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Planning Report · MCU16/0099.01

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Planning Report
Change Application (other)

for Telecommunications Facility at

21 Jirrima Crescent Cooroibah QLD 4565 &

23 Jirrima Crescent Cooroibah QLD 4565


NBN Site Reference

NBN-4BBZ-4GYM-5136 - Cooroibah
Full text of the other 22 pages

Page 2

Disclaimer
This document is provided for information purposes only. This document is subject to the
information classification set out on this page. If no information classification has been included,
this document must be treated as UNCLASSIFIED, SENSITIVE and must not be disclosed other
than with the consent of nbn. The recipient (including third parties) must make and rely on their
own inquiries as to the currency, accuracy and completeness of the information contained herein
and must not use this document other than with the consent of nbn.
© 2016 nbn™ limited. All rights reserved.


Document control

Document information


Document type               Planning Assessment Report         –
                            Change Application (other)
Author                      Max Peel
Approver (owner)            Adam Pfitzner
Status                      Final

Revision number             3
Classification              UNCLASSIFIED



Revision history


 Date            Revision        Details
 27/11/19        1               Draft Report
 11/12/19        2               Second Draft
 13/12/19        3               Final Version




                                                                                                  2

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Contents

     Executive Summary                                      5

1. INTRODUCTION                                             6

     1.1   Background                                       6

     1.2   Purpose of this report                           6

2.   SUBJECT SITE & SURROUNDS                               7

3.   THE PROPOSAL                                           9

     3.1   Proposal Summary                                 9

4.   CURRENT PLANNING CONTROLS                              11

     4.1   Queensland planning legislation and guidelines   11

     4.2   Local government regulatory framework            14

5.   OTHER ENVIRONMENTAL CONSTRAINTS AND OPPORTUNITIES      19

     5.1   Environmental areas                              19

     5.2   Bushfire hazard                                  22

     5.3   Flood Hazard                                     22

     5.4   Stormwater catchment                             22

6.   CONCLUSION                                             23

7.   APPENDIX                                               24

     Appendix A – Negotiated Decision Notice                25

     Appendix B – Pre-lodgement Meeting Minutes             26

     Appendix C – Amended Proposal Plans                    27

     Appendix D – Code Assessment                           28

     Appendix E – Environmental Searches                    29




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Figures
Figure 1: Aerial map of the site within the context of the wider area (Source: QLD Globe)........ 7

Figure 2: Aerial map of the site within the context of the local area (Source: QLD Globe) ......... 7

Figure 3: Alignment of the proposed access track to the approved facility (Source: QLD Globe) 9

Figure 4: Cooroibah Biodiversity Overlay (Source: The Noosa Plan) ...................................... 16

Figure 5: Cooroibah Natural Hazard: Landslide & Flooding Overlay (Source: The Noosa Plan) .. 16

Figure 6: Cooroibah Natural Hazard: Bushfire & Acid Sulfate Soils Overlay (Source: The Noosa
Plan)............................................................................................................................. 17

Figure 7: Existing waterway crossing and proposed access to the approved facility looking west
from within the access lot ................................................................................................ 19

Figure 8: Proposed power route located on the subject site in relation to proposed access and
easement located on the access lot .................................................................................. 20




Tables
Table 1: Assessment of Interim Development Assessment Provisions .................................... 12




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Executive Summary

                         •   Change Application (other) in accordance with
Application/s                Section 78 of the Planning Act 2016 to change an
                             existing development approval
                         •   Application for a Development Permit for a
                             Reconfiguration of a Lot for an access easement

Proposal              nbn proposes to change the existing development
                      approval for a telecommunications facility (Permit Ref:
                      MCU16/0099 and OPW/16/0218) by proposing a new
                      secondary access to the approved facility. Changes to the
                      power route are also proposed. Additionally, nbn propose
                      to establish an access easement from Jirrima Crescent to
                      the approved telecommunications facility.

                      The easement traverses the adjoining lot (Lot 46
                      RP136461) to the approved facility located on the subject
                      site (Lot 47 RP136461).

Purpose               The proposed new access to the approved facility is
                      necessary to ensure safe access for construction vehicles
                      and maintenance vehicles without requiring an upgrade of
                      the waterway crossing within the subject site (Lot 47
                      RP136461).

