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2020-04-30 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 30 April 2020
commencing at 1pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 30 APRIL 2020
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 3
9 ORDINARY MEETING REPORTS 4
1 FINANCIAL PERFORMANCE REPORT – MARCH 2020 4
2 MCU19/0132 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (24 HOUR GYM) AT 24 VENTURE DRIVE,
NOOSAVILLE 17
3 MCU19/0066 - MATERIAL CHANGE OF USE – COMMERCIAL BUSINESS -
TYPE 1 OFFICE AT 2197 DAVID LOW WAY, PEREGIAN BEACH 28
4 MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO DB897 OF
2020 – REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR
SERVICE & UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD,
COORAN 41
5 RAL18/0023 - PLANNING & ENVIRONMENT COURT APPEAL NO 765 OF
2020 – REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 INTO
23 LOTS) AT 28 EENIE CREEK ROAD, NOOSAVILLE 46
6 COUNCIL MEETING STRUCTURE AND TIMETABLE 51
10 CLOSED SESSION 60
11 PUBLIC QUESTION TIME 60
12 NEXT MEETING 60
13 MEETING CLOSURE 60
Page 2 of 60
Section 3
ORDINARY MEETING AGENDA 30 APRIL 2020
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 19 March 2020 be received and confirmed.
The Minutes of the Post Election Meeting held on 17 April 2020 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
Nil.
Page 3 of 60
Section 4
ORDINARY MEETING AGENDA 30 APRIL 2020
9 ORDINARY MEETING REPORTS
1 FINANCIAL PERFORMANCE REPORT – MARCH 2020
Author Director Corporate Services, Michael Shave
Corporate Services Department
Index ECM/ Subject/ 22.09 – Monthly Financial Performance Report
Attachments 1. Statement of Income and Expenditure (Profit & Loss and Capital)
2. Statement of Financial Position
3. Statement of Cash Flows
EXECUTIVE SUMMARY
Year to date (YTD) operating performance against current budget as at 31 March 2020 remains
positive, with operating revenue currently above budget and operating expenditure below budget.
Council’s net operating position will be impacted from March through to June 2020 by the COVID-
19 pandemic, due to lost revenues associated with the closure of key community facilities, business
and community financial support measures, observed reductions in waste management collection
charges and disposal fees, and additional expenditures incurred for cleaning, personal protective
equipment, lifeguard contract services etc.
Financial stress testing is currently in progress to determine COVID-19 pandemic implications for
the 2019/20 budget, development of 2020/21 budget and 10 year forecast.
YTD Financial Performance Summary
Budget Actual Variance Variance YTD 30 June
$m $m $m % Status Forecast
Operating Revenue $90.4 $91.1 $0.7 0.7% On Track Below Budget
Operating Expense $72.0 $70.7 $1.3 1.9% On Track On Track
Operating Position $18.4 $20.4 $2.0 10.8%
Capital Revenue $4.4 $6.8 $2.4 54.2% Above Budget On Track
Capital Expenditure* $19.8 $15.5 $4.3 21.7% Below Budget On Track
* Reflects constructed assets and intangibles only (excludes contributed)
Financial statements including Statement of Income & Expenditure, Statement of Financial Position
(balance sheet), and Statement of Cash Flows are included as attachments for information for
Council.
Page 4 of 60
Section 5
ORDINARY MEETING AGENDA 30 APRIL 2020
Figure 1: Actual Performance Compared to Budget
$100 YTD Budget ($m)
$90.4 $91.1
$90 YTD Actual ($m)
$80 $72.0 $70.7
$70
$60
$50
$40
$30
$20
$10
$-
Operating Revenue Operating Expenditure
YTD performance against Council’s key measures of financial sustainability have been calculated
as at March 2020. These indicators enable the reader to assess Council’s success in managing its
budget, cash and debt as well as undertaking sustainable asset management. The table below
contains a snapshot of a number of key measures, with full detail included in the report.
YTD Measures of Financial Sustainability
Target Target Current Actual 30 June
Value Date Budget YTD Status
Operating Surplus Ratio 0-10% 30 June 2020 0.0% 22.4% Watch
Net Financial Liabilities Ratio <60% Ongoing -9.4% -40.1% On Target
Cash Cover Ratio 3 months Ongoing 6.6 months 11.5 months On Target
Asset Sustainability Ratio > 90% 30 June 2020 129% 53.9% On Track
RECOMMENDATION
That Council note the report by the Director Corporate Services to the Ordinary Meeting dated 30
April 2020 outlining March 2020 year to date financial performance against budget, including key
financial sustainability indicators.
REPORT
Operating Revenue (YTD Benchmark 75.0%)
Council has received 91% ($91.1 million) of its operating revenue budget ($99.9 million).
Commentary on each revenue category is provided below.
Category Summary Comments
Rates and Levies $69.2 million (101%) of the General rates $138k above YTD budget (100% or
annual budget of $68.7 million $51.1 million of $51.0 million budget earned)
has been earned Waste utility charges $242k above YTD budget
(102% or $13.1 million of $12.8 million budget
earned) – this positive variance will reduce back
to budget in April 2020 as businesses reduce
waste collection services due to the COVID-19
pandemic
Page 5 of 60
Section 6
ORDINARY MEETING AGENDA 30 APRIL 2020
Category Summary Comments
Fees and $5.4 million (81%) of the $6.7 Plumbing application fees $119k above YTD
Charges million annual budget has budget (92% or $894k of $971k budget earned)
been earned Cemetery fees $80k above YTD budget (110% or
$251k of $229k budget earned)
Building application fees $44k below YTD budget
(69% or $503k of $730k budget spent)
Development related fees $103k below YTD
budget (68% or $1.1 million of $1.6 million budget
earned)
Building compliance fees $44k below YTD budget
(69% or $503k of $730k budget earned)
Sale of Goods $7.1 million (70%) of the Waste management disposal fees and recyclable
and Services $10.1 million budget has been sales $152k below YTD budget (71% or $3.1
received million of $4.3 million budget earned) – Waste
disposal restrictions in place due to the COVID-19
pandemic will impact on disposal revenues (yet to
be quantified) and potentially recyclable sales.
Holiday Park sales $159k below YTD budget
(71% or $2.0 million of $3.1 million budget
earned) – Park closures due to the COVID-19
pandemic will result in full year revenue shortfall
of approximately $1 million should closures
remain in place through to June 2020
Community Facilities (NAC, NLC and The J) $42k
below YTD budget (74% or $1.9 million of $2.5
million budget earned) – Facility closures due to
the COVID-19 pandemic will result in full year
revenue shortfall of approximately $670k should
closures remain in place through to June 2020
Interest Received $1.3 million (89%) of the $1.4 Interest on overdue rates and charges $94k
million annual budget has above YTD budget (94% or $374k of $400k
been earned budget earned)
Investment interest revenue $77k above YTD
budget (87% or $884k of $1.0 million budget
earned)
Recent downward movements in interest rates
and COVID-19 pandemic cash flow impacts will
be monitored for any negative impact on the
overall interest revenue budget
Rental and Lease $1.8 million (80%) of the $2.3 Rental and lease revenue budgets will be
/ Other Revenue million budget has been impacted by the COVID-19 pandemic, with relief
earned provided to tenants and lessees due to facility and
business closures
A full year budget shortfall of approximately $380k
is expected with business rent relief provided
through to June, and should facility closures
remain in place through to June 2020
Operating $3.2 million (64%) of the $5.0 50% or $1.1 million of the financial assistance
Grants, million budget has been grant was prepaid in June 2019 and may impact
Subsidies received on Council’s 2019/20 final operating position if the
prepayment approach is discontinued by the
Australian government
All other operating grants are in line with budget
forecasts at this stage
Page 6 of 60
Section 7
ORDINARY MEETING AGENDA 30 APRIL 2020
Category Summary Comments
Unitywater On track Unitywater distributions are fixed each year so
Distributions little budget variance risk
Unitywater have advised that distributions will not
change due to any COVID-19 impacts on its
financial position
Figure 2: Operating Revenue Position by Type (Excluding Rates)
$8.0 $7.5
$7.1
$7.0
YTD Budget ($m)
$6.0 $5.2 $5.4
YTD Actual ($m)
$5.0
$4.0
$3.0 $3.2 $3.1 $3.1
$3.0
$2.0 $1.3
$1.1 $1.0 $0.9
$0.8 $0.9
$1.0
$0.0
Goods &
Income
Other
Charges
Grants
Unitywater
Services
Sales of
Rental
Interest
Fees &
Share of
Operating Expenditure (YTD Benchmark 75.0%)
Actual operating expenditure is currently 71% ($70.7 million) of full year budget ($99.8 million).
Detailed commentary for each expenditure category is provided below.
Category Summary Comments
Employee Costs $23.5 million (70%) of the Under expenditure for permanent staff salaries
annual budget of $33.5 and wages ($2.1 million) partially offset by
million has been expended additional spend on casual staff and external
labour hire ($839k)
Employee overtime and allowances $331k above
YTD budget (110% or $1.0 million of $953k
budget spent) in part due to recent fire events
Staff training $41k below budget (39% or $133k
of $337k budget spent) – impacted on staff travel
restrictions due to the COVID-19 pandemic
Materials and $31.8 million (69%) of the Waste Management materials and services
Services $45.9 million annual budget $474k below YTD budget (68% or $7.3 million of
has been expended. $10.6 million budget spent) primarily due to landfill
and collection contract under expenditure
Holiday Parks $133k below YTD budget (64% or
$882k of $1.4 million budget spent) – delay in
planned opening of North Shore Campground
(offset by lower revenue and COVID-19 related
closure)
Community Properties $122k below YTD budget
(39% or $172k of $444k budget spent) – timing of
maintenance and utility charges
Page 7 of 60
Section 8
ORDINARY MEETING AGENDA 30 APRIL 2020
Category Summary Comments
Canals and Waterways $116k below YTD budget
(23% or $38k of $166k budget spent) – timing of
contracted canal dredging works
Library services $81k below YTD budget (60% or
$642k of $1.1 million budget spent) – timing of
library collection purchases and programs
Public Amenity materials and services $63k below
YTD budget (67% or $330k of $495k budget
spent)
Disaster Management $100k above YTD budget
(419% or $100k of $27k budget spent) –traffic
control and other contract costs associated with
fire events. QRA grant claim has been submitted
to partially recover costs.
Hastings Street Maintenance Levy $266k above
YTD budget (217% or $489k of $225k budget
spent) – tree lighting replacement program to be
funded from reserve
Development assessment legal appeals costs
$137k above YTD budget (95% or $952k of $1.0
million budget spent)
Development application costs $119k above YTD
budget (194% or $194k of $100k budget spent)
Finance Costs On track Nil
Depreciation On track Nil
Other Expenses On track Nil
Figure 3: Operating Expenditure Position by Type
$35.0 $32.5 $31.8
YTD Budget ($m)
$30.0
$24.2 $23.5
YTD Actual ($m)
$25.0
$20.0
$14.0 $14.1
$15.0
$10.0
$5.0
$1.1 $1.2
$0.2 $0.2
$0.0
Materials
Depreciation
Employees
Finance Costs
Other
Page 8 of 60
Section 9
ORDINARY MEETING AGENDA 30 APRIL 2020
Capital Revenue
YTD capital revenue of $6.8 million received comprises cash contributions from developers ($1.7
million) and capital grants ($5.0 million). Included in capital revenue is an unbudgeted grant for
bushfire disaster recovery ($1.3 million) and an early milestone grant payment for the Orealla bridge
replacement project ($1.4 million). Note that the timing of capital grant receipts are generally
dependent on the timing of grant conditions and also capital delivery performance, and that the timing
of the receipt of developer contributions (both cash and contributed) is unpredictable.
