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1911-14440 SPD - Changed referral agency response minor change to development approval
Attached to the e-mail SARA Response - 152006.1999.4.
RE6-N
Changed referral agency response
Our reference: 1911-14440 SPD
Referral agency response—with conditions
(Given under section 56 of the Planning Act 2016)
Date of original response: 5 July 2013 (Appeal 344 of 2009)
Original reference: DNRM - 2006/012181
EPA – MCY1951_BNE29922
The development application described below was properly referred to the Department of Natural
Resources and Mines on 6 November 2006 and the Environmental Protection Agency on 8 February
2007.
Applicant details
Applicant name: John Hofmann
Applicant contact details: C/- JFP
55 Plaza Parade
Maroochydore QLD 4558
Location details
Street address: 191 Hollett Road, Noosaville
Real property description: Lot 53 on SP163571
Local government area Noosa Shire Council
Application details
Development permit Reconfiguring a lot (40 lots and park)
Referral triggers
The development application was referred to the department under the following provisions of the
Planning Regulation 2017:
Trigger Description Technical agency
Schedule 10, Part Development application for reconfiguring a lot that Department of Environment
17, Division 3, is assessable development under section 28, if— and Science (formally the
Table 5 (10.17.3.5) (a) all or part of the lot is within a coastal Environmental Protection
management district and the reconfiguration Agency)
involves—
(i) moving a boundary of the lot that is within an
erosion prone area; or
(ii) moving a boundary of the lot into, or within 30m
South East Queensland (North) regional
office
Mike Ahern Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 5 PO Box 1129, Maroochydore QLD 4558
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Page 2
1911-14440 SPD
Trigger Description Technical agency
of, an erosion prone area; or
(iii) creating a new lot that has a boundary within, or
within 30m of, an erosion prone area.
Schedule 10, Part Development application for reconfiguring a lot that Department of Natural
3, Division 4, is assessable development under section 21, if- Resources, Mines and
Subdivision 2, (a) a lot that the application relates to is 5ha or Energy (formally the
Table 1 (10.3.4.2.1)
larger; and Department of Natural
(b) the size of any lot created is 25ha or less; and Resources and Mines)
(c) either-
(i) the reconfiguration involves operational work that
is assessable development under section 5, other
than operational work that is only the clearing of
regulated regrowth vegetation; or
(ii) on any lot created, accepted operational work,
other than operational work that is only the clearing
of regulated regrowth vegetation, may be carried
out.
Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.
Reasons for decision to impose conditions
The department must set out the reasons for the decision to impose conditions. These reasons are set
out in Attachment 2.
Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.
Drawing/report title Prepared by Date Reference no. Version/issue
Aspect of development: Reconfiguring a lot
Proposal Plan Jones Flint & Pike 26 March M1775-13 Revision F
2020
Referral Agency Response Environmental 12 December RARP2008/00 Sheet 1 of 2
(Vegetation) Plan Protection Agency 2012 8142
Enc. Attachment 1—Changed conditions to be imposed
Attachment 2—Changed reasons for decision to impose conditions
Approved plans and specifications
Department of State Development, Manufacturing, Infrastructure and Planning Page 2 of 5
Page 3
1911-14440 SPD
Attachment 1—Changed conditions to be imposed
No. Conditions of development approval Condition timing
Reconfiguring a lot
Schedule 10, Part 17, Division 3, Table 5 —The chief executive administering the Planning Act
2016 nominates the Director-General of the Department of Environment and Science to be the
enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following condition(s):
1. The works must be undertaken in accordance with the plan listed below.
Proposal Plan M1775-02C13 Revision F prepared by Jones Flint & Pike dated 21
September 200726 March 2020.
