2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                15 JANUARY 2018


3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
    Tewantin & Doonan Locality Code
    Reconfiguring a Lot Code
    Water Sensitive Design Code
    Transport, Roads and Drainage Code
    Landscaping Code
    Waste Management Code
Locality Provisions
The subject site is located in the Tewantin & Doonan Locality and is zoned Detached Housing.
The proposed reconfiguration is consistent within the Locality provisions and the surrounding
residential area and is required to follow a code assessable application process.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below.
Proposed lots
All proposed lots achieve the minimum lot size requirement of 600m2 for the Tewantin Locality
and have an average lot size (excluding the large balance lot with the existing dwelling – lot 9) of
632m2. All lots meet the minimum width requirements.
The Biodiversity Overlay for the protection of vegetation applies to a small portion of the south
eastern corner of the site, while the riparian buffer applies to the eastern edge of the property.
The applicant proposes to address the Biodiversity Overlay by proposing two environmental
covenants within Lot 9. While environmental covenants would provide a level of protection for the
riparian buffer and the vegetation located in the south eastern corner, the dedication of this land
to Council for conservation purposes would afford a higher level protection. This dedication is
considered warranted given the importance of the Noosa River and riparian buffers to the river’s
water quality and as a wild life corridor. It is also recommended that a condition require the
inclusion of land behind the existing dwelling, beyond the fence line to the eastern boundary to
be also dedicated as public land/park.
The vegetation includes scattered semi-mature and mature trees comprising mango trees,
Moreton Bay Ash, Blue Gums, Turpentines and garden species. The understory is mown grass.
The supporting documents submitted with the application note that existing vegetation on site
outside the proposed covenant areas will be retained where appropriate.
There are three mature mango trees are located in proximity to the north western corner of the
proposed lot 9. It is likely two of the mango trees will remain in the lot, with one being removed to
facilitate the new road. It should be noted the clearing of orchard tree species is an exempt
activity under the planning scheme provisions for vegetation management and no permit is
required from Council to undertake this activity.
However, it is most likely that works associated with reconfiguration and future development of
the site will result in the removal of a significant amount of the site’s existing native vegetation.
The retention of large mature trees within the lots is not considered feasible nor prudent in area
intended to be developed for standard residential house lots. Some smaller groupings of trees
may be able to be retained within the lots and/or on road reserve. It is also considered the
dedication of the land areas marked Covenant A and B as public land will provide opportunity to
retain large mature trees within a public space and contribute to the ecological values associated
with the Noosa River and its riparian buffer areas.


                                                                                    Page 78 of 135