ECM_21708446_v4_Delegated Report - Code - Planning MCU21 0150

               The Department is a referral agency for Schedule 10, Part 9, Division 4, Subdivision 2, Table 4,
               Item 1 (10.9.4.2.4.1) - State transport corridors and future State transport corridor
               The Department has responded advising that conditions be included as part of the development
               approval to ensure vehicle access does not compromise safety of the state controlled road
               network.
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
                   Engineering officer – recommended conditions and provided the following comments:
                    The property currently has an existing crossover however the condition of the crossover does
                    not align with Councils standard drawing RS-056 for a rural crossover. A condition has been
                    added to bring the crossover up to Councils standard for a rural crossover. A compacted road
                    base surface for the crossover will be acceptable given Rules Road is an unsealed road
                   Senior Environmental Officer – conditions are recommended and comments provided have
                    been incorporated within the body of this report in relation to Bushfire and Biodiversity
                    assessment. Comments relating to Koala Habitat are provided as follows:

               Koala Habitat Area Map
               The development site is within mapped Koala Habitat and Priority Area. The Planning Regulation
               2017 Part 10 details Koala Habitat in SEQ region with a requirement that any development is
               prohibited development if it is within Koala Priority and Habitat Areas unless it meets the
               exemptions. The applicant provided pre-lodgement advice from SARA dated 15 September 2021
               detailing how the development application meets the exemptions. With further detail provided
               within the Bushfire Management Plan V1 detailing the proposed 3,550m2 area to be cleared under
               the exemptions. The application material states the development meets the following exemptions
               under the Planning Regulation 2017 Schedule 24 sections:
                    - (k) being total area on the premises of 500m2 or less of 1 or more koala habitat areas being
                        cleared;
                    - (l)(iii) development that is or involves an OPW that is clearing of vegetation up to 500m2 for
                        non-linear infrastructure; and
                    - (n)(vii) development that is or involves operational works that is the clearing of native
                        vegetation in a koala habitat area if the clearing is necessary for essential management
                        and is qualifying clearing.
               The clearing under exemptions (k) and (l)(iii) totals less than 1000m2 and meets the exemptions
               requirements. The applicant is also utilising exemption (n)(vii) to clear for necessary essential
               management due to the site being majority covered by the Bushfire Hazard Overlay (High Potential
               Bushfire Intensity). A Bushfire Management Plan was provided which details the Asset Protection
               Zone setback requirements are 25.3m in all directions with 3,550m2 of Koala Habitat to be cleared.
               The average height of the canopy is outlined at <30m therefore the proposed setbacks are within
               the exemptions requirements of 20m or 1.5 times the height of the tallest tree and cover the entire
               area of the proposed development.


               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU21/0150 for a Material Change of Use - Dwelling house situated
               at 9 Rules Rd Pomona Qld 4568 and described as Lot 190 MCH 1261, it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
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Document Set ID: 21708446
Version: 4, Version Date: 16/12/2021