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Minor Change Report OPW16 0303 02 (As Published) · OPW16/0303.02

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author(s)               Ecologist, Conor Neville
                                       Stacey Clohesy, Environment Officer
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                   OPW16/0303.02

                    Development Approval              REC15/0031 & MCU15/0111

                    Applicant                         Palm Lake Works Pty Ltd

                    Request Received On               2 October 2025


                    PROPERTY DETAILS

                    Property Address                  19 Trading Post Rd Cooroy Qld 4563

                    RP Description                    Lot 102 SP287641

                    Land Area                         12.13 Hectares

                    Existing Use of Land              Multiple housing


                    STATUTORY DETAILS

                    SEQRP Designation                 Urban footprint

                    Locality                          Cooroy

                    Zone                              Community facilities

                    Overlays                          Biodiversity, Waterways and Wetlands

                    Assessment Type                   Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval for landscaping.
               2.      BACKGROUND
               Council approved the development for a Material Change of Use of Premises – Multiple Housing
               Type 3 -Retirements and Special Needs in July 2016. Condition 8.1.7 and condition 9 required the
               provision of landscaping buffers to the road frontages.
               A development approval for an Operational Works-Landscaping permit was issued 1 February
               2017. A request to change to this approval was approved on 16 October 2019 which permitted the
               removal of vegetation along the Elm Street frontage which posed a threat to residents, as
               documented by a qualified arborist.

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Document Set ID: 24261127
Version: 7, Version Date: 17/12/2025
Full text of the other 7 pages

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               A further request to change this development approval for landscaping was received by Council
               on 2 October 2025. The requested change primarily relates to vegetation clearing along the Elm
               Street frontage to facilitate construction/remodelling of stormwater overland flow paths between
               the development and the formed road and address the issue of non-compliant landscaping buffer.
               The portions of non-compliant landscaping buffers include missing sections of landscaping to the
               Elm Street frontage.


               3.     ASSESSMENT
               Condition 1
               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 by 11/11/16
                                                 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

                         TP-08            A      Bioretention Basin 1 as annotated by 11/11/16
                                                 Council
                                                 Prepared by Hamilton Landscape Architects


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                         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

                         TP-11              A       Elm Street Landscape Plan Stage 1- Part A Undated
                                                    as annotated by Council
                                                    Prepared by Hamilton Landscape Architects

                         TP-12              A       Elm Street Landscape Plan Stage 1- Part B Undated
                                                    as annotated by Council
                                                    Prepared by Hamilton Landscape Architects


                                                    Arborist Report Palm Lakes Resort Cooroy 02             August
                                                    prepared by GTS Tree Logistics           2019


               Applicant’s Request
               The applicant seeks to amend the condition to update the Elm Street landscaping plans with new
               plans to reflect current conditions and include a new arborist report as the approved document.
               The applicant has provided civil drawings documenting the extent of works required to facilitate
               stormwater overland flow paths.
               The applicant states “TMR have provided a renewal to conditional approval TMR16-018981 to
               carry out the necessary drainage works along the boundary of Elm Street. The arborist impact
               assessment supports the removal of all trees existing where the swale is required to be reinstated.
               This will ensure that the swale works can be successfully completed and mitigate any future
               disturbance of the swale. Proposed replanting where the swale is located is in line with the
               arborist’s recommendations, refer to Appendix C for landscape drawings.
               There are additional trees outside of the swale that are in poor health and are recommended to be
               removed. The assessment outlines the trees of which are in Council’s jurisdiction, as well as the
               trees within TMR’s jurisdiction. TMR provided advice that they have no objection to the removal of
               vegetation within the road corridor that is impacting the property provided the relevant approvals
               are obtained from council. The landscape plans reflect the removal as such and provide proposed
               replacement species, refer to Appendix C.
               The amended landscape plans propose buffer planting along the boundary that is suitable for the
               constraints of the area. The proposed vegetation is inclusive of species that will grow to reasonable
               heights and do not have roots that will impact the existing acoustic fence. The chosen species also
               consider the drainage works to ensure that the swale won’t be impacted.”

