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Pre-Request Response application 132008.176.02

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Sunshine Coast 2012/13 Regional Strategy and Planning

 

(Groene. Pre-Request Response Application

$368 of the Sustainable Planning Act 2009

 

ALL questions MUST be completed untess the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.

 

 
    

1. Details of person making the request

    
 
 
 
   

Full name ~ individual or company _ ee TIERS C.OVE |
ontact Name —for company -€. |. Ni ADINEe Cy C&€To:
ostal | address OK Lome -

Suburb _ Noose, HeRp=

Business phone Su SSSu 27 _|AIH pt phone ee.
Email: address nadine G@ Mavtooconse tre oN Con

 

 

 
 

  

 

  

2. Details of existing approval
Type of approval (please tick ALL applicable categories)
Ka Development Permit

(1 Preliminary Approval.

(Material Change of Use

Reconfiguring a Lot

Operational Works

Building Works

Plumbing or Drainage Works

_Environmentally Relevant Activity |
Application nu number/council r Teference WOO v/ 176. .
Js the approval for a mobil tempora ERA?

Insert t the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating

   

Which entity issued approval?
{& Sunshine Coast Council
OQ Planning & Environment Court

O Minister (under part 11, division 2)
O Other entity — please specify

    
   
     
 

fOooggo

  
    
 

Date issued ‘3: ‘G- “Qe! |

wy "No a o Yes — complete below

     

 

Privacy

‘Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
‘authorised to collect this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
‘ personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
council's privacy policy.

www.sunshinecoast.gld.gov.au | [email protected] | 10754757272 F 075475 7277

Locked Bag 72 Sunshine Coast Mail Centre Qid4560 | ABN 37876 973 913

Caloundra office 1 Omrah Avenue Caloundra Qld 4551 | Maroochydore office 11-13 Ocean Street Maroochydore Qld 4558
Nambour office Cnr Currie and Bury Streets Nambour Qld 4560 | Tewantin office 9 Pelican Street Tewantin Qld 4565

Tof2 2012/13 Regional Strategy and Planning Pre-Request Response Application FM3001/2-22/06/2012

All terms used on the form have the meaning given-in the Sustainable-Planning-Act-2009-or-the-Sustainable-Planning-Regulation-2009,-|—-
Full text of the other 7 pages

Page 2

ee . | Concurrence Agency — please specify:

     
 

3. Nature of proposed change/s (please tick ALL applicable categories)
To change the development approval issued by:
Planning & Environment Court

To change the conditions issued by;
Planning & Environment Court

{1 Minister I Council (as a Concurrence agency)

O Other entity — please specify: iC) Minister

QO Other entity — please specify:
Please attach documentation outlining the detail of and the reasons and justification for the requested change/s._

  

4, Location of the premises
StreetNo | [Street SECRET

| Suburb ‘Nooser HEAPS “|Postcode Nb]

   

5. Declaration of applicant

We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented.

Signature

 

 

Application no. | Amount paid Date paid Receipt no. Initial Date stamp

| Receiving Officer

 

 

 

 

Payment options
iIn person | Customer service centres: 8.30 am to 4. 30 pm Monday to Friday (excludes public holidays). :

: By mail | Cheque or money order to be made payable to: Sunshine Coast Regional Council.
: iO] Cheque i ia Money order ' a Mastercard DVisa
‘Card number | Expiry date Amount $

: Name on card
Phone

ignature of cardholder ;
Is a receipt required? OYes ONo

  

2o0f2 2012/13 Regional Strategy and Planning Pre-Request Response Application FM3001/2-22/06/2012

Page 3

Our Reference: 00475 L26 NG
Council Reference: 2008/176

 

16" August 2012
town planners +
urban designers
Chief Executive Officer + surveyors
Sunshine Coast Regional Council
Locked Bag 72

SUNSHINE COAST MAIL CENTRE QLD 4560

Dear Sir/Madam,

Re: PRE-REQUEST RESPONSE APPLICATION - REQUEST FOR EXTENSION TO CURRENCY
PERIOD AND CHANGE TO DEVELOPMENT APPROVAL

Development Application - Material Change of Use for an Accommodation Building and
Multiple Dwelling (109 Units) to be Assessed Against the Superseded Planning Scheme over
Land described as Lot 603 on SP188270 and situated at 1 Serenity Close, Noosa Heads.

| refer to the above development application for which a Decision Notice was issued on 8"" April 2010
by Sunshine Coast Council and advise that the applicant has recently submitted a request to extend
the currency period of the approval. Whilst assessing this extension request, Council has raised
issues in relation to changes to State Legislation concerning the SEQ Koala Conservation State
Planning Regulatory Provision (SPRP). In this regard, Council has advised that they will need to be
satisfied that the development is able to comply with requirements of the SPRP and have suggested
that this may be achieved through an application to change the existing approval to include additional
conditions relating to the SPRP.

As the original approval was issued by the Planning and Environment Court, any change to the approval will
be required to be referred back to Court and to aid this process Council has suggested that a pre-response
request application be lodged to ascertain Councils view.

