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2021-10-18 General Committee Meeting Minutes

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                       MINUTES


             General
         Committee Meeting


             Monday, 18 October 2021

                                10am
         Council Chambers, 9 Pelican Street, Tewantin



Committee:   Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
             Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener



                    “Noosa Shire – different by nature”
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Section 2

GENERAL COMMITTEE MEETING MINUTES                                      18 OCTOBER 2021



1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Cr Frank Wilkie (Chair)
    Cr Karen Finzel
    Cr Joe Jurisevic
    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
    L Sengstock, Director Infrastructure Services
    T Grauf, Acting Director Corporate Services

    APOLOGIES
    Nil



    The meeting commenced at 10.01am.




2   CONFIRMATION OF MINUTES

    Committee Resolution
    Moved:          Cr Finzel
    Seconded:       Cr Stockwell
    The Minutes of the General Committee Meeting held on 13 September 2021 be received and
    confirmed.
                                                                    Carried unanimously.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                             Page 2 of 29

Section 3

GENERAL COMMITTEE MEETING MINUTES                                                       18 OCTOBER 2021




5   ITEMS REFERRED FROM COMMITTEES

    PLANNING & ENVIRONMENT COMMITTEE

    1     CLIMATE CHANGE RESPONSE PLAN COMMUNITY REFERENCE GROUP –
          EXPRESSION OF INTEREST OUTCOME
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
    brother, Gabriel Cerasani is a member of the executive committee of the Eastern Beaches Protection
    Association Inc. During my election campaign my brother helped me with my campaign, handed out
    voting cards and two of my election signs were outside his property on David Low Way. The Eastern
    Beaches Protection Association have nominated a representative to be a member of the Climate
    Change Response Plan Community Reference Group. I believe I can consider this matter impartially
    and in the public interest. Therefore, I will choose to remain in the meeting room. However, I will respect
    the decision of the meeting on whether I can remain and participate in the decision without voting
    regarding this matter.

    In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
    2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection Association
    donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a
    group known as 'Future Noosa' (which is no longer an entity). The Eastern Beaches Protection
    Association have nominated a representative to be a member of the Climate Change Response Plan
    Community Reference Group. Although I have a declarable conflict of interest, I do not believe a
    reasonable person could have a perception of bias because I believe that I do not have a close personal
    relationship with Mr Butt and I believe I can consider this matter impartially and in the public interest.
    Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
    meeting on whether I can remain and participate in the decision.

    Motion
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
    interest that Cr Lorentson remain in the meeting room for this item, on the condition that she does not
    participate in the debate nor vote on issues regarding the Eastern Beaches Protection Association
    because Council believes that Cr Lorentson could provide valuable input into the discussion on such a
    significant Shire-wide matter, and therefore a reasonable person would trust that the final decision is
    made in the public interest.
    For:           Crs Stockwell, Jurisevic
    Against:       Crs Wilkie, Stewart, Wegener
                                                                                                          Lost.
    Crs Lorentson and Finzel did not vote on the above motion.

    Committee Resolution
    Moved:        Cr Stewart
    Seconded:     Cr Wilkie
    That it is in the public interest that Cr Lorentson participates and votes on this matter because Council
    believes that Cr Lorentson can make a fair and impartial decision and therefore a reasonable person
    would trust that the final decision is made in the public interest.
    For:           Crs Stockwell, Jurisevic
    Against:       Crs Wilkie, Stewart, Wegener


                                                                                                Page 3 of 29

Section 4

GENERAL COMMITTEE MEETING MINUTES                                                     18 OCTOBER 2021


                                                                                                    Carried.
    Crs Lorentson and Finzel did not vote on the above motion.
    Committee Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Wilkie
    That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public
    interest that Cr Finzel participates and votes on this matter because Council believes that Cr Finzel can
    make a fair and impartial decision and therefore a reasonable person would trust that the final decision
    is made in the public interest.
    For:          Crs Stewart, Wegener, Wilkie
    Against:      Crs Stockwell, Jurisevic
                                                                                                    Carried.
    Crs Lorentson and Finzel did not vote on the above motion.


    Motion
    Moved:            Cr Wegener
    Seconded:         Cr Stewart
    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 12 October 2021 about the Expression of Interest
    process for the Climate Change Response Plan Community Reference Group (CRG.); and
    A.    Appoint Councillor Finzel and Councillor Wilkie as members of the CRG with those
          appointments to be reviewed after 6 months; and
    B.    Appoint the following community representatives to the CRG
     Name                          Sectors represented (as                 Organisation (where
                                   nominated by the candidate)             relevant)
     Carina Anderson               Transport, health                       ZEN Inc
     Shayan Barmand                Natural environment, Community          Reef Check Australia
                                   /households
     Niki Brand                    Rural/agriculture
     Sharon Campbell               Health , Community /households
     Madeleine Cleland             Young people, Natural environment
     Natalie Frost                 Natural environment                     Sunshine Coast Environment
                                                                           Council
     Ann Gardiner                  Transport, Community /households        Cooran Earth Rights
     Brian Hoepper                 Education, Community /households        Peregian Beach Community
                                                                           Association
     Matt Harold                   Business, Tourism
     Nick Hluszko                  Community /households                   Noosa North Shore
                                                                           Association Inc.
     Aaron Jenkins                 Business                                EcoVantage
     Anne Kennedy                  Business                                ZEN Inc
     Pat Rogers                    Community /households, Natural          Eastern Beaches Protection
                                   environment                             Association




                                                                                              Page 4 of 29

Section 5

GENERAL COMMITTEE MEETING MINUTES                                             18 OCTOBER 2021


    Amendment
    Moved:          Cr Stockwell
    Seconded:       Cr Jurisevic
    That item C be added to read:
    C.    That Council accept Mr Pat Rogers nomination based on his individual skill and
          experience, but advise that Council does not seek representation of Eastern Beaches
          Protection Association on this committee.
    For:             Cr Stockwell
    Against:         Crs Wilkie, Wegener, Finzel, Stewart, Jurisevic and Lorentson
                                                                                            Lost.


    Committee Recommendation
    Moved:           Cr Wegener
    Seconded:        Cr Stewart
    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 12 October 2021 about the Expression of Interest
    process for the Climate Change Response Plan Community Reference Group (CRG.); and
    A.    Appoint Councillor Finzel and Councillor Wilkie as members of the CRG with those
          appointments to be reviewed after 6 months; and
    B.    Appoint the following community representatives to the CRG
     Name                       Sectors represented (as             Organisation (where
                                nominated by the candidate)         relevant)
     Carina Anderson            Transport, health                   ZEN Inc
     Shayan Barmand             Natural environment, Community      Reef Check Australia
                                /households
     Niki Brand                 Rural/agriculture
     Sharon Campbell            Health , Community /households
     Madeleine Cleland          Young people, Natural environment
     Natalie Frost              Natural environment                 Sunshine Coast Environment
                                                                    Council
     Ann Gardiner               Transport, Community /households    Cooran Earth Rights
     Brian Hoepper              Education, Community /households    Peregian Beach Community
                                                                    Association
     Matt Harold                Business, Tourism
     Nick Hluszko               Community /households               Noosa North Shore
                                                                    Association Inc.
     Aaron Jenkins              Business                            EcoVantage
     Anne Kennedy               Business                            ZEN Inc
     Pat Rogers                 Community /households, Natural      Eastern Beaches Protection
                                environment                         Association

                                                                          Carried unanimously.




