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2019-11-12 Planning & Environment Committee Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 12 November 2019
commencing at 9.30am
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 12 NOVEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING -
ENVIRONMENT PROJECT GRANTS (ROUND TWO) 3
2 DELEGATIONS FOR PLUMBING AND DRAINAGE ACT 2018 & PLUMBING AND
DRAINAGE REGULATION 2019 5
3 NOOSA BIOSECURITY PLAN 2020 14
4 MCU18/0097 REPRESENTATIONS TO DEVELOPMENT APPROVAL FOR
MATERIAL CHANGE OF USE FOR EDUCATION TYPE 2 SCHOOL (CAR PARK)
AT 115 EUMUNDI NOOSA ROAD, NOOSAVILLE 17
5 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO 176 OF 2019 -
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR
ANCILLARY DWELLING UNIT (X 16) AT 64 GATEWAY DRIVE, NOOSAVILLE 26
6 OPW17/0150.01 - PLANNING & ENVIRONMENT COURT APPEAL NO D186 OF
2019 - REFUSAL OF APPLICATION FOR OPERATIONAL WORKS -
PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING JETTY AT 180
GYMPIE TERRACE, NOOSAVILLE 29
REPORTS FOR NOTING BY THE COMMITTEE 32
7 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE -
1ST QUARTER 2019-20 32
CLOSED SESSION -
Page 2 of 44
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING - ENVIRONMENT
PROJECT GRANTS (ROUND TWO)
Author Environmental Services Manager, Craig Doolan
Environment & Sustainable Development Department
Index ECM/ Subject/Community Grants
Attachments 1. 2019-20 Round Two Environment Project Grants
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Environment Services Manager to the Planning &
Environment Committee Meeting dated 12 November 2019 and approve the 2019-20 Round Two
Community and Environment Project Grants provided in Attachment 1 to the report.
REPORT
Purpose
The purpose of this report is for Council to consider and endorse the second round of 2019-20
Environment Project Grants as provided in Attachment 1 of this report.
Refer to report titled ‘2019-20 Community and Environment Program Funding’ presented to the
Services and Organisation Committee Meeting dated 12 November 2019, for background and
implementation information.
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer x Director Director
Executive Support x Community Development x Financial Services
Community Facilities ICT
x Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 3 of 44
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 4 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Attachment 1 2019-20 COMMUNITY AND ENVIRONMENT GRANTS PROGRAM FUNDING ~ ENVIRONMENT PROJECT GRANTS (ROUND TWO)
tata toon tet
Ecosystem Management and Protecting and Restoring Noosa's Pandanus populations - prevent and manage the cases of
Biosecurity Solutions (Auspcied by Pandanus dieback, that has, and still is occurring within Noosa Shires Coastal fringes, by $19,998.00
Peregian Beach Community Association | performing biannual monitoring and works to treat infested trees, using establish biological ,
Inc.) control measures, and mitigate dieback.
Noosa Festival of Water on Sunday 28th June at Noosa Botanic Gardens and Lake
Mary River Gtehment Comtinning MacDonald Amphitheatre - entertainment, displays and activities aimed at improving $10,000.00
how every one cares for our environment.
Reef Check Foundation Ltd. Jew Shoal and Little Halls Reef, and other new locations different from 2019. pf
Reef health monitoring, citizen science initiatives and hands-on education with a focus on
Ocean Crusaders Foundation Ltd. Cleaning Stations System trial along Noosa River and coastal areas. a.
Total $29,998.00
Page 4 of 44Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
2 DELEGATIONS FOR PLUMBING AND DRAINAGE ACT 2018 & PLUMBING AND
DRAINAGE REGULATION 2019
DOCUMENT INFORM AT ION
Author Plumbing Coordinator, Craig Morley
Environment and Sustainable Development Department
Index ECM / Governance & Executive / Delegation of Authority
Attachments 1. Register of Delegations: Plumbing and Drainage Act 2018
2. Register of Delegations: Plumbing and Drainage Regulation 2019
EXECUTIVE SUMMARY
Nil.
RECOMMENDATION
That Council note the report by the Plumbing Coordinator to the Planning & Environment
Committee Meeting dated 12 November 2019 and, Pursuant to section 257 of the Local
Government Act 2009, agree to:
A. Delegate the powers for the Plumbing and Drainage Act 2018 as detailed in Attachment 1;
and
B. Delegate the powers for the Plumbing and Drainage Regulation 2019 as detailed in
Attachment 2.
REPORT
1. Background
Delegations are the process by which the Council delegates local government powers under
relevant legislation to implement and enforce legislation, standards and requirements.
‘Delegation’ to the Chief Executive Officer (CEO) and Council Officers will ensure actions
undertaken by Council are compliant with State Government legislative requirements. These
powers must be exercised subject to any applicable criteria and procedures detailed in the
delegations.
The development or amendment of delegations does not require community consultation as they
are purely an administrative process that provides the CEO with the necessary authority under
the various Acts.
Section 257 (Delegation by the Local Government) of the Local Government Act 2009 (the Act)
allows, by resolution, a local government to delegate its powers under the Act to the Mayor,
CEO, a standing committee or a joint standing committee.
Section 259 (Delegation by the Chief Executive Officer) of the Act allows the Chief Executive
Officer of a local government to delegate the Chief Executive Officer’s powers (including powers
delegated to the Chief Executive Officer by the local government) to another employee of the
local government.
2. New Delegations
Plumbing and Drainage Act 2018
The Plumbing and Drainage Act 2018 (the Act) has superseded the Plumbing and
Drainage Act 2002 and has come into effect on 1 July 2019. Therefore, it is appropriate for
Council to review its delegations and ensure they align with this new legislation.
Page 5 of 44
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
The powers under the Act are required by the Plumbing Inspector/Officer positons to be
able to effectively carry out their duties as listed in Attachment 1.
Plumbing and Drainage Regulation 2019
The Plumbing and Drainage Regulation 2019 (the Regulation) has superseded the
Standard Plumbing and Drainage Regulation 2003 and has come into effect 1 July 2019.
Therefore, it is appropriate for Council to review its delegations and ensure they align with
this new legislation.
The powers under the Regulation are required by the Plumbing Inspector/Officer positons
to be able to effectively carry out their duties are listed in Attachment 2.
The new delegation registers for the Plumbing and Drainage Act 2018 & Plumbing and Drainage
Regulation 2019 have been provided by LGAQ, and includes the Register of Delegations –
Council to CEO. These registers include all the powers identified by King & Company for LGAQ
for the Local Government Act 2009. The register has been reviewed and revised by officers to
align and reflect the current delegations provided for the Local Government Act 2009.
Previous Council Consideration
The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting
held on 21 February 2019.
Ordinary Meeting Minutes, Item, 5, Page 6
ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY 2019
That Council note the report by the Governance Officer to the Services & Organisation
Committee Meeting dated 12 February 2019 and adopt:
A. Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
of the Local Government outlined in the Delegations of Authority provided at Attachment 1,
to the Chief Executive Officer;
B. Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
of the Local Government outlined in the Delegations of Authority provided at Attachment 2,
to the Chief Executive Officer; and
C. Pursuant to section 257 of the Local Government Act 2009 (LGA), to delegate the powers
of the Local Government outlined in the Delegations of Authority provided at Attachment 3,
to the Chief Executive Officer.
Finance & Risk
Operationally, if delegations are not current or officers operate outside of their delegated
authority, relevant decisions made and action taken may be considered unauthorised and subject
to legal challenge. This may expose Council to the risk of unnecessary and expensive legal
action by third parties and reputational damage.
All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:
1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter
of appointment and/or, position description, qualifications, technical knowledge and
legislative requirements.
Page 6 of 44
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Consultation
External Consultation - Community & Stakeholder
The Governance Branch consults with the Principal Advisor of LGAQ in relation to delegation
matters as required.
