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2019-10-17 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 17 October 2019
commencing at 6pm
Federal Memorial Hall & Community Centre,
2 Skyring Creek Rd, Federal
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 17 OCTOBER 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 4
6 PRESENTATIONS 5
7 DEPUTATIONS 5
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 6
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 6
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 8
GENERAL COMMITTEE RECOMMENDATIONS 11
9 ORDINARY MEETING REPORTS 14
1 FURTHER REPORT - PROPOSED LOCAL LAW AMENDMENTS – ADVERTISING
DEVICES – POST PUBLIC CONSULTATION PROPOSED CHANGES 14
10 CLOSED SESSION 22
11 PUBLIC QUESTION TIME 22
12 NEXT MEETING 22
13 MEETING CLOSURE 22
Page 2 of 22
Section 3
ORDINARY MEETING AGENDA 17 OCTOBER 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 19 September 2019 be received and confirmed.
The Minutes of the Special Meeting held on 30 September 2019 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
Page 3 of 22
Section 4
ORDINARY MEETING AGENDA 17 OCTOBER 2019
5 NOTIFIED MOTIONS
1 NOTIFIED MOTION – CR INGRID JACKSON
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Ingrid Jackson
COUNCIL MEETING: Ordinary Meeting, 17 October 2019
I hereby notify of my intention to move the following motion at the Ordinary Meeting
to take place on Thursday, 17 October 2019.
That, in line the Noosa Transport Strategy 2017-2027 adopted 15 June 2017, the Noosa Transport
Strategy 12 Month Progress Report noted on 19 July 2018, and the e-Noosa Integrated Long Term
Transport Proposal noted on 19 July 2018, Council request the CEO to provide a report and
recommendations at the December 2019 round of Council meetings on:
A. The cost and the method of commissioning a pre-feasibility study into constructing purpose-
built park and ride parking stations at strategic locations on key Noosa Shire transport
corridors; and
B. A preliminary non-binding indication of where these stations might be located, taking into
consideration the suggestions in the July 2017 Transport Strategy Update and the e-Noosa
proposal; and
C. The pros and cons of different models for constructing, maintaining and managing these park
and ride parking stations, such as by council alone, through joint public/private partnerships,
and/or via private funding, and also opportunities for funding from other levels of government.
10 October 2019
Councillor Date
To all Councillors and Directors
I hereby notify that Cr Jackson intends to move the motion as shown above at the Ordinary Meeting
to be held 17 October 2019.
10 October 2019
Chief Executive Officer Date
Page 4 of 22
Section 5
ORDINARY MEETING AGENDA 17 OCTOBER 2019
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 5 of 22
ORDINARY MEETING AGENDA 17 OCTOBER 2019
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 5 of 22Section 6
ORDINARY MEETING AGENDA 17 OCTOBER 2019
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
8 OCTOBER 2019 - Crs Brian Stockwell (Chair), Jess Glasgow and Ingrid Jackson
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Frank Pardon (for Items 1 & 3)
1 MCU19/0017 & RAL19/0004 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2 MEDICAL, ANCILLARY
DWELLING UNIT AND RECONFIGURATION OF A LOT - ACCESS EASEMENT, SITUATED
AT 36 & 40 HOFMANN DRIVE, NOOSAVILLE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 October 2019 regarding Application No. MCU19/0017 for a
Material Change of Use - Commercial Business - Type 1 Office, Commercial Business - Type
2 Medical, Ancillary Dwelling Unit, and RAL19/0004 for a Reconfiguration of a Lot – Access
Easement (alteration of existing) situated at 36 & 40 Hofmann Dr, Noosaville and:
A. Approve the application in accordance with the following conditions contained in the
Planning & Environment Committee Agenda dated 10 October 2019.:
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
2 MCU16/0079.04 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR
EXTENSIONS TO RSL CLUB AT 5 MEMORIAL DRIVE, TEWANTIN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jackson
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 October 2019 regarding Application No. MCU16/0079.04 for a
minor change to Development Permit for Material Change of Use for extensions to RSL Club
situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and defer
consideration of the matter to the Ordinary Meeting dated 17 October 2019.:
A. Agree to amend condition 3 to read as follows:
3. The proposed development provides for an extension to the Gaming Area
(providing for a maximum of 210 gaming machines and limited to a maximum floor
area of 565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark
area and other internal modifications as shown on the approved plans.
