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2020-11-10 Planning & Environment Committee Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 10 November 2020
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor – for reports 1 - 3; 5 - 6)
EXECUTIVE
D Iezzi, Acting Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development
The meeting commenced at 9.35am.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 6 October 2020 be
received and confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 7
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 OPW18/0150.01 REQUEST TO CHANGE AN EXISTING APPROVAL FOR
PRESCRIBED TIDAL WORKS - JETTY AT 21 WESLEY COURT, NOOSA HEADS
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report by the Coordinator Engineering to the Planning &
Environment Committee Meeting dated 10 November 2020 regarding Application No.
OPW18/0150.01, request an Other Change to a Development Permit for Prescribed
Tidal Works – Jetty situated at 21 Wesley Court, Noosa Heads, and:
A. Approve the change and agree to change Condition 1 as follows:
Plan No. Rev. Plan/Document Name Date
S01 C2 Drawing Schedule & Transmittal prepared by 12 June 2020
Long View Consulting Engineers
S02 C2 Structural Notes Sheet prepared by Long View 12 June 2020
Consulting Engineers
S03 C2 Site Plan, Framing Plan, Elevations prepared 12 June 2020
by Long View Consulting Engineers
S04 C2 Jetty Framing Details prepared by Long View 12 June 2020
Consulting Engineers
B Approve the change and agree to change Condition 6 as follows:
No additional boatlifting devices are to be attached or moored at the jetty
structure for the purpose of elevating a vessel above the water without Council
approval.
C. Find the following matters relevant to the assessment and sufficient reason to
approve the application:
1. The floating decks comply with the Overall Outcomes of the Watercourses
Works Code as the structures do not detrimentally impact upon the visual
amenity of the area or impact upon navigational access in the canal;
2. The jet ski boat lifting device is located within the jetty structure, is located
directly in front of the subject property and does not detrimentally impact
upon the visual amenity in the area or impact upon navigational access in
the canal;
D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
Page 3 of 7
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
2 132008.1128.04 REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MULTIPLE HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL
BUSINESS - TYPE 2 MEDICAL AND RECONFIGURING A LOT (1 INTO 2 LOTS) AT
GRASSTREE COURT AND BEN LEXCEN DRIVE, SUNRISE BEACH
Motion
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the Planning &
Environment Committee Meeting dated 10 November 2020 regarding Application No.
132008.1128.04 to make a minor change to an existing approval for Development
Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special
Needs; Commercial Business – Type 2 Medical and Development Permit for
Reconfiguring a Lot (1 into 2 lots) situated at Grasstree Court, Sunrise Beach and:
A. Approve the change.
B. Amend conditions 1, 5, 7, 12, 14, 23, 33, 35, 40, 41 and 81 to read as contained
in the Planning & Environment Committee Agenda dated 10 November 2020.
C. Delete condition 21.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
The motion was withdrawn.
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 2 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
3 MCU19/0134 PLANNING & ENVIRONMENT COURT APPEAL NO. D67 OF 2020 -
REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 3 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
Page 4 of 7
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
6 REPORTS FOR NOTING BY THE COMMITTEE
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY FOR
SEPTEMBER 2020
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Belmondos Pty Ltd. I have a relationship with one of the owners of
that company, Jaxon Taylor as Jaxon and his wife live in my neighbourhood and our families
have on occasion socialised together. However I do not consider them to be close personal
friends. Although I have a declarable conflict of interest, I do not believe a reasonable person
could have a perception of bias because I do not consider that I have a close personal
relationship with Mr Taylor and the decision that Council is being asked to make in regard to
this application is not to approve or reject it, it is to only note the decision that has already been
made by Council staff. 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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter in
relation to the application by Sunshine Butterflies as on 23 October 2020 I provided them with
a donation of surfboard making equipment valued at approximately $1200. Although I have a
declarable conflict of interest, I do not believe a reasonable person could have a perception of
bias because I do not have any other association with that organisation and the decision that
Council is being asked to make in regard to this application is not to approve or reject it, it is to
only note the decision that has already been made by Council staff. 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 Stockwell
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the
public interest that Cr Stewart participates and votes on this matter because Council believes
that Cr Stewart does not have a close personal relationship with Mr Taylor and given Council is
not required to approve or reject the application, only note it, a reasonable person would trust
that the final decision is made in the public interest.
Carried unanimously.
(Crs Stewart and Wegener did not vote on the above motion)
Committee Resolution
Moved: Cr Stockwell
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in
the public interest that Cr Wegener participates and votes on this matter because Council
believes that Cr Wegener does not have a close association with Sunshine Butterflies and given
Council is not required to approve or reject the application, only note it, a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
(Crs Wegener and Stewart did not vote on the above motion)
Page 5 of 7
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Manger Development Assessment to the Planning
& Environment Committee Meeting dated 10 November 2020 regarding planning
applications decided by delegated authority for September 2020.
Carried unanimously.
5 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE -
1ST QUARTER 2020-21
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Acting Director Environment and Sustainable
Development to the Planning & Environment Committee Meeting dated 10 November
2020 providing an update on operations of the Environment and Sustainable
Development Department for the period 1 July to 30 September 2020.
Carried unanimously.
7 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Wegener
Seconded: Cr Stockwell
That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local
Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal
in the Planning & Environment Court so that Council’s legal position is protected in relation
to Item 6 – Planning & Environment Court Appeal No. D144 of 2019 – Application for Building
Works at 54 Seaview Tce, Sunshine Beach.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Finzel
Seconded: Cr Stewart
That the meeting be re-opened to the public.
Carried unanimously.
Page 6 of 7
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 NOVEMBER 2020
6 PLANNING & ENVIRONMENT COURT APPEAL NO. D144 OF 2019 -
APPLICATION FOR BUILDING WORKS AT 54 SEAVIEW TCE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 6 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
The meeting closed at 11.21am.
Page 7 of 7