Decision Notice - Refusal - Includes copy to Referral Agencies - DERM [As Published] · 152006.1999

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 Coastal            Concurrence    Environmental Protection Agency    PO Box 168
 Management                                                           COTTON TREE QLD 4558

 Contaminated       Concurrence    Environmental Protection Agency    PO Box 15155
 Land                                                                 CITY EAST QLD 4022

 Acid Sulphate      Advice         Department of Natural Resources    PO Box 573
                                   and Water                          NAMBOUR QLD 4560

 Electricity        Advice         Energex                            GPO Box 1461
 Infrastructure                                                       BRISBANE QLD 4001

A copy of each referral agency response is attached.

5      SUBMISSIONS

Not applicable
6      RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.

7      OTHER DETAILS
Should you wish to obtain more information about Council’s decision, electronic copies are available
on line at www.sunshinecoast.qld.gov.au or at Council Offices.

Yours faithfully,




Kerri Coyle
Coordinator Planning Applications - North


Cc:

Environmental Protection Agency
Coastal Management
PO Box 168
COTTON TREE QLD 4558


Environmental Protection Agency
Contaminated Land
PO Box 15155
CITY EAST QLD 4022




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Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




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Statement of reasons

This statement of reasons details the reasons fur DERM's response in segarct to the
application. as per section 3.3.18 (8) of the dlegrated Planrting Act 1897.

The application has been assessed against lhe Carvurrance Agency Poticy for
Reconfiguring a Lot - 27 June 2003 (RaL Policy 2005) and the Concurrence Agency Paticy
for Reconfiguring a Lot (Rat} - 23 August 2007 (RaL Policy 2007) and the Regional
Vegetation Menagament Code for Southeast Queensland Bioregion — 20 November 2006
{the Cuda),

Evidence

oo vp ewe

Development application
NRW Concurrence Agency Policy for Reconfiguting a Lot - 27 June 2005.
Certified Regional Ecosystem Map version 5.0 (incorporating certified changes)
integrated Planning Act 1997
Zoning confirmation from Noosa Shire Council
Site Inspection findings
Aerial photography

- 14958 Laguna Bay. Run 6. 1908-109

1992 Noosa Floods, 27 and 29

- 1875 Noosa Madel (High Water), Run 5, 6646 - 6647
Ortho Photography far Sunshine Coast Regional Council
DERM (Environment) Regional Ecosystem Deserlptian Datahase
Wetland Management Profile - Coastal Melaleuca Swamp Wetlands accessed fram the
DERM (Environment) website.

RaL Policy 2005 — Performance Requirement (PR} A.2

Evidens 9 and findings

The applicant has submitted @ map thet shows tho location of the proposed allotment
boundaries.

An cLVAS search has Klenlified that a PMAY does not apply aver the subject lat.

Three site inspections on the subject lol by DERM staff and a site inspection by the
Queensland Herbarium has identsied that the subject lot contains assessable
vegetation.

A cortified change of the regional aconystem (RE) mapping has occurred on the
property

The certified change has resulted in proposed allotment boundaries being located within
a remnant endangered RE and a ramnant not of concern RE.

A site inspection has confirmed that the subject area of. remnant rot af concert RE
where clearing as a result of the RaL is te occur is nat of concem RF 12.3.5.

Archived aenal photography suggests that the area containing lhe subject nut of
concen RE 12.3.5 has been previously extensively cleared.

Past clearing and distusbance (fire} within the area containing the subjcct not of concern
RE 12.3.5 has resulted in melateuca quinquenervia encroaching into otter REs on the
property.

The applicant proposed that ihe arca containing the subject not of concera RE 12.3.5
was not a natural welland,

The dotinition of a wetland in the Ral Policy 2005, is one or mare of the following:

a) areas of permanent or periodiceintermittent inundation, with water thag is static or
fiowing fresh, brackish or salt, including areas of marine water the depin of which af
fuw tide dows iat exceed 6 metres, To br a wetiand the area must have one or more
of the foiloveng altributas:

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é at feast pariodically the land suppors piants and animals that are
. adapted to and depender! on ltving io wet conditions for at least part of
iheir tite cycle.

i. ithe subsiratur is predominantly vndrained soils that are saturated,
flooded or ponded long enough to develop anaercbic conditions in the
upper levels.

iii. ihe substratum is not soit and is saturated with water, ar covered by
water at some dime, and

b) those aress shown as a swamp, lake, marsh, woterhole, wetland, billabong, pool or
spring on tne Jatest Sunmap or Commanwealth of Australia 1.100000 Inpngraphic
map series; and

¢) fands thai incorporate a dectared Fish Habitat Aree under the Fisheries Act 1994

d) Ramsar wetlands: and

€) those identified in Environment of Australis (2007) A Directory of important Wetlands
in Australia, Third Edition. Favironment of Australia, Canberra.

