Negotiated Report (Representations made) RAL20 0024

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	RAL20/0024
Development Approval	Development Permit for Reconfiguring a Lot (Access Easement)
Applicant	Scott Kingsley Frew
Representations Received On	24 March 2021
Number of Submissions for Original Application	Not applicable

PROPERTY DETAILS
Property Address	1327 Cooroy Belli Creek Rd Ridgewood Qld 4563
RP Description	Lot 11 SP 216099
Land Area	157,400.00 m²
Existing Use of Land	Dwelling house

STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Rural
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Agricultural Land Biodiversity (Waterway) Bushfire (Potential Impact Buffer) Flood Hazard (Waterway) Landslide Hazard Regional Infrastructure (Water Resource Catchment, Water Supply Buffer Area
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit to Reconfigure a Lot (Access Easement) was approved on 15 March 2021.
The applicant made representations on 24 March 2021 to the development approval conditions. The representations are detailed below but primarily relate to Condition 7 relating to the design of the proposed easement being in accordance with Noosa Plan 2020.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 7
All easements must be designed in accordance with the planning scheme and granted at no cost to Council.
Applicant’s Representation

Assessment of Representation
The above representations have been referred to Council’s Engineering Coordinator, Development Assessment, who has provided the following comment:
‘the easements in question are unique and are not required to address all of the elements of the codes. I am in agreement with the reps to delete the condition.’
As such, the request to delete condition 7 is supported.
conclusion & reasons for decision
The applicant has made representations to delete Condition 7 due to the ‘vagueness’ of the condition. It is noted that due to the uniqueness of the easement, all elements of the relevant Noosa Plan 2020 codes in relation to easements are not required to be met. As such, it is agreed to delete condition 7 in order to reduce the ambiguity of the conditions of approval.
RECOMMENDATION
With regard to Application No. RAL20/0024, and the representations made, Council on 12 April 2021 decided to:
A.	Agree to delete Condition 7.
B.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Applicant’s Concerns response to Condition 7: Condition 7 above is considered too vague as
it does not identify which provision in the planning scheme needs to be complied with as a result of
this condition and also what aspect of the proposed design that this condition refers to.

The planning scheme is a lengthy document that makes various references to easements in a
number of situations. Condition 1 in Council’s Decision Notice states that — ‘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.’

The proposal plan referenced in Condition 1, being D-02778-01-B, was based on an accurate field survey
as explained in the development application, because among other things, it was considered essentially
to confidentially locate existing buildings with respect to existing and proposed cadastral boundaries.


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Condition 1 in Council's Decision Notice refers to Condition 7 being able to vary the proposed easement
boundaries as shown D-02778-01-B, but unfortunately Condition 7 does not confirm what aspects of the
proposed easement design is being referred to by Council. As a result it is unknown whether the
easement boundaries as shown on D-02778-01-B have been approved or not by Council.

Itis appreciated that Condition 7 may be a standard condition that Council often includes in development
approval that will result in the registration of an easement regardless of the proposed purpose/s of the
easement. In this particular development application the proposed easement design has in fact been
accurately determined as stated in the development application, although this may not be evident on the
proposal plan.

Amendment to Council’s Decision Notice as Requested by the Applicant:
That Condition 7 be deleted because Condition 1 is sufficient to detail the approved easement
boundaries.