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Att 4 - Updated Bushfire Hazard Overlay Code

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 Noosa Plan 2020: Amendment 3
 Part 8 Overlays \ 8.2 Overlay codes \ 8.2.3 Bushfire Hazard Overlay Code




8.2.3                         Bushfire Hazard Overlay Code

8.2.3.1                       Application
(1)    This code applies to assessable development:
       (a) subject to the Bushfire Hazard Overlay shown on the overlay maps contained within Schedule 2 (Mapping); and
       (b) identified as requiring assessment against the Bushfire Hazard overlay code by the tables of assessment in Part 5 (Tables of assessment).
(2)    All provisions in this code are assessment benchmarks for applicable assessable development.

Editor's note—PSP 8 - Natural Hazards provides guidance on preparing bushfire hazard assessments and mitigation reports.



8.2.3.2                       Purpose and overall outcomes
(1)    The purpose of the Bushfire Hazard overlay code is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property,
       economic activity and the environment.
(2)    The overall outcomes sought for the Bushfire Hazard overlay code are:
       (a) Development in areas at risk from bushfire hazard is compatible with the nature of the hazard.
       (b) The risk to people, property and the natural environment from bushfire hazard is minimised.
       (c) Development does not result in a material increase in the extent and severity of bushfire hazard.
       (d) Bushfire risk mitigation treatments are accommodated in a manner that avoids or minimises impacts on the natural environment and ecological processes.
       (e) Development supports and does not unduly burden disaster management response or recovery capacity and capabilities.
       (f)  Community infrastructure essential to the health, safety and wellbeing of the community is located and designed to function effectively during and immediately
            after a bushfire event.
       (g) Development avoids the release of hazardous materials as a result of a bushfire hazard event.

8.2.3.3                       Assessment Criteria

Table 8.2.3.3.1 - Criteria for assessment

 Performance outcomes                                        Acceptable outcomes                                           Comments

 Safety of People and Property

 PO1                                                         AO1.1                                                         PO1 – Complies
                                                                                                                           The proposal maintains the safety of people and
                                                                                                                           property from the adverse impacts of bushfire. The

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Development maintains the safety of people and            Development which will materially increase the number              short-term accommodation is to occur within an
property from the adverse impacts of bushfire.            of people living or congregating on premises, including            existing approved small dwelling that is already
                                                          reconfiguring a lot, is not located within a medium or             lawfully established on the site. No new building
                                                          high bushfire hazard area.                                         work, earthworks or vegetation clearing are
                                                          AO1.2                                                              proposed.
                                                          Development maximises setbacks from hazardous
                                                          vegetation to achieve an acceptable risk.                          The dwelling is not located within a mapped medium
                                                          Editor’s Note —PSP8 Natural Hazards provides guidance              or high bushfire hazard area, but rather within the
                                                          for assessing bushfire hazard risk and preparing a bushfire        Potential Bushfire Impact Buffer only. The existing
                                                          hazard management plan.                                            siting of the dwelling provides substantial separation
                                                          Editor's Note - refer to State Planning Policy guidance            from hazardous vegetation and does not give rise to
                                                          material for Natural hazards, risk and resilience for details on   an unacceptable bushfire risk.
                                                          reducing risks to vulnerable uses
                                                                                                                             In those circumstances, the proposal maintains an
                                                                                                                             acceptable level of safety for people and property.

                                                                                                                             AO1.1 – Complies
                                                                                                                             The proposal does not involve development within a
                                                                                                                             medium or high bushfire hazard area. The small
                                                                                                                             dwelling proposed for short-term accommodation is
                                                                                                                             located within the Potential Bushfire Impact Buffer
                                                                                                                             only.

                                                                                                                             Further, the proposal does not materially increase
                                                                                                                             the number of people living or congregating on the
                                                                                                                             premises, particularly noting that the application
                                                                                                                             reduces the scale of approved short-term
                                                                                                                             accommodation on the land from the existing larger
                                                                                                                             five-bedroom dwelling to a one-bedroom small
                                                                                                                             dwelling.

                                                                                                                             AO1.2 – Complies
                                                                                                                             The existing approved small dwelling is sited to
                                                                                                                             maximise separation from hazardous vegetation and
                                                                                                                             achieve an acceptable level of bushfire risk.

