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2016-11-08 Planning & Environment Agenda
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MINUTES
Ordinary Meeting
Thursday, 20 October 2016
6pm
Cooroy Sports Hub, 6 Opal Street, Cooroy
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING MINUTES 20 OCTOBER 2016
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Rogers, Director Community Services
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jackson
Seconded: Cr Glasgow
The Minutes of the Ordinary Meeting held on 15 September 2016 be received and
confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 17
Section 3
ORDINARY MEETING MINUTES 20 OCTOBER 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE MEETING RECOMMENDATIONS
14 OCTOBER 2016 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers
External attendees: Debra Stolz & Lawrence Liao (Queensland Audit Office via teleconference)
The following Recommendations from the Audit & Risk Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
The Audit & Risk Committee recommendations dated 14 October 2016 be adopted
Carried.
1 QUEENSLAND AUDIT OFFICE CLOSING REPORT
That Council note the draft Audit Closing Report provided by the Queensland Audit Office
(QAO) to the Audit & Risk Committee meeting dated 14 October 2016.
2 REVIEW OF AUDIT POLICIES, INTERNAL AUDIT UPDATE, IMPLEMENTATION OF
AUDIT RECOMMENDATIONS
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2016 and:
A. Note the updated changes to the Audit and Risk Committee Charter provided at
Attachment 2 to the report and additional suggested amendments made by the
Committee;
B. Note the updated changes to the Internal Audit Policy and Terms of Reference
provided at Attachment 1 to the report and additional suggested amendments made
by the Committee;
C. Note that both the revised Audit and Risk Committee Charter and Internal Audit
Policy and Terms of Reference will be reported to Council in November 2016 for
adoption;
D. Note the progress made by the organisation in respect of previous Internal and
External Audit recommendations as outlined in the Register of Audit Action Items
provided at Attachment 3 to the report;
E. Note the proposed scope for the Internal Audit of Council’s Procure to Pay Systems
and Processes provided at Attachment 4 to the report.
3 RISK MANAGEMENT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2016 providing an update of Council’s Risk Management
Program.
4 GOVERNANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2016 providing an update on the development of Noosa
Council’s Annual Report 2015/16, the Noosa Council Policy Register, Council’s compliance
with the Local Government Act and Regulation and Council’s annual delegations review.
Page 3 of 17
Section 4
ORDINARY MEETING MINUTES 20 OCTOBER 2016
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 OCTOBER 2016 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and Tony
Wellington
Other Councillors in attendance: Crs Jess Glasgow, Frank Pardon and Frank Wilkie.
The following Recommendations from the Planning & Environment Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
The Planning & Environment Committee recommendations dated 11 October 2016 be adopted
Carried.
1 ZERO EMISSIONS NOOSA (TM) - ORGANISATIONAL STRATEGY
Item not dealt with by the Planning & Environment Committee. Referred to the General
Committee for consideration.
Reason for referral: Significance of the issue.
2 DISCUSSION PAPER - NOOSA PLAN
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 11 October 2016 and:
A. Endorse the document The New Noosa Plan Discussion Paper for the purpose of
engaging with the community; and
B. Endorse the community engagement activities proposed in the Community
Engagement Summary.
3 132003.221194.01 - CHANGE AN EXISTING APPROVAL FOR A MULTIPLE DWELLING
OF 4 DWELLING UNITS SITUATED AT 215 GYMPIE TERRACE NOOSAVILLE DOCUM ENT INFORM AT ION
That Council note the report by the Manager Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 regarding a request to change a
development approval, Application No. 132003.221194.1, situated at “Wai Cocos” 215
Gympie Terrace Noosaville and agree to delete condition 45.
4 MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGES
(RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
Item not dealt with by the Planning & Environment Committee. Referred to a future
meeting for consideration.
Reason for referral: Staff received further information regarding acoustic measures and
requested to assess this in a further report to a future Council Meeting.
5 MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
Item not dealt with by the Planning & Environment Committee. Referred to the General
Committee for consideration.
Reason for referral: Cr Jurisevic requested the report be referred for further consideration
of the hours of operation for the development.
