Original source · versioned page text
2022-12-06 Planning & Environment Meeting Agenda
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
AGENDA
Planning & Environment
Committee Meeting
Tuesday, 6 December 2022
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalLog in to download the original file
Large file: the download may take up to a minute.
Searchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 32 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4 DEPUTATIONS 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU22/0060 - PLANNING & ENVIRONMENT COURT APPEAL NO BD2147 OF
2022 – APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT,
SUNRISE BEACH 4
2 SSL22/0815 - PLANNING & ENVIRONMENT COURT APPEAL NO D136 OF 2022 –
APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 365 DAVID
LOW WAY, PEREGIAN BEACH 11
3 SSL22/1774 - PLANNING & ENVIRONMENT COURT APPEAL NO D156 OF 2022 –
APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 1/18 EDWARD
ST, NOOSAVILLE 13
4 CLIMATE CHANGE RESPONSE GRANTS –ROUND TWO 2022/23 15
6. REPORTS FOR NOTING BY THE COMMITTEE 19
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
OCTOBER 2022 19
7. CLOSED SESSION 33
Page 2 of 33
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 8 November 2022
be received and confirmed.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 33
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0060 - PLANNING & ENVIRONMENT COURT APPEAL NO BD2147 OF 2022 –
APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE
BEACH
Author Acting Manager Development Assessment Patrick Murphy
Environment & Sustainable Development
Index ECM/ Application/ MCU22/0060/ Case/ Sunshine Enterprises Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
This report provides advises Council that an appeal has been lodged against a decision made
under delegation by officers to refuse a dual occupancy development at 6 Margit Crescent, Sunrise
Beach.
The application was refused by officers due to non-compliance with the Noosa Plan 2020
requirements for site cover, plot ratio, asymmetrical design and stormwater design concerns.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 in relation to Planning & Environment
Court Appeal BD2147 of 2022 and approve the defence of the appeal.
REPORT
On 19 August 2022 Council officers under delegation refused a development application for a dual
occupancy at 6 Margit Crescent, Sunrise Beach for the following reasons:
1. The proposal results in a development that does not comply with the following provisions of
the Noosa Plan 2020 Medium Density Residential Zone Code in respect to the following:
a. Overall Outcome (2)(c) and PO9 as the proposal does not maintain a low scale
character consistent with the look and feel of the neighbourhood and will have a built
form that presents an appearance of bulk to adjacent properties and the streetscape.
b. Overall Outcome (2)(g) as the proposal does not include small dwellings to increase
housing choice.
c. Performance Outcomes PO9 and PO10 as the proposed site cover exceeds 40% of
the site area and the proposed dwelling units are not small dwellings;
d. Performance Outcome PO11 as the proposed plot ratio exceeds 0.4:1 and the
proposed dwelling units are not small dwellings.
e. Acceptable Outcome AO14.1 and Performance Outcome PO14 as the proposed
development
i. does not provide sufficient visual interest to the street as it has not satisfactorily
highlighted the individual dwelling units and provided an asymmetrical design
street presentation and
Page 4 of 33
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
ii. Does not satisfactorily incorporate individual design elements and take the form
of small separate buildings.
2. The proposed stormwater design is contrary to the Water Quality and Drainage Code as it is
not designed to be cost effective across its design life as the design has a high potential to
fail and consequently impact the systems overall ability to function as intended.
The application was refused under delegation after discussions with the applicant wherein officers
recommended that the applicant stop the clock in order to have further discussions about the
proposal’s non-compliance with the planning scheme requirements.
The proposed dual occupancy is two storeys, with each unit comprising living areas and a double
garage on the ground floor and 3 bedrooms (each having an ensuite) and a multi-purpose room
on the upper floor. A large covered patio and pool is detailed for each unit to the rear. The
application was required to follow a code assessment process and so no public notification was
required for comment from the community.
Figure 1 – Site Locality
Page 5 of 33
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
Figure 2 – Site Plan
Figure 3 – Lower Floor Plan
Page 6 of 33
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
Figure 4 – Upper Floor Plan
Figure 5 – Front Elevation
Page 7 of 33
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
The officer assessment concluded that while the proposed dual occupancy was a consistent use
for the area being zoned medium density residential and intended for unit developments, a number
of important built form and design elements were not met by the proposal plans.
