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2022-09-12 General Committee Meeting Agenda
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AGENDA
General Committee
Meeting
Monday, 12 September 2022
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Full text of sections 2 to 73 (of 85)
Section 2
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4. DEPUTATIONS 3
5. ITEMS REFERRED FROM COMMITTEES 3
1 MCU22/0062 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR
OFFICE AT 2 EMERALD STREET COOROY 3
2 RAL21/0035 – APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS)
AT 21 JIRIMMA CRESCENT, COOROIBAH 3
6. REPORTS DIRECT TO GENERAL COMMITTEE 4
3 MCU22/0062 – FURTHER REPORT - APPLICATION FOR A MATERIAL
CHANGE OF USE FOR OFFICE AT 2 EMERALD STREET COOROY 4
4 FURTHER REPORT - MCU21/0212 - APPLICATION FOR A MATERIAL
CHANGE OF USE – DWELLING HOUSE AT 66 SEAVIEW TERRACE,
SUNSHINE BEACH 15
5 FURTHER REPORT - MCU19/0017.02 & RAL19/0004.02 FOR A MINOR
CHANGE TO DEVELOPMENT APPROVAL FOR COMMERCIAL BUSINESS -
TYPE 1 OFFICE, COMMERCIAL BUSINESS - TYPE 2 MEDICAL & ANCILLARY
DWELLING UNIT & RECONFIGURATION OF A LOT – ACCESS EASEMENT
AT 36 - 40 HOFMANN DRIVE, NOOSAVILLE 29
6 LIFEGUARD SERVICES – REQUEST FOR QUOTATION ASSESSMENT
(T000075) 44
7 ENTERPRISE RISK AND OPPORTUNITY MANAGEMENT POLICY 52
8 BURGESS CREEK COASTAL EROSION AND WATER QUALITY 66
9 FINANCIAL PERFORMANCE REPORT – AUGUST 2022 71
7. CLOSED SESSION 85
Page 2 of 85
Section 3
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the General Committee Meeting held on 15 August 2022 be received and
confirmed.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
5. ITEMS REFERRED FROM COMMITTEES
PLANNING & ENVIRONMENT COMMITTEE
1 MCU22/0062 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR OFFICE
AT 2 EMERALD STREET COOROY
(Planning & Environment Committee Agenda, 6 September 2022, Item 1, Page 4)
Reason for referral – for a further report (refer Report No. 3).
2 RAL21/0035 – APPLICATION TO RECONFIGURE A LOT (1 LOT INTO 2 LOTS) AT
21 JIRIMMA CRESCENT, COOROIBAH
(Planning & Environment Committee Agenda, 6 September 2022, Item 3, Page 22)
Reason for referral – for further consideration.
SERVICES & ORGANISATION COMMITTEE
Nil.
Page 3 of 85
Section 4
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
6. REPORTS DIRECT TO GENERAL COMMITTEE
3 FURTHER REPORT - MCU22/0062 - APPLICATION FOR A MATERIAL CHANGE
OF USE FOR OFFICE AT 2 EMERALD STREET COOROY
Author Development Planner, Nadine Gorton
Environment and Sustainable Development Department
Index ECM/ Applications/MCU22/0067
Attachments Nil
EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment
Committee meeting dated 6 September 2022 recommending approval of the application
subject to conditions. The matter was considered at the Committee meeting where
Councillors raised concerns as to the following:
presentation of the building to Emerald Street;
whether an additional PWD (person with disabilities) carpark could be provided on site;
and
whether there was the ability to provide additional PWD carparking within the area.
A further report was requested to be provided to the General Committee detailing conditions
of approval relating to the building design and if appropriate an additional PWD carpark.
The applicant was contacted regarding the above issues and subsequently indicated that
they considered the design complied with the Noosa Plan requirements and requested that
the matter be assessed as they intended to commence construction as soon as possible.
The application is recommended for approval as it is considered to comply with provisions of
the Noosa Plan 2020 and this recommendation is detailed below however a further motion
which includes additional conditions relating to building design is also provided, if Council
decides that alterations are required to the design.
No condition has been prepared in relation to an additional PWD carpark as this is not a
reasonable nor relevant condition.
Additional Conditions
The parapet to the Emerald Street frontage is to be removed and replaced with a hip
roof design.
All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice or if shown on the approved plans.
Street awnings must be provided for the full frontage of the building to Emerald Street.
The awning must be designed to provide maximum continuous solar and rain
protection and promote all weather activity but provide opportunities for street tree
planting and landscaping. The width of the awning must be determined in consultation
with the Manager Development Assessment prior to the issue of the operational works
approval and is to include a sloping roof form. Posts are to be provided and must be
located to the outer most point of the awning so as not to impede pedestrian traffic.
Page 4 of 85
Section 5
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee dated 6 September 2022 and the Further Report to the General Committee
Meeting dated 12 September 2022 regarding Application No. MCU22/0062 for a
Development Permit for a Material Change of Use for Offices situated at 2 Emerald Street,
Cooroy and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SK-01 G Floor Plans Prepared by Wiltshire Stevens Architecture 23.08.2022
SK-02 G Elevations Prepared by Wiltshire Stevens Architecture 23.08.2022
SK-04 G Sections Prepared by Wiltshire Stevens Architecture 23.08.2022
Building Appearance
3. Ground floor shopfront glazing along the Emerald Street frontage must be fully
transparent to a minimum of 65% of the street frontage to allow passive
surveillance and encourage social interaction and must be provided at full height
(floor to ceiling).
4. Any security screens on the premises consist of grille or translucent screens and
not solid shutters, screens or roller-doors.
5. All mechanical equipment and other service infrastructure located on the site
must be:
a. located not less than 2 metres from a property boundary.
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
6. Roof materials must be non-reflective and designed with colours and styles to
minimise the visual impact of the development.
7. The street awning must extend for the full width of the frontage and be setback
1m from the face of the kerb. Amended plans must be submitted prior to the issue
of an operational works approval.
8. All ground floor shopfront glazing must be protected against vandalism by the
use of a form of safety glass such as toughened or laminated glass.
9. During operating hours, all parking areas, pedestrian areas and entrances/exits
to all stairwells, lifts, foyers and public toilets must be well lit with vandal resistant
lighting and with intensities to satisfy the requirements of Australian Standard
AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast
between shadows and well lit areas. In particular, appropriate security lighting
must be provided along the full length of the proposed pedestrian/cycleway.
Page 5 of 85
Section 6
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Currency Period
10. This development approval lapses if the use has not happened by 15 September
2028 unless an application to extend the currency period is approved by Council.
Building Height
11. The maximum height of the development must not exceed RL118.15 to the peak
of the roof line as detailed on section B-B of Plan SK04.
12. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the building does not exceed the maximum height requirement of
this Decision Notice.
Performance Bond
13. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the issue of a Development Permit for Operational Works.
The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Street Identification
14. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the building name.
External Works – Wimmers Lane
15. Wimmers Lane must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. construction of kerb and channelling, road widening and underground
stormwater drainage to the development side only. The final extent and
alignment of works to be determined as part of the subsequent
Operational Works approval.
Road Widening of Wimmers Lane
16. The developer must dedicate as “road” a 2m wide strip extending across the full
frontage of the site to Wimmers Lane. The dedication must be in accordance with
drawing number Plan number SK01 Version G dated 23 August 2022 prepared
by Wiltshire Stevens Architecture.
17. The dedication must be completed prior to the commencement of the use.
External Works – Emerald Street
18. Emerald Street must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a full width pathway extending from the property boundary to the kerb and
channel.
b. works to transition the new full width pathway to match smoothly with the
existing frontages of the adjoining properties. These works will extend
beyond the frontage of the subject site. The transitions must be constructed
at grades that are in accordance with Council’s Planning Scheme Policy 5
– Engineering Design Standards – Roads, Drainage and Earthworks.
c. any necessary relocation or alteration to existing access from Emerald
Page 6 of 85
Section 7
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Street to the adjoining property at 4 Emerald Street must be undertaken.
The type and extent of these works must be in agreement with the adjoining
property owner and clearly shown on plans submitted for operational
works.
d. Any relocation/reinstatement of existing services in the road verge.
These works are to be undertaken at no cost to Council.
Site Access and Driveways
19. A sealed access driveway must be provided from Wimmers Lane to all parking
and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. a driveway crossover generally in accordance with RS-051 and any
associated addendum.
Car Parking
20. A minimum of 23 car parking spaces and 2 motor cycle spaces must be provided
and marked on the site for the commercial development, and made available and
accessible at all times while the use is open for business. The works must be
undertaken in accordance with an Operational Works approval and must include
in particular:
a. pedestrian routes in accordance with the conditions of this Decision Notice
.
b. 1 disabled parking space within the total.
c. dimensions, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
21. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
22. Pedestrian and bicycle facilities must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. a 2 metre wide footpath along one side of Wimmers Lane and Emerald
Street.
b. the resealing of the existing asphalt path fronting the development.
23. Pedestrian and bicycle facilities must be provided for the development and
include:
a. 10 bicycle parking spaces and 5 lockers; and
b. one shower cubicle with ancillary change room.
Stormwater Drainage
24. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval and the Queensland Urban Drainage Manual, and
must include in particular:
a. works generally in accordance with the Stormwater Layout Plan. Fig 1.2
Revision B prepared by Callaghan & Toth dated 6 July 2022;
b. extension of the site stormwater system to accommodate stormwater from
the existing external drainage pipe from Lot 2 on RP44101 to the east; and
Page 7 of 85
Section 8
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
c. the use of gravity stormwater drainage and not surcharge pits.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
Services
25. Underground reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and
the standards and requirements of the relevant service provider.
26. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits
and pipes to accommodate the future connection of optic fibre technology
telecommunications.
27. Certification must be submitted to Council from all relevant service providers
(Energex, NBN and Unitywater) which certifies that the development has met the
requirements of this Decision Notice and all applicable legislation at the time of
construction.
Easements
28. A 1.5 metre wide easement for stormwater drainage purposes must be registered
against the title of the property in favour of Lot 2 on RP44101 and be generally
in accordance with the Stormwater Layout Plan. Fig 1.2 Revision B prepared by
Callaghan & Toth dated 6 July 2022. The easement must be of sufficient width
to wholly encompass the drainage infrastructure and extend to the Emerald
Street boundary.
29. A 2.0 metre wide easement for “Public Thoroughfare” purposes must be
registered against the title of the property in favour of Council. The easement
must be located directly adjacent to the eastern property boundary and extend
for the full length between Wimmers Lane and Emerald Street. The easement
must be:
a. clearly shown on all plans submitted for Operational Works; and
b. registered prior to the commencement of the use.
30. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
31. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
B. Agree to reduce the infrastructure charges in respect to the impervious area calculation
for stormwater for the 2m wide public thoroughfare required by condition 27.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
This proposal seeks approval for a Material Change of Use for Offices at 2 Emerald Street,
Cooroy and was considered by the Planning and Environment Committee Meeting on 6
September 2022. At this meeting, concerns were raised as to the presentation of the building
to Emerald Street and the provision of PWD carparks on site and within the area. A further
report was requested to be provided to the General Committee detailing additional conditions
of approval relating to the building design and if appropriate an additional PWD carpark.
Page 8 of 85
Section 9
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Building Design
The offices are to be contained within a two-storey building that fronts Emerald Street and
gains vehicular access from Wimmers Lane. The site adjoins a row of existing low set
commercial buildings that include flat roof forms and flat cantilevered shop front awnings
(refer figure 1 and 2).
Figure 1 - View of site and looking east to 2B Emerald Street
Figure 2 - View of site 24 A and 2A Emerald Street
The existing awnings on the southern side of Emerald Street as detailed in the figures above
do not include timber posts. A review of the streetscape on the northern side of Emerald
Street opposite the site notes that the buildings include awnings, sloping roof forms and
timber posts as detailed in Figure 3 below.
Figure 3 – Streetscape opposite the site
The proposal has been reviewed against the relevant codes with specific reference to design
requirements of the Cooroy Local Plan Code and is considered to be consistent with the
existing pattern of development on the southern side of Emerald Street. The applicant has
advised that they consider the proposal to meet the design provisions and do not want to
Page 9 of 85
Section 10
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
change the design as they are proceeding to the next phase of the design and construction
process.
The design is considered to be consistent with the character of the street and the adjoining
development however if Councillors wish to change the design the following conditions are
able to be included in the decision
Additional Conditions:
3. The parapet to the Emerald Street frontage is to be removed and replaced with a hip
roof design.
4. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required to
satisfy any privacy condition of this Decision Notice or if shown on the approved plans.
5. Street awnings must be provided for the full frontage of the building to Emerald Street.
The awning must be designed to provide maximum continuous solar and rain
protection and promote all weather activity but provide opportunities for street tree
planting and landscaping. The width of the awning must be determined in consultation
with the Manager Development Assessment prior to the issue of the operational works
approval and is to include a sloping roof form. Posts are to be provided and must be
located to the outer most point of the awning so as not to impede pedestrian traffic.
PWD Carparking
Councillors questioned whether additional PWD (People With Disability) carparking was able
to be provided on site. It is noted that the proposal fully complies with Building Code and
Australian/New Zealand Standards which detail office buildings are to provide one PWD
carpark for every 100 carparking spaces on site. The requirement for additional PWD
carparking on site is not considered a reasonable or relevant requirement and therefore has
not been detailed.
