Council archive · source document
Planning Report No. 100774 · RAL22/0012
PLANNING REPORT
NO. 100774
Application for a Development Permit for a Reconfiguring a Lot by Boundary
Realignment (2 Lots into 2 Lots), involving land described as Lots 476 & 477 on
SP263772, situated at 40 Crawfords Rd, Black Mountain QLD 4563
Prepared on behalf of M Williams & G Palumbo
June 2022
Murray & Associates (Qld) Pty Ltd ACN 075 543 154 ABN 81 075 543 154 www.mursurv.com [email protected]
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 23 pages
Page 2
Contents
Contact Details ..................................................................... 1
1.0 Summary ...................................................................... 2
2.0 Introduction ................................................................. 3
3.0 Characteristics of the Site and Surrounding Area ......... 4
3.1 Overview ............................................................................... 4
3.1.1 Location of Subject Site ................................................. 4
3.1.2 Zoning Designation ....................................................... 4
3.1.3 Surrounding Land Uses ................................................. 5
3.1.4 Current Registered Landowner ....................................... 5
3.1.5 Existing On-Site Improvements ...................................... 5
3.1.6 Dimensions, Easements, Shape and Topography .............. 6
3.1.7 Access and Services ...................................................... 6
4.0 Proposed Subdivision ................................................... 7
4.1 Development Details ............................................................... 7
4.1.1 Proposed Lot Areas and Road Frontages .......................... 7
4.1.2 Access and Services ...................................................... 8
4.1.3 Stormwater Management .............................................. 8
4.1.4 Waste Management ...................................................... 9
5.0 Local Planning Matters ............................................... 10
5.1 Level of Assessment ..............................................................10
5.2 Overall Outcomes for the Rural Zone .......................................10
5.3 Relevant Codes .....................................................................11
5.4 Overlay Codes .......................................................................12
5.4.1 Agricultural Land Overlay .............................................13
5.4.2 Biodiversity, Waterways and Wetlands Overlay ...............13
5.4.3 Bushfire Hazard Overlay ...............................................13
5.4.4 Landslide Hazard Overlay .............................................14
6.0 State Planning ............................................................ 15
6.1 Referral Agencies ..................................................................15
i
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 3
6.2 State Planning Policy ..............................................................15
7.0 Conclusions and Recommendations ............................ 16
ii
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 4
Figures
Figure 1 – Locality Map
Figure 2 – Zoning Map
Appendices
Appendix A – Current Title Searches
Appendix B - Survey Plan & SmartMap
Appendix C – Plan of Development, Plan No. 100774
Appendix D – Code Assessment
iii
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 5
Contact Details
Murray & Associates (Qld) Pty Ltd Contact: Chris Page
Planning & Surveying Consultants Address: PO Box 246
Nambour, Qld 4560
Phone: (07) 5441 2188
Email: [email protected]
1
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 6
1.0 Summary
SITE DETAILS
Address 40 Crawfords Rd, Black Mountain QLD 4563
Real Property Lots 476 & 477 on SP263772
Description
Subject Land Area 1,637,025m2 (163.7ha)
Local Authority Noosa Shire Council
Current Registered
Morgan Williams & Giuseppe Palumbo
Landowners
PLANNING SCHEME DESIGNATIONS
Local Government Noosa Shire Council
Planning Scheme Noosa Plan 2020
Zoning Map Zone Map ZM-3 (Noosa Shire Part 3)
Zone Rural Zone
APPLICATION DETAILS
Applicant M Williams & G Palumbo
Reconfiguring a Lot by Boundary Realignment (2
Proposal
Lots into 2 Lots)
Application Type Development Permit
Level of Assessment Code Assessment
2
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 7
2.0 Introduction
Murray & Associates (Qld) Pty Ltd have been commissioned to prepare this Planning
Report on behalf of M Williams & G Palumbo in support of an Application for a
Development Permit for a Reconfiguring a Lot by Boundary Realignment (2 Lots into
2 Lots), involving land described as Lots 476 & 477 on SP263772, situated at 40
Crawfords Rd, Black Mountain.
The Current Registered Landowners of the subject site, being Morgan Williams &
Giuseppe Palumbo (refer to Appendix A for a copy of the Current Title Search) have
provided written consent to the proposed development by signing the Individual
Owner’s Consent Form which are attached to DA Form 1 – Development Application
Details.
