Covering letter - 555 Louis Bazzo Dr.pdf

•   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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