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Town Planning Assessment Report · MCU26/0099
Mur
Town Planning
Assessment Report
267 Louis Bazzo Road, Pomona
Material Change of Use to establish a Dwelling House
September 2026
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Table of Contents
1. SITE AND APPLICATION SUMMARY ................................................................................................................ 3
2. PROPOSAL ............................................................................................................................................................................. 4
3. BACKGROUND ..................................................................................................................................................................5
4. SITE DETAILS.........................................................................................................................................................................5
4.1. SITE DESCRIPTION .......................................................................................................................................................5
5. ASSESSMENT REQUIREMENTS ...............................................................................................................................7
5.1. FRAMEWORK FOR ASSESSMENT ...............................................................................................................................7
5.2. ASSESSMENT BENCHMARKS RELATED TO THE PLANNING REGULATION 2017 ...................................7
6. THE NOOSA PLAN.......................................................................................................................................................... 11
6.1. DEFINITIONS ................................................................................................................................................................. 11
6.2. LEVEL OF ASSESSMENT ............................................................................................................................................... 11
6.3. ASSESSMENT BENCHMARKS..................................................................................................................................... 11
7. CONCLUSION ............................................................................................................................................................... 26
Appendices
Appendix A Proposal Plans
Appendix B Bushfire Hazard Assessment
Appendix C Effluent Disposal Report
Appendix D Site Photographs
Appendix E Owners Consent
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1. Site and Application Summary
Applicant
Applicant: Noosa Lime Co Pty Ltd C/- Brennan Planning Pty Ltd
Contact Details: Marcus Brennan
Mob: 0423 952 928
Email: [email protected]
Registered Landowner(s): Noosa Lime Co Pty Ltd
Application
Material Change of Use to establish a Dwelling House
Development Application:
Level of Assessment: Code Assessable
Referral Agencies: Nil
SEQRP: Regional Landscape and Rural Production Area
Subject Site
Address: 267 Louis Bazzo Road, Pomona
Lot Description: Lot 8 on RP854337
Area: 29.648 ha
Easement(s): Nil
Covenants Nil
Local Plan Area: Nil
Zone: Rural
Applicable Codes: + Biodiversity, Waterway and Wetlands Overlay
- Area of Biodiversity Significance
- Waterways
- Riparian Buffer Area
+ Bushfire Hazard
- Medium Potential Bushfire Intensity
- Potential Impact Buffer
+ Flood Hazard Overlay Map
- Flooding and Inundation Extent
+ Landslide Hazard
- Moderate Hazard Area
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2. Proposal
The proposal seeks a Development Permit for a Material Change of Use of premises to establish a Dwelling
House. The application is triggered as the development will involve clearing vegetation identified as an area
of biodiversity significance under the Biodiversity, Waterway and Wetlands Overlay.
The proposed dwelling will be single storey in height and comprise three bedrooms, a study, bathroom,
ensuite, open-plan kitchen, living and dining areas, deck and double garage. The proposal also includes the
establishment of a 15m x 7m shed adjacent to the dwelling house.
The dwelling has been positioned within the south-western corner of the site in response to the flooding
constraints affecting the property, with the majority of the remaining land subject to flood inundation. The
proposed house site is located within an area that has previously been partially cleared and levelled;
however, additional vegetation clearing will be required to accommodate the dwelling, associated
structures and necessary bushfire protection measures.
The total area of clearing necessary to establish the dwelling while providing appropriate separation and
defendable space for bushfire management purposes would be as follows:
• approximately 345m² of clearing associated with the dwelling house footprint;
• approximately 1,761m² of clearing associated with the establishment and maintenance of the 16m
wide bushfire Asset Protection Zone/firebreak around the dwelling; and
• a 10m wide fire management line along the eastern boundary.
Refer to Figure 1 below, which identifies the extent of vegetation clearing associated with the proposal.
Vehicular access to the dwelling will be provided via the existing access track that extends through the site
to the proposed house site. The existing driveway crossover located within the southern corner of the
property will be retained and will continue to provide access to Ringtail Creek Road.
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Figure 1 – Proposed Site Plan
Please refer to Appendix A – Proposal Plans for further details relating to the design and siting of the building.
3. Background
A search of Council’s online Development Application system reveals that there is no relevant town planning
history relating to the property.
4. Site Details
4.1. Site Description
The subject site is located at 267 Louis Bazzo Drive, Pomona and is formally described as Lot 8 on
RP854337.
The site has a total area of approximately 29.64ha and comprises an irregularly shaped rural allotment that
gains vehicular access to Louis Bazzo Drive from the south-eastern corner of the property.
The site contains an established lime farming operation, which extends through the central portion of the
property. Existing sheds associated with the farming use are located within the central and north-eastern
parts of the site.
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The topography of the site generally falls away from a high point within the south-eastern corner of the
property, which has an elevation of approximately 92m AHD. The remainder of the property is generally
low-lying and relatively flat, with elevations typically ranging between approximately 78m and 80m AHD,
and is substantially affected by flood inundation.
As a consequence of the flooding constraints, there is a limited area of the site available to accommodate a
future dwelling outside the mapped flood inundation extent. The available elevated area is also subject to
ecological constraints, being mapped as Core Koala Habitat and Koala Priority Area under State mapping
and identified as containing biodiversity values under the planning scheme.
An area of approximately 500m² within the elevated south-eastern portion of the property has historically
been cleared and disturbed. The proposed dwelling has been positioned generally within and adjoining this
previously disturbed area which will reduce the extent of additional vegetation clearing required while also
locating the dwelling outside the flood affected parts of the site.
The proposed house site is also mapped as a Potential Impact Buffer under the Bushfire Hazard Overlay . A
Bushfire Assessment has been prepared to address the bushfire impacts relating to the property and is
included at Appendix B.
Refer to Figures 2–3 below, which provide an aerial photograph of the subject site and illustrate the extent of
flood affected land and the resulting constraints on the location of a future house site.
