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2023-03-16 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 16 March 2023
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 MARCH 2023
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
1. LIBBY DOHERTY & TANIA HICKS 3
8. CONSIDERATION OF COMMITTEE REPORTS 4
1 PLANNING & ENVIRONMENT COMMITTEE REPORT 7 MARCH 2023 4
2 SERVICES & ORGANISATION COMMITTEE REPORT 7 MARCH 2022 8
3 GENERAL COMMITTEE REPORT 13 MARCH 2023 10
9. ORDINARY MEETING REPORTS 14
10. CLOSED SESSION 14
11. PUBLIC QUESTION TIME 14
1. JOKUBAS KUPREVICIUS 14
12. NEXT MEETING 14
13. MEETING CLOSURE 14
Page 2 of 14
Section 3
ORDINARY MEETING AGENDA 16 MARCH 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 16 February 2023 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
5. NOTIFIED MOTIONS
Nil
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
1. LIBBY DOHERTY & TANIA HICKS
Topic: Disability Access and Inclusion across the shire including
• Buildings and Venues
• Events - council produced and sponsored
• Activities
• School Holiday programs
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Section 4
ORDINARY MEETING AGENDA 16 MARCH 2023
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE REPORT 7 MARCH 2023
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Clare Stewart
Cr Brian Stockwell
Cr Karen Finzel
Cr Lorentson (non-committee Councillor)
Cr Wilkie (non-committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU22/0208 APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 132 SOLAR ROAD COOROY MOUNTAIN
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 March 2023 regarding Application No. MCU22/0208 for a Material
Change of Use – Short Term Accommodation situated at 132 Solar Road, Cooroy Mountain,
described as Lot 19 on SP236314 and approve the application subject to the following
conditions.
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the use
continues.
Plans and Documents
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
002623 A Site Plan -
002623 A Floor Plan as amended by Council -
Currency Period
3. This development approval lapses if the use has not happened by 16 March 2029, unless
an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
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Section 5
ORDINARY MEETING AGENDA 16 MARCH 2023
accommodation must not exceed 4.
5. The total number of guests accommodated at any one time must not exceed 8.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
10pm each night.
7. 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.
8. The operation of the approved use must be in accordance with Administration
(Amendment) Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
Contact Person
9. 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 a 20 kilometre radius 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.
Code of Conduct
10. 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.
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.
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Section 6
ORDINARY MEETING AGENDA 16 MARCH 2023
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 5 to
8 of this development approval.
11. The Code of Conduct must be displayed in a prominent location at the premises so that
it can be viewed by guests.
Complaints Management
12. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
13. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
14. 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:
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.
15. 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 16; and
b. the register referred to in condition 18.
Water Supply
16. The development must be provided with a potable water supply. The storage capacity
of the potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
17. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
18. All existing native vegetation located on the site and in the road reserve must be retained
and protected.
ENGINEERING
19. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
20. Directional signage must be provided to direct visitors to the car parking spaces provided
on site.
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Section 7
ORDINARY MEETING AGENDA 16 MARCH 2023
2 PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL WORKS CLEARING OF
VEGETATION AT 11C CHURCH STREET, POMONA
That Council note the report by the Acting Manager Development Assessment to the Planning
& Environment Committee Meeting dated 7 March 2023 regarding Planning & Environment
Court Appeal D14 of 2023 and agree to defend the appeal.
3 SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW – 12
MONTH REVIEW
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
4 NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable and a prescribed conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a declarable conflict of in relation to No. 10 in the list of
applications in the Delegated Authority report as my husband and I have a friendship with Robin Yates,
who is associated with the applicant, Pomona Distilling Co. I also have a prescribed conflict of interest
in relation to No. 15 in the list of applications in the report, as I am a Board Director of Youngcare, which
is associated with the applicant Deluca Charitable Foundation Limited. As a result of my conflicts of
interest, I will leave the meeting room while the matter is considered and voted on.
That Council note the report by the Acting Manager, Development Assessment to the Planning
& Environment Committee Meeting dated 7 March 2023 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 7 March 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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Section 8
ORDINARY MEETING AGENDA 16 MARCH 2023
2 SERVICES & ORGANISATION COMMITTEE REPORT 7 MARCH 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Clare Stewart
Cr Amelia Lorentson
Cr Frank Wilkie
Cr Karen Finzel (non-Committee Councillor)
Cr Tom Wegner (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
T Grauf, Acting Director Corporate Services
L Sengstock, Director Infrastructure Services (via Microsoft Teams)
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 REVISED COMMUNITY ENGAGEMENT POLICY 2023
That Council note the report by the Community Engagement Advisor to the Services &
Organisation Committee Meeting dated 7 March 2023 and adopt the updated Community
Engagement Policy provided at Attachment 2 to the Report.