The subject site comprises a total area of 1,637,025m2 (163.7ha) and is included
within the Rural Zone in accordance with Zoning Map ZM3 of the Noosa Plan 2020.
The proposed development is ‘Code Assessable’, as determined in accordance with
Part 5 - Tables of Assessment, Section 5.6, Categories of Development and
Assessment – Reconfiguring a Lot, Table 5.6.1, Reconfiguring a Lot of the Noosa Plan
2020.
The purpose of this Town Planning Report is to provide a detailed overview of the
proposed development in relation to the characteristics of the subject site, the local
area and the applicable local and state government planning regulations. In this
regard, an assessment has been undertaken in relation to the applicable
development and overlay codes of the Noosa Plan 2020 and should be read in
conjunction with the supporting information included within the Figures and
Appendices of this report, as well as attached DA Form 1.
3
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 8
3.0 Characteristics of the Site and Surrounding Area
3.1 Overview
3.1.1 Location of Subject Site
The subject site is located at 40 Crawfords Rd, Black Mountain and is legally
described as Lots 476 & 477 on SP263772. The subject site is located approximately
9km from Cooroy to the east. Figure 1 below provides a locality map, which
identifies the location of the subject site in relation to the surrounding area.
Figure 1: Locality Map
3.1.2 Zoning Designation
The subject site is located within the Rural Zone, in accordance with Zoning Plan Map
No. 3 of the Noosa Plan 2020. An extract copy of Zoning Plan Map No. 3 is provided
below at Figure 2 of this report and identifies the site in relation to the surrounding
area.
4
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 9
Figure 2: Zoning Map
3.1.3 Surrounding Land Uses
Adjoining allotments to the north, east, west and south are likewise included within
the Rural Zone. The site is surrounded by rural and low scale residential uses.
3.1.4 Current Registered Landowner
The Current Registered Landowners of the subject site are Morgan Williams &
Giuseppe Palumbo as confirmed the Current Title Searches, included at Appendix A
of this report.
3.1.5 Existing On-Site Improvements
The subject site currently contains an existing dwelling house use and associated
shed within Lot 477. The remainder of the site is a mixture of cleared areas and
vegetated areas (the majority of which are under covenant).
5
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 10
3.1.6 Dimensions, Easements, Shape and Topography
The subject site is irregular in shape and comprises an area of 163.7ha of varying
topography. For complete site dimensions, please refer to the Survey Plan and
SmartMap included within Appendix B of this report. In addition, it is noted that the
subject site is not encumbered by any easements in favour of a third party.
3.1.7 Access and Services
The existing access point from the site’s eastern frontage to Crawfords Road is clearly
demonstrated on the Plan of Development contained at Appendix C. The access
driveway is constructed to a suitable rural standard.
The rural location of the site ensures that it is provided access to the following level of
rural infrastructure services available to the Black Mountain area:
➢ On-site effluent disposal;
➢ On-site supply of water;
➢ A reticulated supply of electricity; and
➢ A reticulated supply of telecommunications.
6
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 11
4.0 Proposed Subdivision
4.1 Development Details
The proposed development seeks approval for a Development Permit for a
Reconfiguring a Lot by Boundary Realignment (2 Lots into 2 Lots), involving land
described as Lots 476 & 477 on SP263772, situated at 40 Crawfords Rd, Black
Mountain.
The proposed reconfiguration seeks to realign the two allotments using the common
boundary in order to accommodate the existing dwelling on the larger allotment,
which is fairly constrained in its current arrangement. The proposed development
represents a logical boundary realignment which will allow for the suitable siting of
rural dwelling houses on each allotment, with appropriate and safe access to each
from the established road network.
The proposed boundary realignment layout is clearly depicted on Plan of
Development, Plan No. 100774 prepared by Murray and Associates (Qld) Pty Ltd and
attached in Appendix C of this Report.
4.1.1 Proposed Lot Areas and Road Frontages
The subject site incorporates an area of 163.7ha, and following approval of the
proposed realignment, the following areas will apply for each realigned lot (refer to
the Plan of Development, Plan No. 100774 prepared by Murray & Associates (Qld)
Pty Ltd and attached at Appendix C in conjunction with the table below):
Proposed Lot Number Area
Lot 476 158.9ha
Lot 477 4.93ha
Table 9.5.1.4 – Minimum Lot Size stipulates that the minimum lot size for newly
created lots is 100ha in the Rural Zone. Whilst it is acknowledged that the Proposed
Lots do not achieve this area, due to the nature of the existing site layout and the
total area of the site not exceeding 200ha, the proposed boundary realignment is
considered suitable in this instance as it does not result in fragmentation of rural
7
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 12
land. As such, the proposed development is representative of a logical boundary
realignment that remains consistent with the character & amenity of the Rural Zone.
