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2018-09-17 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     17 SEPTEMBER 2018


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


1   MCU18/0084 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
    VISITOR ACCOMMODATION TYPE 3 (RURAL CABINS) AT 340 POMONA KIN KIN
    ROAD, PINBARREN
    Motion
    Moved:               Cr Wellington
    Seconded:            Cr Stockwell
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 September 2018 regarding Application No. MCU18/0084 for a
    Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural
    (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren Qld 4568, and
    A.   Approve the application in accordance with the following conditions:
         PLANNING
                   When Conditions must be Complied With
         1.        Unless otherwise stated, all conditions of this Decision Notice must be complied
                   with prior to the use commencing, and then compliance maintained at all times
                   while the use continues.
                   Approved Plans
         2.        Development undertaken in accordance with this approval must generally comply
                   with the approved plans of development. The approved plans are listed in the
                   following table unless otherwise amended by these conditions.
              Plan No.   Rev.    Plan/Document Name                                          Date
              A1         C       Site Plan, prepared by Jim Morehead Building Design and     06/08/18
                                 Drafting as annotated by Council
              A2         B       Site Plan – Aerial View, prepared by Jim Morehead           06/08/18
                                 Building design and Drafting and as annotated by Council
              A3         B       Part Site Plan, prepared by Jim Morehead Building design    06/08/18
                                 and Drafting and as annotated by Council
              A4         A       2 Bedroom Cabin – Floor Plan & Elevations, prepared by      01/05/18
                                 Jim Morehead Building Design and Drafting
              A5         A       2 Bedroom Cabin, prepared by Jim Morehead Building          01/05/18
                                 Design and Drafting
         3.        The development must be undertaken and operated in a manner that causes no
                   detrimental effect upon the amenity of the neighbourhood by reason of the
                   creation of excessive noise, lighting nuisance or other emissions.
         Built Form
         4.        The cabins must be finished in colours that are muted/earth environmental tones
                   that blend with the natural environment.
         5.        Window hoods must be provided to all windows to provide weather protection.
         6.        Weatherboard cladding must be provided to at least 1 cabin in each Stage.

                                                                                            Page 1 of 9
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                               17 SEPTEMBER 2018


        7.    The maximum height of the development must not exceed that indicated on the
              approved plans.
              Performance Bond
        8.    Security in the form of a cash bond or trading bank guarantee to the sum of
              $3,000 must be submitted to Council prior to the issue of a Development Permit
              for Building Works, to secure the carparking and landscaping conditions of this
              approval. The cash bond or trading bank guarantee will be returned on
              performance of these conditions of approval less any costs incurred by Council
              in respect of enforcing performance of this permit. Council reserves the right to
              call upon the bond or guaranteed sum to effect compliance with conditions.
              Landscaping
        9.    Screening vegetation must be planted near the cabins in accordance with
              Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. In
              this regard screening trees must:
              a.   be planted to the north side and for the full length of the cabins and be
                   setback a minimum of 20m from the northern boundary;
              b.   be planted on the western side of Stage 1 cabins to screen the
                   development from the Pomona Kin Kin Road;
              c.   must have a minimum pot size of 75mm and consist of species Syzygium
                   smithii (formerly Acmena smithii), Waterhousia floribunda and Syzygium
                   francisii or similar native local species planted at a maximum spacing of 3
                   metre centres; and
              d.   be planted as part of the first stage of development.
        10.   Landscaping must be provided in-between the cabins as they are constructed.
              The landscaping must be in accordance with Council’s Planning Scheme Policy
              PSP 3 Landscaping Plants and Guidelines.
        Staging
        11.   The development may be staged in accordance with the stages shown on the
              Approved Plans. The development need not be completed sequentially in the
              stage order indicated on the Approved Plans provided the landscaping and
              carparking area to service the development and associated services are
              constructed as part of the first stage.
        Nature and Extent of Approved Use
        12.   The total number of cabins must not exceed 6 and a maximum of 2 bedrooms
              per cabin.
        13.   The cabins must be used for short term visitor accommodation only. The cabins
              must not be used for permanent accommodation.
        Water Supply
        14.   The development must be provided with a potable water supply connected to
              each cabin. The storage capacity of the potable water supply must be a
              minimum of 4000 litres per cabin.
        Waste Water Treatment and Disposal
        15.   The development must be provided with an on-site waste water treatment and
              effluent disposal system having a capacity sufficient for the use*.
              *(Refer to Advisory Note)
                                                                                  Page 2 of 9

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                 17 SEPTEMBER 2018


