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08/0176 - EPA Advice concerning application [As Published] · 132008.176

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| Queensland
* Government

>

 

 

 

 

Enquiries Dr Anne Both}
Telephone (07) 3225 581 _ —. —— —
Your reference 208/175 and 2X Environmental Protection Agency
Our reference Project ref no 32:
incorporating the
Queensland Parks and Wildlife Service
17 October 2008
Mr Shane Adamson Ce CBD Settlers Cove Pty Ltd
Manager- Land Use C/- Martoo Consulting Pty Ltd
Noosa Council PO Box 1684

PO Box 141 NOOSA HEADS QLD 4567
TEWANTIN QLD 4565 .

Dear Mr Adamson

Advice Concerning Applications for Development at 1 Serenity Cove ', Noosa Heads,
Qld 4567 (Part of Lot 603 on Plan SP188270, being proposed Lots 10 & 11, and proposed
Lot 9, Parish of Weyba, Sunshine Coast Regional Council).

Nadine Gorton, on behalf of Martoo Consulting Pty Ltd, contacted the Environmental Protection
Agency yesterday identifying a number of minor errors within the notices provided. Revised
. notices have been attached. .

As you would be aware, the EPA role is limited to a third party advice agency under the
‘Integrated Planning Act 1997 and these comments were provided only to aid Council in its
development assessment role.

Where Council considers that the proposed development adequately addresses the objectives of
the Environmental Protection Act and the requirements of the SEQ Regional Plan, the EPA
would have no further issues.

If you have any questions regarding EPA interests please contact Anne Bothwell on (07) 3225
5817,

Yours sincerely

hn Harden
anager

SEQ Natural and Cultural Services

H:\Planning\SEQ Local Gov\Sunshine Coast Regional Council\Development Applications\2008\Noosa\324907_LetterRe_revised Advice for 2 MCUs.doc
Page 1 of 1 288 Edward Street Brisbane
Queensland 4000 Australia
PO Box 2771 Brisbane
Queensland 4001 Australia

Telephone 3225 8817
Facsimile 3223 83514
Website www.epa.qid.gov.au
ABN 87 221 158 786

Printed on 100% recycled paper
Full text of the other 8 pages

Page 2

Notice

 

Advice Agency Response — Wetlands

 

This notice is issued by the Environmentat Protection Agency pursuant to section 3.3.19 of the integrated Planning Act 1997.

Mr Shane Adamson cc:' CBD Settlers Cove Pty Ltd

Manager - Land Use - C/- CARE Marloo Consulting Pty Ltd
Noosa Council : PO Box 1684

PO Box 141 NOOSA HEADS QLD 4567

TEWANTIN QLD 4565

Your reference : 2008/176
Our reference: Project Ref 324907; File STH7564

Attention: Denis Wallace

Dear Mr Adamson

Re: Advice concerning application for development at 1 Serenity Cove, Noosa Heads, Qld 4567
(Part of Lot 603 on Plan SP188270, being proposed lots 10 & 11, Parish Weyba, Sunshine
Coast Regional Council). Please treat this response as a properly made submission

 

EPA referral number: IPAR01035008

Response type: Advice Agency Response

Date application received by EPA: 2 May 2008

ADVICE AGENCY : Sf i t
JURISDICTION: Item 20 of Table 3 of Schedule 2 of the Integrated Planning Regulation 1998.

 

ASSESSMENT MANAGER 17
REFERENCE NUMBER: 2008/176

 

APPLICANT: CBD Settlers Cove Pty Ltd

 

Materia! Change of Use for a lot for the purpose of Accommodation Building and
ACTIVITY DESCRIPTION: Multiple Dwelling (109) units providing for a five star resort hotel and ancillary
facilities ,

 

 

 

 

 

 

Page 1 of 4 071009

Environmental Protection Agency Queensland Government
www.epa.qid.gov.au ABN 87 221 158 786 Environmental Protection Agency

Queensland Parks and Wildlife Service

Page 3

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environmental licences and permits , A
Notice
Advice Agency Response ¥

 

1 Serenity Cove, Noosa Heads, Q. 4567

Lot: 603 Plan: SP188270

DESCRIPTION OF
SUBJECT LAND:

 

(Being proposed lots 10 & 11 of the proposed subdivision of the site granted by
Council under 23118 DA)

 

 

 

 

Response to Development Application

The EPA, acting as an advice agency under the /ntegrated Planning Act 1997, provides the following advice to
the application as detailed above.