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Director Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement X Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 7 of 44
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 8 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Attachment |
Register of Delegations - Council to CEO
Plumbing & Drainage Act 2019
DELEGATE DESCRIPTION OF POWER DELEGATED | LEGISLATION
Chief Executive Power to start a prosecution for an offence | s. 90(1)(d)
Officer against the Act. Plumbing and
Drainage Act 2018
Chief Executive Power to administer the Act within Council's | s. 135(1) Plumbing
Officer area. and Drainage Act
2018
Chief Executive Power, in the circumstances set out in s. 135(4) Plumbing
Officer subsection (3), to, if asked by the entity that | and Drainage Act
has control of the area, administer the act 2018
within the area.
Chief Executive Power to monitor grey water use s. 136 Plumbing
Officer facilities prescribed by regulation, in and Drainage Act
Council's area. 2018
Chief Executive Power to monitor on-site sewage s. 137 Plumbing
Officer facilities prescribed by regulation in and Drainage Act
Council's area. 2018
Chief Executive Power to appoint an authorised s. 139(1) Plumbing
Officer person as_ an inspector under the Act. and Drainage Act
2018.
Chief Executive Power to advise the commissioner s. 142(a) Plumbing
Officer of each appointment of an inspector made | and Drainage Act
by Council. 2018
Chief Executive Power to give the commissioner a list of s. 142(b) Plumbing
Officer Council's inspectors as at 1 July in each and Drainage Act
year. 2018.
Chief Executive Power, in the circumstances set out in s. 143(1) Plumbing
Officer subsection and Drainage Act
(1) to give a person who carried out 2018
plumbing or drainage work an enforcement
notice.
Chief Executive Power to, in the circumstances set out in s. 143(2) Plumbing
Officer subsection (2), give the owner of and Drainage Act
premises an enforcement notice. 2018.
Chief Executive Power to give a show cause notice before s. 144 Plumbing
Officer giving an enforcement notice. and Drainage Act
2018
Chief Executive Power, in the circumstances set out in s. 149(2) Plumbing
Officer subsection (1), to:- and Drainage Act
(a) do anything reasonably necessary to 2018.
ensure the enforcement notice is complied
with; and
(b) recover any reasonable costs and
expenses incurred in doing so as a debt.
Chief Executive Power to give the responsible person for s. 150 Plumbing
Officer plumbing or drainage work an action notice. | and Drainage Act
2018.
Page 8 of 44Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 9 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
ATTACHMENT 2
Register of Delegations - Council to CEO
Plumbing & Drainage Regulation 2019
DELEGATE DESCRIPTION OF POWER LEGISLATION
DELEGATED
Chief Executive Power to apply to the chief executive Section 16(1)
Officer for atreatment plant approval. Plumbing and
Drainage
Regulation 2019
Chief Executive Power to apply to the chief executive to Section 16(2)
Officer amend a treatment plant approval. Plumbing and
Drainage
Regulation 2019
Chief Executive Power to give the chief executive the Section 17(3)
Officer information asked for under subsection (2). Plumbing and
Drainage
Regulation 2019
Chief Executive Power, as the new holder, to give the | Section 24(2)
Officer chief executive notice of the transfer in the | Plumbing and
approved form. Drainage
Regulation 2019
Chief Executive Power to comply with a notice issued by the Section 26(2)
Officer chief executive under subsection (1) Plumbing and
Drainage
Regulation 2019
Chief Executive Power, as the owner of premises, to consent to | Section 27(c)
Officer the entry of the premises to carry out the Plumbing and
inspection of the treatment plant. Drainage
Regulation 2019
Chief Executive Power, as the holder of a treatment plant Section 29(1)
Officer approval, to make written representations Plumbing and
about the show cause notice to the chief Drainage
executive. Regulation 2019
Chief Executive Power, as the holder of an existing treatment Section 34(1)
Officer plant approval, to apply to the chief executive | Plumbing and
to renew the approval. Drainage
Regulation 2019
Chief Executive Power, where Council makes a fast-track Section 41
Officer work declaration or fast-track opt-out Plumbing and
declaration, to:- Drainage
(a) publish the declaration on Council's | Regulation 2019
website;
(b) give a copy of the declaration to the chief
executive;
(c) if Council is a_ participating local
government for a distributor retailer — give a
copy of the declaration to the distributor
retailer;
(d) ensure a copy of the declaration may
be inspected, free of charge, at Council’s
public office.
Page 9 of 44Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 10 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
DELEGATE DESCRIPTION OF POWER LEGISLATION
DELEGATED
Chief Executive Power, in a circumstance listed in subsection Section 45(2)
Officer (1), to give the applicant an information Plumbing and
request. Drainage
Regulation 2019
Chief Executive Power to consider each properly made Section 46
Officer application and decide to:- Plumbing and
(a) approve the application with or without Drainage
conditions; or Regulation 2019
(b) refuse the application.
Chief Executive Power, where Council decides to Section 48
Officer approve an application, to:- Plumbing and
(a) issue a permit, or an amended permit, to Drainage
the applicant; and Regulation 2019
(b) give a copy of the permit, or amended
permit, to each entity listed in subsection
b).
Chief Executive Power, in a circumstance listed in subsection Section 50(2)
Officer (1), to give an information notice about the Plumbing and
decision. Drainage
Regulation 2019
Chief Executive Power to give written consent for an Section 53(e)(i)
Officer application relating to SEQ water work. Plumbing and
Drainage
Regulation 2019
Chief Executive Power to give written consent for an Section 53(f)(i)
Officer application relating to SEQ sewerage work. Plumbing and
Drainage
Regulation 2019
Chief Executive Power, where Council has issued a permit and | Section 59(3)
Officer has not given a final inspection certificate for Plumbing and
the work carried out under the permit at Drainage
least 3 months before the permit is to end, to | Regulation 2019
give notice of the day the permit is to end
to the entities listed in subsection (3).
Chief Executive Power in the circumstances listed in the Section 67(2)
Officer subsection (1), to allow the responsible Plumbing and
person to give acovered work declaration Drainage
for the work. Regulation 2019
Chief Executive Power to inspect the work if the public sector Section 68(3)
Officer entity asks Council to inspect the work under Plumbing and
subsection (2). Drainage
Regulation 2019
Page 10 of 44Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 11 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
DELEGATE DESCRIPTION OF POWER LEGISLATION
DELEGATED
Chief Executive Power to, instead of inspecting on-site Section 69(2)
Officer sewage work, allow an appropriate person to Plumbing and
give Council an on-site sewage work Drainage
declaration. Regulation 2019
Chief Executive Power, where Council has passed a Section 71(2)
Officer resolution under subsection (1), to:- Plumbing and
(a) publish each declaration on its website; Drainage
(b) give the chief executive a copy of the | Regulation 2019
declaration;
(c) ensure the declaration may be
inspected, free of charge, at the local
government's public office; and
(d) ensure each remote area
declaration includes a map identifying the
remote area.
Chief Executive Power, in the circumstances identified in Section 73(2)
Officer subsection (1), to decide to:- Plumbing and
(a) accept the remote area compliance Drainage
notice; or Regulation 2019
b) otherwise, refuse to accept the notice.
Chief Executive Power, in the circumstances identified in Section 73(3)
Officer subsection Plumbing and
(1) and where Council has made a decision | Drainage
under subsection (2), to give the Regulation 2019
responsible person a decision notice.
Chief Executive Power, in the circumstances identified in Section 73(4)
Officer subsection Plumbing and
(1) and where Council has refused to Drainage
accept the remote area compliance notice, | Regulation 2019
to ensure the decision notice includes, or is
accompanied by, an information notice.
