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2021-09-16 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 16 September 2021
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE REPORTS 4
1 AUDIT & RISK COMMITTEE MEETING REPORT – 27 AUGUST 2021 4
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 7 SEPTEMBER
2021 6
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 7 SEPTEMBER
2021 10
4 GENERAL COMMITTEE MEETING REPORT – 16 SEPTEMBER 2021 12
9 ORDINARY MEETING REPORTS 22
10 CLOSED SESSION 22
11 PUBLIC QUESTION TIME 22
12 NEXT MEETING 22
13 MEETING CLOSURE 22
Page 2 of 22
Section 3
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 19 August 2021 be received and confirmed.
The Minutes of the Special Meeting held on 30 August 2021 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 22
Section 4
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 AUDIT & RISK COMMITTEE MEETING REPORT – 27 AUGUST 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Tim Cronin (Chair)
Kerry Phillips
Cr Amelia Lorentson (for items 1-10)
Cr Clare Stewart
EXECUTIVE
Brett de Chastel, Chief Executive Officer
Michael Shave, Director Corporate Services (for items 1-7)
Debra Iezzi, Director Executive Services
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Queensland Audit Office Briefing Note provided by the Queensland Audit
Office (QAO) to the Audit & Risk Committee meeting dated 27 August 2021.
2 QUEENSLAND AUDIT OFFICE INTERIM MANAGEMENT REPORT
That Council note the Queensland Audit Office Interim Management Report provided by the
Queensland Audit Office (QAO) to the Audit & Risk Committee meeting dated 27 August 2021.
3 INTERNAL AUDIT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 27 August 2021 providing an update on internal audit matters and approve the updated
Internal Audit Plan 2020 – 2025 provided as Attachment 2 to the report.
4 2020/21 DRAFT FINANCIAL STATEMENTS AND END OF FINANCIAL YEAR UPDATE
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
Meeting dated 27 August 2021 regarding the presentation of the draft financial statements for
the period ending 30 June 2021.
5 GOVERNANCE REVIEW UPDATE
That Council note the report by the Director, Executive Services to the Audit & Risk Committee
Meeting dated 27 August 2021 providing an update on the review of the governance model
and framework.
Page 4 of 22
Section 5
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
6 RISK MANAGEMENT, INSURANCE & CORRUPTION UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 27 August 2021 providing an update on risk management matters.
7 STRATEGIC RISK DEEP DIVE – TRANSPORT STRATEGY
The Audit & Risk Committee noted the presentation by the Project Manager - Special Projects,
Adam Britton providing an overview of Council’s Transport Strategy
8 CEO UPDATE
The Audit & Risk Committee noted the presentation by the Chief Executive Officer providing
an update on Council’s operations.
9 ANNUAL ROLLING WORK PLAN AND STANDING AGENDA ITEMS
The Audit & Risk Committee approved the 2021 proposed annual rolling work plan and
standing agenda items listing provided in the agenda.
Committee Recommendation
That the report of the Audit & Risk Committee dated 27 August 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 5 of 22
Section 6
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 7 SEPTEMBER 2021
ATTENDANCE & APOLOGIES
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Lorentson (non-Committee Councillor – for reports 1-9)
Cr Wilkie (non-Committee Councillor – for reports 2-10)
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 DBW21/0112 – APPLICATION FOR BUILDING WORKS ASSESSABLE AGAINST THE
PLANNING SCHEME - WORKS WITHIN 4.5M OF REVETMENT WALL (GLASS POOL
FENCE) AT 12 TOPSAILS PLACE, NOOSAVILLE
That Council note the report by the Assistant Development Planner to the Planning &
Environment Committee Meeting dated 7 September 2021 regarding Application No.
DBW21/0112 for a Development Permit for Building Works - Works within 4.5m of revetment
wall situated at 12 Topsails Pl Noosaville and:
A. Approve the application in accordance with the following conditions:
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.
Plan Rev. Plan/Document Name Date
No.
