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2014-10-14 Planning & Organisation Committee Agenda - Pages 1 - 50
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AGENDA
Planning & Organisation
Committee Meeting
Tuesday, 14 October 2014
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
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Full text of the other 49 sections
Section 2
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS 3
Building & Plumbing Services 3
1 WASTE WATER FACILITY AUDIT PROGRAM 3
DA Planning & Environment 6
2 REQUEST TO CHANGE A CONDITION OF EXISTING APPROVAL FOR A
MATERIAL CHANGE OF USE AND RECONFIGURING A LOT FOR 174
DETACHED HOUSING LOTS AT GREENWOOD GROVE, GARNET ST COOROY
-132004.240018.A 6
3 REQUEST TO EXTEND THE RELEVANT PERIOD FOR A DEVELOPMENT
PERMIT FOR A MATERIAL CHANGE OF USE - PROFESSIONAL OFFICE,
SITUATED AT 91-93 POINCIANA AVENUE, TEWANTIN - 132005.2123.04 19
4 TENURE OF LAND PURCHASED WITH THE ENVIRONMENT LEVY 27
CORPORATE SERVICES DEPARTMENT REPORTS 34
5 CORPORATE SERVICES DEPARTMENT UPDATE 34
6 WASTE MANAGEMENT FEES AND CHARGES AMENDMENTS 39
Property and Facilities 42
7 NOOSA HEADS SURF LIFESAVING CLUB - PROPOSED LEASE TO
COMMENCE OPERATIONS AT PEREGIAN BEACH 42
8 STREET PERFORMANCE POLICY 45
EXECUTIVE OFFICE REPORTS 51
9 EUMUNDI DOONAN VERRIERDALE - REQUEST FROM THE EDV RESIDENTS
GROUP INC IN RELATION TO A PROPOSED BOUNDARY CHANGE 51
10 EXECUTIVE OFFICE UPDATE 110
11 COUNCIL MEETING SCHEDULE 2015 115
CLOSED SESSION -
Page 2 of 117
Section 3
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
PLANNING & INFRASTRUCTURE DEPARTMENT REPORTS
(Planning & Development Sections only)
Building & Plumbing Services
1 WASTE WATER FACILITY AUDIT PROGRAM
DOCUMENT INFORM AT ION
Author Building and Plumbing Manager, Allan Hazell
Planning & Infrastructure Department
Index ECM / Subject / Plumbing Management / Legislation
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Building and Plumbing Services Manager to the Planning and
Organisation Committee Meeting dated 14 October 2014 and endorse the proposed waste water
facility audit program to include site specific testing of existing waste water facilities within Noosa
Shire.
REPORT
The purpose of this report is to seek the endorsement of Council to revise the existing waste
water facilities audit program for the inclusion of site specific testing of domestic waste water
facilities.
Background
Council is legislatively obligated to administer and maintain a register of Council approved waste
water facilities and all servicing requirements of primary, secondary and advanced waste water
systems within its boundaries. This obligation may require Council to enforce actions for
rectification of systems and in some cases consider prosecution to ensure that a high level of
health and safety standards are maintained and illegal discharge of effluent is prevented thus
protecting the waterways, flora and fauna of the Shire.
To date, the register includes 3,109 septic installations, 2,161 secondary/ advanced waste water
systems and 86 holding tank waste water systems. Council receives and processes 8,000
service reports from service agents and undertakes an average 100 site inspections annually.
Council currently has in place a program to register and manage complaints received to ensure
that servicing requirements of these systems are undertaken.
Page 3 of 117
Section 4
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Structure of On-site Waste Water Facility Audit Program
The existing waste water facilities audit program allows for Council officers to undertake a desk
top study of received service reports and investigate issues related to these reports.
The inclusion of a whole of Shire site specific testing regime will help Council and system owners
in identifying potential failing systems and/or misleading documentation related to system
performance. Service agents reports will be analysed and an on-site audit of the waste water
facility and disposal area will be performed to determine if the service agent reports are accurate.
Council officers will also determine if test samples should be sent for further detailed analysis to a
National Association of Testing Authorities (NATA) laboratory in order to provide robust scientific
evidence in the event that further enforcement or rectification actions are required.
Estimated Costing of Program Testing
The current legislation does not directly provide for a full cost recovery fee for this service,
however, Council has approved a one off fee of $174 for all new non-sewered plumbing
applications for the 2014/2015 year. This fee is to cover the costs of undertaking the registration
and complaint enquiries including site inspections for the existing program. Existing resources
and a portion of the one off fee will be utilised to cover initial testing fees and the cost of the
proposed additional testing.
Council officers have estimated that 50 detailed analysis tests may need to be submitted to a
NATA approved laboratory at $417 per request.
Other options including using new software applications and equipment are being tested which, if
successful, will considerably reduce the overall cost of the program.
Previous Council Consideration
Nil.
Finance & Risk
Consultation with Corporate Services has identified that additional expenditure of $10,000 within
the building and plumbing budget will be required for the initial set up of the proposed program
with further investigation required into the viability of reducing ongoing cost with the proposed
iPhone testing system. This will be submitted as part of the Budget Review 2 process.
Consultation
External Consultation - Community & Stakeholder
Discussions have been entered into with a number of local service agents and contractors in
relation to the benefits of undertaking testing of existing systems and the utilisation of electronic
submission of service reports.
Contractor’s comments include:
A number of local contractors have requested Council to organise a public contractors
meeting to discuss how we move forward together;
Contractors requested support by Council to enforce service requirements.
Page 4 of 117
Section 5
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Internal Consultation
Consultation with Corporate Services management team in regards to forecast budget revenue
and expenditure.
Departments/Sections Consulted:
Community Services X Planning & Infrastructure
Disaster Management & Public Order X Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 5 of 117
Section 6
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
DA Planning & Environment
2 REQUEST TO CHANGE A CONDITION OF EXISTING APPROVAL FOR A MATERIAL
CHANGE OF USE AND RECONFIGURING A LOT FOR 174 DETACHED HOUSING
LOTS AT GREENWOOD GROVE, GARNET ST COOROY -132004.240018.A
DOCUMENT INFORM AT ION
Author Senior Development Planner, Denis Wallace
Planning & Infrastructure Department
Index ECM / Application / 132004.240018.A
Attachments 1. Hydraulic Assessment - Peak Flood Level Impact Maps
APPLICATION DETAILS
Applicant PEET No.90 Pty Ltd
C/- THG Resource Strategists
Proposal Change to a Condition of Approval
Application Made Date 29 August 2014
PROPERTY DETAILS
Property Address Originally 47 Pine St, 99 Garnet St & 32 Ashgrove St, Cooroy
RP Description Originally Lot 2 RP111730, Lot 2 SP156389 & Lot 24 SP148814
Land Area 25.63ha
Existing Use of Land Detached Housing / Parkland / Vacant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Cooroy & Lake Macdonald
Zone Detached Housing
Assessment Type Change to Existing Approval
Page 6 of 117
Section 7
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Organisation
Committee Meeting dated 14 October 2014 regarding a request to change existing approval
132004.240018 and approve a change to Condition 65.1.2 as follows:
Condition 65.1.2
The remaining section of Garnet Street extending from the Pine Street intersection (and
excluding the section to be upgraded to an external Urban Collector Road) to approximately
inline with the eastern boundary of Lot 189 on MCH 976 shall be upgraded to an External Rural
Distributor Road. The upgrading of Garnet Street shall also be designed to enable flood free
access to the site during a 1 in 2 year Average Recurrence Interval (ARI) flood event with a
maximum trafficable depth of 200mm for a 1 in 10 year ARI flood event and with the product of
flow depth and velocity being less than 0.4m2/s. This part of the road must be completed prior to
the sealing of the survey plan for Stage 3 or any other subsequent stage of the development,
unless an alternative agreement is entered into by the Developer and Council by way of an
Infrastructure Agreement.
REPORT
1. PROPOSAL
The application seeks a change to a condition of an existing development approval for a Material
Change of Use and Reconfiguring a Lot for 174 detached housing lots, known as Greenwood
Grove estate. The requested change is to condition 65.1.2 relating to the upgrade to Garnet
Street, which is the primary access road to the estate. The condition was reflective of the
planning scheme standards at the time and requires upgrades to Garnet Street to achieve:
Flood free access to the site during a 1 in 10 year ARI flood event; and
A maximum trafficable water depth of 300mm for a 1 in 100 year ARI flood event.
The applicant submits that these levels of flood immunity and trafficability are unfeasible and
requests the condition be amended to reflect achievable levels.
2. SITE DETAILS
2.1. Application Background
On 25 May 2006 Council granted approval for a Material Change of Use of Premises and
Reconfiguration of a Lot for the 174 lot staged subdivision at Greenwood Grove in Cooroy. A
Negotiated Decision Notice was subsequently issued on the 7 September 2006.