         Waste Storage
         16.   Waste storage and disposal facilities must be provided in accordance with
               Planning Scheme Policy 9, Waste Management.
         17.   All refuse and recycling containers must be suitably screened from neighbouring
               properties.
         ENGINEERING
         Site Access and Driveways
         18.   Approval from the Department of Transport and Main Roads for the final design
               and construction of the site access and driveway works must be submitted in
               writing to Council prior to the commencement of the use.
         Car Parking
         19.   A minimum of 7 car parking spaces must be provided and marked on the site as
               part of the first stage of development. The carparking area must be designed by
               a suitably qualified person and must be constructed with:
               a.    a suitably bound surface that minimises the impacts of dust and noise on
                     the proposed development and the adjoining property;
               b.    dimensions, crossfalls and gradients in accordance with Australian
                     Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009 for the relevant
                     user class.
         Stormwater Drainage
         20.   Stormwater runoff from the development must be disposed of on-site without
               causing scour or damage to the subject site or any adjoining property.
         Earthworks
         21.   All earthworks and associated batters must be contained entirely within the
               subject site unless written permission from the respective landowner(s) is
               provided to Council. All earthworks must be undertaken in accordance with the
               provisions of Australian Standard AS3798: Guidelines on Earthworks for
               Commercial and Residential Developments.
         Damage to Services and Assets
         22.   Any damage caused to existing services and assets as a result of the
               development works must be repaired at no cost to the asset owner at the
               following times:
               a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                     immediately; or
               b.    where otherwise, upon completion of the works associated with the
                     development.
               Any repair work which proposes to alter the alignment or level of existing services
               and assets must first be referred to the relevant service authority for approval.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                     Page 3 of 9

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     17 SEPTEMBER 2018


    Amendment
    Moved:               Cr Jackson
    Seconded:            Cr Pardon
    That the motion be amended to include a new Item C as follows:
    C.   Request the CEO to write to the owners of Lots 340 and 358 and convey that Council
         recommends that the neighbours seek mediation to resolve their respective concerns
         not related to the planning application.
                                                                                      Lost.
    Committee Recommendation
    Moved:               Cr Wellington
    Seconded:            Cr Stockwell
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 September 2018 regarding Application No. MCU18/0084 for a
    Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural
    (Cabins) situated at 340 Pomona Kin Kin Rd, Pinbarren Qld 4568, and
    A.   Approve the application in accordance with the following conditions:
         PLANNING
                   When Conditions must be Complied With
         1.        Unless otherwise stated, all conditions of this Decision Notice must be complied
                   with prior to the use commencing, and then compliance maintained at all times
                   while the use continues.
                   Approved Plans
         2.        Development undertaken in accordance with this approval must generally comply
                   with the approved plans of development. The approved plans are listed in the
                   following table unless otherwise amended by these conditions.
              Plan No.   Rev.    Plan/Document Name                                          Date
              A1         C       Site Plan, prepared by Jim Morehead Building Design and     06/08/18
                                 Drafting as annotated by Council
              A2         B       Site Plan – Aerial View, prepared by Jim Morehead           06/08/18
                                 Building design and Drafting and as annotated by Council
              A3         B       Part Site Plan, prepared by Jim Morehead Building design    06/08/18
                                 and Drafting and as annotated by Council
              A4         A       2 Bedroom Cabin – Floor Plan & Elevations, prepared by      01/05/18
                                 Jim Morehead Building Design and Drafting
              A5         A       2 Bedroom Cabin, prepared by Jim Morehead Building          01/05/18
                                 Design and Drafting
         3.        The development must be undertaken and operated in a manner that causes no
                   detrimental effect upon the amenity of the neighbourhood by reason of the
                   creation of excessive noise, lighting nuisance or other emissions.
         Built Form
         4.        The cabins must be finished in colours that are muted/earth environmental tones
                   that blend with the natural environment.
         5.        Window hoods must be provided to all windows to provide weather protection.
         6.        Weatherboard cladding must be provided to at least 1 cabin in each Stage.


                                                                                            Page 4 of 9

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                               17 SEPTEMBER 2018


