Delegated Report - Code - Planning RAL21 0015

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0015
Applicant	Michelle Joy Tickner William John Tickner
Proposal	Reconfiguring a Lot - Rural Residential
Properly Made Date	14 July 2021
Information Request Date	11 August 2021
Information Response Date	13 December 2021
Decision Due Date	9 March 2022
Report Completed Date	
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	23 Little Creek Rd Cooroibah Qld 4565
RP Description	Lot 3 RP 211638
Land Area	40020m²
Existing Use of Land	Dwelling House

STATUTORY DETAILS
SEQRP Designation	Rural Living Area
Zone	Rural Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Land Subject to Acid Sulfate Soil Above 5 metres AHD to 20 metres AHD Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Bushfire Hazard Overlay Medium Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Flood and Inundation Extent
Assessment Type	Code
PROPOSAL
The application seeks approval to Reconfigure one lot into two lots for Rural Residential use.
The proposal involves the subdivision of the existing Lot 3 RP211638 into:
Proposed Lot 30 with an area of 40020m2
Proposed Lot 31 with an area of 22600m2
The existing driveway is to be utilised for access to proposed Lot 30, whilst a new access track off Little Creek Road on the northern property boundary is proposed for Lot 31.
It is noted that a vast proportion of proposed Lots 30 and 31 are identified as being within a Flood and Inundation Extent by the Flood Hazard Overlay Map and due to the impacts of this constraint, an external consultant was engaged to assess and provide advice in regard to flood immunity and safety for residents.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
A garage received Building Approval in 1994, whilst a shed extension and swimming pool received Building Approval in 2004.
It is noted that a building on proposed Lot 30 if being used as a habitable dwelling (secondary dwelling) without Council approval.
Council records do not indicate when the existing dwelling house was constructed.
Site Description
The subject site comprises an area of 40200m2 and is relatively level with a slight fall from the south western property boundary down to the north-eastern property boundary. An existing single storey dwelling house, shed, granny flat and pool are located in the centre of the subject site and access is gained via a driveway from Little Creek Rd which forms the northern boundary of the site. The main topographical characteristics of the site are the dense and mature vegetation which is located on the south-eastern, western and northern boundaries in addition to the dam which is located near the north-eastern property boundary.
Surrounding Land Uses
North – Little Creek Rd, dwelling houses, dense and mature vegetation typical of the rural residential zoning.
East – McKinnon Dr, dwelling houses, dense and mature vegetation typical of the rural residential zoning.
South - Dwelling houses and dense and mature vegetation typical of the rural residential zoning.
West - dwelling houses and dense and mature vegetation typical of the rural residential zoning.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for a Rural Activity within the Rural Living Area and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Residential Zone Code;
Reconfiguring a Lot Code;
Works Codes;
Floor Hazard Overlay Code; and
Biodiversity, Waterways and Wetlands Overlay Code.
The subject site is located in the Cooroibah area and is zoned Rural Residential. The proposed Reconfiguration is identified as consistent within the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Minimum 1.5 ha	Lot 30 – 1.742 ha Lot 31 – 2.26 ha	Yes Yes
Minimum Width	30 metres	Lot 30 – 90.65 metres Lot 31 – 123.44 metres	Yes Yes
Flooding
Building Envelopes & Safe Places of Refuge
The following provisions of Noosa Plan 2020 regarding building envelopes and safe places of refuge are discussed below.
Reconfiguring a Lot Code
Acceptable Outcome AO7.3
All reconfigured lots on land subject to a constraints or valuable feature identified on an overlay map contains a building envelope marked on a plan of development that demonstrates that there is an area sufficient to accommodate the intended purpose of the lot, that is not subject to the constraint or valuable feature or that appropriately responds to the constraint or valuable feature.
Flood Hazard Overlay
Acceptable Outcome AO2
The minimum area above flood level (flood free area) for each lot, is 1000m2 plus additional area of effluent disposal
Acceptable Outcome AO4.2
Development provides for an area of sufficient size and dimensions on site above the PMF that allows for safe congregation and refuge.
Assessment
As per Figure 3, the subject site is heavily constrained by areas of flooding and inundation extent as identified by the Flood Hazard Overlay Map. In order to assess the extent of the flooding and inundation extent, Council engaged an external consultant Switchback Consulting to review the application.

Figure 3 – Flooding and Inundation Extent as identified by the Flood Hazard Overlay Map
The data provided by the external consultant is highlighted in the figures below:
Figure 4 – 	39% AEP (1 in 2 year ARI) flood depth map
Figure 5 – 	1% AEP (year 2100) flood depth map,
Figure 6 –	 Probable Maximum Flood (PMF) flood depth map
Figure 6 – Plot of flood depths and surface elevation along Little Creek Road from intersection with McKinnon Drive back to existing house site access on subject site.

