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2016-12-15 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 15 December 2016
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
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 15 DECEMBER 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
M Shave, Director Corporate Services
M Drydale, Director Planning & Infrastructure
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6.00pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The Minutes of the Ordinary Meeting held on 17 November 2016 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 15 DECEMBER 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
6 DECEMBER 2016 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and
Tony Wellington
Other Councillors in attendance: Nil.
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 6 December 2016 be adopted.
Carried.
1 MCU6/0066 & OPW16/0133 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET AND
OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT, COOROY
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Jurisevic disagrees with the recommendation
2 OPW16/0177 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL
WORKS - JETTY AND BOATLIFTING DEVICE AT 1/17 SUNSEEKER CLOSE,
NOOSAVILLE
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 December 2016 regarding Application No. OPW16/0177 for a
Development Permit for Operational Works – Jetty and Boatlift situated at 1/17 Sunseeker
Close, Noosaville and approve the application in accordance with the conditions contained
in the Planning & Environment Committee Agenda dated 6 December 2016.
3 OPW16/0016 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL
WORKS - PRESCRIBED TIDAL WORKS (DECK) AT 2 PARKYN COURT, TEWANTIN
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Significance of issue
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 15 DECEMBER 2016
4 132005.1133.5 - REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL FOR
NOOSA SPRINGS RESORT (155 MULTIPLE DWELLINGS & ASSOCIATED FACILITIES)
AT LESLIE DRIVE, NOOSA HEADS
That Council note the report by the Manager Planning & Environment to the Planning &
Environment Committee Meeting dated 6 December 2016 regarding Application No.
132005.1133.5 for a request to change an existing Development Permit for a Material
Change of Use for a Resort of 155 Multiple Dwelling Units and Associated Facilities situated
at Leslie Drive Noosa Heads and approve the request in accordance with the following:
A. Agree to amend the approved description of the use to read as follows:
Material Change of Use for 155 Multiple Dwelling Units and Associated Facilities –
Shop, Restaurant, Multi- Function Room and Gym.
B. Change Conditions 1, 2, 4, 8, 12, 20, 33, 62, 72 and 73 to read as printed in the
Planning & Environment Committee Agenda dated 6 December 2016.
C. Refuse to change conditions 52 & 55 as Unitywater has advised that the conditions are
appropriate at this stage.
5 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PLANNING ASSUMPTIONS)
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 6 December 2016 and:
A. Approve the Planning Assumptions contained in the report and provided in
Attachments 1, 2 and 3 for proceeding with the new Local Government Infrastructure
Plan (LGIP) under The Noosa Plan 2006;
B. Note a future report to Council may be presented to adjust population and development
projections in Attachment 3 if any major discrepancies are identified following
completion of the staff final review of the supporting Demand Modeller and Tracking
Tool (DMaTT) Geographic Information System (GIS) output data; and
C. Request the CEO to write to Unitywater thanking their staff in providing the DMaTT
population and development data for use in Council’s LGIP and to commit Council’s
ongoing support and assistance in future DMaTT updates.
6 MEMORANDUM OF UNDERSTANDING - ZERO EMISSIONS NOOSA COLLABORATIVE
COMMUNITY PARTNERSHIP
That Council note the report by the Executive Officer to the Planning & Environment
Committee Meeting dated 6 December 2016 and endorse Council being a signatory to the
Memorandum Understanding - Zero Emissions Noosa Collaborative Community Partnership
dated 9 November 2016 (provided at Attachment 1 to the report).
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 15 DECEMBER 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
6 DECEMBER 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Crs. Ingrid Jackson and Brian Stockwell (Cr Stockwell left the
room for discussion on item 4)
4 2016-17 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - INFRASTRUCTURE
Cr Stockwell declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his membership on the Executive Committee of the Noosa Lions
Football Club. Cr Stockwell left the meeting room for the debate and decision on this matter.
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and approve the 2016/17 Round
Two Community Projects – Infrastructure provided in Attachment 1 to the report.
Carried.
Cr Stockwell re-joined the meeting.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Pardon
The Services & Organisation Committee recommendations dated 6 December 2016 be adopted
except where dealt with or held over by separate resolution.
Carried.
