RAL20/0014 - Application To Reconfigure A Lot (1 Into 2 Lots) At 9A Jirrima Cres, Cooroibah

RAL20/0014 - Application to reconfigure a lot (1 into 2 lots) at 9A Jirrima Cres, Cooroibah

Document information

Author	Coordinator, Patrick Murphy (drafted by Planning Consultant)
Environment and Sustainable Development

Index	ECM/ Application/ RAL20/0014

Attachments	1. Proposal Plan

APPLICATION DETAILS
Applicant	Maud Marie-Therese Cazot
Proposal	Reconfiguring a Lot – 1 lot into 2 lots
Properly Made Date	21 July 2020
Information Request Date	12 August 2020
Information Response Date	11 May 2021
Decision Due Date	22 October 2021
Number of Submissions	Not applicable

PROPERTY DETAILS
Property Address	9a Jirrima Cres Cooroibah Qld 4565
RP Description	Lot 101 SP 168341
Land Area	4.462ha
Existing Use of Land	Dwelling house

STATUTORY DETAILS
Planning Scheme	The Noosa Plan 2006 now the Superseded Planning Scheme
SEQRP Designation	Rural Living Area
Zone	Rural Settlement
Precinct	Not applicable
Locality	Cooroibah
Overlays	Biodiversity Overlay – Environmental Protection and Riparian Buffer Natural Hazards Overlay – Acid Sulfate Soils land 5m to 20m AHD Natural Hazards Overlay – High Potential Bushfire Intensity and potential impact buffer
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 October 2021regarding Application No. RAL20/0014 for a Development Permit for Reconfiguring A Lot – 1 lot into 2 lots, situated at 9A Jirrima Cres Cooroibah and:
A.	A.	Refuse the application for the following reasons:
The proposal is not consistent with the Overall Outcome 13.7.2 c), d) and e), Specific Outcomes O2, O5, O7 and O15 of the Noosa Plan 2006 Biodiversity Overlay Code as:
The proposal seeks to undertake development in the riparian buffer.
A 20m wide easement is required for firefighting purposes within the riparian buffer which requires clearing of vegetation and prevents.
Fill within the riparian buffer for the driveway and firefighting appliances has the potential to adversely impact on the ecological and hydrological values of the riparian buffer area.
The proposal is likely to result in the removal of koala habitat for a new lot boundary.
The proposal is not consistent with 13.30.2 of the Natural Hazards Overlay Code for bushfire hazards as the proposed bushfire risk mitigation treatments impacts the riparian buffer and requires clear clearing of part of the riparian buffer.
The proposal is not consistent with 14.181.2 a), c), g), and Specific Outcomes O1, O20 and O22 of the Reconfiguring a Lot Code as:
The development does not meet the minimum lot size, and provide for the retention of the site’s natural environmental values and will result in clearing koala habitat and part of the riparian buffer.
The proposal does not comply with the Noosa Plan 2020 as:
The applicant proposes development in the riparian buffer.
It is removing vegetation within the riparian buffer and not protecting an ecologically important area.
The proposal places people and property at risk as the driveway cannot be constructed to a suitable standard for firefighting without the clearing of vegetation in the riparian buffer.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The proposal is to subdivide 1 battle axe lot into 2 lots at 9A Jirrima Crescent, Cooroibah. Proposed Lot 1 has an area of 1.825ha and proposed Lot 2, an area of 2.571ha.
An access easement is proposed within lot 2 to provide access to Lot 1 which is trafficable in a 1% AEP event. The driveway easement would be an extension to the existing access handle and is proposed to follow an existing track that traverses a small waterway and low lying areas through the riparian buffer which is generally centrally located within proposed Lot 2.
An existing dwelling is located near the head of the access handle on proposed lot 2. A 2300m² building envelope is proposed on lot 1 with a further 14m asset protection zone (APZ) to the perimeter of the envelope for bushfire protection.
The land application area for effluent disposal is proposed to be located to the south west section of this APZ.
The applicant has indicated they would accept a condition for an environmental protection covenant over the riparian buffer.
The application was properly made prior to the adoption of the Noosa Plan 2020 and is therefore assessed against the Noosa Plan 2006.
The following figures provide a locality plan, aerial, and a proposed plan of subdivision.

Figure 1 – Locality. Subject lot identified with a red perimeter

Figure 2 – Plan of subdivision.

