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2020-02-20 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 20 February 2020
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow (by teleconference)
Councillor I Jackson
Councillor J Jurisevic
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Contini, Director Community Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 6.00pm.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Jackson
In accordance with Section 276 of the Local Government Regulation 2012, Council provide
approval for Cr Glasgow to attend Council’s Ordinary meeting of 20 February 2020 by
teleconference.
Carried unanimously.
Cr Glasgow did not vote on the above motion.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
The Minutes of the Ordinary Meeting held on 16 January 2020 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
Nil.
Page 2 of 20
Section 3
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
4 PETITIONS
1 PETITION: REQUEST FOR COUNCIL TO ADDRESS SPEEDING MATTERS IN
SOLWAY DRIVE, SUNSHINE BEACH
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That the petition tabled by Cr Wellington requesting that Council address the issue of
speeding vehicles in Solway Drive, Sunshine Beach be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried unanimously.
2 PETITION: REQUEST FOR EXTENSION OF YELLOW NO PARKING LINE MARKING
AND REGULAR MONITORING OF ILLEGAL PARKING IN VAL CRESCENT,
NOOSAVILLE
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the petition tabled by Cr Wellington requesting that Council extend the existing
yellow no parking line marking from the corner of Val Crescent to past the Arcare
development in Val Crescent and undertake regular monitoring of illegal parking in the
street be received and referred to the Chief Executive Officer to determine appropriate
action.
Carried unanimously.
3 PETITION: REQUEST COUNCIL TO IMPROVE THE SAFETY AND AMENITY OF
PITTA STREET, PEREGIAN BEACH
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jackson
That the petition tabled by Cr Wellington requesting that Council improve the safety and
amenity of Pitta Street, Peregian Beach with regards to parking and pedestrian access
be received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 20
Section 4
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 FEBRUARY 2020 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Cr Frank Wilkie (items 1 – 6)
7 MULTI-YEAR ENVIRONMENT COLLABORATIVE GRANTS
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 association with the following applicants:
1. Noosa & District Landcare – As a Sole Trader in his business Watershed Australia, Cr Stockwell
has been both contracted by, and has subcontracted officers of, Noosa and District Landcare
prior to becoming a Councillor. He is also an ordinary member of the group with long standing
association as one of the founding members;
2. Noosa Environmental Education Hub for the Noosa Young Environmental Custodian's
Biodiversity Restoration Project – Cr Stockwell has previously been requested by the Noosa
Environmental Education Hub, in his role as Councillor, to speak to Schools on environmental
topics. In addition, in his capacity as scout leader of the Noosa Sea Scouts, he was approached
by the Noosa Environmental Education Hub for a potential lease of the scout site however that
lease did not eventuate;
3. Noosa Integrated Catchment Association – Cr Stockwell is the Council appointed representative
to NICA and is an ordinary member of that Association;
Cr Stockwell declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his association with the following applicants:
1. Mary River Catchment Coordinating Committee - As a Sole Trader in his business Watershed
Australia, he has both been contracted by, and has subcontracted officers of, MRCCC during this
term of Council. In addition, Cr Stockwell advised that he is Council’s nominated representative
for the MRCCC;
2. Eastern Beaches Bushcare Collaborative – Cr Stockwell has worked with the Eastern Beaches
Bushcare Groups providing them with advice in relation to their grant application;
Cr Stockwell left the meeting room for the debate and decision on this matter.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 February 2020 and:
A. Award the 3 year Multi-year environment grants to the initiatives recommended for
funding as identified in table 1 of the report; and
B. Authorise the CEO to enter into three-year Funding Deeds with successful organisations,
as per the recommended funding amount.
Carried unanimously.
Cr Stockwell re-joined the meeting.
Page 4 of 20
Section 5
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Stockwell
The Planning & Environment Committee recommendations dated 11 February 2020 be adopted
except where dealt with or held over by separate resolution.
Carried unanimously.
1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE SERVICE
AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS ROAD, COORAN
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 MCU19/0124 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE - INDUSTRIAL
BUSINESS TYPE 1 WAREHOUSE (SELF STORAGE UNITS) AT 15 JARRAH STREET,
COOROY
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 February 2020 regarding Application No. MCU19/0124 for a
Development Permit for Material Change of Use - Industrial Business - Type 1 Warehouse
(Self Storage Units) situated at 15 Jarrah St, Cooroy and:
A. Approve the application in accordance with the conditions contained in the Planning &
Environment Committee Agenda dated 11 February 2020.