2 COUNCIL OF MAYORS SOUTH-EAST QUEENSLAND (CoMSEQ) WASTE CONCEPTS
That Council note the report by the Manager Waste and Environmental Health, to the Services
& Organisation Committee Meeting dated 7 March 2023 and approve the progress of projects
through the gateways of the CoMSEQ/PMO process by Council staff.
3 CONTRACT NO. T000072 - DESIGN, SUPPLY, INSTALL AND SERVICE A DIGITAL TWO-
WAY RADIO SYSTEM WITH GPS LOCATION SERVICES – CONTRACT AWARD
That Council note the report by the Disaster Management Officer to the Services &
Organisation Committee Meeting dated 7 March 2023, and:
A. Award Contract No. T000072 for Design, Supply, Install and Service a Digital Two-Way
Radio System with GPS Location Services to Telstra Corporation Limited under a
schedule of rates contract which will include a 12-month servicing and maintenance
period; and
B. Authorise the CEO to delegate the authority to extend the Contract for two (2) further
periods of up to twelve (12) months each for servicing and maintenance, subject to the
performance of the supplier under the Contract; and
C. Authorise the CEO to negotiate the final contract with Telstra Corporation Limited.
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Section 9
ORDINARY MEETING AGENDA 16 MARCH 2023
4 PROPOSED NEW LEASE – SHOP 7 SUNRISE SHOPS
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 7 March 2023 regarding the lease of Shop 7, Sunrise
Shops and:
A. Agree to enter into a commercial lease of the premises to Luke and Kayla Marshall TA
Butchers of Noosa for a five (5) year term, as generally outlined in the report and
attachments;
B. Agree to an initial rent-free period of six (6) months; and
C. Authorise the CEO to award up to two (2) subsequent lease extensions each of three (3)
years, subject to the Lessee complying with the terms of the lease.
Committee Recommendation
That the report of the Services & Organisation Committee dated 7 March 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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Section 10
ORDINARY MEETING AGENDA 16 MARCH 2023
3 GENERAL COMMITTEE REPORT 13 MARCH 2023
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
S Waters Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Rawlings, Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW
– 12 MONTH REVIEW
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Lorentson inform the meeting that I have a prescribed conflict of interest in this matter as my
husband and I own a property at Noosa Parade. Since November 2020 this property has been used for
short term accommodation rental. 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 Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 March 2023 and
A. Note the 12 month review of the Local Law has been completed;
B. Undertake the range of actions identified in this report to improve the implementation of
the Short Stay Letting or Home Hosted Accommodation Local Law, and specifically:
1. Increase staff resources to include two additional local law assessment and
compliance officers on a temporary basis to assess the backlog of applications and
undertake compliance action where required;
2. Undertake compliance and enforcement action on properties operating short stay
letting or home hosted accommodation without an approval or not displaying an
approval notice;
3. Introduce an annual renewal fee on 30 June 2023 for all short stay let and home
hosted accommodation properties on a sliding scale at a rate of:
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Section 11
ORDINARY MEETING AGENDA 16 MARCH 2023
• Detached house $400
• Detached house limited to 4 times and maximum 60 days $100
• Unit $200
• Unit limited to 4 times and maximum 60 days $100
• Home hosted accommodation $100
C. Continue to monitor the implementation of the Short Stay Letting or Home Hosted
Accommodation local law and make improvements where needed; and
D. Continue to liaise with the multi-interest stakeholder group on the implementation of the
local law on an as-needs basis and thank this group for their input into the review process
to date.
2 NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
That the matter lay on the table until the Ordinary Meeting dated 16 March 2023 to allow
Councillors to discuss budget implications.
