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2021-05-17 General Committee Minutes
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MINUTES
General
Committee Meeting
Monday, 17 May 2021
10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development
M Shave, Director Executive Services (for report 6)
The meeting commenced at 10.00am.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
The Minutes of the General Committee Meeting held on 12 April 2021 be received and
confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 10
Section 3
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
5 ITEMS REFERRED FROM COMMITTEES
1 MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST, NOOSA
HEADS
Motion
Moved: Cr Wilkie
Seconded: Cr Lorentson
That Council note the report by the Manager Development Assessment to the Planning
& Environment Committee Meeting dated 11 May 2021 regarding representations made
in relation to Application No. MCU20/0106 for a Development Permit for Material Change
of Use - Food and drink outlet situated at 1 Arcadia St Noosa Heads and:
A. Agree to amend conditions 3, 6 and 9 to read as follows:
3. The approved use must not can operate outside during the hours of 6am to
12am, 7 days a week. , except that use of the outdoor dining must cease at
10pm Sunday to Thursday.
6. Amplified music must cease to operate in outdoor spaces by:
a. 9pm Sunday – Thursday
b. 10pm Friday and Saturday
9. Any solid structure for the required planter boxes/pots must have an
interesting finish to enhance the softening effect of the landscaping.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Amendment No.1
Moved: Cr Stewart
Seconded: Cr Finzel
That Item C be added to read:
C. That the CEO be requested to include a review of the operating hours of licenced
premises which includes outdoor dining as part of the next package of
amendments of the Noosa Plan 2020 and that as part of that review process,
consultation occur with the community and business associations.
Carried unanimously.
Amendment No.2
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Item B amended to read:
B. Include the following additional conditions:
15. Noise emanating from the internal premises and outdoor dining area
including amplified or non-amplified noise and patron noise must not exceed
75 dB(C) between 6.00am to 12.00am fast response, when measured
approximately 3 metres from the primary source of the noise.
16. Entertainers or speakers used to amplify noise must not be located in any
outdoor dining area.
Page 3 of 10
Section 4
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
17. All amplified noise at the premises must be conducted through a sound
limiting device at all times to ensure that noise does not exceed levels
prescribed in the conditions of a licence.
18. The sound limiting device is to have a locking mechanism, which is to be
locked at all times except for inspection or maintenance work on the device.
19. Access to the sound limiting device, except for maintenance work, is
restricted to the licensee, nominee and the person in charge of the premises
at any time.
20. The sound limiting device must be checked and if necessary calibrated by a
qualified acoustic engineer at least every 12 months to ensure compliance
with the conditions of this licence. Evidence of the sound limiting device
calibration must be made available to an authorised person on request.
And that the original Item B be moved to be Item D:
B. D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Lost unanimously.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Manager Development Assessment to the Planning
& Environment Committee Meeting dated 11 May 2021 regarding representations made
in relation to Application No. MCU20/0106 for a Development Permit for Material Change
of Use - Food and drink outlet situated at 1 Arcadia St Noosa Heads and defer
consideration of the application to the Ordinary Meeting for consideration of a Further
Report addressing the following issues:
A. More information about what different noise levels mean in practical terms and in
the context of this application at Noosa Junction; and
B. An indication of relevant similar conditions in recent approvals for hospitality
operations in the Noosa Heads, Noosa Junction, Noosaville and Sunshine Beach
areas.
Carried unanimously.
2 MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF THE SUNSHINE
COAST
Motion
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 11 May 2021 and:
A. Agree to enter into a Memorandum of Understanding with the University of the
Sunshine Coast which will enable Noosa Council and the University of the
Sunshine Coast to develop a productive long-term working relationship with the
opportunity to develop specific projects that will benefit both parties;
B. Appoint the Chief Executive Officer as Council’s Co-Chair of the Management
Committee under the Memorandum of Understanding; and
Page 4 of 10
Section 5
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
C. Appoint Cr < > as Council’s representative on the Management Committee Have
rotating Councillor representation on the Management Committee on an annual
basis with the following Councillors to undertake that role in this order:
1: Cr Finzel
2. Cr Lorentson
3. Cr Wegener
Amendment No. 1
Moved: Cr Stockwell
Seconded: Cr Finzel
That Item D be added to read:
D. Request the Chief Executive Officer and the relevant Councillor to provide a report
to Council on an annual basis regarding progress and actions taken in respect of
the Memorandum of Understanding with the University.
Carried unanimously.
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 11 May 2021 and:
A. Agree to enter into a Memorandum of Understanding with the University of the
Sunshine Coast which will enable Noosa Council and the University of the
Sunshine Coast to develop a productive long-term working relationship with the
opportunity to develop specific projects that will benefit both parties;
B. Appoint the Chief Executive Officer as Council’s Co-Chair of the Management
Committee under the Memorandum of Understanding; and
C. Appoint Cr < > as Council’s representative on the Management Committee Have
rotating Councillor representation on the Management Committee on an annual
basis with the following councillors to undertake that role in this order:
1. Cr Finzel
2. Cr Lorentson
3. Cr Wegener
D. Request the Chief Executive Officer and the relevant Councillor to provide a report
to Council on an annual basis regarding progress and actions taken in respect of
the Memorandum of Understanding with the University.
Carried unanimously.
Page 5 of 10
Section 6
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
6 REPORTS DIRECT TO GENERAL COMMITTEE
3 SPS21/0017 - REQUEST TO APPLY SUPERSEDED PLANNING SCHEME -
RECONFIGURING A LOT (1 LOT INTO 4 LOTS AND DRAINAGE RESERVE) AT 11C
CHURCH STREET, POMONA
The following material was presented to the meeting in relation to this item:
Cr Stockwell – comparison table - refer to Attachment 1
Cr Finzel – image - refer to Attachment 2
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the General Committee
Meeting dated 17 May 2021 regarding a Request for Superseded Planning Scheme -
Reconfiguring a Lot (1 lot into 4 lots and drainage reserve) at 11C Church Street,
Pomona and not agree to the Request to apply the Superseded Planning Scheme and
that Council indicate a preference for the area identified as a drainage reserve to be a
reserve for environment purposes to link to the upstream areas zoned for this purpose.
Carried unanimously.
4 COMMERCIAL HIGH USE PERMITS – TENDER ASSESSMENT (T000037)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Jurisevic inform the meeting that I have a declarable conflict of interest in this matter as I
have a long standing friendship with Fiona Tarr who is one of the owners of Tarr’s Enterprises
Pty Ltd t/as Adventure Sports Kitesurf Australia who are the selected tenderer for the Kite Surfing
Lessons high use permit. Fiona and I served on the Sunshine Beach High School P&C Executive
committee together for several years and our sons were in the same year at the High School and
are friends. Our family have attended social gatherings and celebrations with the Tarrs at their
residence and at local eateries over the years. Whilst we no longer share school P&C committee
roles and our contact is less frequent, we remain in contact, principally through social media, and
our sons retain their friendship. As a result of my conflict of interest I will leave the meeting room
while the matter is considered and voted on.
Cr Jurisevic left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson inform the meeting that I have a declarable conflict of interest in this matter as my
children are both trained by Noosa Surfing Academy, who is listed as a tender applicant for one
of the High Use Commercial Permits. Although I have a declarable conflict of interest, I do not
believe a reasonable person could have a perception of bias because I believe I do not have a
close personal relationship with Noosa Surfing Academy. Therefore, I will choose to remain in the
meeting room. However, I will respect the decision of the meeting on whether I can remain and
participate in the decision.
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the
public interest that Cr Lorentson participates and votes on this matter because Council believes
that she does not have a close personal relationship with the applicant and therefore a reasonable
person would trust that the final decision is made in the public interest.
Carried unanimously.
