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Delegated Report - Code - Planning RAL26 0015 (As Published) · RAL26/0015
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Development Planner, Matthew Pinese
Development Assessment
APPLICATION DETAILS
Application No. RAL26/0015
Applicant Franz Enterprises Pty Ltd
Proposal Reconfiguring a Lot - 1 Lot into 2 Lots & Access Easement
Properly Made Date 22 May 2026
Information Request Date 5 June 2026
Information Response Date 24 July 2026
Decision Due Date 11 September 2026
Report Reviewed & G.Schramm 4/9/2026
Finalised By
PROPERTY DETAILS
Property Address 434 Lake Cooroibah Road, Cooroibah Qld 4565
RP Description Lot 78 on SP116879
Land Area 30460m²
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 Soils
- Area 1 – 5 metres AHD or below
- Area 2 – Above 5 metres AHD to 20 metres AHD
• Biodiversity, Waterways and Wetlands
- MSES Environmental Values
- Area of Biodiversity Significance
- Riparian Buffer Area
Document Set ID: 24837619
Version: 14, Version Date: 07/09/2026
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• Bushfire Hazard Area
- Medium Potential Bushfire Intensity
- High Potential Bushfire Intensity
- Potential Impact Buffer
• Flood Hazard
- Flooding and Inundation Extent
• Landslide Hazard
- Moderate Hazard Area
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Reconfiguring a Lot - 1 Lot into 2 Lots & Access Easement.
The applicant proposes a building envelope over the most northern portion of Lot 7 in response to
site constraints. The proposed access easement follows the existing driveway.
Proposed reconfiguration results in two lots achieving 1.5 hectares respectively.
The applicant has provided an ecological assessment, effluent management plan, bushfire hazard
and management plan in support of the development application.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Subdivision Plan
2. SITE DETAILS
2.1. Site Description
The site has an existing dwelling house and associated outbuildings in the southeast corner. The
site is largely covered in vegetation, much of which is mapped under the Biodiversity, Waterways
and Wetlands Overlay. The entirety of the site is also covered by the Bushfire Hazard Area Overlay
– predominantly the High Potential Bushfire Intensity. There is a large pond in the northeast corner
of the site, which is approximately 3430 square metres. The lot is irregular in shape, with a road
frontage to Lake Cooroibah Road. of approximately 13m. The driveway is approximately 503m and
runs from Lake Cooroibah Road to the existing dwelling house in the southeast corner.
2.2. Surrounding Land Uses
The site is located at the western edge of Lake Cooroibah, being buffered by the Lake Cooroibah
Esplanade, which is zoned Environmental Management and Conservation and spans
approximately 20-40m in width. As such, the existing dwelling house is positioned within 40m of
the lake. The site fronts Lake Cooroibah Road and is part of a stretch of Rural Residential zoning
along the western edge of Lake Cooroibah, also being buffered from the lake by the Lake
Cooroibah Esplanade. Further to the north is Rural zoned land and further to the west and south
is Environmental Management and Conservation zoned land. The subject site slopes gradually
down to the middle section of the lot from the road frontage. The existing dwelling house is at the
top of a steep slope, dropping off in all directions.
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 (20 March 2026).
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3.2. 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;
• Biodiversity, Waterways and Wetland Overlay Code;
• Bushfire Hazard Area Overlay Code.
The subject site is located in Cooroibah and is zoned Rural Residential. The proposal is identified
as a consistent form of development 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
Minimum Lot Size 1.5 hectares (15,000m2) Proposed Lot 7 - 15,244m2
Proposed Lot 8 -15,205 m2
Reconfiguring a Lot Code
PO6
Development provides for irregular shaped lots to be created only where:
a. the creation of regular lots is impractical such as at a curve in the road or because of
topographical constraints;
b. safe access and visual exposure to and from the site can be provided, while not
adversely impacting on the functionality of the surrounding road network;
c. it is desirable to avoid clearing of vegetation and the fragmentation of habitat in
ecologically important areas; and
d. the irregular lot is demonstrably suitable for its intended purpose.
