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2018-05-14 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   14 MAY 2018



GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
14 MAY 2018 – Crs. Frank Wilkie (Chair), Ingrid Jackson, Jess Glasgow, Joe Jurisevic,
Brian Stockwell and Tony Wellington.
Apology: Cr Frank Pardon


1    MCU17/0572 - DEVELOPMENT APPLICATION FOR A MCU FOR RETAIL BUSINESS
     TYPE 2 (SHOP & SALON) & RETAIL BUSINESS TYPE 5 - VEHICLE USES (SERVICE
     STATION) & OPW17/0611 DEVELOP. PERMIT FOR OPERATIONAL WORKS
     (ADVERTISING DEVICES) AT 175 EUMUNDI NOOSA RD, NOOSAVILLE
     Committee Recommendation
     Moved:             Cr Wellington
     Seconded:          Cr Jackson
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0572 for a
     Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon,
     Retail Business - Type 5 Vehicle Uses and OPW17/0611 for a Development Permit for
     Operational Works – Advertising Devices situated at 175 Eumundi Noosa Rd, Noosaville
     and defer the decision on this matter to the Ordinary Meeting to allow staff to provide
     further proposed conditions.
                                                                                    Carried.


2    MCU17/0546 - APPLICATION FOR MATERIAL CHANGE OF USE - HOME BASED
     BUSINESS - TYPE 3 SIGNIFICANT SCALE SITUATED AT 54 BORONIA ROAD,
     COOTHARABA
     Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to the applicant’s assistance with his election campaign. Cr Wilkie left
     the meeting room for the debate and decision on the matter.
     Procedural Motion
     Moved:             Cr Wellington
     Seconded:          Cr Jackson
     That Cr Jurisevic be appointed as Chair of the meeting for this item in Cr Wilkie’s absence.
                                                                                                    Carried.
     Motion
     Moved:             Cr Stockwell
     Seconded:          Cr Glasgow
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0546 for a
     Development Permit for Material Change of Use - Home Based Business - Type 3
     Significant Scale situated at 54 Boronia Rd, Cootharaba and defer the matter to a future
     Council meeting in order to seek;
     A.    Approve the application in accordance with the conditions contained in the Planning
           & Environment Committee Agenda dated 8 May 2018:


                                                                                              Page 1 of 7
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         14 MAY 2018


    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act
          2016.
    A.    An independent planning assessment of the application and officers’ report that
          considers the most appropriate land use definition for the proposed use including
          whether the use is more appropriately defined under The Noosa Plan as an industrial
          use or home based business; and
    B.    Legal advice as to the extent to which Council should consider the cumulative impact
          of both permitted, approved and unapproved uses on the site as part of this
          application.

    Amendment
    Moved:             Cr Wellington
    Seconded:          Cr Jurisevic
    That an additional item C be added to the motion to read:
    C.    Note that an appropriate building approval may need to be obtained for the shipping
          container currently on the site if the container is to remain in situ and that Council
          officers notify the owners of this requirement.
                                                                                        Carried.
    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Glasgow
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 8 May 2018 regarding Application No. MCU17/0546 for a
    Development Permit for Material Change of Use - Home Based Business - Type 3
    Significant Scale situated at 54 Boronia Rd, Cootharaba and defer the matter to a future
    Council meeting in order to seek;
    A.    An independent planning assessment of the application and officers’ report that
          considers the most appropriate land use definition for the proposed use including
          whether the use is more appropriately defined under The Noosa Plan as an industrial
          use or home based business; and
    B.    Legal advice as to the extent to which Council should consider the cumulative impact
          of both permitted, approved and unapproved uses on the site as part of this
          application.
    C.    Note that an appropriate building approval may need to be obtained for the shipping
          container currently on the site if the container is to remain in situ and that Council
          officers notify the owners of this requirement.


    Cr Jackson called for a division on the voting. The motion was Carried 3/2.
    For:        Crs. Jurisevic, Stockwell, Wellington
    Against:    Crs. Glasgow, Jackson

    Cr Wilkie returned to the meeting.




