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2018-01-15 GC Agenda - Attachment 1 to Item 6 - P&E Court Appeal 344 of 2009
General Committee Agenda
15 January 2018
ATTACHMENT 1
Attachment 1 to Item 6
In the Planning and Environment Appeal No. 344 of 2009
Court
Held at: Maroochydore
Between: JOHN HOFMANN Appellant
And SUNSHINE COAST REGIONAL COUNCIL Respondent
And CHIEF EXECUTIVE UNDER THE Co-Respondent
VEGETATION MANAGMENT ACT 1999
Before His Honour Judge Robertson
Date of Hearing: 5 July 2013
Date of Judgment: 5 July 2013
THIS MATTER HAVING on 5 July 2013 come on for hearing by way of appeal from the decision
of the co-respondent to direct the respondent to refuse a development application for a
development permit for reconfiguring a lot (83 lots) (“development application”) for land at 191
Hollett Road, Noosaville and more particularly described as lot 53 SP 163571 (“land the subject
of the development application”)
UPON THE COURT BEING SATISFIED the changes made to the development application the
subject of these proceedings depicted in JFP plan numbered M1775 00 12 E dated 21 June
2012 are minor changes
IT IS ADJUDGED THAT:
1. The appeal is allowed
2. The development application is approved subject to the requirements and conditions
attached
3. The concurrence agency condition by the chief executive administering the Coastal
Protection and Management Act 1995 be changed as follows:
“1. The works must be undertaken in accordance with the plan listed below.
Plan: Proposal Plan M1775 00 12 E by JFP dated 21 June 2012”
JUDGMENT GANTT LEGAL
Filed on behalf of the Appellant Level 22 69 Ann Street
Form PEC-7 Brisbane Qld 4000
Telephone 1300 472 529
[email protected]
Page 1 Contact Andrew Davis
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Full text of sections 2 to 25 (of 38)
Section 2
Filed on: 5/07/2013
Filed by: GANTT LEGAL
Service address: Level 22 69 Ann Street Brisbane Qld 4000
Telephone: 1300 472 529
Email: [email protected]
Registrar
Page 2
Section 3
APPLICATION DETAILS
Application No: 152006.1999
Street Address: 191 Hollett Road, Noosaville
Real Property Description: Lot 53 SP 163571
Planning Scheme: Superseded Planning Scheme – 1985 Schedule and 1997
Strategic Plan for Noosa
DECISION DETAILS
The following type of approval has been issued:
Development Permit for Reconfiguration of a Lot (52 Lots & Park)
RELEVANT PERIOD OF APPROVAL
The relevant period is 4 years.
CONDITIONS
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
as relevant to each particular stage must be completed prior to submission of the
subdivision plan to Council for compliance assessment for the particular stage.
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice. The Approved
Plans must be amended to incorporate the amendments listed within this Decision
Notice and resubmitted to Council prior to the issue of the first Development Permit
for Operational Works*
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Subdivision Staging
4. The development must be staged in accordance with the stage boundaries shown on
the Approved Plans. Any road access and infrastructure services required to service
the particular stage are constructed with that stage.
Development Completion
5. The uncompleted aspects of this development approval lapses if the subdivision plan
for the last stage of the development has not been registered by the relevant titles
authority within 6 years of the date this approval takes effect.
Plan of Development/Setbacks
6. All buildings and structures must be setback a minimum of 6 metres from the road
frontage and 3 metres from all other boundaries, except for Lots 51 and 52 where the
setback to any boundary must be a minimum of 10 metres. A Table indicating the
building setbacks must be included on an amended approved plan.
7. A copy of the approved Plan of Development must be included in the contract of sale
for all Lots.
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Section 4
Lot Layout
8. The rear property boundary of Lots 16, 20, 21 and 22 must be setback 10 metre from
the existing property boundary to Walter Hay Drive. The land area (10 metres)
between the lots and Walter Hay Drive must be dedicated to the Crown as Reserve
for Park.
Acoustic Requirements
9. An acoustic barrier must be constructed on Lots 16, 20, 21 and 22 for noise
attenuation. The barrier must be constructed in accordance with an Operational
Works approval and the following:
(a) the barrier must be positioned entirely within private property along the
rear/eastern boundary of Lots 16, 20, 21 and 22 (adjacent to the reserve for
Park boundary);
(b) the barrier alignment must be varied where necessary to preserve existing
significant vegetation with all vegetation within the 10 metre setback
maintained and protected during construction, unless varied by Council;
(c) the barrier must not include a mound;
(d) the barrier must be erected to a height indicated on the approved plan (as
amended), and measured from the finished ground level of the site;
(e) returns must be constructed at each end of the barrier for a length indicated
on the approved plan;
(f) the barrier must be constructed by the developer as part of Stage 3; and
(g) maintenance of the acoustic barrier in a good condition shall be the
responsibility of the lot owner.
10. Certification must be submitted to Council from a qualified person* which certifies that
the acoustic barrier has been constructed in accordance with the requirements of this
Decision Notice. *(Refer to Advisory Note)
11. All dwellings (including two (2) storey dwellings) on Lots 16, 20, 21,22, 50 and 51
must be sited within the Building Envelopes for Noise as shown on the approved plan
number 12-49a-2 “Noise Barrier and BLE”, prepared by MWA Environmental dated
30 May 2012 (as amended).
12. For all two (2) storey dwellings on Lots 16, 20, 21, 22, 50 and 51, an acoustic report
must be prepared by a qualified person* recommending design, material and
construction requirements to achieve internal noise levels recommended by
Australian Standard AS2107:2000 within habitable rooms using the methodology of
AS 3671:1989 and all such dwellings must be constructed to these standards. The
acoustic report must be submitted to Council prior to the issue of a building approval.
*(Refer to Advisory Note)
13. Prior to the issue of the Certificate of Classification for the dwelling houses on the
affected lot’s, certification must be submitted to Council from a qualified person*
which certifies that the development has been constructed in accordance with the
acoustic report and the requirements of this Decision Notice.
Park Dedication
14. Park allotments must be dedicated to Council with each stage of the development in
accordance with the approved plans.
15. Park allotments east of Walter Hay Drive must be dedicated to Council with Stage 4
of the development.
