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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

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