Property Details      Lot & Plan No: Lot 47 RP136461 & Lot 46 RP136461
                      Street Address: 21 Jirrima Crescent Cooroibah QLD 4565
                      & 23 Jirrima Crescent Cooroibah QLD 4565
                      Property Owner – 23 Jirrima Crescent (Lot 47 RP136461):
                      Rebecca Georgina Timms
                      Property Owner – 21 Jirrima Crescent (Lot 46 RP136461):
                      Ian William Rowe and Janis Rae Rowe

Town Planning         Council: Noosa Shire Council
Scheme                Zones: Rural Settlement Zone
                      Use Definition: Infrastructure Use – Service and Utility
                      (Type 3 Tower)
                      Relevant State & Local Planning Policies      Complies
Applicable Planning
Policies              ShapingSEQ                                    Yes

                      State Planning Policy                         Yes

                      Noosa Plan 2006                               Yes

                      Nbn Co Limited (nbn)
Applicant             c/- Aurecon Australasia Pty Ltd
                      Locked Bag 331, Brisbane QLD 4001
                      Contact: Max Peel
                      Our Ref: NBN-4BBZ-4GYM-5136 - Cooroibah

                                                                                  5

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1. INTRODUCTION

1.1 Background

On 8 June 2017, Noosa Shire Council issued a Negotiation Decision Notice for a
development permit to nbn for a ‘Telecommunications Facility’ (Permit
Reference: MCU16/0099 & OPW16/0218) associated with the development of a
telecommunications facility at 23 Jirrima Crescent, Cooroibah QLD 4565 (Lot 47
RP136461). The development permit is contained within Appendix A – Negotiated
Decision Notice. Commencement of this use has not yet occurred and the
development permit remains valid.

Upon progressing further construction assessments of the waterway crossing on
Lot 47 RP136461 (the subject site), it was found that substantial upgrades
involving environmental disturbance would be required to provide safe access
for the crane, construction vehicles and maintenance vehicles to the western
portion of the subject site. A pre-lodgement meeting was undertaken on 13
November 2019 to discuss a new access for construction and maintenance
purposes from within the adjoining lot to the south (Lot 46 RP136461) (the
access lot). The proposed access will be the only access used by nbn and its
contractors for construction and maintenance purposes. Additionally, a change
to the approved power route is proposed. The pre-lodgement meeting minutes
contained within Appendix B – Pre-lodgement Meeting Minutes, provides
information on the applicable planning applications and plans which must
accompany the Change Application (other).

As such, the proposed Change Application will seek to demonstrate that the
proposed access is compliant with the Noosa Shire Plan 2006 (The Noosa Plan).
Amendments to the power connection have also been proposed and are outlined
in this report and within the proposal plans contained in Appendix C – Amended
Proposal Plans.



1.2 Purpose of this report

This Planning Report has been prepared by Aurecon Australasia Pty Limited
(Aurecon) on behalf of nbn (the applicant) to accompany a Change Application
(other) in accordance with Section 78 of the Planning Act 2016 (Planning Act),
to change the existing development permit. The Change Application will also
incorporate an application for a Reconfiguration of a Lot to establish a new
easement over the proposed access from Jirrima Crescent to the approved
facility.


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2. SUBJECT SITE & SURROUNDS
The approved facility will be located at 23 Jirrima Crescent, legally described as
Lot 47 RP136461 (subject site). The proposed access is largely located over 21
Jirrima Crescent, legally described as Lot 46 RP136461 (access lot). Both the
subject site and the access lot adjoin Jirrima Crescent to the east. Figure 1 and
Figure 2 identify the subject site within the context of the local area, as well as
the approved location of the facility within the site.




                                                  Approved Facility
                                                  Location




         Figure 1: Aerial map of the site within the context of the wider area (Source: QLD Globe)


                                  Existing Dwelling
       Lot 47 RP136461
                                                                 Jirrima Crescent
                                Approved Facility
                                Location




        Lot 46 RP136461
                                                         Existing Waterway


                                                                    way




         Figure 2: Aerial map of the site within the context of the local area (Source: QLD Globe)

                                                                                                     7

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The subject site is currently utilised for residential purposes and currently
contains a dwelling and an ancillary shed. Natural features located on the subject
site include mature vegetation, small shrub vegetation and a waterway. The
subject site adjoins Jirrima Crescent to the east. Large rural residential
properties adjoin the subject site to the north and south. Bushland is located to
the west. The topography of the subject site is relatively flat, with ground levels
ranging from 9 m AHD at its highest point on the eastern boundary adjacent to
Jirrima Crescent, to 6 m AHD at the lowest point in the centre of the property,
which contains the waterway. The relative height at which the approved facility
will be located is 8 m AHD.

