Original source · versioned page text
2020-09-17 Ordinary Meeting Agenda
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
AGENDA
Ordinary Meeting
Thursday, 17 September 2020
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 20 sections
Section 2
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
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 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
AUDIT & RISK COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 5
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 9
GENERAL COMMITTEE RECOMMENDATIONS 11
9 ORDINARY MEETING REPORTS 19
1 COUNCILLOR MEETING ATTENDANCE - LEAVE OF ABSENCE 19
10 CLOSED SESSION 21
11 PUBLIC QUESTION TIME 21
12 NEXT MEETING 21
13 MEETING CLOSURE 21
Page 2 of 21
Section 3
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Special Meeting held on 16 July 2020 be received and confirmed.
The Minutes of the Ordinary Meeting held on 20 August 2020 be received and confirmed.
The Minutes of the Special Meeting held on 31 August 2020 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 21
Section 4
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
21 AUGUST 2020 - Cr Clare Stewart, Cr Amelia Lorentson, Scott Williams, Tim Cronin
1 QUEENSLAND AUDIT OFFICE BRIEFING PAPER
That Council note the Briefing Paper provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 21 August 2020.
2 2019/20 DRAFT FINANCIAL STATEMENTS AND END OF FINANCIAL YEAR UPDATE
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
Meeting dated 21 August 2020 regarding the presentation of the draft financial statements for
the period ending 30 June 2020.
3 INTERNAL AUDIT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 21 August 2020 providing an update on internal audit matters and approve the proposed
new Internal Audit Plan 2020-24 provided as Attachment 2 to the report.
4 RISK MANAGEMENT AND PUBLIC INTEREST DISCLOSURE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 21 August 2020 and note the update on risk management and Public Interest
Disclosures.
Recommendation
The Audit & Risk Committee recommendations dated 21 August 2020 be adopted except where
dealt with or held over by separate resolution.
Page 4 of 21
Section 5
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
8 SEPTEMBER 2020 - Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart and
Tom Wegener
Other Councillors in attendance: Cr Amelia Lorentson (except for Item 4).
1 132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to her relationship with Leigh McCready who is associated with the applicant
Altum Constructions. Leigh McCready was involved with Cr Finzel’s 2020 Election campaign. Cr Finzel
advised that she proposed to leave the meeting room for the debate and decision on this matter.
Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to her friendship with the Applicants Rob and Leigh McCready of Altum
Constructions. Cr Stewart advised that she proposed to leave the meeting room for the debate and
decision on this matter.
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009 as he advised that on 24 February 2020 this year he sought a review by
the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team,
of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated
with the applicant, Altum Constructions. Cr Stockwell requested to remain in the meeting room for the
debate and decision on this matter.
The Planning & Environment Committee was unable to deal with this matter due to the majority
of Councillors declaring conflicts of interest resulting in the Planning and Environment
Committee not having a quorum. The matter was referred by the Chief Executive Officer to the
General Committee for consideration.
2 RAL19/0011 - PLANNING & ENVIRONMENT COURT APPEAL NO. D7/2020 - REFUSAL
OF APPLICATION TO SUBDIVIDE 120, 126 AND 138 HAPPY JACK CREEK ROAD,
RIDGEWOOD
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
Appeal No. D7/2020 and:
A. Agree to settle the appeal generally in accordance with the following conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to submission of the subdivision plan to Council for
plan sealing.
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.
Page 5 of 21
Section 6
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
Plan No. Rev. Plan/Document Name Date
61948/B - Plan of Development – Proposed Boundary 4 August 2020
Realignment between Lots 480 & 481 on
MCH524 & lot 528 on MCH1930
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Currency Period
4. The Currency Period for this development approval lapses if all conditions have
not been complied with, and the plan of survey lodged with Council for
endorsement by 31 August 2024, unless an application to extend the currency
period is approved by Council.
Building and Effluent Envelope (Lot 2)
5. The applicant must prepare a metes and bounds building and effluent envelope
plan indicating a House site area and effluent disposal area for Lot 2. The areas
must be in accordance with the Approved Plan. The plans must be submitted in
both hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The
applicant must submit the plans to Council for approval prior to the endorsement
of the Plan of Survey.
