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Attachment K Biodiversity code
Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot 6 on RP484414 ________________________________Attachment K Attachment K: Biodiversity Overlay Code
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Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot
6 on RP484414
Specific Outcomes for the Biodiversity Overlay Code
Table 13.2
Specific Outcomes Probable Solutions Proposal Response
Environmental Protection Area &
Environmental Enhancement Area
vegetation & Riparian Buffer Area
O1 Vegetation of local origin on premises S1.1 An Ecological Assessment Report Refer to Attachment G for a Fauna and
identified as – prepared in accordance with Planning Flora Assessment. The report assesses
a) Environmental Protection Area or Scheme Policy 18 – Ecological the impacts of the proposed works and
Riparian Buffer Area on the Biodiversity Assessment Guidelines demonstrates indicates that the careful positioning of
Overlay maps OM1.1 to OM9.1, is that the flora on the premises does not buildings will enable the retention of large
retained and conserved in its present form constitute Environmental Protection Area trees in the construction zone. The
or improved to ensure its ongoing or Environmental Enhancement Area applicant has also voluntarily identified an
contribution to the natural resources and vegetation.11 OR area of the site suitable for offset planting.
biological diversity of the Noosa Shire;
and S1.2 Where constructing a Detached
b) Environmental Enhancement Area House; or Community residence
on Biodiversity Overlay Maps OM1.1- interference with vegetation does not
OM9.1, extend beyond—
i. is protected from the impacts of a) 30m of a building or 10m of a structure
development by on lots greater than 10ha; or
i.avoiding edge effects; b) 10m of a building or structure on lots
ii. avoiding fragmentation; and 10ha or less but more than 0.3ha; or
iii. maintaining vegetation in manageable c) 3m of a building or structure on lots
and viable configurations. 0.3ha or less.
AND
S2.1 Where clearing vegetation on the
O2 For the purpose of Reconfiguring a Lot premises is for the purpose of
new lots are only created where they Reconfiguring a Lot—
minimise the fragmentation and maximise a) new boundaries to lots do not transect
the retention of the existing vegetation. and fragment existing vegetation;
b) new lots are created to allow for
suitable house site areas or other future
buildings and works to be located within
existing cleared areas or areas of low
ecological value; and
c) building envelopes are designated for
each lot.
O3 Clearing vegetation only occurs S3.1 No solution provided The development has been located within
where— proximity to the existing development on
a) no other suitable cleared or partially site within exiting cleared areas. A section
cleared area is available on the premises; of the Northern Fire Management zone
b) the development minimises the total extends into the mapped Environmental
footprint within which all activities, Enhancement Area and
buildings, structures, driveways and other recommendations have been made to
works are contained; and retain significant vegetation. The majority
c) the development is located in areas of of the site is to be retained in its natural
low ecological value over other areas, to state.
the greatest extent practicable.
Wetlands
O4 Wetlands are protected from removal S4.1 A minimum separation distance of Development is separated from wetlands
or degradation and any adverse impacts 100m is provided between a wetland and and watercourses.
on wetlands are prevented, minimised or any adjacent development or use.
mitigated by—
a) maintaining adequate separation
between the wetland and any adjacent
development or use;
b) minimising any modification of the
natural characteristics of the wetland,
including the topography, surface and
groundwater hydrology, water quality and
flora and fauna species;
c) preventing any new development within
wetlands;
d) minimising access to the wetland;
e) minimising impacts associated with
pest insect control and invasion by
undesirable plant species; and
f) providing for the rehabilitation and
replanting of degraded wetlands
Riparian Zones
O5 The biodiversity and ecosystem S5.1 No new development occurs on, or The Riparian Buffer extends 100 metres
values of watercourses, drainage lines, partly on, premises indicated as Riparian from the watercourse that crosses the
wetlands and adjacent riparian zones are Buffer Area on Biodiversity Overlay Maps western portion of the site. An extension
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Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot
6 on RP484414
protected by— OM1.1 to OM9.1, except for— to the office building is proposed for an off
a) avoiding any new development in the a) temporary use of the land; or compound meditation hall. The location of
riparian buffer area; b) infrastructure which provides access to the hall is an area that is currently cleared,
b) retaining aquatic and terrestrial habitat a watercourse for recreational purposes; does not require removal of vegetation,
in riparian zones; OR does not impact on the waterway and
c) maintaining wildlife corridors along maintains existing corridors that are
watercourses and drainage lines for S5.2 Where constructing a Detached located around the boundaries of the site.