                                                                                     Page 5 of 29

Section 6

GENERAL COMMITTEE MEETING MINUTES                                                        18 OCTOBER 2021


    2     PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME
          HOSTED ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND
          ADOPTION
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
    husband and I own a townhouse at 2/17 Noosa Parade that is being used as STA. Although I have a
    declarable conflict of interest in this item, I believe that the proposed STA Local Laws has significant
    Shire wide implications, including significant amenity impacts for residents of permanent housing and it
    is therefore in the community’s best interest that I remain in the room. In Council’s own Cost Benefit
    Assessment Report for proposed Local Law Amendment STA and Home hosted accommodation it
    states “potential beneficiaries within the Noosa Shire from the proposed local law include 10,610
    residential properties consisting of an estimated 26,525 persons, and as such represent a significant
    portion of the local community. The benefits of the proposed local law on resident health and amenity
    are estimated at $9.65m pa”. Further, I am concerned that if I voluntarily remove myself from this
    process, it will mean a loss of representation for a range of ratepayers who deserve to have their voices
    heard via my representation. I believe that I can consider this matter impartially and in the public interest
    and therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
    meeting on whether I can remain and participate in the decision under whatever conditions my fellow
    Councillors may choose.

    Committee Resolution
    Moved:              Cr Stewart
    Seconded:           Cr Stockwell
    That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
    interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
    Lorentson can consider the matter impartially and a reasonable person would trust that the final decision
    is made in the public interest.
    For:                Crs Stewart, Wilkie, Jurisevic, Stockwell and Finzel
    Against:            Cr Wegener
                                                                                                       Carried.
    Cr Lorentson did not vote on the above motion.


    Motion
    Moved:               Cr Stewart
    Seconded:            Cr Wilkie
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 and resolve to:
    A.    Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
          2021 (see Attachment 3) as advertised, but amended as follows:
          1.     after section 1 —
                 insert—
                 ‘1A.        Commencement
                               Part 2 commences on 1 February 2022.’.
    B.    Proceed with the making of, and make, Administration (Amendment) Subordinate Local
          Law (No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
          1.     after section 1—
                 insert—
                 ‘1A. Commencement

                                                                                                 Page 6 of 29

Section 7

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


                       Part 2 commences on 1 February 2022.’.
        2.   amendments to Subordinate Local Law, section 5 (Insertion of new sch21A —
             Operation of short stay letting or home hosted accommodation) —
             (a)   section 2(b)(v) —
                        omit.
             (b)   section 2(b)(vi) to (xii)—
                        renumber as section 2(b)(v) to (xi).
             (c)   section 3(d)(i) —
                        omit, insert—
                        ‘(i)    a site plan showing the location of all buildings, including any
                                outdoor entertainment area, swimming pool or spa, vehicle
                                parking area and the location of each window and door opening
                                of any adjoining residence; and’.
             (d)   section 3(g) —
                        omit, insert—
                        ‘(g)       written confirmation that, under the Building Act 1975—
                                (i)        the premises are lawfully constructed; and
                                (ii)     the use of the premises for the prescribed activity is
                                         authorised by the classification attributable to the
                                         premises; and’.
             (e)   section 3(h) after ‘inspector’—
                        insert—
                        ‘and that a current pool safety certificate will be maintained at all times’.
             (f)   section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
                        omit, insert—
                        ‘a 20 kilometre radius’.
             (g)   section 4(e)(ii), ‘residents in the vicinity of the premises’—
                        omit, insert—
                        ‘residents adjoining, or in the vicinity of, the premises’.
             (h)   section 4(f), after ‘property manager’—
                        insert—
                        ‘, security firm’.
             (i)   section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
                        omit, insert—
                        ‘a 20 kilometre radius’.
             (j)   section 6(2)(a), after ‘manager’—
                        insert—
                        ‘, security firm’.
             (k)   section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
                        omit, insert—
                        ‘a 20 kilometre radius’.
             (l)   section 6(2)(b)(i), ‘contact person’—
                        omit, insert—
                        ‘approval’.
             (m)   section 6(2)(b)(ii), ‘contact person’—
                        omit, insert—
                        ‘approval’.
             (n)   section 6(2)(b)(iii)—

                                                                                      Page 7 of 29

Section 8

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


                      omit, insert—
                      ‘(iii)  the size of the approval notice must be a minimum and maximum
                              size of 0.2m2; and’.
            (o)   section 6(2)(b)(iv)—
                       omit, insert—
                       ‘(iv)   the approval notice must specify, in letters and numbers not less
                               than 50mm in height—
                               (A) the current, and up to date, contact details for a complaint;
                                     and
                               (B) the approval number allocated by the local government to
                                     the approval for the undertaking of the prescribed activity
                                     at the premises; and’.
            (p)   section 6(2)(c), from ‘make available’ to ‘scheme’—
                       omit, insert—
                       ‘display an approval notice which complies with the requirements
                       specified in subsection (2)(b)(i) to (iv) inclusive’.
            (q)   section 6(3)(a), ‘residents in the vicinity of the premises’—
                       omit, insert—
                       ‘residents adjoining, or in the vicinity of, the premises’.
            (r)   section 6(3)(d), ‘vehicles on the premises’—
                       omit, insert—
                       ‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
            (s)   after section 6(3)(h)(ii)—
                       insert—
                       ‘(iii)  if the premises are not provided with a kerb side frontage general
                               waste collection service — ensure that general waste from the
                               premises is removed from the premises and disposed of at a
                               general waste facility; and’.
            (t)   section 6(3)(j), after ‘minimum,’—
                       insert—
                       ‘and for a period of not less than 2 years,’.
            (u)   section 6(3)(k)—
                       (i)       after ‘, must’—
                              insert—
                              ‘, for a period of not less than 2 years,’;
                       (ii)      ‘premises for short stay letting’—
                              omit, insert—
                              ‘premises’;
                       (iii)     ‘for short stay letting on’—
                              omit, insert—
                              ‘on’.
            (v)   section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
                       omit.
            (w)   section 6(3)(m)(ii), after ‘outdoor’—
                       insert—
                       ‘entertainment area,’.
            (x)   section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
                       omit, insert—
                       ‘residents adjoining, or in the vicinity of, the premises’.
            (y)   section 7(1), ‘12 months from the date of the approval’—

