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Planning Report No. 61500
PLANNING REPORT
NO. 61500
Application for a Development Permit for Reconfiguration of a Lot by Rural
Residential Subdivision (1 Lot into 2 Lots) involving land described as Lot 9 on
RP131369, situated at 216 Black Mountain Road, Black Mountain
Qld 4563
Prepared on behalf of Murray & Michelle Richardson
March 2019
Murray & Associates (Qld) Pty Ltd ACN 075 543 154 ABN 81 075 543 154 www.mursurv.com [email protected]
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Contents
Contact Details .....................................................................1
1.0 Summary ......................................................................2
2.0 Introduction .................................................................3
3.0 Characteristics of the Site and Surrounding Area .........4
3.1 Overview ............................................................................... 4
3.1.1 Location of Subject Site................................................. 4
3.1.2 Zoning Designation ....................................................... 5
3.1.3 Surrounding Land Uses ................................................. 5
3.1.4 Current Registered Landowners ...................................... 5
3.1.5 Existing On-Site Improvements ...................................... 6
3.1.6 Dimensions, Easements, Shape and Topography .............. 6
3.1.7 Access and Services ...................................................... 6
4.0 Proposed Subdivision ...................................................7
4.1 Development Details ............................................................... 7
4.1.1 Proposed Allotment Areas .............................................. 7
4.1.2 Access......................................................................... 8
4.1.3 Stormwater Management .............................................. 9
4.1.4 Waste Management ...................................................... 9
4.1.5 Services ...................................................................... 9
5.0 Local Planning ............................................................ 10
5.1 Level of Assessment ............................................................. 10
5.2 Relevant Codes .................................................................... 10
5.3 Overlay Codes...................................................................... 11
5.3.1 Biodiversity Overlay .................................................... 11
5.3.2 Natural Hazards Overlay .............................................. 12
6.0 State Planning Matters ............................................... 13
6.1 Referral for Matters of State Interest....................................... 13
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Planning Report 61500 Murray & Associates (Qld) Pty Ltd March 2019
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7.2 State Planning Policy............................................................. 13
7.0 Conclusions and Recommendations ............................ 14
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Planning Report 61500 Murray & Associates (Qld) Pty Ltd March 2019
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Figures
Figure 1 – Locality Map
Figure 2 – Zoning Map
Appendices
Appendix A - Current Title Search
Appendix B - Survey Plan & SmartMap
Appendix C - Plan of Development No. 61500
Appendix D – Sight Distance Assessment
Appendix E – Geotechnical Report
Appendix F – Bushfire Management Plan
Appendix G – Site Photos
Appendix H - Code Assessment
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Planning Report 61500 Murray & Associates (Qld) Pty Ltd March 2019
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Contact Details
Murray & Associates (Qld) Pty Ltd Contact: Callan Lowrie
Planning & Surveying Consultants Address: PO Box 246
Nambour, Qld 4560
Phone: (07) 5441 2188
Fax: (07) 5441 2601
Email: [email protected]
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Planning Report 61500 Murray & Associates (Qld) Pty Ltd March 2019
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1.0 Summary
SITE DETAILS
216 Black Mountain Road, Black Mountain QLD
Address
4563
Real Property Lot 9 on RP131369
Description
Subject Land Area 4.699ha
Local Authority Noosa Shire Council
Current Registered Michelle Patricia Richardson and Murray John
Landowners Richardson
SOUTH EAST QUEENSLAND REGIONAL PLAN DESIGNATION
Land Use Category Urban Footprint
PLANNING SCHEME DESIGNATIONS
Locality Plan Cooroy & Lake Macdonald
Zoning Map Zone Map ZM3
Zone Rural Settlement
APPLICATION DETAILS
Applicant Murray & Michelle Richardson
Reconfiguration of a Lot by Rural Residential
Proposal
Subdivision (1 Lot into 2 Lots)
Application Type Development Permit
Level of Assessment Code Assessment
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2.0 Introduction
Murray & Associates (Qld) Pty Ltd have been commissioned to prepare this
Planning Report on behalf of Murray & Michelle Richardson in support of an
Application for a Development Permit for Reconfiguration of a Lot by Rural
Residential Subdivision (1 Lot into 2 Lots) involving land described as Lot 9
on RP131369, situated at 216 Black Mountain Road, Black Mountain.
The Current Registered Landowners of the subject site, being Michelle
Patricia Richardson and Murray John Richardson (refer to Appendix A for a
copy of the Current Title Search) have provided written consent to the
proposed development by signing the Individual Owner’s Consent Form
which is attached to DA Form 1 – Development Application Details.