        7.    The maximum height of the development must not exceed that indicated on the
              approved plans.
              Performance Bond
        8.    Security in the form of a cash bond or trading bank guarantee to the sum of
              $3,000 must be submitted to Council prior to the issue of a Development Permit
              for Building Works, to secure the carparking and landscaping conditions of this
              approval. The cash bond or trading bank guarantee will be returned on
              performance of these conditions of approval less any costs incurred by Council
              in respect of enforcing performance of this permit. Council reserves the right to
              call upon the bond or guaranteed sum to effect compliance with conditions.
              Landscaping
        9.    Screening vegetation must be planted near the cabins in accordance with
              Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. In
              this regard screening trees must:
              a.   be planted to the north side and for the full length of the cabins and be
                   setback a minimum of 20m from the northern boundary;
              b.   be planted on the western side of Stage 1 cabins to screen the
                   development from the Pomona Kin Kin Road;
              c.   must have a minimum pot size of 75mm and consist of species Syzygium
                   smithii (formerly Acmena smithii), Waterhousia floribunda and Syzygium
                   francisii or similar native local species planted at a maximum spacing of 3
                   metre centres; and
              d.   be planted as part of the first stage of development.
        10.   Landscaping must be provided in-between the cabins as they are constructed.
              The landscaping must be in accordance with Council’s Planning Scheme Policy
              PSP 3 Landscaping Plants and Guidelines.
        Staging
        11.   The development may be staged in accordance with the stages shown on the
              Approved Plans. The development need not be completed sequentially in the
              stage order indicated on the Approved Plans provided the landscaping and
              carparking area to service the development and associated services are
              constructed as part of the first stage.
        Nature and Extent of Approved Use
        12.   The total number of cabins must not exceed 6 and a maximum of 2 bedrooms
              per cabin.
        13.   The cabins must be used for short term visitor accommodation only. The cabins
              must not be used for permanent accommodation.
        Water Supply
        14.   The development must be provided with a potable water supply connected to
              each cabin. The storage capacity of the potable water supply must be a
              minimum of 4000 litres per cabin.
        Waste Water Treatment and Disposal
        15.   The development must be provided with an on-site waste water treatment and
              effluent disposal system having a capacity sufficient for the use*.
              *(Refer to Advisory Note)
                                                                                  Page 5 of 9

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                17 SEPTEMBER 2018


        Waste Storage
        16.   Waste storage and disposal facilities must be provided in accordance with
              Planning Scheme Policy 9, Waste Management.
        17.   All refuse and recycling containers must be suitably screened from neighbouring
              properties.
        ENGINEERING
        Site Access and Driveways
        18.   Approval from the Department of Transport and Main Roads for the final design
              and construction of the site access and driveway works must be submitted in
              writing to Council prior to the commencement of the use.
        Car Parking
        19.   A minimum of 7 car parking spaces must be provided and marked on the site as
              part of the first stage of development. The carparking area must be designed by
              a suitably qualified person and must be constructed with:
              a.    a suitably bound surface that minimises the impacts of dust and noise on
                    the proposed development and the adjoining property;
              b.    dimensions, crossfalls and gradients in accordance with Australian
                    Standards AS/NZS2890.1:2004 and AS/NZS2890.6:2009 for the relevant
                    user class.
        Stormwater Drainage
        20.   Stormwater runoff from the development must be disposed of on-site without
              causing scour or damage to the subject site or any adjoining property.
        Earthworks
        21.   All earthworks and associated batters must be contained entirely within the
              subject site unless written permission from the respective landowner(s) is
              provided to Council. All earthworks must be undertaken in accordance with the
              provisions of Australian Standard AS3798: Guidelines on Earthworks for
              Commercial and Residential Developments.
        Damage to Services and Assets
        22.   Any damage caused to existing services and assets as a result of the
              development works must be repaired at no cost to the asset owner at the
              following times:
              a.    where the damage would cause a hazard to pedestrian or vehicle safety,
                    immediately; or
              b.    where otherwise, upon completion of the works associated with the
                    development.
              Any repair work which proposes to alter the alignment or level of existing services
              and assets must first be referred to the relevant service authority for approval.
B.                  Note the report is provided in accordance with Section 63(5) of the
                    Planning Act 2016.
                                                                                        Carried.




                                                                                    Page 6 of 9

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                               17 SEPTEMBER 2018


2   CONSERVATION LAND GUIDELINES
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Principal Environment Officer to the Planning &
    Environment Committee Meeting dated 11 September 2018 and adopt:
    A.   The Conservation Land Guideline provided at Attachment 1 to the report which
         provides a mapping methodology to support the Environment Levy Land Acquisition
         Program and Private Landholder Conservation Partnerships Programs, with minor
         changes as authorised by the CEO;
    B.   The Revolving Fund Guideline provided at Attachment 2 to the report which provides
         a framework to implement a revolving fund, with minor changes as authorised by the
         CEO;
    C.   The Private Landholder Conservation Partnerships Guideline provided at Attachment
         3 to the report to guide the Voluntary Conservation Agreement (VCA) and Land for
         Wildlife (LfW) Programs, with minor changes as authorised by the CEO; and
    D.   The Fact Sheet - Conserving Land in Noosa Shire provided at Attachment 4 to the
         report.
                                                                               Carried.


3   LGAQ ANNUAL CONFERENCE PROPOSED MOTION - ELECTRONIC GAMING
    MACHINES
    Committee Recommendation
    Moved:            Cr Wellington
    Seconded:         Cr Jackson
    That Council note the report by the Director Environment & Sustainable Development to the
    Planning & Environment Committee Meeting dated 11 September 2018 and endorse the
    submission of the following motion to the Local Government Queensland annual conference
    for consideration and debate:
    “That the Local Government Association of Queensland advocates to the Department of
    State Development, Manufacturing, Infrastructure and Planning to amend planning
    legislation to define electronic gaming machines as a land use and permit planning schemes
    to address both the land use as well as the social impacts of electronic gaming machines on
    communities.”
                                                                                       Carried.