In May and November 2008 Council agreed to requests to amend conditions 65.1.1, 65.1.2,
65.1.3 (Upgrading Garnett & Pine Streets) & 132 (Service Easements). The changes to
condition 65 allowed aspects of the road upgrades to be delayed until prior to the completion of
stages 3 and 5 of the subdivision.
In June 2010 Council agreed to extend the relevant period to 2014, with a corresponding change
to Condition 4. Council has since confirmed that the approved use has commenced and the
approval will not lapse.
In November 2010 Council refused a request to change Condition 65.1.3 to allow a partial
monetary contribution in lieu of completing the road upgrade works to Garnet Street. Council’s
grounds for the refusal were:
The upgrade to Garnet Street is required to service the approved residential development;
and
A payment of a contribution in lieu is unsatisfactory, as the road upgrade must be completed
prior to the creation of further residential allotments accessed via Garnet Street.
Page 7 of 117
Section 8
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
In April 2011 Council agreed to a request to further change conditions 65.1.2 and 65.1.3 to allow
an alternate option of entering an Infrastructure Agreement addressing the road upgrade. An
Agreement was subsequently executed allowing the road upgrade to be delayed until prior to the
completion of stage 4 of the development and an insurance bond for 150% of the value of the
works ($2,840,931) is held by Council to secure the works. The Infrastructure Agreement is
currently valid until 30 June 2015 but can be extended by agreement.
2.2. Background and Status of Garnet Street Upgrade
The design of the eastern portion of the Garnet Street upgrade works had a protracted and
complicated background. The applicant commenced the design in 2007 and encountered major
difficulties in obtaining State approvals associated with the creek crossing, including those
relating to watercourse works, fish passage, vegetation clearing and a parcel of unallocated State
land adjacent to the road reserve.
The western portion of the Garnet Street upgrade was completed in 2008 prior to release of the
stage 1 lots. Due to the difficulties with the creek crossing the applicant constructed temporary
widening of the sealed surface in order for Council to release Stage 3 of the development. The
final construction of the works is pending the approval of the creek crossing design.
The design of the culvert works was not completed until 2012. The submitted design included
engineering certification that stated the design modelling allowed for blockage (by logs, debris
and the like). However, detailed investigation by Council’s consulting hydrologist showed no
blockage factor had been included. When applying a blockage allowance, the submitted design
did not meet the conditioned flood immunity and trafficability requirements.
During 2013/14 Council completed its revised flood model for Cooroy. The applicant was advised
to amend its design for the road upgrade to allow for an appropriate level of blockage and use
the latest flood model.
2.3. Site Description
Greenwood Grove residential estate was originally approved over 3 lots totalling 25.6ha on the
western fringe of Cooroy. The first 3 stages of the development (66 lots) have been completed
and are accessed via a new road within the development, Straker Drive. The site is shown
highlighted on the map and aerial photograph below.
Page 8 of 117
Section 9
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Figure 1 - Site Map
Figure 2 – Aerial Photograph
Page 9 of 117
Section 10
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
The site is bounded by the Bruce Highway to the southwest and adjacent a mix of Rural
Residential and Detached Housing zoned allotments to the northwest and northeast. Garnet
Street provides the primary access to the site and links directly to Cooroy’s business centre. The
street crosses Cooroy Creek at roughly its midpoint, with the creek crossing currently via low-
level culverts. Garnet Street also forms part of Council’s newly constructed heavy vehicle bypass,
which now links Garnet Street to Mary River Road to the west of Cooroy Creek.
3. STATUTORY PROCESS
The applicant has requested a change to a development approval under s369 of the Sustainable
Planning Act 2009. A request to change a development approval under s369 can only be made
in circumstances where that change would constitute a ‘permissible change’.
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change on the grounds that:
The change is to a condition of approval only and would not result in a substantially
different development;
The change would not require the application to be referred to additional concurrence
agencies;
The original application was impact assessable and the change to the condition would not
likely cause a person to make a properly made submission, as the proposed change will
still require a significant level of road upgrade and the existing condition has been shown to
be unachievable. As such, the proposed changes do not raise new issues, facts or
circumstances but seek to address those that existed at the time of the approval (reference
is made to the judgement in Cleveland Power Pty Ltd v Redland City Council & Ors [2013]);
and
The change would not cause the approval to involve prohibited development.
4. ASSESSMENT
Details and assessment of the requested change to the condition are provided below.
Condition 65.1.2 – Upgrade to Garnet Street
The existing condition reads:
65.1.2 The remaining section of Garnet Street extending from the Pine Street intersection (and
excluding the section to be upgraded to an external Urban Collector Road) to
approximately inline with the eastern boundary of Lot 189 on MCH 976 shall be upgraded
to an External Rural Distributor Road. The upgrading of Garnet Street shall also be
designed to enable flood free access to the site during a 1 in 10 year Average Recurrence
Interval (ARI) flood event with a maximum trafficable depth of 300mm for a 1 in 100 year
ARI flood event and with the product of flow depth and velocity being less than 0.4m 2/s.
This part of the road must be completed prior to the sealing of the survey plan for Stage 3
or any other subsequent stage of the development, unless an alternative agreement is
entered into by the Developer and Council by way of an Infrastructure Agreement.
Applicant’s Request
Further to the previously provided Hydrology and Water report (2014) titled "Garnet Street
Culvert Upgrade Hydraulic Assessment" the information below is provided to support the
application to amend the current conditions of approval.
Constraints associated with compliance with Current Approval Conditions
The current approval conditions in relation to the Greenwood Grove estate require the upgrade of
Garnet Street (Cooroy Creek crossing) to provide full immunity in a 10% Annual Exceedance
Probability (AEP) rainfall event and be safely trafficable during the 1%AEP rainfall event.
Page 10 of 117
Section 11
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
After detailed modelling and consideration of road geometry and drainage elements, the following
constraints limit the ability to achieve compliance with the condition:
1. Garnet Street in its existing formation provides flood mitigation. Alteration of road levels
and pipe culvert configuration must ensure non-worsening both upstream and downstream
of Garnet Street.
2. The ability to raise Garnet Street in combination with increased culverts to achieve the
desired immunity has limitations in the form of:-
a. Maintaining the sag point at Cooroy Creek
b. Earthworks / embankment extents to be maintained within the road reserve
c. Close proximity of Cooroy Creek immediately adjacent to the road reserve (bend
upstream)
d. Changing existing overland flow paths and
e. Impact on adjoining private properties.
The most recent design (Refer updated Civil Drawings) proposes to raise Garnet Street to what
is considered to be the maximum levels without changing or exceeding the above mentioned
limitations.
Given these constraints and limitations, configuration and sizing of culverts has been determined
to limit non-worsening of upstream and downstream conditions.
Current Inundation Times and Levels
The Hydrology and Water report (2014) titled "Garnet Street Culvert Upgrade Hydraulic
Assessment" indicates that currently Garnet Street experiences the following time of inundation
and flow depths:-
Table 1- Current Inundation Times & Peak Flow Depths
Event Inundation time Peak Flow Depth (over Road)
2-Year ARI event (39% AEP) 6 hours 0.5m
10-Year ARI (10% AEP) 12 hours, 20 minutes 0.8m
100 Year ARI (1%AEP) 21 hours 1.0m
Currently Garnet Street is not trafficable during any of these rainfall events and is inundated for
extended periods of time.
The most recent design being proposed and referenced in the Hydrology and Water report
(2014) titled "Garnet Street Culvert Upgrade Hydraulic Assessment" indicates significant
improvement of times of inundation and peak flood depths. Refer Table 2 below.
Table 2 - Proposed Inundation Times & Peak Flow Depths
Event Inundation time Peak Flow Depth (over Road)
2-Year ARI event (39% AEP) Nil Nil
(Approximate 6 hour reduction)
10-Year ARI (10% AEP) 2 hours, 40 minutes 0.18m - Safely trafficable
(Approximate 10 hour reduction) (Peak Velocity-Depth Product =
0.12)
100 Year ARI (1%AEP) 5 hours, 20 minutes 0.4m
(Approximate 16 hour reduction) (Peak Velocity-Depth Product =
0.6)
(Refer Emergency Vehicle Access
references below)
Note that the above-mentioned improvements/reductions have been achieved with a blockage
factor of 20% applied to the existing and proposed culverts.
Page 11 of 117
Section 12
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Emergency Vehicle Access
Reference is made to the Australian Emergency Manuals Series Part IV - Skills for Emergency
Services
Personnel titled "Manual 8 - Four-Wheel-Drive Vehicle Operation". Section 5.26 to 5.35 details
the safe operation of four wheel drive vehicles during a water crossing operation. This section
discusses the required preparation for deep water crossing whereby "If the water depth is greater
than about 750mm, prepare the vehicle as follows ..” This section of the manual indicates that
four wheel drive emergency vehicles can safely navigate through water crossings less than
750mm deep provided the velocity-depth product is less than 0.6m2/sec.