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed development’s height is consistent with the character of the Cooroy
Industry Zone and maintains the maximum height for the area of 10 metres.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3 OVERVIEW OF PLANNING APPEALS
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
4 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL LOCAL LAW
NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION)
2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL GOVERNMENT CONTROLLED
AREAS, FACILITIES AND ROADS) 2015
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
Page 5 of 20
Section 6
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
5 NOOSA BIOSECURITY PLAN 2020 - PUBLIC CONSULTATION OUTCOMES
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 11 February 2020 and;
A. Note the submissions received as summarised in Attachment 1 and thank the submitters
for their input into the Noosa Biosecurity Plan 2020;
B. Adopt the Noosa Biosecurity Plan 2020 as shown in Attachment 2; and
C. Note that subject to Council adoption of the Biosecurity Plan a 2020/21 budget
submission will be made to undertake a data mining and mapping project to help build
knowledge of the extent of invasive species across the shire and assess the
effectiveness of management controls in accordance with the Biosecurity Plan.
6 FLYING-FOX SUBSIDISED SERVICES INITIATIVES
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 11 February 2020 and:
A. Approve the implementation of an ongoing subsidy program for localities affected by
flying-fox colonies, and
B. Delegate to the CEO the authority to apply the subsidy program where the program
meets all of the following criteria;
Support may be offered for those living within 100m of a roost site.
The roost should be at least partly on Council-managed land.
Flying-foxes will have been at a location in significant numbers for at least 6 weeks.
A significant number of the flying-foxes must be Black or Grey-headed Flying-
foxes, rather than Little Red Flying-foxes.
8 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 2ND
QUARTER 2019-20
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 11 February 2020 providing an update
on operations of the Environment and Sustainable Development Department for the period 1
October to 31 December 2019.
9 ENVIRONMENT LEVY PROPOSED
LAND PURCHASE
That Council note the report by the Principal Environment Officer to the Planning and
Environment Committee Meeting dated 11 February 2019 and:
A. Authorise the CEO to commence negotiations with the owner of the two lots detailed in
the report to purchase the land with the Environment Levy; and
B. Submit offers no greater than the valuation price shown in Attachment 1 to the report;
and
C. Remove the confidentiality in relation to this report upon the signing of a contract to
purchase.
Page 6 of 20
Section 7
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
SERVICES & ORGANISATION COMMITTEE MEETING RECOMMENDATIONS
11 FEBRUARY 2020 – Crs Joe Jurisevic (Chair), Tony Wellington & Frank Wilkie
Other Councillors in attendance: Cr Brian Stockwell
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
The Services & Organisation Committee recommendations dated 11 February 2020 be adopted.
Carried unanimously.
1 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
That Council note the report by the Economic Development Manager to the Services &
Organisation Committee Meeting dated 11 February 2020 regarding the commercial lease of
45sqm approximately of space at the Peregian Digital Hub and:
A. Agree to enter a commercial lease of the premises to Fireball International Pty Ltd. for a
three year term, as generally outlined in the report;
B. Agree to an initial rent-free period of 3 months; and
C. Authorise the CEO to award up to three subsequent lease extensions each of 1 year,
subject to the lessee complying with the terms of the lease.
3 HUMAN RIGHTS POLICY AND NEW DELEGATIONS
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 11 February 2020 and:
A. Adopt the Human Rights Policy as outlined in Attachment 1; and
B. Pursuant to section 257 of the Local Government Act 2009 (QLD), agree to delegate the
powers for the Human Rights Act 2019 (QLD) to the Chief Executive Officer as outlined
in Attachment 2.
4 CAPITAL PROGRAM DELIVERY STATUS - JANUARY 2020
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 11 February 2019 providing an update on the status of projects
being delivered throughout the 2019/20 Capital Works Program and note the current 2019/20
year to date capital expenditure of $12.4m, is equivalent to 40% of the $30.8m capital works
budget.
Page 7 of 20
Section 8
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
5 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 11 February 2020 providing an update on operations
of the Infrastructure Services Department for the period 1 October to 31 December 2019.
6 NOOSA HOLIDAY PARKS UPDATE REPORT TO 31 DECEMBER 2019
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 11 February 2020 providing an update on operations
of the Noosa Holiday Parks for the period 1 July 2019 to 31 December 2019.
