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2019-06-20 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 20 June 2019
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 20 JUNE 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 4
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 6
AUDIT & RISK COMMITTEE RECOMMENDATIONS 6
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 7
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 15
GENERAL COMMITTEE RECOMMENDATIONS 21
7 ORDINARY MEETING REPORTS 33
8 CLOSED SESSION 33
9 NEXT MEETING 33
10 MEETING CLOSURE 33
Page 2 of 33
Section 3
ORDINARY MEETING AGENDA 20 JUNE 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 16 May 2019 be received and confirmed.
The Minutes of the Special Meeting held on 22 May 2019 be received and confirmed.
The Minutes of the Special Meeting held on 5 June 2019 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
Page 3 of 33
Section 4
ORDINARY MEETING AGENDA 20 JUNE 2019
5 NOTIFIED MOTIONS
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Ingrid Jackson
COUNCIL MEETING: Ordinary Meeting, 20 June 2019
I hereby notify of my intention to move the following motion at the Ordinary Meeting
to take place on Thursday, 20 June 2019.
That in line with the Local Government Act principle “transparent and effective processes, and
decision-making in the public interest”, Council agree to:
1. Make all informal councillor meetings on council matters open to the public, including councillor
workshops, briefings and discussion forums, unless declared to be closed for reasons listed in
Section 275 of the Local Government Regulation 2012.
2. Request the CEO to make the schedule of such informal councillor meetings publicly available,
including any reasons for closure, and to ensure records are kept of recommendations and
decisions made at such meetings and included as an addendum to the minutes of the
succeeding Ordinary Meeting.
3. Institute a public question time at each Ordinary Meeting, during which members of the public
may ask questions of Council as a whole, the mayor and councillors, and record the questions
and answers in the Ordinary meeting minutes.
4. Provide lists of the members of council reference groups, focus groups, stakeholder forums,
roundtables, advisory committees and the like on the Council website and have a policy
requiring members to declare and record conflicts interest.
5. Rescind the 21 June 2018 Council resolution which exempted Committees from the keeping
of minutes and request the CEO to ensure minutes of each Committee Meeting are taken
under Section 272 of the Local Government Regulation 2012.
6. As in the 21 June 2018 resolution, note that the Planning and Environment Committee,
Services and Organisation Committee and General Committee meetings will continue to note
the movers and seconders of motions in accordance with section 270 of the Local Government
Regulation 2012.
7. Record in the minutes and any live record notes the names of the Councillors present and how
they each voted at Council and Committee meetings.
8. Live stream Planning & Environment Committee and Services & Organisation Committee
meetings and make such recordings available for future public viewing.
9. Investigate bookmarking of agenda items in archived meeting videos for ease of access.
Publicise that under existing Noosa Council Standing Orders deputations by the public “may
be received at a meeting where written application has been received and the Mayor has
agreed to such deputation”.
10. Publicise that under existing Noosa Council Standing Orders “the local government may allow
a non-member to participate in the discussion of a particular item of business before the local
government on conditions decided by the local government”.
Page 4 of 33
Section 5
ORDINARY MEETING AGENDA 20 JUNE 2019
11. Publicise upcoming Council and Committee meetings in a variety of ways, including prominent
display on Council’s website, social media and newspapers, highlighting agenda topics and
providing links to agendas, attachments and the live streaming webpage, and after meetings
publicise the links to meeting notes, minutes and archived meeting videos, as relevant.
12. Request the Chief Executive Officer to take the necessary steps to implement these actions.
13 June 2019
Councillor Date
To all Councillors and Directors
I hereby notify that Cr Jackson intends to move the motion as shown above at the Ordinary Meeting
to be held 20 June 2019.
13 June 2019
Acting Chief Executive Officer Date
Page 5 of 33
Section 6
ORDINARY MEETING AGENDA 20 JUNE 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
7 JUNE 2019 - Cr Tony Wellington, Cr Joe Jurisevic, Scott Williams, Cameron Jaggers
(attended via teleconference)
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 7 June 2019.
2 INTERNAL AUDIT PLAN AND UPDATE ON REGISTER OF ACTION ITEMS AND
STRATEGIC RISK REGISTER
That Council note the report by the Director Executive Services to the Audit & Risk Committee
Meeting dated 7 June 2019 and:
A. Adopt the Internal Audit Plan 2019/20 provided as Attachment 1 to the report with the
following amendments:;
1. Defer the Asset Management Framework Internal Audit to 2020/21; and
2. Bring forward the Conflict of Interest Management (Staff) Internal Audit to 2019/20.
B. Note the Register of Action Items provided as Attachment 2 to the report providing an
update on Council’s implementation of previous internal and external audit action items;
and
C. Note the updated Strategic Risk Register provided as Attachment 3 to the report.
3 2018-19 SHELL FINANCIAL STATEMENTS
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
Meeting dated 7 June 2019 regarding the draft 2018/19 shell financial statements.
4 PAYROLL SECURITY BREACH
That Council note the report by the People and Culture Manager to the Audit and Risk
Committee Meeting dated 7 June 2019 regarding the payroll security breach which occurred
on 20 February 2019.
5 ANNUAL INSURANCE UPDATE
That Council note the report by the Director Executive Services to the Audit & Risk Committee
Meeting dated 7 June 2019 providing an annual update on Council’s insurances.
6 LEGAL SERVICES
That Council note the report by the Director Executive Services to the Audit & Risk Committee
Meeting dated 7 June 2019 regarding legal services.
Recommendation
The Audit & Risk Committee recommendations dated 7 June 2019 be adopted except where dealt
with or held over by separate resolution.
