1911-14440 SPD - Assessment report change to development approval

DSDMIP assessment report—change to a development approval

DSDMIP reference:	1911-14440 SPD
DSDMIP role	Referral agency
DSDMIP regional office:	South East Queensland (North) regional office

Application details
Street address:	191 Hollett Road, Noosaville
Real property description:	Lot 53 on SP163571
Local government area:	Noosa Shire Council (the council)

Applicant name:	John & Kathleen Hofmann c/- JFP Urban Consultants Pty Ltd
Applicant contact details:	T1. 209 Kon-Tiki Business Centre, 55 Plaza Parade MAROOCHYDORE QLD 4558 [email protected]
Development permit	Reconfiguring a lot (1 lot into 40 lots and park)

Matters of interest to the state
The development approval has the following matters of interest to the state under the provisions of the Planning Regulation 2017:
Trigger	Description	Technical agency	Fast track?
10.17.3.5	Development application for reconfiguring a lot that is assessable development under section 28, if— (a) all or part of the lot is within a coastal management district and the reconfiguration 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 of, an erosion prone area; or (iii) creating a new lot that has a boundary within, or within 30m of, an erosion prone area.	Department of Environment and Science (DES)	No
10.3.4.2.1	Development application for reconfiguring a lot that is assessable development under section 21, if- (a) a lot that the application relates to is 5ha or larger; and (b) the size of any lot created is 25ha or less; and (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	Department of Natural Resources, Mines and Energy (DNRME)	No

The proposed minor change involves the following affected entities:
Role in assessment of parent application	Technical agency	Affected entity response
Assessment Manager	Noosa Shire Council	
Referral agency for electricity transmission infrastructure	Energex	

Proposed minor change
Location
The subject site is located at 191 Hollett Road, Noosaville, formally described as Lot 53 on SP 163571. The site is currently vacant.
Background/history
The site is subject to a Planning & Environment Court order dated 5 July, 2013 to reconfigure a lot for 52 rural residential lots and park (the Court order). The Court order includes referral agency conditions issued by the DNRME (removing native vegetation and acid sulfate soils) and DES (coastal management and contaminated land). Energex are an advice agency for the application.
Description of minor change
A related application for a minor change has been lodged with Noosa Shire Council. The changes involve amendments to the proposal plans and conditions and include:
the development footprint has been reduced.
the number of lots has been reduced from 52 Lots to 40 Lots
the revised design is consistent with advice provided by the Environmental Protection Agency (now DES) as part of the original development approval and results in greater alignment with the assessment benchmarks for development in koala habitat areas sought under Section 7 of schedule 11 in the Planning Regulation 2017.

In light of the above, the applicant has requested changes to the referral agency response so that the concurrence agency conditions are consistent with the latest plans of development
Assessment by technical agencies
Schedule 10, Part 17, Division 3, Table 5 - DES
The applicant is proposing to reduce the number of lots from 52 to 40. The change will reduce the development approval footprint and result in the development being further separated from areas of regulated vegetation.
It does not appear that any of the proposed changes will result in additional impacts on areas of MSES (the impacts will be lessened from the currently authorised impacts).
The original approval included a concurrence agency response prepared by the Environmental Protection Agency (the original response was provided on 8 February 2007). There was one condition proposed.
It is noted that the final approved plan is not the one referenced in this condition, this is likely as a result of the subsequent appeal and court processes. It is also noted that the condition requiring the works to be undertaken in accordance with the proposal plan.
The existing is more flexible than the model condition contained in the current SARA model conditions as it required the plan to be marked up in accordance with the requirements of any conditions. It also allows the referenced plan to be changed without a rewording of this condition. In light of this, no change to the existing condition is required to achieve the intent of DES’s original proposed condition, the approved plans should just be updated.
It is also noted that a number of conditions pertaining to koala impacts were included on the concurrence agency response as advice. It does not appear these conditions were included in the final approval. However, a number of conditions relating to koala habitat are included in the Court order (including condition 63 which requires a vegetation protection covenant) and the responsibility for these conditions lies with the council. Given this consideration, the risk to koala populations will be assessed by the council as part of the change application and this risk will not be considered further by DES.
DES only requires the current condition to be amended to reflect the new proposal plan
Schedule 10, Part 3, Division 4, Subdivision 2, Table 1 - DNRME
The site is mapped on the regulated vegetation management map and vegetation management supporting map as containing category B areas that are least concern (12.3.5), of concern (12.3.11) and endangered (12.5.3) regional ecosystems.
A simple PMAV (2018/002202) was certified over the subject site in April 2018.
The applicant is proposing to reduce the number of lots from 52 to 40. The change will reduce the development approval footprint and result in the development being further separated from areas of regulated vegetation.
It does not appear that any of the proposed changes will result in additional impacts on areas of regulated vegetation. The original approval included a concurrence agency response prepared by DRNME. The response included a Referral Agency Response Plan (RARP), showing areas where certain infrastructure is not permitted and areas where clearing was not permitted under an associated development approval. The conditions and RAR attached to the original approval do not need to be changed to accommodate the new proposed layout.
DNRME requires no amendments to the current conditions.

DSDMIP assessment of proposed change
There are only four (4) current referral agency conditions related to the reconfiguring a lot development permit over the land. One condition was applied by DES (formally EHP) and three conditions by DNRME. The following table contains the conditions which have been amended to reflect the necessary changes invoked by the change application. In addition to the changes required as a result of the amended plan of development, changes have been made to correctly reference the Fire and Emergency Services Act 1990 and reference the correct referral agency response plan included with the Court order.

	Condition
Coastal protection
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.
Clearing native vegetation
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 To 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: 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.
SARA Timeframes
Action	Issue date	KPI date	Statutory due date
Application received by SARA	03/12/19		
Original affected entity response – Energex recommending refusal of change	20/12/19	-	
Applicant requested extension of time	10/01/20	-	18/05/20
Technical agency responses received	20/12/19 and 10/01/20	-	-
Affected entity response - Energex	23/04/20	-	-
Applicant amended proposal plan	06/05/20		
Affected entity response (Noosa) – No response	27/04/20	-	11/05/20
SARA assessment finalised	12/05/20	-	-
Decision notice issued	13/05/20		18/05/20
Initially Energex, as an affected entity, had serious concerns with the proposal. The applicant requested an extension to allow them to negotiate an outcome with Energex.
Aafter the applicant had negotiated an outcome with Energex, the applicant recognised that they did not forward a copy of their change application to the council as an affected entity. SARA had to wait the 15 days to allow time for the council to advise of any issues with the proposed change.
Recommendation for change application (minor change to a development approval)—SARA is responsible entity
It is recommended that DSDMIP as responsible entity:

Make the change, subject to the amended conditions as included in the changed referral agency response (Planning Act 2016 section 81(4)(a)).
AND
Include approved plans and specifications as detailed in the changed referral agency response.

Endorsement
Officer	Paul Gleeson	Principal planning Officer	5352 9717
Peer reviewer	Luke Farrelly	Senior Planner	5352 9744
Approver	Garth Nolan	Manager	5352 9710

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1911-14440 SPD

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