Because of the pasition in the landscapa and spacies present, it was confirmed that the
subjact area ot not of concen RE 12.3.5 periodically supports plants and snimals that
are adapted ta and dapgndant on living in wet condiliums for al least part of their life
cycle (2.9. m.quinquenenvia).

The applicant provided evidence suggesting that the subjact area of not of concer RE
12.3.5 was not a nalural watland and was the result of disturhance and gradual
encroachment and 4 monoculture of m.quinquenervia. .

Aerial photo interpretation and data gathered from the site confirms that the subject area
of rivt of concert RE 12.3.5 was not entirely composed of that RE but a mixture of
12.3.5 and 12.5.9 and a natural palustrine wetland. This was determined by comparing
the area in question with that of a currently undisturbed area, Ihat was similar in floristic
composition and structure on the 1958 acrial photos.

Dus te the location of property boundanes and building envelopas proposed within the
subject not of concem RE 12.3.5, claaring as a result of the RaL will occur within
assessable vegetation containing a natural wetland,

It was defermincd Ihat as clearmng was proposed and would occur as a result of the RaL
wilhin a lame area, the developmant would result in a loss ot biodiversity and ecological
procass associated with a natural welland would not be maintained.

The application docs not meet Performance Requirernent PR A.? ai the Ral. Policy
2005.

As the application fails the RaL Policy 2005, specitically PR A.2, the application is assessed
againel the Ral Policy 2007 (the current policy).

Ral Poticy 2007 - Criteria Table H (Table RH — 2 (PRH2))}

Evidence and findings

Threc site inspections an the subject lol by DERM stalf and a site inspaction by the
Queensland Herbarium has identified that the subject lat contains assessable
vegelation.

The application has identified that clearing as a result of the RaL will occur in
assessable verelation that contains mot of concem RE 12.3.5.

As cleanng as a resull of the RaL was to occur within assessable vegetation cantaining
a nol of coricem RE, the proposed development is assessed Criteria Table H {Table H —
2) of the RaL Policy 2007 and subsequently assessed through Pact P of the Code.

The application has identified that clearing as a rasult of the RaL will occur in a wellanct
ragiona! acosysten that is listed Ia lable 11 of the Reginnat Vegeratian Management
Code for Southeast Quesnsiand Bioregion 20 November 2006.

Assessable veyelation to be cleared as part of the RaL will reduce the water quality of
the natural wetland as there will be an increase in the amount of pollution and nutrients

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entering the wetland from ihe effluent disposal systems and the runoff from the buildings
and roads [hat will be established in the area mapped as a wetland regional ccosyslem.
¢” The removal of assessable vegetalion that is associated with the wetland, for the
purpose of establishing roads, building envelopes, effluent disposal areas and fences,
wilt not maintain the area of aquatic and lerrestrial Habitat on the subject fot.
+ The application does not achrove the PR P-.2 of the Code and subseyvently PRH2 of
Table H -- 2 of the RaL Policy 2007.

Reasons

The assessment manager has been directed to refuse this application because the
application dees not comaly with the Rak Policy 2005 or the RaL Policy 2007, specifically:
« PRA.2 ot the Ral Policy 2008

* PRH2ofTableH 2(PRP-2 of the Code) of the Rab Policy 2007

Glossary
Assessable Veyetalign is.
All remnant vegetation on freghold land, unless identified as Calegory X on a Property Map

of Assessable vegetation,

Clearing, for vegotaticn:
* means remove, cut down, ringbark, push over, poison of destroy in any way incduding
by buming, flooding ar draining; but
» dogs not include destroying standing vegetation by slock, or lopping a trea.

Clearing as a resutt of lhe Rab includes’
* clearing of assessable vegetation that will result fram reconfiguration of the lot(s).
consistng of any of the following

- clearing for boundary fence lines for each proposed allotment (whether or not the
cleading is proposed as part of the applicat:on)

—  Gleasing for infrasteucttire—Including stommwater management systems, water
supply and sewerage syslems—roads, access routes or ulilities corridars thal
are proposed as pari of the Ral application or that will be required as a condition
of approval by the assessment manayer
cleaiing for excavation and filling—for example, where the lots are to be levelled.