The velocity-depth product of 0.6m2/sec is provided in Queensland Urban Drainage Manual
(QUDM - 2013) and described as "The product of depth dg, and velocity vave in the kerb and
channel should not exceed O.6m2/sec (Engineers Australia, 20l0) to reduce hazard for
pedestrians within the roadway."
The modelling results identified in the Hydrology and Water report (2014) titled "Garnet Street
Culvert Upgrade Hydraulic Assessment" indicate that the most recent design case will incur flow
depths of 0.4m and velocity-depth product of 0.6m'/sec during the 1%AEP. On this basis, an
emergency vehicle can safely negotiate Garnet Street during a major storm event.
Bridge Option Analysis
Consideration has been given to a proposed bridge across Cooroy Creek but this option has
been dismissed given the flood mitigation measures that are provided by the culverts.
The culverts in their proposed form will regulate flows to ensure upstream and downstream
conditions are "balanced" to a point where non-worsening of private properties is achieved. The
construction of a bridge effectively removes this mitigation and has the potential to increase
flooding downstream of Garnet Street.
Furthermore, given the substantial floodway width across Garnet Street and the physical
constraints of the Cooroy Creek alignment, construction of a bridge is not considered a viable
option.
Blockage Factors
Queensland Urban Drainage Manual (QUDM - 2013) provides a suggested blockage factor of
0% for a clear opening greater than 3.0m. Table 10.4.1 - Suggested blockage factors for culverts
highlights that a design blockage value of 20% should be assigned to culverts less than 3.0m in
height or less than 5.0m width.
A 20% blockage factor is considered appropriate given the culvert sizes and site characteristics
and has been adopted for modelling purposes by Hydrology and Water when undertaking the
flood modelling analysis.
In accordance with best practice, a sensitivity test has also been carried out using a blockage
factor of 50% in order to gain an understanding of any additional flood risk associated with a
higher blockage scenario. This sensitivity test is documented in the Hydrology and Water report
(2014) titled "Garnet Street Culvert Upgrade Hydraulic Assessment".
Page 12 of 117
Section 13
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Flood Impacts of the Revised Upgrade Design
As part of the Hydrology and Water report (2014) titled "Garnet Street Culvert Upgrade Hydraulic
Assessment” a series of Peak Flood Level Impact maps have been provided for the 2.Year ARI
(39% AEP), 10.Year ARI (10% AEP) and 100.Year ARI (1% AEP) rainfall events [see
Attachment 1]. These maps show the increase and decrease in levels between the most recent
design scenario and existing scenario.
Copies of these results are located in Appendix C of the Hydrology and Water report and a
summary discussion of these results is provided below.
The upgrade provides a significant improvement to the flood immunity of the Cooroy Creek
crossing. The current road crossing is not trafficable in events as frequent as the 2 year
ARI, while the revised upgrade design will remain trafficable during events up to the 10
year ARI. Road closure times during large flood events will also be significantly reduced.
The proposed works are predicted to reduce 2 year ARI flood levels upstream of Garnet
Street by approximately 200mm. Peak 2 year ARI flood levels immediately downstream of
Garnet Street reduce by up to 90mm.
The proposed works are predicted to reduce 10 year ARI flood levels upstream of Garnet
Street by approximately 20 to 50mm. Peak 10 year ARI flood levels immediately
downstream of the Garnet Street culverts reduce by up to 100mm. There is also a
localised peak flood level impact of approximately 100mm located over the sporting fields
immediately downstream of the proposed western culverts. The 10 year ARI impact map
shows flood level increases over Garnet Street which is due to the proposed raising of this
road. It is noted that while flood levels over the road have increased, peak flood depths
over the road have actually reduced due to the elevated road level.
There are some localised peak flood level impacts for the 100 year ARI event of up to
20mm upstream of the Garnet Street road reserve. These impacts are contained over a
vacant, low-lying bushland site which is already subject to peak 100 year ARI depths in the
existing case of generally between 0.5 to 1m. There is also a localised peak flood level
impact of approximately 180mm located over the sporting fields immediately downstream
of the proposed western culverts.
The upgraded crossing is not predicted to be trafficable for regular vehicles during a 100
year ARI flood however, peak depths and velocities over the upgraded crossing during this
event are such that it would be expected to remain trafficable for emergency vehicles.
The sensitivity testing of the 50% culvert blockage factor predicts that peak 100 year ARI
flood levels will increase by up to approximately 100mm. Generally speaking, this level of
flood level impact is not considered to pose a large increase to the flood risk for the area
however it is recommended that Noosa Council undertake on-going inspection of these
culverts and periodic clearing of potential debris upstream to minimise the likelihood of this
high level of blockage.
Assessment
Council officers have had protracted discussions with the applicant’s engineers regarding the
Garnet Street road upgrade requirements and generally agree with the points submitted above.
The applicant was asked to engage the hydraulic engineer that undertook Council’s recent flood
modelling for Cooroy, Rob Stewart of Hydraulic and Water Management Consulting Pty Ltd, and
he has prepared the referenced report (which can be provided to Councillors on request). The
Peak Flood Level Impact maps from the report are included as Attachment 1.
Given the complex flood modelling issues involved, Council had the report peer reviewed by
Steve Chamberlain of O2 Environment + Engineering. He advised:
Page 13 of 117
Section 14
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
In our opinion, the applicant has considered the potential risks to existing properties and potential
adverse impacts associated with providing additional flood immunity to Garnet Street. The
solution provided represents a reasonable compromise between trafficability and flood impacts
on existing properties.
The flooding characteristics of Garnet Street do not satisfy Condition 65.1.2. Nor do they satisfy
the requirements of QUDM for the minor storm event (i.e. all flow be passed under the roadway
by the culverts) or major storm event.
However, the proposed upgrade does provide a significant improvement to the flooding
characteristics of Garnet Street, and greatly reduces the time of inundation at the creek
crossing.
It is agreed with the applicants that to provide the flood immunity requested by the Council
would adversely impact the upstream properties due to an increase in peak water level.
In summary, the proposed Garnet Street culvert upgrade is considered to represent a reasonable
compromise between flood immunity for the roadway and damages associated with flooding for
the existing properties. While the upgrade does not satisfy Condition 65.1.2 of the Development
Approval or the requirements of QUDM for transverse flow over a roadway, the upgrade
represents a significant improvement in the existing flooding regime and greatly reduces the
period of time that the road is non-trafficable.
Council officers support the request to amend the condition, noting the following key findings:
The revised design and modelling is based on Council’s recently completed Cooroy Creek
Flood Model, which uses more contemporary landscape data and shows peak levels
approximately 400mm higher than the previous model used for the previous culvert design.
As such, the proposed immunity and trafficability levels are based on more onerous criteria
and should provide an improved level of accuracy.
The remodelling and redesign process has indicated that the original road upgrade
condition cannot be achieved because raising the road to the suggested levels would
significantly worsen upstream flooding.
The modelling shows that the road and culvert formation provides an important local
detention function restricting flood flows and velocities. Provision of a bridge, rather than
culverts, would increase flows and worsen downstream flooding. Furthermore, a bridge
has other prohibitive factors and would not be a reasonable imposition on the development.
The applicant’s engineers also indicate that works in other locations, specifically upgrades
to Mary River Road, would not provide a simple alternative to those proposed here as that
road is subject to inundation over approximately 620m of its length.
The amended road upgrade design proposed represents the best compromise in terms of
improving the flood immunity and trafficability of the road, while avoiding non-worsening of
upstream and downstream flooding.
The proposed road design will significantly reduce inundation times and achieve:
o 2 year ARI flood immunity
o 10 year ARI flood event trafficability for passenger vehicles
o 100 year ARI flood event trafficability for emergency vehicles
Page 14 of 117
Section 15
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
5. CONSULTATION
5.1. IDAS Referral Agencies
The application was referred to the State Assessment and Referral Agency (SARA) with regard
to the Concurrence Agency (Department of Transport and Main Roads) views on the request.
SARA responded by letter dated 23 September 2014 stating it had no objection to the change.