1 A Site Plan, prepared by Mandy’s Design & Drafting 19 May 2021
2 A Floor Plan, prepared by Mandy’s Design & Drafting 19 May 2021
3 A Elevations, prepared by Mandy’s Design & Drafting 19 May 2021
01 . Concrete Footing Layout, prepared by AAA Design & 09/06/2021
Development Pty Ltd
Building
2. The proposed works must be maintained in a sound state of repair in accordance
with the approved plans.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
2 MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT APPROVAL
FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES
AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) TO
Page 6 of 22
Section 7
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
INCLUDE SHORT TERM ACCOMMODATION AT 30 & 32 THE COCKLESHELL,
NOOSAVILLE
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for further consideration.
3 MCU21/0087 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 51 TINGIRA CRESCENT, SUNRISE BEACH
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
for further consideration.
4 131999.983057.01 - PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF P&E
COURT ORDER (3226/2000) FOR DEVELOPMENT PERMIT FOR A MATERIAL CHANGE
OF USE FOR MULTIPLE DWELLNGS (4 UNITS) AT 269 GYMPIE TERRACE,
NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding Application No. 131999.983057.1 for
a Pre-request Response Notice to Change a Development Approval for Multiple Dwelling Units
situated at 269 Gympie Terrace Noosaville and advise the applicant that Council would support
an application for a minor change to the development approval where conditions 31 and 41
are amended generally as follows:
31. Development undertaken in accordance with this approval must generally comply with
the approved plans of development and Figures 1 and 2 and as amended by Condition
41. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C
prepared by Greg Gibbs Architects and dated November 1999. The material to be used
for the construction of all balcony rails shall be of transparent or open materials, but not
vertical rails and to the satisfaction of the Manager Development Assessment.
41. The area of outdoor dining must not exceed a total of 15.5m2. The outdoor dining area
may be covered by a shade sail of 32.9m2 and setback a minimum of 4.6m from Gympie
Terrace and 3m from James Street as shown on the approved plans of development.
The shade structure must not exceed 3m in height and must not be fitted with roll down
plastic or similar weatherproof walls. The shade structure must be in muted tones and
must not be white.
5 MCU21/0109 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
OFFICE AT 4/216 DAVID LOW WAY, PEREGIAN BEACH
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding Application No. MCU21/0109 for a
Development Permit for Material Change of Use - Office situated at 4/216 David Low Way
Peregian Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Page 7 of 22
Section 8
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
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
4/216 Areas - Floor Plan, prepared by the applicant -
Currency Period
3. This development approval lapses if the use has not happened by 16 September
2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. This development approval is for 70m2 of Office use area.
Car Parking
3. The applicant must comply with the requirements of any infrastructure agreement
entered into with the Council with respect to the payment of car parking
contributions in relation to the proposed development. In the event that the above
does not apply a minimum of 3 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.
B. Enter into an Infrastructure Agreement with the applicant that provides for contributions
in lieu of 3 on-site car parking spaces.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
6 MCU20/0155 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN
KIN
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
for further consideration.
7 MCU20/0149 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION 29 FERGUSON STREET,
SUNSHINE BEACH
That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
for further consideration.
8 MCU17/0002.02 & OPW17/0035.02 - APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –SHORT TERM
ACCOMMODATION & OPERATIONAL WORKS AT 14 ANN ST NOOSAVILLE
That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
for further consideration.
9 SPS21/0288 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME – MATERIAL
CHANGE OF USE FOR COMMUNITY USE – WELLBEING TYPE 2 SOCIAL & ANCILLARY
Page 8 of 22
Section 9
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
DWELLING UNIT (CARETAKERS RESIDENCE) AT 7 WOODLAND DRIVE, PEREGIAN
BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 September 2021 regarding a Request for
Superseded Planning Scheme – Material Change of Use (Wellbeing Type 2 social and
Ancillary Dwelling Unit) at 7 Woodland Drive, Peregian Beach and refuse the Request to apply
the Superseded Planning Scheme for the following reason:
1. The introduction of the Noosa Plan 2020 has not resulted in an adverse planning change
to the property pursuant to the Planning Act 2016.