Page 6 of 33
Section 7
ORDINARY MEETING AGENDA 20 JUNE 2019
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 JUNE 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Cr Frank Wilkie
1 MCU19/0011 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR AN
UNDEFINED INDUSTRIAL BUSINESS (LOW IMPACT INDUSTRY & SERVICE INDUSTRY)
AND INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AT 29 EUMUNDI NOOSA RD,
NOOSAVILLE
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to his position as Group Leader of the Noosa Sea Scouts which is
located adjacent to the site of the application. Cr Stockwell believed that he could consider this item
impartially and in the public interest and requested to remain in the meeting room to participate in the
debate and vote on this matter.
The Acting Chief Executive Officer assumed the Chair for the purpose of considering the conflict of
interest declaration by Cr Stockwell.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter. During discussion, Cr Stockwell determined that he
would leave the meeting room for the debate and decision on this matter.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Cr Jackson be appointed as Acting Chairperson of the meeting for this item.
Carried.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by Development Planner to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding Application No. MCU19/0011 for a
Development Permit for Material Change of Use for undefined Industrial Business (Low Impact
Industry & Service Industry) and Industrial Business – Type 1 Warehouse at 29 Eumundi
Noosa Rd, Noosaville and:
A. Approve the application in accordance with the following conditions contained in the
Planning & Environment Committee Agenda dated 11 June 2019.:
B. Find the following sufficient ground to justify the decision despite the conflict with the
Planning Scheme:
1. Certain small scale industrial businesses are unlikely to adversely impact on the
surrounding residential uses and are generally comparable with the site’s existing
use rights.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Cr Stockwell re-joined the meeting and resumed the Chair.
Page 7 of 33
Section 8
ORDINARY MEETING AGENDA 20 JUNE 2019
2 MCU18/0157 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A
BREWERY AND ANCILLARY BREW CAFE AT 130 EUMUNDI NOOSA RD, NOOSAVILLE
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jackson
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding Application No. MCU18/0157 for a
Development Permit for Material Change of Use for Industrial Business – Type 2 Production,
alteration, repackaging & repairing (Brewery) and Entertainment & Dining Business – Type 3
Bar (Brew Café), situated at 130 Eumundi Noosa Road, Noosaville and:
A. Approve the application subject to 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
TP 1.00 B USE PLAN - Site Plan, prepared by Sparks Architects 15.03.2019
TP 1.01 A USE PLAN - Ground Floor Plan, prepared by Sparks 22.02.2019
Architects
TP 1.03 A USE PLAN - Mezzanine Floor Plan, prepared by 22.02.2019
Sparks Architects
TP 1.03 Proposed Roof Plan, prepared by Sparks Architects 14.09.2018
TP 2.00 Proposed Elevations, prepared by Sparks Architects 14.09.2018
TP 2.01 Proposed Elevations, prepared by Sparks Architects 14.09.2018
Nature and Extent of Approved Use
3. All staff associated with the brewery use, including administration staff, must finish
no later than:
i. 5pm Monday to Friday; and
ii. Midday Saturday and Sunday
4. The use area of the Entertainment and Dining Business is limited to:
i. Inside: 75m²;
ii. Outside: 55m² and
iii. Kitchen and Bar as shown on the approved plans
5. The Entertainment and Dining Business must operate only in association with the
approved industrial use on site and must not operate outside the following hours:
i. Monday to Friday: 5pm to midnight; and
ii. Saturday and Sunday: 12pm to midnight
6. The mezzanine level must not be used for functions or by patrons of the
Entertainment and Dining Business.
Page 8 of 33
Section 9
ORDINARY MEETING AGENDA 20 JUNE 2019
7. Brewery tours are limited as follows:
a. Only one brewery tour may be conducted on site at any time;
b. A maximum of 13 12 patrons may attend a brewery tour;
c. Patrons must arrive by courtesy bus (maximum 13 12 seats) which is able to
be parked onsite within a car space;
d. Brewery tour patrons must not be permitted to use the outside terrace before:
i. 5.00pm Monday to Friday; and
ii. Midday Saturday and Sunday
8. The approved uses must not cause nuisance as a result of noise emission.
9. Entertainers or speakers used to amplify noise must not be located in any outdoor,
verandah, patio, footpath or beer garden area of the premises.
10. Any display and retail sale of goods must remain an ancillary component to the
approved use and must not exceed 20% of the gross floor area.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to arranging the pre-start meeting. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Advertising Devices
12. The total amount of signage for the subject site must comply with the Advertising
Devices Code.
Bicycle Parking and End of Trip Facilities
13. The proposal must provide 45 bicycle spaces, 2 lockers and 1 shower cubicle.
Service Equipment
14. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary; and
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
Landscaping Works
15. The development site must be landscaped prior to the commencement of use. The
works must be undertaken in accordance with an Operational Works approval and
the Noosa Plan for that specific area and must include in particular:
a. The landscape areas generally shown on reference document Landscape
Area Plan prepared by Sparks Architects dated 14-09-2018, with the
exception of the area immediately west of the building
b. The retention of existing trees on site and street trees.
c. Sub-terrain tree planting area demonstrating at least 4m³ area of structured
soils per tree is available for root growth and is not subject to compaction.
Page 9 of 33
Section 10
ORDINARY MEETING AGENDA 20 JUNE 2019
d. Details of any signage proposed to be located within areas identified for
landscaping.
e. The area shown as a ‘Kids Garden Play Area’ on the USE PLAN - Site Plan,
prepared by Sparks Architects TP 1.00 Rev. A and dated 22.02.2019 must
be landscaped and not developed as a ‘Kids Garden Play Area’.
Damage to Services and Assets
16. 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.
