Town Planning Report · Appendix A – Proposal Plans A1 – Draft Survey Plan SP182965 prepared by...

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Town Planning Report Development Application for Reconfiguration of a Lot (8 into 3) 1474, 1476, 1478, 1480, 1482 and 1484 Brisbane Valley Highway, Fernvale QLD 4306 (Lots 2-9 on RP28843) May 2020

Transcript of Town Planning Report · Appendix A – Proposal Plans A1 – Draft Survey Plan SP182965 prepared by...

  • Town Planning Report

    Development Application for Reconfiguration of a Lot (8 into 3)

    1474, 1476, 1478, 1480, 1482 and 1484 Brisbane Valley Highway, Fernvale QLD 4306

    (Lots 2-9 on RP28843)

    May 2020

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    Development Application for ROL – (8 into 3) – Brisbane Valley Highway, Fernvale QLD 4306 Page 2 of 22

    SOMERVILLE CONSULTANTS DOCUMENT REGISTER

    Client Roubaix Properties Pty Ltd

    Address 1474, 1476, 1478, 1480, 1482, 1484 Brisbane Valley Highway, Fernvale QLD 4306 (Lot 2-9 on RP28843)

    Project Reconfiguring a Lot (8 into 3) Consent Authority Somerset Regional Council

    Issue Author Review Approved Date

    Draft THS JM JM April 2020

    Final THS JM THS May 2020

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    CONTENTS

    1.0 EXECUTIVE SUMMARY............................................................................................................................ 5

    2.0 INTRODUCTION ...................................................................................................................................... 6

    3.0 SITE AND LOCALITY ............................................................................................................................... 7

    3.1 THE SITE ................................................................................................................................................ 7

    3.3 SITE HISTORY ........................................................................................................................................ 8

    3.4 PRE-LODGMENT HISTORY ...................................................................................................................... 9

    4.0 APPLICABLE OVERLAYS ........................................................................................................................ 9

    5.0 PROPOSAL ........................................................................................................................................... 10

    5.1 DESCRIPTION ....................................................................................................................................... 10

    5.2 KEY CONSIDERATIONS ......................................................................................................................... 11

    6.0 STATUTORY PLANNING ASSESSMENT .................................................................................................. 12

    6.1 SOUTH EAST QUEENSLAND REGIONAL PLAN 2017 (SHAPINGSEQ) ....................................................... 14

    6.2 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP) ................................................................... 16

    6.3 OTHER STATE MATTERS ...................................................................................................................... 19

    7.0 ASSESSMENT AGAINST THE SOMERSET REGION PLANNING SCHEME VERSION 3 ................................. 19

    7.1 DEFINED USE, ZONE AND LEVEL OF ASSESSMENT ............................................................................... 19

    7.2 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (LGIP) ......................................................................... 20

    8.0 CONCLUSION ....................................................................................................................................... 22

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    Appendices:

    Appendix A – Proposal Plans

    A1 – Draft Survey Plan SP182965 prepared by Somerville Consultants.

    A2 – Contextual Layout plan 4463-03 prepared by Somerville Consultants.

    Appendix B – Assessment against the Somerset Region Planning Scheme – Version 3

    B1 – Reconfiguration of a Lot Code

    B2 – Service, Works and Infrastructure Code

    B3 – Transport, Access and Parking Code

    Appendix C – State Mapping / Referrals

    C1 – SARA DAMS Mapping

    C2 – Indicative Vegetation Management Report

    C3 – Confirmation that referral is not required for Energex

    C4 – Confirmation that referral is not required for Main Roads

    Appendix D – Civil Site Works Plans and Reports prepared by Burchills Engineering Solutions

