Minor Change Report OPW18 0342.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author 	Amanda Turner, Senior Environmental Officer
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0342.01
Development Approval	Operational Works – Earthworks & Clearing Vegetation
Applicant	Bluecare C/- Calibre Consulting
Request Received On	16 September 2021
Report Reviewed By	Kerri Coyle
Decision Due Date	15 October 2021

PROPERTY DETAILS
Property Address	1 Grasstree Ct Sunrise Beach Qld 4567
RP Description	Lot 9 SP 252905
Land Area	46027.69m2
Existing Use of Land	Vacant Land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils, Biodiversity, Bushfire, Landslide
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for Operational Works – Earthworks & Clearing Vegetation. The applicant seeks to change to an existing development approval to reflect the changes to the higher order approval. The high order approval (application number 132008.1128.04) changes to conditions required the submission of a revised Ecological Management Plan (EMP) to reflect the approved staging of the development.

Figure 1 – Locality
background
A development approval for Operational Works – Earthworks & Clearing Vegetation was approved on 8 July 2019. A change to the higher order approval was approved 24 July 2020 to permit the staging of the development subject and requiring a revised and staged EMP. The development approval for a related Operational Works application OPW18/0341.01 was approved 16 February 2021 for the required staged EMP for Stage 1 located on Lot 6 RP 901384. This Operational Works application relates to the EMP for the second stage on Lot 9 RP 252905.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the change is to reflect the approved changes from the higher order approval staging requirements.
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Community Facilities Zone Code;
Noosa Coastal Communities Local Plan Code;
Special Residential Code;
Earthworks Works Code;
Acid Sulfate Soils, Biodiversity, Bushfire, Landslide Overlay Codes.
The proposed changes are consistent with the planning scheme provisions. The minor change application is not relating to the approved vegetation clearing or earthworks but to separate the EMP into stages with this application relating to stage 2 within Lot 9 RP 252905. In addition to the change to the approved plans table to endorse the new revised EMP, Council proposed an additional condition be included to ensure vegetation clearing on Lot 9 for stage 2 does not occur until construction on Lot 9 is ready to commence.
On review of the proposed EMP further information was requested to clarify that details within the original approved EMP were included. The applicant clarified 27 October 2021 that 3 hectares of soil from stage 1 and stage 2 is to be transferred to the receiving site. Additionally the applicant confirmed that 15 feed trees are to be retained across Lot 6 and Lot 9.
Condition
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
4001-100	A	Bulk Earthworks Application prepared by Calibre	8 April 2019
4001-101	A	Overall Layout Plan prepared by Calibre	8 April 2019
4001-102	A	Survey Setout Plan prepared by Calibre	8 April 2019
4001-103	A	Survey Setout Tables prepared by Calibre	8 April 2019
4001-104	A	Tree Retention and Clearing Plan prepared by Calibre	8 April 2019
4001-108	A	Bulk Earthworks Layout Plan prepared by Calibre	8 April 2019
4001-109	A	Bulk Earthworks Typical Sections prepared by Calibre	8 April 2019
4001-110	A	Bulk Earthworks Layout Plan Sheet 1 of 4 prepared by Calibre	8 April 2019
4001-111	A	Bulk Earthworks Layout Plan Sheet 2 of 4 prepared by Calibre	8 April 2019
4001-112	A	Bulk Earthworks Layout Plan Sheet 3 of 4 prepared by Calibre	8 April 2019
4001-113	A	Bulk Earthworks Layout Plan Sheet 4 of 4 prepared by Calibre	8 April 2019
4001-114	A	Road 1 Longitudinal Section prepared by Calibre	8 April 2019
4001-115	A	Road 2 Longitudinal Section Sheet 1 of 2 prepared by Calibre	8 April 2019
4001-116	A	Road 2 Longitudinal Section Sheet 2 of 2 prepared by Calibre	8 April 2019
4001-117	A	Driveway 2 Longitudinal Section prepared by Calibre	8 April 2019
4001-118	A	Retaining Wall Setout Plan prepared by Calibre	8 April 2019
4001-119	A	Retaining Wall Typical Details prepared by Calibre	8 April 2019
4001-120	A	Fire Trail Cross Sections prepared by Calibre	8 April 2019
N/A	C	Bushfire Hazard Assessment and Management Plan prepared Meridian Urban	20 March 2019
N/A	3	Ecological Management Plan prepared by Gondwana Ecology Group P/L	8 May 2019

Applicant’s Request
Replace the current revision 3 EMP with the revised EMP Stage 2 – Lot 9.
Assessment of Request
The application is supported, as the request complies with the higher order approval condition to provide a revised EMP to align with the staging of the development.