EPA advice

Comments, Issues of Conern, & Biodiversity Values Associated with the Site

Real Property description ,
The EPA recognises that the application refers to proposed Lot 10 and 11, being portions of Lot 603 for which
Council granted subdivision under 23118 DA.

Biodiversity values

The report accompanying the application relates (page 6) that:

e The site has been partially cleared; .

e Vegetation currently comprises scattered Eucalyptus and Banksia with a predominance of Allocasuarina,
Callitris and Acacia species; and

« Much of the vegetation has re-grown following previouos clearing operations, with some remnant trees
remaining towards the edges.

The site is identified by the EPA biodiversity planning assessment as containing remnants of EPA referrable
wetlands, and having EPA referrable wetlands immediately to the south. Those wetlands adjacent to the site are
apparently identified by the Settlers Cove Master Plan provided on internet at www. settlerscove.com.au as
associated with a proposd wetland-waterbody in that location.

The EPA's biodiversity assessment (BPA) identifies areas of remnant vegetation on Lot 603 of Plan SP88287:

e Containing highly significant biodiversity and environmental values;

« Being surrounded to the north (viz. Noosa River) and west (viz. Weyba Creek) by sensitive environments of
highly significant environmental values;

* Comprising part of a State significance (wildlife) corridor with linkages via remnant vegetation of State
significance to Noosa National Park (in a north-east and south east direction), to Keyser Island
Conservation Park and Webyer Creek Conservation Park (in a south western direction), and to other
patches of significant remnant vegeation and habitat to the west along Noosa River;

« Comprising part of a riparian corridor associated with Noosa River;

Comprising significat wetlands (with 51-80% of the regional ecosystem being wetland) and habitat for rare
and threatened species; and ‘

e Containing urban koala area.

The development and its impacts on the neighbouring wetlands and any remaining on site needs to be
consistent with the objective of the Environmental Protection Act 1994 and so protect Queensland's

 

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Advice Agency Response

 

environment while allowing for development that improves the total quality of life, both now and in the future, in

a way that maintains the ecological processes on which life depends (ecologically sustainable development). In

this instance it indicates:

* Need to maintain ecological values of the wetlands by ensuring there is no loss of wetland habitat and
adverse impacts from development are avoided. If loss to the wetlands or adverse impacts are unavoidable,
loss and impacts are to be minimised and offset so there is no net loss of the impacted wetland values; and

¢ The water quality of any waters in and linked to the wetlands is maintained and managed to protect the
environmental values of the wetlands; and

e The existing water regime within and linked to the wetlands is maintained and managed to protect existing

natural hydrological processes with the wetland ecosystem -

. i, ts wow rr

The wetlands and any waterbody within wetlands adjacent proposed lo lots 10 and 11 should be considered
carefully within the management of stormwater and sediment runoff from the proposed development.

SEQ Regional Plan 2005-2026

Policies of the SEQ Regional Plan 2005-2026 of particular relevance to the proposed development include:

e 2.1.1 - Protect, manage and enhance the region's nature conservation and biodiversity values and
supporting ecological processes, including areas of state, regional and local biodiverstiy significance;

e 2..1.4 - Avioid or mitigate potential adverse impacts in areas of state or regional biodiversity significance
inside the Urban Footprint, having regard to the development intent for the land in focal governmebnt
planning schemes and associated planning instruments;

* 2.2.4 - Ensure development in Urban Koala area includes measures to assist koala survival, having
regards to the planning intents and requirements set out in structure plans and planning schemes;

* 2.4.1 - Locate, design and manage coastal development to avoid or mitigate adverse efrfects on coastal
resources and ecologically sensitive coastal areas,

e 2.5.3 - Avoid clearing native vegetation or development within a waterway, wetland, riparian area or
floodplain, and where unavoidable mitigate adverse impacts through best practice design, rehabilitation and
management.

Stormwater Mangement & Sediment Control

The proposed Stormwater Management Plan should ensure that projected water quality criteria consistent with

the Environmental Protection (Water) Policy 1997 are met during both the construction and operational phases.