The proposed development exceeded the maximum site cover and plot ratio sought for the area,
with a 0.45:1 plot ratio proposed instead of 0.4:1 being a performance outcome of the planning
scheme. The proposed units were also not small dwelling units and so were not eligible for bonus
plot ratio provisions under the planning scheme, with existing units in Margit Crescent and Ventura
Street predominantly well below the proposal’s site cover and plot ratio as highlighted in the table
below.
The proposal also presented an asymmetrical design and did not satisfactorily highlight the
individual units through individual design variation.
The most applicable Code provisions are included below for Council’s reference.
Performance Outcomes Acceptable Outcomes
Building Scale and Bulk No acceptable outcome provided.
PO9
Development:
1. is of a scale compatible with surrounding
development and the particular
circumstances of the site; and
2. does not present an appearance of bulk to
adjacent properties, roads or other areas
in the vicinity of the site.
Site Cover AO10
PO10 For a dwelling house, site cover does not exceed 40% of
Site cover of development: the site area.
1. does not exceed 40% of the site area; or
2. for small dwellings or for development Alternative provision to the QDC
which provides a ratio of at least
three small dwellings to one
other dwelling, does not exceed 45% of
the site area.
Plot Ratio AO11
PO11 For a dwelling house, plot ration of development does not
Plot ratio of development: exceed 0.4:1
1. does not exceed 0.4:1; or
2. for small dwellings or for development
which provides a ratio of at least
three small dwellings to one
other dwelling, does not exceed 0.5:1.
Streetscape AO14.1
PO14 Development provides visual interest to the street and
Development: surrounding areas through:
1. contributes positively to the locality; 1. highlighting individual dwellings and land
2. addresses and enhances the streetscape uses;
by incorporating articulation and individual 2. an asymmetrical design presentation to
design elements that add visual interest to the street;
the development; 3. offsetting or staggering dwellings to
3. has a form and architectural scale that provide variation in the frontage;
does not dominate the streetscape or the 4. varying the roof form
surrounding properties;
4. does not detract from the visual amenity of
adjoining properties through the impact on
views, access to sunlight or overlooking;
Page 8 of 33
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
5. takes the form of small separate buildings,
rather than large single bulky
development; and
6. sits within a landscaped setting.
Address Site Cover Plot Ratio Date Approved
1 Margit Crescent 30% 0.46:1 02/02/1988 (TPC 1989)
4 Margit Crescent 31% 0.36:1 01/11/1996 (TPC 1391)
5 Margit Crescent 45% 0.42:1 22/08/1991 (TPC 2723)
7 Margit Crescent 34% (aerial) Not available
8 Margit Crescent 34% 0.27:1 21/04/1994 (TPC 2677)
10 Margit Crescent 45% 0.33:1 21/01/1981 (TPC 1295)
11 Margit Crescent 40% 0.45:1 MCU20/0037 - NP2006
12 Margit Crescent 23% 0.23:1 21/02/1980 (TPC 1077)
14 Margit Crescent Not available
15 Margit Crescent 31% 0.26:1 17/09/1980 (TPC 1195)
16 Margit Crescent 26% 0.20:1 14/04/1980 (TPC 1021)
17 Margit Crescent 33% 0.40:1 02/02/1988 (TPC 1991)
21 Margit Crescent 38% 0.23:1 24/02/1980 (TPC 1158)
23 Margit Crescent 27.8% 0.39:1 08/12/0988 (TPC 2150)
5 Ventura Street 35% 0.45:1 26/02/2020 (MCU19/0143) -
NP2006
23 Ventura Street 30% 0.37:1 15/09/1994 (TPC 2743)
Table 1 – Comparison of Plot Ratios in Surrounding Area
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
It is relevant to note that this is the second appeal lodged by this applicant against a refusal of a
dual occupancy on a property in Margit Crescent, Sunrise Beach for non-compliance with built form
and design parameters. This first appeal was eventually settled by Council when amended plans
were lodged by the applicant meeting the planning scheme’s Noosa Plan 2006 built form and
design requirements.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynee Macartney – Tim Quirk
Page 9 of 33
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health 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 10 of 33
Section 11
GENERAL COMMITTEE MEETING REPORT 6 DECEMBER 2022
2 SSL22/0815 - PLANNING & ENVIRONMENT COURT APPEAL NO D136 OF 2022 –
APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 365 DAVID LOW
WAY, PEREGIAN BEACH
Author Acting Manager Development Assessment Patrick Murphy
Environment & Sustainable Development
Index ECM/ Application/ SSL22/0815/ Case/ Johnston
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 in relation to Planning & Environment
Court Appeal D136 of 2022 and approve the defence of the appeal.
