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2017-03-16 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 16 March 2017
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 16 MARCH 2017
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 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 8
GENERAL COMMITTEE RECOMMENDATIONS 11
7 ORDINARY MEETING REPORTS 13
8 CLOSED SESSION 13
9 NEXT MEETING 13
10 MEETING CLOSURE 13
Page 2 of 13
Section 3
ORDINARY MEETING AGENDA 16 MARCH 2017
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 16 February 2016 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING AGENDA 16 MARCH 2017
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 MARCH 2017- Crs Joe Jurisevic (Chair), Brian Stockwell and Tony Wellington.
Apology - Cr Jackson
Other Councillors in attendance: Crs. Frank Wilkie and Frank Pardon
1 MCU16/0117 & OPW16/0212 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
OF USE FOR MULTIPLE HOUSING TYPE 4 CONVENTIONAL (6 UNITS) &
OPERATIONAL WORKS FOR EARTHWORKS, STORMWATER, DRIVEWAYS,
PARKING & LANDSCAPING SITUATED AT 11 OPAL STREET, COOROY
That Council note the report by the Coordinator of Planning to the Planning & Environment
Committee Meeting 7 March 2017 regarding Application No. MCU16/0117 & OPW16/0212
for a Development Permit for a Material Change of Use - Multiple housing Type 4 -
Conventional (4 units) situated at 11 Opal Street, Cooroy and:
A. Approve the application in accordance with the following conditions contained in the
Planning & Environment Committee Agenda dated 7 March 2017.:
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The Sport and Active Recreation Strategy identifies that the subject land is
surplus to Open Space Recreation land in Cooroy;
2. The Open Space Strategy identifies that additional land is required further north,
towards Cooroy’s residential growth areas along Lake Macdonald Drive and
Pearsons Road;
3. The proposed development provides smaller dwellings with varying bedroom
configurations which improves housing choice and is identified as community
benefit by Councils Strategic Land Use Planning Section.
4. The proposed dwelling types are broadly consistent with the character provisions
of the locality; and
5. The proposal is consistent with the Preliminary Approval which is valid until 31
October 2019.
2 OPW17/0039 - DEVELOPMENT PERMIT FOR OPERATIONAL WORKS PLACING
ADVERTISING DEVICES - SIGNAGE AT 14 HASTINGS STREET, NOOSA HEADS
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 March 2017 regarding Application No. OPW17/0039 for a
Development Permit for Operational Works - Signage situated at 14 Hastings Street, Noosa
Heads and approve the application in accordance with the following conditions:
PLANNING
Approved Plans
1. 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.
Page 4 of 13
Section 5
ORDINARY MEETING AGENDA 16 MARCH 2017
Plan No. Rev. Plan/Document Name Date
SCF477A_a 0 Diagram 1: Sign Location (Sheet 3), drawn by 21 January 2017
VISTEK
SCF477A_a 0 Diagram 2: Sign Arrangement (Sheet 4), drawn 21 January 2017
by VISTEK
SCF477A_a 0 Diagram 3: Section A-A (Sheet 8), drawn by 21 January 2017
VISTEK
SCF477A_b 0 Diagram 1: Sign Location (Sheet 3), drawn by 24 January 2017
VISTEK
SCF477A_b 0 Diagram 2: Sign Arrangement (Sheet 4), drawn 24 January 2017
by VISTEK
SCF477A_b 0 Diagram 3: Section A-A (Sheet 8), drawn by 24 January 2017
VISTEK
SCF477A_b 0 Diagram 1: Sign Location (Sheet 3), drawn by 24 January 2017
VISTEK
SCF477A_b 0 Diagram 2: Sign Arrangement (Sheet 4), drawn 24 January 2017
by VISTEK
SCF477A_b 0 Diagram 3: Section A-A (Sheet 8), drawn by 24 January 2017
VISTEK
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
Nature and Extent of Approved Development
3. This approval authorises the following signs as defined by the planning scheme and
shown on the Approved Plans:
a. Three illuminated wall signs.
4. The approved signs must not be used for the advertisement of goods and/or services
not sold or conducted on the site (ie. third party advertising).
5. The approved signs must not exceed the dimensions and sign areas as shown on the
Approved Plans.
Illumination
6. The approved signs must not incorporate flashing lights nor involve illumination by any
means other than:
a. an internal light source
b. a down light, if externally lit.
7. Illumination resulting from direct, reflected or other incidental light emanating from the
approved signs must not exceed a luminance of 300 candelas per square metre.
8. All sign illumination must be switched off between 11:00pm and sunset of the following
day.
9. All conduits, wiring, switches or other electrical apparatus installed on an advertising
device must be concealed from general view.
