SMK (Gatton) Pty Ltd...SMK (Gatton) Pty Ltd Surveying - Irrigation - Environmental (SMK Gatton Pty...

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SMK (Gatton) Pty Ltd Surveying - Irrigation - Environmental (SMK Gatton Pty Ltd – ABN 81466100886, A.C.N. – 122955293) 5/27 Railway Street Hunter Arcade Ralph P Kinsella PO Box 109 Cadastral Surveyor GATTON Q 4343 Daniel P Lawless Phone 07 5462 2989 Reg. Graduate Surveyor. Fax 07 5462 2288 Mobile 0427 713508 Email [email protected] ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- MOREE GOONDIWINDI GATTON BRISBANE 1 14 August 2019 Our Ref: 17067 Chief Executive Officer Somerset Regional Council P.O. Box 117, ESK QLD 4312 Dear Sir/Madam, RE: DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT (ROL) APPLICATION FOR A FOR A SIX (6) INTO SIX (6) LOT RURAL BOUNDARY REALIGNMENT OWNERS: MEADOW FARMS PTY LTD APPLICANTS: MEADOW FARMS PTY LTD Our clients, Meadow Farms Pty Ltd, have instructed us to prepare this application on their behalf. Please find enclosed our report presenting a six (6) into six (6) Lot Boundary Realignment. The report addresses the legislative requirements for assessment of the proposal. We look forward to correspondence from council in these matters. Please contact the writer if you require any further information. Yours faithfully D Lawless SMK (Gatton) Pty Ltd Daniel Lawless Graduate Surveyor Encl

Transcript of SMK (Gatton) Pty Ltd...SMK (Gatton) Pty Ltd Surveying - Irrigation - Environmental (SMK Gatton Pty...

  • SMK (Gatton) Pty Ltd Surveying - Irrigation - Environmental

    (SMK Gatton Pty Ltd – ABN 81466100886, A.C.N. – 122955293)

    5/27 Railway Street Hunter Arcade

    Ralph P Kinsella PO Box 109 Cadastral Surveyor GATTON Q 4343 Daniel P Lawless Phone 07 5462 2989

    Reg. Graduate Surveyor. Fax 07 5462 2288 Mobile 0427 713508 Email [email protected] ----------------------------------------------------------------------------------------------------------------

    ---------------------------------------------------------------------------------------------------------------- MOREE GOONDIWINDI GATTON BRISBANE 1

    14 August 2019 Our Ref: 17067

    Chief Executive Officer Somerset Regional Council P.O. Box 117, ESK QLD 4312 Dear Sir/Madam,

    RE: DEVELOPMENT PERMIT - RECONFIGURATION OF A LOT (ROL) APPLICATION FOR A FOR A SIX (6) INTO SIX (6) LOT RURAL

    BOUNDARY REALIGNMENT

    OWNERS: MEADOW FARMS PTY LTD APPLICANTS: MEADOW FARMS PTY LTD Our clients, Meadow Farms Pty Ltd, have instructed us to prepare this application on their behalf. Please find enclosed our report presenting a six (6) into six (6) Lot Boundary Realignment. The report addresses the legislative requirements for assessment of the proposal. We look forward to correspondence from council in these matters. Please contact the writer if you require any further information. Yours faithfully

    D Lawless SMK (Gatton) Pty Ltd Daniel Lawless Graduate Surveyor Encl

    mailto:[email protected]

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    PLANNING REPORT FOR THE RECONFIGURATION OF A LOT

    6 INTO 6 LOT BOUNDARY REALIGNMENT

    LOT DESCRIPTION LOT 298 ON SP172050 LOT 299 ON SP172050

    LOT 97 RP213709 LOT 22 SP172048 LOT 23 SP172048 LOT 80 CSH510

    PROPERTY ADDRESS Kavanagh Road,

    MOUNT TARAMPA, QLD 4311

    PREPARED FOR: MEADOW FARMS PTY LTD

    KAVANAGH ROAD, MOUNT TARAMPA, QLD 4311

    PREPARED BY: SMK (GATTON) Pty Ltd 27 RAILWAY STREET

    GATTON QLD 4343

    AUGUST 2019

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    Table of Contents Executive Summary .......................................................................... 5

    Site Description ................................................................................ 5

    Introduction ............................................................................ 5

    Attached Supporting Information ..................................................... 6

    Proposed Development .......................................................... 6

    Location ............................................................................................ 7

    Background ....................................................................................... 7

    Existing Infrastructure .......................................................... 7

    Lot Design ............................................................................. 12

    Services ........................................................................................... 12

    Vehicle Access ............................................................................... 15

    Planning Scheme Overlays ............................................................. 15

    Legislative Assessment ......................................................... 16

    South-East Queensland Regional Plan ........................................... 16

    State Planning Policy – Assessment Benchmarks .......................... 17

    State Development Assessment Provisions .................................... 20

    Sections Of The Code: .................................................................... 21

    Addressing The Planning Scheme .................................................. 22

    Part 3 – Strategic Framework ......................................................... 22

    3.2 – Strategic Intent ................................................................... 22

    3.3 – Settlement Pattern .............................................................. 22

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    3.4 – Natural Environment .......................................................... 22

    3.5 – Natural Resources .............................................................. 22

    3.6 – Community Identity & Regional Landscape Character ..... 23

    3.7 – Economic Development ..................................................... 23

    3.8 – Infrastructure And Services ................................................ 23

    3.9 – Transport ............................................................................ 23

    Part 5 – Tables Of Assessment ....................................................... 24

    Part 7 — Overlays .......................................................................... 24

    7.2.1 – Agricultural Land Overlay Code ..................................... 24

    7.2.3 – Biodiversity Areas Overlay Code ................................... 26

    7.2.4 – Bushfire Hazard Overlay Code ....................................... 34

    7.2.5 – Catchment Management Overlay Code .......................... 36

    7.2.7 – Flood Hazard Overlay Code ............................................ 39

    7.2.8 – HIA Management Area Overlay Code ............................ 41

    7.2.9 – Infrastructure Overlay Code ............................................ 42

    7.2.10 – Landslide Hazard Overlay Code ................................... 44

    7.2.12 – Scenic Amenity Overlay Code ...................................... 45

    Part 8 — Devlopment Codes ......................................................... 48

    8.3.4 – Reconfiguring A Lot Code .............................................. 48

    8.3.6 – Transport, Access And Parking Code ............................. 53

    Conclusions ........................................................................... 58

    Appendices ............................................................................ 59

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    EXECUTIVE SUMMARY Applicant: Meadow Farms Pty Ltd, c/o SMK (Gatton) Pty Ltd Owner(s): Meadow Farms Pty Ltd Lot on Plan Description: Lots 298 & 299 SP172050, 97 RP213709, 80 CSH510, 22 & 23

    SP172048 Property Address: Kavanagh Road, Mount Tarampa, Qld 4311 Local Authority: Somerset Regional Council Planning Scheme: Somerset Regional Council Planning Scheme March 2016 Planning Scheme Zoning: Rural Zone SITE DESCRIPTION

    The proponent, Meadow Farms Pty Ltd, wish to realign the boundaries of their Mount Tarampa property to better utilize the land for the existing use. The site contains an existing dairy that will be entirely contained within proposed lot 1. The existing dwelling that is included in this proposal will be located in proposed lot 6 as per Proposal Plan 17067–7. The site contains six (6) existing lots that range in size significantly, the proposed reconfiguring of a lot will allow for the removal of two smaller lots and the creation of lots that will allow for the lots to better represent the land. The proposed new boundary layout is shown in Appendix G at the end of this report. The proposed development is consistent with Somerset Regional Council Planning Scheme, South East Queensland Regional Plan (SEQRP) and State Planning Policy (SPP). The proposal will not require referral against any of the 24 state codes in the State Development Assessment Provisions (SDAP). The proposal is for the development consent from Council and will not include any operational works or change of use of any of the lots. The proposed development is permissible with the consent of council.

    INTRODUCTION

    This application is to gain approval to carry out a 6 into 6 Lot boundary realignment Lots 298 & 299 SP172050, 97 RP213709, 80 CSH510, 22 & 23 SP172048 (Kavanagh Road) as indicated on the attached Smart Map (Queensland Government, Department of NR&M), compiled on plan 17067-7 and zoned ‘Rural’, Somerset Regional Planning Scheme.