The subject site incorporates a total area of 4.699ha (46,990m2) and is
situated within the Rural Settlement Zone of the Cooroy & Lake Macdonald
Locality, as identified within Zoning Map ZM3 of the Noosa Plan.
As stipulated in accordance with Part 6 Cooroy & Lake Macdonald – Division
13 – Table 6.11 – Assessment table for development other than material
change of use of the Noosa Plan, the proposed development is Code
Assessable.
This Planning Report should be read in conjunction with the supporting
information included within the Appendices and Figures, as well as the
attached DA development application form.
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3.0 Characteristics of the Site and Surrounding Area
3.1 Overview
3.1.1 Location of Subject Site
The subject site is located at 216 Black Mountain Road, Black Mountain and
is legally described as Lot 9 on RP131369. The subject site is located
approximately 4.5km from the Cooroy Township to the east and 5km from
Pomona to the north, which are able to provide a range of commercial and
community services to the site. The subject site comprises frontage to Black
Mountain Road which provides convenient access to the wider road network.
Figure 1 below provides a locality map, which identifies the location of the
subject site in relation to the surrounding area.
Figure 1: Locality Map
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3.1.2 Zoning Designation
The subject site is located within the Rural Settlement Zone of the Cooroy & Lake
Macdonald Locality Area as identified within Zoning Map ZM3 of the Noosa Plan.
Please refer to Figure 2 which includes an extract of Zoning Map ZM3, identifying
the subject site and surrounding allotments.
Figure 2: Zoning Map
3.1.3 Surrounding Land Uses
Land located directly north, west and east of the subject site is likewise included
within the Rural Settlement Zone of the Noosaville Locality Area and comprises single
detached residential dwellings. Land further west and to the south is located in the
Rural Zone, with Community Services Zoned land located to the northwest and
comprising electricity infrastructure. A strip of land further to the east is zoned as
Open Space Conservation and contains reserve lots.
3.1.4 Current Registered Landowners
The Current Registered Landowners of the subject site are Michelle Patricia
Richardson and Murray John Richardson as confirmed by a copy of the Current Title
Search, which is included within Appendix A of this report.
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3.1.5 Existing On-Site Improvements
Lot 9 on RP131369 currently contains a dwelling house, situated within the central
area of the subject site along the western boundary. The remainder of the subject site
comprises areas of both open space and areas identified on the Biodiversity Overlay –
Environment – Enhance or Protect (Environmental Protection Area).
3.1.6 Dimensions, Easements, Shape and Topography
The subject site is regular in shape and comprises an area of 4.699ha of varying
topography. For complete site dimensions, please refer to the Survey Plan and
SmartMap included within Appendix B of this report. In addition, it is noted that Lot
9 on RP131369 is encumbered by the following easement in favour of another party,
as confirmed by the Current Title Search included within Appendix A of this report;
Easement in Gross No. 706419542, described as Easement F on SP143947 and
burdening the land in favour of ENERGEX LIMITED A.C.N. 078 849 055.
3.1.7 Access and Services
The subject site comprises road frontage to Black Mountain Road to the south. Access
to the lot is currently facilitated via an existing gravel driveway stemming from Black
Mountain Road. The rural nature of the site means that the subject site is currently
provided with the following infrastructure services;
A reticulated supply of electricity;
A reticulated supply of telecommunications;
On-site water supply; and
On-site effluent disposal treatment systems.
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4.0 Proposed Subdivision
4.1 Development Details
The proposed development seeks approval for a Reconfiguration of a Lot by
Rural Residential Subdivision (1 Lot into 2 Lots) on land described as Lot 9 on
RP131369, situated at 216 Black Mountain Road, Black Mountain.
The Plan of Development, Plan No. 61500, prepared by Murray & Associates
(Qld) Pty Ltd and attached within Appendix C of this report, depicts the
proposed subdivision layout and access arrangements.
The proposed subdivision has been designed to respond to the site
characteristics of the property including the topography, accessibility and on-
site vegetation to establish two (2) Rural Settlement Lots. Importantly, the
proposed allotments have been carefully designed to avoid the dissection of
vegetation identified on Noosa Council’s Biodiversity Overlay. As a result,
Proposed Lot 2 comprises 1.171ha, which is less than the specified 2 hectares
minimum. However, in discussions with Council, ‘in principle’ support has
been given to the reconfiguration as despite the non-compliant lot size, the
proposed lot layout is able to achieve the desired environmental outcomes in
relation to the protected vegetation onsite.