                                                                                      Page 8 of 29

Section 9

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021


                           omit, insert—
                           ‘on the next 30th day of June, unless otherwise specified in the approval’.
                (z)   section 9, definition contact person, ‘section 4(g)’—
                          omit, insert—
                          ‘section 4(f)’.
                (aa) section 9, ‘contact person’—
                         omit, insert—
                         ‘approval’.
    C.   Note that each of Administration (Amendment) Local Law (No. 1) 2021 and
         Administration (Amendment) Subordinate Local Law (No. 1) 2021 contain anti-
         competitive provisions;
    D.   Having considered the content of the public interest test report in relation to anti-
         competitive provisions contained in each of Administration (Amendment) Local Law (No.
         1) 2021 and Administration (Amendment) Subordinate Local Law (No. 1) 2021, in
         Attachment 7, note the content of the report and implement the recommendations of the
         report;
    E.   Adopt, pursuant to section 32 of the Local Government Act 2009:
         (a)    a consolidated version of Noosa Shire Council Local Law No. 1 (Administration)
                2015 in the form in Attachment 8; and
         (b)    a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in
                the form in Attachment 9;
         with a commencement date of 1 February 2022;
    F.   Fund the additional costs for 2021/22 year for implementation, administration and
         resource requirements of the short stay letting and home hosted accommodation local
         law through budget review, including:
         (a)    two additional (2) temporary full time local laws assessment and compliance
                officers for a term of 3 years (including one vehicle);
         (b)    establishment of an external 24/7 complaints hotline; and
         (c)    engagement of after-hours security services to observe and record activity at
                properties when required;
    G.   Waive application fees for the 2021/2022 financial year and refer the review of funding
         options and fee structure to the 2022/23 budget process;
    H.   Prepare a dedicated Council webpage including a local laws approval register and
         prepare a “good management of short stay letting” guide;
    I.   Authorise the CEO to make minor amendments to the documents.
    Amendment No.1
    Moved:            Cr Lorentson
    Seconded:         Cr Jurisevic
    That Item J be added to read:
    J.   Request the CEO in conjunction with a Review Panel comprising of Council
         Representatives, resident representation and industry representation to undertake a
         review of the operation of the Short Term Accommodation Local Law after 12 months to
         determine if any changes are needed to enhance its operation are required and that a
         report be provided to Council for consideration following that review.
    For:         Crs Jurisevic, Lorentson, Wilkie, Finzel and Stewart
    Against:     Crs Stockwell and Wegener
                                                                                             Carried.

                                                                                        Page 9 of 29

Section 10

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


    Amendment No.2
    Moved:             Cr Stockwell
    Seconded:          Cr Lorentson
    That Item J be changed to read:
    J.   That Council establish a multi-interest stakeholder group for ongoing consultation in
         regard to the management of short term accommodation in the Shire, including
         undertaking a review of the operation of the Short Stay Letting or Home hosted
         accommodation Local Law after 12 months to determine if any changes are needed to
         enhance its operations and that a report be provided to Council for consideration
         following that review.
    For:         Crs Stockwell, Jurisevic, Lorentson, Wilkie, Stewart & Finzel
    Against:     Cr Wegener
                                                                                     Carried.

    Committee Recommendation
    Moved:             Cr Stewart
    Seconded:          Cr Wilkie
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 and resolve to:
    A.   Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
         2021 (see Attachment 3) as advertised, but amended as follows:
         1.      after section 1 —
                insert—
                ‘1A.       Commencement
                             Part 2 commences on 1 February 2022.’.
    B.   Proceed with the making of, and make, Administration (Amendment) Subordinate Local
         Law (No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
         1.     after section 1—
                insert—
                ‘1A. Commencement
                           Part 2 commences on 1 February 2022.’.
         2.     amendments to Subordinate Local Law, section 5 (Insertion of new sch21A —
                Operation of short stay letting or home hosted accommodation) —
                (a) section 2(b)(v) —
                           omit.
                (b)       section 2(b)(vi) to (xii)—
                            renumber as section 2(b)(v) to (xi).
               (c)     section 3(d)(i) —
                            omit, insert—
                            ‘(i)    a site plan showing the location of all buildings, including any
                                    outdoor entertainment area, swimming pool or spa, vehicle
                                    parking area and the location of each window and door opening
                                    of any adjoining residence; and’.
               (d)     section 3(g) —
                            omit, insert—
                            ‘(g)      written confirmation that, under the Building Act 1975—

                                                                                     Page 10 of 29

Section 11

GENERAL COMMITTEE MEETING MINUTES                                             18 OCTOBER 2021


                               (i)       the premises are lawfully constructed; and
                               (ii)    the use of the premises for the prescribed activity is
                                       authorised by the classification attributable to the
                                       premises; and’.
            (e)   section 3(h) after ‘inspector’—
                       insert—
                       ‘and that a current pool safety certificate will be maintained at all times’.
            (f)   section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
                       omit, insert—
                       ‘a 20 kilometre radius’.
            (g)   section 4(e)(ii), ‘residents in the vicinity of the premises’—
                       omit, insert—
                       ‘residents adjoining, or in the vicinity of, the premises’.
            (h)   section 4(f), after ‘property manager’—
                       insert—
                       ‘, security firm’.
            (i)   section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
                       omit, insert—
                       ‘a 20 kilometre radius’.
            (j)   section 6(2)(a), after ‘manager’—
                       insert—
                       ‘, security firm’.
            (k)   section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
                       omit, insert—
                       ‘a 20 kilometre radius’.
            (l)   section 6(2)(b)(i), ‘contact person’—
                       omit, insert—
                       ‘approval’.
            (m)   section 6(2)(b)(ii), ‘contact person’—
                       omit, insert—
                       ‘approval’.
            (n)   section 6(2)(b)(iii)—
                       omit, insert—
                       ‘(iii)  the size of the approval notice must be a minimum and maximum
                               size of 0.2m2; and’.
            (o)   section 6(2)(b)(iv)—
                       omit, insert—
                       ‘(iv)   the approval notice must specify, in letters and numbers not less
                               than 50mm in height—
                               (A) the current, and up to date, contact details for a complaint;
                                     and
                               (B) the approval number allocated by the local government to
                                     the approval for the undertaking of the prescribed activity
                                     at the premises; and’.
            (p)   section 6(2)(c), from ‘make available’ to ‘scheme’—
                       omit, insert—
                       ‘display an approval notice which complies with the requirements
                       specified in subsection (2)(b)(i) to (iv) inclusive’.
            (q)   section 6(3)(a), ‘residents in the vicinity of the premises’—

                                                                                     Page 11 of 29

Section 12

GENERAL COMMITTEE MEETING MINUTES                                                18 OCTOBER 2021


                        omit, insert—
                        ‘residents adjoining, or in the vicinity of, the premises’.
              (r)   section 6(3)(d), ‘vehicles on the premises’—
                         omit, insert—
                         ‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
              (s)   after section 6(3)(h)(ii)—
                         insert—
                         ‘(iii)  if the premises are not provided with a kerb side frontage general
                                 waste collection service — ensure that general waste from the
                                 premises is removed from the premises and disposed of at a
                                 general waste facility; and’.
              (t)   section 6(3)(j), after ‘minimum,’—
                         insert—
                         ‘and for a period of not less than 2 years,’.
              (u)   section 6(3)(k)—
                         (i)       after ‘, must’—
                                insert—
                                ‘, for a period of not less than 2 years,’;
                         (ii)      ‘premises for short stay letting’—
                                omit, insert—
                                ‘premises’;
                         (iii)     ‘for short stay letting on’—
                                omit, insert—
                                ‘on’.
              (v)   section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
                         omit.
              (w)   section 6(3)(m)(ii), after ‘outdoor’—
                         insert—
                         ‘entertainment area,’.
              (x)   section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
                         omit, insert—
                         ‘residents adjoining, or in the vicinity of, the premises’.
              (y)   section 7(1), ‘12 months from the date of the approval’—
                         omit, insert—
                         ‘on the next 30th day of June, unless otherwise specified in the approval’.
              (z)   section 9, definition contact person, ‘section 4(g)’—
                         omit, insert—
                         ‘section 4(f)’.
              (aa) section 9, ‘contact person’—
                        omit, insert—
                        ‘approval’.
    C.   Note that each of Administration (Amendment) Local Law (No. 1) 2021 and
         Administration (Amendment) Subordinate Local Law (No. 1) 2021 contain anti-
         competitive provisions;
    D.   Having considered the content of the public interest test report in relation to anti-
         competitive provisions contained in each of Administration (Amendment) Local Law (No.
         1) 2021 and Administration (Amendment) Subordinate Local Law (No. 1) 2021, in
         Attachment 7, note the content of the report and implement the recommendations of the
         report;