Road Dedication / Closure Hollett Road
16. The applicant must bear the costs associated with Council lodging a simultaneous
road opening and road closure application to allow the existing road reserve to be
consolidated into Council's freehold land (Lot 77 on SP 177938) and a new road
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Section 5
reserve (minimum 22 metres) opened over the existing track and new road formation
in Hollett Road. Plan sealing of Stage 1 must not occur until such time that the road
opening / closure application has been completed and the road constructed. An
infrastructure agreement setting out the obligations of the Council and the Applicant
in respect of obtaining approval for the road opening and road closure must be
prepared and executed within 3 months of this approval taking effect, unless further
extended by agreement between the parties.
Performance Bond
17. Security in the form of a cash bond or trading bank guarantee in the sum of $60,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of the first Development Permit for Operational Works.
The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval, less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
CIVIL ENGINEERING
External Works
18. Hollett Road must be upgraded for the length of its frontage to the subject site and
extending to the west to Eumundi Noosa Road. The works must be undertaken in
accordance with an Operational Works approval for the relevant stage and must
include in particular:
(a) Stage 1 - that part of Hollett Road extending from the prolongation of the
eastern boundary of Lot 9 to the existing formation of Hollett Road at a point
approximately 100 metres from Eumundi Noosa Road must be:
(i) Designed and constructed with a 7 metre wide kerb to kerb formation
(flush kerb may be used where applicable);
(ii) Constructed such that it is immune from flooding during a peak 10
year ARI event and has maximum depth of inundation of 250 mm
and DV < 0.6 during a peak 100 year ARI flood event. Crossings
shall be constructed such that there are no offsite flood impacts on
land not owned by Council. Further, the road crossings shall be
constructed such that they do not change the standing water level
within the land upstream of the road;
(iii) Aligned generally along the centreline of the existing track and varied
where necessary to preserve existing significant vegetation;
(iv) A temporary turnaround facility must be constructed adjacent to the
eastern boundary of Lot 9. The temporary turnaround facility must
be in accordance with an Operational Works approval and must be of
sufficient size to accommodate the 3-point turn manoeuvre of a
Waste Collection Vehicle (WCV);
(v) Intersections with the proposed internal road;
(vi) Installation of street lighting at the intersections and elsewhere as
required; and
(vii) Connection to and reinstatement of the existing property accesses
along Hollett Road.
These works must be completed prior to the sealing of the Survey Plan for
Stage 1.
(b) Stage 2 - that part of Hollett Road extending from the prolongation of the
eastern boundary of Lot 9 to the eastern boundary of Lot 49 shall be:
(i) Designed and constructed with a 7 metre wide kerb to kerb formation
(flush kerb can be used where applicable);
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Section 6
(ii) Constructed such that it is immune from flooding during a peak 10
year ARI event and has maximum depth of inundation of 250 mm
and DV < 0.6 during a peak 100 year ARI flood event. Crossings
shall be constructed such that there are no offsite flood impacts on
land not owned by Council. Further, the road crossings shall be
constructed such that they do not change the standing water level
within the land upstream of the road;
(iii) Aligned generally along the centreline of the existing track and varied
where necessary to preserve existing significant vegetation;
(iv) Remove the temporary turnaround area adjacent to Lot 9;
(v) A temporary turnaround facility must be constructed adjacent to the
eastern boundary of Lot 49. The temporary turnaround facility must
be in accordance with an Operational Works approval and must be of
sufficient size to accommodate the 3-point turn manoeuvre of a
Waste Collection Vehicle (WCV);
(vi) Intersections with the proposed internal road; and
(vii) Installation of street lighting at the intersections and elsewhere as
required.
These works must be completed prior to the sealing of the Survey Plan for
Stage 2.
(c) Stage 4 - that part of Hollett Road extending from the cul-de-sac turnaround
area adjacent to Lot 49 to the eastern side of the Walter Hay Drive culvert
shall be:
(i) Designed and constructed with a 4 metre wide sealed surface on a 4
metre wide formation;
(ii) Include a single passing bay on the eastern side of Walter Hay Drive
underpass and a “Give Way” sign, and elsewhere where site lines
are obstructed;
(iii) That part of Hollett Road extending from the eastern side of the
culvert for Walter Hay Drive to the existing access track within Lot 52
shall be designed and constructed with a 4 metre wide gravel surface
formation; and
(iv) The temporary turnaround adjacent to the eastern boundary of Lot 49
must be sealed.
19. A new intersection with Hollett Road must be constructed at a point approximately
100 metres from Eumundi-Noosa Road, and joining the new formation of Hollett Road
(required by condition 16) to the existing formation. The works must be undertaken
in accordance with an Operational Works approval and must include in particular:
(a) vehicle priority maintained east/west along the existing Hollett Road;
(b) provision of sight distances adequate for the design speed of the road;
(c) Street signage and line-marking; and
(d) Street lighting with the number of street lights and their location to be
determined at operational works stage.
These works must be completed prior to the sealing of the Survey Plan for Stage 1.
Site Access and Driveways
20. A sealed access driveway must be provided for all lots with a swale/bioretention
swale drain located in their frontage, if applicable. The access driveway must extend
from the edge of the road formation to the property boundary. The works must be
undertaken in accordance with an Operational Works approval and must include in
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Section 7
particular a driveway crossover in accordance with IPWEAQ standard drawing SEQ
R-056.
New Roads
21. The new roads shown on the Approved Plans must be constructed in accordance
with the conditions of this Decision Notice and dedicated as road reserve at no cost to
Council.
22. A temporary turnaround facility must be constructed at the end of each road left
temporarily incomplete as a result of the development staging. The temporary
turnaround facilities must be in accordance with an Operational Works approval and
must be of sufficient size to accommodate the 3-point turn manoeuvre of a Waste
Collection Vehicle (WCV).
23. New roads as shown on the Approved Plans must be constructed. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
(a) Stage 1:
(i) 6 metre wide kerb to kerb formation within a 20 metre wide road
reserve;
(ii) sealing, kerbing and channelling (flush kerb may be used where
applicable);
(iii) a cul-de-sac turnaround area with a minimum 9 metre radius and
minimum 4 metre wide verge at any point on the turning circle; and
(iv) installation of street lighting where necessary.