Page 4 of 17
Section 5
ORDINARY MEETING MINUTES 20 OCTOBER 2016
6 PBA16/0016 PLANNING & ENVIRONMENT COURT APPEAL 111/2016 FOR A
DEVELOPMENT APPLICATION FOR BUILDING WORKS WITHIN COASTAL
PROTECTION AREA SITUATED AT 26 LORIKEET DRIVE, PEREGIAN BEACH CUMENT INF ORM ATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 October 2016 regarding Planning & Environment Court
Appeal 111/2016 and agree to defend the appeal.
7 IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
GERHARDT & GERHARDT V QUEENSLAND BUILDING & CONSTRUCTION
COMMISSION
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 and amend the existing Council
decision in relation to this matter (reference – Council meeting dated 18 August 2016,
Planning & Environment Committee recommendation 3 on page 5 of the Council meeting
minutes) by replacing the current Table 1 with the following new Table 1:-
Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
Noosa Shire
Column 1 Column 2 Column 3
Code Concurrence Agency Assessment Probable Solutions/Specific
Required Outcomes
Building Works Code Where carrying out building work not Table 14-44 S1.1, S2.3, S10.1,
associated with a material change of S11.1-S11.3 S12.1, S13.1,
use and not complying with the S14.1, S15.1, S16.1, S16.2,
Probable Solutions identified in S17.1, S181-S18.4, S20.1,
column 3 of this table. Applies to all S21,1, S21.2, S22.1,
localities if a locality or zone is not Table 14-45 S23.1-S23.3,
identified.
Table 14-45 S24.1-S24.7,
S25.1-S25.6
Biodiversity Overlay Where involving interference with Table 13.2 S9.1, S10.1
Code vegetation on premises identified as
Environmental Protection Area,
Environmental Enhancement Area or
Riparian Buffer Area on Biodiversity
Overlay Maps OM1.1 to OM9.1; or
Where on premises identified as
Riparian Buffer Area of Biodiversity
Overlay Maps OM1.1 to OM9.1,
except for demolition works.
Heritage Overlay Code Where involving a heritage site or Table 13.5 O1, S2.1, O3, S4.1,
within a character area as defined by S5.1-S5.3, O6, S7.1, O12
the Division 5, 13.11 General
Provisions for the Heritage Overlay
Natural Hazard Where on land identified as Flood Table 13.10 S20.1, S20.2
Overlay Code Hazard Area on Overlay Maps
OM1.3-9.3
Natural Resources Where within a Coastal Protection Table 13.17 S17.1, O18,O19,
Overlay Code Area identified on Overlay Map S20.1, S20.2
OM4.5
Page 5 of 17
Section 6
ORDINARY MEETING MINUTES 20 OCTOBER 2016
8 P&E COURT APPEAL D171/2015 FOR
A MATERIAL CHANGE OF USE FOR CULTIVATION TYPE 2 - INTENSIVE
(GREENHOUSE) & RECONFIGURING A LOT (ACCESS EASEMENT) SITUATED AT
271 & 305 LAKE MACDONALD DR, LAKE MACDONALD
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 October 2016 and authorise the Chief Executive
Officer to finalise Appeal D171/2015 generally in accordance with the conditions as noted
in the report.
Page 6 of 17
Section 7
ORDINARY MEETING MINUTES 20 OCTOBER 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
11 OCTOBER 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington
& Frank Wilkie
Other Councillors in Attendance: Crs Jackson & Stockwell
The following Recommendations from the Services & Organisation Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jurisevic
The Services & Organisation Committee recommendations dated 11 October 2016 be adopted
Carried.
1 ASSET PLANNING TEAM RESOURCING ARRANGEMENTS
That Council note the report by the Asset Planning Coordinator to the Services &
Organisation Committee Meeting dated 11 October 2016 and endorse changes to
Council’s organisation structure that includes an increase of two fulltime equivalent (2 FTE)
two year fixed term positions in the Asset Planning Team.
2 LBNA04 STREET SWEEPING SERVICES
That Council note the report by the Civil Operations Manager to the Services &
Organisation Committee Meeting dated 11 October 2016 and:
A. Endorse the appointment of Environmental Wastewater Catchment Services Pty Ltd
trading as Enviro Sweep as sole provider of street sweeping services by Localbuy
under arrangement LBNA04, and
B. Adopt the recommended Level of Service for Street Sweeping as detailed in Table 2:
Proposed Sweeping Frequencies provided in the report.
