geomatica glenella, qld, 4740 tel.geomatica land development consulting 38 gingham street glenella,...

GeomaticaLand Development Consulting

38 Gingham StreetGlenella, QLD, 4740

Tel.: (07) 4942 2505

Town Planning Reportfor

Access Easement at Nicholson Road, Sarina

Project Ref. No.: 00504.01 Revision No. 1 2 March 2015 of 18

File: D:\Geomatica\Projects\504\504.01 Planning and quote\Planning\1 Application stage\Easement application\504.01 Planning report_Access easement.odt

melissas

Received (Manual Date)

Table of Contents 1 Summary....................................................................................................................................3

1.1 Site Details..........................................................................................................................3 1.2 Application Details...............................................................................................................3 1.3 Local Planning Scheme Designations................................................................................3 1.4 Regional Plan Designations................................................................................................3 1.5 State Assessment Referral Triggers....................................................................................4 1.6 State Planning Policies........................................................................................................4

2 Subject Site and Surrounding Locality.......................................................................................4 2.1 Subject Site.........................................................................................................................4 2.2 Surrounding Locality............................................................................................................8

3 The Proposal..............................................................................................................................8 4 Planning Assessment.................................................................................................................9

4.1 State Development Assessment Provisions.......................................................................9 4.1.1 State-controlled road and Area within 25m of a State-controlled road..........................10 4.1.2 Water resources planning area boundaries...................................................................10 4.1.3 Qld waterways for waterway barrier works....................................................................11 4.2 State Planning Policies......................................................................................................11 4.3 Regional Plan....................................................................................................................11 4.4 Local Town Planning Scheme...........................................................................................11 4.4.1 Rural Zone Code............................................................................................................11 4.4.2 Bushfire Management Overlay Code.............................................................................12

5 Conclusion................................................................................................................................15 6 Title documents.........................................................................................................................16

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1 Summary

1.1 Site Details

Street Address L 12 & 281 Sarina Homebush Road, Sarina

Real Property Description Lot 12 on RP704481 and Lot 10 on RP704484.

Site Area Lot 12 on RP704481 = 13.5 haLot 10 on RP704484 = 56.38 haTotal area = 69.88 ha

Existing Land Use Agriculture – Sugar cane farm

1.2 Application Details

Prepared for Lirossa Pty Ltd

Applicant Geomatica

Applicant Address 38 Gingham Street, Glenella, QLD, 4740

Contact Person Charles Gosling

Telephone 0459 358 809

Email [email protected]

Development Proposal Create a 10m wide easement in favour of Lot 10 on RP704484 and Lot 3 on RP708794 burdening Lot 12 on RP704481 and Lot 10 on RP704484, to give legal access from Nicholson Road.

Category of Development Assessable Development

Level of Assessment Code

1.3 Local Planning Scheme Designations

Town Planning Scheme Sarina Shire Planning Scheme

Locality

Precinct

Zone Rural (Sarina)

Applicable Codes Rural zone code

Applicable Overlays Bushfire Management

1.4 Regional Plan Designations

Regional Plan Mackay, Isaac and Whitsunday Regional Plan

Regional Land Use Category Regional Landscape and Rural Production Area

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1.5 State Assessment Referral Triggers

Agency State interest Assessment

Transport State-controlled Road Not applicable

Area within 25m of State controlled road Not applicable

Economic Growth Water resource planning area boundaries Not applicable

Environment & Heritage Qld waterways for waterway barrier works Not applicable

1.6 State Planning PoliciesThere are no State Planning Policies that apply to this application that are not appropriately reflected in the Sarina Shire Planning Scheme.

2 Subject Site and Surrounding Locality

2.1 Subject SiteThe subject lots and the adjoining lots are generally flat and cultivated with sugar cane, however a 70m to 90m high,steep ridge runs approximately north-south along the southern and eastern boundaries of Lot 3 on RP708794.