REPORT
On 24 June 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of a dwelling at 365 David Low Way, Peregian Beach for short stay letting for the
following reasons:
1. A review of the Council’s records show that no building approval has been issued for the
renovations undertaken in recent times to the dwelling, including conversion of the garages
to bedrooms. The use of the property for short term accommodation therefore did not lawfully
commence prior to the commencement of the Noosa Plan 2020 on 31 July 2020.
The property does not meet the requirements of Schedule 21A – Operation of short stay
letting or home hosted accommodation – section 4(b) of Subordinate Local Law No. 1
(Administration) 2015 that the short stay letting can be lawfully conducted on the premises
(i.e. is authorised by either a development approval, accepted development requirements in
Noosa Plan 2020 or by lawful existing use rights).
The applicant was also advised at the time that as the use of the premises for short term
accommodation is not lawful, the use must cease within 6 weeks from the date of the refusal notice.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, suggesting the property had existing use rights as the “work
done on this property has been internal plastering and bathroom updates and flooring. There has
been no structural work done inside or outside of the property and no work that would determine a
permit.
I have had working drawings done for a deck extension and new garage however none of this work
has been done. When this work does get done as a qualified builder I would always seek a permit
prior to doing this work.
Please reconsider this decision and grant the short stay permit. As it has been lawfully operated
for nearly 5 years.”
Page 11 of 33
Section 12
GENERAL COMMITTEE MEETING REPORT 6 DECEMBER 2022
The review concluded the following:
The conversion of non-habitable floor space, such as garages, requires a building permit including
compliance with the Low Density Housing Code and onsite car parking requirements in the
Driveways and Parking Code. Council has no record of a building permit being issued for the works
and therefore the conversion of the garages to bedrooms underneath the house is not lawful. A
premises must be lawful at the time of commencement of short term accommodation to
demonstrate existing lawful use rights.
Your request for review has not provided any further supporting information to further demonstrate
the short term accommodation use was lawful at the time of its commencement, specifically
demonstration of a building permit for the works underneath the house.
On this basis the application made for the short term accommodation use of 5 bedrooms and 13
guests is refused.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for short stay letting
is lawful and whether building works are approved or not does not determine the lawful use of the
premises.
It is relevant to note that a number of complaints have been received about the operation of short
term accommodation from this property, relating to noise from large groups of people staying on
site.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement x 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 12 of 33
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
3 SSL22/1774 - PLANNING & ENVIRONMENT COURT APPEAL NO D156 OF 2022 –
APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 1/18 EDWARD ST,
NOOSAVILLE
Author Acting Manager, Development Assessment, Patrick Murphy
Environment & Sustainable Development
Index ECM/ Application/ SSL22/1774/ Case/ Jarsash Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 in relation to Planning & Environment
Court Appeal D156 of 2022 and approve the defence of the appeal.
REPORT
On 13 September 2022 Council officers under delegation refused an application under Council’s
Local Laws for the use of a single dwelling unit within a duplex at 18 Edward Street, Noosaville for
short stay letting for the following reasons:
1. On 12 August 2014, the premises at 18 Edward Street, Noosaville was approved under the
Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU14/0045.
Under the provisions of the Noosa Plan, Multiple Housing Type 2 - Duplex did not allow for
visitor or short term accommodation use of the premises.
The use of 1/18 Edward Street, Noosaville for short term accommodation is currently unlawful
and an approval under the local law cannot be issued for an unlawful use.
The applicant was also advised at the time that as the use of the premises for short term
accommodation was unlawful, the use must cease within 6 weeks from the date of the refusal
notice.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, suggesting the property had existing use rights pursuant to the
duplex approval for the site and Council accepted these existing use rights through the rating of
the property.
The review concluded the following:
1. The property has no development approval for Visitor Accommodation under the Noosa Plan
2006 or Short Term Accommodation under the Noosa Plan 2020.
2. The property was not used for short stay letting prior to the commencement of the Noosa
Plan 2006 on 3 February 2006 and does not otherwise have the benefit of existing lawful use
rights that would permit the short stay letting of the property more than 4 times and 60 nights
per year.
3. The site was approved as a Multiple Housing Type 2 – Duplex on 12 August 2014, this use
does not allow for the premise to be used for short term accommodation. Short-term
accommodation uses were separately defined by the Noosa Plan 2006 (Visitor
Accommodation).
