Reasons for Exemption EXE21 0016

REASONS FOR EXEMPTION
Author	Development Planner, Lisa Pienaar
Development Assessment
Application No EXE21/0016 – 369 Stratford Park Dr Pomona

background
The proposal for clearing vegetation within a building envelope and triggers under Noosa Plan 2020 for Building Work assessable against the Planning Scheme as the subject site is mapped as an area of biodiversity significance on a Biodiversity, Waterways and Wetlands Map. The Planning Act 2016 allows exemption certificates to be issues where ‘the development was categorised as assessable development because of an error’. The Tables of Assessment for the Biodiversity, Waterways and Wetlands Overlay includes an error in that ‘Accepted Development if dwelling house or community residence where located within an approved building envelope designated for that use’ is missing from the Planning Scheme (refer to Figure 1).
commentary
Council determined that the proposal was exempt for the following reasons
The applicant proposes clearing within a building envelope to facilitate an 8 x 6 metre shed as per planning approval DA13859 on 7 July 2000 and therefore should be considered Accepted Development.

Figure 1 – Tables of Assessment – Biodiversity, Waterways and Wetlands Overlay

Furthermore:
The site plan provided with the applicant shows the general location of the carport, but not the siting in relation to the side and front boundary.  The applicant advises the carport is to be located 11 metres from the front boundary and 6 metres from the side boundary.  These setbacks comply with Noosa Plan 2020.  In the absence of an accurate siting plan, it is recommended to include that the proposal needs to comply with Noosa Plan setback requirements in the Exemption Certificate.

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Table 5.9.2 Biodiversity, Waterways and Wetlands Overlay

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Missing: Accepted Development if dwelling house or community residence where located within
an approved building envelope designated for that use.