2008-18218 SRA Response with conditions RaL20-0012

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                                        Table 1 (Planning Regulation 2017) - Development interfering with
                                        koala habitat in koala habitat areas outside koala priority areas

                                        Clearing native vegetation - Schedule 10, Part 3, Division 4, Table 2,
                                        Item 1 (Planning Regulation 2017) - Development application
                                        reconfiguring a lot that is assessable development under Section 21

SARA reference:                         2008-18281 SRA
Assessment Manager:                     Noosa Shire Council
Street address:                         352 Eastern Branch Road and 103 Williams Road, Kin Kin
Real property description:              Lot 1 on GTP105806 and Lot 2 on GTP105806
Applicant name:                         Geoff Black
Applicant contact details:               C/- Max Waterson & Associates
                                         PO Box 639
                                         Cooroy QLD 4563
                                         [email protected]


Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Luke Farrelly, Planning Officer, on (07) 5352 9774 or via email
[email protected] who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager (Planning)

cc      Geoff Black, [email protected]

enc     Attachment 1 - Referral agency conditions
        Attachment 2 - Advice to the applicant
        Attachment 3 - Reasons for referral agency response
        Attachment 4 - Representations provisions
        Attachment 5 - Approved plans and specifications




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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)


 No.     Conditions                                                                     Condition timing
 Reconfiguring a lot
 Schedule 10, Part 3, Division 4, Table 2, Item 1 —Development application reconfiguring a lot that is
 assessable development under Section 21 — The chief executive administering the Planning Act 2016
 nominates the Director-General of the Department of Natural Resources, Mines and Energy (DNRME)
 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 conditions:
 1.      The clearing of vegetation under this development approval is limited          At all times
         to the areas identified as Area A (A1 – A2) as shown on attached
         Technical Agency Response Plan TARP 2008-18281 SRA, prepared
         by LMO (DNRME), dated 01/09/2020.




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
        the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has
        its ordinary meaning.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for the department’s decision are:
 The proposal is for boundary realignment (2 lots and common property into 2 lots and common
   property).
 The application was referred to SARA as the new boundary would result in new exempt clearing of
   mapped native vegetation and mapped koala habitat.
 SARA assessed the application against State code 25: Development in South East Queensland
   koala habitat areas and State code 16: Native Vegetation Clearing.
 SARA issued an information request, and in the information response the applicant changed the
   location of the proposed boundary to avoid as much as practicable, the mapped koala habitat. This
   effectively negated the koala habitat trigger and assessment against state code 25.
 The development can otherwise comply with State code 16, subject to the condition in Attachment 1
   of this referral agency response, which limits the clearing of vegetation under this development
   approval to identified areas.

Material used in the assessment of the application:
 The development application material and submitted plans
 Planning Act 2016
 Planning Regulation 2017
 The State Development Assessment Provisions (version [2.6]), as published by SARA
 The Development Assessment Rules
 SARA DA Mapping system




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Attachment 4—Change representation provisions
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Attachment 5—Approved plans and specifications
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