To commence this process, the applicant therefore submits a pre-response request application to enable
Council to assess the applicant's proposal for offset planting and determine its compliance with the
provisions of the SPRP. In this regard the existing Development Approval for the Resort (2008/176) has
been reviewed against the relevant provisions of the SPRP and it is noted that current conditions
appropriately address the regulations as detailed below:

 

South East Queensland Koala Conservation SPRP.- Development Approval 2008/176

Assessment Criteria for Assessable Development

 

1. To the extent the premises is outside the Urban Footprint Not applicable

and not in an urban area under a planning scheme, site
design does not result in the clearing of non-juvenile koala
habitat trees in areas of bushland habitat.

 

 

2. To the extent the premises is inside the Urban Footprint,
site design must avoid clearing non-juvenile koala habitat
trees in areas of bushland habitat, with any unavoidable
clearing minimised and offset in accordance with the Offsets
for Net Gain of Koala Habitat in South East Queensland Policy
at a ratio of five new koala habitat trees for every one non-
juvenile koala habitat tree removed or an equivalent cash
contribution.

 

48 Koala habitat trees proposed to be removed from the site as
part of the development. Offset policy requires a ratio of 1:5 trees
to replanted therefore 240 trees to planted.

Applicant proposes to provide offset planting in Lots 605 and 606
on SP195871 and 602 on SP188268 with two options detailed by
RPS Australian (Comespondence attached and dated1308.2012).

 

SUNSHINE COAST OFFICE
4/199 GYMPIE TERRACE, NOOSAVILLE — POBOX 1884 NOOSAHEADS Q4567
TELEPHONE 07 54595425 FACSIMILE 0754555725

[email protected]

GYMPIE OFFICE

38 NASH STREET, GYMPIE
TELEPHONE 07 54827440
mailmartooconsulting.com

PO BOX 391 GYMPIE Q 4570
FACSIMILE 07 8482 4952

 

Page 4

@ Page 2

August 16, 2012

 

 

3. Site design must avoid clearing non-juvenile koala habitat
trees in areas of high value rehabilitation habitat, and medium
value rehabilitation habitat, with any unavoidable clearing
minimised and offset in accordance with the Offsets for Net
Gain of Koala Habitat in South East Queensland Policy at a
ratio of five new koala habitat trees for every one non-juvenile
koala habitat tree removed or an equivalent cash contribution.

Refer above

 

4. Site design provides safe koala movement opportunities as
appropriate to the development type and habitat connectivity
values of the site determined by reference to the factors for
consideration in Schedule 2,

Conditions of existing approval 2008/176 refer to site design (
including conditions 15-17,19,20 and 30 and DERM concurrence
agency conditions)

 

5. During construction phases:

a, measures are taken in construction practices to not
increase the risk of death or injury to koalas; and

b. native vegetation that is cleared and in an area intended to
be retained for safe koala movement opportunities is
progressively restored and rehabilitated.

Conditions of existing approval of 2008/176 refer to construction (
including conditions 15-17,19,20 and 30 and DERM Concurrence
Agency conditions)

 

6. Native vegetation clearing is undertaken as sequential
clearing and under the guidance of a koala spotter where the
native vegetation is a non-juvenile koala habitat tree.

Condition 19 of 2008/176

 

 

7, Landscaping activities provide food, shelter and movement
opportunities for koalas consistent with the site design.

 

Conditions of approval of 2008/176 refer to Koala Management
Plan approved for the site.

 

As detailed in the table above, the approved plans do result in the removal of koala habitat trees. The
applicant is however willing to provide offset planting in the adjoining parkland and seeks a meeting

with Council staff to further progress the matter.

Please contact our Sunshine Coast office if Council has any issues granting this request to extend the
currency period or to discuss any aspect of the above development.

Yours faithfully,

 

Nadine Gorton
Senior Planner
martoo consulting pty Itd

 

Page 5

Brisbane - Main Office
743 Ann Street, PO Box 1559, Fortitude Valley QLD Australia 4006
T +61 7 3237 8899 & +61 7 3237 8833 E brisbaneGiirpsgroup.com.au W rpsgroup.comau

Our Ref: = J1113401 : -~ Email: [email protected]
Date: 13/08/2012

Conor Neville

Senior Environment Officer Engineering & Environment Assessment Branch

Regional Planning and Strategy

Sunshine Coast Regional Council

Locked Bag 72

Sunshine Coast Mail Centre Qld 4560

Dear Mr Neville,
SETTLER’S COVE —~ CONSIDERATION OF STATE KOALA PROVISIONS

Background

As you may be aware, | have been involved in this project for 10 years and worked with Council to
determine an acceptable development / conservation outcome. Following this, | implemented the fauna
management plan (FMP) and ecological restoration and specifications plan (ERSP) for the site, which
were endorsed by Council. These plans reflected fundamental ecological principles and best
environmental practice, identifying the need to provide habitat linkages and feed trees for koalas (and
other fauna) in lots dedicated to conservation and open space, to offset losses of these values through
the selective clearing of the approved residential lots.