7 CORPORATE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 11 February 2020 providing an update on operations of the
Corporate Services Department for the period 1 October to 31 December 2019.
8 PEREGIAN DIGITAL HUB - HALF YEARLY REPORT TO 31 DECEMBER 2019
That Council note the report by the Economic Development Manager to the Services and
Organisation Committee Meeting dated 11 February 2020, providing an update on the
activities of the Peregian Digital Hub for the period 1 July 2019 to 31 December 2019.
9 COMMUNITY SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-2020
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 11 February 2020 providing an update on the
operations of the Community Services Department for the period 1 October to 31 December
2019.
10 EXECUTIVE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2019-20
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 11 February 2020 providing an update on operations of the
Executive Services Department for the period 1 October 2019 to 31 December 2019.
11 OPERATIONAL PLAN PROGRESS REPORT - 2ND QUARTER 2019-20
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 February 2020 providing an update on progress with the
implementation of the Operational Plan to 30 September 2019 and details of Council’s Key
Performance Indicators.
Page 8 of 20
Section 9
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
GENERAL COMMITTEE MEETING RECOMMENDATIONS
17 FEBRUARY 2020 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington
1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE SERVICE
AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS ROAD, COORAN
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
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;
4.2 The scale and form of the structure is not integrated into the landform and
landscape contrary to 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;
Page 9 of 20
Section 10
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
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.
Carried unanimously.
3 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL LOCAL LAW
NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION)
2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL GOVERNMENT CONTROLLED
AREAS, FACILITIES AND ROADS) 2015
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wellington
That Council note the report by the Principal Strategic Planner to the Planning and
Environment Committee Meeting dated 11 February 2020 and resolve to:
A. Adopt, pursuant to section 32 of the Local Government Act 2009-
1. in the form contained in Attachment 1 to this report, a consolidated version of
Noosa Shire Council Local Law No. 1 (Administration) 2015; and
2. in the form contained in Attachments 2 and 3 to this report, a consolidated version
of each of Subordinate Local Law No.1 (Administration) 2015 and Subordinate
Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.
B. Adopt the following Fees and Charges 2019-2020 for applications for approval made for
advertising devices under Subordinate Local Law No.1 (Administration) 2015:
1. pylon sign, pole sign, freestanding sign - $150 per sign
2. illuminated sign - $100 per illuminated sign
For: Crs. Stockwell, Wilkie and Wellington
Against: Crs. Jackson, Jurisevic and Glasgow
Carried on the casting vote of the Chair.
5 DBW19/0031 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE
AGAINST THE PLANNING SCHEME - DETACHED HOUSE (COASTAL PROTECTION),
SITUATED AT 102 LORIKEET DRIVE, PEREGIAN BEACH
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Development Planner to the General Committee Meeting
dated 17 February 2020 regarding Application No. DBW19/0031 for a Development Permit for
Building Work - Detached House (Coastal Protection) situated at 102 Lorikeet Drive, Peregian
Beach and:
Page 10 of 20
Section 11
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
A. Approve the application in accordance with the conditions contained in the General
Committee Agenda dated 17 February 2020 with the inclusion of two additional
conditions to read as follows:
27. To protect the vegetation and the coastal dune from damage or degradation during
construction temporary fencing or the like must be installed along the coastal
boundary prior to commencing any building works on site and maintained until
completion of the building.
28. No vehicle parking, access, or storage of construction materials is permitted within
the adjacent foreshore reserve at any time.
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The cantilevered design of the building results in no significant impact to the natural
coastal processes of the dunal system.
2. The reduced setback of the building does not encroach into the area of the 2100
coastal erosion mapping prepared in conjunction with Council’s Draft Coastal
Hazards Adaptation Plan.
3. The proposal includes soft landscaping within the 5 metre setback area including
native planting and turf and a small area of impervious paving up to approximately
5 metres in area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
7 FURTHER REPORT - RAL18/0023 DEVELOPMENT APPLICATION FOR
RECONFIGURATION OF A LOT (1 LOT INTO 23 LOTS) AT 28 EENIE CREEK ROAD,
NOOSAVILLE
Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) as in 2009, prior to his election to the Sunshine Coast Council, he was a
co-respondent with Sunshine Coast Council in an appeal against a refusal to expand the Noosa Civic
shopping centre. Cr Wellington advised that the appeal was for a significantly different development
application than the application currently before Council. Cr Wellington 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.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That Cr Wilkie be appointed as Acting Chairperson of the meeting for this item for the purpose of
considering the conflict of interest declaration.