Figure 4 – 39% AEP Inundation Extent

Figure 6 – 1% AEP (year 2100) Inundation Extent

Figure 7– PMF Inundation Extent

Figure 8 – Flood Depths Along Little Creek Road
Further comments from the external consultant are as follows.
Peak flood levels were also extracted at the proposed new RP boundary separating Lots 30 and 31. These are the peak flood levels affecting proposed Lot 31 (being on the most upstream location of the proposed lot) and should be used for setting finished floor level (FFL) for the future dwelling. The flood search certificate was unaware of the RAL proposal so didn’t provide peak flood levels at this location. Peak flood levels are:
1%AEP (yr 2100): 14.90mAHD  (required minimum FFL 15.20mAHD)
PMF: 15.19mAHD
Based on the above data, the external consultant provided the following conclusions.
Little creek road floods frequently. In even the 1:2yr ARI event the sag point in the road will not be trafficable
There is room within proposed Lot 31 to accommodate a building above the 1%AEP (yr 2100) flood level
Parts of proposed Lot 31 are flood-free in the PMF. A building with floor level based on the 1%AEP+300mm freeboard would still be flood-free in the PMF event
Specific data on the amount of time that Little Creek Road is not trafficable was not available without re-running the flood model. Even if the model is re-run, the way the hydrology is set up, the inundation times will not be representative of real-world flood events. The inundation time is somewhat irrelevant given the very low flood immunity of Little Creek Road.
The advice provided by the external consultant demonstrates that the proposed reconfiguring of one lot into two provides the minimum area above flood level for each lot, which is 1000m2 plus additional area of effluent disposal. Moreover, the development provides for an area of sufficient size and dimensions on site above the PMF that allows for safe congregation and refuge.
With regards to the required building envelopes, the conditions of approval will necessitate that revised plans are submitted to Council containing the following.
A building envelope is to be shown for proposed Lot 31 and is to be located in the South -West corner of the proposed lot and outside of the 1% AEP (2100 climate) flood inundation extent.
The building envelope is to be contiguous with land which is free from inundation in the PMF event
Provide an area which is 1000m2 plus additional area of effluent disposal.
Bushfire
The subject site is located within a Medium Potential Bushfire Intensity and Potential Impact Buffer as highlighted by the Bushfire Hazard Overlay Map. Refer to Figure 9.

Figure 9 – Bushfire Hazard Overlay Map
Acceptable Outcome AO7 of the Bushfire Hazard Overlay Code requires each residential lot to include a building envelope, identified on a plan of subdivision. Conditions have been included  detailing that the approved plans are to be amended to include a building envelope in the South-West corner of  proposed Lot 31 clear of the mapped bushfire area. It is noted that Lot 31 is mapped as being a Potential Impact Buffer and as the house site outside of the buffer area is considered to comply with Acceptable Outcome AO7 of the Bushfire Hazard Overlay Code.

Biodiversity
The subject site is located within an Area of Biodiversity Significance identified by the Biodiversity, Waterways and Wetlands Overlay Map. Refer to Figure 10.

Figure 10 – Biodiversity, Waterways and Wetlands Overlay Map
Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands Overlay Code requires:
Where clearing vegetation for the purpose of Reconfiguring a Lot:
New boundaries to lots do not transect and fragment existing native vegetation;
New lots are created to allow for suitable building envelopes for future buildings and works to be located within existing cleared areas or areas of low ecological value;
Building envelopes are designed for each lot; and
Ecological linkages and ecologically important areas are secured by environmental covenant or transferred to public ownership or through gazettal of a nature reserve.
A condition is included detailing that the approved plans are to be amended to include a building envelope in the South-West corner of proposed Lot 31. As detailed in AO2 above, building envelopes are required for each lot and ecological linkages and important areas secured. The proposal complies with Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands Overlay Code.
PO2
New lots are only created if they maintain ecological linkages and minimise the clearing of vegetation.
The proposed boundaries do not transect and fragment existing native vegetation. In addition, the condition detailing that the approved plans are to be amended to include a building envelope in the South-West corner of proposed Lot 31 in an existing cleared area will protect vegetation on Proposed Lot 31, whilst a separate development application is required to remove any vegetation mapped as being an Area of Biodiversity Significance on Lots 30 and 31. The proposal complies with Performance Outcome PO2 of the Biodiversity, Waterways and Wetlands Overlay Code.
Access
The applicant will be required to construct the new vehicle access driveways to Little Creek Road. The applicant has submitted conceptual engineering plans for the driveways noting that the standard drawing referred to on the plans is not Council’s current standard drawing.

