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Delegated Report - Code - Planning RAL24 0014 - AS PUBLISHED · RAL24/0014
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. RAL24/0014
Applicant Noosa Shire Council
Proposal Reconfiguring a Lot – 1 Lot into 2 Lots
Properly Made Date 15 July 2024
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 16 September 2024
Report Reviewed & Nadine Gorton and Patrick Murphy 26.08.2024
Finalised By
PROPERTY DETAILS
Property Address 62 Lake Macdonald Dr, Cooroy
RP Description Lot 105 SP 118458
Land Area 35370.000 m²
Existing Use of Land Shed associated with the adjoining cemetery and vegetation
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Community Facilities
Precinct Not Applicable
Local Plan Area Cooroy
Overlays Biodiversity, Waterways and Wetlands Overlay
• Areas of biodiversity significance
Extractive Resources Overlay
• Resource separation area
Flood Hazard Overlay
• Flooding and inundation area
Landslide Hazard Overlay
Document Set ID: 23148031
Version: 5, Version Date: 29/08/2024
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• Moderate hazard area
Assessment Type Code
1. PROPOSAL
The application seeks approval for Reconfiguring a Lot - 1 Lot into 2 Lots. The subject application
seeks to subdivide the lot into 2 parts, as follows:
• Lot 100 – a 1 hectare lot proposed to be utilised for a future extension of the cemetery on
adjoining Lot 101 MCH655. It is noted that the shed on Lot 100 is the maintenance shed for
the adjoining cemetery use and is accessed from the cemetery site.
• Lot 2 – a 2.537 hectare lot proposed to be remediated by the removal of any contamination. It
is understood that this lot may be further developed in the future. The site has frontages to
Dianella Court and Lake Macdonald Drive for access for the decontamination activities.
The applicant has provided the following commentary regarding the proposal:
The purpose of this development proposal is to subdivide proposed Lot 100 which is effectively
for future cemetery land and enable Lot 2 to be remediated from any land contamination. As
Council are aware, the land is included within the Community Facilities Zone and as such does
not have any accepted development use rights that would otherwise mandate services
connections at the subdivision stage. This proposal is effectively a management lot subdivision
to enable the remediation of Lot 2 from land contamination in the short term.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Subject Site
Figure 3 – Proposal Plan
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2. SITE DETAILS
2.1. Background
• The existing slash pine and Gympie messmate plantations were planted circa 1970 to help
kerb weeds.
• Council purchased the site in December 1999.
• An Exemption Certificate (EXE21/0031) was issued in October 2021 for minor or
inconsequential Building Work Assessable against the Planning Scheme for the storage shed
(associated with the adjoining cemetery) located in the south western portion of the site.
• A Preliminary Site Investigation (contamination) was undertaken in January 2023, reported in
May 2023 and updated in October 2023. As a result of the investigations, the presence of a
Notifiable Activity (historical landfilling) and associated Hazardous Contaminants (physical
wastes, asbestos and elevated heavy metals above applicable criteria) were identified, with
Council subsequently notifying the Department of Environment, Science and Innovation (DESI)
in May 2023 to list the site on the Queensland Environmental Management Register (EMR).
The report found the site was contaminated in the 1950/1960’s and was a former land fill in the
southern portion of the site and a night soil disposal area to the northern portion of the site.
• Further extensive grid testing of the site occurred in February 2024 to better understand the
extent of the contamination, with remediation of the site proposed to occur late 2024 or early
2025.
• A Development Permit for Operational Works for vegetation clearing (OPW23/0190) for a
portion of the site was issued in February 2024.
2.2. Site Description
The subject site is a 3.5 hectare irregularly shaped lot containing planted vegetation in the southern
half of the site. The site also contains an existing shed in the south western part of the site.
2.3. Surrounding Land Uses
The site adjoins the Cooroy cemetery to the west, residential uses to the south and east and
vacant, highly vegetated lots to the south that are zoned Medium density residential.
3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Community Facilities Zone Code;
• Cooroy Local Plan Code;
• Reconfiguring a Lot Code;
• Works Codes;
• Biodiversity, Waterways and Wetlands Overlay;
• Extractive Resources Overlay;
• Landslide Hazard Overlay.
