Town Planning Assessment Report · RAL24/0003

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Table of Contents
1.      SITE AND APPLICATION SUMMARY ................................................................................................................ 3

2.      PROPOSAL ............................................................................................................................................................................. 4

3.      BACKGROUND ..................................................................................................................................................................5

4.      SITE DETAILS.........................................................................................................................................................................5

     4.1.        SITE DESCRIPTION .......................................................................................................................................................5

     4.2.        SURROUNDING LOCALITY....................................................................................................................................... 6

5.      ASSESSMENT REQUIREMENTS ...............................................................................................................................7

     5.1.        FRAMEWORK FOR ASSESSMENT ...............................................................................................................................7

     5.2.        ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ................................7

     5.3.        ASSESSMENT BENCHMARKS RELATING TO THE PLANNING SCHEME ....................................................8

     5.3.1.           LEVEL OF ASSESSMENT ...........................................................................................................................................8

     5.3.2.           ASSESSMENT BENCHMARKS ................................................................................................................................8

6.      CONCLUSION .................................................................................................................................................................. 9




Appendices
     Appendix A                      Proposal Plans
     Appendix B                      Site Photographs
     Appendix C                      Code Assessment
     Appendix D                      Concept Driveway Design
     Appendix E                      Bushfire Hazard Assessment Report
     Appendix F                      Geo-Environmental Investigation Report




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1.       Site and Application Summary
 Applicant
 Applicant:                  Romildo Raveane and Karen Loy
                             C/- Brennan Planning
 Contact Details:            Marcus Brennan
                             Mob: 0423 952 928
                             Email: [email protected]
 Registered Landowner(s):    Romildo Raveane and Karen Loy


 Application
 Development Application:    Development Permit to Reconfigure a Lot (1 Lot into 2 Lots)
 Level of Assessment:        Code Assessable
 Referral Agencies:          Nil
 Assessment Manager          Noosa Shire Council



 Subject Site
 Address:                    41 Tallowwood Place, Black Mountain
 Lot Description:            Lot 36 RP897845
 Area:                       2.482ha
 Easement(s):                Nil
 Regional Plan Designation   Rural Living Area
 Planning Scheme             Noosa Plan 2020 (25 September 2020)
 Local Plan:                 Nil
 Zone:                       Rural Residential
 Overlays:                   + Biodiversity, Waterways and Wetlands
                                - Area of Biodiversity Significance
                             + Bushfire Hazard
                                - Medium and High Potential Bushfire Intensity
                                - Potential Impact Buffer
                             + Landslide Hazard
                                - High Hazard Area
                                - Moderate Hazard Area




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2. Proposal
The proposed development application seeks approval for a Development Permit to Reconfigure a Lot (1
Lot into 2 Lots).

The proposal would maintain the existing dwelling house on one lot (Lot 361) and establish a new lot in the
western portion of the site (Lot 362). A building envelope has been identified over Lot 362 which has an area
of 1,169m2 and provides a suitable cleared area to establish a new dwelling, any associated structures. Lot
362 also contains sufficient land for an effluent disposal system.

The proposed lots would have the following areas:

   Lot No.                    Lot Area
   Lot 361                    1.322ha
   Lot 362                    1.160ha

Lot 361 would maintain access to Tallowwood Place via an existing concrete crossover and driveway in the
southeast portion of the site.

Lot 362 would achieve access via a new concrete crossover and access to Tallowwood Place in the
southwest portion of the site.

The proposed rural residential lots would be consistent with the predominant size and character of lots in
the surrounding streetscape. Further, the proposed development would cause minimal change to the visible
character of the streetscape, with one additional house site established in a cleared area of the site.

The proposed subdivision layout and access is shown in Figures 1 & 2 below:




Figure 1 - Proposed Subdivision Layout




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Figure 2 - Proposed Access to Lot 2



3. Background
    +   The existing dwelling house on the premises was approved on or about 11 September 1997.

    +   On 26 May 2017 a development application was lodged for a second crossover at the premises.
        The crossover was in a similar position to the proposed crossover associated with the
        reconfiguration. The application lapsed because the information request was not responded to.

    +   Pre-lodgement advice was sought from Council in relation the proposed reconfiguration. Council
        manager of planning confirmed that:

        “In terms of the lot size, it is reasonable for some variation based on the lot sizes on the opposite side of
        Tallowwood Place. The more significant issues to be the requirements of the biodiversity, bushfire and
        landslide overlays. It will be necessary to provide building envelopes which demonstrate that a
        dwelling/outbuildings, and associated access, can be constructed on each proposed lot whilst
        remaining complaint with the requirements of each code.”



