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210055 - 327 Kinmond Creek Road, COOTHARABA - 327 Kinmond Creek Rd Planning Report 2 (1)

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 TOWN PLANNING ASSESSMENT
 REPORT FOR PROPOSED DWELLING,
 GARAGE, CARPORT AND PLUNGE
 POOL




327 Kinmond Creek Road, Cootharaba

Building works: New dwelling, garage, carport and plunge
pool

Code Assessment
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Page 2

Development Application                                                                          327 Kinmond Creek Road, Cootharaba

                                                                                                                             Lot 1 on RP 184574



                                                            Table of Contents

Summary ................................................................................................................................................. 2
Executive Summary ................................................................................................................................. 3
Site Analysis ............................................................................................................................................ 4
   Site Details .......................................................................................................................................... 4
   Surrounding Area ................................................................................................................................ 4
Proposed Development .......................................................................................................................... 4
   Proposed Site Plan .............................................................................................................................. 4
Noosa Plan 2020 ..................................................................................................................................... 5
   Overlays .............................................................................................................................................. 5
   Level of Assessment ............................................................................................................................ 5
Conclusion ............................................................................................................................................. 21




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Page 3

Development Application                                         327 Kinmond Creek Road, Cootharaba

                                                                                 Lot 1 on RP 184574



Summary
 Site Details
 Site Address             327 Kinmond Creek Road, Cootharaba

 Property Description     Lot 1 on RP 184574

 Zone Classification      Rural

 Area                     33155.74m2



 Application Details
 Development type         Material Change of Use – Building Works in Area of Biodiversity
                          Significance
 Level of Assessment      Code Assessment
 Proposed                 Dwelling, Garage, Carport and Swimming Pool
 Development
 Key Planning triggers    Table 8.2.2 – Biodiversity Overlays
 Defined use              Dwelling
 Referral- concurrence    Applicable
 Referral- advice         Nil
 Public notification      Nil
 Applicant                EarthCert Pty Ltd




                                                                                            2|Page

Page 4

Development Application                                          327 Kinmond Creek Road, Cootharaba

                                                                                    Lot 1 on RP 184574



Executive Summary

The purpose of this report is to provide a detailed planning assessment for an MCU application for a
proposed dwelling, garage, carport and swimming pool at the subject property. The proposed is
assessable against the Noosa Plan 2020 Biodiversity, Waterways and Wetlands Overlay Code. The
proposal is code assessable under the levels of assessment of the Noosa Plan 2020 as follows:

    •   Proposed dwelling and associated garage, carport and swimming pool within an area of
        biodiversity significance.

As this planning assessment report and code assessment table outline, the proposed development
complies with the acceptable, performance and overall outcomes of the applicable code. Based on the
proposed development this should be granted approval subject to reasonable and relevant conditions.
This application meets the criteria for a properly made application as defined by s51 of the Planning Act
2016.




                                                                                             3|Page

Page 5

Development Application                                            327 Kinmond Creek Road, Cootharaba

                                                                                   Lot 1 on RP 184574



Site Analysis
Site Details
The subject lot is located at 327 Kinmond Creek Road, Cootharaba formally described as lot 1 on
RP184574. The lot is 33155.74m2 and situated in the Rural Zone.

Surrounding Area
The subject lot is located within a rural area with like properties.




Proposed Development
The proposed development is described as follows:

    1. Proposed Dwelling, Garage, Carport and Swimming Pool.

As detailed in the levels of assessment section of this report the proposed development is triggered to
code assessment under the levels of assessment for building work in under the Noosa Plan 2020
Biodioversity, Waterways and Wetlands Overlay Code.