    D1 – Conceptual Sewer Plan

    D2 – Conceptual Stormwater Management Plan

    Appendix E – Other supporting Documentation

    E1 – Decision Notice for DA18062

    E2 – Easement A on SP316940

    Appendix F – Statutory Documents

    F1 – DA Form 1

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    1.0 EXECUTIVE SUMMARY

    Address: 1474, 1476, 1478, 1480, 1482, 1484

    Brisbane Valley Highway, Fernvale QLD 4306

    Real Property Description: Lot 2-9 on RP28843 Site Area: 0.8096 ha (8 x 0.1012 ha) Area Classification: Centre Zone Proposal: Reconfiguration of a Lot (8 into 3) Application: Development application for a

    Reconfiguration of a Lot (8 into 3) Level of Assessment: Code Assessable

    Codes: Reconfiguring a Lot Code Services, Works and Infrastructure Code

    Transport, Access and Parking Code

    Applicable Overlays OM8 HIA Management Area OM9 Infrastructure

    Referral Agencies: N/A

    http://www.somerset.qld.gov.au/documents/611941/28fcd0ac-e4dc-4a2a-a1cb-7ae0a2b89d77

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    2.0 INTRODUCTION

    Somerville Consultants has been commissioned to prepare this report in support of a Development Approval for a Reconfiguration of a Lot (8 into 3) over the subject site located at Brisbane Valley Highway, Fernvale QLD 4306 and is formally described as Lot 2-9 on RP28843.

    This report demonstrates that the proposed development:

    - complies with the provisions and intent of South East Queensland Regional Plan 2017 (ShapingSEQ);

    - complies with the applicable assessment benchmarks of the Somerset Regional Planning Scheme – Version 3;

    - is identified as intended development within the Centre Zone; - provides for good quality development at an appropriate scale; - is not considered likely to detrimentally impact on any adjoining or nearby properties; - will not compromise the future planning intent of the area

    Accordingly, the proposed development is considered an ideal and warranted use on the subject site and Council’s timely and favorable consideration of the application is sought. This Town Planning Report provides details of the development proposal and how the proposal complies with Somerset’s Planning Scheme and other relevant provisions.

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    3.0 SITE AND LOCALITY

    3.1 The Site

    The subject site is a combination of 8 lots, all of which are rectangular and a total of 0.8096 ha in size. All lots have a combined street frontage to Brisbane Valley Highway of approximately 114m. The established character of the surrounding area is effectively a combination of residential properties over large lots to the north and commercial uses to the south, east and west (a pub, motel, Australia Post building and a community centre) along Brisbane Valley Highway. All lots are currently vacant and clear of vegetation as shown in Figure 1 below.

    Figure 1: Locality Plan SOURCE: Nearmap (28/08/2018)

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    Figure 2: Zoning Map SOURCE: Somerset Planning Scheme Mapping (28/08/2018)

    The site currently is currently covered by the Centre Zone of the Somerset Regional Planning Scheme – Version 3.

    3.3 Site History

    The application history for the site is as follows, as specified on Council’s PD Online system:

    • DA13849 - Combined Application: MCU - Service Station and Commercial Premises RAL - Access Easement (Refused 03/02/2014)

    • DA9929 - Operational Works - Advertising Sign (Lodged 100/02/10 – Lapsed)

    • DA12923 - Plumbing and Drainage Associated with Disconnection (Sewerage) (Determined 03/09/2012)

    • DA12926 - Removal of Shop from the Site (Determined 31/08/2012)

    • DA13164 - Advertising Sign (Determined 03/02/2014)

    • DA12922 - Plumbing and Drainage Associated with Disconnection (Sewerage) (Determined 03/09/2012)

    • DA12928 - Removal of Shop from the Site (Determined 31/08/2012)

    • DA12921 - Plumbing and Drainage Associated with Disconnection (Sewerage) (Determined 03/09/2012)

    • DA12927 - Removal of Dwelling from the Site (Determined 31/08/2012)

    • DA12924 - Plumbing and Drainage Associated with Disconnection (Sewerage) (Determined 03/09/2012)

    • DA12925 - Removal of Dwelling and Shed from Site (Determined 31/08/2012)

    • DA18062 – Material Change of Use for Shop and Food and Drink Outlets (Determined 05/06/2019)

    All of the above approval have no relevance to this application other than the last approval being DA18062 – Material Change of Use for Shop and Food and Drink Outlets. The proposed subdivision is to reduce the number of lots and re-align the new lots with the potential buildings and uses approved in this development approval.