Figure 2 – Aerial Subject site
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Figure 3 – Flooding extents over the subject site
5. Assessment Requirements
5.1. Framework for Assessment
Categorising Instruments for Statutory Assessment
In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
• the Planning Regulation 2017
• the Planning Scheme for the local government area
• any temporary local planning instrument
• any variation approval
Of these, the planning instruments relevant to this application are discussed below:
5.2. Assessment Benchmarks Related to the Planning Regulation 2017
SEQ Regional Plan
The subject site is located within the Regional Landscape and Rural Production Area under the SEQ
Regional Plan (SEQRP). The proposed Dwelling House is consistent with the goals, elements and strategies
for the Regional Landscape and Rural Production area designation.
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Part E of the State Planning Policy
The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
assessment benchmarks of the SPP Part E that are relevant to the development proposal are consistent
with the current provisions of the Planning Scheme and would not warrant further assessment.
Schedule 10 of the Regulation
The proposal does not trigger referral to any agencies or assessment against any of the benchmarks
contained with Schedule 10 of the regulation.
Koala Habitat in SEQ Region
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Figure 4 – Koala Habitat Values Mapping (DAMS Mapping)
The South-East Queensland Koala Conservation Strategy mapping identifies that the subject site is located
within a Koala Priority Area and contains mapped Core Koala Habitat. Accordingly, Schedule 10, Part 10,
Division 2, section 16A of the Planning Regulation 2017 is relevant. Section 16A provides that development
interfering with koala habitat within an area that is both a Koala Priority Area and Koala Habitat Area is
prohibited development, except to the extent that the development constitutes “exempted development”.
The proposed development has been carefully sited having regard to the significant physical constraints
affecting the property. The majority of the approximately 29.64ha site is low-lying and affected by flood
inundation, leaving only a relatively limited elevated area capable of accommodating a dwelling outside the
mapped flood extent. That elevated area is also mapped as Core Koala Habitat and contains biodiversity
values under the Noosa Plan 2020. An area of approximately 500m² within this elevated part of the site has
historically been cleared and disturbed, and the proposed dwelling has been positioned generally within and
adjoining that disturbed area to minimise the extent of additional vegetation clearing required.
The proposed site plan distinguishes between the clearing required directly for the dwelling footprint and
clearing required for bushfire management. In particular, the plan identifies:
• approximately 345m² of clearing associated with the dwelling house footprint;
• approximately 1,761m² of clearing associated with the establishment and maintenance of the 16m
wide bushfire Asset Protection Zone/firebreak around the dwelling; and
• a 10m wide fire management line along the eastern boundary.
Dwelling footprint – paragraph (k)
Paragraph (k) of the Schedule 24 definition of “exempted development” applies to development that results
in a total of 500m² or less of Koala Habitat Area being cleared of native vegetation since 7 February 2020,
disregarding clearing to which paragraphs (l)–(p) apply. The Queensland Government describes this as a
once-off 500m² allowance per premises and confirms that clearing undertaken under paragraphs (l)–(p),
including essential management under paragraph (n), does not consume that allowance.
The clearing required directly for the dwelling footprint is approximately 345m² and is therefore below the
500m² threshold. The clearing associated with the bushfire firebreak and fire management line is separately
relied upon under paragraph (n) and is therefore disregarded when determining the clearing area for the
purposes of paragraph (k). On this basis, the dwelling footprint component is considered capable of
constituting exempted development under paragraph (k).
Asset Protection Zone – essential management under paragraph (n)(vii)
Schedule 24 also provides that operational work involving the clearing of native vegetation within a Koala
Habitat Area is exempted development where the clearing is necessary for essential management and
constitutes qualifying clearing.
For freehold land, essential management includes establishing or maintaining a necessary firebreak to
protect a building or other structure, provided the width of the firebreak does not exceed 20m or 1.5 times
the height of the tallest vegetation adjacent to the infrastructure, whichever is greater. Importantly, these
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dimensions are maximum limits rather than an automatic entitlement to clear to that width. The Queensland
Government guidance confirms that the firebreak must be necessary and that, where a suitably qualified
bushfire specialist determines that a smaller firebreak is sufficient, only that smaller area should be cleared.
The Bushfire Hazard Assessment prepared for the subject development has informed the siting of the
dwelling and the extent of vegetation clearing required to provide an appropriate defendable space around
the proposed dwelling. The Town Planning Assessment Report confirms that clearing has been limited to
that reasonably necessary to establish the dwelling and associated structures while achieving an
appropriate bushfire separation and a BAL 19 outcome, with the substantial balance of vegetation across
the property retained.
The latest clearing plan identifies a 16m wide Asset Protection Zone around the dwelling. This is materially
less than the 20m statutory firebreak threshold and is confined to the area surrounding the infrastructure
requiring protection. Approximately 1,761m² of clearing is attributed to establishment and maintenance of
this necessary firebreak.
Accordingly, the 16m APZ represents the necessary firebreak width (approximately 1,761m² of clearing)
associated with the APZ is considered to satisfy the definition of essential management and therefore
constitute exempted development under paragraph (n)(vii) of Schedule 24. This is consistent with
Queensland Government guidance that clearing for a necessary firebreak within Koala Habitat Area may
constitute exempted development where its extent is supported by an appropriately qualified bushfire
specialist.
Fire management line
The clearing plan also identifies a 10m wide fire management line adjoining the eastern boundary. Schedule
24 includes within essential management the establishment of a necessary fire management line where the
clearing does not exceed 10m in width. Queensland Government guidance describes a fire management
line as a road, fence-line clearing or track used for firefighting access or to divide a property for fuel reduction
or back-burning purposes, and similarly requires its necessity to be established by an appropriately qualified
person.
Accordingly, where the Bushfire Hazard Assessment confirms that the 10m wide strip is required as a fire
management line for the management of bushfire risk to the dwelling and property, that clearing is also
considered to constitute essential management and exempted development under paragraph (n)(vii).
Conclusion
The dwelling cannot reasonably be relocated to another cleared portion of the property because the
substantial majority of the land is affected by flood inundation. The dwelling has instead been located
generally within and adjoining the only available elevated, previously disturbed area, thereby minimising
additional clearing.
