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MCU18/0084 Development Application For Material Change Of Use For Visitor Accommodation Type 3 (Rural Cabins) At 340 Pomona Kin Kin Road, Pinbarren

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MCU18/0084 development application for material change of use for visitor accommodation type 3 (rural cabins) at 340 pomona kin kin road, pinbarren

Document information

Author	Development Planner, Glen Conforti
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0084

Attachment	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Sarah Keating Simon Marsh
Proposal	Material Change of Use for Visitor Accommodation - Type 3 Rural
Properly Made Date	25 May 2018
Information Request Date	7 June 2018
Information Response Date	26 June 2018
Decision Due Date	2 October 2018
Number of Submissions	1
PROPERTY DETAILS
Property Address	340 Pomona Kin Kin Rd, Pinbarren
RP Description	Lot 26 M 37911
Land Area	15.68 ha
Existing Use of Land	Dwelling house
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production
Locality	Mary River Catchment
Zone	Rural
Overlays	Biodiversity Overlay – Riparian buffer Natural Hazards Overlay – Bushfire hazard Natural Resources Overlay – Agricultural land conservation area
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 September 2018 regarding Application No. MCU18/0084 for a Development Permit for  Material Change of Use - Visitor Accommodation - Type 3 Rural (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren Qld 4568, and
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A1	C	Site Plan, prepared by Jim Morehead Building Design and Drafting as annotated by Council	06/08/18
A2	B	Site Plan – Aerial View, prepared by Jim Morehead Building design and Drafting and as annotated by Council	06/08/18
A3	B	Part Site Plan, prepared by Jim Morehead Building design and Drafting and as annotated by Council	06/08/18
A4	A	2 Bedroom Cabin – Floor Plan & Elevations, prepared by Jim Morehead Building Design and Drafting	01/05/18
A5	A	2 Bedroom Cabin, prepared by Jim Morehead Building Design and Drafting	01/05/18
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
Built Form
The cabins must be finished in colours that are muted/earth environmental tones that blend with the natural environment.
Window hoods must be provided to all windows to provide weather protection.
Weatherboard cladding must be provided to at least 1 cabin in each Stage.
The maximum height of the development must not exceed that indicated on the approved plans.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $3,000 must be submitted to Council prior to the issue of a Development Permit for Building Works, to secure the carparking and landscaping conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of these conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Landscaping
Screening vegetation must be planted near the cabins in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. In this regard screening trees must:
be planted to the north side and for the full length of the cabins and be setback a minimum of 20m from the northern boundary;
be planted on the western side of Stage 1 cabins to screen the development from the Pomona Kin Kin Road;
must have a minimum pot size of 75mm and consist of species Syzygium smithii (formerly Acmena smithii), Waterhousia floribunda and Syzygium francisii or similar native local species planted at a maximum spacing of 3 metre centres; and
be planted as part of the first stage of development.
Landscaping must be provided in-between the cabins as they are constructed. The landscaping must be in accordance with Council’s Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
Staging
The development may be staged in accordance with the stages shown on the Approved Plans. The development need not be completed sequentially in the stage order indicated on the Approved Plans provided the landscaping and carparking area to service the development and associated services are constructed as part of the first stage.
Nature and Extent of Approved Use
The total number of cabins must not exceed 6 and a maximum of 2 bedrooms per cabin.
The cabins must be used for short term visitor accommodation only. The cabins must not be used for permanent accommodation.
Water Supply
The development must be provided with a potable water supply connected to each cabin.   The storage capacity of the potable water supply must be a minimum of 4000 litres per cabin.
Waste Water Treatment and Disposal
The development must be provided with an on-site waste water treatment and effluent disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Waste Storage
Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management.
All refuse and recycling containers must be suitably screened from neighbouring properties.
ENGINEERING
Site Access and Driveways
Approval from the Department of Transport and Main Roads for the final design and construction of the site access and driveway works must be submitted in writing to Council prior to the commencement of the use.
Car Parking
A minimum of 7 car parking spaces must be provided and marked on the site as part of the first stage of development. The carparking area must be designed by a suitably qualified person and must be constructed with:
a suitably bound surface that minimises the impacts of dust and noise on the proposed development and the adjoining property;
dimensions, crossfalls and gradients in accordance with Australian Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009 for the relevant user class.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks
All earthworks and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a Development Permit for Material Change of Use for visitor accommodation in the form of 6 two bedroom cabins to be introduced in 2 stages. Stage 1 includes 3 cabins and should there be sufficient demand, another 3 cabins will be constructed as Stage 2. The cabins measure 6.5m x 5.8m with a gross floor area of slightly less than 38m², consist of a saw tooth roof form and a covered front veranda. The external walls consist of insulated sandwich panels which the applicant proposes to either paint muted environmental tones or clad in a weather board type finish. The applicant has also indicated that window hoods could be added. The cabins are less than 4m high. Figure 1 shows a typical floor plan and elevations of a cabin.