Schedule 10, Part 3, Division 4, Subdivision 2, Table 1 —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of Natural Resource, Mines
and Energy to be the enforcement authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the following
condition(s):
2. Clearing of native vegetation must not occur on the land within the area shown as Area A
(A1, A2, A3, A4, A5, A6) on Referral Agency Response (Vegetation) Plan
RARP2006/012181 RARP2008/008142, unless the clearing is-
by fire under the Fire and Rescue Emergency Services Act 1990 to reduce
hazardous fuel loads or an activity under the Fire and Rescue Emergency Services
Act 1990, section 53, 68 or 69; or
where it is necessary to remove or reduce the imminent risk that the vegetation
poses to serious personal injury or damage to property; or
io establish stormwater drainage infrastructure within previously cleared areas; or
in accordance with conditions on a concurrence agency response issued by the
chief executive administering the Vegetation Management Act 1999 for a
development approval; or
in accordance with conditions on a development approval where the chief executive
administering the Vegetation Management Act 1999 is assessment manager for
operational works that is the clearing of native vegetation.
3. New infrastructure must not be located in Area A (A1, A2, A3, A4, A5, A6) on Referral
Agency response (Vegetation) Plan RARP2006/012181 RARP2008/008142, unless the
infrastructure is:
stormwater drainage infrastructure located within previously cleared areas: or
in accordance with conditions on a concurrence agency response issued by the
chief executive administering the Vegetation Management Act 1999 for a
development approval; or
in accordance with conditions on a development approval where the chief executive
administering the Vegetation Management Act 1999 is assessment manager for
operational works that is the clearing of native vegetation.
4. New infrastructure must not be located in Area B (81, 81, 82, 83) on Referral Agency
Response (Vegetation) Plan RARP2006/012181 RARP2008/008142, unless the
infrastructure is:
Department of State Development, Manufacturing, Infrastructure and Planning Page 3 of 5
Page 4
1911-14440 SPD
No. Conditions of development approval Condition timing
for a fire management line, firebreak, fence, road, driveway, stormwater drainage
infrastructure, effluent disposal area, underground services; or
in accordance with conditions on a concurrence agency response issued by the
chief executive administering the Vegetation Management Act 1999 for a
development approval; or
in accordance with conditions on a development approval where the chief executive
administering the Vegetation Management Act 1999 is assessment manager for
operational works that is the clearing of native vegetation.
Department of State Development, Manufacturing, Infrastructure and Planning Page 4 of 5
Page 5
1911-14440 SPD
Attachment 2—Changed reasons for decision to impose conditions
The reasons for the decision are:
Lot 53 on SP163571 supports areas of mapped remnant vegetation shown on the certified Regional
Ecosystem Map. The clearing of vegetation within these areas is regulated by DNRM under the
authority of the Vegetation Management Act 1999.
DNRM has assessed the application against the NRM Concurrence Agency Policy for Reconfiguring
a Lot 27 June 2005, and has given weight to more recent policies such as the Concurrence Agency
Policy for Reconfiguring a Lot (RaL) 21 October 2009 and determined that the application satisfies
the requirements of Criteria Table A within the most recent RaL Policy and Part P of the Regional
Vegetation Management Code for Southeast Queensland Bioregion - version 2, 6 November 2009
(RVM Code) with conditions.
The department has assessed the minor change application against the performance
outcomes of State code 16: Native vegetation clearing (State code 16) of the State
Development Assessment Provisions, Version 2.6 and consider that the proposed changed
development is consistent with the requirements of State code 16 subject to appropriate
conditions which are necessary to ensure that:
o assessable vegetation associated with natural wetlands and watercourses are protected to
maintain water quality and habitat
o the current extent of the of concern regional ecosystems and endangered regional
ecosystems are maintained
o areas of remnant vegetation are retained to maintain ecosystem functioning, remain in the
landscape despite threatening processes and maintain connectivity to adjacent properties
o the current extent of essential habitat is maintained.
o DNRM has directed the assessment manager to include conditions in any development
approval given for the application to ensure that any development approval remains consistent
with the Ral Policy.
The department has assessed the minor change application against the performance
outcomes of State code 8: Coastal development and tidal works (State code 8) of the State
Development Assessment Provisions, Version 2.6 and consider that the proposed changed
development is consistent with the requirements of State code 8.
Evidence or other material on which the findings were based
development application
State Development Assessment Provisions published by the Department of State
Development, Manufacturing, Infrastructure and Planning
Planning Act 2016
Planning Regulation 2017
Development Assessment Mapping System (DAMS)
Department of State Development, Manufacturing, Infrastructure and Planning Page 5 of 5