4.1.2 Access and Services
Both lots will continue to utilise the existing access location from Crawfords Road
along the eastern boundary. The access for the newly realigned smaller lot will be
located adjacent to the existing access driveway for the dwelling house (to be
contained within the newly realigned larger lot) and will be separately gated. The
gated and driveway are pictured below:
Both lots will continue to utilise the existing services on the site. The existing
reticulated supply of electricity and telecommunication are able to be extended to
service any future dwelling on reconfigured Lot 477. Furthermore, there is sufficient
room on Proposed Lot 477 for the establishment of an on-site water supply and an
effluent disposal area.
4.1.3 Stormwater Management
Stormwater will continue to be discharged over the expansive site. As such, a lawful
point of discharge is achieved for the proposed allotments and non-worsening is
achieved for surrounding allotments.
8
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 13
4.1.4 Waste Management
Adequate room is present on the Crawfords Road frontage for residents to wheel
their bins to the kerbside for on-street collection. On-street waste collection is also
the method servicing surrounding properties.
9
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 14
5.0 Local Planning Matters
5.1 Level of Assessment
As stated under Section 1.0 and Section 2.0 of this report, the proposed development
requires ‘Code Assessment’, as determined in accordance with Part 5 - Tables of
Assessment, Section 5.6, Categories of Development and Assessment –
Reconfiguring a Lot, Table 5.6.1, Reconfiguring a Lot of the Noosa Plan 2020.
As such, an overview and assessment of the applicable development codes has been
undertaken as part of this report, and is detailed within Section 5.2 and Section 5.4
below as well as within Appendix D.
As the proposed development is a consistent, code assessable development outcome,
an assessment against the Strategic Framework is not deemed necessary.
5.2 Overall Outcomes for the Rural Zone
The intent of the Rural Zone Code is described and commented on below, as detailed
in accordance with Section 6.8.3.2 – Rural Zone Code of the Noosa Plan 2020.
1. The purpose of the Rural zone is to:
1. provide for rural uses and activities; and
2. provide for other uses and activities that are compatible with:
1. existing and future rural uses and activities; and
2. the character and environmental features of the zone; and
3. maintain the capacity of land for rural uses and activities by protecting and
managing significant natural resources and processes.
2. The overall outcomes sought for the Rural zone are as follows:-
1. The establishment of a wide range of rural activities is facilitated, including animal
husbandry, aquaculture, cropping, horticulture, roadside stalls, rural industries,
forest practices, wholesale nurseries and other primary production and compatible
uses.
2. The viability of existing and future rural activities is protected from the intrusion of
incompatible uses.
3. Areas for primary production are conserved and lot fragmentation is avoided.
4. Existing extractive industries and key resource areas are protected from the intrusion
of incompatible uses.
5. Rural activities embrace sustainable land management practices and contribute to
the amenity and landscape of the area. Livestock enterprises are predominantly
pasture fed, free range operations.
6. More intensive rural activities including animal keeping, intensive
horticulture and extractive industry may be established in the zone provided that
10
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 15
adverse environmental and amenity impacts including the generation of noise,
dust or odour are avoided with sensitive land uses buffered from impacts.
7. Lot reconfigurations are typically limited to instances of protecting
remnant vegetation or riparian corridors or improving the delivery or function of
regional infrastructure.
8. The establishment of outdoor recreation and small-scale tourism facilities in suitable
locations is facilitated in a manner that does not significantly compromise the rural
productivity or ecological values of the land.
9. Visitor accommodation complements rural uses and promotes the sustainable use of
rural land.
10. Houses or outbuildings may be available for short term guests where there is no
resultant changes to the rural amenity or rural production of the area.
11. Nature based tourism adopts exemplary standards of ecologically sustainable
design and facilitates appreciation of the natural environment.
12. Rural activities provide for appropriate value adding to produce on site where
adverse environmental and amenity impacts are avoided.
