3365 261022 report · RAL19/0014.01

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                         TABLE OF CONTENTS

CONTENTS                                                                   PAGE


1.   GROUNDS FOR EXTENSION

     1.1   Substantially Commenced                                                3
     1.2   National Housing Crisis                                                4
     1.3   Bushfire Hazard                                                        5
     1.4   Infrastructure Provision                                               6
     1.5   Long Time Family Ownership / Development timeline                      10
     1.6   Civil Design / Op Works application / Unity Water matters              11
     1.7   Road Naming Application                                                12
     1.8   Op Works Decision Making Period                                        12
     1.9   Applicant’s appeal period                                              12


2.   IMPORTANT CONSIDERATIONS

     2.1   Biodiversity – No conservation significant fauna species               13
     2.2   Biodiversity, Waterways and Wetlands Overlay Code                      16
     2.3   Exempt Development - Schedule 10 of Planning Regulations 2017          18


3.   CONCLUSION                                                                   19


     ATTACHMENTS (added to email submission)

     Appendix 1   - Neighbour letter - Dawson

     Appendix 2   - Neighbour letter – Telford

     Appendix 3   - MSES Report




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1     Grounds for Extension to Currency Period


1.1   SUBSTANTIALLY COMMENCED



The development has substantially commenced with considerable costs met.



Civil design is complete and an operational works approval was issued by Council as
recently as August this year. This approval OPW26/0033 was included in the report
by the Development Assessment Manager to the General Committee Meeting on
6/10/26. Minutes show that the report was unanimously carried.

Fauna Management Plan completed and approved by Council with the OPW

Flora Survey Report complete and Flora Exempt Clearing acknowledgement
issued.

Underground Services detection

Topographic survey of upgraded Pottery Street surface, Red Street intersection,
underground infrastructure, sewer inverts and subject property site.

Cadastral survey of property boundaries and stake out of development

Vegetation Management Plan for APZ, including Fire Break Trail Tree Retention.

Tree Protection Plan for Pottery Street Road verge, including tree survey.

Landscape Design Plan completed and approved by Council with the OPW

Covenant Rehabilitation Management Plan completed and approved with OPW

Weed removal commenced and ongoing.

Unity Water Service Advice Notice

Sewer Network Analysis submission to Unity Water

Road Naming Application to Noosa Council

Bushfire Management consulting regards Fire Break Trail



The applicant can furnish receipts showing expenses between RAL approval
27/10/21 and today on the development total very close to $100k.


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1.2    NATIONAL HOUSING CRISIS

Successive Federal Governments have introduced measures attempting to alleviate
the well documented and reported National Housing Crisis.

State Governments, including Queensland, are involved through the National
Housing Accord, agreed to in late 2022. Many homes need building under this
accord before 2029, a challenging target currently unlikely to be achieved.

Funding has been provided to State Govt to boost supply and increase affordability.
The Qld Govt has a stated focus on increasing the supply of new properties to meet
the demand.

Planning restrictions have been identified as a key cause of inadequate supply.

It is important that planning schemes are prepared accurately, properly considerate
of urban growth, practical extension of existing infrastructure and housing choice, as
well as protecting biodiversity and limiting the effect of natural hazards such as flood
and bushfire in this time of climate change.

The obvious need for new allotments to build upon near Pomona is reflected in the
very short periods land is on the market, whether vacant or including existing
houses. Those that are vacant are not vacant for long!

RAL19/0014 is for development compliant with the detached housing zone of the
scheme former to the Noosa Plan 2020.

The 2 hectare parcel at 30 Pottery Street, Lot 496 on Plan MCH591, is zoned Rural
Residential under the Noosa Plan 2020. Under the former scheme, it was zoned
detached housing. It is likely the zoning change was to accord with mapped
biodiversity shown in State Govt and Council scheme overlays.

We suggest the biodiversity overlays, drafted using overhead imagery using broad
brush principles, are at least very questionable related to the subject parcel.

In considering a request for extension to RAL currency period under the Planning Act
2016, section 87 allows Council to consider any matter they consider relevant.

