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Application for Exempted Clearing
Application for Exempted Clearing A development application was lodged with Noosa Council on 3rd February 2021. Application details Application MCU21/0014 Street Address 26 Little Springs Lane Lake Macdonald Qld 4563 Real Property Description: Lot 4 RP 905954 Planning Scheme: Noosa Plan 2020 (25 September 2020) Development Type Development Permit for Material Change of Use - Dwelling house Application Status On Friday 26th February 2021 Noosa Council advised that they had assessed the application as a Prohibited development as the development was located in a koala habitat area and the clearing required was greater than 500 m2. Application for Exempted Clearing Following the assessment of the development we have contacted a planning officer in Planning and Development Services, SEQ North, Department of State Development, Infrastructure, Local Government and Planning for further advice. The advice is that we are able to request that exempted development provisions under Schedule 24 of the Planning Regulation 2017 to be applied to our proposal. Consequently, we request the following exemptions be applied for our application: 1. General exemption for clearing up to 500 m2 in a koala habitat area under Schedule 24 Exempted Development part (k). The building footprint of the dwelling including decks and verandahs is 190 m2 and is thus within the 500 m2 area for this exemption. 2. Clearing of a firebreak around the dwelling under Schedule 24 Exempted Development part (n) (vii) that “is necessary for essential management and is qualifying clearing”. Qualifying clearing is defined in Schedule 24 of the Planning Regulations 2017 as clearing native vegetation that (a) “is on freehold land” . Essential management is defined in Schedule 24 of the Planning Regulations 2017 as clearing native vegetation to include “(a) for establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider”. The Fire Management Report (Revision 2, February 2021) prepared for the proposed development recommends that to achieve BAL19 the house “is sited on a low hazard area on the lot and achieves a setback of 10 metres from any retained vegetation” (Executive Summary). Noting the proposed location on the lot, this would require clearing a firebreak of at least 10 metres from the east, south and western sides of the dwelling and clearing to the lot boundary (approximately 7 metres) on the northern side.
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Thus all of the proposed firebreak around the dwelling in the application is less than the maximum
permissible under the Planning Regulations 2017.
Summary
The following table summarizes the clearing of native vegetation proposed for this application and the
exemptions that are requested to be applied.
Item Exemption Exemption Region Required
Type clearing
area
1 Exempted General Dwelling footprint including decks and 190 m2
development (k) verandahs
2 Exempted Firebreak Necessary firebreaks around dwelling. 1020 m2
development (n) 10 metres from building for BAL-19
(vii)
Total 1210 m2
A diagram showing the proposed clearing areas on the site is shown below. The clearing area for the
dwelling footprint is shown in blue and the firebreak area is shown in red.