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Reconfiguring a Lot Code
Acceptable Outcome AO5.2 of the Reconfiguring a Lot Code states ‘In general, lots have a
predominantly regular, rectangular shape.’ The proposed reconfiguration of lots results in two
irregular shaped lots, however it is noted that the existing lot is irregular in shape, with proposed
new lot boundaries being straight, resulting in Lot 2 being more regularly shaped than the existing
lot, whilst proposed Lot 100 remains irregular. Additionally, Noosa Plan 2020 does not include a
minimum lot size requirement for Community Facilities zoned land.
As advised by the applicant, the purpose of the development is to subdivide proposed Lot 100 for
future cemetery land and enable Lot 2 to be remediated from any land contamination. As such, the
proposed new lots are of a sufficient size and shape to accommodate any future use proposed on
the site. The proposal complies with the requirements of the Reconfiguring a Lot Code.
Provision of Services
Acceptable Outcome AO12.1 of the Reconfiguring a Lot Code states ’All lots are connected to
power supply and telecommunications services and where located within the Urban boundaries,
power supply and communications infrastructure are provided underground’. Additionally, AO12.2,
AO12.3 and AO12.4 requires that new lots can be connected to water supply, sewerage and
stormwater drainage networks. The applicant is not proposing to provide services to the lots as
part of the proposed subdivision.
Performance Outcome PO12 of the Reconfiguring a Lot Code states:
New lots are located, sized and configured so as to ensure each lot is capable of being serviced
by appropriate levels of infrastructure including:
(a) power supply;
(b) telecommunications; and
(c) where within Local Plan Areas
(d) reticulated water supply;
(e) reticulated sewerage; and
(f) stormwater drainage.
Performance Outcome PO50 of the Community Facilities Zone Code states ‘Development is
supported by adequate infrastructure and services including reticulated water, sewerage,
stormwater drainage, sealed roads, pathways, electricity and telecommunication infrastructure.
The applicant states that the proposed reconfiguration is to allow proposed Lot 100 to be utilised
for future cemetery land, whilst allowing Lot 2 to be remediated from contamination, and as such
‘this proposal is effectively a management lot subdivision to enable the remediation of Lot 2 from
land contamination in the short term’.
It is noted that Noosa Plan 2020 does not include any Uses as ‘accepted development’ within the
Community Facilities zone, and as such any future development on the site will be required to go
through an application process, allowing future opportunities for services to be conditioned as part
of a development approval. Therefore, it is agreed that service connections (stormwater, water,
sewer, electricity and telecommunications) and formalised access points are not required for the
subject application. Conditions are included in the recommendation requiring access, external
works and service connections to be provided as part of any further development of the site, which
will satisfy the servicing requirements of Noosa Plan 2020.
Biodiversity, Waterways and Wetlands Overlay
The subject site is mapped as containing Areas of Biodiversity Significance under the Biodiversity,
Waterways and Wetlands Overlay (refer to Figure 4).
It is noted that an Operational Works for vegetation clearing (OPW23/0190) was issued in February
2024, with the assessment of the application by Council’s Senior Environment Officer at the time
noting that, although identified by the Noosa Plan 2020 as an area of Biodiversity Significance, it
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was clearly demonstrated that the vegetation consists of non-native / non endemic plantation
species (including pine plantation & hard wood forest specie ‘Gympie Messmates’) planted for the
purpose of stabilisation and harvest. The areas approved for clearing include areas shown as
Vegetation Community 2 – VC2 and Vegetation Community 3 – VC3 on the approved plan (refer
to Figure 5).
AO2 of the Reconfiguring a Lot Code details that where clearing vegetation for Reconfiguring a Lot
that new boundaries of lots do not transect and fragment existing native vegetation. As indicated
above, the vegetation on site is non- native and boundaries and complies with the outcome.
Figure 4: Mapped area of biodiversity Figure 5: Excerpt of approved OPW23/0190 plan
significance
Extractive Resources Overlay
The subject site is mapped in the northern corner as being within the Resource Separation Area
under the Extractive Resources Overlay (refer to Figure 6).
The Extractive Resources Overlay Code requires that subdivision within this mapped separation
area does not create additional lots capable of being used for residential purposes. Although the
proposal is creating one additional lot, the proposed subdivision plan will not result in any additional
lots being located within the mapped Resource Separation Area (refer to Figure 3) (ie one lot only
will be affected by the overlay under the proposed subdivision design). It is also noted that the
quarry relating to the overlay is no longer operating, and that the site has been remediated and is
now an established rural residential development. The proposal therefore meets the requirements
of the overlay code.