native fauna movement; house or Community residence and on an Stormwater and effluent disposal from the
d) avoiding edge effects and incompatible allotment situated wholly within the building will be able to be appropriately
uses in riparian zones; Riparian Buffer Area, treated to maintain water quality.
e) maintaining bank stability by minimising a) fronting the Noosa River –
bank erosion and slumping; development is setback a minimum of
f) maintaining water quality by filtering 40m from mean high water spring or as
sediments, nutrients and other pollutants; otherwise prescribed by the
and g) removing undesirable plant Environmental Protection Agency’s
species and replacing them with Erosion Prone Area Maps;13
vegetation of local origin; b) not fronting the Noosa River –
development is located outside the
riparian zone and setback a suitable
distance from the watercourse having
regard to the development constraints of
the property and the need to protect
environmental and riparian values; OR
S5.3 For Animal husbandry on premises Not applicable
in the Rural Zone—
a) stock proof fencing is installed along
watercourses at a distance of no less than
10m from the top of the bank;
b) stock watering points are located no
less than 15m away from the top of the
bank of watercourses; and c) stock
crossing points across watercourses are
defined and controlled with stock proof
fencing, to prevent stock from damaging
riparian vegetation or banks to
watercourses; OR S5.4 Recreational
facilities (including playgrounds, pergolas,
barbeques etc) are setback a minimum of
30m from the top of the bank of a
watercourse and 10m from the top of the
bank of a drainage line; OR S5.5 For
Forestry uses the cultivated area is
separated from watercourses by a
distance not less than the distances
identified below, measured from high
water mark or the top of the bank,
whichever is the greater distance—
Feature Distance Stream order 1 or 2 5 m
Stream order 3 or 4 10 m Stream order
greater than 4 20 m AND
S5.6 Where Forestry is carried out on that
part of premises indicated as Riparian
Buffer Area and outside the separation
distances specified in S5.5—
a) species planted are of local origin and
are harvested through sustainable
harvesting; and
b) any undesirable plant species are
replaced by vegetation of local origin.
Managing public access and edge
effects
O6 Development on land adjacent to a S6.1 Development adjacent to a No new lots or road proposed.
waterway or wetland maintains an waterway or wetland provides that—
appropriate extent of public access to a) no new lots directly back onto the
waterways and wetlands and minimises riparian area; and
edge effects. b) new public roads are located between
the riparian buffer and the proposed
development areas.
Koala Habitat Areas
O7 Development is designed, constructed S7.1 Development avoids removing and Attachment G indicates that there will be
and operated to— fragmenting koala habitat and includes clearing within the Koala Habitat Core
a) avoid adverse impacts on koalas and koala sensitive design measures area however this clearing is exempt
koala habitat; consistent with the Nature Conservation development under the Planning
b) provide measures to assist the survival (Koala) Conservation Plan 2006 and Regulation and no offset is required. The
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Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot
6 on RP484414
of koala populations in the area to mitigate Management Program 2006- 2016 and application however is willing to undertake
any potential threats or risks to koalas; Koala Sensitive Design Guideline 201214 replanting on areas of the site as part of
c) provide for safe and appropriate koala . any approval.
movement across the landscape; and S7.2 Where clearing of non-juvenile
d) provide for a net gain in mature and koala habitat trees is unavoidable in an
actively regenerating koala habitat. area shown as bushland habitat, high
value rehabilitation habitat or medium
value rehabilitation habitat on the map
called ‘Map of Values’ 15, such clearing is
minimised and a biodiversity offset is
provided in accordance with the
Queensland Environmental Offset Policy.