                                                                                       Page 12 of 29

Section 13

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


     E.     Adopt, pursuant to section 32 of the Local Government Act 2009:
            (c)   a consolidated version of Noosa Shire Council Local Law No. 1 (Administration)
                  2015 in the form in Attachment 8; and
            (d)   a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in
                  the form in Attachment 9;
            with a commencement date of 1 February 2022;
     F.     Fund the additional costs for 2021/22 year for implementation, administration and
            resource requirements of the short stay letting and home hosted accommodation local
            law through budget review, including:
            (d)   two additional (2) temporary full time local laws assessment and compliance
                  officers for a term of 3 years (including one vehicle);
            (e)   establishment of an external 24/7 complaints hotline; and
            (f)   engagement of after-hours security services to observe and record activity at
                  properties when required;
     G.     Waive application fees for the 2021/2022 financial year and refer the review of funding
            options and fee structure to the 2022/23 budget process;
     H.     Prepare a dedicated Council webpage including a local laws approval register and
            prepare a “good management of short stay letting” guide;
     I.     Authorise the CEO to make minor amendments to the documents.
     J.     That Council establish a multi-interest stakeholder group for ongoing consultation in
            regard to the management of short term accommodation in the Shire, including
            undertaking a review of the operation of the Short Stay Letting or Home hosted
            accommodation Local Law after 12 months to determine if any changes are needed to
            enhance its operations and that a report be provided to Council for consideration
            following that review.
     For:              Crs Jurisevic, Wilkie, Stockwell, Wegener, Stewart & Finzel
     Against:          Crs Lorentson
                                                                                          Carried.
The meeting adjourned at 12.17pm.
The meeting resumed at 12.31pm.


     3      51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR
            MULTIPLE DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA
            HEADS
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Wegener
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an
     Other Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple
     dwelling and 8 shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa
     Heads and:
     A.     Approve the application.
     B.     Change condition 1 to read as follows:



                                                                                     Page 13 of 29

Section 14

GENERAL COMMITTEE MEETING MINUTES                                                18 OCTOBER 2021


        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.
         Plan    Rev.    Plan, prepared by                                               Date
         No.
         No.1            Perspectives & Notes, prepared by Accolade Building Designs     22/07/2014
         No.3            Ground Floor & 1st Level, prepared by Accolade Building         22/07/2014
                         Designs
         No.4            Elevations, prepared by Accolade Building Designs               22/07/2014

                                       Approved Plans - October 2015
         Plan     Rev.   Plan, prepared by                                               Date
         No.
         DA       A      Site Plan, prepared by Peter Hull Architect                     Sept 15
         3001
         DA       B      Floor Plans, prepared by Peter Hull Architect                   Sept 15
         3002
         DA       A      Ground Floor and Carport Plan, prepared by Peter Hull           Sept 15
         3004            Architect
         DA       B      Sections, prepared by Peter Hull Architect                      Sept 15
         4001
         DA       B      Elevations, prepared by Peter Hull Architect                    Sept 15
         5001

                                        Approved Plans – March 2016
         Plan     Rev.   Plan, prepared by                                               Date
         No.
                         GRND FLR – Proposed (Unit 14), prepared by LPID                 14/10/2015
                         Elevation (Unit 14) – East Facing (Street Frontage), prepared   14/10/2015
                         by LPID
                         Elevation – North Facing (Unit 14), prepared by LPID            14/10/2015
                         Elevation – South Facing (Unit 14), prepared by LPID            14/10/2015
                         Elevation – West Facing (Unit 14), prepared by LPID             14/10/2015
                         3D Views – Exterior (Unit 14), prepared by LPID                 14/10/2015
                         GRND FLR – Proposed (Unit 25), prepared by LPID                 14/10/2015
                         Elevation (Unit 25) – South View, prepared by LPID              14/10/2015
                         Elevation – East (Unit 25), prepared by LPID                    14/10/2015
                         Elevation – West (Unit 25), prepared by LPID                    14/10/2015
                         Elevation – North (Unit 25), prepared by LPID                   14/10/2015
                         3D Views – Exterior (Unit 25), prepared by LPID                 14/10/2015

                                         Approved plans – May 2016
         Plan     Rev.   Plan, prepared by                                               Date
         No.
         DA.0     B      Location Plan prepared by Bark Design Architects                26/02/2016
         1

                                                                                         Page 14 of 29

Section 15

GENERAL COMMITTEE MEETING MINUTES                                             18 OCTOBER 2021


                                      Approved plans – May 2016
        Plan   Rev.    Plan, prepared by                                            Date
        No.
        DA.0   C       Site Plan prepared by Bark Design Architects                 23/02/2016
        2
        DA.0   C       Ground Floor Plan prepared by Bark Design Architects         23/02/2016
        4
        DA.0   C       First Floor Plan prepared by Bark Design Architects          23/02/2016
        5
        DA.0   C       Second Floor Plan prepared by Bark Design Architects         23/02/2016
        6
        DA.0   C       Roof Terrace Plan prepared by Bark Design Architects         23/02/2016
        7
        DA.1   B       South Elevation prepared by Bark Design Architects           26/02/2016
        1
        DA.1   B       East Elevation prepared by Bark Design Architects            26/02/2016
        2
        DA.1   B       North Elevation prepared by Bark Design Architects           26/02/2016
        3
        DA.1   B       West Elevation prepared by Bark Design Architects            26/02/2016
        4

                                 Approved plans – March 2017 Unit 20
        Plan No.       Plan, prepared by                                           Date
        1016HMK        3D rendering, prepared by Accolade Building Designs         23 March 2017
        Sheet 1
        1016HMK        Floor Plans, prepared by Accolade Building Designs          23 March 2017
        Sheet 2
        1016HMK        Ground Floor plan, prepared by Accolade Building Designs    23 March 2017
        Sheet 3
        1016HMK        Elevations, prepared by Accolade Building Designs           23 March 2017
        Sheet 4

                                  Approved plans – April 2017 Unit 13
        Plan, prepared by                                                         Date
        Site plan, prepared by Mandy’s Design and Drafting                        March 2017
        Proposed floor plan, prepared by Mandy’s Design and Drafting              March 2017
        Elevations, prepared by Mandy’s Design and Drafting                       March 2017