Assessment Against PO6 – Reconfiguring a Lot Code
The proposed subdivision results in irregularly shaped lots. However, this outcome is appropriate,
justified, and consistent with PO6 for the following reasons:
• The subdivision layout has been designed to respond to the site's natural landform, avoiding
extensive cut and fill and ensuring that lot boundaries follow terrain and functional access
requirements. Accordingly, the resulting irregular lot configuration represents a practical and
context-responsive solution.
• The proposed reconfiguration provides safe vehicular access and adequate visual exposure
to and from each lot, as demonstrated on the approved subdivision plan. The retention of the
existing driveway access minimises new crossover creation and ensures clear sightlines,
appropriate grades, and safe manoeuvring for vehicles. Importantly, the proposal does not
introduce additional access points that would compromise traffic safety or the operational
efficiency of the surrounding road network. As such, the subdivision meets PO6(b) by
maintaining access safety while avoiding adverse impacts on the functionality of the road
system.
• The subdivision design intentionally aligns lot boundaries and access infrastructure to enable
the retention of established vegetation across the site. The proposal minimises clearing and
reduces fragmentation of vegetation, consistent with ecological protection objectives. This
outcome is particularly important given the site’s environmental context and reinforces that
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irregular lot creation is desirable in this instance to protect ecological values. The proposal
therefore directly satisfies PO6(c).
• Each irregularly shaped lot remains demonstrably suitable for its intended rural residential
purpose. The lots provide sufficient area, appropriate building envelopes, onsite wastewater
treatment areas, functional access arrangements, and the capacity to accommodate
compliant development in accordance with the Noosa Plan. The irregularity of the lot shapes
does not compromise development potential, amenity, or functionality; rather, it reflects a
design response that works with the site’s physical constraints rather than against them.
Consequently, the irregular lot configuration is appropriate and justified in planning terms.
While the subdivision results in irregular lot shapes, the proposal clearly satisfies all elements of
PO6. The irregular lots arise from constraints relating to topography, vegetation retention, and
access, maintain safe and functional connections, minimise environmental impacts, and remain
fully suitable for their intended purpose. The development therefore achieves the planning intent
of the Reconfiguring a Lot Code and the broader outcomes of the Noosa Plan 2020.
Rear Lot, Lot Size
Building Envelope
AO21.1
The minimum area of the rear lot, exclusive of any access strip, complies with the lot
reconfiguration outcomes in Table 9.5.1.4 Minimum lot size and dimensions providing that no
rear access lot has a lot size less than 600m2 exclusive of access strip.
Proposed Lot 7, excluding the access handle has a proposed lot size less than 1.5 hectares, as
such the development is required to address PO21 of the Reconfiguring a Lot Code, which states:
PO21
Rear (battle-axe) lots are created only where:
a. it would not be desirable nor practicable for the site to be reconfigured so that all lots have
full frontage to a road;
b. located in the Low density residential zone, Rural residential zone or Rural zone;
c. development positively contributes to the character of the neighbourhood;
d. development provides a high standard of amenity for residents and other users of the rear
lot and adjoining properties;
e. the lot is large enough to accommodate anticipated land uses including car parking and
manoeuvring;
f. development is not detrimental to the use and amenity of adjoining lots through loss of
privacy, sunlight or breezes once buildings are constructed;
g. vehicular access to rear lots will not have a detrimental impact on lots adjoining the access
strip due to excessive noise, light, dust, stormwater runoff and the like;
h. access arrangements do not adversely affect the safety and efficiency of the road from
which access is gained;
i. their creation does not prejudice the anticipated development of adjoining land.
Assessment Against PO21 – Reconfiguring a Lot Code
The approved subdivision plan creates a rear lot arrangement within the Rural Residential zone,
with access achieved via an access easement/handle from Lake Cooroibah Road. Having regard
to the site’s narrow frontage of approximately 13 metres, its irregular form, existing long driveway
alignment, vegetation constraints, bushfire hazard mapping and the location of the existing dwelling
in the south-eastern part of the site, a conventional frontage-based subdivision would not be
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desirable or practicable. The rear lot arrangement is therefore an appropriate response to the
physical and environmental constraints of the land.