B. Refuse to delete condition 3 for the following reason:
1. Maintaining the condition allows Council to regulate the area in which gaming can
occur and ensure that the gaming area remains ancillary and subordinate to the
primary use.
Page 6 of 22
Section 7
ORDINARY MEETING AGENDA 17 OCTOBER 2019
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs. Stockwell and Jackson
Against: Cr Glasgow
Carried.
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST PUBLIC
CONSULTATION PROPOSED CHANGES
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
Recommendation
The Planning & Environment Committee recommendations dated 8 October 2019 be adopted except
where dealt with or held over by separate resolution.
Page 7 of 22
Section 8
ORDINARY MEETING AGENDA 17 OCTOBER 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
8 OCTOBER 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Cr Ingrid Jackson, Cr Brian Stockwell
1 PUBLIC PASSENGER TRANSPORT - TRANSPORT LEGISLATION
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Project Manager Transport Innovation to the Services &
Organisation Committee Meeting dated 8 October 2019 regarding the legislative framework
that regulates public transport in Queensland.
Carried unanimously.
2 PUBLIC PASSENGER (URBAN BUS) TRANSPORT NETWORK REVIEW
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council note the report by the Project Manager Transport Innovation to the Services &
Organisation Committee Meeting dated 8 October 2019 regarding the Public Passenger
(Urban Bus) Transport Network Review, and:
A. Note the findings of the public passenger (urban bus) transport network review; and
B. Request the Chief Executive Officer to negotiate a Memorandum of Understanding with
the Department of Transport and Main Roads to facilitate public transport initiatives and
to provide Council with a future report on the proposed MOU including detailed costings
and funding models for any proposed initiatives in the MOU.
Carried unanimously.
3 PEAK PERIOD TRAFFIC MANAGEMENT PLAN 2019-20
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Project Manager and Project Officer – Transport Innovation
to the Services & Organisation Committee Meeting dated 8 October 2019 regarding the Peak
Period Traffic Management Plan 2019/2020 and:
A. Approve the use of free holiday buses for TransLink Routes 626, 627, 628, 629 and 632
from the 14 December 2019 to the 27 January 2020 and the 4 April 2020 to the 19 April
2020;
B. Approve the use of a bus service 064 between Peregian Beach and Noosa Heads from
the 14 December 2019 to the 27 January 2020 and the 4 April 2020 to the 19 April 2020;
C. Approve the trial of a Noosa branded Park & Ride shuttle bus loop servicing Weyba
Road, Noosa Parade, Hastings Street and Noosa Drive from the 14 December 2019 to
the 27 January 2020;
Page 8 of 22
Section 9
ORDINARY MEETING AGENDA 17 OCTOBER 2019
D. Approve the trial of temporary bus queue jumps east bound on Noosa Parade, and north
bound on Noosa Drive from the 26 December 2019 to the 5 January 2020;
E. Approve the use of free services on the Boreen Point - Tewantin Flexilink and Council
Cabs from the 26 December 2019 to the 5 January 2020;
F. Approve the use of an Information Management System at key entry points to Noosa
from the 14 December 2019 to the 27 January 2020 and the 4 April 2020 to the 19 April
2020 for the purpose of informing motorists of car parking availability;
G. Approve the use of traffic control in the Hastings Street precinct and surrounding areas
to prioritise bus and pedestrian movements from the 14 December 2019 to the 27
January 2020 and the 4 April 2020 to the 19 April 2020;
H. Approve the use of wayfinding in the Hastings Street and Noosa Junction precincts from
the 14 December 2019 to the 27 January 2020 and the 4 April 2020 to the 19 April 2020;
and
I. Approve the temporary conversion of 8 parallel car parks on the southern side of
Hastings Street from the Hastings Street roundabout to 28 Hastings St for other uses
including, loading bays and increased footpath, from 14 December 2019 to 27 January
2020 and from 4 April 2020 to 19 April 2020.
Carried unanimously.
4 1819T084 RUFOUS STREET STAGE 3 CONTRACT AWARD
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wellington
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 8 October 2019 and award the tender 1819T084 – for
the Design and Construction of Rufous Street Community House (Stage 3) and Car Park to
Ri-con Contractors Pty Ltd.
Carried unanimously.