Figure 4: Capital Revenue by Type
$6.0
$5.0
$5.0
YTD Budget ($m)
YTD Actual ($m)
$4.0
$3.0 $2.7
$2.0 $1.7 $1.7
$1.0
$0.1 $0.1
$0.0
Contributions
Contributed
Subsidies
Grants /
Assets
Cash
Capital Program
Actual capital expenditure (excluding contractual commitments) is $15.5 million (YTD budget $19.8
million). Detailed discussion of progress in the delivery of the capital works program is provided
through a separate report by the Asset Planning Manager.
Figure 5: Capital Program Delivery Performance
$18.0 $16.8
$16.0
$13.6 YTD Budget ($m)
$14.0 YTD Actual ($m)
$12.0
$10.0
$8.0
$6.0
$4.0 $3.0
$1.9
$2.0
$0.0
Capital works Other capital
Page 9 of 60
Section 10
ORDINARY MEETING AGENDA 30 APRIL 2020
Cash Management and Investment Performance
Total cash on hand at the end of March 2020 was $76 million. Cash on hand will now degrade by
approximately $40 million as operational and capital costs are incurred through to June 2020.
Financial stress testing is currently occurring to understand the additional cash flow impacts of the
COVID-19 pandemic through to June (in addition to business as usual costs).
The following pie charts present the mix of cash held at March 2020 by agency (graph on the left)
and by credit risk rating (graph on the right). All funds have been invested in accordance with the
Investment Policy and in consideration of the principles of ethical investment, preservation of capital,
return on investment and counterparty thresholds.
Figure 6: Closing Cash Held by Agency and Credit Rating
A3
Bendigo (Bendig
CBA 3% o)
7% A1 +
3%
(CBA +…
QTC A1 +
90% (QT…
The following chart monitors the 12-month trend on total cash and the agencies invested. No
investments or deposit draw-downs were made during March, with sufficient cash being held in
Council’s operating bank accounts to fund the delivery of services for the month.
Figure 7: 12 Month Trend of Cash Invested by Agency
90,000,000
80,000,000
70,000,000
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
-
Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20
Bendigo TD Westpac TD NAB TD Suncorp TD CBA TD QTC CBA Operating
Page 10 of 60
Section 11
ORDINARY MEETING AGENDA 30 APRIL 2020
Measures of Financial Sustainability
The following table incorporates a set of financial sustainability indicators to further assist in
managing Council financial performance. There are no current material emerging risks regarding
performance to date for the financial year.
Category Comments
Operating Surplus Ratio Intent: Identifies the extent to
which revenues cover
operational expenses, to ensure
community equity is not
degraded
Target: 0 – 10%
Target Date: 30 June
Result: 22.4%
Comment: The ratio will decline
from March to June as January
rates are expended on the
delivery of Council services, and
COVID-19 pandemic financial
impacts are realised
Cash Expense Cover Intent: Indicates how long
council can continue paying its
day-to-day expenses from cash
at bank without needing
additional cash flows
Target: > 3 months
Target Date: Ongoing
Result: 11.5 months
Comment: Whilst current cash
cover remains above target,
business as usual expenditure
and COVID-19 pandemic
financial impacts through to 30
June 2020 will degrade Council’s
cash holdings. Analysis is
currently occurring to
understand COVID-19 pandemic
financial sustainability
implications
Asset Sustainability Ratio Intent: Measures the extent to
which assets are being replaced
as their condition degrades to
ensure service potential is
maintained
Target: 90% of depreciation
budget spent on renewals
annually
Target Date: 30 June
Result: Slightly under budget
Comment: The actual result will
progressively increase each
month as expenditure on
renewal projects occurs.
Page 11 of 60
Section 12
ORDINARY MEETING AGENDA 30 APRIL 2020
Category Comments
Net Financial Liabilities Ratio Intent: Outlines the level that net
Council debt can be serviced by
operating revenues. A ratio
below zero implies that liabilities
are less than cash (and other
current assets) and there is
adequate borrowing capacity
available if needed.
Target: less than 60%
Target Date: Ongoing
Result: (40.1%)
Comment: Council has low debt
levels and strong cash holdings
reflected in the YTD result.
COVID-19 pandemic financial
impacts through to 30 June 2020
will reduce the ratio performance
as current assets reduce
Investment Return Intent: Ensure appropriate
return on investment yield for
cash at bank.
Target: 0.25% above current
Bloomberg commonwealth 10
year bond rate yield (March =
1.18%)
Target Date: Ongoing
Result: 1.83%
Comment: Regardless of the
steady decline in long term bond
rates (due to current economic
conditions), Council’s
investment return still remains
above target
Rates in Arrears Intent: Ensuring that the amount
of unpaid rates remains
sustainable and does not
negatively impact cash flows and
ability to provide services
Target: 5% industry benchmark
Target Date: Ongoing
Result: 8.3%
Comment: Ratepayer payment
plans and external debt recovery
measures for rate arrears have
been put on hold due to the
COVID-19 pandemic. The rate
arrears ratio will likely increase
as the economic impacts of the
pandemic are realised over the
next 12-24 months. Analysis is
currently occurring to
understand financial
sustainability implications
Page 12 of 60
Section 13
ORDINARY MEETING AGENDA 30 APRIL 2020
Previous Council Consideration
Nil.
Finance
As above.
Risks & Opportunities
Council’s strategic risk register includes a number of risks that could impact on ongoing financial
sustainability. Effective budget management and reporting is an important risk mitigation tool.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director X Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 13 of 60
Section 14
ATTACHMENT 1
Page 14 of 60
ATTACHMENT 1
Profit and Loss Statement
Revenue
Recurrent Revenue
Rates, levies and charges 68,702 68,702 69,162 461 101%
Fees and charges 6,642 5,236 5,390 154 81%
Interest received 1,410 1,067 1,259 192 89%
Sale of Goods and major services 10,127 7,487 7,133 (353) 70%
Sale of contract and recoverable works 23 - 1 1 5%
Rental & lease income 1,296 1,039 944 (95) 73%
Other income 985 768 889 121 90%
Grants, subsidies, contributions and donations 4,999 3,045 3,224 179 64%
Unitywater Distributions 5,650 3,089 3,089 - 55%
99,833 90,432 91,091 659 91%
Expenses
Recurrent Expenses
Employee benefits 33,517 24,212 23,480 (732) 70%
Materials and services 45,863 32,475 31,791 (683) 69%
Finance costs 1,528 1,146 1,197 51 78%
Depreciation 18,713 14,035 14,063 28 75%
Other expenses 188 158 161 3 85%
99,809 72,026 70,692 (1,334) 71%
OperatingResult 18,406 20,309 998
Summary of Capital Revenue and Expenditure
Capital Funding
Capital cash contributions and infrastructure charges 2,134 1,662 1,710 48 80%
Contributed assets 2,000 124 124 - 6%
Capital grants and subsidies 5,281 2,650 5,008 2,358 95%
Cash / revenue 27,337 19,410 15,220 (4,190) 56%
New loan borrowings - - - - 0%
Other capital revenue - - - - 0%
Total CapitalRevenue 86,753 23,845 22,062 (TBA)
Capital Expenditure
Contributed assets 2,000 124 124 - 6%
Capital works - constructed assets 26,091 16,795 13,637 (3,158) 52%
Capital works - other capital 4,781 3,047 1,894 (1,153) 40%
Loan repayments 3,880 3,880 3,950 70 102%
Other capital expenses - - 2,457 2,457 0%
Total Capital Expenditure = 86,753 23,845 22,062 (4.784)
Page 14 of 60Section 15
ATTACHMENT 2
Page 15 of 60
ATTACHMENT 2
Current Assets
Cash and cash equivalents 43,942 76,251 55,981
Trade and other receivables 9,290 8,840 6,666
Inventories 198 213 198
Other current assets 2,466 3,123 4,541
55,897 88,426 67,386
Non Current Assets held for sale - - -
Total Current Assets 55,897 88,426 67,386
Non Current Assets
Trade and other receivables 49,718 49,718 49.718
Other non current Assets - - -
Investments 60,978 60,978 60,978
Investment property 3,300 3,300 3,300
Property, plant and equipment 916,382 884,328 885,912
Intangible assets 7,170 6,612 5,953
Total Non Current Assets 1,037,548 1,004,936 1,005,861
TotalAssets 4,093,445 1,093,362 1,073,247
Current Liabilities
Trade and other payables 5,078 10,912 9,594
Borrowings 2,414 103 3,112
Provisions 4,630 3,157 4,918
Other 2,778 1,553 2,768
Total Current Liabilities 14,900 15,724 20,392
Non Current Liabilities
Trade and other payables - - -
Borrowings 19,555 21,120 21,120
Provisions 12,054 11,523 11,523
Total Non Current Liabilities 31,608 32,643 32,643
Totalliabilities | 46,508 48368 53,035.
NetCommunityAssets 1,046,937 1,044,994 1,020,212
Community Equity
Asset Revaluation Surplus 68,337 50,809 50,809
Retained Surplus / (Defeciency) - - -
Shire Capital 978,600 969,402 951,918
Current Year Net Earnings - 24,783 17,485
TotalCommunityEquity = 1,046,937 1,044,994 1,020,212
Page 15 of 60Section 16
ATTACHMENT 3
Page 16 of 60
ATTACHMENT 3
Cash flows from operating activities
Cash Flows from Operating Activities
Receipts from Customers 85,969 83,961 92,597
Payments to Suppliers and Employees (84,340) (59,502) (78,821)
1,629 24,458 13,776
Receipts:
Investment and Interest Revenue Received 4,010 2,454 4,763
Rental Income 1,290 944 1,281
Non Capital Grants and Contributions 4,976 3,224 5,447
Income Tax Equivalent Received 1,200 1,247 1,754
Income from Equity Investments 1,850 646 1,487
Payments:
Borrowing Costs - - -
Interest Expense (1,282) (123) (133)
Cash Flows from Investing Activities
Receipts:
Proceeds of Sale of Property, Plant and Equipment 10 38 383
Grants, Subsidies, Contributions and Donations 7,415 6,718 5,140
Payments:
Payments of Property, Plant and Equipment (28,809) (14,217) (24,848)
Payments for Intangible Assets (2,063) (1,294) (1,347)
Net Movement in Loans and Advances - 125 (625)
Cash Flows from Financing Activities
Receipts:
Proceeds from Borrowings - - -
Payments:
Repayment of Borrowings (2,264) (3,950) (15,290)
Cash and Cash Equivalents at the beginning of the reporting period 55,981 55,981 64,193
Page 16 of 60Section 17
ORDINARY MEETING AGENDA 30 APRIL 2020
2 MCU19/0132 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT & FITNESS
(24 HOUR GYM) AT 24 VENTURE DRIVE, NOOSAVILLE
Author Development Planner, Billy Glover
Environment and Sustainable Development Department
Index ECM/ Application/ MCU19/0132
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant APPJ Holdings Pty Ltd
Proposal Material Change of Use - Entertainment & Dining Type 2 Recreation,
Amusement & Fitness
Properly Made Date 1 November 2019
Information Request Date 29 November 2019
Information Response Date 19 December 2019
Decision Due Date 4 March 2020
Number of Submissions Nil
PROPERTY DETAILS
Property Address 24 Venture Dr, Noosaville
RP Description Lot 15 SP 216079
Land Area 1,648.99m²
Existing Use of Land Vacant Building (Approved for Industrial Business Type 2 Production,
alteration, repackaging & repairing)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Biodiversity (Environmental Protection Area)
Natural Hazard (Acid Sulfate Soils)
Assessment Type Impact
Page 17 of 60
Section 18
ORDINARY MEETING AGENDA 30 APRIL 2020
RECOMMENDATION
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 regarding Application No. MCU19/0132 for a Development Permit for Material Change of Use
– Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym), situated at 24
Venture Dr, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with,
and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.101 C Site Plan, drawn by Zest Design 26/02/2020
Nature and Extent of Approved Use
3. The maximum number of patrons on site at any one time must not exceed 27, with up to
2 staff permitted on site at any one time.
