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2019-03-21 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 21 March 2019
commencing at 6pm
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
ORDINARY MEETING AGENDA 21 MARCH 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 8
GENERAL COMMITTEE RECOMMENDATIONS 12
7 ORDINARY MEETING REPORTS 15
1 FURTHER REPORT – MCU18/0102 REQUEST FOR NEGOTIATED DECISION
NOTICE FOR VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS)
AT 14-16 MARY ST, NOOSAVILLE 15
8 CLOSED SESSION 19
9 NEXT MEETING 19
10 MEETING CLOSURE 19
Page 2 of 19
Section 3
ORDINARY MEETING AGENDA 21 MARCH 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 February 2019 be received and confirmed.
The Minutes of the Special Meeting held on 7 March 2019 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 19
Section 4
ORDINARY MEETING AGENDA 21 MARCH 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
12 MARCH 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Crs Frank Wilkie and Frank Pardon
1 MCU18/0162 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION, AMUSEMENT &
FITNESS - GYM) AT 4 PROJECT AVENUE, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 March 2019 regarding Application No. MCU18/0162 for a
Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation,
amusement & fitness (Gym) situated at 4 Project Ave Noosaville Qld 4566 and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with and then compliance maintained at all times while the use continues.
Approved Plans
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
- A Carparking Plan 20.11.2018
3. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Operating Hours and Class Times
4. Classes must have a minimum 15 minute break between the conclusion of a class
and the beginning of the next.
5. Classes between the hours 7am and 4pm (Monday to Friday) and 8am to 1pm
(Saturday) must be limited to no more than 3 clients at any one time. Classes
outside these hours must be limited to no more than 15 clients at any one time.
Carparking
6. During the hours of 7am and 4pm (Monday to Friday) and 8am to 1pm (Saturday)
3 carparking spaces must be maintained on the site for the gym use, for the life of
the development. The gym use may use the balance of the available onsite
carparking outside of these hours.
Advertising Signage
7. Any advertising sign or device must comply with Council’s policies on advertising.
Page 4 of 19
Section 5
ORDINARY MEETING AGENDA 21 MARCH 2019
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. Some sport and recreational uses are accepted in the Industry Zone given the
potential impacts of sport and recreation uses; and
2. The gym is of similar size and scale to other approved Entertainment & Dining
Business’s (Type 2) within the Noosaville Industrial area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
2 132008.1128.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MULTIPLE
HOUSING TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL BUSINESS, TYPE 2
MEDICAL & WELLBEING, TYPE 1 HEALTH; & RECONFIGURING A LOT (1 INTO 2LOTS)
AT GRASSTREE CT & BEN LEXCEN DR SUNRISE BCH
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jackson
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
Carried.
3 MCU16/0130.01 REQUEST TO CHANGE AN EXISTING APPROVAL FOR DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RETAIL BUSINESS TYPES
6 - HARDWARE AND RETAIL BUSINESS TYPE 7 - GARDEN CENTRE AT 101 AND 105
EUMUNDI NOOSA ROAD NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 March 2019 regarding Application No. MCU16/0130.01 to make
a minor change to an existing approval MCU16/0130.01 situated at 101 and 105 Eumundi
Noosa Rd, Noosaville described as Lot 1 on RP230931 and Lot on RP849431 and:
A. Approve the change and amend conditions 2, 26, 28 and 31 to read as follows:
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
001 3 General notes & drawing schedule - Epoch 14.01.2019
Architecture
200 3 Proposed Site Plan - Epoch Architecture 14.01.2019
201 3 Proposed Floor Plan – Epoch Architecture 14.01.2019
202 3 Proposed Roof Plan - Epoch Architecture 14.01.2019
300 3 Proposed Elevation - Epoch Architecture 14.01.2019
301 3 Proposed Elevation - Epoch Architecture 14.01.2019
Page 5 of 19
Section 6
ORDINARY MEETING AGENDA 21 MARCH 2019
Frontage Works
26. Any necessary works for adjustment, reinstalment and repair to damaged concrete
pathway, grassed verge, kerb line and channel must be carried out in conjunction with a
Development Permit for Operational Works.