Figure 3 – Driveway through proposed Lot 2
site details
Site Description
The site is a battle axe lot which gently slopes from the front of the access handle to a low point where a waterway exists. From this point the site slopes gently up to the rear of the lot.
The following vegetation exists on site:
Black sheoak
Scribbly gum
Broad leaf paper bark
Swamp brushbox
White mahogany
Rusty gum and
Slash pine
The understory in the vegetated areas is predominantly native grasses and non-native weed species flanking the wetter gully area
Surrounding Land Uses
The area is characterised by lots typical of the rural residential area. Neighbouring properties feature detached houses and rural settlement/ rural lifestyle blocks with associated outbuildings
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017.
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2006 is generally consistent with the State Planning Policy July 2017 (SPP) except for Bushfire. The applicant has provided a Bushfire Hazard Assessment and Management Plan against The Noosa Plan 2006 and the relevant parts of the State Planning Policy (SPP).
The applicant’s Bushfire Assessment provided recommendations to comply with the SPP, one of which is a 20m wide access easement for firefighting purposes. The 20m wide easement must consist of a minimum 4m wide driveway, a 3m wide ‘working area’ on each side of the driveway and the balance 10m area to be managed to avoid any compromising vegetation (surface hazards).
While the applicant could provide this easement width, the easement is traversing a riparian buffer and as such requires vegetation removal and compromises the integrity of the riparian and any possible regeneration work.
This is discussed further in section 3.3 of this report.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The site is identified as a Koala Priority Area and contains Koala habitat. Under the Planning Regulations, the proposed development is prohibited and an application cannot be accepted by Council unless the clearing associated with the proposal is exempted development.
The applicant has provided confirmation from State Development, Infrastructure, Local Government and Planning that the plan of subdivision is not ‘prohibited’ development under Schedule 24, due to the proposed clearing being for a lot boundary. Figure 4 below shows the Koala habitat mapped by the state in green.

Figure 4 – Koala habitat in green. The proposal results in clearing of koala habitat for the new boundary.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Biodiversity Overlay Code
Natural Hazards Overlay Code – Bushfire hazard area
Cooroibah Locality Code;
Reconfiguring a Lot Code;
Landscaping Code; and
Works Codes.
Locality Provisions
The subject site is located in the Cooroibah Locality and is zoned Rural Settlement. The proposed subdivision is required to follow a code assessable application process.
The proposed Lot 1 does not meet the minimum lot size of 2ha being 1.825ha. While there is sufficient space on proposed Lot 2 to provide Lot 1 with a compliant lot size, this would mean the new boundary would traverse the riparian buffer. On its own, the deficiency of 0.15 of a hectare appears to still allow sufficient space for the intended use. However, when combined with the following matters, significant concerns are raised.
The primary issues relate to development (driveway easement) in the riparian buffer area and bushfire hazard and are assessed together as the proposal seeks to remove vegetation within the riparian buffer area to accord with the Planning scheme, State Planning Policy and Queensland Fire and Emergency Services (QFES) requirements for access.
The following Figure 5 shows the location of the riparian buffer and the bushfire hazard over the site.