4. An online booking system must be used at all times to ensure the maximum number of
persons on site at any one is managed and does not exceed 27 patrons.
5. The gym must be staffed at a minimum between 7am -10am and 3pm – 6.30pm each
day to monitor patron numbers and ensure the maximum patron numbers are not
exceeded.
Bicycle Parking and End of Trip Facilities
6. A minimum of 5 bicycle parking spaces, 5 lockers and 2 shower cubicles must be
provided on site.
Landscaping
7. A minimum of 15% of the site must be retained as landscaped area and landscaped in
accordance with the Noosa Plan and local planning scheme policy.
Amenity
8. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the area by reason of the creation of excessive
noise, lighting nuisance or other emissions.
Advertising Signage
9. Any advertising sign or device must comply with Council’s policies on advertising.
Currency Period
10. The Currency Period for this development approval lapses if the use has not happened
by 30 April 2026, unless an application to extend the currency period is approved by
Council.
11. This development approval lapses 2 years after the commencement of the use, unless
further extended by Council in writing. On commencement of the use written notification
must be given to Council advising of the commencement day.
Page 18 of 60
Section 19
ORDINARY MEETING AGENDA 30 APRIL 2020
ENGINEERING
Car Parking
12. A minimum of 18 car parking spaces and 4 motorcycle/motor scooter spaces must be
provided and marked on the site, and made available and accessible at all times while
the use is open for business. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. 2 staff parking spaces within the total, which are clearly marked for that purpose;
b. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code;
c. 1 disabled parking space/s within the total;
d. crossfalls and gradients in accordance with Australian Standard AS2890: Parking
Facilities.
13. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
14. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
15. All carparking must be line-marked generally as shown on drawing A.101, titled “Site
Plan”, Rev C, dated 26/02/2020, prepared by Zest Design.
Stormwater Drainage
16. Stormwater runoff from the development must be disposed of without causing scour or
damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
17. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
Easements
18. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
19. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Page 19 of 60
Section 20
ORDINARY MEETING AGENDA 30 APRIL 2020
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. Some sport and recreational uses are accepted in the Industry zone given the limited
potential impacts of sport and recreation uses;
2. The fitness centre is of a similar size and scale to other approved gyms within the
Noosaville Industrial area; and
3. The proposed gym is consistent with the outcomes sought for the Venture Drive
Enterprise Precinct under the draft planning scheme.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval for a Material Change of Use - Entertainment & Dining Type 2
Recreation, Amusement & Fitness for a 24 hour gym.
The applicant proposes to relocate the existing Anytime Fitness gym to the subject site and tenancy
from the current Noosa Civic location. The applicant submits the following:
The proposed use is one of a traditional gymnasium which is open for patron use 24-hours a
day, 7-days a week. Anytime Fitness currently operates from a site located within the Noosa
Civic Shopping Complex, and is looking to relocate to the subject site.
The use areas of the development will comprise office area, cardio equipment area, boxing
and crossfit rings, sled track, free weights, gymnasium machine activity space, and change
rooms including toilets and showers.
The applicant proposes the following specifics in relation to the proposed Anytime Fitness
Noosa gym:
It is open to members 24 hours a day, 7 days a week
Timetabled group training sessions are not offered
Members are able to book their workout slot online
Capped at a maximum of 29 members at any one time with a maximum of 2 staff on site
at any time
The locality and proposal plans are included below.
Figure 1 – Site Locality
Page 20 of 60
Section 21
ORDINARY MEETING AGENDA 30 APRIL 2020
Figure 2 – Site Plan
2. SITE DETAILS
2.1. Background
The subject site was created and developed circa 2016. The existing building was approved as a
Warehouse (MCU16/0087).
2.2. Site Description
The site is 1,648.99m2 in area and is generally flat. The site enjoys direct access from Venture Drive
and is provided with 15 car spaces on a concrete hardstand area at the front of the building.
2.3. Surrounding Land Uses
The site is surrounded predominantly by industrial uses within the Industry Zone. The surrounding
area does include a mix of other existing and/or approved uses, such as a Chocolate Factory with
Restaurant, a Brewery with Restaurant (and bar), Gyms and Retail Hardware stores.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
Page 21 of 60
Section 22
ORDINARY MEETING AGENDA 30 APRIL 2020
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions
are relevant to the development.
The subject site is located in the Noosaville Locality and is zoned Industry. The proposed use is
identified as an inconsistent use within the zone and is required to follow an impact assessable
application process.
Land Use
Council has previously approved a number of gyms and other similar land uses in the Noosaville
Industrial area, including dance and swim schools. Often these types of uses require tenancies found
in industrial areas given the need for large floor plates and the potential for some sport and recreation
uses to adversely impact on neighbouring commercial/retail properties.
The Noosa Plan includes the following overall outcome for the area:
Noosaville Locality Code
vv) For the Industry Zone—land in this zone—
ii is protected for industrial functions including Industrial business Type 2 to the
exclusion of incompatible uses including Residential Uses, Community Uses,
Commercial business and most sport and recreation uses and Retail business
uses;
The proposed gym is currently well located in the Noosa Business Centre as part of the Noosa Civic
shopping centre and is proposing to move to the proposed site due to leasing costs, with the
industrial area offering cheaper leasing arrangements. This is the only reason given by the applicant
for the proposed relocation and it is therefore difficult to reconcile that there is any real planning need
for this gym to operate in the industrial area that warrants approving an inconsistent use in the
industrial area.
The table below provides an assessment of the proposed gym against the key development
parameters for the site and identifies the proposal’s compliance with the applicable scheme
requirements.
Criteria Planning Scheme Proposal Complies
Site Area Not applicable 1,648.99m² -
Use area Not applicable 705m² -
2
Gross floor area Not applicable 752m -
Carparking 1 space per 20m2, or part thereof, of 16 car spaces
use area; OR 1 space per 3 persons
capable of being entertained at any one 2 staff car spaces
time, whichever is the greater.
4 motorcycle spaces
= 36 spaces
= 19 spaces X
Page 22 of 60
Section 23
ORDINARY MEETING AGENDA 30 APRIL 2020
Criteria Planning Scheme Proposal Complies
Bicycle Spaces 16 bicycle spaces 15 bicycle spaces (racks) X
End of Trip Facilities*
1 locker per 2 bicycle spaces 8 locker/s (minimum)
*(required only where and;
5 + spaces are 1 shower cubicle with 2 shower cubicles
required) ancillary change room per
10 bicycle spaces
Carparking
As demonstrated in the table above, the proposal does not comply with the scheme’s minimum car
parking requirements for a gym.
Based on the proposed total use of the area of the gym of 705m2, the proposed gym requires 36 car
parking spaces to be provided on site. The proposal includes the equivalent of 19 on site car parking
spaces, therefore falling short of the required car parking by 17 spaces.
To support their application, the applicant provided survey data from the existing Noosa Civic
Anytime Fitness gym indicating no more than 20 people enter the gym within any given hour time
slot and therefore arguing the proposed site provides sufficient car parking for the peak demand of
the existing business. Furthermore, the applicant submits that the relatively low population growth of
the Noosa Shire will not generate any further significant demand for the subject gym into the future.
Council’s consulting traffic engineer advises a survey of the existing gym is not a reasonable
indicator of the likely parking demand for the proposed gym as the new gym has a gross floor area
of 752m2 more than double the area of their existing Noosa Civic tenancy of 365m 2. Therefore to
address the proposed gym’s likely parking demand, the applicant was requested to provide parking
surveys from two existing gyms of similar floor area and mode of operation, in order to demonstrate
the proposed on site car parking arrangement is suitable for the likely demand of the proposed gym.
The surveyed gyms were not required to be located in the local area as it is considered the supply
and demand for gyms self regulates in each region. The applicant did not provide any further survey
material to support their proposal.
However, the applicant instead suggested that the total use area of the proposed gym is only
523.5m2, based on individual equipment areas and therefore requires less car parking pursuant to
the planning scheme’s car parking rate for gyms. Additionally, the applicant proposes that Members
are able to book their workout slot online suggesting the maximum number of gym users can be
limited and conditioned accordingly, as follows:
Utilising Councils traffic consultant’s methodology of 0.8 the maximum number of persons on
site, being either staff / customers would be 26.5 persons, refer table below.
Qty of Spaces Proposed Qty of Patrons
Car park 17 spaces 17 / 0.8 = 21.25 persons
Motorcycle / Scooter 4 spaces (1 equivalent car space) 4 x spaces = 4 persons
PWD 1 space 1 / 0.8 = 1.25 persons
Total 18 car spaces / 4 scooter spaces 26.5 persons
On Street 2 spaces 2 / 0.8 = 2.5 persons
Total 20car spaces / 4 scooter spaces 29 persons
*Note- it is reasonable that rather than the scooter spaces being combined and 4 scooter
spaces being counted as 1 car space that each scooter space is allocated as a person able
to attend the gym. Previous modal studies of existing gyms has provided evidence that the
number of persons utilising scooter / motorcycle is 11% of all patronage.
Page 23 of 60
Section 24
ORDINARY MEETING AGENDA 30 APRIL 2020
Further consideration may also be given to the availability of alternative parking specifically for
this site and its staff and or patrons.
This application is for the entire site at 24 Venture Drive, there are no other tenancies that are
operating, or parking spaces shared with other uses. It is reasonable to expect that the
availability directly in front of 24 Venture Drive of 2 on street parking spaces could be
accredited in car parking allocation for this proposed use.
We would ask council to consider this and grant a maximum population of patrons / staff on
site of 29 persons.
All existing gym members in other gyms currently require using a swipe card, swipe tag etc to
gain access to their gym when working out. This allows management to understand when and
who is working out in the gym. It is also used to correlate with CCTV that is installed at the
entrance so that sign in, correlates with a video image, again for added safety and security.