                                 Approved plans – August 2017 Unit 20
        Plan No.       Plan, prepared by                                          Date
        1016HMK        3D rendering, prepared by Accolade Building Designs        23 March 2017
        Sheet 1
        1016HMK        Floor Plans, prepared by Accolade Building Designs         23 March 2017
        Sheet 2
        1016HMK        Ground Floor plan, prepared by Accolade Building Designs   23 March 2017
        Sheet 3
        1016HMK        Elevations, prepared by Accolade Building Designs          23 March 2017
        Sheet 4


                                                                                   Page 15 of 29

Section 16

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021


                                 Approved plans – August 2017 Unit 5
        Plan No.       Rev.                                                         Plan,   prepared
                                                                                    by
        Sheet 1 of 4   Site Plan, prepared by Mandy’s Design and Drafting           July 2017
        Issue A
        Sheet 2 of 4   Existing Floor Plans, prepared by Mandy’s Design and         July 2017
        Issue A        Drafting
        Sheet 3 of 4   Proposed floor plan, prepared by Mandy’s Design and          July 2017
        Issue A        Drafting
        Sheet 4 of 4   Elevations, prepared by Mandy’s Design and Drafting          July 2017
        Issue A

                                  Approved Plans – April 2018 Unit 21
        Plan No.       Rev.                                                         Plan,   prepared
                                                                                    by
        Sheet 1 of 6   Proposed Partial Enclosure of Ground Level Under Existing    26/04/2018
                       Unit, prepared by Accolade Building Designs
        Sheet 2 of 6   Proposed Partial Enclosure of Ground Level Under Existing    26/04/2018
                       Unit, prepared by Accolade Building Designs
        Sheet 3 of 6   Proposed Partial Enclosure of Ground Level Under Existing    26/04/2018
                       Unit (floor plans), prepared by Accolade Building Designs
        Sheet 4 of 6   Proposed Partial Enclosure of Ground Level Under Existing    26/04/2018
                       Unit (elevations), prepared by Accolade Building Designs

                              Approved Plans – 19 November 2020 Unit 17
        Plan No.       Rev.                                                         Plan,   prepared
                                                                                    by
        Sheet 01,      Site Location, Site Plan & Floor Plans, prepared by          October 2020
        Issue D        Innovate Architects
        Sheet 02,      Elevations, Section & External       Finishes   Schedule,    October 2020
        Issue D        prepared by Innovate Architects
        Sheet 07       Perspectives, prepared by Innovate Architects                October 2020
        Issue C

                                 Approved Plans – March 2020 Unit 19
        Plan No.       Rev.                                                         Plan,   prepared
                                                                                    by
        A01            Site Location, Site Plan & Calculations, prepared by Lisa    22 January 2021
                       Page
        A02            Ground Floor Plan – with proposed alterations, prepared by   22 January 2021
                       Lisa Page
        A03            Level 1 Floor Plan, prepared by Lisa Page                    22 January 2021
        A04            Level 2 Floor Plan, prepared by Lisa Page                    22 January 2021
        A05            Level 3/Terrace, prepared by Lisa Page                       22 January 2021
        A06            Elevations Views: North & South facing, prepared by Lisa     22 January 2021
                       Page (as annotated by Council)
        A07            Elevations Views: East & West facing, prepared by Lisa       22 January 2021
                       Page (as annotated by Council)
        A08            Perspective view, Terrace level, prepared by Lisa Page       22 January 2021


                                                                                      Page 16 of 29

Section 17

GENERAL COMMITTEE MEETING MINUTES                                                 18 OCTOBER 2021


                                    Approved Plans – March 2020 Unit 19
          Plan No.        Rev.                                                          Plan,   prepared
                                                                                        by
          A09             Perspective views: south, west, north facing, prepared by     22 January 2021
                          Lisa Page
          A10             Perspective views: south/east/north views, prepared by        22 January 2021
                          Lisa Page
          A11             Section view-east facing, prepared by Lisa Page               22 January 2021
          A12             External Material Finishes Palette by Lisa Page               22 January 2021
          -               Landscape Concept Design document including site plan                 -
                          and perspective, cross sections, look and feel and design,
                          prepared by Louise Custance

                      Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
          Plan No.        Rev.                                                         Plan, prepared by
          SD.102          Proposed Holyman Unit 3D perspectives, prepared by           N/D
          Iss P2          Gerard Smith Design
          SD.104          Site / Roof Plan, prepared by Gerard Smith Design            Aug 2018
          Iss P10
          SD.201          Floor Plans, prepared by Gerard Smith Design                 Aug 2018
          Iss P9
          SD.501          Elevations proposed, prepared by Gerard Smith Design         Aug 2018
          Iss P9
          SD.601          Cross Sections – Sheet 2, prepared by Gerard Smith           Aug 2018
          Iss P2          Design
          SD.951          Overviewing Diagrams – Level 1, prepared by Gerard           Aug 2018
          Iss P9          Smith Design
          SD.952          Overviewing Diagrams – Level 2, prepared by Gerard           Aug 2018
          Iss P9          Smith Design

    C.   Include the following additional conditions 37 - 44 to read as follows:
         Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for
         construction and access) – 21 October 2021
         Performance Bond - Planning
         37.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
                must be submitted to Council, to secure performance of all conditions of this
                approval, specifically for Lot 30, prior to the issue of a Development Permit for
                Building Works. The cash bond or trading bank guarantee will be returned on
                performance of the conditions of approval less any costs incurred by Council in
                respect of enforcing performance of this permit. Council reserves the right to call
                upon the bond or guaranteed sum to effect compliance with conditions.
         Performance Bond – Demolition
         38.    Security to the value of $10,000 must be provided to Council’s Building and
                Plumbing Services prior to the issue of the development approval for building works
                (demolition). The security must be in the form of a cash bond or bank guarantee,
                for security against satisfactory completion of works.
         Landscaping
         39.    The development site must be landscaped generally in accordance with the
                approved plans and Planning Scheme Policy PSP2 – Landscaping, and the

