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Delegated Report - Code - Planning OPW26 0082 [As Published]

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Senior Environment Officer, Stacey Clohesy
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   OPW26/0082

                  Applicant                         Edmund Hern Lourens
                                                    Marie Lourens

                  Proposal                          Operational Works - Clearing Vegetation under planning scheme

                  Properly Made Date                25 June 2026

                  Information Request Date          20 July 2026

                  Information Response Date         17 August 2026

                  Decision Due Date                 25 September 2026

                  Report Reviewed &                 Will Lowe – 24 September 2026
                  Finalised By


                  PROPERTY DETAILS

                  Property Address                  400 Mckinnon Dr Cooroibah Qld 4565

                  RP Description                    Lot 4 RP 136445

                  Land Area                         40470.000 m²

                  Existing Use of Land              Rural residential


                  STATUTORY DETAILS

                  SEQRP Designation                 Rural Living Area

                  Zone                              Rural Residential

                  Precinct                          Not applicable

                  Local Plan Area                   Not applicable

                  Overlays                          Biodiversity, Waterways and Wetlands Overlay, Bushfire Hazard

                  Assessment Type                   Code




Document Set ID: 25190157
Version: 4, Version Date: 24/09/2026
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Page 2

               1.     PROPOSAL
               The application seeks approval for Operational Works - Clearing Vegetation under planning
               scheme.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                   Figure 2 – Site Survey Plan

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                                               Figure 3 – Tree removal & retention plan



               2.     APPLICATION BACKGROUND
               The application was made pursuant to section 10 of the higher order reconfiguring a lot (1 into 2)
               approval (Council reference: RAL25/0016) which required a Development Permit for Operational
               Works – Vegetation Clearing.


               3.     SITE DETAILS
               3.1. Site History
               There is an existing dwelling house and ancillary structures with an onsite sewerage system. There
               is no record of the approval for this dwelling house and ancillary structures.
               The subject clearing is required to facilitate the future dwelling associated within lot 42.
               3.2. Site Description
               The existing property is a 4.04 ha semi-regular shaped lot containing a dam and waterway in the
               centre of the site. Future Lot 42, the southern portion of the lot is 1.5ha.
               Surrounding the dam and the front portion of the site is an Area of Biodiversity Significance and
               the mapped waterway includes a Riparian Buffer Area (Figure 4). The entire property is mapped
               as a Koala Priority Area, however the subject clearing site does not contain Core Koala Habitat
               Area. A portion of Core KHA is located to the north of the clearing site (Figure 5).
               The future lot reconfiguration (RAL25/0016) retains the Riparian Buffer Area within the parent lot,
               Lot 41 with all new works, including future dwelling, ancillary development, driveway and the
               subject clearing, within Lot 42, to the frontage of McKinnon Drive.
               The Area of Biodiversity Significance on the proposed Lot 42 covers canopy trees scattered
               through the front of the site. These canopy trees are dominated by Melaleuca quinquenervia
               (Coastal Teatree), with occasional Eucalyptus racemosa and Corymbia intermedia (Scribbly gum
               and Bloodwood, respectively) located on the higher ground.

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                                       Figure 4. Biodiversity, Waterways and Wetlands Overlay map




