Original source · versioned page text
2020-05-13 Special Meeting Minutes
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
MINUTES
Special Meeting
Wednesday, 13 May 2020
commencing at 11am
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 4 sections
Section 2
SPECIAL MEETING MINUTES 13 MAY 2020
PURPOSE OF MEETING
The purpose of the Special Meeting was to consider:
1. Proposed Road Resurfacing Work – Hastings Street and Claude Batten Drive, Noosa Heads;
2. 152006.1999.4 - Application for Minor Change to a Development Approval (52 Lots and Park)
at 191 Hollett Rd, Noosaville; and
3. MCU20/0028 & RAL20/0005 - Development Application for Material Change of Use
(Detached House) & Reconfiguring a Lot (1 into 2 lots) at 20 Mitti St, Noosa Heads.
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener (via video-conference)
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
K Rawlings, Director Environment & Sustainable Development
APOLOGIES
Nil.
The meeting commenced at 11.01am.
2 REPORTS
1 PROPOSED ROAD RESURFACING WORK - HASTINGS STREET AND CLAUDE
BATTEN DRIVE, NOOSA HEADS
Council Resolution
Moved: Cr Finzel
Seconded: Cr Wilkie
That Council note the report by the Technical Officer – Capital Planning and the
Manager Asset Planning to the Special Meeting dated 13 May 2020 and:
A. Approve the road resurfacing works for Claude Batten Drive and Hastings Street,
Noosa Heads as outlined in the report to ensure work can commence as soon
as practical;
B. Agree to bring forward the proposed funding allocation of $765,000 from the Draft
2020/21 Road Resurfacing Program to the 2019/20 Road Resurfacing Program;
and
C. Reduce the Draft 2020/21 Road Resurfacing Program budget allocation by
$765,000.
Carried unanimously.
Page 2 of 5
Section 3
SPECIAL MEETING MINUTES 13 MAY 2020
2 152006.1999.4 - APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT
APPROVAL TO RECONFIGURE A LOT (52 LOTS & PARK) AT 191 HOLLETT RD,
NOOSAVILLE
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Manager Development Assessment to the Special
Meeting dated 13 May 2020 and the Further Report to the Special Meeting dated 13
May 2020 regarding Application No. 152006.1999.4 to make a minor change to an
existing approval to Reconfigure a Lot (52 lots and park) situated at 191 Hollett Rd,
Noosaville and:
A. Refuse the application for the following reasons:
1. The proposed development conflicts with the South East Queensland
Regional Plan as the site is located in the Regional Landscape and Rural
Production area, in an area where the intent is to protect the landscape,
environmental values and capacity for rural production and where rural
settlement lots are not expected.
2. The proposed development conflicts with the requirements of Planning
Regulation 2017 as it is located in the Regional Landscape and Rural
Production Area and will result in the removal of koala habitat. The
proposed development would be prohibited development under the current
regulations.
3. The proposed development is inconsistent with the Noosa Plan’s Strategic
Framework as the proposed development will not conserve land for
agricultural purposes and will result in development inconsistent with the
rural character and amenity of the locality.
4. The proposed development is not consistent with the outcomes sought for
the site by the Tewantin and Doonan Locality Code, being located outside
the urban growth boundary, and on rural land intended to be protected and
managed to preserve the scenic and environmental values of the locality.
5. The proposed development fails to meet the Overall and Specific
Outcomes of the Biodiversity Overlay Code as the proposal will result in
the removal of significant vegetation, intrude into riparian buffers, and
remove koala habitat.
6. The proposed development does not satisfactorily address the risks to
people and property from bushfire and the proposed bushfire mitigation
measures will adversely impact on the site’s environmental values.
7. There is no need for the proposed development.
8. Changes are sought to conditions and the approval including conditions
concerning the timing of the development which are the subject of dispute
in other appeals.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
Page 3 of 5
Section 4
SPECIAL MEETING MINUTES 13 MAY 2020
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the meeting be closed to the public pursuant to section 275(1)(f) and (g) of the Local
Government Regulation 2012 for the purpose of discussing Special Meeting Agenda Item 3
– MCU20/0028 & RAL20/0005 – Development Application for Material Change of Use
(Detached House) & Reconfiguring a Lot (1 into 2 Lots) at 20 Mitti Street, Noosa Heads.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stockwell
That the meeting be re-opened to the public.