Figure 1 – Floor plan and elevations
Setbacks are a minimum of 40m to the nearest boundary and approximately 174m – 200m from the Pomona Kin Kin Road frontage. Landscaping is proposed in-between the cabins and between the cabins and the northern boundary. Figure 2 below shows an aerial of the site overlaid with the cabin location.

Figure 2 – Aerial view showing the cabin location
A gravel car parking area is proposed for 7 vehicles including a disabled space to be accessed from the existing sealed driveway. A walking track to access the cabins is also proposed.
The applicant has provided the following business outline as part of their operational plan:
Our target market is young families who want to come and stay in a rural location and enjoy a lifestyle farm setting. We will have a variety of small animals on site namely chickens, guinea fowl, pygmy goats, Dexter cattle, sheep, and horses (2 of each breed except chickens where we will have 6) and will encourage the families to help with feeding and collection of eggs.
We would also like to attract those who want to enjoy the wildlife we have here, such as the many types of birds and butterflies, and will advertise on nature sites and forums. As we are located just off the Noosa Trail Network we hope that this will be an incentive to those who would like to go walking/hiking or mountain biking during the day and enjoy the Noosa countryside.
We will not allow any type of motorised vehicles such as trail bikes/motocross etc. on site (other than the main car in the designated area) as this would scare the local wildlife and could become a noise nuisance to other visitors, our neighbours and ourselves.
We think that the provision of cabins in this setting will be a wonderful opportunity for those people who want a back to nature experience with the comfort of a self-contained cabin.
The application is before Council because of a detailed submission against the development.
site details
Site Description
The lot is generally rectangular in shape with the western 1.2ha (approx.) of the property severed by Pomona Kin Kin Road as shown in Figure 3 below. Both sides of the Pomona Kin Kin Road are low lying. A seasonal drainage line is centrally located longitudinally through the lot. The southern boundary has frontage to the south end of Camphor Road. The lot slopes up from Pomona Kin Kin Road to the eastern boundary. The dwelling house and associated sheds are located behind a stand of native vegetation toward the centre of the lot. The dwelling house and sheds are accessed by a sealed driveway from the Pomona Kin Kin Road. Figures 3 and 4 below show an aerial view and locality plan of the lot.

Figure 3 – Aerial Plan. The perimeter of the lot shown in red

Figure 4 – Locality Plan
Surrounding Land Uses
The site is generally surrounded by pasture on small lot tenure similar in size to the subject lot. Activities typically found on small rural tenure such as hobby farms, equine uses, small scale cropping and some combined lots suitable for cattle grazing surround the lot. The lot is in close proximity to Trail 2 of the Noosa Trail Network. Figure 5 below shows the subject site and proximity to Trail 2 of the Noosa Trail Network.

