Information Request Response

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Information Request Item 1. – Clearing in Biodiversity

COUNCIL’S REQUEST

The application triggers assessment under Noosa Plan 2020 due to clearing vegetation identified as an area of
biodiversity significance on a Biodiversity, Waterways and Wetlands Overlay Map. It is noted that the applicant is
seeking a retrospective approval for unlawful clearing carried out on site as part of the application. It is unclear why
a development permit was not sought prior to clearing being carried out on site.

Additionally, aerial imagery indicates additional clearing was carried out on site in an area identified as an area of
biodiversity significance between 4 May 2023 and 26 May 2023 to accommodate the construction of a shed. The
extent of clearing carried out as part of this development is unclear, however the current application material does
not seek retrospective approval for these works.

INFORMATION REQUIRED
1.   Provide additional information outlining why a development permit was not sought prior to clearing
     being carried out on site for both the existing shed and proposed house site

APPLICANT’S RESPONSE
The owner has provided further detail on the extent of the vegetation clearing that was undertaken retrospectively
in the existing shed location & proposed house site and why a development permit was not sought prior to clearing
being carried out. This is further outlined below.

Clearing for existing Shed

Part of the building approval for the shed required written confirmation from the property owner’s that no clearing
of vegetation was required to accommodate the construction of the shed; A written response that no clearing was
required under the building footprint of the shed was provided and therefore a development permit for clearing
within the overlay was not sought. The owners of the property have since advised there was a natural clearing
under the shed footprint with a large section of the vegetation clearing for the existing shed involving the removal
of pest species such as Lantana and the removal of deadwood.

Additionally, the before and after aerial images Council refer too are not a fair depiction of the extent of clearing
works. The earlier aerial imagery has been taken in late autumn and includes heavy shadowing which could be
mistaken for vegetation in existing, naturally cleared areas.

Any additional vegetation clearing undertaken outside the building footprint may have been completed under
exempt clearing provisions or other reasons Project BA is unsure of. We now request to please include a
retrospective approval for these clearing works as part of the application for the proposed new dwelling. Refer to
Item 2 – applicant’s response to Council’s information request.

Clearing for proposed house site

The building footprint of the proposed house site was chosen as it was the most cleared & practical area for a
dwelling on the heavily vegetated site. These partially cleared areas can be identified in historic aerial imagery. A
group of Camphor Laurel trees (Cinnamomum camphora) were removed to facilitate the proposed building
footprint; This plant is identified as an invasive plant species as per the Noosa Biosecurity Plan 2020 & under the
Biosecurity Act 2014. Additionally, a large Fig tree was also removed in the centre of the proposed dwelling footprint
along with selected Wattle trees.

The owner advised the vegetation clearing was completed at short notice due to a last-minute availability of
machinery that enabled him to clear the house pad. This is a decision that the owners now regret. The property
owners are both apologetic for not seeking the required development permit for clearing within an area mapped as
Biodiversity Significance. To remedy the retrospective clearing the owner’s have planted close to 400 additional
plants on the property including:

    80 Lilly Pillies
    110 Red Robins (Photinias)
    40 Oriental Pearls
    40 Carissa Star
    Agapanthas, Tibouchina, Vibernums, Murrayas, - (136 total)

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Additional landscaping & planting has also been incorporated into the current proposal, in accordance with the
attached plans.

INFORMATION REQUIRED
2.   Amend the application to include a request for a development permit for clearing
     vegetation identified as an area of biodiversity significance on a Biodiversity, Waterways and
     Wetlands Overlay Map for the existing shed site.



APPLICANT’S RESPONSE

In accordance with the response to item 1 above, the building approval for the existing shed – (Council reference
– PC23/0700) required written confirmation from the property owner’s that no clearing of vegetation was required
to accommodate the construction of the shed; A written response that no clearing was required under the building
footprint of the shed was provided and therefore a development permit for clearing within the overlay was not
sought. Any additional vegetation clearing undertaken outside the building footprint may have been completed
under exempt clearing provisions or other reasons we are unsure of. Project BA would like to request a
development permit for the retrospective clearing of vegetation for the existing shed site. See attached revised
planning report to reflect this request.

The aerial image below (Figure 1) demonstrates an approximate 10m perimeter around the existing shed site for
areas subject to exempt clearing (outlined in green). As mentioned above, the owner’s advised there was always
a natural clearing where the shed is positioned and a section of the restropective clearing involved the removal of
Lantana & deadwood to faciliate construction. The owner’s are unaware of the type & species of any additional
clearing that may have been undertaken for the shed site.




         Figure 1: Aerial Image demonstrating a perimeter of approximately 10m around the existing shed
         structure.

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Figure 2 demonstrates additional clearing conducted outside the areas subject to exempt clearing (outlined in
pink). Appoximately 85m2 of additional clearing in an area of Biodiversity significance was undertaken without the
required Council development permit.




          Figure 2: Approximate area of retrospective clearing conducted outside exempt clearing provisions.

Should Council require any additional application material to reflect the inclusion of the retrospective development
permit for clearing vegetation identified as an area biodiversity significance on a Biodiversity, Waterways and
Wetlands Overlay Map for the existing shed site, please let us know.



Information Request Item 2. – Existing Dwelling

The application material indicates the existing dwelling house onsite will be decommissioned to a non-habitable
studio. Aerial imagery indicates that substantial works were carried out to the existing dwelling in 2023. It is unclear
what works are proposed to the dwelling to convert it to a non-habitable studio.

It is noted that a site inspection will be required to be undertaken by Council Officer’s upon receipt of the Information
Request response.

INFORMATION REQUIRED

3.   Provide additional information regarding the works proposed to decommission the existing
     dwelling.

APPLICANT’S RESPONSE

The existing dwelling was constructed in or around 1985 or 1986 and is approximately 40 years old. The structure
was previously used as a ‘weekender’ for the former property owner’s who owned the property for 15 years and
had a permanent residence in Brisbane. The current owner’s have advised the existing dwelling had become
dilapidated and overgrown. The aerial photo’s show the scaffolding around the dwelling which assisted in
undertaking small-scale self-assessable repair works in a safe manner. The repair works carried out included,
replacing gutters, soffits & re-painting. No major renovations were undertaken.

In order to decommission the existing dwelling on-site, both the kitchen and laundry facilities will be removed and
the structure will be re-classified to a class 10a non-habitable structure. The structure will be used for private art
storage & workshop.

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In regard to the site inspection, we request that Council please liaise with the owner directly to arrange access as
the site is secured by a locked gate. Please call Terry on: 0418 886 507.

Should you require any further information, please do not hesitate in contacting this office.


Regards,

Ruby Thrupp
Project BA