Proposed Site Plan




                                                                                           4|Page

Page 6

Development Application                             327 Kinmond Creek Road, Cootharaba

                                                                    Lot 1 on RP 184574



Noosa Plan 2020

Overlays
Area of biodiversity significance

Level of Assessment
Biodiversity, Waterways and Wetlands Overlay Code




                                                                            5|Page

Page 7

Development Application                                                 327 Kinmond Creek Road, Cootharaba

                                                                                               Lot 1 on RP 184574



Table 8.2.2.3 – Criteria for assessable

development

Performance outcomes                         Acceptable outcomes

Ecologically important areas                                                                   Response
PO1                                          AO1.1                                         The proposed
Development is sited and designed to         Ecologically important areas are conserved or
                                                                                           development has
protect the physical and ecological          improved to ensure their ongoing contribution
integrity and biodiversity of ecologically   to the natural resources and biological       been well thought
important areas through protection of:       diversity of Noosa Shire.                     out with all
                                                                                               structures sited in
                                             AND
           1. existing habitat areas                                                           line with the
                and ecological linkages;     AO1.2                                             driveway creating
                and                          Buildings, structures and associated works        a narrow corridor
           2.   existing riparian            are located within existing cleared areas or
                                                                                               for development
                vegetation, waterways        areas of lowest ecological value.
                and wetland habitat                                                            and limiting
                values.                      AND                                               disturbance to the
                                                                                               existing vegetation
                                             AO1.3
                                             Where constructing a dwelling                     on site.
                                             house or community residence, buildings and
                                                                                           Vegetation clearing
                                             associated structures are not located on land
                                                                                           is not considered
                                             identified as an area of biodiversity
                                                                                           excessive but is
                                             significance on a Biodiversity, Waterways and
                                                                                           required to
                                             Wetlands Overlay Map.
                                                                                           accommodate the
                                                                                           proposed
                                             or
                                                                                           residential dwelling
                                                                                           and associated
                                             Clearing vegetation (other than for a
                                                                                           structures.
                                             driveway access) does not extend beyond—


                                                       1. 30 metres of a
                                                            habitable building or 10 metres
                                                            of a class 10 structure on lots
                                                            greater than 10 hectares; or
                                                       2.   10 metres of a
                                                            habitable building or class 10
                                                            structure on lots 10 hectares or
                                                            less but more than 3,000m2; or
                                                       3.   3 metres of a
                                                            habitable building or class 10
                                                            structure on lots 3,000m2 or
                                                            less.

                                             AND

                                             AO1.4
                                             Clearing of vegetation for a boundary fence
                                             does not extend beyond 5 metres either side
                                             of the fence.




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Page 8

Development Application                                              327 Kinmond Creek Road, Cootharaba

                                                                                           Lot 1 on RP 184574




Performance outcomes                   Acceptable outcomes

Reconfiguring a lot                                                                      Response
PO2                                    AO2                                               Not applicable
New lots are only created if they      Where clearing vegetation for the purpose
maintain ecological linkages and       of Reconfiguring a Lot:
minimise the clearing of vegetation.
                                                1. new boundaries to lots do not
                                                     transect and fragment existing
                                                     native vegetation;
                                                2.   new lots are created to allow for
                                                     suitable building envelopes for
                                                     future buildings and works to be
                                                     located within existing cleared
                                                     areas or areas of low ecological
                                                     value;
                                                3.   building envelopes are
                                                     designated for each lot; and
                                                4.   ecological
                                                     linkages and ecologically
                                                     important areas are secured by
                                                     environmental covenant or
                                                     transferred to public ownership
                                                     or through gazettal of a nature
                                                     reserve.


Management of impacts Table 8.2.2.3 - Criteria for assessable development (part)


Performance outcomes                           Acceptable outcomes

Management of impacts                                                                            Response




                                                                                                    7|Page

Page 9

Development Application                                      327 Kinmond Creek Road, Cootharaba

