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Planning Report_ZA10731_RAL_Rev A
PLANNING REPORT
Development Permit for Reconfiguring of a Lot –
Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
August 2021
Our Ref: ZA10731
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Page 2
Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
© Downes Group Pty Ltd (DG) [2013].
Copyright in the drawings, information and data recorded in this document (the information) is
the property of DG. This document and the information are solely for the use of the authorised
recipient and this document may not be used, copied or reproduced in whole or part for any
purpose other than that for which it was supplied by DG. DG makes no representation,
undertakes no duty and accepts no responsibility to any third party who may use or rely upon this
document or the information.
Report version: Rev A
Written by: SVR Date: 30/8/2021
Reviewed by: SVR Date:
Project Manager:
Distribution: Noosa Council
B. Lashmar & L. Abell
S & D Crouch
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ZA10731
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
CONTENTS
1.0 INTRODUCTION ............................................................................................................ 4
2.0 SITE DETAILS .................................................................................................................. 6
2.1 LOCATION AND SURROUNDING AREA ................................................................................... 6
2.2 SITE FEATURES ............................................................................................................................ 7
3.0 PROPOSAL .................................................................................................................. 10
3.1 DEVELOPMENT OVERVIEW ..................................................................................................... 10
3.2 SERVICES .............................................................................................................................. 10
3.3 OPERATIONAL WORKS............................................................................................................ 10
4.0 STATE PLANNING MATTERS ........................................................................................ 12
4.1 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP) ..................................................... 12
5.0 LOCAL PLANNING MATTERS ...................................................................................... 15
5.2 ZONING .............................................................................................................................. 15
5.3 OVERLAYS .............................................................................................................................. 15
5.4 RELEVANT PLANNING SCHEME CODES ................................................................................. 15
6.0 PLANNING JUSTIFICATION SUMMARY ..................................................................... 16
7.0 CONCLUSION ............................................................................................................. 17
APPENDICES
Appendix 1 Proposal Plan ZA10731.P02
Appendix 2 Registered Survey Plans and Certificates of title
Appendix 3 SAR DA Mapping Reports
Appendix 4 Planning Scheme Code Responses
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ZA10731
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
1.0 INTRODUCTION
Downes Group Pty Ltd has been commissioned to prepare this report on behalf of B.
Lashmar and L. Abell (‘the Applicants’) in support of a Development Permit for
Reconfiguring a lot – Boundary Realignment (2 Lots into 2 Lots):
1. 51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
2. 81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
The proposal plan is included at Appendix 1 to this report.
The proposed development is ‘assessable development’ as defined under the Planning
Act 2016 requiring consideration against the relevant Planning Scheme and other
appropriate State legislation. The Noosa Plan 2020 (Amendment 1 as at 25 September
2020) is the applicable planning scheme for this area and establishes that the
application requires code assessment.
This Planning Report provides details of the subject land, a description of the proposed
development, supporting plans and documentation and assesses the proposal against
relevant planning provisions. The following is a summary of the application details.
Table 1 – Application and Site Details
APPLICATION
Applicants: B. Lashmar & L. Abell
Consultant: Downes Group Pty Ltd
Stephen Vlatko-Rulo
(07) 5441 6455
Proposal: Development Permit for Reconfiguring a lot – Boundary
Realignment (2 Lots into 2 Lots)
Level of Assessment: Code Assessment
Referral Agencies: N/A
SITE DESCRIPTION
Address: 1. 51 Hamersley Lane, Lake Macdonald
2. 81 Hamersley Lane, Lake Macdonald
Lot/Plan: 1. Lot 5 RP203483
2. Lot 6 RP203483
Area: 1. 7.638ha
2. 9.629ha
Present Use 1. Rural – grazing, residence and outbuildings
2. Rural – part grazing and part bushland
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
NOOSA PLAN 2020
Zone: Rural
Overlays: See table below
Lot 5 RP203483 Lot 6 RP203483
Biodiversity, Waterways and Wetlands
MSES Environmental Value
Area of Biodiversity Significance
Riparian Buffer Area
Waterways
Bushfire Hazard
High Potential Bushfire Intensity
Potential Impact Buffer
Land Subject to Flood Hazard
Flooding and Inundation Extent
Koala Habitat Area
Koala Priority Area
Core Koala Habitat Area
Regional Infrastructure
Water Resource Catchment Area
Water Supply Buffer Area
SOUTH EAST QUEENSLAND REGIONAL PLAN
Designation Regional Landscape and Rural Production Area
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
2.0 SITE DETAILS
2.1 Location and Surrounding Area
The subject lots are located in a semi-rural area on the eastern side of Lake Macdonald
approximately 6kms by road north east of Cooroy township.