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Figure 7: Mapped Resource Separation Area located in top corner
Flood Hazard Overlay
The subject site is mapped as flooding and inundation extent under the Flood Hazard Overlay
(refer to Figure 8). The mapping includes an approximate 100m2 area in the northern corner of the
lot and as such does not raise any concerns, noting any future development of the site will require
this portion of the lot to be truncated, resulting in the flood hazard area being located entirely within
the road reserve. Additionally, the proposal does not increase the number of lots within the mapped
hazard area. The proposal therefore meets the requirements of the Flood Hazard Overlay Code.
Figure 8: Mapped areas of flood hazard area
Landslide Hazard Overlay
The subject site is mapped as containing areas of moderate hazard area under the Landslide
Hazard Overlay (refer to Figure 9). Noosa Plan 2020 restricts new lots for residential development
on land with a slope of 25% or greater. The site drops from the south western portion of the site
(in proximity to the existing shed) down to the Lake Macdonald road frontage at an approximate
11% slope, and to the Dianella Court frontage at an approximate 8% slope. The proposal therefore
meets the requirements of Noosa Plan 2020.
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Figure 9: Mapped areas of moderate hazard area
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Coordinator Engineering, Development Assessment
5. 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 RAL24/0014 for Reconfiguring a Lot (1 Lot into 2 Lots) situated at
62 Lake Macdonald Dr, Cooroy and described as Lot 105 SP 118458, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL24/0014
Street address: 62 Lake Macdonald Dr Cooroy Qld 4563
Real property description: Lot 105 SP 118458
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot (1 Lot into 2 Lots)
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
When Conditions Must Be Complied With
1. 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.
Currency Period
2. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 29 August 2028,
unless an application to extend the currency period is approved by Council.
Approved Plans
3. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
100988-2 - Proposed Subdivision of Lot 105 on SP118458 5/07/2023
prepared by Murray & Associates
Stormwater Drainage
4. Stormwater runoff from the development must be disposed of on-site without causing scour
or damage to the subject site or any adjoining property.
Access and External Works
5. Formalised access must be provided as part of any subsequent development of Lot 2 and
Lot 100.
Services
6. Underground connections to reticulated water, sewer, electricity and telecommunication
services must be provided to Lot 2 and Lot 100 as part of any subsequent development of
Lot 2 and/or Lot 100. The connections must be in accordance with the standards and
requirements of the relevant service provider.
7. 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.
Easements
8. 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.
9. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee 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.
10. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks
11. All earthworks and associated retaining structures must be undertaken in accordance with
an Operational Works approval and contained entirely within the subject site unless written
permission from the respective landowner(s) is provided to Council.
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Damage to Services and Assets
12. 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:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. 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.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. 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
1. 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
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
Building and Construction Industry (Portable Long Service Leave) Levy
3. 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
4. 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
5. A preliminary Construction Management Plan must be submitted with the Operational Works
application and must address the following:
a. traffic management during all aspects of the construction phase including:
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i. a Traffic Management Control Plan in accordance with the Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
ii. maintenance of safe vehicle and pedestrian access for the areas affected by the
works during and after daily construction has ceased.
iii. proposed fencing to the site during the construction phase of the development.
iv. approval of the Traffic Management Control Plan by the Department of Transport
and Main Roads (DTMR) for any works on State controlled roads.
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines through the
construction site, through the implementation of appropriate erosion and sediment
control measures
c. works programme identifying key components of the works and their respective
durations
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic, services and other relevant issues
e. Include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details.
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any damage
to the existing road system as a result of haulage operations shall be fully repaired at
the applicant’s expense
i. it is acknowledged that the preliminary Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor employed
to construct the works and a final document will be required to be submitted at the Pre-
Start Meeting for the project.
8. PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
RAL24/0014 - Property Access
1. The following notation applies to approved Lot 2 and Lot 100:
Private Certifiers, owners and prospective purchasers are notified that access to the property
has not been constructed and special requirements apply to this parcel of land. Contact
Council's Planning Department for details.
RAL24/0014 - Services
2. The following notation applies to approved Lot 2 and Lot 100:
Private Certifiers, owners and prospective purchasers are notified that service connections
(water, sewer, electricity and telecommunications) to the property have not been constructed
and special requirements apply to this parcel of land. Contact Council's Planning Department
for details.
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9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Earthworks
11. SUBMISSIONS
Not applicable.
12. 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.
13. 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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