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