10 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2021
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I have a
close personal relationship with Anthony Francis Bell and Kelly Nicole Bell listed in the report at Item
93, Application No. SPS21/0112; and Robyn A Yates listed in the report at Item 127, Application ID
SPS21/0150. Although I have a declarable conflict of Interest I do not believe a reasonable person could
have a perception of bias because I believe Council’s consideration of these applications are not to
approve or reject them, they are only for noting that a decision has already been made by staff.
Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
meeting on whether I can remain in and participate in the decision.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due to my
association with Andrew St Baker, listed in the report at Item 111, Application No. SPS21/0134. I am a
surfboard manufacturer and Mr St Baker is an owner of Thomas Surfboards and the Thomas Factory.
I believe Mr. St Baker has had a fantastic influence on manufacturing in Noosa. In Council I have often
congratulated the Thomas Factory and I have discussed the emerging Enterprise Business Zones which
Mr. St Baker supports. During the Campaign Mr. St Baker allowed me to put an election core flute at the
Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had two discussions
of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at his house, which
is right above the surf break. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I believe I do not have a close personal
relationship with Mr St Baker and Council’s consideration of this application is not to approve or reject
it, only for noting that a decision has already been made by staff. Therefore, I will choose to remain in
the meeting room. However, I will respect the decision of the meeting on whether I can remain in and
participate in the decision.
That Council note the report by the Development Assessment Manger to the Planning &
Environment Committee Meeting dated 7 September 2021 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 7 September 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 9 of 22
Section 10
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 7 SEPTEMBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Tom Wegener (non-Committee Councillor - for reports 1-2)
Cr Karen Finzel (non-Committee Councillor)
Cr Brian Stockwell (non-Committee Councillor – for reports 1-3)
EXECUTIVE
B de Chastel, Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Contini, Director Community Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 GO NOOSA PEAK PERIOD TRAFFIC MANAGEMENT – CHRISTMAS 2021/22 & EASTER
2022
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 CHANGE IN USE & TENURE - PART OF LOT 69 RP41223 AND PART OF LOT 2 RP839623
That Council note the report by the Community Development Officer to the Services &
Organisation Committee Meeting dated 07 September 2021 and:
A. Enter into Freehold Permit (3 years) with Noosa Community Garden Inc. over part of Lot
2 P839623 vacant open space at Wallace Park for the purpose of relocation of the Noosa
Community Garden from Earl Street, Tewantin;
B. Enter into Freehold Lease (3 years) with YouTurn Ltd over Lot 69 RP41223 for the
purpose of siting two (2) prefabricated, relocatable Tiny Homes to be managed as
supported short-term transitional accommodation for young, vulnerable people;
C. Authorise the Chief Executive Officer to enter into tenure renewal negotiations with
community organisations in accordance with the Community Purpose Land and
Infrastructure Tenure Policy; and
D. Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii) of the
Local Government Regulation 2012 for disposal of a non-current asset other than by
tender or auction if the valuable non-current asset is disposed of to a community
organisation.
Page 10 of 22
Section 11
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
3 PROPOSED NEW LEASE – SHOP 8 SUNRISE NEIGHBOURHOOD SHOPPING CENTRE
That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
for further consideration.
4 NOOSA AQUATIC CENTRE (NAC) – FULL YEAR REPORT TO 30 JUNE 2021
That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
Organisation Committee meeting dated 7 September 2021, providing an end of year update
on the activities of the Noosa Aquatic Centre for the 2020/21 financial year.
5 NOOSA COMMUNITY SUPPORT (NCS) – FULL YEAR REPORT TO 30 JUNE 2021
That Council note the report by the Noosa Community Support Coordinator to the Services &
Organisation Committee meeting dated 7 September 2021, providing an update on the
activities of Noosa Community Support for the 2020/21 financial year.