Page 13 of 33
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
4. The property does not meet the requirements of Schedule 21A – Operation of Short Stay
Letting or Home Hosted Accommodation – section 4(b) & (e) of Subordinate Local Law No.
1 (Administration) 2015 that the Short Stay Letting can be lawfully conducted on the premises
(i.e. is authorised by either a development approval, accepted development requirements in
Noosa Plan 2020 or by lawful existing use rights).
5. In terms of your submission regarding the tourism levy and rating, extracts from the rating
notices are attached to the review which advise it is the owner’s responsibility to ensure an
appropriate development approval is in place to operate the use under the planning scheme.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for short stay letting
is lawful.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement x 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 14 of 33
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
4 CLIMATE CHANGE RESPONSE GRANTS –ROUND TWO 2022/23
Author Carbon Reduction Officer, Anne Nolan
Environment and Sustainable Development Department
Index ECM/Environmental Grants
Attachments Nil
EXECUTIVE SUMMARY
This report seeks to confirm recommendations for Round 2 of the 2022-23 Climate Change
Response Grants.
RECOMMENDATION
That Council note the report by the Carbon Reduction Project Officer to the Planning & Environment
Committee Meeting dated 6 December 2022 and
A. Approve the Climate Change Response Grants recommendations as outlined in this report;
and
B. Retain available grant funds for the next funding round scheduled to be released in early 2023.
REPORT
Climate Change Response Grants are included under the Environment Grant Policy to assist in the
implementation of the Climate Change Response Plan and achieve the outcomes of the Sustainable
Living and Climate Change Adaptation and Resilience strategies under the Environment Strategy
2019.
The purpose of this report is to present recommendations for the latest round of the Climate Change
Response Grants.
1. CLIMATE CHANGE RESPONSE GRANTS – ROUND TWO 2022/23
The 2022/23 Noosa Council Budget allocated $50,000 to the Climate Change Response Plan grants
program. In Round 1 of 2022/23 Climate Change Response Grants, $32,227 were allocated to three
applications as discussed in the previous Council Report of 4 June 2022. As a result, $17,773
remained available to allocate to projects in Round 2 of the 2022/23 climate change response grant
program.
The Climate Change Response Grants seek to support initiatives that accelerate community-led
climate action at the local level. These grants are intended to mobilise the community, support
vulnerable people, provide initiatives to reduce carbon emissions and create a more sustainable
Noosa.
2. PROMOTION
The Climate Change Response Grants opened for applications on Friday 30 September and closed
31 October.
Promotion for this round of grant opportunities included:
• E-newsletter to 300 not-for-profit community groups
• Social media
• Individual contact with specific community groups
Page 15 of 33
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
3. APPLICATIONS
Two (2) applications were received:
• Zero Emissions Noosa Inc – Walking and Cycling Noosa 2030
• Cooran Earth Rights - Cooran Community Garden
4. ASSESSMENT
Each application was checked for eligibility against the relevant Noosa Council Grants Policy and
the Climate Change Response Plan Guidelines. Applications were then reviewed and assessed by
a member of the Environment Services Team with experience assessing grants and climate change
expertise. These recommendations were moderated by the team members of the Strategic Planning
Team with expertise in climate change adaptation and emissions reduction.
Each application was assessed according to the following criteria:
1. Contribution to priority outcomes of the Climate Change Response Plan/Environment
Strategy
2. Likelihood of success
3. Magnitude of impact of emissions reduction/adaptation and resilience
4. Value for money
5. Demonstrated need for the project
6. Demonstrated need for the funding
7. Contributions, financial or in kind, toward the project
8. Capability of the organisation to deliver the project.
5. ASSESSMENT OUTCOMES
Table 1 Assessment Outcomes outlines the project, the requested funding and Council’s funding
recommendation and rationale for the funding decision.
6. RECOMMENDATION
Due to the reasons outlined in Table 1 below, $0 have been allocated to the applications received in
the Climate Change Response Grants Round 2 - 2022/23. The $17,773 will be carried forward to
the Climate Change Response Plan Grants Round 1 2023/24 which will open for applications in the
first quarter of 2023.
Page 16 of 33
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 6 DECEMBER 2022
Project Requested by Description Requested Recommend- Funding decision rationale
Funding ed funding
Walking & Cycling ZEN Inc Walking & Cycling Strategy has 385 projects for $10,363 $0 This was a high calibre application.
