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Negotiated Report (Representations made) - OPW26 0033 (As Published)
REQUEST FOR NEGOTIATED DECISION REPORT
Author Senior Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. OPW26/0033
Development Approval Operational Works - Drainage Works, Earthworks,
Roadworks, Stormwater, Clearing Vegetation under
planning scheme
Applicant Surveyor Pty Ltd
Representations Received On 17 September 2026
Negotiated Decision Due Date 16 October 2026
Report Reviewed & Finalised Will Lowe – 29 September 2026
By
Number of Submissions for NIL
Original Application
PROPERTY DETAILS
Property Address 30 Pottery St Pomona Qld 4568
RP Description Lot 496 MCH 591
Land Area 20230.000 m²
Existing Use of Land Residential (Dwelling House)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Rural Residential
Precinct Not applicable
Local Area Plan Hinterland Villages
Overlays Biodiversity, Waterways and Wetlands Overlay, Bushfire
Hazard, Koala Habitat Area
Assessment Type Representations made to original approval
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Document Set ID: 25207630
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1. BACKGROUND
A development approval for Operational Works - Drainage Works, Earthworks, Roadworks,
Stormwater, Clearing Vegetation under planning scheme was issued on 7 August 2026
The applicant suspended the appeal period and made representations on 17 September 2026 to
the development approval conditions. The representations are detailed below but primarily relate
to the specific details of the prestart deliverables, fauna management, treatment of the trees and
post-construction certification.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Existing Condition 10
2. Submit a Construction Management Plan to Council prior to the pre-start meeting. The
Construction Management Plan must specifically address the following:
a. traffic management during all aspects of the construct phase including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers and deliveries; and
v. no queuing of trucks is permitted on residential streets;
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
h. details on the location of external fill/dump sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
Applicant’s Request
The applicant has requested existing condition 10 be amended and replaced with the following
amended condition:
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10. Submit an initial Construction Management Plan to Council prior to the pre-start meeting.
The Construction Management Plan must specifically address the following:
a. Traffic management during vegetation clearing stages of the construction phase
including:
i. Adequate road signage and traffic control measures;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site;
iii. Proposed fencing to the site during the clearing phase of the development;
iv. Adequate parking arrangements for constriction workers, residents and
delivers; and
v. No queuing of trucks is permitted on residential streets;
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
controls;
c. Works programme identifying key components of the clearing works and their
respective durations;
d. Establishment of a communication protocol with the adjoining owners and local
residents affected by the clearing works, to advise of agreed clearing times, impacts
on access and services and other relevant issues;
e. Include a post out to the neighbouring and nearby residents advising of the proposed
development, the expected clearing time frames and the site contactor details;
f. Include signage in a prominent location at the front of the site advising of the proposed
development approval number and the site contact details.
Assessment of Request
Council understands that the intent of the change is to allow for the commencement of vegetation
clearing through the preparation of a Construction Management Plan to be submitted to Council
prior to the prestart meeting without requiring a Construction Management Plan for the civil works.
Council sees merit in separating the two works into separate phases – vegetation clearing and civil
works. However, the requested amendment does not clearly define both phases, specify the detail
required in each Construction Management Plan, omit critical detail relating to the standards for
traffic control or a complaint resolution system, or specify when the civil Construction Management
Plan will be submitted.
Council is generally supportive of the request but suggests that intent of the representation can be
satisfied by creating two conditions, one for each phase of works.
Recommendation
It is recommended existing condition 10 be amended and condition 10A be included to read as
follows:
11. Submit an initial Construction Management Plan to Council prior to the pre-start meeting.
The Construction Management Plan must be prepared for phase one of works which
relates to Clearing Vegetation under Planning Scheme and must specifically address
the following:
a. traffic management during the clearing of vegetation clearing stages of the
construction phase including:
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i. Adequate road signage and traffic control measures a Traffic Management
Plan in accordance with the Manual of Uniform Traffic Control Devices
(MUTCD) detailing all temporary signage and traffic control measures
prior to the commencement of the vegetation clearing;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has
ceased;
iii. Proposed fencing to the site during the clearing construction phase of the
development;
iv. Adequate parking arrangements for constriction workers, residents and
delivers; and
v. No queuing of trucks is permitted on residential streets;
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
controls;
c. Works programme identifying key components of the clearing works and their
respective durations;
d. Establishment of a communication protocol with the adjoining owners and local
residents affected by the clearing works, to advise of agreed clearing times, impacts
on access and services and other relevant issues;
e. Include a post out to the neighbouring and nearby residents advising of the proposed
development, the expected clearing time frames and the site contactor details;
f. Include signage in a prominent location at the front of the site advising of the proposed
development approval number and the site contact details
g. Identification of complaint management procedures including:
i. Contact details for the on-site manager; and
ii. Dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall
be fully repaired at the applicant’s expense.
10A. Submit a Construction Management Plan to Council for agreement prior to the
commencement of any civil w orks (Stormwater, Drainage Works, Earthworks or
Roadworks). The Construction Management Plan must be prepared for phase two of
works which relates to the civil works and must specifically address the following:
a. traffic management during the civil works including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of
the site both during daily construction and after daily construction has
ceased;
iii. proposed fencing to the site during the construction phase of the
development;
iv. adequate parking arrangements for construction workers and deliveries;
and
v. no queuing of trucks is permitted on residential streets;
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b. maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of
the proposed development, the expected time frames and the site contact
details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense.
Existing Condition 17
17. Approved vegetation removal, felling and lopping must:
a. Be undertaken in a manner that avoids damaging surrounding vegetation and habitat
to be retained.
b. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
c. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
d. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
e. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
(*) Refer to Advisory Note
Applicant’s Request
The applicant has requested existing condition 17 be amended and replaced with the following
amended condition:
17. Approved vegetation removal, felling and lopping must:
a. Be undertaken in a manner that avoids damaging surrounding vegetation and habitat
to be retained.
b. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
c. Stockpile timber logs for transportation and/or milling.
d. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
e. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
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f. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
(*) Refer to Advisory Note
Assessment of Request
Council is supportive of the request to allow the harvesting and/or milling of timber. No objection is
raised to suitable felled timber being retained or removed from the site for beneficial reuse,
including milling. However, as timber harvesting or milling is not required as part of the
development, it is recommended that the condition not require logs to be stockpiled for
transportation and/or milling. Instead, the condition should provide flexibility for suitable timber to
be retained or removed for beneficial reuse.
An additional advisory note is recommended.
Recommendation
It is recommended existing condition 17 be amended to read as follows:
18. Approved vegetation removal, felling and lopping must:
a. Be undertaken in a manner that avoids damaging surrounding vegetation and habitat
to be retained.
b. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
c. Mulch all other remaining wood and leaf material (without root balls, soil or debris and
minimising weed seeds) for re-usable mulch.
d. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
e. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
f. Allow suitable felled timber to be retained or removed from the site for beneficial
reuse.
(*) Refer to Advisory Note
Existing Condition 25
19. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those
identified as habitat trees) will be cleared and stockpiled for mulching. Clearing of non-habitat
trees will only occur where their removal will not impact on identified habitat trees (e.g.
canopies do not interconnect with habitat trees).
Applicant’s Request
The applicant has requested existing condition 25 be amended and replaced with the following
amended condition:
25. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those
identified as habitat trees) will be cleared and stockpiled for transportation and/or milling or
mulching. Clearing of non-habitat trees will only occur where their removal will not impact on
identified habitat trees (e.g. canopies do not interconnect with habitat trees).
Assessment of Request
Council is supportive of the request to allow the harvesting and/or milling of timber. No objection is
raised to suitable felled timber being retained or removed from the site for beneficial reuse,
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including milling. However, as timber harvesting or milling is not required as part of the
development, it is recommended that the condition not require logs to be stockpiled for
transportation and/or milling. Instead, the condition should provide flexibility for suitable timber to
be retained or removed for beneficial reuse.
