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2020-05-18 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      18 MAY 2020


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
18 MAY 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Clare Stewart, Brian Stockwell
Apology: Cr Tom Wegener


1    AUDIT & RISK COMMITTEE MEMBERSHIP
     Committee Recommendation
     Moved:           Cr Jurisevic
     Seconded:        Cr Stewart
     That Council note the report by the Governance Advisor to the Services & Organisation
     Committee Meeting dated 12 May 2020 and:
     1.   Adopt the Audit & Risk Committee’s updated Audit & Risk Committee Charter provided
          as Attachment 1 to the report;
     2.   Endorse the appointment of Mayor Stewart and Councillor Lorentson to the Audit &
          Risk Committee; and
     3.   Approve the extension of the Audit & Risk Committee Chairperson’s term from 30
          August 2020 to 31 December 2020;. and
     4.   Set the following external member sitting fees to commence from 1 January 2021:
                Chair - $800 per meeting;
                Other External Member - $600 per meeting.
                                                                      Carried unanimously.



2    AMENDMENT TO COUNCILLORS ACCEPTABLE REQUESTS GUIDELINES POLICY
     Refer to Further Report at Item 3.


3    FURTHER REPORT – AMENDMENT TO COUNCILLORS ACCEPTABLE REQUESTS
     GUIDELINES POLICY
     Committee Recommendation
     Moved:           Cr Lorentson
     Seconded:        Cr Jurisevic
     That Council note the report by the Director Executive Services to the Services and
     Organisation Committee Meeting dated 12 May 2020 and the further report to the General
     Committee Meeting dated 18 May 2020 and adopt the amended Councillors Acceptable
     Requests Guideline Policy provided as Attachment 1 to the further report.
                                                                      Carried unanimously.




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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   18 MAY 2020


4   FURTHER REPORT - MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO
    BD897 OF 2020 - REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR
    SERVICE & UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN
    Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
    Government Act 2009) as prior to her election to Council she signed a petition relating to this
    application. Cr Finzel left the meeting room for the debate and decision on this matter.

    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
    Local Government Act 2009) due to his relationship with Bill and Christine Tainsh who supported his
    2020 election campaign by undertaking letterbox drops. Mr & Mrs Tainsh have since advised that they
    are now co-respondents to this appeal. Cr Stockwell left the meeting room for the debate and decision
    on this matter.

    Committee Recommendation
    Moved:             Cr Jurisevic
    Seconded:          Cr Lorentson
    That Council note the report by the Development Planner to the Ordinary Meeting dated 30
    April 2020 and the further report by the Manager Development Assessment to the General
    Committee Meeting dated 18 May 2020 regarding Planning & Environment Court Appeal No.
    BD897 of 2020 and agree to defend the appeal.
                                                                      Carried unanimously.
    Cr Finzel and Cr Stockwell re-joined the meeting.



5   MCU17/0024.01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
    CHANGE OF USE OF PREMISES - ENTERTAINMENT & DINING BUSINESS TYPE 1
    FOOD & BEVERAGES AND TYPE 2 RECREATION, AMUSEMENT AND FITNESS AT 4
    THE ESPLANADE, SUNSHINE BEACH
    Motion
    Moved:             Cr Lorentson
    Seconded:          Cr Finzel
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 18 May 2020 regarding Application No. MCU17/0024.01 to make a minor change to
    an existing approval for a Development Permit for Material Change of Use of Premises -
    Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
    Amusement and Fitness situated at 4 The Esplanade, Sunshine Beach and defer
    consideration of the application until further information is obtained.:
    A.    Approve a change to Condition 8 to read as follows:
          Noise
          8.     All amplified noise at the premises must be conducted through a sound limiting
                 device at all times to ensure that noise does not exceed the following:
                 a.    between 6a.m. and 10p.m.—the adjusted maximum sound pressure level
                       LA10, plus adjustments for tonal and impulse components, exceeding the
                       background level LA90 by more than 10dB(A);



                                                                                              Page 2 of 6

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          18 MAY 2020


                 b.   between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full
                      octave band with centre frequencies from 63HZ to 2000HZ, exceeding the
                      background level LOCT90 by more than 8dB in any octave band.
     B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


     Amendment
     Moved:            Cr Stockwell
     Seconded:         Cr Jurisevic
     That the motion be amended to replace the words “until further information is obtained” with
     “to the Ordinary meeting of 21 May 2020.”
                                                                         Carried unanimously.

     Committee Recommendation
     Moved:           Cr Lorentson
     Seconded:        Cr Finzel
     That Council note the report by the Development Planner to the General Committee Meeting
     dated 18 May 2020 regarding Application No. MCU17/0024.01 to make a minor change to
     an existing approval for a Development Permit for Material Change of Use of Premises -
     Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
     Amusement and Fitness situated at 4 The Esplanade, Sunshine Beach and defer
     consideration of the application to the Ordinary meeting of 21 May 2020.
                                                                         Carried unanimously.