These works must be completed prior to the sealing of the Survey Plan for
Stage 1.
(b) Stage 2:
(i) 6 metre wide kerb to kerb formation within a 20 metre wide road
reserve;
(ii) a cul-de-sac turnaround area with a minimum 9 metre radius and a
minimum 4 metre wide verge at any point on the turning circle
(iii) sealing, kerbing and channelling (flush kerb may be used where
applicable);
(iv) a temporary turnaround facility must be constructed adjacent to the
to the northern boundary of Lot 38;. The temporary turnaround
facility must be in accordance with an Operational Works approval
and must be of sufficient size to accommodate the 3-point turn
manoeuvre of a Waste Collection Vehicle (WCV); and
(v) installation of street lighting where necessary.
These works must be completed prior to the sealing of the Survey Plan for
Stage 2.
(c) Stage 3:
(i) All roads – 6 metre wide kerb to kerb formation within a 20 metre
wide road reserve;
(ii) cul-de-sac turnaround areas with a minimum 9 metre radius and a
minimum 4 metre wide verge at any point on the turning circle; and
(iii) installation of street lighting where necessary.
These works must be completed prior to the sealing of the Survey Plan for
Stage 3.
Access Easement
24. The access driveway within the access easement within Lot 52 as shown on the
Approved Plans must be constructed. The works must be undertaken in accordance
with an Operational Works approval and must be:
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Section 8
(a) Aligned generally along the centreline of the existing track and varied where
necessary to preserve existing significant vegetation;
(b) Constructed with a 4 metre wide gravel formation, and
(c) Include passing bays where sight lines are obstructed
These works must be completed prior to the sealing of the Survey Plan for Stage 4.
Pedestrian and Bicycle Facilities
25. The developer must construct a minimum 2.5m wide concrete path on a 4m wide
formation along the proposed fire trail to the north of Lots 14 and 16 boundaries. The
works must be undertaken in accordance with an Operational Works approval and
must:
(a) Be of sufficient dimensions and structural integrity to cater for use by
emergency vehicles,
(b) Be designed and constructed to ensure pedestrian safety using non-slip
materials, to produce an evenly graded surface finish and to be in
accordance with the Disability Discrimination Act 1992 and Australian
Standard 1428.1 Design for Access & Mobility
(c) Include suitable gates or removable bollards to prevent unauthorised vehicle
use
(d) Pram ramps must be installed wherever needed to direct pedestrians across
roads.
26. The developer must construct a 3 metre wide sealed path within Walter Hay Drive
connecting the path from the north boundaries of Lots 14 and 16 to the path on the
western side of the existing bridge crossing Eenie Creek. The works must be
undertaken in accordance with an Operational Works approval and must:
(a) Include suitable pedestrian/cyclist safety features at the Walter Hay Drive
boundary and within Walter Hay Drive; and
(b) The sealed path must be aligned to preserve existing significant vegetation
identified onsite with Council’s Ecologist.
27. The developer must construct a minimum 2.5 metre wide informal path extending
from the northern end of the new (opposite Lot 28) along the existing electrical
easement to the south western corner of Lot 54 SP163309. The works must be
undertaken in accordance with an Operational Works approval and must:
(a) Be of sufficient dimensions and integrity to cater for use by emergency
vehicles;
(b) Be designed and constructed to ensure pedestrian safety, to produce an
evenly graded surface constructed of ‘deco’ material to the satisfaction of
Council;
(c) Include suitable gates or removable bollards to prevent unauthorised vehicle
use; and
(d) Pram ramps shall be installed wherever needed to direct pedestrians across
roads.
28. The developer must construct a 2.5 metre wide informal path from ‘deco’ material
within Lot 901 SP163309 connecting the path mentioned in Condition 27 with the
existing pathway network in Aspera Place. Pram ramps shall be installed wherever
needed to direct pedestrians across roads.
29. Directional signage for pedestrians and cyclists must be provided throughout the
subdivision to direct cyclist/pedestrians to Aspera Place and Walter Hay Drive. The
signage must be approved by Council and installed prior to sealing of the plans of
Stages 1 and 3 respectively.
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Section 9
Electricity and Telecommunication Services
30. A connection to reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and the
standards and requirements of the relevant service provider.
31. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
32. Certification must be submitted from all relevant service providers which certify that
the development has met the requirements of this Decision Notice and all applicable
legislation at the time of construction.
Easements
33. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property. All easements must be designed in
accordance with the planning scheme and granted at no cost to the Grantee. Where
the Grantee is Council or a service authority, the easement documentation must be in
accordance with the Grantee’s standard easement terms.
34. Draft easement documentation must be submitted to Council for endorsement.
35. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
36. All fill and associated batters must be must be undertaken in accordance with an
Operational Works approval and contained entirely within the subject site, unless
written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
37. Any damage caused to existing services and assets above or below the ground must
be repaired:
(a) where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
(b) where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
ENVIRONMENT
Reserves
38. The land areas identified as “Park” on the approved plans (as amended) must be
dedicated to the Crown as Reserve(s) for Environmental Purposes. The land to be
dedicated is “non-trunk infrastructure” for the purposes of the Integrated Planning Act
1997.
39. The land areas to be transferred must be unencumbered by services such as pump
stations, services, easements or similar operational uses.
40. Those areas within the land areas identified as “Park” on the approved plans (as
amended) which are required for stormwater infrastructure must be dedicated to the
Crown as Reserve(s) for Drainage.
41. The Energex power line easements EMT “B“ RP177295 and EMT “C” RP177294
within the land areas identified as “Park” on the approved plans (as amended) and
exclusive of areas required for Reserves for Drainage must be dedicated to the
Crown as Reserve(s) for Open Space.