3 ANNUAL DISASTER MANAGEMENT REPORT 2016
That Council note the report by the Director Planning & Infrastructure and Local Disaster
Coordinator, and Disaster Management & Special Projects Officer to the Services &
Organisation Committee Meeting dated 11 October 2016 and:
A. Thank the members of, and advisors to, the Noosa Local Disaster Management
Group for their participation; and
B. Note the improvement in the Local Disaster Management Plan assessment against
the Inspector-General Emergency Management’s Emergency Management
Assurance Framework.
4 PROPOSED TRANSFER OF SHOP 8 LEASE SUNRISE BEACH NEIGHBOURHOOD
SHOPPING CENTRE, 2 GRASSTREE CRT, SUNRISE BEACH
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 11 October 2016 and approve the proposed transfer of the lease
for Sunrise Neighbourhood Shopping Centre, Shop 8 – Supermarket, located at 2
Grasstree Court, Sunrise Beach from Yenbazaar Pty Ltd to Sunrise JEM Pty Ltd.
Page 7 of 17
Section 8
ORDINARY MEETING MINUTES 20 OCTOBER 2016
5 SCOPE OF THE NOOSA ARTS, CULTURE AND HERITAGE PLAN
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 11 October 2016 and;
A. Approve the Arts, Culture and Heritage Plan Scope as provided at Attachment 1 to
the report subject to minor amendments approved by the CEO including the inclusion
of an indigenous community representative on the reference group;
B. Appoint Cr Wilkie to the reference group; and
C. Delegate the appointment of the proposed community membership of the reference
group to the CEO in consultation with the Mayor.
6 NOOSA AQUATIC CENTRE AND NOOSA LEISURE CENTRE FEES AND CHARGES
REVISIONS
That Council note the report by the Community Facilities Manager, to the Services &
Organisation Committee meeting dated 11 October 2016 and endorse the revised fees and
charges schedule and membership structure for the Noosa Aquatic Centre and the Noosa
Leisure Centre as provided in the report.
7 COUNCIL MEETING SCHEDULE 2017
That Council note the report by the Personal Assistant to the CEO to the Services &
Organisation Committee Meeting dated 11 October 2016 and approve the Council meeting
dates for 2017 as set out in Attachment 1 to the report.
8 ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 11 October 2016 and:
A. Pursuant to section 257 of the Local Government Act 2009 (LGA), agree to delegate
the powers of the Local Government outlined in Table 1 and Table 2 of the report
(and provided at Attachment 1), to the Chief Executive Officer;
B. Repeal Council’s current Land Protection Delegation 2015-24; and
C. Note that the current delegations of authority outlined in the report have been
reviewed and require no changes.
Page 8 of 17
Section 9
ORDINARY MEETING MINUTES 20 OCTOBER 2016
GENERAL COMMITTEE RECOMMENDATIONS
17 OCTOBER 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Cr Jackson, Frank Pardon,
Brian Stockwell and Tony Wellington.
Apology: Cr Joe Jurisevic.
6 COOROY MEMORIAL HALL - UPDATE REPORT
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his life membership of Tewantin Noosa RSL sub branch. Cr Pardon believed he
could consider this item impartially and in the public interest and therefore remained in the meeting for debate
and decision on this matter.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Stockwell
That Council note the report by the Director Community Services to the General Committee
Meeting dated 17 October 2016 and:
A. Agree to accept trusteeship of the Deed of Grant in Trust (DOGIT) for Lot 1 on
Crown Plan C56038 on which sits the Cooroy Memorial Hall (the Hall) and the
Cooroy RSL Services and Citizens Memorial Club;
B. Request the CEO to undertake consultation with the Cooroy community and the
Department of Mines and Natural Resources about possible future uses and
management of the Cooroy Memorial Hall and then report back to Council;
C. Have this consultation identify:
1. a clear use or purpose for the land on which the Hall is located;
2. the local community’s ability to contribute to the repair, maintenance and
management of the Hall;
3. potential adaptive re-uses for the Hall;
4. the possibility of replacing the Hall with a memorial or recreational park;
5. the financial implications and risks of each of these options;
6. potential funding options for the chosen course of action.
D. Authorise the CEO to enter into negotiations for a thirty year lease to the Cooroy RSL
Services and Citizens Memorial Club Inc. over part of Lot 1 on Crown Plan C56038 to
enable the Cooroy RSL to continue its current operations.
Carried.
Cr Pardon voted for the motion.
