
Prepared for: BISHOP
Land Surveying Dynamics 10/1 Newspaper Place Maroochydore Qld 4558 www.landsurveyingdynamics.com
ABN 66 154 593 870 PO Box 6334 Maroochydore B.C. QLD 4558 [email protected]
ACN 154 593 870 Phone: 0412 666 516 Director:- Lee Summers
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Page 2
Contents
1.0 APPLICATION DETAILS 3
1.1 Site Details 3
1.2 Planning Context 5
1.3 Site Characteristics 8
1.4 Existing and Surrounding Land Uses 9
2.0 DEVELOPMENT PROPOSAL 10
2.1 Residential Amenity 11
2.2 Land Use 11
2.3 Access, Parking and Servicing 11
2.4 Site Servicing 11
2.5 Stormwater Management 11
3.0 LEGISLATIVE REQUIREMENTS 12
3.1 Assessment Manager 12
3.2 Categories of Development and Assessment 12
3.3 Referrals 12
3.4 Public Notification 13
4.0 PLANNING SCHEME ASSESSMENT 14
4.1 State and Regional Assessment Benchmarks 14
4.1.1 State Planning Policy 14
4.1.2 Regional Plan 14
4.1.3 State Development Assessment Provisions 15
4.2 Planning Scheme Assessment Benchmarks 15
4.2.1 Zoning 15
4.2.2 Local Plan 17
4.2.3 Overlays 17
4.3 Local Government Infrastructure Plan 18
4.4 Applicable Development Codes 18
5.0 CONCLUSION 20
7 & 55 Happy Jack Creek Road, Ridgewood
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Figures
Figure 1 Locality Plan
Figure 2 Aerial Photograph
Figure 3 Cadastral Plan
Figure 4 Zone Plan
Tables
Table 1 Proposal overview
Table 2 Categories of Development and Assessment
Table 3 Rural zone code – Provision 6.8.3.2, Item 2
Table 4 Applicable codes
Appendices
Appendix A Certificate of Title, Owners Consent and DA Form 1
Appendix B Proposed Boundary Realignment Plan, prepared by Land Surveying Dynamics
Appendix C Code Responses, prepared by Land Surveying Dynamics
This report has been prepared by LSD for Bishop for the sole purposes of the Client. This report is strictly limited to the
purpose and the facts and matters stated in it and will not be used for any other application, purpose, use or matter.
The reproduction, adaption, use or communications of the information contained within this report may not be used
without the written permission of LSD.
QUALITY DOCUMENT RECORD
Date: Author: Review:
DRAFT June 2023 EM
FINAL
7 & 55 Happy Jack Creek Road, Ridgewood
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1.0 Application Details
Aspects of Development Sought Development Permit for Reconfiguration of a Lot (Boundary
Realignment) within the Rural zone.
Refer to Appendix A for DA form 1.
Refer to Appendix B for Proposed Boundary Realignment Plan.
Applicant Bishop
Refer to Appendix A for DA Form 1, Owners consent, and
Certificates of Title.