The proposal satisfies PO21(a) because the existing narrow road frontage and constrained internal
layout make it impractical to provide full road frontage to both lots without an inefficient and
environmentally disruptive subdivision design. It satisfies PO21(b) because the land is zoned Rural
Residential, being one of the zones in which rear lots may be contemplated. In relation to PO21(c)
and PO21(d), the subdivision maintains the established rural residential character of Lake
Cooroibah Road by retaining large lots, avoiding urban-style subdivision outcomes, and enabling
future residential development to be contained within nominated building envelopes. This supports
a high standard of residential amenity for future occupants and adjoining properties, particularly by
maintaining separation distances, vegetation buffers and a low-density built form.
The rear lot is of sufficient size to accommodate its intended rural residential use, including a
dwelling, associated private open space, wastewater treatment area, car parking and vehicle
manoeuvring. The approved plan and recommended conditions require future dwellings and
wastewater treatment areas to be located within nominated building envelopes and outside
relevant setbacks, which assists in ensuring that the development remains functional and
compatible with the site’s environmental constraints. The scale of the lots and the location of
building envelopes also ensure that future buildings are unlikely to result in unacceptable loss of
privacy, sunlight or breezes to adjoining land, satisfying PO21(e) and PO21(f).
Vehicular access will utilise the existing access arrangement from Lake Cooroibah Road and is to
be secured by easement. This limits the need for additional access points and avoids adverse
impacts on the safety and efficiency of Lake Cooroibah Road. Given the substantial lot sizes, length
of access, separation from adjoining dwellings, and the ability to manage stormwater runoff on-
site, the access arrangement is not expected to create unreasonable impacts from noise, light,
dust, stormwater or similar matters for adjoining properties. The proposal therefore satisfies
PO21(g) and PO21(h).
The creation of the rear lot will not prejudice the anticipated development of adjoining land. The
subdivision reflects existing site features and access arrangements, maintains large rural
residential allotments, and does not rely on adjoining land for access, services or building siting.
Subject to the recommended conditions relating to building envelopes, access, easements,
stormwater, vegetation rehabilitation and bushfire management, the rear lot arrangement is
considered to achieve the outcomes sought by PO21 of the Reconfiguring a Lot Code.
Lot Layout
AO7.3
All reconfigured lots on land subject to a constraint 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.
The proposed vacant lot (Lot 7) contains a 1116m2 building envelope. The envelope area contains
mapped overlay areas, including the Biodiversity, Waterways and Wetlands, Bushfire Hazard and
Flood Hazard overlays. As such, the development is required to address the PO7 of the
Reconfiguring a Lot Code, which states:
Site Responsive Design
PO7
Development provides for a lot layout and configuration of roads and pathways that is responsive
to:-
a. the setting of the site within an urban or non-urban context;
b. any natural environmental values present on, or adjoining the site;
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c. any natural hazards affecting the site or adjoining land such that the number of
properties or persons at risk is not increased;
d. the terrain of the land, minimising the need for earthworks;
e. any places of cultural heritage significance or character areas present on, or adjoining
the site; and
f. any important landmarks, views, vistas or other areas of high scenic quality present on,
or able to be viewed from, the site.
Assessment Against PO7 – Reconfiguring a Lot Code
The proposed lot layout is responsive to the site’s Rural Residential setting, retaining and maintains
the low-density residential character of the locality. The subdivision retains large lots and using lot
sizes, uses the existing access handle from Lake Cooroibah Road rather than creating a new
access. The proposed configuration reflects the existing pattern of rural residential development
along Lake Cooroibah Road, while providing a practical building envelope for the vacant lot. The
layout also responds appropriately to the site’s environmental values and mapped hazards. The
proposed boundary and building envelope have been located to minimise native vegetation
clearing, maintain ecological linkages and provide a suitable dwelling area. Bushfire risk is
addressed through the nominated building envelope and recommended bushfire management
conditions, while stormwater can be managed on-site without impacting adjoining land. The layout
appropriately responds to the natural environmental values present on and adjoining the site.