ENGINEERING
Access Driveway
17. The access driveway to the site must be reconstructed in accordance with an
Operational Works approval and engineering design prepared by a suitably
qualified RPEQ (Registered Professional Engineer Queensland), and must include
in particular:
a. A driveway crossover generally in accordance with standard drawing RS-051
b. A driveway minimum width of 5.0m at boundary and 6.5m at the kerb line,
unless approved otherwise by Council
c. A clearance of 1.0m from existing power pole unless approved otherwise in
writing by Energex
d. A clearance of 1.0m from any existing or proposed kerb inlet lentil unless
approved otherwise by Council
e. Any required stormwater works to modify, replace or relocate existing
stormwater infrastructure
Car Parking
18. The carparking must be upgraded and line-marking generally in accordance with
the approved plans. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. 11 car parking spaces and 4 scooter parking spaces must and made
accessible during operation hours
b. 2 staff parking spaces within the total
c. 1 parking space for people with disabilities, and clearly marked for that
purpose
d. 4 scooter parking spaces with clearly marked access aisle to prevent conflict
with parked vehicles
e. Loading zone and service vehicle/s parking, manoeuvring and standing area
clearly lined marked and posted
f. Parking spaces to be sufficiently sign posted and line marked to specify their
use (eg staff parking, customer parking etc)
Page 10 of 33
Section 11
ORDINARY MEETING AGENDA 20 JUNE 2019
g. Wheel stops, parking spaces dimensions and configurations, linemarking
and signs must be provided in accordance with Australian Standard AS2890
for Parking Facilities and the applicable standards and guidelines
h. Providing kerb and/or edging between the landscaped and parking area
where required
i. Well defined routes for pedestrian movements within the parking area
j. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
k. Investigation and assessment of the existing drainage system and
stormwater disposal from the site to ensure no adverse impact is caused on
other properties and/or the road reserve
19. 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.
ENVIRONMENTAL HEALTH
Noise
20. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc. must be situated within the building or suitably provided
with noise reduction measures and located as to prevent a noise nuisance beyond
the boundary of the site and not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
(Excludes On-Site Ancillary Dwelling Unit – Caretakers Unit)
PERIOD Noise level at noise sensitive place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
21. When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to
investigate any non-vexatious complaint caused by noise emissions from
operations at the premises. Such monitoring must be undertaken and completed
within a reasonable and practicable timeframe as nominated by council and be
performed by a suitably qualified and experienced person.
The NIAR must be submitted to Council detailing the results of such monitoring
and recommendations for any measures to achieve compliance with limits outlined
in Table 1 of this Decision Notice.
Page 11 of 33
Section 12
ORDINARY MEETING AGENDA 20 JUNE 2019
22. Measurement of sound pressure levels (adjusted for tonality and impulse) must be
in accordance with Australian Standard AS1055.1 “Acoustics – Description and
measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and reporting
(eg. mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc ), a suitably qualified person is either:
a. Registered Professional Engineer of Queensland, or
b. an environmental consultant with a minimum of 3 years current experience
in the field of acoustics.
Air
23. Offensive odours, dust, smoke, fumes, particulates, or other contaminants likely to
cause a nuisance must not be emitted beyond the boundaries of the premises.
24. Incineration or open burning is not permitted on the premises.
Outdoor Lighting Devices
25. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the
obtrusive effects of outdoor lighting” using a control level of 1.
Waste Disposal
26. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”. The facilities must include an impervious
area, within the site, correctly sized for all refuse and recycling containers and
suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a
bucket trap. The drain outlet must be designed to prevent storm water entry to the
sewerage system.
27. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
B. Find that the brew café is ancillary and complementary to the primary industrial use on
site and will not adversely impact on industrial uses in the area and therefore is sufficient
grounds to justify the decision despite the conflict with the Planning Scheme.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
3 MCU18/0158 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
RETAIL BUSINESS TYPE 2 - SHOP AND SALON AND RECONFIGURATION OF A LOT
(BOUNDARY REALIGNMENT) AT 34 ELM STREET, COOROY
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried.
Page 12 of 33
Section 13
ORDINARY MEETING AGENDA 20 JUNE 2019
4 MCU18/0015 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (2
DETACHED HOUSES AND 12 MULTIPLE HOUSING - TYPE 4 CONVENTIONAL) AND
RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS EASEMENT) AT 27 ATTUNGA
HEIGHTS, NOOSA HEADS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
Carried.
5 MCU19/0007 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE - ENTERTAINMENT & DINING TYPE 2 RECREATION
AMUSEMENT FITNESS (FITNESS CENTRE) AT 26 PROJECT AVENUE, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding Application No. MCU19/0007 for
representations to conditions of approval for a Development Permit for Material Change of Use
– Entertainment & Dining Type 2 Recreation amusement fitness (Fitness Centre) situated at
26 Project Ave, Noosaville and:
A. Approve the request to change Condition 2 to read as follows:
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Plan No. Plan Name Date
D-11801-01C Proposal Plan (site plan), drawn by Lynda McDougall 10/12/2018
D-11801-02B Proposed extension & new amenities block Ground 10/12/2018
Floor Plan, drawn by Lynda McDougall
D-11801-03A Extension and amenities concept – Mezzanine Floor 10/12/2018
Plan & Elevations, drawn by Lynda McDougall
D-11801-03A South and North Elevations, drawn by Lynda 10/12/2018
McDougall
B. Refuse to change Condition 4 for the following reason:
1. The proposed increase in patron numbers results in a reliance on street parking,
which is not consistent with the Driveways and Carparking Code in the Noosa Plan.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Page 13 of 33
Section 14
ORDINARY MEETING AGENDA 20 JUNE 2019
6 OPW17/0555 - PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018,
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24 GIBSON
RD, NOOSAVILLE
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
Carried.
7 NOOSA ENVIRONMENT STRATEGY & IMPLEMENTATION PLAN
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
due to the significance of the issue.
