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                      MINUTES


            Ordinary Meeting

         Thursday, 19 December 2019

                    commencing at 6pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                               19 DECEMBER 2019


1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Councillor T Wellington, Mayor
    Councillor F Wilkie, Deputy Mayor
    Councillor J Glasgow
    Councillor J Jurisevic
    Councillor B Stockwell

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    K Contini, Director Community Services
    K Coyle, Acting Director Environment & Sustainable Development
    D Iezzi, Director Executive Services
    C Billingham, Director Infrastructure Services

    APOLOGIES
    Councillor I Jackson

    The meeting commenced at 6.00pm.


2   CONFIRMATION OF MINUTES

    Council Resolution
    Moved:           Cr Jurisevic
    Seconded:        Cr Glasgow
    The Minutes of the Ordinary Meeting held on 21 November 2019 be received and confirmed.
                                                                      Carried unanimously.

    Council Resolution
    Moved:           Cr Stockwell
    Seconded:        Cr Wilkie
    The Minutes of the Special Meeting held on 28 November 2019 be received and confirmed.
                                                                      Carried unanimously.

    Council Resolution
    Moved:           Cr Glasgow
    Seconded:        Cr Jurisevic
    The Minutes of the Special Meeting held on 11 December 2019 be received and confirmed.
                                                                      Carried unanimously.

    Council Resolution
    Moved:           Cr Wilkie
    Seconded:        Cr Stockwell
    The Minutes of the Special Meeting held on 16 December 2019 be received and confirmed.
                                                                      Carried unanimously.


                                                                               Page 2 of 18

Section 3

ORDINARY MEETING MINUTES                                                      19 DECEMBER 2019


3   MAYORAL MINUTES

    Nil.




4   PETITIONS

    1      PETITION: REQUEST FOR PUBLIC TOILET FACILITIES TO SERVICE THE
           WOOROI MOUNTAIN BIKE TRAILS
           Council Resolution
           Moved:            Cr Stockwell
           Seconded:         Cr Wilkie
           That the petition tabled by Cr Stockwell requesting that Council provide public toilet
           facilities to service the Wooroi Mountain Bike Trails (Tewantin National Park) be received
           and referred to the Chief Executive Officer to determine appropriate action.
                                                                              Carried unanimously.




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                                                                                       Page 3 of 18

Section 4

ORDINARY MEETING MINUTES                                                        19 DECEMBER 2019


8    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 DECEMBER 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Nil.



The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.

Council Resolution
Moved:           Cr Stockwell
Seconded:        Cr Glasgow
The Planning & Environment Committee recommendations dated 10 December 2019 be adopted.
                                                                               Carried unanimously.



1    MCU18/0138 MATERIAL CHANGE OF USE - EDUCATION - TYPE 3 ADULT AT 64
     POINCIANA AVENUE AND 5 MOORINDIL STREET, TEWANTIN
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 10 December 2019 regarding Application No. MCU18/0138 for a
     Development Permit for Material Change of Use - Education - Type 3 Adult (University of the
     Third Age – U3A) situated at 64 Poinciana Avenue, Tewantin and:
     A.     Approve the application in accordance with the following conditions:
            PLANNING
            When Conditions must be Complied With
            1.   Unless otherwise stated, all conditions of this Decision Notice must be complied
                 with prior to the use commencing, and then compliance maintained at all times
                 while the use continues.
            Approved Plans
            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.