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Section 10
42. A permanent fence(s) must be constructed along the entire length of the common
boundary of Lots 3 to 11 inclusive, Lots 13, 14, 16, 51 and 52, with the adjacent
Reserves for Environmental Purposes, Reserve for Drainage and the Reserve for
Park and the common boundary of Hollett Road with the Reserves for Park between
Lots 9 and 10 and east of lot 52 The fences must be constructed in accordance with
an Operational Works Approval and must be to the following specifications:-
(a) 1.2 metres high; except where the acoustic fence is located to the rear of
Lots 16, 20, 21 and 22 – refer to the acoustic requirements condition(s);
(b) Dog proof except for those Reserves for Environmental Purposes adjacent to
Lots 51 and 52 where a 4 strand plain (fencing standard) wire fence will
suffice; and
(c) Provision of three lockable gates located adjacent to Lots 4 and 10 and at the
junction of Energex easements EMT “B” RP177295 and EMT “C” RP177294.
Weed management
43. The lands dedicated to the Crown as Reserve(s) for Environmental Purposes,
Drainage, Open Space and for Park plus the balance of the site i.e. Lots 1 to 52
inclusive, must be, at the time of plan sealing, free of those weed species listed as
follows:
(a) Declared plants class 1, 2 and 3 under the Land Protection (Pest and Stock
Route Management) Act 2002 and subordinate Regulation 2003; and
(b) The Australian Government Alert List for Environmental Weeds.
Revegetation and Vegetation offsets
44. Provide revegetation/rehabilitation plantings generally within those existing cleared
areas north of Lot 4 and between Lots 9 and 10 to offset clearing associated with the
realignment and widening of Hollett Road to a maximum area of 5000 square metres.
The offset revegetation/rehabilitation areas can be implemented via the use of “live
topsoil” won from road clearing works or via direct revegetation plantings or a
combination of both techniques. These rehabilitation areas are to incorporate ground
habitat comprising of hollow logs, logs and large rocks won from clearing and site
earthworks.
Tree retention
45. No clearing of native vegetation including Old Growth “Habitat Trees” (i.e. trees with
hollow branches and limbs) is permitted during subdivision construction without the
prior written approval of Council’s Environment delegate. For Old Growth “Habitat
Trees” those trees given approval for removal must be confined to trees which pose a
well-founded threat to persons or property or are required to be removed for road and
services construction. A Queensland Parks and Wildlife Service qualified
“Spotter/catcher” must be present when any trees are removed. An equivalent
number of Council approved artificial nesting boxes of similar size to the tree hollows
removed must be provided to Council and placed at the applicant’s expense on
retained trees within the Reserve(s) for Environmental Purposes (of this estate).
Fauna protection
46. A koala exclusion fence must be constructed to Council standards and positioned
along the entire common boundary of Walter Hay Drive with the following: Lots 50, 51
and 52, the Reserves for Environmental Purposes on Eenie Creek and the reserve
for Park (adjacent to Lots 16, 20, 21 and 22). This fence must incorporate koala
exclusion gates at the two emergency accesses onto Walter Hay Drive. The details of
the fence and gates must be submitted as part of an Operational Works application.
47. Traffic calming devices must be provided on Hollett Road between Lots 9 and 10.
The works must be undertaken in accordance with an Operational Works approval.
48. A fauna underpass is to be incorporated at or adjacent to the creek crossing on
Hollett Road. The details of the underpass must be submitted as part of an
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Section 11
Operational Works application, and may be constituted by a culvert used for drainage
purposes.
49. Tree trunks, major limbs and woodchips resulting from vegetation (including old
growth trees) removal must be utilised within the revegetation/vegetation offset
planting areas. The tree trunks and major limbs are to be placed singly and in clumps
to replicate ground fauna habitat.
50. An arboreal fauna crossing must be provided in the form of a rope bridge on Hollett
Road adjacent to Lot 10.
51. Two koala (road) signs must be provided on Hollett Road, one in the vicinity of Lot 9
and the other on Hollett Road (when upgraded) near Goldburg Court.
52. Domestic cats must be permanently restrained within the respective dwelling houses
and/or within a purpose built cat enclosure.
53. Boundary fencing to all lots must be koala friendly.
54. Vegetation approved for removal/disturbance as part of this approval must be
checked for presence of wildlife by a wildlife spotter/catcher or other suitably qualified
person, immediately prior to the commencement of vegetation clearance works.
55. The wildlife spotter/catcher must remain on-site for the duration of vegetation
removal/disturbance activities and must report to Council’s delegate upon the
commencement and completion of all vegetation removal activities on the site.
56. Any wildlife identified as being displaced as a result of vegetation
removal/disturbance activities must be relocated immediately prior to habitat
disturbance, in consultation with the Council’s Environment delegate and in
accordance with the basic requirements of the Nature Conservation Act 1992.
Bushfire Management
57. Trafficable standard (for 4x4 vehicles) bushfire access tracks must be provided within
the fire trails and fire access corridors as identified on the approved plans (as
amended) and in addition within the existing farm track located within the “Park”
located approximately west, of Lot 38.
58. The proposal plans must be amended to relocate the fire access corridors from Lots
22, 23, 34, 35, 41, 42 and 49 to within Lot 50 adjacent to the western and northern
boundaries.
59. A 6 metre wide easement for emergency access and fire fighting purposes must be
registered against the title of Lot 50 in favour of Council and Emergency Services
over the fire trail on the subject land (Lot 50). The easement must be granted at no
cost to Council and the wording of the easement documentation must be to the
satisfaction of Council.
60. Draft easement documentation must be submitted to Council for endorsement.
61. A building envelope must be provided on all lots affected by the mandatory 30 metre
building setback. The building envelope must exclude all areas identified as being
within the 30 metre mandatory building setback. The envelopes must be indicated on
the plan of development and all buildings must be sited within the building envelopes.
62. All building envelope boundaries must be clearly delineated on the ground by the
placement of metal posts at all covenant corners and bends.
Vegetation Covenants
63. A vegetation protection covenant must be registered against the titles of Lots 50, 51
and 52 over the land areas identified as Areas A5, B2, A6 and B3 as identified on the
Department of Natural Resources and Mines (DNRM) RARP – Plan Map Reference
2008/008142 dated 12 December 2012 and identified on the approved plans (as
amended), pursuant to Section 97A of the Land Title Act 1994. The covenant
document and a survey plan must be submitted to Council for endorsement prior to
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Section 12
lodgement with the relevant titles authority for registration of title. The covenant
document must:
(a) Incorporate the requirements of this Decision Notice (including the DNRM
Referral Agency conditions);
(b) Include Sunshine Coast Regional Council as Covenantee;
(c) Reference Queensland Land Title Registry Standard Terms Document No.