               Assessment of Request
               It is considered reasonable to accept the findings of the arborist report and civil works required and
               support the change in landscaping plans. The proposed landscaping plans are generally
               acceptable and any non-compliant elements have been marked-up by Council to provide the
               required landscaping buffer to the Elm Street frontage.
               The revised landscape plans nominates a mix of ground cover (max height ~1m) within the
               landscape buffer between and including lots 142-146, 204, 205 and 212. Lots 17-139 propose tree
               removal, retention, and replacement plantings. It is considered the proposed vegetation will not
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Document Set ID: 24261127
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               achieve an adequate vegetated screen to buffer the acoustic fence in some sections. Additional
               species, including a selection of small trees and large shrubs are recommended to enhance visual
               amenity and natural landscape of the area and reduce the visual impact of the acoustic fence, in
               accordance with condition 2 of OPW16/0303, the higher order approval MCU15/0111 and Noosa
               Landscaping Code (9.4.5, Noosa Plan 2020).
               The proposed landscape plans have been marked up to ensure an adequate species mix and
               buffer planting to including large shrubs or trees at 1.5m centre intervals along Elm Street frontage
               (from lots 17-146, 204, 205 and 212). The species selection recommended by Council (as
               annotated on the revised landscape plans – drawing no. 213-001-CD003) are consistent with
               recommendations in the arborist report.
               It is recommended that an additional Condition 24 to be included in the approval to require a
               prestart meeting to ensure final species selection and placement are satisfactory to address
               matters outlined above.


               Condition 3
               2.     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:

                         TP-03              A       Elm Street Landscape Plan Stage 2- Part A Undated
                                                    as annotated by Council
                                                    Prepared by Hamilton Landscape Architects

                         TP-04              A       Elm Street Landscape Plan Stage 2- Part B Undated
                                                    as annotated by Council
                                                    Prepared by Hamilton Landscape Architects

                         TP-05              A       Elm Street Landscape Plan Stage 2- Part C Undated
                                                    as annotated by Council
                                                    Prepared by Hamilton Landscape Architects


               Applicant’s Request
               The applicant seeks to amend the condition to update the Elm Street landscaping plans with new
               plans to reflect current conditions and include a new arborist report as the approved document, as
               per rationale given for condition 1.


               Assessment of Request
               It is considered reasonable to accept the findings of the arborist report and civil works required and
               support the change in landscaping plans in principle. However, it is considered additional small
               tree and large shrub plantings should be required to ensure adequate screening of the fence along
               Elm Street. The proposed landscaping plans are generally acceptable and any non-compliant
               elements have been marked-up by Council to provide the required landscaping buffer to the Elm
               Street frontage, to achieve no gaps greater than 1.5m, between trees/large shrubs or as agreed to
               by Council.




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Document Set ID: 24261127
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               Condition 22
               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
               Applicant’s Request
               The applicant’s request “that the current 3 year on -maintenance period of 36 months for Elm Street
               Road and Elm Street Buffer plantings to be reduced to 1 year for the buffer plantings… Given the
               time between the completion of the original landscaping being approximately 7 years ago, an on-
               maintenance period of 1 year for the buffer planting seems far more reasonable than the current
               period.

               Assessment of Request
               The request for a 12 month maintenance period is consistent with Council’s standard maintenance
               period for street tree plantings, however the Elm Street buffer plantings are not similar to street
               tree plantings due to the mix of species, densities, mounding, mulching and maintenance required
               to successfully be established. The applicant has stated they had seven 7 years to establish and
               maintain this area in accordance with the approved plans and requirements of the higher order
               approval (MCU15/0111 condition 8.1.7 and condition 9), however this has not been achieved to
               date. For these reasons, the request is not supported.


               Applicant’s Request
               The applicant requests “a condition be added to the OPW that states in circumstances where trees
               are considered to be in poor health or dangerous, that” the applicant “can remove them with
               Council’s acceptance in writing. This will avoid the requirement for a further amendment to remove
               additional trees in the future for those that were not supported to be removed by the arborist.”


               Assessment of Request
               This request is supported where the trees pose a well-founded risk to life and/or property, with
               documentation from a qualified arborist (minimum level AQF 5). A suitable condition is provided
               below.


               Additional Condition 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 (minimum AQF Level 5), 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.




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Document Set ID: 24261127
Version: 7, Version Date: 17/12/2025

Page 6

               4.     CONCLUSION & REASONS FOR DECISION


               RECOMMENDATION
               With regard to Application No. OPW16/0303.02, to make a minor change to an existing approval
               for Operational Works - Landscaping situated at 19 Trading Post Rd Cooroy Qld 4563 described
               as Lot 102 SP287641, is provided in accordance with Section 63(5) of the Planning Act 2016,
               Council on 12 December 2025 decided to:
               A.     Approve the change in part and refuse the change in part.
               B.     Amend condition 1 and 3 to read as follows:
                      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

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Document Set ID: 24261127
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                                                 Prepared     by   Hamilton    Landscape
                                                 Architects

                         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



               Condition 3
               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

                                                                                               Page 7 of 8

Document Set ID: 24261127
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                         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


               C: Refuse to change condition 22(b) for the reasons:
                    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 & 25 to read as follows:
               Additional Condition 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
               Additional Condition 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.
               Include the following Advisory Note:
               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.




                                                                                                         Page 8 of 8

Document Set ID: 24261127
Version: 7, Version Date: 17/12/2025

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