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2015-10-22 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 22 October 2015
6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING MINUTES 22 OCTOBER 2015
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
K Contini, Acting Director Community Services
M Drydale, Director Planning & Infrastructure
M Shave, Director Corporate Services
APOLOGIES
Nil.
The meeting commenced at 6.00pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Bolton
Seconded: Cr Wilkie
The Minutes of the Ordinary Meeting held on 24 September 2015 be received and
confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 12
Section 3
ORDINARY MEETING MINUTES 22 OCTOBER 2015
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
14 OCTOBER 2015 – Cr Wellington, Cr Wilkie, Scott Williams, Cameron Jaggers
External attendees: Debra Stoltz, Denis Byram and Lawrence Liao (Queensland Audit Office
– via teleconference)
The following Recommendations from the Audit & Risk Committee were adopted
without further amendment.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Pardon
The Audit & Risk Committee recommendations dated 14 October 2015 be adopted.
Carried.
1 QUEENSLAND AUDIT OFFICE CLOSING REPORT
The Audit & Risk Committee noted the interim closing report provided by the Queensland
Audit Office (QAO) to the Audit & Risk Committee meeting dated 14 October 2015.
2 INTERNAL AUDIT PROGRAM AND COMMITTEE ACTION ITEMS - UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2015 and adopt the updated Internal Audit Plan for 2015/16
provided at Attachment 1 to the report with the inclusion of Social Media as a potential
future internal audit item.
3 DRAFT FINANCIAL STATEMENTS 2014/15
That Council note the report by the Manager Financial Services to the Audit & Risk
Committee and approve the 2014/15 Annual Financial Statements (provided at Attachment
1 to the report) for signature by the Mayor and Chief Executive Officer.
4 RISK MANAGEMENT PROGRAM UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2015 providing an update on the progress of implementing
Council’s Risk Management Program.
5 WORKPLACE HEALTH & SAFETY UPDATE
That Council note the report by the Executive Manager to the Audit and Risk Committee
Meeting dated 14 October 2015 providing an update on a recent review of Council’s
Workplace Health & Safety System and Plan.
6 DRAFT ANNUAL REPORT 2014-15, LOCAL GOVERNMENT ACT/REGULATION
REVIEW AND NOOSA COUNCIL POLICY REGISTER REVIEW
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 14 October 2015 providing an update on the development of Noosa
Council’s Annual Report 2014-15, Noosa Council Local Government Act and Regulation
Compliance Review and the Noosa Council Policy Register
7 ICT ASSURANCE AND ICT SYSTEMS UPDATE
That Council note the report by the ICT Manager to the Audit & Risk Committee meeting
dated 14 October 2015 providing an update on Council’s ICT security and audit activities.
Page 3 of 12
Section 4
ORDINARY MEETING MINUTES 22 OCTOBER 2015
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
13 OCTOBER 2015 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon
Apology: Cr Playford
Other Councillors in Attendance: Cr Jurisevic
The following Recommendations from the Infrastructure & Services Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
The Infrastructure & Services Committee recommendations dated 13 October 2015 be adopted.
Carried.
1 NOOSA COUNCIL TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE
AUGUST 2015
That Council note the report by the Technical Officer - Transport & Traffic to the
Infrastructure & Services Committee Meeting dated 13 October 2015 detailing the key
outcomes of the Noosa Traffic Advisory Committee and Speed Management Committee
meeting dated 27 August 2015.
2 ADOPTION OF ASSET MANAGEMENT PLANS
That Council note the report by the Infrastructure Planning & Design Manager and the
Asset Planning Coordinator to the Infrastructure & Services Committee Meeting dated 13
October 2015 and:
A. Adopt the following Asset Management Plans subject to minor wording amendments
as discussed at the meeting:
1. Bridges Asset Management Plan;
2. Building & Facilities Asset Management Plan;
3. Foreshore Asset Management Plan;
4. Parks, Playgrounds & Reserves Asset Management Plan;
5. Pathways & Boardwalks Asset Management Plan;
6. Roads & Carparks Asset Management Plan;
7. Stormwater Asset Management Plan; and
8. Waste Infrastructure Asset Management Plan.
B. Request the CEO to provide a report to a future Council meeting on furthering the
advancement of Council’s Asset Management Framework and Plans.
Page 4 of 12
Section 5
ORDINARY MEETING MINUTES 22 OCTOBER 2015
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
13 OCTOBER 2015 – Crs. Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank
Wilkie
Other Councillors in Attendance: Cr Bolton
6 WALLACE PARK FLYING FOX MANAGEMENT PLAN
Council Resolution
Moved: Cr Pardon
Seconded: Cr Wellington
That Council note the report by the Principal Environment Officer to the Planning &
Organisation Committee Meeting dated 13 October 2015 and:
A. Commence public consultation on the Wallace Park Draft Flying Fox Management
Plan; and
B. Provide a further report to Council on the results of public consultation and
recommended flying fox management actions.