NEW CONDITION
Council’s Request
Council proposes an additional condition within the Operational Works approval to ensure Lot 9 (stage 2) vegetation clearing does not occur until Lot 6 soil is removed, the receiver site stage 1 is planted and civil works will commence on Lot 9 within 3 months of the clearing.
Assessment of Request
The higher order approval requires a staged approach to the development, with Stage 1 (Lot 6) to commence first followed by Stage 2 (Lot 9). A condition is required to ensure Stage 2 vegetation clearing does not occur until there is certainty that construction of Stage 2 will commence and not allow Lot 9 to remain not vegetated for an extended period of time. The condition will ensure vegetation clearing does not occur until civil works are ready to commence within three months of the vegetation removal. This will allow for vegetation habitat to remain within Lot 9 for fauna in particular the Glossy Black Cockatoo for a longer period and will allow further growth and success of the first stage of rehabilitation of the receiver site. In addition live soil from Lot 6 has to have been cleared and transferred to the receiving site and the receiving site stage 1 has had weed control completed, irrigation installed and planting completed.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
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. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. OPW18/0342.01, to make a minor change to an existing approval for Earthworks and Clearing Vegetation situated at 1 Grasstree Ct Sunrise Beach Qld 4567 described as Lot 9 SP 252905, Council on 1 December 2021 decided to:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
4001-100	A	Bulk Earthworks Application prepared by Calibre	8 April 2019
4001-101	A	Overall Layout Plan prepared by Calibre	8 April 2019
4001-102	A	Survey Setout Plan prepared by Calibre	8 April 2019
4001-103	A	Survey Setout Tables prepared by Calibre	8 April 2019
4001-104	A	Tree Retention and Clearing Plan prepared by Calibre	8 April 2019
4001-108	A	Bulk Earthworks Layout Plan prepared by Calibre	8 April 2019
4001-109	A	Bulk Earthworks Typical Sections prepared by Calibre	8 April 2019
4001-110	A	Bulk Earthworks Layout Plan Sheet 1 of 4 prepared by Calibre	8 April 2019
4001-111	A	Bulk Earthworks Layout Plan Sheet 2 of 4 prepared by Calibre	8 April 2019
4001-112	A	Bulk Earthworks Layout Plan Sheet 3 of 4 prepared by Calibre	8 April 2019
4001-113	A	Bulk Earthworks Layout Plan Sheet 4 of 4 prepared by Calibre	8 April 2019
4001-114	A	Road 1 Longitudinal Section prepared by Calibre	8 April 2019
4001-115	A	Road 2 Longitudinal Section Sheet 1 of 2 prepared by Calibre	8 April 2019
4001-116	A	Road 2 Longitudinal Section Sheet 2 of 2 prepared by Calibre	8 April 2019
4001-117	A	Driveway 2 Longitudinal Section prepared by Calibre	8 April 2019
4001-118	A	Retaining Wall Setout Plan prepared by Calibre	8 April 2019
4001-119	A	Retaining Wall Typical Details prepared by Calibre	8 April 2019
4001-120	A	Fire Trail Cross Sections prepared by Calibre	8 April 2019
N/A	C	Bushfire Hazard Assessment and Management Plan prepared Meridian Urban	20 March 2019
N/A	5	Ecological Management Plan Stage 2 – Lot 9 prepared by Gondwana Ecology Group P/L	1 July 2021
Include the following additional condition:
Vegetation clearing on Lot 9 SP 252905 cannot commence until:
Lot 6 has been cleared of vegetation and live soil (topsoil, subsoil and seed bank) has been transferred to the receiving site, with the receiving site stage 1 weed control, planting and irrigation installation completed (as detailed within section 2. Site Treatment and Transfer Methods pg. 24 of the approved OPW18/0341.01 Environmental Management Plan Stage 1 – Lot 6 revision 4 prepared by Gondwana Ecology Group P/L dated February 2021; and
Written notice has been provided to Council that Civil works on Lot 9 SP 252905 will commence within three (3) months following the commencement of clearing unless otherwise agreed in writing by Council.

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