2106-23234 SRA Response (MCU21_0094)

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                                                                                                 2106-23234 SRA




     SARA trigger:                      Schedule 10, Part 10, Division 3, Table 1, Item 1 (Planning Regulation
                                        2017)
                                        Koala habitat area in SEQ region

                                        Schedule 10, Part 3, Division 4, Table 3, Item 1 (Planning Regulation
                                        2017)
                                        Clearing native vegetation
     SARA reference:                    2106-23234 SRA
     Assessment Manager:                Noosa Shire Council
     Street address:                    142 Playfords Road, Kin Kin
     Real property description:         Lot 186 on MCH224
     Applicant name:                    JM Rogalsky
     Applicant contact details:          C/- Building Suncoast Green
                                         6 Lorraine Avenue
                                         Marcoola Beach QLD 4564
                                         [email protected]




Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s. 30 Development Assessment
Rules)
Copies of the relevant provisions are in Attachment 3.

A copy of this response has been sent to the applicant for their information.

For further information please contact Caroline Plank, Senior Planning Officer, on (07) 5352 9709 or via
email [email protected] who will be pleased to assist.




Yours sincerely




Garth Nolan
Manager (Planning)

cc         JM Rogalsky C/- Building Suncoast Green, [email protected]


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enc     Attachment 1 - Advice to the applicant
        Attachment 2 - Reasons for referral agency response
        Attachment 3 - Representations provisions




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Attachment 1—Advice to the applicant

 General advice
 1.       Terms and phrases used in this document are defined in the Planning Act 2016 its regulation
          or the State Development Assessment Provisions (SDAP), version 2.6. If a word remains
          undefined it has its ordinary meaning.
 2.       Nature Conservation (Koala) Conservation Plan 2017
          There are independent clearing requirements prescribed in the Nature Conservation (Koala)
          Conservation Plan 2017 (Koala Conservation Plan). Unlike the requirements in the Planning
          Regulation 2017, which are in place to protect koala habitat, the requirements in the Koala
          Conservation Plan are in place to prevent koalas being injured or killed during clearing.

          Note: These requirements apply irrespective of any approval or exemption provided under
          other pieces of legislation.

          Sequential clearing requirements
          Under section 10 of the Koala Conservation Plan it is a requirement that clearing of koala
          habitat trees (as defined below) in koala district A (which this property is in) must comply with
          the following sequential clearing conditions:
               clearing of the koala habitat trees is carried out in a way that ensures koalas in the
                   area being cleared (the clearing site) have enough time to move out of the clearing
                   site without human intervention
               when clearing sites with an area of more than 3ha the clearing must be carried out in
                   stages
               where the clearing site is 6ha or less, no more than 50% of the clearing site can be
                   cleared in any one stage
               where the clearing site is more than 6ha, no more than 3ha or 3% of the clearing site
                   (whichever is the greater) can be cleared in any one stage
               there must be at least one period of 12 hours (starting at 6pm on one day and ending
                   at 6am on the following day) between each stage during which no trees are cleared
                   on the site
               while the clearing is being carried out, the clearing of the koala habitat trees must be
                   carried out in a way that ensures appropriate habitat links are maintained within the
                   clearing site and between the clearing site and adjacent area, to allow koalas living on
                   the site to move out of the site
               no koala habitat trees in which a koala is present is to be cleared
               no koala habitat trees with a crown overlapping a tree in which a koala is present is to
                   be cleared.

          ‘Koala habitat trees’ mean, a tree in the following genera that are either edible by koalas or
          are used by koalas for shelter: Eucalyptus, Corymbia, Melaleuca, Lophostemon or
          Angophera.

          Koala spotter requirements
          Under Section 11 of the Koala Conservation Plan it is a requirement that clearing of koala
          habitat trees (as defined above) in koala habitat areas that have a trunk diameter of more than
          10cm at 1.3m above the ground must be undertaken in the presence of a koala spotter who
          has the primary role of locating koalas in the trees.

          ‘Koala spotter’ means, a person who has qualifications and experience, or demonstrated skills
          and knowledge in locating koalas in koala habitat or conducting arboreal fauna surveys.




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Attachment 2—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the department’s decision are:
 The development application seeks a development permit for material change of use for a dwelling
   house at 142 Playfords Road, Kin Kin which is formally described as Lot 186 on MCH224 (subject
   site).
 The application, as submitted, included a primary dwelling, secondary dwelling and shed, all located
   in different areas on the subject site which would result in interfering with koala habitat area and
   clearing native vegetation mapped as regulated vegetation (Category B – of concern regional
   ecosystem (RE)). The application therefore required referral to SARA for these two state matters.
 During the development assessment process, SARA identified that the development would result in a
   significant residual impact (SRI) on matters of state environmental significance (MSES) for the
   clearing of the of concern RE and therefore an offset for the SRI on the MSES would be required.
 In order to avoid the offset, the applicant changed their application to remove the secondary dwelling
   and co-locate the shed with the primary dwelling.
 As a result of the changed application, SARA determined that:
        o the interfering with koala habitat area could be done as exempted development, as defined in
             the Planning Regulation 2017, specifically through:
                  item (k) to clear for the house
                  item (l) to clear for the shed, vegetable garden and water tanks
                  item (n)(vii) to clear for necessary firebreaks around the house and shed
        o the clearing of native vegetation for the dwelling house and shed is prescribed clearing, as
             defined in the Planning Regulation 2017.
 Accordingly, the changed application does not result in assessable development for which SARA
   would be a referral agency, therefore, SARA has no requirements in relation to the application.

Material used in the assessment of the application:
 The development application material and submitted plans, including the changed application
 Planning Act 2016
 Planning Regulation 2017
 The State Development Assessment Provisions (version 2.6), as published by the Department of
   State Development, Infrastructure, Local Government and Planning
 The Development Assessment Rules
 SARA DA Mapping system
 Human Rights Act 2019




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Attachment 3—Change representation provisions
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