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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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