5 PROPOSED EXPRESSION OF INTEREST FOR THE NOOSA NAVY CADET FACILITY -
NOOSA DISTRICT SPORTS COMPLEX
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wilke
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 8 October 2019 regarding the facility at the Noosa
District Sports Complex and agree to proceed to an Expression of Interest process regarding
the Noosa Navy Cadet facility to identify a suitable community group to offer a Trustee Lease
for the site, as detailed in the report.
Carried unanimously.
Page 9 of 22
Section 10
ORDINARY MEETING AGENDA 17 OCTOBER 2019
6 COMMERCIAL PROPERTY MANAGEMENT SERVICES - SUNRISE BEACH
NEIGHBOURHOOD SHOPPING CENTRE AND PEREGIAN DIGITAL HUB (TENDER
1920T016)
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Property Officer to the Services & Organisation Committee
Meeting dated 8 October 2019 regarding Commercial Property Management Services for
Sunrise Beach Neighbourhood Shopping Centre and the Peregian Digital Hub and
A. Award contract 1920T016 to Colliers International (SC) Pty Ltd CISC REM Pty Ltd for
the Property Management Services Contract for an initial Five (5) year period
commencing 1 November 2019; and
B. Authorise the Chief Executive Officer to extend the contract for a further One (1) x Five
(5) year period, subject to satisfactory performance, at Council’s sole discretion.
Carried unanimously.
7 TEMPORARY EVENT BONDS NOOSA HEADS LIONS PARK - PROPOSED FEES 2019 20
SCHEDULE OF FEES AND CHARGES
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 8 October 2019 and agree to include the following additional
temporary event bond fees in Council’s 2019/20 Schedule of Fees and Charges for events
held in Noosa Heads Lions Park:
Temporary Event Bond Category - Noosa Heads Lions Park Amount
Temporary Event Bond Noosa Heads Lions Park – High Impact $50,000
Temporary Event Bond Noosa Heads Lions Park – Moderate Impact $20,000
Temporary Event Bond Noosa Heads Lions Park – Low Impact $5,000
Carried unanimously.
Recommendation
The Services & Organisation Committee recommendations dated 8 October 2019 be adopted except
where dealt with or held over by separate resolution.
Page 10 of 22
Section 11
ORDINARY MEETING AGENDA 17 OCTOBER 2019
GENERAL COMMITTEE RECOMMENDATIONS
14 OCTOBER 2019 - Crs. Joe Jurisevic (Acting Chair), Jess Glasgow, Ingrid Jackson,
Frank Pardon and Brian Stockwell
Apology: Crs Frank Wilkie and Tony Wellington
APPOINTMENT OF CHAIRPERSON
Moved: Cr Jackson
Seconded: Cr Pardon
That the Committee appoint Cr Jurisevic as the Acting Chairperson for the meeting.
Carried unanimously.
1 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST PUBLIC
CONSULTATION PROPOSED CHANGES
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 8 October 2019 and resolve:
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal
fees for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy only on
private land, with criteria relating to sign placement, size, safety and stabilityplaced
on the property to which it refers, or where this is not practically possible,
immediately adjacent to the property, with criteria relating to sign placement, size,
safety and stability;
v. allow one four (14) real estate directional signs per auction / open for inspection to
be placed on or out the front of the property to which it refers to, with criteria relating
to size, location and illumination restrictions with the following criteria:;
(i) signs may only be placed on the day of the auction/open for inspection and
removed immediately after the auction/open for inspection; and
(ii) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(iii) only (4) four, directional signs per event are permitted including the
auction/open for inspection sign erected at the property; and
(iv) signs may not be placed on roundabouts, centre traffic islands, median strips,
or any state-controlled road; and
(v) only (1) sign may be placed at each intersection; and
(vi) signs shall not be illuminated or animated.
Page 11 of 22
Section 12
ORDINARY MEETING AGENDA 17 OCTOBER 2019
vi. amend the definition of “tenancy” to clarify signage allowances apply to the
principal tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint
trim of a building, fuel safety signs, warnings and way finding are not included as
part of the sign face area calculation;
viii. amend the measurement of sign face area to only include the area around the
perimeter of the advertising devices, rather than drawing a square or rectangle
around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include
business signage on business vehicles or car wrapping;
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the
draft local law;
xii. make other minor changes for clarification purposes where necessary.
xiii. increase the maximum individual sign allowance in the Cooroy and Noosaville
industrial zone to 6sqm on a sliding scale of .75sqm per linear metre of street facing
building, (excluding Eumundi Noosa Road and Walter Hay Drive as the gateways
to Noosa) in recognition of larger buildings and industrial nature of the area.
xv. Increase the number of community service organisation signs for sporting club sign
on days from 6 to 10, with 6 permitted within 5km of the club and 4 permitted
outside a 5km radius of the club.