                                                    Figure 5. SEQ Koala Habitat Map




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               3.3. Surrounding Land Uses
               The property is part of a large Rural Residential zoned area that extends north and west from
               McKinnon Drive. The opposite side of McKinnon Drive is Tewantin National Park. To the east is
               Cooroibah Conservation Park.
               4.     ASSESSMENT
               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (20 Mar 2026).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Biodiversity Waterways and Wetlands Overlay Code
               The subject site is located in Pomona and is zoned Rural Residential. The proposed use is
               identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
               The application material proposes the removal of 18 trees, as identified in the Tree Survey &
               Retention Plan, Equilibrium Ecology, 1 June 2026.
               This is inconsistent with the application material submitted and assessed as part of the higher order
               approval (RAL 25/0016), specifically the following documents referenced in Decision Notice:
               •      The Bushfire Hazard Assessment & Management Plan (Equilibrium Ecology, 16 July 2025)
                      states that no vegetation clearing or other environmental impacts are required to facilitate
                      the bushfire mitigation measures.
               •      The Ecological Assessment Report (Equilibrium Ecology, 16 July 2025) identifies the
                      removal of only two Melaleuca trees located within the proposed building envelope.
               The conditions of the higher order sought to mitigate impacts within the biodiversity significance
               area within Lot 42 through the protection of Eucalyptus racemosa by covenant (condition 17,
               RAL26/0016). The proposed clearing includes the removal of several Eucalyptus racemosa trees
               within the building envelope and asset protection zone that were not identified for removal in the
               higher order (RAL26/0016).
               The following information was requested in an information request (20 July 2026) to the applicant
               to address this matter:
               1.     Provide information addressing the inconsistency between the extent of vegetation clearing
                      identified in the documents supporting the higher-order approval (RAL25/0016) and the
                      extent of clearing proposed in the current application
               2.     Demonstrate that the proposed vegetation clearing has been minimised and is limited to the
                      minimum extent reasonably necessary to achieve the development outcome.
               The following response was received (17 August 2026) along with a brief supporting email from
               Equilibrium Ecology (22 July 2026).
               “…. the Bushfire Hazard Assessment and Ecological Assessment submitted with the original
               application did not account for the additional bushfire risk arising from Council’s requirement for a
               vegetation protection covenant in close proximity to the house site on proposed Lot 42. Those

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               assessments were prepared on the basis that future landowners would retain the ability to manage
               understorey and mid-storey fuel loads around the approved building envelope.
               The proposed covenant would restrict this vegetation management in close proximity to the future
               dwelling site. Accordingly, some additional vegetation clearing is required outside the covenant
               area to maintain an appropriate bushfire setback and ensure that a future dwelling can achieve a
               reasonable level of bushfire protection without relying upon ongoing vegetation management within
               the protected covenant area.
               Notwithstanding this, the extent of vegetation clearing has been minimised to that which is
               reasonably necessary to facilitate a future dwelling on the lot while retaining adjoining
               environmental covenant areas for the long-term protection of vegetation. The vegetation identified
               for removal also primarily comprises paperbark species that were damaged while juvenile and
               have subsequently developed multiple leading trunks.”
               Having due regard to the bushfire management requirements applicable to a future dwelling,
               including exemptions for essential management activities such as establishing necessary
               firebreaks, the proposed clearing is considered to be limited to the minimum extent reasonably
               necessary to facilitate the development.
               5.      CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No OPW26/0082 RAL25/0016 for a Operational Works - Clearing
               Vegetation under planning scheme situated at 400 Mckinnon Dr Cooroibah Qld 4565 and
               described as Lot 4 RP 136445, it is recommended the application be approved in accordance with
               the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              OPW26/0082

                   Street address:              400 Mckinnon Dr Cooroibah Qld 4565

                   Real property description:   Lot 4 RP 136445

                   Planning Scheme:             Noosa Plan 2020 (20 March 2026)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •       Development Permit for Operational Works - Clearing Vegetation under planning scheme
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.


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               4.     ASSESSMENT MANAGER CONDITIONS

               APPROVED PLANS
                      Plans and Documents
               1.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.

                           Plan No.            Rev.   Plan/Document Name                              Date

                           TRP062026           00     Tree Survey & Retention Plan [Cover page], 1 June 2026
                                                      prepared by Equilibrium Ecology

                           TRP062026           00     Tree Survey & Retention Plan [Page 1], 1 June 2026
                                                      prepared by Equilibrium Ecology

                           TRP062026           00     Tree Survey & Retention Plan [Page 2], 1 June 2026
                                                      prepared by Equilibrium Ecology