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    ATTACHED SUPPORTING INFORMATION

    • Planning Report (this document) • Appendix A: DA Form 1 • Appendix B: Owners Consent • Appendix C: DA Maps & SPP Maps • Appendix D: Smart Map • Appendix E: Survey Plans – SP172048, SP172050, RP213709 and CSH510 • Appendix F: Electronic Titles - Lots 298 & 299 SP172050, 97 RP213709, 80 CSH510,

    22 & 23 SP172048 • Appendix G: Proposal Plan 17067 – 7 • Appendix H: NBN Connection Map • Appendix I: OM001b – Agricultural Land Overlay (South) • Appendix J: OM003b – Biodiversity Overlay (South) • Appendix K: OM003d – Koala Conservation Overlay (South) • Appendix L: OM004b – Bushfire Hazard Overlay (South) • Appendix M: OM005b – Catchment Management Overlay (South) • Appendix N: OM007b – Flood Hazard Overlay (South) • Appendix O: OM008b – HIA Management Area Overlay (South) • Appendix P: OM009f – Infrastructure Overlay • Appendix Q: OM010b – Landslide Hazard Overlay (South) • Appendix R: OM012b – Scenic Amenity Overlay • Appendix S: ZM001b – Regional Zone Map (South)

    PROPOSED DEVELOPMENT The intent of this application is to apply to council for a 6 into 6 Lot Subdivision over Lots 298 & 299 SP172050, 97 RP213709, 80 CSH510, 22 & 23 SP172048 (Appendix F) and gain a development approval for a ROL and undertake a ‘Plan of Survey’ for plan registration purposes (layout based on Appendix G).

    Whilst the proposal will create five lots that are below the minimum lot size requirements of the rural zone as indicated in Table 8.3.4.3.B of the Somerset Regional Planning Scheme it does cancel out two very small lots in the rural zone, the proposed six (6) lots will also be of similar sizes to a number of lots that already exist in the Rural zone. There are numerous lots located in the surrounding area, all zoned ‘Rural’, that are either smaller in size than the proposed lots or very similar in size. Purpose of Application;

    • Rural land use.

    The property consists of six titles, Lots 298 & 299 SP172050, 97 RP213709, 80 CSH510, 22 & 23 SP172048 – Appendix F. All existing lots have existing legal access from Kavanagh Road and Mullers Road – Appendix G.

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    The site is located within a rural setting as shown on Appendix S. Proposed lot 1cotains the existing diary and the vast majority of farmland and proposed lot 6 contains the existing dwellings and related structures. Proposed lot 1 will consolidate the majority of the existing higher quality rural land that has been used for agricultural purposes. LOCATION The property is situated at Kavanagh Road Mount Tarampa; it is located approximately 11 kilometres by road from Lowood. Lots 23 on SP172048, 97 on RP213709, 298 & 299 on SP172050 all back onto the Lockyer Creek. BACKGROUND Our clients, Meadow Farms Pty Ltd are wishing to realign the boundaries of the existing six (6) lots of their farm on Kavanagh Road, Mount Tarampa. The proposal will not create any new lots, it will realign the boundaries to allow for the better use of the land and create more viable lots to avoid incompatible land uses. The design of proposed lot 6 will incorporate the existing dwellings as well as the existing shed and other related infrastructure for the dwelling. The reason for the proposed design of lot 6 is to incorporate all of this infrastructure and the dwelling in one lot without having any impacts on the existing dairy. It also contains the area of the worst soil on the farm that is the least suitable for primary production, Proposed lot 6 will also incorporate the existing dwelling and related infrastructure. The lot design allows for the shed and dwelling to be incorporated into this lot while allow for the functioning of the existing diary. The proposed shape and design of proposed lot 6 is the most suitable for retaining the existing shed and dwelling on the lot and not excluding the existing diary from proposed lot 1. EXISTING INFRASTRUCTURE

    Available Services include: • Power • NBN – ‘Fixed Wi-Fi’ Area

    The existing buildings and infrastructure that are included in this proposal are connected to the reticulated electricity supply, there will be no changes to these existing connections. The proposal includes the extension of the Energex low voltage network up Mullers Road to supply proposed lot 2 and a new power pole installed in the south east corner of proposed lot 6 with direct connections to the overhead line in front of proposed lots 3 to 5.

    The proposal occurs in an area that is not serviced by the reticulated sewer system. The existing homestead that will be located on proposed lot 1 is connected to an adequate onsite sewerage system, this proposal will make no changes to the existing connection to the onsite sewer system. Proposed lots 2 to 6 do not have existing connections to onsite sewer systems. If/ when required these lots will be connected to an adequate onsite sewer system.

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    The proposal occurs in an area that has been identified as a ‘Fixed Wireless’ Area as shown in Appendix H. The proposal will not require connection to underground communication cabling.

    The site of the proposal is not serviced by the Council’s reticulated water supply. The existing homestead is connected to an adequate supply of water, proposed lots 2 to 6 do not have existing connections to a water supply, if/ when required they will be connected to an adequate supply of water.

    There will be no changes to the road network, all existing stormwater discharge points will be retained as a result of this proposal.

    The location of the subdivision is situated in a rural area and as such, the minimum service connections are available. The site has existing connections to Power and is located in a ‘Fixed Wireless’ Area. The site does not have existing connections to the reticulated water. The proposal does not include the extension of any sewerage systems. Each lot would utilize, when required, an onsite sewage disposal system that would be located outside of any direct inland flow.

    Proposed lot 1 will include two access points, one from the unnamed road reserve as shown in Photo 1 below, if/ when required the road reserve will be extended in the future to service the proposed access point and the second at the existing connection point with the developed Kavanagh Road. This proposal will make no changes to the existing access. Proposed lot 2 will utilize existing access from Mullers Road as shown in Photo 2 below. Proposed lots 3 to 5 will have new access points created along the Kavanagh Road as shown in Photo’s 3, 4 and 5. Proposed lot 6 will utilize an existing access point from Kavanagh Road as shown in Photo 6.

    The existing dwelling, shed and included infrastructure that would be located in proposed lot 6 is currently accessed via an unsealed road from Kavanagh Road. This proposal does not include the construction of any new roads; all lots will be serviced by the existing road network.

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    Photo 1 – Access for Proposed Lot 1.

    Photo 2 – Photo looking at the existing access for Proposed Lot 2.

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    Photo 3 – Photo showing Access to Proposed Lot 3.

    Photo 4 – Photo showing access for Proposed Lot 4.

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    Photo 5 – Photo showing Access from Kavanagh Road for Proposed Lot 5.

    Photo 6 – Photo showing the existing access for Proposed Lot 6.

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    LOT DESIGN The application proposes a 6 into 6 Lot Subdivision, the proposal will not alter the stormwater drainage of the site. The current Lot layout is as shown below;

    • Lot 298 SP172050 – 31.35 ha • Lot 299 SP172050 – 28.48 ha • Lot 97 RP213709 – 32.11 ha • Lot 80 CSH510 – 0.20 ha • Lot 22 SP172048 – 2.11 ha • Lot 23 SP172048 – 49.08 ha (see Appendix F)

    The proposed Lot layout shown on Proposal Plan 17067-7 (Appendix G), indicate the following calculated Lot sizes:

    • Proposed Lot 1 – 132.23 ha, existing dairy farm and dwellings. • Proposed Lot 2 – 3.411 ha, vacant land, no vegetation • Proposed Lot 3 – 1.736 ha, farming land • Proposed Lot 4 – 1.736 ha, farming land, partial existing dam to be filled in • Proposed Lot 5 – 1.736 ha, farming land, partial existing dam to be filled in • Proposed Lot 6 – 2.474 ha, existing dwelling and existing farmland

    The site contains very minimal vegetation, this proposal does not include any construction or any operational works and will not change the use of the land, there will be no removal of any vegetation as a result of this proposal. Proposed lot 4 and proposed lot 5 contain an existing effluent dam that will be removed as a result of this proposal and relocated above the flood level of the Lockyer Creek, away from proposed lots 3 to 5. The proposed lot layout is configured to allow for the future sale of multiple lots, the lot layout is similar to that of the surrounding land and other subdivisions that have occurred in the area, the proposed size of the lots is of similar size to a large number of lots in the ‘Rural’ zone. The proposed lot layout will be consistent with the surrounding lots in size and nature of use. SERVICES

    The proposal occurs in an area that is not serviced by the reticulated sewer system. The existing homestead that will be located on proposed lot 6 is connected to an adequate onsite sewerage system, this proposal will make no changes to the existing connection to the onsite sewer system. Proposed lots 1 to 5 do not have existing connections to onsite sewer systems. If/ when required these lots will be connected to an adequate onsite sewer system.