Carried.
8 ENVIRONMENT LEVY LAND ACQUISITION PROGRAM - UPDATE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
for further consideration.
Carried.
Recommendation
The Planning & Environment Committee recommendations dated 11 June 2019 be adopted except
where dealt with or held over by separate resolution.
Page 14 of 33
Section 15
ORDINARY MEETING AGENDA 20 JUNE 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
11 JUNE 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Nil.
1 1718T129 - NOOSA NORTH SHORE CAMPGROUND REFURBISHMENT - STAGE 1
CONSTRUCTION
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 11 June 2019 and award tender 1718T129 for the construction of the Noosa
North Shore Beachfront Campground Refurbishment - Stage 1 works to Midson Construction
(Qld) Pty Ltd for the lump sum price of $2,275,678 excluding GST.
Carried.
2 1819T074 PEREGIAN BEACH AMENITIES CONSTRUCTION - TENDER AWARD
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 11 June 2019 and award tender 1819T074 for the construction of the Peregian
Beach Amenities Block to Ri-con Contractors Pty Ltd for the lump sum price of $497,635.78
excluding GST.
Carried.
3 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING - OVERVIEW
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the overview report by the Community Development Manager and
Environmental Services Manager to the Services & Organisation Committee Meeting dated 11
June 2019 regarding recommended Round 1 2019-20 Community Project and Environment
Grants, Three Year Community and Environment Alliance Agreements, Three Year Signature
Event and Three Year Festive Season Events.
Carried.
4 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING –
COMMUNITY PROJECT GRANTS (ROUND ONE) – PROGRAMS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-20 Round One
Community Project Grants – Programs provided in Attachment 1 to this report.
Carried.
Page 15 of 33
Section 16
ORDINARY MEETING AGENDA 20 JUNE 2019
5 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING –
COMMUNITY PROJECT GRANTS (ROUND ONE) – EVENTS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-20 Round One
Community Project Grants – Events provided in Attachment 1 to this report.
Carried.
6 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING –
COMMUNITY PROJECT GRANTS (ROUND ONE) – EQUIPMENT
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-20 Round One
Community Project Grants – Equipment provided in Attachment 1 to this report.
Carried.
7 2019-20 GRANTS - COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING -
COMMUNITY PROJECT GRANTS (ROUND ONE) – INFRASTRUCTURE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-20 Round One
Community Project Grants – Infrastructure provided in Attachment 1 to this report.
Carried.
8 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING –
ENVIRONMENT PROJECT GRANTS (ROUND ONE)
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council note the report by the Environment Services Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-20 Round One
Environment Project Grants provided in Attachment 1 to the report.
Carried.
Page 16 of 33
Section 17
ORDINARY MEETING AGENDA 20 JUNE 2019
9 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING – 2019-2022
THREE YEAR ALLIANCE AGREEMENT
Cr Wilkie declared a conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his membership on the committee (as President) of The Noosa Arts
Theatre. Cr Wilkie left the meeting room for the debate and decision on the matter.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Community Development Manager and the Environment
Services Manager to the Services & Organisation Committee Meeting dated 11 June 2019 and
A. Approve the 2019-22 Three Year Community Alliance Agreement Grant provided at
Attachment 1 to this report; and
B. Approve the 2019-22 Three Year Environment Alliance provided at 2 to this report.
Carried.
Cr Wilkie returned to the meeting.
10 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING – THREE
YEAR SIGNATURE EVENT
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-22 Three Year
Signature Event provided in Attachment 1 to this report.
Carried.
11 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING – THREE
YEAR FESTIVE SEASON EVENT GRANTS
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his being a life member of the RSL Sub-branch. Cr Pardon believed that
he could consider this item impartially and in the public interest and requested to remain in the meeting
room to participate in the debate and vote on this matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Pardon
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Councillors note the perceived conflict of interest declaration of Cr Pardon and resolve that this
represents a perceived conflict of interest in this matter and Cr Pardon may remain in the meeting room
to participate in the debate and vote on this matter.
Carried.
Cr Pardon did not vote on the above motion.
Page 17 of 33
Section 18
ORDINARY MEETING AGENDA 20 JUNE 2019
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the 2019-22 Three Year
Festive Season Event Grants provided in Attachment 1 to this report.
Carried.
Cr Pardon voted in favour of the motion.
12 REGIONAL ARTS DEVELOPMENT FUND - GRANT RECOMMENDATIONS - 2018-19 MATION
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 11 June 2019 and approve the Regional Arts
Development Fund recommendations for 2018-19 as outlined in Attachment 1 to the report.
Carried.
13 1819T090 - COLLECTION AND PURCHASE OF SCRAP METAL AND LEAD ACID
BATTERIES
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Coordinator Waste Management to the Services &
Organisation Committee Meeting dated 11th June 2019 and:
A. Award tender 1819T090 - Collection and Purchase of Scrap Metal and Lead Acid
Batteries to Sims Group Australian Holdings Limited; and
B. Award the contract for a term of three (3) years with an option for two (2) extensions of
up to 12 months each.
Carried.
14 REVISED GARDEN WASTE SERVICE POLICY
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 11 June 2019 and
A. Repeal the Garden Waste Service Policy adopted 20 April 2017;
B. Adopt the revised “Garden Waste Recycling Service Policy” provided at Attachment 1 to
the report, which provides for expansion of the garden waste recycling service to
commercial and industrial properties, multi-unit accommodation and resorts during the
2019/20 financial year; and
C. Authorise staff to make a variation to the Waste Management Contract 1516T043 to
include the provision of a weekly 1,100 litre garden waste collection service in 2019/20.
Carried.