                                                                                          Page 17 of 29

Section 18

GENERAL COMMITTEE MEETING MINUTES                                             18 OCTOBER 2021


               following requirements:
               a.   A minimum of a 1m wide garden with dense landscaping must be provided
                    to the north, south and western boundaries within Lot 30.
               b.   The 1m wide garden must consist of 45 litre pot size native trees planted at
                    1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the
                    following locations:
                    i.     south east corner; and
                    ii.    half way along the southern boundary; and
                    iii.   to the west of the visitor car space where the lot dog legs.
               c.   The plantings must grow to an average minimum height of 10m and be
                    suitable native species for the urban surroundings such as Syzygium,
                    Elaeocarpus, Acronychia.
               d.   All landscape works must be established and maintained in accordance with
                    the approved design for the life of the development, and in a manner that
                    ensures healthy, sustained and vigorous plant growth. All plant material
                    must be allowed to grow to full form and be refurbished when its life
                    expectancy is reached.
               e.   Landscape works must be completed prior to the commencement of the use
                    of Lot 30.
         40.   The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
               prepared by Max Watterson & Associates may be removed within the lot as part of
               preparing the site for construction.
         41.   Any vegetation to be retained must be protected from clearing or construction
               activities by:
               a.   clearly marking vegetation to be retained with flagging tape;
               b.   installing protective fencing around the drip line of the vegetation;
               c.   restricting stockpiling, storage and vehicle parking to those areas which are
                    already cleared; and
               d.   using low impact construction techniques around vegetation.
         Privacy
         42.   The level 1 and level 2 operable timber privacy screens when fully extended must
               not cover more than 50% of each of the balconies. The privacy screens on Level
               3 must be a minimum height of 1.7m above the FFL.
         43.   The balcony located on Level 2 and the roof top terrace must include balustrading
               (set back as shown on the approved plans), and fixed external screens (where
               appropriate), positioned in such a way to obscure direct views into the habitable
               room windows or private open space areas of the adjoining units.
         Building Appearance
         44.   The building must be constructed to be generally in accordance with the material
               and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard
               Smith Design.
    D.   Amend existing Condition 25 to read:
         Demolition
         25.   Security to the value of $5,000 must be provided to Council’s Building and
               Plumbing Services prior to the issue of the Development Approval for Building

                                                                                    Page 18 of 29

Section 19

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021


                Works – demolition of Unit 17 & 19. The security must be in the form of a cash
                bond or bank guarantee, for security against satisfactory completion of works.
    E.   Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12
         & 13 to read ‘Privacy - Unit 17’
    F.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.



    4    MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
         DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
         OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION,
         SITUATED AT 1 & 2/10 HILL ST SUNSHINE BEACH
    Committee Recommendation
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0006.03 &
    OPW18/0012.03 for an Other Change to a Development Permit for Material Change of Use
    Multiple Housing - Type 2 Duplex and Operational Works (Stormwater, earthworks, carparking,
    landscaping), to include Short Term Accommodation, situated at 1 & 2/10 Hill St, Sunshine
    Beach and:
    A.   Refuse the application for the following reasons:
         1.     The proposal is not consistent with Strategic Intent and Outcomes for the Shire as
                increased visitor accommodation is not sought or needed for the area and visitor
                accommodation 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 seeks to establish a new short-term visitor accommodation
                      facility within a duplex, and not located within a well-established resort or
                      holiday units.
                b.    There are a number of sites advertised as being available for visitor
                      accommodation in the immediate neighbourhood and zoned medium density
                      residential.
         3.     The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2)
                (v)(iii) and Performance Outcomes PO1, PO2 & PO15 of the Coastal Communities
                Local Plan Code as:
                a.    The extent of visitor accommodation has started to erode the available
                      supply of permanent housing in the local plan area.
                b.    Additional visitor accommodation in the area is likely to result in detrimental
                      impacts on the residential neighbourhood and amenity 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 short term accommodation will not integrate well into the area
                      given the extent of visitor accommodation in the area.


                                                                                     Page 19 of 29

Section 20

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


                b.   The proposed visitor accommodation is likely to detract from the amenity
                     enjoyed by residents given resident’s reasonable expectations for the area.
         5.     The proposal does not comply with Performance Outcome PO12 of the Visitor
                Accommodation Code and Performance Outcome PO6 of the Driveway and
                Parking Code as insufficient car parking is proposed on site to address the likely
                parking demands on site.
         6.     There is no need for additional Short term accommodation in the area.
         7.     The proposal does not comply with Performance Outcome PO20(b) of the Medium
                Density Residential Zone Code as there is the potential to overlook the private
                open space of neighbouring properties from the rear balcony and unreasonably
                impact on the amenity of those residents.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.



    5    MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
         APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT
         TERM ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES,
         SUNSHINE BEACH
    Committee Recommendation
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 12 October 2021 regarding Application No. MCU17/0046.03 for an
    Other Change to a Development Approval for Multiple Housing Type 2 – Duplex & Operational
    Works to include Short-term accommodation, situated at 2/38 Park Cres Sunshine Beach 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 dwelling units available for permanent housing in the area,
                impacting permanent resident amenity.
         2.     The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o)
                and Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities
                Local Plan Code as:
                a.   The extent of visitor accommodation has eroded the available supply of
                     permanent housing in the local plan area; and
                b.   Additional visitor accommodation in the area is likely to result in detrimental
                     impacts on the residential neighbourhood and amenity of permanent
                     residents.
         3.   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 dwelling units available for permanent housing in the area,
              impacting permanent resident amenity.
         4.   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:




                                                                                    Page 20 of 29

Section 21

GENERAL COMMITTEE MEETING MINUTES                                              18 OCTOBER 2021


               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 unit 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.
         5.    There is no need for additional short term accommodation in the area.
         6.    The proposal does not comply with Performance Outcome PO12 of the Visitor
               Accommodation Code and Performance Outcome PO6 of the Driveway and
               Parking Code as insufficient car parking is proposed on site to address the likely
               parking demands on site.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.


    6    RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A
         JIRRIMA CRES, COOROIBAH
    Committee Recommendation
    Moved:         Cr Wegener
    Seconded:      Cr Jurisevic
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 12 October 2021regarding Application No. RAL20/0014 for a
    Development Permit for Reconfiguring A Lot – 1 lot into 2 lots, situated at 9A Jirrima Cres
    Cooroibah and:
    A.   Refuse the application for the following reasons:
         1.    The proposal is not consistent with the Overall Outcome 13.7.2 c), d) and e),
               Specific Outcomes O2, O5, O7 and O15 of the Noosa Plan 2006 Biodiversity
               Overlay Code as:
               a.    The proposal seeks to undertake development in the riparian buffer.
               b.    A 20m wide easement is required for firefighting purposes within the riparian
                     buffer which requires clearing of vegetation and prevents.
               c.    Fill within the riparian buffer for the driveway and firefighting appliances has
                     the potential to adversely impact on the ecological and hydrological values
                     of the riparian buffer area.
               d.    The proposal is likely to result in the removal of koala habitat for a new lot
                     boundary.
         2.    The proposal is not consistent with 13.30.2 of the Natural Hazards Overlay Code
               for bushfire hazards as the proposed bushfire risk mitigation treatments impacts
               the riparian buffer and requires clear clearing of part of the riparian buffer.

         3.    The proposal is not consistent with 14.181.2 a), c), g), and Specific Outcomes O1,
               O20 and O22 of the Reconfiguring a Lot Code as:
               a.    The development does not meet the minimum lot size, and provide for the
                     retention of the site’s natural environmental values and will result in clearing
                     koala habitat and part of the riparian buffer.
         4.    The proposal does not comply with the Noosa Plan 2020 as:
               a.    The applicant proposes development in the riparian buffer.
                                                                                     Page 21 of 29

Section 22

GENERAL COMMITTEE MEETING MINUTES                                             18 OCTOBER 2021


                b.   It is removing vegetation within the riparian buffer and not protecting an
                     ecologically important area.
                c.   The proposal places people and property at risk as the driveway cannot be
                     constructed to a suitable standard for firefighting without the clearing of
                     vegetation in the riparian buffer.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.