6 NOOSA LEISURE CENTRE (NLC) – FULL YEAR REPORT TO 30 JUNE 2021
That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
Organisation Committee meeting dated 7 September 2021, providing an update on the
activities of the Noosa Leisure Centre for the 2020/21 financial year.
7 THE J – FULL YEAR REPORT TO 30 JUNE 2021
That Council note the report by The J & Bicentennial Community Centre Coordinator to the
Services & Organisation Committee meeting dated 7 September 2021, providing an update on
the activities of The J for the 2020/21 financial year.
8 BICENTENNIAL COMMUNITY CENTRE (BCC) – FULL YEAR REPORT TO 30 JUNE 2021
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a prescribed conflict of interest in this matter as I am the
Secretary of the Noosa Gymnastics Club which is the principal tenant of the Noosa Bicentennial Centre.
As a result of my conflict of interest, I will now leave the meeting room while the matter is considered
and voted on.
That Council note the report by The J & Bicentennial Community Centre Coordinator to the
Services & Organisation Committee meeting dated 7 September 2021, providing an update on
the activities of the Bicentennial Community Centre for the 2020/21 financial year.
Committee Recommendation
That the report of the Services & Organisation Committee dated 7 September 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 11 of 22
Section 12
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
4 GENERAL COMMITTEE MEETING REPORT – 16 SEPTEMBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development
APOLOGIES
Cr Joe Jurisevic
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT APPROVAL
FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES
AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) TO
INCLUDE SHORT TERM ACCOMMODATION AT 30 & 32 THE COCKLESHELL,
NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding Application No. MCU17/0563.02 &
OPW17/0597.02 for an Other Change to a Development Approval for a Material Change of
Use for 2 x Multiple Housing - Type 2 Duplex and Operational Works (Access, Stormwater,
and landscaping) to include Short-term accommodation situated at 30 & 32 The Cockleshell
Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
further erode the permanent housing in the area, impacting permanent resident
amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
and (h) of the Medium Density Residential Zone Code as:
a. The proposal is located in an area that it is not predominantly home to
permanent residents, with many properties being used for visitor
accommodation and/or properties permitted under historical development
approvals for visitor accommodation.
b. The proposal seeks to establish a new short-term visitor accommodation
facility within 2 recently approved dual occupancies and is not located within
a well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t)
and Performance Outcome PO21 of the Noosaville Local Plan Code as:
Page 12 of 22
Section 13
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does
not seek to increase the extent of visitor accommodation within the area to
the detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and
integrated with permanent residents in the area given the number and
density of properties currently being used for visitor accommodation and/or
permitted for visitor accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity
enjoyed by residents.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
2 MCU21/0087 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 51 TINGIRA CRESCENT, SUNRISE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding Application No. MCU21/0087 for a
Development Permit for Material Change of Use at 51 Tingira Crescent, Sunrise Beach, and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. The approved use must not commence until a building approval has been obtained
for all works carried out to the dwelling and for any additional outbuildings.
2. 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
3. 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
BC07 - Ground Floor Plan, prepared by White Designs 09/03/2010
BC07 - First Floor Plan, prepared by White Designs 09/03/2010
Currency
4. This development approval lapses if the use has not happened by 16 September
2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
5. The total number of bedrooms on the site must not exceed 4.
6. No more than 8 guests may occupy the premises at any time.
Page 13 of 22
Section 14
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
7. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
8. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
9. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
11. 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.
Waste Management
12. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the container.
Contact Person
14. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use
of the premises for short stay letting and visitor queries.
15. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible for
the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Page 14 of 22
Section 15
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
Code of Conduct
16. A code of conduct must be developed and provided to all users and occupants of
the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers
4 to 7 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
20. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
21. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
Page 15 of 22
Section 16
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of
the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
22. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 19; and
b. the register referred to in condition 21
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in the High and Medium Density Residential Zone.
2. The proposed short term accommodation is identified as a consistent use in the
Medium Density Residential Zone by the Noosa Plan 2020.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3 MCU20/0155 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN
KIN
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding representations made in relation to
Application No. MCU20/0155 for a Development Permit for Material Change of Use - Short-
term accommodation situated at 75 Williams Rd, Kin Kin and agree to delete condition 23.
