TOWN PLANNING REPORT · 2019. 10. 29. · HPC Urban Design + Planning ACN 095 337 661 BRISBANE Level 12, 126 Margaret Street, Brisbane QLD 4000 GOLD COAST Level 9, 1 Corporate Court,

TOWN PLANNING REPORT

Development Permit for Building

Works for Outbuilding

Lot 41 Margaret Street, Harlin, QLD

4314

Lot 41 on SP122423

October 2019

HPC Urban Design + Planning

ACN 095 337 661

BRISBANE

Level 12, 126 Margaret Street, Brisbane QLD 4000

GOLD COAST

Level 9, 1 Corporate Court, Bundall QLD 4217

PO Box 15038, City East QLD 4000

T: (07) 3217 5800 W: www.hpcurban.com.au

© HPC Urban Design + Planning

This document is and shall remain the property of HPC Urban Design + Planning. The document

may only be used for the purposes for which it was commissioned and in accordance with the Terms

of Engagement for the commission. Unauthorised use of this document in any form whatsoever is

prohibited.

Prepared by HPC Urban Design + Planning Pty Ltd

Reference 19228

Document Control

Rev Date File Author Reviewer Status

01 28/10/2019 DA Report RP HH Final for lodgement

http://eplan.brisbane.qld.gov.au/CP/Part3Theme1

Town Planning Report Lot 41 Margaret Street, Harlin, QLD 4314

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U r b a n P l a n n i n g | U r b a n D e s i g n | P r o j e c t M a n a g e m e n t | D e v e l o p m e n t A d v i c e

Site and Application Details

Address Lot 41 Margaret Street, Harlin, QLD 4314

Lot 41 on SP122423

Site Area 6.784ha

Local Authority Somerset Regional Council

Local Authority Zoning Rural

Local Plan Not applicable

Existing Use/s Brisbane Valley Rail Trail

Application Details Building Works for Outbuilding – Development Permit

Level of Assessment Code

Referral Agencies Not applicable

Applicant Details State of Queensland (Department of Transport and Main Roads)

C/- HPC Urban Design + Planning Pty Ltd

Level 12, 126 Margaret Street, Brisbane QLD 4000

Contact: Rachel Pegg

Phone: (07) 3217 5800

Email: [email protected]

Web: www.hpcurban.com.au

Land Owner State of Queensland (represented by Department of Transport and Main

Roads)

Application Overview

http://eplan.brisbane.qld.gov.au/CP/Part3Theme4


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Contents

1 Introduction ........................................................................................................................................ 5

1.1 Overview ................................................................................................................................... 5

1.2 Legislative Framework .............................................................................................................. 5

1.3 Summary of Proposals ............................................................................................................. 5

1.4 Supporting Information ............................................................................................................. 5

1.5 Recommendation ...................................................................................................................... 5

2 Site + Surrounding Development ..................................................................................................... 6

2.1 Property Description ................................................................................................................. 6

2.2 The Site .................................................................................................................................... 6

2.3 Easements ................................................................................................................................ 7

2.4 Urban Servicing ........................................................................................................................ 7

2.5 On-Site Vegetation ................................................................................................................... 7

2.6 Site History ............................................................................................................................... 7

3 Proposed Development ................................................................................................................... 8

3.1 Application Details .................................................................................................................... 8

3.2 Proposal Overview .................................................................................................................... 8

3.3 Key Planning Issues ................................................................................................................. 8

4 State Assessment Framework ......................................................................................................... 9

4.1 Planning Act 2016 ..................................................................................................................... 9

5 Local Assessment Framework ....................................................................................................... 13

5.1 Somerset Region Planning Scheme....................................................................................... 13

5.2 Approval Sought ..................................................................................................................... 13

5.3 Land Use Definition ................................................................................................................ 13

5.4 Categories of Assessment ...................................................................................................... 13

5.5 Applicable Planning Scheme Codes ...................................................................................... 14

5.6 Application Fee ....................................................................................................................... 14

6 Conclusion ..................................................................................................................................... 15

Appendix A: Proposal Plans The Shed Company Appendix B: Code Compliance Statements HPC Urban Appendix C: Registered Title DNRME Appendix D: Owner’s Consent State of Queensland (DTMR) Appendix E: DA Form 2 HPC Urban

Appendices


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1 Introduction

1.1 Overview

HPC Urban Design & Planning Pty Ltd (HPC Urban) have been engaged by The Department of

Transport and Main Roads (“the Applicant”) to prepare and lodge a development application seeking a

Development Permit for Building Works for Outbuilding over Lot 41 Margaret Street, Harlin, QLD 4314

described as Lot 41 on SP122423 (“the subject site”).