                    Plan No.    Rev.    Plan/Document Name

                    1           A       Top Floor North submitted to Council on 28.08.2018

                    2           A       Upper Floor South submitted to Council on 28.08.2018

                    3           A       Ground Floor North submitted to Council on 28.08.2018

                    4           A       Ground Floor South submitted to Council on 28.08.2018




                                                                                         Page 4 of 18

Section 5

ORDINARY MEETING MINUTES                                                    19 DECEMBER 2019


         Nature and Extent of Approved Use
         3.    A maximum of 57 persons are permitted on site at any time, consisting of:
               a.    50 students;
               b.    5 tutors; and
               c.    2 volunteer receptionists
         4.    The approved operating times are as follows:
               a.    Staff/Tutors on site Monday to Friday between 8.30am to 4pm; and
               b.    Students on site Monday to Friday after 9am
         Car Parking
         5.    A minimum of 12 car parking spaces must be provided and marked on the site,
               and made available and accessible at all times while the use is operating.
         6.    All car parking areas and access driveways must be maintained exclusively for
               vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
         Advertising Devices
         7.    Any advertising sign or device must comply with Council's policies on advertising.
         Sunset condition
         8.    This development permit lapses on 19 December 2024, unless written consent is
               provided by Council’s delegate to extend the approval. In assessing an extension
               to the approval, Council will have regard to the use’s impact on local on-street car
               parking and any other relevant matters.
    B.   Find the following matters relevant to the assessment and sufficient reason to approve
         the application:
         1.    The proposed use provides a highly valued community service and facility for the
               community and opportunities for social interaction for all members.
         2.    The site has not been used for residential purposes for a significant period of time
               as it was approved for Professional Offices in 1981.
         3.    The draft scheme proposes to re-zone the site to Community Facilities Zone
               (annotation 6 – Educational Establishment) under which the proposal would be a
               consistent use subject to code assessment.
    C.   That Council resolve that any future application fees to change or delete condition 8 will
         be waived.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


2   MCU19/0089 MATERIAL CHANGE OF USE - RETAIL BUSINESS TYPE 5 VEHICLE USES
    RETAIL BUSINESS TYPE 2 SHOP AND OPW19/0160 OPERATIONAL WORKS - SIGNAGE
    AT 52 - 54 MARY STREET, NOOSAVILLE
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0089 for a
    Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon,
    Retail Business - Type 5 Vehicle Uses & OPW19/0160 for Operational Works – Signage
    situated at 52 - 54 Mary St, Noosaville and:
    A.   Approve the application in accordance with the conditions contained in the Planning &
         Environment Committee Agenda dated 10 December 2019.


                                                                                     Page 5 of 18

Section 6

ORDINARY MEETING MINUTES                                                    19 DECEMBER 2019


    B.   Find the following matters relevant to the assessment and sufficient reason to approve
         the application:
         1.    The proposal will result in no significant additional impacts to the existing
               development;
         2.    The design solution for the proposed development is a substantial improvement to
               the visual amenity of the existing development and is in keeping with the scale,
               character and amenity of the surrounding area;
         3.    The proposed development is generally well located on the major road network
               and will continue to fill a service need for the community and visitors to the area.
    C.   Note that the report is provided in accordance with Section 63(5) of the Planning Act
         2016.



3   MCU19/0017 & RAL19/0004 - REPRESENTATIONS TO CONDITIONS - MATERIAL
    CHANGE OF USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2 MEDICAL,
    ANCILLARY DWELLING UNIT AND RECONFIGURATION OF A LOT - ACCESS
    EASEMENT AT 36 & 40 HOFMANN DR, NOOSAVILLE
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 10 December 2019 regarding representations made in relation to
    Application No. MCU19/0017 for a Development Permit for Material Change of Use - Ancillary
    Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical
    and RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing)
    situated at 36 & 40 Hofmann Dr, Noosaville and:
    A.   Agree to amend Condition 24 to read as follows:
         24.   Appropriate sight lines from the basement car park must be demonstrated with any
               operational works application and prior to the issue of any Operational works
               approval. The sight lines must be generally in accordance with the drawing titled
               Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-
               C, dated 12.09.2019 and AS/NZS2890.1:2004. Prior to the issue of the
               development approval for any operational works:
               a.   The survey plan for the required easements within the adjoining property (Lot
                    5 on SP264847) and the associated easement documents are to be
                    approved to confirm compliance with conditions by Council.
               b.   A written undertaking from the developer (solicitor or alternative acceptable
                    to Council) must be provided to Council that confirms that the easement
                    documents will be submitted with the State Titles Registry in conjunction with
                    the cadastral survey plan upon completion of the relevant civil works on the
                    site. The easements must be registered and copies of the registered
                    documents submitted to Council prior to the commencement of the approved
                    use. The easement documents must be registered within 30 days from the
                    date of the issue of the Operational Works approval.
    B.   Agree to delete Condition 34.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                     Page 6 of 18