Preferably a stormwater management plan should:

e Be developed by a suitably qualified engineer;

« Demonstrate how the environmental values and water quality of onsite and adjacent water bodies will be
protected;

¢ Demonstrate full application of water sensitive urban design principles; and

e ' Show the stormwater treatment train and any discharge point(s) and receiving areas for treated stormwater.
Stormwater discharge quality should comply with the Environmental Protection (Water) Policy 1997 and
meet the objectives of the Queensland Water Quality Guidelines 2006.

General Comment
The proposed intensity/scale of development appears to exceed that prescribed by the supersceded planning
scheme.

Recommendation
The applicant be required to:

« Demonstrate compliance with the ojective of the Environmental Protection Act and its implications as
outlined above; and

« Demonstrate consistency with the SEQ Regional Plan and its policies as outlined above.

 

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Advice Agency Response

Additional information for applicants

It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware that a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within thirty
(30) days after becoming aware the activity is being carried out, give notice to the Environmental Protection
Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994.

4

Yours sincerely

a <a 1 oetebe Loo (

 

 

 

 

 

Signature * Date

Enquiries:

Dr Anne Bothwell

Senior Planning Officer

‘SEQ Natural & Cultural Services
Environmental Services, EPA

GPO Box 2771, BRISBANE QLD 4001
Telephone: (07) 3225 8817

Facsimile: (07) 3238 3514

John Harden

A/Manager, SEQ Natural & Cultura! Services
Environmental Services

Delegate for :

Southern Region, EPA

 

Page 4 of 4 + 071009 Environmental Protection Agency

a
s

Page 6

Notice

 

Advice Agency Response — Wetlands

 

This notice is issued by the Environmental Protection Agency pursuant to section 3.3.19 of the Integrated Planning Act 1997.

Mr Shane Adamson ce: CBD Settlers Cove Pty Ltd

Manager - Land Use C/- CARE Marloo Consulting Pty Ltd
Noosa Council PO Box 1684

PO Box 141 , NOOSA HEADS QLD 4567

TEWANTIN QLD 4565

Your reference : 2008/175
Our reference : Project Ref 324907; File STH7565

Attention: Denis Wallace

Dear Mr Adamson

Re: Advice concerning application for development at 1 Serenity Cove, Noosa Heads, Qld 4567
(Part of Lot 603 on Plan $P188270, being proposed Lot 9, Parish Weyba, Sunshine Coast
Regional Council). Please treat this response as a properly made submission

 

EPA referral number: IPAR0O1035508

Response type: Advice Agency Response

Date application received by EPA: 2 May 2008

ADVICE AGENCY i i
IURISDICTION: Item 20 of Table 3 of Schedule 2 of the Integrated Planning Regulation 1998.

 

ASSESSMENT MANAGER 17
REFERENCE NUMBER: 2008/175

 

APPLICANT: CBD Settlers Cove Pty Ltd

 

ACTIVITY DESCRIPTION: Material Change of Use for a lot for the purpose of multiple dwelling (22 units)

 

 

 

 

 

Page 1 of 4 + 071009

Environmental Protection Agency Queensland Government
www.epa.qid.gov.au ABN 87 221158786. Environmental Protection Agency
. Queensland Parks and Wildlife Service

Page 7

ecoaccess 4

environmental licences and permits
Notice
Advice Agency Responsé

 

 

1 Serenity Cove, Noosa Heads, Q. 4567

Co

DESCRIPTION OF

 

 

 

 

 

SUBJECT LAND:
Lot: 603 Plan: SP188270
(Being proposed Lot 9 on Lot 4 SP100064 on reconfiguration under Council
granted subdivision under 23119 DA]
Response to Development Application —— - a

The EPA, acting as an advice agency under the Integrated Planning Act 1997, provides the following advice to
the application as detailed above.

EPA advice
Comments, Issues of Conern, & Biodiversity Values Associated with the Site

Real Property description
The EPA recognises that the application refers to proposed Lot 9 within Lot 4 on Plan SP100064, i.e. a portion
of Lot 603 derrived through reconfiguration of a lot approved under Development Approval 23119,

Biodiversity values - :
The report accompanying the application relates (page 6) that the site has been largely cleared, and provides
photographic evidence of this.

The site is identified by the EPA biodiversity planning assessment as having palastrine, EPA referrable wetlands
immediately to the west and south, and these wetlands are identified by the Settlers Cove Master Plan provided
on internet at www. settlerscove.com.au as associated with a conservation park.