4.1.1 Proposed Allotment Areas
The subject site incorporates a total area of 4.699 hectares, and following
approval of the proposed subdivision, the following areas will apply for each
newly created allotment: -
Proposed Lot Number Area
Lot 1 3.465ha
Lot 2 1.234ha
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As noted above, it is acknowledged that the Reconfiguration of a Lot,
involving land included within the Rural Settlement Zone, must comply with a
minimum lot size of 2 hectares, in accordance with Table 14-68 of the
Reconfiguring a Lot Code of the Noosa Plan.
It is acknowledged that the subject site triggered by the Biodiversity Overlay
of the Noosa Plan as containing a large proportion of Environmental Protection
Area and a Water course and Drainage Line within.
As demonstrated by the Plan of Development, Plan No. 61500 prepared by
Murray & Associates (Qld) Pty Ltd and included at Appendix C, the proposed
subdivision has been carefully designed to avoid dissection of vegetation by
the new boundary line. Site Photos attached at Appendix G demonstrate that
some of the area identified as native vegetation on Council’s overlay mapping
is actually vacant of any vegetation – therefore the proposed boundary does
not dissect an ecologically important area. As such, the proposed subdivision
results in the creation of a new Lot with an area less than the minimum
requirement of 2 hectares. Despite this minor non-compliance in lot size, it is
considered that the proposed subdivision results in a more desirable
environmental outcome. Furthermore, the Plan of Development, Plan No.
61500 displays a suitable building envelope outside mapped vegetation for
proposed Lot 2.
4.1.2 Access
As displayed by the Plan of Development, Plan No. 61500, both lots will utilise
the existing access point to Black Mountain Road, situated on the site’s
southern boundary line. Proposed Lot 1 will gain access to the existing
dwelling via an easement over the shared driveway within Proposed Lot 2.
Black Mountain Road is constructed to an appropriate standard with bitumen
seal, sufficient to cater for the proposed development. Adequate sight
distance is available along Black Mountain Road from the proposed access
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point in both directions, as demonstrated by the Sight Distance Assessment
prepared by TOD Consulting Engineers and attached at Appendix D.
4.1.3 Stormwater Management
As demonstrated by the topographical contours shown on the Plan of
Development, Plan No. 61500 prepared by Murray & Associated (Qld) Pty Ltd
and attached at Appendix C of this report, the natural fall of the land results
in stormwater flows running to the vegetated portion of the site. Due to the
large lot size of the rural settlement allotments, stormwater is able to be
contained and naturally filtered wholly within each lot. The volume of
stormwater generated by the proposed subdivision is minimal and will not
adversely impact on adjoining properties.
4.1.4 Waste Management
Adequate room is available along the verge of Black Mountain Road to
facilitate the placement of waste bins. On-street waste collection is the
current method servicing the subject site and surrounding properties and
ensures that waste vehicles do not need to enter the site and conduct turning
manoeuvres.
4.1.5 Services
As mentioned under Section 3.1.7 of this report, the subject site is located
within a rural area and is provided with the following infrastructure services: -
A reticulated supply of electricity;
A reticulated supply of telecommunications;
On-site water supply; and
On-site effluent disposal treatment systems.
Electricity and telecommunication services will be extended to proposed Lot 2,
and the future dwelling will be serviced by on-site water and on-site effluent
disposal.
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5.0 Local Planning
5.1 Level of Assessment
As previously stated under Section 1.0 and 2.0 of this report, the proposed
development is Code Assessable, as determined in accordance with Part 6
Cooroy & Lake Macdonald – Division 13 – Table 6.11 – Assessment table for
development other than material change of use of the Noosa Plan.
As the subject site is included within the Rural Settlement Zone and the
development represents a use type envisaged for the zone, an assessment
of the proposed development in relation to the Strategic Framework is not
necessary. An assessment of the Rural Settlement Zone against the
proposed development is provided below in Section 5.2.
5.2 Relevant Codes
The following codes are applicable to the proposed development: -
Cooroy & Lake Macdonald Locality Code;
Reconfiguring a Lot Code;
Landscaping Code;
Engineering Works Codes;
o Driveways and Carparking Code;
o Earthworks Code;
o Erosion and Sediment Control Code; and
o Existing Services Code.
A comprehensive assessment of the proposed development against the
Cooroy & Lake Macdonald Locality Code and Reconfiguring a Lot Code has
been prepared by Murray and Associates (Qld) Pty Ltd and is attached within
Appendix H of this report.
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The outcomes stipulated in the Engineering Works Codes will be addressed
as part of the subsequent Operational Works stage.
Due to the small-scale nature of the 1 into 2 lot subdivision, it is considered
that the requirements of the Landscaping Code are not applicable to the
development.