Engineering Comments
Councils Coordinator of Engineering has provided the following comments:
The flooding of the site is the most significant concern with the proposed development. It is understood that the assessing officer has engaged an external consultant to assess and provide advice in regard to flood immunity and safety for residents.
The formation of Little Creek Road is a sealed surface with flush kerbing. No improvements are required to Little Creek Road or McKinnon Drive (a DTMR asset).
The applicant will be required to construct the new vehicle access driveways to Little Creek Road. The applicant has submitted conceptual engineering plans for the driveways noting that the standard drawing referred to on the plans is not Council’s current standard drawing.
Conditions of approval are recommended to be included for the submission of building envelope plans and property notes for building envelope and flooding impacts.

cONSULTATION
Referral Agencies
SARA – Department of Transport and Main RoadsInternal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineering, Development Assessment
Other Referrals
The application was forwarded to the following external experts for review and/or comment:
Leon Rowlands, Switchback Consulting
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No RAL21/0015  for a Reconfiguring a Lot - Rural Residential situated at 23 Little Creek Rd Cooroibah Qld 4565 and described as Lot 3 RP 211638, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0015
Street address:	23 Little Creek Rd Cooroibah Qld 4565
Real property description:	Lot 3 RP 211638
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Reconfiguring a Lot - Rural Residential
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table. These plans must be amended in accordance with the conditions.
Plan No.	Rev.	Plan/Document Name	Date
1	1	Plan of Proposed Reconfiguration of Lot 3 on RP211638, prepared by Max Watterson + Associates as amended by Condition 3	22-06-2021
194-001-002	A	General Notes, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-100	A	Site Layout Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-250	A	Sediment and Erosion Control Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-300	A	Driveway 1 Details Plan, prepared by BAX Engineering as amended by Conditions	10.11.2021
194-001-301	A	Driveway 2 Details Plan, prepared by BAX Engineering as amended by Condition 3	10.11.2021
Amended Plans
Prior to endorsement of the plan of survey by Council, a metes and bounds plan shall be submitted to Council indicating the following:
Plan of Proposed Reconfiguration of Lot 3 on RP2311638” prepared by Max Waterson and Associates, Dwg 21-5409AA Rev 1 dated 29-11-21: A building envelope is to be shown for proposed Lot 31 and is to be located in the South-West corner of the proposed lot and outside of the 1% AEP (2100 climate) flood inundation extent. The building envelope is to be contiguous with land which is free from inundation in the PMF event.
Driverway (sic) 2 Details Plan” prepared by BAX Engineering, Dwg 194-001-301 Rev A dated  10/11/21 : Amended note for proposed driveway on Lot 31 to identify that driveway levels, apart from at culvert crossings, are to be at or below existing surface levels so as not to impede flood flows across the site.
Future Development
Any future dwelling constructed within proposed Lot 31 is to be located inside the Building Envelope show on the approved plans (as amended) and is to have a minimum finished floor level of 15.2AHD.
Currency Period
This development approval lapses if the use has not happened by 9 March 2026, unless an application to extend the currency period is approved by Council.
Property Access and Driveways
A residential driveway must be constructed to Lots 30 and 31. The works must be undertaken in accordance with an Operational Works approval and include:
Driveways located generally in accordance with amended plan titled “Site Layout Plan” numbered 194-001-100 Revision A prepared by BAX Engineering dated 10 November 2021,
Driveways generally in accordance with Council’s Standard Drawing RS-056 and any associated addendum,
Driveways that do not block existing overland flowpaths or create additional ponding in the road reserve
Clearing in the road reserve kept to the minimum required to construct a compliant driveway
Is to have finished driveway surface levels, apart from at culvert crossings, which are to be at or below existing surface levels so as not to impede flood flows across the site.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Services
Reticulated electricity and telecommunication services must be provided to each lot in accordance with the standards and requirements of the relevant service provider.
Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications.
Certification must be submitted to Council from all relevant service providers (Energex and NBN) which certifies that the development has met the requirements of this Decision Notice and all applicable legislation at the time of construction.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee easements must be designed is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Schedule 10, Part 9, Division 4, Subdivision 2, Table 1, Item 1 (10.9.4.2.1.1) – Reconfiguring a lot near a state transport corridor (Planning Regulation 0217) Schedule 10, Part 9, Division 4, Subdivision 2, Table 3 Item 1 (10.9.4.2.3.1) – Reconfiguring a lot near a state controlled road intersection (Planning Regulation 2017)	The agency provided its response on 6 September 2021   (Reference No.2107-23908 SRA). A copy of the response is attached.

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
appropriate traffic signage in accordance with the Manual of Uniform Traffic Control Devices (MUTCD)
provision for safe vehicle and pedestrian access across the frontage of the site both during daily construction and after daily construction has ceased.

Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
Unapproved Dwelling
Council records indicate that there is an unapproved habitable structure on proposed Lot 30. Please note that this approval does not permit the building to be used as a habitable structure.
property notes
The following property notes will be placed against the subject property in Council’s property record system:
Specific house/effluent site
A specific house site and effluent disposal area has been specified for this property - refer attached plan. No earthworks or construction of outbuildings is permitted within the designated effluent disposal area.

House site specified
A house site has been specified for this property as part of the conditions of subdivision approval. The approved site for the construction of a future dwelling is shown on the attached plan.

Flood
Proposed Lot 31
Part of the lot is flood prone. No building or structure used for domestic living, including dwelling houses and outbuildings (such as garages, carports, garden & tool sheds, swimming pools, effluent disposal trenches, irrigation areas and solid fencing) is to be located below the 1%AEP floodline.
Proposed Lot 30
The note is applicable to the lot but it would appear that part of the existing dwelling may stand below the 1%AEP flood line for the year 2100.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	Property Access & Driveway.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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