(Cr Lorentson did not vote on the above motion)
Page 6 of 10
Section 7
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
Committee Recommendation
Moved: Cr Lorenston
Seconded: Cr Stewart
That Council note the report by the Property Advisor to the General Committee Meeting
dated 17 May 2021 regarding the Commercial High Use Permits tender assessment and:
A. Issue five year Commercial High Use permits commencing 1 July 2021 to the
following eight recommended Permittees:
Activity Recommended Permittees
Learn to Surf Noosa Main Beach (West) 1 Surf Skills Pty Ltd t/as Noosa Learn to
Surf (No change)
Learn to Surf Noosa Main Beach (West) 2 Go Ride A Wave Pty Ltd t/as Noosa Surf
Lessons and Go Ride A Wave (No
change)
Beach Equipment Hire – Main Beach Dorajar Pty Ltd t/as Noosa Beach Surf
Hire (No change)
Beach Equipment Hire – Rock Wall (Middle Go Ride A Wave Pty Ltd t/as Noosa Surf
Groyne) Lessons and Go Ride A Wave Pty Ltd
(No change)
Snacks and Drinks Refreshment Van – First Point Noosa Frenzy Ice Cream (No change)
Snacks and Drinks Refreshment Van - Noosa Spit Kiwi Fish Pty Ltd (New permittee)
Beach Massage – Noosa Main Beach Amanda Obara (No change)
Surf Dancing – Noosa Main Beach (West - Surfdancer Pty Ltd t/as Surfdancer (No
between rockwalls) change)
Kite Surfing Lessons – Noosa River Mouth & Tarr’s Enterprises Pty Ltd t/as Adventure
other locations Sports Kitesurf Australia (No change)
B. Agree to discontinue the permit activity for kayak tours and hire from Noosa Main
Beach West due to lack of interest.
C. Request the CEO to bring forward a report addressing amendment of Council’s
existing Commercial Use of Community Land Policy to reflect the outcomes of the
tender process, including the change to five year terms and the agreed permit
activities.
D. Advise all new Learn to Surf, Beach Hire and Surf Dancing Permittees of the
upcoming Noosa World Surfing Reserve “Surfers Code of Conduct” and the need
for their businesses to align with the Code once adopted.
Carried unanimously.
Cr Jurisevic returned to the meeting.
5 CERTIFIED AGREEMENT NEGOTIATION PROCESS
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the People and Culture Manager to the General
Committee Meeting dated 17 May 2021 providing an update on the Certified Agreement
negotiation process and authorise the Chief Executive Officer to finalise the Noosa Shire
Council Certified Agreement.
Carried unanimously.
Page 7 of 10
Section 8
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
6 FINANCIAL PERFORMANCE REPORT – APRIL 2021
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Director Corporate Services to the General
Committee Meeting dated 17 May 2021 outlining April 2021 year to date financial
performance against budget, including performance against key financial sustainability
indicators.
Carried unanimously.
7 CLOSED SESSION
Nil.
The meeting closed at 1.10pm
Page 8 of 10
Section 9
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
Attachment 1
Comparison Table
Noosa Plan 2006 Noosa Plan 2020
Zoning Semi Attached Housing Medium Density Residential
Consistent Use Duplex Multiple Dual Multiple
Dwelling Occupancy Dwelling
where site is
not less than
1800m2
Level of Assessment Code Impact Code Code
Population Density 1 per 500m2 1 per 500m2 N/A N/A
Plot Ratio 0.45:1 Max pop x 0.4:1 0.4:1 or 0.5:1
40m2 for small
dwellings
Site Cover 40% 40% 40% 40%
45% for small
dwellings
Building Height 2 storeys 2 storey 2 storey 2 storey
Potential Development based 4 duplexes, 3 Proposed lots 4 duplexes 4 multiple
on proposed lots with a plot not large each with a dwellings 3
ratio of 450m2 enough for plot ratio of with a plot
Lot 4:1083m2
and 1 with a multiple approx 400m2 ratio of approx
Lot 5: 1005m2
plot ratio dwellings to 400m2 and 1
Lot 6:1003m2
697m2 be consistent with a plot
Lot 7: 1551m2
use ratio of 620m2
Page 9 of 10
Section 10
GENERAL COMMITTEE MEETING MINUTES 17 MAY 2021
Attachment 2
Page 10 of 10
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