6. CONCLUSION
The applicant’s request to amend the condition is supported. It is recommended that the
condition be amended as per the wording in the recommendation section of this report.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 15 of 117
Section 16
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 1
Page 16 of 117
ATTACHMENT 1
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(Case DO6f Vs BO2e)
cal Client: Peet Limited
biel ter Th oe
Page 16 of 117Section 17
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 17 of 117
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Client: Peet Limited
orm
Page 17 of 117Section 18
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 18 of 117
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Chent: Peet Limited
Page 18 of 117Section 19
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
3 REQUEST TO EXTEND THE RELEVANT PERIOD FOR A DEVELOPMENT PERMIT
FOR A MATERIAL CHANGE OF USE - PROFESSIONAL OFFICE, SITUATED AT 91-93
POINCIANA AVENUE, TEWANTIN - 132005.2123.04
DOCUMENT INFORM AT ION
Author Development Planner, Jack Lewis
Planning & Infrastructure Department
Index ECM / Application / 132005.2123.04
Attachments 1. Locality Plan
2. Approved Plans
APPLICATION DETAILS
Applicant Atrium Tewantin Pty Ltd
Proposal Extension to Relevant Period for Development Permit for Material
Change of Use – Professional Office
Properly Made Date 21 July 2014
PROPERTY DETAILS
Property Address 91-93 Poinciana Avenue, Tewantin
RP Description Lot 34 on SP120980
2
Land Area 1,862m
Existing Use of Land Commercial
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Tewantin & Doonan
Zone Business Centre
Overlays Nil
Assessment Type Extension to Relevant Period
Page 19 of 117
Section 20
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 14 October 2014 and
A. Approve the request to extend the relevant period for a further two years;
B. Change Condition 11 to read as follows:
11. The Development Permit for a material change of use lapses if the use has not
happened by 20 September 2016, unless an application to extend the currency is
approved by Council; and
C. Agree to execute the associated Infrastructure Agreement for contributions in lieu of one
on-site car parking space, prior to the issue of the Decision Notice.
REPORT
1. PROPOSAL
The applicant requests a further 2 year extension to the relevant period of an existing
Development Permit for Material Change of Use for a Professional Office (additions). The
applicant indicates that due to economic factors, the client has had difficulties in obtaining finance
for the proposal and requests an extension to the relevant period.
The application is before Council, as the original approval required the payment of a monetary
contribution in lieu of providing one off-street car parking space. The applicant has signed an
infrastructure agreement to pay $17,529 (as at June 2014) for one off-street car parking space.
2. SITE DETAILS
2.1. Background
On the 20 September 2006, Council issued a development approval for a commercial office
(additions). The approved development comprised an upper-level addition to an existing
commercial development (Tewantin Butcher) and included 5 small office tenancies with a
combined Gross Floor Area of 120m2. The development included rearranging the existing 15 bay
carpark, with access gained via Sidoni Lane at the rear of the site to accommodate a lift.
On the 7 April 2010, Council approved a 2 year extension to the relevant period, expiring on the
20 September 2012.
On the 12 June 2012, Council approved a further extension to the relevant period, expiring on the
20 September 2014.
A copy of the Locality Plan and Approved Plans are included as Attachment 1 & 2.
3. ASSESSMENT
In accordance with Section 388 (1) of the Sustainable Planning Act 2009, Council, when
considering a request to extend the relevant period, must only have regard to the consistency of
the approval, the current planning scheme & policies, concurrence agency views and the
community’s current awareness of the development.
The application was assessed under the Superseded Planning Scheme, and there were no
applicable concurrence referral agencies. An assessment against the current planning scheme
provisions is provided below.
Page 20 of 117
Section 21
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
3.1. The Noosa Plan
The site is located within the Tewantin & Doonan Locality and is zoned Business Centre. The
approved office addition is a consistent use within the zone and is subject to a code assessable
application process. The development complies with the built form provisions contained within
the Locality, Business and Landscaping Codes, with details provided in the table below.
Criteria The Noosa Plan Approved Development Complies?
Plot Ratio 0.8:1 0.60:1
Gross Floor Area 653.6m² 493.25m²
Landscaping 10% min (81.7m²) 8.7% (71m²) X
Street Frontage Average 2 metres 2 metres to building façade
Setbacks (Upper Level)
Building Height 12 metres 8 metres
3 storeys 2 storeys
Awnings Required 3 metres awning provided
Parking 22 spaces 15 + 6 previous payment in lieu X
= 21 spaces
While the development has a minor shortfall in landscaped area, this is existing and remains
unchanged by the proposal. The car parking rates applicable to the development remain
unchanged under The Noosa Plan and there is a shortfall of 1 space. Condition 8 of the original
approval specifically requires a contribution be paid in lieu of providing the car park space in
accordance with the policy at the time of approval. Condition 8 reads:
8. The applicant shall contribute towards the provision of public car parking or improving
public transport within the Tewantin Locality in lieu of providing the required number
of car parking spaces on the site. Based on Council’s Planning Scheme Policy 13 –
Contributions in Lieu of the Provision of Off-Street Parking, the contribution is
calculated as $36,000 for one space. Council is currently reviewing this policy and
will accept a lesser amount should the amended policy support that outcome.
The Planning Scheme Policy was amended soon after the approval was given and reduced the
amount to $14,000 for one space + CPI ($17,529 as at June 2014). The Planning Scheme Policy
has since been repealed and the contribution can no longer be conditioned, however the
applicant has agreed to sign an Infrastructure Agreement for payment of this amount. It is noted
that at its Ordinary Meeting of 26 June 2014 Council resolved:
That Council note the report by the Senior Strategic Planner to the General Committee
Meeting dated 23 June 2014 and request Strategic Land Use Planning to prepare a
detailed report addressing the feasibility of accepting contributions in lieu of the provision of
off-street parking within each locality and, in the interim, not generally accept monetary
contributions in lieu of the provision of off-street parking.
The resolution indicates that it is inappropriate for Council to adopt a policy position of accepting
payments prior to undertaking a detailed review of the issue and, in the interim, each
development application must be assessed on merit. Since Council currently does not have an
adopted plan for infrastructure spending (or similar) for parking contributions, it should not
continue to increase parking demand without identified ways to invest in offsets. However, it is
considered some factors exist in favour of this application, being:
The potential impacts on the surrounding car parking areas of not providing the one space
are considered relatively minor;
The development was originally approved at a time when Planning Scheme Policy 13 was
in place and the applicant has agreed to pay car parking contributions for the one additional
space in good faith; and
The Tewantin area has been identified for future delivery of new public transport
infrastructure and/or programmes to deliver transport mode shifts away from private cars.
Some known opportunity exists to deliver new infrastructure (such as bus stop upgrades)
and Council is currently investigating others (electric bus network).
Page 21 of 117
Section 22
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
4. CONCLUSION
A contribution in lieu of parking is supported for this application, with the potential short term car
parking impacts considered relatively minor and the funds expected to be directed toward
projects that will deliver real offsets. It is recommended that Council agree to extend the relevant
period of the approval until the 20 September 2016 and execute the associated Infrastructure
Agreement for contributions in lieu of providing one on-site car space.
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 22 of 117
Section 23
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 1
Page 23 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 1
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Page 23 of 117Section 24
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 2
Page 24 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
- ATTACHMENT 2
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Page 24 of 117Section 25
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 25 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
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Page 25 of 117Section 26
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 26 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
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Page 26 of 117Section 27
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
4 TENURE OF LAND PURCHASED WITH THE ENVIRONMENT LEVY
DOCUMENT INFORM AT ION
Author Environment Officer, Peter Milne
Planning and Infrastructure
Index ECM / Subject / Environment Levy / 19787179
Attachments 1. Map of Environment Levy Lands
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Officer to the Planning and Organisation
Committee Meeting dated 14 October 2014 regarding the land previously purchased with the
Environmental Levy currently in state ownership and without conservation protection tenure and
A. Request the Chief Executive Officer to write to the Director-General of the Department of
Environment and Heritage Protection seeking that Lot 12 SP148801, Lot 22 RP25570,
Lot 7 MCH842016, Lot 2 RP800334 be gazetted as National Park; and
B. Note that officers are progressing with Department of National Park, Recreation, Sports
and Racing the dedication of Lot 121 RP100974, Lot 2 RP165434, Lot 4 RP136234 and
Lot 2 RP111976 as Regional Park with Council as trustee.
