Minor Change Report 132002.220285.9

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Ecologist, Conor Neville
Development Assessment

APPLICATION DETAILS
Application No.	132002.220285.9 132002.220285.9
Development Approval	Minor Change (Bushfire Management) to a Material Change of Use of Premises - Shire Business Centre - Stage 1
Applicant	Stockwell Funds Management Pty Ltd Tte
Request Received On	16 September 2019

PROPERTY DETAILS
Property Address	Eenie Creek Rd Noosaville Qld 4566
RP Description	Lot 2 SP 110885
Land Area	26 Hectares
Existing Use of Land	Noosa Civic Shopping Centre and Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Shire Business Centre
Overlays	Biodiversity, Natural Hazards
Assessment Type	Minor Change to Development Approval – Change to Bushfire Management Plan.

PROPOSAL
The applicant seeks approval to change to an existing development approval, by seeking approval of an updated Bushfire Management Plan. The updated Bushfire Management Plan provides recommendations for additional clearing when compared with the current approved Bushfire Management Plan. The additional clearing occurred in September 2019, during the height of the active bushfire season which impacted on the areas in and around Peregian. The applicant described the clearing as “essential” due to the “emergency” bushfire situation occurring at the time and lodged a formal application to retrospectively approve the September 2019 additional clearing not previously approved. The period between September 2019 and December 2019 in Noosa was recognised by the State and Commonwealth for disaster recovery funding for bushfire events.
background
The site is subject to a number of development approvals. The applicant provides further details in this regard in a previous application and states:
“The original development approval for Shire Business Centre – Stage 1 (Noosa Civic Stage One) comprises a Negotiated Decision Notice issued by Noosa Shire Council on 14 August 2003 (approval number “22803 DA”). This approval was subject to a court judgement dated 15 May 2004.
The development approval is for stage one of the Noosa Civic Centre which opened in 2006 and includes a range of uses over the site with conditions regarding uses, infrastructure and car parking. The original application was subject to Impact Assessment and required referral to the Department of Main Roads and the Department of Natural Resources and Mines as advice agencies, and the Environmental Protection Agency (devolved to Noosa Council) as a concurrence agency.”
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Biodiversity Overlay Code
Natural Hazards Overlay Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the proposal is to amend their Bushfire Management Plan;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
Statutory Instruments – Planning Scheme
The site is mapped as containing vegetation classified as Environmental Enhancement under the Noosa Plan and mapped as a Bushfire Hazard Area containing vegetation with Very High Potential Bushfire Intensity, High Potential Bushfire Intensity and Potential Impact Buffer.
Previously, in January 2019, Council approved a change to the Bushfire Management Plan and endorsed Review of Bushfire Situation at Noosa Civic for Q.I.C. prepared by The Consultancy Bureau dated June 2018.

Condition 74
Bushfire Management Plan (BMP)
The FMP prepared by Les Hawkes of the Consultancy Bureau, dated March 2003, and forming part of the application is endorsed as the draft BMP. However a revised BMP is to be prepared that documents, inter alia, the following matters:
expected behaviour of bushfires;
fire hazard management actions and risk minimisation strategies;
access for firefighters;
fuel load management in all bushland and open space areas;
how ecological values, habitat values and the visual and amenity values of the vegetation will be retained/protected;
required firebreaks, fire trails, access points and fire hydrants, etc. in bushland and open space areas;
maintenance requirement for the above infrastructure;
how bushfires will be prevented from spreading into adjacent areas, including the Noosa National Park;
coordination with other relevant organizations and agencies;
specific implementation procedures and responsibilities.
the amended position of the western fire break to avoid vegetation protected within OS5.
Applicant’s Request
The applicant has provided a revised updated Bushfire Management Plan, fauna management report, and a licenced survey certification of clearing plan.
The clearing set plan is as shown below.

Figure 1: Clearing Plan.

Prior to the September 2019 clearing the extent of vegetation was as shown below.

Figure 2: Aerial image of Shire Business Centre pre-September 2019.