Under the following Biodiversity heading, we provide a report that suggests the
biodiversity overlays to be misleading.

We ask Council to approve an extension to RAL19/0014 considering the
development provides 8 additional home sites to a town currently devoid of vacant
land on a property to which infrastructure is now connected and can be extended by
gravity means.

This would provide small but definite assistance to Noosa Council in reaching targets
required in alleviating the Housing Crisis.


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1.3   BUSHFIRE HAZARD

Almost the entirety of the subject property is mapped on Council’s Bushfire Hazard
Overlay Map as Medium Potential Bushfire Hazard.

The mapping would be understandably based on tree canopy. Whilst properties to
the rear and south show existing residences excluded from the bushfire hazard
intensity mapping and include them within the potential impact buffer, such is not the
case on the subject property. Furthermore, tree canopy on Pottery Street road verge,
clearly evident on the imagery as a continuation of the canopy inside the property, is
somehow excluded and shown as potential impact buffer. This is perhaps evidence
of the broad brush nature of the mapping, and of a lack of consideration for the rights
of the resident in mapping the property.




Plate 1 - Noosa Plan Bushfire Hazard Overlay (OM_BH)



The trees causing the bushfire hazard will be cleared in the early stages of
development construction. Council desires to retain the trees on the road verge.

The Rural Fire Brigade has been requested on multiple occasions to carry out a fuel
reduction controlled burn over the subject property. On each occasion the area
representative informed the landowner that the RFB was not able to carry out such a
burn due to the threat of a fire getting away. Fire breaks needed to be in place first
before any attempt would be considered.

Of course, no fire break can be cleared prior to Council providing approval under the
operational works and with fauna management practises completed.




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The trees on the property are clearly visible to Red Street road users as tall and
quite densely situated. If a large fire was to emanate from the west, houses in the
mapped buffer area could be severely impacted and lives threatened.

Extension of the RAL currency will enable the development to proceed and the fire
source to be removed. Should the approval lapse, meaning most trees remain
standing, the fire threat to the Pomona township will continue and increase with time
due to climate change and densification of regrowth.




1.4   INFRASTRUCTURE PROVISION

The residence on the subject property is connected to reticulated water supply.

Civil design plans approved under the OPW show how this can be extended to
accommodate the new lots. The additional demand on the water network can be
accommodated as confirmed by Unitywater.

Similarly, OPW civil design plans show how existing sewer mains can be extended
to accommodate the new lots. The topography enables sewer to be provided by
gravity mains. Again, the additional demand on the sewer network can be
accommodated as confirmed by Unitywater.

It should be noted the residence on the property is NOT connected to the sewer.
Sewer main was installed at the south east corner of the property in 2013 and a
connection point made available. This was constructed as part of the Pomona Infill
Sewerage Scheme.




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Plate 2 – Pomona Infill Sewerage Scheme letter – 23/1/2013


The once off capital contribution and annual unconnected access fees for the last 13
years have been paid. The landowner has paid $10k to Unity Water for a service
that is not connected.

The development proceeding, by virtue of Council approving an extension to
currency, will enable connection to the extended main.

Without an extension to currency, the house will require connection to the sewer.

Trees between the house and sewer connection point will need removal so a house
drain can be installed.




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Unity Water mapping shows a map layer purporting to be the participating Council’s
PIA. The subject property is clearly included within the Priority Infrastructure Area.
This would align with the fact the sewer and water connections are on site.




Plate 3 –Netserv Plan Water Connection Area – Noosa PIA (Unity Water mapping)




Plate 4 –Netserv Plan Sewer Connection Area – Noosa PIA (Unity Water mapping)




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2006 Council mapping shows a layer for Town Boundary, that appears to agree with
the UW participating Council’s PIA mapping. The subject property is clearly included
within the then Town Boundary. This would again align with the fact the sewer and
water connections are on site, with the sewer being connected in 2013 as part of infill
infrastructure provision.