Chief Executive Power, where Council is taken to have Section 73(6)
Officer decided to refuse to accept the remote area Plumbing and
compliance notice, to give an information Drainage
notice about the decision. Regulation 2019
Chief Executive Power, in the circumstances identified in Section 75(2)
Officer subsection (1), to amend the approved plan so | Plumbing and
that it correctly represents the work carried out | Drainage
under the permit. Regulation 2019
Chief Executive Power to give an inspection certificate for the Section 83(1)
Officer work to the responsible person for the work. Plumbing and
Drainage
Regulation 2019
Chief Executive Power to give a final inspection certificate for | Section 84(1)
Officer the work to the responsible person for the Plumbing and
work. Drainage
Regulation 2019
Page 11 of 44Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 12 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
DELEGATE DESCRIPTION OF POWER LEGISLATION
DELEGATED
Chief Executive Power to give a copy of the final Section 86(1)
Officer inspection certificate to the entities listed in Plumbing and
subsection (1). Drainage
Regulation 2019
Chief Executive Power, where Council receives a_ notice Section 86(3)
Officer under subsection (2), to comply with the notice. | Plumbing and
Drainage
Regulation 2019
Chief Executive Power, where Council is taken under Section 87(3)
Officer subsection (2) to have decided to refuse to | Plumbing and
give an inspection certificate or final Drainage
inspection certified, to give an information Regulation 2019
notice about the decision.
Chief Executive Power, where Council considers that a Section 98(3)
Officer responsible person has not complied with the Plumbing and
action notice, to give a copy of the notice to | Drainage
the owner of the premises. Regulation 2019
Chief Executive Power to establish a program for:- Section 101
Officer (a) registering each testable backflow | Plumbing and
prevention device installed at premises in Drainage
Council's area; Regulation 2019
(b) monitor the maintenance and _ testing
of each device.
Chief Executive Power, in the circumstances listed in Section 107(2)
Officer subsection (1), to:- Plumbing and
(a) remove the obstruction or fix the Drainage
damage; and Regulation 2019
(b) fairly apportion the reasonable cost
of removing the obstruction or fixing the
damage between the owners; and
(c) recover as a debt from each owner,
the owner’s share of the cost.
Chief Executive Power, in the circumstances listed in Section 108(2)
Officer subsection (1), to require by notice to the Plumbing and
owner of the old building and the owner of the Drainage
new building:- Regulation 2019
(a) the owner of the old building to change the
affected vents; and
(b) the owner of the new building to pay
the owner of the old building the
reasonable cost of changing the affected vents.
Chief Executive Power to keep a register containing each Section 112
Officer document listed in subsection (1). Plumbing and
Drainage
Regulation 2019
Page 12 of 44Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 13 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
DELEGATE DESCRIPTION OF POWER LEGISLATION
DELEGATED
Chief Executive Power to keep a register containing each Section 113
Officer notice given to Council under section 102(2) or | Plumbing and
103(3). Drainage
Regulation 2019
Chief Executive Power to keep a register containing each Section 114
Officer service report for a greywater use facility or on- | Plumbing and
site sewage facility given to Council under Drainage
section 106. Regulation 2019
Chief Executive Power to keep a register containing a copy of Section 115(1)
Officer each show cause notice and enforcement Plumbing and
notice given by Council. Drainage
Regulation 2019
Chief Executive Power to remove a notice mentioned in Section 115(2)
Officer subsection Plumbing and
(1) from the register if the premises to Drainage
which the notice relates are demolished or Regulation 2019
removed.
Chief Executive Power, in relation to each register kept under Section 116
Officer part 8, division 2, to allow a person to:- Plumbing and
(a) inspect the register, free of charge, Drainage
at Council's public office; or Regulation 2019
(b) buy a copy of an entry in the register
fornot more than the reasonable cost
of producing the copy.
Page 13 of 44Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
3 NOOSA BIOSECURITY PLAN 2020
DOCUMENT INFORM AT ION
Author Principal Environment Officer, Peter Milne
Environment and Sustainable Development Department
Index ECM/ Pest management
Attachments 1. Draft Noosa Biosecurity Plan 2020 (32 page attachment provided
separately to this agenda)
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 12 November 2019 and resolve to commence public consultation on
the Draft Noosa Biosecurity Plan from 25 November until 23 December 2019.
REPORT
1. Background
Biosecurity is defined as efforts to prevent, respond to and recover from pests and diseases that
threaten the economy and the environment. Under the Queensland Biosecurity Act 2014 all
public and private landowners have a responsibility for managing pests (invasive plants and
animals) identified in the Act. Wildlife protected under the Nature Conservation Act 1992 that may
be a nuisance at times such as magpies and flying-foxes are not a pest under the Biosecurity
Act.
The Noosa Pest Management Plan 2015-2019 guided the management of invasive species
however this plan expires at the end of the 2019 calendar year. The new Queensland Biosecurity
Act was enacted in 2014 and commenced in 2016. The Biosecurity Act 2014 replaces previous
legislation and requires local government to have a Biosecurity Plan that is accessible to the
public. The attached Draft Biosecurity Plan 2019 will replace the previous Noosa Pest
Management Plan once complete.
The development of the Noosa Biosecurity Plan is consistent with the Noosa Environment
Strategy 2019 for biodiversity and sustainable living goals of improving the condition and extent
of our natural ecosystems and adopting sustainable agricultural practices.
2. Summary of Plan
There are significant changes proposed for the new Noosa Biosecurity Plan 2020 (Refer
Attachment 1). Risk assessments of individual invasive species have been undertaken to
identify shire wide priorities for action such as prevention, eradication or containment. Although
landowners have a biosecurity obligation for all scheduled species, identifying priorities allows a
planned approach to invasive species management, particularly for large landholders like
Council.
In addition, many invasive species that were previously listed as environment weeds (Category
3) under the Noosa Pest Management Plan 2015-2019 are no longer scheduled species under
the Biosecurity Act 2014. Examples are shown page 29 of the Plan (Attachment 1). These
species may be managed by public and private landowners on a voluntary basis and can be
guided by a Property Pest Management Plan or Ecological Restoration Plan.
Page 14 of 44
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
The Noosa Biosecurity Plan 2020 applies the Biosecurity Act 2014 at a local level and covers:
Roles and responsibilities of Council, other public agencies and private landowners
Processes for reporting of invasive species and management responses
Shire-wide priorities for managing invasive biosecurity matters
Approaches for managing pests through prevention, eradication or containment depending
on the extent of infestation of the invasive species
Methods and timing for management of biosecurity matters
Information support systems to broaden current knowledge of the distribution and
abundance of invasive species
An Implementation Action Plan forms part of the Biosecurity Plan. The Implementation Plan has
eleven actions including regulation, collaboration with landowners, invasive species surveys,
awareness raising and improved data collection and mapping.
Previous Council Consideration
Nil.
Finance
The Noosa Biosecurity Plan 2002 can largely be implemented within existing resource
allocations. However the Implementation Action Plan identifies the need to improve our
knowledge of invasive species across the shire to better inform management actions and assess
the effectiveness of previous invasive species control programs. The project involves searching
historic records, customer requests, development assessment reports, ecological restoration
plans and seeking expert advice. This project is over and above current resource allocations and
is recommended for consideration through the budget process. The estimated cost of this project
is $10,000.
Risks & Opportunities
The release of the Draft Noosa Biosecurity Plan may raise concerns from some members of the
community regarding the use of chemicals for managing invasive species. Council follows
industry best practice and codes for invasive species management. These standards are
provided in the Draft Noosa Biosecurity Plan and respondents can be supplied with this
information on request.