5.3 Overlay Codes
As identified by the overlay maps of the Noosa Plan, the following overlays
are applicable to the subject site:
Land Subject to Biodiversity Overlay – Environmental Protection Area
& Watercourses and Drainage Lines; and
Land Subject to Natural Hazards Overlay – Landslide Hazard Area,
Medium Potential Bushfire Intensity & Potential Impact Buffer.
5.3.1 Biodiversity Overlay
It is acknowledged that the subject site
includes areas of environmental
protection area and a
watercourse/drainage line within. As
mentioned throughout this report, the
proposed subdivision has been
strategically designed to avoid
traversing through environmentally
significant areas. Site Photos attached
at Appendix G demonstrate that the
area identified as native vegetation
east of the existing house and south of the visible treeline is actually vacant of
any vegetation and an appropriate place for the proposed boundary.
Therefore, given the nature of the proposed development, it is highly unlikely
that environmental protection areas or watercourses/drainage line will be
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impacted as a result of the subdivision (noting a suitable house site is
established outside mapped protection areas).
5.3.2 Natural Hazards Overlay
It is acknowledged that the subject site contains areas of landslide hazard and
is subject to medium potential bushfire intensity and potential impact buffer.
A Slope Stability Assessment has been prepared by Tectonic Geotechnical Pty
Ltd and attached at Appendix E in order to address the slide hazard
constraint. A Bushfire Hazard Assessment and Management Report has been
prepared by North Coast Environmental Services and attached at Appendix
F, which determines that the proposed house site is appropriately located to
avoid bushfire hazard.
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6.0 State Planning Matters
6.1 Referral for Matters of State Interest
The Planning Act 2016 and Planning Regulation 2017 provide the legislative
framework within Queensland for authorities (Local and State Government)
to assess development applications. Matters that require assessment may
be delegated to the Department of State Development, Manufacturing,
Infrastructure and Planning (DSDMIP) for assessment by the State
Assessment and Referral Agency (SARA).
Following a review of the SARA DA Online Mapping System, it is
acknowledged that this application does not require referral to DSDMIP for
assessment by SARA.
It is acknowledged that the application will need to be referred to Energex as
an advice agency.
7.2 State Planning Policy
The State Planning Policy (SPP) outlines the Queensland Government’s
policies regarding 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 a
discrepancy arises between a local planning scheme and a state planning
policy, the state planning policy overrides the planning scheme. As outlined
within Part 2 of the Noosa Plan, the SPP has been incorporated into the
planning scheme. In light of the above, an assessment of the proposed
development against the SPP is not required.
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7.0 Conclusions and Recommendations
This application provides justification for approval for a Development Permit
for a Reconfiguration of a Lot by Rural Residential Subdivision (1 Lot into 2
Lots) involving land described as Lot 9 on RP131369, situated at 216 Black
Mountain Road, Black Mountain on the following grounds:
The proposed development represents a practical infill subdivision,
which seeks to create one (1) additional rural settlement allotment
which is able to be provided with reticulated electricity and
telecommunications;
The Reconfiguration of a Lot proposal has been sensitively designed
with regard to the natural characteristics of the subject site;
The proposed development has been sensitively and attractively
designed and will not detract from the residential amenity or privacy of
adjoining land;
Each lot is able to achieve safe and convenient access to/from the road
network (Black Mountain Road) via the existing driveway crossover;
The proposed development complies with the intended outcomes for
the Rural Settlement Zone and is in keeping with the surrounding Black
Mountain Locality; and
The proposed development complies with the applicable elements of
the Noosa Plan.
Thus, on behalf of Murray & Michelle Richardson, it is recommended that
Council issue approval for a Reconfiguration of a Lot by Rural Residential
Subdivision (1 Lot into 2 Lots) involving land described as Lot 9 on RP131369,
situated at 216 Black Mountain Road, Black Mountain.
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Appendix A Current Title Search [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Current Title Search
Page 20
Appendix B Survey Plan and SmartMap [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Survey Plan and SmartMap
Page 21
Appendix C Plan of Development (Plan No. 61500) Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix C Plan of Development (Plan No. 61500) Prepared by Murray & Associates (Qld) Pty Ltd
Page 22
Appendix D Sight Distance Assessment Prepared by TOD Consulting Engineers [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix D Sight Distance Assessment Prepared by TOD Consulting Engineers
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Appendix E Geotechnical Investigation Prepared by Tectonic Geotechnical Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix E Geotechnical I nvestigation Prepared by Tectonic Geotechnical Pty Ltd
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Appendix F Bushfire Hazard Assessment & Management Plan Prepared by North Coast Environmental Services
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Appendix G Site Photos [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix G Site Photos
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Appendix H Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix H Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd