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2019-12-11 Special Meeting Agenda
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AGENDA
Special Meeting
Wednesday, 11 December 2019
commencing at 10.00am
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
SPECIAL MEETING AGENDA 11 DECEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
REPORTS 3
1 NEW NOOSA PLAN – REQUEST FOR ADOPTION TO MINISTER FOR STATE
DEVELOPMENT, MANUFACTURING, INFRASTRUCTURE AND PLANNING 3
MEETING CLOSURE -
Page 2 of 23
Section 3
SPECIAL MEETING AGENDA 11 DECEMBER 2019
REPORTS
1 NOOSA PLAN 2020 – REQUEST FOR ADOPTION TO MINISTER FOR STATE
DEVELOPMENT, MANUFACTURING, INFRASTRUCTURE AND PLANNING
Docum ent info rm ation
Author Director Environment & Sustainable Development and the Strategic
Planning Team
Environment and Sustainable Development Department
Index ECM/ 41.25/ Noosa Plan Planning Scheme
Attachments 1. Consultation Report – consideration of submissions on New Noosa
Plan
2. Final New Noosa Plan Part 1-3 and 5-6 – Track Change version
3. Final New Noosa Plan Part 7 – Track Change version
4. Final New Noosa Plan Part 8-9 Schedule Appendix – Track Change
version
5. Final New Noosa Plan Part 1-6 – Clean version
6. Final New Noosa Plan Part 7 – Clean version
7. Final New Noosa Plan Part 8-10 Schedule Appendix – Clean version
8. Schedule 2.2 – Strategic Framework Maps 1-4
9. Schedule 2.3 – Zone Maps 1-14
10. Schedule 2.4 – Acid Sulfate Maps 1-14
11. Schedule 2.4 – Agricultural Land Maps 1-14
12. Schedule 2.4 – Biodiversity (i) Maps 1-7
13. Schedule 2.4 – Biodiversity (i) Maps 8-14
14. Schedule 2.4 - Biodiversity Riparian (ii) Maps 1-14
15. Schedule 2.4 - Bushfire Hazard Maps 1-14
16. Schedule 2.4 – Coastal Protection Maps 1-14
17. Schedule 2.4 – Extractive Resources Maps 1-14
18. Schedule 2.4 – Flood Hazard Maps 1-14
19. Schedule 2.4 – Heritage & Character Maps 1-14
20. Schedule 2.4 – Landslide Maps 1-14
21. Schedule 2.4 – Regional Infrastructure Maps 1-14
22. Schedule 2.5 – Other Map Koala Airport LGPA
23. Schedule 3 – LGIP Maps Part 1.3.-1.5
24. Schedule 3 – LGIP Maps Part 1.6-1.7
25. Framework & Character Plans
All attachments are provided separately to this agenda.
EXECUTIVE SUMMARY
This report outlines the process for the development of the New Noosa Plan and specifically the
outcomes of the two public notification and community engagement processes undertaken on the
draft Noosa Plan during 2019. It provides an overview of the public submission and notification
processes and summarises suggested changes in response to submissions. This report also
recommends Council endorsement of the final Noosa Plan 2020, Planning Scheme Policies and
Local Government Infrastructure Plan and seeks Ministerial approval for adoption.
Subject to Council’s consideration, the final Noosa Plan 2020 will be forwarded to the Minister for
State Development, Manufacturing, Infrastructure and Planning, in accordance with the Notice
made under section 18(3) of the Planning Act 2016, seeking endorsement from the Minister for
adoption by Council.
The recommendations have been grouped into different themes to allow Council to consider these
issues separately if required.
Page 3 of 23
Section 4
SPECIAL MEETING AGENDA 11 DECEMBER 2019
RECOMMENDATION
That Council note the report by the Director Environment & Sustainable Development to the
Special Meeting dated 11 December and:
Consideration of Submissions
A. Adopt the Strategic Planning staffs’ recommendations within the Consultation Report, which
includes consideration of all submissions, as set out in Attachment 1; and
B. Provide a copy of the Consultation Report to each person who made a properly made
submission, make the Consultation Report available on Council’s website and available to
inspect at Council’s Tewantin administration office;
Consideration of Planning Scheme and Planning Scheme Policies
C. Endorse the Planning Scheme Noosa Plan 2020 and Planning Scheme Policies as at
Attachments 2- 25 ( track change and clean versions) and resolve to proceed with the
proposed planning scheme as amended in response to submissions and errors/fix ups and
give notice to the Minister requesting adoption of the Planning Scheme (Noosa Plan 2020);
Consideration of other Planning Issues
D. In accordance with section 7.9 of the Minister’s Guidelines and Rules 2017, endorse the
Local Government Infrastructure Plan (LGIP) provided as part of the Noosa Plan 2020 in
Attachments 5,7, 23 and 24 proceed with no change to the LGIP that was publicly notified
and as reviewed by an Independent Appointed Reviewer and approved by the Minister for
public consultation, and seek endorsement for adoption of the LGIP as part of the Noosa
Plan 2020 by the Minister for State Development Manufacturing, Infrastructure and Planning;
Consideration of Administrative and other Matters
E. Authorise the CEO to make any minor changes to the Noosa Plan 2020 prior to sign off by
the Minister for adoption;
F. Advise the Minister of Council’s current program for completing its Climate Change
Adaptation Plan and Coastal Hazards Adaptation Plan which may inform future amendments
to the Noosa Plan and further advise the Minister that the Council would accept a requirement
that it must review the Noosa Plan 2020 once the Climate Change Adaptation Plan and
Coastal Hazards Adaptation Plan have been finalised;
G. Advise the Minister of Council’s current program for updating its cultural heritage information
which may inform future amendments to the Noosa Plan; and
H. Note the draft Local Law for Short Term letting is under review in response to submissions,
propose that further consultation with stakeholders occurs in finalising the Local Law prior to
reporting back to Council;
REPORT
Council has undertaken significant community consultation in the preparation of its new Planning
Scheme.
Council formally initiated the preparation of its new planning scheme for the whole of Noosa Shire
on 15 September 2016. The preparation of making a new planning scheme has followed the
process outlined in the Minister’s Guidelines and Rules for making and amending planning
schemes, particularly the Notice pursuant to section 18 of the Planning Act 2016 issued by the
Chief Executive in March 2018.
The process to prepare a new plan commenced with preparation of a Discussion Paper that
expressed numerous policy ideas addressing seven themes and also the localities in Noosa Shire.
The Discussion Paper was released for community feedback between October and December
2016 resulting in approximately 500 suggestions.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
Drafting of the plan took into account a large range of inputs, including a review of the current
Noosa Plan 2006; State Interests and State Planning Policy guidance material; the South East
Queensland Regional Plan 2017; community feedback on the Discussion Paper; many
submissions from individuals as well as various stakeholder groups; and Council’s endorsed plans,
strategies and principles and additional background studies.