To ensure that maximum attendance numbers are capped to meet car parking requirements,
the current system in allowing entry would be modified by readily available systems that exist
which require the following procedure:
a. Booking on line through an APP you gym session time for the week – 1 hour slots
b. When each booking is made you are issued with a QR Code for that session that you
scan and allows you entry into the gym. Access to the gym cannot occur without scanning
a QR Code.
c. CCTV is still in place that ensures that only one person enters with each code scanned.
d. Onsite management will also be in place from 7am – 10am and 3.00pm – 6.30pm to also
ensure that maximum numbers are not exceeded by possible persons following in
another member.
e. The system is simple to use and is one that a range of proprietary applications exist that
require minor modification to suit this application.
https://www.trybooking.com/info/trybooking-scanning-app
This type of app and system is similar to what hotels currently use in allowing guests access
to their rooms or areas of the property, it can be specific in time and areas of access. Its
adaptation to using for the fitness industry is not complicated and can be achieved with minimal
coding and software installation.
It is generally preferred and intended for traditional 24 hour open access gyms to be located within
business centres with shared car parking arrangements. Considering the presence of a mix of uses
and consequent varied peak parking demand times, centres typically provide suitable overflow car
parking for gyms and other uses to co-locate. Furthermore, centres have direct access to public
transport and other supporting services.
The applicant’s proposed calculation of total use area is not consistent with the planning scheme’s
definition with walkway areas between individual equipment areas also required to be included for
the purpose of calculating total use area. Further, the applicant’s calculation of the maximum number
of gym patrons permissible utilising Council’s traffic consulting engineer’s rate of 0.8 parking space
per member also relies on 2 street car parking spaces. This is not supported as these parking spaces
should be maintained for any overflow parking, given Council’s traffic consulting engineer’s rate is
based on an average demand for parking, assumes some patrons will travel together and does not
address potential overlap of patrons.
The proposed booking system is also not currently utilised by the gym at its existing location in Noosa
Business Centre, there are no known gyms that operate in this manner and concern is raised that it
may not be able to be suitably implemented and may be difficult to enforce.
Page 24 of 60
Section 25
ORDINARY MEETING AGENDA 30 APRIL 2020
Bicycle Parking and End of trip facilities
Probable Solution S31.2 of the Business Uses Code requires 16 bicycle parking spaces to be
provided on site. The proposal includes 15 bicycle parking spaces at the front of the building, 2
shower cubicles and a minimum of 8 lockers.
Given the proposal seeks to limit the number of patrons and staff on site at any one time, it is
considered reasonable to reduce the required number of bicycle parking spaces from 16 down to a
minimum of 5. This is considered appropriate for the number of patrons or staff likely to travel to the
site by bicycle and in relation to the number of patrons or staff that are not provided with an on site
vehicle space, as follows:
Max. 27 patrons/staff – 22 spaces on site (18 car + 4 motorcycle/motor scooter)
= 5 bicycle parking spaces
4. DRAFT PLANNING SCHEME
With regards to the draft planning scheme, the subject site is identified within the Venture Drive
Enterprise Precinct. The proposed Indoor sport and recreation use is identified as a consistent use
within the Venture Drive Enterprise Precinct and would require code assessment against the
planning scheme.
The intent of the Venture Drive Enterprise Precinct is to provide for development that may include
some Theatre uses (filmmaking studio or music recording studio) and Sport and Recreation uses
where adverse off-site impacts are avoided and the use is compatible with surrounding industry uses
and does not compromise the ongoing operation and viability of industry activities nearby and with
the medium impact industry zone.
The Driveways and Parking Code specifies minimum parking of one space per 20m 2 gross floor
area, consistent with the current planning scheme’s car parking rate.
5. CONSULTATION
5.1. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer, Development Assessment
The application was forwarded to the following external consultants:
Traffic Engineer
5.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.
No properly made submissions were received.
6. CONCLUSION & REASONS FOR DECISION
The proposed gym is contrary to the Noosa Plan outcomes sought for the Noosaville industrial area,
and the applicant has not demonstrated any planning grounds for the gym to locate in the industrial
area, given they are currently well located in the Noosa Business Centre. The applicant is proposing
to relocate to the industrial area due to cheaper leasing arrangements which the Planning Act 2016
specifically excludes as being a relevant matter for the assessment of impact assessable
applications.
Notwithstanding this, Council has issued a number of development approvals for gyms and the like
in the Noosaville industrial area under the current planning scheme and has specifically identified
this part of the industrial area under the draft planning scheme as being suitable for a range of
commercial uses, including gyms.
Page 25 of 60
Section 26
ORDINARY MEETING AGENDA 30 APRIL 2020
While the proposed car parking for the gym falls well short of the required car parking under the
planning scheme (17 spaces), the applicant has demonstrated that if a booking system is put in
place and the number of members is limited to no more than 27 patrons on site at any one time, the
proposed on site car parking is likely to be satisfactory. It is though recommended in this regard that
the approval be limited to a maximum of 2 years to allow the proposed arrangements to be monitored
over time to ensure this is a workable solution. At the end of this time, where no parking impacts
arise, the applicant may seek this time limit be removed or extended.
It is therefore recommended the application be approved subject to reasonable and relevant
conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 26 of 60
Section 27
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Page 27 of 60
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5 1 1 1 60 1 769 2327 41 17 86 soseSection 28
ORDINARY MEETING AGENDA 30 APRIL 2020
3 MCU19/0066 - MATERIAL CHANGE OF USE – COMMERCIAL BUSINESS - TYPE 1
OFFICE AT 2197 DAVID LOW WAY, PEREGIAN BEACH
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU19/0066
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Sabine Freitag
Proposal Material Change of Use - Commercial Business - Type 1 Office
Properly Made Date 20 June 2019
Information Request Date 18 July 2019
Information Response Date 16 October 2019
Decision Due Date 10 March 2020
Number of Submissions 39 properly made objections
PROPERTY DETAILS
Property Address 2197 David Low Way Peregian Beach
RP Description Lot 625 P 93121
Land Area 501m²
Existing Use of Land Nursery and Dwelling
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Eastern Beaches
Zone Detached Housing
Overlays Natural Hazard Overlay – Bushfire and Acid Sulfate Soils
Assessment Type Impact
Page 28 of 60
Section 29
ORDINARY MEETING AGENDA 30 APRIL 2020
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Ordinary Meeting dated 30 April
2020 regarding Application No. MCU19/0066 for a Development Permit for Material Change of Use
- Commercial Business - Type 1 Office situated at 2197 David Low Way, Peregian Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SK0 1.2 A Site Plan prepared by pent Archi 10/10/2019
SK0 1.3 A Floor Plan prepared by pent Archi 10/10/2019
Nature and Extent of Approved Use
3. The approval allows for 32m2 of Office for the purpose of a real estate agency.
4. The Office (real estate) may operate 8.00am to 6.00pm, Monday to Saturday.
5. A maximum of 2 staff are permitted on site at any one time.
6. The real estate agency must be limited to sales only, no rental listings are permitted.
Car Parking
7. A minimum of 2 car parking spaces must be provided on the site in the area noted as
Staff car parking on the approved plans.
8. All staff must be directed to park within the approved staff car parking area as shown on
the approved plans.
9. The staff car parking must be made available and accessible to staff at all times while
the use is operating.
10. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
Advertising Devices
11. Any advertising sign or device must comply with Council's policies on advertising.
B. Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The site has not been used for residential purposes for a significant period of time as it
obtained a building approval for a Kiosk in 1969 and planning approval for a Nursery in
1972.
2. The proposal will not result in additional commercial use area as it utilises part of an
existing building associated with an existing lawful commercial use.
3. The proposed use will not result in any significant new or additional impacts on the
surrounding residential amenity.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 29 of 60
Section 30
ORDINARY MEETING AGENDA 30 APRIL 2020
REPORT
1. PROPOSAL
The application proposes to use part of an existing building at 2197 David Low Way for the purpose
of a real estate office.
It is proposed to use 32m2 for office with the remaining area to be utilised by a gift shop/coffee kiosk,
storage and toilet.
The applicant advises that there will be a maximum of 2 staff and the agency will only provide for
sales with no rental listings. As such, it is anticipated that there will be limited attendance of the office
by clients as the majority of client interaction is undertaken within people’s homes.
The applicant has proposed that a structure to the rear of the site be utilised for staff car parking.
The structure is currently used for parking 1 vehicle with the remaining area used to store goods.
The applicant proposes to re-locate the good and use the structure used to accommodate 2 staff
vehicles.
The existing building is situated on the western half of the lot and is approximately 77m 2. The
following images detail site and floor plans and locality plans.
Figure 1: Subject site
Page 30 of 60
Section 31
ORDINARY MEETING AGENDA 30 APRIL 2020
Figure 2: Floor Plan
Figure 3: Locality Plan
Page 31 of 60
ORDINARY MEETING AGENDA 30 APRIL 2020
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Page 31 of 60Section 32
ORDINARY MEETING AGENDA 30 APRIL 2020
Figure 4: Locality Plan
2. SITE DETAILS
2.1. Background
The site was formerly included within the Shire of Maroochy and in April 1972 approval was issued
over lots 624, 625, 902 and 896 for a nursery. Subsequently detached houses were built on lots 624
and 902. It is unknown if the nursery use operated from these lots prior to the dwelling houses being
built. A copy of the original development approval is not available.
Council records also indicate that an approval was issued for a kiosk in 1969.
The following image details the lots which were subject to the original approval.
Figure 5: Lots subject to the original approval
Page 32 of 60
Section 33
ORDINARY MEETING AGENDA 30 APRIL 2020
On 30 July 2002 the Maroochy Shire Council Team Leader Development Assessment sent a letter
to the property owner advising that the inclusion of an activity that includes the provision of serving
tea, coffee and cake to customers of the garden centre may be considered an ancillary use. It is
noted that under the current planning scheme the nursery would be defined as Retail Business Type
7 – Garden and Lifestyle Centre which would also permit an ancillary coffee shop.
In 2010 Council provided written advice to the property owner that the building in which the proposed
office is located could be used for the purpose of selling nursery related products as this was
considered ancillary to the nursery. An inspection of the site has confirmed that the gift shop is selling
a range of items including plant pots, vases and homewares.
Therefore, the existing coffee kiosk/gift shop are considered to have either existing use rights or are
ancillary to the site’s lawful use as nursery and do not require a further development approval from
Council.
2.2. Site Description
The site is a rectangular shaped lot which is situated on the corner of David Low Way and Jabiru
Street and serviced by access from Jabiru Street. The existing access off Jabiru Street is
approximately 7.5 metres wide and provides access via to 2 separate sets of gates. One of the
gates services a dwelling which is partly situated on the subject site and partly on the adjoining lot
which is in the same ownership as the subject site. Off street angled parking is located to the David
Low frontage and extends beyond the southern boundary of the site. The topography is generally
flat with the site area being approximately 500m2.
With regards to car parking associated with the existing nursery it is noted that 10 existing car parking
spaces are situated within the road reserve adjacent to the frontage of the 3 lots known as 2197
David Low Way and currently in the same ownership. It is unclear as to when these spaces were
created.
Figure 6: Car parking in the road reserve (highlighted)
Page 33 of 60
Section 34
ORDINARY MEETING AGENDA 30 APRIL 2020
2.3. Surrounding Land Uses
North: Jabiru Street and 2199 – 2201 David Low Way: comprising 15 dwellings units known as
Calypso Sands Holiday Apartments.