6. The future dwelling on Lot 2 must be sited and constructed in accordance with the
approved building and effluent envelope shown on the Approved Plans. A copy of
the approved plan of development must be included in the contract of sale for Lot
2, together with a clause which requires the future dwelling to be constructed in
accordance with it.
ENGINEERING
Property Access and Driveways
7. A residential driveway must be constructed to Lot 2. The works must be undertaken
in conjunction with any subsequent building approval and the access must be:
a. generally in accordance with Council’s standard drawing RS-056 and any
associated addendum, and
b. located in that part of the frontage above the 0.05%AEP level.
8. A residential driveway must be constructed to Lot 1. The works must be undertaken
in conjunction with any subsequent building approval and the access must be
generally in accordance with Council’s standard drawing RS-056 and any
associated addendum
Stormwater Drainage
9. Stormwater runoff from the development must be disposed of on-site without
causing scour or damage to the subject site or any adjoining property.
Electricity and Telecommunication Services
10. Electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
11. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits
and pipes to accommodate the future connection of optic fibre technology
telecommunications.
Page 6 of 21
Section 7
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
12. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Damage to Services and Assets
13. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Upgrade of Bridge Signage
14. A 24 tonne load limit sign and 10km / hr sign must be installed in a suitable location
at both ends of the bridge in Crawfords Road. The signage must be in accordance
with the Manual of Uniform Traffic Control devices and installed prior to the
endorsement of the Plan of Survey.
Infrastructure Agreement
15. The Applicant/Owner shall comply with the terms of any Infrastructure Agreement
applying to the land.
B. Agree to enter into an Infrastructure Agreement with the appellant that provides for a
contribution to be paid to Council for improvements to the existing bridge in Crawfords
Road.
Carried unanimously.
3 MCU11/0266.03 REQUEST FOR EXTENSION TO CURRENCY PERIOD FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES FOR OFFICE,
RESTAURANT & SHOP AT 6 HERON STREET, PEREGIAN BEACH
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
4 51988.2849.03 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MULTIPLE
DWELLING OF 20 UNITS, 8 SHOPS AND 2 RESTAURANTS - 49 HASTINGS STREET,
NOOSA HEADS
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
for further consideration.
Carried unanimously.
Page 7 of 21
Section 8
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
5 NOOSA PLAN 2020 - ADMINSTRATIVE AMENDMENT NO.1
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report by the Director Environment & Sustainable Development to the
Planning and Environment Committee Meeting dated 8 September 2020 and:
A. Adopt the Noosa Plan 2020 – Administrative Amendment No.1 as per attachments 1 and
2 of the report;
B. Delegate the CEO to make any further Administrative Amendments necessary to Noosa
Plan 2020;
C. Set a date of Friday 25 September 2020 for commencement of the amended scheme;
D. Publicly notify adoption of the amendment in accordance with requirements of the
Planning Act; and
E. Provide the Chief Executive for Treasury – Development and Planning Services with a
copy of the public notice and a certified copy of the administrative amendment.
Carried unanimously.
6 NOOSA ENVIRONMENT STRATEGY - IMPLEMENTATION YEAR ONE ANNUAL UPDATE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wegener
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 8 September 2020 providing the year 1 annual
progress report on implementation of the Environment Strategy.
Carried unanimously.
7 PEREGIAN DIGITAL HUB - FULL YEAR REPORT TO 30 JUNE 2020
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report by the Economic Development Manager to the Planning and
Environment Committee Meeting dated 8 September 2020 providing a full year report on the
performance and activities of The Hub for the period 1 July 2019 to 30 June 2020.
Carried unanimously.
Recommendation
The Planning & Environment Committee recommendations dated 8 September 2020 be adopted
except where dealt with or held over by separate resolution.