A number of recommendations are made on changes to the plan in response to submissions, from
both rounds of consultation on the draft plan. The first round was undertaken from 18 February
2019 until 20 May 2019. As a result of submissions received during this round, a further round of
consultation was undertaken from 12 September until 11 November 2019 on changes considered
significant only.
1. Developing a New Planning Scheme - Community Engagement and Public Notification
1.1. Discussion Paper and Development of Draft Scheme
In deciding to review its Planning Scheme, Council undertook a review of its current Noosa Plan
2006 and prepared a Discussion Paper on the key issues for consideration in preparing its new
Noosa Plan in 2016. As part of this process Council invited the community to have their say on
various ideas for the New Noosa Plan. This was a very successful process and Council received
hundreds of submissions to the Discussion Paper. The development and drafting of the New Noosa
Plan was informed by these submissions as well as a number of background and technical studies.
The process of drafting a new planning scheme is a comprehensive one and took many months to
develop following the initial community input via the Discussion Paper process.
Once Council had a proposed draft planning scheme, it was necessary to work with the State
Government to ensure the scheme met the requirements of the Planning Act, Regional Plan, State
Policy and Ministerial Guidelines on making a planning scheme.
Council staff worked closely with officers from the Department of State Development,
Manufacturing, Infrastructure and Planning (DSDMIP) over many months and with all other state
agencies with interest in Noosa’s Planning Scheme.
On 21 January 2019, the Director General of DSDMIP advised that the State was satisfied that the
proposed planning scheme appropriately integrates the relevant state interests for the Noosa Shire
and that Council can proceed to public consultation on the scheme.
1.2. Public notification of Draft Plan – Round 1
First round consultation on the draft Noosa Plan following State Interest review, formally
commenced Monday 18 February 2019 and closed 20 May 2019.
Through a separate process the draft Local Government Infrastructure Plan (LGIP), which forms
Part 4 and Schedule 3 of the draft planning scheme, underwent State Review and approval was
given by the Minister for the purpose of public notification on 5 November 2018. The New Noosa
Plan incorporating the LGIP were publicly notified 18 February until 20 May 2019.
The consultation report in Attachment 1 provides a full outline of consultation activities undertaken
during this round of consultation on the draft scheme and LGIP, and outlines submissions received,
however in summary consultation included the following activities:
Draft Plan was available on Council’s “Your Say Noosa” website.
The main display was at Pelican Place Tewantin.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
Hard copies of the draft Plan were also on display at Pelican Place and at both the Cooroy
and Noosaville libraries.
Letters were sent to owners of properties proposed to have a zone change other than the
direct transition of zones (e.g. Detached Housing to Low Density Residential), absentee
owners, and consultants in the planning, design or development industry, community groups,
local business network groups and adjoining Councils and local members.
Extensive media advertising including TV, radio and newspaper.
Website, facts sheets and videos.
Social media campaign.
Customer service and drop in ‘chat to a planner’ at Pelican St Tewantin – visited by 775
people, 625 phone queries and 120 email enquiries.
8 Pop us sessions in various locations across the Shire.
Focus Group and Q and A session with various groups and stakeholders including Kabi Kabi
indigenous group.
1.3 Summary of Key issues from Submissions Round 1
Council received approximately 938 unique submissions on the draft Plan first round of
consultation. The majority were from individuals, with a few from groups or organisations.
As previously reported to Council at its September Special Meeting the issue most frequently
raised by submitters was short-term accommodation (approximately 376 submissions) and
specifically the ability to let a residential property, be it a home or an investment property, to short-
term guests.
In addition to the many submissions on short-term letting, the proposed application of the Tourist
Accommodation Zone to sites and areas predominantly used for tourism accommodation also
resulted in many submissions with some property owners objecting to the application of the tourist
accommodation zone, and some resort operators requesting the Tourist Accommodation Zone be
applied to their sites.
Coastal Protection and the coastal building line were of interest to many submitters and there were
a large number of pro-forma submissions relating to the Peregian Beach Surf Club and its future.
A number of site specific rezoning requests were received, some submitters queried the application
of overlays on their property and a number of submissions were received with regard to various
issues in centres and hinterland towns.
1.4 Public notification on ‘Significant Changes’ – Round two
Following review of submissions on round 1 of the draft Noosa Plan, a number of changes were
recommended to the Plan in response to submissions. A number of these were considered
significant and therefore warranted further consultation and public notification on the changed
aspects only.
The Minister’s Guidelines and Rules outlines that where changes are made to the plan in response
to submissions that are considered significant Council must repeat the public consultation process,
but may limit the public consultation to only those aspects of the draft Plan that have changed.
Council advertised the second round of submissions from 16 September to 11 November 2019.
Just over 600 Submissions were received.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
1.5 Summary of significant changes
The primary key change made in response to many submissions related to how the draft plan
proposed to regulate short-term accommodation.
The draft plan as first released for community consultation included parts of Noosaville, Noosa
Heads and the coastal communities within a mapped Short Stay Area. Within this area where short-
term accommodation is already prevalent, the use was consistent and the scheme made it
relatively easy to establish (for instance was acceptable development in a dwelling house).
Conversely if located outside the mapped area, further consideration and assessment of short-
term accommodation as a new use was required via impact assessment.
After receiving hundreds of submissions on this approach, Council determined to remove the Short
Stay Area Maps, due to the perceived inequity in identification of some locations and not others
and take a more consistent approach in using the land use zones to specify whether the use was
consistent or not and what level of assessment would apply. A more rigorous approach was taken
to short-term accommodation in the residential zones and Council determined that short term
accommodation was an inconsistent use in the Local Density Residential zone.
However also in response to submissions more flexibility was provided to enable everyone to short
term let their properties occasionally. Residents wanted the opportunity for short term letting when
they are not in residence or to take advantage of peak holiday periods, it was considered that being
able to short term let for up to 60 days with no more than 4 occurrences throughout the year, is
appropriate.
In addition to these changes, a number of site specific zoning and overlay changes were made in
response to submissions, improved drafting and clarification of code provisions, refinement of
overlays and mapping, further provisions in response to business and industry submissions on
centres and industrial areas, and changes to provisions relating to coastal erosion.
The consultation report in Attachment 1 provides a full outline of consultation activities undertaken
during consultation specific to significant changes to the draft plan, however in summary
consultation included the following activities:
The main display and consultation drop in office was at Pelican Place Tewantin (Council
offices) - open between 9.00 and 2.00pm every week day.
Track change version of ‘significant changes’ was available on Council’s “Your Say Noosa”
website.
Hard copies of the ‘proposed significant changes’ were available at Pelican Place, Council
office Tewantin and at both the Cooroy and Noosaville libraries.
Letters were sent to all submitters whose submissions resulted in significant changes to the
planning scheme, advising them of the change and how to make a further submission.
Letters were sent to properties proposed to have a zone change as a result of submissions.
Extensive media advertising including radio and newspaper.
Website, facts sheets and FAQs on ‘significant changes’.
Social media campaign.
Customer service and drop in ‘chat to a planner’ at Pelican St Tewantin – Customer
service and drop in ‘chat to a planner’ at Pelican St Tewantin – visited by 75 people, 125
phone enquiries and 60 email enquiries.
Focus Group and Q and A session with short stay letting industry representatives.
Page 7 of 23
Section 8
SPECIAL MEETING AGENDA 11 DECEMBER 2019
2 Summary of key issues from Submissions round two on ‘significant changes’ and
proposed changes
2.1 Short-term accommodation
Short-term accommodation continued to be the primary issue of interest, objection and support
during the second round consultation process. Of the approximately 600 plus submissions received
during this round, just over 400 of them were related to short-term accommodation, and half of
those were contained were pro-forma or template submissions.
Many submitters have gone to great lengths to share with Council their individual scenarios,
concerns, frustrations and angst as a result of living next door or in close proximity to properties
used for short-term accommodation and having guests interchange on a regular basis.
Likewise many submitters have provided extensive and considered information in support of their
strong objection to the proposed provisions in the scheme, particularly with regard to short-term
accommodation being impact inconsistent in the Low Density Residential zone, stating the lack of
economic impact and analysis of such a change on the tourism sector and the Noosa economy
more broadly.
Many individual scenarios and submitter circumstances have been shared, staff have read,
reviewed and considered every submission carefully in the final proposed Noosa Plan and key
issues have been drawn out of these submissions. The following provides a summary of key
issues from submissions on short-term accommodation.
The key issues for submitters supporting the revised provisions in the new Noosa Plan for short-
term accommodation are:
General support for short-term accommodation being inconsistent in the Low Density
Residential zone;
Uses should not be allowed that are not consistent with the plan’s stated intent for the Low
Density Residential Zone which is for permanent residential communities, not tourists;
There is adequate supply of tourist accommodation in designated zones and other locations
(including all the prime land in Noosa) and it should not be extended into residential areas;
There are impacts on property prices due to the loss of community and the negative impacts
associated with short-term accommodation;
Absentee property investors hollow out communities by converting permanent dwellings to
short-term accommodation (which is a commercial operation) with only a financial interest
and little or no community interest;
There are negative impacts from short-term accommodation on permanent residents’
lifestyle and liveability;
There are a range of negative impacts on residential amenity, community well-being, social
cohesion and the social fabric;
There are negative impacts on the housing market in terms of loss of permanent housing
stock for purchase or rental, housing choice and affordability;
Short-term accommodation has a range of negative impacts on day to day life of permanent
residents which contrasts with the activities of holiday makers;
Short-term accommodation is incompatible with permanent residential uses as it is a
commercial use of property and the associated use and hours of operation on site are at
odds with normal permanent residential activities;
Many of the impacts associated with short-term accommodation include noise, carparking,
traffic, waste, use of outdoor areas, hours of operation, occupancy numbers and lack of
complaint resolution.
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Section 9
SPECIAL MEETING AGENDA 11 DECEMBER 2019
The key issues for submitters objecting to the revised provisions in the new Noosa Plan for short-
term accommodation are:
Opposition to making short-term accommodation inconsistent in the Low Density Residential
zone;
Opposition to over regulation – it has consequences and people should have rights to do
what they want with their property;
The zoning is inequitable and the legal issues have not been considered;
Removing the possibility for future investment in holiday homes will:
o affect livelihood and lifestyle;
o affect Noosa’s capacity to service future tourism growth and economy;
o reduce holiday accommodation, visitor numbers, visitor spending and investor interest,
particularly at the high end;
Changes are anti-tourism and undemocratic;
No community and economic impact assessment done and there is no data on complaints;
Changes will not help housing affordability as changes will drive investment and short-term
accommodation into higher density zones forcing out tenants;
Owners with existing use rights will have a competitive advantage over those that don’t;
Changes will affect people whose partial or sole income comes from short-term lets and
property values;
Impacts on local employment with reduced business associated with short-term
accommodation;
Need flexibility to future short-term let properties, it reduces choices and rights;
Reduces holiday maker’s choices.
There were further comments and questions raised regarding existing use rights as follows:
Question the legitimacy of existing use rights - as short-term accommodation is a separate
use to a dwelling house, so how can they have existing use rights?
Existing use rights should not be passed to new owners;
How will residential amenity be managed with properties with existing use rights?
Creates distorted property values and different categories of home ownership with those that
have existing use rights and those that don’t;
Expiry of existing use rights if the uses is abandoned (for 12 months), will prevent houses
moving back to permanent rental for fear of losing rights;
There is uncertainty for maintaining existing use rights when rebuilding or when there is
permanent occupation;
Should have flexibility to do both short-term accommodation and permanency without losing
rights;
Properties purchased with an intent to short-term let, or have done so for less than 12
months, should still have existing use rights;
Properties without existing use rights may be compensable with an adverse planning change.
Response to submissions
The continued increase of short-term accommodation (which is essentially a commercially
operated use) within Low Density Residential zones is contrary to the intent of the new Noosa Plan,
the purpose and outcomes of the Low Density Residential zone and outcomes sought for
permanent residential areas.
The overall outcome for the Low Density Residential zone is that “Low density residential
neighbourhoods are home to permanent residents with minimal impact of visitors”. It is considered
that preserving land in this zone for permanent resident and protecting the residential amenity of
low density residential neighbourhoods should take precedence in this zone.
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Section 10
SPECIAL MEETING AGENDA 11 DECEMBER 2019
Dwelling houses in low density residential zones were never intended or designed for visitor
accommodation as The Noosa Plan specifically designated areas elsewhere in the Visitor Mixed
Use zone and allowed for a mix of visitor and permanent in the Attached Housing zones.
While Noosa has had holiday rentals for decades they have not been regulated by Council and the
number has grown substantially through online booking platforms. Any further expansion of this
use into low density residential areas is not supported and is at odds with the purpose of these
areas being primarily for permanent residents of Noosa.
The external impacts on residential communities of short-term accommodation, where whole
properties are let un-hosted is recognised and clearly articulated in many of the submissions
received. The use of a dwelling for what is essentially a commercial operation has the potential
for significant impacts on neighbouring residential amenity due to increased activity levels with the
comings and goings of guests and ancillary support services, increases to dwelling occupancy
from an average of between 2.1 – 2.4 persons (census 2016) or 3.1 – 3.3 (Noosa Plan 2006
potential density) per permanent dwelling to up to 4 – 16 persons in a short-term accommodation
house, and the associated noise, parking, amenity and waste
Catering for the accommodation needs of tourists has always been an important part of Noosa
Shire’s tourism economy and continues to be. However, catering for tourists needs should not be
at the expense of ensuring adequate provision of a range in housing types for permanent residents.
The current Noosa Plan and the draft New Noosa Plan both designate what is considered to be
prime land along Noosa River and throughout extensive parts of Noosaville, Hastings Street,
Sunshine Beach, Peregian Beach, and in Noosa Heads for short-term accommodation. Much of
which has been taken up for this purpose and can continue to be used for this purpose. In addition,
other locations in Noosa Heads are allocated for future tourist accommodation (5 star boutique)
short-term accommodation under the new Noosa Plan.
Further the New Noosa Plan has specifically enabled residents to take advantage of peak holiday
periods, to have more flexibility by renting out their home to short term guests while they temporarily
vacate it for no more than 60 nights a year (over no more than four occasions a year).
The New Noosa Plan preserve current and makes future provision for a wide range of tourist
accommodation types and it is considered that holiday makers have a range of accommodation
choices. The Noosa Plan also seeks to preserve and support these accommodation and tourist
properties for their intended and appropriate use in accordance with the appropriate zoning,
allowing this type of use to continue in low density residential zone is at odds with supporting the
existing tourist/visitor accommodation properties.
The New Noosa Plan further continues to support tourism and visitor accommodation and a range
of other short-term accommodation opportunities including:
Tourist Accommodation zones with an increased number of existing sites in Noosaville and
Noosa Heads now included in the zone compared to the current Visitor Mixed Use zone and
2 significant sites identified for new high end / 5 star visitor accommodation;
Short-term accommodation options in Medium and High Density Residential zones;
Home hosted accommodation (traditional B&B style) in all residential zones, including freeing
up requirements for home hosting from the current scheme making it easier to do;
Short-term accommodation up to 60 nights per year in principal place of residence anywhere
in the Shire;
Designated tourist parks and camp grounds; and
New provisions supporting nature based tourism in the hinterland and rural areas.
Many submissions call for an economic impact study stating the regulation of short-term
accommodation in the Low Density Residential zone will impact the economy. The regulation of
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
short term accommodation is a proper, necessary and considered position based on sound
planning principles and land use planning to both protect residential areas for residential needs
and minimise land use conflicts. It considers that there is already a relatively significant number of
short term let properties available for visitor use, with existing use rights in this residential zone. It
is also important to note that this has occurred not as a result of an intended policy approach or
planned outcome but through the absence of regulation in the face of a market disruption that
policy and planning frameworks did not anticipate. It is considered that this use is in conflict at the
quantum it is occurring in the Low Density Residential zone, being the only zone intended to be
preserved for and primarily residential in the whole Shire.
It is estimated around 40% of Noosa dwelling stock in the Coastal urban area has potential for
short-term accommodation under the provisions of the new Noosa Plan, and a significant amount
more across the Shire as home hosting opportunities are included and made easier in all residential
zones.
Submitters state that it is inequitable that if somebody is not already doing so, they may be unlikely
to be able to short-term let their dwelling in the future in the Low Density Residential zone, while
their neighbours may already be doing so. This is acknowledged, however the making of a planning
scheme requires that broader strategic issues of land use planning, appropriate zoning, managing
and avoiding conflicting land uses and community and housing be considered across the Shire.
Council has produced a discussion paper on the issues associated with the rapid increase in on
line booking platforms and short-term accommodation, and has also drawn on well documented
research, papers and case studies from around Australia and the world in considering its response
to this issue for its community alongside the wealth of information provided to Council by all
submitters.
Despite much suggestion in submissions, the new Noosa Plan is also not going to prevent lawful
existing short-term accommodation from operating in dwelling houses in the Low Density
residential zone.
It’s been recognised for some time that while tourism is highly valued and contributes substantially
to the Noosa Shire economy as a key sector for Noosa, it is important to also diversify the economy
to build resilience. Council’s Local Economic Plan clearly identifies the importance and need for a
more diversified economy to provide for future employment opportunities. To this end the new
scheme specifically includes various changes to grow centres and diversify businesses, further
enables home-based businesses, commit more land to aged care, create a health and wellbeing
precinct, enable the hospital to expand, set aside innovation zones and encourage start up and
creative businesses within precincts in industrial areas.
The issue of Housing affordability has also been the subject of many submissions. It is argued that
the proposed regulatory environment specifically for the Low Density Residential Zone will impact
on property prices, causing some properties to attract higher value (those with existing use rights)
whilst also reducing the short term stock and impacting on the economy and employment of service
providers. It is also argued that without adequate housing and areas for residential development
communities erode. Without adequate housing for permanent residents including families and
workers, there would be a decline in education and training, sport and recreation services, health
care and medical services etc., also potentially impacting the economy and employment. Whilst
acknowledging the concern raised about this issue, it is considered that the Planning Scheme
provides a balanced approach to land use planning, continued support for tourism development,
employment and business opportunities whilst seeking to maintain adequate housing for residents
and workers.
Planning schemes are regularly reviewed and subject to amendments during the life of the scheme
in response to changing State requirements, community, land use and planning situations. All
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
objectives of the scheme will continue to be monitored and the scheme can be reviewed in the
future should circumstances justify it.
Recommended Changes to Noosa Plan regarding Short-term accommodation
It is recommended the provisions proposed in the revised New Noosa Plan as advertised during
the second round of consultation for short-term accommodation, specifically the levels of
assessment for short-term accommodation in residential zones, be retained.
It is further recommended in response to submissions on the impact of short-term accommodation
on the residential amenity within residential zones, which is directly associated with the occupancy
numbers on the premises, to amend the new Noosa Plan to:
limit the use of a premises for new short-term accommodation to a maximum of 5 bedrooms,
consistent with the first draft version of the plan; and
include additional provisions regarding the maintenance of residential amenity enjoyed by
adjoining and nearby neighbours associated with noise impacts.
2.2 Overview of Short Stay Letting Local Law
Separate to the New Noosa Plan, a proposed draft local law for short stay letting was prepared to
regulate the day to day operations of short stay letting. The proposed local law was prepared in
consultation with a group of representatives from short stay property managers and real-estate
agents and drew on research and examples from other Local Governments.
The draft local law proposes to:
regulate the day to day operations of short stay letting for matters including occupancy, noise
and residential amenity, parking, waste and use of outdoor areas;
require the nomination of a responsible person managing the short stay letting;
introduce a code of conduct;
identify when an annual approval is required to operate short stay letting; and
specify all the documents and materials that must be submitted with the application for
approval.
The proposed local law was publicly notified for a period just over 3 weeks from 18 October to 11
November 2019, with approximately 561 submissions received. Some of the submissions related
to the proposed changes to short-term accommodation in the New Noosa Plan, whilst others
related to only the proposed Local Law and many others touched on both the New Noosa Plan
changes as well as the proposed local law for short stay letting. Where this occurred these
submissions were also considered for the Planning Scheme.
Submissions relating to the proposed local law are comprehensive and quite detailed and raise a
number of important issues that require further consideration. It is likely the proposed local law will
have a range of changes in response to submissions and require further legal drafting and possible
further public notification. It is also suggested that further consultation with key stakeholders occurs
in finalising the Local Law.
Following consideration of submissions and issues, a report will be submitted to Council on the
proposed local law. Whist it was the original intention for the proposed local law to take effect with
the New Noosa Plan, it is separate to the land use issues and can therefore be considered at any
time in the future.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
2.3 Zone Changes
When the draft scheme was first released in February 2019 an eastern portion of Noosaville
including properties fronting Munna Crescent, Woorookool Place, Barbados Crescent and Noosa
Parade were included in the Tourist Accommodation Zone. As a result of a number of submissions
received objecting to inclusion in this zone during the first round of consultation the matter was
reviewed and it was determined to change the zone to Medium Density Residential in response to
these submissions. This change was renotified as part of the process of re-notification of
‘significant changes’, with all property owners within the subject area sent a letter advising of the
proposed change.
Consequentially three submissions were received supporting this change while five were received
objecting to it. On balance however given the mix of uses, the built form and the fact that properties
enjoy existing use rights to be occupied by either permanent residents or visitors it is considered
appropriate to maintain the Medium Density Residential Zone. No further changes are proposed.
Additional submissions were received from resort managers disappointed that their resorts are not
included in the Tourist Accommodation Zone, however given these resorts typically have existing
use rights that cannot be extinguished by the next scheme, no further changes are proposed.
2.4 Overlays
The purpose of the Overlays maps is to identify important biophysical features, values or
constraints and provide assessment criteria within the overlay codes. They change the level of
assessment in the tables of development for some land uses and this varies depending on the
overlay. The Overlays relate to:
Biodiversity, Waterways and Wetlands including riparian buffers
Agricultural land conservation
Flood hazards
Coastal protection areas for coastal erosion and scenic amenity
Bushfire hazards
Acid sulfate soils
Landslide hazard
Regional infrastructure
Extractive resources
Heritage and character values
Site specific changes to mapping and overlay codes have been made in the final Noosa Plan,
these typically relate to specific sites and are detailed in Appendix 1.
2.4.1 Significant Changes to Coastal Protection & Scenic Amenity Overlay
During the first round of consultation a significant number of submissions were received on the
Coastal Protection overlay and map. In response to this, Council made changes to these including
removing the local coastal building line from the overlay map and amendments to the code to
reflect the current scheme’s Coastal Protection Overlay. These changes were re-notified as part
of the second round of amendments. A further 6 submissions were received on this issue. No
further changes are proposed.
2.4.2 Significant Changes to Riparian Buffer Areas
The Riparian Buffer Areas along waterways provide protection of waterway values from potential
development impacts. Changes were made to the riparian buffers that formed part of the
‘significant changes’ for further advertising. The change involved increasing the width of some
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riparian buffers to reflect the buffer widths in the current Noosa Plan. This was to ensure there is
no reduction in protection for these sensitive areas to safeguard habitat, healthy ecological
processes and water quality. Two submissions were received on riparian buffers following these
changes. No further changes are proposed.
2.5 Pomona
Some 90 submissions (mostly form letters) were received objecting to the Medium Density
Residential Zone in Pomona during the second round of consultation. This zoning was not a
significant change, other than on one site and had been in place in the draft plan since first
advertised in February 2019. It also generally reflects the current planning scheme which
commenced in 2006 wherein these properties are similarly zoned Semi-attached Housing to
accommodate duplexes or multiple housing. With the introduction of the new Planning Act new
titles of zones were also introduced, the Medium Density Residential Zone is considered to be
generally the direct translation zone for the previous Semi-attached Housing zone. No further
changes are proposed in response to submissions in the final plan with regard to the Medium
Density Residential zone in Pomona.
A number of zoning changes were made as part of the significant changes following submissions
received on the rezoning of Detached Housing properties in Reserve Street, Mountain Street and
Pottery Street to Rural Residential zone. Many of these properties were then changed to part Low
Density Residential and part Environmental Management and Conservation to better reflect areas
suitable for urban development and overlay constraints. Some minor changes to individual
properties are proposed in response to subsequent submissions. These relate to specific sites and
are detailed in Attachment 1 in response to submissions.
2.6 Centres
The majority of submissions received on centres during consultation related to the Major Centre
Zone being Noosa Business Centre and Noosa Junction. Approximately 70 submissions were
received on centres in total, with 60 relating to the Major Centre Zone. Submissions included
support for Framework and Character Plans, allowing for mixed use buildings incorporating small
dwellings in centres and new provisions increasing the development potential for both major
centres with amended built form provisions. Concerns were raised regarding gross floor area caps
on retail, building height, introducing new precincts, and interface issues with adjoining
development.
As a result of submissions received in the first consultation a number of significant changes were
made to the Major Centre Zones and are detailed below.
2.6.1 Noosa Business Centre
For Noosa Business Centre (NBC) a number of submissions relating to significant changes to the
draft plan included changes to land zoning along the western side of the NBC centre with the Major
centre zone extending further south and the removal of the Low Impact Industry zone.
There was also number of changes to Precincts in the NBC which were made and re-notified. The
Small Scale Business Precinct has been replaced with an extension of the northern Showroom
Precinct allowing for additional retail gross floor area of 3,500m² of showrooms and the remainder
being included in the Business Park Precinct.
The western end of the High Density Residential Precinct along the northern side of Hofmann Drive
has been amended to Business Park Precinct in response to concerns raised from existing industry
businesses and potential for reverse amenity impacts from having housing so close.
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There has also been a change to the Village Mixed Use Precinct boundaries to enable more active
frontages along the eastern side of the proposed main street at the Shire Business Centre and
corresponding change to the adjoining High Density Residential Precinct. There have also been
some amendments to setbacks and amenity provisions for High Density Residential Precinct.
Four Noosa Business Centre submissions related to the changes in precincts, gross floor area
caps, and interface issues with existing industry and residential developments. These concerns
were considered and it was concluded that no further changes be made to the New Noosa Plan.
2.6.2 Noosa Junction
For Noosa Junction, responses to submissions resulting in significant changes included that the
consistent uses for the southern side of Bottlebrush Ave in the Major Centre Zone was revised to
limit uses to those that have low potential for amenity impacts, such as offices due to proximity to
residential. Submissions also called for reduction in car parking requirements, in response the car
parking rate for offices in Noosa Junction was also amended to one space per 20m² for the ground
floor; and one space per 30m² for the second and third floors. A provision is also included to allow
for the substitution of motorcycle spaces for car spaces as per the current Noosa Plan.
A number of submissions were also received in relation to the Hospitality precinct and concern
raised regarding noise and amenity impacts from entertainment uses as well as the level of
assessment within the precinct for entertainment use being code assessment rather than impact
assessment. As a result of these submissions the Entertainment Activities Code was reviewed
including amending the operating hours within the precinct. Specific entertainment uses such as
bars and nightclubs outside the boundary of the precinct remain impact assessment.