REPORT
Recently a review of the conservation protection tenure of land purchased with the Environment
Levy was undertaken by Councils Environment Services, with the assistance of the Property and
Land Management Section. Table 1 provides a list of land purchased since 1996:
Location Registered Tenure Managed by Date of Values Area
Plan Purchase
Noosa Drive & 113MCH4128 Council Council May 1996 Koala Habitat .7613h
Leslie Drive, freehold a
Noosa Heads
Boreen Pde, 44RP59216 Unity Water Unity Water June 1997 Riparian 377m2
Boreen Point freehold Council vegetation and
48RP908665 Council and 315m2
freehold sandstone
outcrops
‘Yalanga’, 12M37483 National Park QPWS (now October Rare and 120 ha
Bates Rd, (now National NPRSR) 1997 threatened (approx
Como Park) Joint species, .)
purchase adjoins
with State Cooloola NP
Butler Street, 6RP202272 Council Council Nov1997 Wetlands- 5.6 ha
Tewantin, next 299MCH1042 freehold mangroves, and 6.1
to Lake Nature Refuge saltmarsh, ha
Doonella melaleuca
forest
Page 27 of 117
Section 28
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Location Registered Tenure Managed by Date of Values Area
Plan Purchase
Factory 3RP35077 Council Council January Riparian 1.098
Street, freehold 1999 Rainforest ha
Pomona
Noosa North 34SP215025 Council Council Nov 1999 Heath, 500 ha
Shore (Arthur 3RP135678 freehold melaleuca, (approx
Harold 5RP135678 Nature Refuge eucalypt )
Reserve) 6RP135678 woodland,
ground parrot
habitat,
adjoins
Noosa
National Park
Dandaloo 12RP908915 Council Council March 2002 Rare and 7.9 ha
Drive, freehold threatened
Cootharaba Nature Refuge species and
endangered
regional
ecosystems
Six Mile 348MCH974 Conservation NPRSR April 2003 Riparian .8364
Creek- Park Rainforest ha
Pomona Kin
Kin Rd
Railway Rd, 91MCH1707 Council Council March 2003 Riparian 4.755
Cooran freehold under Rainforest ha
nomination of
trust
Tarangau 12SP148801 Unallocated NPRSR May 2003 Rare and 400 ha
Station, State Land threatened
Cootharaba plants,
adjoins
Cooloola
National
Park
Noosa North 22RP25570 Unallocated NPSRS July 2003 Coastal 5.8 ha
Shore, State Land Joint dune in total
Eastern 32- National Park purchase vegetation (6 lots)
beach 34RP25570 with State
(Now National
Park)
39-48
RP25570
(Now National
Park)
Marcus 7MCH842016 Unallocated State High dune 58 ha
Beach State Land (NPSRS) vegetation,
Compensatio heath,
n for TM banksia
Burke
development
lease
transferring
to National
Park
Lake 2RP800334 State State June 2005 Endangered 31.8 ha
Cooroibah Freehold (NPSRS) regional
Road-Johns ecosystems
Page 28 of 117
Section 29
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Location Registered Tenure Managed by Date of Values Area
Plan Purchase
Lake Entrance 904SP163309 State reserve, Council August Riparian .4 ha
Boulevard Council as 2005
trustee
Lake 121RP100974 State NPRSR May 2007 Rare and 164 ha
Cooroibah 2RP165434 Freehold Joint threatened
Road, (next 4RP136234 purchase plants,
to airstrip) 2RP111976 with Fed. endangered
Gov. regional
ecosystems
1129 Louis 10RP865221 Council Council Feb 2008 Rare and 23.7 ha
Bazzo Drive, freehold threatened
Cootharaba Nature Refuge plants,
endangered
regional
ecosystems
Symplocus 4SP151417 Council Council April 2010 Rare and 37.6 ha
Reserve, freehold threatened
Porters Rd, Nature Refuge plant species
Pomona
Cooroibah 2RP136234 Council Council April 2010 Koala 32.8
Airstrip freehold habitat,
Nature Refuge rainforest
Joins Lake
Cooroibah
and
proposed
Conservation
Park
Table 1. Environment levy land purchases. Lands not currently protected under conservation
tenure are shaded grey and in bold.
This review has highlighted:
Since 1996, 31 parcels of land have been purchased covering approximately 1400
hectares
Lot sizes range from 315 square metres to 500 hectares
14 lots are Council freehold, (10 dedicated as Nature Refuge and one under trust)
1 is State reserve with Council as trustee
6 parcels have been dedicated as National Park
1 parcel is Conservation Park
5 parcels are State freehold land
3 parcels are Unallocated State Land (USL)
1 parcel is now owned freehold by Unity Water.
In summary there are 9 parcels of land that were purchased through the Environment Levy or
jointly with State and Commonwealth funds, that have not been placed under conservation
tenure. In some cases these lands were purchased between 7 and 11 years ago. These parcels
are highlighted in bold in Table 1.
Page 29 of 117
Section 30
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Types of Conservation Protection Tenure
There is a range of conservation protection tenure applicable to public land. Table 2 below
summarises the various tenures and where they apply.
Conservation Level of Criteria Management Examples
protection tenure protection
National Park Highest Usually large areas of State owned Cooloola National
(Nature land with significant and managed Park
Conservation Act conservation and by Department
1992-NCA) recreation values of National
Parks,
Recreation,
Sports and
Racing
(NPSRS)
Regional Park Secondary to May not be a Owned by State Mount Cooroy
(formerly National Park significantly large area, but usually Conservation
Conservation Park lesser conservation managed by Park
under NCA) value to National Park, Council through
may offer recreation trustee
and compatable agreement
commercial
opportunities
State Land for Dependant on Lesser significance Owned by State Sunshine Beach
Public Purposes- trustee agreement than National Park or but managed by Foreshore
Environment and management Conservation Park. Council Reserve
Reserve (Land Act plan Often high recreational
1994) values and associated
Council as trustee infrastructure.
Urban reserves
Council freehold Highest Usually lesser Owned and Arthur Harold
Nature Refuge conservation significance than managed by Reserve, Noosa
(under NCA) protection for National Park or Council with North Shore
Council freehold Conservation Park management
land agreement
between State
and Council
Council freehold High Often smaller parcels Owned and Railway Rd,
land under trust bequeathed to Council. managed by Cooran
Deed of agreement Council
secures protection.
Council freehold High Usually small parcels Owned and Eumundi Rd,
land with covenant through development managed by Doonan
contributions Council
Table 2. Types of conservation protection tenure for public lands
Page 30 of 117
Section 31
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Environment Levy land not currently protected under conservation tenure
1. Boreen Parade, Boreen Point (44RP59216)
This small parcel (377m2) is located on the Boreen Point foreshore and has riparian vegetation
and unique sandstone outcrops. With the separation of water utilities from Council in 2010, this
land was transferred over to Unitywater. Council’s Director of Corporate Services is currently
investigating the issue of this change of ownership with Unitywater.
2. Tarangau (12SP148801)
Tarangau is a substantial property (400ha) that protects rare and threatened plants. Adjoining
Cooloola National Park, the lands current tenure is Unallocated State Land (USL). The land was
purchased in 2003 with Environment Levy funds and needs to be protected with National Park
status.
3. Noosa North Shore (22RP25570)
This small property (approximately .8ha) of coastal landforms and vegetation is situated on the
beachside of Noosa North Shore. Because of its strategic location in connecting parcels of land
with Cooloola National Park, this reserve also requires dedication as National Park.
4. Marcus Beach (7MCH842016)
58ha of Marcus Dunes was purchased by Council in compensation for the relinquishment of a
development lease. Marcus Dunes is a significant high dune coastal landform with dry heath and
Banksia woodland. Current tenure is Unallocated State Land (USL) and because it adjoins
Noosa National Park, it is preferable that this property also be gazetted as National Park.
5. Lake Cooroibah Rd-Johns (2RP800334)
This parcel next to the Noosa River and Cooloola National Park, contains endangered regional
ecosystems. Purchased with the Environment Levy in 2005, the land is designated as State
freehold and requires gazettal as National Park.
6. Lake Cooroibah Rd (121RP100974, 2RP165434, 4RP136234, 2RP111976)
The Lake Cooroibah lands (Riley land) were jointly purchased in 2007 by Council and the
Federal Government through National Reserve System (NRS) funds. Current tenure is freehold
land owned by the State. Under the funding agreement with the Federal Government, the lands
are to be gazetted as Conservation Park (now Regional Park), with Council as trustee.
Separating the parcels of land is a former airstrip that was purchased with Environment Levy
funds in by Council in 2010 (2RP136234). Dedicating the Lake Cooroibah lands as Regional
Park will allow Council to manage these parcels of land, including the Cooroibah airstrip land, as
a coordinated conservation area, and Council will be responsible for costs to manage these
lands.
Currently Council’s Environment Services is in discussion with the Department of National Park,
Recreation, Sports and Racing (NPRSR) concerning the current tenure of these lands. The
Department is supportive of these parcels being dedicated as Regional Park, with Council as
trustee and are progressing their gazettal. NPRSR has not indicated the timing of gazettal, but
this may be subject to the State Scientific Review of Protected Areas discussed below.
Page 31 of 117
Section 32
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
State Scientific Review of Protected Areas Gazetted or Proposed Since 2002
Recently the Queensland State Government undertook review of State protected areas titled 'A
Scientific Review of Protected Areas and Proposals Since 2002'. Officers from the Department of
National Parks, Recreation, Sports and Racing have advised that the scientific report is to be
considered by State Cabinet shortly. The content of this report is confidential, but it is anticipated
that the outstanding land parcels that require conservation tenure protection may form part of this
report and it would be timely to write to the Department advising of Noosa Council’s position.
