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2022-03-17 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday 17 March 2022
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 17 MARCH 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. MAYORAL MINUTES 3
4. PETITIONS 3
5. NOTIFIED MOTIONS 3
6. PRESENTATIONS 3
7. DEPUTATIONS 3
8. CONSIDERATION OF COMMITTEE REPORTS 4
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 MARCH 2022 4
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 MARCH 2022 8
3 AUDIT & RISK COMMITTEE MEETING REPORT – 10 MARCH 2022 9
4 GENERAL COMMITTEE MEETING REPORT – 14 MARCH 2022 11
9. ORDINARY MEETING REPORTS 13
1 COM21/0008 - POTENTIAL LEGAL ACTION AGAINST SHORT TERM
ACCOMMODATION AT 18 AMAROO PLACE, COOROIBAH 13
10. CLOSED SESSION 16
11. PUBLIC QUESTION TIME 16
12. NEXT MEETING 16
13. MEETING CLOSURE 16
Page 2 of 16
Section 3
ORDINARY MEETING AGENDA 17 MARCH 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 17 February 2022 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
5. NOTIFIED MOTIONS
Nil.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 3 of 16
Section 4
ORDINARY MEETING AGENDA 17 MARCH 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 MARCH 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor)
EXECUTIVE
S Waters, Acting Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
L Sengstock, Director Infrastructure Services (Reports 1-3)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU15/0109.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MULTIPLE
HOUSING –TYPE 4 – CONVENTIONAL (39 UNITS) AT 75 RESORT DRIVE, NOOSA
HEADS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Altum Constructions. I have a personal friendship with Leigh and Rob McCready, who
are associated with the applicant. As a result of my conflict of interest I will now leave the meeting room
while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
application by Altum Constructions. Leigh McCready who is associated with the applicant was involved
in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as
a group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of interest I will
now leave the meeting room while the matter is considered and voted on.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Altum Constructions. On 24 February 2020 I sought a review by the Independent
Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh
McCready was publicly identified as a Campaign Manager. Leigh McCready is associated with the
applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person could
have a perception of bias because the ICEO review was an advisory service, not a statutory process,
and my queries at that time were in the public interest and neither I nor Ms McCready stood to personally
Page 4 of 16
Section 5
ORDINARY MEETING AGENDA 17 MARCH 2022
gain or lose from that advice. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 March 2022 regarding MCU15/0109.04 to make a minor change
to a development approval for Multiple Housing type 4 - Conventional (39 Units) situated at
Resort Drive Noosa Heads and:
A. Approve the change.
B. Amend the description of the development in the Decision Notice to read Material
Change of Use – Multiple Housing Type 4 – Conventional (39 Units & 1 manager’s unit).
C. Amend conditions 2, 3 and 31 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 and may be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
7043-DA01 14 LOCATION PLAN & PROJECT SUMMARY by Blackburne 17-12-21
Jackson Design
7043-DA02 18 SITE PLAN by Blackburne Jackson Design 17-12-21
7043-DA03 17 SITE PLAN by Blackburne Jackson Design 17-12-21
7043-DA04 11 SITE PLAN by Blackburne Jackson Design 17-12-21
7043-DA05 13 SITE SECTIONS PLAN by Blackburne Jackson Design 17-12-21
7043-DA06 01 SITE SECTIONS PLAN by Blackburne Jackson Design 12-10-18
7043-DA14 10 BUILDING 25: BASEMENT by Blackburne Jackson Design 12-10-18
7043-DA15 10 BUILDING 25: LEVEL 1 by Blackburne Jackson Design 12-10-18
7043-DA16 10 BUILDING 25: LEVEL 2 by Blackburne Jackson Design 12-10-18
7043-DA17 09 BUILDING 25: ELEVATIONS by Blackburne Jackson Design 12-10-18
7043-DA18 09 BUILDING 25: SECTION by Blackburne Jackson Design 12-10-18