Section 7

ORDINARY MEETING MINUTES                                                   19 DECEMBER 2019


4   MCU19/0030.01 - MINOR CHANGE APPLICATION FOR A MATERIAL CHANGE OF USE -
    MULTIPLE HOUSING - TYPE 4 CONVENTIONAL (3 UNITS) - 217 AND 219 GYMPIE
    TERRACE, NOOSAVILLE
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0030.01 to
    make a minor change to an existing approval for Multiple Housing - Type 4 Conventional (3
    Units) situated at 217 and 219 Gympie Terrace, Noosaville Qld 4566 and:
    A.   Approve the change.
    B.   Amend Condition 2 to read as follows:
         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.

                Plan No.        Rev.   Plan/Document Name                          Date

                C1.0            N/A    Site Plan                                   16/05/19

                C2.0            F      Basement                                    07/08/19

                C3.1            F      Level 1                                     07/08/19

                C3.2            D      Level 2                                     07/08/19

                C5.0            N/A    Level 3                                     16/05/19

                C6.0            F      Elevations                                  07/08/19

                C6.1            F      Elevations                                  07/08/19

                C7.0            N/A    Building Section – Terrace                  07/08/19

                C7.1            E      Building Section – Dining & Pool            07/08/19

                C60.0           F      Pool Details – Level 1 (Ground)             07/08/19

                C71.1           B      Stair Details (Fire Escape)                 07/08/19

                C71.2           N/A    Stair Details Perspective                   07/08/19

                C73.0           N/A    Pump House                                  07/08/19

                28292-C1.1      A      Preliminary Driveway Plan, as amended and   17/04//2019
                                       dated by SCG Consulting

                28292-OW5.2     A      Driveway Levels and Sections, prepared by   17/04//2019
                                       SCG Consulting

    C.   Amend Condition 17 to read as follows:
         17.   The development site must be landscaped. The works must be undertaken in
               accordance with an Operational Works approval and the Noosa Plan for that
               specific area. Landscaped planter boxes to extend along the length of the eastern
               and western façade of the building in accordance with Approved Plans
               MCU19/0030 Noosa Council 15 August 2019.



                                                                                    Page 7 of 18

Section 8

ORDINARY MEETING MINUTES                                                    19 DECEMBER 2019


    D.   Include the following additional conditions:
         Fire Pump
         46.   The diesel fire pump housing is to be of a muted tone, with signage of a contrasting
               colour and easily distinguishable.
         Meter Assembly
         47.   The outlet side of the meter assembly located in the north western corner of the lot
               must be setback 2 metres from the northern boundary.
    E.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5   NEW REPORTING REQUIREMENTS FOR INFRASTRUCTURE CHARGES AND TRUNK
    INFRASTRUCTURE
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 10 December 2019 advising of new reporting
    requirements for infrastructure charges and trunk infrastructure.


6   NOOSA BIOSPHERE RESERVE FOUNDATION - 2018/19 ANNUAL REPORT
    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
    due to the significance of the issue.




                                                                                     Page 8 of 18

Section 9

ORDINARY MEETING MINUTES                                                              19 DECEMBER 2019


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 DECEMBER 2019 – Crs Joe Jurisevic (Chair), Tony Wellington & Frank Wilkie
Apology: Cr Frank Pardon
Other Councillors in attendance: Nil.

4    NOOSA RIVER HOLIDAY PARK - FEES AND CHARGES / PROPOSED USER PAYS
     SYSTEM FOR ELECTRICITY CONSUMPTION
     Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009) due to his role as Group Leader of the Noosa Sea Scouts where he is
     involved in setting the fees and charges for another not for profit campground in the shire. Cr Stockwell
     believed that he could consider this item impartially and in the public interest and requested to remain
     in the meeting room to participate in the debate and vote on this matter.

     Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
     consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
     may participate in the meeting for the debate and vote on this matter or whether he must leave the
     meeting for the debate and vote on this matter.

     Council Resolution
     Moved:             Cr Glasgow
     Seconded:          Cr Wilkie
     That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
     represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
     room to participate in the debate and vote on this matter.
                                                                                       Carried unanimously.
     Cr Stockwell did not vote on the above motion.

     Council Resolution
     Moved:             Cr Wilkie
     Seconded:          Cr Jurisevic
     That Council note the report by the Property Manager to the Services & Organisation
     Committee Meeting dated 10 December 2019; and
     A.    Set fees and charges for the Noosa River Holiday Park to 30 June 2021 as detailed in
           Table 1 of this report; and
     B.    Note that a 2020/21 capital program budget submission will be made for the metered
           powerhead installation project (incorporated in the Zero Emissions Noosa Project
           Implementation budget submission); and
     C.    Note that subject to approval of the capital budget in the 2020/21 budget, a user pays
           electricity system for electricity consumption at the Noosa River Holiday Park will be
           implemented from 1 July 2021 (detailed as Option 3 in the report); with applicable fees
           and charges considered as part of the 2021/22 budget process.
                                                                                    Carried unanimously.




                                                                                                Page 9 of 18

Section 10

ORDINARY MEETING MINUTES                                                              19 DECEMBER 2019


5    BOREEN POINT CAMPGROUND FEES AND CHARGES
     Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
     Local Government Act 2009) due to his role as Group Leader of the Noosa Sea Scouts where he is
     involved in setting the fees and charges for another not for profit campground in the shire. Cr Stockwell
     believed that he could consider this item impartially and in the public interest and requested to remain
     in the meeting room to participate in the debate and vote on this matter.

     Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
     consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
     may participate in the meeting for the debate and vote on this matter or whether he must leave the
     meeting for the debate and vote on this matter.

     Council Resolution
     Moved:             Cr Wilkie
     Seconded:          Cr Glasgow
     That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
     represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
     room to participate in the debate and vote on this matter.
                                                                                       Carried unanimously.
     Cr Stockwell did not vote on the above motion.


     Council Resolution
     Moved:             Cr Wilkie
     Seconded:          Cr Jurisevic
     That Council note the report by the Property Advisor – Commercial Property to the Services &
     Organisation Committee Meeting dated 10 December 2019, and
     A.     Set fees and charges for the Boreen Point Campground to align with the cessation of the
            end of the July 2021 Queensland school holidays; and
     B.     Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
            for Boreen Point Campground for the period ending Monday 11 July 2021 as detailed in
            the tables contained within the report.
                                                                                    Carried unanimously.




The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.


Council Resolution
Moved:            Cr Glasgow
Seconded:         Cr Wilkie
The Services & Organisation Committee recommendations dated 10 December 2019 be adopted
except where dealt with or held over by separate resolution.
                                                                                    Carried unanimously.




                                                                                              Page 10 of 18

Section 11

ORDINARY MEETING MINUTES                                                    19 DECEMBER 2019


1   COUNCILLOR REPRESENTATION ON THE NOOSA CYCLING & WALKING STRATEGY
    AND THE NOOSA HIGH PRIORITY CYCLE CORRIDOR - PROJECT CONTROL GROUPS
    That Council note the report by the Infrastructure Planning, Design and Delivery Manager to
    the Services & Organisation Committee Meeting dated 10 December 2019 and appoint the
    following three Councillors, Cr Wellington, Cr Stockwell and Cr Wilkie as members of Noosa
    Cycling & Walking Strategy and Highest Priority Cycling Corridors – Project Control Group
    (PCG).