Carried unanimously.
Crs. Wellington, Jackson and Stockwell did not vote on the above motion.
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) as in 2015, prior to her election to Council and during her time as Honorary
Secretary of the Noosa Parks Association, Cr Jackson was signatory to a submission regarding an
application on the site. Cr Jackson believed that she 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.
Page 11 of 20
Section 12
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) as prior to his election to Council and during his time as President of the
Noosa Shire Residents & Ratepayers Association, Cr Stockwell was signatory to a submission regarding
an application on the site and made public statements regarding 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.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflicts were real conflicts or perceived conflicts and whether Crs.
Wellington, Jackson and Stockwell may participate in the meeting for the debate and vote on this matter
or whether they must leave the meeting for the debate and vote on this matter.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Wellington and resolve that this
represents a perceived conflict of interest in this matter and Cr Wellington may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Crs. Wellington, Jackson and Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Jackson and resolve that this
represents a perceived conflict of interest in this matter and Cr Jackson may remain in the meeting room
to participate in the debate and vote on this matter.
Carried unanimously.
Crs. Wellington, Jackson and Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Crs. Wellington, Jackson and Stockwell did not vote on the above motion.
Cr Wellington resumed the Chair.
Motion (deferred from General Committee Meeting on 17 February 2020)
Moved: Cr Wellington
Seconded: Cr Stockwell
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:
Page 12 of 20
Section 13
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
1. The proposal is contrary to 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 contrary to the State Planning Policy as the proposed development
will adversely impact on koala habitat, with koala populations recognised as being
matters of both national and state environmental significance.
3. The proposal is contrary to the State Planning Policy as the proposed 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 is contrary to the Overall and Specific Outcomes of the
Noosaville Locality Code as:
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 as these
are unable to be implemented.
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. The
proposal also fails to address the future amenity of Lot 21.
iii. The proposal fails to provide for suitable retention of existing vegetation to
allow for future development to be within a park like setting.
iv. The proposal will adversely impact on the site’s environmental values.
5. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal will adversely impact on koala habitat, does not maximise the retention of
existing vegetation, and proposes to prematurely clear significant vegetation
inconsistent with the needs of the community.
6. The proposed subdivision is contrary to 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.
ii. The proposed lot will have a significant adverse impact on the natural
environment and will not retain the sites natural environmental values.
7. The proposed development is contrary to the Natural Hazards Overlay Code as
bushfire mitigation measures do not satisfactorily address the risk of bushfire as
they are not envisaged by the Shire Business Centre Map and are unable to be
implemented.
8. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s 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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
The motion was withdrawn.
Page 13 of 20
Section 14
ORDINARY MEETING MINUTES 20 FEBRUARY 2020
Council Resolution
Moved: Cr Wellington
Seconded: Cr Glasgow
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.
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.
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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.
For: Crs. Jurisevic, Stockwell, Wilkie, Glasgow and Wellington
Against: Cr Jackson
Carried.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stockwell
The General Committee recommendations dated 17 February 2020 be adopted except where dealt
with or held over by separate resolution.
Carried unanimously.
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2 OVERVIEW OF PLANNING APPEALS
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 February 2020 regarding an update on Planning
Appeals and:
A. Request that the Chief Executive Officer write to the Department of State Development,
Infrastructure & Planning requesting:
1. A comprehensive review of the current cost provisions of the Planning &
Environment Court Act 2016 with a view to including the ability for the Planning &
Environment Court to award costs where a development proposal is found to
significantly conflict with the Planning Scheme; and
2. A review of the appointment and selection process of referees to support more
consistent and rigorous Tribunal decisions.
B. Submit a motion to the Local Government of Queensland 2020 conference requesting
LGAQ lobby the Department of State Development, Infrastructure & Planning for a
comprehensive review of the current cost provisions of the Planning & Environment
Court Act 2016 with a view to including the ability for the Planning & Environment Court
to award costs where a development proposal is found to significantly conflict with the
Planning Scheme.
