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Minor Change Existing Approval OPW16 0303 02 (As Published)
Officer: Stacey Clohesy
Direct Telephone: 07 53296129
Our Reference: OPW16/0303.02
Your Reference: .
16 December 2025
Palm Lake Works Pty Ltd
PO Box 10479
SOUTHPORT BC QLD 4215
[email protected]
Dear Sir/Madam,
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 2 October 2025, requesting a minor change to an existing
development approval. Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW16/0303.02
Street address: 19 Trading Post Rd Cooroy Qld 4563
Real property description: Lot 102 SP 287641
Planning Scheme: Noosa Plan 2020 (26 September 2025)
2. DECISION DETAILS
The following type of approval was issued on 27 January 2017.
• Development Permit for Operational Work - Landscaping
In relation to the request to make a minor change to the existing approval, Council on 12 December
2025, decided to approve in part the requested changes. The changes are detailed below.
A. Approve the change in part.
B. Amend condition 1 and 3.
C. Refuse to change condition 22(b) for the reason:
i. The request for a reduction in the maintenance period for buffer planting from 36 months
to 12 months is not supported due to the time required to successfully establish the mix
of species, densities, mounding, mulching and maintenance.
D. Include additional conditions 24 and 25.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is 2 years starting the day that the original
development approval OPOW16/0303 took effect.
4. ASSESSMENT MANAGER CONDITIONS
LANDSCAPE CONDITIONS
Plans and Documents
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development, with annotations by Council. The approved and annotated
plans are listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
TP-00 A Cover Sheet as annotated by Council 11/11/16
Prepared by Hamilton Landscape
Architects
TP-01 A Landscape Masterplan as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
TP-02 A Landscape Fencing Plan as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
TP-03 A Surface Finishes Plan as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
TP-04 A Planting Plan 11/11/16
Prepared by Hamilton Landscape
Architects
TP-05 A Trading Post Road Design as annotated 11/11/16
by Council
Prepared by Hamilton Landscape
Architects
TP-06 A Tree/Palm Planting Plan 11/11/16
Prepared by Hamilton Landscape
Architects
TP-07 A Shrub Planting Plan as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
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TP-08 A Bioretention Basin 1 as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
TP-09 A Central Bioretention Basin as annotated by 11/11/16
Council Prepared by Hamilton Landscape
Architects
TP-10 A Bioretention Basin 2 as annotated by 11/11/16
Council
Prepared by Hamilton Landscape
Architects
IAS17818 1 Arboricultural Impact Assessment and 22/08/2025
Visual Tree Assessment prepared by
Independent Arboricultural Services
12 December 2025
213-001-CD001 D Landscape Cover Sheet prepared by 01/10/2025
Citicene
213-001-CD002 D Landscape Specification Notes prepared by 01/10/2025
Citicene
213-001-CD003 D Landscape Schedules prepared by Citicene 01/10/2025
as annotated by Council
213-001-CD600 D Landscape Plan prepared by Citicene 01/10/2025
as annotated by Council
213-001-CD601 D Landscape Plan prepared by Citicene 01/10/2025
as annotated by Council
213-001-CD602 D Landscape Plan prepared by Citicene 01/10/2025
as annotated by Council
213-001-CD800 D Landscape Details prepared by Citicene 01/10/2025
2. All landscaping works on Elm Street Frontage must be established and maintained to provide
a vegetated screen to the Elm Street acoustic fence and roofs associated with the
development.
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3. Elm Street Frontage landscape works between, and including, lots 17 to 65 must be in
accordance with permit approval conditions for operational works (civil) Council File
OPW16/0203 including plans:
213-001-CD603 D Landscape Plan prepared by Citicene 01/10/2025
as annotated by Council
213-001-CD604 D Landscape Plan prepared by Citicene 01/10/2025
as annotated by Council
4. Works on a State controlled road (Elm Street) require a Traffic Control Permit (TCP) from the
Department of Transport and Main Roads (DTMR). An approved TCP must be submitted to
Council prior to commencement of the works in the State controlled road.
5. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans, as amended by Council, and conditions detailed in this Decision
Notice.
b. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines, including Planning Scheme Policy 3 Landscaping Plants
and Guidelines.
c. The latest version of Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland (Healthy Waterways) for all water quality devices to be
constructed on site or the approved stormwater management plan.
d. All necessary permits required by third parties including Department of Transport and
Main Roads (DTMR).
Landscaping Works
6. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately.