7043-DA19 11 BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson 12-10-18
Design
7043-DA20 09 BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design 12-10-18
7043-DA21 10 BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design 12-10-18
7043-DA22 09 BUILDING 24: ELEVATIONS by Blackburne Jackson Design 12-10-18
7043-DA23 xx BUILDING 24: ELEVATION & SECTION by Blackburne 12-10-18
Jackson Design
7043-DA24 09 BUILDING 23: ELEVATION by Blackburne Jackson Design 12-10-18
7043-DA25 09 BUILDING 23: ELEVATION & SECTION by Blackburne 12-10-18
Jackson Design
7043-DA26 06 FINISHES PALETTE / SCHEDULES by Blackburne Jackson 17-12-21
Design
7043-DA28 09 FIRE AND EVACUATION MANAGEMENT PLAN by 14-02-19
Blackburne Jackson Design
7043-DA30 16 HEIGHT PLAN PROJECTIONS by Blackburne Jackson 17-12-21
Design
7043-DA31 13 HEIGHT PLAN PROJECTIONS by Blackburne Jackson 12-10-18
Design
Page 5 of 16
Section 6
ORDINARY MEETING AGENDA 17 MARCH 2022
Plan No. Rev. Plan/Document Name Date
7043-DA32 02 HEIGHT PLAN PROJECTIONS by Blackburne Jackson 12-10-18
Design
7043-DA40 03 HEIGHT PLAN PROJECTIONS by Blackburne Jackson 17-12-21
Design
7043-DA50 03 SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION 17-12-21
by Blackburne Jackson Design
7043- 09 SITE MAINTENANCE SHED LANDSCAPING by Blackburne 17-12-21
DA102 Jackson Design
7043- 08 BLOCK 25: LANDSCAPING by Blackburne Jackson Design 12-10-17
DA104
7043- 08 BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson 12-10-17
DA105 Design
7043- 08 BLOCK 24 & CORNER LANDSCAPING by Blackburne 12-10-17
DA106 Jackson Design
7043- 07 PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by 12-10-17
DA107 Blackburne Jackson Design
7038-DA13 07 Overall Staging Plan by Blackburne Jackson Design 14-06-17
WD1.3 I SITE PLAN by Sparks Architects 16-05-18
WD1.17 H GROUND FLOOR PLAN BLOCK 10 by Sparks Architects 16-05-18
DD1.16 G FIRST FLOOR PLAN BLOCK 10 by Sparks Architects 27-06-17
DD1.17 F ROOF FLOOR PLAN BLOCK 10 by Sparks Architects 27-06-17
WD1.20 H GROUND FLOOR PLAN BLOCK 11 by Sparks Architects 16-05-18
DD1.19 G FIRST FLOOR PLAN BLOCK 11 by Sparks Architects 27-06-17
DD1.20 F ROOF PLAN BLOCK 11 by Sparks Architects 27-06-17
WD1.23 H GROUND FLOOR PLAN BLOCK 12 by Sparks Architects 16-05-18
DD1.22 G FIRST FLOOR PLAN BLOCK 12 by Sparks Architects 27-06-17
DD1.23 F ROOF PLAN BLOCK 12 by Sparks Architects 27-06-17
WD2.8 B ELEVATIONS BLOCK 10 by Sparks Architects 23-08-17
WD2.9 B ELEVATIONS BLOCK 11 by Sparks Architects 23-08-17
WD2.10 B ELEVATIONS BLOCK 12 by Sparks Architects 23-08-17
3. The approved development comprises a total of 1 x 1 bedroom manager’s unit, 17
x 2 bedrooms and 22 x 3-bedroom units.
31. A minimum of 80 car parking spaces must be provided and marked on the overall
site generally in accordance with the approved plans. The works may be staged
and must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 13 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use.
b. Crossfalls, gradients and vehicle headroom in accordance with Australian
Standard AS2890: Parking Facilities.
c. The minimum number of parking spaces as indicated on the approved plans
for each of the buildings in the particular Stage.
d. 1 space must be allocated to the exclusive use of the Manger’s Unit.
Page 6 of 16
Section 7
ORDINARY MEETING AGENDA 17 MARCH 2022
D. Add conditions 66 and 67 to read as follows:
66. The car wash bay must be bunded to prevent wastewater from leaving the site and
must not enter the downstream drainage system.
67. The use of the car wash bay is to be limited to resident’s vehicles only and the use
of pressure hoses /compressors to wash vehicles is not permitted.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
2 MCU19/0089.02 & OPW19/0160.02 – MINOR CHANGE TO DEVELOPMENT APPROVAL
FOR RETAIL BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP AND
OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for further consideration.
3 VEGETATION ASSESSMENT PROJECT UPDATE
That Council note the report by the Principal Environment Officer and the Environment Officer-
Vegetation Assessment to the Planning & Environment Committee Meeting dated 8 March
2022 on the progress of the Vegetation Assessment Project.