B. To delegate authority to the Chief Executive Officer to make changes to Administration
and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 and
Administration (Amendment) Local Law (No.1) 2019 as a result of changes proposed in
A above and to make minor amendments prior to public notification if required;
C. To fund ongoing signage compliance through Council’s general revenue and not an
annual licence renewal fee and refer to next budget 2020/2021;
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage.
F. In accordance with Council’s Local Law Making Process Policy:
i. consult with the public about the proposed changes to Administration
(Amendment) Local Law (No.1) 2019 and Administration and Other Subordinate
Local Law (Amendment) Subordinate Local Law (No.1) 2019 for a period of 21
days;
ii. amend the Public Interest Test Plan to reflect the changes to the List of likely anti-
competitive provisions contained in Attachment 1;
iii. continue to consult with stakeholders on the proposed changes to the draft local
law.
G. To undertake a further review of advertising devices when the signage audit is
completed.
For: Crs. Pardon, Jackson, Glasgow and Jurisevic
Against: Cr Stockwell
Carried.
Page 12 of 22
Section 13
ORDINARY MEETING AGENDA 17 OCTOBER 2019
2 PUBLIC QUESTION TIME GUIDELINE
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 14 October 2019 and adopt the Public Question Time Guideline provided as Attachment
1 to the report.
Carried unanimously.
3 FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2019
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Director Corporate Services to the General Committee
Meeting dated 14 October 2019 outlining September 2019 year to date financial performance
against budget, including key financial sustainability indicators.
Carried unanimously.
Recommendation
The General Committee recommendations dated 14 October 2019 be adopted except where dealt
with or held over by separate resolution.
Page 13 of 22
Section 14
ORDINARY MEETING AGENDA 17 OCTOBER 2019
9 ORDINARY MEETING REPORTS
1 FURTHER REPORT - PROPOSED LOCAL LAW AMENDMENTS – ADVERTISING
DEVICES – POST PUBLIC CONSULTATION PROPOSED CHANGES
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index ECM/ 37.14 – Local Law No. 1 – Administration Amendment Advertising
Devices
Attachments Nil.
EXECUTIVE SUMMARY
At the General Committee meeting on 14 October 2019, Councillors considered a report referred
from the Planning and Environment Committee on 8 October 2019 on proposed changes to the draft
local law for advertising devices following public consultation.
Councillors requested further information for consideration at Council’s Ordinary Meeting on 17
October 2019, the subject of this report. The original staff recommendation is set out below.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning and Environment
Committee dated 8 October 2019 and the further report to the Ordinary Meeting dated 17 October
2019 and resolve:
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal fees
for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy only on private
land, with criteria relating to sign placement, size, safety and stability;
v. allow one (1) real estate directional sign per auction / open for inspection to be placed
on or out the front of the property to which it refers to, with criteria relating to size, location
and illumination restrictions;
vi. amend the definition of “tenancy” to clarify signage allowances apply to the principal
tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint trim
of a building, fuel safety signs, warnings and way finding are not included as part of the
sign face area calculation;
viii. amend the measurement of sign face area to only include the area around the perimeter
of the advertising devices, rather than drawing a square or rectangle around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include business
signage on business vehicles or car wrapping;
Page 14 of 22
Section 15
ORDINARY MEETING AGENDA 17 OCTOBER 2019
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft
local law;
xii. make other minor changes for clarification purposes where necessary.
B. To delegate authority to the Chief Executive Officer to make changes to Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 and
Administration (Amendment) Local Law (No.1) 2019 as a result of changes proposed in A
above and to make minor amendments prior to public notification if required;
C. To fund ongoing signage compliance through Council’s general revenue and not an annual
licence renewal fee and refer to next budget 2020/2021;
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage;
F. In accordance with Council’s Local Law Making Process Policy:
i. consult with the public about the proposed changes to Administration (Amendment)
Local Law (No.1) 2019 and Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019 for a period of 21 days;
ii. amend the Public Interest Test Plan to reflect the changes to the List of likely
anticompetitive provisions contained in Attachment 1;
iii. continue to consult with stakeholders on the proposed changes to the draft local law.