South: Also known as 2197 David Low Way: was included in the original planning approval for
the nursery land use. The site is extensively covered with built form which are in part associated with
the nursery use, a dwelling and a shop known as Sheepskin and Opal World.
East: 61 Oriole Avenue: a detached house situated within close proximity of the common boundary
on land with a similar size and topography to the subject site.
West: David Low Way and Noosa National Park
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP
raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions
are relevant to the development.
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed use is identified as an inconsistent use with the zone and is required to follow an impact
assessable application process. In relation to the proposal, the most relevant overall outcomes state:
jj) For Peregian Beach—
…
iii. a wide range of local Retail, Commercial and Entertainment and Dining Uses within
the neighbourhood centre serve the immediate needs of residents and visitors of
the locality;
kk) For the Detached Housing Zone—single detached housing prevails that maintains—
i. a low impact, low density development form of domestic scale;
ii. a high level of residential amenity and design quality;
…….
Page 34 of 60
Section 35
ORDINARY MEETING AGENDA 30 APRIL 2020
The proposed real estate office conflicts with the above overall outcomes as the proposed
commercial use is not located in the Peregian Beach village and is proposed on land intended to be
developed for detached housing. Despite these conflicts with the Overall Outcomes, an existing
development approval for a nursery is current for the site and the site has been lawfully used for a
commercial purpose for an extended period of time. Furthermore, the proposal does not require the
development of any new buildings or structures as the office is accommodated within an existing
building and replaces a lawfully existing commercial use which was permitted to occur in that part of
the building. The proposed real estate office will also not result in any new or additional impacts to
the approved use of the site for a nursery as the use is limited to sales only with a maximum of 2
staff on site. Furthermore attendance at the site by clients is anticipated to be limited as the majority
of client interaction is proposed to occur in people’s residence.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the
assessment against the codes are discussed below:
Car parking
The application material submitted with the application advises that there will be a maximum of 2
staff on site, comprising one real estate agent and personal assistant. The applicant asserts the
impact on car parking will be negligible as the majority of clients associated with the real estate
business do not attend the office as meetings with clients are generally held at their residence.
Further discussions with the applicant have also confirmed that rental listings are not included as
part of the operation of the real estate agency and therefore attendance to the site will be limited to
clients associated with property sales only.
The Car Parking and Driveways Code stipulates a rate for an office of 1 car space per 20m 2 with a
minimum of 4 spaces required. Accordingly, the proposed 32m 2 of office space requires 4 car parking
spaces. However, given the nature of the operation it is considered to require 4 car parking spaces
for only 32m2 of use area and 2 staff. It is more appropriate to assess the car parking at a rate of 1
space per 20m2 of use area noting that this is consistent with the car parking rate under the draft
planning scheme for a real estate office. On this basis 1.5 additional spaces are required for the
proposed office. Based on the current planning scheme car parking rate for a nursery of 1 space per
60m2 the proposed 32m2 of office area within this building has credit for 0.5 car spaces. The
submitted plans include a staff car parking area to the rear of the site with sufficient area to
accommodate 2 car spaces. It is recommended that conditions be included relating to the provision
and use of these car spaces to protect the surrounding residential amenity.
4. DRAFT PLANNING SCHEME
Under the draft Noosa Plan the site is zoned Low Density Residential which is comparable with the
current zoning of the land. As such, the proposed land use remains inconsistent with the strategic
intent for site.
5. CONSULTATION
5.1. Referral Agencies
The application was not required to be referred to any Referral Agencies.
5.2. Other Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Page 35 of 60
Section 36
ORDINARY MEETING AGENDA 30 APRIL 2020
5.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016.
39 properly made submissions were received, each objecting to the application 34 of the 39
submissions were made via 3 different pre-formatted templates. 1 objection was made from a
property within close proximity of the site whilst 12 objections were made from an address outside
of the Noosa Shire, 6 of which were outside of Queensland. The following table provides a summary
and assessment of the issues raised by submitters.
Matters Raised Comments
Commercial Use: This site has contained commercial operations for an
extended period of time, since approximately 1969.
Peregian Beach already has a commercial hub.
The current proposal does not propose additional
Commercial element should not be brought into commercial area as it is utilising an existing area
this area of Peregian Beach. associated with the approved nursery.
Corporate business such as a real estate agency
should be located within the business
precinct/main shopping area or offices on David
Low Way.
Car Parking: The proposed use of 32m 2 for the purpose of a small
real estate office will not result in a significant increase
The proposal will result in traffic/car parking issues.
in car parking demand. Notwithstanding, it is
The lot will be operating a nursery, real estate recommended that 2 car new parking spaces be
business, homeware/gift shop and a café with provided to the rear of the site.
approximately 3 car spaces allocated.
It is noted that the existing nose in car parking to the
The applicant does not have access to 10 car front of the site is an historical arrangement and
spaces – only 3 are available to this lot. therefore the proposed use will not result in additional
safety issues.
Post box and public phone box located to the front
of the site will place demand on parking spaces in
this area.
The proposed 3 staff car parking spaces have and
will always be used for storage and work area.
Nose in car parking requires patrons to reverse out
directly into the road lane which is dangerous for
traffic flow and cyclists.
The proposed staff car parking area is never used.
The applicant proposes that all car spaces in the
road reserve will provide ample parking – applicant
is only entitled to 1/3 of car parks in the road
reserve.
Applicant’s claim that office will not result in
additional visitation to the site as most people do
not visit an office anymore is misleading.
Signage states that homewares are for sale yet Whilst gift shop does not form part of this application it
applicant’s letter states that it is a Gift Shop selling is noted that the gift shop sells pots, potted plants and
pots and potted plants. homewares. The sale of homewares material is
generally included in the retail component of a nursery
and raises no concern so long as this component
remains a minor element.
Application makes false claims about walking to Submissions relating to the personal conduct of the
work. applicant are not valid planning grounds to refuse a
development application.
Page 36 of 60
Section 37
ORDINARY MEETING AGENDA 30 APRIL 2020
Matters Raised Comments
Claims about the applicant’s character, personal
behaviour and unrelated alleged operation of an
Air BnB sub-let.
Approval will create a precedent in this area The site has an existing current approval for a nursery
and the proposal does not seek to expand the site’s
existing commercial operations and will not result in
any new or additional impacts on the amenity of the
surrounding area.
Was not aware of the zoning change from There has been no zoning change.
residential to business/commercial.
Building would not fit in with homes in the area, The proposal does not involve the development of a
would not like to have to view a brick wall when new building or brick wall. The submission appears to
walking out back of property. assume that the development relates to lot 897 which
abuts the common boundary with the submitter’s
property. It appears that the submitter has incorrectly
identified the wrong site as being the subject site.
Previous requests to change the land use on site There have been no previous development
have been rejected by Council. applications for Material Change of Use for this
property other than the current approval for the
nursery.
Signage on site breaches Council regulations. The signage has been reviewed by Council’s
Development Compliance Officer who has confirmed
that it complies with current requirements.
Applicant makes false claims about doing no work Internal works to the building and gates providing
to the property. New gates providing access from pedestrian access to the site do not require planning
David Low Way and paving in road reserve approval. It is noted that paving has been installed
between the property boundary and the existing
footpath.
6. CONCLUSION & REASONS FOR DECISION
The application proposes a Material Change of Use for Commercial Business Type 1 – Office (real
estate). The office is to be situated on land which lawfully accommodates a nursery use and which
was originally approved in 1972.
The site is zoned Detached Housing therefore the proposed use conflicts with the planning scheme’s
strategic intent for the site. Notwithstanding the site’s current zoning it is reasonable to support the
proposed use as commercial activity has occurred on the site since approximately 1969.
Furthermore the application does not propose the addition of any new buildings as the use will be
accommodated within an existing building on site. The proposed office will be used by a maximum
of 2 staff with limited visitation by clients due to the client meetings generally being conducted at a
client’s residence. The commercial scale of the proposed use is minor and can be accommodated
on site without impacting on the surrounding area.
A number of conditions are recommended to address car parking and the nature and extent of the
office use so that the use will not result in any significant new or additional impacts on the surrounding
residential amenity.
Accordingly, it is recommended that the application be approved subject to conditions.
Page 37 of 60
Section 38
ORDINARY MEETING AGENDA 30 APRIL 2020
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 38 of 60
Section 39
ATTACHMENT 1
Page 39 of 60
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Page 40 of 60Section 41
ORDINARY MEETING AGENDA 30 APRIL 2020
4 MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO DB897 OF 2020 –
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR SERVICE &
UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN
Author Development Planner, Nadine Kirley
Environment & Sustainable Development Department
Index ECM/ Application/ MCU18/0166/Case/Aurecon
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April
2020 regarding Planning & Environment Court Appeal No. DB897 of 2020 and agree to defend the
appeal.
REPORT
Council, at its Ordinary meeting on 20 February 2020, resolved to refuse an application to construct
a NBN Tower on land at 244 Tablelands Road, Cooran for the following reasons:
1. The proposed infrastructure will compromise the scenic amenity and regional landscape in an
area identified by the SEQ Regional Plan as being of regionally significant scenic amenity
contrary to the strategies referred to in Element 4 of Chapter 3 Goal 4:Sustain.
2. The proposed development is inconsistent with Desired Environmental Outcome 3.1.3 m) viii
of the Noosa Plan as the proposed development is visually prominent in the view from
premises along Tablelands Road.
3. The development application proposes a use that is inconsistent in the Rural Zone of the Mary
River Catchment Locality;
4. The proposal is inconsistent with the Mary River Catchment Locality Code in the following
respects:
4.1 The visual amenity enjoyed by users of nearby premises is adversely impacted contrary
to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document Set ID: 21092349
Page 2 of 20
4.2 The scale and form of the structure is not integrated into the landform and landscape
contrary to Version Overall Outcome 8.7.2 k)iii;
4.3 The siting of the proposed structure does not protect significant views to Mt Cooroora,
Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v) and Specific Outcome
O2;
4.4 The scenic values and rural amenity of the locality are adversely impacted contrary to
Overall Outcome 8.7.2 mm)ii;
5. The proposal is inconsistent with the Infrastructure Uses Code because it,
Page 41 of 60
Section 42
ORDINARY MEETING AGENDA 30 APRIL 2020
5.1. Detracts from the rural and residential visual amenity enjoyed by residents and visitors
to the area and does not satisfactorily visually integrate with the landscape contrary to
Overall Outcome 14.37.2 b) and Table 1 of Planning Scheme Policy 23; and
5.2. Fails to co-locate with the nearby existing telecommunications facility contrary to Overall
Outcome 14.37.2 c).
6. The proposed tower, if approved, would be afforded immunity under the Telecommunications
Act 1997 enabling further extension of up to 5 metres without further reference to Council
which, if implemented, would further exacerbate the adverse visual and rural amenity impacts;
7. The visual impact of the proposal on a number of premises in the area, which have direct line
of sight in their viewshed, is considered significant and unacceptable for those residents.
8. The applicant’s visual impact assessment fails to satisfactorily assess the degree and extent
of visual impacts resulting from the proposed development and it is considered impacts are
likely to be greater than has been currently identified.