    The proposal occurs in an area that has been identified as a ‘Fixed Wireless’ Area as shown in Appendix H. The proposal will not require connection to underground communication cabling.

    The site of the proposal is not serviced by the Council’s reticulated water supply. The existing homestead is connected to an adequate supply of water, proposed lots 1 to 5 do not have existing connections to a water supply, if/ when required they will be connected to an adequate supply of water.

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    The proposal does not include any changes to the existing road network and it will allow for the continued discharge of stormwater to legal discharge points.

    The location of the subdivision is situated in a rural area and as such, the minimum service connections are available. The site has existing connections to Power and is located in a ‘Fixed Wireless’ Area. The site does not have existing connections to the reticulated water. The proposal does not include the extension of any sewerage systems. Each lot would utilize, when required, an onsite sewage disposal system that would be located outside of any direct inland flow.

    The proposal includes extensions to the existing reticulated electricity supply as stated above allowing all of the proposed six lots to be serviced, the existing power line layout is shown in Photo 7 and Photo 8 below.

    Photo 7 – Photo showing the existing power line servicing the existing diary on Proposed Lot 1.

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    Photo 8 – Photo looking South – West down the Mullers Road reserve.

    Photo 9 – Photo looking North – West down Kavanagh Road.

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    VEHICLE ACCESS

    Proposed lot 1 and proposed lots 3 to 6 will have new access points to Kavanagh Road. Proposed lot 2 will utilize existing access to Mullers Road with no changes included in this proposal. Proposed lot 6 will use an existing access point to Kavanagh Road, there will be no changes made to this existing access point. Photo 9 shows the existing Kavanagh Road. EXISTING AND PROPOSED LOT FRONTAGE DIMENSIONS AND AREAS The proposed layout of the new lots allows for each lot to have maximum frontage to the road and allows for each lot to meet the required road frontage size as per Table 8.3.4.3.B – Minimum Lot Size and Dimensions. PLANNING SCHEME OVERLAYS

    AGRICULTURAL LAND – APPENDIX I The site of the proposal includes land that has been identified as an Important Agriculture Area and Class ‘A’ Agricultural Land. The proposal has been assessed against the Agricultural Land Overlay Code.

    BIODIVERSITY – APPENDIX J & APPENDIX K The proposed development occurs on land that has been identified as a Biodiversity Corridor, an area of the proposed reconfiguring of a lot also occurs in an identified Bushland Koala Habitat – Secondary Habitat Areas, the proposal has been assessed against the Biodiversity Overlay Code, including the Performance Outcomes relating to Koala Habitats and Koala Conservation.

    BUSHFIRE HAZARD – APPENDIX L The proposal includes an area that has been identified as a Medium Potential Bushfire Intensity and a Potential Impact Buffer. The proposal will not adversely impact the resilience of people and property to bushfire hazards, the proposal has been assessed against the Bushfire Hazard Overlay Code.

    CATCHEMENT MANAGEMENT – APPENDIX M The site contains an area that has been identified as a Higher Risk Catchment Area (Water Supply Buffer Area) and the 100 metre buffer to a watercourse in the Higher Risk Catchment Area as well as a Lower Risk Catchment Area. The proposal has been assessed against the Catchment Management Overlay Code.

    FLOOD HAZARD – APPENDIX N The location of the subject property has been identified as a Potential Flood Hazard Area, the proposal has been assessed against the Flood Hazard Overlay Code. The proposed reconfiguration of a lot will not impact on the resilience of people or property to flood hazards.

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    HIGH IMPACT ACTIVITIES MANAGEMENT AREA – APPENDIX O The proposal occurs in the area that has been identified as a High Impact Activities Management Area. The proposal does not include any High Impact Activities. The proposal has been assessed against the High Impact Activities Management Code.

    INFRASTRUCTURE – APPENDIX P The proposal includes a 33kV Electricity Transmission Line as per Appendix P, the proposal has been assessed against the Infrastructure Overlay Code. The proposed reconfiguring of a lot will not have an adverse impact on the high voltage electricity transmission line.

    LANDSLIDE HAZARD – APPENDIX Q An area of land included in this proposal has been identified as a Landslide Hazard Area (where slope is equal to or greater than 15%). The proposal will not include any buildings or structures in this area and the proposal will not increase the risk to people or property from a landslide. The proposal has been assessed against the Landslide Hazard Overlay Code.

    SCENIC AMENITY – APPENDIX R Some of the property is located in the ‘High Scenic Amenity Area’ (SAM2004 Scenic Amenity ratings 9 & 10A, plus rating 8 within 500m of major routes, and lakes within view of major routes). The proposed development will not have an adverse impact on this area and there are no buildings or structures included in the proposal. The proposal has been assessed against the Scenic Amenity Overlay Code.

    LEGISLATIVE ASSESSMENT

    SOUTH-EAST QUEENSLAND REGIONAL PLAN (SEQRP)

    The site is situated within the Regional Landscape and Rural Production Area of the South – East Queensland Regional Plan (SEQRP) August 2017. Regional Landscape and Rural Production Area Intent

    The Regional Landscape and Rural Production Area (RLRPA) is a large and important part of SEQ, surrounding the Urban Footprint and Rural Living Area. It provides important values that help sustain the region socially, culturally, economically and environmentally. The intent of the RLRPA is to:

    • Protect the values of this land from encroachment by urban and rural residential development

    • Protect natural assets and regional landscapes, and ensure their sustainable use and management

    • Support development and economic growth of rural communities and industries. The RLRPA is to be protected from inappropriate development, particularly urban and rural residential development.

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    The proposed reconfiguring of a lot proposal will allow for the proposed lots to protect the values of the land and protect the natural assets and regional landscapes of the area. The proposed lots will be of similar size to adjoining lots and lots throughout the surrounding area that is also included in the Regional Landscape and Rural Production Area (RLRPA). The proposal will support regional communities and will promote the economic growth and development of these areas in the RLRPA. STATE PLANNING POLICY – STATE INTEREST POLICIES AND ASSESSMENT

    BENCHMARKS

    The proposal triggers a number of the assessment benchmarks under the State Planning Policy July 2017 as per Appendix D. The following triggers have been assessed against.

    Liveable Communities The application has been assessed against the following assessment benchmarks for Liveable Communities in Part E of the State Planning Policy, Planning for Liveable Communities and Housing – Liveable Communities.

    Assessment Benchmark Proposal A development application in an urban area involving premises that is, or will be, accessed by common private title, for: (1) A material changes of use, or reconfiguring a lot; and

    The proposal consists of a 6 lot into 6 lot boundary realignment.

    (2) The application involves buildings – either attached or detached – that are not covered by other legislation or planning provisions mandating fire hydrants.

    This is not applicable.

    All of the following requirements are assessment benchmarks for the development: (1) Development ensures fire hydrants are installed and located to enable fire services to access water safely, effectively and efficiently.

    The proposal will not include the construction of fire hydrants, the proposal occurs in the rural zone and the sites will be equipped with a water supply adequate for firefighting.

    (2) Road widths, and construction within the development, are adequate for fire emergency vehicles to gain access to a safe working area close to buildings and near water supplies whether or not on-street parking spaces are occupied.

    The proposal does not create any new roads.

    (3) Fire hydrants are suitably identified so that fire services can locate them at all hours. Further information in relation to these requirements is detailed in the liveable communities’ guidance material.

    This is not applicable to this proposal.

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    Water Quality The application has been assessed against the following assessment benchmarks for water quality in Part E of the State Planning Policy, Planning for Environmental Heritage – Water Quality. Assessment Benchmark Proposal For receiving waters, a development application for: (1) a material change of use for an urban purpose that involves premises 2500 m2 or greater in size and; (a) will result in six or more dwellings; or (b) will result in an impervious area greater than 25 per cent of the net developable area.

    This is not applicable.

    (2) Reconfiguring a lot for an urban purpose that involves premises 2500 metres2 or greater in size and will result in six or more lots.

    This proposal is for the reconfiguration of a lot for residential purposes, the proposal will result in six lots, however the proposal will not increase the number of lots.

    (3) Operational works for an urban purpose that involves disturbing a land area 2500 metres2 or greater in size.

    This proposal does not include any operational works or the construction of any new works for an urban purpose.

    For water supply buffer areas, a development application: (4) located wholly outside an urban area and relating to premises that is within, or partly within, a water supply buffer area, that involves: (a) a material change of use for the intensive animal industry, medium and high-impact industry, noxious and hazardous industry, extractive industry, utility installation that involves sewerage services, drainage or stormwater services, waste management facilities, or motor sport facility; or (b) Reconfiguring a lot to create five or more additional lots if any resultant lot is less than 16 hectares in size, and any of the lots created will rely on on-site wastewater treatment.