Contact Person Lee Summers
Land Surveying Dynamics
[email protected]
0412 666 516
Emma McGeown
Land Surveying Dynamics
[email protected]
0431 461 796
1.1 Site Details
Key details of the subject site include:
Address 7 & 55 Happy Jack Creek Road, Ridgewood
Refer to Figure 1 – Locality Plan and Figure 2 – Aerial Photograph
Real property description Lot 8 on SP230072
Lot 9 on SP230072
Refer to Figure 3 – Cadastral Plan
Easement None
Site Area Lot 8 on SP230072 – 21.26 ha
Lot 9 on SP230072 – 12.4 ha
Total site area: 33.66 ha
Land owners Anthony James Joseph Gillman
Cassandra Jane Grant
Georgina Elizabeth Bishop
Previous Applications NA
Prelodgement Meetings NA
7 & 55 Happy Jack Creek Road, Ridgewood
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Figure 1: Locality Plan
(Source: Google Maps – June 2023)
Figure 2: Aerial Photograph
(Source: Qld Globe – June 2023)
7 & 55 Happy Jack Creek Road, Ridgewood
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1.2 Planning Context
The planning context of the site includes:
SEQ Regional Plan designation Regional Landscape and Rural Production Area
Planning Scheme Noosa Shire Planning Scheme (Planning Scheme)
Land Use Strategic Framework
Settlement Pattern: NA
designation
Zone Rural zone
Refer to Figure 3 – Zone Plan
Zone precinct NA
Local Plan NA
Overlays Agricultural land overlay
Agricultural land conservation area
Biodiversity, waterways and wetlands overlay
Area subject to biodiversity overlay
Area of biodiversity significance
Area subject to riparian buffer overlay
Waterways
MSES regulated vegetation – category R GBR
riverine
Riparian buffer area
Bushfire hazard overlay
Bushfire hazard
Medium potential bushfire intensity
Potential impact buffer
Flood hazard overlay
Waterways
Landslide hazard overlay
Landslide hazard
High hazard area
Moderate hazard area
Regional infrastructure overlay
Water
Water resource catchment
Water supply buffer area
State Assessment and Referral SEQ Regional Plan Triggers
Agency Overlays Regional landscape and rural production area
Water Resources
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Water resource planning area boundaries
Fish habitat areas
Queensland waterways for waterway barrier works
State Planning Policy Overlays Agriculture
Important agricultural areas
Agricultural land classification – class A and B
Biodiversity
MSES – Wildlife habitat (endangered or vulnerable)
MSES – Wildlife habitat (special least concern animal)
MSES – Regulated vegetation (category R)
MSES – Regulated vegetation (intersecting a
watercourse)
Water quality
Water supply buffer area
Water resource catchments
Natural Hazards Risk and Resilience:
Flood hazard area – Level 1 – Queensland floodplain
assessment overlay
Flood hazard area – Local government flood mapping area
Bushfire prone area
7 & 55 Happy Jack Creek Road, Ridgewood
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Figure 3: Cadastral Plan
(Source: Smartmap issued by Department of Resources – June 2023)
7 & 55 Happy Jack Creek Road, Ridgewood
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Figure 4: Zone Plan
(Source: Noosa Shire Planning Scheme – June 2023)
1.3 Site Characteristics
Key site characteristics are summarised within the following table:
Topography Due to the area of the subject site, the topography of the land varies across
the site.
Vegetation Under the Planning Scheme mapping, the subject site is affected by the
following environmental overlays:
Biodiversity, waterways and wetlands overlay:
Area subject to biodiversity overlay
Area subject to biodiversity significance
Area subject to riparian buffer overlay
Waterways
MSES regulated vegetation – category R GBR riverine
Riparian buffer area
Under the state mapping, the subject land is mapped within the following
vegetation overlays:
Biodiversity
MSES – Wildlife habitat (endangered or vulnerable)
MSES – Wildlife habitat (special least concern animal)
MSES – Regulated vegetation (category R)
MSES – Regulated vegetation (intersecting a watercourse)
7 & 55 Happy Jack Creek Road, Ridgewood
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No vegetation will be cleared to facilitate this development. The existing
environmental significance of the subject land will be preserved.
Services The subject land is occupied by a dwelling house and holiday
accommodation that are serviced via on-site water and sewer. The
buildings and services will be retained on proposed Lots 8 & 9.
Waterways There is a mapped waterway running along the eastern boundary of the
subject site. As the existing buildings, access and services will be retained,
there will be no impact to the waterway corridor as a result of the proposed
boundary realignment.
Road frontages and length Lot 8 has a frontage to Happy Jack Creek Road of 94.167m and Lot 9 has
a frontage of 36.061m to Happy Jack Creek Road. No changes are
proposed to the site frontages.
Existing use of site Lot 8 is occupied by GG’s ranch and retreat which is used for holiday
accommodation. Lot 9 is currently occupied by a residential dwelling house
and associated buildings and landscaping in a rural residential setting. The
existing land uses will be retained within the proposed allotments, in the
current form and setting.
1.4 Existing and Surrounding Land Uses
The subject site is within a rural residential area in Ridgewood that is subject to the Rural zoning. The
characteristics of the rural residential setting include houses, domestic outbuildings, and ancillary structures.
Please refer to Figure 2 – Aerial Photograph for details.