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    3.4 Pre-lodgment History

    No formal pre-lodgement advice was sought on this proposal as it aligns with the uses approved under DA18062.

    4.0 APPLICABLE OVERLAYS

    The subject site has been identified as triggering the following overlays within the Somerset Regional Planning Scheme – Version 3. We will address each overlay separately in the sub-sections below.

    OM8 HIA Management Area

    Figure 3: OM8 HIA Management Area Overlay

    SOURCE: Somerset Planning Scheme Mapping (28/08/2018) A High Impact Activity does not form part of the proposal. As such, the HIA Management Areas overlay is not applicable in this instance.

    M9 Infrastructure

    Figure 4: OM9 Infrastructure Overlay

    SOURCE: Somerset Planning Scheme Mapping (03/10/2018)

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    The south western half of the subject site is identified as being included within the Highway or Main Road Buffer (50 metres) overlay, as the site adjoins the Brisbane Valley Highway. As the proposal does not include a sensitive land use and is for a reconfiguration to allow the approved commercial uses that operate best with high exposure to through traffic on higher order roads (i.e. food and drink outlet with drive through facility), further assessment against the Infrastructure Overlay Code is not considered necessary in this instance.

    5.0 PROPOSAL

    5.1 Description

    This application seeks approval for a Reconfiguration of a Lot to allow for the reduction of lots across this site, and for the reduced number of lots to align with the approved Material Change of Use for a Food and drink outlet & Shop (DA18062) on the site located along Brisbane Valley Highway, Fernvale and formally described as Lots 2-9 on RP28843.

    Figure 5: Proposed Reconfiguration

    SOURCE: Appendix A1 – Draft Survey Plan prepared by Somerville Consultants (27/06/2019).

    The following lots are proposed:

    Lot Area:

    10 5,604m² inc. Easement A – 2,886m²

    11 1,664m²

    12 830m²

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    The proposed lot are designed to provide for the uses approved under DA18062 (see Appendix A2 for alignment).

    5.2 Key Considerations

    Engineering: The site has the ability to be fully serviced by all necessary infrastructure; being wastewater, water, electricity and telecommunications, as well as accommodate appropriate stormwater management.

    Sewer

    The proposed development will utilize the existing 150mm diameter sewer that runs through the site. A section of Sewer will need to be constructed in order to ensure that all three lots have sewer access, Given the scale and nature of the proposal and approval of the proposed use on each lot, it is envisaged that the existing network will have capacity to accommodate the development. Please refer to Appendix D1 for further details.

    Water

    Water supply to the development will be provided from an existing 200mm diameter water main along Brisbane Valley Highway. Please refer to Appendix D1 for further details. Electricity and Telecommunications Existing electricity and telecommunications services are available to the site. This matter will be further addressed at a later stage by an Electrical Consultant once development approval is obtained. Stormwater Quantity Stormwater is to be directed to a newly created Easement A within Lot 11 on SP180657 on the north-western corner of the site. It will be ultimately discharge to the drainage reserve along the north eastern boundary. A Flood Impact Assessment was prepared and approved as part of the Material Change of Use a Shop and three Food and Drink Outlets, which show that on-site detention will provide no real benefit and is therefore unnecessary. On this basis, on-site detention is not proposed.

    Stormwater Quality As this proposal is for the creation of 3 lots, water quality objectives are exempt.

    Site Access: Currently there are at least three existing crossover points that exist in front of the existing lots. Three of these current crossover points will initially be utilized for the resultant three vacant lots created by this approval. We also intend to create the access easement required for the servicing of Lots 11 and 12 to allow for the approved Material Change of Use (DA18062) to occur in the future and at that time change access for Lots 11 and 12 from the front to the rear. Please also note that discussions have been held with SARA regarding the potential referral of the application to Main Roads, and it has been determined due to the nature of this application, that no referral is required (Appendix C4).