Figure 5 showing the Bushfire hazard and Riparian buffer maps
The pertinent issues arising from the proposal relate to the following provisions within the applicable codes:
Biodiversity Overlay Code
Vegetation retention and conservation
O1	Vegetation of local origin on premises identified as Environmental Protection Area or riparian Buffer Area of the Biodiversity Overlay Maps is retained and conserved in its present form or improved to ensure its ongoing contribution to the natural resources and biological diversity of the Noosa Shire.
O2 	For the purpose of Reconfiguring a Lot new lots are only created where they minimise the fragmentation and maximise the retention of existing vegetation.
Riparian Zones
O5 	The biodiversity and ecosystem values of watercourses, drainage lines, wetlands and adjacent riparian zones are protected by—
a) avoiding any new development in the riparian buffer area;
b) retaining aquatic and terrestrial habitat in riparian zones;
c) maintaining wildlife corridors along watercourses and drainage lines for native fauna movement;
d) avoiding edge effects and incompatible uses in riparian zones;
e) maintaining bank stability by minimising bank erosion and slumping;
f) maintaining water quality by filtering sediments, nutrients and other pollutants; and
g) removing undesirable plant species and replacing them with vegetation of local origin;
Koala Habitat Areas
O7 	Development is designed, constructed and operated to—
a) avoid adverse impacts on koalas and koala habitat;
b) provide measures to assist the survival of koala populations in the area to mitigate any potential threats or risks to koalas;
c) provide for safe and appropriate koala movement across the landscape; and
d) provide for a net gain in mature and actively regenerating koala habitat.
Filling and excavation
O15 	Vegetation is not adversely impacted upon by earthworks and changes to the hydrological regime, including changes to ground water levels, flooding levels, run-off and tidal hydraulics.
Fire management
O17	 Fire management measures are adopted based on ecological principles, which—
a) maintain and enhance biodiversity;
b) minimise threat of fire to the natural environment, life and property; and
c) provide for effective use and maintenance of buildings and structures.
Natural Hazards Overlay Code - Bushfire hazard areas
New Uses
O4 	The proposed use does not compromise the safety of people or property from bushfire.
O7 	Uses and works including building works are sited, designed and constructed to—
a) minimise the number of people and property subject to bushfire risk; and
b) maximise the protection of people and property during the passage of a fire front.
Firebreaks and fire access tracks
O11 	Firebreaks or fire access tracks provide—
a) adequate access for fire fighting and other emergency vehicles; and
b) adequate width to minimise the risk of fire crossover
Reconfiguring a Lot Code
O20 	Filling or excavation only occurs where it does not adversely impact on—
a) watercourses, drainage lines and wetlands; or
b) vegetation on land identified on Biodiversity Overlay Maps OM1.1-OM9.1; or
c) water levels on properties elsewhere
O22 	Native vegetation, including individual mature trees are retained, protected, maintained and supplemented, with particular consideration given to—
a) roadsides;
b) the amenity of adjoining land uses; and
c) the protection of environmentally sensitive areas.
Assessment
As a result of the vehicle access and for firefighting purposes, clearing of vegetation is required within the riparian buffer area. Benchmark 4 of the State Planning Policy – State Interest Guidance Material (Natural Hazards, Risks and Resilience – Bushfire) (SPP) requires a 20m wide easement consisting of a 4m wide trafficable area suitable for a firefighting vehicle with no embankments or retaining walls, an additional 3m on each side of the driveway clear of vegetation and the balance 10m, a managed area. This means that a 10m wide corridor clear of vegetation through the riparian buffer is required, and then a further 10m clear of major surface hazards. A copy of Table 4 of the SPP is provided below for reference.

Figure 6 – State Planning Policy – State Interest Guidance Material (Natural Hazards, Risks and Resilience – Bushfire) Table 4.
The applicant’s bushfire consultant contends the following-
‘I don’t see it as critically necessary that the 3m wide working area is cleared of all trees the entire length of the driveway.  The extent of clearing should ideally strike a balance between operational practicality and ecological conservation. A visually obvious ‘working area’ to 3m width along the sides of the driveway should comprise the dominant conditions however the presence of some scattered trees along the route within the 3m working area is not deemed an operational constraint so long as QFES can rapidly identify a suitable area/s to park and easily move about their vehicle.  Given the existing trees within the riparian zone are at low density, there is ample opportunity for QFES to effectively operate along the driveway and not be impacted by a tree with respect to having a 3m cleared zone either side of the driveway for fire vehicle doors to open etc.  As long as future regrowth is managed in this zone there is no real need to clear isolated/scattered individual trees within the 3m wide working area either side of the driveway. Common sense should prevail in this regard.’
It is not agreed with the applicant’s consultant, that ‘the presence of scattered trees is not deemed an operational constraint’ as the provisions clearly state that the area is cleared of all flammable vegetation greater than 0.1m in height.
The above relevant provisions of the Planning Scheme seek that, clearing of vegetation is avoided in the riparian buffer and that ecological areas are regenerated and that suitable access for firefighting is provided. Without the clearing of riparian vegetation within the 20m wide easement, access for firefighting is hampered and places people and property at unacceptable risk of bushfire. However, the code is clear that development in the riparian buffer is avoided, and the proposal seeks to clear and undertake development in the riparian buffer.
Further while it is noted that the area within the riparian buffer where the 20m access easement is proposed is not heavily vegetated, the 20m wide easement renders around 2,100m² of the riparian buffer unable to be regenerated. Noting the applicant has only shown on plan the trees required to be removed for the 4m wide driveway not the extent of clearing required for the additional 3m wide working area to each side of the driveway.
The codes also seek that vegetation is not adversely impacted upon by earthworks or changes to the hydrological regime. The driveway requires 2 culvert crossings, one to replace existing minor infrastructure, and a new crossing for a low lying area. In addition up to 0.65m of fill is required (approx. 400m³ of material). See Figure 6 for cut and fill plan