7. Landscape works must:
a. Delineate all planting to grassed area interfaces with a timber edge including areas
between all gardens and lawn in the road reserve areas of Pearsons Road and Trading
Post Road.
b. Ensure amenity or sales signage and ancillary infrastructure is not installed within the
road reserve.
c. Provide additional street tree planting to the Trading Post Road and Pearsons Road
reserves. All street trees must be 45 litre with a NATSPEC certificate approval provided
to Council. Street Trees are to be established between the back of the kerb and the
required concrete pathway at an average of 8 metre centres. Species are to be suitable
for site specific planting conditions and include native species.
i. Buckinghamia celsissima
ii. Cupaniopsis anacardioides
iii. Elaeocarpus reticulatus
iv. Waterhousea floribunda
v. Callistemon viminalis
vi. Eucalyptus ptychocarpa
vii. Callistemon salignus
viii. Acmena hemilampra
ix. And other native species as agreed to in writing by Council.
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d. Ensure permanent irrigation is not installed within the road reserve.
e. Remove and treat all environmental weeds within the site and along the Elm Street
frontage.
f. Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of
foreign matter including anthropogenic waste, rock, soil/sediment contamination and is
applied to all planting areas to ensure a minimum 100mm depth once settled.
8. Street trees* must:
a. Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
b. Be Native species.
c. Be located in accordance with engineering requirements for safe vehicle and
pedestrian sight lines.
d. Be located from services and infrastructure a minimum of:
i. 6m from electricity poles and pillars.
i. 4m from street lighting.
ii. 2m from stormwater catchment pits.
iii. 2m from any adjoining driveway.
(* Refer to Advisory Note)
9. All Turfed areas must be must be free of pest, diseases and weeds and level with adjoining
surfaces
Bioretention Devices - Landscaping
10. All landscaping works to the Bioretention Devices must be in accordance, and not conflict
with, the Council approved Storm Water Management Plan.
11. Landscape plans must include a mixture of at least five of the following species for planting
in the bioretention basin extended detention surface at a minimum density of 8 plants/m2:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
12. Landscape plants for the areas surrounding the bioretention basin filter media footprint must
be arranged to minimise shading to the filter media footprint are. Suitable plants include the
following:
a. Carex appressa
b. Carex fascicularis
c. Ficinia nodosa
d. Juncus usitatis
e. Lomandra longifolia
f. Ghania sieberiana
g. Banksia robur
h. Dianella brevipendunculata
i. Themada triandra
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j. Cymbopogan refractus
k. Melaleuca thymifolia
13. Where landscaping/garden beds are proposed adjacent to the bioretention basin, or where
the basin is located adjacent to naturally forested areas, a 900mm deep root barrier must be
installed to the interface between the landscape/garden/forest area and the bioretention
basin to prevent root intrusion to the biobasin infrastructure.
14. Landscaping to the surface of the bioretention basin filter media area must not commence
until 80% of building work within each contributing catchment is complete or after 3 years,
whichever occurs first. An uncompleted works bond of 150% of the value of the planting to
the surface of the bioretention basin filter media area must be provided to Council prior to
the release of the Plan of Survey.
15. Where required, mulch within the batters of bioretention basins must be installed in a manner
that it will not escape into receiving stormwater drainage infrastructure or water courses.
Bioretention Devices - Education
16. The development shall be provided with approved permanent signage to educate the public
on the function of the bioretention basin. The wording for the signage for each bioretention
basin is to include: “BIORETENTION BASIN - This bioretention basin reduces the pollution
of our waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to Six Mile Creek”.
FOLLOWING CONSTRUCTION
Supervision/Certification
17. Prior to commencement of use the following (prepared by respective qualified persons*
and certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification confirming all works have been constructed in accordance
with conditions of approval.
b. NATSPEC certification (Specifying Trees: a guide to assessment of tree quality
addressing each specimen).
(* Refer to Advisory Note)
Site Stability
18. Prior to the completion of the development, all site surfaces must be effectively stabilised.
For the purpose of this condition, an effectively stabilised surface is defined as one that does
not, or is not likely to result in visible evidence of soil loss caused by sheet, rill or gully
erosion or lead to sedimentation, or lead to water contamination.
FOLLOWING CONSTRUCTION
Bonds
19. Bonds must:
a. Meet the requirements of the relevant Council Planning Scheme Policy for performance
and uncompleted works.
b. Be calculated using a schedule of works and relevant bond equation.
c. Include GST.
d. Have approval of the bond calculations and amount from Council, prior to lodgement.
e. Be lodged with Council and accompanied by the Bond Administration Fee/s.
f. Be requested for release by writing to Council, when relevant approval requirements
have been met.