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2.0 Development Proposal
The proposed development is for the boundary re-alignment of existing Lot 8 on SP230072 and Lot 9 on
SP230072. The proposed lot layout is as follows:
Lot 8 has an area of 12.14 hectares and has dimensions of (running clockwise from the Happy Jack
Creek Road frontage) 94.167m, 35.97m, 64.978m, 142.831m, 22.658m, 149.75m, 101.212m,
139.716m, 516.747m, 54.919m, 301.667m, and 168.55m.
The existing cottage accommodation will be retained on this allotment. Vehicle access will be via
Happy Jack Creek Road, as per the existing arrangement.
Lot 9 has an area of 21.52 ha with dimensions of (running clockwise from the Happy Jack Creek Road
frontage) 36.061m, 156.358m, 175.201m, 155m, 268.077m, 550.85m, 139.716m, 101.212m,
149.75m, 173.599m, 132.777m, and 327.394m.
The existing house will be retained on this allotment. Vehicle access will be via Happy Jack Creek
Road, in accordance with the existing arrangement.
The proposed boundary realignment allows for 9.117 ha of land that is currently within Lot 8 to be transferred
to Lot 9. Proposed Lot 8 will become similar in area to existing Lot 9 and proposed Lot 9 will be similar in area
to existing Lot 8. The proposed new boundaries allow for the retention of the existing buildings, access and
services. In addition, the existing smaller waterbodies within existing Lot 8 will be retained within proposed Lot
9.
While it is noted that the minimum lot size within the Rural zone is 100 hectares, the existing allotments are
well below 100 hectares in area. The proposal does not result in any additional allotments, and the existing
buildings and vehicle accesses will be retained, with suitable setbacks and open space areas. No vegetation
is proposed to be cleared and there are a number of similar and smaller sized allotments within the immediate
area. The amenity of this location from both an aesthetic and a topographical perspective will be unaffected
by this proposed boundary realignment.
Please refer to the Proposal Plan within Appendix B for details.
Table 1: Proposal overview
Number of existing lots 2
Number of new lots 2
Total site area 33.66ha
Road frontage Lot 8 – Happy Jack Creek Road – 94.167m (no change)
Lot 9 – Happy Jack Creek Road – 36.061m (no change)
New road Nil
Access The existing access arrangements, via Happy Jack Creek Road, will
be maintained
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Easements Nil
2.1 Residential Amenity
The proposal is consistent with the surrounding rural residential neighbourhood. The proposed boundary re-
alignment allows for the existing land uses and vegetation to be retained and is consistent with the land use
pattern within the immediate area.
The new allotment boundaries achieve suitable and substantial boundary setbacks to the existing buildings on
each allotment and as such, appropriate privacy, vegetation retention, and rural character.
2.2 Land Use
The subject land is located within the Rural zone. The proposal is supported by the land use designation under
the Planning Scheme and will contribute to the broader neighbourhood of Ridgewood.
2.3 Access, Parking and Servicing
The existing vehicle access ways and car parking will be retained for each allotment.
Refuse will be collected from the street, in accordance with the existing arrangement.
No new road is required as part of this development.
2.4 Site Servicing
The subject land is currently occupied by holiday accommodation and a dwelling house that are serviced by
on-site water and sewer. The existing buildings and services will be retained for proposed Lots 8 and 9.
Telecommunications and electrical services are existing and will also be retained.
2.5 Stormwater Management
As the existing buildings, access and services will be retained within proposed Lots 8 & 9, no changes to the
existing stormwater management arrangements are proposed.
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3.0 Legislative Requirements
3.1 Assessment Manager
In accordance with Schedule 8 of the Planning Regulation 2017 (Planning Regulation) the assessment
manager for this application is Noosa Council.
3.2 Categories of Development and Assessment
The table below summaries the categorising instrument and categories of assessment applicable to this
application.