    The proposal does not occur within a water supply buffer area.

    The following requirements are assessment benchmarks for the development: (1) Development is located, designed, constructed and operated to avoid or minimise adverse impacts on environmental values arising from: (a) altered stormwater quality and hydrology (b) waste water (c) the creation or expansion of non-tidal artificial waterways (d) The release and mobilisation of nutrients and sediments.

    The proposal will not alter the stormwater management of the site, the proposed six lots will avoid any adverse impacts on stormwater quality and avoid the release and mobilisation of nutrients and sediments.

    (2) Development achieves the applicable stormwater management design objectives outlined in tables A and B (appendix 2)

    The applicable stormwater management design objectives outlined in tables A and B of Appendix 2 will be met as the proposal will not alter the stormwater management of the site.

    (3) Development in a water supply buffer area avoids adverse impacts on drinking water supply environmental values.

    The proposal does not occur in a water supply buffer area.

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    Natural hazards, Risk and Resilience The application has been assessed against the following assessment benchmarks for Natural Hazards, Risk and Resilience in Part E of the State Planning Policy, planning for Safety and Resilience to Hazards – Natural Hazards, Risk and Resilience. Assessment Benchmark Proposal A development application for a material change of use, reconfiguration of a lot or operational works on premises in any of the following: (1) Bushfire prone areas The proposal occurs in a medium bushfire hazard

    area.

    (2) Flood hazard areas The proposed development does occur in a flood hazard area; the proposal will not increase the severity of flood hazards on people or property.

    (3) Landslide hazard areas The proposal is located in a landslide hazard area.

    (4) Storm tide inundation areas The proposal does not occur in a storm tide inundation area.

    (5) Erosion prone area The site of the proposal is not in an erosion prone area.

    All of the following requirements are assessment benchmarks for the development:

    Erosion prone areas within a coastal management district:

    (1) Development does not occur in an erosion prone area within a coastal management district unless the development cannot feasibly be located elsewhere and is: (a) coastal-dependent development; or (b) Temporary, readily relocatable or able to be abandoned development; or (c) Essential community infrastructure; or (d) Minor redevelopment of an existing permanent building or structure that cannot be relocated or abandoned.

    This proposal does not occur within an erosion prone area or a coastal district. This is not applicable.

    (2) Development permitted in (1) above, mitigates the risks to people and property to an acceptable or tolerable level.

    This is not applicable.

    Bushfire, flood, landslide, storm tide inundation, and erosion prone areas outside the coastal management district: (3) Development other than that assessed against (1) above, avoids natural hazard areas, or where it is not possible to avoid the natural hazard area, development mitigates the risks to people and property to an acceptable or tolerable level.

    The proposal does not worsen the effects of natural disasters. The proposal does not include any dwellings or structures. The proposal will not increase the risk of natural disasters on people or property.

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    Assessment Benchmark Proposal All-natural hazard areas: (4) Development supports and does not hinder disaster management response or recovery capacity and capabilities.

    The proposal does not have an adverse impact on the response to disaster management or recovery capacity.

    (5) Development directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties.

    The proposal will not increase the severity of natural disasters; the reconfiguration of a lot will not increase the potential for damage on the site.

    (6) Risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard are avoided.

    No risks to public safety will arise as a result of this proposal; there will be no release of hazardous materials as a result of a natural disaster.

    (7) The natural processes and the protective function of landforms and the vegetation that can mitigate risks associated with the natural hazard are maintained or enhanced.

    Natural processes and protective functions of landforms and any vegetation that can mitigate risks will be maintained as a result of this proposal.

    STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)

    The proposed reconfiguration of a lot development does not trigger any of the 24 state codes listed in the State Development Assessment Provisions (SDAP) (Version 2.5 June 2019). The proposal will not require referral to any concurrence agencies and has not been assessed against the codes as they are not applicable to this application. SERVICE CONNECTIONS

    o Energex

    Power Supply

    o NBN

    Fixed Wireless Area

    The existing Lot 1 has an existing connection to the reticulated Power supply that will be retained. New connections will be made to service the proposed lots 1 to 5 for all of these services if/ when required. SOMERSET REGIONAL COUNCIL PLANNING SCHEME REQUIREMENTS

    The Somerset Regional Council’s Planning Scheme indicate the land use areas of this development as being ‘Rural’. The descriptions (in plan form) of these areas are displayed in the attached planning scheme maps (Appendix I to Appendix R);

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    AREAS MAPS / OVERLAYS MAPS / STRATEGY MAPS

    • Somerset Regional Planning Scheme o Zone Maps: ZM001b – Regional Zone Map (South) o Overlay Maps:

    OM001b – Agricultural Land Overlay (South) OM003b – Biodiversity Overlay (South) OM003d – Koala Conservation Overlay (South) OM004b – Bushfire Hazard Overlay (South) OM005b – Catchment Management Overlay (South) OM007b – Flood Hazard Overlay (South) OM008b – HIA Management Area Overlay (South) OM009f – Infrastructure Overlay OM010b – Landslide Hazard Overlay (South) OM012b – Scenic Amenity Overlay

    o Strategic Framework Maps: Water Supply Buffer Area – Strategic Framework Map ‘2c’ High Scenic Amenity Area – Strategic Framework Map ‘3Bc’ Important Agricultural Area – Strategic Framework Map ‘4’

    SPECIFIC RELATIONSHIP BETWEEN MAP OVERLAYS AND THE DEVELOPMENT

    The existing land use supports the mapped land use areas found in council’s maps listed above (Somerset Regional Planning Scheme) and this development application does not in any way seek to alter existing land uses. SECTIONS OF THE CODE:

    • Part 3 – Strategic Framework o 3.2 – Strategic Intent o 3.3 – Settlement Pattern o 3.4 – Natural Environment o 3.5 – Natural Resources o 3.6 – Community Identity and Regional Landscape Character o 3.7 – Economic Development o 3.8 – Infrastructure and Services o 3.9 – Transport

    • Part 5 – Tables of Assessment o 5.6 – Categories of development and assessment – Reconfiguring a lot

    • Part 7 – Overlays o Agricultural Land Overlay Code o Biodiversity Overlay Code o Bushfire Hazard Overlay Code o Catchment Management Overlay Code o Flood Hazard Overlay Code o High Impact Activities Management Area Overlay Code o Infrastructure Overlay Code o Landslide Overlay Code o Scenic Amenity Overlay Code

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    • Part 8 – Development Codes o 8.3 – Other Development Codes

    8.3.4 – Reconfiguring a Lot Code 8..3.6 – Transport, Access and Parking Code

    ADDRESSING THE PLANNING SCHEME

    The following detail addresses councils planning scheme (and extracts have been taken from that document and used below) in the order as outlined and all omitted sections of the scheme that do not affect this development application have been excluded from this report.

    PART 3 – STRATEGIC FRAMEWORK

    3.2 – Strategic Intent The proposed boundary realignment will be in keeping with the Strategic Intent of the Somerset Regional Council. The proposal will allow for future growth in the region and will be in line with the Council’s vision for 2031. The proposed reconfiguring of a lot will keep with the values and integrity of the Somerset Region.

    3.3 – Settlement Pattern The proposal will allow for the Somerset region to continue to be recognised and appreciated as an alternative natural/ rural based destination. The proposed boundary realignment will protect environmental, landscape and scenic amenity values in the region and will minimise the risks to life and property from natural hazards in the Somerset Region. This proposal will allow for the settlement pattern to continue to respond to adverse impacts of natural hazards, it will not have an adverse impact on the community resilience to the impacts of these events.

    3.4 – Natural Environment The proposed boundary realignment will allow for the natural environment of the Somerset Region to increase its significant contribution to the natural environment values of the greater South – east Queensland region. The proposal will allow for the diverse ecological communities to be retained and the waterways and wetlands will be protected. The proposal will not have an adverse impact on the biodiversity, biosecurity or the air and noise environment of the Somerset Region.

    3.5 – Natural Resources The proposed reconfiguring of a lot will allow for the Somerset Region to retain its diverse natural resource base and will not have an adverse impact on the receiving waters of the lakes, dams and waterways throughout the region. The proposal will allow for the continued use of all agricultural land and will promote the sustainable development of natural resources.