7 ELECTRIC BUS TRIAL EXECUTION OF LEASE AGREEMENT
Moved: Cr Pardon
Seconded: Cr Jurisevic
That Council note the report by the Project Officer and Project Manager to the General
Committee Meeting dated 17 October 2016 and award Contract 1516T067 Electric Bus
Trial to AHG International Pty Ltd (AHGI) trading as Higer Bus & Coach for the lump sum
amount of $131,200 (including GST).
Carried.
Page 9 of 17
Section 10
ORDINARY MEETING MINUTES 20 OCTOBER 2016
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The General Committee recommendations dated 11 October 2016 be adopted except where
dealt with or held over by separate resolution.
Carried.
1 ZERO EMISSIONS NOOSATM - ORGANISATIONAL STRATEGY
That Council note the report by the Executive Manager to the Planning & Environment
Committee Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline
greenhouse emissions assessment and
A Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided
at Attachment 1 to the Report with the following changes:
1. Page 2, paragraph 3, of the Strategy to read:
It is in the Council’s and community’s interest to contribute to global mitigation
of those impacts by reducing Council’s GHG emissions; and
2. Page 6, the last sentence of Item 6.1 of the Strategy, to read:
It is in the Council’s and community’s interest to contribute to global mitigation
of those impacts by reducing Council’s GHG emissions.
B. Note that work is proceeding on the development of a detailed Action Plan to
implement the Strategy.
2. MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND
BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
(refer further report provided at Item 4)
3 MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 11 October 2016 regarding Application No. MCU16/00 for a
Development Permit for a Material Change of Use for an Undefined Use – Lifestyle and
Garden Centre situated at 37 Gibson Road, Noosaville 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.
Page 10 of 17
Section 11
ORDINARY MEETING MINUTES 20 OCTOBER 2016
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
05.0516.1.1 - Plan of Development prepared by Andrew McKellar Design April 2016
30.0813.1.2 - First Floor Plan / roof plan prepared by Andrew McKellar August 2013
Design
30.0813.1.2 - Elevations prepared by Andrew McKellar Design August 2013
Nature and Extent of Approved Use
3. Approved sub-uses within individual tenancies on the site shall be generally in
accordance with the following table of uses:
Pavilion Scheme Definition Specific Use Area
2
Pavilion 1 Retail Business Limited to the display and sale of garden and 265m
Type 4 Showroom lifestyle related goods primarily of a bulky nature
including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Design and display of furniture and furnishings
Outdoor related homewares
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a
Type 2 Shop & garden and lifestyle nature including home
Salon products, giftware, clothing, and health and
wellbeing products and may include:
Artisan pantry - specialty food items, fresh food
2
products, herbs, etc. not exceeding 50m
Retail Business The use of premises for the retail sale of landscape
Type 7 Garden & and garden products and supplies and products
Lifestyle Centre made by local artisans. The term includes the sale
of plants, seeds, pots, gardening tools, bagged
landscaping products (such as fertilisers, potting
mix, mulch and stones) outdoor furniture and
lighting, letterboxes, garden ornamentation, art, and
literature on gardening. The premises may also be
used as the sales office for swimming pools or
spas. The use includes an ancillary coffee shop.
2 2
Entertainment and Café (17m of storage and kitchen) with a 17m
2
dining business – maximum seating area of 82m
Type 1 food & 2
82m
beverages
2
Pavilion 2 Commercial Limited to home/interior and landscaping design 106m
Business Type 1 and wellbeing services. Examples include:
office Interior/ exterior/landscape design office
Relaxation tanks/Spa
Commercial Limited to natural therapies. Examples include
Business Type 2 Health and Wellbeing products and services
Medical
Alternative therapy clinic
Naturopath/ Osteopath/ massage
Page 11 of 17
Section 12
ORDINARY MEETING MINUTES 20 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
Retail Business
Type 7 Garden &
Lifestyle Centre
2
Pavilion 3 Ground level - Limited to the display and sale of garden and 205m
2
205m Retail Business lifestyle related goods primarily of a bulky nature
Type 4 showroom including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail Business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products,
Salon giftware, clothing, and health and wellbeing
product. Examples include:
Homewares and outdoor related products
Outdoor cooking/BBQ products
Clothes shop (26m ) including garden related
2
items
2
Pavilion 3 Education Type 3 Examples include: 110m
Upper Level Adult Cooking classes
Design classes
Lifestyle /wellbeing education
Commercial Limited to natural therapies. Examples include:
Business Type 2 Alternative therapy clinic
Medical
Naturopath/ Osteopath/ massage
Entertainment and Yoga/ Pilates studio ( maximum of 17 persons)
dining business –
Type 2 Recreation,
amusement &
fitness
2
Nursery Retail Business – Nursery and lifestyle centre (minimum area of 1,000m
2
Type 7 Garden and 1000m )
Lifestyle Centre –
2
minimum 1000m
4. The nursery use must be retained as the principal use on the site at all times
and have a minimum use area of 1,000m2.