Previous Council Consideration
Nil.
Finance & Risk
Nil
Consultation
External Consultation - Community & Stakeholder
Department of National Parks, Recreation, Sports and Racing
Internal Consultation
Finance
Property Services
Civil Operations-Natural Areas
Departments/Sections Consulted:
Community Services x Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 32 of 117
Section 33
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 1
Page 33 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
ATTACHMENT 1
Environmental Land Aquisition
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Page 33 of 117Section 34
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
CORPORATE SERVICES DEPARTMENT REPORTS
5 CORPORATE SERVICES DEPARTMENT UPDATE
DOCENT INFORM AT ION
Author Director Corporate Services, Michael Shave
Corporate Services
Index ECM/ Branch Management/Internal Departmental Meetings/Corporate
Services
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Director Corporate Services to the Planning & Organisation
Committee Meeting dated 14 October 2014 providing an update on operations of the Corporate
Services Department.
REPORT
The adopted final organisation structure includes the following sections under the Corporate
Services Department:
Finance
Revenue Services
ICT (including Records)
Procurement & Fleet; and
Property & Facilities
Corporate Services primarily provides internal support to the other Council departments, with the
exception of the property team that deals primarily with land and property management issues.
The following table provides a brief summary regarding recent achievements, current priorities
and items on the agenda moving forward for the Corporate Services department.
With respect to the delivery of services to other parts of Council, consultation will begin shortly
with the Directors and Managers to gather feedback on service performance provided over the
last 10 months with a view to identifying any issues and ensuring effective internal support is
provided at appropriate levels into the future.
Page 34 of 117
Section 35
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
CORPORATE SERVICES DEPARTMENT
SECTION RECENT ACHIEVEMENTS CURRENT PRIORITIES LOOKING AHEAD
Finance Completion of carry-overs budget Co-ordination of September quarterly Completion of 2013/14 financial
review (BR1) budget review (BR2) statements for audit
Validation of accrued income and Loading 2013/14 balance sheet agreed Establishment of restricted cash
expenses for 2013/14 financial year end balances reserves
Asset revaluations undertaken for roads Statutory 2013/14 financial statements Annual report information
& bridges, and land asset classes – in preparation for audit by Queensland Financial model update
analysis of results completed prior to Audit Office Financial sustainability review to be
system load Loading revaluation data into the undertaken by QTC
Modified reporting format for monthly TechnologyOne (T1) asset register and Assistance with ongoing internal service
exception reports to Council undertake depreciation update reviews
Finalise employee position descriptions Development of departmental KPI’s for Assistance with implementation of T1
and performance plan inclusion into reporting suite HR module and integration with payroll
Workplace banking program for CBA Review of banking services under and financials
Queensland Treasury & Trade tender Enterprise risk management
arrangements Development of branch plan
Preparation for annual data return for
Qld Local Government Grants
Commission
Preparation for annual borrowing
submission
Revenue Services Issue of rates reminder notices mid- Issue of supplementary rate notices in Review of current rating structure
September October Review of overdue rates and setting of
Ongoing rating system data cleansing debt recovery policy
Early adopter and testing of new billing
engine software including rates
modelling program in November
Development of online presence with
specific focus on search lodgement and
upfront payment portal for casual bin
collection services
Enterprise risk management
Development of branch plan
Page 35 of 117
Section 36
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
SECTION RECENT ACHIEVEMENTS CURRENT PRIORITIES LOOKING AHEAD
ICT New mobile version of Council website ICT Service Review Implement T1 web version of internal
(easier to use). Business Continuity Plan customer requests system to make
ECM Connected Content implemented Review of current records system systems easier for customer service
(reducing effort to maintain records content indexes. staff
manually making information more Training staff in use of TechnologyOne Implement T1 infringements that will
accessible including to mobile devices). corporate suite. allow customers issued with
GIS training delivered to planning, Development of online casual waste bin infringement notices to pay the fines
community services staff. collection process to improve efficiency immediately (currently next business
Wedding locations, fishing spots and and customer service. day). Will eliminate manual processes
markets on external mapping. Management of ICT asset replacement and on-site PC-based system giving
2008 and 2011 aerial photos now on and lease contracts to reduce costs. better disaster recovery/reliability.
internal mapping. Improvements in electronic document Implement T1 web leave approvals and
Upgrades to leisure management management processes time sheeting to improve efficiency.
system (The J / Aquatic Centre / Support of TechnologyOne asset Development of T1 electronic content
Leisure centre) and Respite centre mobility systems capital project. management system retention
management system with new Updating the aerial photos on the schedules to meet state archives
functionality for staff. external GIS mapping. requirements.
Now capturing printing volumes per Development of new Art Gallery Microsoft Enterprise Agreement
person to target excessive printing. website. renewal (own auditing of licenses)
Unity Water GIS data sharing Will be an early adopter for new
agreement finalised. TechnologyOne rates billing engine
IT Acceptable Use and Mobile Device getting benefits of a rates modelling tool
policies reviewed and adopted. and improvements to configuration.
Additional payroll team systems Enterprise risk management
training. Development of branch plan
Accounts payable invoice scanning
improvements.
Assisted with Bang the Table
consultation setup.
Page 36 of 117
Section 37
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
SECTION RECENT ACHIEVEMENTS CURRENT PRIORITIES LOOKING AHEAD
Procurement & Fleet First new Council vehicle acquisition Implement fleet review action plan Reviewing existing vehicle lease
undertaken by Fleet. Hyundai Van including T1 fleet system development. arrangements to minimise cost impacts
purchased from the local dealer. Pool vehicle requirements consideration Further discussion to be undertaken in
Consolidation and rationalisation of to be undertaken. relation to the plant & equipment
leased fleet vehicles to align with Fleet Manager training arranged for identified in the fleet review condition
operational needs undertaken with fleet staff in early Oct 2014. assessment
some yet to be finalised. Quotations sought for the replacement Monitor local supplier service provision
20 GPS units installed into various fleet of the beach cleaner & bitumen for fleet & plant assets.
vehicles & plant. maintenance repair vehicle. Payments & reporting to be simplified.
7 new Noosa contracts completed and Draft specifications being developed for Development of branch plan
operational. 3 small truck replacements.
Undertake staff performance plans.
Property & Facilities Issued invoices for commercial use of T1 property module (Leasing) Development of online application forms
community land permits enhancements to improve efficiency Enterprise risk management
Various commercial leases renewed Finalisation of street performance Development of branch plan
and under negotiation policy Capital projects delivery
Community lease invoices issued to Community tenure policy development Development of events calendar with
not-for-profit organisations underway in conjunction with Community Engagement
Annual footpath trading permit fees Community Services
issued Rifle Street acquisitions
Noosa river marine facility leases Peregian Beach SLSC future
Quamby Park leases finalised with all arrangements
lessees North Shore land tenure arrangements
Page 37 of 117
Section 38
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 38 of 117
Section 39
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
6 WASTE MANAGEMENT FEES AND CHARGES AMENDMENTS
DOCUMENT INFORM AT ION
Author Director Corporate Services, Michael Shave
Corporate Services Department
Index ECM/Subject / Carbon Tax
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Director Corporate Services to the Planning & Organisation
Committee Meeting dated 14 October 2014 and adopt the revised waste management fees and
charges to apply for the remainder of the 2014/15 financial year from 1 November 2014 as set
out in the report by the Director Corporate Services to the Planning & Organisation Committee
Meeting.
REPORT
Council’s waste management activity recovers fees and charges on a commercial basis given it
is a nominated significant business activity.
Councils have a general power to levy commercial charges for the provision of particular
services. This power flows from the general powers of local governments under section 9(1) of
the Local Government Act 2009 (the Act) and the specific recognition in section 262(3)(c) of the
Act of the power to charge for a service or facility, other than a service or facility for which a cost-
recovery fee may be fixed.
A number of waste management fee and charges need amendment due to the recent abolition of
the carbon tax by the federal government. The relevant fees are contained in the table on the
following page including the current fee and the proposed fee for the remainder of the financial
year. The fees in question relate specifically to waste disposed to landfill.
A further fee also needs amendment to reflect the cost of service provision. Council’s holding
tank liquid waste contractor currently charges 1.25 cents (one and a quarter cents) per litre for
literage in excess of 5,000 litres per pump out for domestic holding tanks. The current fee
contained in the fees and charges schedule was set at 1 cent per litre, as the new contract for
liquid waste pump out services was not finalised prior to adoption of the 2014/15 budget. The full
description of the fee and proposed change is also contained in the table below.
Given the logistics associated with the waste management business changing signage and
systems to accommodate the fee changes a commencement date of 1 November 2014 for the
commencement of the fee changes is proposed.
