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2016-07-21 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 21 July 2016
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING AGENDA 21 JULY 2016
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 NOTIFIED MOTIONS 3
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 10
GENERAL COMMITTEE RECOMMENDATIONS 12
6 ORDINARY MEETING REPORTS 14
7 PETITIONS 14
8 CLOSED SESSION 14
9 NEXT MEETING 14
10 MEETING CLOSURE 14
Page 2 of 14
Section 3
ORDINARY MEETING AGENDA 21 JULY 2016
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 16 June 2016 be received and confirmed.
3 MAYORAL MINUTES
4 NOTIFIED MOTIONS
Nil.
Page 3 of 14
Section 4
ORDINARY MEETING AGENDA 21 JULY 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
12 JULY 2016 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and Tony
Wellington
Other Councillors in attendance: Cr Frank Wilkie
1 APPLICATION FOR A DEVELOPMENT APPROVAL FOR BUILDING WORKS
ASSESSABLE AGAINST THE PLANNING SCHEME - BUILDING WORKS WITHIN
COASTAL PROTECTION OVERLAY SITUATED AT 26 LORIKEET DRIVE, PEREGIAN
BEACH PBA16/0016
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 and refuse Application No. PBA16/0016 for a
Preliminary Approval for Building Works assessable against the Planning Scheme, situated
at 26 Lorikeet Drive, Peregian Beach for the following reasons:
1. The proposed building works conflicts with the provisions of The Noosa Plan’s
Natural Resources Overlay Code.
2. The application fails to provide revegetation within a 5.0m setback from the seaward
boundary to assist in maintaining natural coastal processes including the natural
cycles of erosion and accretion of foreshore areas.
3. The works would not advance The Noosa Plan’s precautionary approach, which
seeks to improve coastal resilience; and.
4. The proposed works are located in a Coastal Hazard Area – Erosion Prone Area
under the State Planning Policy and the maintenance of a 6m setback in this area is
consistent with the policy provisions to address the potential risks associated with
coastal erosion and the projected impacts of a variable climate.
2 REPRESENTATIONS TO A DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING
TYPE 1 RELATIVE OR EMPLOYEE AT 52 GEVERS ROAD, BLACK MOUNTAIN
(MCU16/0036)
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding representations made in relation to
Application MCU16/0036 for a Development Permit for Material Change of Use of
Premises - Multiple Housing Type 1 - Relative and Employee, situated at 52 Gevers Road,
Black Mountain and:
A. Agree to the representations made; and
B. Amend Condition 3 to read as follows:
3. The proposed relative’s accommodation must not have any more than 1
bedroom and must be located no more than 60m from the existing detached
dwelling onsite.
Page 4 of 14
Section 5
ORDINARY MEETING AGENDA 21 JULY 2016
3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE APPLICATION
FOR A SHOWROOM (AUTOMOTIVE PARTS AND ACCESSORIES) AT 139 EUMUNDI
NOOSA ROAD & 30 LIONEL DONOVAN DRIVE, NOOSAVILLE MCU16/0038
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding Application No. MCU16/0038 for a
Development Permit for Material Change of Use of Premises - Retail business Type 4 -
Showroom (Automotive Parts & Accessories) situated at 139 Eumundi Noosa Road and 30
Lionel Donovan Drive, Noosaville 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
A1 R Site Layout, prepared by Powe Architects 14/04/2016
Nature and Extent of Approved Use
3. The approved use is for Retail Business Type 4 – Showroom (automotive parts
and accessories) with a maximum gross floor area of 800m².
4. Prior to the commencement of the use all conditions of MCU14/0102 must be
complied with.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The showroom for the sale of automotive parts and accessories provides an
automotive service-related business suitably located in the Noosaville auto
precinct.
2. The proposal is compatible with and complementary to surrounding industrial
and vehicle uses.