Carried.
The following Recommendations from the Planning & Organisation Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
The Planning & Organisation Committee recommendations dated 13 October 2015 be adopted
except where except where dealt with or held over by separate resolution.
Carried.
1 STATE PLANNING REFORM - DRAFT PLANNING BILLS
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – P&O Committee suggest a number of changes to the
recommendation. A revised recommendation will be presented to the General
Committee for consideration.
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A DETACHED
HOUSE AT 38 PARK CRESCENT, SUNSHINE BEACH - MCU15/0070
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Wellington disagreed with the Recommendation.
Page 5 of 12
Section 6
ORDINARY MEETING MINUTES 22 OCTOBER 2015
3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE
AND UTILITY TYPE 3 (TOWER) AT DAVIS ROAD, COOTHARABA (MCU15/0061)
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU15/0061 for a
Development Permit for Material Change of Use for Service & Utility Type 3 (Tower)
situated at Davis Road, Cootharaba and
A. Approve the application in accordance with the conditions contained in the Planning
and Organisation Committee Agenda dated 13 October 2015; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to rural residential
households in the Cootharaba area; and
2. The proposal will not significantly impact on the visual or residential amenity of
the locality as it is to be located near existing infrastructure, and is screened by
existing vegetation.
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING - TYPE 4 CONVENTIONAL FOR 16 UNITS AT 30-32 DOONELLA STREET,
TEWANTIN (MCU15/0053)
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU15/0053 for a
Development Permit for Material Change of Use for Multiple Housing - Type 4
Conventional (16 units) situated at 30-32 Doonella Street, Tewantin and:
A. Approve the application in accordance with the conditions contained in the Planning
and Organisation Committee Agenda dated 13 October 2015; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The multiple dwelling use is existing on the site.
2. The development will provide centrally located small dwelling units with access
to Tewantin’s facilities and services.
3. The development’s small dwelling units will increase residential housing options
in the locality and are likely to be relatively affordable.
4. There is no identified need for further community or infrastructure facilities
within Tewantin and the development will not unduly constrain land available for
commercial uses consistent with the site’s zoning provisions.
5. The development is consistent with the developed character of the area and will
not negatively impact on visual or residential amenity.
5 PLANNING & ENVIRONMENT COURT APPEAL D128/15 FOR A DEVELOPMENT
APPLICATION FOR OPERATIONAL WORKS (CLEARING VEGETATION ) IN AN
ENVIRONMENTAL COVENANT AREA AT 10 SERENITY CLOSE, NOOSA HEADS
That Council note the report by the Environment Officer to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Planning and Environment Court
Appeal D128/15 and agree to defend the appeal.
Page 6 of 12
Section 7
ORDINARY MEETING MINUTES 22 OCTOBER 2015
7 OYSTER RECRUITMENT ASSESSMENT PROJECT
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning
& Organisation Committee Meeting dated 13 October 2015 and:
A. Confirm support for the establishment of a small scale pilot oyster reef restoration
project to build further knowledge in this area of aquatic restoration of the Noosa
Estuary; and
B. Agree to provide in kind technical support to the Thomas Foundation for the
development of a detailed project proposal.
8 UPDATE ON NOOSA COUNCIL’S INFORMATION COMMUNICATION TECHNOLOGY
(ICT)
That Council note the report by the ICT Manager to the Planning & Organisation
Committee Meeting dated 13 October 2015 providing an update on Council’s Information
Communication Technology systems and upcoming initiatives.
9 PROPOSED ASSIGNMENT OF SUNRISE NEIGHBOURHOOD SHOP 2 LEASE 2
GRASSTREE CRT, SUNRISE BEACH
That Council note the report by the Property Officer to the Planning & Organisation
Committee Meeting dated 13 October 2015 and approve the assignment of the existing
contract lease arrangement for Sunrise Neighbourhood Shopping Centre, Shop 2 -
Pharmacy, from KA & RJ Teed to Sunrise Healthcare Pty Ltd on or after 23 October 2015.
10 KIN KIN QUARRY BREACH ACTION
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 13 October 2015 and authorise the Chief Executive
Officer to proceed with further legal action if required in accordance with the proposed
approach set out in the confidential report.