Table 2: Categories of Assessment
Category of
Aspect of Development Categorising Instrument
Assessment
Planning Scheme – Rural zone Code Assessment
Planning Scheme – Biodiversity, Code Assessment
Development Permit for a waterways and wetlands overlay
Reconfiguration of a Lot (Boundary Planning Scheme – Flood hazard Code Assessment
Realignment) overlay
Planning Scheme – Landslide Code Assessment
hazard overlay
The Reconfiguring of a Lot over the subject site is subject to Code assessment which is a bounded assessment
only against applicable planning requirements, as set out in section 60(2)(a) of the Planning Act. The
assessment benchmarks are:
Rural Zone Code
Reconfiguring a Lot Code
Driveways and Parking Code
Earthworks Code
Existing Services Code
Fire Services for Common Private Title Code
Landscaping Code
Sustainable Building Design Code
Transport Code
Water Quality and Drainage Code
Waterways Works Code
Waste Management Code
Biodiversity, Waterways and Wetlands Overlay Code
Flood Hazard Overlay Code
Landslide Hazard Overlay Code
3.3 Referrals
The subject land is affected by the following overlays under the State Assessment Referral Agency mapping:
SEQ Regional Plan land use categories
7 & 55 Happy Jack Creek Road, Ridgewood
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Regional landscape and rural production area
Water resources
Water resource planning area boundaries
Fish habitat areas
Queensland waterways for waterway barrier works
The application does not trigger referral under Schedule 10 of the Planning Regulation 2017.
3.4 Public Notification
The application is subject to Code Assessment under the provisions of the Planning Scheme. Public
notification pursuant to section 53 of the Planning Act 2016 and Part 4 of the Development Assessment Rules
is not required.
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4.0 Planning Scheme Assessment
This section assesses the application against relevant assessment benchmarks.
As the application is subject to code assessment, the assessment benchmarks and the matters the
assessment manager must have regard to are those identified in section 45(3) of the Planning Act 2016 and
section 26 and 27 of the Planning Regulation 2017.
Noosa Plan 2020 (Planning Scheme) commenced 31 July 2020. Compliance with the provisions of the
planning scheme is outlined in the sub-sections below.
4.1 State and Regional Assessment Benchmarks
4.1.1 State Planning Policy
We have reviewed the State Planning Policy 2017 (SPP). The subject site is affected by the following mapped
areas:
Agriculture
Important agricultural areas
Agricultural land classification – class A and B
Biodiversity
MSES – Wildlife habitat (endangered or vulnerable)
MSES – Wildlife habitat (special least concern animal)
MSES – Regulated vegetation (category R)
MSES – Regulated vegetation (intersecting a watercourse)
Water quality
Water supply buffer area
Water resource catchments
Natural Hazards Risk and Resilience:
Flood hazard area – Level 1 – Queensland floodplain assessment overlay
Flood hazard area – Local government flood mapping area
Bushfire prone area
There are no provisions which are applicable to the subject site and the development proposal which have not
been appropriately integrated within the Planning Scheme.
4.1.2 Regional Plan
The subject site is located within the Regional landscape and rural production land use classification of the
South East Queensland (SEQ) Regional Plan 2017 (ShapingSEQ).
The intent of the Regional landscape and rural production area is to “protect the values of this land from
encroachment by urban and rural residential development; protect natural assets and regional landscapes,
and ensure their sustainable use and management; and support development and economic growth of rural
communities and industries”.
The proposal seeks approval for a boundary re-alignment, retaining the existing buildings within the new lots.
The proposal is consistent with the intent of the Regional landscape and rural production area.
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4.1.3 State Development Assessment Provisions
The State Development Assessment Provisions (version 3.0, commenced 18 February 2022) set out matters
of interest to the State for development assessment where the State, namely the chief executive, is responsible
for either assessing or deciding an application. The proposal does not require referral to the State Assessment
Referral Agency (SARA); therefore, the provisions of Appendix 1 of the State Development Assessment
Provisions do not apply to this application.
4.2 Planning Scheme Assessment Benchmarks
4.2.1 Zoning
The subject site is located within the Rural zone. The purpose of this zone is to provide for rural uses and
activities; and provide for other uses and activities that are compatible with existing and future rural uses and
activities, and the character and environmental features of the zone; and maintain the capacity of land for rural
uses and activities by protecting and managing significant natural resources and processes.
The subject land currently consists of two allotments. Lot 8 is occupied by holiday accommodation and Lot 9
includes a dwelling house with associated outbuildings. The proposed development is for a boundary
realignment of the existing site, retaining the existing buildings over each allotment. The proposal is suitable
within the Rural zone and is consistent with the surrounding area and land use pattern.