                                                                                    Page 2 of 7

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   14 MAY 2018


3   MCU12/0012.02 - CHANGE TO THE DEVELOPMENT APPROVAL FOR MATERIAL
    CHANGE OF USE (HOME BASED BUSINESS - TYPE 3 - SIGNIFICANT SCALE)
    SITUATED AT 298 TABLELANDS ROAD, COORAN
    Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to him being a submitter against the original application. Cr
    Wellington left the meeting room for the debate and decision on the matter.
    Cr Jackson declared a conflict of interest in this matter (as defined in section 173 of the Local
    Government Act 2009) due to her being a submitter on behalf of Noosa Parks Association against
    the 2015 application. Cr Jackson left the meeting room for the debate and decision on the matter.
    Committee Recommendation
    Moved:             Cr Jurisevic
    Seconded:          Cr Glasgow
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 8 May 2018 regarding Application No. MCU12/0012.02 to make
    a minor change to an existing approval for Material Change of Use – Home Based
    Business Type 3 (Quad Bikes) situated at 298 Tablelands Rd Cooran and:
    A.    Agree to delete Condition 16; and
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act
          2016.
                                                                                  Carried.
    Crs Wellington and Jackson returned to the meeting.


4   TOURISM NOOSA             2018-19      SPONSORED          EVENTS       -   TEMPORARY          PERMIT
    APPROVALS
    Committee Recommendation
    Moved:             Cr Wellington
    Seconded:          Cr Jackson
    That Council note the report by the Property Manager to the Services & Organisation
    Committee Meeting dated 8 May 2018 and approve the issuing of Temporary Event
    Permits for the events detailed in Attachment 1 to the report.
    A.    Note the list of events provided by Tourism Noosa proposed for conditional
          sponsorship in Attachment 1 to this report to 31 July 2019 which is a requirement of
          the funding agreement between Council and Tourism Noosa; and
    B.    Provide in-principle approval of those events not taking place on Main Beach, and
          provide in-principle approval of those events on Main Beach that require the beach or
          water as a core element, subject to each event submitting a Temporary Event
          Application, satisfactory assessment and provision of appropriate permit conditions to
          manage each event; and
    C.    Not provide in-principle approval for Noosa Food & Wine Festival 2019 and Noosa
          Alive 2019 on Main Beach, but instead consider these events at a later date, most
          particularly following assessment of this year’s Noosa Food & Wine and Noosa Alive
          events, and also following further discussions with the event operators about
          alternative sites for those events in 2019.



                                                                                              Page 3 of 7

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      14 MAY 2018


    Amendment
    Moved:           Cr Jurisevic
    That item C of the motion be deleted and item B of the motion be amended to read:
    B.   Provide in-principle approval of events subject to each event submitting a Temporary
         Event Application, satisfactory assessment and provision of appropriate permit
         conditions to manage each event; and

    The Chair determined that this proposed Amendment directly negates the motion and
    therefore could not be put.



5   SIX MILE CREEK FLOOD STUDY COMPLETION
    Refer to Further Report at Item 6


6   FURTHER REPORT - SIX MILE CREEK FLOOD STUDY COMPLETION
    Committee Recommendation
    Moved:           Cr Wellington
    Seconded:        Cr Wilkie
    That Council note the report by the Project Coordinator – Flooding, Coastal and
    Foreshores to the to the Services and Organisation Committee Meeting dated 8 May 2018
    and the Further Report to General Committee Meeting dated 14 May 2018 and note the
    Lake Macdonald Drive Community Reference Group Investigations Report October 2017
    provided as Attachment 1 to the Report.
                                                                                  Carried.

7   1718T050 - MARY RIVER ROAD BRIDGE REPLACEMENT - TENDER AWARD
    Committee Recommendation
    Moved:           Cr Wellington
    Seconded:        Cr Jurisevic
    That Council note the report by the Project Coordinator to the General Committee Meeting
    dated 14 May 2018 and award tender 1718T050 for the Mary River Road Bridge
    replacement situated in Cooroy to ARK Construction Group for the lump sum price of
    $1,495,399 (excluding GST).
                                                                                    Carried.




                                                                                 Page 4 of 7

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                        14 MAY 2018


8    1718T068 - OLD NOOSA ROAD BRIDGE REPLACEMENT - TENDER AWARD
     Committee Recommendation
     Moved:          Cr Stockwell
     Seconded:       Cr Jurisevic
     That Council note the report by the Project Coordinator to the General Committee Meeting
     dated 14 May 2018 and award tender 1718T068 for the Design and Construction of the Old
     Noosa Road Bridge replacement situated in Cooran to Casa Engineering for the lump sum
     price of $1,232,486 (excluding GST).
                                                                                     Carried.