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    6.0 STATUTORY PLANNING ASSESSMENT

    In accordance with the Development Assessment (DA) prescribed by Planning Act 2016 (PA) and the Planning Regulations (PR), this town planning report has been prepared in support of a code assessable application seeking a Development Approval for a Research and Technology Industry. As the proposed development is code assessable, section 45(3) and 60 of PA is relevant as it relates to the decision-making process for code assessable applications, which states that: 45 Categories of assessment “(3) A code assessment is an assessment that must be carried out only-

    (a) Against the assessment benchmarks in a categorizing instrument for the development; and (b) Having regard to any matters prescribed by regulation for this paragraph.

    60 Deciding development applications “(1) This section applies to a properly made development application, other than a park of a development application that is a variation request. (2) To the extent the application involves development that requires code assessment, and subject to section 62, the assessment manager, after carrying out the assessment- (a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for the development; and (b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks; and Examples- 1. An assessment manager may approve an application for development that does not comply with some of the benchmarks if the

    decision resolves a conflict between the benchmarks. 2. An assessment manager may approve an application for development that does not comply with some of the benchmarks if the

    decision resolves a conflict between the benchmarks and a referral agency’s response.

    (c) may impose development conditions on an approval; and (d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the application only in compliance can not be achieved by imposing development conditions. Example of a development condition for paragraph (d)- A development condition that affects the way the development is carried out, or the management of uses or works that are the natural and ordinary consequence of the development, but does not have the effect of changing the type of development applied for”.

    Further, Division 4, Subdivision 1, section 26 and 27 of the PR is relevant specifically with regard to the relevant assessment benchmark, which states:

    26 Assessment benchmarks generally- Act, s45 “(1) for section 45(3)(a) of the Act, the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10. (2) Also, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks- (a) the assessment benchmarks stated in (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (ii) the State Planning Policy, Part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) any temporary State planning policy applying to the premises;

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    (c) If the local government is an infrastructure provider- the local government’s LGIP. (3) However, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development’.

    27 Matters code assessment must have regard to generally- Act, s 45 “(1) For section 45(3)(b) of the Act, the code assessment must be carried out having regard to- (a) The matters stated in schedules 9 and 10 for the development; and (b) If the prescribed assessment manager is the chief executive-

    i. The strategic outcomes for the local government area stated in the planning scheme; and

    ii. The purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

    iii. The strategic intent and desired regional outcomes stated in the regional plan for a region; and

    iv. The State Planning Policy, parts C and D; and v. For premises designated by the Minister- the designation for the premises; and

    (c) If the prescribed assessment manager is a person other than the chief executive or the local government- the planning scheme; and

    (d) If the prescribed assessment manager is a person other than the chief executive- i. The regional plan for a region, to the extent the regional plan is not identified in the

    planning scheme as being appropriately integrated in the planning scheme; and ii. The State Planning Policy, to the extent the State Planning Policy is not identified in

    planning scheme; and iii. For designated premises- the designation for the premises; and

    (e) Any temporary State planning policy applying to the premises; and (f) Any development approval for, and any lawful use of, the premises or adjacent premises; and (g) The common material. (2) However- (a) an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and (b) if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks’. Code assessment is a bounded assessment only against the applicable planning requirements (assessment benchmarks). The assessment manager must approve the development application to the extent it complies with the assessment benchmarks, or otherwise can condition compliance if required. A refusal is only intended to be allowed in the instance where a development application cannot be conditioned to meet the assessment benchmarks.

    This Town Planning report has been prepared in accordance with the Planning Act 2016 and the Planning Regulation 2017.

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    6.1 South East Queensland Regional Plan 2017 (ShapingSEQ)

    The South-East Queensland Regional Plan 2017 (ShapingSEQ) came into force following a review of the SEQ Regional Plan 2009-2031. The purpose of ShapingSEQ is to manage growth sustainably and to ensure prosperity and livability in the region. To assist in achieving its’ purpose, ShapingSEQ prescribes a number of themes and goals in its vision. The following themes are woven through all aspects of the plan which underpin the overall purpose of the 50-year vision.