A number of submissions also recommended the scope of small dwellings be increased to allow
for greater flexibility. As a result the definition of a small dwelling has been amended to be a
dwelling that has no more than 100m² of GFA (gross floor area). Previously it was a maximum
GFA of 90m². Submissions also related to minor locality specific amendments to the Framework
and Character plans such as the location of pathway links and further clarity of key development
sites.
The second round of consultation resulted in approximately 10 submissions related to issues such
as car parking rates in Noosa Junction and the viability of redevelopment and specifically in relation
to Council’s Car Parking contribution in lieu policy and associated rates. This policy sits outside
the Planning scheme and can be reviewed by Council at any time. These issues were considered
and it was concluded that no further changes be made to the New Noosa Plan.
Concern was also raised about increasing the size of small dwellings in centres as this could allow
3 bedroom dwellings rather than 2 bedroom dwellings and the implications for additional car
parking needs. This is acknowledged and the car parking rates for small dwellings has been
revised in the Driveways and Car Parking Code.
2.7 Industry
For Industry zones, 12 round one submissions were received regarding caretakers
accommodation, landscaping requirements, providing greater flexibility for new enterprise and site
specific uses such as concrete batching plants and other undefined uses.
As a result of these submissions received the following significant changes were made and
renotified:
Allowing for caretaker’s accommodation to be considered through code assessment rather than
impact assessment. The Tables of Assessment for both Low and Medium Impact Industry Zones
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were amended to make caretaker’s accommodation subject to code assessment where they:
• have a gross floor area no greater than 65m²; and
• are on a site with an area of at least 2,000m² or are not located within 100 metres of any
other caretaker’s accommodation.
To cater for more flexible business models which are occurring in industrial areas, the Venture
Drive Precinct in the Medium Impact Industry Zone will allow for an additional complementary use
to be no more than 10% gross floor area that can be used for an ancillary business.
In the Low Impact Industry Zone a new precinct has been added called the Gateway West Makers
Precinct. This precinct reflects the boutique nature of business in this location as well as the
flexibility in allowing for start-ups, creatives and service trade industries as well as complementary
uses to reflect new enterprise models. This will also include appropriate provisions in the Low
Impact Industry Code and a new Table of Assessment to enable this.
Changes also included the removal of the northern portion of 178 Eumundi Noosa Road (most
northern portion of the Bunnings site) from the Venture Drive Enterprise Precinct as requested by
the owner.
Three submissions on the second round were received with two supporting this more flexible
approach with one suggesting that dwelling units should also be allowed (however this is not
supported). No further changes are proposed in response to this submission.
2.8 Codes and Building Provisions
The Low Density Housing Code has been amended to correct some drafting issues and to ensure
consistency with the Queensland Development Code as well as responding to submissions from
Building Certifiers.
The Driveways and Car parking Code has been revised responding to submissions received from
Noosa Junction relating to car parking including for small dwellings and the correction of some
minor drafting errors.
2.9 Other administrative and technical changes
Other minor changes have been made to further refine and clarify provisions as well respond to
minor planning issues for consistency in approach.
2.10 Summary of changes to the Final Noosa Plan
As outlined in summary above the second round of consultation on ‘significant changes’ resulted
in numerous submissions, many of which confirmed support for the change, however many sought
further changes or objected to the change. Some changes have been made in response to second
round submissions, however it is determined these changes are not considered ‘significant’ as
guided by the Minister’s guidelines and rules for making a planning scheme. It is therefore
proposed that the final changes as described in this report and attachments be made to the Noosa
Plan for endorsement by Council and forwarding to the Minister to endorse for Council adoption.
3 State Interest and State Planning Policies
3.1 Coastal Protection, natural hazards, erosion prone areas
As outlined above, significant changes have been made to the Coastal Protection and Scenic
Amenity Overlay code and mapping in response to first round submissions, with no further changes
proposed from the draft that was publicly re-notified. Commentary is proposed to be included in
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the new planning scheme (part 2 of the New Noosa Plan) that at this point, Council has only partly
integrated State Planning Policy for natural hazards, risk and resilience (erosion prone areas).
Council carefully considered this issue and determined that as Council is currently in the process
of preparing a Coastal Hazards Adaptation Plan (CHAP) under the State’s QCoast2100 program,
Council will finalise this process and consider any future changes to the Noosa Plan in accordance
with the CHAP.
The State is contributing $490,000 to the development of the CHAP.
Council should advise the Minister of this appropriate and considered sequence of planning and
programming for completion of the CHAP. The Minister will likely consider a condition of approval
seeking Council to submit potential future amendments to the Noosa Plan following its CHAP. It
will speed up the assessment process by the State if the Council acknowledges the potential for
such a condition to be imposed and Recommendation H is framed accordingly.
3.2 Cultural Heritage
During the state interest review process prior to the first round of consultation, the Minister advised
Council that the scheme adequately addressed state interests for cultural heritage, noting that the
cultural heritage information supporting the planning scheme would be reviewed to inform a
subsequent planning scheme amendment.
Council is currently reviewing the Heritage Study for Noosa Shire including the heritage sites
register which informs the list of heritage places in the Noosa Plan. Following completion of this
review, further changes to the list of heritage places in the Noosa Plan may be recommended for
the first round of amendments.
3.3 Key Resource Area
The State amended the boundary of the key resource area (KRA) 57 at Wahpunga Range to
reduce the size of the KRA and requested Council to reflect this in the draft plan. These changes
were included in the planning scheme. No submissions were received in response to the KRA
boundary, however some changes minor are recommended to Extractive Resource Overlay Code
and table of assessment in response to submissions.
4 Local Government Infrastructure Plan (LGIP)
On 16 August 2018, Council resolved to endorse the draft Local Government Infrastructure Plan
(LGIP) for the new Noosa Plan for the purpose of review by an Appointed Reviewer, Minister’s
review and public notification. Public notification of the LGIP occurred concurrently with the first
round of consultation on the new Noosa Plan.
Seven (7) Submissions were received during the public notification period relevant to the LGIP
which have not resulted in any recommended changes.
Following Council’s endorsement of the final version of the LGIP (Part 4 and Schedule 3 of the
new Noosa Plan) as detailed in Attachment 5,7, 23 and 24 a further review by the Appointed
Reviewer is required prior to submitting to the Minister for final approval. Given there has been no
change to the LGIP since the last independent review, it is anticipated that this should be a straight
forward process.