2   2019 KERBSIDE BULK WASTE COLLECTION
    That Council note the report by the Waste Coordinator to the Services & Organisation
    Committee Meeting dated 10 December 2019 providing an overview of the 2019 Kerbside Bulk
    Waste Collection Service and request a further report to Council to examine options for
    providing the service into the future.

3   COOROY BUTTER FACTORY MANAGEMENT UPDATE
    That Council note the report by the Acting Manager Libraries & Galleries to the Services &
    Organisation Committee Meeting dated 10 December 2019 and
    A.   Authorise the CEO to enter into an agreement with the Cooroy Future Group Inc to
         operate the Butter Factory for a further three-year period, commencing 1 January 2020.
         This agreement is to be in accordance with Council’s Community Leasing Policy and
         subject to continued satisfactory performance by the Group, reviewed on an annual
         basis;
    B.   Provide funding of $114,500 (ex GST) to the Cooroy Future Group Inc to support
         operations for the first year to December 2020 in line with the approach outlined in the
         Finance section of this report;
    C.   Refer future funding arrangements to the 2020/21 budget process; and
    D.   Extend congratulations to the Cooroy Future Group on their success thus far in operating
         the Butter Factory.

6   ORGANISATIONAL STRUCTURE
    That Council note the report by the Director Executive Services Department to the Services &
    Organisation Committee Meeting dated 10 December 2019 detailing the changes made to the
    organisational structure and position establishment since 28 June 2019 and approve the
    updated organisational structure provided at Attachment 2 to the report.

7   TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT EXTENSION
    That Services & Organisation Committee Agenda Item 7 be referred to the General Committee
    due to the significance of the issue.

8   2019 ANNUAL DISASTER AND RECOVERY MANAGEMENT UPDATE
    That Council note the report by the Project Officer, Disaster Management and Special Projects
    to the Services & Organisation Committee Meeting dated 10 December 2019 providing an
    update on disaster management activities and thank the members and advisors to the Noosa
    Local Disaster Management Group for their participation.

9   BUDGET WRAP UP
    That Council note the report by the Director Corporate Services to the Services & Organisation
    Committee Meeting dated 12 December 2019 providing a summary of Council’s financial
    performance against the 2018/19 budget.


                                                                                   Page 11 of 18

Section 12

ORDINARY MEETING MINUTES                                                     19 DECEMBER 2019


GENERAL COMMITTEE RECOMMENDATIONS
16 DECEMBER 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington


The following Recommendations from the General Committee were adopted without
discussion or further amendment.


Council Resolution
Moved:           Cr Jurisevic
Seconded:        Cr Stockwell
The General Committee recommendations dated 16 December 2019 be adopted.
                                                                            Carried unanimously.




1    NOOSA BIOSPHERE RESERVE FOUNDATION – 2018/19 ANNUAL REPORT
     That Council note the report by the Environmental Services Manager to the Planning &
     Environment Committee Meeting dated 10 December 2019 and note the 2018/19 Annual
     Report and audited Financial Statements received from the Noosa Biosphere Reserve
     Foundation as provided at Attachments 1 and 2 to the report and thank Mr Dick Barnes for his
     efforts in the Noosa Biosphere Reserve Foundation.



2    TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT EXTENSION
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 10 December 2019 regarding Tourism Noosa’s 2018/19 Annual
     Report and Funding Agreement and:
     1.     Note the Annual Report for the 2018/19 financial year (including the 2018/19 financial
            statements) as provided at Attachment 1 to the report; and
     2.     Agree to extend the existing Funding Agreement between Tourism Noosa and Council
            for a further two year period as currently provided for in Clause 2 of the Funding
            Agreement.