Car Parking
28. A minimum of 24 car parking spaces must be provided and marked on the site including
one parking space for people with disabilities and made available and accessible at all
times while the use is open for business. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. pedestrian routes between the carparking area and the business use.
b. dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004: Parking Facilities.
Stormwater Drainage
31. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and be generally in accordance with drawings number 16789-C107 and
16789-C111 Revision C dated 14/12/ 2018 prepared by TOD Engineers and Project
Managers.
B. Correct the reference to the property address in the Decision Notice to read, 101 and 105
Eumundi Noosa Road, Noosaville.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
4 MCU18/0102 REQUEST FOR NEGOTIATED DECISION NOTICE FOR VISITOR
ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 14-16 MARY ST
NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jackson
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
for a further report.
Carried.
5 KOALA CONSERVATION ACTION PLAN UPDATE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
due to the significance of the issue.
Carried.
Page 6 of 19
Section 7
ORDINARY MEETING AGENDA 21 MARCH 2019
6 PROCUREMENT OUTCOME FOR FISHING FUTURES CONSULTANCY
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
Carried.
7 NOOSA BIOSPHERE RESERVE FOUNDATION - 2017-18 ANNUAL REPORT
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
due to the significance of the issue.
Carried.
Recommendation
The Planning & Environment Committee recommendations dated 12 March 2019 be adopted except
where dealt with or held over by separate resolution.
Page 7 of 19
Section 8
ORDINARY MEETING AGENDA 21 MARCH 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
12 MARCH 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Cr Ingrid Jackson
1 PROPOSED TRANSFER OF NOOSAVILLE SLIPWAY LEASE - 4 MILL STREET,
NOOSAVILLE
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 12 March 2019 and approve the proposed transfer of the Noosaville
Slipway Sub-lease over Lot 168 SP 177646 and Lot 167 SP 223758 from Noosa River Slipway
(Qld) Pty Ltd ACN 611 927 407 as trustee for the NRS Unit Trust to Craig McGovern trading
as Pelican Noosa Pty Ltd ACN 609 626 164 subject to Minister’s consent for the transfer as
required under section 322 of the Land Act 1994.
Carried.
2 BOREEN POINT CAMPGROUND - PROPOSED MANAGEMENT AGREEMENT
EXTENSION
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 12 March 2019 and authorise the Chief Executive Officer to enter
into an interim management agreement for the Boreen Point Campground with Crimmins
Enterprises Pty Ltd for the period 7 April 2019 to 30 April 2019 inclusive.
Carried.
3 PROPOSED EXPRESSION OF INTEREST FOR COMMUNITY ACTIVATION OF THE TOP
FLOOR OF PEREGIAN BEACH SURF CLUB
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried.
Page 8 of 19
Section 9
ORDINARY MEETING AGENDA 21 MARCH 2019
4 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2019
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 12 March 2019 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to hold
the Ordinary Meetings on 21 June 2018 and 15 November 2018 at the following
locations:
1. Thursday, 16 May 2019 – Cooran Memorial School of Arts Hall, 14 King Street,
Cooran commencing at 6pm; and
2. Thursday, 17 October 2019 – Federal Memorial Hall, Old Bruce Highway, Federal
commencing at 6pm;
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to
promote these community based Council Meetings;
C. Note that Council will not be live streaming these meetings however the meetings will be
recorded and subsequently provided on Council’s YouTube channel; and
D. Confirm that live streaming of Council meetings will apply to all Council Special Meetings
and that such recordings will be available on Council’s website for future viewing.
Carried.