The Senior Environment Officer notes that the site contains native vegetation mapped as priority
biodiversity and riparian buffer, and is also mapped as priority koala habitat, with a small area of
core koala habitat along the northern boundary. However, the ecological assessment concludes
that the proposal will not impact regulated vegetation, threatened flora, essential habitat, koala
habitat, fish habitat areas, significant wetlands or significant environmental corridor values.
Although the new boundary traverses land mapped as riparian, it is sparsely vegetated and the
proposed fenceline has been sited to minimise native vegetation clearing. The layout therefore
maintains ecological linkages and, subject to the recommended rehabilitation conditions,
appropriately responds to the site’s biodiversity values.
The proposal minimises the need for earthworks by using the existing driveway alignment and
avoiding substantial new access works. It does not adversely affect any identified cultural heritage
place, character area, landmark, view or area of high scenic quality. Subject to the recommended
conditions for building envelopes, rehabilitation, bushfire management, access, easements,
stormwater and earthworks, the proposal satisfies PO7. The development also responds
appropriately to natural hazards affecting the land.
The site is mapped within the Bushfire Hazard Area Overlay and is affected by flood and other
mapped constraints; however, a Bushfire Hazard Assessment and Management Plan has been
prepared and the Senior Environment Officer confirms that proposed Lot 7 contains sufficient area
to establish a future dwelling in accordance with the Bushfire Hazard Overlay and the State
Planning Policy for natural hazards.
A building envelope has been nominated for the future dwelling and conditions require future
buildings to be located within that envelope and constructed in accordance with the bushfire
management recommendations. This ensures the reconfiguration does not materially increase the
number of persons or properties exposed to unacceptable bushfire risk.
Flood and stormwater risks are also capable of being managed through on-site stormwater
disposal, with the Senior Development Engineer recommending a condition requiring runoff to be
disposed of on-site without causing scour or damage to the subject site or adjoining land.
Riparian Buffer – Biodiversity, Waterways and Wetlands Overlay
A detailed ecological assessment was provided with the application material, including assessment
against the relevant provisions of the Biodiversity, Waterways and Wetlands Overlay Code.
The ecological assessment has determined the following:
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• No mapped ‘endangered’/’of concern’/’least concern’ regulated vegetation will be impacted
by the proposed development.
• No threatened flora species nor any marine plants will be impacted by the proposed
development.
• Ongoing forage/refuge/dispersal habitat within retained vegetation (particularly adjacent to
the northern property boundary) will be facilitated by the proposed development.
• No mapped ‘essential habitat’ will be impacted by the proposed development.
• No mapped ‘koala habitat’ will be impacted by the development, and the proposal
additionally complies with assessment benchmarks under Schedule 11, Part 2 of the
Planning Regulation 2017.
• No declared/gazetted ‘fish habitat areas’ will be impacted by the proposed development.
• Development impacts are appropriately setback from Lake Cooroibah within the ‘riparian
buffer area’ designation.
• No significant wetland/waterways values will be impacted by the proposed development.
• No significant environmental corridor/connective habitat values will be fragmented by the
proposed development.
Potential impacts
- The new boundary traverses land mapped as riparian on the BWW Overlay.
- The proposal will require minor/selective removal of native trees from the site to establish
the building envelope.
Avoidance/mitigation measures:
- While the new boundary traverses land mapped as riparian, the area is only sparsely
vegetated and the proposed fenceline has been sited to avoid any clearing of native
vegetation.
- It is considered the proposal would result in an improved biodiversity outcome as the
current boundary is vegetated and mapped as biodiversity. This patch of vegetation is
currently subject to clearing exemptions for fenceline clearing that would no longer apply.
- The design ensures ecological linkages are maintained.
In accordance with AO2 (a) of the Biodiversity, Waterways and Wetlands Overlay Code new lot
boundaries should not transect and fragment existing native vegetation.