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    3.6 – Community Identity and Regional Landscape Character The proposed reconfiguring of a lot will keep with the community identity and the regional landscape character of the region. The Somerset region will retain its distinctive and attractive natural landscape qualities and the provision of diverse social and community infrastructure will not be adversely impacted. The proposal will promote the scenic amenity of the Somerset Region and will not have an adverse impact on areas of high scenic amenity.

    3.7 – Economic Development The proposal will promote the Somerset Region as an area that supports a diversified and prosperous economy that is consistent with its image as a natural/ rural based destination. The proposed reconfiguration of a lot will allow for the expansion of industrial activities in the towns of the region and will not have an adverse impact on rural production.

    3.8 – Infrastructure and Services The proposal will allow for the provision of diverse social and community infrastructure facilities across the rural landscape of the region, it will not have an adverse impact on major infrastructure corridors. Each of the proposed lots will be connected and serviced by adequate infrastructure that is consistent with the rural areas.

    3.9 – Transport The proposal will allow for the communities of the Somerset Region to continue to be connected by a safe and efficient road network. The proposal does not include any changes to the existing road network. All proposed lots will be serviced by the existing roads.

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    PART 5 – TABLES OF ASSESSMENT

    5.6 – Categories of Development and Assessment – Reconfiguring a lot The following table identifies the categories of development and assessment for reconfiguring a lot. TABLE 5.6.1 – RECONFIGURING A LOT

    Zone Categories of development and assessment

    Assessment Benchmarks

    All zones Code Assessment If: (e) for an easement giving access to a lot from a constructed road; or (f) for a boundary realignment.

    • Reconfiguring a lot code • Services, works and

    infrastructure code • Transport, access and parking

    code Centre zone Community facilities zone General residential zone High impact industry zone Industry zone Township zone

    Code Assessment • Reconfiguring a lot code

    • Services, works and infrastructure code • Transport, access and parking

    code Emerging community zone Recreation and open space zone Rural residential zone Rural zone

    Code Assessment If: (a) complying with the minimum lot size and dimensions provided for the zone in Table 8.3.4.3.B—Minimum lot sizes and dimensions.

    • Reconfiguring a lot code • Services, works and

    infrastructure code • Transport, access and parking

    code

    Impact Assessment If: (a) not complying with the minimum lot size provided for the zone in Table 8.3.4.3.B— Minimum lot sizes and dimensions of the Reconfiguring a lot code.

    • The planning scheme

    Code Assessment Any other reconfiguring a lot not listed in this table

    PART 7 — OVERLAYS

    7.2.1 – Agricultural Land Overlay Code 7.2.1.1 Application

    This code applies to assessable development: (1) subject to the Agricultural land overlay shown on the overlay maps contained within Schedule 2; and (2) identified as requiring assessment against the Agricultural land overlay code by the tables of assessment in Part 5.

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    7.2.1.2 Purpose and Overall Outcomes

    (1) The purpose of the code is to protect agricultural land from any incompatible development that may adversely impact on its productive use by present and future generations. (2) The purpose of the code will be achieved through the following overall outcomes:

    (a) the alienation, loss or fragmentation of agricultural land will be avoided as a result of this proposal; and (b) the use of agricultural land for increased and efficient agricultural production and agricultural development is promoted.

    7.2.1.3 Assessment Benchmarks

    Table 7.2.1.3.A – Assessment Benchmarks for Assessable Development

    Performance Criteria Acceptable Solution Proposal For Assessable Development PO1 Loss, fragmentation, alienation or diminished capacity of agricultural land is avoided unless: (a) an overriding need exists for the development in terms of public benefit; (b) no suitable alternative site exists; (c) loss or fragmentation is minimised to the extent possible.

    Where for a material change of use in the Rural zone AO1.1 Development (inclusive of the development footprint) is not located on land identified as Agricultural Land Class A or Class B or Important Agricultural Areas on the Agricultural land overlay maps OM01a-b unless identified in Table 7.2.1.3.B. AO1.2 The development footprint for development other than rural activities identified in Table 7.2.1.3.B is equal to or less than 750m2 on land identified as Agricultural Land Class A or Class B or Important Agricultural Areas on the Agricultural land overlay maps OM01a-b. Where for Reconfiguring a Lot in the Rural zone AO1.3 Reconfiguring a lot does not result in the creation of a lot with an area less than 500 hectares on land identified as Agricultural Land Class A or Class B or Important Agricultural Areas on the Agricultural land overlay maps OM01a-b.

    This proposal is for the reconfiguring of a lot, the proposal will be a boundary realignment and will not create any new lots. The proposal will better utilise the land by allowing for the existing farm land and dairy to be consolidated on one land whilst creating lots that will be similar to the lots size and uses in the surrounding areas.

    PO2 Sensitive land uses in proximity to Agricultural land Class A or Class B or Important Agricultural Areas are located and designed in a manner that: (a) avoids land use conflict; (b) avoids the alienation of the resource; (c)

    Where for Reconfiguring a Lot in the Rural zone or a Residential Zone Category on land that adjoins the Rural zone AO2 Lots created for sensitive land uses within land identified as agricultural land Class A or Class B identified on Agricultural land overlay maps OM01a-b provide a public open space buffer area with a

    The proposal is not for a sensitive land use and will avoid land use conflicts.

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    Performance Criteria Acceptable Solution Proposal manages impacts from agricultural activities, including chemical spray drift, odour, noise, dust, smoke and ash; and (d) does not adversely affect public health, safety and amenity; unless it is demonstrated that the area does not support Agricultural land Class A or Class B or Important Agricultural Areas as mapped

    minimum width of: (a) 300 metres where open ground conditions apply; or (b) 50 metres minimum width where vegetated in accordance with a detailed landscape plan and maintained in accordance with a public open space management plan.

    7.2.3 – Biodiversity Areas Overlay Code 7.2.3.1 Application

    This code applies to accepted development subject to requirements and assessable development: (1) subject to the biodiversity overlay shown on the overlay maps contained within Schedule 2 or on premises otherwise determined to contain matters of environmental significance; and (2) identified as requiring assessment against the biodiversity overlay code by the tables of assessment in Part 5. 7.2.1.2 Purpose and Overall Outcomes

    (1) The purpose of the biodiversity overlay code is to ensure that:

    (a) environmentally significant areas are identified and protected; (b) ecological connectivity is maintained or improved, habitat extent is maintained or enhanced and degraded areas are rehabilitated; and (c) watercourses and wetlands are maintained, rehabilitated and enhanced; (d) koalas and other significant species are appropriately protected.

    (2) The purpose of the code will be achieved through the following overall outcomes: (a) The proposed development will conserve and enhance the Somerset Region’s biodiversity values and associated ecosystems; (b) The proposed development will protect and establish appropriate buffers to native vegetation and significant fauna habitat; (c) The proposed development will protect known populations and supporting habitat of rare and threatened flora and fauna species; (d) the biodiversity values, ecosystem services and climate change resilience of matters of environmental significance are protected and enhanced as a result of this proposal; (e) the biodiversity values of matters of environmental significance and bushland koala habitat – primary habitat areas are protected; (f) The proposed development is located, designed and managed to minimise the edge effects of development on matters of environmental significance;

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    (g) The proposed development maintains, protects and enhances the state and regional network of biodiversity corridors that assist in wildlife movement and contribute to the maintenance of habitat and biological diversity; (h) The proposed development minimises adverse impacts on koalas and koala habitat; (i) The proposed development is appropriately setback from watercourses and wetlands to avoids or minimise direct and indirect impacts on water quality and biodiversity; and (j) vegetation associated with wetlands and watercourses is protected and enhanced to improve water quality and natural ecosystem function.

    7.2.3.3 Assessment Benchmarks

    Part A Requirements for accepted development and assessment benchmarks for assessable development Table 7.2.3.3.A – Requirements for accepted development and Assessment Benchmarks for Assessable Development

    Performance Criteria Acceptable Solution Proposal For Accepted Development subject to requirements and Assessable Development Matters of Local Environmental Significance Where within a Rural zone or Rural residential zone PO1 The biodiversity values of areas mapped as Matters of Local Environmental Significance (MLES) on the Biodiversity overlay maps OM003a-b are maintained or enhanced or are managed to ensure any significant residual impacts to MLES are offset in accordance with the Environmental Offsets Act 2014.