Conclusion
Staff have considered the issues raised by Councillors but confirm the previous
recommendation. Should Council wish to include the additional conditions relating to design
an amended motion is provided below.
REQUESTED MOTION
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
SK-01 G Floor Plans Prepared by Wiltshire Stevens Architecture 23.08.2022
SK-02 G Elevations Prepared by Wiltshire Stevens Architecture 23.08.2022
SK-04 G Sections Prepared by Wiltshire Stevens Architecture 23.08.2022
Building Appearance
3. The parapet to the Emerald Street frontage is to be removed and replaced with
a hip roof design.
Page 10 of 85
Section 11
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
4. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres, glass panelling or the like, except
where required to satisfy any privacy condition of this Decision Notice or if shown
on the approved plans.
5. Street awnings must be provided for the full frontage of the building to Emerald
Street. The awning must be designed to provide maximum continuous solar and
rain protection and promote all weather activity but provide opportunities for
street tree planting and landscaping. The width of the awning must be determined
in consultation with the Manager Development Assessment prior to the issue of
the operational works approval and is to include a sloping roof form. Posts are to
be provided and must be located to the outer most point of the awning so as not
to impede pedestrian traffic.
6. Ground floor shopfront glazing along the Emerald Street frontage must be fully
transparent to a minimum of 65% of the street frontage to allow passive
surveillance and encourage social interaction and must be provided at full height
(floor to ceiling).
7. Any security screens on the premises consist of grille or translucent screens and
not solid shutters, screens or roller-doors.
8. All mechanical equipment and other service infrastructure located on the site
must be:
a. located not less than 2 metres from a property boundary.
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
9. Roof materials must be non-reflective and designed with colours and styles to
minimise the visual impact of the development.
10. The street awning must extend for the full width of the frontage and be setback
1m from the face of the kerb. Amended plans must be submitted prior to the issue
of an operational works approval.
11. All ground floor shopfront glazing must be protected against vandalism by the
use of a form of safety glass such as toughened or laminated glass.
12. During operating hours, all parking areas, pedestrian areas and entrances/exits
to all stairwells, lifts, foyers and public toilets must be well lit with vandal resistant
lighting and with intensities to satisfy the requirements of Australian Standard
AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast
between shadows and well lit areas. In particular, appropriate security lighting
must be provided along the full length of the proposed pedestrian/cycleway.
Currency Period
13. This development approval lapses if the use has not happened by 15 September
2028 unless an application to extend the currency period is approved by Council.
Building Height
14. The maximum height of the development must not exceed RL118.15 to the peak
of the roof line as detailed on section B-B of Plan SK04.
15. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the building does not exceed the maximum height requirement of
this Decision Notice.
Page 11 of 85
Section 12
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the issue of a Development Permit for Operational Works.
The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Street Identification
17. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the building name.
External Works – Wimmers Lane
18. Wimmers Lane must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. construction of kerb and channelling, road widening and underground
stormwater drainage to the development side only. The final extent and
alignment of works to be determined as part of the subsequent Operational
Works approval.
Road Widening of Wimmers Lane
19. The developer must dedicate as “road” a 2m wide strip extending across the full
frontage of the site to Wimmers Lane. The dedication must be in accordance with
drawing number Plan number SK01 Version G dated 23 August 2022 prepared
by Wiltshire Stevens Architecture.
20. The dedication must be completed prior to the commencement of the use.
External Works – Emerald Street
21. Emerald Street must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. a full width pathway extending from the property boundary to the kerb and
channel.
b. works to transition the new full width pathway to match smoothly with the
existing frontages of the adjoining properties. These works will extend
beyond the frontage of the subject site. The transitions must be constructed
at grades that are in accordance with Council’s Planning Scheme Policy 5
– Engineering Design Standards – Roads, Drainage and Earthworks.
c. any necessary relocation or alteration to existing access from Emerald
Street to the adjoining property at 4 Emerald Street must be undertaken.
The type and extent of these works must be in agreement with the adjoining
property owner and clearly shown on plans submitted for operational
works.
d. Any relocation/reinstatement of existing services in the road verge.
These works are to be undertaken at no cost to Council.
Site Access and Driveways
22. A sealed access driveway must be provided from Wimmers Lane to all parking
and manoeuvring areas of the development. The works must be undertaken in
Page 12 of 85
Section 13
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
accordance with an Operational Works approval and must include in particular:
a. a driveway crossover generally in accordance with RS-051 and any
associated addendum.
Car Parking
23. A minimum of 23 car parking spaces and 2 motor cycle spaces must be provided
and marked on the site for the commercial development, and made available and
accessible at all times while the use is open for business. The works must be
undertaken in accordance with an Operational Works approval and must include
in particular:
a. pedestrian routes in accordance with the conditions of this Decision Notice
.
b. 1 disabled parking space within the total.
c. dimensions, crossfalls and gradients in accordance with Australian
Standard AS2890: Parking Facilities.
24. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Pedestrian and Bicycle Facilities
25. Pedestrian and bicycle facilities must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval
and must include in particular:
a. a 2 metre wide footpath along one side of Wimmers Lane and Emerald
Street.
b. the resealing of the existing asphalt path fronting the development.
26. Pedestrian and bicycle facilities must be provided for the development and
include:
a. 10 bicycle parking spaces and 5 lockers; and
b. one shower cubicle with ancillary change room.
Stormwater Drainage
27. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval and the Queensland Urban Drainage Manual, and
must include in particular:
a. works generally in accordance with the Stormwater Layout Plan. Fig 1.2
Revision B prepared by Callaghan & Toth dated 6 July 2022;
b. extension of the site stormwater system to accommodate stormwater from
the existing external drainage pipe from Lot 2 on RP44101 to the east; and
c. the use of gravity stormwater drainage and not surcharge pits.
This condition is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
Services
28. Underground reticulated electricity and telecommunication services must be
provided to each lot in accordance with an approval for Operational Works and
the standards and requirements of the relevant service provider.
29. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits
Page 13 of 85
Section 14
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
and pipes to accommodate the future connection of optic fibre technology
telecommunications.
30. Certification must be submitted to Council from all relevant service providers
(Energex, NBN and Unitywater) which certifies that the development has met the
requirements of this Decision Notice and all applicable legislation at the time of
construction.
Easements
31. A 1.5 metre wide easement for stormwater drainage purposes must be registered
against the title of the property in favour of Lot 2 on RP44101 and be generally
in accordance with the Stormwater Layout Plan. Fig 1.2 Revision B prepared by
Callaghan & Toth dated 6 July 2022. The easement must be of sufficient width
to wholly encompass the drainage infrastructure and extend to the Emerald
Street boundary.
32. A 2.0 metre wide easement for “Public Thoroughfare” purposes must be
registered against the title of the property in favour of Council. The easement
must be located directly adjacent to the eastern property boundary and extend
for the full length between Wimmers Lane and Emerald Street. The easement
must be:
a. clearly shown on all plans submitted for Operational Works; and
b. registered prior to the commencement of the use.
33. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
34. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
B. Agree to reduce the infrastructure charges in respect to the impervious area calculation
for stormwater for the 2m wide public thoroughfare required by condition 27.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 14 of 85
Section 15
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
4 FURTHER REPORT - MCU21/0212 - APPLICATION FOR A MATERIAL CHANGE
OF USE – DWELLING HOUSE AT 66 SEAVIEW TERRACE, SUNSHINE BEACH
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU21/0212
Attachments 1. Proposal Plans (27 page attachment provided separately to this
agenda
EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment
Committee on 12 July 2022. The report addressed a range of issues including geotechnical,
coastal hazards, front setback, site cover, being three storeys and the inclusion of a rooftop
terrace. The application was recommended for approval subject to conditions.
During the meeting a concern was raised about the part of the dwelling that is cantilevered
within the coastal building setback being enclosed and not open as required by the planning
scheme.
The applicant stopped the Decision-Making Period until 18 August 2022 to address privacy
and overlooking concerns associated with the rooftop terrace. On 11 August 2022 the
applicant extended the stopped period until 15 September 2022.
On 19 August the applicant submitted amended plans, the modifications seek to address the
overlooking concerns and include:
1.4m high angled privacy screen;
1m wide planter; and
8m wide mature canopy tree along the northern property boundary (between the pool
and public walkway).
The proposed modifications do not mitigate the overlooking of the vast private open space
of the property to the north of the site. Whilst a 1.8-metre-high screen would address the
overlooking concerns to the north the resultant bulk is not a desirable built form outcome.
Furthermore, it is also apparent that overlooking will occur from the eastern face of the deck
and it is not practical to screen this area as this is where ocean views to the rear of the
property are obtained.
The impact of enclosing the cantilevered part of the building has also been reviewed. Due to
the topography of the surrounding area, existing vegetation and the development pattern
along Seaview Terrace enclosing the cantilevered part of the building will not have a
detrimental impact on the scenic amenity of the surrounding area or coastal processes.
To address the issue of overlooking it is recommended that a condition be included requiring
amended plans which delete the rooftop terrace prior to any further approvals being issued.
RECOMMENDATION
That Council note the Further Report by the Coordinator Planning to the General Committee
Meeting dated 12 September 2022 regarding Application No. MCU21/0212 for a
Development Permit for a Material Change of Use – Dwelling situated at 66 Seaview Terrace
Sunshine Beach and
A. Approve the application in accordance with the following conditions:
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
Page 15 of 85
Section 16
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
while the use continues.
2. The applicant must provide a copy of the development approval to the private
building certifier who assesses the subsequent development application for a
development permit for building works for the construction of the Detached
House and the associated deck and pool area.
Approved Plans
3. Development must be undertaken strictly under the approved plans listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
100.00 J Site Plan, prepared by Shaun Lockyer 01.09.2022
Architects
200.00 J Floor Plan – Lower Ground 01.09.2022
200.01 I Floor Plan – Ground Level 01.09.2022
200.02 H Floor Plan – Level 01 01.09.2022
210.00 H Roof Plan 01.09.2022
300.00 H Building Elevations – elevation west 01.09.2022
300.01 H Building Elevations – elevation north 01.09.2022
300.02 H Building Elevations – elevation east 01.09.2022
300.03 H Building Elevations – elevation south 01.09.2022
640.00 A Landscape details – detail driveway plan 06.05.2022
640.01 A Landscape details – driveway detail section 06.05.2022
Amended Plans
4. Prior to the issue of any further development approvals amended plans must be
submitted to Council. The plans must remove the roof top terrace. The plans
must be to the satisfaction of the Manager, Development Assessment.
Approved Documents
5. Development must be undertaken strictly under the approved documents listed
in the following table unless otherwise amended by these conditions.
Document
Tectonic report “Geotechnical Investigation, Proposed residence 66 Seaview
Terrace, Sunshine Beach”, reference 21370-001-Rev 1 dated 28 April 2022
Royal Haskoing DHV report ‘Report 66 Seaview Terrace, Sunshine Beach Coastal
Hazards Assessment, reference PA2906-RHD-ZZ-XX-RP-Z-0001 dated 3 June
2022
Built form
6. The maximum height of the development must not exceed 8 metres above
ground level in accordance with the approved plans.
7. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the building does not exceed the maximum height requirement of
this Decision Notice.
8. The proposed Detached House must be located on the site, as shown on the Site
Plan, Drawing No. 100.00, Revision J. The Detached House is not to be located
closer than 10.5m to the seaward boundary, except for the cantilevered part of
the building which is not to extend closer than 7.5m to the seaward boundary.
Certification of the location of the Detached House, including the cantilevered
section from the seaward boundary, is to be provided by a licenced surveyor
before the issue of a final classification for the Detached House by the building
certifier. The certification must be submitted to Council.
Page 16 of 85
Section 17
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Currency Period
9. This development approval lapses if the use has not happened by 21 July 2028,
unless an application to extend the currency period is approved by Council.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of
$20,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the issue of a Development Permit for Building Works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Landscaping
11. A minimum of 20% of the site must be retained as soft landscaping.
12. To screen the development, screening vegetation must be planted for the full
length of the north and south boundaries, with the exception of the bin/gas/bike
store area, in accordance with Council’s Planning Scheme Policy PSP2 -
Landscaping. The planted vegetation must have a minimum pot size of 200mm
and consist of native, endemic species with a mature height of not less than 8
metres and a maximum spacing of 2 metre centres.
13. A mix of native landscaping, such as ground covers, shrubs and trees, is provided
for a width of 5 metres from the seaward or rear boundary of the site. The planted
vegetation must have a minimum pot size of 200mm and consist of native,
endemic species as per Table 3.1 & 3.2 of PSP2 Landscaping for suitable coastal
species. The planted vegetation must be planted at the following density:
a. trees must have a maximum spacing of 6m;
b. shrubs must have a maximum spacing of 1.5m; and
c. ground covers planted between the trees and shrub must achieve a dense
coverage.
14. The development is to provide adequate landscape buffering to protect the
character of the beachfront, to the reasonable satisfaction of the Manager
Development Assessment.
15. Two 100 litre street trees must be provided within the frontage. The trees must
be a coastal species in accordance with PSP2 – Landscaping.
Coastal Protection
16. External colours and finishes of the building must comprise of
muted/environmental tones that blend with the natural environment.
Pedestrian Access
17. A pedestrian access gate must not be installed along the seaward property
boundary with direct access by residents to the beachfront area not being
permitted.