3    PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST 2ND ROUND
     OF CONSULTATION
     That Council note the report by the Principal Strategic Planner to the General Committee
     Meeting dated 16 December 2019 and resolve:
     A.     To make the following changes in response to submissions to the Administration and
            Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
            in tracked change extracts in Attachment 1:
            i.   amend the requirements for sandwich board / A-Frame signs to clarify that the
                 sandwich board / A-Frame must be placed on the property to which it refers, or
                 where this is not practically possible, immediately abutting the property on public
                 land;

                                                                                     Page 12 of 18

Section 13

ORDINARY MEETING MINUTES                                                       19 DECEMBER 2019


         ii.    remove the 2m clear pedestrian walkway requirement for sandwich board / A –
                Frame signs and instead state that clear pedestrian, wheelchair and pram access
                must be maintained at all times;
         iii.   clarify the wording for event directional signage to say that it must only be displayed
                on the days of the event and not more than 7 days prior to the event;
    B.   Having considered the content of a public interest test report in relation to anti-
         competitive provisions contained in each of Administration (Amendment) Local Law (No.
         1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate
         Local Law (No. 1) 2019, note the content of the public interest test report in Attachment
         2 and implement the recommendations of the public interest test report;
    C.   To proceed with the making of, and make, Administration (Amendment) Local Law (No.
         1) 2019 as altered in Attachment 3;
    D.   To proceed with the making of, and make, Administration and Other Subordinate Local
         Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4;
    E.   To note that each of Administration (Amendment) Local Law (No. 1) 2019 and
         Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
         (No. 1) 2019 contain anti-competitive provisions;
    F.   To bring forward the consolidated version of:
         a.     Local Law No. 1 (Administration) 2015;
         b.     Subordinate Local Law No. 1 (Administration) 2015; and
         c.     Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
                Roads) 2015;
         for adoption and commencement in early 2020 to enable the local law amendments to
         commence when the new Noosa Plan takes effect.



4   51987.2951.01 - PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M
    DESIGN & FOURTEEN ENTERPRISES) - MINOR CHANGE TO A DEVELOPMENT
    APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
    TERRACE, SUNSHINE BEACH
    That Council note the report by the Manager Development Assessment to the General
    Committee meeting dated 16 December 2019 regarding Planning & Environment Court Appeal
    No. 245 of 2019 and agree to settle the appeal generally in accordance with the following
    conditions:
    PLANNING
         When Conditions must be Complied With
    1.   This development approval for a minor change to Town Planning Consent (TPC1918)
         for a dwelling in a Sand Dune Problem Area, must be undertaken in accordance with the
         conditions of approval.
    2.   The applicant must provide a copy of this development approval to the private building
         certifier who assesses the subsequent development application for a development
         permit for building works for the construction of the pool and deck area.




                                                                                       Page 13 of 18

Section 14

ORDINARY MEETING MINUTES                                                      19 DECEMBER 2019


         Approved Plans
    3.   Development must be undertaken strictly in accordance with the approved plans listed
         in the following table unless otherwise amended by these conditions.
          Drawing No.       Rev.   Plan                                              Date
          2.1               C      Ground Floor – Demolition, prepared by M Design   18.09.18
          2.2               C      Ground Floor Proposed, prepared by M Design       18.09.18
          5.1               C      Sections, prepared by M Design                    18.09.18
          P1                A      Cover Page, prepared by Rienmac Pty Ltd           14.09.18
          Sheet 1 of 3
          P2                A      Pool Plan, prepared by Rienmac*                   14.09.18
          Sheet 2 of 3
          P3                A      Details, prepared by Rienmac*                     14.09.18
          Sheet 3 of 3

         *Note: The foundations are to be modified to comply with the Core Geotechnical
         Consultants report dated, September 2019 (ref J000867-003-R-Rev 0).
         Approved Documents
    4.   Development must be undertaken strictly in accordance with the approved documents
         listed in the following table unless otherwise amended by these conditions.
          Document
          M Design & Fourteen Enterprises Pty Ltd (Appellants v Noosa Shire Council (Respondent),
          Planning and Environment Appeal No.245 of 2019, Joint Expert Report dated 7 August 2019
          including all Attachments:
          Attachment 1
              Working Notes: M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire
                Council – 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek dated July 2019;
                and
          Attachment 2
              Geotechnical Report, proposed swimming pool 42 Seaview Terrace, Sunshine Beach,
                Updated in Response to Joint Information Request by Coastal Engineering Experts,
                prepared by Core Consultants Pty Ltd and dated 24 September 2019; and
          Attachment 3
              Core Consultants email advice of 27 September 2019; and
          Attachment 4
              Coastal Erosion Historic Assessments by Neil Collins