PO5 of the Reconfiguring a Lot Code requires that new lots have areas and dimensions that allow
for the construction of buildings while retaining the scenic amenity and vegetated character of the
landscape. The proposed new lot boundary has been sited to avoid the requirement for any native
vegetation clearing. It is considered that unforeseen impacts for the construction and maintenance
of a fenceline are unlikely to result in a significant impact to biodiversity.
Overall, it is considered that, subject to implementation of the recommendations outlined in Section
7 of the Ecological Assessment, the development is consistent with the purpose and overall
outcomes of the Noosa Plan Biodiversity, Waterways and Wetlands Overlay Code.
Giving due consideration to the application material, it is considered the proposed is generally in
accordance with the intended outcomes of the Noosa Planning Scheme 2020, Biodiversity,
Waterways and Wetlands Code.
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AO2 Where clearing vegetation for the purpose of Reconfiguring a Lot:
a. new boundaries to lots do not transect and fragment existing native vegetation;
b. 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;
c. building envelopes are designated for each lot; and
d. ecological linkages and ecologically important areas are secured by environmental
covenant or transferred to public ownership or through gazettal of a nature reserve.
PO2 New lots are only created if they maintain ecological linkages and minimise
the clearing of vegetation.
Assessment of AO2/PO2 of the Biodiversity, Waterways and Wetlands Overlay Code
The proposal is considered to satisfy PO2 and to generally comply with AO2. The site contains
native vegetation, including areas mapped as priority biodiversity and riparian buffer under the
Biodiversity, Waterways and Wetlands Overlay. The ecological assessment and internal
environmental referral confirm that no mapped regulated vegetation, threatened flora, essential
habitat, mapped koala habitat, fish habitat areas, significant wetland values, waterway values or
significant environmental corridor values will be impacted by the development. The assessment
also identifies that ongoing forage, refuge and dispersal habitat within retained vegetation,
particularly adjacent to the northern property boundary, will be maintained. Although the proposed
new boundary traverses land mapped as riparian on the overlay, the affected area is described as
sparsely vegetated and the proposed fenceline has been sited to avoid the clearing of native
vegetation. The subdivision layout also nominates a building envelope for proposed Lot 7 and
locates future development within a defined area that responds to the mapped constraints and
seeks to avoid unnecessary vegetation loss. The proposal therefore minimises clearing for the
purpose of reconfiguring the lot and maintains ecological linkages across the site.
Strictly, AO2(a) seeks that new boundaries do not transect and fragment existing native vegetation.
In this case, any technical departure is considered minor and acceptable because the boundary
alignment avoids clearing, the area crossed is of limited ecological value, the design maintains
ecological linkages, and the recommended rehabilitation conditions will secure the implementation
of the ecological assessment recommendations. On this basis, the proposal achieves PO2 by
maintaining ecological connectivity and minimising vegetation clearing.
AO6.1 Development and clearing of vegetation does not occur within:
a. a riparian buffer area;
b. a wetland area; or
c. 10 metres either side of the centre line of other waterways identified on a Biodiversity,
Waterways and Wetlands Overlay Map.
PO6 The biodiversity and ecosystem values of waterways, wetlands and adjacent riparian
zones are protected by:
a. avoiding any new development in a riparian buffer area and wetland area;
b. retaining aquatic and terrestrial habitat in riparian zones;
c. maintaining and enhancing wildlife corridors and connectivity along watercourses
and drainage lines for native fauna movement;
d. avoiding edge effects and damage from adjacent land uses;
e. maintaining stream integrity and bank stability by minimising bank erosion and slumping;
f. maintaining water quality through filtering sediments, nutrients and other pollutants; and
g. removing pest species and replacing them with local native species.
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Assessment of AO6.1/PO6 of the Biodiversity, Waterways and Wetlands Overlay Code
The proposal is considered to achieve PO6 and to be acceptable having regard to AO6.1. The
Biodiversity, Waterways and Wetlands Overlay identifies riparian buffer values on the site
associated with Lake Cooroibah and mapped riparian vegetation. The ecological assessment
confirms that development impacts are appropriately setback from Lake Cooroibah within the
riparian buffer designation and that no significant wetland, waterway, fish habitat, or environmental
corridor values will be impacted by the proposed development.