Geotechnical Stability
18. A footing system and erosion protection system must be designed for the
proposed development to withstand the short-term erosion associated with a
500-year average recurrence interval storm event combined with shoreline
recession due to sea-level rise for 2100 climate change. The short-term erosion
associated with a 500-year average recurrence interval storm event combined
with shoreline recession due to sea-level rise for 2100 climate change to be
Page 17 of 85
Section 18
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
considered for the design as per the recommendations of the Royal Haskoing
DHV report ‘Report 66 Seaview Terrace, Sunshine Beach Coastal Hazards
Assessment, reference PA2906-RHD-ZZ-XX-RP-Z-0001 dated 3 June 2022.
19. The footing system and erosion protection system must in accordance with the
works detailed in the Tectonic report “Geotechnical Investigation, Proposed
residence 66 Seaview Terrace, Sunshine Beach”, (Reference 21370-001-Rev 1
dated 28 April 2022) and other supporting documents referenced in the Tectonic
report.
20. The design must include the protection of the northern and southern boundaries
of the site to prevent erosion on neighbouring properties exposing the side
boundaries of the site to erosion. The minimum extent of the side boundary
protection must be determined by a line drawn at 28° extending upwards to the
west from the base of the rear point of the erosion as per the recommendations
of Tectonic report “Geotechnical Investigation, Proposed residence 66 Seaview
Terrace, Sunshine Beach”, reference 21370-001-Rev 1 dated 28 April 2022.
21. The design must be accompanied by certification by a Registered Professional
Engineer of Queensland (RPEQ) specialising in geotechnical engineering that
the design is satisfactory and will provide a long-term factor of safety concerning
slope stability of no less than 1.5.
22. Following construction, certification must be supplied to Council by an RPEQ
specialising in geotechnical engineering that the works have been constructed in
accordance with the approved design.
23. A dilapidation survey shall be carried out of all adjacent properties and structures
before the commencement of construction of the proposed development on the
site.
24. Due to the risk of instability on the existing dune slope and the potential for
settlement of loose sand on the adjacent properties, vibrations must be kept to a
minimum and must be monitored during the construction of the development.
Driven piles (both sheet piles and pile footings) are not permitted on the site.
25. Landscaping at the rear of the property and the crest of the existing dune slope
shall be limited to a maximum surcharge of 5kPa unless a site-specific slope
stability analysis is carried out to demonstrate that higher loads are acceptable.
26. Under no circumstances shall building materials be temporarily stockpiled in the
area of the crest of the existing dune slope or on the slope.
27. Discharge of concentrated stormwater flows onto the dune slope must be
avoided, and under no circumstances will subsurface disposal of water be
permitted using infiltration pits.
28. Stormwater runoff from gutters, down-pipes, driveways, and paved areas must
be collected and directed by pipes into the Council stormwater system along
Seaview Terrace.
29. The existing dune slope and any areas disturbed by the construction of the
proposed development shall be revegetated as soon as possible to reduce the
potential for erosion.
Earthworks
30. Earthworks required on-site must be carried out in accordance with Council’s
Planning Scheme Policy PSP6 Engineering Design Standards, so as not to
cause the additional ponding of water on any adjoining lands or concentrate or
direct overland flow on to an adjoining property.
31. All earthworks carried out on site must not affect the structural stability of the
Page 18 of 85
Section 19
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
adjoining lands and/or buildings and/or structures and/or services.
32. All earthworks and associated retaining structures/batters, both above and below
ground level, both temporary and permanent, must be wholly contained within
the subject site unless written permission from the respective landowner(s) is
provided to Council.
33. All earthworks must be undertaken in accordance with the provisions of
Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
Significant Weather Event
34. Should a significant weather event occur which results in substantial erosion
within the site, and undermines the structure and/or renders the Detached House
uninhabitable, the owner must
a. Immediately secure the perimeter of the property to prevent unauthorised
access and then undertake necessary works upon the land to make the
detached house safe and suitable for habitation in a timely manner.
i. Any work proposed must be designed to ensure that the work will not
cause adverse impacts on other lands or on coastal processes.
ii. Rock, concrete and like hard materials must not be used for the
construction of beach protection works.
iii. Any work proposed to be carried out must be undertaken in
accordance with Development Permit for Operational Works.
b. or remove the Detached House and all associated structures including the
footpath crossover and make the land safe at no cost to the Council.
Site Access and Driveways
35. A sealed access driveway must be provided from the existing formation in
Seaview Terrace to all parking and manoeuvring areas of the development. The
works must be undertaken in accordance with an Operational Works approval
and must include a driveway located generally in accordance with the approved
plans.
Stormwater Drainage
36. Stormwater runoff from the development must be collected and disposed of in
accordance with the recommendations of the site specific geotechnical report.
Stormwater runoff from gutters, down-pipes, driveways, and paved areas must
be collected and directed to Council stormwater drainage system along Seaview
Terrace. The works must be undertaken in accordance with an Operational
Works approval.
37. Prior to the commencement of the use a certificate must be issued by an RPEQ
certifying that the stormwater drainage system has been constructed in
accordance with the conditions of this permit.
Easements
38. Unless otherwise agreed in writing by the relevant service provider, any public or
third party infrastructure located on the subject site must be placed within an
easement registered against the title of the property.
39. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
Page 19 of 85
Section 20
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
40. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
Damage to Services and Assets
41. Any damage caused to existing services and assets as a result of the
development works must be repaired at no cost to the asset owner at the
following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
A report for this application was presented to Council at the Planning and Environment
Committee on 12 July 2022. The report addressed a range of issues including geotechnical,
coastal hazards, front setback, site cover, being three storeys and the inclusion of a rooftop
terrace. The application was recommended for approval subject to conditions.
During the meeting a concern was raised with regards to the part of the dwelling that is
cantilevered within the coastal building setback being enclosed and not open as required by
the planning scheme.
The applicant subsequently stopped the Decision-Making Period until 18 August 2022 in
order to address privacy and overlooking concerns raised by a nearby resident. On 11 August
2022 the applicant extended the stopped period until 15 September 2022.
On 19 August the applicant submitted amended plans. The modifications are intended to
address the overlooking concerns and include:
1.4m high angled privacy screen;
1m wide planter; and
8m wide mature canopy tree along the northern property boundary (between the pool
and public walkway).
Page 20 of 85
Section 21
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
A Locality Plan, Site plans and elevations are provided below:
Figure 1 – Locality
Figure 2 – Site Plan
Page 21 of 85
Section 22
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Figure 3 – Lower Ground Floor Plan
Figure 4 – Ground Floor Plan
Page 22 of 85
Section 23
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Figure 5 – Rooftop Terrace Plan
Roof terrace
PO15 of the Low Density Residential Zone Code includes a requirement that rooftop
terraces:
do not create opportunities for residents or building users to overlook the private open
space or view into habitable windows or doors of neighbouring properties.
The issue of overlooking has been raised by nearby property owners to the north of the
subject site. The amended plans generally maintain the same rooftop footprint except for
the northern extent of the terrace which has been stepped back by 1.0 metre with a planter
now located in this area. A 1.4-metre-high screen has also been added to the northern
extent of the terrace. An 8.0 metre high canopy buffer is also proposed by use of a 1 metre
high planting strip adjacent to the northern boundary.
It is the applicant’s position that the angle between the eye line of an average person
standing on the terrace and the top of the screen at 1.4m effectively eliminates the
possibility of any overlooking to the area of concern. The applicant has provided the
following images to support the proposed 1.4-metre-high screen as suitable mitigation to
overlooking. The first image suggests that there is no overlooking within 21 metres of the
common boundary.
Page 23 of 85
Section 24
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Figure 6 – Extent of overlooking
Figure 7 – Applicant’s representation of view line over a 1.4 metre high screen with
person setback 1 metre
A site inspection of the property from which the overlooking concerns have been raised has
been undertaken. This inspection confirmed that the northern extent of the rooftop terrace
has the potential to overlook the private open space of this property. The following image
details the private open space which should be protected from overlooking.
Figure 8 – Private open space to be protected
Whilst a 1.0-metre-wide planter and 1.4-metre-high screen is proposed to the northern
elevation of the terrace it will not sufficiently obscure views. This type of screening may
impede views looking directly down from the rooftop terrace however a 1.4-metre-high
screen will still enable views into the expansive private open space area of the property at
68 Seaview Terrace.
Page 24 of 85
Section 25
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
To sufficiently obscure the potential for overlooking from the northern elevation a screen with
a height of at least 1.8 metres would be required. A 1.8-metre-high screen to the full extent
of the extent would not be a satisfactory design outcome due to the additional bulk attributed
to the screen noting that this elevation is highly visible as it is adjacent to a public walkway.
Notwithstanding, it is also apparent that the eastern face of the terrace will also result in
overlooking to the eastern half of the private open space at 68 Seaview Terrace. Screening
of the eastern face is not practical as this is where ocean views to the rear of the site are
obtained.
The proposed planting of an 8-metre-high canopy buffer (pandanus) does not provide
adequate screening as views will be available below the canopy.
On review, the rooftop terrace cannot be supported due to the extent of overlooking. It is
recommended that a condition be included requiring amended plans which delete the rooftop
terrace prior to any further approvals being issued.
Rear Setback
Performance Outcome PO3 of the Coastal Protection and Scenic Amenity Overlay Code
states:
Where a coastal building line exists on a lot, all buildings, structures and retaining walls
do not extend seaward of the coastal building line for the site, other than —
1. uncovered and unenclosed cantilevered balconies that do not extend greater
than 3 metres seaward of the coastal building line; and
2. are setback a minimum of 6 metres from the seaward boundary
The proposed development is setback from the coastal building line on the ground level and
includes a cantilevered element which intrudes no more than 3 metres seaward of the
building line. However, the cantilevered element is not uncovered and unenclosed.
The following image details the extent of encroachment.
Figure 9 –Extent of encroachment beyond coastal building line (within allowable 3 metre area)
Page 25 of 85
Section 26
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
The purpose and overall outcomes of Coastal Protection and Scenic Amenity Overlay Code
state:
1. The purpose of the Coastal Protection and Scenic Amenity overlay code is to:
a. maintain coastal processes including erosion and accretion processes to enable
these natural functions to continue;
b. maintain the protective function of coastal resources including vegetation and
dunes to mitigate risks associated with coastal erosion; and
c. ensure development is designed and sited to protect the natural beach experience
and scenic amenity of the coastal area enjoyed by Noosa Shire residents
and visitors.
2. The purpose of the code will be achieved through the following overall outcomes:
a. Development allows for natural processes of erosion and accretion to occur
naturally, including as a result of sea level rise.
b. Development ensures landforms, creeks, dunes, vegetation and biodiversity in
coastal areas are not impacted by development to mitigate coastal hazard risks
and to protect environmental values; and
c. Development is designed and sited to protect the visual character and scenic
amenity of the Coastal Protection and Scenic Amenity Area and to integrate with
the surrounding natural landscape and skyline vegetation.
These relate to the maintenance of coastal processes, the natural landform and the visual
character and scenic amenity of the area. The enclosed and cantilevered part of the building
will not impact on coastal processes or the natural landform whilst the limited encroachment
will not detrimentally impact the scenic amenity of the area.
The existing vegetation on site means that the neighbouring property to the south does not
enjoy views over the part of the site that the building extends beyond the coastal building
line. Therefore, the enclosed cantilevered portion of the building that extends within 3 metres
of the coastal building line will not impact the view lines of the adjoining premise.
Whilst the proposed building, including the cantilevered section, will be visible from the beach
this is not out of character with the surrounding area. Many dwellings are clearly visible from
the beach, some of these buildings are white and highly visible and extend a significant
distance east of the coastal building line. In contrast the subject dwelling is setback further
from the rear boundary and will consist of natural tones. Significant vegetation on the steep
dune located within the adjacent foreshore reserve will provide some screening of the
development from varying vantage points. Having regard to the existing built form and
vegetation within proximity of the site enclosing the cantilevered portion of the dwelling will
not detrimentally impact on the scenic amenity of the surrounding area.
The following photos detail the subject site and surrounding area as viewed from the beach.
Page 26 of 85
Section 27
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Figure 10 – Subject site and dwellings to the north and south
Figure 11 – Dwellings to south of subject site
The following image details the extent of encroachment beyond the coastal building line by
other dwellings on the seaward side of Seaview Terrace.
Figure 12 –Extent of encroachment beyond coastal building line (Seaview Terrace)
Page 27 of 85
Section 28
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
CONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Development Engineer
Other Referrals
The application was forwarded to the following external experts for review and/or comment
Geotechnical
Hydraulic Engineer
CONCLUSION & REASONS FOR DECISION
This application was previously considered at the July Planning and Environment Committee
Meeting. Since this meeting the applicant stopped the decision-making period to address
overlooking issues raised by a nearby property owner with regards to the rooftop terrace.
Whilst the plans have been amended to address these concerns the amendments do not
stop the overlooking.