Page 8 of 21
Section 9
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
8 SEPTEMBER 2020 - Crs Joe Jurisevic (Chair), Amelia Lorentson, Frank Wilkie and
Clare Stewart
Other Councillors in attendance: Crs Karen Finzel and Tom Wegener
1 2020 DELEGATIONS OF AUTHORITY ANNUAL REVIEW
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the report by the Governance Officer to the Services & Organisation
Committee Meeting dated 8 September 2020 and adopt:
A. New Delegations - Pursuant to section 257 of the Local Government Act 2009, to
delegate the powers of the Local Government outlined in the Delegations of Authority,
as provided at Attachment 1 to the Report, to the Chief Executive Officer of Council;
B. Updated Delegations - Pursuant to section 257 of the Local Government Act 2009, to
delegate the powers of the Local Government outlined in the Delegations of Authority
provided at Attachment 2 the Report, to the Chief Executive Officer of Council; and
C. Unchanged Delegations - Pursuant to section 257 of the Local Government Act 2009, to
delegate the powers of the Local Government outlined in the Delegations of Authority
provided at Attachment 3 to the Report, to the Chief Executive Officer of Council.
Carried unanimously.
2 NOOSA LEISURE CENTRE (NLC) - FULL YEAR REPORT TO 30 JUNE 2020
Committee Recommendation
Moved: Cr Lorentson
Seconded: Cr Wilkie
That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
Organisation Committee meeting dated 8 September 2020, providing an update on the
activities of the Noosa Leisure Centre for the 2019/20 financial year.
Carried unanimously.
3 NOOSA AQUATIC CENTRE (NAC) - FULL YEAR REPORT TO 30 JUNE 2020
Committee Recommendation
Moved: Cr Lorentson
Seconded: Cr Stewart
That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
Organisation Committee meeting dated 8 September 2020, providing an end of year update
on the activities of the Noosa Aquatic Centre for the 2019/20 financial year.
Carried unanimously.
Page 9 of 21
Section 10
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
4 THE J - FULL YEAR REPORT TO 30 JUNE 2020
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by The J & Bicentennial Community Centre Coordinator to the
Services & Organisation Committee meeting dated 8 September 2020, providing an update on
the activities of The J for the 2019/20 financial year.
Carried unanimously.
5 BICENTENNIAL COMMUNITY CENTRE (BCC) FULL YEAR REPORT TO 30 JUNE 2020
Cr Wilkie declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his position as the Secretary of the Noosa Gymnastics Club. Cr Wilkie
left the meeting room for the debate and decision on this matter.
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by The J & Bicentennial Community Centre Coordinator to the
Services & Organisation Committee meeting dated 8 September 2020, providing an update on
the activities of the Bicentennial Community Centre for the 2019/20 financial year.
Carried unanimously.
Cr Wilkie returned to the meeting.
6 NOOSA COMMUNITY SUPPORT (NCS) - FULL YEAR REPORT TO 30 JUNE 2020
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Lorentson
That Council note the report by the Noosa Community Support Coordinator to the Services &
Organisation Committee meeting dated 8 September 2020, providing an update on the
activities of Noosa Community Support for the 2019/20 financial year.
Carried unanimously.
Recommendation
The Services & Organisation Committee recommendations dated 8 September 2020 be adopted
except where dealt with or held over by separate resolution.
Page 10 of 21
Section 11
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
GENERAL COMMITTEE RECOMMENDATIONS
14 SEPTEMBER 2020 - Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic,
Amelia Lorentson, Clare Stewart, Brian Stockwell and Tom Wegener
1 132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to her relationship with Leigh McCready who is associated with the applicant
Altum Constructions. Leigh McCready was involved with Cr Finzel’s 2020 Election campaign. Cr Finzel
left the meeting room for the debate and decision on this matter.
Cr Stewart declared a perceived conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to her friendship with the Applicants Rob and Leigh McCready of Altum
Constructions. Cr Stewart left the meeting room for the debate and decision on this matter.
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009 as he advised that on 24 February 2020 this year he sought a review by
the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team,
of which Leigh McCready was publicly identified as a Campaign Manager. Leigh McCready is associated
with the applicant, Altum Constructions. Cr Stockwell believed that he could consider this item impartially
and in the public interest and requested to remain in the meeting room to participate in the debate and
vote on this matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter.