Figure 5 – Subject site and Trail 2 of the Noosa Trail Network in yellow.
The cabins are proposed nearly 400m from the neighbouring dwelling to the north and around 300m to the neighbouring dwelling to the south.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for a tourist activity which complies with the provisions for the Regional Landscape and Rural Production Area outlined in the Planning Regulation 2017.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
Locality Provisions
The subject site is located in the Mary River Catchment Locality and is zoned Rural. The proposed use is a consistent use within the zone and is required to follow an impact assessable application process.
Overall Outcome 8.7.2 mm) of the Mary River Catchment Locality Code is relevant to the assessment of this application and states:
mm) 	For the Rural Zone — rural land is protected and appropriately managed such that:-
i.	agriculture and habitat protection are the dominant land uses;
ii. 		the scenic and environmental values, the distinct rural amenity and agricultural productivity of the locality are preserved and are not adversely impacted as a consequence of development on or adjacent to that land; and
iii. 	locally appropriate enterprises such as bed and breakfast accommodation, farmstays, cabins, camping grounds, roadside stalls and home-based businesses enhance the economic sustainability of the hinterland; and…
The property is a small rural tenure, designated as an Agricultural Land Conservation Area. The cabins are 37.7m² each with a total combined footprint of 228m² which translates to the cabins occupying less than 1% (0.15%) of the lot area. Given their small scale, the cabins are unlikely to negatively impact on, constrain or alienate agricultural pursuits suited to the property.
The proposal will not affect any habitat along the riparian area of Pinbarren Creek being setback between 300m to 500m from the creek.
Three of the 6 cabins are likely to be seen in the distance from the Pomona Kin Kin Road, as shown in Figure 6 below. The applicant proposes to plant trees around the cabins to maintain the rural scenic values.

Figure 6 – Location of cabins
In terms of preserving agricultural productivity or uses on adjoining land, the neighbouring property to the north is currently utilised for equine activities. The cabins are a minimum of 40m from the common boundary and approximately 65m – 70m to the nearest fenced paddock with 2 existing vehicle access roads between the cabins and the paddocks. The cabins are also approximately 80m - 90m from the nearest farm shed and nearly 400m to the northern neighbour’s dwelling house. It is considered that sufficient separation is proposed so to not negatively impact any rural use on neighbouring land.
Furthermore, the applicant has provided the following as part of the original application documentation:
As we are looking to attract the family market with young children we anticipate that there will be no noise late at night as the children will be in bed. Each cabin will have its own kitchen and bathroom so there is no need for people to be moving around outside the cabins late at night. We are not allowing vehicles up to the cabins and so there will be no additional noise if people return late at night.
The applicant is proposing cabins for visitor accommodation in a farm stay type format which provides economic diversity for the land owner, could complement any agricultural pursuits that may occur on the property and will generally support the economic sustainability of the hinterland.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Visitor Accommodation Code
Table 14-36 of the Visitor Accommodation Code for Type 3 – Rural Accommodation is relevant and specific for the subject use.
Probable Solution 35.1 states:
S35.1 Rural accommodation does not exceed a site density of —
a) 	2 cabins per hectare; or
b) 	2 guest bedrooms per hectare, providing the overall number of cabins and guest bedrooms does not exceed 6.
The subject site is 15.68ha and the proposed 6 cabins comply with the maximum quantity of cabins for the lot size. However, the proposal seeks 12 guest bedrooms within the 6 cabins rather than the maximum of 6 bedrooms set out by Probable Solution S35.1 b).  Therefore the cabins should be assessed against the corresponding Specific Outcome O35 which states:
O35 	Rural accommodation is associated with rural production, agricultural pursuits and promoting the natural environment and takes the form of farmstays, bed and breakfasts, cabins, cottages or a small guest lodge.
The applicant has recently purchased the lot and is in the early stages of establishing small scale agricultural pursuits as outlined in Item 1 of this report. The applicant seeks to take advantage of the lot’s natural features such as Pinbarren Creek (adjoins the western boundary) and views of Mt Pinbarren. It is also a short walk or ride to the northern section of Camphor Road where Noosa Trail Network Trail 2 meets the Camphor Road carpark (See Figure 5 in Section 2.2 above). It is considered the cabins would be associated with and complement the small-scale agricultural pursuits and will promote the natural environment of the lot, the surrounding area and the Noosa Trail Network.
In terms of the number of bedrooms, each cabin is small being only 37.7m² with the applicant advising that their focus is on attracting families. Having 2 bedrooms, albeit small bedrooms (2.8m x 3.1m with no wardrobe), is beneficial for this purpose. While there may be 12 bedrooms proposed, the cabins are very small and any additional patrons or vehicle movements are unlikely to have a negative impact on the agricultural practices of the lot, adjoining properties or the surrounding area. Furthermore, the additional bedrooms may not necessarily attract additional vehicles when considering the target market being families with children.
Probable Solution 37.1 is relevant to the assessment and states:
S37.1 Buildings and other structures —
a) 	take the form of small separate buildings which are visually separated;
b) 	comprise a mix of lightweight (low mass) and textured external materials, such as timber cladding and corrugated iron roofs;
c) 	reflect the line, form, colour and texture found in the existing landscape and do not replicate artificial or imported themes;
d) 	use muted earth/environmental tones that blend with the rural and/or natural environment; and
e) 	incorporate low reflective roofing.
The cabins do not have eaves to the side elevations but comply with S37.1 a), d), and e). The applicant has not provided the colour of the cabins but has indicated, if approved, would accept a condition which requires the cabins painted muted environmental tones, the incorporation of window hoods and some cabins cladded in a weatherboard type finish. When these design aspects are incorporated, the cabins would complement and blend into the rural and natural character of the area and comply with the built form intent of the code.
Effluent treatment and disposal
The applicant has provided a site specific effluent disposal report which ensures appropriate water treatment and land application area for the site can be achieved. The required plumbing approval would ensure suitable effluent disposal area/s are provided, so no negative impact on the natural environment is foreseen.
Bushfire
Some of the vegetation surrounding the centrally located drainage line is affected by Medium Bushfire Hazard. See Figure 7 below.