Consultation
External Consultation - Community & Stakeholder
Key stakeholders consulted in the development of the draft:
Qld Department of Agriculture and Fisheries
Noosa & District Landcare
Sunshine Coast Council
Gympie Regional Council
TMR
SEQ Water
SEQ Catchments
Queensland Rail
Proposed public consultation will be through Your Say Noosa and targeted consultation:
Broad consultation with the Noosa community via Your Say Noosa
Media releases as required
Environment Groups
QPWS&P
Page 15 of 44
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Internal Consultation
Noosa Council Pest Management Officers, Natural Areas and Development Assessment staff
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
x Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development x Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 16 of 44
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
4 MCU18/0097 REPRESENTATIONS TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE FOR EDUCATION TYPE 2 SCHOOL (CAR PARK) AT 115 EUMUNDI
NOOSA ROAD, NOOSAVILLE
Author Development Planner, Billy Glover
Environment and Sustainable Development
Index ECM/ Application/ MCU18/0097
Attachments 1. Original Approved Plans
2. Mark-up Plan
APPLICATION DETAILS
Applicant Good Shepherd Lutheran College
Development Approval Material Change of Use - Education - Type 2 School
Representations Received on 19 September 2019
Number of Submissions for 0
Original Application
PROPERTY DETAILS
Property Address 115 Eumundi Noosa Road, Noosaville Qld 4566
RP Description Lot 30 SP 170751
Lot 1 SP 228052
Land Area 5019m²
56,755.06m²
Existing Use of Land Vacant/School
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Industry
Overlays Natural Hazard (Acid Sulfate Soils)
Assessment Type Representations made to original approval
Page 17 of 44
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 November 2019 regarding representations made in relation to
Application No. MCU18/0097 for a Development Permit for Material Change of Use - Education -
Type 2 School (Car Park) situated at 115 Eumundi Noosa Road Noosaville and:
A. Agree to amend condition 2 to read as follows:
Approved Plans
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
P004 G Proposed Car Park Layout, drawn by 17.06.19
Odyssey Consulting Group
P013 6 Pick-up / Drop-off Layout Plan, drawn by 17.06.19
Odyssey Consulting Group
Project No: E Conceptual Stormwater Management Plan, 18 June 2019
K4277-0002-E prepared by Odyssey Consulting Group
B. Refuse to delete conditions 6.b., 13.a. & 20.a.i. as:
1. Deletion of 6.b. would result in unlimited access to the car park and adversely impact
on the capacity and operations of the existing road network, contrary to the
Driveways and Carparking Code.
2. Deletion of 13.a. would result in detrimental impacts to downstream flow, water
quality and ecosystem health, contrary to the Water Sensitive Design Code.
3. Deletion of 20.a.i. would result in insufficient canopy trees, required to shade vehicles
and to reduce reflective radiation, contrary to the Landscaping Code.
C. Advise the applicant the overall car parking arrangement (except landscaping) depicted in
Attachment 2 is considered generally in accordance with the approval.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. BACKGROUND
A development approval for Material Change of Use - Education - Type 2 School (Car Park) was
issued on 15 August 2019. The approval endorsed a total of 153 car spaces, with access and
egress via the existing Walter Hay Drive connection points.
The applicant suspended the appeal period and made representations on 9 September 2019 to
the development approval conditions. The representations are detailed below but primarily relate
to the approved plans, traffic, stormwater and landscaping.
2. ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 2 – Approved Plans
Approved Plans
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 18 of 44
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Plan No. Rev. Plan/Document Name Date
P004 G Proposed Car Park Layout, drawn by Odyssey Consulting Group 17.06.19
K4277 6 Pick-up / Drop-off Layout Plan, drawn by Odyssey Consulting 17.06.19
Group
P007 G Stormwater Management Plan 17.06.19
Applicant’s Representation
The applicant submits the following:
It is noted that an error exists with reference to the Stormwater Management Plan. The plan
reference should be Revision E and not G.
Assessment of Representation
The original Council report and Decision Notice for the application incorrectly detailed the
Stormwater Management Plan as revision G instead of E, as stated by the applicant above. It is
also noted other errors were contained within the list of the approved plans. The errors are
acknowledged and it is recommended the condition be updated accordingly.
Condition 6.b. – Boom Gate
Traffic
The traffic layout is to be as designed, constructed and operated as shown on Odyssey
Consulting Group drawing numbers K4277 P004 G and P013 6, modified / clarified as
follows:
a. The parking layout is to comply with the requirements of the AS/NZS 2890 series of
Australian Standards.
b. On school days prior to 4.00pm, the new large parking area is to be used for staff
parking only. The applicant is to submit a parking management plan for the approval
of Council detailing how use of that parking area will be managed to achieve that
outcome, including boom gate locations, means of accessing through the boom
gate/s, signage detailing operation, etc.
c. The existing bus zone in the Walter Hay Drive parking area (closest to the campus) is
to remain for bus use only. Cars are to be prohibited from usage of the bus zone area
and signage must be installed to ensure that outcome. The details of the signage
must be included in the required Operational Works application. To be clear, only
buses are to be permitted to use or travel through the existing bus zone and cars are
to be prohibited.
Applicant’s Representation
The applicant submits the following:
Conditions 6.b limits the carpark to staff use prior to 4pm on school days and requires a parking
management plan including provision of boom gates. While no objection is raised with the staff
use or a parking management plan the requirement for boom gates is an unreasonable
imposition on the development. The provision of boom gates will result in an additional cost of
$45,000 - $50,000 to the carpark. Given the only purpose is to restrict non staff from using the
carpark this is an unreasonable imposition. The condition limiting the use of the carpark prior to
4pm on school days for staff only together with the parking management plan will provide
sufficient certainty for the carpark use without the need for boom gates.
Accordingly, we request that Condition 6b be amended to delete the requirement for boom gates.
Assessment of Representation
Council approved the application based on the recommendation that a boom gate/s be a
Page 19 of 44
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
condition of approval and requirement of the development. Council’s consultant Traffic Engineer
advises the boom gate/s is required to ensure that only staff will access the new car park area on
Lot 30 SP170751, whereas unlimited access would significantly impact on existing congestion on
Walter Hay Drive. A management plan is not sufficient to address this issue. The applicant
informally advised a ‘drop gate’ is currently located at the entrance of the existing central car park
of the school and may potentially be relocated to the new car park. A ‘drop gate’ would be
considered generally in accordance with a boom gate providing it achieves the same traffic
outcome.
It is therefore recommended the applicants request to delete condition 6.b. be refused.
Condition 13.a. – Detention Tanks
Stormwater Drainage
The application for Operational Works Stormwater Drainage must be supported by detail
design plans that demonstrate that the development shall be constructed generally in
accordance with the Conceptual Stormwater Management Plan for Proposed Carpark Lot
30 on SP170751 115 Eumundi Noosa Road, Noosaville, Revision E By Odyssey
Consulting Group dated 18 June. Except as amended below:
a. The detention tank parameters must be amended to separately detain waters from
each catchment for subsequent treatment and discharge to the filter media surface of
the respective bio retention basins.
b. The Operational Works application for the development must demonstrate that the
active filter media surface areas of the bio retention basins are 34m2 and 13m2
respectively. The active filter media area does not include footprints occupied by inlet
scour protection or the riser pit.
c. Non- aggressive root system tree species such as Banksia robur may be planted on
the batters of the bio retention basins, but not within the active filter media area of the
bio retention basins.
d. That construction shall be managed in accordance with Table A Appendix 2 of the
State Planning Policy including for construction areas in excess of 2500m2 to be
treated through sediment basins capable of treating 80% of the average annual runoff
from the site to 50mg/L Total Suspended Solids.
Applicant’s Representation
The applicant submits the following:
Conditions 13.a requires the detention tank parameters must be amended to separately detain
waters from each catchment for subsequent treatment and discharge.
To meet mitigation targets & non-worsening the stormwater management design has provided a
single detention tank for Catchment A to over-compensate for Catchment B, thereby allowing
Catchment B to leave the site un-mitigated. Separate mitigation measures are not required.
Accordingly, we request that Condition 13.a be deleted.
Assessment of Representation
Council’s Environmental officer confirms condition 13.a. is imposed to ensure consistency with
the water quality and quantity outcomes within the stormwater management plan. Stormwater
treatment measures need to be consistent with the MUSIC model and deemed to comply
solutions, in which all stormwater needs to be accounted for in the treatment process. Whilst
Catchment A is considered to over-compensate for Catchment B, Catchment B must still be
treated.
The applicant has not provided sufficient detail or material to support this request. It is
recommended the applicant’s request to delete condition 13.a. be refused.
