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Attachment C - Biodiversity Code

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Attachment C
Development Permit for Material Change of Use – Detached House and Secondary Dwelling situated at
Wygani Drive Noosa North Shore and described as Lot 276 on M37229

 Specific Outcomes                           Probable Solutions                          Proposal Response

 Environmental Protection Area &
 Environmental Enhancement Area
 vegetation & Riparian Buffer Area
 O1 Vegetation of local origin on            S1.1 An Ecological Assessment Report        N/A
 premises identified as –                    prepared in accordance with Planning
 a) Environmental Protection Area or         Scheme Policy 18 – Ecological
 Riparian Buffer Area on the                 Assessment Guidelines demonstrates
 Biodiversity Overlay maps OM1.1 to          that the flora on the premises does not
 OM9.1, is retained and conserved in its     constitute Environmental Protection
 present form or improved to ensure its      Area or Environmental Enhancement
 ongoing contribution to the natural         Area vegetation.11 OR
 resources and biological diversity of       S1.2 Where constructing a Detached          Extension to the existing dwelling and
 the Noosa Shire; and                        House; or Community residence               associated outbuildings are located in
 b) Environmental Enhancement Area           interference with vegetation does not       existing cleared areas and no
 on Biodiversity Overlay Maps OM1.1-         extend beyond—                              vegetation proposed to be removed.
 OM9.1,                                      a) 30m of a building or 10m of a
 i. is protected from the impacts of         structure on lots greater than 10ha; or
 development byi.avoiding edge effects;      b) 10m of a building or structure on lots
 ii. avoiding fragmentation; and             10ha or less but more than 0.3ha; or
 iii. maintaining vegetation in               c) 3m of a building or structure on lots
 manageable and viable configurations.       0.3ha or less.
 AND                                         S2.1 Where clearing vegetation on the       N/A
 O2 For the purpose of Reconfiguring a       premises is for the purpose of
 Lot new lots are only created where         Reconfiguring a Lot—
 they                                        a) new boundaries to lots do not
 minimise the fragmentation and              transect     and    fragment     existing
 maximise                                    vegetation;
 the retention of the existing vegetation.   b) new lots are created to allow for
                                             suitable house site areas or other future
                                             buildings and works to be located within
                                             existing cleared areas or areas of low
                                             ecological value; and
                                             c) building envelopes are designated for
                                             each lot.
 O3 Clearing vegetation only occurs          S3.1 No solution provided                   Extension to the existing dwelling and
 where—                                                                                  ancillary buildings have been sited in
 a) no other suitable cleared or partially                                               existing cleared areas. No vegetation
 cleared area is available on the                                                        proposed to be removed. Existing
 premises;                                                                               driveways and pathways to be utilized
 b) the development minimises the total                                                  and buildings to be connected to
 footprint within which all activities,                                                  existing solar panels.
 buildings, structures, driveways and
 other works are contained; and                                                          The proposed works enable retention of
 c) the development is located in areas                                                  the existing vegetation that is located
 of low ecological value over other areas,                                               outside of the Riparian Area.
 to the greatest extent practicable.
 Wetlands
 O4 Wetlands are protected from              S4.1 A minimum separation distance of       The site contains several man made
 removal or degradation and any              100m is provided between a wetland          dams that have been constructed over
 adverse impacts on wetlands are             and any adjacent development or use.        the years. These dams are for
 prevented, minimised or mitigated by—                                                   ornamental purposes and control
 a) maintaining adequate separation                                                      stormwater over the site. The proposed
 between the wetland and any adjacent                                                    works are indicated by the applicant as
 development or use;                                                                     not affecting the integrity of these dams.
 b) minimising any modification of the
 natural characteristics of the wetland,
 including the topography, surface and
 groundwater hydrology, water quality
 and flora and fauna species;
 c) preventing any new development
 within wetlands;
 d) minimising access to the wetland;
 e) minimising impacts associated with
 pest insect control and invasion by
 undesirable plant species; and
 f) providing for the rehabilitation and
 replanting of degraded wetlands
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Riparian Zones
O5 The biodiversity and ecosystem           S5.1 No new development occurs on, or       The applicant has met on site with
values of watercourses, drainage lines,     partly on, premises indicated as            Council officers Lisa Pienaar and Conor
wetlands and adjacent riparian zones        Riparian Buffer Area on Biodiversity        Neville      to     discuss     possible
are protected by—                           Overlay Maps OM1.1 to OM9.1, except         development of the site. During this
a) avoiding any new development in the      for—                                        meeting it was noted that:
riparian buffer area;                       a) temporary use of the land; or
b) retaining aquatic and terrestrial        b) infrastructure which provides access     - the existing dwelling was located
habitat in riparian zones;                  to a watercourse for recreational           within the Riparian buffer
c) maintaining wildlife corridors along     purposes; OR                                - it would not be reasonable to locate
watercourses and drainage lines for                                                     any new structures outside the Riparian
native fauna movement;                      S5.2 Where constructing a Detached          zone;
d)    avoiding edge effects and             house or Community residence and on         - no vegetation would be removed
incompatible uses in riparian zones;        an allotment situated wholly within the     - the existing dwelling has a strong
e) maintaining bank stability by            Riparian Buffer Area,                       relationship with the foreshore.
minimising bank erosion and slumping;       a) fronting the Noosa River –
f) maintaining water quality by filtering   development is setback a minimum of         In support of the proposal it is noted that
sediments,       nutrients  and     other   40m from mean high water spring or as       the extensions to the dwelling are
pollutants; and g) removing undesirable     otherwise     prescribed     by     the     located approximately 33 meters from
plant species and replacing them with       Environmental Protection Agency’s           the high water line and do not remove
vegetation of local origin;                 Erosion Prone Area Maps;13                  any existing vegetation. Further, the
                                            b) not fronting the Noosa River –           containers and sheds are located
                                            development is located outside the          approximately 97 metres from the high
                                            riparian zone and setback a suitable        water line in cleared areas.
                                            distance from the watercourse having
                                            regard to the development constraints
                                            of the property and the need to protect
                                            environmental and riparian values; OR