Figure 6 – Cut and fill plan. Green is fill and pink is cut
Furthermore, the battering from the fill is required to be of a slope which does not compromise firefighting appliance from accessing the ‘working area’. This means that a greater quantity of fill would be required to lengthen the batter to comply with the SPP. The driveway and fill also has the potential of changing the hydrological overland flows by redirecting water to areas that would not otherwise be inundated and potentially changing the flows within the riparian buffer area.
Koala habitat
While the State confirmed the subdivision is not ‘Prohibited development’ under Schedule 24 of the Planning Regulations, the Planning Scheme requires development avoid adverse impacts on Koala habitat and mitigate any threat to Koalas. The proposal is placing a new boundary through Koala habitat which gives rise to clearing of koala habitat. The new boundary does not avoid adverse impacts nor mitigate any threat to Koala habitat. In addition, rural residential living also gives rise to the potential for additional domestic animals in the area, which may be a threat to Koalas.
Noosa Plan 2020
The Noosa Plan 2020 contains similar provisions to that of the superseded planning scheme except for the minimum lot size being reduced to 1.5ha. Other than lot size, the same matters are raised for assessment which are considered to be contrary to the relevant provisions in the Noosa Plan 2020. Notably, the riparian buffer area in the Noosa Plan 2020 has increased in area.

Noosa Plan 2006- Riparian Buffer				Noosa Plan 2020 – Riparian Buffer
cONSULTATION
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Engineering officer
Ecologist
conclusion & REASONS FOR DECISION
The proposal seeks to subdivide an existing battle axe lot into 2 lots with a driveway traversing the riparian buffer area to access the rear lot 1. The driveway requires a 20m wide access easement to comply with the State Planning Policy for bushfire to accommodate firefighting appliances. The 20m wide easement requires the removal of vegetation within the riparian buffer. The proposal also removes approximately 2,000m² of riparian area from having the ability to be regenerated, given the easement and driveway width required.
The proposal cannot meet the relevant provisions in the State Planning Policy for bushfire without removing vegetation from within the riparian buffer, which is contrary to the Planning Scheme which seeks to both avoid development and to protect and regenerate such areas.
The proposal also seeks to remove Koala habitat for the new boundary contrary to the Planning Scheme provisions.
Accordingly, the application is recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer			Community Services		Corporate Services
	Executive Officer			Community Development		Financial Services
	Executive Support			Community Facilities		ICT
				Libraries & Galleries		Procurement & Fleet
				Local Laws		Property
				Waste & Environmental Health		Revenue Services
						
	Executive Services		x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement			Building & Plumbing Services		Asset Management
	Customer Service		x	Development Assessment		Buildings and Facilities
	Governance			Economic Development		Civil Operations
	People and Culture			Environmental Services		Disaster Management
				Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
						

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 OCTOBER 2021

[Attachment: image3.png (image text)]
 

PROPOSED DRIVEWAY > EXISTING 3.0m

BITUMEN DRIVEW2y  \

  
     
 
    
  
  
   
    
  
  

    

 

EXISTING CULVERT TO BE
REMOVED AND REPLACED SP179878
WITH 2 x 1700x300 REEC
CULVERTS

2

  

 

100:
SP%68341

  
   

101
SP 16836

200x800 REBC 3
EXISTING Low POINT TO. SP103608
PREVENT PONDING

   
 
   
 
 
 

 

     
  

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2 | 35
PPI36462 | RPI364G2


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an cn : posed Lot 1

iparian buffer in
ht green

 

Map showing the riparian buffer, approximately location of the vehicle access


[Attachment: image6.png (image text)]
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ord

Width Contains a width of at least 20 metres including
1. Atrafficable area (cleared and formed):
8. with a minimum width of 4 metres that can accommodate a rural firefighting vehicle
b. with no less than 4.8 metres vertical clearance from canopy vegetation
¢. with no adjacent inhibiting embankments or retaining walls
2. Aworking area each side of the trafficable area:
a. with a minimum width of 3 metres each side
b. cleared of all flammable vegetation greater than 0.1 metre in height
3. The balance (i.e. 10 metres width) managed vegetation area

@. sited to separate the trafficable area from adjacent mapped medium, high or very high
potential bushfire intensity areas managed vegetation

b. comprising managed vegetation clear of major surface hazards.

Access —_—_ Access is granted in favour of the local government and Queensland Fire and Emergency
Services

Not

 

— This access is commonly granted in the form of an easement that is to be maintained by the grantor
Egress Contains trafficable vehicle routes in to low hazard areas, every 200 metres.
Table 4— Fire trail and working area design parameters


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(Approx. 400m® of fill required
\Green is where fill is required
IPink is where cut is required

        
 
   

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