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Response to Information Request

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Date: 2 February 22


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Nadine Gorton,

RE:      Response to Information Request relating to a Material Change of Use to establish a Dwelling
         House at 797 Ringtail Creek Road, Pomona - Council Reference MCU21/0221.


I refer to Council’s Information Request issued on 10 January 2022 in relation to the abovementioned
application.

In accordance with Part 3 Section 13 of the Development Assessment Rules and the Planning Act 2016, we
herby provide a response to the items raised in the request as detailed below:

Issue

The application material details that an existing property maintenance track is proposed to be
used to access the dwelling which links to the existing driveway crossover located in the
northeast corner of the site accessing onto Ringtail Creek Road. The application material does
not state further clearing would be required for this access track however the bushfire
assessment report provided does not include any details on whether this track is appropriate
(accessible for both applicant and emergency services) considering the High Bushfire Hazard
mapping.

Information Required

1.      Amend the Bushfire Assessment Report to include details regarding the appropriateness of the
        proposed access track to the dwelling in the event of a bushfire.

2.      Amend the Bushfire Management Plan to include required maintenance on the access track to meet
        bushfire safety requirements.

3.      Include details on whether further clearing is required and if this clearing would meet State Koala
        requirements (include exemptions) and the Noosa Plan 2020 Biodiversity, Waterways and Wetlands
        Overlay Code.

4.      Clearly indicate on the proposal plans the areas of clearing required for the access track to the
        dwelling

Response

1.      Amend the Bushfire Assessment Report to include details regarding the appropriateness of the
        proposed access track to the dwelling in the event of a bushfire.
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Page 2

The proposed development is not assessable against the Bushire Hazard Overlay code and consequently
no benchmarks apply to the proposed development under the overlay code for the following reasons:-

     1.    The proposed development relates to the use of a dwelling house;

     2. Pursuant to Table 5.9.3 - Bushfire Hazard Overlay of the categories of development and categories
        of assessment section of the planning scheme, the categorising instrument does not apply to
        dwelling houses;

     3. In accordance with s1.4(a) of the planning scheme, if a categorising instrument does not apply a
        category of development to a particular development, the development is accepted development.

     4. Pursuant to section 5.3.3 (1) of the planning scheme, accepted development does not require a
        development approval and is not subject to assessment benchmarks.

In consequence to the above, the bushfire report does not need amending as the bushfire hazard pertaining
to the site is not an assessable component of the development. The Bushfire Hazard Assessment Report
provided at Appendix C was only included as part of the application to confirm clearing extents necessary
under AS3959:2018 in order to consider the potential impacts that this may have on areas of biodiversity
significance and koala habitat.

2.        Amend the Bushfire Management Plan to include required maintenance on the access track to meet
          bushfire safety requirements.

As per the response to item 1 above, the bushfire report does not require amending as it is not an assessable
component of the proposed development.

3.        Include details on whether further clearing is required and if this clearing would meet State Koala
          requirements (include exemptions) and the Noosa Plan 2020 Biodiversity, Waterways and Wetlands
          Overlay Code.

The total extent of clearing necessary to undertake the development is illustrated on the Amended Proposal
Plans at Attachment 1. No further clearing will be necessary to undertake the development.

4.        Clearly indicate on the proposal plans the areas of clearing required for the access track to the
          dwelling

The existing property maintenance track to the proposed house site area already exists and no further
clearing of native vegetation is required for its use. Reasonable conditions can be imposed to this effect.
Please note that the alignment of the track has slightly changed on the amended proposal plans after further
ground truthing of the existing track.. Photographs of the existing track are shown in the photographs below.

Page 3

Photograph 1 - From existing cleared area looking southeast along existing access track




Photograph 2 - From midway along vegetated part of access track looking northwest to existing clearing

Page 4

Photograph 2 - From access track looking south in south/southwest in vicinity of proposed house site



Issue

A site inspection and review of aerial photographs indicate that there are a number of structures on site that
are not detailed on the proposal plans. Specifically the shed to the east of the existing building and building
within the vegetation along the eastern boundary are not detailed.

Information Required

5.      Provide an amended proposal plan that details the location and use of the existing structures on site.

6.      Clearly detail that the central building is to be decommissioned on the proposal plans.

Response

5.      Provide an amended proposal plan that details the location and use of the existing structures on site.


Please see attached amended plans which detail the location and use of the other existing structures
on site.

6.      Clearly detail that the central building is to be decommissioned on the proposal plans.

It has been clearly annotated on the amended plans that the existing central building is to be decommissioned
for habitable use.

Page 5

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
information request. Should you have any further questions in relation to the proposal, please do not hesitate
to contact the undersigned on 0423 952 928 or via email at [email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.

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