The built form and typical land uses on properties in the surrounding area are
predominantly single detached dwellings on rural residential allotments.
Separation between the proposed facility location and the closest dwelling at 21
Jirrima Crescent is approximately 260 m.

Access and power connection to the approved facility will be discussed in the
next section of this Change Application report.




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3. THE PROPOSAL

3.1 Proposal Summary
This application involves the following changes to the approved development:
   •    Access to be obtained from the adjoining lot to the south
   •    Extent of vegetation clearing
   •    Power supply route


3.1.1   Proposed access to the approved facility

In accordance with Section 78 of the Planning Act, approval is sought for the
proposed access to the approved telecommunications facility from Jirrima
Crescent, traversing the access lot, for construction and maintenance access.
The proposed access has incorporated a second lot (the access lot), to utilise
the existing waterway crossing on the land. The proposed access track
alignment is outlined in green (Figure 3). Substantial earthworks and vegetation
removal would be required to upgrade the existing waterway crossing on the
subject site. In order to reduce the environmental impact to upgrade the existing
waterway crossing proposed within the original approval, the existing waterway
crossing located on the access lot is instead proposed to be utilised.




        Figure 3: Alignment of the proposed access track to the approved facility (Source: QLD Globe)




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The access design components of the proposed access from Jirrima Crescent,
traversing the access lot, are described below:
   •    Provide a 300 m (approximate distance) proposed access track from
        Jirrima Crescent to the approved facility on the subject site (traversing
        46 RP136461). The proposed access route will require a gravel upgrade
        to ensure all-weather access for construction and maintenance vehicles
        (Refer Proposal Plans in Appendix C – Amended Proposal Plans).
The proposed access will utilise an existing waterway crossing on the access lot.
An on-site evaluation of the existing waterway crossing was undertaken in
October 2019. nbn intends to deploy a Registered Professional Engineer of
Queensland (RPEQ) to the access lot to undertake a structural assessment of
the existing waterway crossing. A structural certificate will be provided to
Council prior to the decision period.

3.1.2   Proposed vegetation clearing

The site investigation identified that three (3) trees along the proposed access
track will be removed. Please refer to the Easement Survey Plan, outlining the
position of the trees, attached to the amended proposal plans (Appendix C –
Amended Proposal Plans).



3.1.3   Utility service details

Power will be supplied to the site via an amended underground electrical route,
as shown on Drawing Number 4GYM-51-36-C000-C2 of the amended proposal
plans contained in Appendix C – Amended Proposal Plans.

In the unlikely event that power is not available to the site, a temporary power
supply would be required in the form of a generator. Upgrades to the existing
power facilities will be at the applicant’s expense.

3.1.4   Construction and noise

No changes to noise and vibration emissions are expected as a result of the
proposed changes to the existing approval.




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4. CURRENT PLANNING CONTROLS

4.1 Queensland planning legislation and guidelines
4.1.1   Planning Act 2016

Pursuant to Chapter 3 of the Planning Act and in accordance with the Noosa
Plan, the Assessment Manager has deemed the proposed changes to the
approved telecommunication facility to be changes other than for a minor
change to a development approval. As such, the proposal is considered
assessable development under the Planning Act and will require Public
Notification in accordance with Section 68 of the Planning Act.

4.1.2   Regional Plan

As part of the government’s ongoing commitment to planning in SEQ, the
department has brought ShapingSEQ into effect. ShapingSEQ provides a
framework for managing the region’s growth during the next 25 years and sets
a vision for the next 50 years.

ShapingSEQ continues to allocate all land in the region into one of the three land
use categories; Regional Landscape and Rural Production Area, Urban Footprint
and Rural Living Area. The subject site remains within the Rural Living Area. The
proposed facility will not compromise the intent of the area and is generally
compliant with the provisions of ShapingSEQ.