Page 7 of 12
Section 8
ORDINARY MEETING MINUTES 22 OCTOBER 2015
GENERAL COMMITTEE RECOMMENDATIONS
19 OCTOBER 2015 - Crs Frank Wilkie (Chair), Sandy Bolton, Joe Jurisevic, Frank Pardon,
and Tony Wellington
Apologies: Crs Noel Playford and Bob Abbot
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
The General Committee recommendations dated 19 October 2015 be adopted.
Carried.
1 STATE PLANNING REFORM - DRAFT PLANNING BILLS
That Council note the report by the Manager, Planning & Environment, Principal Strategic
Planner and Infrastructure Assessment Coordinator to the Planning & Organisation
Committee Meeting dated 13 October 2015 and make a submission to the Department of
Infrastructure, Local Government and Planning on the draft Planning Bills in accordance
with the following:
A. The Planning & Development Bill and Planning & Development Regulations are not
clear in the decision rules, particularly for those applications which conflict with the
planning scheme. It is considered that where an application conflicts with the
planning scheme, the onus of proof should be on the applicant to prove the merits
of the proposal and justify any inconsistencies. Further, clear grounds and/or
reasons should be required to be provided as part of the decision in order to ensure
a transparent, accountable development assessment system for the community;
B. The definition of material change of use should not be limited to only increases in
scale and density of the premises, as there are circumstances where reducing the
scale of the development does materially change the site’s use. This is particularly
relevant for developments which include an important community use or the like.
For example removing the nursing home component from a retirement village may
have a significant social impact on an area;
C. Case law on the SPA definition of ‘use’ makes it clear that secondary uses forming
part of a primary use must not only be incidental, but also necessarily associated
such that it would be impossible for the primary use to be carried out in the absence
of the incidental use. The definition proposed in the Bill related to ‘use’
fundamentally expands the activities that may be carried out because secondary
activities need not be necessarily associated with the primary use to be considered
part of that use and as a result, lawful. The regulation and enforcement of activities
that were not contemplated as part of a development approval (although ancillary)
may prove problematic for councils and undermine local communities’
understanding of the development process;
D. The removal of the requirement to consider whether a person may make a properly
made submission objecting to change from the minor change test is likely to
undermine the communities input into development assessment matters,
particularly where they may be impacted upon by a proposed change;
Page 8 of 12
Section 9
ORDINARY MEETING MINUTES 22 OCTOBER 2015
E. The Planning Bill maintains and extends the time frame for applicants to be able
revive a development application where it lapses. This ability is not consistent with
the principles for the DA Rules of being an applicant driven process, and is likely to
create administrative problems for councils and lead to significant confusion for the
community, particularly submitters;
F. In the absence of demonstrable net benefit, no change is sought to the existing
levels of assessment or the terms used (i.e. code and impact) in the new legislation;
G. The proposed extension of Infrastructure Designation to privately owned
infrastructure is a significant policy shift and would remove due consideration by the
community, third party appeal rights and the need to comply with the planning
scheme. Infrastructure charges revenue would be forfeited and would result in a
considerable cost shift onto councils and their local communities. Statutory
requirements around community infrastructure should at a minimum enable council
to have a statutory role similar to a referral agency and allow consideration of local
planning instruments in the designation process;
H. Key process matters (including the development assessment process) should not
be moved from the principal legislation and into subordinate legislation, given the
potential negative outcomes for Councils and the broader community. The
framework should be located in one statutory instrument to ensure genuine review
processes cannot be expedited without due consultation and engagement;
I. Attachment 1 of this report which includes comment on Draft Planning Bills
provisions relating to Infrastructure Charges as amended at the Planning &
Organisation Committee dated 13 October 2015;
J. Attachment 2 of this report which includes feedback to the Department of
Infrastructure, Local Government and Planning on the specific issues the
Department requested comment on;
K. The ability to opt-out of an information request in the Development Assessment
Rules is likely to add significant complexity to the development assessment process
without adding value, as an applicant has multiple options in regard to giving a
response to a request for further information. It is critical that Councils and state
agencies retain the ability to raise issues and identify further information that is
required in order to fully understand and assess development proposals. The opt-
out step should be deleted from the Development Assessment Rules;
L. The ability for applicants to determine at what point during the assessment stage
public notification will occur, including prior to a response to responding to an
information request, is likely to significantly complicate the development
assessment process in contravention of the intended outcome. This ‘floating’ public
notification will also impact on local government systems and process due to
inconsistency in regard to when public notification will take place. Further the
purpose of public notification is to assist community members in being informed of
the proposed development, yet a ‘floating’ public notification undermines certainty
and community confidence in understanding the planning processes and
development proposals. It is critical that the community have all the information
about a development proposal, including responses to Council’s information
request, when making submissions to a development application. The public
notification should only occur after responses to the information request have been
received and thus made public.