4 NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE UPDATE
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2022
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 08 March 2022 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 8 March be received and the
recommendations therein be adopted except where dealt with by separate resolution
Page 7 of 16
Section 8
ORDINARY MEETING AGENDA 17 MARCH 2022
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 MARCH 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 PROPOSED TELECOMMUNICATIONS LEASE 10 BARTLETT STREET, NOOSAVILLE
That Council note the report by the Property Officer to the Services and Organisation
Committee Meeting dated 8 March 2022 regarding a new telecommunications lease on
Council premises 10 Bartlett Street, Noosaville and:
A. Agree to enter into a commercial lease to Vodafone Network Pty Ltd for the existing
telecommunications facility located on part of 10 Bartlett Street, Noosaville (being Lot
901 RP150345) on the core lease terms outlined in this Report;
B. Apply the exception contained in section 236(1)(c)(vi) of the Local Government
Regulation 2012, given the lease is for telecommunication purposes; and
C. Authorise the Chief Executive Officer to take all action necessary including, but not
limited to, negotiating, making, amending, signing and discharging the lease and any
required variations of the lease on the Council’s behalf, as described in this report.
2 CONTRACT NO. T000052 - PROVISION OF NOOSA RIVER DREDGING SERVICES
That Council note the report by the Acting Project Coordinator – Flooding, Coastal and
Foreshores to the Services & Organisation Committee Meeting dated 8 March 2022 and:
A. Award a schedule of rates Contract No. T000052 for the Provision of Noosa River
Dredging Services to Rimlex Pty Ltd t/as Nabis Dredging, commencing on 1 April 2022
for a term of two years (2), expiring on 31 March 2024; and
B. Subject to satisfactory performance by Rimlex Pty Ltd t/as Nabis Dredging, authorise the
CEO to approve the options to extend the contract at the expiry of the first two (2) year
term for a further two (2) terms of up to two (2) years each ending 31 March 2028.
3 2021 ANNUAL DISASTER MANAGEMENT FINANCIAL REPORT
That Council note the report by the Disaster Management Officer to the Services &
Organisation Committee Meeting dated 8 March 2022 providing an update on disaster
management financial activities for the 2020/2021 financial year.
Committee Recommendation
That the report of the Services & Organisation Committee dated 8 March be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 8 of 16
Section 9
ORDINARY MEETING AGENDA 17 MARCH 2022
3 AUDIT & RISK COMMITTEE MEETING REPORT – 10 MARCH 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Tim Cronin (Chair)
Kerry Phillips
Cr Amelia Lorentson
Cr Clare Stewart
OTHER ATTENDEES
Scott Waters, Chief Executive Officer
Trent Grauf, Acting Director Corporate Services
Debra Iezzi, Director Executive Services
Diana Stewart, Governance Advisor
Damara Ryder, Governance Project Officer
Pauline Coles, Acting Finance Manager
Martin Luwinga, Queensland Audit Office (via Microsoft Teams)
Thomas Cook, KPMG
Jillian Richards, KPMG
APOLOGIES
Sri Narasimhan, Queensland Audit Office
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 QUEENSLAND AUDIT OFFICE REPORT
That Council note the Queensland Audit Office Briefing Note provided by the Queensland Audit
Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 10 March 2022.
2 END OF FINANCIAL YEAR TIMETABLE
That Council note the report by the Manager Financial Services (Acting) to the Audit & Risk
Committee Meeting dated 10 March 2022 regarding Council’s preparation for the 2021/22 End
of Financial Year process and Annual Financial Statements.
3 EFFECTIVENESS OF AUDIT AND rISK COMMITTEE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 10 March 2022 and approve the amended Audit & Risk Committee Charter provided as
Attachment 1 to this report, with minor amendments as discussed at the meeting.
4 INTERNAL AUDIT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 10 March 2022 providing an update on internal audit matters and approve the amended
Internal Audit Policy provided as Attachment 3 to the report.
5 RISK MANAGEMENT & BUSINESS CONTINUITY
That Council note the report by the Governance Project Officer to the Audit & Risk Committee
Meeting dated 10 March 2022 providing an update on risk management and business
continuity matters.
Page 9 of 16
Section 10
ORDINARY MEETING AGENDA 17 MARCH 2022
6 REGULATORY PRACTICES & GOVERNANCE MATTERS
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 10 March 2022 and note the self-assessment findings on Council’s regulatory practices.