Movement
10. The approved signs must not revolve, move, contain moving parts, change its
message, flash, have a moving or flashing border, or give the impression of movement
in any way.
Maintenance
11. The approved signs must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
Page 5 of 13
Section 6
ORDINARY MEETING AGENDA 16 MARCH 2017
3 132007.1259.05 - DEVELOPMENT APPLICATION TO CHANGE THE DEVELOPMENT
APPROVAL AND EXTEND THE RELEVANT PERIOD FOR VISITOR ACCOMMODATION,
OFFICE, SHOPS AND RESTAURANTS AT 215A DAVID LOW WAY, PEREGIAN BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 March 2017 in regard to the request to extend the relevant period
and to change Condition 31 of approval No. 132007.1259.05 for a Development Permit for
Material Change of Use – Visitor Accommodation Type 4 Conventional, Entertainment &
Dining Type 1 Food & Beverages, Retail Business Type 2 Shop & Salon, Commercial Type
1 Office situated at 215A David Low Way, Peregian Beach and
A. Refuse the request to extend the relevant period before which the development
approval will lapse under section 341 of the Sustainable Planning Act 2009 for the
following reasons:
1. The notice requesting the extension to the period was not made on the Council’s
prescribed form.
2. The notice did not provide a copy of its notification to the relevant concurrence
agency for the original development application under section 383(3)(b) of the
Sustainable Planning Act 2009.
31. The proposed development is inconsistent with The Noosa Plan and given the
time lapsed it is relevant to examine whether there are still grounds in the
community’s interest to justify the conflict with the planning scheme.
42. The community is unlikely to be aware of the development approval given the
time lapsed since the application was lodged in 2007; changes in the area; and
the shopping complex that has been constructed on a significant portion of the
site.
53. The application would be likely to attract further properly made submissions were
a further development application lodged and publicly notified today, given
a. the time lapsed since the application was lodged in 2007;
b. the changes that have occurred in Peregian Beach, including significant
urban growth west of Peregian Beach
c. the development cannot proceed in its current approved form and the
change is likely to result in a substantially different development
64. The approved development in its current form cannot proceed as a shopping
complex has been constructed on a significant portion of the site and has
superseded the development approval.
B. Advise the applicant that the request to change the date in Condition 31 when the
development approval will lapse for failure to complete all works associated with the
development is a request to change the development application under section 369
of the Sustainable Planning Act 2009 and must be made to the Planning and
Environment Court pursuant to Sustainable Planning Act 2009.
4 OPW16/0016 - PLANNING & ENVIRONMENT COURT APPEAL 281/2017 REFUSAL OF
DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS
SITUATED AT 2 PARKYN COURT, TEWANTIN
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 7 March 2017 regarding Planning and Environment Court Appeal
281/2017 and agree to defend the appeal.
Page 6 of 13
Section 7
ORDINARY MEETING AGENDA 16 MARCH 2017
5 REC16/0015 PLANNING & ENVIRONMENT COURT APPEAL 123/2017 FOR A
DEVELOPMENT APPLICATION FOR A RECONFIGURING A LOT (1 LOT INTO 2 LOTS
& ACCESS EASEMENT SITUATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 March 2017 regarding Planning & Environment Court Appeal
123/2017 and agree to defend the appeal.
6 WALLACE PARK FLYING FOX MANAGEMENT STRATEGIES
That Council note the report by the Flying Fox Management Officer to the Planning &
Environment Committee Meeting dated 7 March 2017 providing an update on the
implementation of the Wallace Park Flying Fox Management Plan and the costs to continue
to implement the Plan which will be considered during the 2017/18 budget process.
7 NOOSA BIOSPHERE RESERVE FOUNDATION BOARD - 6 MONTHLY REPORT
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Requested by Cr Pardon due to the significance of the issue
Recommendation
The Planning & Environment Committee recommendations dated 7 March 2017 be adopted except
where dealt with or held over by separate resolution.
Page 7 of 13
Section 8
ORDINARY MEETING AGENDA 16 MARCH 2017
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
7 MARCH 2017 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Nil.
1 1314T006 TRAFFIC CONTROL SERVICES - CONTRACT EXTENSION
That Council note the report by the Works Coordinator to the Services & Organisation
Committee Meeting dated 7 March 2017 and authorise the execution of the final option under
contract 1314T006 – Traffic Control Services to Aaction Traffic Control Pty Ltd for twelve (12)
months from 1 July 2017 to 30 June 2018.