The impact of enclosing the cantilevered part of the building has also been reviewed. Due to
the topography of the surrounding area, existing vegetation and the development pattern
along Seaview Terrace enclosing the cantilevered part of the building will not have a
detrimental impact on the scenic amenity of the surrounding area or impact on coastal
processes
To address the issue of overlooking it is recommended that a condition be included requiring
amended plans which delete the rooftop terrace prior to any further approvals being issued.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
x
Design and Delivery
Page 28 of 85
Section 29
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
5 FURTHER REPORT - MCU19/0017.02 & RAL19/0004.02 FOR A MINOR CHANGE
TO DEVELOPMENT APPROVAL FOR COMMERCIAL BUSINESS - TYPE 1
OFFICE, COMMERCIAL BUSINESS - TYPE 2 MEDICAL & ANCILLARY DWELLING
UNIT & RECONFIGURATION OF A LOT – ACCESS EASEMENT AT 36 - 40
HOFMANN DRIVE, NOOSAVILLE
Author Development Planner, Lisa Pienaar
Environment & Sustainable Development Department
Index ECM/ Application/ MCU19/0017.02/RAL19/0004.02
Attachments 1. Proposal Plans
EXECUTIVE SUMMARY
A report on this application was presented to Council at the Planning and Environment
Committee on 12 July 2022 recommending the application be refused due to the proposal’s
non-compliance with the planning scheme’s height requirements. The report also
acknowledged that some minor changes could be supported. The report was referred to
General Committee on 18 July 2022 for further consideration. The applicant subsequently
requested the application be deferred to allow an opportunity to present the proposal to
Councillors.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2022 and the Further Report to the General Meeting dated
12 September 2022 regarding Application No. MCU19/0017.02 & RAL19/0004.02 to make a
minor change to an existing approval for Material Change of Use - Ancillary Dwelling Unit,
Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical and
Reconfiguration of a Lot – Access Easement situated at 36-40 Hofmann Dr Noosaville and:
A. Refuse the request for increased height and design for the following reasons:
1. The increased height does not comply with Acceptable outcome AO16.1 (b) (iii)
of the Major Centre Zone code and Performance Outcome PO16 a), b) & c) of
the Major Centre Zone code in Noosa Plan 2020 and Probable solution S8.1 d)
and Specific outcomes a), c) & d) the Noosaville Locality Code in Noosa Plan
2006, as it will dominate the site, skyline and surrounding area and is not in
keeping with the character of the area.
2. Changes to the width of balconies and roof overhangs reduces the architectural
appeal of the building from that previously approved.
B. Advise the applicant the following changes are considered generally in accordance
with the approval:
1. Changes to the front entry, as shown on Elevations (East) Plan no DA-30.10,
Rev 23 and dated 22.08.2022 and Cover Sheet Plan no. DA-00.00, Rev 24 and
dated 22.08.2022;
2. Reduced gross floor area as shown on Plan no. DA-00.00 and floor plans;
3. Changes to motorcycle parking.
Amended plans should be lodged with Council showing these changes only.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 29 of 85
Section 30
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
REPORT
The application seeks approval for a minor change to a Development Approval for
Commercial Business – Type 1 Office, Commercial Business – Type 2 Medical & Ancillary
Dwelling Unit & Reconfiguration of a Lot – Access Easement to increase the height of the
approved building, amend the gross floor area, parking and design of the building.
A presentation of the proposed changes by the applicant occurred on 10 August 2022, where
all Councillors were present. The applicant outlined the reasons why the increased height
was required for their prospective tenants and submitted that the increased height was
reasonable. In the meeting the applicant was asked by some Councillors to consider if on
site worker’s accommodation could be included in the proposal.
The applicant subsequently prepared plans to include 9 units (13 bedrooms in total) on the
top floor at the rear of the site. Refer Figure 1.
Figure 1 – Accommodation units
The inclusion of accommodation units was discussed with Planning staff on 18 August 2022
with the applicant indicating it was not desirable to include accommodation due to the
operational complexities of the approved uses. Planning staff also expressed concern that
the inclusion of accommodation uses adjoining industrial land may result in poor amenity
outcomes for occupants, with no real provision made for private open space for future
residents.
The applicant was advised that Council officers would not support the proposal based on the
current design due to poor amenity for occupants residing on site, and if the applicant chose
to pursue that they would need to submit a new application to include the use. The applicant
indicated at the meeting they do not wish to pursue this path.
Page 30 of 85
Section 31
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
The applicant subsequently submitted amended plans on 24 August 2022 (refer Attachment
1) reducing the building height from 12.15m to 12 metres and increasing the width of some
roof overhangs and balconies. The balconies were approved at 2.5 metres wide and are
now proposed at 1.5 metres wide. The roof on the northern building was approved ranging
from 2.5-4 metres wide and is now proposed at 1.86-3 metres. Although this is an
improvement to the plans reported to Council previously, it is noted that the widths of the
balconies and roof overhang are still less than that currently approved.
The proposed increase of height to 12 metres in a zone which seeks a maximum of 10 metres
will also dominate the existing skyline and the additional height and design change do not
result in an enhanced architectural outcome.
Although the officer’s recommendation has been amended to reflect the new plans as shown
in Attachment 1, the intent of the recommendation remains the same as that presented at
the Planning and Environment Committee on 12 July 2022.
Consultation
External Consultation - Community & Stakeholder
Not applicable.
Internal Consultation
Not applicable.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 31 of 85
Section 32
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Page 32 of 85
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Attachment 1
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Page 33 of 85
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Page 36 of 85
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Page 37 of 85
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
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Page 38 of 85
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
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Page 39 of 85
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Page 43 of 85Section 44
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
6 LIFEGUARD SERVICES – REQUEST FOR QUOTATION ASSESSMENT (T000075)
Author Property Manager, Clint Irwin
Corporate Services Department
Index ECM/ 35.01 Management of Lifeguard Contract
Attachments Nil
EXECUTIVE SUMMARY
Following Council’s resolution at its Ordinary Meeting dated 16 June 2022, a Request for
Quotation for the provision of lifeguard services was issued via VendorPanel to Surf Life
Saving Queensland on 20 June 2022. The response closing date was 18 July 2022.
SLSQ’s RFQ response satisfactorily addressed all assessment criteria and confirmed
SLSQ’s capacity and capability to deliver lifeguard services to the required service level
standards expected by Council and the community. As part of its submission, SLSQ
submitted two price models for consideration. The first indexes annual agreement increases
to CPI while the other indexes to Fair Work Commission wage rises.
Council met with SLSQ after the response closing date to discuss future service levels. This
report considers various options and recommends Council enter into contractual
arrangements via an agreement for the provision of lifesaving services with SLSQ as outlined
in Option 3 of the report.
Option 3 increases the current agreement value of $1,542,997 by 10% (or $151,188) and is
the preferred option because the proposed service level increases were developed
collaboratively with SLSQ and it adopts a risk-based approach while minimising ratepayer
impact. Given the agreement is primarily labour based, it is recommended Council index the
labour component of the agreement to Fair Work Commission wage rises and index
equipment and consumables with CPI as proposed in the SLSQ RFQ response.
RECOMMENDATION
That Council note the report by the Property Manager to the General Committee Meeting
dated 12 September 2022 regarding the provision of lifeguard services and
A. Agree to award RFQ T000075 for the provision of Lifeguard Services to Surf Lifesaving
Queensland Inc. for an initial 1 x 5 year term commencing 29 October 2022 for the
amount of $1,694,186 per annum (ex GST) (noted as Option 3 in the report);
B. Authorise the CEO to award 1 x 5 year extension to Surf Lifesaving Queensland Inc.
subject to satisfactory performance at Council’s sole discretion;
C. Authorise the CEO to take all necessary action, including but not limited to negotiating,
making, executing and managing the agreement with Surf Lifesaving Queensland Inc.
for the supply of Lifeguard Services and any required variations of the agreement on
Council’s behalf;
D. Note variations to the agreement which seek to increase the agreement’s value will be
considered as part of Council’s budget deliberations;
E. Note given the agreement’s commencement date is within the current financial year
the pro-rata increase to the agreement value will be considered at Budget Review 2;
and
F. Agree the labour component of the agreement will be indexed to annual Fair Work
commission wage rises and the equipment and consumables component will be
indexed to CPI.
Page 44 of 85
Section 45
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
REPORT
1. Purpose
The purpose of this report is to seek Council approval to enter into a new agreement with
Surf Lifesaving Queensland Inc. for the provision of lifeguard services commencing 29
October 2022.
2. Background
Surf Lifesaving Queensland Inc. (SLSQ) have provided lifeguard services via a formal
agreement with Sunshine Coast Council (SCC) and Noosa Council since 2012. The
Agreement was developed by SCC and transferred to Noosa Council as part of de-
amalgamation in 2014. Pursuant to the Agreement’s terms a 5 year option was approved at
Council’s February 2017 Ordinary Meeting. This option is due to expire on 28 October 2022.
Council resolved at the June 2022 Ordinary Meeting to issue a Request for Quotation for
Lifeguard Services to Surf Lifesaving Queensland in accordance with Section 235 (a) of the
Local Government Regulation 2012 given Surf Lifesaving Queensland is the only supplier
reasonably able to provide the service.
The Request for Quotation process including response evaluation has been completed with
details provided below.
3. Request for Quotation Process
The Request for Quotation (RFQ) was released via VendorPanel to SLSQ on 20 June 2022
with the RFQ period closing 18 July 2022.
Consistent with Council’s RFQ process, the following documents were made available to
SLSQ:
Invitation for RFQ – general information to inform the response;
RFQ process terms – Detailed acceptable conduct and obligations for respondents and
Council and further detailed information for respondents;
RFQ Response Form – Allows a respondent to respond to assessment criteria via
response schedules;
Draft Lifeguard Agreement for the provision of Lifeguard Services – primary document
detailing both SLSQ and Council obligations for the provision of lifeguard services; and
Price Response Schedule – provides the opportunity for the respondent to provide
pricing information in relation to seasonal beach service levels, fleet, equipment and
supervision.
4. Briefing Session
A briefing session was held with SLSQ representatives on 28 June 2022. The purpose of the
session was for Council to reaffirm the RFQ process and provide SLSQ with an opportunity
to query aspects of the RFQ. Subsequent formal queries were received by Council and were
formally addressed via VendorPanel.
5. Request for Quotation Assessment Criteria
The evaluation panel assessed the SLSQ response under due diligence and probity in
accordance with its obligations under the RFQ process and against the following criteria and
weightings adopted by Council at the June 2022 Ordinary Meeting:
Price (Value for Money) – 50%
Track Record and Past Experience – 20 %
Contribution to Local Economy – 10%
Innovation/Continuous Improvement – 10%
Environment and Sustainability Initiatives – 10%
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Section 46
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
6. Request for Quotation Assessment Details
RFQ quotation assessment scoring detail is included in Table A with further detail regarding
SLSQ’s response to the RFQ assessment criteria provided below.
Table A – RFQ Assessment Details
Price (Value for Money)
The current lifeguard agreement value is $1,542,997 per annum plus CPI. SLSQ submitted
two price options as part of its RFQ response. These are:
Submission Price Option 1- $1,856,264 indexed to CPI (current practice)
This price is approximately 20% or $313,000 more than the current agreement value and
reflects Council’s specified service level increases. The price also includes an extra $110,000
due to increases in SLSQ’s base hourly rate in the first year of the agreement. The increase
is due to SLSQ’s requirement to accommodate the future risk of uncertainty between a CPI-
aligned payment model and Fair Work Commission aligned wage increases for its workforce.
Submission Price Option 2 - $1,746,907.17 indexed to Fair Work Commission wage
increases
This price is approximately 13% or $204,000 more than the current agreement value and
reflects Council’s specified service level increases and no increase to SLSQ’s base hourly
rate in the first year of the agreement (a reduction of $110,000).
Given the contract is predominately labour based and SLSQ’s industrial agreement aligns to
Fair Work Commission wage increases, SLSQ have proposed the new agreement’s annual
price increases be indexed to the Fair Work model rather than CPI. SLSQ have indicated a
major enterprise risk is increasing labour costs over the life of the contract at a rate greater
than CPI.
SLSQ have advised linking to the Fair Work model provides their organisation confidence to
provide the best value for money starting point for labour while CPI is proposed as the
indexation mechanism for price increases for equipment and consumables. SLSQ have
advised other SLSQ lifeguard contracts throughout Queensland are structured in this way
and this report recommends Council adopt this approach.
Summary of Remaining Assessment Criteria
Overall, SLSQ provided a thorough, well written application that fully addressed the
assessable criteria. The submission demonstrated an excellent track record and substantial
past experience.
The respondent’s contribution to the local economy and community was of a high standard
with sufficient examples provided. The submission demonstrated excellent
Page 46 of 85
Section 47
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
innovation/continuous improvement initiatives relating to technology and other
improvements. Given the nature of the service SLSQ provided satisfactory responses to
address environmental and sustainability initiatives and it is noted SLSQ has identified this
criteria as a focus for further development.
7. Options
There are a number of options available to Council regarding lifeguard service levels for the
new agreement. The options, and opportunities and risks associated with each are outlined
below.
Option 1 – Indexation of agreement to Fair Work Commission wage rises and no
change to service levels – agreement value $1,567,667
Council enters into an agreement with SLSQ with annual increases indexed to Fair Work
Commission wage rises and equipment/consumables linked to CPI and no change to service
levels
This option involves Council entering into an agreement with SLSQ for the provision of
lifeguard services with no change to existing service levels and annual increases indexed to
Fair Work Commission wage rises (labour component) and CPI for equipment/consumables
Opportunities
Price increase of $24,670 (comprising increase to equipment and consumables cost
only) more than current agreement value.
Negligible impact to ratepayers.
Addresses SLSQ concerns regarding indexation to Fair Work Commissions to manage
enterprise risk.
Risks
No increase to service levels to improve service.
Does not address potential future service level risk factors.