4 MCU20/0149 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION 29 FERGUSON STREET,
SUNSHINE BEACH
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 September 2021 regarding representations made in relation to
Application No. MCU20/0149 for a Development Permit for Material Change of Use - Short-
term accommodation situated at 29 Ferguson St Sunshine Beach and:
A. Refuse to delete condition 3 for the following reasons:
1. The proposed maximum 2 metre variation to the front setback is not consistent with
PO12 and PO14 of the Medium Density Residential Zone Code as:
a. It is not consistent with the predominant character of the surrounding area.
b. It has a form and architectural scale that dominates the streetscape.
B. Agree to amend condition 3 to read as follows:
3. The building must be setback a minimum of 6m from the front boundary to
Ferguson Street except for the roofed which may be setback 4m or the same as
the roof of the existing building as validated by survey by a registered surveyor,
whichever is the greater. A copy of the survey plan identifying the setback of the
existing building roof must be provided to Council prior to commencing
construction. terrace which may be setback 5 metres from the front boundary.
Page 16 of 22
Section 17
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D. That Council support this relaxation of front setback based on the following grounds:
a. The setback will be no worse than that which currently exists.
b. The design is consistent with Strategic Outcome 3.3.1 (f) in that the “Development
is designed to suit the subtropical climate; to incorporating materials that are
recycled or have low levels of embodied energy; and to be energy, water and waste
efficient.”
c. The proposal is not inconsistent with the built form and character of the street that
features a range of built form within the front 6m setback.
5 MCU17/0002.02 & OPW17/0035.02 - APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –SHORT TERM
ACCOMMODATION & OPERATIONAL WORKS AT 14 ANN ST NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 September 2020 regarding Application No. MCU17/0002.02 &
OPW17/0035.02 for an Other Change to a Development Approval for Material Change of Use
- Short-term accommodation, situated at 14 Ann Street, Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
further erode the permanent housing in the area, impacting permanent resident
amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
and (h) of the Medium Density Residential Zone Code as:
a. The proposal is located in medium density residential neighbourhood that is
predominately used for short term accommodation uses. The introduction of
additional short term accommodation within a duplex is not consistent with
the purpose of the zone.
b. The proposal seeks to establish a new short-term visitor accommodation
facility within a recently approved dual occupancy and is not located within a
well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t)
and Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does
not seek to increase the extent of visitor accommodation within the area to
the detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and
integrated with permanent residents in the area given the number and
density of properties currently being used for visitor accommodation and/or
permitted for visitor accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity
enjoyed by residents.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 17 of 22
Section 18
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
6 GO NOOSA PEAK PERIOD TRAFFIC MANAGEMENT – CHRISTMAS 2021/22 & EASTER
2022
That Council note the report by the Project Officer – Transport Innovation to the Services &
Organisation Committee Meeting dated 7 September 2021, and:
A. Subject to TransLink agreement, approve the use of free travel on the temporary 065 Go
Noosa Loop bus from 11 December 2021 - 23 January 2022 and 2 - 18 April 2022.
B. Subject to TransLink agreement, approve the use of free travel on the temporary 064
Peregian Beach to Noosa Heads bus from 11 December 2021 - 23 January 2022 and 2
- 18 April 2022.
C. Subject to TransLink agreement, approve the use of free travel on TransLink routes 626,
627, 628, 629 and 632 from 11 December 2021 - 23 January 2022 and 2 - 18 April 2022.
D. Delegate authority for the CEO to cancel, stand down and recommence free bus services
based on the professional advice from Council’s COVID Safety Team and seeking the
input from Noosa Chamber of Commerce, Tourism Noosa, the Transport Strategy
Steering Group and Hinterland Business Representatives including advice and
information from the Queensland Government recommended COVID Safe Public
Transport Plan as to suggested best practice and policy guidelines as their primary
Terms of Reference.