The proposed clearing is then confined to discrete purposes recognised by Schedule 24: approximately
345m² associated with the dwelling footprint under paragraph (k), together with the vegetation clearing
necessary to establish the 16m bushfire firebreak/APZ and 10m fire management line under paragraph
(n)(vii). The State's guidance expressly recognises that multiple exemptions can operate together, provided
every component of the proposed activity is captured by an applicable exemption.
On this basis, and subject to confirmation of the matters identified above, the proposed interference with
mapped Core Koala Habitat is considered to constitute exempted development for the purposes of
Schedule 24 of the Planning Regulation 2017 and therefore does not constitute prohibited development
under Schedule 10, Part 10, Division 2, section 16A. The applicable sequential clearing and koala spotter
requirements nevertheless continue to apply to vegetation clearing undertaken as exempted development.
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6. The Noosa Plan
6.1. Definitions
The Noosa Plan 2020 defines a Dwelling House as:
Dwelling house means a residential use of premises involving—
a) one dwelling for a single household and any domestic outbuildings associated with the dwelling;
or
b) one dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
6.2. Level of Assessment
Table 5.5.13 – Rural Zone
Pursuant to Table 5.5.13 of the Noosa Plan 2020, a Dwelling House in the Rural Zone is accepted
development subject to the following requirements:-
Table 6.2.1
Requirements for Accepted Development
Rural Zone Code
AO7, AO8.3, AO8.4, AO10, AO11, AO12, AO13 and AO15 of the Rural
Zone Code
Low Density Housing Code
Acceptable Outcomes AO2, AO3, AO5, AO6, AO7, AO8, AO9, AO12,
AO13, AO14, AO15, AO17, AO18, AO20, AO21 and AO22 of the of the
Low Density Housing Code
Where not meeting the accepted development provisions, the development becomes code assessable in
accordance with Section 5.3.3(2) of the Noosa Plan 2020.
Section 5.9 Categories of Development and Assessment - Overlays
The site is affected by the following Overlays:
+ Biodiversity, Waterway and Wetlands Overlay
+ Bushfire Hazard
+ Flood Hazard
+ Landslide Hazard
The proposal will not trigger assessment against any of the overlay codes except for the Biodiversity,
Waterway and Wetlands Overlay as it will involve clearing vegetation identified as an area of biodiversity
significance on the overlay map.
6.3. Assessment Benchmarks
The proposed dwelling house is assessable against the following zone and development codes:
• Rural Zone Code (applicable outcomes)
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• Low Density Housing Code (applicable outcomes)
An assessment against the key outcomes contained within the applicable codes is provided in Table 6.3.1
below:
Rural Zone Code
Performance Outcomes Acceptable Outcomes Compliance
Building height and scale AO7.1 AO7.1 - Complies
PO7 Buildings are no more than two The building has a height of 1
Buildings and other structures: storeys in height. storey.
are low rise; AO7.2 AO7.2 - Complies
With the exception of Class 10 The building has a maximum
minimise the appearance of bulk to buildings or structures used height of less than 8m.
adjacent properties, roads or other exclusively for a rural
areas in the vicinity of the site; and activity, buildings and structures are
no more than 8 metres in building
respect the scale of height providing that they may be up
surrounding vegetation and to 9 metres where the pitched roof
maximises opportunities to retain but no other part of the building or
existing vegetation on site. structure exceeds 8 metres.
AO7.3 AO7.3 – Complies
With the exception of Class The dwelling has a GFA of less
10 buildings or structures used than 500m2.
exclusively for a rural activity,
individual buildings or roofed
structures do not exceed
500m2 gross floor area.
AO7.4 AO7.4 – Not Applicable
Class 10 buildings used exclusively for The shed will be used for domestic
the purpose of animal purposes.
husbandry, aquaculture, cropping, int
ensive animal industry, intensive
horticulture or rural industry do not
exceed 12 metres in height.
AO7.5 AO7.5 – Not Applicable
A structure, not constituting a building, The shed will be used for domestic
used exclusively for the purpose purposes.
of animal
husbandry, aquaculture, cropping, int
ensive animal industry, intensive
horticulture or rural industry does not
exceed 15 metres in height.
AO7.6 AO7.6 - Complies
The exposed portion of the external Exposed facades will be less than
elevation of the building cannot 8m in height.
exceed the respective building
heights in AO7.1, AO7.2, AO7.3, AO7.4
and AO7.5 above and do not appear
to exceed more than
two storeys when viewed externally
from any elevation.
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Setbacks AO8.3 AO8.3 Not Applicable
PO8 With the exception of a roadside The buildings will be used for
Notwithstanding that intensive rural stall, buildings and structures domestic purposes.
activities may need greater associated with a rural activity or
separation distances, buildings and industrial activity are set back 20
other structures are appropriately metres from a road reserve or 40
sited and designed to: metres from any part of the major
road network.
a) avoid environmental harm or
nuisance to sensitive land uses, AO8.4 AO8.4 – Complies
including adverse impacts on In addition to the circumstances of The buildings have a minimum
amenity values, over and above AO8.1, to AO8.3 above, buildings and setback exceeding 10m from the
what could reasonably be structures meet the following closest boundary.
expected in the rural zone; minimum boundary setbacks:
b) avoid adverse impact a) 20 metres from a property
on ecologically important boundary of adjoining land in the
areas including National Parks, Environmental management and
watercourses, and wetlands; conservation zone, unless such
land is in private ownership;
c) mitigate risks associated with b) a distance greater than the width
the use of chemicals or air of the riparian buffer area shown
pollutants; and on Biodiversity, Waterways and
Wetland Overlay maps;
d) avoid conflict with rural uses
c) 10 metres from a road frontage;
and activities on adjoining
and
properties.
d) 10 metres from the side and rear
boundaries or 6 metres where the
lot area does not exceed 1
hectare, with the exception that if
the height of the building or
structure exceeds 9 metres
the setback to the side and rear
boundaries is equal to twice its
height in metres.