4 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024
That Council note the report by the Coordinator Environmental Health to the Services and
Organisation Committee Meeting dated 11 February 2020, and
A. Adopt the Noosa Community Health and Wellbeing Plan 2019-2024, as provided at
Attachment 1 to the report with the following amendments:
Page 12, add a new Section 7.5 to read:
7.5 Climate Change and its Impact on Human Health and Wellbeing
The World Health Organisation (WHO) maintains that climate change is the
greatest threat to global health in the 21st century (WHO, 2015). Australia’s climate
has already begun to change and current trends indicate that this will accelerate
over the course of this century. A changing climate is expected to affect human
health and wellbeing (including physical and mental health) through direct and
indirect pathways. Climate change can be framed as a risk amplifier; that is many
of the risks associated with climate change are not new, however they are likely to
increase in severity over time. There is no evidence available to indicate that the
risks from climate change to health and wellbeing are not presently significant at a
local scale, however they will increasingly become so as global warming
accelerates.
The Australian Medical Association has expressed strong concerns regarding the
threat to public health and wellbeing from climate change (AMA, 2019). In
particular, the elderly, as well as other vulnerable groups in the community, are
more exposed to direct physical impacts of climate change and may require greater
assistance from their family and social networks, and emergency services in
preparing for and responding to extreme weather events.
The collaboration of many stakeholders will help Noosa’s Health and Wellbeing
sector to be resilient to future climate change impacts. Noosa Council is
developing a Climate Change Adaptation Plan (CCAP), which will contain actions
and key indicators for adapting Noosa community’s health and wellbeing to climate
change risks. The CCAP is expected to be completed in mid-2020. It is proposed
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the Noosa Community Health and Wellbeing Action plan will seek to inform the
CCAP where applicable, and incorporate the relevant actions from the CCAP at
the next annual review of the Action Plan, including development of new initiatives
based on updates to climate change projections if required.
Page 13, Update Immunisation rates as follows:
Noosa Qld Australia
Health Status Immunisation rates (%) (target to
prevent outbreaks of vaccine-
preventable disease is 95%)
1-year-old 88* 94* 94*
2-year-old 86* 92* 91*
5-year-old 91* 95* 95*
*Data Source for Immunisation rates for Queensland and Australia :
https://www.health.gov.au/health-topics/immunisation/childhood-immunisation-
coverage/immunisation-coverage-rates-for-all-children#state-and-territory-coverage-rates
B. Approve the proposed Noosa Community Health and Wellbeing Plan 2019-2024 Action
Plan, subject to consideration of any resourcing requirements being determined as part
of the 2020/21 annual budget process.
6 FINANCIAL PERFORMANCE REPORT - JANUARY 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 February 2020 outlining January 2020 year to date financial performance
against budget, including key financial sustainability indicators.
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Section 18
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9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1 BRIAN O’CONNOR
Question 1:
Based upon the annual visitation to the Tweed Regional Galley in NSW, the Mayor's plan
for an iconic gallery for Noosa is likely to attract 70,000 to 80,000 visitors a year, making
its location a crucial factor in contributing to its status as well as traffic congestion and
other practical matters, so I ask whether Noosa Council is giving thought to following
Tweed Shire’s lead in locating its very successful regional gallery at a stand-alone
hinterland site easily accessible from Highway No.1 and can the Council provide an
update as to the feasibility study now underway into siting, planning, design, budget,
construction timing and other pertinent matters associated with a new Noosa Regional
Gallery in support of a vibrant Noosa arts and cultural scene?
Response by Kerri Contini, Director Community Services:
Noosa Regional Gallery, which opened in 1989, is one of the oldest public galleries in
Queensland. While it has served the community well in the past, a number of internal
and external reviews have identified the current constraints of the existing facility and
suggested an extension of the existing Gallery or the construction of a new Regional
Gallery. The 2019 – 2023 Noosa Cultural Plan identified Noosa Regional Gallery as a
priority focus area to explore the feasibility of a new signature Regional Gallery which
better reflects contemporary audience expectations, spearheads cultural momentum,
exploits cultural tourism opportunities and improves participation outcomes.