                                                                                Lot 1 on RP 184574



PO3                                        AO3.1                                      Please refer
Development is designed and sited to       Where clearing of vegetation cannot be     to the
manage adverse impacts on ecologically     practicably avoided, the development:      attached
important areas by:                                                                   Flora and
                                                   1.   ensures the design and siting ecological
                                                        limits the loss               assessment
        1. minimising the total                         of vegetation to the smallest reports.
           footprint within which all                   extent possible;
           activities, buildings,
                                                   2.   protects and retains
           structures driveways and
                                                        ecological values and
           other works are contained;
                                                        ecosystem processes to the
        2. locating development in                      greatest extent possible
           existing cleared areas or                    within and adjacent to
           areas of low ecological value                the site;
           over other areas to the
                                                   3.   provides measures to allow
           greatest extent possible; and
                                                        for safe movement of fauna
        3. incorporating siting and                     through the site; and
           design measures to protect
                                                   4.   provides suitable habitat
           and retain ecological values
                                                        replacement and replanting
           and ecosystem processes
                                                        in accordance with PSP3
           within or adjacent to the
                                                        Ecological Assessment
           development site; and
                                                        Guidelines.
        4. where adverse impacts have
                                           AO3.2
            been minimised, any residual
            impacts on ecological values Habitat trees, recruitment habitat trees,
            are compensated for through and roosting, breeding and feeding areas
            suitable habitat replacement are protected for native fauna habitat.
            and replanting on site in the
            first instance or in a way that
            results in a net gain and
            enhancement of the overall
            habitat values of Noosa
            Shire.




                                                                                        8|Page

Page 10

Development Application                                        327 Kinmond Creek Road, Cootharaba

                                                                                   Lot 1 on RP 184574



PO4                                        AO4.1                                    Complies
Development provides for effective         Vegetation is protected from disturbance
measures during construction and           or damage from construction and
operation to protect ecological values     operation activities by:
including:

                                                    1. clearly marking trees to be
         1. avoiding disturbance to                    retained with flagging tape;
            or clearing of vegetation in            2. installing protective fencing
            and within the vicinity of                 around the dripline of
            the site;                                  the vegetation and avoid
         2. managing habitat                           filling and excavating in these
            disturbance and physical                   fenced areas;
            harm to fauna from noise,               3. ensuring stockpiling, storage
            vibration, dust, light,                    and vehicle parking occurs
            dewatering or excavating;                  outside the
            and                                        identified vegetation areas;
         3. avoiding clearing in areas                 and
            where erosion or slippage               4. using low impact
            could occur.                               construction techniques
                                                       around vegetation.

                                           AO4.2
                                           Vegetation which is capable of forming or
                                           contributing to a buffer between different
                                           land uses or a buffer against pollution, light
                                           spillage or noise is retained.

                                           AO4.3
                                           Lighting associated with development:

                                                    1. does not contribute an
                                                       unacceptable level of
                                                       illuminance (greater than 1
                                                       lux) for light sensitive species
                                                       within or at the boundary of
                                                       an ecologically important
                                                       area; and
                                                    2. does not contribute to an
                                                       unacceptable level of
                                                       illuminance on landward
                                                       horizons along coastal areas
                                                       and known marine turtle
                                                       nesting beaches.

                                           AO4.4
                                           Clearing of vegetation does not
                                           involve clearing that may cause or



                                                                                            9|Page

Page 11

Development Application                                             327 Kinmond Creek Road, Cootharaba

                                                                                        Lot 1 on RP 184574



                                              contribute to hillslope erosion, bank
                                              erosion, or slippage.

Connectivity Table 8.2.2.3 - Criteria for assessable development (part)

Performance outcomes                  Acceptable outcomes

Connectivity                                                                        Response
PO5                                   AO5                                           Complies - The
Development is designed and           Development is designed and operated to
                                                                                    proposed
operated to maintain and enhance      maintain ecological linkages and maximise
connectivity between and              opportunity for connectivity and the movement development has
across ecologically important         of fauna by:                                  been well thought out
areas and connecting habitat and                                                   with all structures
support unimpeded and safe
                                               1. ensuring protection of wildlife  sited in line with the
movement of terrestrial and aquatic               refuges;
fauna.                                                                             driveway creating a
                                               2. maintaining vegetation in
                                                  patches of the greatest possible narrow corridor for
                                                  size and within the smallest     development and
                                                  possible edge-to-area ratio;
                                                                                   limiting disturbance
                                               3. enhancing connectivity through
                                                  planting and rehabilitation      to the existing
                                                  works, including across          vegetation and fauna
                                                  property boundaries, to areas of
                                                  national park, state forest or
                                                                                   on site.
                                                    reserve;
                                                                                    Vegetation clearing is
                                               4. avoiding the creation of physical not considered
                                                    barriers and safety hazards      excessive but is
                                                    (such as roads,                  required to
                                                    pedestrian access and instream
                                                                                     accommodate the
                                                    structures) along and within the
                                                    ecological linkage;              proposed residential
                                                                                     dwelling and
                                               5.   providing mitigation measures
                                                                                     associated structures.
                                                    such as wildlife movement
                                                    infrastructure, fauna exclusion
                                                    and directional fencing,         All measures as
                                                    underpasses/overpasses and       required will be taken to
                                                    traffic calming devices, signage ensure limited
                                                    and lighting; and                disturbance.
                                               6.   where offsets are necessary,
                                                    delivering offsets that support
                                                    and enhance ecological
                                                    linkages.