3 NOOSA HEADS LIONS PAID PARKING – EXTENSION OF PARKING TO 1 MAY 2024
That Council note the report by the Project Manager Special Projects to the General Committee
Meeting dated 13 March 2023 and
A. Note that Council’s resolution on 17 September, 2020 allowed temporary parking in the
Noosa Heads Lions Park on long weekends and school holidays during the Queensland
Government’s Covid 19 Public Health Declaration, principally to accommodate the
South-East Queensland Drive tourism market during interstate and international travel
restrictions that were imposed as a response to the pandemic;
B. Note that the Queensland Government’s COVID 19 Public Health Declaration ended
from October 31, 2022;
C. Note that continued use of the Noosa Heads Lions Park greenspace for car parking on
long weekends and school holidays is contrary to the Department of Resources park
designation, the Noosa Design Principles, the Noosa Plan, The Transport Strategy and
the spirit and intent of Council’s September 17, 2020 resolution;
D. Note that shire-wide free weekend buses, that provide alternative means of accessing
the Noosa Heads precinct, was introduced to the network in February 2022;
E. Discontinue car parking in the Noosa Heads Lions Park on long weekends and
Queensland July and September school holidays after this Easter Period, as per the
September 17, 2020 Council resolution;
F. Approve the use of the Noosa Heads Lions Park Reserve for paid parking during
Christmas and Easter School holidays for a further 12 months, with delegation to the
CEO to reduce the days subject to weather, over the following periods:
• Queensland Christmas school holidays including Saturday 9, Sunday 10, Saturday
16, Sunday 17, Saturday 23 and Sunday 24 December 2023, Tuesday 26
December 2023 to Sunday 14 January 2024, Saturday 20 to 21 January 2024;
• Queensland Easter school holidays from Friday 29 March to Sunday 14 April 2024;
G. Write to the Minister of the Department of Resources to inform of request the intended
proposed use of Noosa Heads Lions Park Reserve for peak period parking during the
above-mentioned periods, and that community engagement and future use of the park
is proposed to be undertaken as part of Noosa Council’s Destination Management Plan;
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Section 12
ORDINARY MEETING AGENDA 16 MARCH 2023
H. Delegate the CEO to work with the Tewantin Noosa Lions Club to determine new paid
carparking pricing for Lions Park that offsets the reduction in revenue and better reflects
the cost of carparking on community greenspace in the Hastings Street precinct;
I. Approve allocation of 50% of the car parking revenue after GST to the Tewantin Noosa
Lions Club and the remaining revenue towards Go Noosa initiatives and park
remediation;
J. That an amount equivalent to 50% of Council’s share of the ‘profit’ from car parking in
the Noosa Heads Lions Park Reserve be held ‘in reserve’ and allocated to recreational
improvements in Noosa Heads Lions Park for residents and visitors alike, noting that the
term ‘profit’ refers to Council’s share of the revenue less costs associated with parking
on the reserve; and
K. Seek community feedback on the use of Noosa Heads Lions Park for car parking as part
of the proposed Destination Management Plan.
L. Request a report to Council advising of traffic modelling and future impact, should the
park no longer be utilised for overflow parking at peak periods.
M. Offer assistance to transition to the Tewantin Noosa Lions Club in sourcing future
fundraising opportunities as they become available.
4 HEALTHY LAND AND WATER FUNDING CONTRIBUTION
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter as I have a
long standing business relationship with Healthy Land and Water Ltd. I subcontract this organisation as
part of my sole trader consultancy (trading as Watershed Australia). Healthy Land and Water provide
me with Geographical Information Systems (GIS) support and mapping services. This business
arrangement commenced in 2017 with invoiced work currently totalling a value of $57,703. 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 Principal Environment Officer - River Strategy &
Engagement to the General Committee Meeting dated 13 March 2023 and authorise the CEO
to enter a 3 (three) year Agreement with Healthy Land & Water to June 2025 in accordance
with Attachment 1 to the Report.
5 FINANCIAL PERFORMANCE REPORT – MARCH 2023
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 13 March 2023 outlining February 2023 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
6 NOOSA COUNCIL BRAND REFRESH
That Council note the report by the Communications and Community Engagement Manager
to the General Committee dated 13 March 2023 and approve the refreshed brand and
associated elements, colour palette and typography provided in Attachment 1 to the Report.
Page 12 of 14
Section 13
ORDINARY MEETING AGENDA 16 MARCH 2023
7 VOLUNTARY FLOOD RECOVERY
PROPERTY ACQUISITION
That Council note the report by the Community Connections Manager to the General
Committee Meeting dated 13 March 2023 and
A. Through the Commonwealth and State Resilient Home Fund, purchase the
property as detailed in the Report for the purposes of the voluntary home buy-
back program, provided that all processes have been satisfactorily completed
with Queensland Reconstruction Authority (QRA);
B. Authorise the Chief Executive Officer to take the necessary action to implement
Council’s decision, including but not limited to making, amending, and
discharging the contractual arrangement/s; and
C. Undertake the necessary actions to fulfil the conditions of the program.
Committee Recommendation
That the report of the General Committee Meeting dated 13 March 2023 be received and be received
and the recommendations therein be adopted except where dealt with by separate resolution.
Page 13 of 14
Section 14
ORDINARY MEETING AGENDA 16 MARCH 2023
9. ORDINARY MEETING REPORTS
Nil
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
1. JOKUBAS KUPREVICIUS
Topic: Flying Fox situation at Waratah Close, Maple Avenue and Hibiscus
Retirement Village
Question 1
Has a management plan been finally created for our current situation and future
situations? If so, we'd like to know what it is, what measures it guarantees and if it's going
to absolutely ensure that the flying foxes are not going establish their colony again next
year? If not, we'd like to hear an exact timeline, reasons for it and future plans for our
communities.
Question 2
We'd like to request that the Council lodge an investigation to the houses that have been
affected the most and allocate relief funds for these houses. Their expenses are of great
significance and we feel as if the council needs to take care of them. Could kindly do
this?
12. NEXT MEETING
The next Ordinary Meeting will be held on 20 April 2023 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
Page 14 of 14