Noosa 2030 2040 completion. De-carbonising transport is a However Paid Parking is currently
priority. Paid visitor parking requires a funding being considered as part of a number
stream to bring forward the 2040 actions to of Council Strategies including the
2030 or sooner. Transport Strategy and as such
The proposed grant project involves engaging engagement with the community is
with NSC communities to: not warranted at this time until further
1. Seek views on paid visitor parking to work is progressed internally. Council
fund 2 & 3 has commenced an Urban Greening
2. Identify Cycling & Walking Plan project to help prioritise canopy trees
priorities to bring forward in public areas and along the
3. Seek views on shade tree planting pathways network for shade and heat
priority pathways mitigation.
Support of NRRA, PBCA, Bike On, Ecotek,
CARA
Cooran Community Cooran Earth The grant proposal is to establish a community $15,660 $0 This was also a well-prepared
Garden Rights auspiced garden in King Street Park, Cooran. application with strong rationale and
by Noosa & The proposal notes that locating the community merit. King Street Park has been
District Landcare garden in King Street Park will also create identified as requiring an overall
synergy with Cooran’s creative community and masterplan to achieve the
local businesses including the health and community’s broad ranging
wellness practices. objectives. A community garden
could fit within the masterplan for this
park, however a plan for a community
garden is seen as premature until the
masterplan has been further scoped
and developed. The proposal has
been forwarded to relevant areas of
council for further consideration as
part of the masterplan.
Table 1:Assessment outcomes and rationale
Page 17 of 33
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Previous Council Consideration
Ordinary Meeting Minutes, 16 June 2022, Item 5, Page 8
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 7 June 2022 and approve the Climate Change Response
Grants as outlined in Attachment 1 to this report.
Ordinary Meeting Minutes, 16 December 2021, Item 5, Page 14
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 07 December 2021 and approve the Environment Project
Grants as outlined in Attachment 1 to the report and;
A. Request the CEO review the grant guidelines and eligibility and scoring criteria relating to
the community implementation of the Climate Change Response Plan to prioritise projects
that can demonstrate meaningful progress towards its targets through the reduction of
greenhouse gas emissions and/or the initiation of priority adaptation actions identified in
the plan.
Finance
Funding for the Environment Grants was allocated as part of the 2022/23 budget process. A budget
of $50,000 was allocated to the Climate Change Response category.
Risks & Opportunities
All applications have been received and reported on consistent with the relevant Noosa Council
grants policies to reduce the risk of misuse of funds. Any conflicts of interest arising during the
assessment or moderation processes were noted.
Consultation
External Consultation - Community & Stakeholder
All applicants were required to contact a Council officer prior to their application.
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 Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 18 of 33
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
6. REPORTS FOR NOTING BY THE COMMITTEE
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
OCTOBER 2022
Author Development Assessment Acting Manager, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Subject/ All Applications
Attachments 1 List of Applications decided by Delegated Authority – October 2022
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Acting Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 regarding planning applications that
have been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Page 19 of 33
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Attachment 1 lists applications that are decided by delegated authority during the month of
October 2022 (excluding applications seeking to remove a tree(s) adjacent to a building or
structure):
Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
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 20 of 33
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 21 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Attachment 1
Decision Issued Under Delegated Authority
1 Application ID: 131998.981126.5