REPORT
The purpose of this report is to provide further information on a number of issues considered in the
revised local law and provide possible options for advertising device provisions as requested by
Council at the General Committee meeting on 14 October 2019.
BACKGROUND
A report was submitted to the Planning and Environment Committee on 8 October 2019
recommending changes to the proposed draft local law for advertising devices in response to public
submissions. The report was referred to the General Committee Meeting on 14 October 2019
because of its significance.
The General Committee requested a supplementary report be provided with further information
regarding options for advertising device provisions. The General Committee recommendation is as
follows:
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 8 October 2019 and resolve:
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal fees
for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
Page 15 of 22
Section 16
ORDINARY MEETING AGENDA 17 OCTOBER 2019
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy only on private
land, with criteria relating to sign placement, size, safety and stabilityplaced on the
property to which it refers, or where this is not practically possible, immediately adjacent
to the property, with criteria relating to sign placement, size, safety and stability;
v. allow one four (14) real estate directional signs per auction / open for inspection to be
placed on or out the front of the property to which it refers to, with criteria relating to size,
location and illumination restrictions with the following criteria:;
(i) signs may only be placed on the day of the auction/open for inspection and
removed immediately after the auction/open for inspection; and
(ii) a sign must not exceed 750mm x 400mm or 0.3m² in area per side; and
(iii) only (4) four, directional signs per event are permitted including the auction/open
for inspection sign erected at the property; and
(iv) signs may not be placed on roundabouts, centre traffic islands, median strips, or
any state-controlled road; and
(v) only (1) sign may be placed at each intersection; and
(vi) signs shall not be illuminated or animated.
vi. amend the definition of “tenancy” to clarify signage allowances apply to the principal
tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint trim
of a building, fuel safety signs, warnings and way finding are not included as part of the
sign face area calculation;
viii. amend the measurement of sign face area to only include the area around the perimeter
of the advertising devices, rather than drawing a square or rectangle around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include business
signage on business vehicles or car wrapping;
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft
local law;
xii. make other minor changes for clarification purposes where necessary.
xiii. increase the maximum individual sign allowance in the Cooroy and Noosaville industrial
zone to 6sqm on a sliding scale of .75sqm per linear metre of street facing building,
(excluding Eumundi Noosa Road and Walter Hay Drive as the gateways to Noosa) in
recognition of larger buildings and industrial nature of the area.
xv. Increase the number of community service organisation signs for sporting club sign on
days from 6 to 10, with 6 permitted within 5km of the club and 4 permitted outside a 5km
radius of the club.
B. To delegate authority to the Chief Executive Officer to make changes to Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 and
Administration (Amendment) Local Law (No.1) 2019 as a result of changes proposed in A
above and to make minor amendments prior to public notification if required;
C. To fund ongoing signage compliance through Council’s general revenue and not an annual
licence renewal fee and refer to next budget 2020/2021;
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage.
Page 16 of 22
Section 17
ORDINARY MEETING AGENDA 17 OCTOBER 2019
F. In accordance with Council’s Local Law Making Process Policy:
i. consult with the public about the proposed changes to Administration (Amendment)
Local Law (No.1) 2019 and Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019 for a period of 21 days;
ii. amend the Public Interest Test Plan to reflect the changes to the List of likely anti-
competitive provisions contained in Attachment 1;
iii. continue to consult with stakeholders on the proposed changes to the draft local law.
G. To undertake a further review of advertising devices when the signage audit is completed.
ADDITIONAL INFORMATION REQUESTED
Definition of Tenancy
The report to Planning and Environment Committee Meeting on 8 October 2019 recommended a
change to the definition of tenancy to clarify that signage allowances in the draft local law apply to
the principal tenancy holder and not separate sub-let businesses operating from the same
tenancy/building.
The proposed change aims to ensure that each separate business operating within the one
tenancy/building is not entitled to the 10sqm signage allowance or additional signage allowances
such as more than one A-frame sign. This clarification of the definition meets the intent of the
provisions and is to ensure misinterpretation of the definition does not result in excessive signage
on a building.
An example of this, is where multiple businesses operate within one tenancy / building which may
include a café, butcher, grocer and baker, such as the Belmondos model. Another example is where
there is a building within a single lease area, such as the jetties on Noosa River, but multiple
businesses operate from the same building such as a café, boat hire, tour company, ferry etc.