PO10 AO10 AO10 – Complies
Development does not Safe vehicular access is provided to Safe vehicular access will be
compromise the safety, capacity or and from the site without adversely maintained to Louis Bazzo Drive.
operation of the road network. impacting on the safety of the road
network.
PO11 AO11.1 AO11.1 - Complies
Development does not have a Development does not result in The proposal can be constructed
significant adverse impact on the sediment, soil or other material in a manner that will ensure no
natural values of the site including including building materials or waste sediment, soil or other material is
through: products being released into the road released into a waterway or
reserve, stormwater drains, adjacent property.
loss of biodiversity values, fauna waterways or adjacent properties.
habitat and fish passage;
AO11.2 AO11.2 - Complies
changes to natural drainage; Natural Vegetation is retained The proposal does require
wherever possible. vegetation to be removed. The
disturbance to proposed location of the dwelling is
any wetland systems; the most suitable site of the
property due to flooding extents.
erosion and the transport of The clearing has been limited to
sediments off site (including exempt clearing of the boundary
pollutants and other contaminants fence, and the minimum amount
required for a dwelling house.
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which would affect the capacity of
agricultural lands);
worsening of landslide or fire risk;
AO11.3 AO11.3 - Not Applicable
on-site effluent disposal; Where there is a nominated building The lot does not contain a
envelope on the lot, clearing of nominated building envelope.
creation of dust and air pollutants; native vegetation and building works
do not extend beyond the building
envelope, except for the purposes
disturbance of buildings and of a driveway access.
features, including natural features,
of cultural heritage significance.
PO12 AO12 AO12 - Complies
Development and Development and The proposed site works will not
associated site works do not associated site works, including filling exacerbate flooding or overland
directly, indirectly or cumulatively and excavation are designed and flow issues.
cause adverse impacts external to constructed to ensure overland flow
the development site by: and/or flooding is not worsened,
impeded, or otherwise diverted to
causing ponding of water; adversely affect other properties.
increasing flooding, which adversely
affects the safety or use of any land
upstream and downstream;
adversely affecting the flow of
water in any overland flow path.
AO13 AO13 – Complies
Development on land adjoining The dwelling will not be visible from
the major road network, Lake Louis Bazzo Drive, which forms
Macdonald or the Noosa River part of the major road network.
system minimises visual impacts on
the scenic amenity of the roadway
or waterway by:
sensitive siting and design of
buildings, structures, driveways and
works;
retaining existing vegetation;
incorporating landscape treatments
to visually screen and soften
development; and
incorporating building materials and
external finishes that are compatible
with the site’s visual character and
landscape setting.
Sloping sites and ridgelines
PO15 AO15.1 AO15.1 – No Applicable
The landscape character and visual To protect scenic amenity and other No new accesses or driveways are
amenity quality of hill slopes and landscape qualities, buildings, proposed
ridgelines are retained and buildings structures and associated
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and structures: accessways are not constructed on
land with a slope greater than 25%.
a) are visually responsive to the
natural topography of the site, AO15.2 AO15.2 - Not Applicable
sitting within the landscape On sloping sites or on ridgelines at the The proposal is not located on a
rather than dominating it; uppermost edge of a hill slope: sloping site or ridgeline.
b) step down slopes or use a) roof lines are generally parallel
suspended floor construction, with contours of the land;
minimising cut and fill and
avoiding benching of the site; b) roofs do not exceed a pitch of 15
degrees; and
c) allow for retention of
natural vegetation that assists in c) buildings do not protrude above
screening or visually softening the height of
development; and prevailing vegetation.
d) incorporate materials, finishes AO15.3 AO15.3 Complies
and colours that complement Cut or fill is less than 1.5 metres in The proposed dwelling is partly
the natural setting and integrate depth relative to natural ground raised on posts and will involve cut
with the landscape and skyline. surface. and filling less than 1.5m in height.
Low Density Housing Code
Performance Outcomes Acceptable Outcomes Compliance
Removal homes AO2.1 AO2.1 - Not Applicable
PO2 Any part of a removal home that is
affected by termite attack, borers, dry
A removal home— rot or severe weathering or is
damaged as a consequence of
does not have an adverse impact relocation, is repaired or replaced
on the amenity of the premises or using new or sound second-hand
surrounding premises; and materials.
maintains the safety of people and AO2.2 AO2.2 - Not Applicable
property. Where located within the urban
boundary, external surfaces of
the building are cleaned and painted.
Housing choice PO3 AO3 AO3 - Not Applicable
A secondary dwelling:
The proposal does not incorporate
A secondary dwelling: a. has a maximum gross floor
a secondary dwelling.
area of 65m2;
forms part of a dwelling house and b. has no more than 2 bedrooms;
is not subdivided from the balance c. is not used for short-term
of the dwelling house; accommodation or home-based
business (home hosted
contributes to housing choice for accommodation);
members of the one household; d. does not occur on any property
covered by a Building Unit Plan;
protects the low density residential, and
rural residential or rural character of e. does not occur on a property that
the zone; already contains a dual
occupancy or secondary
does not occur on a property dwelling.
covered by a Building Unit Plan or
any property already containing
more than one dwelling;
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is accompanied by sufficient car
parking.
Service and utilities AO5.1 AO5.1 – Not Applicable
PO5 If located within the urban boundary, The dwelling is outside of the urban
Development is provided with: the dwelling is connected to boundary.
reticulated water supply, sewerage,
a. a level of infrastructure stormwater drainage and
and services that is telecommunications infrastructure
appropriate to its setting networks (where available to the lot).
and sufficient for the
intended use; AO5.2
Where there is no reticulated water AO5.2 – Complies
b. an effluent treatment and
disposal system that does supply, the premises is serviced with a Water tanks can be a condition of
not have an adverse rainwater tank with the following approval.
effect on ecologically minimum water supply capacity:
important areas or water
quality; and a. for dwellings with no more
c. adequate onsite water than 3 bedrooms – 45,000
storage to support the litres; or
efficient use of water and b. for dwellings of more than
is adequate for everyday 3 bedrooms or where
use of the occupants. including a secondary
dwelling on the same
premises – 60,000 litres.
