Microsoft Word - Opinion Letter Kabi Road Cootharaba.docx

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                    Noosa Plan 2020
                     Part 8 Overlay (see attached Appendix C) provides general advice in relation
                    to Overlay Codes. In particular, Section 8.1 Preliminary describes how the
                    Codes are presented in the Plan, and how they are to be utilised.
                    In particular, Section (5) cites:
                    “Where development is proposed on premises partly affected by an overlay,
                    the assessment benchmarks for the overlay only relate to the part of the
                    premises affected by the overlay”

                    State Planning Policy 2017
                    Table B State Interest Topic Natural l Hazards and Risks defines a Bushfire (
                    see attached Appendix D) defines a bushfire prone area as being in a
                    (paraphrased) Very High, High, Medium bushfire Area, and a Potential impact
                    buffer.

Based on the above investigations we believe that The Noosa Plan 2020 quite clearly
enumerates the circumstances under which the provisions of the Overlay Code, in this case ,
the Bushfire Hazard Overlay Code, are applicable.

It is evident from the Noosa Plan 2020 and State Planning Policy that as the proposed
buildings are in the part of the premises mapped as Low Hazard Area, the Noosa Plan
Overlay Code and the various State Guidelines in relation to development in Bushfire Hazard
Area, are not applicable.


Yours faithfully



………………………………..
Eldon Bottcher
Grad. Dip. DBPA (UWS) Dip. Arch. (QIT), Cert. R.F.M. (USQ), F.R.A.I.A., M.A.I.E.S. AIFireE
Architect
BPAD-L3 Practitioner




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APPENDIX A

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APPENDIX B

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APPENDIX C

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EXTRACT FROM NOOSA PLAN 2020 (OVERLAYS)

 

 

s Noosa Plan 2020
-—— 33 a

eee
Part 8 Overlays
8.1 Preliminary

(1) Overlays identify areas in the planning scheme that reflect state and local level interests and that have one or more of the following
characteristics;
(a) _ there is a strong sensitivity to the effects of development
(b) _ there is a constraint on land use or development
(c) there are valuable resources
(d) there are particular opportunities for development.
(2) | Overlays are mapped and included in Schedule 2 (mapping).

(3) | The changed category of development or assessment, if applicable, for development affected by an overlay is in Part 5 Tables of
Assessment.

(4) | Assessment benchmarks for an overlay may be contained in one or more of the following:
(a) amap for an overlay
(b) | acode for an overlay
(c) | azone code
(d)  alocal plan code
(e) | adevelopment code
(5) | Where development is proposed on premises partly affected by an overlay, the assessment benchmarks for the overlay only relate
to the part of the premises affected by the overlay.
8.2 Overlay codes
The overlay codes for the planning scheme are:
(a) Acid Sulfate Soils Overlay Code
(b) Biodiversity, Waterways and Wetlands Overlay Code
(c) _ Bushfire Hazard Overlay Code
(d) | Coastal Protection and Scenic Amenity Overlay Code
(e) Extractive Resources Overlay Code
() Flood Hazard Overlay Code
(g) Heritage Overlay Code
(h) Landslide Hazard Overlay Code

(i) Regional Infrastructure Overlay Code

8.2.1 Acid Sulfate Soils Overlay Code

8.2.1.1 Application

4 This code applies to assessable development:
(1)
(a) subject to the Acid Sulfate Soils Overlay shown on the overlay maps contained within Schedule 2 (Mapping); and

(b) _ identified as requiring assessment against the Acid Sulfate Soils overlay code by the tables of assessment in Part 5
(Tables of assessment).

(2) All provisions in this code are assessment benchmarks for applicable assessable development.

Editor's Note—the Acid Sulfate Soils Overlay Maps in Schedule 2 (Mapping) identify the following areas potentially subject to acid sulfate
soils:-

(a) Area 1 (Above 5 metres to 20 metres AHD); and
(b) | Area 2 (5 metres AHD or below).

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APPENDIX D

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EXTRACT FROM STATE PLANNING POLICY 2017

 

 

Table B: State mapping layers that must be appropriately integrated, and can be locally refined by a local
government in a local planning instrument (subject to approval by the Planning Minister), in a way that
achieves the state interest policy

erway (4 ET Uae od Ce ECR EG Ee CRC Ui aati
eet ee Clu)

Agriculture ° Agricultural Land Classification — Class A and Class B land.

sa2|puaddy

© Important agricultural areas.

MSES - Wildlife habitat.

Biodiversity

MSES - High ecological value waters (wetland).

MSES - High ecological value waters (watercourse).

MSES - Regulated vegetation.

MSES - Regulated vegetation (intersecting a watercourse).
Natural hazards, risk and resilience ¢ Bushfire prone area.

~ Very high potential bushfire intensity.

— High potential bushfire intensity.

— Medium potential bushfire intensity.

