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Delegated Report OPW25-0012 (As Paublished) · OPW25/0012
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Environment Officer
Development Assessment
APPLICATION DETAILS
Application No. OPW25/0012
Applicant Calile Malouf Investments P/L TTE
Proposal Operational Works - Clearing Vegetation under planning scheme
Properly Made Date 30 January 2025
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 21 August 2025
Report Reviewed & Mark Lewis – 8/07/2025
Finalised By
PROPERTY DETAILS
Property Address 3 Serenity Cl Noosa Heads Qld 4567
RP Description Lot 11 SP 195871, Lot 10 SP 335472
Land Area 11880.000 m²
1213.0000 m²
Existing Use of Land Vacant Land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Environmental Management and Conservation
Overlays Acid Sulfate Soils Biodiversity, Waterways and Wetlands
Bushfire Hazard Landslide Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for Operational Works - Clearing Vegetation under planning
scheme.
The locality and proposal plan are included below.
Document Set ID: 23876398
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Page 2
Figure 1 – Locality
Figure 2 – Site Plan
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2. APPLICATION BACKGROUND
The site is part of a master planned estate previously known as Settlers Cove, that was approved
in 2003 creating Residential High Density zoned lots in Serenity Close and dedicating
approximately 22 hectares of the site for conservation/ park purposes and construction of a public
jetty and access pathways. A resort application was approved in 2008 with Council agreeing to an
extension to the currency period in 2013 when a monetary offset in relation to koala trees was paid
and again in 2017 as the relevant planning scheme provisions had not changed.
An Other Change to a development approval for a Material Change of Use of premises – Resort
development comprising a Multiple dwelling. for a resort complex and shop was approved on the
17 October 2024 (decided by Council).
3. SITE DETAILS
3.1. Site Description
The site is located on the corner of Serenity Close and Banksia Avenue and consists of two lots
(10 and 11) with a total area of approximately 2.404ha. The lots are bounded by Serenity Close
to the north and west, Banksia Avenue to the east and a reserve for park and drainage to the south.
Under the Noosa Plan 2020 the site is mostly zoned Tourist Accommodation with an area at the
rear zoned Environmental Management and Conservation. Existing development on the site
consists of an estate sales and developer’s office fronting Banksia Avenue and informal cleared
parking areas.
3.2. Surrounding Land Uses
The surrounding area includes a broad range of residential uses, with development of low and
medium-density residential housing fronting Banksia Avenue and 3 to 4 storey multiple dwellings
built in Serenity Close.
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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 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
The following codes from the Noosa Plan 2020 are applicable to this development:
• Biodiversity, waterways and wetlands overlay
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Vegetation Clearing
The vegetation footprint proposed for clearing has been found to be in accordance with the
approved higher order development layout. This clearing footprint includes the basement extent,
construction works area, and individual trees that are required to be removed due to safety and
bushfire.
Vegetation Management
An arborist report has been prepared by the applicant that complies with the current development
approval 132008.176.05. Specifically, the arborist report addresses conditions 68 which required
the following:
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Prior to the commencement of works the applicant will be required to provide a bank guarantee in
accordance with higher order condition 69. A bond of $50,000 must be lodged as a security for
the protection of the trees identified for retention. See condition below.
Vegetation management on the site will include tree protection measures for retained trees and
include:
• Pre-construction clearing management measures
• Demolition phase
• Construction measures
• Compliance measures
• Post-construction management measures
The details of the vegetation removal and retention are depicted on the plans that form part of the
arborist report to be approved.
Protection works installed around trunks and branches where applicable will be undertaken in
accordance with AS 4970-2009 Protection of trees on development sites and in consultation with
the Project Arborist.
At the conclusion of the works, the project arborist is required to inspect the trees required to be
protected and recommend any pruning or tree surgery works required to ensure the health and
stability of the tree and reduce potential hazards for future users of the site in accordance with AS
4373- pruning of amenity trees.