And
« clearing of assessable vegetation that will became excmp! if the development
application is approved. This includes any of the following axamples.

- cleerng for a single residence and reasonably associated buildings and
structures for each allotment to ba created as a result of the RaL, where na such
dwalling house already exists on ihe proposed allotrvent
all lots will bs assessed as including clearing of 2 ha for the purpose ot
establishing a single residence and reasonably associaled buildings and
struclures for each alloiment, or for lots smaller than 2 ha the whole afea of the
lot, unless the application demonstrates that a greater or smallar area will be
reyuired and achiaved—for example, building envelopes binding on thle

— clearing for soutine management and essential management purpuses
associated with the approved development including clearing to maintain
propesed infrastructure, facilities, roads, aconss soutes, utilities. services and
fangas, and clearing to maintain the safety of persons and property that will be
associated with the development

- dearing fui necessary fire breaks and fire management lines associated with the
development. This will be assessed as follaws

i, all built infrastructure other than underground services, roads and fencas
will ba assassad as requising daaring for firabraaks with a width of 1.5
times the height of the tailest yegetalion_adjaveril lo the infrastructure, or
20m, whichever i the greater. However. evidence may be prowded to

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NRVY¥ that confirms that an alternative firebreak width is sequired that is
. . consistent with the State Planning Policy (SPP} 1/03 Guideline

ii, all propased allotment boundaries will be assessed as requiring clearing for
fire management lines with a width of 10m constructed on either side of the
allotment boundary, unless NRW is provided wilt! evidence lhat confirms
that an alternative width of fine managament ling is requirad or an
alternabve contiquration of frre management lines are required that is
consistent with the SPP 1/03 Gu:deline

iii, in the case of evidence basing presented chat demonstrates alternative fire
management quidciines 4s being sufficient and consistent with the SPP
1/03. NRW nay candilion the development so that the full extent of exempt
clearing prescribed for esssniial managenreni under Schedule 4 of the IPA
cannol be cared out by current or future laridholders

Veyetation is a native tree or plant other than the following:
» grass or non-woody herbage
* aplant within a grassland regional ccosystem prescribed under a regulation
* amangrove.

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iccess.

Hpirpents canoe’ ‘end permits. ..;

Notice

Coastal development

 

Notice of Decision — Concurrence Agency Response

This notice Is issued by Ihe Enviranrnental Proleclion Agési¢y pursuant to section 3.3.16 and Section 3 3.16 of lhe Integrated
Pinaniny Act 1997 lu adwse of a daclelon or action.

’

Suashine Goast Regional Council Ce: Mr John Stuart Hofmann
Tewantin Office Cl- Jones Filnt & Pie Ply Ltd
PO Box 141 PO Rox &

TEWANTIN QLD 4665 MAROGCHYDORE QLD 4658

Attention: Jim Taovey
Your Ref M1776
Yourrsference; 2006/1959
Our reference; = ACV1951_GNE299Z2_—- Project Ref: 30/575
Attention; tA Mithael Hagan

Re: Application for Reconfiquring a Lot facated at 191 Hollstt Road MOOSAVILLE QLD 4566.

The Environmental Protecton Agancy. acting as a concurrence agency. has assessed the application received
on 02-FEBRUARY-20C7 and wishes 10 advese you af the following decision(s):

 

 

 

  
 

a _ EPA Approval
Activity Approval type Decision Number
Reconfiguration of a Lot Goncurrenco Agency Response IPCC00554107814
(a) The land js situated Response ae
coniplabely or partly within a nat (attach
coastal management district mus
to any
Development
Approval

 

 

 

 

A corres panding Concurrenos Agency Response Is attached for each ssgessable davelopmenl type that
Includes any stated conditions applying to an approval or gives the basis for refusing an application. Please
retain this documentaton for your records.

Please note that it is 2 requinenvent under Section 3.5.15 of the /tegrolad Pigneing Act 1997 thal a copy of the
final Decision Notice (whies includes the Agency's concurrence conditions) for this application issued by the
Sunshine Coast Regional Council be forwarded to each referral agancy.