               2.     Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table unless
                      otherwise amended by these conditions.
               CURRENCY PERIOD
               3.     The Currency Period for this development approval lapses if the development has not
                      substantially started by 25 September 2028, unless an application to extend the currency
                      period is approved by Council.
               PRIOR TO THE COMMENCMENT OF WORKS
               4.     Prior to requesting a prestart meeting:
                      a.      Tree protection fencing must be installed under the supervision of the qualified person*.
                              (Refer to Retention of Existing Trees conditions).
                      b.      Pre-clearance surveys and habitat assessment required by this Decision Notice must
                              be undertaken (Refer to Fauna Management conditions).
               5.     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. Arboreal (tree) works
                      b. Fauna management works
               DURING CONSTRUCTION
                      General
               6.     All works must be constructed and work procedure undertaken in accordance with:
                      a.      The approved plans/documents and conditions detailed in this Decision Notice.
                      b.      The relevant conditions of the higher order Reconfiguration of Lot approval viz.
                              RAL26/0016 to which this approval relates, except where in accordance with this
                              Decision Notice.
                      c.      All relevant Council Planning Scheme Policies, standard drawings, standard
                              specifications and guidelines.
                      d.      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.
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               VEGETATION PROTECTION
                      Retention of Existing Trees and Vegetation
               7.     All trees and vegetation identified for retention must be protected in accordance with
                      AS 4970, Protection of trees on development sites.
               8.     A qualified person (*) must be engaged for the duration of the works to:
                      a.      Oversee installation of all tree protection fencing/measures prior to commencement of
                              any works onsite (including any clearing).
                      b.      Supervise tree protection within the development site and frontages, prior to, during
                              and following construction in accordance with AS4970, Protection of trees on
                              development sites.
                      c.      Oversee approved tree removal in proximity to retained trees.
                      *(Refer to Advisory Note)
                      Fauna Management
               9.     A qualified person* must be engaged to manage fauna prior and during clearing to:
                      a.      Ensure works are carried out in accordance with the Nature Conservation Act 1992.
                      b.      Undertake pre-clearing inspections including fauna relocation and removal or blocking
                              of all vacant hollows.
                      c.      Ensure clearing works avoids nesting times of animals and birds.
                      d.      Co-ordinate staging and sequence of clearing with fauna protection.
                      e.      Protect and recover fauna during clearing operations (fauna not previously removed).
                      f.      Manage the translocation of animals and recovery procedures where required in
                              accordance with relevant legislation.
                      *(Refer to Advisory Note)
                      Removal of Existing Trees and Vegetation
               10.    Vegetation removal, felling and lopping must:
                      a.      Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
                      b.      Mulch all other wood and leaf material (without root balls, soil or debris and minimising
                              weed seeds) for re-usable mulch.
                      c.      Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
                              of three months.
                      d.      Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
                              between piles.
                      e.      Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
                              revegetated.
                      *(Refer to Advisory Note)
               11.    Removal of existing trees and vegetation must be undertaken by a qualified person* and
                      must include:
                      a.      Stump grinding to below finished surface level.
                      b.      Rectification to the finished surface levels and materials.
                      c.      No damage to other vegetation for retention.
                      d.      Legal disposal of all removed vegetation and debris.
                      e.      Replacement planting is to be undertaken post-clearing as follows:

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                              i.            replacement at a ratio of 6 replacement trees for each Eucalyptus
                                       racemosa tree removed outside of the building envelope.
                              ii.      Replacement species are to include Eucalyptus racemosa (Scribbly gum)
                                       species, or a suitable alternative koala food tree species approved by Council
                              iii.     Minimum size 140-200mm
                              iv.      Prior to planting submit to Council for endorsement a site plan nominating the
                                       location of the trees to be planted, with a minimum 2-5m separation distance.
                                       Trees are to be allocated within existing cleared areas, outside of the bushfire
                                       asset protection zone and clear of existing and approved infrastructure.
                      Land Rehabilitation
               12.    Rehabilitation (replacement planting) works must be supervised, undertaken and certified by
                      qualified persons*.
                      *(Refer to Advisory Notes)
               13.    The rehabilitation (replacement planting) maintenance period must be for 12 months after
                      installation and provision of certification.
               14.    The Rehabilitation supervisor or Property owner must:
                      a.      Organise formal inspection with Council’s delegate at the end of the 12-month
                              maintenance period.
                      b.      Submit to Council (with each inspection request) a brief Rehabilitation Status Report
                              (written and photographic), documenting:
                              i.       The condition of the replanting area, including photographs.
                              ii.      Detailing works undertaken in the previous year.
                              iii.     Measuring the works against the conditioned Performance Criteria.
               15.    Rehabilitation works must meet the following Performance Criteria for:
                      a.      Year One – 12 months after installation
                              i.       Planted trees have achieved an average height of 1m.
                      b.      The duration of the establishment and maintenance period:
                              i.       Replacement plantings must be established and maintained in accordance with
                                       this Decision Notice and the Noosa Plan 2020, Planning Scheme Policy 2 (PSP2)
                                       – Landscaping
                              ii.      Weed infestations less than 5% of the rehabilitation (replacement planting area)
                                       areas.
                              iii.     Any failed plants within the previous 12 month period have been replaced.
                              iv.      Healthy and vigorous growth allowed to grow to full form.
                              v.       Mulch layer sufficient to suppress weeds.
                      FOLLOWING WORKS
                      Bonds
               16.    Bonds must:
                      a.      Meet the requirements of the Noosa Council Planning Scheme Policy for performance
                              bonds (PSP4).
                      b.      Be lodged with Council and accompanied by the Bond Administration Fee/s.
                      c.      Be requested for release by writing to Council, when relevant approval requirements
                              have been met.

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               17.    A Performance Bond of $2000 must be submitted to Council following clearing works to
                      ensure compliance with required rehabilitation replacement planting.
                      The bond will be refunded less any costs incurred by Council in ensuring compliance with
                      rehabilitation conditions or any additional inspections incurred for substandard work or work
                      undertaken not in accordance with this permit.


               5.     REFERENCE DOCUMENTS



                Plan No.                  Rev.    Plan/Document Name                                    Date

                25030-DET-02              4       Contour and Detail Survey, prepared by Macro 19 May 2026
                                                  Spatial Solutions

               6.     REFERRAL AGENCIES

               Not applicable.

               7.     ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
               ADVISORY NOTES
                      Prestart, On and Off Maintenance, Rehabilitation Inspections Request
               1.     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.
                      Qualified Person
               2.     Qualified Person, for the purpose of:
                      a.      Undertaking rehabilitation planting and establishment works is considered to be a
                              person with five years current experience in revegetation and regeneration.
                      b.      Undertaking, supervising tree works and preparing arboriculture certification, is
                              considered to be a person with a minimum three years current experience in tree
                              protection, hazard identification/mitigation and Specifying Trees – a guide to
                              assessment of tree quality (NATSPEC) assessment and either:
                              i.       International Society of Arboriculture (ISA) certification; or
                              ii.      A Diploma of Arboriculture.
                      c.      Managing Fauna protection is considered to be an Ecologist or Environmental Scientist
                              with a minimum of three years current experience in the field of fauna assessment and
                              management.


                      Biosecurity Act 2014 – Fire Ant Control
               3.     Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
                      individuals and businesses are responsible for ensuring that they follow the movement
                      controls for specific organic materials to help prevent the spread of fire ants within South
                      East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
                      ant biosecurity zone may need a biosecurity instrument permit. More information is available
                      on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
                      Performance Bond Agreement

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               4.     An applicant for a development application may make an agreement with an assessment
                      manager, referral agency or other person to establish the responsibilities, or secure the
                      performance, of a party to the agreement about a development condition.


               8.     PROPERTY NOTES

               Not applicable.
               9.     VARIATION APPROVAL DETAILS

               Not applicable.
               10.    FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               11.    SUBMISSIONS

               Not applicable.
               12.    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.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               13.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 25190157
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