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Fauna Management
A fauna management plan has been submitted as part of the application material that addresses
condition 72 of the Development Permit for Material Change of Use for Resort Complex and Shop
(132008.176.05) as well as condition 2 of the Referral agency response – with conditions issued
by the State Assessment and Referral Agency (SARA) on 26 October 2023 (SARA Ref: 2210-
31715 SRA).
Condition 72 requires specific fauna management requirements to occur in a particular order to
ensure the safety of fauna on the site in accordance with the following requirements:
• Nature Conservation Act 1992
• Department of Environment and Heritage Protection 2013- Code of Practise – Care of sick,
injured or orphaned protected animals in Queensland.
• Department of Environment and Science (2022). Koala-sensitive design guideline: A guide
to koala-sensitive design measures for planning and development activities.
• Queensland Code of Practice for the welfare of wild animals affected by land-clearing and
other habitat impacts and wildlife spotter/catcher
The fauna management plan had provided a summary of activities and management responses
that must be followed to ensure vegetation clearing is managed correctly, and that any fauna
observed on site is appropriately protected and managed. Procedures and actions include ensuring
that a Fauna Spotter is on site and managing the vegetation clearing activities, and that clearing is
occurring in a staged manner that allows fauna to move off site unimpeded.
The direction and sequences of clearing is proposed below:
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5. CONSULTATION
5.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
• Department of State Development, Infrastructure and Planning (SARA)
The Department is a referral agency for Schedule 10, part 10, Division 3, Subdivision 3, Table 1,
Item 1 (Planning Regulation 2017) – Development interfering with koala habitat in koala habitat
areas outside koala priority areas
The Department has responded on the 3 July 2025 advising approval with conditions.
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Planning Coordinator, Development Assessment
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 OPW25/0012 for Operational Works - Clearing Vegetation under
planning scheme situated at 3 Serenity Cl Noosa Heads Qld 4567 and described as Lot 11 SP
195871, Lot 10 SP 335472, it is recommended the application be approved in accordance with the
following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: OPW25/0012
Street address: 3 Serenity Cl Noosa Heads Qld 4567
Real property description: Lot 11 SP 195871, Lot 10 SP 335472
Planning Scheme: Noosa Plan 2020 (25 September 2020)
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.
4. ASSESSMENT MANAGER CONDITIONS
CURRENCY PERIOD
1. The Currency Period for this development approval lapses if the development has not
substantially started by 8/07/2027, unless an application to extend the currency period is
approved by Council.
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.
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Plan No. Rev. Plan/Document Name Date
- 1.0 Fauna Management Plan, prepared by 24/01/2025
Litoria Consulting
- 3.2 Arborist Report, prepared by, Litoria 20/05/2025
Consulting
PRIOR TO COMMENCEMENT OF WORKS
3. Prior to requesting a prestart meeting:
a. Tree protection fencing must be installed under the supervision of the Project Arborist.
(Refer to Retention of Existing Trees Conditions).
b. A condition report including photographs of the frontage of the site must be completed
and submitted to council at the prestart meeting / prior to any works commencing.
c. Certificates demonstrating currency of public liability insurance and works insurance
covering the works must be submitted to Council prior to the prestart meeting.
*(Refer to Advisory Note)
4. A Construction Management Plan must be submitted to Council prior to the pre-start meeting
and must specifically address the following:
a. Traffic Management during all aspects of the vegetation clearing phase including:
i. A Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe pedestrian access across the frontage of the site both during
daily construction and after daily construction has ceased
iii. Proposed fencing to the site during the construction phase of the development
iv. Adequate parking arrangements for construction workers
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures
c. Works programme identifying key components of the works and their respective
durations
d. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues
e. Include a post out to the local residents and businesses advising of the proposed
vegetation clearing works, the expected time frames and the site contact details
f. Include signage in prominent locations on the boundaries of the site advising of the
proposed development, the expected time frames and the site contact details.
g. identification of complaint management procedures including:
i. contact details for the on-site manager.
ii. dispute resolution procedures.