                                            S5.3 For Animal husbandry on
                                            premises in the Rural Zone—
                                            a) stock proof fencing is installed along
                                            watercourses at a distance of no less
                                            than 10m from the top of the bank;
                                            b) stock watering points are located no
                                            less than 15m away from the top of the
                                            bank of watercourses; and c) stock
                                            crossing points across watercourses
                                            are defined and controlled with stock
                                            proof fencing, to prevent stock from
                                            damaging riparian vegetation or banks
                                            to watercourses; OR S5.4 Recreational
                                            facilities   (including     playgrounds,
                                            pergolas, barbeques etc) are setback a
                                            minimum of 30m from the top of the
                                            bank of a watercourse and 10m from
                                            the top of the bank of a drainage line;
                                            OR S5.5 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 5 m Stream order 3 or 4 10
                                            m Stream order greater than 4 20 m
                                            AND
                                            S5.6 Where Forestry is carried out on
                                            that part of premises indicated as
                                            Riparian Buffer Area and outside the
                                            separation distances specified in
                                            S5.5—
                                            a) species planted are of local origin
                                            and are harvested through sustainable
                                            harvesting; and
                                            b) any undesirable plant species are
                                            replaced by vegetation of local origin.
Managing public access and edge
effects
O6 Development on land adjacent to a        S6.1 Development adjacent to a              No new lots or road proposed.
waterway or wetland maintains an            waterway or wetland provides that—
appropriate extent of public access to       a) no new lots directly back onto the
waterways and wetlands and minimises        riparian area; and
edge effects.                               b) new public roads are located
                                            between the riparian buffer and the