E. Approve the continued promotion of alternative transport options including the Noosa
Ferry, e-scooter, e-bike and bike providers in Go Noosa marketing as an good alternative
modes of travel.
F. Approve the use of the Noosa AFL ground, The J car park and Noosa Junction Transit
Centre as Park & Ride locations.
G. Approve the use of Variable Message Signs (VMS) at strategic locations from 11
December 2021 - 23 January 2022 and 2 - 18 April 2022 for the purpose of informing
motorists of car parking availability and alternative travel options to the Hastings Street
precinct.
H. Approve the use of traffic control in the Hastings Street precinct and surrounding areas
to manage pedestrian, bus and vehicle movements from 11 December 2021 - 23 January
2022 and 2 - 18 April 2022.
I. Approve the use of wayfinding signage in the Hastings Street precinct, Noosa Junction
and Noosaville from 11 December 2021 - 23 January 2022 and 2 - 18 April 2022 for the
purpose of informing motorists of car parking availability and alternative travel options to
the Hastings Street precinct.
J. Approve the temporary conversion of 4 parallel car parks on the southern side of
Hastings Street from the Hastings Street roundabout to 36 Hastings Street for other uses
including, bicycle and scooter parking, and increased footpath, from 11 December 2021
- 23 January 2022 and 2 - 18 April 2022.
K. That the concept of a one way “Local Loop” from Noosa Drive to Noosa Parade be
referred to a councillor workshop to encourage bus usage and frequency.
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Section 19
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
7 PROPOSED NEW LEASE – SHOP 8 SUNRISE NEIGHBOURHOOD SHOPPING CENTRE
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 7 September 2021 regarding the lease of Shop 8,
Sunrise Neighbourhood Shopping Centre and:
A. Agree to enter a commercial lease of the premises to Tro Management Australia Pty Ltd,
for a ten (10) year term, as generally outlined in the report;
B. Agree to an initial rent-free period of 12 months;
C. Authorise the CEO to award up to 5 subsequent lease extensions each of 3 years,
subject to the lessee complying with the terms of the lease, and
D. Note that capital investment of up to $700,000 will be required to be considered in budget
review 2 or 3 to fund the expansion works required once a lease is finalised.
E. Request the Chief Executive Officer to look at potential options (both short and long term)
for the ongoing future enhancement of the shopping centre site to improve its commercial
return and its role in the Sunrise Beach area.
8 SPS21/0290 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE, TYPE 2 MEDICAL AND RETAIL BUSINESS
TYPE 4 - SHOWROOM AT 28 EENIE CREEK ROAD, NOOSAVILLE (LOT 2)
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 13 September 2021 regarding Application No. SPS21/0290 for a Request for
Superseded Planning Scheme - Commercial Business Type 1 Office, Type 2 Medical and
Retail Business Type 4 - Showroom at 28 Eenie Creek Road, Noosaville and refuse the
Request to apply the Superseded Planning Scheme for the following reasons:
1. The introduction of the Noosa Plan 2020 has not resulted in an adverse planning
change to the property pursuant to the Planning Act 2016.
2. An application for the proposed development under the Superseded Planning Scheme
is unlikely to be supported by Council given it conflicts with the outcomes sought for
the site.
9 SPS21/0291 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME –
COMMERCIAL BUSINESS TYPE 1 OFFICE AND TYPE 2 MEDICAL AT 28 EENIE CREEK
ROAD, NOOSAVILLE (LOT 22)
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 13 September 2021 regarding Application No SPS21/0291 for a Request for
Superseded Planning Scheme - Commercial Business Type 1 Office and Commercial
Business Type 2 Medical at 28 Eenie Creek Road, Noosaville and agree to accept the
application under the Superseded Planning Scheme.