In these instances, the allocation of the signage allowance of a maximum of 10sqm and one (1) A-
frame allowance applies to the whole tenancy/building regardless of the number of businesses
operating from tenancy.
However, where there is one lot with multiple clearly defined separately operating tenancies /
buildings the maximum 10sqm allowance and other signage allowances such as one A-frame per
tenancy is intended to apply to each.
Minor clarification changes to the Tenancy definition and any subsequent changes to the draft local
law for the allocation of total signage allowances for the circumstances outlined above are proposed
prior to re-notification.
Sandwich boards / A frame signs
Under the current local law for advertising devices, each tenancy can have a single A-frame sign or
alternatively, a tear drop flag, but not both.
Under the proposed new local law A-frame signs and tear drop flag signs were proposed to be
prohibited. After significant community feedback via submissions on the draft local law, changes are
proposed as outlined in the report to Planning and Environment Committee to allow one (1) A-Frame
sign per tenancy only on private land (inclusive of lease areas along Noosa River) and continue to
prohibit tear drop signs.
Page 17 of 22
Section 18
ORDINARY MEETING AGENDA 17 OCTOBER 2019
The recommendation in the report to Committee aimed to find a balance between allowing A-frames
on private land, while still reducing some signage clutter and importantly reducing the public liability
risk Council is exposed to when A-frames are placed on footpaths and public land.
As outlined above, the clarification of the tenancy definition would confirm that one (1) A-frame sign
would only be permitted for each tenancy/building, regardless of the number of businesses operating
from the tenancy.
Should Council wish to permit one (1) A frame sign per business, and continue to allow the A-frame
to be located on public land, the following alternative wording would be suitable:
“Allow one (1) sandwich board / A –Frame sign with the following criteria:
(i) a maximum of (1) advertising device per business may be displayed; and
(ii) the advertising device must be placed on the property to which it refers, or where this is not
practically possible immediately adjacent to the property; and
(v) the sign face area of the advertising device must not exceed 900mm x 600mm or 0.54m2 on
each side of the advertising device; and
(vi) the advertising device must be structurally sound, stable and not pose a hazard or safety risk
to the public; and
(vii) a public liability certificate to the value of $20,000,000 must be current.”
It should be noted under this scenario that as A-frames signs would be self-assessable, Council
would be essentially consenting to the placement of A-frame signs on public land and potentially
exposing Council to future liability.
Introducing a permit system as per outdoor dining, whereby the location and placement of the sign
on public land is assessed and specified and public liability insurance is required, may minimise
Council’s exposure however is unlikely to fully eliminate this risk and would create considerable red
tape for businesses. Further legal advice would be required on this matter should Council wish to
implement a permit system and require public liability be provided for A frames.
Tear drop flags
Under the current local law each tenancy may have one (1) tear drop flag, as an alternative to an A-
frame sign, but not both.
Under the draft local law, tear drop signs were proposed to be prohibited. Tear drop flags have
proliferated in Noosa Shire, particularly in the industrial zones resulting in an increase in visual
clutter. The report to the Planning and Environment Committee meeting on 8 October 2019
recommended maintaining the proposed prohibition of tear drop flags.
Should Council wish to permit one (1) tear drop flag per business as an alternative to A-frame signs
(but not both) then the criteria in the proposed local law for tear drop flags is required to be included
to revert to existing the situation under the current local law as below;
“Allow tear drop flags with the following criteria:
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy; and
(iii) the sign must be placed only on the primary street frontage and must not be placed at the rear
of the property on a secondary road frontage; and
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Section 19
ORDINARY MEETING AGENDA 17 OCTOBER 2019
(iv) the sign must be placed on the property to which it refers or where this is not practically possible
immediately adjacent to the property; and
(v) the maximum height permitted is 2.0 metres; and
(vi) may only be displayed instead of using an A Frame sign.”