Lot 10 on RP704484 and Lot 3 on RP708794 do not have legal access from a formed road. Access to Lot 10 on RP704484 is currently gained via Menso Road and the existing track which crosses the sugar railway line in Lot 16 on RP704481. Although this access route is well established, it is not a legal access. Access to Lot 3 on RP708794 is currently gained via Lot 10 on RP704484.

The road reserve of Grovely Road extends to beyond Lot 3 on RP708794, but the formed part of the road stops wellshort of the lot. Access to the lots via Grovely Road is not suitable, as it would entail crossing the steep ridge mentioned earlier.

The gradient of the southern boundaries of lot 12 on RP704481 and Lot 10 on RP704484 slope gently upwards from Nicholson Road in the west, towards the east. Spliter Creek, being a dry, ephemeral stream bed with trees, runs generally from south to north, from close to the intersection of the western boundary of Lot 3 on RP708794 with thesouthern boundary of Lot 10 on RP704484.

At the south-western corner of Lot 12 on RP704481 there is a power pole with a stay wire which runs northwards from the pole, across the preferred route of the proposed easement.

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Aerial photo showing subject lots and surrounding locality (from MiMaps).

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Photo showing Spliter Creek, looking west from within Lot 10 on RP704484, with the fence post at the corner of Lot 3on RP708794 and Lot 4 on RP708763 in the foreground.

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Photo showing the dry bed of Spliter Creek, looking north from within Lot 4 on RP708763, with the boundary fence between Lot 10 on RP704484 in the foreground.

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Photo showing power pole with stay wire at corner of Lot 12 on RP704481, and the uncultivated strip of land which isto accommodate the access easement between the cane field and the lot boundaries. The vegetation along Spliter Creek can be seen in the distance.

2.2 Surrounding LocalityThe surrounding locality is generally flat with gentle slopes, and cultivated with sugar cane, except for the ridge running north-south, which is covered generally with natural forest.

The unnamed road across Nicholson Road at the proposed easement is unformed, and serves only as the access to Lot 3 on RP842118.

3 The ProposalThe purpose of the easements is to provide legal access to Lot 10 on RP704484 and Lot 3 on RP708794. This accessis to be from Nicholson Road, over Lot 12 on RP704481 and Lot 10 on RP704484.

The easement is to be 10m wide and follow the southern boundaries of Lot 12 on RP704481 and Lot 10 on RP704484, to a point 10m beyond the intersecting boundary of Lot 3 on RP708794.

The strip of land to be used as an easement is currently free from cultivation, so the easement will have no adverse impact on agricultural production.

The easement is wider at Nicholson Road in order to circumvent the stay wire supporting the power pole at the south-west corner of Lot 12 on RP704481.

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4 Planning Assessment

4.1 State Development Assessment ProvisionsThe following matters have been identified as being of interest to the state for development assessment, which the chief executive administering the Sustainable Planning Act 2009 may have regard to when assessing the development application. None of the matters apply to this application, however, as is explained under the following headings.

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4.1.1 State-controlled road and Area within 25m of a State-controlled roadItem 2 of Table 2 of Schedule 7 of the Sustainable Planning Regulation 2009 specifies the following requirements to be met for the code to apply to a Reconfiguration of a lot development application:

Reconfiguration of a lot if-(a) any part of the land-

(I) is within 25m of a State-controlled road; or(II) is future State-controlled road; or(III) abuts a road that intersects with a State-controlled road that is within 100m of the land; and

(b) 1 or more of the following apply-(I) the total number of lots is increased;(II) the total number of lots abutting the State-controlled road is increased(III) there is a new or changed access between the land and the State-controlled road.

Item (a)(I) applies, but none of the items of part (b) apply, so the code is not applicable to this application.

4.1.2 Water resources planning area boundariesThe following State interests are identified:

• The State interest of “Taking or interfering with water” need only be assessed for Operational Works applications, so does not apply to this application.

• The State interest of “Interfering with water in drainage and embankment areas” need only be assessed for

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Operational Works applications, so does not apply to this application.• The State interest of “Removal of quarry material from a watercourse or lake” does not apply to this

application, as no quarry activity is proposed.