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
Court Appeal 2097 of 2020 and agree to defend the appeal.
Carried unanimously.
Cr Stockwell voted in favour of the motion.
Crs. Finzel and Stewart returned to the meeting.
Page 11 of 21
Section 12
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
2 MCU11/0266.03 REQUEST FOR EXTENSION TO CURRENCY PERIOD FOR A
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES FOR OFFICE,
RESTAURANT & SHOP AT 6 HERON STREET, PEREGIAN BEACH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 September 2020 regarding Application No. MCU11/0266.03 for
an extension to the currency period for a Development Permit for Material Change of Use for
Business Type 1 Office, Entertainment and Dining Business Type 1 Food & Beverage & Retail
Business Type 2 Shop & Salon, situated at 6 Heron Street, Peregian Beach and:
A. Refuse to extend the currency period for the following reasons:
1. The proposed development is contrary to the Overall Outcomes 7.7.2 g), jj) and
oo) and Specific Outcomes O6 and O12 of the Eastern Beaches Locality Code of
the Noosa Plan 2006 as:
i. The proposed development does not incorporate a pitched or curved roof
form, exceeds the maximum plot ratio for the Neighbourhood Centre Zone
and results in a building scale which is not compatible with surrounding
development and which presents an appearance of excessive bulk to
adjacent properties, roads and the village green.
2. The proposed development is contrary to the Purpose, Overall Outcomes and
Performance Outcomes PO11 and PO12 of the Local Centre Zone of the Noosa
Plan 2020 as:
i. The proposed development is not small in scale in the context of Peregian
Beach village, exceeding the maximum plot ratio of the site and will result in
a building which is not compatible with the scale of surrounding development
and presents a bulky appearance adjacent properties, roads and the village
green.
ii. The proposed development does not provide a 2 metre setback to the village
green and maintain the visual continuity and pattern of buildings fronting the
village green and consequently will impact on the area’s amenity.
3. The proposed development is contrary to the Purpose and Overall Outcomes and
the Performance Outcome PO3, PO7 and PO10 of the Coastal Communities Local
Plan Code of the Noosa Plan 2020 as:
i. The proposal does not retain and enhance the built form of streetscape
character of the centre as the scheme has excessive plot ratio and site cover,
and proposes inadequate setbacks to the village green.
ii. The proposed development does not provide varied roof forms and variations
in projected and recessed elements and facades.
iii. The proposed development does not respect the scale and character of
development on adjoining sites and is not sympathetic to the coastal village
character of the local centre.
4. It is unlikely the proposed development can proceed as approved as it makes no
allowance for equitable access to level 1 and the roof terrace contrary to the
Building Code of Australia and the Disability Discrimination Act 1992.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Page 12 of 21
Section 13
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
3 51988.2849.03 - MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MULTIPLE
DWELLING OF 20 UNITS, 8 SHOPS AND 2 RESTAURANTS - 49 HASTINGS STREET,
NOOSA HEADS
Cr Lorentson declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) as during the 2020 election campaign, Cr Lorentson’s election material
was displayed at this property. Cr Lorentson advised that she does not have a personal relationship with
the applicant however her brother has had a prior business relationship with the applicant that ended 3
years ago. Cr Lorentson also advised that her husband has undertaken work at the business as an
employee of Page Furnishers. Cr Lorentson believed that she could consider this item impartially and
in the public interest and requested to remain in the meeting room to participate in the debate and vote
on this matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Lorentson
may participate in the meeting for the debate and vote on this matter or whether she must leave the
meeting for the debate and vote on this matter.
Committee Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
That Councillors note the perceived conflict of interest declaration of Cr Lorentson and resolve that this
represents a perceived conflict of interest in this matter and Cr Lorentson may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 September 2020 regarding Application No. 51988.2849.03 to
make a minor change to an existing approval for Multiple Dwelling of 20 units, 8 Shops and 2
Restaurants situated at Noosa On The Beach, 49 Hastings Street Noosa Heads and:
A. Approve the change.
B. Include the following additional conditions:
Additional conditions – 8 September 2020
Approved Plans
1. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans. The approved plans are listed in the following
table and may be amended by these conditions and annotations on the plans.