At the General Committee meeting Council requested alternative wording to also consider allowing
more than one tear drop on lots with a frontage greater than 20m in length, at a rate of 1 per 20m,
limited to the primary street frontage, and not along rear or secondary road frontages. The following
alternative wording would be suitable:
“Allow tear drop flags with the following criteria:
(i) the sign may only be used when the business is open; and
(ii) a maximum of (1) one sign per tenancy is permitted where the primary street frontage is less
than 20m in length or where the primary street frontage is greater than 20m, one (1) every
20m; and
(iii) the sign must be placed only on the primary street frontage and must not be placed at the rear
of the property on a secondary road frontage; and
(iv) the sign must be placed on the property to which it refers or where this is not practically possible
immediately adjacent to the property; and
(v) the maximum height permitted is 2.0 metres; and
(vi) may only be displayed instead of using an A Frame sign.”
The above provision would enable a far greater number of tear drop flags than currently allowed, the
existing provision being 1 tear drop or A-frame per tenancy not both. Although it is difficult to
accurately calculate, it could be assumed that a significant number of properties both in the coastal
area (tourist accommodation sites that many have longer than 20 m frontages) and many of the
industrial sites would have frontages longer than 20sq m.
Should Council wish to limit the location to which tear drop flags are permitted, such as industrial
zones, this may be done by way of a map which designates the areas to which this could occur. This
map would need to be prepared prior to re-notification of the proposed local law.
Window / glazed area
Currently, The Noosa Plan and the proposed new Noosa Plan requires the ground floor of a premises
to provide at least 50% transparent glazing to shop fronts to create active building fronts and
interesting vibrant streetscapes. The draft local law is consistent with this requirement allowing for
no more than 50% of the glazed part of the building to be covered by signage.
Images attached to windows showing products sold on the premises are currently regarded as an
advertising device and included in the sign face area calculation. The extent of window coverage is
limited to 50% of the glazed part of the building.
Should Council wish to exclude these images from being defined as an advertising device, an
amendment would be required to the definition of sign face area. The following wording would be
suitable:
“amend the definition of “sign face area” to clarify that product images representing the goods sold
on the premises attached to the glazed area of a building are not included as part of the sign face
area calculation;”
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Section 20
ORDINARY MEETING AGENDA 17 OCTOBER 2019
Council also requested consideration of increasing the allowable glazed area from 50 % to 100%.
Options are provided below for alternate wording to enable this.
Option 1
“Amend the window sign requirements to increase the allowable coverage of the glazed area of the
building to which the advertising device is attached to 100 %, excluding doors and entry ways which
must remain transparent.
Amend the new Noosa Plan building design and streetscape provisions regarding extent of glazed
area of a building to effect the change above.
Allow LCD digital screens as part of the window coverage allowance, together with other window
signage.”
Option 2
“Amend the window sign requirements to enable the allowable coverage of the glazed area of the
building to exceed 50%, allowing for up to 100% of the glazed area where the protection of goods
from sun damage or privacy is required, excluding doors and entry ways which must remain
transparent.
Amend the new Noosa Plan building design and streetscape provisions regarding extent of glazed
area of a building to effect the change.
Allow LCD digital screens as part of the window coverage allowance, together with other window
signage.”
It should be noted that any change to the allowable 50% coverage of the glazed part of the building
under the draft local law would also require a change to the new Noosa Plan resulting in a significant
departure from a long standing provision which has maintained an active street frontage in town
centres, high level of amenity and interesting streetscape. Transparent windows and viewing product
displays are vital for a dynamic and active streetscape. Any increase to window coverage would
result in a poor outcome for activity centres and villages
Previous Council Consideration
A report was submitted to the Planning and Environment Committee on 8 October 2019 and referred
to the General Committee meeting on 14 October 2019. Further information contained in this report
was requested for consideration at the Ordinary Meeting on 17 October 2019.
Finance
There are no financial implications resulting from this report.
Risks & Opportunities
Because the new Planning Scheme does not contain provisions for advertising devices, the draft
local law must be in place at the time of its commencement to ensure adequate regulation and
management of advertising devices. It is anticipated the new Planning Scheme will be in place in
early 2020 at which time the local law will need to commence.
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Section 21
ORDINARY MEETING AGENDA 17 OCTOBER 2019
Consultation
External Consultation - Community & Stakeholder
No external consultation was undertaken in preparing this supplementary report.
Internal Consultation
Internal consultation was under within the Environment and Sustainable Development Department
in preparing this supplementary report.
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 Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 22
ORDINARY MEETING AGENDA 17 OCTOBER 2019
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
(Not yet commenced)
12 NEXT MEETING
The next Ordinary Meeting will be held on 21 November 2019 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
13 MEETING CLOSURE
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