Page 20 of 44
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Condition 20.a.i. – Shade Trees
Landscaping Works
The development site must be landscaped. The works must be undertaken in accordance
with an Operational Works approval and the Noosa Plan for that specific area and must
include in particular:
a. the works generally shown on the approved plans except where amended by the
conditions contained herein:
i. Provision of additional 100L shade trees in carparks 47, 28, in the areas
between carpark 93 and 72, 81 and 60, as numbered on Odyssey drawing
P004 Rev G dated 17-06-19.
ii. 100L shade trees within the carpark areas must be local native species.
iii. Provision of a minimum of 5m3 structured suitable soils for each carpark tree.
iv. Any landscape plan must accurately show the locations of structures, including
water quality devices, retaining walls, lighting and underground services.
Applicant’s Representation
The applicant submits the following:
Understanding Councils reasoning for the additional shade trees, but also clients desire to
maintain car parking numbers we have further reviewed the carpark/landscape design.
Refer attached mark-up (attachment 2) showing possible outcome to achieve both. I believe this
would remain generally in accordance with the approval and is a design we could pursue as part
of the OPW application.
Assessment of Representation
Specific Outcome O28 of the Landscaping Code requires car parking areas to be designed to
provide for advanced canopy trees, to shade vehicles and to reduce reflected radiation. The
existing and proposed canopy trees in the area of the new car park are predominately located
around the boundaries of the site, accordingly, additional shade trees were conditioned within the
original approval.
Following recent discussions, the applicant understands and acknowledges the requirement for
the shade trees as sought by the code and condition 20.a.i. of the approval. Subsequently the
applicant informally agreed to retain condition 20.a.i.
During the recent discussions, the applicant again highlighted the intention to achieve the
maximum number of car spaces on the site. The recently submitted mark-up plan (Attachment
2) results in 155 car spaces on-site (gain of 2 car spaces to what was originally approved), whilst
still ensuring sufficient canopy tress can be provided on-site, in accordance with the code and
Condition 20a.i. The car park arrangement detailed in the mark-up plan is considered to meet the
outcomes required and is considered to be generally in accordance with the original approval.
The detailed car park arrangement can be assessed for compliance and endorsed within the
future operational works application.
It is recommended the applicants request (as submitted within the representations) to delete
condition 20.a.i. be refused and the revised car parking arrangement depicted in Attachment 2
be considered generally in accordance with the approval.
3. CONCLUSION & REASONS FOR DECISION
With regard to Condition 2 Approved Plans, an error was made within the original planning report
and decision, it is therefore recommended the condition be amended to correctly reflect the
approved plans.
Page 21 of 44
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
The applicant’s request to delete Conditions 6.b., 13.a. & 20.a.i. does not comply with the
relevant codes and requirements of the planning scheme as:
1. Deletion of 6.b. would result in unlimited access to the car park and adversely impact on
the capacity and operations of the existing road network, contrary to the Driveways and
Carparking Code.
1. Deletion of 13.a. would result in detrimental impacts to downstream flow, water quality and
ecosystem health, contrary to the Water Sensitive Design Code.
2. Deletion of 20.a.i. would result in insufficient canopy trees, required to shade vehicles and
to reduce reflective radiation, contrary to the Landscaping Code.
It is recommended the applicants request to amend Condition 2 be supported, deletion of
Conditions 6.b., 13.a. & 20.a.i. be refused, and the overall car parking arrangement (except
landscaping) depicted in attachment 2 be considered generally in accordance with the approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 22 of 44
Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 23 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
ATTACHMENT 1
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MCU 18/0097
NOOSA COUNCIL aE
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Page 23 of 44Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 24 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
LEGEND 1250 APPROVED PLANS
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So === a NOOSA COUNCIL
prose MouNTASLE ERS = Le 15 AUGUST 2019
saan n an. SOE 233 eas B85 PASSENGER CAR
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Document Set 0: 20090478
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Page 24 of 44Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Page 25 of 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
ATTACHMENT 2
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LOCATION: 335_EUMUNDI POAD_NOOSAVILLE_OLO_4546 J [Sta Sa i
Document Set ID: 20992334
Version: 1, Version Date: 18/10/2010
Page 25 of 44Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
5 MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO 176 OF 2019 -
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR ANCILLARY
DWELLING UNIT (X 16) AT 64 GATEWAY DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Acting Manager Development Assessment, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/ Application/ MCU19/0081 / Case/ 64 Gateway Drive Pty Ltd TTE
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 November 2019 regarding Planning & Environment
Court Appeal No. 176 of 2019 and agree to defend the appeal.
REPORT
On 19 September 2019 Council at an Ordinary Meeting resolved to refuse an application to
develop 64 Gateway Drive, Noosaville with 16 Ancillary Dwellings for the following reasons:
1. The proposed development is not for Ancillary dwelling units as defined under section
2.11.5 of the Planning Scheme because:
i. multiple dwelling units are proposed on the premises;
ii. the proposed dwelling units are not subordinate to the non-residential use.
2. The proposed development is for multiple housing which under Table 11.9 of Division 10 of
the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the
following respects:
i. The proposed use will be incompatible with other uses and works on the premises
contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
ii. The proposed use fails to protect the subject premises for industrial functions to the
exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes
Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached
House Code as land zoned industrial is not suited for residential use and would be located
in the vicinity of land uses which would adversely impact the occupation and use of
buildings and the site by residents and would result in the residential development
preventing or inhibiting the conduct of existing land uses.
5. A number of the proposed dwelling units contain upper level storage levels directly
accessed by internal stairs which would not meet fire separation requirements of the
Building Code of Australia.
6. There is no planning need for the proposed development.
Page 26 of 44
Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
7. The proposed development is inconsistent with the existing development approval in effect
for the development of the site for industrial uses and represents a piecemeal
development.
8. The proposed development is contrary to PO7 of the Low Impact industry Zone Code of the
draft New Noosa Plan provisions which reinforce that caretakers uses are to be
subordinate to the industrial uses on the site and include only one caretaker per site.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 September 2019, Item 3, Page 10
That Council note the report by Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Application No
MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
Units situated at 64 Gateway Drive Noosaville and
A. Refuse the application for the following reasons:
1. The proposed development is not for Ancillary dwelling units as defined under section
2.11.5 of the Planning Scheme because:
(i) multiple dwelling units are proposed on the premises;
(ii) the proposed dwelling units are not subordinate to the non-residential use.
2. The proposed development is for multiple housing which under Table 11.9 of Division
10 of the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring
impact assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the
following respects:
(i) The proposed use will be incompatible with other uses and works on the
premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
(ii) The proposed use fails to protect the subject premises for industrial functions to
the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
Outcomes Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
Detached House Code as land zoned industrial is not suited for residential use and
would be located in the vicinity of land uses which would adversely impact the
occupation and use of buildings and the site by residents and would result in the
residential development preventing or inhibiting the conduct of existing land uses.
5. A number of the proposed dwelling units contain upper level storage levels directly
accessed by internal stairs which would not meet fire separation requirements of the
Building Code of Australia.
6. There is no planning need for the proposed development.
7. The proposed development is inconsistent with the existing development approval in
effect for the development of the site for industrial uses and represents a piecemeal
development.
8. The proposed development is contrary to PO7 of the Low Impact industry Zone Code
of the draft New Noosa Plan provisions which reinforce that caretakers uses are to be
subordinate to the industrial uses on the site and include only one caretaker per site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016
Page 27 of 44
Section 28
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
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 28 of 44
Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
6 OPW17/0150.01 - PLANNING & ENVIRONMENT COURT APPEAL NO D186 OF 2019 -
REFUSAL OF APPLICATION FOR OPERATIONAL WORKS - PRESCRIBED TIDAL
WORKS - EXTENSION TO EXISTING JETTY AT 180 GYMPIE TERRACE, NOOSAVILLE
DOCUMENT INFORM AT ION
Author Acting Manager Development Assessment, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/ Application/ OPW17/0150.01 / Case/ Pelican Noosa Pty Ltd TTE
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 November 2019 regarding Planning & Environment
Court Appeal No. D186 of 2019 and agree to defend the appeal.