713966030; and
(d) Reference that obligations of the covenant must be complied with by the
applicant and all successors in title.
64. If a provision included in the covenant document is requisitioned or refused
registration by the relevant titles authority, a substitute provision must be included in
the document which as nearly as practicable addresses the objective sought by the
requisitioned or reused provision. The wording of the substitute provision must be
agreed by Council.
65. All vegetation covenanted areas must be clearly delineated on the ground by steel
posts being located at corners and bends of boundaries.
66. Signs identifying the covenant must be placed to each boundary corner post of the
covenant area(s).
Street Tree Plantings
67. The following tree species (or other species acceptable to council) are to be planted
within the street network at 8 metre intervals:
(a) Lots 1 to 3 inclusive and 7 to 11 – Melaleuca quinquenervia;
(b) Lots 4 to 6 inclusive, Lots 12 and 13 and Lots 21 to 50 inclusive – Banksia
integrifolia;
(c) Lots 14, 15, 17, 18 and 19 – Melaleuca quinquenervia;
(d) The “Park” opposite Lots 37 to 39, 44 and 45 and 28 to 31 – Eucalyptus
racemosa; and
(e) The “Park” opposite Lots 31 to 33, 36 and 37 and 14, 15, 17 to 19 –
Melaleuca salignus.
HYDRAULICS AND WATER QUALITY
Flooding
68. The surface levels of the building platform, effluent disposal area and access to the
2
building platform (minimum area of 2000 m ) of all residential lots must be
constructed to provide flood immunity. The works must be undertaken in accordance
with an Operational Works approval and must include in particular surface levels that
are higher than the 1 in 100 year ARI flood level.
Filling below the existing 100 year ARI flood level must be limited to that required to
provide surface levels of the building platforms, effluent disposal areas and access in
accordance with the above.
69. A table listing the applicable 1 in 100 year ARI flood levels applicable to each lot must
be provided for Council’s records. The table must be accompanied by certification
from a qualified person* which certifies that the levels are based on the latest study
referenced by Council’s relevant Development Permits and incorporates all
amendments.
*(Refer to Advisory Note)
70. In conjunction with the first operational works development application, provide a
revised flood study prepared by a qualified person.* The extent of the TUFLOW
model shall be expanded to include all of the tributaries crossed by the section of
Hollett Road required to be upgraded.
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*(Refer to Advisory Note)
71. An easement in favour of Council for drainage purposes must be registered against
the titles of the properties over the land area identified as being below the 1 in 100
year ARI flood level on the subject site and over all stormwater quality improvement
devices on private allotments. Areas covered by vegetation covenant are to be
excluded from the easement.
72. The easement must be granted at no cost to Council. The wording of the easement
documentation must be in accordance with Council’s standard easement document.
Draft easement documentation must be submitted to Council for endorsement.
73. No structures, including solid-type fences are to be located within areas of the
allotment covered by drainage easement. No excavation, filling, or drainage works
are to be commenced on an easement without prior written consent of Council.
Maintenance of the area of the allotment covered by drainage easement rests with
the landowner or occupier.
Stormwater
74. Concurrent with any application for Operational Works relating to this development, a
detailed Integrated Water Management Plan must be prepared by a suitably
experienced Registered Professional Engineer of Queensland (RPEQ) or equivalent.
All water management and drainage systems must be designed in accordance with
the detailed Integrated Water Management Plan and demonstrate compliance with
the water quality objectives being total suspended solids (median) < 20 mg/L, total
phosphorous (median( < 0.05 mg/L and total nitrogen (median) <0.5 mg/L OR meet
the following load based reduction targets 80% total suspended solids removal, 60%
total phosphorous removal and 45% total nitrogen removal. Compliance with water
quality objectives shall be demonstrated using the MUSIC model. When
demonstrating compliance with concentration based objectives, flows less than 10L/s
shall be excluded from calculation of the median concentration. The concentration /
load from each lot shall be representative of a lot containing an on site effluent
treatment system. The detailed Integrated Water Management Plan must also be in
accordance with the following:
(a) The latest Water Sensitive Urban Design Technical Design Guidelines
published by Healthy Waterways / Water by Design;
(b) Queensland Urban Drainage Manual; and
(c) Australian Runoff Quality.
75. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the latest version of the Water Sensitive Urban Design Technical Design Guidelines
for South East Queensland and the Water by Design Bioretention Technical design
Guidelines, and must include in particular:
(a) Swales and bioretention swales which:
(i) must in accordance with the detailed Integrated Water Management
Plan;
(ii) Stormwater from Lot 4 to 13 must be treated in swales / bioretention
swales located within the allotment;
(iii) Stormwater from Lot 50 to 52 does not require treatment and must
not be included in the MUSIC model;
(iv) Stormwater from Lots 1 to 3 and 14 to 49 must be treated in swales /
bioretention swales located within road reserve areas;
(v) Bioretention swales must have a minimum base width of 1.0 metre;
(vi) The use of any retaining walls within the road reserve must be
avoided;
11
Section 14
(vii) If stormwater quality treatment devices (bioretention swales / swales)
are located along the full frontage of a lot then the driveway to the lot
must be constructed as part of the operational works; and
(viii) All bioretention swales must be provided with a free-draining outlet
from the sub-soil drainage system.
76. Detailed life cycle costing must be prepared for the stormwater quality treatment
system by a Registered Professional Engineer Queensland and submitted to Council
prior to the issue of any Development Permit for Operational Works.
Acid Sulfate Soils
77. An acid sulphate soil and groundwater investigation and management plan must be
submitted with the first application for Operational Works and carried out in
accordance with:
(a) The State Planning Policy Guideline 2/02: Planning and Managing
Development involving Acid Sulfate Soils published by the Qld Department of
Natural Resources and Water
(b) QASSIT: Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils
(ASS) in Queensland 1998, published by the Department of Natural
Resources and Water
(c) The Queensland Acid Sulfate Soil Technical Manual: Soil Management
Guidelines Version 3.8, published by the Department of Natural Resources
and Water.