This town planning report provides context to the proposed development by describing the subject site

and surrounding locality. Second, the report provides an independent assessment of the proposal

against the applicable statutory planning instruments, which demonstrates the acceptability of the

proposal.

1.2 Legislative Framework Under the Somerset Region Planning Scheme Version Three, the subject site is located within the Rural

zone. The proposed building works are subject to Code Assessment, and do not trigger referral to any

external or State agencies. The subject site is identified as being affected by the following overlays:

• Agricultural land overlay;

• Biodiversity overlay;

• Catchment management overlay;

• Flood hazard overlay;

• High impact activities management area overlay;

• Infrastructure overlay;

• Landslide hazard overlay;

• Local heritage overlay;

• Scenic amenity overlay; and

• Stock route management overlay.

1.3 Summary of Proposals The subject site forms part of the Brisbane Valley Rail Trail and does not feature any built improvements.

The proposal is to construct a 70m2 outbuilding near the intersection of Tom Street and Margaret Street.

1.4 Supporting Information This town planning report should be read in conjunction and considered with the following supporting

documentation:

• Proposal Plans by The Shed Company

All relevant supporting information has been provided for the development application to be considered

Properly Made.

1.5 Recommendation

This independent town planning report demonstrates that the proposed development is an appropriate

outcome for the site, generally accords with the relevant provisions of the Somerset Region Planning

Scheme Version Three and will not prejudice the development potential of adjoining lots. As such, the

application is recommended for approval, subject to reasonable and relevant conditions.


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2 Site + Surrounding Development

2.1 Property Description The site is comprised of a single lot as described below (Table 1).

Street Address RP Description Zoning Site Area

Lot 41 Margaret Street, Harlin Lot 41 on SP122423 Rural 6.784ha

Table 1: Site Details

2.2 The Site The subject site is located within the township of Harlin, approximately 12.4km north of Toogoolawah.

The subject site presents as an elongated parcel, situated between the Brisbane River and Brisbane

Valley Highway (Figure 1). Historically, the site accommodated the Brisbane Valley Railway Line which

has since been removed. The site now forms part of the Brisbane Valley Rail Trail and does not feature

any built improvements.

Figure 1: Aerial view of the subject site Source: Queensland Globe

The subject site, as well as the majority of the surrounding area, is identified under the Rural zone (Figure 2). Properties directly facing the Brisbane Valley Highway are zoned as Community Facilities as they include the Harlin State School, Simeon Lord Park, a service station and hotel.


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Figure 2: Surrounding Zones Source: Planning Scheme

2.3 Easements

No easements currently burden or benefit the subject site.

2.4 Urban Servicing

The subject site does not feature any urban servicing. Connections to the appropriate services will be

made in accordance with the suppliers’ specifications.

2.5 On-Site Vegetation

The site is void of significant vegetation. No ecological impacts are anticipated as a result of the

proposed development.

2.6 Site History

There are no historic or current development applications recorded on Council’s PD Online for the

subject site. However, the historic Brisbane Valley Railway Line once traversed the site and has since

been removed. The site is currently used for as the Brisbane Valley Rail Trail for running, cycling and

horse riding.


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3 Proposed Development

3.1 Application Details This application seeks a Development Permit for Building Works for Outbuilding over Lot 41 Margaret

Street, Harlin, QLD 4314 described as Lot 41 on SP122423.

3.2 Proposal Overview The proposal is to construct an outbuilding, being a storage shed, upon the subject site. The shed will

be located approximately 15m west of Tom Street and 10m south of Margaret Street. The shed will

come to a maximum building height of 3.62m and will cover 70m2 in floor area.

3.3 Key Planning Issues This section provides a detailed discussion of key planning issues for the proposed development:

3.3.1 Local Heritage The subject site is identified in Local Heritage Overlay as it contains remnants of the Harlin Rail Bridge.

The overlay does not specify the particulars of the bridge but works to ensure that the heritage place is

conserved. The proposed outbuilding will be located approximately 350m from the bridge where it

crossed Ivory Creek. Due to the separation of the proposed development from the heritage place, no

historic or cultural significance will be lost or affected.

3.3.2 Flooding The subject site is identified as a potential flood hazard area under the Flood Hazard Overlay. This is

due to the site’s proximity to the Brisbane River. Due to the minor scale and nature of an outbuilding,

the proposal will not impact upon flood risk to the subject site and adjoining properties.


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4 State Assessment Framework

This section of the report explains the applicable components of the statutory town planning framework

and its relevance to the proposed development.

4.1 Planning Act 2016 The Planning Act 2016 (“the Act”) is the governing piece of legislation that regulates development within

Queensland. The Act seeks to provide for an efficient, effective, transparent, integrated, coordinated

and accountable system of land use planning and development assessment to facilitate the

achievement of ecological sustainability. Chapter 3 of the Act and the Development Assessment Rules

2017 set the framework and processes for integrating State and Local Government development

assessment. Relevant parts of the Act are addressed below, including referral agency assessment and

public notification, are addressed below.