    • Grow- sustainably accommodating a growing population

    • Proper- a globally economic powerhouse

    • Connect- moving people, products and information efficiently

    • Sustain- promoting ecological social sustainability

    • Live- living in better designed communities.

    To appropriately manage development within the region, the plan allocates all land in SEQ into three land use categories, which provide the spatial context for the regulatory provisions within the Planning Regulation 2017. The three land use categories are as follows:

    • Urban Footprint;

    • Regional Landscape and Rural Production Area; and

    • Rural Living Area. The intent of the Urban Footprint area is to identify areas where urban development should be accommodated. The Urban Footprint is predominately made up of existing urban areas, but includes some greenfield areas with potential for new urban development. The intent of the Regional Landscape and Rural Production Area is to protect natural assets and landscapes from encroachment by urban development, whilst still supporting the development and economic growth of rural communities and industries. The intent of the Rural Living Area is to consolidate rural residential development in suitable locations, providing for housing and lifestyle choice.

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    As outlined in Figure 6 below, the subject site is located within the Urban Footprint land use category of ShapingSEQ.

    Figure 6: ShapingSEQ Land Use Category

    SOURCE: Queensland Spatial Information Regional Footprint (23/08/2018)

    ShapingSEQ forecasts that an additional 6,200 dwellings that will be required to be accommodated within Somerset to cater for the expected regional growth (as shown in Figure 9 below). Figure 9 shows the expected population growth, and dwelling supply benchmarks for the sub-region, to 2041. It is forecasted that the population will increase by 12,800 in 2041. This proposal will assist in providing the necessary employment opportunities and commercial/retail services to support the forecasted population growth in the Somerset region.

    Figure 7: Dwelling Supply Benchmarks 2016-2041

    Source: ShapingSEQ page 108

    Further, as this proposal is for an urban purpose within an urban area, the proposal is consistent with the provisions of ShapingSEQ and will assist with achieving the overall vision of the plan.

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    6.2 State Development Assessment Provisions (SDAP)

    The State Development Assessment Provisions (SDAP) is a statutory document covering the State interests and is prescribed in the Planning Regulation 2017. Schedule 10: Planning Regulation 2017 Part 4, Division 3, Section 22 sets out the Referral agency assessment rules. Any applicable referral triggers have been identified in accordance with Schedule 10 of the Planning Regulation 2017 and the Development Assessment Mapping which is included as Appendix C1.

    Schedule 10 Referral Trigger

    Part 1 – Airport Land

    The proposed development is not located on airport land. No referral triggered

    Part 2 – Brothel

    A Brothel does not form part of the proposal. No referral triggered

    Part 3 – Clearing Native Vegetation

    Operational Work:

    The proposed development does not involve the clearing of native

    vegetation on land that is not considered exempt clearing work or

    accepted development under schedule 7m part 3, section 12.

    Reconfiguring a lot or Material Change of Use:

    The lot that the application relates to is not 5ha or larger.

    No referral triggered

    Part 4 – Contaminated Land

    The proposed development is not located on land that is listed on

    the contaminated land register or the environmental management

    register.

    No referral triggered

    Part 5 – Environmentally Relevant Activities

    An environmentally relevant activity does not form part of the

    proposal.

    No referral triggered

    Part 6 – Fisheries

    Material Change of Use:

    A material change of use for aquaculture does not form part of the

    proposal.

    Operational Work:

    The proposal does not involve operational work that is located

    completely or partly in a declared fish habitat area, does not involve

    the removal, destruction or damage of a marine plant and does not

    involve constructing or raising waterway barrier works.

    No referral triggered

    Part 7 – Hazardous Chemical Facilities

    A hazardous chemical facility does not form part of the proposal. No referral triggered

    Part 8 – Heritage Place

    The proposed development is not located on a local heritage place

    or a Queensland heritage place.

