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

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