The settlement pattern of the surrounding area is characterised by medium sized rural
and semi-rural properties with residences and outbuildings. The dominant land use is
rural residential with some properties carrying out small-scale agricultural (grazing) or
horticultural activities.
Refer to Figure 1 – Locality Plan and Figure 2 – Aerial Photo of subject land.
Figure 1: Location of subject land
Lot 6 RP203483
Lot 5 RP203483
Source: Noosa Council
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Figure 2 – Aerial photo of subject land
Source: QLD Globe
2.2 Site Features
5/RP203483
Lot 5 is an irregular pentagonal shaped lot comprising approximately 7.638ha. The lot
has easement access (Easement A on RP203483) via Hamersley Lane to Gumboil Road.
The lot has waterfront boundaries to Lake Macdonald (Lot 1 RP164585) of
approximately 374 metres.
The topography rises from Hamersley Lane at 107mAHD up to 112AHD where the
existing house is located and then falls gently to 95mAHD at lake edge.
The site is largely well grassed with large portions of improved pasture. There is some
riparian vegetation along a non-perennial watercourse (stream order 1) in the north
western portion of the lot and runs in and bends towards the south before heading
east. A grove of trees lines the driveway to the house with some mature vegetation
surrounding the house.
A search of historical images has determined that the site was predominantly cleared
prior to the late1950’s and used for rural purposes since the establishment of Lake
Macdonald (Six Mile Creek Dam) in 1965 and subsequent raising in 1980.
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
6/RP203483
Lot 6 is a large regular shaped lot that comprises an area of approximately 9.629ha with
easement access from Gumboil Road via Easements A and B on RP203483. The lot has
a waterfront boundary to Lake Macdonald (Lot 1 RP164585) of approximately 400
metres.
The topography rises from Hamersley Lane at 98mAHD up to 112AHD where the existing
house is located and then falls gently to 95mAHD at lake edge.
The lot has moderately dense tracts of vegetation covering the northern half and
extends along the eastern shared boundary with Lot 5 towards the lake edge. The
existing house area is surrounded by vegetation. The southern half of the lot has large
sections of pasture with scattered trees. There is a line of vegetation along the edge of
the lake. There is a short stretch of the watercourse which extends through Lot 5 in the
north eastern corner of the site.
A search of historical images has determined that the site was predominantly cleared
prior to the late1950’s and used for rural purposes since the establishment of Lake
Macdonald (Six Mile Creek Dam) in 1965 and subsequent raising in 1980 (refer to Figures
3 & 4).
Refer to Appendix 2 – Survey Plans, Certificates of Title and SmartMap
2.2.1 Services
The existing residences are serviced by:
Electricity;
Telecommunications;
On-site effluent disposal; and
Local road network
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Figure 3 – circa 1958
Figure 4 – circa 1992
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
3.0 PROPOSAL
3.1 Development Overview
This development application is for a development permit for reconfiguring of a lot –
boundary realignment (2 lots into 2 lots).
The proposed development involves rearranging the boundaries on these two
properties for improved farm operation and land management. It will result in the
expansion of the usable and productive grazing areas on Lot 6 and despite the transfer
of this land from Lot 5, the overall rural productive capacity will not be reduced.
