Town Planning Assessment Report · MCU26/0099

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.


                                                                                                      Page 10 of 26