13. Home-based businesses which add to the economic sustainability of the hinterland
are established where the nature, scale and intensity of the activity is compatible
with the character and amenity of the surrounding locality.
14. Development is reflective of, and sensitively responds to, the environmental
constraints of the land.
15. Natural features such as creeks, gullies, waterways, wetlands and vegetated
hillslopes and ridgelines are retained, managed and enhanced where possible.
16. Development maintains and enhances the significant scenic and landscape values
of the area. The built form of development integrates with and complements the
rural character intended for the zone and sensitively responds to the landscape.
17. Development does not reduce the vegetated open space and rural landscapes that
frame distinct towns and villages.
18. Development protects and provides for recreational trails.
19. Development does not adversely impact on the continued operation, viability and
maintenance of existing infrastructure or compromise the future provision of
planned infrastructure.
Comment:
As outlined in Section 4.1.1 of this report, the proposed reconfiguration seeks to
realign the two allotments using the common boundary in order to accommodate the
existing dwelling on the larger allotment, which is fairly constrained in its current
arrangement. The proposed development represents a logical boundary realignment
which will allow for the suitable siting of rural dwelling houses on each allotment,
with appropriate and safe access to each from the established road network.
As such, the proposed development is representative of a logical subdivision that
remains consistent with the character & amenity of the Rural Zone.
5.3 Relevant Codes
The following codes are applicable to the proposed subdivision:
➢ Rural Zone Code;
➢ Reconfiguring a Lot Code;
11
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 16
➢ Driveways and Parking Code; and
➢ Waste Management Code.
We wish to note that an assessment of the Driveways and Parking Code is not
relevant as a rural driveway and appropriate car parking for Dwelling Houses is easily
established on the expansive site, and that the Waste Management Code is not
considered applicable at this stage of the development, on the following grounds:
Adequate room is present on the Crawfords Road frontage for residents to wheel
their bins to the kerbside for on-street collection. On-street waste collection is also
the method servicing surrounding properties. As such, an assessment of the Waste
Management Code is not considered necessary.
Other works codes listed in the Noosa Plan 2020 are not applicable at this stage and
will be addressed in the event of OPW assessment.
A comprehensive assessment of the proposed development against the provisions of
the Reconfiguring a Lot Code has been prepared by Murray and Associates (Qld) Pty
Ltd and is attached within Appendix D of this report.
5.4 Overlay Codes
As identified by the overlay maps of the Noosa Plan, the following overlays are
applicable to the subject site:
• Agricultural Land Overlay – Agricultural Land Conservation Area;
• Biodiversity, Waterways and Wetlands Overlay – MSES Environmental Values,
Area of Biodiversity Significance, Waterways, MSES Regulated Vegetation –
intersecting a watercourse and Riparian Buffer Area;
• Bushfire Overlay – Medium Potential Bushfire Intensity, High Potential Bushfire
Intensity and Potential Impact Buffer;
• Landslide Hazard Area Overlay – Medium Hazard Area and High Hazard Area.
A comment detailing the extent of each applicable overlay has been provided within
Sections 5.5.1 to 5.5.5 below.
12
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 17
5.4.1 Agricultural Land Overlay
It is acknowledged that the subject site is included within the Agricultural Land
Conservation Area in accordance with the Agricultural Land Overlay of the Noosa Plan
2020. There is no further built form proposed on Proposed Lot 476 as part of this
proposal, with the existing dwelling house and associated structures to be retained in
this lot. Due to the small size of the land to the south of the existing dwelling (being
the only cleared are mapped as suitable) and the heavy slope constraints, this area
of land does not possess agricultural viability. As such, the boundary realignment
does not result in fragmentation of viable agricultural land nor a decrease in potential
rural productivity.
5.4.2 Biodiversity, Waterways and Wetlands Overlay
It is acknowledged that the subject site includes land within the MSES Environmental
Values, Area of Biodiversity Significance, Waterways, MSES Regulated Vegetation –
intersecting a watercourse areas and Riparian Buffer Area in accordance with the
Biodiversity, Waterways and Wetlands Overlay of the Noosa Plan 2020. The future
built form on Proposed Lot 477 is able to be sited entirely outside of these mapped
areas. Additionally, as demonstrated by the Plan of Development, Plan No. 100774
(Appendix C), the newly realigned boundary will intersect a much lesser extent of
these mapped natural areas (following an existing fenceline) and is therefore an
improvement on the existing situation. It is also noted that QLD State Government
Development Assessment Mapping System does not list the vegetation to be
intersected as regulated vegetation. The remainder of vegetation on the site will
remain under the existing covenant.