Furthermore, the realigned boundaries of these lots will mean an improved
environmental outcome with the watercourse and associated riparian vegetation
contained entirely on the ‘new’ Lot 6.
Refer to Appendix 1 - Proposal Plan ZA10731.P02
Existing Easement B on SP203483 (burdening Lot 5) will be surrendered and a new
Easement C will be created to ensure access rights for the ‘new’ Lot 6 via Hamersley
Lane over the ‘new’ Lot 5.
A summary of the proposed lot arrangement is provided below:
Table 2: Summary of Lot Arrangement
Existing Current Proposed Proposed Access Comments
Lot Area Lot No. Area
5/RP203483 7.638 ha 5 3.83 ha Via Hamersley Boundary avoids vegetation
Lane (Easement and watercourse
A on RP203483)
6/RP203483 9.629 ha 6 13.437 ha Via Hamersley Boundary avoids vegetation
Lane (Easement and watercourse
A on RP203483 Increased lot area
and new
Easement C)
3.2 Services
All lots will continue to be provided with electricity and communications services. It is
proposed to alter existing electricity connection to Lot 5 to ensure it is fully contained
within the boundaries of the ‘new’ lot 5.
3.3 Operational Works
No operational works are required to undertake the realignment of boundaries.
Figures 5 and 6 show the approximate location of the new boundary between the lots.
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Figure 5 – Looking toward Lake Macdonald along proposed new boundary
Lot 5 Lot 6
Approx. location new boundary
Figure 6 – Looking towards Hamersley Lane along proposed new boundary
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
4.0 STATE PLANNING MATTERS
The Planning Act 2016 and 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 various Referral
Agencies.
4.1 State Development Assessment Provisions (SDAP)
Matters requiring involving State interests and assessment are referred to the
Department of State Development, Infrastructure and Infrastructure (DSDMIP) through
the State Assessment and Referral Agency (SARA).
Searches of the online SARA mapping tool have identified relevant triggers for this
application.
The triggers for referral for reconfiguring a lot are listed below:
Regulated vegetation - Category B, C and R Vegetation
Schedule 10, part 3, div 4, table 2
Development application for reconfiguring a lot that is assessable development under
section 21, if—
(a) a lot that the application relates to is 5ha or larger; YES and
(b) the size of any lot created is 25ha or less; YES and
(c) either—
(i) the reconfiguration involves operational work that is assessable development
under section 5, other than operational work that is only the clearing of regulated
regrowth vegetation; or NO
(ii) on any lot created, accepted operational work, other than operational work
that is only the clearing of regulated regrowth vegetation, may be carried out NO
The principal response to the regulated vegetation trigger is that no clearing required
through mapped Category B areas on Lot 6 RP203483.
Refer to Appendix 3 – SARA Mapping Reports
Koala Priority Area & Core Koala Habitat Area
We refer to the following section from the Planning Regulation 2017:
Schedule 10 Part 10 Division 2 Prohibited development
16A Prohibited development—development interfering with koala habitat in koala
priority area and koala habitat area
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
(1) Development is prohibited development to the extent the development involves
interfering with koala habitat in an area that is both— NO – avoids mapped koala
habitat area
(a) a koala priority area; and
(b) a koala habitat area.
(2) However, subsection (1) does not apply to the extent the development—
(a) is exempted development; or
(b) is assessable development under section 16C; or
(c) is in an identified koala broad-hectare area and is—
(i) accepted development, or assessable development, under a local
categorising instrument, other than development that is for an extractive
industry and is not assessable development under section 16C; or
(ii) reconfiguring a lot that is assessable development under part 14, division 1,
section 21; or
(d) is carried out under a development permit given for an application that was
properly made before 7 February 2020; or
(e) is consistent with a development approval—
(i) in effect for the premises on which the development is carried out; and
(ii) given for an application that was properly made before 7 February 2020.