2 1314T004 PAVEMENT MARKING SERVICES CONTRACT EXTENSION
That Council note the report by the Works Coordinator to the Services & Organisation
Committee Meeting dated 7 March 2017 and approve the execution of the final option under
contract 1314T004 – Pavement Marking Services to Suncoast Roadmarking for twelve (12)
months from 1 July 2017 to 30 June 2018.
3 EXPRESSIONS OF INTEREST FOR USE OF LOT 5 AT COOROY LOWER MILL SITE
Cr Pardon declared a conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his intention to participate in the Expression of Interest process for this
property. Cr Pardon left the room for the debate and decision on this matter.
That Council note the report by the Property Advisor to the Services & Organisation
Committee Meeting dated 7 March 2017 and proceed to an Expression of Interest process
for activation of the Lower Mill site (Lot 5 SP213104) using the Expression of Interest Criteria
and Assessment Criteria as set out in the report.
Cr Pardon returned to the meeting.
4 FLOATING LAND 2017
That Council note the report by the Libraries & Galleries Manager to the Services &
Organisation Committee Meeting dated 7 March 2017 and
A. Agree to the proposal that Council coordinate and produce Floating Land 2017;
B. Request the CEO to commence planning for the delivery of Floating Land 2017 as
outlined in section 4 of the report; and
C. Refer consideration of the Floating Land budget initiative for $95,000 to the 2017/18
budget process.
5 CONTRACT OF EMPLOYMENT - CHIEF EXECUTIVE OFFICER
That Council note the report by the Executive Manager to the Services & Organisation
Committee Meeting dated 7 March 2017 and:
A. Enter into a new contract of employment with Mr Brett de Chastel, Chief Executive
Officer Noosa Council, for a further four-year term commencing 3 February 2018 and
terminating on 2 February 2022 with the same terms and conditions as the existing
contract; and
B. Authorise the Mayor to execute the employment contract on Council’s behalf.
Page 8 of 13
Section 9
ORDINARY MEETING AGENDA 16 MARCH 2017
6 NOOSAVILLE FORESHORE - COMMERCIAL JETTY LEASES & ENCROACHMENTS
ONTO COMMUNITY LAND
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Significance of issue.
7 COMMERCIAL HIGH USE PERMITS - EXPRESSIONS OF INTEREST ASSESSMENT
CRITERIA
That Council note the report by the Property Advisor to the Services & Organisation
Committee Meeting dated 7 March 2017 and
A. Adopt the Expression of Interest (EOI) application assessment criteria and weightings
as detailed in the report.
B. Agree to proceed to the public EOI process for the Commercial High Use Permits.
8 2017/18 NATIONAL COMPETITION POLICY REFORM APPLICATION
That Council note the report by the Director Corporate Services to the Services &
Organisation Committee Meeting dated 7 March 2017 and
A. Apply the Full Cost Pricing reform option to the Waste Management business activity
for the 2017/18 financial year in accordance with section 44(1)(b) of the Local
Government Act 2009; and
B. Apply the Code of Competitive Conduct to the Holiday Parks business activity for the
2017/18 financial year in accordance with section 47 of the Local Government Act
2009.
9 TRIAL - ADDITION OF FRUIT AND VEGETABLE WASTE TO GARDEN WASTE BINS
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 7 March 2017 on the successful trial of adding fruit
and vegetable waste to Council’s garden waste bins and agree to allow fruit and vegetable
waste to be placed in garden waste bins from 1 September 2017 when Council introduces
its new 3 bin waste collection service into urban areas of the Shire.
10 CAPITAL PROGRAM DELIVERY STATUS - JANUARY 2017
That Council note the report by the Asset Planning Coordinator to the Services &
Organisation Committee Meeting dated 7 March 2017 providing an update on the status of
the projects currently being delivered in the 2016/17 Capital Works Program and note that
Council has achieved $12.58m of actuals and commitments compared to the total budget as
at 31 January 2017 being 49% of the program.
Page 9 of 13
Section 10
ORDINARY MEETING AGENDA 16 MARCH 2017
11 WASTE MANAGEMENT - 6 MONTHLY REPORT
That Council note the report by the Coordinator Waste to the Services and Organisation
Committee Meeting dated 7 March 2017 which provides an update on the activities of the
Waste Management Section over the first six months of the 2016/17 financial year and
planned activities and initiatives for the next six months.
12 OVERVIEW OF JANUARY 2017 RATE LEVY
That Council note the report by the Manager Revenue Services to the Services &
Organisation Committee Meeting dated 7 March 2017 providing an overview of the January
2017 Rate Levy.
Recommendation
The Services & Organisation Committee recommendations dated 7 March 2017 be adopted except
where dealt with or held over by separate resolution.