1 2016-17 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - PROGRAMS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and:
A. Authorise the Chief Executive Officer to amend the Community Grants Policy so that
pilot projects of up to three years become eligible for Community Project Grants
funding;
B. Consider establishing a new category of grants to fund zero emission initiatives as part
of the 2017/18 budget process; and
C. Approve the 2016/2017 Round Two Community Projects – Programs provided in
Attachment 1 to the report.
2 2016-17 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - EVENTS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and approve the 2016/17 Round
Two Community Projects – Events provided in Attachment 1 to the report.
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 15 DECEMBER 2016
3 2016-17 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND TWO) - EQUIPMENT
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and approve the 2016/17 Round
Two Community Projects – Equipment provided in Attachment 1 to the report.
5 SPORTS FIELD AUDIT
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and
A. Note the sports field audits undertaken in the Noosa Shire;
B. Agree to allocate $780 from the Community Grants program to provide membership
for 12 sports clubs to the Sports Turf Association QLD ($65 each);
C. Agree to allow community and sporting clubs to dispose of sports turf green waste,
which includes excessive thatch, from their fields to Council’s approved landfill facility
at no charge; and
D. Consider allocating an additional $10,000 per annum for the next three years to the
sports field maintenance grants to fund sports field audit initiatives in the 2017/18
budget process.
6 NOOSA LIBRARY SERVICE CLEANING CONTRACT - TENDER ASSESSMENT -
1516T102
That Council note the report by the Libraries & Galleries Manager to the Services &
Organisation Committee Meeting dated 6 December 2016 and award tender 1516T102 to
Ecovist Pty Ltd for a contract value of $404,535 ($134,845 ex GST per year over three years)
with an option for 3 x 12 month renewals to the contract upon expiration of the initial three
year contract period.
7 15/16 T104 BANKING SERVICES CONTRACT
That Council note the report by the Manager Financial Services to the Services &
Organisation Committee Meeting dated 6 December 2016 and
A. Approve the appointment of Commonwealth Bank of Australia (CBA) as the provider
of banking services to Contract 15/16 T104; and
B. Approve the contract for a period of five (5) years with consideration to extend the
contract for two terms of up to twenty-four (24) months each.
8 DRAFT CORPORATE PLAN 2016 TO 2036
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 6 December 2016 and adopt the Draft Corporate Plan 2016 to
2036 for the purpose of public consultation.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 15 DECEMBER 2016
GENERAL COMMITTEE RECOMMENDATIONS
12 DECEMBER 2016 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell and Tony Wellington.
3 MCU16/0066 & OPW16/0133 - FURTHER REPORT - APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR COURT,
COOROY
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Pardon
That Council note the reports by the Development Planner to the Planning & Environment
Committee meeting dated 6 December 2016 and the General Committee meeting dated 12
December 2016 and defer consideration of Application No. MCU16/0066 & OPW16/0133 for
a Development Permit for Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages
and Operational Works for Signage, situated at 6 Taylor Court, Cooroy to the next round of
meetings to allow Council to consider further information provided by the applicant.
Procedural Motion
Moved: Cr Wellington
Seconded: Cr Pardon
That the motion lies on the table.
Carried.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Wilkie
The General Committee recommendations dated 12 December 2016 be adopted except where
dealt with or held over by separate resolution.
Carried.
1 MCU6/0066 & OPW16/0133 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET AND
OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT, COOROY
Application dealt with at Item 3.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 15 DECEMBER 2016
2 OPW16/0016 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL
WORKS - PRESCRIBED TIDAL WORKS (DECK) AT 2 PARKYN COURT, TEWANTIN
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a
Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn
Court, Tewantin and refuse the application for the following reasons:
1. The proposed deck does not comply with Overall Outcome and Specific Outcomes of
the Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code,
2. The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the
Coastal Protection and Management Regulation 2003 and does not comply with
Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003,
3. The proposed development will create the potential to intensify the commercial uses
by increasing the available deck areas within the marina,
4. The proposed deck adds a substantial area and additional built form on the Noosa
River, is likely to increase traffic volumes on adjoining lands and there are insufficient
parking facilities available in the area.