Option 2 – Indexation of agreement to CPI and no change to service levels – agreement
value $1,677,677
Council enters into an agreement with SLSQ with annual increases indexed to CPI and no
change to service levels
This option involves Council entering into an agreement with SLSQ for the provision of
lifeguard services with no change to existing service levels and annual increases indexed to
CPI for both labour and equipment/consumables (current agreement status)
Opportunities
Price increase of $134,670 or 9% (comprising $110,000 impact of SLSQ hourly rate
increases and $24,670 increase to equipment and consumables) more than current
agreement value.
Reduced impact to ratepayers compared to other options.
CPI is the indexation method utilised under current agreement and is familiar to
Council.
Risks
No increase to service levels to improve service.
Does not address SLSQ concerns regarding indexation to Fair Work Commissions to
manage enterprise risk.
Does not address potential future service level risk factors.
Page 47 of 85
Section 48
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Option 3 (Recommended) – Indexation to Fair Work Commission wage rises with
agreed service level increases – agreement value $1,694,186
Council enters into an agreement with SLSQ with annual increases indexed to Fair Work
Commission wage rises and service levels determined in collaboration with SLSQ
This option involves Council entering into an agreement with SLSQ for the provision of
lifeguard services with annual increases indexed to Fair Work Commission wage rises and
equipment/consumables indexed to CPI with service level increases determined in
collaboration with SLSQ
Opportunities
Price increase of $151,188 or 10% (comprising $126,518 service level increase and
$24,670 increase to equipment and consumables) more than current agreement value.
Increased service levels developed in a collaborative process with SLSQ.
Reduced impact to ratepayers compared to other options.
SLSQ starting price is $110,000 lower than the CPI indexation model.
Addresses SLSQ concerns regarding indexation to Fair Work Commissions to manage
enterprise risk.
Risks
Indexation is not guaranteed to be lower than CPI over the life of the agreement.
More expensive than both Option 1 and 2.
Option 4 – Indexation to Fair Work Commission wage rises with service level increases
as per RFQ – agreement value $1,746,907
Council enters into an agreement with SLSQ with annual increases indexed to Fair Work
Commission wage rises with service levels determined by Council
This option involves Council entering into an agreement with SLSQ for the provision of
lifeguard services with annual increases indexed to Fair Work Commission wage rises and
equipment/consumables indexed to CPI with service level increases determined by Council
as per the RFQ
Opportunities
Higher service levels.
Addresses SLSQ concerns regarding indexation to Fair Work Commissions and
managing enterprise risk.
SLSQ starting price is $110,000 lower than CPI indexation model (option 5).
Risks
Price increase of $204,000 or 13% more than the current agreement value.
Increased financial impact to ratepayers.
Indexation is not guaranteed to be lower than CPI over the life of the agreement.
More expensive than most other options.
Service levels not developed collaboratively with SLSQ.
Option 5 – Indexation to CPI with service level increases as per RFQ – agreement value
$1,856,264
Council enters into an agreement with SLSQ with annual increases indexed to CPI with
service levels determined by Council
This option involves Council entering into an agreement with SLSQ for the provision of
lifeguard services with annual increases indexed to CPI with service level increases
determined by Council as per the RFQ
Page 48 of 85
Section 49
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Opportunities
Higher service levels
CPI is the indexation method utilised under current agreement and is familiar to
Council.
Risks
Price increase of $313,000 or 20% more than the current agreement.
Increased financial impact to ratepayers.
Does not address SLSQ concerns regarding indexation to Fair Work Commissions to
manage enterprise risk.
CPI is not guaranteed to be lower than Fair Work Commission wage rises over the life
of the agreement.
More expensive than all other options.
Service levels not developed collaboratively with SLSQ.
8. Recommended Approach - Option 3 - Discussion and Proposed Service Level
Increases
Council met with SLSQ on 9 August 2022 to further discuss SLSQ’s RFQ response and
future lifeguard service levels. Service levels were comprehensively and collaboratively
reviewed for all beaches and seasonal periods with specific emphasis on risk mitigation and
minimising ratepayer impact. The development of Option 3 was the collaborative outcome of
the meeting and as a result, service level increases are proposed to include:
Table B – Proposed Lifeguard Service Level Increases
Service Service Level Increase Detail Cost
Lifeguard Extension of service to full time Monday – Friday with $76,960
Supervisor dedicated Shire-based supervisor and increased span of *Based at
hours on weekends in the September – May lifesaving Peregian
season beach SLSC
Peregian Beach Currently one person operation weekdays in the $30,065
September – May lifesaving season
Proposed 5.5 hours per day for additional lifeguard to
provide additional support
Noosa West Earlier start time May – September period $7,735
Sunshine Beach Additional 7 hour shift for Christmas holiday period which $9,490
will also provide back up support for Sunrise Beach
Sunrise Beach Increased span of hours Christmas holiday period $1,134
North Peregian Increased span of hours Christmas holiday period $1,134
Beach
Total Cost $126,518
Total Cost (plus $24,670 of consumables and equipment) $151,188
Comment – The proposed service levels identified in Table B are supported by Council
officers with the financial impact discussed further in ‘Finance’.
9. Conclusion
Lifeguard services are a high profile and important part of Council’s service provision to the
community and SLSQ have been a key contract partner in the provision of a safe bathing
and beach environment over many years. SLSQ’s RFQ response for Lifeguard Services
satisfactorily addressed all assessment criteria and confirmed SLSQ’s capability to deliver
lifeguard services to the required service level standards expected by Council and the
community.
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Section 50
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
The RFQ process has allowed Council and SLSQ to work collaboratively to develop new
service levels to address potential future risk factors while minimising ratepayer impact.
Accordingly, given the quality of the SLSQ RFQ submission this report recommends a new
agreement be awarded to SLSQ including the additional service levels outlined in the report
as Option 3. This will allow Council to continue to provide industry best practice services to
the community and the adoption of indexation to the Fair work model will provide SLSQ
increased business confidence to deliver lifeguard services over the new agreement term.
Previous Council Consideration
Ordinary Meeting Minutes, 16 June 2022, Item 2, Page 9
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 7 June 2022 and:
A. Apply the exception to the requirement for entering into a medium-sized contractual
arrangement or large sized contractual arrangement without first inviting written quotes
or tenders under Section 235 (a) of the Local Government Regulation 2021 as there is
only one supplier who is reasonably available to provide the service;
B. Note while a written quote is not specifically required to engage Section 235 (a) of the
Local Government Regulation 2012 a formal quotation process is preferred because it:
1. Enables an assessment of the quotation to be completed against nominated
assessment criteria;
2. Provides the opportunity to determine and confirm value for money to Council
and the community;
3. Supports the principles of transparent and evidence-based decision making;
C. Issue a Request for Quotation for Lifeguard Services to Surf Lifesaving Queensland in
accordance with Section 235 (a) of the Local Government Regulation 2012 given Surf
Lifesaving Queensland is the only supplier identified by Council as reasonably able to
provide the service;
D. Agree to the quotation assessment criteria and weightings detailed in the report;
E. Note the new Lifeguard Services Agreement term is proposed to be for an initial 1 x 5
year term and an additional 1 x 5 year option (current agreement terms) with the new
agreement to commence 29 October 2022; and
F. Agree to consider a further report at a future round of Council meetings detailing the
assessment results of Surf Lifesaving Queensland’s Request for Quotation response.
Finance
The current Lifeguard Agreement value is $1,542,997 with the proposed new service levels
adding $151,188 to increase the agreement value to $1,694,186. Indexation of SLSQ wage
rises to the Fair Work Commission model provides SLSQ with more business confidence
and the ability to provide Council with an initial $110,000 saving in comparison to indexation
to CPI. However, as outlined in the report there is no guarantee this indexation will remain
lower than CPI for the life of the agreement and there is likely to be variation between the
two indices year on year.
Risks & Opportunities
This section has been collectively covered in ‘Options’ in the report.
Consultation
External Consultation - Community & Stakeholder
Surf Lifesaving Queensland Inc.
Sunshine Coast Council
King and Company Solicitors
Page 50 of 85
Section 51
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Internal Consultation
Director Corporate Services
Procurement Manager
Finance Manager
People and Culture Manager
Property Officer
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Support Director Director
Community Development X Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws X Procurement
Waste & Environmental Health X Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
X People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 51 of 85
Section 52
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
7 ENTERPRISE RISK AND OPPORTUNITY MANAGEMENT POLICY
Author Governance Manager, Diana Stewart
Executive Services Department
Index ECM/ Subject / 27.48 Council Policies
Attachments 1. Enterprise Risk and Opportunity Management Policy
EXECUTIVE SUMMARY
Managing risk and opportunity is part of good leadership and governance and is fundamental
to how Council is managed at all levels. A robust framework which involves both risk and
opportunity provides greater scope for innovation and possibility. Equally, Council recognises
that innovation involves risks, and if managed and understood it can provide opportunities to
create new ways to benefit the community and achieve Council’s objectives.
An important component of Council’s culture is that risks and opportunities are considered a
part of normal business activity and that risks are managed consistently and systematically
within a context of regulatory obligations, competing resources, financial and community
priorities.
Essentially, the intent of this Policy is to ensure Council adopts a systematic approach to the
identification, management, mitigation and monitoring of risks and opportunities in alignment
with this Policy, Council’s strategic objectives and the Australian Standard AS/NZS ISO
3100.
Overall improvements made to the Policy will ensure that Council continues to comply with
the ISO Standard requirements, which in turn will strengthen Council’s enterprise risk and
opportunity management framework.
RECOMMENDATION
That Council note the report by the Governance Manager to the General Committee Meeting
dated 12 September 2022 and
A. Adopt the Enterprise Risk and Opportunity Management Policy provided at Attachment
1; and
B. Authorise the Chief Executive Officer (CEO) to make minor amendments to the
document prior to publication.
REPORT
1. Background
On 28 August 2014, Council adopted a Risk Management Policy, which forms a crucial part
of Council’s enterprise risk management framework. In 2019, Council’s Internal Audit on Risk
Management (“the Audit”) identified several areas of improvement for Council’s risk
management approach. In particular, the Audit recommended that Council review its Risk
Management Policy to further align to the ISO 31000-2018 Risk Management Guidelines
(“the ISO Standard”).
In response, this Policy has now been updated and extensively reviewed over a two-year
period by Council’s Executive Team, various operational teams, elected members and the
Audit and Risk Committee. In particular:
Executive Team consultation and workshop on proposed improvements.
Collaboration and Pilot testing with numerous operational teams against key projects
and initiatives to ensure the Policy, Framework and associated tools are fit for purpose.
Page 52 of 85
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
This included testing of new tools on Executive and Councillor Workshop sessions.
Two workshops with Councillors to educate them about risk management and
incorporate their feedback on proposed improvements.
Collaboration and input from Council’s insurer who provided us with expert enterprise
risk management guidance and support.
Collaboration with the broader Local Government risk management network group and
participation in relevant risk management forums to gain industry knowledge.
Extensive research and document development based on feedback and input.
Executive consultation on final documents.
2. Enterprise Risk and Opportunity Management Policy
This Policy is formulated to align with the Local Government Act 2009 and section 164(1) of
the Local Government Regulation 2012, which requires Council to keep a written record of:
a) risk exposure;
b) the extent to which the risks are relevant to financial management; and
c) the control measures adopted to manage those risks and comply with the ISO
Standard.
The purpose of this Policy is to:
establish Council’s commitment to effective risk and opportunity management and to
provide a clear picture of what constitutes effective risk and opportunity management;
ensure that sound risk management principles and procedures are integrated into
Council’s strategic and operational planning and key decision-making processes; and
assign responsibility across Council in order to implement this Policy.
Essentially, the intent of this Policy is to ensure Council adopts a systematic approach to the
identification, management, mitigation and monitoring of risks and opportunities in alignment
with this Policy, Council’s strategic objectives and the ISO Standard. Refer to the Policy in
Attachment 1.
Key improvements to the Policy include:
The inclusion of risk management principles for clarity, direction and compliance.
Refine Council’s strategic risk appetite and risk tolerances.
Horizontal and vertical integration and communication, resulting in a risk management
culture which supports sound decision-making across all Council activities.
Addressing gaps in monitoring, escalation and reporting on risks, including risk
ownership, reviewing the effectiveness of controls and the ‘3 lines of defence’ model.
Overall, the above improvements will ensure that Council continues to comply with the ISO
Standard requirements, which in turn will strengthen Council’s enterprise risk and opportunity
management framework.
3. Implementation
As part of the Policy implementation process, Council’s Governance Branch will commence
a training and awareness program for all staff. Training will be mandatory and will form part
of Council’s core governance training modules.
The training and communication approach will be multifaceted and will include online training
modules, face-to-face, and targeted sessions with various teams. Council will work with Local
Government Mutual Services (LGMS) to deliver a targeted training programme for our staff
to ensure the Policy is implemented effectively across Council and imbedded within Council’s
BAU activities and business culture.
Previous Council Consideration
Nil.
Page 53 of 85
Section 54
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Finance
It is anticipated that the training and awareness program will be partly conducted by Council’s
Governance Branch and any future associated external training programs may also be
sourced from Council’s corporate training budget.
Risks & Opportunities
This Policy is an opportunity to further strengthen Council’s enterprise risk and opportunity
management framework and provide Council staff and the broader community with up to
date information that assists in the effective management of risks and opportunities across
Council and our broader community.
Human Rights Compatibility Statement
In developing this policy, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject
matter does not conflict with any human rights and supports a human rights approach to
decision making by Council.
This policy should be read in conjunction with the Human Rights Act 2019 (QLD) and
Council’s Human Rights Policy.