Plate 5 –
Town boundaries - superseded Noosa Plan 2006 mapping (Noosa Interactive Maps)


Council’s current PIA does not include the subject property. Together with adjoining
properties to the south, it has been been excluded from the PIA land by Council.




Plate 6 – Priority Infrastructure Area & Service Catchment (Noosa Interactive Mapping)



The inconsistencies between Council’s scheme mapping now and the layers
mapped on Unity Water’s website make it difficult to forward plan and civil design.

Unity Water listing of the subject property as Restricted Connection Area caused a
six month delay in submission of the op works application.


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One wonders why connected properties have not been included in Council’s PIA?
Relating to the subject property, it could be suggested the reason for exclusion
considered only the broadbrush vegetation mapping and did not at all consider
provision of infrastructure, whether or not a priority for the area.



1.5    LONG TIME FAMILY OWNERSHIP / DEVELOPMENT TIMELINE

Lot 496 was purchased by Donald and Ellen Leape and their residence built upon it
in the 1970s. The family, including young daughters Erica and Karen, made the
residence their home in late 1976. The parents remained resident in the home for
the remainder of their lives, Donald passing in 2002 and Ellen in late 2025. Erica
and Karen are now tenants in common, with Erica occupying the home.

Ellen was the applicant for the reconfiguration application made in May 2019. Her
intention was always to use her land in the manner best for family members, and the
then proposed zoning change to Rural Residential forced her hand.

A small 5 additional lot subdivision was proposed, with access either off Pottery
Street or via an access easement. Ellen would continue to reside in her home (Lot
E) below, with daughter Erica to build on Lot F and hence be available to care for
Ellen in her twilight years. Other lots would be sold or built upon by daughter Karen
or other extended family.




Plate 7 – Proposed Subdivision as initially submitted to Council (Source Brian Naismith)

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The decision notice RAL19/0014 finally issued in October 2021, with the layout very
different from the initial proposal. The changes made were to accommodate the
requirements of Council’s engineer that new road with kerb and channel be provided,
with no direct access to Pottery Street and that the new road be offset to Red Street.

This was a huge change to initial intentions, but the desired result of looking after
Ellen in her twilight years and providing for family could still be achieved, albeit at
considerable expense.

2020, 2021 and into 2022 were of course the worst of the Covid years.

Ellen, long retired Matron of the former Cooroy Hospital, enjoyed her role as an
active JP in Pomona, Cooroy and Noosa. Additionally, Ellen volunteered at Pomona
Lifeline on a weekly basis.

Upon Ellen contracting covid in Dec ’22, she experienced a steady physical and
cognitive decline. In accordance with her wishes, Ellen remained resident in her
home under the care of her daughter Erica. Sadly, Ellen passed away in Oct ’25.

Obviously, no development construction was possible in the years of Ellen’s decline.
Such would have resulted in too much disturbance and considerable angst to the
ailing woman.

Approaches were made to Council’s Planning Coordinator relative to a possible
extension. It was suggested a well-made op works application would help the cause.



1.6    CIVIL DESIGN / OP WORKS APPLICATION / UNITY WATER MATTERS

Efforts were made to initiate civil design from October ’23, with many frustrations.

TOD Consulting were formally engaged to complete all civil design on 13/5/25.

The operational works application was not formally submitted until 24/2/26 for a
multitude of reasons, most significantly
    additional survey requirements
    TOD Consulting loss of key personnel
    TOD Consulting loss of effective Unity Water (UW) accreditation
    Late advice of UW listing subject property as a Restricted Connection Area.
    UW queuing of file and slow response to H2One planning engineer’s report.

UW required a sewer network analysis in Dec ’25. After review by H2One Water and
Sewer Planning Engineers, the analysis was found unnecessary and confirmed so
by UW in April ‘26. However, until such confirmation was received, the feasibility of
the development was unknown. This 5 month uncertainty effectively resulted in the
development being impossible within the RAL currency.


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1.7   ROAD NAMING APPLICATION

A road naming application was made by the applicant on 16/2/26 and receipted by
Council as RM2026/04251 on 20/2/26. No further response was received from
Council regards this matter before an email of 1/10/26 advising RM2026/04251
closed.