AO5.3 AO5.3 – Complies
If located on a lot where reticulated The dwelling will be serviced by an
sewerage is not available to the lot, on-site effluent treatment and
the dwelling is connected to an on- disposal system.
site effluent treatment and disposal
system.
Landscaping AO6 AO6 – Complies
PO6 Soft landscaping is provided and The majority of the site will be
Buildings and structures allow for retained to a minimum of 20% of retained as natural soft landscapes.
sufficient space for outdoor the site area.
activities, garden areas and
screening to surrounding land uses.
Car parking AO7 AO7 – Complies
PO7 Car parking is provided in A double garage is provided for the
Sufficient car parking is provided to accordance with Table 9.4.1.4 of the dwelling.
accommodate the number of Driveways and parking code.
vehicles likely to use the site.
AO8 – AO14 – Not Applicable
An existing driveway will be used to access the dwelling.
Earthworks and Drainage AO15
PO15 Filling other than accessways:
Earthworks and
drainage operational works do not a) does not extend more than the
directly, indirectly or cumulatively equivalent of 1.5 metres within the
cause adverse urban area boundary and 3m for
impacts external to the developme rural areas, measured from the
nt site by: outer walls of the main building;
b) is limited to a maximum of
a) causing ponding of water on th 500m2; and
e site or nearby land;
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b) increasing flooding, which adve c) does not impact on the local
rsely affects the safety or use of drainage of adjoining properties.
any land upstream and
downstream;
c) adversely affecting the flow of
water in any
overland flow path; and
d) adversely affecting the privacy
or visual amenity
of surrounding property.
Bushfire Hazard Management AO17 AO17 - Complies
PO17 Within a bushfire hazard area where
The building is located in a potential
Where located in a Bushfire Hazard there is no reticulated water supply,
impact buffer. There dams located
Area as shown on the Bushfire the premises has:
onsite with a water volume
Hazard Overlay Map in Schedule 2
exceeding 5,000 litres.
and not in a water service area, an a) an accessible dam, swimming
adequate, reliable, safely located pool or water tank available for
and freely accessible water supply firefighting purposes with an
is provided for fire fighting purposes, onsite water volume of not less
which is in addition to day to day than 5,000 litres; and
water supply.
b) a water supply outlet pipe 50
millimetres in diameter and fitted
with a standard fire brigade fitting
connected to the water supply
(other than where the water
supply is in a swimming pool or
dam).
Flood Hazards AO18.1 AO18.2 - Not Applicable
PO18 Where the development is located in
The building in not located in a
Development is designed and sited the Flood Hazard Area as shown
to ensure risk to people and on Flood Hazard Overlay Map in Flood Hazard Area.
property from flooding is avoided or Schedule 2, the finished floor level is at
minimised. least 300mm above the DFE
Or
AO18.2
Where the DFE has not been modelle
d for the area, the finished floor level of
habitable rooms is at least
500 millimetres
above the highest recorded flood.
Landslide Hazard Area AO22.1 AO22.1 - AO22.4 - Complies
PO22 Development, including
The dwelling is located outside of
Development maintains the safety associated access, is not located on
of people, property and hazardous land identified as a landslide hazard mapped Landslide Hazard Areas.
materials stored in bulk from the risk area on a Landslide Hazard Overlay
of landslide Map.
AO22.2
Development, including
associated access, is located outside
moderate, high and very high
landslide hazard areas and areas with
15% slope or greater, as determined
by a site-specific slope-analysis.
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Editor's Note—A site- specific
geotechnical assessment may be
used to demonstrate that although the
proposed development is shown on
the Landslide Hazard Overlay as being
in the moderate, high or very high
landslide hazard area, the landslide risk
is low or very low.
OR
AO22.3
A site-specific geotechnical
assessment is prepared by a
registered professional engineer to
certify that:
a) the stability of the site, including
associated buildings and
infrastructure, will be maintained
and operational for the life of the
development;
b) the site is not subject to the risk of
landslide activity originating from
other land, including land above
the site; and
c) development of the site will not
increase the risk of landslide
activity on other land.
Editor's Note— PSP8 Natural
Hazards provides further guidance on
assessing landslide hazard.
AO22.4
Any specific measures identified in
a site specific geotechnical
assessment for stabilising the site or
development are to be fully
implemented.
Major Electricity Infrastructure & AO20.1 AO20.1 - Complies
Substations Development including any sensitive
The building is not within proximity
PO20 land uses is at least:
Development is sufficiently of major electricity infrastructure.
separated from major electricity a) 50 metres from a
infrastructure and substations to transmission substation;
minimise the likelihood of nuisance
or complaint. b) 10 metres from any
other substation; and
c) 30 metres from a transmission
line easement.
AO20.2 AO20.2. - Complies
Habitable buildings are not located The proposal is not located near an
within an easement for a distribution easement for a distribution line.
line.
PO21 AO21 AO21 – Complies
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Page 19
Development is located and Noise emissions do not exceed The proposed relates to a dwelling
designed to avoid or minimise noise 5db(A) above background noise level house for domestic purposes and
nuisance from the use of internal to a will not create noise emissions
infrastructure. habitable building measured in exceeding 5db(A) above
accordance with AS1055. background.