The Local Government Infrastructure Plan (LGIP) forms parts of the New Noosa Plan and is
included as Part 4 and Schedule 3 of the Plan. The LGIP was prepared separately to the new
Noosa Plan in accordance with the Minister’s Guidelines and Rules 2017 and was signed off by
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
the Minister for public notification. As the LGIP forms part of the planning scheme it was publicly
notified concurrently with the new Noosa Plan. The purpose of the LGIP is to:
integrate infrastructure planning with the land use planning identified in the planning scheme;
provide transparency regarding a local government’s intentions for the provision of trunk
infrastructure;
enable a local government to estimate the cost of infrastructure provision to assist its long
term financial planning;
ensure that trunk infrastructure is planned and provided in an efficient and orderly manner;
provide a basis for the imposition of conditions about infrastructure on development
approvals.
5 Local Law Advertising Devices
During the preparation of the new Noosa Plan, it was decided to regulate advertising devices in a
new local law, rather than the planning scheme. Amendments were prepared to Council’s local
laws to consolidate current advertising device provisions operating under The Noosa Plan and two
local laws (proposed Advertising Devices local law) into one new Local Law.
The proposed Advertising devices local law aims to:
avoid big city symbols such as large and loud signage;
reduce the visual clutter of advertising signs and negative impacts on the streetscape
character, particularly along gateways, entry points and main streets;
enforce compliance with advertising sign requirements;
review and strengthen existing advertising sign requirements; and
introduce a new regulatory framework to achieve the above objectives.
The proposed Advertising Devices local law was publicly notified on two (2) occasions for an initial
period of 7 weeks and again for 3 weeks with a revised version. 302 public submissions were
received during the first public notification period. Following this, the proposed local law was
revised and re-notified with 12 public submissions being received.
A report will be submitted to a future Council meeting on the results of the public notification
process and final version of the proposed Advertising Devices local law for adoption. The proposed
Advertising Devices local law is proposed to take affect when the new Noosa Plan commences.
6 The new Noosa Plan
The new Noosa Plan has been a complete re-write under new legislation, within the context of a
new State Planning Policy and including all new zones and land use definitions. The new Noosa
Plan 2020 will replace the current Noosa Plan 2006 once adopted and endorsed by the Minister.
Council and the community should be confident that the Noosa Plan continues to enshrine the core
planning and policy aspects that have been so critical to Noosa over the years. It continues to;
maintain a strong approach to environmental protection and management of Noosa’s natural
assets;
protect the lifestyle and amenity of Noosa Shire residents;
maintain the boundaries and character of distinct towns and villages;
maintain a modest upper limit on development capacity within the Shire whilst providing for
a greater diversity and choice of housing;
enable sustainable development outcomes, respectful of and responsive to natural values
and natural hazards;
respond to and plan for the differing needs of a diverse community in terms of housing choice,
employment opportunities, community infrastructure, aged care, transport and accessibility
etc.;
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facilitate and enable a range of employment and business opportunities, largely within
centres and industrial areas but also including rural and home-based enterprises;
cater for productive rural pursuits to co-exist with nature conservation and lifestyle aspirations
in the hinterland;
include consistent, clear messaging that development within Noosa Shire is expected to be
of a high design quality and integrate with the landscape and landform;
facilitate a visitor experience which is different to that offered by other South East
Queensland destinations and which is not at odds with the lifestyle of residents;
provide for a diversity of tourist and visitor accommodation offerings, from home hosted, short
stay, to nature based and tourist resorts;
take a place-based approach with local area plans and the use of precincts to distinguish the
discreet differences between centres or industrial areas;
free up the requirements for many land uses and provide more flexibility to interchange
business uses in centres;
reduce levels of assessment for many uses, approximately 75 examples of reduced levels
of assessment; and
be a robust land use and planning framework that provides a strategic decision making
framework to guide development assessment and Council decision making for Noosa.
The New Noosa Plan has been prepared in a digital platform, called E Plan. This platform offers
an easy to use, intuitive and interactive user experience. A user guide and implementation
guidance will be available upon adoption of the new Noosa Plan.
Officers are satisfied the new Planning Scheme has been developed in accordance with the
Planning Act, Ministerial Guidelines and Chief Executive notice, that the planning scheme
advances the purposes of the Planning Act and provides a contemporary, robust and balanced
framework to guide development and land use for our Shire, while firmly and clearly enshrining the
objectives of the Act, the regional plan, State planning policies and Noosa Shire sustainability
values.
7 Next Steps
In accordance with the Ministers Guidelines and Rules for making a planning scheme and the
Notice made under section 18(3) of the Planning Act 2016, this report seeks Council endorsement
of the consultation report, the Noosa Plan (as amended post consultation) and to seek
endorsement from the Minister for adoption of the Final Noosa Plan.
Subject to Council’s consideration, officers will submit all documentation endorsed by Council to
the Department of State Development, Manufacturing, Infrastructure and Planning for a final state
review and to seek Ministerial sign off for Council to adopt the New Noosa Plan.
The Minister must advise Council that it can either:
adopt the proposed planning scheme; or
apply conditions that must be complied with prior to adoption of the proposed planning
scheme; or
advise if the proposed planning scheme may not be adopted and the reasons why.
Once Council receives advice from the Minister a report will be presented to Council for final
adoption and then gazettal of the New Noosa Plan.
A range of guidance material will be developed to support the implementation of the New Noosa
Plan 2020.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
Previous Council Consideration
In December 2015, Council considered a report that provided an overview of the timeline, resource
requirements, estimated budget and other considerations for undertaking a new planning scheme
project. Consequently, budget provision was made for preparing the new scheme and assembling
a project team.
Ordinary Meeting, 17 December 2015, Item 3, Page 7
That Council note the report by the Special Projects Officer and Director, Planning & Infrastructure
to the Planning & Organisation Committee Meeting dated 8 December 2015 and:
A. Note the draft project brief for the new planning scheme project; and
B. Authorise the CEO to make an application to the Minister for an extension of time to amend
Council’s Priority Infrastructure Plan in accordance with the Local Government and Other
Legislation Amendment Act (No. 2) 2015 amendments to the Sustainable Planning Act
(2009) (SPA) sections 997, 979, 983 and 996.
In September 2016, Council resolved to prepare a new planning scheme. The resolution was made
and acted upon pursuant to the Sustainable Planning Act 2009.
Ordinary Meeting, 15 September 2016, Item 5, Page 8
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 September 2016 in relation to the proposal to prepare a
New Planning Scheme and:
A. Endorse the document The Noosa Plan 2006 - Ten Year Review as provided at Attachment
1 to the report;
B. Propose to prepare a new Planning Scheme for the whole of Noosa Shire;
C. Authorise the Chief Executive Officer to prepare a Statement about State Interests; and
D. Advise the Minister of this decision.
In November 2017 Council resolved to make a new Planning Scheme under the new Planning Act
2016.
Ordinary Meeting, 16 November 2017, Item 2, Page 4
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 7 November 2017 and:
A. Discontinue preparation of the new Planning Scheme under the Sustainable Planning Act
2009;
B. Propose to make a new Planning Scheme for the whole of Noosa Shire under the Planning
Act 2016;
C. Advise the Minister of this decision;
D. Authorise the Chief Executive Officer to prepare an amended Statement about State
Interests and to consult with the Chief Executive of the Department about the matters to be
included in the notice under Section 18 of the Planning Act; and
E. Adopt the Draft Communications Strategy (Summary) as set out in Attachment 2 to the report
in principle and request that Chief Executive Officer provide a further report to the Council
regarding a detailed community consultation activities plan at the time the Council re-
considers the draft planning scheme following the first state interest review.