4.1.3   State Planning Policy (SPP)

On 2 December 2013, the Queensland Government adopted its new single State
Planning Policy (SPP). The SPP replaces the previous multiple policies in
existence. The SPP sets out policies on matters of state interest in relation to
planning and development and provides a key framework for the government's
broader commitment to planning reform.

The SPP identifies the state's interests in planning and development and how
these are to be dealt with in planning instruments, Council development
assessment processes and in designating land for community infrastructure.
The SPP has not been reflected in The Noosa Plan, and therefore the proposed
development requires assessment against the ‘interim development assessment
provisions’ as outlined in Part E of the SPP.

In accordance with the Part E interim development assessment provisions of the
SPP, there are three (3) codes triggered and addressed in Table 1 below.




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Table 1: Assessment of Interim Development Assessment Provisions


        Applicable State                 Assessment                        Compliance
           Interest
Natural Hazards –                A development application         Complies
    •     Flood Hazard area*     for a material change of use,     The subject site and access
          -    Level  1    –     reconfiguring    a   lot   or     lot are identified under the
          Queensland             operational works on land         SPP mapping as being within
          Floodplain             within:                           a Flood Hazard Area – Level
          Assessment overlay                                       1 – Queensland Floodplain
                                    •   A flood hazard area,
    •     Flood hazard area*                                       Assessment Overlay, Flood
                                        or
          - Level 1 – Local                                        Hazard Area – Level 1 –
                                    •   A bushfire hazard
          Government flood                                         Local Government Flood
                                        area, or
          mapping area                                             Mapping Area.       However,
                                    •   A landslide hazard
                                                                   the proposed access and
    •     Bushfire Hazard               area; or
                                                                   power route will not pose a
                                    •   A coastal hazard area
                                                                   risk to people or property.
                                    •   For     all   natural
                                                                   The proposed power to the
                                        hazards:
                                                                   approved facility will be
                                                                   installed underground and
                                 Development:
                                                                   will not increase risk to
                                 1. Avoids natural hazards         people or property in the
                                    areas or mitigates the         event of flooding or bushfire.
                                    risks of the natural           The proposed access will
                                    hazards; and                   utilise an existing waterway
                                 2. Supports, and does not         crossing    and     will  not
                                    unduly burden, disaster        increase risk to people or
                                    management response            property in the event of
                                    or recovery capacity and       flooding or bushfire.
                                    capabilities; and
                                 3. Directly, indirectly and       No hazardous materials will
                                    cumulatively avoids an         be stored on site as a result
                                    increase in the severity       of the proposed changes to
                                    of the natural hazards         the existing approval.
                                    and the potential for
                                    damage on the site or to
                                    other properties; and
                                 4. Avoids risks to public
                                    safety       and      the
                                    environment from the
                                    location of hazardous
                                    materials      and    the
                                    release      of     these
                                    materials as a result of a
                                    natural hazard; and

                                 Maintains   or    enhances
                                 natural processes and the
                                 protective   function   of
                                 landforms and vegetation

                                                                                              12

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                                that can mitigate risks
                                associated with the natural
                                hazard
Biodiversity –                  A development application          The subject site is identified
   •   MSES     -    Wildlife   where the land relates to a        under the SPP mapping as
       habitat                  matter          of         state   containing Wildlife Habitat,
   •   MSES – Regulated         environmental significance,        and Regulated Vegetation
       Vegetation               if the application is for:         (intersecting                a
       (intersecting        a   (a)     operational work, or       watercourse).
       watercourse)             (b)    a material change of        The proposed access and
                                use other than for a dwelling      power    route   will   not
                                house, or                          negatively   impact   upon
                                (c)    reconfiguring a lot         Matters       of      State
                                that results in more than six      Environmental Significance
                                lots or lots less than five        (MSES), for the following
                                hectares.                          reasons:

                                                                   •   No works or vegetation
                                Development:
                                                                       clearing    within     the
                                (1) enhances matters of                Wildlife Habitat areas on
                                state         environmental
                                                                       site is proposed to
                                significance where possible,           establish the proposed
                                and
                                                                       access and power to the
                                (2) identifies any potential           approved facility.
                                significant         adverse        •   All construction activities
                                environmental impacts on               will be managed to avoid
                                matters        of     state            any sediment run-off
                                environmental significance,            during the construction
                                and                                    period in accordance
                                (3) manages the significant            with nbn’s contractor’s
                                adverse       environmental            Construction
                                impacts on matters of state            Environmental
                                environmental significance             Management Plan.
                                by protecting the matters of
                                state         environmental
                                significance    from,     or
                                otherwise mitigating, those
                                impacts.
Water Quality –                 Water quality is to ensure         The proposed access and
                                development is planned,            power    route   will  not
   •   Climatic   regions:
                                designed, constructed and          negatively impact on water
       stormwater
                                operated      to    manage         quality, for the following
       management design
                                stormwater and wastewater          reasons:
       objectives
                                in ways that support the           •   Only minor earthworks
                                protection of environmental            are required to install the
                                values identified in the               power route within the
                                Environmental     Protection           eastern portion of the
                                (Water) Policy 2009.                   subject site. Power will


                                                                                               13

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                                                           be installed underneath
                                                           the water way to the
                                                           approved      facility via
                                                           underboring.
                                                       •   No     earthworks      are
                                                           required to establish the
                                                           proposed access. The
                                                           proposed access has
                                                           been     established    to
                                                           avoid earthworks within
                                                           the waterway that would
                                                           have impacts on water
                                                           quality.
                                                       •   No hazardous chemicals
                                                           or     pollutants      are
                                                           proposed to be stored as
                                                           a result of the proposal.



4.1.4   Referral Agencies

A referral agency is an agency that has jurisdiction over a matter in a
development application if referral to that agency is triggered under Schedule
10 of the Planning Regulation 2017 (the Regulation).

The State Assessment and Referral Agency (SARA) within the Department of
State Development, Manufacturing, Infrastructure and Planning (DSDMIP) is the
single referral agency for all development applications where the Chief Executive
of the Planning Act has a jurisdiction as either the Assessment Manager or
referral agency. It is noted that there are still a number of other entities that
exist outside of SARA, that still hold jurisdiction for their own referral agency
triggers. Where referral to one of these agencies is required, SARA are not
involved and referral is undertaken to the agency directly in accordance with the
requirements under the Planning Act.

In accordance with Schedule 10 of the Regulation, the proposed change (other)
application will not require referral to SARA as the proposed access no longer
requires constructing or raising waterway barrier works.


4.2 Local government regulatory framework
In addition to relevant Commonwealth and State government regulatory
requirements, the proposed change is also subject to the local government
regulatory framework. In this instance, the relevant local government regulatory
framework is the Noosa Plan.




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4.2.1   The Noosa Plan

The proposed Change Application is associated with a telecommunications
facility. A telecommunications facility is defined within Noosa Plan as follows:

        •   Primary Use: ‘Infrastructure Uses’
            o Use Class: ‘Service and utility’
                  ▪ Use: ‘Type 3 Tower’


Type 3 Tower is defined as:

‘The use of premises for a tower, antennas or mast and supporting shelter or
equipment, in the provision or supply of electricity or telecommunications. The
use excludes facilities deemed to be “Low Impact Facilities” under the
Telecommunication (Low Impact Facility) Determination Act 1997 and excludes
power poles. The use includes a telecommunication tower, wind turbine, high
voltage transmission lines (110kv or greater).’


4.2.2   Zoning

The subject site and access lot are zoned as ‘Rural Settlement’ under the Noosa
Plan. A proposed Material Change of Use or associated Change Application for a
‘Type 3 Tower’ in this Zone is Impact Assessable in accordance with Division 5,
Table 5.3 – Assessment table for the Rural Settlement Zone. As such, an
assessment against the Rural Residential Zone Code has been provided in
Appendix D – Code Assessment.