— Potential impact buffer.

Flood hazard area*.

Erosion prone area.

Storm tide inundation area.

 

Table C: State mapping layers that are provided for information purposes only

erway PEN Ua ee od RUC e Cun aes me Rey yh -g

 

N/A * Local government area.
© Regional planning boundary.

Water quality * Climatic regions — stormwater management design objectives.
* Urban water supply storage.
© Slightly disturbed waters.

Biodiversity © Regional biodiversity values.

Regional biodiversity corridors.

Transport infrastructure Transport noise corridor — state-controlled road (mandatory).

Transport noise corridor — state-controlled road (voluntary).

Transport noise corridor — railway.

* Transport noise corridor — local government road.

 

"Note: local refinement of the flood hazard area may be undertaken as a minor amendment to a local planning instrument in accordance with the Ministers
Guidelines and Rules, and as such not require approval by the Planning Minister.

State Planning Policy page 79

 

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EDUCATION AND QUALIFICATIONS                                   BBCA representation to Australian            Standards
Graduate Diploma in Design in Bushfire Prone                   Committee FP20 (AS 3959 & AS 5414)
Areas
University of Western Sydney                                   Research Consultant to Queensland University of
Diploma in Architecture                                        Technology Scenic Rim Black Saturday Recovery
Queensland Institute of Technology                             Project
Certificate of Rural Fire Management
University of Southern Queensland                              OTHER BUSHFIRE RELATED COURSES AND
Registered Architect                                           TRAINING
Queensland                                                     I.C.S./AIIMS (40 hr. course) in Incident Command
A+ Architect                                                   Systems
Australian Institute of Architects                             Certificate 4 (Workplace Training and Assessment)
FPA Australia Certified Practitioner (BPAD-Level 3-            RFSQ Level 1
16935)                                                         RFSQ Level 2 (Officer)
Bushfire Planning and Design (BPAD-LEVEL 3),                   RFSQ Fire Management 1
Alternate Solutions & DTS                                      RFSQ Crew Leader
                                                               Certificate II in Public Safety (Firefighting Operations)
PROFESSIONAL MEMBERSHIPS                                       Fire Weather 1
Fellow                                                         QELA Expert Witness Workshop 2020
Australian Institute of Architects
Member                                                         BUSHFIRE RELATED AWARDS
Australian Institute of Emergency Services                     Planning Institute of Australia
Member                                                         National Planning Award
Australian Institute of Engineers Society of Fire Safety       State Planning Award
Member                                                         Gold Coast Bushfire Management Strategy
Queensland Environmental Law Association.                      (Co-Initiator and Member of Preparation Committee)
Member Board of Experts
Bushfire Building Council of Australia                         Australian Government
Associate Member                                               National Medal
Institution of Fire Engineers                                  Long and Distinguished Service to Fire fighting
Corporate Member                                               Queensland Fire and Rescue Service
Fire Protection Association of Australia                       Diligent and Ethical Service Medal + Clasp
                                                               Service to Fire fighting
PROFESSIONAL EXPERIENCE
Director                                                       Queensland Government
Eldon Bottcher Architect Pty Ltd since 1978                    Australia Day Medallion
                                                               Services to Rural Fire Fighting
Bushfire Assessment and Planning Consultant since              Queensland Government
1998 with Involvement in more than 6,000 Bushfire              Year of the Volunteer Medallion
Mitigation Projects ranging from single dwellings to           Services to Fire fighting
major subdivisions, burn plans and general mitigation          UDIA
advice.                                                        Best Consultancy Team Award in 2007.

Group Officer                                                  SERVICES OFFERED
Albert Rural Fire Brigades Group
Queensland Fire and Rescue Service                             Bushfire management Reports
Group Officer
Gold Coast Rural Fire Brigades Group                           Bushfire Safety Engineering
Queensland Fire and Rescue Service
                                                               Bushfire Planning and Design
Group Officer
South East Regional Support Group
                                                               Bushfire Hazard Assessment
Queensland Fire and Rescue Service
Planning Officer                                               Performance Solutions
Gold Coast Rural Fire Brigades Group
Queensland Fire and Rescue Service                             Expert Witnessing
                                                               (See Planning and Environment Court of Queensland
Life Member                                                    Determination
Guanaba Rural Fire Brigade                                     File No. BD 624 of 2005 sections 28 to 35)
Member
Clagiraba Rural Fire Brigade                                   Continuing Professional Development Lectures

Member Practice Committee AIA Qld Chapter                      Tertiary Education Lectures and Tutorials

AIA Qld Chapter advisor to AIA National to NCC                 Town Planning Bushfire Codes for Local Authorities

AIA delegate to Building Industry and Research                 Bushfire Burn Planning
Consultation Panel on Bushfire Hazard advising
Queensland State Bushfire Committee                            General consultancy relating to all aspects of
                                                               Bushfire




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