The application was referred to Council due to the high public interest in the application, its
inconsistency with the Planning Scheme and the visual impact of the proposal on the surrounding
area. A total of 442 properly made submissions were received by Council in response to the public
notification of the application. All public submissions expressed their objection to the proposal.
The proposal involved construction of a 35 metre NBN tower on land at 244 Tablelands Road,
Cooran located on a knoll in the Cooran hinterland, off Tablelands Road, approximately 100m
upslope of an existing 30 metre telecommunications tower (Refer Location Diagram in Figure 1
below). A visual impact assessment of the proposal was submitted by the applicant and
subsequently peer reviewed by Council’s Visual Assessment Consultant.
Figure 1: Location Plan
In response to Council officer’s concerns around the visual impact of the proposal, the applicant
changed the application following the public notification period, reducing the height of the tower to
25 metres. With antenna attached, the overall height would now be 26 metres. At the reduced height,
the applicant expects to be able to service approximately 247 premises located in Cooran and parts
of Pinbarren, Pomona and Traveston with a direct line of sight to the tower. It should be noted that
without a direct line of sight, a premises may have patchy or no connection to the NBN services
provided by the tower.
Page 42 of 60
Section 43
ORDINARY MEETING AGENDA 30 APRIL 2020
A second visual impact assessment was submitted and again reviewed by Council’s Visual
Assessment Consultant. Despite the reduction in height, the proposed tower was still considered to
result in an unacceptable level of adverse visual amenity on the surrounding area, particularly the
immediate surrounding area. Of the premises that were examined in detail, one property at 298
Tablelands Road would be affected to a greater degree than most. Figure 2 below, indicates the
potential visual impact of the tower illustrated by a temporary installation of a cherry-picker at an
overall height of 25 metres from ground level, in the location of the proposed tower. The proposed
tower would be located approximately 440m from the proposed house site in this location.
Figure 2: Photograph and commentary from owner of 298 Tablelands Rd from submission to Council received
January 2020
An additional consideration that Council officer’s considered relevant to the assessment of the
application is that, while the proposed 25 metre high tower would be visible from surrounding
properties, if approved, the operation of the Telecommunications Act 1997 and the
Telecommunications (Low Impact Facilities) Determination 2018 enables immunities for extension
of the tower by up to 7 metres in total (including antennae and the like) without returning to Council
for comment or assessment. It is considered that such extension would further exacerbate the
adverse visual impact on the local area.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development should be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Page 43 of 60
Section 44
ORDINARY MEETING AGENDA 30 APRIL 2020
Previous Council Consideration
Ordinary Meeting Minutes, 20 February 2020, Item 1, Page 9
That Council note the report by the Development Planners to the Planning & Environment Committee
Meeting dated 11 February 2020 regarding Application No MCU18/0166 for a Development Permit
for Material Change of Use Service and Utility - Type 3 Tower, situated at 244 Tablelands Rd, Cooran
and:
A. Refuse the application for the following reasons:
1. The proposed infrastructure will compromise the scenic amenity and regional landscape
in an area identified by the SEQ Regional Plan as being of regionally significant scenic
amenity contrary to the strategies referred to in Element 4 of Chapter 3 Goal 4:Sustain.
2. The proposed development is inconsistent with Desired Environmental Outcome 3.1.3
m) viii of the Noosa Plan as the proposed development is visually prominent in the view
from premises along Tablelands Road.
3. The development application proposes a use that is inconsistent in the Rural Zone of the
Mary River Catchment Locality;
4. The proposal is inconsistent with the Mary River Catchment Locality Code in the
following respects:
4.1 The visual amenity enjoyed by users of nearby premises is adversely impacted
contrary to Overall Outcome 8.7.2 a)iii;: 6, Version Date: 26/02/2020 Document
Set ID: 21092349 Page 2 of 20
4.2 The scale and form of the structure is not integrated into the landform and
landscape contrary to Version Overall Outcome 8.7.2 k)iii;
4.3 The siting of the proposed structure does not protect significant views to Mt
Cooroora, Mt Cooran and Mt Pinbarren contrary to Overall Outcome 8.7.2 v) and
Specific Outcome O2;
4.4 The scenic values and rural amenity of the locality are adversely impacted contrary
to Overall Outcome 8.7.2 mm)ii;
5. The proposal is inconsistent with the Infrastructure Uses Code because it,
5.1. Detracts from the rural and residential visual amenity enjoyed by residents and
visitors to the area and does not satisfactorily visually integrate with the landscape
contrary to Overall Outcome 14.37.2 b) and Table 1 of Planning Scheme Policy
23; and
5.2. Fails to co-locate with the nearby existing telecommunications facility contrary to
Overall Outcome 14.37.2 c).
6. The proposed tower, if approved, would be afforded immunity under the
Telecommunications Act 1997 enabling further extension of up to 5 metres without
further reference to Council which, if implemented, would further exacerbate the adverse
visual and rural amenity impacts;
7. The visual impact of the proposal on a number of premises in the area, which have direct
line of sight in their viewshed, is considered significant and unacceptable for those
residents.
8. The applicant’s visual impact assessment fails to satisfactorily assess the degree and
extent of visual impacts resulting from the proposed development and it is considered
impacts are likely to be greater than has been currently identified.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 44 of 60
Section 45
ORDINARY MEETING AGENDA 30 APRIL 2020
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
The following internal consultation has been undertaken:
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 45 of 60
Section 46
ORDINARY MEETING AGENDA 30 APRIL 2020
5 RAL18/0023 - PLANNING & ENVIRONMENT COURT APPEAL NO 765 OF 2020 –
REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 INTO 23 LOTS) AT 28
EENIE CREEK ROAD, NOOSAVILLE
Author Manager, Development Assessment
Environment & Sustainable Development Department
Index ECM/ Application/ RAL18/0023/Case/Stockwell
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Ordinary Meeting
dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and agree to
defend the appeal.
REPORT
On 20 February 2020, Council, at its Ordinary meeting resolved to refuse an application to
reconfigure 1 lot into 23 lots at 28 Eenie Creek Road, Noosaville for the following reasons:
1. The proposal is inconsistent with schedule 11, part 2, section 7 of the Planning Regulation
2017 as the development is situated in a koala assessable development area and does not
avoid clearing non-juvenile koala habitat trees in circumstances in which any significant
residual impact of the clearing is unable to be offset.
2. The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4) and (5) of
Part E of the State Planning Policy as the development will adversely impact upon koala
habitat, with koala populations recognised as being matters of both national and state
environmental significance.
3. The proposal is inconsistent with assessment benchmarks (3) and (4) natural hazards, risk
and resilience of Part E of the State Planning Policy as the development does not facilitate an
appropriate disaster management response and recovery capacity and capabilities as the
emergency access points are unable to be implemented.
4. The proposed development will adversely impact upon koala habitat, does not maximise the
retention of existing vegetation, and proposes to prematurely clear significant vegetation
inconsistent with the needs of the community contrary to Overall Outcomes 13.7.2a)i,
13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d) i, 13.7.2d)vii, 13.7.2g), and Specific
Outcomes O1b, O2, O3, O7, O8b), O11, O16, O18a), O18b), O18f), O18h), O19b), O19c),
O19d), O19g) and O19i) of the Biodiversity Overlay Code.
5. The proposed development is inconsistent with the Overall and Specific Outcomes of the
Noosaville Locality Code in the following respects:
i. The proposal does not provide a satisfactory pedestrian and cycle network for the future
development of the area and fails to provide satisfactory linkages with the existing
development in the Shire Business Centre contrary to Overall Outcomes 11.7.2j) and
tt)viii), Specific Outcomes O25, O100, O101, O127, O138 and O156.
Page 46 of 60
Section 47
ORDINARY MEETING AGENDA 30 APRIL 2020
ii. The proposal fails to ensure a high level of residential amenity as it does not provide for
acoustic fencing to lots 17, 18 and 19 or provide any noise mitigation measures to
existing plant equipment and loading dock areas and fails to address the future amenity
of Lot 21, contrary to Specific Outcome O1.
iii. The proposal does not retain suitable existing vegetation to ensure future development
will be within a park like setting contrary to Specific Outcome O3, O22 and O125.
iv. The proposal will adversely impact on the site’s environmental values contrary to Overall
Outcomes 11.7.2a)iv and 13.7.2a)ii, Specific Outcomes O3, O22 and O125.
6. The proposed subdivision is inconsistent with the Reconfiguring a Lot Code as:
i. Insufficient provision has been made for walking and cycling linkages with the existing
development in the Shire Business Centre as the proposed network and linkages are
unable to be implemented contrary to Overall Outcomes 14.181.2f), Specific Outcomes
O8 and O9.
ii. The proposed lots will have a significant adverse impact on the natural environment and
will not retain the sites natural environmental values contrary to Overall Outcomes
14.181.2g), Specific Outcomes O21b and O22.
7. Bushfire mitigation measures do not satisfactorily address the risk of bushfire contrary to
Overall Outcomes 13.30.2a), 13.30.2c), Specific Outcomes O4, O7, O8, O9, O11 and O12 of
the Natural Hazards Overlay Code.
8. Bushfire mitigation measures result in the removal of vegetation contained within OS3 as
detailed in Schedule 4 (Shire Business Centre Map) of the Noosa Plan.
9. The proposed development is contrary to the draft Noosa Plan provisions, which support the
refusal of the development application for the same reasons as those applicable under the
current Noosa Plan because of non-compliance with requirements for pedestrian/cycle links,
an appropriate response to the site’s natural hazards and protection of the site’s environmental
values including vegetation retention.
10. The proposed development cannot be conditioned to comply with the above assessment
benchmarks.
11. There are no matters that would warrant approval of the development application
notwithstanding the noncompliance with the assessment benchmarks.
Refer to Council’s General Committee Agenda, 17 February 2020, Item 7, Page 28 for a full copy of
the assessment report (https://www.noosa.qld.gov.au/downloads/file/2041/2020-02-17-general-
committee-agenda).
The code assessable application was referred to Council given the subdivision sought to facilitate
the future stages of the Noosa Business Centre and represented a significant development for Noosa
Shire. The subdivision also involved a current infrastructure agreement between Council and the
land owner signed at the time of construction of stage 1 of Noosa Civic.
The application was reviewed over an extended period of time with numerous meetings held with
the applicant in an attempt to resolve the issues identified by officers and consultants engaged to
assist in the assessment. However, in October 2019 Council officers reported the matter to Council
as no agreement had been reached on a number of issues and the decision time frame was due to
expire.
The report to Council in October 2019 recommended refusal of the application due to non-
compliance with the State Planning Regulations, State Planning Policy and The Noosa Plan
requirements for the subdivision of the land. These non-compliances related to the proposal’s failure
to:
satisfactorily address the site’s significant koala habitat,
include appropriate mitigation measures to minimise the threat of bushfire,
Page 47 of 60
Section 48
ORDINARY MEETING AGENDA 30 APRIL 2020
achieve a functional stormwater management plan,
meet traffic and road design requirements,
address the potential noise impacts of loading dock noise and mechanical equipment from the
Noosa Civic Shopping Centre on adjacent lots intended for future residential development,
retain sufficient vegetation to achieve a parklike setting, and
provide for pathway linkages and the planned future transit lot.
Council, at its October 2019 meeting resolved to defer its decision at the applicant’s request to allow
further time for the applicant to address the issues raised by officers.