5 FINANCIAL ASSISTANCE GRANTS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 12 March 2019 and:
A. Join with other local governments across Australia in calling upon the Commonwealth
Government to increase the amount of funds allocated to Local Government Financial
Assistance Grants to the equivalent of 1% of total Commonwealth taxation revenue;
B. Request the Mayor to write to the Commonwealth Minister for Local Government,
Senator Bridget McKenzie advising of Council’s position on this issue; and
C. Request the Mayor to write to each of the Wide Bay Federal electorate candidates for
the upcoming federal election seeking their commitment to increasing the amount of
funds allocated to the Local Government Financial Assistance Grants to the equivalent
of 1% of total Commonwealth taxation revenue.
Carried.
Page 9 of 19
Section 10
ORDINARY MEETING AGENDA 21 MARCH 2019
6 REGIONAL FACILITIES PLAN FOR DIFFICULT TO LOCATE SPORTS
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 March 2019 and
A. Endorse the Regional Facilities Plan for Difficult to Locate Sports (including
implementation priorities) included at Attachment 1 of this report including the following
amendments:;
1. Page 4, paragraph 1, line 4 – insert the words “from the State government” after
the word “support” to read “…support from the State government for this site and
is also pursuing investigation of other site options”;
2. Page 26, recommendation 23 – replace the words “Designate a site” with
“Investigate site options” to read: “Investigate site options within an industrial area
in GRC for development of an indoor pistol range.”
B. Note, while there are no immediate financial implications for Noosa Council, there is the
potential for partnership projects in the future which may involve a request for require a
contribution from Noosa Council with any such projects to be considered as part of
Council’s annual budget processes; and
C. Authorise the CEO to notify Sunshine Coast Regional Council, Gympie Regional Council
and the Department of Housing and Public Works - Sport and Recreation Services of
Noosa Council’s support of the Plan.
Carried.
7 JANUARY 2019 RATE LEVY OVERVIEW
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 12 March 2019 providing an overview of the January 2019 Rate
Levy.
Carried.
8 NOOSA SPIT SHORELINE EROSION UPDATE - FEBRUARY 2019
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to
the Services & Organisation Committee Meeting dated 12 March 2019 providing an update on
the development of a Shoreline Erosion Management Plan (SEMP) and also note the formation
of a staff Noosa Spit SEMP Project Working Group to oversee that project.
Carried.
Page 10 of 19
Section 11
ORDINARY MEETING AGENDA 21 MARCH 2019
9 NOOSA AQUATIC CENTRE (NAC) - HALF-YEARLY REPORT TO 31 DECEMBER 2018
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
Organisation Committee meeting dated 12 March 2019 providing an update on the activities
of the Noosa Aquatic Centre for the period 1 July 2018 to 31 December 2018.
Carried.
10 THE J AND BICENTENNIAL COMMUNITY CENTRE (BCC) - HALF-YEARLY REPORT TO
31 DECEMBER 2018
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by The J & Bicentennial Community Centre Coordinator to the
Services & Organisation Committee meeting dated 12 March 2019, providing an update on the
activities of The J and Bicentennial Community Centre for the period 1 July 2018 to 31
December 2018.
Carried.
11 NOOSA LEISURE CENTRE (NLC) - HALF-YEARLY REPORT TO 31 DECEMBER 2018
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
Organisation Committee meeting dated 12 March 2019, providing an update on the activities
of the Noosa Leisure Centre for the period 1 July 2018 to 31 December 2018.
Carried.
12 NOOSA COMMUNITY SUPPORT (NCS) - HALF-YEARLY REPORT TO 31 DECEMBER
2018
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wellington
That Council note the report by the Noosa Community Support Coordinator to the Services &
Organisation Committee meeting dated 12 March 2019, providing an update on the activities
of Noosa Community Support for the period 1 July 2018 to 31 December 2018.
Carried.
Recommendation
The Services & Organisation Committee recommendations dated 12 March 2019 be adopted except
where dealt with or held over by separate resolution.