    Where within the Rural zone or Rural residential zone AO1.1 Buildings and structures are not located within areas mapped as having Matters of Local Environmental Significance (MLES on the Biodiversity overlay maps OM003a-b. AND AO1.2 No clearing of native vegetation unless defined as minor operational work is undertaken within areas mapped as having MLES on the Biodiversity overlay maps OM003a-b. OR AO1.3 Development is located, designed and operated to mitigate significant impacts on the environmental values of the areas mapped as MLES on the Biodiversity overlay maps OM003a-b, as identified through provision of a report prepared by an appropriately qualified person that demonstrates how the proposed development mitigates the impacts. AND AO1.4 An environmental offset is provided in accordance with the requirements of the Environmental Offsets Act 2014 for impacts to matters of local environmental significance.

    This proposal does not include any new buildings or structures and will make no changes to the existing buildings or structures. There will be no clearing of native vegetation as a result of this proposal.

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    Performance Criteria Acceptable Solution Proposal Matters of State Environmental Significance PO2 Vegetation clearing in areas mapped as containing Matters of State Environmental Significance (MSES) is avoided unless: (a) it is demonstrated that the area does not support MSES as mapped; or (b) the loss or reduction in MSES is for community infrastructure, or any purpose associated with an Airport, or extractive resources in a key resource area

    AO2.1 Buildings and structures are not located within areas mapped as containing Matters of State Environmental Significance (MSES) on the Biodiversity overlay maps OM003a-b. AND AO2.2 No clearing of native vegetation unless defined as minor operational work is undertaken within areas mapped as containing MSES on the Biodiversity overlay maps OM003a-b. OR AO2.3 Development is located, designed and operated to mitigate significant impacts on the environmental values of the areas mapped as containing MSES on the Biodiversity overlay maps OM003a-b, as identified through provision of a report prepared by an appropriately qualified person that demonstrates how the proposed development mitigates the impacts.

    The proposal will make no changes to any of the existing buildings or structures and does not include any new buildings or structures. There will be no clearing of vegetation and the proposal has been designed to mitigate impacts on environmental values.

    Where in an Urban Area PO3 Management arrangements facilitate the ongoing conservation and protection of nature conservation and biodiversity areas within Urban Areas.

    Where in an Urban Area AO3.1 Areas that are mapped as containing MSES on Biodiversity overlay maps OM002a-b are dedicated as public open space for purposes consistent with the ecological values and functions of the area.

    The proposal does not occur in an urban area; this is not applicable.

    PO4 Development on land adjacent to areas identified as containing MSES protects the biodiversity values of MSES and: (a) does not interrupt, interfere, alter or otherwise impact on underlying natural ecosystem processes such as water quality, hydrology, geomorphology and biophysical processes; (b) avoids noise, light, vibration or other edge affects, including weed and pest incursion on identified

    Where for Material Change of Use AO4.1 A minimum setback of 50 metres is provided between buildings and structures and areas identified as containing MSES on the Biodiversity overlay maps OM003a-b. Where for Reconfiguring a Lot AO4.2 A minimum setback of 50 metres is provided between a new boundary created by reconfiguring a lot and areas identified as containing MSES on the Biodiversity overlay maps OM003a-b. Where for Operational Works (comprising works for infrastructure or excavating or filling or landscape works) AO4.3 A minimum setback of 50 metres

    The proposed boundaries that are located nearby Protected Areas of MSES will follow existing boundary lines and will not have an adverse impact on areas of MSES.

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    Performance Criteria Acceptable Solution Proposal biodiversity values. is provided between operational works

    and areas identified as containing MSES on the Biodiversity overlay maps OM003a-b.

    Biodiversity Corridors – unimpeded movement of wildlife PO6 Unimpeded movement of fauna within and through the site via Biodiversity Corridors identified on Biodiversity overlay maps OM003a-b are maintained.

    AO6.1 Where within a Biodiversity Corridor identified on Biodiversity overlay maps OM003a-b, fauna movement is maintained by: (a) retaining bands of vegetation at least 200 metres wide on a site; and (b) buildings, structures are not located within retained vegetation bands.

    The proposed reconfiguring of a lot will not impede on the movement of wildlife.

    Wetlands PO7 Wetlands are protected by: (a) maintaining adequate separation distances between wetlands and development; (b) maintaining and enhancing aquatic and terrestrial habitat including vegetated corridors to allow for native fauna (terrestrial and aquatic) movement; (c) maintaining water quality by providing buffers to allow filtering of sediments, nutrients and other pollutants; and (d) retaining and improving existing wetland associated vegetation.

    AO7.1 No clearing of native vegetation is undertaken within wetland buffer areas identified on the Biodiversity overlay maps OM003e-f. Where for Material Change of Use AO7.2 A minimum setback is provided between buildings and structures and the edge of a wetland as identified on the Biodiversity overlay maps OM003e-f by a distance not less than 100 metres. Where for Reconfiguring a Lot AO7.3 A minimum setback is provided between a new boundary created by reconfiguring a lot and the edge of a wetland as identified on the Biodiversity overlay maps OM003e-f by a distance not less than 100 metres. Where for Operational Works (comprising works for infrastructure or excavating or filling or landscape works) AO7.4 A minimum setback is provided between operational works and the edge of a wetland as identified on the Biodiversity overlay maps OM003e-f by a distance not less than 100 metres.

    The proposal does not include the clearing of any vegetation. The proposal will meet the minimum setback provided for the reconfiguring a lot of 100 metres.

    PO8 Stormwater and wastewater discharges are treated prior to entering a wetland or associated buffer area to ensure the biological integrity of terrestrial and aquatic ecosystems.

    AO8.1 No Stormwater is discharged to a wetland or wetland buffer area identified on the Biodiversity overlay maps OM003e-f. AO8.2 No wastewater (treated or untreated) is discharged to a wetland or wetland buffer area identified on the

    The proposal will not allow for Stormwater to be discharged to a wetland or a wetland buffer area.

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    Performance Criteria Acceptable Solution Proposal Biodiversity overlay maps OM003e-f.

    PO9 Wetland buffer areas identified in accordance with AO6.1 to AO6.4 which are cleared, degraded or disturbed as a consequence of the development are rehabilitated to contribute to the establishment of a functional and connected habitat area having regard to: (a) the use of native plant species of local provenance that support habitat needs; and (b) replication of the species and structure of adjacent remnant habitats.

    AO9.1 No acceptable outcome provided. The proposal will not clear, degrade or disturb any wetland buffer areas in accordance with AO6.1 to AO6.4.

    Watercourses PO10 Watercourses are protected by: (a) maintaining adequate separation distances between watercourses and development; (b) maintaining and enhancing aquatic and terrestrial habitat including vegetated corridors to allow for native fauna (terrestrial and aquatic) movement; (c) maintaining bank stability by minimising bank erosion and slumping; (d) maintaining water quality by providing buffers to allow filtering of sediments, nutrients and other pollutants; and (e) retaining and improving existing riparian vegetation

    AO10.1 No clearing of native vegetation is undertaken within watercourses or watercourse buffer areas identified on the Catchment management overlay maps OM005a-b. Where for Material Change of Use AO10.2 A minimum setback is provided between buildings and structures and the top of the high bank of a watercourse as identified on the Catchment management overlay maps OM005a-b by a distance not less than identified in Table 7.2.3.3.B. Where for Reconfiguring a Lot AO10.3 A minimum setback is provided between a new boundary created by reconfiguring a lot and the top of the high bank of a watercourse as identified on the Catchment management overlay maps OM005a-b by a distance not less than identified in Table 7.2.3.3.B. Where for Operational Works (comprising works for infrastructure or excavating or filling or landscape works) AO10.4 A minimum setback is provided between operational works and the top of the high bank of a watercourse as identified on the Catchment management overlay maps OM005a-b

    This proposal does not include the clearing of any native vegetation. The proposal will met the minimum setback requirements identified in Table 7.2.3.3.B.

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    Performance Criteria Acceptable Solution Proposal by a distance not less than identified in Table 7.2.3.3.B.

    PO11 Stormwater and wastewater discharges are treated prior to entering a watercourse or associated buffer area to ensure the biological integrity of aquatic ecosystems.

    AO11.1 No Stormwater is discharged to a watercourse or watercourse buffer area identified on the Catchment management overlay maps OM005a-b. AO11.2 No wastewater (treated or untreated) is discharged to a watercourse or watercourse buffer area identified on the Catchment management overlay maps OM005a-b.

    No Stormwater will be discharged to a watercourse or a watercourse buffer area as a result of this proposal.

    PO12 Areas of watercourse buffer identified in accordance with AO9.1 to AO9.4 which are cleared, degraded or disturbed as a consequence of the development are rehabilitated to contribute to the establishment of a functional and connected habitat network having regard to: (a) the use of native plant species of local provenance that support habitat needs; and (b) replication of the species and structure of adjacent remnant habitats.