4. Site Details

4.1. Site Description

The subject site is located at 41 Tallowwood Place, Black Mountain described as Lot 36 RP897845.

The site has a total area of 2.482ha and has a 475m frontage Tallowwood Place to the south.

A dwelling house and associated structures are located in the southeast portion of the site.

The site predominantly comprises clear and mown paddocks and patches of vegetation comprising
predominantly of Camphor Laurel and Wattle. The western third of the property contains vegetation which
is mapped to be Regional Ecosystem (RE) 12.11.10,_ described as Notophyll vine forest +/- Araucaria
cunninghamii on metamorphics +/- interbedded volcanics’ .


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The site slopes moderately downhill to the north away from the road frontage at varying gradients. The
slope over the proposed new building envelope on Lot 362 has a maximum gradient of 17%.

The site is accessed via an existing concrete driveway and crossover to Tallowwood Place in the southeast
corner of the site.

Please refer to Figure 2 below for an aerial photograph of the subject site and Appendix B – Site
Photographs further details.




Figure 2 – Aerial Photograph of Subject Site


4.2. Surrounding Locality

The site is located in within a rural residential area. The surrounding properties on the opposite side of
Tallowwood Place predominantly range between 4,000m2 – 5000m2 and are of a rural residential
character and nature.




Figure 4 – Locality Map


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5. Assessment Requirements

5.1.    Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
•      the Planning Regulation 2017
•      the Planning Scheme for the local government area
•      any temporary local planning instrument
•      any variation approval

Of these, the planning instruments relevant to this application are discussed below:


5.2.    Assessment Benchmarks Related to the Planning Regulation 2017

The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application must
be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
    • the South East Queensland Regional Plan 2023 (SEQRP 2023);
    • Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
         Planning Scheme; and
    • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Regulation is provided below:

SEQRP 2023

The subject site is located within the Rural Living Area designation under the SEQRP 2023. The proposed
rural residential subdivision meets the intent and principles for the Rural Living Area designation under the
SEQRP 2023.

Part E of the State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the Planning Scheme and would not warrant further assessment.

Schedule 10 of the Regulation

The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.


Koala Habitat in SEQ Region

The subject site is mapped as being within a Koala Priority Area, however, does not contain mapped koala
habitat areas as illustrated in Figure 4 below:

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Figure 4 – Koala Habitat in SEQ Region (source: Queensland Government – Development Assessment Mapping
System)




5.3.      Assessment Benchmarks Relating to the Planning Scheme

          5.3.1. Level of Assessment

The site is located within the Rural Residential zone under the Noosa Plan 2020 (the Planning Scheme). In
accordance with Table 5.6.1 of the Planning Scheme, reconfiguring a lot in the Rural Residential Zone requires
Code Assessment.


          5.3.2. Assessment Benchmarks

Pursuant with Table 5.6.1 of the Planning Scheme, the proposed reconfiguration requires assessment against
the following Codes:
     + Rural Residential Zone Code
     + Reconfiguring a Lot Code
     + Works codes

The proposed development also requires assessment against the following overlay codes:-

    + Biodiversity, Waterway and Wetlands Overlay Code; and
    + Bushfire Hazard Overlay Code
    + Landslide Hazard Overlay Code

An assessment against each of the codes has found the development is compliant with, or could be
conditioned to comply with, all the code requirements. A detailed assessment against the abovementioned
primary codes is provided in Appendix C.



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Please refer the Bushfire Hazard Assessment Report at Appendix E for an assessment against the relevant
bushfire requirements.

Please refer the Geo-Environmental Investigation Report at Appendix F for an assessment against the
relevant landslide hazard requirements.



6. Conclusion
This report has identified that the proposed development to reconfigure a lot (1 lot into 2 lots) complies with
the relevant benchmarks contained within the Noosa Plan 2020 and does not raise any significant issues that
cannot be addressed by reasonable and relevant conditions on the following basis:

    + each lot is provided with an area that is consistent with the sizes of surrounding lots;
    + each lot will be capable of supporting a large house site area that appropriately addresses bushfire
         and landslide constraints pertaining to the site;
    +     the development will not result in any significant impacts to ecologically important areas pertaining
         to the site;
    +    safe and appropriate vehicular access is provided to each lot.

This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by the Noosa Plan 2020. Should you have any questions in relation to the proposal, or any aspect
of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]

Yours sincerely,




Marcus Brennan
B. Urb. Reg. Plan.




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