The proposed reconfiguration does not involve new development or vegetation clearing within the
riparian buffer area adjoining Lake Cooroibah. While the new lot boundary traverses land mapped
as riparian under the overlay, the boundary itself does not constitute a built development footprint
and the associated fenceline has been located to avoid clearing native vegetation. The mapped
area affected by the boundary is identified as sparsely vegetated, and the subdivision design
retains the vegetation that contributes to aquatic and terrestrial habitat values.
The proposal maintains wildlife connectivity along the vegetated northern part of the site and avoids
fragmentation of significant environmental corridor values. Conditions requiring implementation of
the approved Rehabilitation Management Plan will assist in maintaining and improving riparian and
biodiversity values, including rehabilitation of identified areas with appropriate native species.
Stormwater is also required to be managed on-site without causing scour or damage to the subject
site or adjoining land, which assists in maintaining water quality and bank stability. Subject to these
conditions, the development protects the biodiversity and ecosystem values of waterways,
wetlands and adjacent riparian zones and therefore achieves PO6.
4. CONSULTATION
4.1. Referral Agencies
The application was required to be referred to SARA under Schedule 10, Part 17, Division 3, Table
5, Item 1 of the Planning Regulation 2017. This referral was for development for reconfiguring a lot
in a coastal management district. On 25 June 2026, a Referral Agency Response with conditions
was given by SARA. SARA conditioned that the development be carried out in accordance with
the approved Subdivision Plan.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer, Development Assessment
Council’s Senior Development Engineer has provided a memo dated 18 August 2026, which
includes the details of their assessment and recommended conditions.
• Senior Environment Officer – Engineering, Development Assessment
Council’s Senior Environment Officer has provided a memo dated 17 August 2026, which
includes the details of their assessment and recommended conditions.
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.
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RECOMMENDATION
With regard to Application No RAL26/0015 for a Reconfiguring a Lot - 1 Lot into 2 Lots & Access
Easement situated at 434 Lake Cooroibah Road, Cooroibah Qld 4565 and described as Lot 78 on
SP116879, it is recommended the application be approved in accordance with the following details
for the Decision Notice:
1. APPLICATION DETAILS
Application No: RAL26/0015
Street address: 434 Lake Cooroibah Road, Cooroibah Qld 4565
Real property description: Lot 78 on SP116879
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Reconfiguring a Lot - 1 Lot into 2 Lots & Access Easement
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
PLANNING
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 9 September 2030,
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
LAK08_ECA B Reconfiguration of Lot 434 Lake Cooroibah July 2026
Sheet 1 of 1 Road Cooroibah Lot 78 SP116879,
prepared by Pivotal Perspective
4. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Plan of Development
5. All future dwellings and wastewater treatment systems on the approved Lot 7 must be sited
and constructed in accordance with the approved building envelopes shown on the Approved
Plans. A copy of the approved Plan of Development must be included in the contract of sale
for the approved lots, together with a clause which requires future dwellings to be constructed
in accordance with it.
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6. The applicant must prepare a metes and bounds building envelopes plan indicating House
site areas and effluent disposal areas for the proposed lots. The areas must be in accordance
with the approved plan titled Plan of Proposed Reconfiguration of Lot 48 on SP216299,
prepared by, Max Watterson + Associates and dated 01 July 2025. The plans must be
submitted in both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
applicant must submit the plans to Council for approval prior to the endorsement of the Plan
of Survey.
Boundary Encroachments
7. Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
comply with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice;
b. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement;
c. all utility services and connections (e.g. electricity, telecommunications, water,
sewerage) are wholly located within the lot they serve or alternatively included within
an easement;
d. all existing effluent disposal areas are wholly located within the lot they serve and
comply with the boundary setback requirements of the Plumbing and Drainage Act
2002 and associated codes and requirements;
e. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot;
f. all retaining walls and structures are fully contained within the lot they retain;
g. any fill, including fill batters, are wholly contained within the subject site and not on
adjacent properties; and
h. for the community title scheme, the road pavement changes required by this Decision
Notice accurately demarcate the boundaries of the public and private land.
