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Cover Letter and Assessment
Biodiversity, waterways and wetlands overlay code The landowner is committed to conserving and improving the ecology of the site and this is driving their desire to locate the proposed dwelling as indicated. As discussed above, the proposed house site is the least biodiverse area on the entire block and is largely accessed by an existing track. There is also an existing cleared area in proximity that can accommodate the effluent disposal area minimising the need for clearing further. In addition, replanting and regeneration has already been undertaken and will continue to occur. In initial advice from Council via email on 19 January 2021 (Attachment F), Council indicated a site closer (10m) to Kinmond Creek Road would be more likely to be supported. However, the area 10m setback from the front boundary is a vine forest that has no existing access and has for example 16 individual species of native vine. It is therefore submitted that ecologically important areas are being conserved and improved as a result of the proposal (AO1.1) and buildings and infrastructure has been located in existing cleared areas and/or areas of lowest ecological value. Clearing will be limited to 10m around the dwelling (AO1.3). If boundary fencing is established clearing will not extend beyond 5m of that fence (AO1.4). The proposal otherwise meets all remaining relevant criteria under the code. Landslide hazard overlay code As mentioned above, the site is unconstrained by grade and it is therefore unclear why this is identified as an overlay (please refer to Figure 8). Access and the house site are not in a moderate, high or very high landslide hazard areas or an area with 15% slope or greater. Further assessment against this code is therefore not warranted. CONCLUSION Assessment has demonstrated that the proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. On balance the location of the new house as proposed will result in a lower net loss of vegetation which is the only trigger for the application. The application should therefore be recommended for approval. If you have any questions or would like to discuss any matter in further detail, please do not hesitate to contact me on 0448 446 362. Kind regards, Terry Frey | Principal
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