The meeting adjourned at 11.12am
The meeting resumed at 11.19am


6    132005.1062.07 - APPLICATION TO EXTEND THE CURRENCY PERIOD OF
     DEVELOPMENT APPROVAL FOR DUPLEX DWELLING & OPERATIONAL WORKS AT
     5 PARK CRESCENT, SUNSHINE BEACH
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Jurisevic
     That Council note the report by the Development Planner to the General Committee Meeting
     dated 18 May 2020 regarding Application No. 132005.1062.07 to extend the currency period
     for a Development Permit for Material Change of Use - Duplex Dwelling and Operational
     Works - Landscaping, Car Parking, Access, Stormwater Drainage and Sediment and Erosion
     Control situated at 5 Park Crescent, Sunshine Beach and:
     A.   Refuse the extension for the following reasons:
          1.     The proposed development is not consistent with Overall Outcomes 7.7.2 a), g)
                 and mm) and Specific Outcomes O1, O5, O13 of Eastern Beaches Locality Code,
                 as the development intrudes into the required setbacks, fails to preserve the
                 visual amenity of neighbouring properties and includes extensive cut and fill.


                                                                                     Page 3 of 6

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                            18 MAY 2020


         2.     The proposed development is not consistent with the Overall Outcomes 14.44.2
                b) & h) and Specific Outcomes O13 & O16, as the proposed development is not
                designed and sited to maintain the visual privacy of neighbouring properties and
                does not minimise the need for cut and fill.
         3.     The approval for the Operational Works is not consistent with the current
                standards required by the Engineering Works Codes under The Noosa Plan:
                3.1. Stormwater works conditioned is not consistent with Specific Outcomes O8
                     and O9 of the Transport, Roads and Drainage Code;
                3.2. Frontage works conditioned is not consistent with current Council Standard
                     Drawing requirements under the Transport, Roads and Drainage Code;
                3.3. Erosion and sediment control measures conditioned are not consistent with
                     current requirements of the Transport, Roads and Drainage Code;
                3.4. The access driveway is not consistent with current Council Standard
                     Drawing requirements under the Driveways and Carparking Code; and
                3.5. Earthworks conditioned is not consistent with current Council Standard
                     Drawing requirements under the Earthworks Code.
         4.     The development approval was designed in conjunction with 7 Park Crescent,
                Sunshine Beach, which has now lapsed and accordingly has the potential to
                adversely impact on the future amenity of 7 Park Crescent, Sunshine Beach.
         5.     The contributions payable towards trunk infrastructure under this approval are
                not consistent with the current Infrastructure Charges Resolution.
         6.     The proposed development is contrary to the outcomes sought for the site under
                the draft Noosa Plan, with duplex dwellings identified as inconsistent for the area
                in order to accommodate the projected housing needs for Shire.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.



7   RAL19/0008 - DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT
    INTO 2 LOTS) AT 216 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 18 May 2020 regarding Application No. RAL19/0008 for a Development Permit for
    Reconfiguring A Lot (1 Lot into 2 Lots), situated at 216 Black Mountain Road, Black Mountain
    and:
    A.   Refuse the application for the following reasons:
         1.     The proposal does not comply with Overall Outcome 14.181.2a), c) and g) and
                Specific Outcomes O1 & O5 of the Reconfiguring a Lot Code, as proposed lot 2
                does not meet the minimum lot size required, is not suitable for its intended use,
                with the proposed house site and access located on steeply sloping land.


                                                                                      Page 4 of 6

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                            18 MAY 2020


         2.     The proposal does not comply with Specific Outcomes O15 and O77 of the
                Cooroy & Lake Macdonald Locality Code, as the proposal is not responsive to
                the natural topography, and proposes significant earthworks to create a house
                site.
         3.     The proposal does not comply with Overall Outcome 13.30.2a) and b) and
                Specific Outcomes O1and O2 of the Natural Hazards Overlay Code, as proposed
                lot 2 is located in a landslide hazard area and significant earthworks are proposed
                to create the house site potentially placing people and property at risk from future
                landslides. .
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                           Carried unanimously.


8   MCU20/0008 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
    ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
    Committee Recommendation
    Moved:            Cr Jurisevic
    Seconded:         Cr Stewart
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 18 May 2020 regarding Application No. MCU20/0008 for a Development Permit for
    Material Change of Use – Ancillary Dwelling Unit, situated at 1/33 Gateway Drive, Noosaville
    and:
    A.   Refuse the application for the following reasons:
         1.     The proposed development is not for an Ancillary Dwelling Unit as defined under
                section 2.11.5 of the Noosa Plan because:
                a)    A detached house is proposed on the premises;
                b)    The proposed dwelling unit is not subordinate to the non-residential use;
         2.     The proposed development is for a detached house which under Table 11.9 of
                Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
                Zone requiring impact assessment.
         3.     The proposed development is inconsistent with the Noosaville Locality Code in
                the following respects:
                a)    The proposed use will be incompatible with other uses and works on the
                      premises contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
                b)    The proposed use fails to protect the subject premises for industrial
                      functions to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of
                      the Overall Outcomes Division 16;
         4.     The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
                Detached House Code as land zoned industrial is not suited for residential use
                and would be located in the vicinity of land uses which would adversely impact
                the occupation and use of buildings and the site by residents and would result in
                the residential development preventing or inhibiting the conduct of existing land
                uses.


                                                                                       Page 5 of 6

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         18 MAY 2020


         5.     The proposed development fails to provide sufficient car parking on site for the
                dwelling unit and the non-residential use contrary to Overall Outcomes 14.110.2
                c) and d) and Specific Outcome O7 of the Driveways and Carparking Code.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                        Carried unanimously.


9   FINANCIAL PERFORMANCE REPORT - APRIL 2020
    Committee Recommendation
    Moved:           Cr Lorentson
    Seconded:        Cr Finzel
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 18 May 2020 outlining April 2020 year to date financial performance against
    budget, including key financial sustainability indicators.
                                                                       Carried unanimously.




                                                                                    Page 6 of 6

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