    AO12.1 No acceptable outcome provided.

    No areas of watercourse buffer will be adversely impacted as a result of this reconfiguration of a lot.

    PO13 Management arrangements facilitate the ongoing conservation and protection of nature conservation and biodiversity areas within Urban Areas.

    AO13.1 Watercourses identified on Catchment management overlay maps OM005a-b and associated buffer areas identified in accordance with AO9.2 to AO9.4 are: (a) dedicated as public open space for purposes consistent with the ecological values and functions of the area where for Reconfiguring a Lot; or (b) included within a voluntary statutory covenant for purposes consistent with the ecological values and functions of the area where for Material Change of Use.

    Biodiversity areas and watercourses identified on Catchment management overlay maps OM005a-b will not be adversely impacted as a result of this proposal.

    Koalas PO14 Development is sufficiently setback and minimises impacts on koalas,

    Where in a Primary Habitat Area AO14.1 No clearing of native vegetation is undertaken within areas mapped as

    The proposal will not have an adverse impact on the mapped koala

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    Performance Criteria Acceptable Solution Proposal koala habitat values, and koala habitat connectivity and employs measures to manage impacts on koala biodiversity values

    bushland koala habitat – primary habitat areas on Biodiversity overlay maps OM-003c-d, except in the urban area and only where it is demonstrated that there is no alternative to its removal and where koala habitat trees are incorporated into the proposed site layout. Where in a Secondary Habitat Area AO14.2 No acceptable outcome provided. Where for Material Change of Use AO14.3 A minimum setback of 50 metres is provided between buildings and structures and areas mapped as bushland koala habitat on Biodiversity overlay maps OM-003c-d. Where for Reconfiguring a Lot AO14.4 A minimum setback of 50 metres is provided between a new boundary created by reconfiguring a lot and areas mapped as bushland koala habitat on Biodiversity overlay maps OM-003c-d. Where for Operational Works (comprising works for infrastructure or excavating or filling or landscape works) AO14.5 A minimum setback of 50 metres is provided between operational works and areas mapped as bushland koala habitat on Biodiversity overlay maps OM-003c-d. Where within the Rural zone or Rural residential zone AO14.6 Where within the Rural zone or Rural residential zone the minimum setbacks identified in AO14.3 to AO14.5 are taken to be 100 metres.

    habitats. The proposed boundary realignment will not have an adverse impact on the koala habitats in the area.

    PO15 During construction phases: (a) measures are taken in construction practices to not increase the risk of death or injury to koalas; and (b) native vegetation that is cleared and in an area intended to be retained for safe koala movement opportunities is

    AO15.1 No acceptable outcome provided.

    This proposal does not include the provision of any new roads.

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    Performance Criteria Acceptable Solution Proposal progressively restored and rehabilitated. PO16 Fencing design provides safe koala movement opportunities appropriate to the type of the development and habitat connectivity values of the site.

    AO16.1 Where within bushland koala habitat on Biodiversity overlay maps OM-003c-d and within the Rural Zone or Rural residential zone, fencing: (a) consists of post and rail with a minimum gap of 300 millimetres between rails, or (b) other fencing material that has holes or gaps of a minimum of 300 millimetres in diameter, and the first gap is flush with the ground or no more than 400 millimetres from the ground.

    The proposal makes no alterations to any existing fencing, the area identified as a bushland koala habitat will not be adversely impacted by fencing and safe koala movement opportunities will not altered.

    PO17 Significant habitat areas are not dissected or further fragmented by roads and road siting and design facilitates safe koala movement by taking into account: (a) the number of vehicles likely to use the proposed road; (b) anticipated vehicle speeds; and (c) the likely volumes of traffic between 6pm and 6am.

    AO17.1 New roads near identified bushland koala habitat: (a) are designed to limit traffic speeds by incorporating the following ‘go slow’ features: (i) narrowing roads; and/or (ii) curving roads; and/or (iii) incorporating structures to slow vehicles, such as speed bumps. (b) include minor deviations in roads and driveways to retain important koala habitat trees; (c) include lighting at identified or potential koala crossing points to reduce koala and vehicle collisions; (d) provide vegetation and landscaping to increase the visibility of koalas entering the road within verges and median strips; (e) incorporates trees within traffic islands and streetscapes; (f) retains or provides interlocking tree canopies over roads; and (g) includes koala crossing warning signs. Where for Reconfiguring a Lot AO17.2 No new roads are created within bushland koala habitat on Biodiversity overlay maps OM-003c-d.

    This proposal is for the reconfiguring of a lot, it does not include any new roads, the existing Mullers Road and Kavanagh Road will service all of the proposed lots. There will be no changes made to the existing road network as a result of this proposal. This satisfies AO17.2.

    PO18 Landscaping enhances koala habitat values through the development site and assists in providing for unimpeded koala movement within and across the site.

    AO18.1 Landscaping comprises local koala habitat trees.

    This proposal does not include any landscaping or alterations to the existing landscaping.

    PO5 is not applicable to this proposal.

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    7.2.4 – Bushfire Hazard Overlay Code 7.2.4.1 Application

    This code applies to accepted development subject to requirements and assessable development: (1) subject to the Bushfire Hazard Area shown on the overlay maps contained within Schedule 2; and (2) identified as requiring assessment against the bushfire hazard overlay code by the tables of assessment in Part 5. 7.2.4.2 Purpose and Overall Outcomes

    (1) The purpose of the bushfire hazard overlay code is to ensure that development avoids or mitigates the potential adverse impacts of bushfire on people, property, economic activity and the environment. (2) The purpose of the code will be achieved through the following overall outcomes:

    (a) Areas at risk from bushfire hazard will compatible with the nature of the hazard; (b) the risk to people, property and the natural environment from bushfire hazard is minimised; (c) The proposal will not result in a material increase in the extent or severity of bushfire hazard; (d) no loss of vegetation will occur as a result of this proposal; (e) The proposal is sited and designed to assist emergency services in responding to bushfire threats or events; and (f) community infrastructure is located and designed to maintain the necessary level of functionality to support affected persons during and immediately after a bushfire event.

    7.2.4.3 Assessment Benchmarks

    Part A Requirements for accepted development and assessment benchmarks for assessable development Table 7.2.4.3.A – Requirements for accepted development and assessment benchmarks for assessable development

    Performance Criteria Acceptable Solution Proposal For Accepted Development subject to requirements and Assessable Development PO1 Development does not increase the number of persons living or working on land subject to Very High (potential intensity) Bushfire Hazard or High (potential intensity) Bushfire Hazard identified on Bushfire Hazard Overlay Map OM-004a-b.

    AO1.1 Development does not increase the number of lots in areas of Very High (potential intensity) Bushfire Hazard or High (potential intensity) Bushfire Hazard as identified on Bushfire Hazard Overlay Map OM-004a-b. AO1.2 Uses within the following Activity groups are located outside of a Very High (potential intensity) Bushfire Hazard or High (potential intensity) Bushfire Hazard identified on Bushfire Hazard Overlay Map OM-004a-b: (a) Accommodation activities group; (b) Business activities group; (c) Community activities group; and (d) Entertainment activities group; with

    The proposal will not increase the number of lots in areas of Very High or High bushfire hazard.

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    Performance Criteria Acceptable Solution Proposal community infrastructure being designed to minimise susceptibility to bushfire events.

    PO2 In Medium (potential intensity) Bushfire Hazard Areas as identified on Bushfire Hazard Overlay Map OM-004a-b, buildings and structures are sited: (a) in cleared areas where the environmental impacts of vegetation clearing are minimised; (b) on the area of the site which is least prone to bushfire hazard having regard to aspect, slope and vegetation; (c) to provide adequate setbacks between buildings, structures, and areas of identified bushfire hazard.

    AO2 Buildings and structures in areas of Medium Bushfire (potential intensity) Hazard as identified on Bushfire Hazard Overlay Map OM-004a-b: (a) are located 100 metres from ridgelines; (b) are not located on north to west facing slopes; (c) have a firebreak with a minimum dimension of 20 metres.

    The proposal will not make any changes to the existing buildings or structures in the medium bushfire hazard area, nor will it create any new buildings or structures in the medium bushfire hazard area.

    PO3 In Medium (potential intensity) Bushfire Hazard Areas as identified on Bushfire Hazard Overlay Map OM-004a-b, development maintains the safety of people and property by providing an adequate and accessible water supply for fire-fighting purposes.