4.1.1 Code Assessment Section 44(3) of the Act prescribes that a development approval is required to carry out assessable

development, as declared under the categorising instrument. In this instance, Code Assessment

development application is required to be made to the assessment manager to acquire the necessary

development approvals.

4.1.2 Public Notification According to Section 53 of the Act, public notification is required for a development application which is

subject to Impact Assessment or includes a variation request. As the development application requires

Code Assessment, public notification is not required to be conducted.

4.1.3 Referral Agencies Under the Act and Planning Regulation 2017 (the Regulation) various components of development

applications trigger referral of the application to external Referral Agencies. Section 56 of the Act

prescribes the powers granted to referral agencies, which include the ability to request additional

information and to direct the assessment manager to approve development, impose conditions, or

refuse the application. The Regulation identifies where a referral agencies assessment powers are

limited to the provision of advice only.

The Department of State Development, Manufacturing, Infrastructure and Planning is the single

lodgement and assessment point for all applications where the state has jurisdiction under the Act and

the Regulation.

Potential referral triggers have been mapped using the Development Assessment Mapping System

(DAMS), which includes SARA mapping, as depicted in Figure 3 below.


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Figure 3: SARA Mapping Source: DAMS

As per the SARA mapping system, the site is subject to the following matters of interest:

• SEQ Regional Plan land use categories – Regional landscape and rural production area

• Water resources – Water resource planning area boundaries

• State transport – Area within 25m of a State-controlled road

• Fish habitat areas – Queensland waterways for waterway barrier works (major and low)

Schedule 10 of the Regulation identifies where development requires referral agency assessment under

the Act. Assessment against Schedule 10 confirms that the following identified matters of interest do

not trigger referral for the proposed development.

4.1.4 State Development Assessment Provisions The State Development Assessment Provisions (SDAP) provide assessment benchmarks for

development applications requiring referral to the chief executive (SARA). This development application

does not require referral to the chief executive (SARA), therefore the SDAP does not apply to this

development application.

4.1.5 State Planning Policy The State Planning Policy (SPP), adopted on 3 July 2017, is a State planning instrument made by the

Minister under section 10 of the Act. The SPP defines the Queensland Government’s policies about

matters of state interest in land use planning and development. The State Planning Policy (SPP) is a

key component of Queensland’s land use planning system, which enables development, protects the

natural environment and allows communities to grow and prosper.

Pursuant to section 26 of the Regulation, an assessment manager must have regard to the SPP to the

extent that part E of the SPP is not adequately reflected in the planning scheme. The SPP (July 2014)

is identified as being appropriately reflected within the Somerset Region Planning Scheme Version


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Three. Notwithstanding this, an assessment against the current SPP has been undertaken in Table 2

below.

State Interest Assessment

Planning for liveable communities and housing

Liveable communities

The proposed outbuilding has a functional design which is consistent with the character of the locality.

Housing supply and diversity

Not applicable. The subject site is not located on residential land and the proposal is not for residential development.

Planning for economic growth

Agriculture The proposed development will retain the existing use of the site as a rail trail. Due to this use, agricultural activities are not appropriate or proposed.

Development and construction

The proposal is ancillary to the existing use of the site as a rail trail and will assist in the overall maintenance of the trail.

Mining and extractive resources

Not applicable. The proposal does not involve mining or extractive resources.

Tourism Not applicable. The proposal is not for tourism activities.

Planning for the environment and heritage

Biodiversity The proposed outbuilding will be situated away from MSES areas.

Coastal environment Not applicable. The subject site is not located in a coastal environment.

Cultural heritage The identified local heritage on site will be retained and not impacted by the proposed outbuilding.

Water quality The proposed outbuilding will not significantly affect stormwater quality.

Planning for safety and resilience to hazards

Emissions and hazardous activities

The proposed outbuilding will not store hazardous goods and will not generate emissions.

Natural hazards, risk and resilience

The scale and location of the proposed outbuilding will minimise any potential flooding impacts on the site.

Planning for infrastructure

Energy and water supply

Not applicable. The proposal does not involve major energy or water infrastructure.

Infrastructure integration

The proposed development will retain the rail trail.

Strategic airports and aviation facilities

Not applicable. The subject site does not involve an airport or aviation facility.

Strategic ports Not applicable. The subject site does not involve a strategic port.

Transport infrastructure

The proposed development will retain the rail trail which is a regional active transport route.

Table 2: Assessment against the SPP

A map of the State interest items was obtained using the SPP Interactive Mapping System (IMS), as

depicted in Figure 4, below.