Open space networks & ecological
linkages
O8 Open space networks and ecological S8.1 Vegetation and ecological linkages Vegetation linkages will be maintained as
linkages are maintained and enhanced to are enhanced through revegetation, buildings located around existing
provide for safe movement of fauna and rehabilitation and vegetation maintenance development on site. It is noted that the
viable connectivity between ecologically in areas indicated in Schedule 5 on Map 4 bulk of the site will be retained in its
important areas by protecting and - Open Space Networks in such a way as current vegetated state
replanting vegetation of local origin— to—
a) along and around watercourses, a) ensure protection of wildlife refuges;
wetlands, drainage lines and ridgelines; b) facilitate the dispersal and movement
and of native wildlife; and
b) as linkages between areas of remnant c) maintain vegetation in patches of the
vegetation, including— greatest possible size and with the
i. across property boundaries; smallest possible edge-to-area ratio. AND
ii. to areas of national park, conservation
park, State forest or reserve; and S8.2 Development is sited and designed As above.
iii. into adjoining local government areas. to—
a) maximise the ecological connectivity of
vegetation within the site and to adjacent
sites;
b) to avoid creating physical barriers and
safety hazards (such as roads, pedestrian
access and in-stream structures) to the
movement of fauna along and within the
ecological linkage; and
c) provide mitigation measures such as
wildlife movement infrastructure, fauna
exclusion and directional fencing,
underpasses, overpasses and traffic
calming devices, signage and lighting
Scenic amenity
O9 The scenic amenity and vegetated S9.1 and S10.1 Vegetation is retained Complies - new development has been
character of the locality and its and enhanced— located in areas predominantly cleared
watercourses, drainage lines, sloping land a) within 30m of prominent ridgelines and and close to existing buildings on site. .
and ridgelines is retained and enhanced; hill slopes;
AND b) in gullies;
O10 Vegetation which makes a positive c) along watercourses and drainage lines;
contribution to the streetscape or major and
road network is retained. d) within 10m of road reserves.
Habitat trees
O11 Habitat trees (including dead trees) S11.1 No clearing of koala habitat trees Refer Attachment G.
and recruitment habitat trees are greater than 4m in height or with a
protected for native fauna habitat, where diameter greater than 100mm at 1.3m
practicable. above the ground; AND
S11.2 No clearing of other habitat trees or
recruitment habitat trees.
Lake Macdonald
O12 Vegetation within 400m of the full No solution provided. N/A
ponded water within Lake Macdonald is
retained.
Steep slopes
O13 Vegetation on steep slopes is No solution provided N/A
retained and managed to avoid erosion
and landslide and to protect natural
resources and values.
Engineering and site works
O14 Development is sited and designed S14.1 Works, including roads, driveways, Proposed buildings are located in areas
to— a) provide adequate separation fences, sewer lines and other close to existing buildings and
distance between the vegetation to be infrastructure— infrastructure to limit clearing on site. The
protected and the development to avoid a) do not transect areas of vegetation; or bulk of the site is to be retained in its
disturbing, destabilising and b) are co-located within a combined utility natural state with significant wildlife
deoxygenating any tree or altering the corridor; and corridors provides around the site.
drainage; c) provide for fauna underpasses, speed
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Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot
6 on RP484414
b) avoid traversing or fragmenting reduction devices and associated fencing,
vegetation or habitats for significant flora lighting and warning signs, where
or fauna species; and appropriate; AND
c) avoid creating barriers to faunal S14.2 Development within or adjacent to No new fencing is proposed.
movement areas of vegetation, incorporate fauna
friendly fences; AND
S14.3 Vegetation is protected from Proposal able to comply with
interference resulting from clearing or requirements.
construction activities by—
a) clearly marking vegetation to be
retained with flagging tape;
b) installing protective fencing around the
dripline of the vegetation and avoid filling
and excavation in these fenced areas;
and c) ensuring stock piling, storage and
vehicle parking occur outside the
identified vegetation areas; AND
S14.4 Low impact construction Proposal able to comply with
techniques are used around vegetation to requirements
minimise interference with the vegetation.
