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Meeting minutes
MINUTES
Planning & Environment
Committee Meeting
Tuesday, 12 September 2023
9:30 AM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian
Stockwell
“Noosa Shire – different by nature”
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Page 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Councillor Tom Wegener (Chair)
Councillor Karen Finzel
Councillor Brian Stockwell
NON COMMITTEE MEMBERS
Councillor Amelia Lorentson
Councillor Frank Wilkie
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director - Strategy and Environment Kim Rawlings (via Microsoft Teams)
Director Development & Regulation Richard MacGillivray
APOLOGIES
Councillor Clare Stewart
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
The Minutes of the Planning & Environment Committee Meeting held on 8 August
2023 be received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil
4. DEPUTATIONS
Nil
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. FLYING FOX STATEMENT OF MANAGEMENT INTENT
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Fauna Management Project Officer to the
Planning & Environment Committee Meeting dated 12 September 2023
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
regarding Noosa Council's Flying-fox Statement of Management Intent (SoMI)
and:
A. Approve the Flying Fox Statement of Management Intent (SoMI) for the
purpose of implementation,
B. Note that following endorsement of the SoMI, Environmental
Services will undertake a priority review of the Flying-fox Subsidy
Program considering community feedback and seek future Council
endorsement of any recommended changes to the Flying-fox
Subsidy Program as required;
C. Develop and implement an internal and external communications
plan for flying-fox influxes to ensure clear information is provided to
relevant stakeholders during these events;
D. Note that additional resources are required as outlined in this report
to fully and effectively deliver the requirements of the SoMI and
flying-fox management in the Noosa Shire and that consideration of
these be referred to the budget consideration process.
Carried unanimously.
5.2. RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2
LOTS) AT 28 SATINAY DRIVE, TEWANTIN
Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Tom Wegener
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 12 September 2023 regarding
Application No. RAL22/0027 for a Development Permit for Reconfiguring a Lot –
1 into 2 lots, situated at 28 Satinay Dr Tewantin Qld 4565 and:
A. Refuse the application for the following reasons:
1. The proposal does not comply with Purpose and Overall Outcomes
(1)(a), (b) and (c), (2)(a), (b) and (e)(i), Acceptable Outcome AO7.3 and
Performance Outcomes PO4 and PO7, of the Reconfiguring a Lot Code
as:
a. The development application is for subdivision in an area
identified as being not suitable for subdivision.
b. The lot size and subdivision layout in not consistent with the
established character and amenity of Noosa Parklands Estate.
c. The required building envelope for proposed Lot 2 is not
adequate to accommodate a dwelling house and associated
structures and services, and therefore is not fit its intended use.
2. The proposal does not comply with Purpose and Overall Outcomes (1)
and (2)(a), (b) and (e), Acceptable Outcomes AO1, AO7, AO8.3 and
Performance Outcomes PO1 and PO7 of the Bushfire Hazard Overlay
Code as:
a. The methodology for determining the building envelopes
assumes that Queensland Parks and Wildlife Service and Council
will maintain the firebreak between the existing lot and adjoining
National Park and Council Reserve. Preservation of the separation
from hazardous vegetation should not be dependent on third parties.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
b. The proposed reconfiguration does not minimise the risk to
people and property from bushfire hazard.
c. The proposed layout will unduly burden disaster management
services.
d. The required building envelope for proposed Lot 2 is not
adequate.
B. Note the report is provided in accordance with Section 63(5) of the
Planning Act 2016.
Carried unanimously.
5.3. 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO
DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE
DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18
HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION &
ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD,
COOTHARABA
In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom
Wegener provided the following declaration to the meeting of a declarable
conflict of interest in this matter:
I, Cr Tom Wegener inform the meeting that I have a declarable conflict of
interest. The author of the Permaculture Report, Tom Kendall, is a friend of
mine. I am also the President of permaculture Noosa. I believe I can make a
judgment in the public interest. Therefore, I will choose to remain in the meeting
room. However, I will respect the decision of the meeting on whether I can remain
and participate in the decision.
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Cr Finzel be appointed as Acting Chairperson of the meeting for this item for
the purpose of considering the conflict of interest declaration by Cr Wegener.
Carried unanimously.
Cr Finzel assumed the Chair.
Motion
Moved: Cr Brian Stockwell
That Council note the declarable conflict of interest by Cr Wegener and
determine that it is in the public interest that Cr Wegener can remain the in the
room to listen to the discussion but does not participate or vote on this matter.