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Development Application                                327 Kinmond Creek Road, Cootharaba

                                                                        Lot 1 on RP 184574



Waterways and wetlands Table 8.2.2.3 - Criteria for assessable development (part)


Performance outcomes

Waterways and wetlands                                                     Response




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Page 13

Development Application                                        327 Kinmond Creek Road, Cootharaba

                                                                                    Lot 1 on RP 184574



PO6                                     AO6.1                                          Not applicable
                                        Development
The biodiversity and ecosystem values
                                        and clearing of vegetation does not occur
of waterways, wetlands and adjacent     within:
riparian zones are protected by:
                                                  1. a riparian buffer area;
                                                  2. a wetland area; or
        1. avoiding any new
                                                  3. 10 metres either side of the
           development in a riparian
                                                     centre line of other
           buffer
                                                     waterways identified on
           area and wetland area;
                                                     a Biodiversity, Waterways
        2. retaining aquatic and
                                                     and Wetlands Overlay Map.
           terrestrial habitat in
           riparian zones;
        3. maintaining and              AO6.2
           enhancing wildlife           Development provides for the
           corridors and connectivity rehabilitation of land within:
           along watercourses and
           drainage lines for native              1. a riparian buffer area;
           fauna movement;                        2. a wetland area; and
        4. avoiding edge effects and              3. 10 metres either side of the
           damage from adjacent                       centre line of any
           land uses;                                 other waterway identified on
        5. maintaining stream                         a Biodiversity, Waterways
           integrity and bank stability               and Wetlands Overlay Map.
           by minimising bank
           erosion and slumping;        AO6.3
        6. maintaining water quality Recreational facilities (eg. playgrounds,
           through filtering            pergolas, barbeques) are setback a
           sediments, nutrients and minimum of 10 metres from the top of
           other pollutants; and        the bank of a waterway.
        7. removing pest species and
           replacing them with local
                                        Editor’s Note—Setbacks to waterways for
           native species.
                                        certain uses and works are also specified
                                        in the relevant codes.

                                        Editor's Note—Wetland areas are
                                        identified on the Queensland Wetland
                                        Program mapping

                                        Editor's Note—
                                        Any clearing of vegetation also needs to
                                        meet the outcomes of the Earthworks
                                        Code and the Water Quality and Drainage
                                        Code.




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Page 14

Development Application                                    327 Kinmond Creek Road, Cootharaba

                                                                             Lot 1 on RP 184574



PO7
Vegetation within 400 metres of the full No acceptable outcome provided.
ponded water within Lake Macdonald is
retained.

PO8                                    AO8.1                                     Not applicable
Development on land adjacent to        Development adjacent to
a waterway or wetland maintains        a waterway or wetland provides that:
appropriate extent of public access to
waterways and wetlands and minimises
                                               1. no new lots directly back
edge effects.
                                                   onto a riparian buffer area;
                                                   and
                                               2. new public roads are located
                                                   between a riparian buffer
                                                   area or riparian zone and the
                                                   proposed development area.