    7    PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
    Committee Recommendation
    Moved:            Cr Stewart
    Seconded:         Cr Jurisevic
    That Council note the report by the Acting Director Environment and Sustainable Development,
    to the Planning & Environment Committee meeting dated 12 October 2021 providing a full year
    report on the performance and activities of The Hub for the period 1 July 2020 to 30 June 2021
    and a Social Return on Investment evaluation.
                                                                            Carried unanimously.




6   REPORTS DIRECT TO GENERAL COMMITTEE


    10   PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Acting Director Environment and Sustainable Development
    to the General Committee Meeting dated 18 October 2021 regarding the commercial lease of
    office space at the Peregian Digital Hub and:
    A.     Agree to enter a commercial lease of the Unit 4 premises of 45m 2 to Anson McCade
           Pty Ltd. for a three year term, as generally outlined in the report;
    B.     Agree to enter a commercial lease of the Unit 3a premises of 45m2 to Saturate for a
           three year term, as generally outlined in the report;
    C.     Note that a market process will continue in order to secure a tenant for Unit 3b;
    D.     Authorise the CEO to award one subsequent lease extension of 3 years for each of
           these tenancies, subject to the lessee complying with the terms of the lease.
                                                                           Carried unanimously.




                                                                                    Page 22 of 29

Section 23

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021



    8    T000054 – TEWANTIN BYPASS STAGE 1 INTERSECTION UPGRADE – TENDER
         AWARD
    Committee Recommendation
    Moved:             Cr Jurisevic
    Seconded:          Cr Lorentson
    That Council note the report by the Designer Capital Works to the General Committee Meeting
    dated 18 October 2021 and:
    A.   Award Contract T000054 for the construction of the Tewantin Bypass Stage 1 –
         Intersection Upgrade works to SGQ Pty Ltd for the sum under a schedule of rates
         contract for the amount of $5,052,575 excluding GST;
    B.   Approve expenditure under this Contract up to $7,849,520 excluding GST, including
         contingency spend.
                                                                    Carried unanimously.




    9    MCU20/0037 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021
         – REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING – TYPE 2 DUPLEX AT
         11 MARGIT CRES, SUNRISE BEACH
    Committee Recommendation
    Moved:             Cr Lorentson
    Seconded:          Cr Stockwell
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 18 October 2021 regarding Planning & Environment Court Appeal
    No. BD1074 of 2021 and agree to settle the appeal generally in accordance with the following
    conditions:
    PLANNING
         When Conditions must be Complied With
    1    Unless otherwise stated, all conditions of this Decision Notice must be complied with
         prior to the use commencing, and then compliance maintained at all times while the use
         continues.
         Approved Plans
    2.   Development undertaken in accordance with this approval must generally comply with
         the approved plans of development. The approved plans are listed in the following table
         unless otherwise amended by these conditions.

     Plan No.   Rev.   Plan/Document Name                                       Date

                H      Development Application/Development summary, prepared    03.09.2021
                       by OH Architecture
     DA 001     H      Proposed Plan, prepared by OH Architecture               3 September 2021
     DA 101     H      Proposed Basement Plan, prepared by OH Architecture      3 September 2021
     DA 102     H      Proposed Lower Floor Plan, prepared by OH Architecture   3 September 2021
     DA 103     H      Proposed Upper Floor Plan, prepared by OH Architecture   3 September 2021
     DA 104     H      Proposed Roof Plan, prepared by OH Architecture          3 September 2021
     DA 151     H      Proposed Elevations, prepared by OH Architecture         3 September 2021


                                                                                    Page 23 of 29

Section 24

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021



     Plan No.   Rev.   Plan/Document Name                                         Date

     DA 152     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 153     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 154     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 161     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 162     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 163     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 301     H      Pergola materials, prepared by OH Architecture             September 2021

          Currency Period
    3.    This development approval lapses if the use has not happened by 21 October 2027,
          unless an application to extend the currency period is approved by Council.
          Built Form and Development Appearance
    4.    The maximum height of the development must not exceed 8 metres above the natural
          ground level and the finished surface level and 2 storeys.
    5.    Certification must be submitted to Council from a Licensed Surveyor which certifies that
          the buildings do not exceed the maximum height requirement of this Decision Notice.
    6.    All fencing and retaining walls within the northern and southern setbacks must be located
          and constructed in accordance with approved drawings DA 153 and DA 154, prepared
          by OH Architecture and dated 3 September 2021.
    7.    All air conditioning units or other mechanical equipment must be fully enclosed or
          screened such that they are not visible from the street frontages nor adjoining properties.
    8.    All deck and balcony areas must not be enclosed by permanent fixtures such as shutters,
          louvres, glass panelling or the like, except where required to satisfy any privacy condition
          of this Decision Notice.
          Performance Bond
    9.    Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
          must be submitted to Council, to secure performance of all conditions of this approval,
          prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
          performance of the conditions of approval less any costs incurred by Council in respect
          of enforcing performance of this permit. Council reserves the right to call upon the bond
          or guaranteed sum to effect compliance with conditions.
          Protection of Privacy
    10.   To ensure privacy is protected between adjoining properties to the west, south and north,
          the development must:
          a.    provide screening devices to balconies; and/or
          b     have a minimum window sill height or 1.7 metres above floor level; and/or
          c.    be fitted with translucent glazing; and/or
          d.    be fitted with fixed external screens.
    Street Identification
    11.   The street address of the development must be clearly visible and discernible from the
          primary frontage of the site by the provision of a street number and, where appropriate,
          the building name.




                                                                                      Page 24 of 29

Section 25

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021


    Water & Sewer Connections
    12.   An underground connection to reticulated water and sewerage must be provided to the
          development site in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    13.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to the development site.
    Fencing and Walls
    14.   Street fencing must be provided generally as shown on the approved plans.
    15.   The area of land between the street fence and the front property boundary must be
          densely landscaped to screen any fencing from the street. A mix of understorey and taller
          species must be included.
    Clothes Drying Areas
    16.   Each dwelling unit must be provided with access to an outdoor clothes line which is
          screened from public view.
    Community Management Statement
    17.   Any proposed Community Management Statement required for the development
          pursuant to the Body Corporate and Community Management Act 1997 must be
          submitted to Council for endorsement at the same time as submission of the Building
          Format Plan (or similar) to Council for compliance assessment.
    Landscaping
    18.   The site must be landscape in accordance with Planning Scheme Policy PSP2 –
          Landscaping. The works must be undertaken in accordance with an operational works
          approval and the approved plans and must include in particular:
          a.   Dense screening vegetation within the gardens located to the perimeter of the site
               along the north, south and western boundaries and;
               i.     must be a minimum of 1m wide unless otherwise shown on the approved
                      plans;
               ii.    Trees that grow to a minimum height of 8m planted at 1.5m centres. The
                      trees must have a minimum pot size of 45 litres; and
               iii.   1 x 100 litre pot size feature tree planted to each side of the driveway within
                      the site and near the front boundary.
          b.   Retention of the existing street tree located near the south east corner of the site
               as shown on the approved plans.
          c.   Provide an arborist report with construction methods to retaining the street tree in
               good health during constructed.
          d.   Provide 1 x 45 litre pot size street tree located to the northern side of the driveway
               crossover.
          e.   Provide a planting and plant schedule including species and pot size.
    19.   All landscape works must be established and maintained in accordance with the
          approved design for the life of the development, and in a manner that ensures healthy,
          sustained and vigorous plant growth. All plant material must be allowed to grow to full
          form and be refurbished when its life expectancy is reached.
    Noise
    20.   Written certification is required from a suitably qualified person confirming that sound