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Figure 4: State Planning Policy mapping Source: SPP IMS

4.1.6 ShapingSEQ (South East Queensland Regional Plan 2017) The South-East Queensland (SEQ) Regional Plan 2017, also known as ShapingSEQ, is the pre-

eminent strategic land use plan for the region and provides a framework to manage growth, change,

land use and development in SEQ. As demonstrated in Table 3 below, the proposed development is

consistent with the goals, elements and strategies of the SEQ Regional Plan.

SEQRP relevant part

Compliance

Chapter 3, Part A: Goals, elements and strategies

Chapter 3, Part A contains five goals for the region, of which Goal 3: Connect is applicable to the proposed development. The proposal is located within a dedicated active transport corridor, the Brisbane Valley Rail Trail. The development of an outbuilding upon the site, to assist in the maintenance of the trail, will support active transport at that fine-grain level.

Chapter 3, Part B: Regional Growth Pattern

The subject site is located within the Regional Landscape and Rural Production Area of the regional plan. The proposed development is not for urban or rural residential use.

Chapter 3, Part C: Sub-regional directions

The development is located in the Western sub-region. The overall outcome for the sub-region is to have interconnected communities. The rail trail assists in connecting rural towns through active transport and history. The proposed outbuilding, will contribute to the overall maintenance of the trail and connectivity of the area.

Table 3: ShapingSEQ assessment


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5 Local Assessment Framework

5.1 Somerset Region Planning Scheme The Somerset Region Planning Scheme Version Three (Planning Scheme) is the relevant local

planning instrument for assessing this development application. The following sections of the town

planning report evaluate the proposed development against the relevant provisions of the Planning

Scheme.

5.2 Approval Sought

This application seeks a Development Permit for Building Works for Outbuilding.

5.3 Land Use Definition The Planning Scheme defines Outbuilding as:

A Class 10a building, as defined in the Building Code of Australia.

The proposal is for a private shed, in accordance with the Building Code of Australia definition of a

Class 10a building.

5.4 Categories of Assessment Building works for an outbuilding triggers codes assessment when located in the Rural zone (Figure 5).

Figure 5: Table 5.7.1 – Building Work Source: Planning Scheme


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5.5 Applicable Planning Scheme Codes The following codes have been identified as applicable to this application. Detailed assessment against

the codes is provided in Appendix B.

Code Initial Response

Rural zone code The proposed outbuilding is consistent with the rural character of the locality and complies with the outcomes of the code.

Agricultural land overlay code

In accordance with Table 5.10.1, assessment against the code is not required for building works.

Biodiversity overlay code In accordance with Table 5.10.3, assessment against the code is not required for building works.

Catchment management overlay code


Flood hazard overlay code The proposal generally complies with the outcomes of the code.

High impact activities management area overlay code


Infrastructure overlay code In accordance with Table 5.10.9, assessment against the code is not required for building works.

Landslide hazard overlay code


Local heritage register overlay code

The proposal will not impact upon the local heritage place and complies with the acceptable outcomes of the code.

Scenic amenity overlay code


Stock route management overlay code


5.6 Application Fee A fee of $1,000.00 is expected to be charged for Building work assessable against the planning scheme

(code), in accordance with the Somerset Regional Council Register of Cost-Recovery Fees and

Schedule of Fees and Charges 1 July 2019 to 30 June 2020.


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6 Conclusion

This town planning report has been prepared on behalf of State of Queensland (Department of

Transport and Main Roads), in support of a development application seeking a Development Permit for

Building Works for Outbuilding over Lot 41 Margaret Street, Harlin, QLD 4314 described as Lot 41 on

SP122423.

The application has been assessed against the relevant requirements of the Somerset Region Planning

Scheme Version Three and is demonstrably appropriate for the subject site. The proposal is generally

consistent with the relevant codes and outcomes of the Planning Scheme and has sufficient merit to

warrant approval. Consequently, the application is recommended for approval subject to reasonable

and relevant conditions.

This town planning report has demonstrated the following key town planning grounds as the basis for

the above recommendation:

• The proposal is minor in scale and consistent with the character of the locality;

• The outbuilding will not impact upon the site’s local heritage; and

• The outbuilding will not increase flood risk upon the site and adjoining properties.

In conclusion, it is recommended that a Development Permit for Building Works for Outbuilding be

granted in accordance with the plans and documentation submitted.

Yours sincerely,

HPC Urban Design & Planning Pty Ltd

A.C.N. 095 337 661

Documents

TOWN PLANNING REPORT · 2019. 10. 29. · HPC Urban Design + Planning ACN 095 337 661 BRISBANE Level 12, 126 Margaret Street, Brisbane QLD 4000 GOLD COAST Level 9, 1 Corporate Court,