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                                             proposed development areas.
Koala Habitat Areas
O7      Development      is    designed,     S7.1 Development avoids removing              No clearing of vegetation proposed.
constructed and operated to—                 and fragmenting koala habitat and
a) avoid adverse impacts on koalas and       includes koala        sensitive   design
koala habitat;                               measures consistent with the Nature
b) provide measures to assist the            Conservation (Koala) Conservation
survival of koala populations in the area    Plan 2006 and Management Program
to mitigate any potential threats or risks   2006- 2016 and Koala Sensitive Design
to koalas;                                   Guideline 201214 .
c) provide for safe and appropriate           S7.2 Where clearing of non-juvenile
koala movement across the landscape;         koala habitat trees is unavoidable in an
and                                          area shown as bushland habitat, high
d) provide for a net gain in mature and      value rehabilitation habitat or medium
actively regenerating koala habitat.         value rehabilitation habitat on the map
                                             called ‘Map of Values’ 15, such clearing
                                             is minimised and a biodiversity offset is
                                             provided in accordance with the
                                             Queensland Environmental Offset
                                             Policy.
Open space networks & ecological
linkages
O8 Open space networks and                   S8.1 Vegetation and ecological                Vegetation will be maintained on site.
ecological linkages are maintained and       linkages       are    enhanced      through
enhanced to provide for safe movement        revegetation,        rehabilitation     and
of fauna and viable connectivity             vegetation maintenance in areas
between ecologically important areas         indicated in Schedule 5 on Map 4 -
by protecting and replanting vegetation      Open Space Networks in such a way as
of local origin—                             to—
a) along and around watercourses,            a) ensure protection of wildlife refuges;
wetlands, drainage lines and ridgelines;     b) facilitate the dispersal and movement
and                                          of native wildlife; and
b) as linkages between areas of              c) maintain vegetation in patches of the
remnant vegetation, including—               greatest possible size and with the
i. across property boundaries;               smallest possible edge-to-area ratio.
ii. to areas of national park,               AND
conservation park, State forest or
reserve; and                                 S8.2 Development is sited and                 Extension to the dwelling and ancillary
iii. into adjoining local government         designed to—                                  buildings located in cleared areas.
areas.                                       a) maximise the ecological connectivity       Separation      distances     between
                                             of vegetation within the site and to          buildings   provide     good     fauna
                                             adjacent sites;                               movement through site.
                                             b) to avoid creating physical barriers
                                             and safety hazards (such as roads,
                                             pedestrian access and in-stream
                                             structures) to the movement of fauna
                                             along and within the ecological linkage;
                                             and
                                             c) provide mitigation measures such as
                                             wildlife movement infrastructure, fauna
                                             exclusion and directional fencing,
                                             underpasses, overpasses and traffic
                                             calming devices, signage and lighting
Scenic amenity
O9 The scenic amenity and vegetated          S9.1 and S10.1 Vegetation is retained         Existing vegetation on site to be
character of the locality and its            and enhanced—                                 retained.
watercourses, drainage lines, sloping        a) within 30m of prominent ridgelines
land and ridgelines is retained and          and hill slopes;
enhanced; AND                                b) in gullies;
O10 Vegetation which makes a positive        c) along watercourses and drainage
contribution to the streetscape or major     lines; and
road network is retained.                    d) within 10m of road reserves.
Habitat trees
O11 Habitat trees (including dead trees)     S11.1 No clearing of koala habitat trees      No clearing of vegetation proposed
and recruitment habitat trees are            greater than 4m in height or with a
protected for native fauna habitat,          diameter greater than 100mm at 1.3m
where practicable.                           above the ground; AND
                                             S11.2 No clearing of other habitat trees
                                             or recruitment habitat trees.
Lake Macdonald
O12 Vegetation within 400m of the full       No solution provided.                         N/A
ponded water within Lake Macdonald is
retained.
Steep slopes
O13 Vegetation on steep slopes is            No solution provided                          N/A

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retained and managed to avoid erosion
and landslide and to protect natural
resources and values.
Engineering and site works
O14 Development is sited and designed        S14.1       Works,     including    roads,    Proposed building are located in an
to— a) provide adequate separation           driveways, fences, sewer lines and            area that contains scattered vegetation.
distance between the vegetation to be        other infrastructure—
protected and the development to avoid        a) do not transect areas of vegetation;
disturbing,      destabilising    and        or
deoxygenating any tree or altering the       b) are co-located within a combined
drainage;                                    utility corridor; and
b) avoid traversing or fragmenting           c) provide for fauna underpasses,
vegetation or habitats for significant       speed        reduction     devices    and
flora or fauna species; and                  associated fencing, lighting and
c) avoid creating barriers to faunal         warning signs, where appropriate; AND
movement                                     S14.2 Development within or adjacent          No fencing is proposed.
                                             to areas of vegetation, incorporate
                                             fauna friendly fences; AND
                                             S14.3 Vegetation is protected from            Proposal able       to    comply   with
                                             interference resulting from clearing or       requirements.
                                             construction activities by—
                                             a) clearly marking vegetation to be
                                             retained with flagging tape;
                                             b) installing protective fencing around
                                             the dripline of the vegetation and avoid
                                             filling and excavation in these fenced
                                             areas; and c) ensuring stock piling,
                                             storage and vehicle parking occur
                                             outside the identified vegetation areas;
                                             AND
                                             S14.4       Low     impact    construction    Proposal able       to    comply   with
                                             techniques are used around vegetation         requirements
                                             to minimise interference with the
                                             vegetation.
Filling and excavation
O15 Vegetation is not adversely              No solution provided                          Detached dwelling to be located above
impacted upon by earthworks and                                                            ground level by means of an elevated
changes to the hydrological regime,                                                        platform.
including changes to ground water
levels, flooding levels, run-off and tidal                                                 Minor filling has been undertaken to
hydraulics.                                                                                create a small pad for the proposed
                                                                                           garage.