4 MCU16/0090 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
WELLBEING TYPE 2 - SOCIAL (SUNSHINE BUTTERFLIES) AT 468 MCKINNON DRIVE,
COOROIBAH
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 December 2016 regarding Application No. MCU16/0090 for a Development Permit
for Material Change of Use of Premises - Wellbeing Type 2 - Social (respite centre) situated
at 468 McKinnon Drive, Cooroibah and:
A. Approve the application in accordance with the conditions contained in the General
Committee Agenda dated 12 December 2016 with a change to Condition 8 to read as
follows:
8. The maximum height of the development must not exceed 9 metres at the pitch
of the roof above the finished ground level and the natural ground level and must
not exceed 2 storeys.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. ‘Our Backyard’ offers rural type uses which are compatible with and maintains
the rural residential character of the area.
2. The proposal partially fills a gap in support services for people living with
disabilities and their families while not adversely impacting on surrounding rural
residential properties.
3. The proposal will generally add positively to Noosa’s social fabric providing a
benefit to the community and is consistent with the intent of Noosa Social
Strategy.
C. Include the Department of Transport and Main Roads conditions as detailed in their
Concurrence Agency response dated 7 November 2016.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 15 DECEMBER 2016
5 DRAFT DEVELOPMENT ASSESSMENT RULES FOR NEW PLANNING ACT
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 December 2016 and request the Chief Executive Officer make
a submission to the State government on the draft Development Assessment Rules for the
Planning Act 2016 seeking that:
1. The assessment time frames of the Sustainable Planning Act 2009 be maintained. The
time frames are proposed to be generally halved under the proposed Development
Assessment Rules and have the potential to significantly impact on Council resources
and achieving good planning outcomes for Noosa. The proposed shortened time
frames will not allow time to undertake a thorough assessment of development
proposals and consult appropriately with the community without additional resources
to Council’s Development Assessment team. Additional resources would need to be
funded by raising fees and charges for development applications, increasing costs for
developers.
2. The Development Assessment Rules maintain and extend the time frame for applicants
to be able to revive a development application where it lapses. This ability is not
consistent with the identified intention for the development process to be ‘an applicant
driven process’, and is likely to create administrative problems for councils and lead to
significant confusion for the community, particularly submitters.
3. The opt-out step for information requests be deleted from the Development
Assessment Rules. The ability to opt-out of an information request in the Development
Assessment Rules is likely to add significant complexity to the development
assessment process without adding value as an applicant currently has multiple
options in regard to giving a response to a request for further information. It is critical
that councils and state agencies retain the ability to raise issues and identify further
information that is required in order to fully understand and assess development
proposals.
4. Applicants be responsible for notifying all relevant entities of a change to the
development application given the identified intention for the development process to
be ‘an applicant driven process. S25.1 of the proposed Development Assessment
Rules requires Councils to give a copy of a notice of change to a development
application to the relevant referral agencies and advise on the effect of the change on
the development process.’
5. Applicants be required to give notice of commencement of the public notification period
to assessment managers, given Council is responsible for ensuring that application
material is available for the community to review and determine whether submissions
are properly made S17.4 of the proposed Development Assessment Rules states that
‘the applicant may give notice to the assessment manager of the intended start date of
public notification’ and does not make this step mandatory.
6 ENDORSEMENT OF BIODIVERSITY ASSESSMENT REPORT
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 12 December 2016, and:
A. Endorse the Biodiversity Assessment Report provided at Attachment 1 for the purpose
of informing the development of an Environment Strategy and supporting Biodiversity
Conservation Plan other than for the following issues:
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 15 DECEMBER 2016
1. Note that this is not the only substantial area of coastal mainland remnant
vegetation between Byron Bay (300 km south in northern NSW) and Bundaberg
(250 km to the north) as referred to on page 17, item 2.1, paragraph 2; and
2. Note that Noosa Council considers the koala as a threatened mammal for West
Cooroy State Forest for the purposes of the table on page 128.
B. Request staff to prepare a discussion paper for the purposes of community consultation
for the development of an Environment Strategy and Biodiversity Conservation Plan.