9    CONTRIBUTIONS IN LIEU OF THE PROVISION OF ONSITE CARPARKING
     Committee Recommendation
     Moved:          Cr Jackson
     Seconded:       Cr Jurisevic
     That Council note the report by the Planning Scheme Project Manager to the General
     Committee Meeting dated 14 May 2018 and
     A.   Adopt the ‘Contributions in Lieu of the Provision of Onsite Car Parking’ Policy as
          provided at Attachment 1, and pursuant to section 97(1) of the Local Government Act
          2009, fix for the 2017/18 financial year, the costs recovery fees for Car parking
          Contributions under the ‘Contributions in Lieu of Provisions of Onsite Car Parking
          Policy’ as provided at Appendix 1 of the Policy; and
     B.   Authorise the Manager Development Assessment to implement the policy in parallel
          with the assessment of development applications under the planning scheme in force
          for Noosa Shire.
                                                                                   Carried.


10   1718T126 NOOSA AQUATIC CENTRE CAFE LEASE - TENDER ACCEPTANCE
     Committee Recommendation
     Moved:          Cr Stockwell
     Seconded:       Cr Glasgow
     That Council note the report by the Noosa Aquatic Centre (NAC) Coordinator to the
     General Committee meeting dated 14 May 2018 and:
     A.   Agree to enter into a commercial lease of the NAC café (agreement 1718T126) with
          White-Lille Pty Ltd for an initial term of two (2) years, commencing 1 July 2018; and
     B.   Authorise the CEO to award up to three (3) subsequent lease options of twelve (12)
          months each at Council’s own discretion and subject to the Contractor’s
          demonstrated ability to meet the requirements of the lease agreement.
                                                                                   Carried.




                                                                                   Page 5 of 7

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                           14 MAY 2018


11   NOOSAVILLE FORESHORE LAND USE MASTER PLAN - FINAL CONSULTATION
     OUTCOMES AND AMENDED PLAN
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Wellington
     That Council note the report by the Property Advisor to the General Committee Meeting
     dated 14 May 2018 and:
     A.   Adopt the Noosaville Foreshore Land Use Master Plan dated May 2018, as provided
          at Attachment 2 to the report;
     B.   Authorise the CEO to write to the Department of Natural Resources, Mines and
          Energy to seek endorsement of the adopted Foreshore Plan as a Land Management
          Plan for the foreshore reserves in accordance with the provisions of the Land Act
          1994;
     C.   Request the CEO write to the Department of Transport and Main Roads to advise the
          adopted Foreshore Plan does not support creation of a new boat ramp and trailer
          carpark in Chaplin Park but that Council wishes to assist the Department to identify
          opportunities for new or improved recreational boating facilities elsewhere along
          Noosa River;
     D.   Agree to include provisions in Noosa’s new draft planning scheme allowing a single
          small-scale retail food and drink outlet (kiosk) within each commercial jetty leases, as
          detailed in the adopted Foreshore Plan;
     E.   Propose to create a new dog off-leash area in the western portion of Chaplin Park,
          initially as a 12 month trial, as described in the adopted Foreshore Plan and request
          the CEO progress the necessary amendments to Noosa’s Subordinate Local Law 2
          (Animal Management) in accordance with Council’s Local Law Making Process,
          which prescribes further public consultation;
     F.   Agree to undertake ongoing compliance inspections in relation to commercial use of
          the recreation reserves to ensure uses are lawful and accord with the adopted
          Foreshore Plan;
     G.   Agree to consider a future feasibility study for the establishment of a multi-use water
          sports facility based at the Noosa Yacht and Rowing Club;
     H.   Agree to further investigate opportunity and need for new infrastructure identified in
          the Foreshore Plan, specifically:
               A multi-use roofed structure for a range of events within the eastern portion of
                 Chaplin Park;
               Pathway and recreational infrastructure within Chaplin Park to facilitate
                 improved public access and passive recreational use; and
               Additional public toilets between the existing amenities in the vicinity of Lions
                 and Ely Parks;
     I.   Advise Noosa Waterfront Restaurant its request for ongoing use of reserve land for
          commercial functions is not supported, however, wedding ceremonies will continue to
          be allowed; and
     J.   Request the CEO write to key interest groups and businesses to advise of the
          finalisation of the Foreshore Plan and thanking them for their involvement.
                                                                                      Carried.


                                                                                     Page 6 of 7

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      14 MAY 2018


12   FINANCIAL PERFORMANCE REPORT - APRIL 2018
     Committee Recommendation
     Moved:          Cr Wilkie
     Seconded:       Cr Glasgow
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 14 May 2018 outlining April year to date financial performance against
     budget.
                                                                                   Carried.




                                                                                Page 7 of 7

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