Page 11 of 19
Section 12
ORDINARY MEETING AGENDA 21 MARCH 2019
GENERAL COMMITTEE RECOMMENDATIONS
18 MARCH 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington
1 132008.1128.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MULTIPLE
HOUSING TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL BUSINESS, TYPE 2
MEDICAL & WELLBEING, TYPE 1 HEALTH; & RECONFIGURING A LOT (1 INTO 2 LOTS)
AT GRASSTREE CT & BEN LEXCEN DR SUNRISE BCH
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That debate on Item 1 is deferred to the Ordinary Meeting dated 21 March 2019 to allow staff
to discuss proposed changes with the applicant.
Carried.
2 MCU18/0102 REQUEST FOR NEGOTIATED DECISION NOTICE FOR VISITOR
ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 14-16 MARY ST
NOOSAVILLE
Refer further report at Item 7.
3 KOALA CONSERVATION ACTION PLAN UPDATE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 12 March 2019 and:
A. Note the status of actions in the Noosa Koala Conservation Action Plan as outlined in
Attachment 1 to this report and continue to:
1. Focus efforts towards large scale koala habitat protection and restoration projects
such as the Yurol-Ringtail State Forests Conservation Project;
2. Support research into the abundance, distribution, movement and health of koalas
in Noosa Shire in partnership with University researchers and koala groups; and
3. Investigate the latest citizen science data collection applications, particularly for
recording fauna hit by vehicle, to help inform management actions; and
B. Note the outcomes of the Koala Infrastructure Audit & Feasibility Report as an action of
the Koala Conservation Plan and as a result of this audit, agree to:
1. Include existing koala road infrastructure such as fencing, underpasses, escape
poles and gates in Council’s asset management register in consultation with the
Asset Planning Manager to enable ongoing maintenance funding and renewal of
these assets;
2. Refer appropriate capital works such as extending fencing and installing two koala
signs at Eenie Creek Road (Monks Bridge to Links Drive section) and an additional
koala sign along Weyba Road-Noosa Drive, for consideration as part of the
2019/20 budget process;
Page 12 of 19
Section 13
ORDINARY MEETING AGENDA 21 MARCH 2019
3. Investigate through the Traffic Advisory & Speed Management Committee a speed
limit reduction to 50km/hr along Noosa Drive from Pinnaroo Park roundabout to
Weyba Bridge;
4. Where possible, retain regrowth vegetation along fence lines at Walter Hay Drive
and Eenie Creek Road because of the scale and impact of maintenance clearing
that would be required;
5. Develop new koala infrastructure for the Council road network only under the
following circumstances:
When it is a requirement of a development application;
When it is a road/bridge renewal in a koala hotspot area as identified by the
Koala Infrastructure Audit & Feasibility Report; or
When data suggests that vehicle strike is the greatest threat to koalas in a
particular location and the new infrastructure will mitigate that threat.
Carried.
4 PROCUREMENT OUTCOME FOR FISHING FUTURES CONSULTANCY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Pardon
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 12 March 2019 on the outcome of the procurement
process for the Fishing Futures directions paper.
Carried.
5 NOOSA BIOSPHERE RESERVE FOUNDATION - 2017-18 ANNUAL REPORT
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Director Environment and Sustainable Development to the
Planning & Environment Committee Meeting dated 12 March 2019 and note the report
received from the Noosa Biosphere Reserve Foundation including the 2017/2018 Annual
Report and Audited Financial Statement as provided at Attachment 1 and thank the volunteer
Board Members of NBRF for their efforts.
Carried.
Page 13 of 19
Section 14
ORDINARY MEETING AGENDA 21 MARCH 2019
6 PROPOSED EXPRESSION OF INTEREST FOR COMMUNITY ACTIVATION OF THE TOP
FLOOR OF PEREGIAN BEACH SURF CLUB
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Property Advisor to the Services and Organisation
Committee Meeting dated 12 March 2019 regarding the Peregian Beach Surf Club building
and
A. agree Agree to proceed to an Expression of Interest (EOI) process to identify a local
community group to offer a Permit to Occupy for Level 1 of the building, as detailed in
the report;
B. Note that the EOI process will allow Council to consider appropriate available options for
the facility and does not commit Council to entering into any future permit(s) without a
further decision by Council; and
C. Note the recent correspondence direct to Councillors from the Acting Chief Executive
Officer of Surf Life Saving Queensland (SLSQ) seeking full use of the building and
request that staff formally invite SLSQ to submit a proposal for community activation of
Level 1 of the building to allow consideration as part of the proposed EOI process.
