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2023-03-07 Planning & Environment Meeting Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 7 March 2023
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 MARCH 2023
The meeting commenced at 9.31am.
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Clare Stewart
Cr Brian Stockwell
Cr Karen Finzel
Cr Lorentson (non-committee Councillor)
Cr Wilkie (non-committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
K Rawlings, Director Environment and Sustainable Development
APOLOGIES
Nil.
2. CONFIRMATION OF MINUTES
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 7 February 2023 be
received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
Page 2 of 6
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 MARCH 2023
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0208 APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 132 SOLAR ROAD COOROY MOUNTAIN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wegener
That Council note the report by the Acting Coordinator Planning to the Planning &
Environment Committee Meeting dated 7 March 2023 regarding Application No.
MCU22/0208 for a Material Change of Use – Short Term Accommodation situated at 132
Solar Road, Cooroy Mountain, described as Lot 19 on SP236314 and approve the application
subject to the following conditions.
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Plans and Documents
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
002623 A Site Plan -
002623 A Floor Plan as amended by Council -
Currency Period
3. This development approval lapses if the use has not happened by 16 March 2029,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
accommodation must not exceed 4.
5. The total number of guests accommodated at any one time must not exceed 8.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after
10pm each night.
7. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by
surrounding residents or cause a nuisance, including a noise nuisance.
8. The operation of the approved use must be in accordance with Administration
(Amendment) Subordinate Local Law (No.1) 2021.
*Refer Advisory Note.
Contact Person
9. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
Page 3 of 6
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 MARCH 2023
a. the name and telephone number of the contact person (which may include the
name and contact details of an individual, letting agency, property manager,
security firm or the like) for the purposes of the operation of the short stay letting
at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within a 20 kilometre radius of the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use of
the premises for short stay letting and visitor queries.
Code of Conduct
10. A code of conduct must be developed and provided to all users and occupants of the
short term accommodation, including any website or social media used to promote the
use of the premises for short term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the vicinity
of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 5
to 8 of this development approval.
11. The Code of Conduct must be displayed in a prominent location at the premises so
that it can be viewed by guests.
Complaints Management
12. The contact person must maintain a record of all complaints received, identifying how
each complaint has been resolved or addressed within a reasonable time.
Page 4 of 6
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 MARCH 2023
13. The contact person must respond to all complaints within 30 minutes of notification of
a complaint.
14. The contact person, must keep and maintain a register of the use of the premises for
short stay letting or home hosted accommodation, and record in the register, each of
the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay
letting or home hosted accommodation began and ended.
15. The contact person, must make available, for inspection by Council, within 5 business
days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 16; and
b. the register referred to in condition 18.
Water Supply
16. The development must be provided with a potable water supply. The storage capacity
of the potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
17. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
18. All existing native vegetation located on the site and in the road reserve must be
retained and protected.
ENGINEERING
19. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
20. Directional signage must be provided to direct visitors to the car parking spaces
provided on site.
Carried unanimously.
2 PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL WORKS CLEARING OF
VEGETATION AT 11C CHURCH STREET, POMONA
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Acting Manager Development Assessment to the
Planning & Environment Committee Meeting dated 7 March 2023 regarding Planning &
Environment Court Appeal D14 of 2023 and agree to defend the appeal.
Carried unanimously.
Page 5 of 6
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 MARCH 2023
Cr Lorentson left the meeting.
3 SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW – 12
MONTH REVIEW
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 3 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
Cr Lorentson returned to the meeting.
4 NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 4 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable and a prescribed conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a declarable conflict of in relation to No. 10 in the list of
applications in the Delegated Authority report as my husband and I have a friendship with Robin Yates,
who is associated with the applicant, Pomona Distilling Co. I also have a prescribed conflict of interest
in relation to No. 15 in the list of applications in the report, as I am a Board Director of Youngcare,
which is associated with the applicant Deluca Charitable Foundation Limited. As a result of my
conflicts of interest, I will leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting.
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Wegener
That Council note the report by the Acting Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 7 March 2023 regarding planning
applications that have been decided by delegated authority.
Carried unanimously.
7. CLOSED SESSION
Nil.
The meeting closed at 10.48am.
Page 6 of 6