Further discussion with the applicant and changes to the proposal resulted in the applicant providing
additional information and amended plans for assessment and extension of the decision making
period.
The updated information and amended plans addressed many of the issues raised by officers in the
report to Council in October 2019, with the exception of the site’s significant koala habitat,
achievement of a parklike setting envisaged by The Noosa Plan and appropriate acoustic measures
for the proposed residential lots.
The proposal resulted in significant clearing of koala habitat contrary to the Noosa Plan, the State
Planning Policy and Planning Regulations 2017. The current Infrastructure Agreement also
complicated this matter, as Council was stopped from conditioning a monetary offset for the
proposed clearing of the koala habitat as would normally be available under the Environmental
Offsets Act 2014. This Infrastructure Agreement further prohibited Council from including conditions
relating to dedication of land and works external to the site required for the extension of Hofmann
Drive as a public road and implementation of the proposed bushfire management measures.
While the applicant prepared a deed of variation to the Infrastructure Agreement to enable Council
to condition the necessary land dedication and works required for the subdivision, there was no
agreement by the applicant to provide an offset for the clearing of koala habitat as the applicant
maintained that previous dedications of open space fully offset the clearing. There were also other
significant issues proposed by the deed of variation which were reported to Council in February 2020
rendering the deed not suitable for execution by Council.
As a result of Council’s decision to refuse the subdivision, the applicant lodged an appeal to the
Planning & Environment Court. The applicant seeks that the development should be approved with
reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 20 February 2020, Item 7, Page 12
That Council note the report by the Coordinator Planning to the Special Meeting dated 28 October
2019 and the further report to the General Committee Meeting dated 17 February 2020 regarding
Application No. RAL18/0023 for a Development Permit for Reconfiguring a Lot – (1 Lot in 23 Lots)
situated at 28 Eenie Creek Road, Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is inconsistent with schedule 11, part 2, section 7 of the Planning
Regulation 2017 as the development is situated in a koala assessable development area
and does not avoid clearing non-juvenile koala habitat trees in circumstances in which
any significant residual impact of the clearing is unable to be offset.
2. The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4) and
(5) of Part E of the State Planning Policy as the development will adversely impact upon
koala habitat, with koala populations recognised as being matters of both national and
state environmental significance.
Page 48 of 60
Section 49
ORDINARY MEETING AGENDA 30 APRIL 2020
3. The proposal is inconsistent with assessment benchmarks (3) and (4) natural hazards,
risk and resilience of Part E of the State Planning Policy as the development does not
facilitate an appropriate disaster management response and recovery capacity and
capabilities as the emergency access points are unable to be implemented.
4. The proposed development will adversely impact upon koala habitat, does not maximise
the retention of existing vegetation, and proposes to prematurely clear significant
vegetation inconsistent with the needs of the community contrary to Overall Outcomes
13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d) i, 13.7.2d)vii, 13.7.2g), and
Specific Outcomes O1b, O2, O3, O7, O8b), O11, O16, O18a), O18b), O18f), O18h),
O19b), O19c), O19d), O19g) and O19i) of the Biodiversity Overlay Code.
5. The proposed development is inconsistent with the Overall and Specific Outcomes of the
Noosaville Locality Code in the following respects:
i. The proposal does not provide a satisfactory pedestrian and cycle network for the
future development of the area and fails to provide satisfactory linkages with the
existing development in the Shire Business Centre contrary to Overall Outcomes
11.7.2j) and tt)viii), Specific Outcomes O25, O100, O101, O127, O138 and O156.
ii. The proposal fails to ensure a high level of residential amenity as it does not
provide for acoustic fencing to lots 17, 18 and 19 or provide any noise mitigation
measures to existing plant equipment and loading dock areas and fails to address
the future amenity of Lot 21, contrary to Specific Outcome O1.
iii. The proposal does not retain suitable existing vegetation to ensure future
development will be within a park like setting contrary to Specific Outcome O3,
O22 and O125.
iv. The proposal will adversely impact on the site’s environmental values contrary to
Overall Outcomes 11.7.2a)iv and 13.7.2a)ii, Specific Outcomes O3, O22 and
O125.
6. The proposed subdivision is inconsistent with the Reconfiguring a Lot Code as:
i. Insufficient provision has been made for walking and cycling linkages with the
existing development in the Shire Business Centre as the proposed network and
linkages are unable to be implemented contrary to Overall Outcomes 14.181.2f),
Specific Outcomes O8 and O9.
ii. The proposed lots will have a significant adverse impact on the natural environment
and will not retain the sites natural environmental values contrary to Overall
Outcomes 14.181.2g), Specific Outcomes O21b and O22.
7. Bushfire mitigation measures do not satisfactorily address the risk of bushfire contrary to
Overall Outcomes 13.30.2a), 13.30.2c), Specific Outcomes O4, O7, O8, O9, O11 and
O12 of the Natural Hazards Overlay Code.
8. Bushfire mitigation measures result in the removal of vegetation contained within OS3
as detailed in Schedule 4 (Shire Business Centre Map) of the Noosa Plan.
9. The proposed development is contrary to the draft Noosa Plan provisions, which support
the refusal of the development application for the same reasons as those applicable
under the current Noosa Plan because of non-compliance with requirements for
pedestrian/cycle links, an appropriate response to the site’s natural hazards and
protection of the site’s environmental values including vegetation retention.
10. The proposed development cannot be conditioned to comply with the above assessment
benchmarks.
11. There are no matters that would warrant approval of the development application
notwithstanding the noncompliance with the assessment benchmarks.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 49 of 60
Section 50
ORDINARY MEETING AGENDA 30 APRIL 2020
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Notably mediation was held with the applicant and the Court registrar on 2 April 2020 wherein
agreement in principle was generally reached on a number of minor matters around the wording of
a new Infrastructure Agreement that would enable Council to condition the dedication of land and
works external to the site required for the subdivision.
Since the mediation further material has been supplied by the appellant which officers, Council’s
external consultants and Council’s planning solicitor are currently reviewing.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor
Internal Consultation
The following internal consultation has been undertaken:
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 50 of 60
Section 51
ORDINARY MEETING AGENDA 30 APRIL 2020
6 COUNCIL MEETING STRUCTURE AND TIMETABLE
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Council Meetings General
Attachments 1. Council Meeting Calendar April – December 2020
2. Meeting Structure Options
EXECUTIVE SUMMARY
Nil.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 30 April
2020 regarding the Council meeting structure and timetable for the remainder of 2020 and:
A. Approve the re-establishment of the Planning and Environment Committee, the Services and
Organisation Committee, and the General Committee as Standing Committees under section
264 of the Local Government Regulation 2012, with the relevant roles and responsibilities
identified in the Chief Executive Officer’s report;
B. Appoint the following Councillors to each of the Committees:
Planning and Environment Committee
Mayor Clare Stewart
Councillor __________
Councillor __________
Councillor __________
Services and Organisation Committee
Mayor Clare Stewart
Councillor __________
Councillor __________
Councillor __________
General Committee
The Mayor and all Councillors
C. Appoint the following Chairpersons to the Standing Committees:-
General Committee – Councillor ___________
Planning and Environment Committee – Councillor ________
Services and Organisation Committee – Councillor _________.
D. Note that Council can amend its decision-making structure, membership of Committees or
Chairpersons of Committees as it requires, by resolution, from time to time;
E. Adopt the times and dates of future meetings of the Council and Committees in accordance
with the Meeting Calendar 2020 shown at Attachment 1 to the report, with meetings to be held
at the Council Chambers at Tewantin unless otherwise determined by Council; and
F. Note that due to the COVID-19 Pandemic, Ordinary Meetings, Special Meetings and Standing
Committee meetings can be held by teleconference / video-conference and undertaken without
the public present if required on the basis that Council and Committee meetings can be
livestreamed.
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Section 52
ORDINARY MEETING AGENDA 30 APRIL 2020
REPORT
The purpose of this report is for Council to consider the re-establishment of Standing Committees
as part of its decision making process, membership of those Committees and the adoption of a
meeting timetable for the remainder of 2020.
The Local Government Regulation 2012 provides that a Council may appoint from its Councillors,
standing committees or special committees to assist it to deal with matters. It is proposed that the
Council’s decision making process continue with the system used by the Noosa Council since 2014.
Noosa Council also used a similar meeting structure prior to amalgamation in 2008. This structure
is made up of two Standing Committees each comprising the Mayor and three Councillors
(Committees), a Standing Committee comprising all Councillors (General Committee) and the
Ordinary meeting.
A local government can revisit its decision making structure at any time during its term.
Other than a mandatory requirement to hold an Ordinary meeting each month, each Council can
choose how to manage its decision-making framework. It could choose to only have an Ordinary
meeting each month, only one Standing Committee, or multiple Standing Committees etc.
Attachment 2 sets out the typical models used across Queensland local governments and outlines
some pros and cons of each of the options.
Noosa Council has traditionally used option 4 in that attachment and it has served this Council well
for many years (both pre-amalgamation and post de-amalgamation).
Pursuant to Section 264 of the Local Government Regulation 2012, it is proposed that the following
Standing Committees be re-established:
Planning and Environment Committee comprising the Mayor and three Councillors;
Services and Organisation Committee comprising the Mayor and three Councillors; and
General Committee comprising the Mayor and all Councillors.
The roles of the Planning and Environment Committee, the Services and Organisation Committee,
and the General Committee are:
1. To make recommendations to Council on:
The formulation of program policies, objectives, priorities and levels of service and the
course of action for specific issues and matters presented to the relevant Committee for
determination;
Issues arising from the monitoring and review of the operation and performance of the
Council’s programs.
2. To provide oversight and guidance to staff on policies and issues relating to the programs
under their Department’s jurisdiction.
Areas of responsibility of the Planning and Environment Committee include the responsibilities
associated with the functions of:
Development Assessment Planning;
Building and Plumbing;
Economic Development;
Strategic Land Use Planning; and
Environment (including Sustainability and Natural Areas).
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Section 53
ORDINARY MEETING AGENDA 30 APRIL 2020
Areas of responsibility of the Services and Organisation Committee include the responsibilities
associated with the functions of:
Community Services (including Community Facilities, Libraries and Galleries, Waste
Management, Environmental Health, Local Laws and Community Development);
Infrastructure Services (including Asset Management, Infrastructure Planning and Design,
Building & Facilities, Civil Works and Maintenance and Parks);
Corporate Services (including Finance, ICT, Revenue Services, Procurement and Fleet and
Property);
Executive Services (including Governance, Customer Service, People and Culture and
Community Engagement ); and
CEO’s office.
The General Committee has the responsibility to deal with matters not dealt with at the Planning and
Environment Committee and the Services and Organisation Committee or matters referred directly
to that Committee by the Chief Executive Officer.
As a matter of protocol, matters are referred to the General Committee for consideration when a
Councillor does not agree with the staff recommendation or when the matter is so significant that it
should be considered by all Councillors. Our protocol requires a Councillor to request a matter be
referred to the General Committee with such a request being made to the Mayor, the Chairperson
of the relevant Committee or via the CEO, generally prior to the Committee meeting.
The rules for the conduct of Standing Committees and Council Ordinary meetings are dictated by
the Local Government Act 2009 the Local Government Regulation 2012 and Council’s Standing
Orders.