On 1/10/26, the applicant phoned Council to be advised by reception that the
relevant team were unavailable, but that she would request the applicant be provided
with explanation as soon as possible. Nothing has since been communicated.



1.8   OP WORKS DECISION MAKING PERIOD

The operational works application was formally submitted 24/2/26, with an RFI
issuing 12/3/26.

Various consultant reports were required and obtained.
Further civil design was required and completed.
Additional survey was necessary.

The full formal RFI response was made and decision making period recommenced
7/7/26. OPW was approved 7/8/26 and a decision notice issued 14/8/26.


1.9   APPLICANTS APPEAL PERIOD

The applicants appeal period was suspended 31/8/26 and written representations
seeking change of conditions submitted 17/9/26.

Council confirmed receipt of the representations on 18/9 and advised they were
being considered. To date, no further response or advice has been received.




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2     Important Considerations


2.1   BIODIVERSITY – NO CONSERVATION SIGNIFICANT FAUNA SPECIES

In response to a RFI made to the application for RAL19/0014, a Koala Survey Report
was provided to Council. OWAD Environment provided the following.




Plate 8 – Extract of Koala Survey Report – OWAD Environment – Oct 2019




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Current Noosa Council interactive mapping overlay maps show Lot 496 MCH591
subject to MSES Environmental Values and as an area of Biodiversity Significance.




Plate 9 – Biodiversity, Waterways and Wetlands Overlay Map (Noosa Interactive Mapping)



Lot 496 has been in the ownership of the applicant’s family for over 50 years.

No koala has been sighted or heard on or near the property in that time. Neighbours
and/or nearby residents recently asked did state the same.

Letters are provided from two close neighbours substantiating this, see appendices.

A submission (number 21005862) was made to Council and is mentioned in the
Consultation Report adopted by Council in December 2019 on the New Noosa Plan.

Council’s Planners response to the submission was as follows: -

“The property is fully covered by the Biodiversity Overlay (Area of Biodiversity
Significance) and whilst there is a subdivision application in progress, it is not
proposed to change the zoning to Low Density Residential given the biodiversity
values in place.”
It can be concluded that the reason for changing the zoning from Detached Housing
under the former scheme to Rural Residential under the Noosa Plan 2020 is due to
the subject properties’ inclusion in the overlay.

The overlay is considered to be misleading.




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OWAD Environment have stated their view that “an area is Koala habitat so long as
Koala are present in the said area.”

No koalas are present in the neighbourhood of the subject site.

A fauna management plan (FMP) was required under condition 35 of RAL19/0014.
Such was commissioned and prepared by Equilibrium Ecology in January 2025 and
approved by Council under OPW26/0033 in August 2026.

The FMP reports in Table 1 – Habitat value for previously recorded conservation
significant fauna species: -

“Whilst general habitat is present for koalas, no recent records of koalas occur in
proximity to the site. The ecology surveys undertaken (including targeted koala
survey) did not record any evidence of koala habitation.”

Table 1 in the FMP provides an assessment of the habitat values present for the
conservation significant fauna species recorded on a Wildnet database search within
a 2km radius of the site.

The owner / applicants contend that no records of conservation significant fauna
species on the site exist, recent or otherwise.




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2.2    BIODIVERSITY, WATERWAYS AND WETLANDS OVERLAY CODE

The subject property is mapped within the Pomona Local Plan Area, sheet 9, of
Council’s Biodiversity, Waterways and Wetlands Overlay (i).




Plate 10 – Biodiversity, Waterways and Wetlands Overlay (i) Pomona Local Plan Area



The green shading represents mapped Area of Biodiversity Significance, whilst the
grid pattern circles represents mapped area of MSES Environmental Values.

It can be seen the Local Plan Area boundary agreed here with the 2006 Council
mapped Town Boundary referred to previously.

A current MSES report has been obtained for the subject property from the Dept of
Environment, Tourism, Science and Innovation. It is provided as an appendix.