7 AWARD OF TENDER 1516T043 WASTE MANAGEMENT CONTRACT 2017 - 2024
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management
Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B,
and C, for an initial period of 7 years (at an estimated contract value of $46 million)
commencing on Friday 1 September 2017, and including the ability to award a first
extension of contract for a period of two years and a further second extension of one
year;
B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
Contract Performance Bonds for each Separable Portion A, B and C as detailed in the
tender documents;
C Accept the option provided in the tender documents for the introduction of a 3 bin waste
collection service to single unit domestic dwellings in the urban areas to include a third
bin for garden waste from September 2017 as detailed in the tender documents, Part
E Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township
Areas”
D Agree to the continued provision of an optional garden waste collection service to
commercial and multi-unit domestic premises and other premises within 5 kilometres
of the identified urban garden waste service area;
E Request that staff develop a Policy for the provision of the garden waste service and
report to a future meeting of Council;
F Engage King and Company to finalise the relevant contractual documents including
amendments resulting from contract negotiations and agreed contract departures, for
signing by the successful tenderer.
8 LEASING OF THE DEMOUNTABLE BUILDING AT BICENTENNIAL COMMUNITY
CENTRE
That Council note the report by the Community Facilities Manager to the General Committee
meeting dated 12 December 2016 and:
A. Approve the leasing of the Bicentennial Community Centre (BCC) demountable
building to Montessori Noosa (Education for Generations Ltd) on a 5 X 5 lease,
commencing January 2017; and
B. Provide approval to lease the BCC annexe, also to Montessori Noosa, when the
school’s enrolment levels reach sufficiently high numbers, likely within the next two to
three years.
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 15 DECEMBER 2016
9 NOOSA BIOSPHERE RESERVE BOARD ANNUAL REPORT
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 12 December 2016 and note the annual report for the financial year 2015/16 to Council
by the Noosa Biosphere Reserve Foundation which also incorporates their September 2016
quarterly report.
10 OYSTER RESTORATION PROJECT - ACCEPTANCE OF DRAFT RESOURCE
ALLOCATION AUTHORITY CONDITIONS
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to her membership of the Noosa Parks Association which is one of the project
partners. Cr Jackson believed she could consider this item impartially and in the public interest and
therefore remained in the meeting room for the debate and decision on this matter.
That Council note the report by the Environment Officer to the General Committee Meeting
dated 12 December 2016, and:
A. Accept the Draft Resource Allocation Authority conditions proposed by the Department
of Agriculture Forestry and Fisheries on behalf of the project partners;
B. Authorise the development application for the project to be submitted as soon as
possible to facilitate deployment of the oyster reef restoration units in the March to May
oyster spat recruitment season;
C. Authorise the Chief Executive Officer to negotiate and enter into a formal agreement
with relevant project partners, which will result in nil additional cost to Council (following
payment of development application fees) associated with the project, following receipt
of the development approval.
Cr Jackson voted in favour of the motion.
11 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2016
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 December 2016 providing the November YTD monthly financial
performance report for the 2016/17 financial year.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 15 DECEMBER 2016
6 ORDINARY MEETING REPORTS
1 1617T057 RUFOUS STREET, RUFOUS LANEWAY & DAVID LOW WAY PEREGIAN
BEACH ROADWORKS & LANDSCAPING CONSTRUCTION – TENDER
ACCEPTANCE
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Project Manager to the Ordinary Meeting dated 15
December 2016 and award tender 1617T057 Rufous Street, Rufous Laneway & David
Low Way Peregian Beach Roadworks and Landscaping to Shadforths Pty Ltd for the
lump sum price of $768,818.88 (excluding GST).
Carried.
2 CLIMATE CHANGE PROJECT CO-ORDINATOR
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
That Council note the report by the Principal Strategic Planner to the Ordinary Meeting
dated 15 December 2016 and approve the required capital budget allocation for the
Climate Change Project Coordinator position, as follows:
A. 2016/17 financial year - $50,000;
B. 2017/18 financial year - $100,000; and
C. 2018/19 financial year - $50,000.
Carried.
Item held over from General Committee Recommendations
3 MCU16/0066 & OPW16/0133 - FURTHER REPORT - APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR COURT,
COOROY
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Pardon
That Council note the reports by the Development Planner to the Planning & Environment
Committee meeting dated 6 December 2016 and the General Committee meeting dated 12
December 2016 and defer consideration of Application No. MCU16/0066 & OPW16/0133 for
a Development Permit for Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages
and Operational Works for Signage, situated at 6 Taylor Court, Cooroy to the next round of
meetings to allow Council to consider further information provided by the applicant.
Carried.
Cr Jackson voted against the motion.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 15 DECEMBER 2016
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 19 January 2017 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.32pm.
Page 13 of 13