Page 39 of 117
Section 40
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Fee Description 2014/15 2014/15
Current Fee Proposed Fee
Domestic Self Haul (Incl GST)
Domestic Waste Small - up to an average sedan boot or half of a small $7.50 $7.00
trailer, approximately 0.5 m3.
Domestic Waste Medium - up to approximately 1 m3. This may be a full $22.00 $20.50
normal sized trailer body (up to approx. 2m x 1m x 0.5m or 7’ x 4’) or a
full similar size utility tray
Domestic Waste Large - any volume larger than 1 m3 but less than $37.00 $34.00
500kg. This includes box trailers, full vans and full utes with trailers.
Domestic Waste (pro rata per m3) - any vehicle / waste load not $90.00 $85.00
described above
Domestic Waste (pro rata per tonne) - any vehicle / waste load not $145.00 $137.00
described above
Dead Animals Small - Generally less than 25 kgs $4.00 $3.50
Dead Animals Medium - Generally weighing between 26-100 kgs $13.00 $12.00
Dead Animals Large - Generally weighing over 101 kgs (includes site $74.00 $72.50
preparation)
Commercial Self Haul (Incl GST)
Commercial Waste Small - up to an average sedan boot or half of a $7.50 $7.00
small trailer, approximately 0.5 m3.
Commercial Waste Medium - up to approximately 1 m3. This may be a $22.00 $20.50
full normal sized trailer body (up to approx. 2m x 1m x 0.5m or 7’ x 4’) or
a full similar size utility tray
Commercial Waste Large - any volume larger than 1 m3 but less than $37.00 $34.00
500kg. This includes box trailers, full vans and full utes with trailers.
Commercial Waste (pro rata per m3) - any vehicle / waste load not $90.00 $85.00
described above
Commercial Waste (pro rata per tonne) - any vehicle / waste load not $145.00 $137.00
described above
Construction and Demolition Waste Small - up to an average sedan $7.50 $7.00
boot or half of a small trailer, approximately 0.5 m3.
Construction and Demolition Waste Medium - up to approximately 1 m3. $20.90 $19.50
This may be a full normal sized trailer body (up to approx. 2m x 1m x
0.5m or 7’ x 4’) or a full similar size utility tray
Construction and Demolition Waste Large - any volume larger than 1 $33.00 $30.00
m3 but less than 500kg. This includes box trailers, full vans and full utes
with trailers.
Construction and Demolition Waste (pro rata per tonne) - any vehicle / $90.00 $85.00
waste load not described above
Construction and Demolition Waste (pro rata per m3) - any vehicle / $145.00 $137.00
waste load not described above
Construction and Demolition Waste (pro rata per tonne) - any vehicle / $145.00 $137.00
waste load not described above
Construction and Demolition Waste (pro rata per m3) - any vehicle / $90.00 $85.00
waste load not described above
Limited Regulated, Contaminated or Special Waste (pro rata per tonne / $180.00 $172.00
m3) e.g. asbestos, contaminated soil
Waste Services - Temporary cleansing services - Extra litres pumped $0.01 $0.0125
from holding tanks (>5000 litres) charge per litre
Page 40 of 117
Section 41
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Previous Council Consideration
Council adopted the 2014/15 waste management fees and charges as part of the Council fees
and charges schedule at the special meeting on 26 June 2014.
Finance & Risk
There is minimal financial impact from the proposed changes on Council’s 2014/15 financial
position.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Internal consultation has been held with the CEO, Director Community Services and the Waste
Management and Environmental Health Manager.
Departments/Sections Consulted:
x Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
x Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
x Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 41 of 117
Section 42
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Property and Facilities
7 NOOSA HEADS SURF LIFESAVING CLUB - PROPOSED LEASE TO COMMENCE
OPERATIONS AT PEREGIAN BEACH
DOCUMENT INFORM AT ION
Author Property and Facilities Manager, Clint Irwin
Corporate Services
Index ECM/Subject/46.01 Leases
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 14 October 2014 and:
A. Grant a 12 month permit to occupy to the Noosa Heads Surf Lifesaving Club over Lot 165
MCH 5180 to enable it to establish surf lifesaving activities at Peregian Beach;
B. Authorise the CEO to enter into negotiations for a 20 year lease to the Noosa Heads Surf
Lifesaving Club over Lot 165 MCH 5180 for surf lifesaving and ancillary activities at
Peregian Beach; and
C. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (b)
(ii) of the Local Government Regulation 2012 as the lease is to a community organisation.
REPORT
The Peregian Beach Surf Lifesaving Club (PBSLSC) first commenced beach patrol operations in
1962 and continued until 1974 before ceasing operations. After an eleven year hiatus the second
iteration of the club commenced on 1 January 1985 and the club has been in continuous
operation since. In 1993, PBSLSC and Council entered into a twenty five year lease over the
clubhouse area located at 11 Kingfisher Drive, Peregian Beach, with the lease expiring in 2018.
The Noosa Shire area is serviced by three surf lifesaving clubs with PBSLSC being the smallest
of the three in terms of active patrolling membership. In recent years PBSLSC has found it more
challenging to operate across its range of operations and has relied on Noosa Heads Surf
Lifesaving Club (NHSLSC) and Surf Lifesaving Queensland (SLSQ) to support its beach patrol
operations.
In recent months PBSLSC’s challenges have become more acute, culminating in advice from the
club to Council that SLSQ had enacted ‘step in’ measures. Subsequently, PBSLSC has
considered a range of management options to increase financial viability, one of which involved
NHSLSC assuming responsibility for all club operations including volunteer beach patrols (at no
cost to Council). This option was endorsed by PBSLSC.
Page 42 of 117
Section 43
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
A meeting was held on 29 August 2014 between representatives from Council, SLSQ Sunshine
Coast Branch, SLSQ, PBSLSC and NHSLSC to discuss proposed tenure options if the NHSLSC
proposal was to proceed. In summary, Council representatives suggested a staged tenure
process consisting of:
1. An initial 12 month permit to occupy to allow NHSLSC to establish surf lifesaving services
immediately; and
2. Concurrent to these arrangements, negotiation of a 20 year lease for surf lifesaving
services delivery.
The staged tenure process was the agreed direction from the meeting and in particular NHSLSC
representatives contended that a 20 year lease enabled NHSLSC to engage in long term
planning to activate the site to appropriately manage the cost of providing lifesaving services and
ongoing maintenance of clubhouse infrastructure. NHSLSC also requested in principle Council
support for the surrender of the existing lease between PBSLSC and Council to enable NHSLSC
to formally discuss the NHSLSC proposal at a NHSLSC Club Council meeting on 21 September
2014. This in principle support was provided to NHSLSC by Council on 9 September 2014.
Subsequently, on 21 September 2014, the NHSLSC Club Council considered and carried
motions relating to:
Constitutional changes to allow NHSLSC to assume responsibility for volunteer beach
patrols at Peregian Beach; and
Notification to PBSLSC allowing PBSLSC to engage with the mortgagee to allow transfer of
the lease, clubhouse and equipment to NHSLSC.
The carried motions by NHSLSC allow it, PBSLSC and the mortgagee to proceed to a
contemporaneous exchange/settlement in October 2014.
In addition to longer term planning which would occur in time, NHSLSC proposes a number of
immediate initiatives that will benefit NHSLSC members, existing PBSLSC members and the
community more broadly, including:
1. Increased frequency and distance of roving lifesaving patrols both north and south of the
flagged area.
2. Increased number and qualifications of lifesavers on each patrol.
3. Introduction of new rescue equipment including inflatable rescue boats, a four wheel drive,
all-terrain vehicle, oxygen and defibrillation equipment.
4. Membership recruitment - Peregian Springs and surrounding localities.
5. Community training programs – e.g. national accredited first aid courses and school
education programs.
6. Increased participation in the nipper program – implementation of NHSLSC program and
structure.
Under Section 236 (1) (b) (ii) of the Local Government Regulation 2012, Council is not required
to tender for the leasing of the property as the lease is to a community organisation. The
requirements of this exception are that a relevant Council resolution is first obtained.
Page 43 of 117
Section 44
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Previous Council Consideration
Nil
Finance & Risk
If the NHSLSC proposal does not proceed or fails there may be an obligation for Council to
consider options in the community interest regarding the provision of lifesaving services at
Peregian Beach. Council has a strong partnership with SLSQ which provide lifeguard services to
Council under contract. Given this relationship SLSQ has affirmed that it stands by to provide
lifesaving services at no cost to Council.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Director Corporate Services
Manager Community Facilities
Senior Project Officer
Departments/Sections Consulted:
X Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 44 of 117
Section 45
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
8 STREET PERFORMANCE POLICY
DOCUMENT INFORM AT ION
Author Property and Facilities Manager, Clint Irwin
Corporate Services Department
Index ECM/Subject/34.56 Street Performance
Attachment 1. Street Performance Policy
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 14 October 2014 and:
A. Repeal the Street Performance Operational Guidelines and Code of Conduct that
transferred to the Noosa Council from the Sunshine Coast Regional Council under the
Local Government (De-amalgamation Implementation) Regulation 2013; and
B. Approve the Street Performance Policy as attached to the report by Property and Facilities
Manager to the Planning and Organisation Committee Meeting dated 14 October 2014 and
authorise the Chief Executive Officer to put in place administrative guidelines and tools
required to implement the policy.