REPORT
On 19 September 2019 Council at an Ordinary Meeting resolved to refuse an application to
develop 180 Gympie Terrace, Noosaville with an extension to an existing jetty for the following
reasons:
1. The proposed works do not represent a minor change to the development approval
because the change results in a substantially different development as it extends the use
beyond the boundary of the lease and therefore results in the application applying to a new
parcel of land.
2. The proposed works will result in a commercial activity outside the existing commercial
lease area and have the potential to increase the overall scale and intensity of commercial
operations contrary to the following provisions of the Noosaville Locality Code:
(i) Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and foreshores from
the cumulative impacts of development;
(ii) Specific Outcome O27(d) and (f), O28 and O29;
3. The proposed development is contrary to Specific Outcome O5 (a) and (b) of the Waterway
Works Code as the works are contained outside the boundaries of the existing lot and the
berthing of vessels encroaches over the boundaries of the lot.
4. The proposal is contrary to Schedule 3 of the Coastal Protection and Management
Regulation 2017 as certification that the completed works comply with the requirements of
the regulation has not been provided.
5. The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways Works
Code of the draft New Noosa Plan whereby all commercial activities for a jetty are to be
confined to the commercial lease areas of the respective commercial operation.
Of note is that the application relates to works which were carried out contrary to the original
development approval.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Page 29 of 44
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Previous Council Consideration
Ordinary Meeting, 19 September 2019, Item 2, Page 9
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
make a minor change to an existing approval for extension to an existing jetty situated at Jetty
180 Gympie Terrace, Noosaville and
A. Refuse the change for the following reasons:
1. The proposed works do not represent a minor change to the development approval
because the change results in a substantially different development as it extends the
use beyond the boundary of the lease and therefore results in the application
applying to a new parcel of land.
2. The proposed works will result in a commercial activity outside the existing
commercial lease area and have the potential to increase the overall scale and
intensity of commercial operations contrary to the following provisions of the
Noosaville Locality Code:
(i) Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
foreshores from the cumulative impacts of development;
(ii) Specific Outcome O27(d) and (f), O28 and O29;
3. The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
Waterway Works Code as the works are contained outside the boundaries of the
existing lot and the berthing of vessels encroaches over the boundaries of the lot.
4. The proposal is contrary to Schedule 3 of the Coastal Protection and Management
Regulation 2017 as certification that the completed works comply with the
requirements of the regulation has not been provided.
5. The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways
Works Code of the draft New Noosa Plan whereby all commercial activities for a jetty
are to be confined to the commercial lease areas of the respective commercial
operation.
B. Advise the applicant that the structure must be modified to comply with the Development
Permit for Operational Works (OPW17/015) and approved plans within 6 months.
C. Write to the Department of Natural Resources, Mines and Energy and request that the
Department review the current commercial operations of Jetty 180 to ensure compliance
with the current lease conditions.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
Page 30 of 44
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 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 31 of 44
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
REPORTS FOR NOTING BY THE COMMITTEE
7 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 1ST
QUARTER 2019-20
DOCUMENT INFORM AT ION
Author Director Environment and Sustainable Development, Kim Rawlings
Environment and Sustainable Development Department
Index ECM/ Subject/ Environment and Sustainable Development Reports
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 12 November 2019 providing an update on
operations of the Environment and Sustainable Development Department for the period 1 July to
30 September 2019.
REPORT
The adopted organisation structure includes the following branches under the Environment and
Sustainable Development Department:
Environmental Services;
Strategic Land Use Planning;
Economic Development;
Development Assessment; and
Building and Plumbing
This report provides a brief summary regarding recent performance, current priorities and future
initiatives for the Environment and Sustainable Development Department.
Page 32 of 44
Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Director’s office
Short Stay Letting Draft Local Law Following significant feedback from Draft Local Law on short term letting Consultation closes 11 November.
community, business and other currently on consultation for Will then review submissions and
stakeholders on short term letting, community feedback. finalise Local Law for Council’s
officers worked with local short term A number of meetings held with consideration.
letting agents on potential ways to short term letting agents providing Development of procedures and
manage the issues associated with feedback on the local law. processes for implementation of
short term letting (3 meetings held) Local Law.
Draft Local Law and Code of
Conduct has been developed and
considered by Council for the
purpose of public consultation.
Electronic Lodgement of Building and Continuing to collaborate with ICT Plumbing to be pilot area to work Continue to develop the system with
Plumbing and Development Applications on developing the systems to with key stakeholders to test the ICT to prepare for implementation of
support a transition to electronic system, gain feedback and ensure electronic lodgement to align with
lodgement of applications. process creates efficiencies. implementation of New Noosa Plan.
Tourism Noosa Collaboration Hosted second cross organisational Continuing to support Tourism Future coordination meeting across
coordination meeting with Tourism Noosa/Noosa Council partnership a range of topics – finalisation of
Noosa on a range of issues/projects with Plastic Free Noosa. Chad from Trails Masterplan, exploration on
including: Plastic Free Noosa now working with next steps for plastic free, Kabi Kabi
Sustainable Event guidelines Council’s waste team one day per engagement.
Noosa Trails Masterplan week and supporting a range of
Noosa Plan consultation areas to transition from single use
Plastic Free Partnership plastics.
Kabi Kabi Engagement Regular engagement meetings held Exploring the development of a Continue to meet regularly and
with Kabi Kabi applicant group Noosa Council Engagement engage with Kabi Kabi applicant
Protocol with Kabi Kabi group on a range of mutual
initiatives and projects of interest.
Collaborate with Kabi Kabi group on
the development of engagement
protocol.
The Nature Conservancy Partnership - The 3 year partnership agreement Manager Environmental Services Work with new Project Director and
Bring Back The Fish between NSC and TNC adopted by involved in stage 1 of recruitment for TNC to initiate planning for
Council at the Ordinary Meeting, Project Director – anticipate project/technical advisory group.
July 2019. appointment to occur shortly. TNC to prepare detailed project
TNC Project Director recruitment plan.
underway
Page 33 of 44
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Environmental Services
Noosa Environment Strategy The Noosa Environment Strategy Development of working groups to Initial consideration of key priorities
was adopted by Council at the monitor implementation of actions for implementation of Environment
Ordinary meeting on 20 June 2019. across the four themes. Strategy to feed into 20/21 budget
Implementation of the Multi-year
Collaborative Grants (MEC) program
to fund community-based
implementation programs.
Environment Grants Second round of Environment Finalising application process for Run MEC Grants process, including
Project Grants finalised. MEC Grants. assessment.
Revised Environment Grants Policy Promotion of first round of MEC
adopted by Council. Grants.
New guidelines for the Multi-year Meeting with potential applicants.
Environment Collaborative (MEC)
Grant developed by Environment
Levy Working Group and noted at
Council meeting.
Noosa River Plan Completed Noosa Fishing Futures Finalise redrafting the Noosa River Prepare restructured draft of the
consultancy for input into the new Plan to reflect risk assessment for Noosa River Plan for community
River Plan and reported this to threats and values, from community consultation (timing to be
Council. feedback. determined).
Incorporating outcomes of the
fisheries review and Professor
Skilleter study.
Implementation of the ZEN Organisation Mayor Tony Wellington recognised Roll out of community education & Small sites solar procurement
Strategy as the Cities Power Partnership solar buy program process
Ambassador Landfill gas improvements Develop project scope for ZEN
Council ZEN approach & actions Complete installation of solar at Strategy revision
were a finalist in the CPP awards Noosa Library, Holiday Park & NAC Solar installation
Noosa awarded as host for the Cooroy Butter factory Community education/ solar buy
CPP Summit 2020 Landfill gas capture improvements
Calculation of 2018/19 carbon
footprint
Procurement completed for solar
systems at Noosa Library, Holiday
Park & Cooroy Butter Factory
Meetings with LMS re
improvement of landfill gas
Page 34 of 44
Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Private Land Conservation Partnerships Dave Burrows appointed to the Develop LFW incentive program Deliver LFW incentive program to
- Land for Wildlife and Voluntary Community Conservation (free trees and training in weed members commencing in November.