                                                                                                                             The dwelling is located up to 70 metres from
                                                                                                                             mapped hazardous vegetation, which provides


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                                                                                                                         substantial setback from the bushfire hazard and
                                                                                                                         supports an appropriate level of protection for the
                                                                                                                         use.
Impacts on Ecologically Important Areas

PO2                                                       No acceptable outcome provided                                 PO2 – Complies
Bushfire mitigation measures do not adversely impact                                                                     Bushfire mitigation measures do not adversely
on:                                                                                                                      impact on biodiversity values, ecological
(a) biodiversity values, connectivity and ecosystem                                                                      connectivity, ecosystem functioning, or the long-term
     functioning; and                                                                                                    physical integrity of waterways, wetlands and areas
(b) the long term physical integrity of waterways,                                                                       of native vegetation.
     wetland and areas of native vegetation.
                                                                                                                         The proposal does not involve any new building
                                                                                                                         work, earthworks, vegetation clearing or new
                                                                                                                         mitigation works. Rather, the short-term
                                                                                                                         accommodation is to occur within an existing
                                                                                                                         approved small dwelling that already benefits from
                                                                                                                         established siting and separation from hazardous
                                                                                                                         vegetation.

                                                                                                                         In those circumstances, bushfire mitigation relies on
                                                                                                                         the existing cleared setting and setbacks, without
                                                                                                                         encroachment into ecological areas or disturbance to
                                                                                                                         waterways, wetlands or native vegetation.

                                                                                                                         Accordingly, the proposal maintains bushfire safety
                                                                                                                         outcomes without generating adverse environmental
                                                                                                                         impacts.
Water Supply for Fire Fighting Purposes

PO3                                                       AO3.1                                                          PO3 – Complies
Development provides an adequate water supply for         Premises are connected to the reticulated water                The proposal provides an adequate water supply for
fire fighting purpose which is reliable, safely located   supply.                                                        firefighting purposes that is reliable, safely located
and freely accessible.                                    Editor's note—For reconfiguring a lot, water supply needs to   and freely accessible. The site is not connected to a
                                                          provide for a minimum flow and pressure of 10 litres a         reticulated water supply. However, the existing
                                                          second at 200kPa at all times for fire fighting purposes.      approved small dwelling is supported by an
                                                          OR                                                             approved pool of 6,500l which is located adjacent to
                                                          AO3.2


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                                                          Where there is no available reticulated water supply,         the building and is able to be used for fire fighting
                                                          the premises has:                                             purposes.
                                                          (a) an accessible dam, swimming pool or water tank
                                                                available for fire fighting purposes with an onsite
                                                                water volume of not less than 5,000 litres; and         In those circumstances, the proposal maintains an
                                                          (b) a water supply outlet pipe 50 millimetres in              appropriate and accessible firefighting water source
                                                                diameter fitted with a standard fire brigade fitting    for the use.
                                                                connected to the water supply (other than where
                                                                the water supply is in a swimming pool or dam).         AO3.1 – Not applicable
                                                          Editor’s Note—Water supply capacity for fire fighting
                                                          purposes is in addition to water supply capacity for other    AO3.2 – Complies
                                                          uses and activities on the premises.                          Where reticulated water supply is not available, the
                                                                                                                        premises provides an alternative firefighting water
                                                                                                                        supply. The planning material confirms that the site
                                                                                                                        has an approved swimming pool of 6.500l available
                                                                                                                        for firefighting purposes.

                                                                                                                        The available water volume is identified as sufficient
                                                                                                                        to meet the firefighting needs of the premises.
Essential Community Infrastructure

PO4                                                       AO4.1                                                         PO4 – Not applicable
Essential community infrastructure is able to function    Development involving essential community                     The proposal does not involve essential community
effectively during and immediately after bushfire         infrastructure is not located within a medium or high         infrastructure.
events.                                                   bushfire hazard area.
                                                          OR                                                            AO4.1 – Not applicable
                                                          AO4.2
                                                          Where located in a medium or high bushfire hazard             AO4.2 – Not applicable
                                                          area, development involving essential community
                                                          infrastructure is designed to function effectively during
                                                          and after a bushfire event in accordance with a
                                                          Bushfire Hazard Management Plan.
                                                          Editor’s Note— PSP8 Natural Hazards provides guidance
                                                          for assessing bushfire hazard risk and preparing a bushfire
                                                          hazard management plan.