5. The total dining area for the café must not exceed 82m2, being the shaded area
indicated on the approved plan of development.
6. Retail food sales (such as the artisan pantry) within Pavilion 1 must not exceed
an area of 50m2.
7. Medical uses on the site must not exceed 110m2 and no more than 3 medical
practitioners must operate from the site at any time.
8. Yoga/Pilates classes must not be conducted between 11am-2pm.
9. The development must not operate outside the hours of 7am to 7pm Sunday to
Thursday and 7am-8pm Friday and Saturday.
10. Any advertising signage shall have a maximum 4m2 sign face area, and a
combined sign face area projecting to the street of no more than 10m2.
11. All plants and goods are to be displayed on site within the property boundaries.
There is to be no display plants and goods on the streets about the site.
Page 12 of 17
Section 13
ORDINARY MEETING MINUTES 20 OCTOBER 2016
Amenity
12. There is to be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.
Noise
13. External speakers or amplified music are not permitted.
14. Internal amplified music must not be audible at the property boundaries.
15. Refuse disposal, particularly glass bottles and the like, must be considerate of
noise at all times.
16. An acoustic fence must be constructed along the southern property boundary
within 3 months of this approval taking effect. The fence is to be constructed to
a height of 3 metres along the full length of the common boundary with Lot 2
SP120996 and a minimum of 10m length of the eastern portion of the common
boundary with Lot 1 SP120996. Fence materials shall be timber (ship-lapped
palings), fibre-cement, aerated concrete (Hebel) or other material with a
minimum density of 12.5kg/m2 with no gaps.
17. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
17.1. Air-conditioning and Refrigeration:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
18. On installation of any new mechanical equipment OR if requested by Council,
written certification must be submitted from a suitably qualified person
confirming noise levels from any mechanical equipment comply when
measured at either the residential boundary or outside the most exposed part of
an affected building, whichever is the closest to the equipment.
19. Service vehicle movements associated with the development (including loading
and unloading) and noise generating activities (such as leaf blowers, gurneys,
waste removal, disposal of bottles, and the like) must not occur outside the
hours of 7am to 6pm.
Spill Light
20. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of
the obtrusive effects of outdoor lighting” using a control level of 1.
21. Certification must be submitted to Council from a suitably qualified person*
within 6 months of this approval taking effect which certifies that all outdoor
lighting devices comply with AS4282-1997 and the requirements of this
Decision Notice. * See advisory note.
Landscaping
22. The site shall be landscaped in accordance with the provisions of The Noosa
Plan.
Carparking
23. A minimum of 39 off street carparking spaces, 4 scooter parking bays and 8
bicycle parking bays as indicated on the approved plan of development. All
vehicles must enter and exit the site in a forward direction.
24. Linemarking must be completed to both the development’s carparks in
accordance with the approved plans.
Page 13 of 17
Section 14
ORDINARY MEETING MINUTES 20 OCTOBER 2016
Refuse
25. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
26. An imperviously paved area must be provided to accommodate all refuse and
recycling containers to the reasonable satisfaction of Council’s Environmental
Health Officer. This area is to be aesthetically screened from any road frontage
or adjoining property boundary and is to be set back a distance of two (2)
metres from any road frontage. A suitable hosecock, hoses and approved
drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse
container area for washing containers.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The site has an existing development permit for a retail garden centre and café.
2. The development’s mix of uses is consistent with contemporary garden and
lifestyle centres and is appropriate for the site’s location, being on a collector
road and adjacent Noosaville’s Business Centre zone.
3. The development will not introduce significant negative impacts on adjoining
residents, or the visual and residential amenity of the surrounding area.