Carried.
7 FURTHER REPORT – MCU18/0102 REQUEST FOR NEGOTIATED DECISION NOTICE
FOR VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 14-16 MARY
ST NOOSAVILLE
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That the debate on Item 7 be deferred to the Ordinary Meeting dated 21 March 2019 to allow
staff to have further discussion with the applicant, at the applicant’s request.
Carried.
8 FINANCIAL PERFORMANCE REPORT
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 March 2019 outlining February 2019 year to date financial performance
against budget.
Carried.
Recommendation
The General Committee recommendations dated 18 March 2019 be adopted except where dealt
with or held over by separate resolution.
Page 14 of 19
Section 15
ORDINARY MEETING AGENDA 21 MARCH 2019
7 ORDINARY MEETING REPORTS
1 FURTHER REPORT – MCU18/0102 REQUEST FOR NEGOTIATED DECISION NOTICE
FOR VISITOR ACCOMMODATION TYPE 4 CONVENTIONAL (122 BEDS) AT 14-16 MARY
ST, NOOSAVILLE
Author Manager, Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ Application/ MCU18/0102
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report to the Planning and Environment Committee Meeting dated 12 March
2019, the further report to the General Committee Meeting dated 18 March 2019 and the further
report to the Ordinary Meeting dated 21 March 2019 by the Manager Development Assessment
regarding a request for a Negotiated Decision Notice for Application No. MCU18/0102 for a
development approval for Visitor Accommodation - Type 4 Conventional situated at 14-16 Mary
Street, Noosaville and:
A. Refuse to change conditions 3d and 36 for the following reasons:
1. Conditions 3d and 36 are required and warranted due to the site’s proximity to residential
properties.
2. Conditions 3d and 36 are required to mitigate noise for nearby residents and complement
and support other conditioned noise management strategies for the backpackers.
3. Condition 36 still permits entertainers and/or speakers to be located internal to the
building.
B. Agree to change to conditions 52 & 64 as follows:
52. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. the works shown on drawing number 17699-SK101 Revision A prepared by TOD
Engineers and Project Managers dated 17 August 2018, with the inclusion of the
following:
i. The storage tank must have sufficient capacity to cater for the runoff from the
driveway in a 5 minute 1%AEP rain event as a minimum.
ii. The basement structures (walls, floors and surfacing) must be constructed
of materials suitable for the potential inundation and all service connections
must be located a minimum of 300mm above the potential inundation level.
64. Noise levels from on-site activities, including guests must not exceed the following levels:
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
C. Agree to delete condition 63.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 15 of 19
Section 16
ORDINARY MEETING AGENDA 21 MARCH 2019
REPORT
A report on this request for a Negotiated Decision Notice was considered by the Planning &
Environment Committee on 12 March 2019 and was subsequently referred to the General
Committee meeting, as Councillors requested that Officers prepare alternative motion to allow
speakers to be located in the outdoor recreation area.
At the General Committee meeting Officers advised Councillors that the applicant had requested the
matter be deferred to the Ordinary meeting, in light of the requested motion and the requirement for
an electronic noise limiter for the outdoor speakers, to allow additional representations to be made
to other conditioned noise requirements.
In the circumstances the Committee agreed to the request to allow further discussions with the
applicant.
The applicant has since submitted representations to conditions 63 and 64. The applicant’s
representations and an assessment of these is set out below:
Conditions 63 & 64
63. A noise monitoring system must be installed which measures noise levels at the boundary
adjacent to the nearest residential zoned land.