Hazardous Materials



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PO5                                                       AO5                                                       PO5 – Complies
Public safety and the environment are not adversely       Hazardous materials are not manufactured or stored in     Public safety and the environment will not be
affected by the impacts of bushfire on hazardous          bulk in a bushfire hazard area.                           adversely affected by the impacts of bushfire on
materials manufacturing or storing in bulk.                                                                         hazardous materials manufacturing or bulk storage.

                                                                                                                    The proposal is for short-term accommodation within
                                                                                                                    an existing approved small dwelling only. No
                                                                                                                    hazardous materials are manufactured or stored in
                                                                                                                    bulk on the premises as part of the proposed use.
                                                                                                                    Accordingly, the development does not give rise to
                                                                                                                    any bushfire-related risk associated with hazardous
                                                                                                                    materials.

                                                                                                                    AO5 – Complies
                                                                                                                    Hazardous materials are not manufactured or stored
                                                                                                                    in bulk on the site in connection with the proposed
                                                                                                                    short-term accommodation use.
Access and Evacuation Routes

PO6                                                       AO6.1                                                     PO6 – Complies
Roads provide for easy and safe evacuation of             The road layout provides for through-roads and avoids     Road access to the premises provides for safe
residents of premises and access by emergency             cul-de-sacs and dead-end roads.                           evacuation of occupants and access by emergency
services.                                                 OR                                                        services during a bushfire event. The proposal does
                                                          AO6.2                                                     not involve any change to the existing road layout or
                                                          The development has a perimeter road reserve with a       access arrangements.
                                                          minimum width of 20 metres and maximum gradient of
                                                          12.5%.                                                    The approved small dwelling is already served by an
                                                          OR                                                        existing high quality access road, and the bushfire
                                                          AO6.3                                                     assessment material confirms that access roads are
                                                          Cul-de-sacs or no-through roads are provided with fire    well maintained, provide all-weather entry and
                                                          trails or access easements, which are capable of being    evacuation options, and are capable of
                                                          navigated by conventional vehicles and which link to      accommodating emergency vehicles and personnel.
                                                          through roads.
                                                          AO6.4                                                     In those circumstances, the proposal maintains safe
                                                          Safe access and egress is available at all times to all   and effective access and egress for both occupants
                                                          of the development for emergency vehicles and             and emergency response.
                                                          personnel.                                                AO6.1 – Not applicable
                                                          AO6.5                                                     This acceptable outcome is not relied upon. The


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                                                          Where an emergency access point is required, it              proposal does not involve any subdivision or new
                                                          complies with the relevant works codes and PSP6              road layout and does not alter the existing
                                                          Engineering Design Standards.                                established access arrangements to the approved
                                                                                                                       small dwelling.

                                                                                                                       AO6.2 – Not applicable
                                                                                                                       This acceptable outcome is not relied upon.

                                                                                                                       AO6.3 – Not applicable
                                                                                                                       This acceptable outcome is not relied upon.

                                                                                                                       It is a use change within an existing approved small
                                                                                                                       dwelling only.

                                                                                                                       AO6.4 – Complies
                                                                                                                       Safe access and egress is available at all times for
                                                                                                                       emergency vehicles and personnel. The bushfire
                                                                                                                       assessment material confirms that the access roads
                                                                                                                       are well maintained, unobstructed, and provide
                                                                                                                       reliable entry and evacuation options for emergency
                                                                                                                       response.

                                                                                                                       AO6.5 – Not applicable

Lot Design

PO7                                                       AO7                                                          PO7 – Complies
Lot design and building siting minimises bushfire         Each residential lot:                                        The lot design and siting of the existing approved
hazard risk to people and property.                       (a) includes a building envelope, identified on a plan       small dwelling minimise bushfire hazard risk to
                                                               of subdivision;                                         people and property.
                                                          (b) is of sufficient size and shape to allow for efficient
                                                               emergency access to buildings for fire fighting         The proposal does not involve any new building
                                                               appliances (e.g. by avoiding battle-axe/hatchet         work, reconfiguration of the lot, or change to the
                                                               lots and long narrow lots with long access              established siting of the dwelling. The small dwelling
                                                               driveways to buildings);                                is already located within the lower hazard part of the
                                                                                                                       site, within the Potential Bushfire Impact Buffer only,
                                                          (c) where more than 2500m2, achieves setbacks
                                                                                                                       and maintains substantial separation from hazardous
                                                               from hazardous vegetation in line with Bushfire
                                                                                                                       vegetation.