4 FURTHER REPORT - MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD
AND BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
That Council notes the reports by the Development Planner to the Planning and
Environment Committee Meeting dated 11 October 2016 and the General Committee
Meeting dated 17 October 2016 regarding Application No. MCU16/0088 for a Development
Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food &
Beverages (restaurant) situated at 3/287 Gympie Terrace, Noosaville, and approve the
application in accordance with the following conditions:
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
WD.20 E Proposed Floor plan, prepared by Cab Roto 04/07/16
WD.03 Area Plan, prepared by Cab Roto 11/07/16
Noise
3. The development must be undertaken in accordance with the recommendations of
the Acoustic Assessment dated 3 August 2016 and Additional Information for the
Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this
regard, the acoustic wing walls and acoustic roof panel (if required) must be designed
to complement the existing building and streetscape to the reasonable satisfaction of
the chief executive officer. Prior to the installation of these works the plans must be
submitted to Council demonstrating compliance with this condition. Certification must
Page 14 of 17
Section 15
ORDINARY MEETING MINUTES 20 OCTOBER 2016
be provided by a suitably qualified person on completion of the works, certifying the
works meet the relevant noise criteria.
4. External speakers or amplified music are not permitted.
5. Internal amplified music must be directed internally to the tenancy.
6. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
7. The Noise Management Plan submitted with the application must be amended to
include site specific operational measures to minimise potential noise nuisance for
surrounding residents and a complaints management process. The Noise
Management Plan must incorporate the recommendations of the Acoustic
Assessment dated 3 August 2016 and Additional Information for the Acoustic
Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended
Noise Management Plan must be submitted to Council prior to the commencement of
the use.
8. Noise emissions from any new mechanical equipment associated with the
development must comply with the following requirements:
a. Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
9. Written certification must be submitted from a suitably qualified person confirming
noise levels from any new mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and in a format approved by Council. All equipment should be operating at
the same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is
involved prior to installation of any equipment so they can recommend where equipment is
best located. They can also advise about noise enclosures and make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
installation.
Nature and Extent of Approved Use
10. The approved use must not operate outside the hours of:
a. 6.30am to 9.30pm Sunday to Thursday
b. 6.30am to 10.30pm Friday, Saturday and public holidays
c. The outdoor dining area must not be used after 8pm until the acoustic wing
walls are installed pursuant to the recommendations of the Acoustic
Assessment dated 3 August 2016 and Additional Information dated 10 October
2016 prepared by RoadPro Acoustic.
4. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays.
5. The use area including outdoor seating must not exceed 67m2 as indicated on the
approved plan.
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Section 16
ORDINARY MEETING MINUTES 20 OCTOBER 2016
Protection of Privacy
6. To ensure privacy is protected between adjoining properties, the western acoustical
designed wing wall must be designed to maintain privacy of the neighbouring unit. In
this regard, the wall must be either translucent glazing or a solid portion to obscure
direct views to the western unit.
Outdoor Lighting Devices
7. Light spillage from the development including advertising, security and flood lighting
etc is designed, sited, installed, shaded and appropriately directed so as to prevent a
nuisance to residential areas and vehicular traffic.
Kitchen Exhaust
8. Kitchen exhaust points for the development must be located and operated in
accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
conditioning in buildings” (specifically Section 5.10 – Air Discharges).
9. Certification must be submitted to council from a qualified person* prior to
commissioning the operation of the mechanical exhaust ventilation system for the
kitchen which certifies that the system complies with AS1668.2-2002 and the
requirements of this Decision Notice.
Refuse
10. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
5 ADOPTION OF NOOSA PLAN AMENDMENTS
That Council note the report by the Principal Strategic Planner to the General Committee
dated 17 October 2016 and:
A. Proceed to adopt the Planning Scheme Amendments, as provided at Attachment 1 to
the report, in accordance with the Ministerial conditions; and
B. Authorise changes to Table 10.3 of Council’s Charges Resolution for secondary
dwellings, community residences and intensive cultivation uses, as provided at
Attachment 2 (Amended) to the report.
8 FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2016
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 October 2016 providing the September YTD monthly financial
performance report for the 2016/17 financial year.
9 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2016-17
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 17 October 2016 providing an update on progress with the implementation
of the Operational Plan to 30 September 2016 and details of Council’s Key Performance
Indicators.
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Section 17
ORDINARY MEETING MINUTES 20 OCTOBER 2016
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 17 November at Council Chambers, 9 Pelican
Street Tewantin, commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.47pm
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