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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 works.
b. Fauna management works.
c. Other relevant parties.
DURING CONSTRUCTION
General
6. Where damage occurs to any Council asset as a result of the development works, it must be
repaired immediately where it creates a hazard that presents risk to person or property. Other
damage must be repaired prior to completion of works.
7. 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 Material Change of Use approval viz.
132008.176.05 to which this approval relates.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
Retention of Existing Trees and Vegetation
8. All trees and vegetation identified for retention must be protected in accordance with AS
4970, Protection of trees on development sites.
9. A qualified person * must be engaged for the duration of the works to:
a. Ensure works are carried out in accordance with the approved Arborist Report, version
3.2, dated 20 May 2025, prepared by Litoria Consulting.
b. Oversee installation of all tree protection fencing prior to commencement of any works
onsite (including any clearing).
c. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS 4970, Protection of trees on
development sites.
d. Oversee approved tree removal in proximity to retained trees.
e. Undertake a risk assessment of all trees within striking distance of the development
works and site and carry out hazard removal and amenity pruning in accordance with
AS 4373, Pruning of amenity trees.
*(Refer to Advisory Note)
Fauna Management
10. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the approved Fauna Management
Plan, dated 24 January 2025, prepared by Litoria Consulting; and 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).
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f. Manage the translocation of animals and recovery procedures in accordance with
relevant legislation.
g. Undertake protection works for mulching of any stockpiled vegetation.
*(Refer to Advisory Note)
11. 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. Allow for existing endemic ground flora to be translocated to suitable landscaping and
rehabilitation areas.
f. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
5. REFERENCE DOCUMENTS
Not Applicable
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Concurrence SARA at DILGP SARA Schedule 10, Part 10, The agency provided its
at DILGP Via MyDAS2 Division 3, Subdivision3, response on 3 July
at https://prod2.dev- Table 1, Item 1 (Planning 2025 (Reference No.
assess.qld.gov.au/suite Regulation 2017) 2506-46370 SRA). A
/ (for assistance, Development interfering copy of the response is
contact DILGP at 5352 with koala habitat in attached
9701 or koala habitat areas
email:SEQNorthSARA outside koala [email protected] areas
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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.
Prestart
2. Tree Protection Bond:
a. may be drawn upon by Council if:
i. the recommendations of the Arborist report are not implemented and,
ii. any trees identified for retention are damaged to the point where they cannot be
saved (as confirmed by the site Arborist and agreed in writing by Council).
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b. will be returned upon receiving certification from the site Arborist that all requirements
nominated in the Arborist report referenced within this Decision Notice have been
completed.
3. All tree retention and protection works must be carried out in accordance with methodology
and recommendations detailed in the Arborist report listed within this Decision Notice.
Retention of Existing Trees
4. 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.
Removal of Existing Trees and Vegetation
5. Stockpiling mulch to the appropriate volume and separation is required for fire mitigation as
well as optimum weed seed sterilisation.
Qualified Person
6. Qualified Person, for the purpose of:
a. 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.
b. Managing Fauna protection, preparing Fauna reporting and certification and
calculating compensatory habitat, 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.
Road Reserve Permit
7. This development permit provides the applicant with written authority to undertake the
development in accordance with the conditions. Any additional activities that are undertaken
inside Council’s road reserve for the purpose of acting on this development permit may
require a Road Reserve Permit. These additional activities may include, but are not limited
to, hoarding, pedestrian diversions, laneway closures, etc. To apply for a Road Reserve
Permit, or for more information, Contact Council’s Road Reserve Officer at
[email protected] Act 2014 – Fire Ant Control
8. 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
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
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10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Required Subject of the required Development Permit
Development Permit for Operational Works Road work, Stormwater, Drainage work,
Earthworks, Landscaping, Signage.
Development Permit for Building Works All building works.
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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