Biodiversity, waterways and wetlands overlay code
Performance Outcomes Acceptable Outcomes Compliance
PO1 AO1.1 AO1.1 - Performance Outcome PO1
Development is sited and designed Ecologically important areas are The proposal requires clearing
to protect the physical and conserved or improved to ensure within an area mapped as
ecological integrity and biodiversity their ongoing contribution to the biodiversity significance and
of ecologically important natural resources and biological therefore does not comply with
areas through protection of: diversity of Noosa Shire. AO1.3.. The clearing cannot be
practicably avoided because the
a) existing habitat areas AND majority of the site is affected by
and ecological linkages; and flood inundation and the limited
b) existing riparian AO1.2 elevated land available for a
vegetation, waterways and wetl Buildings, structures and associated dwelling is also mapped as an Area
and habitat values. works are located within existing of Biodiversity Significance. The
cleared areas or areas of lowest dwelling has been positioned
ecological value. generally within a
cleared/disturbed area that has an
AND area of approximately 500m²,
however, there is still insufficient
AO1.3 cleared area available for the
Where constructing a dwelling footprint of the dwelling house,
house or community while also achieving suitable
residence, buildings and associated bushfire safety setbacks. The
structures are not located on land applicant has reduced the extent of
identified as an area of biodiversity clearing as far as practical to
significance on a Biodiversity, achieve a BAL-19 construction
Waterways and Wetlands Overlay standard under AS3959 and meet
Map. the requirements of Assessment
Benchmark 4. The dwelling would
or require a total cleared area as
follows:
Clearing vegetation (other than for a
driveway access) does not extend • approximately 345m² of
beyond— clearing associated with the
dwelling house footprint;
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Page 20
• approximately 1,761m² of
a) 30 metres of a clearing associated with the
habitable building or 10 metres of establishment and
a class 10 structure on lots maintenance of the 16m wide
greater than 10 hectares; or bushfire Asset Protection
b) 10 metres of a Zone/firebreak around the
habitable building or class 10 dwelling; and
structure on lots 10 hectares or • a 10m wide fire management
less but more than 3,000m2; or line along the eastern
c) 3 metres of a boundary.
habitable building or class 10
structure on lots 3,000m2 or less. The substantial balance of
vegetation on the 29.64ha site will
be retained, thereby maintaining
AND the physical and ecological
integrity, habitat values and
AO1.4 ecological linkages of the site in
Clearing of vegetation for a boundary accordance with PO1.
fence does not extend beyond 5
metres either side of the fence
PO2 AO2 AO2 - Not Applicable
New lots are only created if they Where clearing vegetation for the The application is for a Material
maintain ecological linkages and purpose of Reconfiguring a Lot: Change of Use to establish a
minimise the clearing of vegetation. Dwelling House and does not
a) new boundaries to lots do not involve Reconfiguring a Lot or the
transect and fragment existing creation of any new allotments.
native vegetation;
b) new lots are created to allow for
suitable building envelopes for
future buildings and works to be
located within existing cleared
areas or areas of low ecological
value;
c) building envelopes are
designated for each lot; and
d) ecological
linkages and ecologically
important areas are secured by
environmental covenant or
transferred to public ownership or
through gazettal of a nature
reserve.
PO3 AO3.1 AO3.1 - Performance Outcome
Development is designed and sited Where clearing of vegetation cannot PO3
to manage adverse impacts be practicably avoided, the Clearing of vegetation cannot be
on ecologically important areas by: development: practicably avoided; however, the
development has been designed
a) minimising the total footprint a) ensures the design and siting and sited to minimise impacts on
within which all limits the loss of vegetation to the ecologically important areas in
activities, buildings, structures smallest extent possible; accordance with PO3. In particular:
driveways and other works are b) protects and retains ecological (a) the dwelling located within and
contained; values and ecosystem processes adjoining the historically cleared
b) locating development in to the greatest extent possible and disturbed house site and the
existing cleared areas or areas within and adjacent to the site; additional non-exempt clearing
of low ecological value over c) provides measures to allow for footprint has been limited to
other areas to the greatest safe movement of fauna through approximately 2,106m², including
extent possible; and the site; and
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Page 21
c) incorporating siting and design d) provides suitable habitat the area required for bushfire
measures to protect and retain replacement and replanting in protection;
ecological values and accordance with PSP3 (b) the substantial balance of
ecosystem processes within or Ecological Assessment vegetation and ecological values
adjacent to the Guidelines. across the 29.64ha property will be
development site; and retained;
d) where adverse impacts have (c) the clearing is localised and
been minimised, any residual AO3.2 does not sever the broader
impacts on ecological values Habitat trees, recruitment habitat vegetated areas of the site, thereby
are compensated for through trees, and roosting, breeding and maintaining opportunities for fauna
suitable habitat replacement feeding areas are protected for native movement and connectivity with
and replanting on site in the first fauna habitat. adjoining habitat; and
instance or in a way that results (d) residual impacts can be further
in a net gain and enhancement mitigated through rehabilitation
of the overall habitat values of and weed management within
Noosa Shire. retained vegetation, consistent with
the approach identified in the
ecological assessment template.
AO3.2 - Complies
The dwelling is located in an
existing disturbed area and there
were no significant habitat trees
identified in the proposed are to be
cleared.
PO4 AO4.1 AO4.1 - Complies
Development provides for effective Vegetation is protected from Vegetation to be retained can be
measures during construction and disturbance or damage from protected during construction by
operation to protect ecological construction and operation activities clearly identifying the approved
values including: by: clearing limits, marking retained
trees where necessary, installing
a) avoiding disturbance to a) clearly marking trees to be temporary exclusion fencing
or clearing of vegetation in and retained with flagging tape; adjacent to retained vegetation,
within the vicinity of the site; b) installing protective fencing keeping stockpiles, storage and
b) managing habitat disturbance around the dripline of vehicle parking within cleared or
and physical harm to fauna the vegetation and avoid filling designated work areas, and using
from noise, vibration, dust, light, and excavating in these fenced low-impact construction
dewatering or excavating; and areas; techniques around retained
c) avoiding clearing in areas c) ensuring stockpiling, storage and vegetation. These measures can
where erosion or slippage could vehicle parking occurs outside be secured by conditions of
occur. the identified vegetation areas; approval.
and
d) using low impact construction AO4.2 - Not Applicable
techniques around vegetation. The development does not rely on
the removal of vegetation that is
AO4.2 required to function as a specific
Vegetation which is capable of buffer between incompatible land
forming or contributing to a buffer uses. The substantial balance of
between different land uses or a vegetation surrounding the
buffer against pollution, light spillage development area will be retained.
or noise is retained.
AO4.3 - Complies
AO4.3 External lighting can be designed
Lighting associated with and directed so that it does not
development: result in an unacceptable level of
illuminance within or at the
a) does not contribute an boundary of retained ecologically
unacceptable level of illuminance important areas.