20. A Maintenance Bond of $7000 must be lodged for:
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a. External Landscape works to become a Council and DTMR asset.
b. 2m buffer plantings in the lot on the Elm Street frontage
The bond will be refunded less any costs incurred by Council in ensuring compliance with
these conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
21. Uncompleted Works Bonds must be lodged for Bioretention Devices – Landscaping works
being completed after 80% development (dwellings) construction.
On Maintenance
22. Maintenance periods* must be:
a. 12 months for Trading Post and Pearson Road Streetscape.
b. 36 months for Elm Street Road and Elm Street 2m buffer plantings.
c. 36 months for Water Treatment Devices Landscape.
*(Refer to Advisory Note)
23. Prior to requesting an On Maintenance inspection the following (prepared by respective
qualified persons* and certifying compliance with approvals) must be submitted to Council:
a. Landscaping certification.
b. Specifying Trees: a guide to assessment of tree quality (NATSPEC) certification
(addressing each specimen).
c. All required landscape bonds.
Additional conditions – 12 December 2025
24. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
at least five business days’ notice). The prestart meeting must be attended by the responsible
persons for:
a. Landscape works
25. Existing mature trees along the Elm Street road frontage, as documented in the approved
Arborist report, must be retained in good health for the life of the development by the
landholder. In the event of decline in health any of these trees and where they have been
documented by a qualified arborist, with a minimum qualification of International Society of
Arboriculture (ISA) certification or Diploma of Arboriculture, to pose an unacceptable risk to
life and/or property, the landholder must notify Council in writing and provide the qualified
arborist documentation prior to, or within 48 hours of, the required vegetation management.
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance with the
requirements of the National Construction Code - Building Code of Australia (Volume 1) as
they relate to people with disabilities. Your attention is also directed to the fact that in addition
to the requirements of the National Construction Code as they relate to people with
disabilities, one or more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
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c. the Disability (Access to Premises – Buildings) Standards
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage.” It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the Act can also issue stop orders for an activity that
is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of
Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any obligations
under the ACH Act.
3. Qualified Person, for the purpose of:
a. Supervising landscape works and preparing a landscape certification, is considered to
be a landscape architect, landscape designer or horticulturist with a minimum of three
years current experience in the field of landscape design.
b. Undertaking landscape construction and establishment works is considered to be a
person with five years current experience in commercial landscape construction
projects.
4. Street trees are defined as any tree located within public streets, parks or areas that will
become publically owned as a result of this development.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
5. Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
minimum of five business days’ notice of preferred inspection time.
On Maintenance
6. Request for On Maintenance is the responsibility of the developer. No credit will be given
due to failure to request inspection. Maintenance works are the responsibility of the
developer and must include regular inspections, repairs, rectifications and establishment. A
single maintenance run immediately prior to inspection is not acceptable.
Off Maintenance
7. A re-inspection fee in accordance with Councils Fees and Charge Register will be charged
where:
a. A Council inspection reveals works do not comply with approval requirements.
b. Submitted certification falsely states works comply with approval requirements.
Retention of Existing Trees
8. The existing trees on adjoining properties must be retained and protected during construction
wherever achievable. To avoid doubt, this advisory note is not intended to exclude the
operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following
construction of the development which is the subject of this development approval.
9. No clearing of vegetation on DTMR land is authorised by this permit.
10. Infrastructure Charges
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11. All developments and/or changes to existing developments may require payment of
“Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
made pursuant to the planning legislation and regulations current at the time of issue. For
further information, please refer to https://www.noosa.qld.gov.au/planning-
development/development-tools-guidelines/infrastructure-charges
Vegetation on Department of Transport and Main Roads land
12. This approval does not permit any vegetation removal or planting on land within
Department of Transport and Main Roads jurisdiction. Landholder permission should be
obtained from Department of Transport and Main Roads prior to works commencing.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Stacey Clohesy
Senior Environment Officer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
DECISION NOTICE HISTORY
• Original Decision Notice – 27 January 2017.
• Generally in Accordance – OPW16/0303.01 – 14 October 2019.
• Decision Notice – Minor Change – OPW16/0303.02 – 12 December 2025, with an amendment to conditions 1 and 3 and additional
conditions 24 and 25.
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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