OPW15/0195 - Delegated Report - Negotiated

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	OPW15/0195
	
Author:	Conor Neville -
	
Project Director:	Kerri Coyle - Manager Plannning and Environment
	

SUMMARY:

APPLICATION DETAILS
Application Number:	OPW15/0195
Applicant:	Body Corp Elandra Settlers Cove Cts37351
Representations Received Date:	03 December 2015
Original Approval Type:	Development Permit for Operational Work Clearing of Native Vegetation under the planning scheme
Number of Submissions for Original Application:	Not applicable – Code Assessment

PROPERTY DETAILS
Division:	
Property Address:	Elandra Settlers Cove 6 Serenity Cl NOOSA HEADS  QLD  4567
RP Description:	SP 188261
Land Area:	7149.0000 Square Metres
Existing Use of Land:	

STATUTORY DETAILS
SEQRP Designation:	
Planning Scheme:	The Noosa Plan (16 September 2013)
Strategic Plan Designation:	
Planning Area / Locality:	No planning area defined
Planning Precinct / Zone:	
Assessment Type:	Code

BACKGROUND:

A Development Permit for Operational Work Clearing of Native Vegetation under the planning scheme was issued on 2 November 2015. The permit authorised the pruning of limbs and roots originating from the covenant area which were in or on the lawn area or were hazardous. The permit also authorised the removal of dead vegetation in the covenant area. The permit did not support the pruning of up to 30% of a Eucalyptus tereticornis (Blue gum) or the pruning of a group of Acronychia trees.

The applicant suspended the appeal period on 19th November 2015 and made representations on 3rd December 2015 to the development approval conditions.  The representations are detailed below but primarily relate to the request to prune up to 30% of a Eucalyptus tereticornis (Blue gum), the pruning of a group of Acronychia trees and the condition which required no other vegetation to be interfered with.

ASSESSMENT:

An assessment in relation to each of the submitted representations is provided below.

Condition 1 - Vegetation permitted to be interfered with.

The vegetation listed in these conditions located in the covenant area A on SP188261 is permitted to be interfered with to the extent described below
Tree 2 (Allocasuarina littoralis /She Oak) southern limb overhanging the lawn area can be removed to a suitable point on the main trunk and the limb disposed off offsite. All works to be in accordance with AS4373-2009 Pruning of Amenity Trees.
Tree 3 (Elaeocarpus obovatus / Hard Quandong) can have root pruning occurring and installation of root barrier wholly located outside of the covenant area. All works to be in accordance with AS4373-2009 Pruning of Amenity Trees.
Tree 4 (Eucalyptus tereticornis / Blue Gum) southern limb overhanging the lawn area can be removed to a suitable point on the main trunk and the limb disposed off offsite. All works to be in accordance with AS4373-2009 Pruning of Amenity Trees.
Tree 5 (Dead Allocasuarina littoralis /She Oak ) and other dead trees may be removed from the covenant area. Root plates are to left in-situ for bank stability.

Applicant’s Representation

The applicant has sought to change the condition to include the pruning of a gum tree (Tree 1 Eucalyptus tereticornis) and a group of Acronychia trees (Tree Group) as per the originating application.

The applicant has provided supporting information from Gondwana Ecology Group stating the pruning of the tree will not have a significant effect on koala populations in the area, the pruning is necessary to provide separation from the building and the tree and to reduce leaf litter build up in the gutters. The applicant states Council has already permitted the removal of a limb of a similar tree in the covenant area and Tree 1 is closer to the building than the approved tree.

Assessment of Representation
Disagree

Tree 1
It is considered reasonable to allow the applicant to prune branches that touch the building however during the period of assessment and representations it was evident the branches were not touching the building (refer Image 1). Therefore the removal of up to 30% of the canopy would be premature in this instance. The other eucalypt tree referred to in the representations had a different growth form with a major limb overhanging and subject to fail in adverse conditions. The Tree 1, the subject of this representation, is well balanced.

Figure 1: Image showing relationship between Elandra building and Tree 1, illustrating separation distance (Image date 21 October 2015).

Tree Group
With relation to the Tree Group, the applicant and the Gondwana Ecology Group states the pruning of the tree group is consistent with Ecological Restoration Plan and Specifications (ERP&S ) as its allows regeneration of ground covers and lower storey beneath the Tree Group. The originating application requested the pruning of the Tree Group to promote lawn growth in the adjacent garden.

It is acknowledged the ERP&S did consider thinning, however this was for dominating regrowth species such as Monotoca, Ricinocarpos. The thinning was conducted during the development stages. The Tree Group was planted as part of the ERP&S restoration program to provide greater plant diversity within the covenant area.

A preferable and more prudent option, in conjunction with weed control, would be to supplement plant with local native ground covers and lower storey vegetation suitable for the extant growing conditions as these species would be more suited to the current conditions and persist into the future as the canopy naturally becomes denser.

The pruning of the tree group for promoting lawn growth or understorey growth is not warranted and not supported.
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Condition 2 – No further clearing permitted

No clearing of vegetation, apart from vegetation identified in condition 1, is permitted to be interfered with.

Applicant’s Representation

The applicant states Condition 2 is contrary to the intent of the original development approval which included the on-going thinning of regrowth in the covenant area to restore the site to a sustainable level of ecological integrity.  The applicant further states the covenant identifies that vegetation can be cut down or trimmed to remove risk.