(greater than 1 lux) for light
sensitive species within or at the
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Page 22
boundary of an ecologically AO4.4 - Complies
important area; and The proposed house site has
b) does not contribute to an previously been partially cleared
unacceptable level of illuminance and levelled and the dwelling is
on landward horizons along located outside the mapped
coastal areas and known marine landslide hazard area. Appropriate
turtle nesting beaches. erosion and sediment control
measures will be installed and
AO4.4 maintained during vegetation
Clearing of vegetation does not clearing, earthworks and
involve clearing that may cause or construction to avoid hillslope
contribute to hillslope erosion, bank erosion, bank erosion, sediment
erosion, or slippage. transport or slippage.
PO5 AO5 AO5 - Complies
Development is designed and Development is designed and The proposed clearing is localised
operated to maintain and enhance operated to maintain ecological and minor in the context of the
connectivity between and linkages and maximise opportunity approximately 29.64ha property
across ecologically important for connectivity and the movement of and the extensive vegetation
areas and connecting habitat and fauna by: retained across the site and
support unimpeded and safe surrounding landscape.
movement of terrestrial and aquatic a) ensuring protection of wildlife Development is concentrated
fauna. refuges; within and adjoining an existing
b) maintaining vegetation in patches disturbed area and will use the
of the greatest possible size and existing access track, avoiding the
within the smallest possible edge- creation of new roads or other
to-area ratio; substantial physical barriers
c) enhancing connectivity through through retained habitat. The
planting and rehabilitation works, proposal will therefore maintain
including across property ecological linkages and
boundaries, to areas of national opportunities for safe fauna
park, state forest or reserve; movement through the site and
d) avoiding the creation of physical between adjoining vegetated
barriers and safety hazards (such areas.
as roads, pedestrian access and
instream structures) along and
within the ecological linkage;
e) providing mitigation measures
such as wildlife movement
infrastructure, fauna exclusion
and directional fencing,
underpasses/overpasses and
traffic calming devices, signage
and lighting; and
f) where offsets are necessary,
delivering offsets that support
and enhance ecological linkages.
PO6 AO6.1 AO6.1 - Complies
The biodiversity and ecosystem Development The proposed dwelling and
values of waterways, wetlands and and clearing of vegetation does not associated vegetation clearing is
adjacent riparian zones are occur within: located outside mapped riparian
protected by: buffer areas, wetland areas and the
a) a riparian buffer area; required setback to mapped
b) a wetland area; or waterways. Accordingly, the
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Page 23
c) 10 metres either side of the centre proposal does not require clearing
a) avoiding any new development line of other waterways identified within the areas identified by AO6.1.
in a riparian buffer on a Biodiversity, Waterways and
area and wetland area; Wetlands Overlay Map. AO6.2 - Not Applicable
b) retaining aquatic and terrestrial As no development or clearing is
habitat in riparian zones; proposed within a riparian buffer
c) maintaining and enhancing AO6.2 area, wetland area or within 10m
wildlife corridors and Development provides for the either side of the centreline of a
connectivity along rehabilitation of land within: mapped waterway, rehabilitation
watercourses and drainage under AO6.2 is not required.
lines for native fauna a) a riparian buffer area;
movement; b) a wetland area; and AO6.3 - Not Applicable
d) avoiding edge effects and c) 10 metres either side of the centre No public recreational facilities
damage from adjacent land line of any such as playgrounds, pergolas or
uses; other waterway identified on barbeques are proposed as part of
e) maintaining stream integrity a Biodiversity, Waterways and the Dwelling House application.
and bank stability by minimising Wetlands Overlay Map.
bank erosion and slumping;
f) maintaining water quality
through filtering sediments,
AO6.3
nutrients and other pollutants;
Recreational facilities (eg.
and
playgrounds, pergolas, barbeques)
g) removing pest species and
are setback a minimum of 10 metres
replacing them with local native
from the top of the bank of
species.
a waterway.
PO7 No acceptable outcome provided. PO7 - Not Applicable
Vegetation within 400 metres of the The development does not involve
full ponded water within Lake clearing vegetation within 400m of
Macdonald is retained. the full ponded water of Lake
Macdonald.
PO8 AO8.1 AO8.1 - Not Applicable
Development on land adjacent to Development adjacent to The proposal does not involve
a waterway or wetland maintains a waterway or wetland provides that: Reconfiguring a Lot, the creation of
appropriate extent of new lots or the construction of a
public access to waterways and we a) no new lots directly back onto new public road adjacent to a
tlands and minimises edge effects. a riparian buffer area; and waterway or wetland. The existing
b) new public roads are located public access arrangements to
between a riparian buffer waterways and wetlands are
area or riparian zone and the therefore unaffected.
proposed development area.
PO9 AO9.1 AO9.1 - Complies
Development ensures that the Development does not impact on the The proposal does not involve
natural surface water and ground natural surface water or groundwater works that are likely to adversely
water hydrologic regimes hydrologic regimes and this is affect natural surface water or
of waterways, wetlands and facilitated by: groundwater hydrologic regimes. It
hydrologically-sensitive plant does not propose groundwater
communities are not adversely a) avoiding or minimising extraction, channelisation or
impacted. channelization, redirection or redirection of a waterway. The
interruption of flow; dwelling is located outside the flood
b) avoiding groundwater extraction; affected portion of the property,
c) maintaining groundwater and on-site wastewater disposal is
recharge and discharge addressed separately by the
processes; supporting Effluent Disposal
d) maintaining natural groundwater Report. Appropriate erosion and
fluctuations; sediment controls during
construction will further minimise
Page 23 of 26
Page 24
e) avoiding causing ingress of saline the potential for contaminants to
water into freshwater aquifers enter surface water or
of wetlands; and groundwater.
f) avoiding contaminants entering
groundwater (e.g. from runoff,
effluent disposal).