M. The removal of existing requirements for notices to be placed in local newspapers is
also not supported as it may limit the ability for the community to be aware of
development proposals and engagement in planning and development decisions;
Page 9 of 12
Section 10
ORDINARY MEETING MINUTES 22 OCTOBER 2015
N. The Planning Bill introduces the ability for costs to be awarded in regard to
enforcement notice appeals. However it is unclear in the drafting as to the rules
when costs would be awarded and it is considered that the same criteria as
proposed for development application appeals should apply to enforcement notice
appeals; and
O. The State Government is to be commended in acknowledging that the planning
system must be grounded in local communities and for recognising and supporting
the central role of local government in land use planning and decision making. In
addition, the commitment the State Government has made to providing time and to
consider funding support for local governments to manage a transition process to
new planning legislation is appreciated. Council is also pleased that the former
appeal cost provisions of SPA have been returned.
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A 2
DETACHED HOUSE AT 38 PARK CRESCENT, SUNSHINE BEACH - MCU15/0070
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 13 October 2015 regarding Application No. MCU15/0070 for a
Development Permit for Material Change of Use (detached house) situated at 38 Park
Crescent, Sunshine Beach and issue a Preliminary Approval in accordance with the
conditions contained in the Planning & Organisation Committee Agenda dated 13 October
2015.
3 1516T017 DR PAGES ROAD AND KINMOND CREEK ROAD UPGRADE,
CONSTRUCTION – TENDER ACCEPTANCE
That Council note the report by the Infrastructure Planning & Design Manager to the
General Committee Meeting dated 19 October 2015 and:
A. Award tender 1516T017 Dr Pages Road and Kinmond Creek Road Upgrade -
Construction to Shadforths Pty Ltd for the lump sum price of $4,659,830 (excluding
GST) subject to satisfactorily responding to Council’s request for tender clarification;
B. Allocate an additional $800,000 from Council’s infrastructure renewal budget
allocation for the renewal of culverts along Dr Pages Road in the second quarter
budget review; and
C. Delegate authority to the Chief Executive Officer to make a determination on any
remaining issues requiring clarification.
4
DOCUMENT INFORM AT ION
SEPTEMBER 2015 FINANCIAL PERFORMANCE REPORT
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 19 October 2015 providing the September 2015 monthly financial
performance report for the 2015/16 financial year.
Page 10 of 12
Section 11
ORDINARY MEETING MINUTES 22 OCTOBER 2015
5 NOOSA BIOSPHERE RESERVE FOUNDATION GRANT PROCESS
CUMENT INF ORM ATION
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 19 October 2015 and advise the Noosa Biosphere Reserve Foundation
Board that Council
A. Supports the Board considering expressions of interest that have been submitted to
the Noosa Biosphere Reserve Foundation as part of their grant process, where those
expressions of interest relate to potential projects that require funding beyond 30
June 2016;
B. Notes that the Board cannot provide final approval for any multi-year projects until it
receives Council’s approval pursuant to section 4.2 of the Funding Deed and
requests the Board to seek that approval in due course; and
C. Will consider funding for future financial years for the Noosa Biosphere Reserve
Foundation as part of the Council’s annual budget process in accordance with the
funding agreement.
Page 11 of 12
Section 12
ORDINARY MEETING MINUTES 22 OCTOBER 2015
6 ORDINARY MEETING REPORTS
1 1516T035 ROAD RESURFACING & REHABILITATION - TENDER ACCEPTANCE
DOCUMENT INFORM AT ION
Council Resolution
Moved: Cr Pardon
Seconded: Cr Bolton
That Council note the report by the Civil Operations Technical Officer to the Ordinary
Meeting dated 22 October 2015 and
A. Award tender 1516T035 Road Resurfacing and Rehabilitation to the following
contractors:
1. Portion A – Road Reseal & Rehabilitation Programme: Allroad Surfaces Pty
Ltd;
2. Portion B – Mill and Fill Pavement Repairs: Allroad Surfaces Pty Ltd; and
3. Portion C – Bitumen Sealing: RPQ Spray Sealing;
B. Not award Portion D – Rejuvenation.
Carried.
2 HEALTHY WATERWAYS REPORT CARD
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
That the verbal report by Cr Tony Wellington regarding the Healthy Waterway’s Report
Card announcement including the results for the Noosa River be received and noted.
Carried.
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 19 November 2015 at The J, 60 Noosa Drive,
Noosa Heads commencing at 6pm
10 MEETING CLOSURE
The meeting closed at 6.35pm.
Page 12 of 12