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
In May 2017 Council endorsed the proposed new Planning Scheme for the purpose of State
Interest review.
Special Meeting, 29 May 2017, Item 2, Page 2
That Council note the report by the Planning Scheme Project Manager to the Special Meeting
dated 29 May 2018 regarding the proposed new Planning Scheme and:
A. Endorse the proposed new planning scheme for the purpose of a state interest review;
B. Give notice to the Chief Executive of the Department of State Development, Manufacturing,
Infrastructure and Planning of this decision;
C. Authorise Council’s Chief Executive Officer to consult with the Chief Executive of the
Department of State Development, Manufacturing, Infrastructure and Planning about issues
arising from the state interest review and to prepare consequential amendments to the
proposed planning scheme for Council consideration;
D. Authorise Council’s Chief Executive Officer to undertake minor edits to the proposed
planning scheme including to correct any anomalies; and E. Note that a further draft of the
planning scheme will be presented to Council following the state interest review for the
purpose of endorsement for community consultation.
In August 2018 Council endorsed the draft Local Government Infrastructure Plan (LGIP) for the
new Noosa Plan for the purpose of review by an Appointed Reviewer, Minister’s review and public
notification. Public notification of the LGIP occurred concurrently with the first round of consultation
on the new Noosa Plan
Ordinary Meeting, 16 August 2018, Item 1 Page 11
That Council note the report by the Principal Strategic Planner and Infrastructure Assessment
Coordinator to the Planning & Environment Committee Meeting dated 7 August 2018 regarding
the Draft Local Government Infrastructure Plan (LGIP) for the New Noosa Plan and:
A. Endorse the Draft Local Government Infrastructure Plan (LGIP) for the New Noosa Plan and
supporting information provided at Attachment 1 to the report for the purpose of review by
an Appointed Reviewer and the Minister for Local Government and Planning;
B. Engage an Appointed Reviewer to undertake a compliance assessment of the Draft LGIP;
C. Authorise Council’s Chief Executive Officer to:
i. Make changes to the Draft LGIP arising from the Appointed Reviewer’s assessment
where they are not significant and do not alter policy;
ii. Write to the Minister for Infrastructure and Planning requesting a review of the
proposed draft LGIP and the Minister’s approval to commence public consultation on
the proposed Draft LGIP;
iii. Make amendments to the draft LGIP if required by the Minister to gain approval; and
iv. Follow the statutory process outlined in the Minister’s Guidelines and Rules including
undertaking public consultation on receiving the Minister’s approval.
In February 2019 Council endorsed the Draft New Noosa Plan for the purposes of public
consultation.
Special Meeting, 14 February 2019, Item 2, Page 3
That Council note the report by the Principal Strategic Planner to the Special Council Meeting
dated 14 February 2019 and:
A. Endorse the draft planning scheme (Draft New Noosa Plan) provided at Attachment 1, for
the purpose of public consultation from Friday 15 February 2019 until Monday 20 May 2019;
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SPECIAL MEETING AGENDA 11 DECEMBER 2019
B. Authorise the CEO to remove the confidentiality associated with Attachment 1 at 8.30 am
Friday 15th February at which time the formal statutory public notification of the draft planning
scheme begins; and
C. Endorse the Community Engagement Plan provided at Attachment 2, which outlines the
program for engaging with the community on the draft scheme.
In September Council considered submissions on the Draft New Noosa Plan and made changes
to the Noosa Plan that were considered significant and warranted further consultation.
Special Meeting, 12 September 2019, Item 1, Page 5
That Council note the report by the Director Environment & Sustainable Development to the
Special Meeting dated 12 September 2019 and the further report to the Special Meeting dated 12
September 2019 and:
A. Endorse the proposed changes to the draft New Noosa Plan considered significant, outlined
in Confidential Attachments 1 and 2 and Attachment 4, but with a change to Attachment 3
which makes impact assessable short-term accommodation inconsistent in the low density
residential zone, and undertake further public notification of these changes for a period of
40 days in accordance with the Section 18(3) Notice from the Chief Executive Department
of State Development Infrastructure Manufacturing and Planning, regarding making a
planning scheme under the Planning Act 2016;
B. Endorse the proposed changes to the draft New Noosa Plan considered significant, outlined
in Confidential Attachment 1 to the further report and undertake further public notification of
these changes for a period of 40 days in accordance with the Section 18(3) Notice from the
Chief Executive Department of State Development Infrastructure Manufacturing and
Planning, regarding making a planning scheme under the Planning Act 2016;
C. Authorise the CEO to remove the confidentiality associated with Confidential Attachments 1
and 2 to the original report and Confidential Attachment 1 to the further report at 8.30am 16
September 2019, at which time public notification of the significant changes to the draft New
Noosa Plan begins;
D. Authorise the CEO to make minor changes to the draft New Noosa Plan prior to public
notification;
E. Note Attachment 5 outlining the proposed process and activities for public notification of the
significant changes to the draft New Noosa Plan.
Finance
The preparation of Noosa Council’s New Noosa Planning Scheme has followed a statutory
procedure and tailored instructions from the State Government in accordance with the Planning
Act 2016. The preparation of the Planning Scheme has involved a dedicated project team,
technical consultants and legal and peer review processes, as well as extensive community
engagement as summarised in this report and attachments. A significant financial and resource
investment has been made in this process. The preparation of the New Noosa Plan began in 2016,
it is anticipated that the final Plan will be adopted and implemented in early 2020.
Risks & Opportunities
The current Planning Scheme, while amended numerous times, dates back to 2006 and was
written in accordance with the Integrated Planning Act. It is imperative that a new Planning
Scheme, which is not only compliant with the Planning Act 2016, reflective of revised State
Planning Policies and responds to current trends and challenges, be adopted.
The public notification of the draft Plan resulted in significant community input and submissions.
Consideration of all submissions has resulted in a number of proposed changes to the plan.
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Consultation
External Consultation - Community & Stakeholder
This report provides the outcomes of extensive community consultation undertaken during the
preparation of the new Noosa Plan, considers submissions received during two rounds of
consultation and makes recommended changes in response to submissions to the final Noosa
Plan 2020.
Submissions made by individuals and groups to either round of consultation, have been reviewed
and summarised in the attached consultation report. Full details of the consultation processes and
further information is provided at Attachment 1. A copy of the consultation report and how
submissions have been considered will be made available to all submitters.
Internal Consultation
Various Sections of Council have been consulted throughout the stages of development and in the
preparation of the New Noosa Plan.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement X Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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