Water hydrology Table 8.2.2.3. - Criteria for assessable development (part)




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Page 15

Development Application                                      327 Kinmond Creek Road, Cootharaba

                                                                               Lot 1 on RP 184574




Performance outcomes                  Acceptable outcomes

Surface and ground water hydrology                                           Response
PO9                                   AO9.1                                Not applicable
Development ensures that the          Development does not impact on the
natural surface water and ground      natural surface water or groundwater
water hydrologic regimes of           hydrologic regimes and this is
waterways, wetlands and               facilitated by:
hydrologically-sensitive plant
communities are not adversely                  1. avoiding or minimising
impacted.                                         channelization,
                                                  redirection or
Editor's Note—Groundwater                         interruption of flow;
dependent ecosystems are identified            2. avoiding groundwater
on Queensland                                     extraction;
Government Wetland Info mapping.               3. maintaining
                                                  groundwater recharge
                                                  and discharge processes;
                                               4. maintaining natural
                                                  groundwater
                                                  fluctuations;
                                               5. avoiding causing ingress
                                                  of saline water into
                                                  freshwater aquifers of
                                                  wetlands; and
                                               6. avoiding contaminants
                                                  entering groundwater
                                                  (e.g. from runoff,
                                                  effluent disposal).




Rehabilitation of ecologically important areas Table 8.2.2.3 - Criteria for assessable
development (part)




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Page 16

Development Application                                      327 Kinmond Creek Road, Cootharaba

                                                                             Lot 1 on RP 184574



Performance outcomes                             Acceptable outcomes                 Response

Rehabilitation of ecologically important areas




                                                                                    15 | P a g e

Page 17

Development Application                                       327 Kinmond Creek Road, Cootharaba

                                                                                  Lot 1 on RP 184574



PO10                                            AO10.1                                     Complies
Development provides for ecologically           Landscaping and
important areas to be restored and enhanced     rehabilitation complements and
through:                                        supports ecologically important
                                                areas by:

        1. designing landscaped areas to
                                                         1. utilising local native
           complement and enhance
                                                            species;
           existing vegetation and ecological
                                                         2. utilising suitable plant
           linkages;
                                                            species identified in PSP2
        2. removing species likely to
                                                            Landscaping;
           displace native flora species or
                                                         3. restoring degraded
           degrade fauna habitat;
                                                            ecosystems to achieve a
        3. replanting and rehabilitating
                                                            functional ecosystem state
           degraded habitat;
                                                            that requires minimal
        4. replacing
                                                            human intervention;
           any vegetation removed with
                                                         4. replicating adjacent
           suitable local native species;
                                                            remnant habitats of the
        5. providing for fauna habitat; and
                                                            same type, including the
        6. avoiding the planting of pest                    understorey vegetation;
           plant species.
                                                         5. creating or enhancing
                                                            linkages between existing
                                                            habitats;
                                                         6. avoiding the use of pest
                                                            plant species listed in PSP2
                                                            - Landscaping;
                                                         7. planting riparian zones to
                                                            filter stormwater run-off,
                                                            stabilise soil and provide
                                                            for wildlife habitat; and
                                                         8. providing ground and
                                                            arboreal structures for
                                                            fauna, which may include
                                                            ground depressions, rocks,
                                                            hollows, nesting boxes and
                                                            in-stream habitat.

                                                AO10.2
                                                Vegetation cleared is replaced with:

                                                         1. plantings
                                                            of equivalent area that
                                                            replicate the floristic
                                                            structure of
                                                            the vegetation removed;
                                                            or




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Page 18

Development Application                 327 Kinmond Creek Road, Cootharaba

                                                           Lot 1 on RP 184574



                                   2. where this is not possible
                                      due to the characteristics
                                      of the site and the
                                      development, plantings
                                      twice the number of the
                                      removed trees and plants.

                          Editor’s Note — Revegetation and
                          rehabilitation works are to be carried
                          out in accordance with an approved
                          Revegetation and Rehabilitation
                          Management Plan, as referred to
                          in PSP3 Ecological assessment
                          guidelines.