PO10 AO10.1 AO10.1 - Complies
Development provides Landscaping and Landscaping and ecological
for ecologically important areas to rehabilitation complements and rehabilitation associated with the
be restored and enhanced through: supports ecologically important development can be undertaken
areas by: using local native species and in a
a) designing landscaped areas to manner that complements the
complement and enhance a) utilising local native species; retained vegetation and ecological
existing vegetation and ecologi b) utilising suitable plant species linkages. Pest plant species will be
cal linkages; identified in PSP2 Landscaping; avoided and weed management
b) removing species likely to c) restoring degraded ecosystems within retained vegetation can be
displace native flora species or to achieve a functional undertaken to improve ecological
degrade fauna habitat; ecosystem state that requires condition and habitat quality. These
c) replanting and rehabilitating minimal human intervention; measures can be secured by
degraded habitat; d) replicating adjacent remnant conditions of approval.
d) replacing habitats of the same type,
any vegetation removed with including the AO10.2 - Performance Outcome
suitable local native species; understorey vegetation; PO10
e) providing for fauna habitat; and e) creating or enhancing linkages Equivalent-area replacement
f) avoiding the planting of pest between existing habitats; planting within the bushfire
plant species. f) avoiding the use of pest plant protection area would be
species listed in PSP2 - inconsistent with the need to
Landscaping; maintain the required defendable
g) planting riparian zones to filter space around the dwelling and
stormwater run-off, stabilise soil associated structures. Instead, the
and provide for wildlife habitat; proposal retains the substantial
and majority of native vegetation on the
h) providing ground and arboreal property and residual impacts can
structures for fauna, which may be addressed through
include ground depressions, rehabilitation and weed
rocks, hollows, nesting boxes and management within retained
in-stream habitat. vegetation. This approach
maintains and enhances the
AO10.2 broader ecological values and
Vegetation cleared is replaced with: habitat function of the site and is
consistent with PO10.
a) plantings of equivalent area that
replicate the floristic structure of
the vegetation removed; or
b) where this is not possible due to
the characteristics of the site and
the development, plantings twice
the number of the removed trees
and plants.
PO11 AO11.1 AO11.1 - Complies
Development is designed, Development design complies with The development is located within
constructed and operated to— the Koala-sensitive Design Guideline: mapped koala habitat but is
A guide to koala sensitive design concentrated within and adjoining
a) protect and enhance koalas measures for planning and a previously disturbed area. The
and koala habitat and avoid development activities. substantial majority of koala habitat
adverse impacts; on the property will remain as a
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Page 25
b) provide measures to assist the AO11.2 contiguous vegetated area and the
survival of koala populations in Development incorporates proposal will not create a
the area to mitigate any revegetation and landscaping that substantial new barrier to koala
potential threats or risk to provides food, shelter and movement movement through the site or
koalas; and opportunities for koalas. between adjoining habitat areas.
c) provide for safe and
appropriate koala movement AO11.3 AO11.2 - Performance Outcome
across the landscape. Development is designed to PO11
maximise and enhance connectivity Revegetation within the required
between koala habitat trees and bushfire protection area would
ensure safe koala movement. conflict with the ongoing
management of that area for
AO11.4 bushfire safety. The proposal
During construction, measures are instead retains extensive existing
incorporated to not increase the risk koala habitat across the balance of
of death or injury to koalas, by the property, with opportunities for
including safe koala movement weed management and
measures, as defined in the Planning rehabilitation within retained
Regulation 2017. vegetation to improve habitat
quality, food resources, shelter and
movement opportunities. On this
basis the proposal is considered to
satisfy PO11.
AO11.3 - Complies
The development is confined to a
relatively small and previously
disturbed portion of the property
and retains the substantial balance
of connected koala habitat.
Existing movement opportunities
between koala habitat trees within
the site and adjoining vegetated
areas will therefore be maintained.
AO11.4 - Complies
During vegetation clearing,
measures will be implemented to
minimise the risk of death or injury
to koalas and other fauna. A
suitably qualified fauna
spotter/catcher will be present
during clearing and the works will
be undertaken in accordance with
applicable sequential clearing and
safe koala movement
requirements. These measures
can be secured by conditions of
approval.
PO12 No acceptable outcome provided PO12 - Complies
Bushfire management measures A Bushfire Hazard Assessment
are adopted based on ecological has been prepared for the
principles, which: proposal. The development has
been sited and the extent of
a) maintain and enhance vegetation clearing limited to that
biodiversity; reasonably necessary to establish
b) minimise threat of fire to the the dwelling and associated
natural environment, as well as structures while providing
life and property; and appropriate bushfire separation
and achieving a BAL 19 outcome.
The substantial balance of
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Page 26
c) provide for effective use and vegetation across the property is
maintenance of buildings and retained, thereby balancing
structures. bushfire risk management with the
maintenance of biodiversity and
ecological values in accordance
with PO12.
PO13 AO13.1 AO13.1 - Complies
The scenic amenity and vegetated Vegetation is retained: The clearing is confined to the
character of the landscape is proposed house site and
protected by retaining vegetation: a) on and within 30 metres of associated bushfire protection
prominent ridgelines and area. Vegetation along mapped
a) along and around on sloping sites; waterways and drainage lines will
watercourses and drainage b) in gullies; be retained, and the proposal does
lines; c) along watercourses and drainage not require clearing of vegetation
b) on steep slopes and ridgelines; lines; on a prominent ridgeline, within the
c) along the major road network; d) within 10 metres of the major road major road network corridor or
and network; and along a coastal dune system. The
d) that forms coastal vistas to and e) along the front coastal dune substantial vegetated character of
from beaches. system. the property and surrounding rural
landscape will therefore be
maintained.
7. Conclusion
This report has identified that the proposed development complies with the relevant benchmarks contained
within the Noosa Plan 2020 and does not raise any significant issues that cannot be addressed by reasonable
and relevant conditions.
This office trusts that the information supplied comprehensively addresses all of the issues that are to be
considered by The Noosa Plan 2020. Should you have any questions in relation to the proposal, or any
aspect of the development, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected]
Yours sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
Page 26 of 26
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