    AO3 For uses involving new or existing buildings in areas of Medium (potential intensity) Bushfire Hazard as identified on Bushfire Hazard Overlay Map OM-004a-b each lot has: (a) a reliable reticulated water supply that has sufficient flow and pressure characteristics for firefighting purposes at all times (minimum pressure and flow in 10 litres a second at 200kPa); or (b) an accessible on-site dam or tank with firefighting fittings, or a swimming pool of not less than 40,000 litres.

    Each lot will be connected to an adequate supply of water for firefighting purposes when/ if required.

    PO4 In Medium (potential intensity) Bushfire Hazard Areas as identified on Bushfire Hazard Overlay Map OM-004a-b, vehicular access is designed to mitigate against bushfire hazard by: (a) ensuring adequate access for firefighting and other emergency vehicles; (b) ensuring adequate access for the evacuation of residents

    AO4.1 Development for Reconfiguring a Lot in a Medium (potential intensity) Bushfire Hazard Area as identified on Bushfire Hazard Overlay Map OM-004a-b incorporates a perimeter road firebreak that: (a) is located between the boundary of the lots and stands of native vegetation; (b) has a minimum cleared width of 20 metres; (c) has a constructed road width of six metres; and (d) is constructed to an all-weather standard. AO4.2 The road design is capable of providing access for firefighting and other emergency vehicles. AO4.3 In areas of Medium (potential

    The existing Kavanagh Road and Mullers Road are adequate for firefighting vehicles and there are no changes to be made to the existing road network as a result of this proposal, there will be no increase in bushfire hazard risk to people or property.

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    Performance Criteria Acceptable Solution Proposal and emergency personnel in an emergency situation, including alternative safe access routes should access in one direction be blocked in the event of a fire; (c) providing for the separation of developed areas and adjacent bushland.

    intensity) Bushfire Hazard as identified on Bushfire Hazard Overlay Map OM-004a-b, roads are provided in accordance with the following: (a) Roads are designed and constructed with a maximum gradient of 12.5percent; (b) Cul-de-sacs are not used except where: (i) a perimeter road designed in accordance with AO3.1 isolates the development from hazardous vegetation; and (ii) the cul-de-sac are provided with alternative access linking the cul-de-sac to other through roads; and (iii) the maximum length of the cul-de-sac is 200 metres.

    7.2.5 – Catchment Management Overlay Code 7.2.5.1 Application

    This code applies to accepted development subject to requirements and assessable development: (1) subject to the catchment management overlay code shown on the overlay maps contained within Schedule 2; and (2) identified as requiring assessment against the catchment management overlay code by the tables of assessment in Part 5. 7.2.5.2 Purpose and Overall Outcomes

    (1) The purpose of the catchment management overlay code is to ensure that development does not adversely impact on water quality of watercourses or the following waterbodies:

    (a) Lake Wivenhoe; (b) Lake Somerset; (c) Lake Atkinson; and (d) Splityard Creek Dam. (2) The purpose of the code will be achieved through the following overall outcomes:

    (a) the quality of surface water and groundwater in water resource catchments is protected from potential contamination by inappropriate land uses as a result of this proposal; (b) no further deterioration of water quality in waterbodies throughout the Somerset region will occur as a result of this proposal; (c) The proposal development contributes to reducing pollution loads and improving water quality; (d) The proposed development will not adversely impact water quality, either directly or indirectly, local and regional water supply storages and catchment areas including adjoining regional Council catchments; (e) The proposed development promotes sustainable land use practices within water resource catchments; and (f) The proposed development protects and, where possible, enhances natural systems, vegetation and land stability within water resource catchments.

    7.2.5.3 Assessment Benchmarks

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    Part A Requirements for accepted development and assessment benchmarks for assessable development Table 7.2.5.3.A – Requirements for accepted development and assessment benchmarks for assessable development

    Performance Criteria Acceptable Solution Proposal For Accepted Development subject to requirements and Assessable Development PO1 Land use and development is: (a) appropriately separated from watercourses and waterbodies to avoid adversely impacting on water quality; and (b) connected to reticulated sewerage or is connected to an on-site waste water treatment or effluent disposal system that complies with Element 1 of the Seqwater Development Guidelines – Development Guidelines for Water Quality Management in Drinking Water Catchments.

    AO1.1 Development is setback a minimum of: (a) 25 metres from the high bank of a watercourse identified on Catchment management overlay maps OM005a-b; and (b) 100 metres from the full supply level or the upper flood margin level of a waterbody (whichever is greater) identified on Catchment management overlay maps OM005a-b. AND AO1.2 Buildings are connected to reticulated sewerage OR Where within a Higher Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO1.3 The development, including effluent disposal areas is setback a minimum of: (a) 100 metres from the high bank of a watercourse identified on Catchment management overlay maps OM005a-b; and (b) 400 metres from the full supply level or the upper flood margin level of a waterbody, whichever is greater, identified on Catchment management overlay maps OM005a-b. OR Where within a Lower Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO1.4 The development, including effluent disposal areas is setback a minimum of: (a) 75 metres from the high bank of a watercourse identified on Catchment management overlay maps OM004a-b; and (b) 150 metres from the full supply level or the upper flood margin level of a waterbody, whichever is greater, identified on Catchment management overlay maps OM004a-b.

    There will be no change of use as a result of this proposal, the proposal does not include any development 25 metres from the high bank of a watercourse or 100 metres from the full supply level.

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    Performance Criteria Acceptable Solution Proposal For Assessable Development PO2 Higher risk land uses are appropriately sited, designed and managed to avoid adversely impacting on water quality.

    Where within a Higher Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO2.1 No acceptable outcome provided.

    The proposal does not occur within a Higher Risk Catchment Area. This is not applicable.

    Protection of natural systems PO3 Development maintains and rehabilitates the extent of riparian vegetation along the banks of a waterbody or watercourse so as to: (a) maintain the natural drainage function; (b) minimise erosion of banks and verges; and (c) reduce sediment and nutrient loads.

    Where within a Higher Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO3.1 Vegetation clearing is not undertaken within: (a) 100 metres from the high bank of a watercourse identified on Catchment management overlay maps OM004a-b; and (b) 200 metres from the full supply level or the upper flood margin level of a waterbody, whichever is greater, identified on Catchment management overlay maps OM004a-b. Where within a Lower Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO3.2 Vegetation clearing is not undertaken within: (a) 75 metres from the high bank of a watercourse identified on Catchment management overlay maps OM005a-b; and (b) 150 metres from the full supply level or the upper flood margin level of a waterbody, whichever is greater, identified on Catchment management overlay maps OM005a-b.

    The proposal does not occur within a Higher Risk Catchment Area. No clearing of vegetation will occur as a result of this proposal.

    Catchment Management Analysis PO4 Development in the Higher Risk Catchment Area is undertaken in a sustainable manner that: (a) contributes to maintaining and improving the water quality of the major drinking water storages; and (b) will not have an adverse impact on the environment.

    Where within the Higher Risk Catchment Area identified on Catchment management overlay maps OM005a-b AO4.1 For any development within the Higher Risk Catchment Area the water quality impacts of the proposal are addressed in a catchment management analysis report undertaken in accordance with Planning Scheme Policy 3 – Catchment Management Analysis Guidelines

    The proposal does not occur within a Higher Risk Catchment Area. This is not applicable.

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    7.2.7 – Flood Hazard Overlay Code 7.2.7.1 Application

    This code applies to accepted development subject to requirements and assessable development: (1) subject to the flood hazard overlay shown on the overlay maps contained within Schedule 2; and (2) identified as requiring assessment against the flood hazard overlay code by the tables of assessment in Part 5. 7.2.7.2 Purpose and Overall Outcomes

    (1) The purpose of the code is to manage development outcomes in flood hazard areas so that risk to life, property, community and the environment during flood events is minimised to an acceptable or tolerable level, including other property. (2) The purpose of the code will be achieved through the following overall outcomes: (e) Development in the Potential flood hazard area:

    (i) The proposal will maintain the safety of people on the development site from flood events and minimises the potential damage from flooding to property; (ii) The proposal does not result in adverse impacts on people’s safety, the environment or the capacity to use land within the floodplain; (iii) All habitable rooms will be located above the defined flood level and freeboard; and (iv) The minimum floor level for all building work will be located above the defined flood level and freeboard.

    (f) Development in all flood hazard areas: (i) The proposal supports, and does not unduly burden, disaster management response or recovery capacity and capabilities; (ii) The proposal avoids the release of hazardous materials into floodwate