         Performance Bond
    5.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
         must be submitted to Council, to secure performance of all conditions of this approval,
         prior to the issue of a Development Permit for Building Works. The cash bond or trading
         bank guarantee will be returned on performance of the conditions of approval less any
         costs incurred by Council in respect of enforcing performance of this permit. Council
         reserves the right to call upon the bond or guaranteed sum to effect compliance with
         conditions.
         Landscaping
    6.   The existing trees, in particular the Pandanus tectorius located in the south east corner
         of the site must be retained as shown on the approved plan by M Design, Drawing No.
         2.1, Issue C, dated 18 September 2018.

                                                                                     Page 14 of 18

Section 15

ORDINARY MEETING MINUTES                                                        19 DECEMBER 2019


    7.    Existing vegetation in the road reserve must be retained, unless written authorisation
          from Council is granted for the clearing.
    8.    Trees to be retained must be protected from clearing or construction activities by:
          a.    clearly marking vegetation to be retained with flagging tape;
          b.    installing protective fencing around the drip line of the vegetation;
          c.    restricting stockpiling, storage and vehicle parking to those areas which are already
                cleared; and
          d.    using low impact construction techniques around vegetation.
          Earthworks
    9.    Earthworks required on site must be carried out in accordance with Council’s Planning
          Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
          ponding of water on any adjoining lands or concentrate or direct overland flow on to an
          adjoining property.
          Geotechnical Stability
    10.   All works must be carried out strictly in accordance with the geotechnical report prepared
          by Core Consultants Pty Ltd and dated 24 September 2019, including the following
          recommendations (which are the minimum specifications):
          10.1. piles are to be a minimum of 10m deep;
          10.2. pile arrangement number, arrangement and spacing and associated A frame
                structure and capping beams are to be, as a minimum, in accordance with Drawing
                Number P1001 entitled ‘A Frame for Slope Stabilisation General Arrangement’ and
                in accordance with Figure B4 entitled ‘Case 4; Piles Support’;
          10.3. grout columns are to be installed between the micro-piles to a minimum depth of
                10m to prevent all sand flow between the piles; and
          10.4. a minimum of 56 piles are required with 50 required under the eastern side of the
                pool.
    11.   All works associated with the construction of the pool are to be certified by a Registered
          Professional Engineer of Queensland (RPEQ) to ensure compliance with the
          geotechnical report prepared by Core Consultants Pty Ltd and dated 24 September
          2019, and the conditions of approval.
          Coastal Protection
    12.   To protect the coastal dune system, a mix of native endemic coastal vegetation
          consisting of ground covers, shrubs and trees must be planted for a width of 5m for the
          full length of the seaward boundary in accordance with Council’s Planning Scheme
          Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a
          minimum pot size of 200mm and must be planted at the following density:
          a.    trees must have a maximum spacing of 5m;
          b.    shrubs must have a maximum spacing of 2m; and
          c.    ground covers planted between the trees and shrub stems to provide a dense
                coverage.
    13.   An access gate or like device allowing access to the beachfront area is not permitted to
          be installed.




                                                                                        Page 15 of 18

Section 16

ORDINARY MEETING MINUTES                                                   19 DECEMBER 2019


5   NOOSA SPIT SHORELINE EROSION UPDATE - DECEMBER 2019
    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to
    the General Committee Meeting dated 16 December 2019 and
    A.   Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment 1
         to the report; and
    B.   Refer funding for the implementation of the first phase of the Noosa Spit Shoreline
         Erosion Management Plan for consideration in the 2020/21 financial year budget
         process.


6   FINANCIAL PERFORMANCE REPORT - NOVEMBER 2019
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 16 December 2019 outlining November 2019 year to date financial performance
    against budget, including key financial sustainability indicators.