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Noosa Christian Outreach Church
Registered Plan: Lot 1 SP 248151
Location: 202 Eumundi Noosa Road Noosaville
Proposal: 12621 DA - Change to DA - New Storage Shed, Awning & BBQ Roof Cover ( New
building - Place of Worship) - Noosa Christian Outreach Centre - Brennan Planning
Decision: Approved
Decision Made Date: 21/10/2022
2 ~~ Application ID: 131999.982622.7
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Woolworths Limited
Registered Plan: Lot 1 SP 115778
Location: 4-24 Gibson Road Noosaville
Proposal: 16286 DA - Change to DA - Conversion of 6 Car Spaces to Direct to Boot Spaces with
Overhead Canopy (Additions to shopping centre) - Woolworths Ltd - Alan Holliday Pty Ltd
Consulting Town Planners
Decision: Approved
Decision Made Date: 07/10/2022
3 = Application ID: 131999.982963.6
Application Type: Material Change of Use - Minor Change to Approval
Applicant: lan Ross Wilson, Robyn Joan Wilson
Registered Plan: Lot 2 SP 186498, Lot 5 SP 174659
Location: Viridian 18 Bayview Road Noosa Heads
Proposal: 12592 DA - Pre Request Response - Change to DA for Existing Dwelling - Robyn & Ross
Wilson - Martoo Consulting
Decision: Agree
Decision Made Date: 27/10/2022
Page 21 of 33Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 22 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
4 Application ID: 132000.200272.3
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Cammeray Investments Pty Ltd
Registered Plan: Lot 366 SP 137432
Location: 48-54 Duke Street Sunshine Beach
Proposal: 20026 DA - Change to DA - Remove Powered Lift & Install Ramp (Restaurant (x 3) -
Cammeray Investments Pty Ltd - Pure Building Approvals
Decision: Approved
Decision Made Date: 10/10/2022
5 Application ID: 132006.823.10
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Project BA
Registered Plan: SP 190823, SP 151409
Location: Viridian Noosa 3 Morwong Drive Noosa Heads
Proposal: Change to DA - Add Storage Shed (Visitor Accommodation Type 4 - Resort, Entertainment &
Dining Type 1 Food & Beverages (Conference Room & Restaurant), Retail Busines s Type 2
Shop, Commercial Business Type 2 Medical (Health Spa) - Project BA
Decision: Approved
Decision Made Date: 07/10/2022
6 = Application ID: 51988.2767.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Body Corp - Cote D'Azur CTS 5299
Registered Plan: BUP 10040
Location: Cote D'Azur 6 Douglas Street Sunshine Beach
Proposal: TPC 2104 - Change to DA- Changes to Roof Design (Multiple Dwelling 12 Units) Body
Corporate for Cote D'Azur CTS 5299 - Project Urban
Decision: Approved
Decision Made Date: 06/10/2022
Page 22 of 33Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 23 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
7 Application ID: DBW/21/0183
Application Type: Building Works - Code
Applicant: Jill W Smith, Peter R Smith
Registered Plan: Lot 590 RP 48112
Location: 22 Park Crescent Sunshine Beach
Proposal: Dwelling House (Coastal Protection) - Peter & Jill Smith - Martoo Consulting
Decision: Approved
Decision Made Date: 07/10/2022
8 Application ID: DBW/22/0013.01
Application Type: Building Works - Minor Change to Approval
Applicant: Tracey Selywn Thew
Registered Plan: Lot 2 SP 148915, SP 148915
Location: 2/2255 David Low Way Peregian Beach
Proposal: Change to DA - Alterations & Additions to Unit 2 - Tracey Sellwyn Thew - Brennan
Planning Pty Ltd
Decision: Approved
Decision Made Date: 19/10/2022
9 Application ID: DBW/22/0035.01
Application Type: Building Works - Minor Change to Approval
Applicant: Project BA
Registered Plan: Lot 1 RP 190261
Location: 79 Skyring Creek Road Federal
Proposal: Change to DA - Change to Setbacks (Shed in Riparian Buffer Zone) - Project BA
Decision: Approved
Decision Made Date: 07/10/2022
Page 23 of 33Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 24 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
10 Application ID: DBW22/0118
Application Type: Building Works - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 26 RP 884843
Location: 40 Green Gate Road Cooroibah
Proposal: Shed (Structures exceeding 500sqm) - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 11/10/2022
11. Application ID: DBW22/0123
Application Type: Building Works - Code
Applicant: Project BA
Registered Plan: Lot 14 RP 216727
Location: 4 Brush Box Lane Federal
Proposal: Shed (Cut & Fill, Landslide & Setback) - Project BA
Decision: Approved
Decision Made Date: 27/10/2022
12 Application ID: DBW/22/0128
Application Type: Building Works - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 5 RP 854238