4.1.3 Qld waterways for waterway barrier worksThe State interest of “Constructing or raising waterway barrier works” need only be assessed for Operational Works applications, so does not apply to this application.

4.2 State Planning Policies

The Minister for Local Government and Planning has identified the following State Planning Policies as having been appropriately reflected in the Planning Scheme for the Shire of Sarina:

• Development and Conservation of Good Quality Agricultural Land – SPP 1/92

• Development in the Vicinity of Certain Airport and Aviation Facilities – SPP 1/02

• Planning and Managing Development Involving Acid Sulphate Soils – SPP 2/02

• Mitigating the Adverse Impacts of Flood, Bushfire & Landslide – SPP 1/03

There are no other State Planning Policies that have been identified as being applicable to this development application, which are not appropriately integrated in the planning scheme.

4.3 Regional Plan

There are no provisions of the Mackay Isaac Whitsunday Regional Plan applicable to this application.

4.4 Local Town Planning Scheme

The assessment category is 'Property access to a road that is not a state-controlled road as shown on MTEC1 and where not associated with reconfiguration of a lot' and relevant assessment criteria is:

• Rural Zone Code.

The level of assessment is code assessment.

4.4.1 Rural Zone Code

Overall Outcomes for the Rural Zone Code

(1) The overall outcomes are the purpose of the Rural Zone Code.

(2) The overall outcomes sought for the Rural Zone are the following: (a) Good quality agricultural land is protected from fragmentation; unless otherwise demonstrated by

overwhelming community need; and (b) Existing rural activities are protected from intrusion of incompatible uses, except for urban

residential expansion adjoining the northern part of Sarina Township between the Bruce Highway and Sarina Beach Road; and

(c) A wide range of agricultural and animal husbandry uses, and other compatible primary production uses occur in the Rural Zone; and

(d) The rural character of the Shire is retained; and(e) The productive capacity of land is maintained; and

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(f) Residential uses are primarily ancillary to other uses in the Rural Zone; and(g) Non-agricultural uses, such as recreation, roadside stall, home based business, host

home accommodation, educational or tourism related uses are of a low intensity and scale; and (h) Other uses are located in the Rural Zone if they cannot practically be located in urban

areas due to their: (i) nature; or (ii) scale; or (iii) effects; or (iv) necessary relationship to a particular cultural heritage feature, natural resource or feature, infrastructure or activity; and

(i) Uses and works are located, designed and managed where they: − Are compatible with other uses and works; and − Maintain the safety of people and works; and − Maintain the health and safety of residents and visitors in the rural area and the

amenity they enjoy; and − Maintain the scenic values of the natural environment enjoyed by residents and

visitors in the rural area; and − Avoid significant adverse effects on the natural and cultural heritage values of the

environment; and − Maximise the efficient use and extension and safe operation of infrastructure; and − Cause no adverse impact (due to site specific or cumulative effects) on water quality

(surface and ground); − Do not compromise the operation or expansion of the major port and related facilities

at Hay Point; − Do not compromise the efficiency and safety of any road and are connected to the

Shire road network and urban centres by roads capable of accommodating the type and volume of traffic likely to be generated;

− Are provided with a water supply, liquid and solid waste disposal system and electricity supply adequate for all on-site purposes; and

− Do not intrude into buffer areas around activities requiring separation from incompatible uses (such as Extractive Industry, Intensive Animal Industry, Stables, Kennels and Catteries).

This proposal is to provide legal access to two isolated lots from a formed road, being Nicholson Road.

There will be no change to the use and intensity of the subject lots. The strip of land to be used for the easement is uncultivated as it is an existing track between the existing cane fields and the lot boundaries.

The proposed access point does not compromise the efficiency and safety of Nicholson Road. The unnamed road across Nicholson Road at the proposed easement is unformed, and serves only as the access to Lot 3 on RP842118. The proposed access point is immediately adjacent to the existing access point to Lot 4 on RP708763 to the south, thus not creating any further access points on Nicholson Road.