The restoration exercise has been successful in reinstating floristic values and creating habitat for a range
of fauna, including threatened species such as the koala. In addition, the development provided the
opportunity to establish extensive parklands (Lots 600, 602 & 604) and public use land (Lots 605 & 606).

Proposed development and recent legislation

The proposed development on Lots 10 & 11 Serenity Close for a 109 short-stay apartments and
associated facilities was approved by Council in April 2010. The approved development requires a
number of trees considered to be of primary and secondary habitat value to koalas to be removed, which
is now under scrutiny due to the legislative changes aimed at preserving koala habitat, namely:

s The offsets for Net Gain of Koala Habitat in South East Queensland Habitat Policy, and

s The South East Queensland Koala Conservation State Planning Regulatory Provisions (SPRP)

In keeping with this legislation, the developer is seeking to carry out offset planting within the Settler's
Cover site at a ratio of 1:5.

England | Wales [ Scotland | Northern Ireland | Ireland | Netherlands | USA | Australia

RPS Australia East Ply Lid ABN 44 140 292 762 A member of the RPS Group Ple

Page 6

Offset Planting

Primary habitat trees (primary feed trees) for the koala within the development zone have been identified
as Eucalyptus tereticornis, of which there are 11 non-juvenile specimens. One of these trees on Lot 11 is
to be retained as a condition of approval. Secondary habitat trees (secondary feed trees) include
Corymbia intermedia of which there are 29 non-juvenile specimens, and Lophostemon confertus of which
there are 9 non-juvenile specimens.

As 48 koala habitat trees will be removed, 240 will be required for offset planting. The species selected
should reflect those currently present on site, comprising of Eucalyptus tereticornis, Corymbia intermedia,
Lophostemon confertus and Eucalyptus robusta.

It is understood that Council supports this offset planting occurring within Lots 602, 605 & 606, where
opportunities exist to:

(i) Increase connectivity between primary habitat areas within each development precinct by
creating an elevated linkage across land that is presently too moist for eucalypt species;
and

(i) Enhance and expand existing primary habitat areas

These opportunities are supported from an ecological perspective and compliment the objectives of the
FMP and ERSP. It should be noted that the first opportunity above relies on substantial earthworks to
elevate and stabilise suitable areas, requiring careful environmental and hydrological assessment.

Offset Planting Strategy

The attached. Concept Plan (Attachment 1) suggest areas where offset planting could be of the most
ecological benefit.

Concept A suggests the creation of a primary habitat link across Lot 606, providing a direct continuation
of existing habitat areas and the most direct route for koalas traversing the site between the southern
boundary to Noosa Sanctuary and the escarpment fronting Noosa Sound.

This concept is considered to be the most worthy in light of the FMP and ERSP objectives, but also
potentially the most problematic in terms of environmental impact and managing stormwater inflows to Lot
600.

Concept B suggests the enhancement of existing primary habitat corridors where the terrain is likely to
presently support the appropriate tree species. This concept does not provide a direct link, but reflects
known koala movements and is more readily achievable.

J1113401 Page 2

Page 7

RPS

Koala Offset Management Plan

It is anticipated that as part of any operational works application to effect the offset planting within the
prescribed timeframe, a Koala Offset Management Plan will be required. This plan will need to include:

® — Objectives and outcomes for koala habitat replacement / enhancement

® The proposed planting regime, ie. species, quantities and specific locations

Details regarding ongoing management and maintenance requirements;

s Monitoring and report requirements

Revised conditions of approval

In amending the conditions of approval for the proposed resort development on Lots 10 & 11, the
developer seeks comment from Council as to whether it is able to make appropriate recommendations to
the Planning & Environment Court based on one or both of the concepts provided herein.

If these concepts are supported in principle, it is recommended that a site inspection be arranged to
identify the specific areas where the offset planting of the various relevant species would be most
appropriate. From this a detailed plan can be prepared along with documentation demonstrating
compliance with the South East Queensland Koala Conservation State Planning Regulatory Provisions
on which to assist Council to support its recommendations.

If you require any further information and/or want to arrange the site inspection, please do not hesitate to
contact me on 0407 410 099,

Yours sincerely

Dr Justin Watson (Technical Director — Ecology)

Attachment 1: Concept A & B for Koala Offset Planting

J4413401 Page 3

Page 8

 

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2)

 

 
    

 

 

 

 

 

 

RF Thompson
Environmental

 

   

 

Proposed Koala Habitat

 

Figure 1.1

 

Project:

Settlers Cove

 

Client:

Cape Bouvard Developments

 

Compiled by: ac a MR | °" — to/o8/2012

 

Date:

Approved YW 10/08/2012

 

 

Legend
Koala Offset Options

Ca] Concept A (land bridge)
| Concept B (plantout edges)

Existing Koala Habitat
Primary habitat

Secondary and Connecting Habitat

 

: Incidental Habitat
From Proposed Koala Habitat -Fauna Management Plan 2004

0 0.05 0.1 0.2
km

 

Datum: GDAQ4

peas)

 

   

j

% Tewantin

 

 

 

 

 

 

 

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