Figure 3: Aerial image of Shire Business Centre post-September 2019 after the clearing.

The applicant’s bushfire consultant recommended the following actions:
Ensure all existing tracks are open.
Establish a 20 metre cleared firebreak with access around the southern section from the end of Hofmann Drive to Walter Hay Drive.
Establish a 10 metre separation from Covenant J.
Review the fuel loads in Covenant J and remove any dead, dying or dangerous trees and ground fuels.
Confirm 20 metres of clearing for access between Hofmann Drive and Walter Hay Drive.
Confirm 10 metres of cleared access for the loop road in Lots 3 and 7.
Establish a 20 metre separation from the National Park along the northern boundary of Lots 23, 24 and 25.
Assessment of Request
Council engaged an external consultant to review the works and recommendations of the applicant’s report and noted the following points:
Agreed with ensuring all existing tracks were maintained and open
Agreed with the separation distance between the bushland and the vegetation in Covenant J
Disagreed with the 20m wide recommendations to Hofmann Drive and Walter Hay Drive, with a recommendation of 10m
Disagreed with the 20m wide clearing to the National Park and stated 10m is more appropriate as there is no infrastructure to protect.
Disagreed with the 20m wide clearing to the southern lot boundary and states 10m is more appropriate.
In December 2019, the Planning Regulations were amended to exempt clearing for bushfire up 10m for tracks and clearing of 1.5 times the height of vegetation adjacent infrastructure (not a fence or road) or 20m whichever is greater. While these changes occurred after the clearing it is important to note the changes are a direct response to increasing bushfire risk associated with climate change, with reduced seasonal windows for fuel load reductions through cool burns and increased seasonal windows for extreme bushfire weather.
Clearing has occurred in an area designated as Open Space 1 (Environmental) in the Schedule 4 of the Planning Scheme, as outlined below. Open Space 1 provides a buffer between the National Park and future uses of the land. It should be note Open Space 1 also contains high voltage power lines which occupy the eastern portion of the land and is covered by an easement.

Figure 4: Schedule 4 Shire Business Centre
Council has settled an appeal regarding the reconfiguration of the remaining portion of the shire business centre and most of the clearing follows recommended roads, lot layouts and emergency access. The outstanding clearing matter primarily relates to the area highlighted in figure 4 which is deemed to be excessive. Council’s bushfire expert agrees a clearing could occur along the northern boundary but should have been limited to 10m instead of 20m. The contemporary changes to the planning regulations only support a 10m wide track. However in settling the appeal (765 of 2020) Council agreed to include the 20m wide clearing to the northern portion of Lot 23 in the approved bushfire setback area.
The new Noosa Plan 2020 designates the northern section of Open Space 1 as Green Space/Recreation Open Space in the Framework and Character Plan.

cONSULTATION
Other Referrals
The application was forwarded to the following Council specialists:
Rob Friend and Associates
Their assessment is included in this report
conclusion & reasons for decision
Council’s bushfire expert agrees a clearing could occur along the northern boundary in Open Space 1 (shown as Lot 23 on the recent plan of subdivision RAL18/0023) but should have been limited to 10m instead of 20m.
The submitted change to the Bushfire Management Plan can be supported, as in settling the appeal (765 of 2020) Council agreed to include the 20m wide clearing to the northern portion of Lot 23 in the approved bushfire setback area.
RECOMMENDATION
With regard to Application No. 132002.220285.9 132002.220285.9, to make a minor change to an existing approval for Material Change of Use situated at Eenie Creek Rd Noosaville Qld 4566  described as Lot 2 SP 110885, Council on 6 July 2021 decided to:
A.	Approve the change.
B.	Amend conditions 74 to read as follows:
Condition 74
Bushfire Management Plan (BMP)
The “Review of Essential Urgent Bushfire Management At Noosa Civic” prepared by Les Hawkes of the Consultancy Bureau, dated September 2019, and forming part of the application is endorsed as the approved BMP.

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Noosa Civic, Noosavile

‘Stockwell Development

Group Pty Lid