78. All works must be carried out in accordance with an Acid Soil and Groundwater
Management Plan for the development prepared by a qualified person* and
referenced in a Development Permit for Operational Works. *(Refer to Advisory
Note)
REFERRAL AGENCIES
The referral agencies applicable to this application are:
Agency Trigger Department Agency Referral Trigger Response
The agency provided its
Vegetation Concurrence Department of Natural
response on 11 December
Resources and Mines
2012 (Reference No. Elvas #
GPO Box 2454 2006/012181). A copy of the
response is attached.
BRISBANE QLD
4001
The agency provided its
Coastal Concurrence Environmental
response on 2 May 2008
Management Protection Agency
(Reference No.
PO Box 168 MCY1951_BNE29922). A
copy of the response is
COTTON TREE QLD
attached.
4558
The agency provided its
Contaminated Concurrence Environmental
response on 2 April 2008. A
Land Protection Agency
copy of the response is
PO Box 15155 attached.
CITY EAST QLD
4022
The agency provided its
Acid Sulphate Advice Department of Natural
response on 27 June 2008
12
Section 15
Resources and Water (Reference No.
IC1106NAM0002). A copy of
PO Box 573
the response is attached.
NAMBOUR QLD
4560r
No response received.
Electricity Advice Energex
Infrastructure
GPO Box 1461
BRISBANE QLD
4001
APPROVED PLANS (REQUIRING AMENDMENT)
The following amendments to the Approved Plan are required prior to the issuing of an
Operational Works Approval:
Plan No. Rev. Plan Name Date
M1775 00 12 E Proposal Plan J & K Hofmann Hollett Road, 21/06/12
Noosaville, prepared by JFP Urban
Consultants
Amendments 1. Remove reference to Building Envelopes on lots not affected
by the mandatory 30 metre bushfire setback.
2. Include a Table indicating building setbacks in accordance with
Condition 6.
3. Remove reference to building setbacks within the lot layout.
4. Remove the fire trail from within Lots 22, 23, 34, 35, 41, 42 and
49 and include the 6 metre fire trail within Lot 50 and reference
an easement.
5. Setback the boundary to Lots 16, 20, 21 and 22, ten (10)
metres from the existing property boundary and indicate this
area is dedicated as park.
6. Include reference to domestic cats must be permanently
restrained within the respective dwelling house and/or within a
purpose built cat enclosure.
7. Include reference to boundary fencing to all lots must be koala
friendly.
8. Include reference to an acoustic report is required for two (2)
storey dwellings on Lots 16, 20, 21, 22, 50 and 51
9. Add “building envelopes for noise” to Lots 16, 20, 21, 22, 50 &
51 as per plan 12-049a-2 “Noise Barrier & BLE”, prepared by
MWA Environmental and dated 30/5/12 (as amended)
12-049a-2 Noise Barrier and BLE, prepared by MWA 30/05/12
Environmental
Amendments 1. Amend plan to indicate updated lot layout.
2. Remove the Building Envelope for Noise from within any
covenant or easement areas.
3. Remove reference to an acoustic mound and replace with
13
Section 16
barrier only.
REFERENCED DOCUMENTS
Not Applicable.
ADVISORY NOTES
PLANNING
Nature and Extent of Approved Development
1. The applicant is advised that this development approval comprises:
Reconfiguring a Lot for 52 lots and Park.
Infrastructure Charges
2. This Development Permit may trigger an “Adopted Infrastructure Charge Notice” (if
applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Road Naming Procedure
3. Road names must be approved by Council before a subdivision plan is submitted for
compliance assessment and signing. A written request for proposed naming of roads
must be submitted to Council together with a plan of the proposed roads and a
completed road naming application form. Further details can be found on Council’s
website.
ENGINEERING
Building and Construction Industry (Portable Long Service Leave) Levy
4. From 1 January 2000, the Building and Construction Industry (Portable Long Service
Leave) Levy must be paid prior to the issue of a development permit where one is
required for the 'Building and Construction Industry'. This applies to Building Works,
Operational Works and Plumbing and Drainage Works applications, as defined under
the Sustainable Planning Act 2009, where the works are $80,000 or more and
matching the definition of 'Building and Construction Industry' under the Building and
Construction Industry (Portable Long Service Leave) Act 1991. Council will not be
able to issue a Decision Notice without receipt of details that the Levy has been paid.
Should you require clarification in regard to the amendments to the Building and
Construction Industry (Portable Long Service Leave) Act 1991, you should contact
QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
5. To assist Council to undertake an integrated assessment of the operational works
application, all aspects of the works must be included in one (1) application and be in
accordance with Council’s planning scheme. Additional application fees apply to
applications where the different aspects of the works are lodged separately.
Significant savings in application fees will result if all works are lodged in a single
application.
Preparation of a Preliminary Construction Management Plan
6. The works identified in this Decision Notice will be required to be carried out in
accordance with a Construction Management Plan endorsed by Council through an
approval for Operational Works. To ensure expedient assessment of any
Operational Works application, the applicant is advised to submit a preliminary
Construction Management Plan that addresses the requirements of the planning
scheme. In particular, the preliminary Construction Management Plan should
address the following:
14
Section 17
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures prior to construction;
(ii) maintenance of safe access along Hollett Road both during daily
construction and after daily construction has ceased;
(iii) proposed fencing to the site during the construction phase of the
development; and
(iv) approval of the Traffic Management Control Plan by the Department
of Main Roads (DMR) for any works on State controlled roads;
(b) maintenance and protection of water quality and existing drainage lines
through the construction site, through the implementation of appropriate
erosion and sediment control measures;
(c) works programme identifying key components of the works and their
respective durations;
(d) establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues;
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager; and
(ii) dispute resolution procedures;
(f) details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB
any damage to the existing road system as a result of haulage operations
shall be fully repaired at the applicant’s expense; and
(g) it is acknowledged that the Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
Lawful Point of Discharge
7. The applicant is advised that a lawful point of discharge for the development will need
to be determined and demonstrated as part of a detailed design solution included with
the Operational Works application.