Page 18 of 33
Section 19
ORDINARY MEETING AGENDA 20 JUNE 2019
15 APPLICATION OF NATIONAL COMPETITION POLICY REFORM FOR 2019-20 BUDGET
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the Services and
Organisation Committee Meeting dated 11 June 2019 and:
A. Continue to apply the Full Cost Pricing reform option to the Waste Management business
activity for the 2019/20 financial year in accordance with section 44(1)(b) of the Local
Government Act 2009; and
B. Continue to apply the Code of Competitive Conduct to the Holiday Parks business
activity for the 2019/20 financial year in accordance with section 47 of the Local
Government Act 2009.
Carried.
16 2019-20 FEES AND CHARGES
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Manager Financial Services to the Services and
Organisation Committee Meeting dated 11 June 2019 and pursuant to sections 97, 98 and
262(3)(c) of the Local Government Act 2009, fix, for the 2019/20 financial year the cost-
recovery fees and commercial charges provided as Attachment 1 to the report.
Carried.
17 NOOSA SPIT SHORELINE EROSION MANAGEMENT PLAN UPDATE - JUNE 2019
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to
the Services & Organisation Committee Meeting dated 11 June 2019 providing an update on
the development of a Shoreline Erosion Management Plan (SEMP) for Noosa Spit.
Carried.
18 GO NOOSA - CHRISTMAS AND EASTER PEAK PERIOD TRAFFIC MANAGEMENT
TRIALS EVALUATION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Project Manager Transport Innovation and Project Officer
to the Services and Organisation Committee Meeting dated 11 June 2019 regarding the Go
Noosa – Christmas 2018-2019 and Easter 2019 Peak Period Traffic Management Trials
evaluation.
Carried.
Page 19 of 33
Section 20
ORDINARY MEETING AGENDA 20 JUNE 2019
19 2019 COMMUNITY SATISFACTION SURVEY RESULTS
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Services & Organisation Committee Agenda Item 19 be referred to the General
Committee due to the significance of the issue.
Carried.
Recommendation
The Services & Organisation Committee recommendations dated 11 June 2019 be adopted except
where dealt with or held over by separate resolution.
Page 20 of 33
Section 21
ORDINARY MEETING AGENDA 20 JUNE 2019
GENERAL COMMITTEE RECOMMENDATIONS
17 JUNE 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington
1 MCU18/0158 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
RETAIL BUSINESS TYPE 2 – SHOP AND SALON AND RECONFIGURATION OF A LOT
(BOUNDARY REALIGNMENT) AT 34 ELM STREET, COOROY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wellington
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 June 2019 regarding MCU18/0158 for a Development Permit for
Material Change of Use - Retail Business - Type 2 Shop & Salon and Reconfiguring a Lot
(boundary realignment), situated at 34 Elm Street, Cooroy and:
A. Approve the application and grant a Preliminary Approval subject to the following
conditions:
1. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are numbered DA-
16.0518 2A – 4A prepared by Andrew McKeller Design and dated April 2019.
These plans must be amended in accordance with the following conditions.
2. Amended plans must be submitted to Council prior to any further development
applications being made and must include the following to the reasonable
satisfaction of the Manager, Development Assessment:
2.1 The total use area for the Retail Business - Type 2 to be reduced to 620m2
or less.
2.2 The development to be setback 4.0 metres from Diamond Lane. This setback
may be reduced in part where it is demonstrated that the amendments to the
northern elevation as required by condition 2.3 have been satisfied..
2.3 The northern elevation to be provided with increased articulation and
variation of materials consistent with the built form character of the Cooroy
township. Character window awnings must not project into the land to be
dedicated to Council.
2.4 The roof form of the building adjacent to the northern elevation to be a
minimum of 12 degrees with minimum 600mm eaves.
2.5 A maximum of four car spaces and four scooter spaces within the Opal Street
road reserve as shown on the plan at Schedule 3 of the Infrastructure
Agreement between Noosa Shire Council and Kexron Pty Ltd.
2.6 A minimum 2.0 metre-wide landscaping strip, within the lot, to the Diamond
Lane frontage adjacent to the full length of the building and outside the area
to be dedicated. This landscaping must comprise a mix of ground covers,
shrubs and small trees. This landscaping strip may be reduced in part where
it is demonstrated that the amendments to the northern elevation as required
by condition 2.3 have been satisfied.
2.7 The provision of island landscaping within the Opal Street road reserve in the
currently paved area between the scooter spaces and the car parking
spaces. The landscaping is to include a small tree.
Page 21 of 33
Section 22
ORDINARY MEETING AGENDA 20 JUNE 2019
2.8 The pedestrian path to the east of the public toilets/bin room must be
increased to a width of 2.0 metres with the provision of suitable separation
between the path and the loading bay (i.e. bollards)
2.9 A minimum of 10% of the site (excluding the area to be dedicated) must be
landscaped. Landscaping beneath car overhangs is not to be included in the
calculation of the 10% landscaped area.
When Conditions must be Complied With
3. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all time while
the use continues.
Dedication
4. Prior to the issue of any Development Permit for Operational Works or the sealing
of any survey plan associated with the development approval, whichever occurs
sooner, a two (2.0) metre wide strip extending across the full length of the frontage
to Diamond Lane is to be dedicated to Council as ‘Road’.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the pre-start meeting. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance
with conditions.
Nature and Extent of Approved Use
6. The approved use must not operate outside the hours of:
a. 6am to 10pm Monday to Thursday
b. 6am to 12am Friday and Saturday
c. 6am to 10pm Sunday or any public holiday
The requirements of this condition must be included in the Community
Management Statement for any body corporate for the subject site.
7. The approved uses must not cause nuisance as a result of noise emission.
8. Entertainers or speakers used to amplify noise must not be located in any outdoor,
verandah, patio, footpath or beer garden area of the premises.
