ATTCH 2 - IR Response - Ecological and Bushfire IR Response (Cardno)

: WE17035                                                                    6
13 November 2017


Biodiversity Overlay Area - Riparian Buffer
The site is mapped as a riparian buffer area and the Biodiversity Overlay code does not support new
development in these areas. The supplied information does not adequately address the riparian buffer
overlay code.

Information Required
4.         Provide suitable planning and ecological grounds for the proposed development that increases
           the scale and intensity of use within a Riparian Buffer area.

A detailed analysis of the Riparian Buffer area classification that has been applied to the entire Site within the
Biodiversity Overlay mapping is provided in Table 5-5 in Section 5.3.1 of the Ecological Assessment Report
(Cardno, 8 August 2017) submitted in support of the Application. Therein the following are demonstrated.

     a) The Noosa Plan does not provide a clear definition of what constitutes a Riparian Buffer Area or the
        criteria that were applied to classify and map Riparian Buffer Areas on Biodiversity Overlay mapping.

     b) If one applies the related definitions that are available within the Noosa Plan, the extent of land within
        the Site that could reasonably be considered a Riparian Buffer Area extends for a plan distance of
        50m from the top of the bank of Burgess Creek, a permanent 2nd order freshwater watercourse that
        traverses land to the north of the Site.

At a meeting with Council held on the 18th of October 2017, Council advised that the extent of the Riparian
Buffer Area within the Site was determined by reference to the “stream order” of Burgess Creek and associated
development setback specifications for different “stream order” classifications. Council also gave a
commitment to provide the Applicant with relevant material clarifying how these criteria were applied to the
Site. At the time of finalising this response no additional information had been provided by Council.

It is noted that the only references contained within the Noosa Plan to the relationship between “steam order”
and riparian buffer areas are presented as Probable Solution S5.5 to Specific Outcome 05 of the Biodiversity
Overlay Code, which states: For Forestry uses the cultivated area is separated from watercourses by a
distance not less than the distances identified below, measured from high water mark or the top of the bank,
whichever is the greater distance—

           Feature                                         Distance

           Stream order 1 or 2                             5m

           Stream order 3 or 4                             10 m

           Stream order greater than 4                     20 m

Whilst Probable Solution S5.5 is nominated with respect to forestry land uses and the proposed use of the Site
is for Urban (Detached Housing) purposes, in the absence of any other “steam order” based criteria it is
relevant to note that:

     a) Burgess Creek has a steam order of 2 pursuant to the State “vegetation management watercourse
        and drainage feature map” for which the corresponding nominated S5.5 setback distance is 5m;

     b) the proposed development setback between the top bank of Burgess Creek and land to be actively
        used for Detached Housing purposes is 50m; and

     c) within the outer 10m of this 50m wide Riparian Buffer some building demolition works are proposed,
        with areas of disturbance to be subject to a comprehensive program of rehabilitation works that will
        extend across the entire 50m wide Riparian Buffer which will also be subject to on-going protection
        and management under the provisions of a statutory Environmental Covenant.

It is also relevant to note that whilst State Code 16: Native vegetation clearing does not apply to the Application,
as the proposed clearance of Category B (Least concern) vegetation does not constitute assessable


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