In 2019 Council commenced the formal assessment of a potential major Gallery
infrastructure project following the Queensland Government’s Project Assessment
Framework. The audit of the existing Gallery to identify its strengths and gaps has been
completed and we are now procuring an external consultant to undertake the next stage
of this pre-feasibility work. This study will provide sufficient detail to enable Council to
determine whether the investigation should proceed to a full feasibility study regarding
the development of a new gallery. A location for a potential new gallery has yet to be
determined and the pre-feasibility study will consider the risks and opportunities of
possible sites. Considered sites may include maintaining a presence on the Noosa
River, relocation to a Noosa hinterland site or relocating to one of Noosa’s business
districts.
The pre-feasibility study is due for completion by October 2020
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Question 2:
Whereas one of the objectives of the Noosa Cultural Strategy is to “Explore the potential
of creating a Hinterland Heritage Brand, particularly focussing on Pomona and Cooroy”
- a task which the Deputy Mayor Cr Frank Wilkie describes as “bringing together all the
elements of heritage in the two towns in a coordinated way to provide resources for the
community, such as websites etc.’’ - can the Council explain what’s happening to meet
this outcome?
Response by Kerri Contini, Director Community Services:
The Noosa Cultural Plan is a key Council planning document that recognises the value
of arts, culture and heritage to the Noosa community, and to Council itself. It outlines a
range of goals and actions to be delivered across a five year period to secure a healthy
future for the local cultural sector. The Cultural Plan is supported by an annual Action
Plan which ensures progressive implementation of the Cultural Plan. The Action Plan for
2019/20 has focussed on the priority focus areas identified in the Cultural Plan. In relation
to the History and Heritage theme this has included the following completed actions –
creating a new Heritage Coordination role within Council, streamlining Council processes
in relation to heritage matters, working with Noosa’s Kabi Kabi peoples to document and
share their heritage, undertaking oral histories of key local residents and fast-tracking
the digitisation of heritage materials.
The History and Heritage theme contains the Action “Exploring the potential of creating
a Hinterland Heritage Brand”. Council heritage staff are in regular consultation with
hinterland heritage organisations and are supporting their priority actions from the plan.
It is anticipated that work to consider a possible hinterland heritage brand will commence
in the 2021/22 action plan.
2 AMELIA LORENTSON
Question 1:
In regards to the New Noosa Plan which is still waiting for approval from the State
Planning Minister, why didn’t Council meet the initial deadline of 40 days?
Response by Kim Rawlings, Director Environment & Sustainable Development:
As part of the process for making a Planning Scheme, the State Planning Department
sets out a process for each step and associated timeframes. At each step of the process
the State Planning Department can issue what is called a pause notice which essentially
pauses the timeframe for them. They have done this when they have sought further
information from Council or wish to work with Council at a detail level. Just prior to
Christmas the Department issued a pause notice on the 40 day timeframe that the
Minister has for consideration of endorsement of our Scheme.
Department officers were seeking further information and wanted to meet with Council
officers to work through the final scheme and all the associated documentation provided
to the State. Given that it was just pre-Christmas I would suggest the Department issued
the pause notice to accommodate that loss of a couple of weeks over the Christmas
period so as to meet with Council officers early in the New Year.
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Question 2:
In regard to the Cooran-Pomona pathway, why has Council noted that it might
recommend a downgrading of the path’s B priority status within the State’s Principal
Bicycle Network, when it has not considered this project within the pathway study and
therefore, lacks and informed basis to which to pre-judge the Cooran-Pomona path’s
status within an overall Shire-wide Cycling and Connectivity Study?
Response by Carl Billingham, Director Infrastructure Services:
Unfortunately, your question appears to be based on a misunderstanding. A letter from
our Infrastructure Planning, Design and Delivery Manager to Cooran Earth Rights dated
31 October 2019 noted that the priority status of the Cooran-Pomona route could change
based on the findings of the Shire Wide Walking & Cycling Strategy, however, it did not
preempt the Strategy by making any recommendations regarding a change in the priority
status of the path.
Noosa Council has not and will not be making any recommendations to the Department
of Transport and Main Roads in relation to revising the prioritisation of the Cooran-
Pomona link until after the completion of the Shire Wide Walking & Cycling
Strategy. Work on Noosa’s Shire Wide Walking & Cycling Strategy is currently underway
and is due for completion by the end of the year. This work involves reassessing existing
and potential new pathways across the Shire and prioritising these linkages for Council’s
future capital works programs.
12 NEXT MEETING
The next Ordinary Meeting will be held on 19 March 2020 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 6pm.
13 MEETING CLOSURE
The meeting closed at 7.17pm.
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