Works within a Watercourse
8. The applicant is advised that the proposal will involve works within a watercourse
which will require referral to the Department of Environment & Resource
Management under the Water Act 2000 and Sustainable Planning Act 2009 at the
time of making an application for operational works.
Qualified Person
9. For the purpose of preparing an Acid Soil and Groundwater Management Plan, a
qualified person is considered to be either:
(a) a Registered Professional Engineer of Queensland (RPEQ); or
(b) a soil scientist with a minimum of 5 years experience.
10. For the purpose of preparing a Flood Study and certifying flood levels for the
development, a qualified person is considered to be a Registered Professional
Engineer of Queensland (RPEQ) experienced in hydraulics and hydrology.
11. For the purpose of certifying acoustic treatments for the development, a qualified
person is considered to be either:
15
Section 18
(a) a Registered Professional Engineer of Queensland; or
(b) an environmental consultant with a minimum of 3 years current experience in
the field of acoustics.
12. For the purpose of certifying acoustic barrier construction for the development, a
qualified person is considered to be a Registered Professional Engineer of
Queensland.
PROPERTY NOTES
The following property notations apply:
Property Access Driveway
For lots that have a swale/bioretention swale in their frontage (location of swale/bioretention
swale to be determined at operational works stage):
To ensure that the integrity of the on-street drainage system is maintained, vehicle
access to the lot must be from the constructed driveway only. The driveway must not
be relocated without Council agreement.
Gravel road to Lot 51 and 52
That part of Hollett Road extending from the end of the seal at the eastern side of the Walter
Hay Drive culvert to the existing access track within Lot 52 is of gravel construction. Bitumen
seal may not be planned for some time, if at all.
Stormwater Quality
For Lots 4 to 13:
This lot is provided with a stormwater quality treatment device which captures and
stores pollutants from stormwater runoff generated on the lot. To ensure that this
device continues to protect the quality of the wetland area, Eenie Creek and Lake
Weyba, it needs to be routinely checked and maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1).
For Lots 2, 3, 14, 15, 17, 18, 19, 26 to 33, 36 to 39 and 44 to 45:
A roadside stormwater quality treatment device is located in the road reserve in front
of this property. The device is designed to improve the quality of stormwater leaving
the urban area.
Traffic Noise
For Lots 16, 20, 21 and 22:
An Acoustic Barrier for noise attenuation is sited to the rear boundary. The
maintenance of the acoustic barrier is the responsibility of the individual land owner.
For Lots 16, 20, 21, 22, 50 and 51:
A Building Envelope for Noise is located within the Lot. Acoustic building
requirements apply for two (2) storey dwellings. Refer to Planning & Environment
Court Appeal 344 of 2009.
Vegetation & Bushfire
For all proposed Lots affected by a building envelope:
To ensure the safety of all future residents of the property, any dwelling on this lot is
required by Planning & Environment Court Appeal 344 of 2009 to be constructed
within the building envelope nominated on the approved subdivision proposal plan
(see council file reference 152006.1999)
For proposed Lots 50, 51 and 52:
A Vegetation Protection Covenant applies to this lot. Refer to Planning &
Environment Court Appeal 344 of 2009.
For all proposed Lots:
16
Section 19
Vegetation and habitat tree, koala protection fencing and bushfire conditions apply to
this lot. Refer to Planning & Environment Court Appeal 344 of 2009.
FURTHER DEVELOPMENT PERMITS REQUIRED
Development Permit for Operational Works (Subdivisional Works, Bulk Earthworks
and Retaining Walls, External Works, Driveways, Pathways, Stormwater Drainage
Works, Electrical Reticulation, Acoustic and Koala Fencing and Street lighting)
17
Section 20
NOTES
STATISTICS STAGE 1 STAGE 2 STAGE 3 STAGE 4 TOTAL PROPERTY DESCRIPTION
NO. OF LOTS LOT 53 ON SP163571
HIGH DENSITY 9 16 11 -- 36 PARISH OF TEWANTIN/WEYBA
LOW DENSITY -- -- 14 -- 14 COUNTY OF MARCH
RURAL PURSUIT -- -- -- 2 2 TOTAL AREA 110.0 ha
TOTAL 9 16 25 2 52
LENGTH OF NEW
20m ROAD 325m 470m 1045m -- 1840m
AREA OF PARK 34.2ha -- 8.62ha 9.937ha 52.757ha
TOTAL AREA 39.09ha 7.79ha 30.18ha 32.94ha 110.0ha
TOTAL NETT AREA OF LOTS (LOTS 1-49) 22.98ha
AVERAGE LOT SIZE (LOTS 1-49) 0.46ha
NORTH: SCALE: ISSUES: TITLE: DETAILS:
PROJECT: STAGE: PLAN: ISSUE:
N SCALE: @ A1 1:2500 @ A3 1:5000
M1775 00 12 E
BRISBANE - SUNSHINE COAST - CENTRAL QLD
SUNSHINE COAST
PLANNERS
URBAN DESIGNERS
0 50 100 150 200 250 300
metres E LAYOUT AMENDED 21-06-12 TJM PROPOSAL PLAN SHEET:
237-239 Bradman Avenue, THIS SCALE SHOWN IS ORIGINAL DRAWING SCALE - (A1 SIZE) D LAYOUT AMENDED 01-06-12 TJM 1 OF 1
Maroochydore Qld 4558
SURVEYORS
ENGINEERS
DO NOT SCALE FROM THIS DRAWING - USE ONLY DIMENSIONS PROVIDED - IF IN DOUBT PLEASE ENQUIRE C LAYOUT AMENDED & BLE ADDED 08-05-12 TJM J & K HOFMANN FILE:
P 07 5543 2500 W www.jfp.com.au B FIRE TRAILS ADDED & LOTS AMENDED 03-05-12 TJM M1775-12E-RP.dwg
CONSULTANTS JFP URBAN CONSULTANTS PTY LTD A.C.N. 050 414 045 LANDSCAPE ARCHITECTS DESIGNED TJM CHECKED RS DATUM A ORIGINAL 07-09-10 TJM HOLLETT ROAD, NOOSAVILLE DATE:
DRAWN TJM APPROVED RS L.A. SUNSHINE COAST REGIONAL COUNCIL ISSUE: DETAILS: DATE: INIT: 21st June 2012
COPYRIGHT 2012 JFP URBAN CONSULTANTS PTY LTD. THIS DOCUMENT MAY NOT BE COPIED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT THE WRITTEN CONSENT OF JFP URBAN CONSULTANTS PTY LTD.