Conservation Agreements. Partnerships role. management). Provide recommendations on new
Update provided to LFW and VCA Finish assessing and prioritising new VCA properties to the Environment
members on new officer via LFW VCA applications. Levy Working Group. If endorsed
newsletter. Ongoing delivery of LFW extension proceed with establishing two
Signed up 5 new LFW properties, service (new properties and revisits). highest priority VCAs in the current
completed 13 LFW property revisits. Develop internal process for financial year.
Reviewed and edited LFW database uploading Council fauna and flora Ongoing delivery of LFW extension
and contacted change of ownership data into Qld Govt Wildnet database. services (new properties, workshops
properties to gauge their interest in and revisits).
the program. Ongoing participation in LFW SEQ
Visited all current VCA properties Steering Committee.
and organised on ground works for Actively uploading Council fauna
the current financial year. and flora data into Qld Govt Wildnet
Developed VCA assessment database.
guidelines and commenced Planning for delivery of 2 LFW
assessing new VCA applications via workshops to members in early
desktop analysis and field work. 2020.
Participated in LFW SEQ Steering
Committee.
LFWSEQ Transition Committee
opted to continue with current
regional management arrangement,
hosted by Sunshine Coast Council,
following EOI process.
Community Bushland Care Program Business as usual for delivery of Preparation for Bushcare Christmas Development of action plans for next
program. party. year.
Successfully delivered 4 community Organizing first aid for all groups. Re-stock all first aid kits and deliver
events (Weyba Community Planting, Maintaining all new plantings to WHS induction refresher to all
Nat Tree Day, Boreen Plant ID establishment. volunteers.
workshop and Bushcare Big Day
Out) and recruited 10 new
volunteers off the back of these
events.
Partnered with the Noosa Mens
Shed who are building nest boxes
for the Elysium Bushcare group.
Page 35 of 44
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Environment Levy Land Acquisition Community Engagement Plan Support HQP and DAF with Continue to support HQP/ DAF/
Program-Yurol-Ringtail initiated for Yurol-Ringtail State commencement of plantation timber QPS/ Landcare with Yurol-Ringtail
Forests Conservation Project in harvesting particularly in relation to State Forest Conservation Project
partnership with HQ Plantations customer enquiries and particularly in relation to customer
(HQP) and the Department of communication. enquiries and advise on vegetation
Agriculture and Fisheries (DAF) Ongoing engagement with key restoration works
stakeholders on management Initiate revegetation plan
arrangements with QPS/DAF and
vegetation restoration works
(Landcare).
Environment Levy Land Acquisition Nature refuge processing completed Finalising details around extension Dedication of Nature Refuge over
Program for Cooloothin Creek Bushland of the Girraween Nature Refuge. Girraween extension
Reserve Develop Environment Levy Finalise revolving fund business
Continue maintenance works at Revolving Fund and business case case in consultation with ELWG and
Johns Landing and Cooloothin and Council report Financial Services and develop
Council report
Pest Management Completed 1st quarter of Biosecurity Survey of properties in the Pomona Complete 2nd quarter of Biosecurity
Surveillance Program including the and Cooroy areas for the mapping Surveillance program.
inspection of properties in the and treatment of Cat’s Claw Creeper Finalise annual contract work for
Cooroy, Cooroy Mountain and infestations. Transport and Main Roads for feral
Tinbeerwah areas. Control of a newly detected deer control and priority weed
Completed the 2nd round of twice Fireweed infestation in the Cooroy control works on State Roads.
yearly coordinated Wild Dog control area.
1080 baiting working on public and Feral deer control in the Lake
private land in the Ridgewood, MacDonald area.
Federal, Kin Kin, Como and
Cootharaba areas.
Completed coastal Fox control den
detection and fumigation using
sniffer dogs to detect occupied dens.
Biosecurity Plan Internal and key stakeholder Council report on Draft plan Public consultation completed and
consultation completed. proposing public consultation community responses considered in
Draft Biosecurity Plan completed for process through Your Say Noosa. final Biosecurity Plan.
public consultation process.
Noosa Bushland Reserve Strategic Plan Developed document to align with Preliminary review of action plan. Further develop action plan and
Environment Strategy and finalise draft document for workshop
Implementation Plan
Page 36 of 44
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Noosa Trail Network Collaborated with Noosa District Preparation of Invitation for Quote Review of Noosa Trail Network
Landcare with revegetation projects documents for trail maintenance Assets and investigate inclusion into
on the trail network. contract. a potential Capital Work renewal
Installation of closure signage and Work with Noosa Tourism on Noosa program.
vehicle management infrastructure Trail Master Plan and consultant to
review draft.
Strategic Land use Planning
Drafting new Noosa Plan 3 month consultation period Working through submission that did Review submissions post
complete with 946 submissions not result in significant changes consultation and finalise Planning
received Undertaking consultation for Scheme for endorsement by Council
Recommended changes to the New significant changes. Consultation and referral to State for final sign off
Noosa Plan & presented to Council period open until 11th November. and gazettal in early 2020.
for endorsement to consultation -2nd Acknowledge all submissions
round of consultation proposed on received.
“Significant changes”.
Coastal Hazards Adaptation Plan Draft Climate Change Biodiversity Multi-criteria analysis and cost- Complete draft CHAP technical
Assessment (incl. report) completed. benefit analysis (where req’d) for report with consultants for Council
Phase 4 (asset identification) coastal erosion and inundation risks consideration.
completed. underway.
Phase 5 (risk assessment)
complete. Under review by State.
Coastal Communities cost-benefit
analysis under preparation.
Whole of Shire Climate Change Development of document structure Literature review and baseline risk Finalise whole-of-Shire multi-
Adaptation Plan and commencement of literature assessment for broader climate sectoral climate change risk
review and drafting. change plan. assessment with sector experts.
Preparation of community
engagement plan
Business as Usual activities General advice and advocacy Discussion with applicants about key Respond to enquiries and comments
Customer enquiries development sites linked to new arising from new planning scheme
planning scheme.
Page 37 of 44
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Economic Development
Local Economic Plan (LEP) The strategic intent of the LEP and Continuation of LEP implementation Build on the investment in new
implementation the associated 68 actions continue with a focus on increased business information tools such as id and
to be delivered by Council and its communications, marketing, Grant Guru
partners. Detailed actions for this economic information tools and Finalise concept planning for the
quarter listed below. grants uptake expansion of the Digital Hub
A review of the LEP action plan will Support final phase of New Planning
commence in the 4th quarter FY Scheme consultation
2019.
Business Support and Development Peregian Fires Working with potential grant Providing ‘concierge’ services to key
o Led the economic recovery in applicants to develop quality clients
partnership with State agencies, applications with high impact Continue to promote and improve
including door to door business outcomes. the quality of Grant applications
visits. Providing ‘concierge’ services to key Maximise the opportunity that the
Grants clients SCRIPT funded Entrepreneur in the
o Innovate Noosa 'Illuminate' event Digital Hub Director continues to Region presents.