Plan No. Rev Plan Name – Prepared by Date
A002 Q Existing Façade, prepared by Kings Lane 05/02/2020
Architects
A100 Q Proposed Refurbishment, prepared by Kings Lane 05/02/2020
Architects
As annotated by Council
A101 Q Proposed GR FLR Refurbishment, prepared by 05/02/2020
Kings Lane Architects
As annotated by Council
A104 Q Proposed Areas, prepared by Kings Lane 05/02/2020
Architects
Page 13 of 21
Section 14
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
A300 Q Proposed Section, prepared by Kings Lane 12/02/2020
Architects
A310 Q Proposed Elevations, prepared by Kings Lane 05/02/2020
Architects
A800 Q Proposed Perspective 01, prepared by Kings Lane 05/02/2020
Architects
A801 Q Proposed Perspective 02, prepared by Kings Lane 05/02/2020
Architects
LD 01 C Landscape Design, prepared by Environmental 3 February
Sheet 1 of 4 Landscape Planning 2020
LD 02 C Landscape Design, prepared by Environmental 3 February
Sheet 2 of 4 Landscape Planning 2020
LD 03 C Landscape Design, prepared by Environmental 3 February
Sheet 3 of 4 Landscape Planning 2020
LD 04 C Landscape Design, prepared by Environmental 3 February
Sheet 4 of 4 Landscape Planning 2020
Nature and Extent of Approved Use
2. The area to be used for outdoor dining is limited to 14.1m2 of use area.
3. No works or storage of materials is to occur within The Parade, unless authorised
by a further permit.
Landscaping
4. The development site must be landscaped in accordance with the Approved Plans.
5. The existing Pandanus trees located within the raised garden beds must be
retained in accordance with the Approved Plans. A Qualified Person* must be
engaged for the duration of the works to:
a. Supervise tree protection within the development site and frontages, prior to,
during and following construction in accordance with AS 4970, Protection of
trees on development sites.
b. Provide Council with certification and photographic report on supervising
construction works within the tree protection zone of the retained Pandanus
trees, following the completion of the approved works.
6. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed
to grow to full form and be refurbished when its life expectancy is reached.
7. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
8. No signage is to be located within the landscaped areas.
Damage to infrastructure
9. Any damage to footpaths, street plantings, natural vegetation/trees kerb and
channel, bridges or roadways must be repaired or reinstated to at least pre-existing
conditions.
10. Where damage occurs to any Council asset as a result of the landscaping works,
the damage must be repaired immediately where it creates a hazard that presents
risk to person or property. Non-hazardous damage must be repaired prior to
completion of works.
Page 14 of 21
Section 15
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
Car Parking
11. The applicant must comply with the requirements of any Infrastructure Agreement
entered into with the Council with respect to the payment of car parking
contributions in relation to the proposed development. In the event that the
Infrastructure Agreement does not apply a minimum of one car parking space must
be provided and marked on the site and made available and accessible at all times
while the use is open for business.
12. A retaining wall must be maintained for the full length of the property to main beach
with removable flood gates installed or available for installation prior to any
significant coastal storm event to each entry point. These structures must be
designed to mitigate the impact of wave overtopping of the Council controlled
beach seawall during a significant event. Certification must be submitted to
Council from a RPEQ which certifies that these structures meet the requirements
of this condition.
C. Include the following new Advisory Note:
Qualified Person
1. A Qualified Person, for the purpose of:
a. Undertaking, supervising tree works and preparing arboriculture certification,
is considered to be a person with a minimum three years current experience
in tree protection, hazard identification/mitigation assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
D. Agree to enter into an Infrastructure Agreement with the applicant that provides for
contributions in lieu of one onsite car parking space.
E. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposal complies with the Overall Outcomes of the Noosa Heads Locality
Code as the development will provide for entertainment and dining premises,
providing interest for visitors and residents accommodated in the immediate area,
whilst outdoor dining facilitates a vibrant pedestrian friendly streetscape;
2. The development is consistent with the bulk and scale of buildings within proximity
to the subject site, presenting an improved, high quality built form and landscaping
along The Parade, and providing a direct link to Main Beach.
F. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
G. Note the application was lodged under the Noosa Plan 2006, which was superseded by
the Noosa Plan 2020, which commenced on 31 July 2020. All references to the ‘Noosa
Plan’ or ‘the planning scheme’ within the assessment report is in reference to the now
superseded Noosa Plan 2006.
For: Crs. Wilkie, Lorentson, Stewart, Jurisevic and Finzel
Against: Crs. Wegener and Stockwell
Carried.
Page 15 of 21
Section 16
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
4 PROPOSED LEASE OF COOROY DATA CENTRE AT 11A MAPLE STREET, COOROY
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Property Advisor to the General Committee Meeting dated
14 September 2020 regarding the lease on Council’s Cooroy Data Centre premises at 11A
Maple Street and:
A. Agree to enter a commercial lease of the premises to OneQode Assets Pty Ltd as
generally outlined in the report; and
B. Agree to negotiate and enter a licence for an associated wireless internet
telecommunications mast on the adjacent Cooroy Butter Factory rooftop.
Carried unanimously.
5 NOOSA NORTH SHORE BEACH CAMPGROUND – PROPOSED INTERIM MANAGEMENT
AGREEMENT
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Property Advisor Commercial Property to the General
Committee Meeting dated 14 September 2020 and:
A. Authorise the CEO to enter into an interim management agreement for the Noosa North
Shore Beach Campground with 1Eight Pty Ltd for 6 months commencing 1 October 2020
with an additional 1 x 1 month extension option at Council’s sole discretion; and
B, Apply the exception to the requirement under Section 235 (a) of the Local Government
Regulation 2012 for entering into a contract for goods and services without first inviting
written quotes or tenders if satisfied that there is only 1 supplier who is reasonably
available.; and
C. Further, staff undertake a detailed induction of the new manager to identify the key
environmental attributes and sensitive sites and to outline visitor management
expectations to ensure the park and adjoining dunal system is managed in line with
environmental best practice.
Carried unanimously.
6 TENDER T0000017 - STREET SWEEPING SERVICES
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Works Coordinator to the General Committee Meeting
dated 14 September 2020 and:
A. Award tender T000017 Street Sweeping Services to Specialised Pavement Services Pty
Ltd;
B. Award the contract for an initial term of two (2) years, with an option to extend for one
(1) term of up to twelve (12) months. The option to extend will be at Council’s own
discretion and subject to the contractor’s ability to meet the requirements under the
contract.
Carried unanimously.
Page 16 of 21
Section 17
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
7 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT – ANNUAL REPORT
NO. 1 AND OUTCOMES OF INDEPENDENT REVIEW OF MONITORING AND
EVALUATION PLAN
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to the fact as a Sole Trader in his business Watershed Australia, he
subcontracted Eberhard Consulting as part of a consulting project he did for the Queensland
Government in 2016 reviewing and developing the monitoring and evaluation of the Reef Plan Best
Management Program. Cr Stockwell believed that he could consider this item impartially and in the
public interest and requested to remain in the meeting room to participate in the debate and vote on this
matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter.
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Environmental Services Manager to the General Committee
Meeting dated 14 September 2020 and approve the Noosa River Oyster Project: Annual
Report No. 1 (provided as Attachment 1 to the report) as meeting the requirements of the
Alliance & Funding Agreement.
For: Crs. Wegener, Stockwell, Jurisevic and Wilkie
Against: Crs. Stewart, Finzel and Lorentson
Carried.
8 USE OF LIONS PARK NOOSA HEADS FOR CAR PARKING
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Project Manager Transport Innovation to the General
Committee Meeting dated 14 September 2020 and:
A. Approve the use of the Noosa Heads Lions Park Reserve for paid car parking over
2020/21 Christmas holiday period from 14 December 2020 to 27 January 2021 with
delegation to the CEO to reduce the days subject to weather and advice from the Council
COVID Safe team;
B. Approve the use of the Noosa Heads Lions Park Reserve for paid car parking over 2021
Easter holiday period from 2 April 2021 to 18 April 2021 with delegation to the CEO to
reduce the days subject to weather and advice from the Council COVID Safe team; and
Page 17 of 21
Section 18
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
C. Approve the one-off use of the Noosa Heads Lions Park Reserve for paid car parking
over the 2020 September holiday period from 19 September 2020 to 5 October 2020
with delegation to the CEO to reduce the days subject to weather and advice from the
Council COVID Safe team; and
C. Consult with the community on the use of the Noosa Heads Lions Park Reserve for paid
car parking on long weekends and all school holidays only during the period of the
COVID pandemic.