Replanting and rehabilitation
O16     Development       provides     for   S16.1 Landscaping and rehabilitation          The applicant has indicated that they
ecologically important areas to be           complements and supports ecologically         have carried out replanting across the
restored and enhanced through the            important habitats by—                        site.
following    measures—        a)   siting    a) utilising native plants of local origin;
landscaped areas to complement and           b) utilising suitable plant species
enhance existing vegetation; b) removal      identified in PSP3 – Landscaping Plants
of all species likely to displace native     and Guidelines;
flora species or degrade fauna habitat;      c)     replicating    adjacent     remnant
c) replanting and rehabilitating16           habitats,       including      understorey
degraded habitat; and d) replacing any       vegetation;
vegetation removed with suitable             d) creating or enhancing linkages
replacement vegetation of local origin.      between existing habitats;
                                             e) avoiding the use of undesirable plant
                                             species listed in Table 9.1 of PSP3
                                             Landscaping Plants and Guidelines;
                                             and
                                             f) planting riparian zones to filter
                                             stormwater run-off and provide for
                                             wildlife habitat; AND
                                             S16.2 Vegetation removed is replaced
                                             with—
                                             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
                                             of local origin.

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Fire management                                No solution provided
O17 Fire management measures are                                      Proposed dwelling will comply with
adopted based on ecological principles,                               relevant      regulations.      Proposed
which—                                                                buildings have been located away from
a) maintain and enhance biodiversity;                                 the significant vegetation at the rear of
b) minimise threat of fire to the natural                             the site to reduce potential bushfire
environment, life and property; and                                   issues and clearing
c) provide for effective use and
maintenance        of     buildings     and
structures.
Clearing protected vegetation in the
protected vegetation overlay area
O18 Clearing protected vegetation does         No solution provided   No clearing proposed.
not involve—
a) the removal of vegetation in
ecologically important areas;
b) removal of vegetation or habitat for
fauna identified or referred to as
requiring protection in State or
Commonwealth legislation;
c) removal of vegetation located on a
prominent hillside, slope or ridgeline;
d) vegetation within 400 metres of the
full level of ponded water within Lake
Macdonald;
e) removal of riparian vegetation;
f) vegetation which is or is capable of
forming or contributing to a buffer
between different land uses;
g) vegetation which is or is capable of
forming or contributing to a visual buffer
or a buffer against pollution, light
spillage or noise;
h) vegetation which contributes to
scenic amenity or landscape quality;
i) vegetation the clearing of which may
cause or contribute to erosion or
slippage
O19 Clearing protected vegetation does         No solution provided   No clearing proposed.
not increase the likelihood of or result in
adverse impacts on—
a) remnant vegetation of local origin,
classified as remnant of concern
regional     ecosystem       or    remnant
endangered regional ecosystem or is
vegetation located in a wetland;
b) the diversity of flora or fauna species
supported or likely to be supported by
the vegetation community;
c) a flora or fauna community or
individual     species       which      has
conservation status in State or
Commonwealth legislation;
d) hydrology of an area or upon a
hydrologically-sensitive               plant
community       such      as     heathland,
sedgeland,      melaleuca       forest    or
mangrove forest;
e) a water catchment area or water
quality; f) vegetation which has cultural
heritage values;
g) vegetation required to support,
protect and maintain biodiversity values
within the Noosa Shire, whether these
be of local, regional, state or national
significance;
h) a person or industry reliant on
maintaining the vegetation; or
i) neighbouring land, scenic amenity
and environmental values.

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