Page 10 of 13
Section 11
ORDINARY MEETING AGENDA 16 MARCH 2017
GENERAL COMMITTEE RECOMMENDATIONS
13 MARCH 2017 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington. Apology: Frank Pardon
1 NOOSA BIOSPHERE RESERVE FOUNDATION BOARD – 6 MONTHLY REPORT
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 7 March 2017 and note the progress report to Council by the
Noosa Biosphere Reserve Foundation for the six-month period to 31 December 2016
provided at Attachment 1 to the report.
2 NOOSAVILLE FORESHORE – COMMERCIAL JETTY LEASES & ENCROACHMENTS
ONTO COMMUNITY LAND
That Council note the report by the Property Advisor to the Services & Organisation
Committee meeting dated 7 March 2017 and authorise the Chief Executive Officer (CEO) to:
A. Write to the Queensland Government (DNRM) confirming Council’s support of their
proposed compliance action to ensure its lease holders remain within approved lease
areas and uses are for marine facilities purposes;
B. Write to commercial jetty leaseholders along Gympie Terrace advising them to cease
encroachments onto reserve land; and
C. Seek to develop a Memorandum of Understanding between DNRM and Council to
establish:
1. a regular compliance inspection program of commercial river leases identified in
Figure 1 of the report; and
2. a process by which the parties consult prior to consenting to any new sub-leases
or uses.
D. Note that matters arising from conflicts with the planning scheme by commercial jetty
leaseholders are currently on hold while Council waits for advice from DNRM with
regards to their intended actions, in particular in respect of the leases being for “marine
facilities purposes”.
3 1617T059 - DESIGN & CONSTRUCTION OF PEREGIAN BEACH DIGITAL HUB
BUILDING & CARPARK
That Council note the report by the Project Manager to the General Committee Meeting dated
13 March 2017 and award tender 1617T059 for Design and Construction of Peregian Beach
Digital Hub Building & Carpark to J Hutchinson Pty Ltd t/as Hutchinson Builders for the lump
sum price of $2,727,461 (excluding GST).
4 OUTCOME OF ORGANISATIONAL STRUCTURE REVIEW
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 13 March 2017 and:
A. Adopt the Organisation Structure by Function as set out in Attachment 1 to the report
and the Organisation Structure by Branch and Equivalent Full Time staff allocation as
set out in Attachment 2 to the report;
Page 11 of 13
Section 12
ORDINARY MEETING AGENDA 16 MARCH 2017
B. Request the Chief Executive Officer to develop and action a Transition Plan to
implement the organisational structure to ensure that the changes are implemented in
a practical way and further that the Chief Executive Officer continue to engage with
affected staff during the implementation phase; and
C. Delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive
Officer pursuant to section 196 of the Local Government Act for any period that the
Chief Executive Officer is absent for annual leave or the like.
5 DRAFT TRANSPORT STRATEGY 2017-2027
That Council note the report by the Project Officer to the General Committee Meeting dated
13 March 2017 and:
A. Adopt the draft Transport Strategy 2017-2027, provided at Attachment 1 to the report;
for the purposes of community consultation, and with the inclusion of the following
amendments which reflect the changes approved for the Transport Policy in the motion
to the Ordinary Meeting of 17 November 2016, specifically:
1. Under Principles (page 4), add a 9th dot point to read:
Design for, encourage and facilitate transport options that reduce the
emissions produced by our community.
2. Under Desired Outcomes (page 7), amend items 2 and 11 to read:
2 The transport network is designed to facilitate and encourage There has
been an overall modal shift away from private car use towards more
sustainable transport modes including walking, cycling, and public
transport, electric vehicles and motor scooters/cycles.
11 Road crossings The road and associated pedestrian networks are safe and
accessible to all users including for mobility scooters, cyclists and
pedestrians.
B. Amend the Transport Policy as follows: vision to
1. Under Policy Background, at paragraph 3, change the words “Council’s transport
vision for the Noosa Shire is one that means” to “Council’s transport aims for the
Noosa Shire would mean”; and
2. Within the Policy Background section, add the words: “Council’s transport vision
for the Noosa Shire: “Noosa Shire enjoys an efficient, free flowing transport
system that enhances resident and visitor experiences”.
6 FINANCIAL PERFORMANCE REPORT - FEBRUARY 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 March 2017 providing the February YTD monthly financial performance
report for the 2016/17 financial year.
Recommendation
The General Committee recommendations dated 13 March 2017 be adopted except where dealt
with or held over by separate resolution.
Page 12 of 13
Section 13
ORDINARY MEETING AGENDA 16 MARCH 2017
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 20 April 2017 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 13 of 13