The purpose of the Rural zone code is to be achieved through the overall outcomes sought for the zone. The
overall outcomes are addressed below.
Table 3: Rural Zone Code – Provision 6.8.3.2, Item 2
Overall Outcome Response
a) The establishment of a wide range of rural Not Applicable
activities is facilitated, including animal The proposal is for a boundary realignment. The
husbandry, aquaculture, cropping, existing land uses of the allotments, being a dwelling
horticulture, roadside stalls, rural industries, house and holiday accommodation, will be
forest practices, wholesale nurseries and other maintained.
primary production and compatible uses.
b) The viability of existing and future rural Complies
activities is protected from the intrusion of The land uses will be maintained.
incompatible uses.
c) Areas for primary production are conserved Not Applicable
and lot fragmentation is avoided. The subject land is not used for primary production
and is not of sufficient size to be used for primary
production in the future. No additional lots are
proposed in any case.
d) Existing extractive industries and key resource Not Applicable
areas are protected from the intrusion of The subject land is not currently used as an extractive
incompatible uses. industry or key resource area.
e) Rural activities embrace sustainable land Not Applicable
management practices and contribute to the
amenity and landscape of the area. Livestock
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enterprises are predominantly pasture fed, free
range operations.
f) More intensive rural activities including animal Not Applicable
keeping, intensive horticulture and extractive
industry may be established in the zone
provided that adverse environmental and
amenity impacts including the generation of
noise, dust or odour are avoided with sensitive
land uses buffered from impacts.
g) Lot reconfigurations are typically limited to Complies
instances of protecting remnant vegetation or The proposal is for a boundary realignment only. No
riparian corridors or improving the delivery or additional lots are proposed. The proposed boundary
function of regional infrastructure. realignment allows for the retention of the existing
vegetation and preserves the existing environmental
significance of the land. The existing buildings,
access, and services will be maintained over each
allotment.
h) The establishment of outdoor recreation and Not Applicable
small-scale tourism facilities in suitable
locations is facilitated in a manner that does
not significantly compromise the rural
productivity or ecological values of the land.
i) Visitor accommodation complements rural Not Applicable
uses and promotes the sustainable use of rural
land.
j) Houses or outbuildings may be available for Not Applicable
short term guests where there is no resultant
changes to the rural amenity or rural
production of the area.
k) Nature based tourism adopts exemplary Not Applicable
standards of ecologically sustainable design
and facilitates appreciation of the natural
environment.
l) Rural activities provide for appropriate value Not Applicable
adding to produce on site where adverse
environmental and amenity impacts are
avoided.
m) Home-based businesses which add to the Not Applicable
economic sustainability of the hinterland are
established where the nature, scale and
intensity of the activity is compatible with the
character and amenity of the surrounding
locality.
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n) Development is reflective of, and sensitively Complies
responds to, the environmental constraints of The proposed boundary realignment allows for the
the land. preservation of the existing environmental significance
of the land.
o) Natural features such as creeks, gullies, Complies
waterways, wetlands and vegetated hillslopes All existing natural features will be retained. The
and ridgelines are retained, managed and proposed boundary realignment allows for the existing
enhanced where possible. smaller water bodies to be retained within Lot 9.
p) Development maintains and enhances the Complies
significant scenic and landscape values of the The existing built form will be retained.
area. The built form of development integrates
with and complements the rural character
intended for the zone and sensitively responds
to the landscape.
q) Development does not reduce the vegetated Complies
open space and rural landscapes that frame All existing vegetation will be retained.
distinct towns and villages.
r) Development protects and provides for Not Applicable
recreational trails.
s) Development does not adversely impact on the Complies
continued operation, viability and maintenance The existing infrastructure that services the existing
of existing infrastructure or compromise the land uses will be maintained.
future provision of planned infrastructure.
The proposal is consistent with the Rural zone.
4.2.2 Local Plan
The subject land is not within a local plan.