    No referral triggered

    Part 9 – Infrastructure-related Referrals

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    Designated Premises:

    The proposed development is not located on premises that are the

    subject of a designation made by the Minister.

    Electricity:

    The proposed development is not located on land subject to an

    easement for the benefit of a distribution entity or transmission

    entity and is not located within 100m2 of a substation site. Please

    refer to Appendix C3.

    Oil and Gas:

    The proposed development is not located on a lot that is subject to

    an easement for the benefit of the holder of a pipeline license.

    State Transport Infrastructure:

    • The proposed development does not exceed the threshold for development in local government area 2 stated in schedule 20 as the proposal does not exceed 4,000m² gross floor area for a Shop or Food and drink outlet.

    • The proposed development is located on a premise within 25m of a State transport corridor or are a future State transport corridor.

    o Please also note that discussions have been held with SARA regarding the potential referral of the application to Main Roads, and it has been determined due to the nature of this application, that not all of the required referral triggers required if within 25 metres of a state controlled road, are satisfied and hence referral is not required. Please see Appendix C4 for further clarification.

    • The proposed development does not involve a premise

    located on or within 50m of a State-controlled transport

    tunnel or a future State-controlled transport tunnel.

    • The proposed development is not located adjacent to a

    road that intersects with a State-controlled road and is

    within 100m of the intersection as it is located along a

    State-controlled road.

    No referral triggered

    Part 10 – Koala Habitat Area

    The proposed development is not located on premises that are in a

    priority koala assessable development area.

    No referral triggered

    Part 11 – Noise Sensitive Place on Noise Attenuation Land

    The proposed development is not located on a premise that is No referral triggered

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    identified as noise attenuation land.

    Part 12 – Operational Work for Reconfiguring a Lot

    The proposed development does not involve Operational Work for

    Reconfiguring a Lot.

    No referral triggered

    Part 13 – Ports

    The proposed development is not located on Brisbane core port

    land.

    No referral triggered

    Part 14 – Reconfiguring a Lot under Land Title Act

    The proposed development is not for reconfiguration stated in

    schedule 6, part 4, section 21(2), is not located on Brisbane core

    port land, is not for reconfiguring a South Bank lot within the

    corporation area under the South Bank Corporation Act 1989 and is

    not a lot that is identified as being within a priority development area

    or that is PDA-associated land for a priority development area.

    No referral triggered

    Part 15 – SEQ Development Area

    The proposed development is not completely or partly located in an

    SEQ development area.

    No referral triggered

    Part 16 – SEQ Regional Landscape and Rural Production Area and SEQ Rural Living

    Area

    The proposed development is not completely or partly located in an

    SEQ regional landscape and rural production area or the SEQ rural

    living area.

    No referral triggered

    Part 17 – Tidal Works or Work in a Coastal Management District

    Operational works & Material Change of Use:

    The proposed development does not involve operational works that

    is located within a Coastal Management district.

    Reconfiguring a lot:

    The proposed development is not for reconfiguring a lot that is all or

    partially within a coastal management district involving moving or

    creating a boundary of a lot into or within 30m of an erosion prone

    area or for the construction of a canal.

    No referral triggered

    Part 18 – Urban Design

    The proposed development does not result in an increase in the

    gross floor area of the premises by 25,000m².

    No referral triggered

    Part 19 – Water Related Development

    The proposed development is not for Operational works that

    involves taking or interfering with water, removing quarry material or

    for the construction of a dam.

    No referral triggered

    Part 20 – Wetland Protection Area

    The proposed development is not located in a wetland protection

    area.

    No referral triggered

    Part 21 – Wind Farms

    A wind farm does not form part of the proposal. No referral triggered

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    6.3 Other State Matters

    Regulated Vegetation The site does not trigger referral for any State regulated vegetation. Please refer to Appendix C2 for further details. Koala Habitat The site is not within a koala habitat area.