It is acknowledged that Lot 6 RP203483 is mapped as Koala Priority Area and containing
Core Koala Habitat Area. The above section 16A, subsection (1) from the Planning
Regulation states that development is prohibited within the mapped areas when
interfering with koala habitat. We refer to the following definition contained in Schedule
24 of the Planning Regulation
interfering with koala habitat—
(a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying in
any way, including by burning, flooding or draining, native vegetation in a koala
habitat area; but
(b) does not include destroying standing vegetation by stock, or lopping a tree.
It is submitted no clearing is required to facilitate the boundary realignment and the
new boundary avoids the mapped core habitat area. Therefore, no referral to SARA is
required.
Refer to Appendix 3 – SARA Mapping Reports
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
4.1.1 South East Queensland Regional Plan (SEQRP)
The subject land is included within the Regional Landscape and Rural Production Areas
designation under the South East Queensland Regional Plan (SEQRP) 2017. The
proposed development is consistent with the regulatory provisions of the SEQRP and will
not trigger referral to SARA.
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
5.0 LOCAL PLANNING MATTERS
The application is to be assessed under the Noosa Plan 2020. The following section
addresses the relevant planning scheme elements.
5.1.1 Level of Assessment
Under Section 5.6 Table 5.6.1 for reconfiguring of a lot in a rural zone, is code
assessable.
5.2 Zoning
The subject land is identified within the rural zone under the applicable zoning map.
5.3 Overlays
Table 1 includes details of the applicable mapped overlays for each of the land
parcels. The sites are identified within the following overlay maps:
Biodiversity, Waterways & Wetlands;
Bushfire Hazard;
Flood Hazard;
Koala Habitat Area; and
Regional Infrastructure
While acknowledging these overlays, the proposed development does not involve:
A change of use;
Creation of additional lots;
Require operational works or building works;
Increase risk of hazards to persons and/or property;
Require vegetation clearing;
The existing buildings, structures, service connections and access remain
unchanged, apart from a re-routing of electricity for proposed Lot 5; and
The overlays do not raise the level of assessment.
5.4 Relevant Planning Scheme Codes
The following planning scheme codes have been identified as the key relevant
assessment criteria for this development;
• Reconfiguring a lot code;
• Rural zone code.
Refer to Appendix 4 – Planning Scheme Code Responses
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
6.0 PLANNING JUSTIFICATION SUMMARY
The following is an overall summary of the planning merits of the proposal in terms of the
planning scheme and State interest matters
1. Improved farm management through the consolidation of the more
productive and long-established grazing parts into one property;
2. Improved environmental outcome for the immediate surrounding area;
3. Proposed boundaries require no consequential clearing of vegetation for
new boundaries;
4. No “interfering with koala habitat” (Schedule 24 Planning Regulation 2017)
proposed or required as a consequence of new boundaries;
5. Reduced number of lots along creek;
6. Does not conflict with zone or reconfiguring codes; and
7. No operational works required.
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
7.0 CONCLUSION
This report is in support of an application for a Development Permit for Reconfiguring a
Lot – Boundary Realignment (2 lots into 2 lots) at:
1. 51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
2. 81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
The proposal plan is included at Appendix 1 to this report.
The report includes a description of the site, the development proposal and an
assessment against relevant State and Local government planning requirements.
The purpose and justification for the realignment is detailed in Section 6 of this report.
The proposed lots will continue to be consistent with the surrounding character of the
area and adjoining properties.
This report concludes that the site is suitable for the proposed development and is
consistent with applicable planning scheme requirements.
We therefore recommend the development for Council approval subject to
reasonable and relevant conditions.
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Appendix 1
Proposal Plan ZA10731.P02
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Appendix 2
Registered Survey Plan and Certificates of Title
ZA10731
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Appendix 3
SARA DA Mapping Reports
ZA10731
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Planning Report
Reconfiguring of a Lot – Boundary Realignment (2 Lots into 2 Lots)
51 Hamersley Lane, Lake Macdonald – Lot 5 RP203483
81 Hamersley Lane, Lake Macdonald – Lot 6 RP203483
Appendix 4
Planning Scheme Code Responses
ZA10731