An additional advisory note is recommended.
Recommendation
It is recommended existing condition 25 be amended to read as follows:
26. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those
identified as habitat trees) will may be cleared and stockpiled for mulching. Suitable felled
timber may be retained or removed from the site for beneficial reuse, with remaining
felled vegetation stockpiled for mulching. Clearing of non-habitat trees will only occur
where their removal will not impact on identified habitat trees (e.g. canopies do not
interconnect with habitat trees).
3. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme. The
requested changes to the conditions do not raise any significant issues and are therefore
supported. The application is therefore recommended for approval.
The report is provided in accordance with Section 76 of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. OPW26/0033, and the representations made, Council on 29
September 2026 decided to:
A. Agree to amend conditions 10, 17 and 25 to read as follows:
10. Submit a Construction Management Plan to Council prior to the pre-start meeting. The
Construction Management Plan must be prepared for phase one of works which relates to
Clearing Vegetation under Planning Scheme and must specifically address the following:
a. traffic management during the clearing of vegetation including:
i. a Traffic Management Plan in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to the commencement of the vegetation clearing;
ii. Maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. Proposed fencing to the site during the construction phase of the development;
iv. Adequate parking arrangements for constriction workers, residents and
delivers; and
v. No queuing of trucks is permitted on residential streets;
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
controls;
c. Works programme identifying key components of the clearing works and their
respective durations;
d. Establishment of a communication protocol with the adjoining owners and local
residents affected by the clearing works, to advise of agreed clearing times, impacts
on access and services and other relevant issues;
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e. Include a post out to the neighbouring and nearby residents advising of the proposed
development, the expected clearing time frames and the site contactor details;
f. Include signage in a prominent location at the front of the site advising of the proposed
development approval number and the site contact details
g. Identification of complaint management procedures including:
i. Contact details for the on-site manager; and
ii. Dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
17. Approved vegetation removal, felling and lopping must:
a. Be undertaken in a manner that avoids damaging surrounding vegetation and habitat
to be retained.
b. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
c. Mulch all remaining wood and leaf material (without root balls, soil or debris and
minimising weed seeds) for re-usable mulch.
d. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
e. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
f. Allow suitable felled timber to be retained or removed from the site for beneficial reuse.
(*) Refer to Advisory Note
25. After under scrubbing of each area is complete, non-habitat trees (i.e. trees other than those
identified as habitat trees) may be cleared and stockpiled for mulching. Suitable felled timber
may be retained or removed from the site for beneficial reuse, with remaining felled
vegetation stockpiled for mulching. Clearing of non-habitat trees will only occur where their
removal will not impact on identified habitat trees (e.g. canopies do not interconnect with
habitat trees).
B. Include an additional condition 10A to read as follows:
10A. Submit a Construction Management Plan to Council for agreement prior to the
commencement of any civil works (Stormwater, Drainage Works, Earthworks or Roadworks).
The Construction Management Plan must be prepared for phase two of works which relates
to the civil works and must specifically address the following:
a. traffic management during the civil works including:
i. a Traffic Management Plan in accordance with Manual of Uniform Traffic Control
Devices (MUTCD) detailing all temporary signage and traffic control measures
prior to construction;
ii. maintenance of safe vehicle and pedestrian access across the frontage of the
site both during daily construction and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the development;
iv. adequate parking arrangements for construction workers and deliveries; and
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v. no queuing of trucks is permitted on residential streets;
b. maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures;
c. works programme identifying key components of the works and their respective
durations;
d. establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues;
e. include a post out to the local residents and businesses advising of the proposed
development, the expected time frames and the site contact details;
f. include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details;
g. identification of complaint management procedures including:
i. contact details for the on-site manager; and
ii. dispute resolution procedures.
Any damage to the existing road system as a result of haulage operations shall be fully
repaired at the applicant’s expense.
C. Include an additional advisory note 19 to read as follows:
Removal of Existing Trees and Vegetation
19. Council has no objections to suitable felled timber being retained or removed from the site
for beneficial reuse, including for milling.
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