Building Appearance
9. Ground floor shopfront glazing along the frontages must be fully transparent to a
minimum of 50% of the street frontage to allow passive surveillance and encourage
social interaction, and must be provided at full height (floor to ceiling).
10. The external finishes of the building must include a mix of materials, variation in
roof form and extensive eaves as shown on the Approved Plans and as required
by the conditions of approval.
11. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary; and
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
Page 22 of 33
Section 23
ORDINARY MEETING AGENDA 20 JUNE 2019
Advertising Devices
12. A maximum of two pylon signs are permitted for the whole development, with no
more than one pylon sign for any frontage.
Site Access and Driveways
13. A sealed access driveway must be provided from Opal Street to all parking and
manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. driveway crossovers in accordance with Council’s standard drawing RS-051
b. suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety. Warning signage
must be provided near the driveways to warn motorists of pedestrian
movement along the street frontages
14. All vehicles must enter and leave the site in a forward direction.
Car Parking
15. The applicant will comply with the requirements of any infrastructure agreement
entered into with the Council with respect to the payment of car parking
contributions (and provision of onsite carparks and car parking within the road
reserve) in relation to the proposed development. In the event that the above does
not apply a minimum of 26 car parking spaces must be provided and marked on
the site and made available and accessible at all times while the use is open for
business.
16. A minimum of 23 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business.
Additional 4 car spaces and 4 scooter spaces must be provided and marked within
the Opal Street road reserve and made available and accessible at all times while
the use is open for business and for public use. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. pedestrian routes in accordance with the approved plans
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, inside the property
d. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities
17. 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.
18. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Service vehicles
19. A loading bay is to be provided, in the site, in accordance with the approved plans
and must include in particular:
a. A boom gate which limits access to delivery vehicles only (maximum size -
medium rigid vehicle)
b. Left turn only on to Diamond Lane from the loading bay.
Page 23 of 33
Section 24
ORDINARY MEETING AGENDA 20 JUNE 2019
20. Service vehicle movements associated with the approved use (including loading
and unloading) must not occur outside the hours of 6am to 6pm Monday to
Saturday and not at all on Sundays or public holidays. The requirements of this
condition must be included in the Community Management Statement for any body
corporate for the subject site.
External Works
21. The bus stop and associated infrastructure (e.g. bus shelter) on Elm Street shall
be relocated in accordance and in consultation with the Department of Main Roads
and Translink’s requirements. Any required adjustment to the pathway and kerb
must be carried out at the applicant/developer expense.
22. The full frontage of the site to Elm Street must be upgraded in accordance with an
Operational Works approval and must include in particular:
a. a new 2.0m wide concrete pathway
b. removal of any redundant property accesses and reinstatement of the kerb
and verge area to match the upgraded frontage, including the provision of
topsoil and turf where required
c. upgrading the existing pram ramp
Conditions 22 a and c are imposed pursuant to s128 of the Planning Act 2016
being necessary trunk infrastructure identified by Council’s LGIP to service the
development.
23. Diamond Lane must be upgraded for the full length of the frontage to the subject
site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. Road widening, refuse truck loading zone and kerb and channel;
b. removal of any redundant property accesses and reinstatement of the kerb
and verge area to match the upgraded frontage, including the provision of
topsoil and turf where required; and
Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
24. The road verge along the frontage of the site to Opal Street must be upgraded in
accordance with an Operational Works approval and must include in particular:
a. a new 2.0m wide concrete pathway with adjusted alignment and construction
methods as necessary to protect the survival of existing street trees
b. construction of car and scooter parking in accordance with the Infrastructure
Agreement
c. Reinstatement and landscaping
Condition 24 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Pedestrian and Bicycle Facilities
25. The pedestrian link between Diamond Lane and Opal Street must remain available
to pedestrians during business hours.
25.26. Pedestrian and bicycle facilities must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. Internal pedestrian footpaths in accordance with the approved plans
b. a total of 8 bicycle parking spaces
Page 24 of 33
Section 25
ORDINARY MEETING AGENDA 20 JUNE 2019
c. end of trip facilities involving 4 lockers and 1 shower with ancillary change
rooms.
Public Safety
26.27. All ground floor shopfront glazing must be protected against vandalism by the
use of a form of safety glass such as toughened or laminated glass.
27.28. During operating hours, all parking areas, pedestrian areas and
entrances/exits to all stairwells, foyers and public toilets must be well lit with vandal
resistant lighting and with intensities to satisfy the requirements of Australian
Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the
contrast between shadows and well lit areas. In particular, appropriate security
lighting must be provided in the location shown at the corridor servicing the toilets
and change room.
Electricity and Telecommunication Services
28.29. 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.
29.30. Certification must be submitted to Council from all relevant service providers
which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Easements
30.31. 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.
31.32. 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.
32.33. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
33.34. All fill and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
34.35. All retaining walls must be designed and constructed in accordance with the
planning scheme and must be certified by an RPEQ where exceeding 1.0m in
height. All retaining walls that are publicly accessible and exceed 1.0m in height
must be fitted with a commercial grade safety fence.
Damage to Services and Assets
35.36. 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.
Page 25 of 33
Section 26
ORDINARY MEETING AGENDA 20 JUNE 2019
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.