4.2.3   Overlays

The proposed changes to the existing approval will not impact on any
additional overlays. However, the following overlays must be considered in
assessing the proposed access and power route to the approved facility as
outlined under the Noosa Plan:

   •    Cooroibah Biodiversity Overlay – the subject site is identified within the
        Riparian Buffer Area and Koala Habitat Area (Figure 4)
   •    Cooroibah Natural Hazard: Landslide & Flooding Overlay – the subject
        site is identified within an area subject to minimum floor height (Figure
        5)
   •    Cooroibah Natural Hazard: Bushfire & Acid Sulfate Soils Overlay – the
        subject site is identified within the high potential acid sulfate area (0-5m
        AHD)(Figure 6)




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                                                      Key:




                           Approved Facility


                                                             Proposed power




                           Proposed access




             Figure 4: Cooroibah Biodiversity Overlay (Source: The Noosa Plan)




                                                     Key:




       Approved Facility


                                               Proposed power




     Proposed access




Figure 5: Cooroibah Natural Hazard: Landslide & Flooding Overlay (Source: The Noosa Plan)




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                                                       Key:




                  Approved Facility


                                                  Proposed power




                         Proposed access




]

Figure 6: Cooroibah Natural Hazard: Bushfire & Acid Sulfate Soils Overlay (Source: The Noosa Plan)



An assessment of the Change Application (other) against the relevant overlays
codes is contained in Appendix D – Code Assessment. All relevant environmental
searches are contained within Appendix E – Environmental Searches


4.2.4   Applicable codes

As the approved facility and associated Change Application are identified as
Impact Assessable within the ‘Rural Settlement’ Zone, the proposal must be
assessed against the relevant sections of The Noosa Plan. The development and
overlay codes that have been deemed applicable to this application are outlined
hereunder:

Part 5 – Planning Area Codes

    •   Cooroibah Locality Code
    •   Rural Settlement Zone Code

Part 13 – Overlay Codes

    •   Biodiversity Overlay Code
    •   Natural Hazards Overlay Code


Part 14 – Development Codes

    •   Land Use Code:
           o Infrastructure Uses Code
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   •   Works Codes:
         o Driveways and Car Parking Code
         o Earthworks Code
         o Erosion and Sediment Control Code
         o Existing Services Code
         o Landscaping Code
         o Transport, Roads and Drainage Code
         o Waste Management Code
         o Water Sensitive Design Code

   •   Other Codes:
          o Reconfiguring a Lot Code

An assessment against the Specific Outcomes and Probable Solutions of the
above codes is provided in Appendix D – Code Assessment. It is considered that
the proposed changes are generally in accordance with the intent of the Noosa
Plan and applicable codes.




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5. OTHER ENVIRONMENTAL CONSTRAINTS
   AND OPPORTUNITIES

5.1 Environmental areas
5.1.1   The Noosa Plan – Cooroibah Biodiversity Overlay

The proposed access is located within the Cooroibah Biodiversity Overlay (Figure
4), as identified in the Noosa Plan. To minimise the amount of total vegetation
clearing and earthworks proposed, the proposed access to the approved facility
has been relocated to within the adjoining access lot and will aligned within a
new easement. The purpose of shifting the access route to the approved facility
is to utilise the existing waterway crossing for construction and maintenance
vehicle access (Figure 7).




Figure 7: Existing waterway crossing and proposed access to the approved facility looking west from
within the access lot




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The proposed access will no longer require extensive earthworks and vegetation
disturbance within the Riparian Buffer Area under the Noosa Plan nor will it
impact on the waterway identified as being a Type 2 - Moderate Waterway for
waterway barrier works under the Fisheries Act 1994, as proposed for the
previous access within the original approval. The proposed access will effectively
eliminate unnecessary environmental disturbance within the waterway.
Furthermore, only three trees are to be removed. The trees to be removed are
identified in the Easement Survey Plan attached to the Amended Proposal Plans
(Appendix C – Amended Proposal Plans).

A portion of the proposed power route will be installed via trenching (yellow)
along the southern boundary of the subject site (Figure 8). Only minor
earthworks are required to install the power route via the trenching method
within the eastern portion of the subject site. nbn notes that no vegetation
removal is required to establish power installed via the proposed trenching and
that this portion of the power installation is not located within the Riparian Buffer
Area featured in the Cooroibah Biodiversity Overlay (Figure 4).




Figure 8: Proposed power route located on the subject site in relation to proposed access and
easement located on the access lot


Power will then be installed underground via underboring to the approved
facility, avoiding impacts within the Riparian Buffer Area and waterway.
Underboring is a minimal impact trenchless method of installing underground
utilities such as pipe, conduit, or cables in a relatively shallow arc or radius along
a prescribed underground path using a surface-launched drilling rig. No impacts
to existing vegetation will occur from this method of power installation to the
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approved facility. Only minor earthworks will be required to insert the conduit
and cables.