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Page 19

Development Application                                  327 Kinmond Creek Road, Cootharaba

                                                                          Lot 1 on RP 184574



Koala habitat protection and enhancement Table 8.2.2.3 - Criteria for assessable
development (part)




                                                                                   18 | P a g e

Page 20

Development Application                                      327 Kinmond Creek Road, Cootharaba

                                                                               Lot 1 on RP 184574




Performance outcomes                   Acceptable outcomes                Response

Koala habitat protection and enhancement
PO11                                 AO11.1                      Complies
Development is designed, constructed Development design complies
and operated to—                     with the Koala-sensitive
                                    Design Guideline: A guide to
                                    koala sensitive design
        1. protect and enhance      measures for planning and
           koalas and koala habitat
                                    development activities.
           and avoid adverse
           impacts;
                                       AO11.2
        2. provide measures to
                                       Development incorporates
           assist the survival of
                                       revegetation and landscaping
           koala populations in the
                                       that provides food, shelter and
           area to mitigate any
                                       movement opportunities for
           potential threats or risk
           to koalas; and
                                       koalas.
        3. provide for safe and
           appropriate koala
                                       AO11.3
           movement across the
                                       Development is designed to
           landscape.                  maximise and enhance
                                       connectivity between koala
                                       habitat trees and ensure safe
Editor's Note—Koala habitat
                                       koala movement.
mapping is in Schedule 2 Mapping.
                                       AO11.4
Editor's Note—The Planning               During construction, measures
Regulation 2017, schedule 10 states are incorporated to not
that development that interferes with increase the risk of death or
koala habitat, in an area that is both a injury to koalas, by including
koala priority area and a koala          safe koala movement
habitat area, is prohibited              measures, as defined in the
development (subject to the              Planning Regulation 2017.
exceptions stated in schedule 10 of
the Planning Regulation 2017).

Editor's Note - These performance
outcomes and acceptable outcomes




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Page 21

Development Application                                       327 Kinmond Creek Road, Cootharaba

                                                                              Lot 1 on RP 184574



apply to:

            1. development on land
               in a koala priority area,
               where the
               development does not
               interfere with koala
               habitat and where the
               benchmarks are
               additional to and not
               inconsistent with, the
               assessment
               benchmarks stated in
               schedule 11, part 2 of
               the Planning
               Regulations 2017; and
            2. development on land
               outside the koala priority
               area, where the
               development does not
               interfere with koala
               habitat in koala habitat
               areas.

Bushfire management Table 8.2.2.3 - Criteria for assessable development (part)
                                            Acceptable outcomes         Response
Performance outcomes

Bushfire management
PO12                                    No acceptable outcome           Complies
Bushfire management measures are        provided
adopted based on ecological principles,
which:


            1. maintain and enhance
               biodiversity;
            2. minimise threat of fire to
               the natural environment,
               as well as life and
               property; and
            3. provide for effective use
               and maintenance of
               buildings and structures.

Editor's note—The performance
outcome applies to properties in
bushfire hazard areas and only
where clearing is reasonably


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Page 22

Development Application                                        327 Kinmond Creek Road, Cootharaba

                                                                                 Lot 1 on RP 184574



                                             Acceptable outcomes         Response
Performance outcomes
necessary for the control of bushfire risk
to a building or structure. Bushfire
hazard areas are shown on Bushfire
Hazard Overlay maps in Schedule 2.

Scenic amenity Table 8.2.2.3 - Criteria for assessable development (part)

Performance outcomes                    Acceptable outcomes                   Response
Scenic amenity

PO13                                    AO13.1                                Complies
The scenic amenity and vegetated        Vegetation is retained:
character of the landscape is                    1. on and within 30
protected by retaining vegetation:                  metres of prominent
                                                    ridgelines and
                                                    on sloping sites;
         1. along and around
                                                 2. in gullies;
            watercourses and
            drainage lines;                      3. along watercourses and
                                                    drainage lines;
         2. on steep slopes and
            ridgelines;                          4. within 10 metres of
                                                    the major road
         3. along the major road
                                                    network; and
            network; and
                                                 5. along the front coastal
         4. that forms coastal
                                                    dune system.
            vistas to and from
            beaches.




Conclusion
As demonstrated by this planning report and code assessment submitted the proposed Secondary
Dwelling generally complies with the overall outcomes and intent of the Biodiversity, Waterways and
Wetlands Overlay Code. On this basis, the proposal should be granted approval subject to reasonable
and relevant conditions.




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