Landscaping Works
36.37. The development site must be landscaped prior to the commencement of use.
The works must be undertaken in accordance with an Operational Works approval
and the Noosa Plan for that specific area and must include in particular:
a. The landscape areas generally shown on the approved Site Plan/Ground
Floor Plan Rev. A prepared by Andrew McKellar Design dated April 2019
with the following amendments:
i. A minimum 2.0 metre-wide landscaping strip, within the lot, to the
Diamond Lane frontage adjacent to the full length of the building and
outside the area to be dedicated as lane. This landscaping must
comprise a mix of ground covers, shrubs and small trees
ii. The provision of island landscaping within the Opal Street road reserve
in the currently paved area between the scooter spaces and the car
parking spaces. The landscaping is to include a small tree.
iii. All trees to be a minimum pot size of 100 litres and consist of local
native tree species.
iv. Views of the tree planted on site at the corner of Opal and Elm Streets
must not be impeded by the proposed feature wall, the feature wall
must have a maximum height of 1200mm from natural ground level.
b. The retention of the three street trees to the western end of the Opal Street
frontage.
c. Sub-terrain tree planting area demonstrating at least 4m³ area of structured
soils per tree is available for root growth and is not subject to compaction.
d. Details and depths of all landscaping soils, especially where subject to
compaction relating to filling of the site.
e. Details of any signage proposed to be located within areas identified for
landscaping.
37.38. All landscape works must be established and maintained in accordance with
the approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed
to grow to full form and be refurbished when its life expectancy is reached.
Stormwater Drainage
38.39. The site must be provided with a stormwater drainage system connecting to
a lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval.
39.40. The plans submitted for the Operational Works approval must be prepared
and certified by suitably qualified RPEQ and include calculations in accordance
with Queensland Urban Drainage Manual and must confirm that that not increase
in stormwater runoff for all storm events up and including 1% AEP.
40.41. Stormwater runoff from the development must be disposed of on-site without
causing scour, damage or ponding on the subject site or any adjoining property.
Page 26 of 33
Section 27
ORDINARY MEETING AGENDA 20 JUNE 2019
Waste Disposal
41.42. The developer must provide waste storage and disposal facilities in
accordance with Planning Scheme Policy No. 9 “Waste Management Multi-
Dwellings and Commercial and Industrial Premises”. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties.
A bin wash area is required with a cold-water tap, hose and drain outlet connected
to sewer, via a bucket trap. The drain outlet must be designed to prevent storm
water entry to the sewerage system.
42.43. Refuse containers must be provided in accordance with the requirements of
the Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
43.44. Public bins must be provided throughout the car park to reduce littering. Bins
provided must be for refuse and recycling and be decanted into the bulk bins by
the site operators.
44.45. Service vehicle parking, manoeuvring and standing space along Diamond
Lane must be provided in accordance with the approved plans. The works must be
undertaken in accordance with an Operational Works approval.
RECONFIGURING A LOT
When Conditions Must Be Complied With
45.46. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to submission of the subdivision plan to Council for
compliance assessment.
Approved Plans
46.47. 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
DA-16.0518.2A A Site plan/Ground floor plan April 2019
47.48. All lot numbering on the subdivision plan to be submitted to Council for
compliance assessment must remain as shown on the Approved Plans.
Dedication
48.49. The submitted Plan of Survey shall include a two (2.0) metre wide strip
extending across the full length of the frontage to Diamond Lane is to be dedicated
to Council as ‘Road’.
Water & Sewer Connections
49.50. An underground connection to reticulated water and sewerage must be
provided to each lot in accordance with the standards and requirements of
Northern SEQ Distributor–Retailer Authority (Unitywater).
A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection
to reticulated water and sewerage has been provided to each lot.
Page 27 of 33
Section 28
ORDINARY MEETING AGENDA 20 JUNE 2019
Community Management Statement
50.51. Any proposed Community Management Statement required for the
development pursuant to the Body Corporate and Community Management Act
1997 must be submitted to Council for endorsement at the same time as
submission of the subdivision plan to Council for compliance assessment.
51.52. All clauses and by-laws of the proposed Community Management Statement
must accord with the requirements of this Decision Notice.
B. Enter into an Infrastructure Agreement with the applicant that provides for the dedication
of part of the site for future widening of Diamond Lane, constructed car parking within
the road reserve and contributions in lieu of 3 on-site car parking spaces.
C. Find the following sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The use of the land for retail businesses is consistent with the pattern of
surrounding zoning and development.
2. The proposed development is compatible with other uses within proximity of the
site and will not have any significant adverse impacts on the amenity enjoyed by
users of other premises.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
2 MCU18/0015 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (2
DETACHED HOUSES AND 12 MULTIPLE HOUSING - TYPE 4 CONVENTIONAL) AND
RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS EASEMENT) AT 27 ATTUNGA
HEIGHTS, NOOSA HEADS
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That Council note the report by the Contract Planner to the Planning & Environment Committee
Meeting dated 11 June 2019 regarding Application No. MCU18/0015 for a Development Permit
for Material Change of Use (2 Detached Houses and Multiple Housing – type 4 Conventional
– 12 Units) and Reconfiguring a Lot (1 into 4 lots plus Access Easement) situated at 27 Attunga
Heights, Noosa Heads and defer the application to a future Council meeting given the applicant
has stopped the current period as provided for under the Planning Act 2016.:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Noosa Plan’s Strategic Framework
and the Desired Environmental Outcomes as
(i) The proposal does not satisfactorily protect the site’s significant environment
values.
(ii) The proposal does not maintain a satisfactory wildlife corridor through the
site and intrudes into the riparian buffer to the site’s watercourse.
2. The proposed development is contrary to the Overall and Specific Outcomes of the
Noosa Heads Locality Code as
(i) The proposed uses are inconsistent with and therefore strongly inappropriate
in the Open Space Conservation Zone.
Page 28 of 33
Section 29
ORDINARY MEETING AGENDA 20 JUNE 2019
(ii) The applicant has not satisfactorily demonstrated the proposed development
footprint is commensurate with the site’s constraints and values.