Carried unanimously.
3 MCU20/0028 & RAL20/0005 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE (DETACHED HOUSE) & RECONFIGURING A LOT (1 INTO 2
LOTS) AT 20 MITTI ST, NOOSA HEADS
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Manager Development Assessment to the Special
Meeting dated 13 May 2020 regarding Application No. MCU20/0028 & RAL20/0005 for
a Development Permit for Material Change of Use (Detached House) & Reconfiguring
a Lot (1 into 2 lots) situated at 20 Mitti St, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with The Noosa Plan’s Reconfiguring a Lot
Code as the proposed lots are not suitable for their intended use as they
do not contain house site areas 100% above the 1% AEP flood level with
lot 1 subject to significant flooding from an overland drainage path.
2. The proposed lots are not consistent with The Noosa Plan’s Noosa Heads
Locality Code as the proposal will not maintain the safety of people and will
not achieve a high level of residential amenity for residents given the
overland drainage path that traverses the property.
3. The proposed development will cause offsite flooding impacts contrary to
Overall Specific Outcome O2 of the Detached House Code and Specific
Outcomes O19 and O20 of the Reconfiguring a Lot Code.
4. The proposed reconfiguration will ultimately place more people within an
area which has a clear risk of flooding compromising people’s safety.
5. The proposed lots do not comply with The Noosa Plan’s Reconfiguring a
Lot Code and Noosa Heads Locality Code as the lots are located within
50m of Noosa National Park, which is mapped as having very high/high
values under the Biodiversity Assessment V4.1. Further the site is part of
a wetland complex that is in proximity to a record of endangered (Oxelyan
Pygmy Perch) and vulnerable (Honey Blue Eyes) aquatic species whose
range may include the development site.
Page 4 of 5
Section 5
SPECIAL MEETING MINUTES 13 MAY 2020
6. The proposed new dwelling house is fully located within a palustrine
wetland and is a groundwater dependent ecosystem and therefore is
inconsistent with the overall outcomes sought by the Detached House
Code (14.51.2 a) and h) as the land is not suitable for a detached house
and the proposal will adversely impact on the site and surrounding area’s
environmental values, including environmentally sensitive areas.
7. The proposed detached dwelling and second lot would increase the
potential development footprint and allowable site density, exacerbating
known impacts, and resulting in additional impacts on the amenity of the
locality contrary to Specific Outcome O26 of the Detached House Code.
8. The proposal is contrary to the draft Noosa Plan as it proposes to establish
a lot and house site within a groundwater dependant ecosystem which is
defined as an ecologically important area. Specifically:
a) The development fails to meet the outcomes of 9.4.8 Water Quality
and Drainage Code in that it does not protect ecology and
groundwater dependent ecosystems nor maintain fish passage.
b) The development proposes drainage lines and does not propose to
reinstate or revegetate disturbed areas and is therefore inconsistent
with specific outcomes in PO5.
c) The development is not designed to be located, designed,
constructed and operated to protect and enhance environmental
values and water quality of waterways, wetlands, lakes, ground
waters and drainage systems and therefore is inconsistent with
outcomes P06, 11, 12 and 13 relating to stormwater quality and
protection of receiving waters.
d) The development proposes new infrastructure excavation and fill in
a groundwater discharge zone and is therefore inconsistent with
outcomes AO13.1, 13.2.
e) As such the development fails to meet Overall Outcomes Coastal
Communities (7.2.6.2) as it is neither sited nor designed to protect
ecologically important areas and retain landscape elements.
B. Note the following are reasons for adopting this decision:
1. The Noosa Plan does not support the establishment of a separate allotment
within 50m of the National Park;
2. The proposed lot is flood affected;
3. The proposed development will cause offsite flooding impacts; and
4. The proposal does not comply with the outcomes of the Noosa Plan and
the draft New Noosa Plan.
For: Crs. Stockwell, Jurisevic, Wilkie, Lorentson, Finzel and Wegener
Against: Cr Stewart
Carried.
3 MEETING CLOSURE
The meeting closed at 1.21pm.
Page 5 of 5