Consultation
External Consultation - Community & Stakeholder
LGMS and various governance and risk network professionals across the local government
sector.
Internal Consultation
Extensive internal consultation as outlined in the report across all Departments and the
Executive level.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Support X Director X Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
X Director X Director X Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 55
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Attachment 1
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Attachment 1
| ) | NOOSA Council Policy
me mi Keele ENTERPRISE RISK AND
OPPORTUNITY MANAGEMENT
Corporate Plan Reference: Excellence as a Council
Endorsed by Council: <Insert Date of Ordinary Meeting >
Policy Author: | Governance Manager, Executive Services
POLICY STATEMENT
Managing risk and opportunity is part of good leadership and governance and is fundamental to how
Council is managed at all levels. A robust framework which involves both risk and opportunity
provides greater scope for innovation and possibility. Equally, Council recognises that innovation
involves risks, and if managed and understood it can provide opportunities to create new ways to
benefit the community and achieve Council's objectives.
An important component of Council's culture is that risks and opportunities are considered a part of
normal business activity and that risks are managed consistently and systematically within a context
of regulatory obligations, competing resources, financial and community priorities.
This Policy is formulated to align with the Local Government Act 2009 and section 164(1) of the
Local Government Regulation 2012, which requires Council to keep a written record of:
a) risk exposure;
b) the extent to which the risks are relevant to financial management; and
c) the control measures adopted to manage those risks and comply with the Australian Standard
AS/NZS ISO 31000:2018 Risk Management Guidelines (“the Australian Standard”).
This Policy sets out Council’s overall intention with respect to risk and opportunity management and
is part of a broader suite of Risk and Opportunity Management documents. As such, the Enterprise
Risk and Opportunity Management Framework (EROMF) and related tools also support the
Australian Standard and provide organisational context.
- Framework -
This Policy will be reviewed annually.
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PURPOSE
The purpose of this Policy is to:
e establish Council’s commitment to effective risk and opportunity management and to
provide a clear picture of what constitutes effective risk and opportunity management;
e ensure that sound risk management principles and procedures are integrated into Council’s
strategic and operational planning and key decision-making processes; and
e assign responsibility across Council in order to implement this Policy.
Essentially, the intent of this Policy is to ensure Council adopts a systematic approach to the
identification, management, mitigation and monitoring of risks and opportunities in alignment with
this Policy, Council’s strategic objectives and the Australian Standard AS/NZS ISO 3100.
SCOPE
This Policy applies to Councillors, all Council employees, volunteers and authorised non-Council
employees (e.g. contractors) who conduct activities and functions on behalf of Council (collectively
referred to in this document as “employees’).
TYPES OF RISK
Council has identified three types of risk that form part of the risk management process:
Levels Description
Strategic risks Organisation-wide risks which may impact on Council’s ability to deliver on its
vision and strategic objectives as stated in the Corporate Plan.
Service Risks that may impact on Council's ability to function effectively and deliver its
delivery risks services and programs as stated in the Operational Plan and Branch Plans.
Project risks Risks that may impact on Council's ability to deliver a particular project or event
as stated in the Budget and Capital Works Program.
RISK MANAGEMENT PRINCIPLES
Risk management principles are the foundation for effectively managing risk across Council.
Adherence to these principles enables Council to leverage opportunities, manage the effects of
uncertainty on its activities and safeguard the community, the environment, property, resources and
Council’s reputation.
Principle Commitment
Creates value Risk and opportunity management helps Council to identify, manage and
control the inherent risk of its activities and decisions, and therefore aims to
reduce adverse impacts on people, the environment, assets and a range of
risk categories in the pursuit of its goals. It is applied in a targeted way and is
used to improve decision-making, performance and resource allocation as
well as identifying priorities and encouraging innovation, which in turn sets
the tone for how Council will protect and create value through quality
decision-making.
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Principle Commitment
Structured & Council’s approach to managing current, emerging and potential risks is
comprehensive structured and comprehensive to improve outcomes, accountability and
consistency.
Customised & Council adopts a fit for purpose risk management approach that is flexible,
Dynamic adaptable and customised to the context within which Council operates.
Integrated & Council fosters a culture where employees understand their role and
inclusive responsibilities in order to proactively manage risks as part of everyday
business operations and have confidence in making decisions within
acceptable risk levels.
Best available The inputs to good risk and opportunity management include engaging with
information the right people and expertise and obtaining timely and relevant information
to assist in decision making, such as current and historical data, lessons
learned, industry trends, benchmarking and future expectations.
Continual Council reduces the impact of risks by proactively seeking and implementing
improvement ways to continually improve risk and opportunity management through formal
review, learning and experience.
RISK APPETITE
Risk appetite is the amount and type of risk that Council is willing or able to absorb, accept or retain
in the pursuit of its objectives and in making both strategic and operational decisions. Risk appetite
varies and is a broad and general position. Defining Council's risk appetite establishes boundaries
for prudent decision-making and risk taking. It creates ‘freedom! within boundaries by promoting
flexibility and accountability to management and the community.
Given the requirement of risk management to be iterative, adaptive and customised, risk appetite
and tolerance statements are to be used only as a tool or a guide for decision making and planning
purposes. Naturally, there will be exceptions and other considerations which warrant taking a
different risk appetite position and this requires a case-by-case assessment.
Council's risk appetite levels are defined below.
(Little to no appetite) (Small appetite) (Medium appetite) (Larger appetite)
Avoid exposure to A general preference for Options are selected based Seek opportunity and
risks, even when safer options with small on outcome benefits with a outcome benefits while
potential outcome amounts of adverse reasonable degree of monitoring potential
benefits are higher exposure protection exposure
Council's risk appetite approach is to minimise its exposure to risk relating to categories of risk, which
are summarised below and may be adjusted periodically.
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Risk appetite level: Risk Category:
Risk Appetite Statement
Council aims to maintain a safe place to work for its employees and for the public utilising our places and
facilities by eliminating risks as reasonably possible. Council understands that some operations and
services contain inherent risks, however, there is no appetite for compromising safety, particularly in the
event of a serious injury or fatality, or for any deviations from the WH&S System Management Plan,
Disaster Management Plan, and statutory WH&S provisions. Council has no appetite to take risks that do
not adequately prioritise the safety of our workforce, volunteers, contractors and/or members of the
community.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Actions or behaviours that are ¢ Minor unforeseen incidents ¢ Reporting and rectifying risks
deliberate and willingly or injuries, which are relating to safety and non-
contravene the Councillor or reported and reviewed, that compliance in line with Council
Employee Codes of Conduct arise from time to time while WHS Policy and related
or WHS policies and undertaking normal guidelines.
procedures. activities, resulting in little to
¢ Activities that result in no impact on a person’s
reasonably foreseeable and ability to perform normal
preventable injuries or activity.
illnesses to our community or
employees.
¢ Unsafe work environments.
Risk Appetite Statement
Council will conduct its operations in an ethical and honest manner and has no appetite for engaging in
illegal activities including fraud and corruption, or of non-compliance with legislation, regulations or
professional standards. Council will continue to develop, implement, maintain and review a strong
governance framework. Council will make decisions that align to its corporate goals, policies and/or
strategies.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Corrupt or fraudulent ¢ Litigation risks (for ¢ Anorganisational culture that
conduct by its employees. example where Council is fosters compliance and immediate
¢ Unreasonable delays when defending its planning reporting to Governance Branch of
reporting, investigating, or scheme) where decisions potential or actual claims, cases,
correcting any fraudulent, are supported by a risk allegations or incidents.
improper, unethical or and opportunity ¢ Recording and monitoring strategic
corrupt conduct. assessment and and operational risks at least
¢ Employees knowingly considered by Council. quarterly.
breaking the law, failing to ¢ Minor impacts and
comply with legal isolated complaints,
obligations or recklessly despite best efforts to
breaching internal policies. avoid or mitigate risk,
¢ Unauthorised release of resulting from normal
confidential information or business activity.
privacy breaches.
¢ Failure to consider expert /
professional legal advice.
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Risk Appetite Statement
Council aims to make a significant, sustainable and socially responsible contribution to the community and
is very protective of the natural environment. There is considerable acceptance for decisions that promote
ecologically sustainable development having regard to Council’s vision and desired environmental
outcomes. Council will apply the precautionary approach to environmental decision making where there is
uncertainty, to avoid or minimise harm.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Activities and practices that knowingly ¢ Minor environmental ¢ Business activities and
compromise the environment, are impacts from decisions that are
reasonably foreseeable and preventable. uncontrollable or undertaken in
¢ Failure to meet environmental commitments unforeseen events or alignment with the
or legal requirements resulting in EPA fines to deliver enduring Noosa Environment
or penalties. benefits to our Strategy and Noosa
¢ Decisions or activities that do not community well into Planning Scheme.
appropriately consider or are out of the future.
alignment with the Noosa Environment ¢ Single unforeseen
Strategy or Sustainability Principles without events that can be
Council consideration and/or that result in reversed.
long-term or irrevocable environmental ¢ Activities or decisions
damage, climate impacts and threats to that do not
biodiversity, including extinction of flora and significantly impact
fauna. Council’s corporate
emissions or the
Noosa community’s
emissions.
Risk Appetite Statement
Council has a cautious approach to safeguarding from both internal and external threats, malicious attacks,
unauthorised access or a cyber-extortion event. Council’s aim is to protect its ICT systems and services
through appropriate internal controls, a cyber-aware workforce, effective governance, regular reviews, and
consistent management of our third party providers. If private or confidential data is exposed, Council will
meet its privacy and other statutory obligations.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Lack of preparation or ¢ Cyber threats which have ¢ Timely remediation of identified
planning in response to a a minor impact and do not cyber security control weaknesses.
cyber-attack. compromise the integrity, « Employees to play their part and
¢ Significant threats to assets confidentiality or apply technical and behavioural
arising from external availability of Council security controls to reduce Council’s
malicious attacks. information or assets. exposure to cyber security risks.
¢ Misuse, inappropriate ¢ Acyber threat which
distribution or loss of results in disruption to
sensitive or confidential infrastructure or systems
Council information due to for no more than 1 day, or
the actions of employees. loss of information
requiring less than 1 day
re-work.
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ZERO FINANCIAL
MANAGEMENT
Risk Appetite Statement
Council has a responsibility to ensure that it has sufficient resources now and into the future to provide
levels of service that are both affordable and at a level considered appropriate by the community. Council
has no appetite to make decisions or engage in activities that have a significant negative impact on Council
achieving its financial sustainability objectives over the short and medium term, and which result in council
failing to meet its financial sustainability ratios/targets. Council accepts that it must respond to and consider
the changing environment of local government and respond to increasing cost pressures by taking
advantage of revenue diversification opportunities where possible. Council has up to a moderate risk
appetite and may take some entrepreneurial risks in exploring these opportunities.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Financial activities and/or investment ¢ Minor unforeseen and *« Employee awareness
practices that contravene legislative or unavoidable cost variations of the financial
policy requirements. in capital projects within the impact of their
¢ Failure to maintain or implement established contingency. activities and
effective systems, processes and ¢ Minor losses or capital decisions.
controls which adequately protect outlays, attributable to new ¢ Aculture of
Council from fraudulent activity. processes or innovation to communication and
¢ Actions that have a significant negative meet community needs, reporting with respect
impact on long term financial provide better outcomes and to financial impacts
sustainability and do not comply with increased value for money. and risks.
the Council Debt Policy and Financial ¢ Calculated financial risks to ¢ Sound investment
Sustainability Policy (Operating surplus deliver infrastructure, decisions.
ratio 0-10% and the net financial improve service delivery or ¢ The development
liabilities ratio less than 60%). promote long-term financial and use of effective
¢ Fraudulent actions or corrupt behaviour sustainability, which may internal controls
of employees or councillors. result in a reduction of including monthly
Council's budgeted net budget status
operating position or capital reporting and
budget by up to 2% or which quarterly budget
result in a single loss or reviews.
liability of up to $50,000. * Compliance with
Council’s Fraud and
Corruption Control
Policy.
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ZERO ECONOMIC
DEVELOPMENT
Risk Appetite Statement
Council is open to opportunities which increase economic prosperity in the Shire aligned to Council's
sustainability principles, Local Economic Plan, Noosa Plan and Noosa Tourism strategy and in line with
financial sustainability requirements.
Risk Tolerance Statement
Council will NOT tolerate: Council will Council encourages:
¢ Decisions that are significantly out of alignment Roles ¢ Council decisions to
with Council’s future Economic Strategy and/or ¢ Minor pursue opportunities
Sustainability Principles (which are: sustainably unforeseen which enhance Noosa's
managed resources, good governance, impacts of its economic resilience
protective of unique environment, values decisions on and/or prosperity, within
diversity, accessibility and affordability, economic the boundaries of the 10
inclusive, connected and resilient, encourages development. risk appetite and
participation and information sharing, quality tolerance statements.
places and programs, enhancing wellbeing, « Engagement and
creative, active lifestyles). partnership with Noosa’s
¢ Council decisions which cause a sustained business community for
reduction in GRP. the benefit of the Shire.
Risk Appetite Statement
Having regard to ethical decision making, Council decisions will be based on good governance,
engagement principles and a strong governance framework. Council has a low appetite to take risks which
may impact its reputation. Council believes the community should have a voice which should be listened
to, and for this reason it will be open to providing opportunities for increased community engagement,
greater transparency and in doing so is prepared to accept criticism and negative media attention where
the potential outcome benefits are high.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Improper, unethical, corrupt, ¢ Isolated minor incidents, ¢ Employees to engage
unprofessional behaviour or failure to act concerns and complaints with the community in
in accordance with Council values and that can be resolved by alignment with the
policies. management. Community
¢ Failure to act or make decisions in a fair, ¢ Moderate adverse local Engagement
honest, transparent and accountable media or social media Framework (currently
manner. scrutiny where actions or under review).
