Delegated Report - Code - Planning RAL21 0021

Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	RAL21/0021
Applicant	B Lashmar Leasa Annette Abell
Proposal	Reconfiguring a Lot - Boundary Realignment
Properly Made Date	1 September 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	3 November 2021
Report Completed Date	19/10/2021
Report Reviewed By	Will Koschade, 19/10/2021

PROPERTY DETAILS
Property Address	51 & 81 Hamersley Lane Lake Macdonald Qld 4563
RP Description	Lot 5 RP 203483 Lot 6 RP 203483
Land Area	76380m² 96290m²
Existing Use of Land	Dwelling Houses

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Overlay Biodiversity, Waterways and Wetlands Overlay Area Subject to Biodiversity Overlay Area Subject to Riparian Buffer Overlay Bushfire Hazard Overlay High Potential Bushfire Intensity Potential Impact Buffer Flood Hazard Overlay Landslide Hazard Overlay
Assessment Type	Code
PROPOSAL
The application seeks approval for a Reconfiguring a Lot - Boundary Realignment. The application proposes the following lot sizes:
Existing
51 Hamersley Lane – 7.638 ha
81 Hamersley Lane 9.628 ha
Proposed
51 Hamersley Lane – 3.83 ha
81 Hamersley Lane 13.437ha
In addition, the applicant proposes the surrender of Easement B which currently provides access and power to 81 Hamersley Lane. In lieu of this, Easement A which is 565m2 is proposed to perform the functions of access and power. It is also noted that land identified as being a riparian buffer area by the Biodiversity, Waterways and Wetlands Overlay Map exists over both properties, however proposal does not require the removal of vegetation on either site.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Site Description
51 Hamersley Lane
Lot 6 is comprised of 7.6 hectares and contains a dwelling house and shed. The property fronts Hamersley Lane to the north and falls from the northern property boundary towards Lake Macdonald to the south. It is also noted that a waterway and vegetation run adjacent to the northern property boundary.
81 Hamersley Lane
Lot 4 is comprised of 9.6 hectares and exhibits a dwelling house, secondary dwelling, carport and shed. The property falls from the entrance to Hamersley Lane in the north eastern corner towards Lake Macdonald at the south and west. A waterway exists in the north eastern corner of the site and dense and mature vegetation is prominent throughout the property.
Surrounding Land Uses
The surrounding land uses include a larger rural property with a dwelling house and construction sheds is located to the north of the subject site, whilst similar sixed properties with dwelling houses and shed are located to the east. 51 and 81 Hamersley Lane are bordered by Lake Macdonald to the south.
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.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Reconfiguring A Lot Code;
Works Codes;
Biodiversity, Waterways and Wetlands Overlay Code;
Bushfire Hazard Overlay Code;
Flood Hazard Overlay Code.
The subject site is located in Lake Macdonald and is zoned Rural. The proposed use is identified as a consistent use 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 100 hectares	Existing 51 Hamersley Lane – 7.638 ha 81 Hamersley Lane 9.628 ha Proposed 51 Hamersley Lane – 3.83 ha 81 Hamersley Lane 13.437ha No additional lots proposed	No No No No
Rearrangement of Lot Boundaries
Acceptable Outcome AO26 of the Lot Reconfiguration code seeks the rearrangement of lot boundaries results in an improvement to the existing situation whereby the size and dimensions of proposed lots comply more fully with Table 9.5.1.4 Minimum lot size and dimensions and at least one of the following is achieved:
the rearrangement of lots remedies an existing boundary encroachment by a building or structure;
the rearranged lots will be made more regular in shape;
access is provided to a lot that previously had no access or an unsuitable access;
the rearranged lots better meet the overall outcomes for the zone and the local plan area in which the site is situated;
the rearrangement of lots provides for a significant improvement in rural productivity; or
the rearrangement of lots results in a significant improvement in the protection of environmental values.
The proposed rearrangement of lot boundaries removes the boundary line from the centre of the waterway which currently traverses through the both 51 and 81 Hamersley Lane. In addition, the majority of dense and mature vegetation over the two properties is now confined within proposed lot 6. The development results in an aggregate environmental improvement as the existing boundary is relocated from a densely vegetated riparian buffer area to a cleared portion in the north-eastern corner of the site.
Although the development would not result in lots complying more fully with Table 9.5.1.4 Minimum lot size and dimensions, the changes in lot sizes is considered negligible in this location on the proviso that the area is characterised by rural residential/lifestyle lots in lieu of rural lands with associated rural production. As such, the proposal complies with Acceptable Outcome AO26 of the Lot Reconfiguration code.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Engineer, Development Assessment
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 RAL21/0021  for a Reconfiguring a Lot - Boundary Realignment situated at 51 Hamersley Lane Lake Macdonald Qld 4563 81 Hamersley Lane Lake Macdonald Qld 4563and described as Lot 5 RP 203483, Lot 6 RP 203483, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	RAL21/0021
Street address:	51 Hamersley Lane Lake Macdonald Qld 4563  81 Hamersley Lane Lake Macdonald Qld 4563
Real property description:	Lot 5 RP 203483, Lot 6 RP 203483
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 - Boundary Realignment
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 works required by the conditions of this Decision Notice must be completed prior to submission of the subdivision plan to Council for compliance assessment.
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 unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
ZA10731.P02		Plan of Proposed Lots 5, 6 & EMT C cancelling Lots 5 & 6 on RP203483, prepared by Downes Group	17/08/2021
All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans.
Currency Period
This development approval lapses if the use has not happened by 15 October 2025, unless an application to extend the currency period is approved by Council.
Engineering
Services
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 or telecommunications authority, prior to sealing of survey 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.
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
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
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
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
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