The stay wire supporting the power pole at the intersection of the proposed easement and Nicholson Road can easily be circumvented by widening the easement by 15.5m at the intersection with Nicholson Road, without the need to relocate the pole.

Spliter Creek is dry most of the time, yet it is an ephemeral stream, and where the proposed access easement crosses Spliter Creek, it will have to be suitably graded and a culvert installed, to accommodate any future flows when the access track is constructed in the future.

The Overall Outcomes for the Rural Zone Code have been met by achieving the overall outcomes of the code as there is nothing in the proposed access easements that would be inconsistent with those outcomes.

4.4.2 Bushfire Management Overlay Code

Both Lot 12 on RP704481 and Lot 10 on RP704484 are partially affected by the Bushfire Management Overlay Code

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and are identified as having a medium risk of bushfire, as shown on the following overlay map from MiMaps.

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The Overall Outcomes sought for the areas subject to the Natural Hazard Management Areas Overlay Code are: (a) Development in natural hazard management areas is planned and designed to minimise the risk to life and property and the cost to the community; (b) Development ensures that reference points for identification of acid sulfate soils are appropriately managed to avoid risk to the environment and safety (not applicable).

Specific Outcomes for the Natural Hazards Management Areas Overlay Code (Bushfire Management)Specific Outcomes Probable Solutions Response Comment

Element (i): LOT LAYOUT and SAFETY

SO1 Development maintains the safety of people and property by: (a) avoiding areas of High or Medium bushfire hazard; or (b) mitigating the risk through: • lot design and the siting of buildings; and • including firebreaks that provide adequate setbacks buildings/structures and hazardous vegetation and; access for fire fighting and

PS1.1 The road layout provides for “through-roads” and does not include cul-de-sac and “dead end” roads (see Figure A). PS1.2 The solutions identified for specific outcome 1., Appendix 5B, State Planning Policy 1/03 Guideline-Mitigating the Adverse Impacts of Flood, Bushfire and Landslide.

Achieved The proposed access will serve as a firebreak, and as an escape route in theevent of a bushfire.

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Specific Outcomes Probable Solutions Response Comment

other emergency vehicles; • providing adequate road access for fire fighting and other emergency vehicles and safe evacuation; and • providing an adequate andaccessible water supply for fire fighting purposes.

Element (ii): FIREBREAKS

SO2 Where development involves reconfiguring a lot, firebreaks must be around and through the development (where appropriate), and must: - have sufficient width to both serve as an effective fire break and allow continuous access for fire fighting vehicles; and- be in secure tenure and maintained.

PS2.1 Firebreaks are provided by: - a minimum 20m wide cleared road reserve located between the development site and surrounding vegetated lands; or - roadways situated around the outside of the development site; or - the development being separated from medium/high bushfire hazard areas by a cleared buffer of 1.5 times the height of the canopy; and

PS2.2 Fire breaking trails are provided between the development site and surrounding vegetated landsand such trails: - have a minimum cleared width of 6metres; - have a minimum formed width of 4metres; - have a maximum gradient of 1 in 6 (16%); - are constructed and maintained to prevent erosion and provide continuous access for fire fighting vehicles; - allow for vehicle access at least every 200 metres; and - provide passing or turning areas at least every 400 metres.

N/A The development does not involve reconfiguring a lot.

The overall outcomes have been met by achieving the specific outcomes of the code, by satisfying the probable solutions of the relevant code.

5 Conclusion

This report has been submitted in support of a development application for access easements for isolated lots to provide legal access to a formed road.

The proposal has been assessed against the relevant codes of the Sarina Shire Planning Scheme and has been foundto be generally consistent with the planning scheme.

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As a result, it is considered that the proposed development application be approved subject to reasonable and relevant conditions.

Council's comments were requested in regard to this application by way of an email to the Duty Planner. This application was discussed at a D.A.R.T. meeting and was found to be acceptable to Council. The following is a copy of the email received from Development Services on 28/04/2015:

6 Title documents

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geomatica glenella, qld, 4740 tel.geomatica land development consulting 38 gingham street glenella,...

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