featuring Regional entrepreneur provide mentoring services
Leigh Kelson
o Slow Food Noosa received a
project partnership grant to
expand the Snail of Approval
local food program and food
cluster project
o Cooroy Business Chamber
received a quick response grant
to host a business networking
event with 200 attendees
o Sunshine Coast Creative Alliance
received a project partnership
grant to support the Immerse
Conference 2019
Concierge service & meetings held
with multiple stakeholders including:
o Food Profilers, Cooroy
o Cooroy Legal Centre
o EarthTech
o Living Innovations re. Energy and
Renewables
Page 38 of 44
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
o Alkira Software re LGQA funded
pilot
o Neora, re. asteroid mining and
business location
o Cross Fit Noosa re planning
process
Digital Hub Director provided
extensive mentoring services to
tenants and associates. Instrumental
in a local partnership raising $2m
capital funds to expand business
Regional Innovation Program
(SCRIPT) continues to be delivered
across the Sunshine Coast
Key relationship meetings held with
and support provided to:
o CCIQ Noosa
o Noosa Junction Association
o Noosaville Business Association
o Sunshine Beach Business
Association
Industry & Sector Development Tourism Digital Hub – continue strong growth Digital Hub expansion – lead design
o Regular Tourism Noosa and and plan for expansion. of next stage as part of Rufous
Noosa Council teams meetings Education Sector – NETA charter Street project
o Finalised Value of Tourism report finalised and funding model Aviation (Drones) – support research
with Tourism Noosa operational and assessment of plans for a
Tech/Digital Sustainable Tourism – continue to national drone academy based in
o Peregian Digital Hub celebrated its be part of the Industry and Noosa
1st birthday in July 2019 and Sustainable Development working Education – rollout NETA programs
Council approved the continuation group and Value of Tourism project and finalise funding structure for
of the Council managed model for 2019/20
a further 3 year period Environment – support rollout of
o Rufous Street expansion – Earthtech venture
assessing options for next stage of
the digital hub
o GovHack 2019 held at the Digital
Hub
Education
Page 39 of 44
Section 40
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
o NETA (Education and Training
Alliance) focused on three
projects: Future Skills Hub, Career
Pathways and Noosa as an
Education Destination
Environment
o Cities Power Partnership Summit
2020 will be held in Noosa at The
J – October 28-30th 2020.
o Continuing to support Earthtech –
a new venture focused on
technology solutions of global
scale
Food & Agriculture
o Continue to rollout the FAN
partnership including local
capacity building events
Communications and Marketing Program Increased focus and investment in Continued promotion of the Peregian Continue to rollout business
marketing and communications Beach Digital Hub and all associated events/program calendar with
(within annual budget amounts). activities support from Council community
Two editions of e-newsletter Development of new marketing engagement team
published to a distribution list of collateral including consideration of
1,300. Strong subscription growth inclusion in the Tourism Noosa
and low unsubscribe rate. compendium
Leadership & Strategy Program Economic Development team Support and influence regional New Planning Scheme business
contributed to the following Council priorities through involvement with engagement
projects: RDA, Sunshine Coast Business Rufous Street next stage early
o New Planning Scheme business Council and others design consideration
engagement Continue to represent economic and
o Advertising signage review business interests across Council
o Scoping of set up of Place-based activity
approach
o Disaster recovery – economic
subgroup
o Rufous Street PCG (next stage
Digital Hub)
o Climate Change Adaptation &
Environment Strategy
Page 40 of 44
Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Business as Usual activities Represent Council at a range of Client management and inward Ongoing business enquiry
business and network forums business enquiries management
Meetings with key stakeholders
internally / externally
Development Assessment
Local Government Infrastructure Plan for Public Notification of the LGIP and Waiting for completion of second Complete and finalise with
next planning scheme review of submissions has been notification period of new Planning finalisation of New Noosa Plan
completed with no changes to the Scheme
LGIP proposed
Auditing program for Advertising Devices Agreements continue to be reached Modifying current signage register to Continue auditing program for
with a number of business owners in improve reporting ability advertising devices – Noosa Civic,
Hastings Street and Noosaville to Draft Local Law for Advertising being Gympie Terrace (including
address non- compliant signage re-advertised for 3 week period in foreshore) & Hinterland area
Draft Local Law notification for response to high number of Review submissions and finalise
comment from the community submissions which have resulted in Local Law
including targeted consultation with changes to the proposed Local Law.
industry groups occurred for period
of 7 weeks
Business as Usual activities Monthly reporting to Treasury Qld M Design & Fourteen Enterprise, Continued assessment of
State Government and Australian Tritton & Loxton, Hoffman and Development Applications lodged
Bureau of Statistics on development Gabarrin appeals underway under The Noosa Plan
approval information Mediation for RACV & Serratore
Settled Reece appeal appeals
Thomco originating application made
to P and E Court by applicant
Awaiting Kennlyn and Towbridge
judgements
Supporting the community
engagement and public notification
process for the New Noosa Plan
Working with Council ICT Branch in
developing electronic application
processes
Page 41 of 44
Section 42
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Building and Plumbing
Legislative Review Submitted Council report identifying Continue to monitor new procedures Council to host contractors industry
all new legislative obligations and and regulations, in particular: information night on 31 October
commitments under New legislation 1. 10 day approval process for 2019 at Noosaville Depot.
pertaining to Plumbing and Drainage Commercial and non-sewered
Act 2018. Plumbing applications.
2. Fast track 2 day plumbing
approvals
3. Administration commitment for
request for inspection
certificates
4. Request for additional
inspections within new
applications
Business as Usual activities Increased improvement in Work with new staff in bedding down Plan for joint meeting with Sunshine
percentage in our legislative procedures and processes. Coast and Moreton Bay Councils in
approval time frame processes due negotiating an agreement for
to new resources appointed to meet plumbing approvals with Distribution
workloads. Retailers
1. RABs and Document Host meeting with representatives
Lodgements meeting time from the Australian Bureau of
frames. Statistics (ABS) to ensure Councils
2. Building and plumbing systems and processes meet
compliance and audit requested information for the benefit
programmes meeting of our organisation and ABS.
timeframes.
Monthly reporting to Treasury Qld
State Government and Australian
Bureau of Statistics timeframes on
track
Plumbing and Building Audit, Continue to investigate swimming Mail out for stage two commercial New swimming pool educational
Educational Programmes pool immersions as requested by properties subject to Backflow material is being distributed to
and Swimming Pool Immersions Queensland Health. Prevention Device audit programme, identified customers.
Completed swimming pool the area for consideration is around
educational brochures and signage Project Avenue.
for customers New swimming pool educational
material is being distributed to
identified customers.
Page 42 of 44
Section 43
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Compliance Approvals –Council and Ongoing audit of outstanding Continue to undertake desktop study Work towards completing internal
Community. Internal Council Building files (stage and inspect outstanding Internal and review of certification and plumbing
one) external building files approval projects for Council
Completed: Building and Plumbing additional infrastructure.
1. North Shore Wilderness Camp approval projects; Prepare a progress internal memo
Plumbing approval o Building approval for changes at for Executive team meeting on work
2. Building certification and The J , underway completed thus far.
Plumbing Pony club amenities o Leisure Centre addition building
Tewantin approval underway
3. Building certification for
demolition approval of Hasting
Street Jet Ski Shed
4. Building certification approval
and document lodgement of
Cooran Crusher park seating
roof structure
Electronic Plumbing Application Worked with ICT to develop an Continue the development of Meet with targeted stakeholders
Project electronic application approval information training sessions for (industry companies/ consultants) to
programme for customers. identified customers. undertake implementation
Pilot the program with key processes.
stakeholders
Industry Forums Noosa hosted the SEQ Building and Attend next SEQ Forum and share Continue to work with LGAQ, Local
Development Forum at The J knowledge and ideas. Discuss initial Government Managers Association
attended by 18 Councils and LGAQ investigations into potential State and other Councils on key industry
wide building certification support issues and shared knowledge.
programme for Queensland Local
Governments. The aim of this
system is to support local
governments in undertaking building
certification obligations.
Page 43 of 44
Section 44
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 12 NOVEMBER 2019
Previous Council Consideration
Nil.
Finance
Nil.
Risks & Opportunities
The Environment and Sustainable Development Department continue to experience high
workloads across all areas. Public consultation is currently occurring on the second round of
Noosa Plan significant changes, a proposed new Local Law for Short Term Letting and second
round of consultation on proposed new Local Law on advertising signage. Consultation closes on
11 November for the Noosa Plan and the Short Term Letting Local Law and 15 November for the
Advertising Devices Local Law.
Consultation
External Consultation - Community & Stakeholder
Nil.
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 X Director Director
Community Engagement X Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance X Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 44 of 44