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Att 5. BAL Report - 555 Louis Bazzo Dr
Qualifying clearing is defined as:
qualifying clearing means clearing of vegetation that –
(a) is on freehold land; or
Assuming that a Lot Owner would have the reasonable right to construct a dwelling on their Lot, this advice
supports the contention that the associated clearing for the protection of life and property would be
“necessary for essential management” and being on freehold land is “qualifying clearing”, and therefore is
“exempted development” under Planning Regulation 2017.
However equally “necessary” for the protection of the environment is that the extent of such clearing is
minimized.
In terms of construction of the proposed dwelling, reducing or minimizing clearing can be offset by higher
levels of construction under AS3959-2018 Construction of buildings in bushfire prone areas, but it should be
acknowledged that increasing the exposure of the building increases the exposure of the whole; including
access/egress, the Asset Protection Zone (APZ) which is supposed to help protect the building, water supplies,
fire fighting capability and emergency management arrangements.
It is generally accepted in Queensland that planning should avoid the need to construct dwellings above
Bushfire Attack Level (BAL) 29 under AS3959-2018, and that this can be deemed as “acceptable risk”.
This advice assesses the proposed dwelling site and establishes the setbacks (APZs) required which avoid
exceeding BAL 29 and which minimize interference with protected vegetation. Whilst clearing up to 1.5 times
the height of the tallest tree is the maximum permissible extent of clearing, this assessment demonstrates
that a lesser degree of interference with vegetation can be achieved whilst risk still be deemed acceptable.
Notwithstanding the justification above, it is recommended that an Application to Clear Vegetation on Private
Property is submitted to Council, advising of the vegetation to be removed to create the APZ described in 7.2
of this assessment.
Tables 4 and 5 provide guidance on the exposure of Sites 1 and 2 where sheds are proposed. Whilst shed
construction does not have to comply with AS3959, sheds can be damaged or lost to fire as well as from
falling trees and tree limbs. The extent of proposed vegetation clearing for shed sites should be included in
the Application to Clear Vegetation on Private Property.
5.0 Specific risk factors associated with the development
proposal
5.1 Nature of activities anticipated on site
Normal residential activities are anticipated to occur in the area, which does not involve any more people in
the area. The number of fire incidents expected by QFES varies in direct proportion to the numbers of people
present. The proposed development does not add significantly to the number of people living in the area or
likely to cause ignition.
Report compiled by Bushfire Risk Reducers for Mr Tim Olah, June 2021 Page 16
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