64. The on-site receptionist/manager must respond and terminate the relevant noise source
should the noise levels exceed:
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
Applicant’s Representation
The applicant submits that the requirements of these conditions are considered excessively onerous
and not realistic in their prescribed limits and requirements and particularly so in view of the proposed
electronic noise limiter for the speakers. The applicant requests the conditions be deleted or if there
is a requirement to set noise limits that they be set at a measurement of 3m from the source as is
the usual manner in which noise levels are set.
Assessment of Representation
The applicant’s representations to these conditions are generally agreed with as the conditions were
not recommended by officers, are considered onerous and not warranted for this type of use.
Council’s acoustic consultant for the matter advises that these conditions are not required or typically
applied to a backpackers, with such conditions most often used for an outdoor music venue or large
scale industrial use such a quarry with a crushing plant. He said the conditions are not practically
workable in their intent as the noise monitoring system would need to be monitored/manned at all
times to identify the noise source that exceeds the set levels. Condition 64 also does not clearly
address the actions required if guest noise exceeds the set levels.
Council’s acoustic consultant considers that to appropriately manage noise levels for the
backpackers, there should be no entertainers or speakers permitted outside or as outlined in the
further report to the General Committee meeting require the installation of an electronic noise limiter
for the speakers and prohibit entertainers. He also recommends that condition 64 be amended to
set some overall noise limits and in this regard considers the noise limits included currently in
condition 64 to be appropriate. Notably these noise limits were also those included in the applicant’s
acoustic noise report.
It is therefore recommended that condition 63 be deleted and condition 64 be amended in line with
the recommendations of Council’s acoustic consultant. As previously advised though should Council
wish to agree to the representations in relation to condition 36 and permit speakers to be located
outside to play low level background noise, the requested motion has been drafted for that purpose.
Page 16 of 19
Section 17
ORDINARY MEETING AGENDA 21 MARCH 2019
Requested Motion
That Council note the report to the Planning and Environment Committee Meeting dated 12 March
2019, the further report to the General Committee Meeting dated 18 March 2019 and the further
report to the Ordinary Meeting dated 21 March 2019 by the Manager Development Assessment
regarding a request for a Negotiated Decision Notice for Application No. MCU18/0102 for a
development approval for Visitor Accommodation - Type 4 Conventional situated at 14-16 Mary
Street, Noosaville and:
A. Refuse to change condition 3d for the following reasons:
1. Conditions 3d and 36 are required and warranted due to the site’s proximity to residential
properties.
2. Conditions 3d and 36 are required to mitigate noise for nearby residents and complement
and support other conditioned noise management strategies for the backpackers.
B. Agree to change conditions 36, 52 & 64 as follows:
36. Speakers located in outdoor areas of the site must be selected to be low power, installed
as a distributed speaker system and controlled from a central volume control unit
accessible to staff only and fitted with an electronic noise limiter such that speakers do
not operate at noise levels which exceed 75 dB(C) at 3 metres from the source at any
time. Speakers must be located and oriented such that they are not be directed towards
off-site residential areas. There is to be no live entertainment on site.
52. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and must include in particular:
a. the works shown on drawing number 17699-SK101 Revision A prepared by TOD
Engineers and Project Managers dated 17 August 2018, with the inclusion of the
following:
i. The storage tank must have sufficient capacity to cater for the runoff from the
driveway in a 5 minute 1%AEP rain event as a minimum.
ii. The basement structures (walls, floors and surfacing) must be constructed
of materials suitable for the potential inundation and all service connections
must be located a minimum of 300mm above the potential inundation level.
64. Noise levels from on-site activities, including guests must not exceed the following levels.
i. 7am to 6pm = 46 dB(A) LAeq,adj,T;
ii. 6pm to 10pm = 40 dB(A) LAeq,adj,T;
iii. 10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
C. Agree to delete condition 63
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
MWA Environmental
Page 17 of 19
Section 18
ORDINARY MEETING AGENDA 21 MARCH 2019
Internal Consultation
Departments/Sections Consulted:
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 Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 18 of 19
Section 19
ORDINARY MEETING AGENDA 21 MARCH 2019
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 18 April 2019 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 19 of 19