AS PUBLISHED Negotiated Report (Representations made) MCU23 0094 · MCU23/0094

               Applicant’s Representation
               The applicant requests deletion of the condition as revised plans are provided with appropriate
               screening device detailed.
               Assessment of Representation
               Revised plans provided on 12 April 2024 have appropriately addressed the above condition.
               However the condition is recommended to be retained as it will ensure that overlooking is able to
               be appropriately reviewed during and after construction.
               Deletion of the condition is not supported


               Fauna Management
               Condition 30 of the Material Change of Use Development Permit
               30.    Vegetation must only be removed or disturbed in accordance with a Fauna Management
                      Plan (or part thereof) prepared by a qualified person* and endorsed through an Operational
                      Works approval. *(Refer to Advisory Note)
               Applicant’s Representation
               The applicant requests deletion of the condition for the following reason:
               The vegetation surrounding the house has been removed as part of the demolition approvals. The
               site is not covered by a Biodiversity overlay and is in the middle of the built environment – with the
               risk to fauna therefore minimal and is an unreasonable imposition on the development.
               Assessment of Representation
               Clearing has been undertaken in association with the demolition and removal of the housing on
               the site. While the Demolition Permit did not authorise vegetation clearing, the clearing undertaken
               achieves compliance with exempted clearing provisions of the Noosa Plan 2020. While clearing
               has been undertaken separate to the subject development permits, this does not negate the need
               for a Fauna Management Plan to be provided. Council’s Senior Environmental Officer submits:
               Works along the eastern boundary (sewer, stormwater, and retaining) have the potential to impact
               on trees within the neighbouring properties. The arborist has been conditioned to undertake a risk
               assessment of these trees and carry out hazard pruning or removal where required.
               Removal of the fauna management condition is not supported due to vegetation removal still
               required along the eastern boundary and within the neighbouring properties.
               A fauna management plan is required to be submitted prior to the pre-start that addresses fauna
               management during the clearing works.
               The applicant’s representation is not supported. The condition is to be retained.


               Pedestrian and Bicycle Facilities
               Condition 41 of the Material Change of Use Development Permit
               41.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a. a 3 metre wide footpath within the road verge for the entire length of the site’s frontage to
                      Eumundi Noosa Road; b. the resealing of the existing asphalt path fronting the development.
                      Condition 41 is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
                      infrastructure identified by Council’s LGIP to service the development.
               Applicant’s Representation
               The applicant requests deletion of the condition as detailed below:



                                                                                                        Page 9 of 25

Document Set ID: 22926712
Version: 8, Version Date: 13/05/2024