Assessment of Representation
Agree in Part

Condition 19 of the development approval (23118 DA) provides the requirements for management of the covenant area, previously referred to as “Private Open Space for Conservation and Waterways Protection”.
The area of the site known as the ‘Private Open Space for Conservation & Waterway Protection’ area on Drawing No. 881128/E dated 30 June 2004 shall be:
Managed to protect and reinforce its environmental values, particularly its Koala habitat and corridor values, Glossy Black Cockatoo habitat values, scenic amenity values and water quality protection function.
Managed and maintained in accordance with the approved Environmental Management Plan, Fauna Management Plan, Fire Management Plans and Ecological Restoration Plan.
Separated from adjacent development by a 1.2 m high fence.  The fence shall be ‘fauna-friendly’ but shall deter unauthorized people from entering the area (except for the pathway/boardwalk proposed within Lot 6).  Suitably located lockable gates shall be provided to allow appropriate access by authorised personnel subject to approval by Manager – Land Use.
Have signs placed on the fence to inform people that the ‘Private Open Space for Conservation & Waterways Protection’ area is for conservation and waterways protection purposes and access is prohibited.
Maintained by authorized people only permitted in this area as appointed by the owner responsible for the management and protection of the ‘Private Open Space for Conservation & Waterways Protection’.
Protected from infrastructure, tracks, drainage, water control devices, etc. or other development, other than the approved access to the jetty and the approved shelter for the jetty, shall be permitted in the ‘Private Open Space for Conservation & Waterways Protection’.
Protected so that native trees and vegetation are not removed, pruned, lopped, damaged or otherwise adversely affected without written approval from Council’s Manager – Environmental Services.
The ‘Private Open Space for Conservation & Waterways Protection’ area shall be restored and managed in accordance with the Ecological Restoration Plan and the Fauna Management Plan prior to title being issued for Residential High Density Development for allotments 4 to 9.
Condition 19.7 states written approval is required from Council prior to any interference with vegetation. Condition 19.2 requires the land to be managed in accordance with the approved management plans and condition 19.1 requires the area to be managed for its environmental values, scenic amenity values and water quality protection values. Furthermore condition 19.8 requires the restoration of the area to be completed prior to title being issued. Title has been issued and the restoration of the area, specifically the thinning, has been completed.
The covenant requires the body corporate to obtain written approval from Council for the interference with vegetation.

With relation to this application it is reasonable to include a condition that explicitly states no other interference with vegetation is authorised by the permit other than that stated in the permit. For clarity the condition can be amended to reflect the terms of the covenant and condition 19.7 to state unless written approval is granted by Council.

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Advisory Note 2 – Pruning for lawn growth.

Pruning of vegetation in the covenant area for the purpose maintaining adjacent lawn areas is not supported by the covenant or the biodiversity overlay code

Applicant’s Representation

The applicant has requested this advice note be deleted as they propose an amendment to the condition 1 to allow trimming of Tree Group branches over lawn areas.

Assessment of Representation
Disagree

Retain the advice condition as the applicant has not provided sufficient reason for its omission and the advisory note provides information clarifying the importance of the vegetation in the covenant area with relation to the lawn area.

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Advisory Note 3 – Protection of Koala habitat and food source.

Tree 1 is an active koala food tree with fresh koala scats and scratches evident. Koalas are a listed species under the Nature Conservation Act 1992 and the Environment Protection and Biodiversity Conservation Act 1999 and are listed as Vulnerable species at a state and commonwealth level. Protection of their habitat and food resources is essential for koalas to persist into the future.

Applicant’s Representation

The applicant has asked the advisory note be deleted or clarified as they contend the note suggests the pruning of the Tree 1 would impact on Koala use of the tree. The applicant contests the pruning would not affect koalas.

Assessment of Representation
Disagree

The advice note is factual and highlights the need to protect habitat and food resources of the koala. The advice note should remain unchanged.

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Recommendation

It is recommended that Condition 1 remain unchanged.

It is recommended that Condition 2 be amended as shown below.

No clearing of vegetation, apart from vegetation identified in condition 1, is permitted to be interfered with, unless in accordance with a written approval from Council.
It is recommended that Advisory Notes 2 and 3 remain unchanged.

RECOMMENDATION

AGREE IN PART to the representations submitted in relation to Application No. OPW15/0195, situated at Elandra Settlers Cove 6 Serenity Cl NOOSA HEADS  QLD  4567 , and issue a Negotiated Decision Notice in accordance with the following:-

A.	Refuse to change condition 1 as:
the removal of up to 30% of the canopy of Tree 1 is not warranted as Tree 1 is not touching the building and the request is premature.
The pruning of the tree group for promoting lawn growth or understorey growth is not warranted and not supported by approved management plans.

B.	Approve a change to condition 2 to read as follows:-

No clearing of vegetation, apart from vegetation identified in condition 1, is permitted to be interfered with, unless in accordance with a written approval from Council.

C.	Refuse to change Advisory Notes 2 and 3 as:
The advisory note 2 provides information clarifying the importance of the vegetation in the covenant area with relation to the lawn area
The advice note 3 is factual and highlights the need to protect habitat and food resources of the koala.

REPORT COVER SHEET
PLANNING ASSESSMENT BRANCH

Application no:	OPW15/0195
	
Author:	Conor Neville
	
manager:	Kerri Coyle
	

TO BE COMPLETED BY MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	No
Has a site inspection been undertaken?:	Yes
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

OFFICER	MANAGER

Signature:	Signature:
	
Position:  Environment Officer	Position:  Manager Plannning and Environment
	
Date:10/02/2016	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
MANAGE	

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