4.2.3 Overlays
In accordance with the provisions of the Planning Scheme the following overlays apply to the subject site:
Agricultural land overlay
Agricultural land conservation area
Biodiversity, waterways and wetlands overlay
Area subject to biodiversity overlay
Area of biodiversity significance
Area subject to riparian buffer overlay
Waterways
MSES Regulated vegetation – category R GBR riverine
Riparian buffer area
Bushfire hazard overlay
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Bushfire hazard
Medium potential bushfire intensity
Potential impact buffer
Flood hazard overlay
Waterways
Landslide hazard overlay
Landslide hazard
High hazard area
Moderate hazard area
Regional infrastructure overlay
Water
Water resource area
Water supply buffer area
The application is consistent with the intent of the above overlays.
4.3 Local Government Infrastructure Plan
The Local Government Infrastructure Plan (LGIP) comes into effect during the development assessment
process when trunk infrastructure is required or when development generates additional demand on trunk
infrastructure networks.
The subject site is located outside of the priority infrastructure area and is not affected by trunk infrastructure.
As the proposal does not create any additional allotments, there will be no additional demand on trunk
infrastructure works. Therefore, infrastructure charges do not apply to the proposed development and
assessment against the LGIP is not required.
4.4 Applicable Development Codes
The table below identifies the assessment benchmarks applicable to the proposed development and the
response.
Table 4: Applicable Codes
Applicable Code Assessment
Rural zone code Refer to Appendix C
Reconfiguring a lot code Refer to Appendix C
Driveways and parking code Complies
The existing vehicle access, driveways and carparking
will be retained over each allotment.
Earthworks code Not Applicable
No earthworks are proposed or required as part of this
development. No vegetation clearing is proposed.
Existing services code Not Applicable
No construction activities are proposed as part of this
development. The existing buildings, access, and
infrastructure will be retained. There will be no
development near a stormwater drain or overland flow
path. Maintenance access is not required to a
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stormwater drain, overland flow path, or associated
structures.
Fire services for common private title code Not Applicable
As the proposal is for a boundary realignment only and
the existing buildings, access, and infrastructure will
be retained, no new fire hydrants are required at the
subject land.
Landscaping code Not Applicable
All existing landscaping will be retained. No new
landscaping is proposed or required.
Sustainable building design code Not Applicable
The existing buildings and infrastructure will be
retained on proposed Lots 8 & 9 and are suitable.
Transport code Not Applicable
No additional lots will be created and as such, there
will be no change to traffic generation as a result of
this development. The existing accessways and onsite
carparking will be retained and are suitable. No new
roads, or pedestrian and cycle infrastructure are
required as part of this development.
Water quality and drainage code Complies
As the existing buildings will be retained, the existing
stormwater and wastewater management practices
will be unaltered and are suitable.
Waterways works code Not Applicable
The proposal does not include a landing, prescribed
tidal works, jetties, wharves, pontoons, boat ramps,
boat lifting devices, or fixed floating structures.
Waste management code Not Applicable
The proposal is for a boundary realignment only and
the existing buildings, access, services, and
vegetation will be retained. No construction activities
are required as a result of this development. As such,
no waste management systems are required.
Biodiversity, waterways & wetland overlay code Refer to Appendix C
Flood hazard overlay code Refer to Appendix C
Landslide hazard overlay code Refer to Appendix C
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5.0 Conclusion
This Development Application demonstrates that the proposal is considered appropriate for the context and
character of Happy Jack Creek Road. The proposal seeks approval for a boundary re-alignment within the
Rural zone.
We recommend approval of the Development Application subject to reasonable and relevant conditions for the
following reasons:
The proposal supports the objectives of the Regional Plan by realigning the existing allotment
boundaries and retaining the existing buildings, vehicle access, and services;
The proposal is consistent with the existing development pattern within the immediate area;
No vegetation is proposed to be cleared as part of this development; and
The proposal is consistent with the intentions of the Rural zone.
As set out within section 60(2)(a) of the Planning Act, the application is subject to a bounded assessment and
for the reasons outlined within this assessment warrants approval. We recommend approval of the
Development Application subject to reasonable and relevant conditions.
7 & 55 Happy Jack Creek Road, Ridgewood
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aan LAN mM an Appendix A DA Form 1, Land owners consent, and Current Titles
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aw PY ag mM Appendix B Proposed Boundary Realignment Plan Prepared by Land Surveying Dynamics
Page 24
Appendix C Code Responses Prepared by Land Surveying Dynamics
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