¢ Failure to avoid or appropriately manage decisions have been
conflicts of interest. carefully considered and
¢ Failure to consult or involve the documented.
community in significant changes or key ¢ Minor complaints relating
decisions. to action which delivers
+ Failure to promptly notify Director(s) of longer term benefits to
significant incidents that may impact the community.
Council's reputation.
¢ Failure to respond to complaints ina
prompt and professional manner.
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ZERO PEOPLE AND
e710] ian 8) 51 =
Risk Appetite Statement
Council has no appetite to accept misconduct or continued employee underperformance, nor any tolerance
for unethical conduct, discrimination or actions or decisions which contravene basic human rights. Council
aims to support, develop, foster and utilise the full potential of its employees and values a culture built on
the shared values of ‘community, innovation and sustainability’. Council is open to finding new ways fo
attract, retain and develop employees which may include up to a moderate appetite and accepting some
level of risk.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Actions which do not align to Council ¢ Minor morale and staff ¢ Aculture of inclusion,
values or Councillor and Employee grievances that can be respect, communication
Codes of Conduct. dealt with via internal and transparency.
¢ Practices that knowingly compromise processes, due to ¢ Adiverse recruitment
staff well- being, workplace or innovation or change strategy for employees
community safety (including management processes by considering other
discrimination, harassment or bullying). which result in improved sectors and
* Management issues or poor culture outcomes. experiences that would
resulting in significant increased benefit Council.
employee turnover or absenteeism or a
significant reduction from the previous
employee satisfaction survey.
Risk Appetite Statement
Council's assets and infrastructure will be managed appropriately so that they can deliver services to the
community in accordance with established service levels. Council has no appetite to compromise on
standards that impact on public safety. Council has up to a moderate appetite and will accept some level
of risk over non-core or non-essential assets and infrastructure. Council will ensure adequate resources
are allocated to the maintenance and renewal of assets and that there is alignment between asset
management plans, the corporate plan and long-term financial plan and annual budget.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Asset failure significantly ¢ Moderate impacts to ¢ Proactive asset management and
earlier than the projected life infrastructure due to reporting of issues.
span of the asset. implementation of new
¢ Failure to promptly escalate technology, innovation
critical infrastructure damage initiatives or projects.
or issues. ¢ Reduced capability of or
¢ Failure to develop plans to disruption to assets
respond to a disruption and requiring minor
ensure continuity of programmed repair or
operational infrastructure. replacement.
¢ Failure to administer and ¢ Minor unforeseen and
manage contracts unavoidable cost variations
appropriately due to aspects in capital projects within
of the project within Council's the established
control. contingency allocated to
¢ The asset sustainability ratio each project.
being less than 90%.
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Risk Appetite Statement
Council encourages innovative service delivery, which is reflected in Council's vision and purpose, and is
open to exploring new opportunities that enhance service delivery to the community. Council has no
appetite to engage in operations that would significantly disrupt essential services. Council may consider
adjustments in levels of service with an understanding of community expectation and need and in line with
financial sustainability requirements. Council may permit minor disruption for short periods if the long-term
benefit outweighs the consequences.
Risk Tolerance Statement
Council will NOT tolerate: Council will tolerate: Council encourages:
¢ Failure to deliver services within ¢ Unforeseen interruptions to critical ¢ Aculture which
the boundaries of Council’s services for up to 1 day. Council values quality
service commitment, key responds and communicates customer service,
performance indicators or other promptly to impacted stakeholders. engagement and
required metrics and/or ¢ Moderate impacts arising from responsiveness.
community expectations. innovations and ideas that contribute
¢ Failure to develop plans to to creating a flexible workforce.
respond to a disruption and ¢ Moderate impacts to service delivery
ensure continuity of critical from new technology, services,
business functions. projects or innovation that improve
¢ Failure to promptly escalate a Council services over the medium to
critical business impact or long term.
outages.
ROLES AND RESPONSIBILITIES
Councillors and employees contribute to effective risk management within their area of influence.
The EROMF will provide a targeted and integrated approach and indicate the specific
accountabilities and responsibilities related to the risk and opportunity management process,
decision making and strategic and operational planning.
Councillors:
e adopt Council's Enterprise Risk and Opportunity Management Policy;
e actively participate in strategic and tactical decision-making processes;
e ensure that strategic risks and opportunities are identified, managed and controlled
appropriately; and
e appoint the Audit and Risk Committee to provide independent assurance, oversight and
monitoring to Council with respect to the risk management function.
The Chief Executive Officer (CEO) and Executive Team:
e endorse the Enterprise Risk and Opportunity Management Policy for Council adoption;
e approve the supporting Enterprise Risk and Opportunity Management Framework and
monitor implementation;
e provide leadership and commitment in the management of opportunities and strategic,
service delivery and project risk, including annual review and endorsement of Council’s risk
appetite and tolerances, and 6 monthly review of the Strategic Risk Register;
e emphasise that risk and opportunity management is a core responsibility for all employees;
e allocate appropriate resources for risk and opportunity management and consider
capabilities and constraints on existing resources;
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e identify individuals who have the accountability and authority to manage risks (risk owners),
where appropriate;
e integrate risk and opportunities in a targeted way across the organisation; and
e build a transparent and dynamic risk and opportunity culture and generally champion risk
management within Council.
Employees:
e adhere to the Enterprise Risk and Opportunity Management Policy;
e maintain an awareness of their operational environment as well as current and potential risks
and opportunities, particularly in their area of expertise and industry;
e identify new and emerging risks and apply the risk and opportunity management process in
their area of work, including regular review, ownership, monitoring, escalation and reporting;
e if an employee is identified as a risk owner, then they are required to manage and monitor
the risk.
Governance Branch:
e periodically review the Enterprise Risk and Opportunity Management Policy and the EROMF;
e provide periodic updates to the Audit and Risk Committee regarding Council's strategic risks
and the risk management function; and
e educate employees on the application of the Policy and associated Framework, tools and
templates.
KEY TERMS
Risk The effect of uncertainty on objectives.
Risk appetite The amount of risk exposure, or potential adverse impact that Council is
willing to accept, tolerate, or be exposed to at any point in time in pursuit of
its strategic objectives.
Risk criteria The terms of reference against which the significance of a risk is evaluated.
Risk culture Refers to the behaviours that lead to how employees think about and manage
risk.
Risk management Coordinated activities to direct and control Council's practices with regard to
risk.
Risk management The foundations and arrangements for designing, implementing, monitoring,
framework reviewing, integrating and continually improving risk management.
Risk management A statement of the overall intentions and direction of Council related to risk
policy management.
Risk management The systematic application of management policies, procedures and
process practices to the tasks of communicating, establishing the context, identifying,
analysing, evaluating, treating, monitoring and reviewing risk.
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Risk appetite A qualitative position description for established risk categories that
statement collectively communicate Council’s overall attitude to risk, to be used a tool
or guide in planning and decision making.
Risk tolerance Quantitative and specific measures that provide an indication as to whether
or not a risk is acceptable, having regard to Council's risk appetite statement
and any adopted key performance indicators.
RELEVANT LEGISLATION & DOCUMENTS
Local Government Act 2009 (QLD)
Local Government Regulation 2012 (QLD)
Human Rights Act 2019 (QLD)
AS/NZS !SO 31000:2018 Risk management — principles and guidelines
Enterprise Risk and Opportunity Management Framework
Couneil’s Human Rights Policy
HUMAN RIGHTS COMPATIBILITY STATEMENT
In developing this policy, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council.
This policy should be read in conjunction with the Human Rights Act 2019 (QLD) and Council’s
Human Rights Policy.
Version control:
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 New n/a Council 28/08/2014
2.0 Review ¥ Council / Audit & Risk Committee
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8 BURGESS CREEK COASTAL EROSION AND WATER QUALITY
Author Principal Environment Officer – River Strategy & Engagement,
Amy Kimber
Environment and Sustainable Development Department
Index ECM/ Waterways/Rivers/Lakes/Canals/Dams/ 63.04
Attachments Nil
EXECUTIVE SUMMARY
At Council’s Ordinary Meeting held on 16 June 2022, a Notified Motion was submitted by Cr
Lorentson regarding Burgess Creek, and it was resolved for the CEO to provide an update
at a future meeting.
RECOMMENDATION
That Council note the report by the Principal Environment Officer – River Strategy &
Engagement to the General Committee Meeting dated 12 September 2022 and
A. Consider a detailed project proposal for a Noosa Eastern Beaches Creeks High Risk
Erosion Prioritisation Project for Council at its Budget Review 2 deliberations;
B. Note an internal investigation of erosion impacts from foot traffic at the mouth of
Burgess Creek and adjacent dunes and engagement with the Burgess Creek Bushcare
Group and other interested stakeholders to develop nature-based restoration and
erosion control measures; and
C. Request the CEO (or delegate) liaise with Unitywater to provide all routine monitoring
reports including water quality and quantity discharges for Burgess Creek to Council
Environment staff to support Council’s Integrated Water Quality Monitoring Program
for Noosa Shire.
REPORT
At Council’s Ordinary Meeting held on 16 June 2022, a Notified Motion was submitted by Cr
Lorentson, and it was resolved for the CEO to provide an update at a future meeting on a
range of management issues including:
erosion management of Burgess Creek mouth;
management of outflows and water quality from the Wastewater Treatment Plant
discharging into Burgess Creek;
stormwater management and infrastructure for the Burgess Creek Sub-catchment;
downstream erosion caused to dunes and beaches as a result of stormwater discharge
and wastewater flows; and
funding options and opportunities for catchment and coastal management and
infrastructure solutions.
Each of these matters as per the notified motion are addressed in turn below.
Actions to be undertaken by Council to manage the Burgess Creek Mouth, including
erosion management
The Burgess Creek catchment is a small coastal creek catchment that discharges directly
into the Coral Sea at Sunshine Beach. Covering roughly 545 hectares, it drains from the back
of residential developments in Noosa Head, through bushland and community facilities near
Eenie Creek Road, and then through a Council-managed Bushland Reserve and National
Park.
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There are no formal constructed beach access facilities off David Low Way where the road
crosses Burgess Creek. Pedestrian use of this area down to the beach is via informal tracks
and has steadily increased over time particularly as other beach accesses along the coast
have become busier.
Burgess Creek is affected by erosion which requires active management. The northern bank
of the creek near the mouth, east of David Low Way is eroding due to a combination of
uncontrolled foot traffic across and down the bank, and high peak waterflow during rain
events. Many other beach visitors are also accessing the creek mouth and dunes from the
beach itself which is contributing to erosion. Bank instability ranges from minor movement of
sand to drastic slip failure.
At the mouth of the creek, up to 270 metres of the frontal dunes on the northern side of the
creek can become eroded as the creek naturally meanders to the north. Council is seeking
to better understand the reasons behind the creek’s channel migration for different rain
events and timescales, by relating observed changes to conditions such as waves, creek
water surface levels, and discharge. This will involve the development of a model that helps
explain the main triggers and predicts thresholds affecting the creek’s changes. This
modelling and analysis can also then be used to inform water quality monitoring for Burgess
Creek under different rainfall conditions.
The increased flows during the 2022 floods have further exacerbated erosion on the northern
side of all Eastern Beaches creeks. Council has recently performed channel realignment
works to straighten the Burgess Creek channel to mitigate erosion impacts, however the
channel is again slowly making its way towards the north.
On 18 November 2021 Noosa Council adopted the Coastal Hazards Adaptation Plan (CHAP)
which prioritises nature-based solutions when addressing issues at creek outlets. To support
this plan, Council is implementing an ongoing coastal monitoring program using a range of
survey and recording techniques. This includes deploying a fixed shoreline camera at
Burgess Creeks to monitor creek movement. This will be supported by satellite imagery,
onground survey and fixed wing drone survey to track erosion and accretion trends along the
length of the Eastern Beaches.
Bank stability works in public land have been undertaken at Burgess Creek, near Ross
Crescent, and near Sobraon St to protect built and natural assets. Traditionally Council has
undertaken these works in a reactive manner when sand slips become evident. However, it
is proposed that Council adopts a process of monitoring and prioritising remediation of the
Eastern Beaches creeks to enable proactive and coordinated management. Referred to as
the ‘Noosa Eastern Beaches Creeks High Risk Erosion Prioritisation Project’, this project
proposal will be submitted for consideration as part of a future budget review.
Burgess Creek presents a particularly challenging environment for pedestrian access.
Access to the creek and mouth is discouraged due to the treated effluent discharged from
the upstream sewage treatment plant owned by Unitywater, yet the location of the pathway
further upstream along the creek naturally channels foot traffic to an unofficial beach access
on the northern side of the creek. There is a significant distance between beach accesses
38 and 39 which service a high number of visitors, prompting residents to create their own
access points. New beach access standards to improve the resilience of coastal dunes are
being developed and will help inform appropriate access improvements for Burgess Creek
to better manage dune erosion.
Council carries out periodic Bushland Operational Assessments (BOAs) to inform dune
restoration. A bush regeneration zone with fencing and signage to help minimise foot traffic
is also needed, along with community consultation. The Burgess Creek Bushcare Group is
active in the area and will be an important stakeholder.
