Covering letter - 555 Louis Bazzo Dr.pdf

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•   Mapped remnant vegetation and high value regrowth listed as ‘least concern’ and
    ‘endangered’ (respectively) under the Vegetation Management Act 1999 are present
    on the property
•   Much of the vegetation is mapped as core koala habitat, but is located outside of a
    koala priority area.

With regard to State interests, the following applies:
1. Schedule 10, Part 9, Division 4, Subdivision 2, Table 4 of the Planning Regulation 2017
   defines a development application for a material change of use as assessable
   development (other than an excluded material change of use) that is assessable
   development under a local categorising instrument, if all or part of the premises are
   within 25m of a State transport corridor. The works conform to the definition of an
   excluded material change of use as no change to access between the premises and a
   State transport corridor will occur and the works are for a dwelling house
2. Schedule 10, Part 3, Division 2 of the Regulation states that operational work that is the
   clearing of native vegetation on prescribed land is assessable development, unless the
   clearing is exempt clearing work or accepted development and is not considered
   prohibited development. The clearing of native vegetation for residential clearing is
   exempt development under Schedule 21, Part 2, Section 2(b) of the Planning Regulation
   2017.
3. Schedule 10, Part 10, Division 3, Subdivision 1, Section 16AB of the Regulation states
   that development is assessable where it involves interfering with koala habitat in koala
   habitat areas outside of koala priority areas, however this does not apply to the extent
   the development is exempted development. Reference to Schedule 24 of the
   Regulation states the following is exempt development as it relates to the site:
   • Clause (k) – Development other than development mentioned in any of paragraphs
       (a) to (j) of the definitions, that results in a total area on the premises of 500m2 or
       less of 1 or more koala habitat areas being cleared of native vegetation since 7
       February 2020, disregarding an area cleared of native vegetation if any of
       paragraphs (l) to (p) applies to the clearing
   • Clause (n) – Development that is or involves operational work that is the clearing of
       native vegetation in a koala habitat area if the clearing (vii) is necessary for essential
       management and is qualifying clearing.

    With regard to the exempt development described in Clause (k), no clearing of mapped
    core koala habitat is understood to have occurred on the land since 7 February 2020,
    and the clearing work required within the mapped core koala habitat to accommodate
    the proposed dwelling house and associated outbuildings amounts to 162m2 which is
    attributed to the small shed in the north. Accordingly, the proposed residence on the
    subject land is able to be sited within the 500m2 clearing permitted under Item (k).

    Regarding Clause (n)(vii), Schedule 24 of the Planning Regulation 2017 defines essential
    management to include clearing native vegetation:
    (a) for establishing or maintaining a necessary firebreak to protect infrastructure, other
        than a fence, road or vehicular track, if the maximum width of the firebreak is equal
        to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m,
        whichever is the wider.


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   (b) for establishing a necessary fire management line, if the maximum width of the
       clearing for the fire management line is 10m.

   The bushfire attack level assessment completed for the site confirms that clearing to
   form a setback distance of 24m to the west and 20m to the east of the dwelling house
   is required to achieve a BAL 29 construction standard under AS3959. This equates to
   the 29kW/m2 radiant heat exposure assessment benchmark nominated under the SPP
   Guidelines. Advice received from SARA confirms that if the vegetation clearing is
   restricted to that which is required to facilitate an adequate asset protection zone for
   land use activities within the definition of a dwelling house, as determined by the
   specialist bushfire report, the project will not trigger assessment, as it will comprise
   exempt clearing for fire management. The bushfire hazard assessment requires a
   cleared area of approximately 3,155m2 of mapped core koala habitat to be cleared to
   provide an asset protection zone around the proposed dwelling (including the
   residence and the two proposed sheds). This is less than the maximum 1.5 times the
   height of the adjacent mature vegetation (42m tall) permitted under the Regulation
   and accordingly, the clearing is able to occur under the exemption for essential
   management.

On this basis, the proposed development is not assessable development under State
legislation and therefore referral to the State Assessment Referral Agency is not required.

Under Table 5.5.13 of the Noosa Plan 2020, a dwelling house is accepted development in
the rural zone, subject to requirements of the Rural zone code and the Low density housing
code. The development complies with the nominated acceptable outcomes of the
respective codes and can proceed as accepted development.

On a local level, the site is subject to the following overlays:
• Agricultural land
• Biodiversity, waterways and wetlands overlay
• Bushfire hazard overlay
• Flood hazard overlay
• Landslide hazard overlay.

A material change of use for a dwelling house involving clearing vegetation identified as
area of biodiversity significance, on land subject to the Biodiversity, waterways and
wetlands overlay is subject to code assessment. Section 5.9 of the Noosa Plan 2020
confirms that assessment against the relevant overlay codes is not required for a dwelling
house for the Agricultural land overlay, the Bushfire hazard overlay, the Flood hazard
overlay or the Landslide hazard overlay. In this regard, the development has been assessed
against the Biodiversity, waterways and wetlands overlay code for the loss of 6,200m2 of
vegetation mapped matters of State environmental significance (MSES) environmental
values and areas of biodiversity significance. This includes areas to the south that comprise
stockpiles of topsoil intended to be used to rehabilitate the area of the former extractive
industry. Of note, 1,743m2 of the area affected by the overlay is already subject to exempt
clearing for bushfire management around the existing shed established on the property.



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A material change of use development application has been prepared for the project. The
following information has been provided in support of this application:
• DA Form 1
• Land owner’s consent
• Planning report addressing specific requirements under the Noosa Plan 2020 and
    including:
    o Design plans of the development
    o The Noosa Plan 2020 Site Report showing overlay mapping
    o A Site and Soil Evaluation for On Site Effluent prepared by Australian Soil
        Investigations
    o A protected plants clearing permit granted by the Department of Environment,
        Tourism, Science and Innovation
• An Ecological Assessment Report responding to the requirements under Council’s
    Biodiversity, waterways and wetlands overlay code and documenting clearing
    requirements for the development
• A Bushfire Attack Level Assessment nominating asset protection zone requirements for
    the proposed dwelling.

We trust the above information is to your satisfaction. Please do not hesitate to contact
the undersigned should you have any queries in relation to this matter.


Yours faithfully,



Daniel Willis
Urban Catalyst 3 Pty Ltd
Director




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