Endangered, Vulnerable and Near Threatened listed species (EVNT) are considered
in the Ecological Assessment Report prepared by NCES and provided to Council as
part of the initial reconfiguration application documents in 2019.



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The only species a new inclusion on the current MSES report is the Tachyglossus
aculeatus (short-beaked echidna). It is listed as a special least concern animal
species.

Echidnas are present on the property, as evident from sightings by the occupants
over many years. The proposed conservation covenant will provide them permanent
protection going forward. The species is not threatened and is common in the
region. Shown below is an echidna, long-time resident in a Gympie Southside low
density residential backyard.




Plate 11 – Eddie the echidna (Source Brian Naismith photography)



The forementioned Ecological Assessment Report prepared by NCES considers
biodiversity and makes recommendations “to reduce environmental impacts
associated with the proposed development, to assist in preserving the site’s
biodiversity resources and to facilitate compliance with the relevant assessment
agencies.”

All of the recommendations have been conditioned on the development.

A legally binding conservation covenant over bushland area to be retained will be
registered on title.

Vegetation is to be protected during civil works under a management plan.

A Bushland Rehabilitation Plan has been prepared and will be implemented to
control existing and disturbance generated weed infestations on the site.


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An Exempt Clearing Notification (Protected Plants) form (accompanied by a flora
survey report) has been submitted to EHP prior to clearing.
A licensed fauna spotter catcher is to be present during all clearing activities to
reduce the risk of impacts to fauna during clearing;
Landscaping/revegetation treatments are suited to site conditions and comprise local
native species.

Biodiversity has been well considered and protected under the existing approval,
extension of the current RAL 19/0014 will result in the conservation covenant
becoming registered on title and provide permanent protection of a mapped wildlife
corridor.




2.3    EXEMPT DEVELOPMENT – SCHEDULE 10 – PLANNING REGS 2017



Development interfering with koala habitat in koala priority area and koala habitat
area is prohibited development.

However, exceptions apply, as listed in Schedule 10 of the Regulations.

The development approval which we hereby apply to extend was given for an
application that was properly made before 7 February 2020.

With Council’s agreement to extend the currency for the existing approval, the
development is not prohibited.




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3      Conclusion
Noosa town plan review proposed to rezone 30 Pottery Street from Detached
Housing to Rural Residential. Southern neighbours proposed Low Density
Residential. Reasoning assumed as Biodiversity considerations.

The applicant, having built the residence and occupied the land for then 43 years,
desired to develop her land to benefit family members as always intended.

Application properly made May 2019 under then Town Plan for layout preferred,
initially small scale but significantly intensified to accord with Council requirements.

The decision notice for RAL19/0014 issued by Council in October 2021.

This report indicates development has substantially commenced, with significant
costs met by the applicant. Construction delayed due to resident landowner ailing
and passing away under at home care, consultant industry shortages and lack of
availability, and review processes at Local Government and Service Authority level
being severely stretched and responses demonstrably slow.

The biodiversity mapping over the subject property emanates from aerial imagery
and has been found incorrect or misleading upon ground proofing. The reasoning
behind Council’s 2020 Noosa Plan rezoning of the land is questionable.

Very tall trees with dense canopy are the reason for the broad brushed biodiversity
mapping. These trees, close to built township lots, are of course a mapped bushfire
hazard. Approvals are already in place for their removal as part of this development.

Water and Sewer connection to the subject property was provided under Pomona
Infill Schemes. What was then considered Priority Infrastructure Area was later
removed from the PIA, despite the connected services, no reasoning provided. This
development will utilise existing infrastructure to its maximum potential.

Commonwealth and State Governments are making concerted effort to provide
housing stock addressing the current acknowledged Housing Crisis. Noosa Council
has recently considered specific targets for future housing, mostly by facilitating
medium and high density units. A needs analysis has not been completed in this
report as obvious, low density housing stock remains in great demand.

Council has the opportunity to provide additional low density style, fully serviced
allotments, without impact on existing infrastructure and by negating a documented
bushfire hazard, by extending the currency of RAL19/0014.




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