Motion lapsed for want of a seconder.
Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Brian Stockwell
That Planning & Environment Committee Agenda Item 5.3 be referred to the
General Committee due to the significance of the issue.
Carried unanimously.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
Cr Wegener did not vote on the above motion
Cr Wegener resumed the Chair
5.4. MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE
SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47
GOODCHAP STREET, TEWANTIN
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Acting Coordinator Planning to the Planning
& Environment Committee Meeting dated 12 September 2023 regarding
Application No. MCU22/0131 for a Development Permit for Material Change of
Use – Health care service & Hospital, situated at 47 Goodchap St Tewantin
and:
A. Refuse the application for the following reasons:
1. The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n)
and Section 3.3.3, strategic outcome (a) of the Strategic Framework as:
a. The proposal expands health care services further along
Goodchap Street beyond the Noosa Hospital site and into a
residential area.
b. The proposal is located on land zoned for housing, removes a
lot that is well suited for residential development and is needed to
cater for future housing.
2. The proposal is contrary to overall outcomes (o), (p) & (q) of the
Tewantin Local Plan Area Code and overall outcomes (h), (n) and
acceptable outcome AO16.3 of the Noosaville Local Plan Code as:
a. The proposal expands health services into an area zoned for low
density housing and on a large, well located site with significant
opportunities to create further housing.
b. The land is not committed or planned for community purposes.
c. The proposal does not maximise or make more efficient use of
the Noosa Hospital site and is not located on land identified for the
growth of health and medical services.
3. The proposal is contrary to overall outcomes (a), (c), (g), (j) and
performance outcomes PO1, PO2 of the Low Density Residential Zone
Code as:
a. The proposal is not residential being identified as a community
activity under the Noosa Plan and is of a scale and design that is
incompatible with and will impact adversely on nearby residents’
amenity.
b. The proposal offers no integration or internal connection with the
Noosa hospital.
c. The proposal is not small scale and will service the wider
community and not just local residents.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
4. The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f)
and performance and acceptable outcomes PO1, PO3, AO3, PO5, A)5,
PO8 of the Community Activities Code as:
a. The proposal is not integrated with the hospital or co-located on
the Noosa Hospital site.
b. The proposal is of a type, scale and intensity that is not
consistent with surrounding development and character of the area
and zone, includes substantial infrastructure to the site’s frontage
and will remove mature native trees that significantly contribute to the
streetscape.
c. The proposal is likely to have significant adverse impacts on the
amenity enjoyed by adjoining and nearby residents with insufficient
buffering proposed for residents.
5. The proposal is contrary to overall outcomes (a), (b) and PO6 of the
Driveways and Parking Code as insufficient car parking has been provided
to accommodate the number and type of vehicles likely to be generated by
the development.
6. The proposal does not comply with performance and acceptable
outcome PO6, AO6.1 of the Water Quality and Drainage Code as the site
discharges into Lake Doonella which is of high ecological value and it has
not been demonstrated the development will not cause an increase in gross
pollutants, total suspended solids, total phosphorous or total nitrogen
compared to a pre-development scenario as required.
7. There is no Planning need for the site to be developed for the proposed
community activity given there are other approved medical and health centres
that are yet to establish and other areas where the use could locate consistent
with the scheme’s zoning pattern.
8. The site ought to be retained for housing, with lots of this potential rare
in Noosa Shire.
B. Note the report is provided in accordance with Section 63(5) of the
Planning Act 2016.
Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY JULY
2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel
provided the following declaration to the meeting of a declarable conflict of
interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this
matter as on 5 March 2020, Mr Peter Butt who is an applicant listed in the
delegated report (applicant no.1) donated $1666.66 to my 2020 Election
Campaign where I was one of three candidates that ran as a group known as
'Future Noosa' (which is no longer an entity). Although I have a declarable conflict
of interest, I do not believe a reasonable person could have a perception of bias
because the decision has already been made under delegated authority and the
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
report is for noting only. Therefore, I will choose to remain in the meeting room.
However, I will respect the decision of the meeting on whether I can remain and
participate in the decision.
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Finzel and determine
that it is in the public interest that Cr Finzel participates and votes on this matter
because the decision has already been made under delegated authority and the
report is for noting only.
Carried unanimously.
Cr Finzel did not vote on the above motion
Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 12 September 2023
regarding planning applications that have been decided by delegated authority.
Carried unanimously.
7. CLOSED SESSION
Nil
8. MEETING CLOSURE
The meeting closed at 10.45 am.