Filling and excavation
O15 Vegetation is not adversely impacted No solution provided Proposal able to comply.
upon by earthworks and changes to the
hydrological regime, including changes to
ground water levels, flooding levels, run-
off and tidal hydraulics.
Replanting and rehabilitation
O16 Development provides for S16.1 Landscaping and rehabilitation The applicant has indicated that they are
ecologically important areas to be complements and supports ecologically willing to undertake revegetation on site
restored and enhanced through the important habitats by— and have detailed an offset planting area.
following measures— a) siting a) utilising native plants of local origin;
landscaped areas to complement and b) utilising suitable plant species identified
enhance existing vegetation; b) removal in PSP3 – Landscaping Plants and
of all species likely to displace native flora Guidelines;
species or degrade fauna habitat; c) c) replicating adjacent remnant habitats,
replanting and rehabilitating16 degraded including understorey vegetation;
habitat; and d) replacing any vegetation d) creating or enhancing linkages
removed with suitable replacement between existing habitats;
vegetation of local origin. e) avoiding the use of undesirable plant
species listed in Table 9.1 of PSP3
Landscaping Plants and Guidelines; and
f) planting riparian zones to filter
stormwater run-off and provide for wildlife
habitat; AND
S16.2 Vegetation removed is replaced
with—
a) plantings of equivalent area that
replicate the floristic structure of the
vegetation removed; or
b) where this is not possible due to the
characteristics of the site and the
development, plantings twice the number
of the removed trees and plants of local
origin.
Fire management
O17 Fire management measures are No solution provided Refer Attachment H - Bushfire
adopted based on ecological principles, Management Plan prepared by Wollemi
which— Eco-Logical. The report concludes that
a) maintain and enhance biodiversity; the bushfire hazard is not considered
b) minimise threat of fire to the natural extreme of unmanageable given the
environment, life and property; and existing development footprint and
c) provide for effective use and associated low potential hazard and
maintenance of buildings and structures. appropriate setbacks.
Clearing protected vegetation in the
protected vegetation overlay area
O18 Clearing protected vegetation does No solution provided Refer to Attachment G.
not involve—
a) the removal of vegetation in
ecologically important areas;
b) removal of vegetation or habitat for
fauna identified or referred to as requiring
protection in State or Commonwealth
legislation;
c) removal of vegetation located on a
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Development Permit for Other Change to an Educational Establishment at 35 Rules Road, Pomona and described as Lot 6 on RP484414 prominent hillside, slope or ridgeline; d) vegetation within 400 metres of the full level of ponded water within Lake Macdonald; e) removal of riparian vegetation; f) vegetation which is or is capable of forming or contributing to a buffer between different land uses; g) vegetation which is or is capable of forming or contributing to a visual buffer or a buffer against pollution, light spillage or noise; h) vegetation which contributes to scenic amenity or landscape quality; i) vegetation the clearing of which may cause or contribute to erosion or slippage O19 Clearing protected vegetation does No solution provided Refer to Attachment G. not increase the likelihood of or result in adverse impacts on— a) remnant vegetation of local origin, classified as remnant of concern regional ecosystem or remnant endangered regional ecosystem or is vegetation located in a wetland; b) the diversity of flora or fauna species supported or likely to be supported by the vegetation community; c) a flora or fauna community or individual species which has conservation status in State or Commonwealth legislation; d) hydrology of an area or upon a hydrologically-sensitive plant community such as heathland, sedgeland, melaleuca forest or mangrove forest; e) a water catchment area or water quality; f) vegetation which has cultural heritage values; g) vegetation required to support, protect and maintain biodiversity values within the Noosa Shire, whether these be of local, regional, state or national significance; h) a person or industry reliant on maintaining the vegetation; or i) neighbouring land, scenic amenity and environmental values.