5.4.3 Bushfire Hazard Overlay
It is acknowledged that the subject site comprises areas of Medium & High Potential
Bushfire Intensity and Potential Impact Buffer in accordance with Noosa Council’s
Bushfire Overlay Map. The future built form on Proposed Lot 477 will either be
established outside of the bushfire mapping, or be established within the Potential
Impact Buffer and therefore will be designed in accordance with the relevant
13
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 18
specifications outlined in the Queensland Development Code and appropriate on-site
fire fighting measures will be implemented.
5.4.4 Landslide Hazard Overlay
It is acknowledged that the subject site contains Moderate & High Hazard Areas in
accordance with the Landslide Hazard Overlay of the Noosa Plan 2020. The location
of the future built form on Proposed Lot 477 has not been identified at this stage.
Any future Building Works applications will appropriately address the required
geotechnical considerations for the safe establishment of a dwelling house.
14
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 19
6.0 State Planning
6.1 Referral Agencies
The Planning Act 2016 and the Planning Regulation 2017 provide the legislative
framework within Queensland for authorities (Local and State Government) to assess
development applications. Matters that require assessment may be delegated to the
Department of State Development, Manufacturing, Infrastructure and Planning
(DSDMIP) for assessment by the State Assessment and Referral Agency (SARA).
Following a review of the SARA DA Online Mapping System and the Planning
Regulation 2017, this application does not require referral to DSDMIP for assessment.
6.2 State Planning Policy
The State Planning Policy (SPP) outlines the Queensland Government’s policies
regarding matters of state interest in land use planning and development. The SPP
only applies to development assessment if the planning scheme has not yet
appropriately integrated the SPP. If a discrepancy arises between a local planning
scheme and a state planning policy, the state planning policy overrides the planning
scheme. As outlined within Part 2 of the Noosa Plan 2020, the SPP has been
incorporated into the planning scheme. In light of the above, an assessment of the
proposed development against the SPP is not required.
15
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 20
7.0 Conclusions and Recommendations
This application provides justification for approval for a Development Permit for a
Reconfiguring a Lot by Boundary Realignment (2 Lots into 2 Lots), involving land
described as Lots 476 & 477 on SP263772, situated at 40 Crawfords Rd, Black
Mountain on the following grounds:
• The proposed development represents a practical boundary realignment which
seeks to logically create two allotments, both of which can accommodate rural
dwelling house uses and associated access and services;
• The proposed development has been designed in response to the
characteristics, physical constraints and opportunities of the site and the
surrounding area;
• The proposed re-alignment of boundary demonstrates a significant
improvement to the protection of ecological values on site;
• The proposed development has been sensitively and attractively designed and
will not detract from the rural amenity or the surrounding area;
• Each lot achieves safe and convenient access to/from the road network via the
existing and proposed access points, and each lot will be capable of providing
adequate on-site parking provisions; and
• The proposed development complies or generally complies with the overall
outcomes for the Rural Zone.
Thus, on behalf of M Williams & G Palumbo, it is recommended that Council issue
approval for a Development Permit for a Reconfiguring a Lot by Boundary Realignment
(2 Lots into 2 Lots), involving land described as Lots 476 & 477 on SP263772, situated
at 40 Crawfords Rd, Black Mountain.
16
Planning Report 100774 Murray & Associates (Qld) Pty Ltd June 2022
Page 21
Appendix A Current Title Searches [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix A Current Title Searches
Page 22
Appendix B Survey Plan and SmartMap [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix B Survey Plan and SmartMap
Page 23
Appendix C Plan of Development, Plan No. 100774 Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix C Plan of Development, Plan No. 100774 Prepared by Murray & Associates (Qld) Pty Ltd
Page 24
Appendix D Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd [OCR of page images] MURRAY& ASSOCIATES SURVEYORS & TOWN PLANNERS Appendix D Code Assessment Prepared by Murray & Associates (Qld) Pty Ltd
Used in these records
Planning Report No. 100774.pdfRelated documentApplication case desk ↗
About this file
- File size
- 787 KB (small file)
- File type
No other editions are linked here.