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                                                                Attack Level 29 requirements as per AS3959;
                                                                and                                                   The planning material identifies that the dwelling is
                                                          (d)   is designed so that buildings and structures are      located up to 70m metres from mapped hazardous
                                                                sited in locations of lowest hazard within the lot    vegetation, achieving a BAL 12.5 outcome and
                                                                and elements of the development least                 maintaining an acceptable level of bushfire safety for
                                                                susceptible to fire are closest to the fire hazard.   the proposed use.

                                                                                                                      It is also relevant that the existing dwelling was
                                                                                                                      previously subject to building certification, which
                                                                                                                      required consideration of the relevant bushfire
                                                                                                                      construction and siting requirements.

                                                                                                                      This further supports the conclusion that the existing
                                                                                                                      siting and built form are appropriate having regard to
                                                                                                                      bushfire hazard risk.

                                                                                                                      AO7 – Complies
                                                                                                                      The existing lot and dwelling siting achieve the intent
                                                                                                                      of AO7. The dwelling is located on a large rural
                                                                                                                      holding with sufficient area and shape to allow safe
                                                                                                                      emergency access.

                                                                                                                      It is sited in the lower hazard part of the lot and
                                                                                                                      maintains substantial separation from hazardous
                                                                                                                      vegetation. In particular, the existing approved small
                                                                                                                      dwelling is located up to 70 metres from mapped
                                                                                                                      hazardous vegetation, which is consistent with the
                                                                                                                      setback expectations for BAL 29 under AS3959.

                                                                                                                      No change is proposed to the lot design or building
                                                                                                                      siting. Further, the dwelling has already been subject
                                                                                                                      to private building certification, which supports that
                                                                                                                      the approved siting, separation distances and
                                                                                                                      construction response were considered appropriate
                                                                                                                      for the level of bushfire risk applying to the site.
Firebreaks and Fire Access Tracks




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PO8                                                       AO8.1                                                     PO8 – Complies
Firebreaks and fire access tracks provide:                Where development involves the creation of a new          The existing firebreaks, cleared setbacks and access
(a) adequate access for fire fighting and other           road and lots, a firebreak is provided by providing a     arrangements provide adequate access for
      emergency vehicles; and                             cleared road reserve not less than 20 metres wide and     firefighting and other emergency vehicles, and also
(b) adequate access for the evacuation of residents       maximum gradient of 12.5% around the perimeter of         provide for the safe evacuation of occupants and
      and emergency personnel in an emergency             the subdivision, between the created lots and             emergency personnel in the event of a bushfire.
      situation.                                          surrounding vegetated lands.
                                                          OR                                                        The proposal does not involve any new building
                                                          AO8.2                                                     work, new road creation, new lots, or new access
                                                          Fire access tracks are provided between the created       tracks. Rather, the short-term accommodation is to
                                                          lots and surrounding vegetated land that:                 occur within an existing approved small dwelling that
                                                          (a) have a cleared minimum width of 6 metres;             already benefits from established setbacks,
                                                          (b) have a maximum gradient of 12.5%;                     managed open space around the building, and an
                                                          (c) provide unbroken access for fire fighting vehicles;   existing access arrangement capable of
                                                          (d) provide passing bays and turning areas;               accommodating emergency response.
                                                          (e) are located within an access easement that is
                                                                granted in favour of Noosa Council and the          In those circumstances, the proposal maintains an
                                                                Queensland Fire and Rescue Service.                 appropriate bushfire safety outcome without the
                                                          AO8.3                                                     need for additional physical works.
                                                          Bushfire management measures are carried out on the
                                                          subject property and not any adjoining property.          AO8.1 – Not applicable
                                                                                                                    This acceptable outcome is not relied upon.

                                                                                                                    AO8.2 – Not applicable
                                                                                                                    This acceptable outcome is not relied upon.

                                                                                                                    AO8.3 – Complies
                                                                                                                    Bushfire management measures are carried out on
                                                                                                                    the subject property and do not rely on adjoining
                                                                                                                    land.

                                                                                                                    The planning material confirms that the existing
                                                                                                                    managed open spaces and cleared setbacks on the
                                                                                                                    site act as effective firebreaks and facilitate safe
                                                                                                                    emergency access.

                                                                                                                    No additional clearing or off-site mitigation measures
                                                                                                                    are required as part of the proposal.


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