Email re clearing including SARA email to applicant.msg

From: Michelle Huntley-walker
Date: 2021-08-04T00:19:05+00:00
To: Antoinette Becker

External sender. Do not open links or attachments if the email is unexpected or unusual or impersonates staff.


Morning Antoinette

I have just had a long chat to Danika from Sara and she said I can easily clear 1000sq2 because of all the exemptions especially the BAL. if it didn’t have the BAL then it would be different. 

So you let me know where I go from here. Danika has asked me to sent all 

Their exemptions to you. I am only wanting to clear 1000sq2 for the buildings. 

If you want us to build out the riparian area we have to get permission to build under power lines on the south west corner or if you want us to build in the north west corner we must get permission to build on damp ground. 




So basically we don’t care where we build and we not wanting to chop down 

Bush we just need to build there. 




So please advise. 

Thanks Antoinette

Regards Michelle 










Good morning Michelle,

 

Thank you for your email, I have reviewed your material and the site on our SARA DA mapping and can provide the following information:

 

Clearing within Koala habitat areas (KHA) that is also located within a Koala priority area (KPA) needs to comply with theexempted development provisions under Schedule 24 of the Planning Regulation 2017 (Planning Regulation) otherwise it is considered prohibited development, meaning you cannot lodge a development application seeking approval to clear the mapped koala habitat area. There are specific exemptions within the definition that may apply to the proposed clearing for a dwelling house and other structures at 64 Reserve Street, Pomona (Lot 189 on MCH1261).

 

As stated above, your site is mapped containing koala habitat area (KHA – area in green) and is also located in the koala priority area (hatched area in blue), please see image below:

 



 

Therefore, unless the proposed clearing can meet the exempted development definition (see information below), any proposed clearing of the mapped KHA is prohibited development.

 

Schedule 24 – Exempted development definition:

•            Exempted development (k):

Assuming the 500m2offered under item (k) has not yet been used (i.e. no clearing has occurred on site since 7 February 2020), the proposed clearing for the dwelling could constitute exempted development under item (k) of the exempted development definition. 

 

•            Exempted development (l):

Alternatively, the proposed infrastructure could constitute exempted development using both items (k) and (l) of the exempted development definition (e.g. the dwelling could be carried out under (k), shed, other structures, water and septic tanks could be carried out using (l)(iii) (as it relates to non-linear infrastructure). The (l)(iii) exemption allows up to 500m2 clearing for non-linear infrastructure. Therefore, this could result in a total clearing area of 1,000m2 for the dwelling and other non-linear infrastructure that can be carried out under exemption items (k) and (l).

There is also an exemption under (l)(i) for linear infrastructure such as road (aka driveway) and fence where you can clear up to 5m width.

 

To be able to utilise the (l) exemption, the proposed clearing will also need to comply with the accepted development vegetation clearing codes (ADVCC), please see link below:

https://www.qld.gov.au/environment/land/management/vegetation/clearing-codes <https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-au.mimecast.com%2Fs%2FujnzCk814EIrrX5f2A_YX%3Fdomain%3Dqld.gov.au&data=04%7C01%7C[email protected]%7Cf6356316aae94f2bb7a108d956dd7f23%7C99d9dd67b90f4999a44ef2d3700133b2%7C0%7C0%7C637636331601549801%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NSESFr9lu1ep%2FbKqm7xnfhUAeH1KOcj2dDnapLo28Vo%3D&reserved=0> . The ADVCC code called “clearing for infrastructure” is the one you need to address.

 

•            Exempted development (n)(vii):

This exemption applies to development that is or involves operational work that is the clearing of native vegetation in a koala habitat area (KHA) if the clearing is necessary for essential management and is qualifying clearing.

 

This is the exemption where you will need to get a specialist to assess the bushfire risk of the property and identify if firebreak is necessary to protect the dwelling and other infrastructure, and if so, how much clearing would be required. Note: There is limitations to the extent of clearing that can be carried out for firebreaks (20m or 1.5 times the height of the nearest tree whichever is greater).

 

You need to demonstrate to the council that your proposal is able to meet the above exemptions so they are happy to accept the development application for your dwelling and are satisfied it is not considered prohibited development under Schedule 10, Part 10 of the Planning Regulation. Below is the link to the Planning Regulation for your information.

 

https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2017-0078 <https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-au.mimecast.com%2Fs%2FN_q_Clx14GuAAPXF9r6bs%3Fdomain%3Dlegislation.qld.gov.au&data=04%7C01%7C[email protected]%7Cf6356316aae94f2bb7a108d956dd7f23%7C99d9dd67b90f4999a44ef2d3700133b2%7C0%7C0%7C637636331601559755%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=84LTrWEVFDk9I8WEfoQs%2BVDt5wH%2Fw%2B8PNx9AztFwTEg%3D&reserved=0> 

 

Please note, the above only applies if you propose to clear in the area mapped KHA. If you propose the clear in the area outside of the KHA, the exemptions are no applicable and the council will be required to carry out an assessment under Schedule 11 of the Planning Regulation – please discuss this further with council.

 

Below are links to the SPP mapping and SARA DA mapping which are also helpful for you with looking at the exemptions and the ADVCC.

https://spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/planmaking <https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-au.mimecast.com%2Fs%2FiyeiCmO54JiAAPWFBI7Wi%3Fdomain%3Dspp.dsdip.esriaustraliaonline.com.au&data=04%7C01%7C[email protected]%7Cf6356316aae94f2bb7a108d956dd7f23%7C99d9dd67b90f4999a44ef2d3700133b2%7C0%7C0%7C637636331601559755%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=xe0xm0MZAOYlJFgin4f8k0RZOdEpv0Ug9MbfNS6YwdQ%3D&reserved=0> 

 

https://dams.dsdip.esriaustraliaonline.com.au/damappingsystem/?accordions=SARA%20DA%20Mapping <https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprotect-au.mimecast.com%2Fs%2FMowjCnx14KuKK3mFZuQad%3Fdomain%3Ddams.dsdip.esriaustraliaonline.com.au&data=04%7C01%7C[email protected]%7Cf6356316aae94f2bb7a108d956dd7f23%7C99d9dd67b90f4999a44ef2d3700133b2%7C0%7C0%7C637636331601569717%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=sENup6t5kNvWT1XgQODW0IkiYvw9TRgQ3y6qXgG5xOk%3D&reserved=0> 

 

If the council is still not satisfied with the information you provide to demonstrate that your proposal does meet the exempted development provisions outlined above, then I recommend you seek formal pre-lodgement advice from SARA and we can formally review the proposed dwelling and other structures and advise whether the proposal is considered exempted development under the Planning Regulation. Please note, that in order for SARA to provide pre-lodgement advice, further information will be required such as location of dwelling house and other structures in context to the mapped KHA and include measurements of area proposed to be cleared in the mapped KHA. In absence of this additional information, SARA will not be able to provide meaningful advice.

 

I hope you find this information helpful, please feel free to give me a call if you have any questions regarding the above exempted development provisions.

 

Kind regards,

 

 



Danika Cowie

Principal Planning Officer

Planning and Development Services,

SEQ North

Department of State Development, Infrastructure,

Local Government and Planning

 

Microsoft teams –meet now

 

P 07 5352 9776

Level 3, 12 First Avenue, Maroochydore QLD 4558

PO Box 1129, Maroochydore QLD 4558

 

Work days – Monday, Tuesday, Wednesday and Thursday

 

 

statedevelopment.qld.gov.au


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