Section 21
Integrated Planning Act 1997
Vegetation Management Act 1999 – Amended Concurrence Agency
Response
Reference: Elvas # 2006/012181, Trackjob # IC1106NAM0002
Assessment manager reference: 2006/1999
Assessment manager: Sunshine Coast Regional Council
Date application received: 6 November 2006
Permit type: Amended Concurrence Agency Response
Property/Location description: Lot 53 on SP163571, 191 Hollett Road, Noosaville.
Date of decision: 11 December 2012
Decision: Conditions included in this amended concurrence agency
response must attach to any development approval given.
Relevant laws and policies: Integrated Planning Act 1997; Vegetation Management Act 1999;
DERM Concurrence Agency Policy for Reconfiguring a Lot (RaL) –
21 October 2009. NRW Concurrence Agency Policy for
Reconfiguring a Lot (RaL) 23 August 2007, NRW Concurrence
Agency Policy for Reconfiguring a Lot RaL) 20 November 2006,
NRM Concurrence Agency policy for Reconfiguring a Lot 27 June
2005. DERM Regional Vegetation Management Code for South
East Queensland Bioregion – version 2 6 November 2009, NRW
Regional Vegetation Management Code for Southeast
Queensland Bioregion 20 November 2006.
Jurisdiction: Integrated Planning Regulation 1998 - Schedule 2, table 2, item 4.
Reasons for inclusion of conditions
In accordance with section 3.3.18(8) of the Integrated Planning Act 1997, the reasons for inclusion of conditions
in this amended concurrence agency response are as follows.
Lot 53 on SP163571 supports areas of mapped remnant vegetation shown on the certified Regional Ecosystem
Map. The clearing of vegetation within these areas is regulated by DNRM under the authority of the Vegetation
Management Act 1999.
DNRM has assessed the application against the NRM Concurrence Agency Policy for Reconfiguring a Lot 27
June 2005, and has given weight to more recent policies such as the Concurrence Agency Policy for
Reconfiguring a Lot (RaL) 21 October 2009 and determined that the application satisfies the requirements of
Criteria Table A within the most recent RaL Policy and Part P of the Regional Vegetation Management Code for
Southeast Queensland Bioregion – version 2, 6 November 2009 (RVM Code) with conditions.
Appropriate conditions are necessary to ensure that:
Page 1 of 3
Department of Natural Resources and Mines
www.dnrm.qld.gov.au
Section 22
Vegetation Management Act 1999 – Amended Concurrence Agency
Response
Reference: Elvas #2006/012181, Trackjob # IC1106NAM0002
- Assessable vegetation associated with natural wetlands and watercourses are protected to maintain water
quality and habitat.
- The current extent of the of concern regional ecosystems and endangered regional ecosystems are
maintained.
- Areas of remnant vegetation are retained to maintain ecosystem functioning, remain in the landscape despite
threatening processes and maintain connectivity to adjacent properties.
- The current extent of essential habitat is maintained.
DNRM has directed the assessment manager to include conditions in any development approval given for the
application to ensure that any development approval remains consistent with the RaL Policy.
Delegate
Andrew Collins
Senior Natural Resource Management Officer
Delegate, Chief Executive Department of Natural Resources and Mines
Administering the Vegetation Management Act 1999
11 December 2012
Attachment 1. Referral Agency Response (Vegetation) Plan 2006/012181
CONDITIONS
1. 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, unless the clearing
is—
By fire under the Fire and Rescue Service Act 1990 to reduce hazardous fuel loads or an activity
under the Fire and Rescue Service 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.
2. New infrastructure must not be located in Area A (A1, A2, A3, A4, A5, A6) on Referral Agency
Response (Vegetation) Plan RARP2006/012181, unless the infrastructure is:
Stormwater drainage infrastructure located within previously cleared areas; or
Page 2 of 3 Department of Natural Resources and Mines
Section 23
Vegetation Management Act 1999 – Amended Concurrence Agency
Response
Reference: Elvas #2006/012181, Trackjob # IC1106NAM0002
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 B (B1, B1, B2, B3) on Referral Agency Response
(Vegetation) Plan RARP2006/012181, 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.
END OF CONDITIONS
Attachment 1. Referral Agency Response (Vegetation) Plan RARP2006/012181
Page 3 of 3 Department of Natural Resources and Mines
Section 24
5
SP222982
Derived Reference Points
All GPS points continue sequentially
902
SP163309
when labels are missing
3
SP182845 Point Easting Northing Parcel
959
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4 503846 7076871 A1
203
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!
48 503969 7076707 B1
540
! ! !
!
!
! ! ! ! ! !
49 503973 7076692 B1
0
! ! ! !! ! ! ! !
32
15
!
!! ! !
50 503975 7076689 B1
1
!
2
12 ! ! ! ! ! ! ! !
! 307 ! !
!
!
! !
! !
223279
! !
! !
! ! ! !
51 503994 7076680 B1
RP223279 4
70
! ! ! ! !
! !
RP849501 60 52 504010 7076675 B1
!! ! !! ! ! ! ! !
! ! ! !
!
! ! ! ! ! ! ! !
!! !
51 410 !! 53 504030 7076667 B1
!
! ! ! !
510
! ! !
54 504044 7076665 B1
!
!
!
!
!
545 55 504060 7076668 B1
! !
56 504072 7076673 B1
HOLLETT ROAD
! ! !
4 5 57 504081 7076677 B1
51 51
6
40
58 504101 7076672 B1
77 11 59 504107 7076674 B1
77
SP177938 SP177938 RP893393 60 504116 7076688 B1
LEGEND
SCALE 1:6000 @ A3 paper size
Referral Agency Response (Vegetation) Plan
´
0 100 200 300 400 500 600 m Subject Lot(s)
Plan of all Areas A & B in Lot 53 on SP163571
Projection: UTM (MGA Zone 56) Datum: The text continues on section 26.