Committee Recommendation
That the report of the Audit & Risk Committee dated 10 March 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 10 of 16
Section 11
ORDINARY MEETING AGENDA 17 MARCH 2022
4 GENERAL COMMITTEE MEETING REPORT – 14 MARCH 2022
ATTENDANCE & APOLOGIES
Cr Frank Wilkie
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters Chief Executive Officer
L Jensen, Acting Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU19/0089.02 & OPW19/0160.02 – MINOR CHANGE TO DEVELOPMENT APPROVAL
FOR RETAIL BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP AND
OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to
make a minor change to an existing approval for Material Change of Use - Retail Business -
Type 2 Shop & Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage
situated at 52-54 Mary St Noosaville and:
A. Refuse the change for the following reasons:
1. The proposed change does not constitute a minor change to the development
approval as the change in hours will increase the severity of known amenity
impacts and likely attract further submissions objecting to the change were the
application to be publicly notified given the site’s proximity to residential properties.
2. The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
Performance Outcome PO11 & PO24 of the Business Activities Code as the
proposed hours will adversely impact on nearby resident’s amenity.
3. The proposed trading hours do not comply with Overall Outcome 2(m) and
Performance Outcome PO42 of the District Centre Zone Code as the proposed
change in hours will impact the amenity of nearby residential premises as nearby
residents would not reasonably expect the service to be operational at this time.
4. The proposed illuminated signage does not comply with Specific Outcome AO7
and Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan
2006 as it proposes more than one illuminated sign and is not compatible with the
visual amenity of the surrounding area.
5. The proposed additional illuminated signage is not consistent with provisions of the
Local Law signage requirements as the proposal exceeds the maximum number
of signs permitted to be illuminated and is prohibited by the Local Law.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 11 of 16
Section 12
ORDINARY MEETING AGENDA 17 MARCH 2022
C. Request the CEO to convene a Councillor workshop for Councillors, to allow the review
and further discussion regarding the signage laws and associated policies.
D. Request the CEO to, if necessary, provide a report to a future Council meeting outlining
any changes, updates or improvements to the signage laws and policies, as may be
proposed at the Councillor workshop.
2 NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE UPDATE
That Council note the report by the Environmental Services Manager (Acting) to the Planning
& Environment Committee Meeting dated 8 March 2022 providing an update on activities of
the Noosa River Stakeholder Advisory Committee, in response to the high priority of vessel
management in the Noosa River and note the planned focus for 2022, and
A. Request a Further Report to Council at a future meeting with a recommended approach
to vessel management on the Noosa River that aims to achieve the ‘Strategic Intent’ of
the Noosa Plan 2020 regarding natural scenic amenity and landscape character. The
report should include a review, and the advice and recommendations of the Noosa River
Stakeholder Advisory Committee in regard to the relevant issues and proposals in the
draft Noosa River Plan including:
1. clutter and congestion;
2. impediments to use of the river foreshore by local residents and the general public
by vessel mooring and anchoring;
3. a management framework that regulates anchoring, mooring and living on the river
and establishes effective compliance regimes and achieves compliance with them;
and
4. The potential use of Environment Levy or other sources of revenue to fund any
enhanced role of Council in the management of the river.
B. That Council invite a representative from the Noosa Boating and Fishing Alliance along
with other interested parties to participate in the upcoming publicly advertised expression
of interest process to fill 2 vacant spaces on the Noosa River Stakeholder Advisory
Committee.
3 NOOSA NORTH SHORE FERRY REVIEW AND PROPOSED TENDER
That Council note the report by the Property Advisor to the General Committee Meeting dated
14 March 2022 and agree to proceed to the tender process for a new ferry service to
commence in July 2024, based on the fully outsourced operating model identified as Option 2
and the recommended tender approach outlined in the report.
4 FINANCIAL PERFORMANCE REPORT – FEBRUARY 2022
That Council note the report by the Financial Services Manager (Acting) to the General
Committee Meeting dated 14 March 2022 outlining February 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
Committee Recommendation
That the report of the General Committee dated 14 March 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 12 of 16
Section 13
ORDINARY MEETING AGENDA 17 MARCH 2022
9. ORDINARY MEETING REPORTS
1 COM21/0008 - POTENTIAL LEGAL ACTION AGAINST SHORT TERM ACCOMMODATION
AT 18 AMAROO PLACE, COOROIBAH
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ COM21/0008
Attachments 1. Legal Advice in relation
to 18 Amaroo Place, Cooroibah - in accordance with Section
254J (3) of the Local Government Regulation 2012 - e) legal advice obtained
by the local government or legal proceedings involving the local government
including, for example, legal proceedings that may be taken by or against the
local government.