Figure 7 – Aerial showing the extent of the Medium Bushfire Overlay.
The cabins are located well away from any mature vegetation and the lot is generally surrounded by pasture and considered to be low risk. Nevertheless, each cabin is provided with a 4,000 litre water tank in accordance with the Mary River Catchment Locality Code which can be supplemented by the 2 existing dams on site. The applicant has provided an operational plan which nominates an emergency evacuation route, a meeting point and proposes a notice in each cabin detailing emergency procedures.
Carparking
One space per cabin and 1 one additional space has been provided in accordance with the Planning Scheme. Should there be a need, there is sufficient space for more vehicles near the proposed carparking area. The carparking area is proposed as gravel. To avoid noise and dust concerns a condition could ensure the carparking area is a bound surface.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agency:
Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for the application as the site is accessed directly from a state-controlled road.
The Department has responded and approved the development subject to conditions to be attached to the Decision Notice and advises that:
Adequate sight distance is available at the access location.
No adverse crash history exists at the access location.
The objective of the Transport Infrastructure Act 1994 (TIA) require the establishment of a road regime that is safe and efficient.
The intensification of use of the access will not result in significant impacts to the safety or efficiency of the road network.
Other Referrals
The application was forwarded to the following internal Council officers:
Ecology Officer
Engineering Officer
Public Notification
The application was publicly notified for 15 days business days in accordance with the Planning Act 2016. One properly made submission was received from the northern adjoining property owner. The following table provides a summary and assessment of the issues raised by submitter.
Matters Raised	Comments
The development application incorrectly identifies my adjoining land as being a residential use and fails to acknowledge its equine uses.	The assessment of this application assumes agricultural pursuits will be undertaken on rural land.
The proposal is more akin to detached motel villas (70m2 each) in a themed rural setting than a farm stay in eco cabins which are ancillary to the continued operation of a farm as being claimed in the development application.	The visitor accommodation structures meet the definition of a cabin in accordance with The Noosa Plan. The proposal is taking advantage of the natural features of the area (Mt Pinbarren, Pinbarren Creek and the Noosa Trail Network) and the applicant is in the start-up phase of small scale agricultural pursuits.
The development application fails to acknowledge the potential for noise nuisance on my equine use of the adjoining property which is as close as 25 metres from the proposed cabins.	As a response to the submission, the applicant has moved the closest cabins to the neighbouring use to the west and provided a greater setback to avoid a neighbour dispute. The closest cabin is proposed approx.65m – 70m from the nearest fenced paddock and approx.80m - 90m from the farm shed. There are examples in the Shire where detached housing (far more intensive residential use than that proposed) are adjacent to intensive equine uses and generally exist in harmony.
The proposed communal car parking area is not appropriately designed or positioned and as such will be a potential to create a nuisance for my equine use of my rural property.	The equine ‘round yard’ is greater than 150m away from the car park. Council’s Engineering Officer has provided comment and indicates a bound gravel surface is sufficient to mitigate noise and dust issues and a condition could ensure it is constructed to the relevant standards.
The development application fails to provide adequate visual buffers to my rural property.	Landscaping is proposed between the cabins, the northern property, and the Pomona Kin Kin Road. The cabins are not sited on a ridge line and the proposed and existing trees will provide a visual buffer.
Loss of Privacy and Loss of Amenity (including privacy of activities on the property)	The cabins are oriented to the south (internally) and not toward the submitter’s boundary. Landscaping is proposed which will buffer the 2 uses.
The large dam and water ways so close to the cabins is dangerous for small children.	There is no lawful requirement to fence a dam.