An Eastern Beaches Foreshore Management Plan is also under development addressing
the high number of management issues concentrated along the Eastern Beaches foreshore
reserves. It will help set out priorities for Council including for beach reserve protection, dune
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
restoration, pedestrian access, fire management and community awareness. This plan will
be releases for community consultation in the coming months.
Council’s current and future plans in relation to the management of outflows and water
quality from the Unitywater Wastewater Treatment Plant discharging into Burgess
Creek
The Noosa sewage treatment plant has been in place since 1995 and has enabled much of
the development and growth of the surrounding urban areas through its provision of
treatment services.
While Burgess Creek itself is affected by treated water and stormwater discharge, it has an
important role in helping to protect Noosa River, Laguna Bay and the Coral Sea, particularly
inshore waters, by filtering water as it flows through the catchment and discharges to the
sea. The higher levels of infiltration, filtration and nutrient uptake afforded by the natural
surfaces and native and weedy vegetation in the bed, banks and surrounds of Burgess Creek
reduces the amount of water, sediment and nutrient entering the Coral Sea and being swept
up into Laguna Bay when compared to a piped outfall. This in turn helps improve inshore
water quality and reduces algal blooms. The Shire’s A- Healthy Land and Water Report
Card rating in the Noosa River’s lower reaches is due in part to it not receiving the lower
quality water inputs from the densely populated coastal areas it might otherwise.
Council’s Environmental Health branch regularly monitor water quality at Burgess Creek
under the bridge at David Low Way and at the mouth. Environment Services and
Environmental Health officers recently visited Unitywater’s seven (7) monitoring sites with
Unitywater as part of a cooperative approach to ongoing integrated water quality monitoring.
Better signage with a QR code linking to Council’s planned water quality public monitoring
dashboard is recommended to increase awareness about the environmental health
implications of outflows into Burgess Creek following high rainfall events.
Council has been working with Unitywater to address community concerns regarding the
Burgess Creek catchment as part of Unitywater’s Water Matters Plan. The plan sets out a
strategic management approach to total water cycle management for Unitywater’s assets
and services, and links to broader catchment management issues. To assist with
communications, Council has developed a dedicated project page
(https://www.noosa.qld.gov.au/burgess-creek) providing information about the catchment’s
natural features, erosion concerns, Council projects underway, and the quality of water in the
catchment. In April 2021 Unitywater commenced community consultation on the Water
Matters Plan, and further consultation is expected in early 2023.
Council’s responsibilities and obligations for stormwater pipes, culverts and other
infrastructure which stormwater and treated wastewater are channelled
Council is responsible for the maintenance, upgrade, and renewal of stormwater assets.
Wastewater assets are the responsibility of Unitywater.
Broad catchment wide planning is underway to investigate opportunities to improve
stormwater management and identify any other point source pollutants in the Burgess Creek
catchment. Work is also underway at the Girraween Sports Fields to trial measures to reduce
nutrient loads from the sporting field entering Council-managed lands and Noosa National
Park.
Council’s duties in respect of downstream erosion caused to dunes and beaches as a
result of storm water discharge and wastewater outflows from the Unitywater
Wastewater Treatment Plant
The area around the Burgess Creek outlet is State reserve for the purpose of maintaining
the ‘esplanade’. Council is trustee of this reserve, responsible for day-to-day management,
and is performing a range of management activities as outlined previously in this report.
The Department of Environment and Science is the responsible agency under the
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Environmental Protection Act for monitoring potential environmental impacts caused by the
sewage treatment plant under Environmental Authority EPPR00869113. Council
Environmental Health officers have responsibility for any public health notifications regarding
recreational water quality.
Possible funding options and opportunities from Unitywater, State and Federal
governments for long-term integrated catchment and coastal management and
infrastructure solutions
As mentioned, Council is working with Unitywater on the development and implementation
of Unitywater’s Water Matters Plan. Review of stormwater management will be an important
step for Council in its implementation. The Water Matters Implementation Plan is currently
under discussion for co-investment by Unitywater and Council, and community engagement
a necessary input into this.
There are several funding tranches available from the Queensland Reconstruction Authority
for flood recovery activities, as well as other natural resource management funding. Council
will continue to explore funding opportunities through the State and Federal Government.
Environment Services has been approached by an external provider to apply for a $50,000
Feasibility Study grant, which would provide an overview of Noosa’s stormwater assets and
their role in mitigating flood risk and pollution. Staff are considering the suitability of this grant
as part of its infrastructure planning.
Climate change and coastal hazards grants are available, including three current grants that
Council has been successfully awarded for coastal monitoring, beach access design and
coastal sand transport modelling.
Previous Council Consideration
Ordinary Meeting Minutes, 16 June 2022, Item 5, Page 3
Notified Motion – Cr Amelia Lorentson – Burgess Creek
That Council request the Chief Executive Officer to provide a report to a future meeting
outlining:
A. Actions to be undertaken by Council to manage the Burgess Creek Mouth, including
erosion management;
B. Council’s current and future plans in relation to the management of outflows and water
quality from the Unity Water Wastewater Treatment Plant discharging into Burgess
Creek;
C. Council’s obligations as a trustee, including, but not limited to:
1. Council’s responsibilities and obligations for stormwater pipes, culverts and other
infrastructure which stormwater and treated wastewater are channelled;
2. Council’s duties in respect of downstream erosion caused to dunes and beaches
as a result of storm water discharge and wastewater outflows from the Unity
Water Wastewater Treatment Plant; and
D. Possible funding options and opportunities from Unitywater, State and Federal
governments for long-term integrated catchment and coastal management and
infrastructure solutions.
Finance
Funding has been allocated in Council’s Coastal Monitoring Program for a fixed camera to
monitor Burgess Creek, the surrounding beach and shoreline. Council has also contributed
funding to a joint project with the University of the Sunshine Coast, University of Queensland
& EOMAP to develop a beach erosion model for Burgess Creek and to develop an innovative
interactive data monitoring dashboard. Grant funding has been obtained by SmartSat CRC
to support this project.
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
There are various other CHAP implementation projects that have funding commitments, as
outlined in this report, including for beach access standards and sand transport modelling
investigations.
Funding has also been allocated for an integrated water quality monitoring program for the
Noosa Shire that will include ongoing monitoring for Burgess Creek in partnership with
Unitywater.
Risks & Opportunities
The coastal erosion risks and water quality management issues for Burgess Creek are being
actively managed and investigated across different areas of Council to ensure an informed
management approach, in close partnership with Unitywater. There are a range of complex
management issues that inter-relate that extend beyond the river mouth to various parts of
the catchment.
The Noosa Eastern Beaches Creeks High Risk Erosion Prioritisation Project currently being
scoped will provide an important opportunity to investigate and manage coastal erosion risks
more proactively at the creek mouth.
Development of Council’s Integrated Water Quality Monitoring Program and sharing of data
by Unitywater will allow Council to inform the public of recreational water quality conditions
more readily. This will also be an important input into ongoing total water cycle planning by
Council and Unitywater.
Consultation
External Consultation - Community & Stakeholder
Council staff meet regularly with Unitywater to discuss joint management matters, with further
meetings planned to discuss the Water Matters Plan, implementation plan, and community
engagement activities over the coming months.
Internal Consultation
Internal consultation with staff from Community Services, Environment & Sustainable
Development, and Infrastructure Services is ongoing.
Departments/Sections Consulted:
X Chief Executive Officer X Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 71
GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
9 FINANCIAL PERFORMANCE REPORT – AUGUST 2022
Author Financial Services Manager (Acting), Pauline Coles
Corporate Services Department
Index ECM/ Subject / 22.09 – Monthly Financial Performance Report
Attachments 1. Statement of Income and Expenditure (Profit & Loss and
Capital)
2. Statement of Financial Position
3. Statement of Cash Flows
4. Summary of Materials and Services Expenditure
EXECUTIVE SUMMARY
Year-to-date (YTD) performance against current budget as at 31 August 2022 is positive with
operating revenues outperforming forecast and operating expenditure slightly under forecast
YTD. Capital revenues are in line with forecast with capital expenditure below forecast due
to scheduled timing of project delivery. The current budget now includes Budget Review 1
(BR1) adjustments which were adopted at August 2022 Council meeting for any operational
and capital commitments carried over from 2021/22.
YTD Financial Performance Summary
Budget Actual Variance Variance
Status
$m $m $m %
Operating Revenue $46.5 $47.5 $1.0 2.1% Above Budget
Operating Expense $19.2 $18.9 $0.3 1.4% On Track
Operating Position $27.4 $28.6 $1.2 4.5%
Capital Revenue $3.0 $3.0 $0.0 1.0% On Track
Capital Expenditure* $10.0 $8.1 $1.8 18.5% Below Budget
Financial statements including Statement of Income & Expenditure, Statement of Financial
Position (balance sheet), and Statement of Cash Flows are included as attachments for
information for Council.
Figure 1: Actual Performance Compared to Budget
$50 $47.5
$46.5
$45
$40
$35
$30
$25
$19.2 $18.9
$20
$15
$10
$5
$-
Operating Revenue Operating Expenditure
YTD Budget ($m) YTD Actual ($m)
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Council’s performance against key measures of financial sustainability has been calculated
as at August 2022. These statutory indicators enable the reader to assess Council’s success
in managing its budget, cash and debt as well as undertaking sustainable asset
management. The table below contains a snapshot of a number of key measures, with full
detail included in the report.
YTD Measures of Financial Sustainability
Current
Target Actual YTD Status
Budget
Operating Surplus Ratio 0-10% 0.1% 81.4% On Track
Net Financial Liabilities Ratio <60% -7.1% -148.1% On Track
Cash Cover Ratio 3 months 8 months 11.8 months On Track
Asset Sustainability Ratio > 90% 151.6% 10.7% On Track
RECOMMENDATION
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 12 September 2022 outlining August 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
REPORT
Operating Revenue (YTD Benchmark 16.7%)
Council has received 40% ($47.5 million) of its operating revenue budget ($118.4 million).
Commentary on each revenue category is provided below.
Category Summary Comments
Rates and $41.5 million (50.3%) Waste utility charges $127k above YTD budget
Levies of the annual budget of (50.9% or $7.3 million of $14.3 million annual
$82.5 million has been budget earned)
earned General rate (net of discounts) $110k above YTD
budget (50.2% or $31.4 million of $62.6 million
annual budget earned)
Fees and $2.0 million (22.5%) of Property and Facility fees $33k above YTD budget
Charges the $8.9 million annual (22.9% or $118k of $514k annual budget earned)
budget has been Local Laws fees $53k below YTD budget (34.8% or
earned $587k of $1.7 million annual budget earned)
Building & Plumbing fees $28k below YTD budget
(17.6% or $384k of $2.2 million annual budget
earned)
Development assessment fees $28k below YTD
budget (12.5% or $348k of $2.8 million annual
budget earned)
Sale of $2.2 million (18.4%) of Holiday Park sales $131k above YTD budget
Goods and the $12.3 million (18.1% or $638k of $3.5 million annual budget
Services annual budget has earned). Any revenue upside will be generally offset
been received by a corresponding increase in associated
operating costs
Waste disposal fees $216k above YTD budget
(19.2% or $812k of $4.2 million annual budget
earned)
Community Facility fees $57k above YTD budget
(17.8% or $507k of $2.8 million annual budget
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GENERAL COMMITTEE MEETING AGENDA 12 SEPTEMBER 2022
Category Summary Comments
earned)
Waste management sale of recoverable materials
$56k below YTD budget (16.9% or $252k of $1.5
million annual budget earned)
Interest $485k (55.8%) of the Interest revenues are tracking above budget YTD
Received $870k annual budget following the investment of surplus cash into higher
has been earned yielding term deposits.
Other $457k (16.3%) of the Other revenue is in line with budget expectations at
Revenue $2.8 million annual this stage
budget has been
earned
Operating $621k (12.2%) of the Operating Grants and subsidies are slightly above
Grants, $5.1 million annual YTD budget expectations due to the receipt of a
Subsidies budget has been QRA Local Economic Recovery Grant and
received Queensland Arts Showcase Program Grant.
75% ($1.9 million) of the financial assistance grant
was prepaid in June 2022 and may impact on
Council’s 2022/23 final operating position if the
prepayment approach is discontinued by the
Australian government.
Unitywater On track Unitywater distributions are fixed each year so little
Distributions budget variance risk
Figure 2: Operating Revenue Position by Type (Excluding Rates)
$2.5
$2.3
$2.1 YTD Budget ($m)
$2.0 $1.9
$2.0 YTD Actual ($m)
$1.5
$1.0
$0.6
$0.5 $0.5
$0.5 $0.3 $0.3
$0.2
$0.2 $0.2 $0.2 $0.2
$0.0
Charges
Other
Income
Grants
Goods &
Unitywater
Services
Sales of
Rental
Interest
Fees &
Share of
Operating Expenditure (YTD Benchmark 16.7%)
Actual operating expenditure is currently 15.9% ($18.9 million) of full year budget ($119.1
million). Detailed commentary for each expenditure category is provided below.
Category Summary Comments
Employee $6.1 million (14.4%) of YTD under expenditure for permanent staff salaries
Costs the annual budget of and wages ($354k) due to position vacancies,
$42.3 million has been partially offset by additional spend on casual staff
expended and external labour hire ($117k).
Training costs $2k above YTD budget (13.7% or
$51k of $374k annual budget spent)
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