Location: 373 Schreibers Road Cooran
Proposal: Shed (Agricultural Land & Setbacks) - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 19/10/2022
Page 24 of 33Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 25 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
13 Application ID: DBW22/0138
Application Type: Building Works - Code
Applicant: G E Johnson, D G Johnson
Registered Plan: Lot 4RP 179378
Location: 1320 Cooroy Belli Creek Road Ridgewood
Proposal: Secondary Dwelling (Agricultural Land) - Donald & Gail Jonnson- Brennan Planning Pty Ltd
Decision: Approved
Decision Made Date: 17/10/2022
14 Application ID: DBW/22/0150
Application Type: Building Works - Code
Applicant: Julie Kelly, Kieran Kelly
Registered Plan: Pt B Lot 3 RP 187541
Location: 149 Pomona Kin Kin Road Pinbarren
Proposal: Secondary Dwelling (over 65sqm) - Kieran & Julie Kelly - Fluid Building Approvals
Decision: Approved
Decision Made Date: 13/10/2022
15 Application ID: EXE22/0017
Application Type: Exemption Certificate - Planning Act Request
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 536 RP 48112
Location: 2/7 Adams Street Sunshine Beach
Proposal: Exemption for Code Assessment for Landslide - EarthCert
Decision: Approved
Decision Made Date: 26/10/2022
Page 25 of 33Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 26 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
16 Application ID: EXE22/0018
Application Type: Exemption Certificate - Planning Act Request
Applicant: Brennan Planning Pty Ltd
Registered Plan: Lot 5 RP 227335
Location: 528 Black Mountain Road Black Mountain
Proposal: Exemption from Code Assessment for Landslide — Brennan Planning
Decision: Approved
Decision Made Date: 04/10/2022
17 Application ID: EXE22/0022
Application Type: Exemption Certificate - Planning Act Request
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 7 RP 216195
Location: 70 Robinson Road Como
Proposal: Exemption from Code Assessment for Pool in Landslide - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 06/10/2022
18 Application ID: MCU17/0004.04 & REC17/0002.04
Application Type: Material Change of Use & Boundary Realignment & Access Easement - Minor Change to
Approval
Applicant: Greg Tyquin
Registered Plan: Lot 2 SP 293288, SP 293288
Location: River Homes on Elizabeth 2 46 & 48 Elizabeth Street Noosaville
Proposal: Combined Change to DA - Add Shed to House 4 (Multiple Housing Type 2 (2x
Duplex) - Lynne Tyquin - Gregg Tyquin
Decision: Approved
Decision Made Date: = 27/10/2022
Page 26 of 33Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 27 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
19 Application ID: MCU18/0189.02
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Australasian Conference Association Limited
Registered Plan: Lot 9 RP 209025
Location: 20 Cooroy Belli Creek Road Cooroy
Proposal: Change to DA - Increase in Student Numbers (Education Type 2 School (Extension
to existing school) - Australasian Conference Association Limited - Gaskell
Planning Consulting
Decision: Approved
Decision Made Date: 04/10/2022
20 Application ID: MCU22/0083
Application Type: Material Change of Use - Code
Applicant: EdwardsAndCo
Registered Plan: Lot 4 BUP 105546
Location: Noosaville Central 4/11 Gibson Road Noosaville
Proposal: Shop (Hairdresser) - Edwards and Co - RG Strategic
Decision: Approved
Decision Made Date: 19/10/2022
21 Application ID: MCU22/0104 & OPW22/0161
Application Type: Material Change of Use & Operational Works- Code
Applicant: Mahadevan-Wilson & Ramana DS Trust
Registered Plan: Lot 17 RP 90014
Location: 23 Coral Tree Avenue Noosa Heads
Proposal: Combined DA - Dual Occupancy - Mahadevan -Wilson & Ramana DS Trust - Adams +
Sparkes Town Planning
Decision: Approved
Decision Made Date: = 27/10/2022
Page 27 of 33Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 28 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
22 Application ID: MCU22/0135
Application Type: Material Change of Use - Code
Applicant: Rhys Lachlan Wiseman, MoniqueSarah Wiseman
Registered Plan: Lot 13 RP 800338
Location: 49 Donnellys Road Ridgewood
Proposal: Dwelling House & Secondary Dwelling - Rhys & Monique Wiseman - PPlan
Decision: Approved
Decision Made Date: 07/10/2022
23 Application ID: MCU22/0138
Application Type: Material Change of Use - Code
Applicant: Project BA
Registered Plan: Lot 1 RP 162745
Location: 1534 Louis Bazzo Drive Cootharaba
Proposal: Dwelling House (Shed) - Project Ba
Decision: Approved
Decision Made Date: 19/10/2022
24 Application ID: OPW19/0266.02
Application Type: Operational Works - Minor Change to Approval