The existing vehicular access into the site is not considered suitable for the proposed development.	The application was referred to the Department of Infrastructure, Local Government and Planning as a concurrence agency (access off a state-controlled road) who raised no concern with the access. Their assessment forms part of this report. Furthermore, the existing access is sealed and provides access to the existing dwelling house and sheds.
The development application provides limited information on the two proposed land application areas which are sited against my boundary fence and uphill from the cabins, that they service and within landscaped buffers.	The applicant has provided an effluent disposal report and can comply with all relevant standards. Furthermore, the applicant must submit a plumbing application to Council’s Building and Plumbing Department for approval, which will ensure compliance.
The development application fails to provide sufficient information so as I can establish if the proposal will increase the potential for bushfire hazards	The site is a low bushfire risk being surrounded by pasture and the cabins are well away from any high risk mature vegetation. The cabins and proposed landscaping is unlikely to increase bushfire risk.
The proposal does not sufficiently identify where either the potable or non-potable water supply.	The application material indicates 4,000 litres of water harvesting per cabin with 2 dams used as a backup.
The development application does not clearly indicate where the refuse bins/skip will be stored and whether any screening is proposed.	The application documentation advises one refuse bin and one recycle bin will provided in each cabin and that waste will be disposed of at the local refuse point on Louis Bazzo Drive or a refuse skip will be provided. A condition could ensure refuse area/s are screened and located appropriately in accordance with Planning Scheme Policy 9.
The development application could compromise public safety by encouraging pedestrian access along a section of Pomona Kin Kin Road which is not suited to such access.	There is a short section of the Pomona Kin Kin Road between the property and the northern section of Camphor Road (Noosa Trail Network) where there is a narrow verge. The verge is still wide enough for pedestrian movements if required and there are adequate sightlines in this area.
The proposed development will increase my current concerns that I have in relation to security of my rural outbuilding.	Surveillance of an area or building/s generally improves security.
The proposed use may result in a reverse amenity situation whereby visitors in the adjoining non-rural use, if approved, may complain that my current rural uses are creating a nuisance.	Adequate buffer distances are proposed to minimise this occurring.
There is a concern that the people visiting the proposed motel villas could decide to enter my property and as a result I will face increased liability in the case of trespass.	This is not a relevant planning matter.
Amended proposal without amending relevant supporting documents	The proposal plans were amended as a result of this submission to mitigate neighbour concerns and to avoid disputes.
Council’s approval of the development application will be in conflict with the preferred outcome and strategies for the Rural Zone in the Noosa planning Scheme	An assessment of the application against The Noosa Plan is provided in the body of this report.
conclusion & REASONS FOR DECISION
The proposal is for rural visitor accommodation in the form of 6 small, 2 bedroom cabins which are a consistent use in the rural zone. Three cabins are proposed as Stage 1 and should there be demand, 3 cabins as Stage 2. Being new land holders, the applicant seeks to introduce agriculture pursuits over time which are suitable for a small rural holding. The patrons will take advantage of the hobby farm practices, the rural views, the natural surroundings and the nearby Noosa Trail Network. When some additional architectural features are incorporated into the cabins they would comply with the relevant built form provisions. It is considered the proposal has sufficient separation from and is unlikely to negatively impact on the neighbouring equine use. The cabins raise no significant planning concerns and are recommended for approval subject to conditions.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
		x	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	11 SEPTEMBER 2018

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location of nearest
cabins to Pomona
Kin Kin Road

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