ENVIRONMENTAL
Land Rehabilitation
8. Prior to Plan Seal, a report must be submitted to Council from a qualified person* which
certifies that the development has been constructed in accordance with the Approved
Rehabilitation Management Plan and Land Rehabilitation conditions of this Decision Notice.
9. The land area identified for rehabilitation must be rehabilitated by a suitably qualified person,*
in accordance with the Approved Rehabilitation Management Plan listed with this Decision
Notice.
*(Refer to Advisory Note)
Bushfire Management – Reconfiguration Requirements
10. A clause must be included in the contract of sale for Lot 7 which requires future dwellings to
be constructed within the building envelopes shown on the Approved Plans listed within this
Decision Notice.
11. A copy of the Bushfire Hazard Assessment and Management Plan listed within this Decision
Notice must be provided to the nearest fire authority.
12. Prior to Plan Seal, certification must be submitted to Council from a qualified person* which
certifies that the development has been constructed in accordance with the bushfire
management conditions of this Decision Notice.
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Bushfire Management – Future Dwelling Requirements
13. All future dwellings on the approved Lot 7 must be sited within the building envelopes shown
on the Approved Plans.
14. All future dwellings on the approved Lot 7 must be sited and/or constructed in accordance
with section 6 of the Bushfire Hazard Assessment and Management Plan listed within this
Decision Notice.
ENGINEERING
Property Access and Driveways
15. A residential driveway must be constructed off the existing access handle to service
proposed Lot 7.
16. Vehicle access to Lot 7 & 8 is limited to the constructed driveway only. A clause must be
included in the contract of sale for Lots 7 & 8 which requires vehicle access to be from the
constructed driveway only, and which prohibits the driveway from being relocated without
Council agreement.
Stormwater Drainage
17. 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
18. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
19. 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.
20. 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
21. An easement for the purpose of access and services must be registered against the titles of
the properties in favour of proposed Lot 7. The easement must be sized to provide Lot 7 with
vehicle access and include areas required for vehicle manoeuvring.
22. 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.
23. 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.
24. 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 and Retaining Walls
25. All earthworks and associated batters/retaining structures, both above and below ground
level, both temporary and permanent, 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
26. 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
Plan No. Rev. Plan/Document Name Date
LAK08 A Basic Ecological Site Assessment prepared by May 2026
Urban Forest Concepts
LAK08 A Rehabilitation Management Plan prepared by May 2026
Urban Forest Concepts
J001445 2 Bushfire Hazard Assessment and Management 8 May 2026
Plan prepared by North Coast Environmental
Services
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
Qualified Person
2. For the purpose of preparing a Rehabilitation Plan, and for preparing reporting of compliance
with Land rehabilitation requirements of this Decision Notice, a qualified person is considered
to be a landscape architect or ecologist with a minimum of 3 years current experience in the
field of landscape design and land rehabilitation.
3. For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
with the bushfire requirements of this Decision Notice, a qualified person is considered to be
an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
and management.
Building and Construction Industry (Portable Long Service Leave) Levy
4. 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.
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Plan Sealing
5. All works required by this permit must be completed and accepted by Council prior to
submitting an application for plan sealing.
Biosecurity Act 2014 – Fire Ant Control
6. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
8. PROPERTY NOTES
RAL26/0015 – Ecological Preservation
1. The following notation applies to approved Lot 7:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by
Council Approval RAL26/0015 to be constructed within the building envelope nominated on
the approved Lot Reconfiguration proposal plan (see Council file reference RAL26/0015).
RAL26/0015 – Bushfire Management
2. The following notation applies to approved Lot 7:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL26/0015.
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 Building Works All building work.
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 online at
www.noosa.qld.gov.au or at Council Offices.
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