REPORT
Street performers provide entertainment, cultural diversity and a range of experiences for tourists
and the local community. Street Performers are currently governed by the Street Performance
Operational Guidelines and Code of Conduct that transferred from the Sunshine Coast Regional
Council to Noosa Council in accordance with the Local Government (De-amalgamation
Implementation) Regulation 2013.
The Street Performance Policy (draft attached) is proposed to replace the existing guidelines.
The main provisions of the policy include:
1. Council’s consideration of new performance activities and locations will be primarily driven
by direct community evidence and stakeholder input and demand.
2. The community’s use and need for land takes precedence.
3. Applications are to be made in accordance with the Street Performance Guidelines (the
guidelines).
4. A one year permit term for each street performer subject to annual review.
5. Street performances are only permitted at designated sites within nominated precincts
defined in the guidelines.
6. Applicants wishing to perform in multiple precincts will be subject to one application and
fee.
7. Business associations play a pivotal role in the selection of street performers and
performance locations.
Page 45 of 117
Section 46
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
The proposed street performance management model would comprise the Street Performance
Policy (the policy) providing the overarching framework, the guidelines which provide more
detailed information to assist applicants, and a permit with standard conditions for each approved
street performer.
Local governments have different approaches to balance the benefits of street entertainment with
the needs of traders, residents and the accessibility of visitors to precincts. At one end of the
scale local governments may be heavily involved and manage the entire street performance
process including fees, applications, auditions and compliance. While at the other end of the
spectrum there is at least one Queensland local government example with high profile precincts
which utilises levy funds to fund two alliances. These alliances manage the street performance
process incorporating applications, collection of fees, auditions and culminating in a
recommendation to Council to issue/not issue the permit to the applicant.
Ultimately, the model employed by local government relates to the nature of the local government
area, the precincts and other factors directly relate to the role that local governments, business
associations and the community wish to play in managing street performances.
Considering these factors, this report advocates that a hybrid approach to the street performance
process be adopted by Council which reinforces Council’s desire to work with community and
stakeholders on the delivery of policy. In practice, the proposed approach would operate by:
1. Council receives the application and associated application fee.
2. Evidence of the street performer’s ability provided to Council as part of the application is
forwarded to the appropriate business association.
3. The business association assesses the artist’s ability and fit for precinct and the
requirement for audition. The business association may seek the opinion of local, well
respected street performers for assessment purposes.
4. The business association provides feedback to Council on whether a permit should or
shouldn’t be offered and reasons for the decision.
5. Council proceeds in accordance with the business association’s feedback and the policy.
All compliance matters relating to street performers will remain the responsibility of Council.
Previous Council Consideration
Nil.
Finance & Risk
The costs that will be incurred in the administration of the permits are accommodated in Council’s
operational budget (predominately as labour costs) within the Corporate Services Department.
Consultation
External Consultation - Community & Stakeholder
In September this year, Council conducted consultation with local business associations
regarding the Policy. The associations have either visited Council, or have provided written
feedback. Common themes emerging from the feedback include:
Business associations want to be involved in the selection of street performers and
performance sites within their business precincts.
Business associations may act as a point of contact and liaison for street performers as
required.
Page 46 of 117
Section 47
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Council also met with two local, respected street performers to discuss the policy. Generally, both
were supportive of the proposed policy direction. Both performers provided valuable feedback
regarding locations, performance times and were also keen to be involved in assessment of a
street performer’s ability during the application process.
Internal Consultation
Director Corporate Services
Public Space Permits Officer
Departments/Sections Consulted:
Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 47 of 117
Section 48
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 48 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Attachment 1
ze ) | NOOSA Council Policy
me mi Keeeveis STREET PERFORMANCE
Corporate Plan Reference: Working in partnership with our community
Endorsed by Council: 23 October 2014
Policy Author: Property and Facilities Manager
POLICY BACKGROUND
The Noosa Shire is strongly focused on a sustainable future and ensuring that our natural environment
is valued, conserved and enhanced. Community land is a precious part of the environment which is in
high demand from a range of stakeholders.
Street performers provide entertainment, cultural diversity and a range of experiences for tourists and
the local community. The Street Performance Policy and the Street Performance Guidelines provide
the framework for managing community space performances within nominated locations and allows for
the contribution of vitality and cultural life. The Policy seeks to balance the benefits of street
entertainment with the needs of traders, residents and the accessibility of visitors to precincts.
COUNCIL POLICY
Policy Scope:
This Policy:
e Applies to anyone undertaking a street performance activity on Council controlled community
land.
° Includes performances on freehold land and trustee land under the control of Council such as
parks reserves, roadways (not state controlled roads), pathways, footpaths, foreshores and
bathing reserves.
° Street Performers are only permitted at locations defined in the Street Performance Guidelines
(the Guidelines).
The Policy does not apply to performances on private land and the following are not considered to be
street performances under the terms of this policy and as such a permit will not be issued:
° Percussion Instruments
° Tarot card, palm and fortune readers
e Artists selling works (such as portrait artists)
° Masseurs or masseuses
° Vendors of any kind, or soliciting money for any purpose
° Animal Acts
° Pavement Art
° Roving Acts
° Face painting
° Spruiking or rallying
e Any like act or activity
Page 1 of 3
Page 48 of 117Section 49
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 49 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
COUNCIL POLICY — STREET PERFORMANCE
Guiding Principles
e Council's consideration of new performance activities and locations will be primarily driven by
direct community evidence and stakeholder input and demand.
e The community’s use and need for the land takes precedence.
° The proposed activity/location must enhance the visitor and local experience of the Noosa Shire.
e The use must not adversely impact the community asset, adjacent commercial businesses or the
environment.
Application Process
Applications are to be made in accordance with the Guidelines. Applications must be accompanied by:
° Payment of the relevant fee.
° Proof of personal public liability insurance coverage of $20 million (Noosa Council must be noted
as an interested party). Council may fund the public liability insurance of aspiring artists under 18
years of age in exceptional circumstances.
e Photographic identification must be supplied by the applicant e.g. driver's licence, passport,
student |.D etc. Other forms of identification will be considered on a case by case basis.
e A youtube clip, link to website or other evidence that confirms the applicant’s ability.
° A summary of the act including details of instruments, props or equipment used along with
previous experience.
If the applicant is under 18 years of age the application must be signed by the applicant and their
parent/guardian and photographic identification must be provided by all parties.
Applicants may be asked to audition live.
Audition
° The process is determined by each respective business association. The business association
may seek the input of local, well respected street performers.
° The judging panel may recommend to Council to approve or not approve an application.
e Applicants must bring along to the audition any equipment that is used as part of the
performance.
e Further auditions are not required unless the act is changed or modified.
Approval and Permit Period
e Applicants will be notified whether they have been successful in being granted a permit.
° Street performers must hold a current permit to perform.
° One year permit term.
° Subject to annual application (permits are not automatically renewed and renewal is not
guaranteed).
° Applicants wishing to perform at multiple precincts will not have to make separate applications
incurring separate fees but will be subject to one application and fee only.
Performance Locations
e Street performances are only permitted at designated sites defined in the Guidelines.
° The use of designated sites for street performances and compliance to the Guidelines will
be monitored by Council as required.
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Page 49 of 117Section 50
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
Page 50 of 117
PLANNING & ORGANISATION COMMITTEE MEETING AGENDA 14 OCTOBER 2014
COUNCIL POLICY —- STREET PERFORMANCE
ROLES AND RESPONSIBILITIES
Council:
° Will issue permits in consultation with the respective business association.
e Will review the previous permit holder's term including but not limited to number of complaints,
feedback received from the community, impact on the environment and overall performance of
the performer.
° May cancel a permit if the permit holder fails to comply with the terms of the permit, the Policy
and Council’s Local Laws.
° Reserves the right not to offer any permit/s having given sufficient consideration to the impact of
the application on the community amenity and commercial businesses.
Precinct Business Association:
e Provide feedback to Council whether an applicant is granted a permit or that a permit should not
be renewed, or should be suspended or cancelled.
e Determine an appropriate audition process.
° Act as a point of contact and liaison for performers in each precinct as required.
RELEVANT LEGISLATION
Land Act 1994
Local Government Act 2009
Local Law (1) Administration
Local Law (4) Local Government Controlled Areas, Facilities, Infrastructure and Roads
Local Law (6) Bathing Reserves
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