 

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TProcecian Apevcy
Parke and (Alldllfy docrtce

 

Eneranmantsl trotocton Agoncy
weve apLgigov.au ABR? 224 158 TRS

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ecoaccess

em aramenta! NeNiOns O90 BATTS tee

Notice
on — Development Approval

 

Notice of Daci

In addition, he State's Native Tite Work Procedures Indicate that responsibility for asscesment of nat'ye Eile
issues tor an IDAS application rest with the Assessmeni Manager.

Review and appeal praresses may be available lo the applicant in regard 10 this decision. An extract from -he
Jntegralod Planning Act 1997 (IPAct) is attached. Thie shaciment details the applicant's rights regard: this
deasion. Tha applicant should seex independent advice to panfirm the procedures available

IF you require mora information, please contact Jackie Maton, the Project Manager, on the leleps:onc number
isted below.

Yours sincerely

Gr

OLjos/os

Enquirias:
Environmental Protaction Agency

Lindsay Dalzappo : K
Brisbane North, Sunshina Coast

 

 

 

Delegate
Environmental Protection Agency oo QLD 4558
Telephone: (07) 5459 6:32
Facsimile: (07) $443 9977
Pagn 2 of 2+ A/S Verson 1.1 Envirarsiedtal Procagian Apancy

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Queensland
Government
Environmental Protection ‘Agency
Incorporating the
Queensland Parks and Wildlife Service
SCRC CORRESPONDENCE
02 April 2008
$0005640
JOHN STUART AND KATHLEEN MARY HOFMANN
PO BOX 354
NOOSA HEADS QLD 4567
Dear Sir/Madam

= 71-1 RO.

I wish to advise that the above lot was deleted from the Environmental Management Register
(EMR) on the 25 March 2008 Any future searches of the Environmental Management Register
for this site will yield a negative result,

Please note that if at any trme in the future a notifiable activity as described im Schedule 2 of the
Environmental Protection Act 1994 (EP Act) occurs on this Lot, the Contammated Land Unit of
the EPA must be notified in accordance with the section 371 of the EP Act The approved form
for Notification of Land may be obtained from the EPA’s Internet site at www epa qld.gov au or
by contacting the EPA — Contaminated Land Unit.

Please note that this advice does not provide an exemption under the Integrated Planning Act
1997 for more sensitive use proposal on land used for industrial purpose

Please retain this letter for your records as confirmation of this lot having been deleted from the
Environmental Management Register

If you have any queries regarding this matter, please do not hesitate to contact

Yours sincerely

a

Annemarie Lewis
Senior Administration Officer
Contamina

CC: SUNSHINE COAST REGIONAL COUNCIL
Locked Bag 72

Sunshine Coast Mail Centre
NAMBOUR QLD 4560

Photed an 200% recycled paper

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                                               Appeal Rights
                                               INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated            (b) a matter stated in a development approval,
Planning Act (Chapter 4).                                      including any condition applying to the
                                                               development, and the identification of a code
Division 8 - Appeals to court relating to                      under section 3.1.6;
                                                                                    2

development applications
                                                           (c) the decision to give a preliminary approval when
Appeals by applicants                                          a development permit was applied for;
4.1.27.(1) An applicant for a development                  (d) the length of a period mentioned in section
application may appeal to the court against any of             3.5.21 currency period;
the following-
                                                           (e) a deemed refusal.
(a) the refusal, or the refusal in part, of a
                                                               (2) An appeal under subsection (1)(a) to (d)
    development application;
                                                           must be started within 20 business days (the
(b) a matter stated in a development approval,             “applicant’s appeal period”) after the day the
    including any condition applying to the                decision notice or negotiated decision notice is
    development, and the identification of a code          given to the applicant.
                         1
    under section 3.1.6;
                                                               (3) An appeal under subsection (1)(e) may be
(c) the decision to give a preliminary approval when       started at any time after the last day a decision on
    a development permit was applied for;                  the matter should have been made.
(d) the length of a currency period;                       The Registrar for the Building and Development
(e) a deemed refusal.                                      Tribunal may be contacted at the website
    (2) An appeal under subsection (1)(a) to (d)           http://www.localgovernment.qld.gov.au/
must be started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice or negotiated decision notice is
given to the applicant.
    (3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on
the matter should have been made.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development
Tribunal against any of the following-
(a) the refusal, or the refusal in part, of a
    development application;




1                                                          2
     Section 3.1.6 (Preliminary approval may override           Section 3.1.6 (Preliminary approval may override
    local planning instrument)                                 local planning instrument)
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