4   GUMTREE DRIVE PEDESTRIAN BRIDGE, COOROY - LONG-TERM OPTIONS
    Motion
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Manager Asset Planning to the Services & Organisation
    Committee Meeting dated 11 September 2018 and


                                                                                   Page 7 of 9

Section 8

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          17 SEPTEMBER 2018


    A.    Support the removal of the closed Gumtree Drive, Cooroy pedestrian bridge.
    B.    Authorise staff to investigate and cost three design options for a replacement
          pedestrian bridge to be the subject of a report back to a Council meeting within three
          months.

    Amendment No. 1
    Moved:              Cr Pardon
    Seconded:           Cr Stockwell
    That Item B of the motion be amended to read:
    B.  Authorise staff to investigate and cost three design options (with one of the options to
        be investigated to be a Landmark-style, pre-fabricated bridge) for a replacement
        pedestrian bridge to be the subject of a report back to a Council meeting within three
        months.
                                                                                       Carried.
    Amendment No. 2
    Moved:         Cr Jackson
    Seconded:      Cr Jurisevic
    Cr Stockwell declared a real conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) due to his contracting services to SEQwater for undertaking land asset
    classifications including identifying the suitability of land for recreational purposes, including land in
    this locality owned by SEQwater. Cr Stockwell left the meeting room for the debate and decision on
    this matter.
    That the motion be amended to include a new Item C as follows:
    C.    To concurrently undertake a research process designed to obtain an estimate of
          forecast bridge usage.
                                                                                Carried.
    Committee Recommendation
    Moved:        Cr Wilkie
    Seconded:     Cr Jurisevic
    That Council note the report by the Manager Asset Planning to the Services & Organisation
    Committee Meeting dated 11 September 2018 and
    A.    Support the removal of the closed Gumtree Drive, Cooroy pedestrian bridge;
    B.    Authorise staff to investigate and cost three design options (with one of the options to
          be investigated to be a Landmark-style, pre-fabricated bridge) for a replacement
          pedestrian bridge to be the subject of a report back to a Council meeting within three
          months;
    C.    To concurrently undertake a research process designed to obtain an estimate of
          forecast bridge usage.
                                                                                Carried.

    Cr Stockwell returned to the meeting.




                                                                                                Page 8 of 9

Section 9

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                 17 SEPTEMBER 2018


5   INFRASTRUCTURE CHARGES RESOLUTION AMENDMENT
    Committee Recommendation
    Moved:            Cr Wellington
    Seconded:         Cr Pardon
    That Council note the report by the Infrastructure Assessment Coordinator to the General
    Committee Meeting dated 17 September 2018 regarding amendment to the Infrastructure
    Charges Resolution and:
    A.   Adopt the “Noosa Shire Council Charges Resolution (No.3) 2018” provided at
         Attachment 1 to the report, to take effect on Monday 24 September 2018 replacing the
         “Noosa Shire Council Charges Resolution (No.2) 2014 (Amendment 1)”;
    B.   Authorise the Chief Executive Officer to:
         1.     Review infrastructure charge notices issued from 8 June 2018 (the date the
                current LGIP took effect) and where applicable for developments located outside
                the PIA, issue “Amended Infrastructure Charges Notices” removing the
                stormwater component of the charge;
         2.     Apply the annual indexation methodology in line with item 9.5 (3) “Automatic
                increase provision of levied charge” contained in the new “Noosa Shire Council
                Charges Resolution (No.3) 2018” for all infrastructure charges remaining to be
                paid that were issued from 1 July 2011 under all previous adopted “Council
                Charges Resolutions”; and
         3.     Continue to apply quarterly indexation using variations in the Consumer Price
                Index (CPI) for:
                i.    all infrastructure contributions and/or infrastructure charge notices
                      remaining to be paid that were issued prior to 1 July 2011 under the former
                      Planning Scheme Policies (PSP’s) contained as a condition of a
                      development permit and/or under the former Coastal Major Road Network
                      Infrastructure Charges Plan (CMRNICP); and
                ii.   all infrastructure charges and/or contributions being paid under delayed
                      staged payment or other infrastructure agreements.
                                                                                      Carried.


6   FINANCIAL PERFORMANCE REPORT - AUGUST 2018
    Committee Recommendation
    Moved:        Cr Wellington
    Seconded:     Cr Wilkie
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 17 September 2018 outlining August 2018 year to date financial performance
    against budget.
                                                                                     Carried.




                                                                                    Page 9 of 9

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