Standing Committees can only deal with the subject matters for which they are formally established,
they have no statutory powers and can only recommend a course of action to the Council unless
formal delegation of power by the Local Authority has been given. It is not proposed to have Standing
Committees with decision making powers.
Like the Ordinary meeting, Standing Committees are open to the public unless a meeting is closed
pursuant to section 275 of the Local Government Regulation 2012. Noosa Council has always had
a tradition of not closing meetings to the public unless there is a clear legal requirement or need to
do so. Items for Council consideration are placed on the agenda of the appropriate Committee by
the CEO.
In relation to the conduct of Standing Committees, section 267 of the Local Government Regulation
2012, states that a local government may appoint a chairperson of each Committee or alternatively,
the Committee may appoint a chairperson if the Council does not make such an appointment. The
proposal is that Council appoints the Chairperson of the Standing Committees in the first instance.
My advice to Council is that we provide other Councillors with the opportunity to gain experience in
chairing Committee meetings in the future and it may well be that membership of the Standing
Committees can be reviewed also to provide a broader base of experience for Councillors. While up
to Council, it would be ideal to change the Chairpersons of Standing Committees after two years.
It is also proposed that the meetings of the Committees occur in the Tewantin office generally on a
monthly cycle during the remainder of 2020 as follows:
Planning and Environment Committee, on the Tuesday morning prior to the week of the
General Committee Meeting and the Ordinary Meeting, commencing at 9.30am.
Services and Organisation Committee, on the Tuesday afternoon prior to the week of the
General Committee Meeting and the Ordinary Meeting, commencing at 1.30pm.
General Committee, on the Monday prior to the Ordinary Meeting, commencing at 10am.
Ordinary Meeting, on the third Thursday of each month, commencing at 5pm.
Page 53 of 60
Section 54
ORDINARY MEETING AGENDA 30 APRIL 2020
Special Council Meetings
It should be noted that Special Council meetings can be called at any time to deal with specific issues
if required.
Online Council meetings and special provisions applying to the COVID-19 Pandemic
As Council would be aware, we are currently facing a significant public health crisis which includes
strict requirements in terms of social distancing. In recognition of this issue, the State government
has passed a special regulation called the Local Government Electoral (2020 Quadrennial Election)
Regulation 2020. This is the same regulation which the government used to change how “how to
vote” cards etc were managed during the election process.
Included in that regulation are new provisions which allow councils to change how they conduct their
Committee and Ordinary meetings during the COVID-19 pandemic. A summary of these changes
is as follows:
An Ordinary meeting or a Committee meeting can be held by teleconference / videoconference
instead of in person (there have always been provisions allowing an individual Councillor to
attend a meeting by teleconference but this new regulation makes it clear that the entire
meeting can be held by teleconference).
If the meeting is held by teleconference, the Council must ensure the meeting is available for
real-time viewing or listening by the public either at the Council office or via the Council’s
website.
Further, if the Chair of the Ordinary meeting or the Chair of the Committee meeting is satisfied
that it is not practical for the public to physically attend the meeting because of health and
safety reasons associated with COVID-19, the meeting can be physically closed to members
of the public but it must be live streamed.
In practice, our Council Chambers is of sufficient physical size to allow meetings to proceed with
Councillors present while meeting social distancing requirements if the Council wishes to do so. Of
course, any Councillor could seek to attend by teleconference if they wished. Also, we have
technology in place that allows us to live stream all Council and General Committee meetings.
We have set up technology to allow for Standing Committee and Ordinary meetings to be undertaken
by video-conference and live streamed at the same time.
Community Council Meetings
Council has held two Ordinary meetings per year offsite in recent years. These community Council
meetings provide an opportunity for local communities to meet with the Mayor and Councillors and
discuss local issues. Most of these have been held in hinterland towns in recent years and have
mainly been well attended by local residents as an opportunity to meet with elected representatives
and discuss local issues. It is intended to continue this process, however given the current situation
with the coronavirus, we will revisit this issue when safe to do so. A separate report will be provided
to Council on potential community based Council meetings once the coronavirus pandemic threat
recedes.
Previous Council Consideration
Nil.
Finance
Provision exists within the 2019-20 budget to meet any expenses associated with the conduct of
Council meetings.
Risks & Opportunities
Meetings are the principal decision-making forum for local governments and all decisions are made
at the Ordinary meeting with Committee meetings making recommendations to Council.
Page 54 of 60
Section 55
ORDINARY MEETING AGENDA 30 APRIL 2020
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Executive Team
Mayor and Councillors
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Director X Director
X Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
X Director X Director X Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 55 of 60
Section 56
ORDINARY MEETING AGENDA 30 APRIL 2020
ATTACHMENT 1
Page 56 of 60
ORDINARY MEETING AGENDA 30 APRIL 2020
ATTACHMENT 1
eke] NOOSA COUNCIL
om MEETING CALENDAR 2020
APRIL MAY JUNE
M T Ww T F S Ss M T Ww T F Ss Ss M T Ww T F Ss Ss
1 2 3 4 5 1 2 3! /1 2 3 4 5 6 7
6 7 8 9 5 6 7 8 9 10} | 8 10 11 12 13 14
14 15 16 17 18 19 13 14 15 16 17 16 17°18 19 20 21
20 21 22 23 24°25 26 19 20 21 22 23 24 22 23 24 25 26 27 28
27 28 29 30 25 26 27 28 29 30 31 29 30
JULY AUGUST SEPTEMBER
M T Ww T F Ss Ss M T WwW T F Ss Ss M T WwW T F Ss Ss
1 2 3 4 5 1 2 12 3 4 5 6
6 8 9 10 11 12 3 4 5 6 7 8 9} | 7 9 10 12 13
14 15 16 17 18 19 10 12 13 14 15 16 15 16 18 19 20
20 21 22 23 24 25 26 18 19/20 21 22 23 21 22 23 24 25 26 27
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31
OCTOBER NOVEMBER DECEMBER
M T Ww T F Ss Ss M T Ww T F Ss Ss M T Ww T F Ss Ss
1 2 3 4 1 12 3 4 5 6
7 8 9 10 11} |2 3 4 5 6 7 8 7 9 10 11 12 13
13 14 15 16 17 18 9 11 12 13 14 15 15 16 18 19 20
19 20 21 22 23 24 25 17 18/49 20 21 22 21 22 23 24 27
26 27 28 29 30 31 23 24 25 26 27 28 29 29 30 31
30
Membership:
Planning & Environment Committee: To be determined
Services & Organisation Committee: To be determined
General Committee All Councillors
9.30am Planning & Environment Committee Public Holidays
1.30pm Services & Organisation Committee y
PY toam General Committee
| | 5pm Ordinary Meeting
Page 56 of 60Section 57
ORDINARY MEETING AGENDA 30 APRIL 2020
ATTACHMENT 2
Page 57 of 60
ORDINARY MEETING AGENDA 30 APRIL 2020
ATTACHMENT 2
OPTIONS FOR COUNCIL MEETING STRUCTURES
Some brief notes on different types of Council decision making structures. There are nuances on
some of these but these are the most common types for Councils in Queensland.
OPTION 1 - Council Meetings only (No Committees)
@) cellar las
meeting
About
° Used by a lot of councils (particularly smaller councils).
° Most use a once a month meeting approach but some run two meetings a month.
Pros
e All Councillors deal with all issues and make a decision on the day
° Less meetings
Cons
° Difficult to request further information without deferring the decision to the next month.
° Less time between the issue of the agenda and the decision time leaving less time for
consideration by Councillors.
° Only able to consider the issue once, not debate and seek further information before the final
decision.
e Leads to long Council meetings (often all day) which can lead to fatigue towards the end of the
day and potentially poor decision-making.
OPTION 2 - Council Meeting with one Standing Committee
Standing Ordinary
Committee meeting
About
° All Councillors are members of a committee (often called a General Committee) that considers
issues on the agenda in the first instance and makes recommendations to the Council.
° The Standing Committee does not make any decisions per se (other than a decision to make
a recommendation to the Council).
° The Council then considers the recommendations from the Standing Committee and makes
its decisions.
Pros
° All Councillors have input into all matters on the agenda in the first instance.
° With a significant number of new Councillors, this approach would assist new Councillors in
getting across all issues coming before the Council for consideration.
e There is time between the Standing Committee meeting and the Council Ordinary meeting to
receive more information before the final decision is made.
° It allows Councillors “two bites of the cherry” to consider the issues and hear debate before a
final decision is made.
Cons
e Likely to lead to very long General Committee meetings which could lead to fatigue towards
the end of the day and potentially poor decision-making.
° Higher level of workload for all Councillors with two meetings to consider all issues.
Page 57 of 60Section 58
ORDINARY MEETING AGENDA 30 APRIL 2020
Page 58 of 60
ORDINARY MEETING AGENDA 30 APRIL 2020
OPTION 3 - Council Meeting with multiple Standing Committees (No General Committee)
Standing
eye ‘N\,
Standing 1) collar 1a%
Committee meeting
Standing a
Oe
About
e The Mayor and a few Councillors make up each Standing Committee with each Committee
making recommendations to the Council on the specific subject matters allocated to that
standing committee.
e The Ordinary meeting of the Council then makes the final decision.
e This model is used by quite a few of the larger councils.
Pros
e A more efficient use of time for Councillors with sharing of the load to consider matters and
make recommendations to Council.
e Can be more informal at smaller Committees (positive for both staff and Councillors).
e Allows for more information to be provided between the Committee meeting and the Council
meeting if required.
Cons
e Not all Councillors have input into controversial or significant issues in the first instance.
° Other Councillors may choose to attend Committees they are not on to “keep an eye” on other
subjects, thus adding to workload.
OPTION 4 — Council Meeting with multiple Standing Committees and a General Committee
_——
Committee ™ eral ee) Ordinary
Oo) aaiico , meeting
Standing /-
Oe
About
e This is the model used by Noosa Shire Council for many years.
e It is a “multi-layered” model with the initial Standing Committees making recommendations to
Council on minor or non-controversial matters and the Standing Committee considering major
or controversial matters.
e The Ordinary meeting of the Council makes the final decision based on recommendations from
the various Committees.
e This model is not widely used in other councils.
Page 58 of 60Section 59
ORDINARY MEETING AGENDA 30 APRIL 2020
Page 59 of 60
ORDINARY MEETING AGENDA 30 APRIL 2020
Pros
e Well understood by existing Councillors and staff due to its historic use at Noosa Council.
° The two initial Standing Committees allow for very informal discussion which is a good learning
ground for staff and Councillors.
e The General Committee deals with major matters/controversial issues allowing all Councillors
to have input into those important matters before a final decision is made by the Council.
e Allows time for further information to be provided to the General Committee or Council Ordinary
Meeting if required.
Cons
e In the post COVID-19 environment, there may not be as many reports to Council resulting in
fewer reports to the initial two Committees.
e Not all Councillors address all issues at a Committee level before the matter comes to Council.
° The majority of items may end up being referred to the General Committee so all Councillors
can have input which almost negates the need to have the smaller Committees.
Page 59 of 60Section 60
ORDINARY MEETING AGENDA 30 APRIL 2020
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
12 NEXT MEETING
To be determined.
13 MEETING CLOSURE
Page 60 of 60