Page 19 of 22
Section 20
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
10 MCU21/0013 & OPW21/0031 - APPLICATION FOR MATERIAL CHANGE OF USE –
MULTIPLE DWELLING UNITS X 19, FOOD AND DRINK OUTLET, INDOOR SPORT AND
RECREATION, HEALTH CARE SERVICE, OFFICE AND OPERATIONAL WORKS FOR
STORMWATER MANAGEMENT, ACCESS, PARKING, EARTHWORKS AND FRONTAGE
WORKS AT 30-32 DOONELLA ST, TEWANTIN
That Council note the report by the Development Planner to the General Committee Meeting
dated 13 September 2021 regarding Application No. MCU21/0013 & OPW21/0031 for a
Material Change of Use - Multiple dwelling units (Small Dwelling units x 19), Food and Drink
outlet, Indoor Sport and Recreation, Health Care Service, Office and Operational Works for
Stormwater Management, Access, Parking, Earth Works & Frontage works, situated at 30 and
32 Doonella St, Tewantin and defer the matter to the next Council meeting, subject to the
applicant extending the decision period, to allow further negotiations on the Deed of
Agreement.
A. Refuse the application for the following reasons:
1. The proposal does not comply with Overall Outcomes 7.2.3.2 (2) (e), (h) & (j) and
PO8, PO9, PO11 of the Tewantin Local Plan Code as:
1.1 The proposal is predominantly residential dwelling units and will therefore
erode the availability of centre zoned land for commercial activities and the
ability to provide employment into the future.
1.2 The proposal does not provide sufficient business opportunities consistent
with that required for the Tewantin town centre.
1.3 The proposal includes retail activities fronting Doonella Street.
2. The proposal does not comply with Overall Outcome 6.4.2.2 (2) (a), (d), (e) & (m)
and PO1, PO2, PO39 of the District Centre Zone Code as:
2.1 The proposal provides limited potential to provide services and employment
consistent with the District Centre’s role and function.
2.2 The development does not provide sufficient commercial floor area to
contribute positively to the economic activity and vibrancy required of a
centre zone.
2.3 The development is primarily residential and does not satisfactorily support
the predominant business function of the centre.
2.4 The proposed Food and Drink Outlet has the potential to adversely impact
on the amenity of the surrounding residential uses.
3. The proposed development is not consistent with the proposed planning scheme
amendments to provide for social housing and therefore does not offer any
significant community benefit that would warrant approval of the development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
11 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – ANNUAL REPORT
NO. 2
That Council note the report by the Environmental Services Manager to the General Committee
Meeting dated 13 September 2021 and approve the Noosa River Oyster Project: Annual
Report No. 2 (provided as Attachment 1 to the report) as meeting the requirements of the
Alliance & Funding Agreement.
Page 20 of 22
Section 21
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
12 FINANCIAL PERFORMANCE REPORT – AUGUST 2021
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 September 2021 outlining August 2021 year to date financial performance
against budget, including changes to the financial performance report with the inclusion of key
financial sustainability indicators.
13 JOINING THE COUNCIL OF MAYORS (SEQ)
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 13 September 2021 and
A. Agree to make application to the Council of Mayors (SEQ) for membership of that
Regional Organisation of Councils;
B. Note that the annual subscription will be advised by the Council of Mayors (SEQ) if our
application for membership is successful and that funding for the annual subscription
would be referred to Budget Review 2 for consideration.
14 YUROL RINGTAIL CONSERVATION PROJECT – GREENFLEET AND KABI KABI
INCLUSION
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 13 September 2021 regarding the Yurol Ringtail Conservation Project and
A. Note that the Yurol Ringtail Conservation Project is well ahead of schedule;
B. Note that the negotiations with the State Government, Greenfleet, Kabi Kabi and other
project partners to bring on new project partners have been successfully completed;
C. Authorise the CEO to finalise and sign variations to the existing agreements to give effect
to the changes as set out in Part 4 the report by the CEO; and
D. Accept the offer by the outgoing CEO to continue to act as Chairperson on the Transition
Committee on a volunteer basis.
Committee Recommendation
That the report of the General Committee dated 13 September 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 21 of 22
Section 22
ORDINARY MEETING AGENDA 16 SEPTEMBER 2021
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 21 October 2021 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
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