Applicant: Hutchinson Builders
Registered Plan: Lot 1 SP 286680, Lot 1 SP 286680
Location: 215 David Low Way Peregian Beach
Proposal: Minor Change Landscaping, Stormwater, Earthworks, Access & Carparking - J Hutchinson
Pty Ltd
Decision: Approved
Decision Made Date: 25/10/2022
Page 28 of 33Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 29 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
25 Application ID: OPWV/21/0332
Application Type: Operational Works - Code
Applicant: Kathleen Lynette Roy TTE
Registered Plan: Lot 3 SP 170088
Location: 26 Sallwood Court Pinbarren
Proposal: Earthworks - Kathleen Ford
Decision: Approved
Decision Made Date: 10/10/2022
26 Application ID: OPW/22/0133
Application Type: Operational Works - Code
Applicant: Desiree Van Den Heuvel
Registered Plan: Lot 131 CP 852091
Location: 3 Coconut Grove Castaways Beach
Proposal: Vehicle Crossover - Desiree Van Den Heuvel
Decision: Approved
Decision Made Date: 28/10/2022
27 Application ID: OPW/22/0194
Application Type: Operational Works - Code
Applicant: Mark Bain Constructions Pty Ltd
Registered Plan: Lot 47 RP 860577
Location: 60 Glenridge Drive Cooroibah
Proposal: Road work, Drainage work, Stormwater, Earthworks, Electrical Reticulation - Mark
Bain Constructions Pty Ltd C/- Tod Consulting
Decision: Approved
Decision Made Date: 28/10/2022
Page 29 of 33Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 30 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
28 Application ID: OPW22/0197
Application Type: Operational Works - Code
Applicant: ARCOS UNIT GROUP PTY LTD
Registered Plan: Lot 106 RP 41223
Location: 27 Hilton Terrace Tewantin
Proposal: Drainage work, Landascaping, Stormwater, Earthworks, Frontage works - ARCOS UNIT
GROUP PTY LTD
Decision: Approved
Decision Made Date: 21/10/2022
29 Application ID: OPW22/0204
Application Type: Operational Works - Code
Applicant: Abbey & Rick Anderson
Registered Plan: Lot 10 RP 28718
Location: 54 Ward Street Tewantin
Proposal: Stormwater, Vehicle crossover, Carparking - Abbey & Rick Anderson C/- Adams +
Sparkes Town Planning
Decision: Approved
Decision Made Date: 17/10/2022
Page 30 of 33Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 31 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
30 Application ID: OPW22/0218
Application Type: Operational Works - Code
Applicant: Contour Consulting Engineers Pty Ltd
Registered Plan: Lot 4 RP 72903,Lot 4 RP 77225, Lot 2 RP 72903
Location: 4-6 Hay Street & 51 Ward Street Tewantin
Proposal: Drainage work, Stormwater, Landscaping, Earthworks - Contour Consulting
Engineers Pty Ltd
Decision: Approved
Decision Made Date: 31/10/2022
31 Application ID: OPW22/0236
Application Type: Operational Works - Code
Applicant: Leighton Charles Egel
Registered Plan: Lot 9 SP 110896
Location: 2 Appleberry Lane Tewantin
Proposal: Vehicle crossover - Leighton Egel
Decision: Approved
Decision Made Date: 11/10/2022
32 Application ID: OPW/22/0237
Application Type: Operational Works - Code
Applicant: Kerry Henry Dale
Registered Plan: Lot 33 RP 839220
Location: 7 Riverbreeze Avenue Noosaville
Proposal: Vehicle Crossover - Kerry Dale
Decision: Approved
Decision Made Date: 11/10/2022
Page 31 of 33Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
Page 32 of 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
33 Application ID: RAL22/0006
Application Type: Reconfiguring a Lot - Code
Applicant: Robert L Clem
Registered Plan: Lot 134 MCH 181
Location: 74 Pender Creek Road Kin Kin
Proposal: Lot Reconfiguration (1 lot into 2) - Bob Clem - Murray & Associates (Qld) Pty Ltd
Decision: Approved
Decision Made Date: 11/10/2022
34 Application ID: RAP20/0048.02
Application Type: Referral Agency Planning - Minor Change to Approval
Applicant: Yvonne Margaret Larmar
Registered Plan: Lot 833 SP 102579
Location: 34 The Promontory Noosaville
Proposal: Change to RAP - Two to One Storey - Setback & Parapet (Dwelling House roof form and
setbacks) - YM Larmar - NRA-CO-LAB
Decision: Approved
Decision Made Date: 12/10/2022
35 Application ID: RAP21/0006.01
Application Type: Referral Agency Planning - Minor Change to Approval
Applicant: Katie Jane Milliken, Bradley Daniel Milliken
Registered Plan: Lot 104 P 9311
Location: 18 Pelican Street Peregian Beach
Proposal: Change to RAP - Add Rooftop Terrace (Additions to Dwelling House (Height) - Katie
Jane & Bradley Daniel Milliken
Decision: Approved
Decision Made Date: 20/10/2022
Page 32 of 33Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 6 DECEMBER 2022
7. CLOSED SESSION
Nil.
Page 33 of 33