    7.0 ASSESSMENT AGAINST THE SOMERSET REGION PLANNING SCHEME VERSION 3

    It is considered that all the applicable Codes are complied with as shown in Appendix B of this report. Importantly, assessment of this proposal against the relevant codes indicated that this proposal is consistent with the provisions of the planning scheme.

    7.1 Defined Use, Zone and Level of Assessment

    As the proposed development is Code Assessable, it is required to demonstrate compliance (where applicable) with the relevant codes contained within the Planning Scheme. The applicable provisions in this particular instance are considered as follows: - Reconfiguring a Lot Code - Services, Works and Infrastructure Code - Transport, Access and Parking Code

    For further information in relation to the assessment of this proposed development against the relevant codes please refer to Appendix B – assessment against the Somerset Regional Council Planning Scheme. Under the Planning Act 2016, reconfiguring a lot means— (a) creating lots by subdividing another lot; or (b) amalgamating 2 or more lots; or (c) rearranging the boundaries of a lot by registering a plan of subdivision under the

    Land Act or Land Title Act; or (d) dividing land into parts by agreement rendering different parts of a lot immediately available

    for separate disposition or separate occupation, other than by an agreement that is— i. a lease for a term, including renewal options, not exceeding 10 years; or ii. an agreement for the exclusive use of part of the common property for a community

    titles scheme under the Body Corporate and Community Management Act 1997; or (e) creating an easement giving access to a lot from a constructed road.

    Somerset Region Planning Scheme – Version 3 The proposed development is consistent with the definition of Reconfiguring a Lot, as contained within the Somerset Region Planning Scheme. The subject site is situated in the Centre Zone of the Somerset Region Planning Scheme – Version 3.

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    Table 2: Categories of Development and Assessment for Reconfiguring a Lot

    Column 1 Zone

    Column 2 Categories of Development and Assessment

    Column 3 Assessment Benchmarks

    Code assessment

    • Reconfiguring a Lot code

    • Services, works and infrastructure code

    • Transport, access and parking code

    As such, the proposed Reconfiguring a Lot application is Code assessable.

    7.2 Local Government Infrastructure Plan (LGIP)

    The purpose of the Local Government Infrastructure Plan (LGIP) is to identify the Council’s plans for trunk infrastructure that are necessary to service urban development. Land contributions and works associated with the future trunk infrastructure identified within the LGIP can be offset against the adopted infrastructure charges for the development. The proposed development does not trigger any land contribution or works for trunk infrastructure identified within the LGIP.

    Public park and community land

    Figure 8 – LGIP Map for Public park and community land – Proposed Upgrades

    SOURCE: Somerset Region Planning Scheme Version 3

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    Figure 9 – LGIP Map for Public park and community land – Proposed Upgrades SOURCE: Somerset Region Planning Scheme Version 3

    Stormwater

    Figure 10 – LGIP Map for Stormwater – Existing Infrastructure

    SOURCE: Somerset Region Planning Scheme Version 3

    Roads

    Figure 11 – LGIP Map for Roads - Proposed

    SOURCE: Somerset Region Planning Scheme Version 3

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    Development Application for ROL – (8 into 3) – Brisbane Valley Highway, Fernvale QLD 4306 Page 22 of 22

    8.0 CONCLUSION

    This application for Reconfiguring a Lot is considered an ideal and appropriate form of development, while effectively mitigating any adverse impacts on existing surrounding properties. This report demonstrates that the proposed development:

    • complies with the provisions and intent of South East Queensland Regional Plan 2017 (ShapingSEQ);

    • complies with the applicable assessment benchmarks of the Somerset Region Planning Scheme – Version 3;

    • is identified as intended development within the Centre Zone;

    • provides for good quality development at an appropriate scale;

    • is not considered likely to detrimentally impact on any adjoining or nearby properties; and

    • will not compromise the future planning intent of the area. Accordingly, it is considered that there are sufficient grounds for Somerset Regional Council to approve this application and grant a Development Approval for a Reconfiguration of a Lot over the subject site.