(iii) The proposal will adversely impact on the site’s and the adjoining road
reserve’s scenic and environmental values.
(iv) The proposed built form will adversely impact on the visual amenity of nearby
properties in Attunga Heights.
(v) The proposed development does not respect the scale and character of the
surrounding development.
3. The proposed development is contrary to the Specific Outcomes of the Noosa
Heads Locality Code for population density, gross floor area, site cover, building
height and setbacks.
4. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal does not satisfactorily manage, minimise or mitigate its impact’s on the
site’s ecologically important areas, ecological linkages for the koala population and
the site’s watercourse with the development resulting in excessive clearing of
protected vegetation.
5. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
(i) The proposed lots and lot boundaries fragment the site’s wildlife corridor and
the riparian buffer to the site’s watercourse.
(ii) The proposal is to subdivide land in the Open Space Conservation zone.
(iii) The applicant has not demonstrated appropriate access for Lot 3 for
construction purposes is available or achievable.
(iv) The proposed parkland lot, Lot 4, includes part of the bushfire protection
zone for the multiple dwelling units and steep slopes, which will require
ongoing monitoring and future management, inappropriately burdening
Council’s resources.
6. The proposed development has not been designed to avoid any potential instability
and associated problems and seeks to clear excessive vegetation that assists in
stabilising the site and the development in the long term contrary to the Natural
Hazards Overlay Code and Reconfiguring a Lot Code.
7. The proposed development will adversely impact on the vegetated character of the
adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by
residents and visitors to the area due to the scale and extent of development
proposed along this boundary and limited landscape opportunities to screen the
development. The proposed works for the driveway and associated retaining walls
are also likely to adversely impact on the vegetation within the road reserve and
result in the removal of some existing mature vegetation.
8. The proposed stormwater management strategies for water quality for the multiple
housing development on lot 1 conflict with the Water Sensitive Design Code, which
requires natural treatment strategies and systems and are contrary to the
Reconfiguring a Lot Code.
9. The proposed proprietary device has not been accepted by Stormwater Australia
as a satisfactory water quality treatment system for this area. Therefore, the
proposed development may adversely impact on the downstream ecosystem due
to changes in water quality.
10. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements to protect the site’s environmental
values and appropriately respond to the site’s natural hazards.
Page 29 of 33
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ORDINARY MEETING AGENDA 20 JUNE 2019
11. The application attracted a considerable number of public submissions raising valid
grounds of objection to the development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
3 OPW17/0555 PLANNING & ENVIRONMENT COURT APPEAL NO 2760 OF 2018,
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS FOR SIGNAGE AT 4-24 GIBSON
RD, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 June 2019 regarding Planning & Environment Court
Appeal No 2760 of 2018 and agree to settle the appeal generally in accordance with the
amended conditions set out in Attachment 3.
Carried.
4 NOOSA ENVIRONMENT STRATEGY & IMPLEMENTATION PLAN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 June 2019 and:
A. Adopt the Noosa Environment Strategy, provided at Attachment 1, to provide long-term
strategic direction of environmental management initiatives for the Noosa Council
between 2019 and 2029; and
B. Adopt the Implementation Plan of the Noosa Environment Strategy, provided at
Attachment 2, which identifies how achievement of the targets and outcomes in the
Strategy will be progressed between 2019 and 2022.
C. Authorise the CEO to make any required minor amendments or corrections to both
documents.
Carried.
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Section 31
ORDINARY MEETING AGENDA 20 JUNE 2019
5 ENVIRONMENT LEVY LAND ACQUISITION PROGRAM - UPDATE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 11 June 2019 regarding an update on the Environment
Levy Land Acquisition Program and:
A. Agree to investigate, through the development of a business case, the eligibility for two
parcels of land purchased by the Environment Levy (25SP104706, 26 Riverpark Drive,
Ringtail Creek and 3RP186809, 1675 Louis Bazzo Drive, Boreen Point) for a revolving
fund, in accordance with Council’s Revolving Fund Policy Guidelines, to potentially
provide funds to acquire other environmentally significant land; and
B. Request staff to provide a report on the business case back to a future round of Council
meetings for consideration.
C. Write to the Minister for Environment requesting an update on the progress of National
Park gazettal of two land parcels purchased under the Environment Levy, Echolelon
Esplanade, Noosa North Shore, 22RP25570 and Lake Cooroibah Road, Lake
Cooroibah, 2RP800334.
Carried.
6 2019 COMMUNITY SATISFACTION SURVEY RESULTS
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 11 June 2019 regarding the results of the 2019 Community
Satisfaction Survey and the Community Satisfaction Survey 2019 Report prepared by Market
Facts Qld. Pty Ltd contained in Attachment 1 to the report and place on record its formal thanks
for the efforts of Noosa Council staff in achieving the continued improvement and significant
positive result.
Carried.
7 PLANNING & ENVIRONMENT COURT APPEAL NO. 2881 OF 2018 - ENFORCEMENT
NOTICE ISSUED TO NOOSA AIRFIELD, LAKE WEYBA DVE & EENIE CREEK RD,
NOOSAVILLE
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wellington
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 17 June 2019 and agree to resolve the appeal on the basis of the
Mediation Agreement included as Attachment 1 & the Area to Revegetate included as
Attachment 2 to this report.
Carried.
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Section 32
ORDINARY MEETING AGENDA 20 JUNE 2019
8 FINANCIAL PERFORMANCE REPORT - MAY 2019
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 June 2019 outlining May 2019 year to date financial performance against
budget.
Carried.
Recommendation
The General Committee recommendations dated 17 June 2019 be adopted except where dealt with
or held over by separate resolution.
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Section 33
ORDINARY MEETING AGENDA 20 JUNE 2019
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 18 July 2019 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
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