The EPA's biodiversity assessment (BPA) identifies areas ‘of remnant vegetation on Lot 603 of Plan SP88287:

« Containing highly significant biodiversity and environmental values;

« Being surrounded to the north (viz. Noosa River) and west (viz. Weyba Creek) by sensitive environments of
highly significant environmental values;

« Comprising part of a State significance (wildlifé) corridor with linkages via remnant vegetation of State
significance to Noosa National Park (in a north-east and south east direction), to Keyser Island
Conservation Park and Webyer Creek Conservation Park (in a south western direction), and to other
patches of significant remnant vegeation and habitat to the west along Noosa River; :

« Comprising part of a riparian corridor associated with Noosa River;

Comprising significat wetlands and habitat for rare and threatened species; and
¢ Containing urban koala area and/or koala conservation area.

The development and its impacts on the neighbouring wetlands needs to be consistent with the objective of the

Environmental Protection Act 1994 and so protect Queensland's environment while allowing for development

that improves the total quality of life, both now and in the future, in a way that maintains the ecological

processes on which life depends (ecologically sustainable development). In this instance it indicates:

* Need to maintain écological values of the wetlands by ensuring there is no loss of wetland habitat and
adverse impacts from development are avoided. If loss to the wetlands or adverse impacts are unavoidable,
loss and impacts are to be minimised and offset so there is no net loss of the impacted wetland values; and

 

Page 2 of 4 + 071009 Environmental Protection Agency

»

”

'

Page 8

we

Pod

- ecoaccess

environmental licences and permits
. Notice

Advice Agency Response

 

 

e The water quality of any waters in and linked to the wetlands is maintained and managed to protect the
environmental values of the wetlands; and

¢ The existing water regime within and linked to the wetlands is maintained and managed to protect existing
natural hydrological processes with the wetland ecosystem

SEQ Regional Plan 2005-2026

Policies of the SEQ Regional Plan 2005-2026 of particular relevance to the proposed development include:

e 2.4.1 - Protect, manage and enhance the region’s nature conservation and biodiversity values and
supporting ecological processes, including areas of state, regional and local biodiverstiy significance;

e 2..4.4 - Avioid or mitigate potential adverse impacts in areas of state or regional biodiversity significance of
inside the Urban Footprint, having regard to the development intent for the land in local governmebnt
planning schemes and associated planning instruments;

¢ 2.2.4 - Ensure development in Urban Koala area includes measures to assist koala survival, having
regards to the planning intents and requirements set out in structure plans and planning schemes;

¢ 2.4.1 - Locate, design and manage coastal development to avoid or mitigate adverse efrfects on coastal
resources and ecologically sensitive coastal areas;

e 2.5.3 - Avoid clearing native vegetation or development within a waterway, wetland, riparian area or
floodplain, and where unavoidable mitigate adverse impacts through best practice design, rehabilitation and
management.

General Comment

The proposed intensity/scale of development appears to exceed that prescribed by the supersceded planning

scheme.

Recommendation

The applicant be required to:

e Demonstrate compliance with the ojective of the Environmental Protection Act and its implications as
outlined above; and

« Demonstrate consistency with the SEQ Regional Plan and its policies as outlined above.

Additional information for applicants

_Itis a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes

aware that a.Notifiable Activity (as. defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this land or that the land has been affected by a hazardous contaminant, they must, within thirty
(30) days after becoming aware the activity is being carried out, give notice to the Environmental Protection
Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection Act 1994.

Yours sincerely

 

 

 

 

 

 

AC bh__— 17 Octebur 20S .
G

Signature Date

 

Page 3 of 4 «071009 Environmental Protection Agency

Page 9

ecoaccess

environmental licences and permits

John Harden

A/Manager, SEQ Natural & Cultural Services
Environmental Services

Delegate for

Southern Region, EPA

1

Notice
Advice Agency Responsé

Enquiries:

Dr Anne Bothwell

Senior Planning Officer

SEQ Natural & Cultural Services
Environmental Services, EPA

GPO 2771, BRISBANE QLD 4001
Telephone: (07) 3225 8817
Facsimile: (07) 3238 3514

 

Page 4 of 4 - 071009

Environmental Protection Agency

S

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