D. Write to the Department of Natural Resources, Mines and Energy and seek Ministerial
Approval for an inconsistent secondary use of the Noosa Heads Lions Park (Lot 117 on
SP108103) for paid car parking during school holidays and long weekends for the period
of the public health declaration for the COVID-19 pandemic; and
E. That an amount equivalent to 50% of Council’s share of the ‘profit’ from car parking in
the Noosa Heads Lions Park Reserve be held ‘in reserve’ and allocated to recreational
improvements in Lions park for residents and visitors alike, noting that the term ‘profit’
refers to Council’s share of the revenue less costs associated with rectifying any
damage/impact from parking on the reserve, the hire of temporary fencing to protect
children at the playground & BBQ area, parking signage at Lions Park, the printing of
tickets and the use of traffic control to assist in the movement of pedestrians from Lions
Park.
For: Crs. Wegener, Stockwell, Stewart, Jurisevic, Finzel and Lorentson
Against: Cr Wilkie
Carried.
9 FINANCIAL PERFORMANCE REPORT – AUGUST 2020
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Finzel
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 14 September 2020 outlining August 2020 year to date financial performance
against budget, including performance against key financial sustainability indicators.
Carried unanimously.
Recommendation
The General Committee recommendations dated 14 September 2020 be adopted except where
dealt with or held over by separate resolution.
Page 18 of 21
Section 19
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
9 ORDINARY MEETING REPORTS
1 COUNCILLOR MEETING ATTENDANCE - LEAVE OF ABSENCE
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Council Meetings General
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary meeting dated 17
September 2020 and agree to provide Cr Finzel with a leave of absence for the Ordinary Meeting of
17 September 2020.
REPORT
Section 162(1)(e)(ii) of the Local Government Act 2009 states that “a councillor’s office becomes
vacant if the councillor is absent from 2 or more consecutive ordinary meetings of the local
government over a period of at least 2 months, unless the councillor is absent with the local
government’s leave”.
Section 162(1) of the Act is provided below by way of background information:
162 When a councillor’s office becomes vacant
(1) A councillor’s office becomes vacant if the councillor—
(a) ceases to be qualified to be a councillor under division 1; or
(b) is found, on a judicial review, to be ineligible to continue to be a councillor; or
(c) does not comply with section 169; or
(d) ceases to be a councillor under section 172; or
(e) is absent from 2 or more consecutive ordinary meetings of the local government over a
period of at least 2 months, unless the councillor is absent—
(i) in compliance with an order made by the conduct tribunal, the local government or
the chairperson of a meeting of the local government or a committee of the local
government; or
(ii) with the local government’s leave; or
(iii) while the councillor is suspended under section 122, 123 or 175K; or
(f) resigns as a councillor by signed notice of resignation given to the chief executive officer;
or
(g) dies; or
(h) becomes a local government employee.
Page 19 of 21
Section 20
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
Cr Finzel was absent from the Ordinary meeting held on 20 August 2020 due to a bereavement in
her family.
Cr Finzel has advised that she will be absent from the Ordinary meeting to be held on 17 September
2020 due to family reasons associated with the recent bereavement in her family.
In the circumstances, it is appropriate to provide Cr Finzel with a leave of absence from the 17
September 2020 Ordinary meeting.
Previous Council Consideration
Nil.
Finance
Nil.
Risks & Opportunities
Nil
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Cr Finzel
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 Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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 20 of 21
Section 21
ORDINARY MEETING AGENDA 17 SEPTEMBER 2020
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 15 October 2020 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
Page 21 of 21