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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 22

Section 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



                                                                                         Page 18 of 22

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;”

                                                                                            Page 19 of 22

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.




                                                                                       Page 20 of 22

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




                                                                                       Page 21 of 22

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




                                                                           Page 22 of 22

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