                                                                                  Page 16 of 18

Section 17

ORDINARY MEETING MINUTES                                                                         19 DECEMBER 2019


9    ORDINARY MEETING REPORTS
     1                        COUNCILLOR VACANCY
     Document i nformati on




                              Council Resolution
                              Moved:            Cr Wilkie
                              Seconded:         Cr Glasgow
                              That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated
                              19 December 2019 and:
                              A.    Note the Councillor vacancy due to the automatic loss of office of former Cr Frank
                                    Pardon due to him being disqualified from holding office pursuant to section 154 of
                                    the Local Government Act;
                              B.    Resolve pursuant to section 163 (5) of the Local Government Act, not to fill the
                                    current Councillor vacancy due to the proximity of the March 2020 election;
                              C.    Appoint Cr Jurisevic to the Capital Works Executive and Cr Stockwell to the Cooroy
                                    Hinterland Playground Project External Working Group; and
                              D.    Note that the membership of the Services and Organisation Committee will be Cr
                                    Jurisevic (Chairperson), Cr Wilkie and Cr Wellington with the quorum of the
                                    Committee remaining as two Councillors.
                                                                                                Carried unanimously.


10   CLOSED SESSION

     Nil.


11   PUBLIC QUESTION TIME

     1                        BRIAN O’CONNOR
                              Question 1:
                              What is Noosa Council’s vision for Pomona, and the northern hinterland more generally,
                              in the areas of economic development and diversification, rural enterprise and nature-
                              based tourism?
                              Response by Kerri Coyle,           Acting Director      Environment & Sustainable
                              Development:
                              The current Local Economic Development Plan outlines the vision and plans for the
                              Noosa Shire and specifies 68 actions. A core principle of the Plan is diversification.

                              The Rural and Food sector is listed as a priority sector and multiple activities have been
                              completed or are underway. A rural and food sector profile was published in 2018, ‘A
                              Taste for Noosa’, Tourism Noosa has continued to expand the Noosa Country Drive
                              product and work is continuing on the Noosa Trail Network. Country Noosa, Slow Food
                              Noosa and the Food and Agribusiness Network (FAN) continue to be very active and
                              work collaboratively with Noosa Council teams.

                              The proposed New Noosa Plan includes a number of changes that support and enable
                              increased opportunities for nature-based tourism activity and accommodation. Pomona
                              and the Northern Hinterland is included as part of the listed activities and planning
                              changes.


                                                                                                         Page 17 of 18

Section 18

ORDINARY MEETING MINUTES                                                     19 DECEMBER 2019


          Question 2:
          What actions does the Council believe it should take, and in what timeframe, to bring
          about the vision?
          Response by Kerri Coyle,           Acting Director      Environment & Sustainable
          Development:
          The Local Economic Plan (LEP) and new Planning Scheme provisions are already
          contributing to a more sustainable, connected and active Hinterland. The LEP and
          associated 68 actions will be reviewed, beginning in 2020, providing an opportunity for
          considered input and comment.

          The new Planning Scheme introduces a placed based approach for Local Plan Areas
          including Hinterland villages such as Pomona. The Strategic framework states,

          “A place based approach to planning is intended to protect and preserve these unique,
          distinct and vibrant local areas. While the community of Noosa Shire shares many values
          and priorities, the on the ground approach to land use planning, infrastructure provision,
          urban design, community and economic development differs from place to place.”

          The 2020-21 Council budget will be an important contributor to Council achieving the
          economic vision of increased diversity across the Noosa Shire including the Hinterland.
          The recently announced expanded community consultation process will provide plenty
          of opportunity for comment and input. In addition, the budget also includes funding to
          develop and commence a place based process in early 2020 where Council will work
          with Local Areas and towns over the coming years to take a more localised planning
          approach.

          The Economic Development Manager and team are available to meet and discuss.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 16 January 2020 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 6pm.




13   MEETING CLOSURE

     The meeting closed at 6.15pm.




                                                                                     Page 18 of 18

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