EXECUTIVE SUMMARY
This report advises Council of a current compliance matter wherein a property owner is currently
offering short term accommodation on an ongoing basis without a development approval or lawful
existing use rights. The use is having significant impacts on surrounding resident’s amenity with at
least 17 persons being accommodated on site at any one time.
The report proposes to authorise the CEO to commence legal proceedings on behalf of Council in
the Planning & Environment Court.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 17 March 2022 and:
A. Note the confidential legal advice in relation to the use of 18 Amaroo Place, Cooroibah for
short term accommodation as provided as Attachment 1 to the report.
B. Authorise the Chief Executive Officer to initiate legal action in accordance with that advice.
REPORT
Council has been receiving ongoing complaints from residents regarding the use of 18 Amaroo
Place, Cooroibah for short term accommodation. The complaints generally relate to noise and other
disturbances though some complaints indicate the current use may also be characterised as a party
house.
The property has been offered for short term accommodation on an ongoing basis, accommodating
at least 17 persons on site at times within the existing dwelling and stables. The property is
approximately 2 hectares in area with the surrounding properties ranging from approximately 2 to 4
hectares. Amaroo Place is a quiet cul-de-sac, serving a limited number of residents with the Great
Sandy National Park located to the site’s north-east and so noise from guests staying/partying on
site is very audible to residents in the area.
Page 13 of 16
Section 14
ORDINARY MEETING AGENDA 17 MARCH 2022
The property is zoned Rural Residential under the Noosa Plan 2020 and is surrounded by other rural
residential zoned land. In this zone a Development Permit for Material Change of Use is required to
operate short term accommodation, with the application required to follow an impact assessment
process (including public notification). Council records indicate no such approval has been granted
for the property. The property also has no lawful existing use rights for short term accommodation,
having commenced use of the property for short term accommodation after the commencement of
the Noosa Plan 2020.
Council officers and Council’s planning solicitor have corresponded with the owners on numerous
occasions about the ongoing use of the property for short term accommodation including the use of
the stables for short term accommodation contrary to the building classification, however, the
property owner has continued to use the property for short term accommodation in breach of the
planning scheme and the Planning Act 2016.
The purpose of this report is to seek authorisation for the CEO to commence legal proceedings on
behalf of Council in the Planning & Environment Court, noting that the legal advice received indicates
Council has sufficient evidence to commence enforcement proceedings.
Council’s evidence includes:
Statements from nearby residents
Screen captures of advertisement of the property on Airbnb
Police reports of complaints made to the police about noise
It is proposed that prior to making an application for enforcement orders with the Planning &
Environment Court a final letter will be sent to the owner’s representatives which will outline all of
the identified instances of complaints of a short term accommodation use occurring on the land. The
letter will also put the owner on notice that proceedings will be commenced should the use not stop.
Where the matter proceeds to a hearing, a barrister will need to be briefed as well as a town
planner to assist the court in terms of impacts and Council’s planning strategy relating to short term
accommodation.
Page 14 of 16
Section 15
ORDINARY MEETING AGENDA 17 MARCH 2022
Previous Council Consideration
The matter has not been previously reported to Council but the following is noted for Councillor’s
information:
A superseded planning scheme request was lodged with Council in 2021 to permit the use of
the property for short term accommodation. This request was refused under delegation by
Council officers.
An application for Short Stay Letting has been lodged under the new Local Law. This
application had not been decided at the time of preparing this report to Council.
Finance
It is not yet possible to provide an accurate estimate of what this litigation will cost Council. That will
depend on a range of variables including expert costs, the extent to which the litigation is contested
etc. The ongoing cost can be monitored through the Case Management Working Group. It should
be noted that Council’s legal costs are currently within budget.
Risks & Opportunities
Any litigation has risks associated with the outcome. Nevertheless, pursuing court action will support
residents whose amenity is currently being adversely impacted by this business. It also maintains
the integrity of the Noosa Plan 2020.
Consultation
External Consultation - Community & Stakeholder
Council’s legal advisers
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 15 of 16
Section 16
ORDINARY MEETING AGENDA 17 MARCH 2022
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held on 21 April 2022 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
Page 16 of 16