5.1.2    Vegetation Management Act 1999

The Vegetation Management Act 1999 (VM Act) is the legislation that regulates
vegetation management and the clearing of native vegetation in Queensland.
The VM Act, administered by the Department of Natural Resources, Mines and
Energy (DNRME), controls the rules and regulations that guide what clearing can
be done, and how it must be done to meet the requirements of the law.

The approved facility, proposed access and proposed power route are not on
land identified as containing Regulated Vegetation (refer to Appendix E –
Environmental Searches ).




5.1.1    Nature Conservation Act 1992

The Nature Conservation Act 1992 (NC Act) provides for the conservation and
management of nature through two mechanisms:

 •      the declaration and management of protected areas; and

 •   the protection of native wildlife that is not found within a protected area.

The NC Act provides for orders to conserve, protect or manage wildlife, habitat
or areas subject to a threatening process likely to have a significant detrimental
effect.

Part 3 of the Nature Conservation (Wildlife Management) Regulation 2006
outlines exemptions which apply to the clearing of protected plants. The clearing
of ‘least concern’ species are exempt under the NC Act. However, the clearing
of Endangered, Vulnerable or Near Threatened (EVNT) species will require a
clearing permit. Areas identified at ‘high risk’ of containing EVNT species require
a pre-clearing flora survey prior to confirming requirements under the NC Act
(as per Section 265 of the Nature Conservation (Wildlife Management)
Regulation 2006).

The subject site is mapped as being within the DES flora survey trigger mapping
as being within a ‘high risk’ area (refer Appendix E – Environmental Searches). A
Flora Survey was undertaken in April 2017 in accordance with the original
proposal. The survey found that there were no EVNT flora species listed under
the provisions of the NC Act and/or the EPBC Act detected within the clearing
impact area. However, as the impact area has changed from the original
approval and no construction activity has been undertaken within the allocated
approval period of two years, a new flora survey will be undertaken to determine
if the proposal will impact on the conservation of Queensland’s native fauna and
flora.



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5.2 Bushfire hazard
Risk associated with bushfire hazards represents an important consideration for
site access to and from the approved facility. The following design features have
been applied to the proposed access.

   •   The proposed access will provide a faster means of exiting the subject
       site during a bushfire event in comparison to the existing access track
       connecting the approved facility through the subject site. The proposed
       access running through the access lot provides a direct path from the
       approved facility to Jirrima Crescent at an approximate length of 300 m.
   •   The proposed access will be maintained during maintenance visits and
       will act as a firebreak between the approved facility and Jirrima Crescent.


An assessment against the Natural Hazards Overlay Code addressing the
probable solutions related to bushfires is provided in Appendix D.


5.3 Flood Hazard
Risk associated with flood hazards represents an important consideration for site
access to and from the approved facility. The proposed access is only partly
located within the flood hazard area due to a requirement to cross the existing
waterway to reach the approved facility (Figure 5). The proposed access will not
pose an increase to flood risk to people or property from the originally approved
access on the subject site.

An assessment against the Natural Hazards Overlay Code addressing the
probable solutions related to flooding is provided in Appendix D.


5.4 Stormwater catchment
The proposed access is to be upgraded to an all-weather gravel surface to ensure
the safe movement of construction equipment and heavy vehicles during
construction and maintenance visits to the approved facility. The gravel surface
of the proposed access will be semi permeable. It is therefore unlikely that the
proposed secondary access would trigger significant changes to stormwater
quantity or quality.




                                                                                22

Page 23

6. CONCLUSION

The proposed Change Application (other) involving a proposed access to the
approved nbn™ network facility and the proposed power supply route is
considered vital to allow for the construction and ongoing maintenance of the
approved facility.

The proposed access has been designed to lessen the environmental impacts
(including vegetation clearing and earthworks) while ensuring a direct access
point to the approved facility is achieved from Jirrima Crescent. Accordingly, it
is considered that the change in access to the approved facility has ensured a
meaningful improvement to the preservation of the natural waterway and
associated vegetation.

The proposal is also consistent with the relevant codes of the Noosa Plan. It is
considered that the proposed changes will ensure that the approved facility at
Cooroibah can be safely constructed and maintained in the future.

Therefore, we respectfully request that this change (other) application be
recommended for approval.




                                                                               23

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