                                                                                     Page 25 of 29

Section 26

GENERAL COMMITTEE MEETING MINUTES                                               18 OCTOBER 2021


          pressure levels from all mechanical plant and equipment comply with the following:
          a.    Air-conditioning and Refrigeration
                •      7am to 10pm: Maximum level allowable = background + 5dB(A)
                •      10pm to 7am: Maximum level allowable = background + 3dB(A)
          b.    Pumps
                •      7am to 7pm: Maximum level allowable = background + 5dB(A)
                •      7pm to 10pm: Maximum level allowable = background + 3dB(A)
                •      10pm to 7am: No audible noise.
    21.   The certification must be submitted to Council, which certifies that operational noise from
          any fixed plant and equipment complies and with the requirements of this Decision
          Notice.
    HYDROLOGY
    Stormwater Drainage
    22.   The site must be provided with a stormwater drainage system connecting to a lawful
          point of discharge. The works must be undertaken in accordance with an Operational
          Works approval and must include in particular:
          a.    a Site Based Stormwater Management Plan which addresses the following:
                i.     existing overland flows and proposed overland flows;
                ii.    maintenance of overland flows within the subject site; and
                iii.   the drainage system for all roofed areas, hardstand, grassed areas and pool
                       surrounds.
    Erosion and Sediment Control
    23.   In conjunction with the application for Operational Works approval, provide an erosion
          and sediment control plan, prepared in accordance with Best Practice Erosion and
          Sediment Control (IECA, 2008) and which achieves the construction phase stormwater
          design objectives of the State Planning Policy 2017.
    WASTE DISPOSAL
    24.   The developer must provide waste storage and disposal facilities in accordance with
          Planning Scheme Policy 9 - Waste Management. The facilities must include an
          impervious area, within the site, correctly sized for all refuse and recycling containers
          and suitably screened from public places and neighbouring properties. A bin wash area
          is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
          trap. The drain outlet must be designed to prevent storm water entry to the sewerage
          system.
    25.   Refuse containers must be provided in accordance with the requirements of the
          Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
          Regulation 2000, for the storage and collection of refuse.
    ENGINEERING
    External Works
    26.   Margit Crescent must be upgraded for the length of its frontage to the subject site. The
          works, which must be undertaken in accordance with an Operational Works approval,
          are:
          a.    construction of a pedestrian footpath in accordance with the conditions of this
                Decision Notice


                                                                                     Page 26 of 29

Section 27

GENERAL COMMITTEE MEETING MINUTES                                            18 OCTOBER 2021


          b.   removal of all existing property access (driveway/crossovers) and reinstatement of
               the kerb, footpath and verge area to match the balance of the site frontage,
               including the provision of topsoil and turf where the existing verge is grassed.
    Site Access and Driveways
    27.   A sealed access driveway must be provided from Margit Crescent to all parking and
          manoeuvring areas of the development. The works must be undertaken in accordance
          with an Operational Works approval and must include in particular:
          a.   a driveway crossover in accordance with Council standard drawings RS-051 and
               addendums
    Car Parking
    28.   Car parking must be provided generally in accordance with the approved plans. The
          works must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          a.   dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities
    29.   Pedestrian facilities must be provided for the development. The works must be
          undertaken in accordance with an Operational Works approval and must include in
          particular:
          a.   a 2 metre wide concrete footpath within the road verge for the entire length of the
               site’s frontage to Margit Crescent.
    This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
    infrastructure identified by Council’s LGIP to service the development.
    Easements
    30.   Unless otherwise agreed in writing by the relevant service provider, any public or third
          party infrastructure located on the subject site must be placed within an easement
          registered against the title of the property.
    31.   All easements must be designed in accordance with the planning scheme and granted
          at no cost to the Grantee. Where the Grantee is Council or a service authority, the
          easement documentation must be in accordance with the Grantee’s standard easement
          terms. Draft easement documentation must be submitted to Council for endorsement.
    32.   All works must be kept clear of any existing or proposed easements on the subject land,
          unless agreed otherwise in writing by the Grantee.
    Earthworks and Retaining Walls
    33.   All fill and associated batters must be undertaken in accordance with an Operational
          Works approval, and contained entirely within the subject site unless written permission
          from the respective landowner(s) is provided to Council.
    Damage to Services and Assets
    34.   Any damage caused to existing services and assets as a result of the development works
          must be repaired at no cost to the asset owner at the following times:
          a.   where the damage would cause a hazard to pedestrian or vehicle safety,
               immediately; or
          b.   where otherwise, upon completion of the works associated with the development.
    Any repair work which proposes to alter the alignment or level of existing services and assets
    must first be referred to the relevant service authority for approval
                                                                            Carried unanimously.


                                                                                   Page 27 of 29

Section 28

GENERAL COMMITTEE MEETING MINUTES                                            18 OCTOBER 2021


    11    NOOSA HOLIDAY PARK FEES AND CHARGES
    Cr Wegener left the meeting.
    Motion
    Moved:           Cr Wilkie
    Seconded:        Cr Stewart
    That Council note the report by the Property Advisor – Commercial Property to the General
    Committee Meeting dated 18 October 2021 and:
    A.     Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
           of the January 2023 Queensland school holidays; and
    B.     Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
           for Noosa Holiday Parks for the period ending Monday 23 January 2023 as detailed in
           the tables contained within the report.

    Cr Wegener returned to the meeting.



    Amendment
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That item B be changed to read:
    B.    Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
          for Noosa Holiday Parks for the period ending Monday 23 January 2023 as detailed in
          the tables contained within the report except for the amounts in Table 1 - Boreen Point
          Campground be altered to be $1 above the current fees for each of the 4 categories.
    For:              Crs Stockwell, Cr Jurisevic
    Against:          Crs Wilkie, Stewart, Lorentson, Finzel, Wegener
                                                                                            Lost.


    Committee Recommendation
    Moved:           Cr Wilkie
    Seconded:        Cr Stewart
    That Council note the report by the Property Advisor – Commercial Property to the General
    Committee Meeting dated 18 October 2021 and:
    A.    Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
          of the January 2023 Queensland school holidays; and
    B.    Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
          for Noosa Holiday Parks for the period ending Monday 23 January 2023 as detailed in
          the tables contained within the report.

                                                                          Carried unanimously.




                                                                                   Page 28 of 29

Section 29

GENERAL COMMITTEE MEETING MINUTES                                            18 OCTOBER 2021



       12   FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2021
       Committee Recommendation
       Moved:         Cr Finzel
       Seconded:      Cr Jurisevic
       That Council note the report by the Acting Manager Financial Services to the General
       Committee Meeting dated 18 October 2021 outlining September 2021 year to date financial
       performance against budget, including changes to the financial performance report with the
       inclusion of key financial sustainability indicators.
                                                                           Carried unanimously.




7      CLOSED SESSION

Nil.



The meeting closed at 2.56pm




                                                                                   Page 29 of 29

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