Page 5 of 14
Section 6
ORDINARY MEETING AGENDA 21 JULY 2016
4 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR OFFICES, NEW
COMMUNITY HOUSE, RESTAURANT & SPORT AND RECREATION USES AND
BOUNDARY REALIGNMENT AT 253 & 255 DAVID LOW WAY AND 5-7 RUFOUS ST,
PEREGIAN BEACH MCU16/0044 / REC16/0009
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding Application No. MCU16/0044 & REC16/
for a Development Permit for Commercial Business Type 1 (Office), Wellbeing Type 2
(Social), Entertainment and Dining Business Type 1 (Food and Beverages), Open Space
Type 1 (Sport & recreation) and Reconfiguring a Lot (Boundary realignment) situated at
253 & 255 David Low Way and 5-7 Rufous Street, Peregian Beach and:
A. Approve the Material Change of Use application (MCU16/0044) in accordance with
the conditions contained in the Planning & Environment Committee Agenda dated 12
July 2016;
B. Approve the Reconfiguring a Lot application (REC16/0009) in accordance with the
conditions contained in the Planning and Environment Committee Agenda dated 12
July 2016;
C. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The development meets emerging community needs for co-work spaces and
digital industries.
2. The development provides new start-up, incubation, networking and
development opportunities for Noosa business and community uses.
3. The community based development aligns with the intent of the site’s
community zoning and retains significant open space and recreational areas.
4. The development is consistent with Noosa Council’s adopted Rufous Street
Precinct Master Plan.
5. The development will not adversely impact on existing residential or commercial
uses.
5 REQUEST TO CHANGE EXISTING DEVELOPMENT PERMIT FOR A MATERIAL
CHANGE OF USE FOR AN UNDEFINED USE - TEMPORARY SHORT-TERM SELF-
CONTAINED RV STOP AT 154 HOLTS ROAD, COOROY - MCU14/0060.01
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding Application No. MCU14/0060.01 for a
request to change an existing Development Permit for Material Change of Use an
Undefined Use - Temporary Short-Term Self-Contained RV Stop situated at 154 Holts
Road, Cooroy and:
A. Agree to amend Conditions 4, 5 & 10 to read:
4. Visitor stays shall not exceed 7 consecutive nights.
5. Wastewater from communal ablutions, laundry, kitchen facilities, and the like,
must be directed to holding tanks for disposal offsite. A plumbing approval must
be obtained for the associated wastewater system.
10. This temporary development approval expires on 18 December 2018. Upon
receipt of a written request, Council may provide written consent to extend the
approval on an annual basis having regard to the status of the adjacent mining
lease, the degree of compliance with the approval conditions herein and any
breach history.
B. Amend the approved RV Stop use to delete the term “self-contained”.
Page 6 of 14
Section 7
ORDINARY MEETING AGENDA 21 JULY 2016
6 PLANNING & ENVIRONMENT COURT APPEAL 1999/2016 FOR A DEVELOPMENT
APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESSES -TYPE 5
VEHICLE USES (SERVICE STATION) & TYPE 2 SHOP AT 115 EUMUNDI NOOSA
ROAD NOOSAVILLE (MCU15/0095)
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the local
Government Act 2009) as prior to the election, in her past capacity as Secretary of Noosa Parks Association,
she was a submitter in opposition to the application. Cr Jackson left the meeting for debate and decision on
this matter.
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding Planning & Environment Court Appeal
1999/2016 and agree to defend the appeal.
Cr Jackson re-joined the meeting.
7 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 3 RETIREMENT & SPECIAL NEEDS (56 ADDITIONAL RETIREMENT
DWELLINGS) AND RECONFIGURING A LOT (4 INTO 3 LOTS) (MCU15/0111 &
REC15/0031)
Item not dealt with by the Planning & Environment Committee. Referred to the
General Committee for consideration.
Reason for referral: Cr Stockwell disagrees with the recommendation and has
requested further consideration regarding the proposed conditions with relation to
design of the proposal.
8 OPERATIONAL WORKS APPLICATION FOR ACCESS DRIVEWAY WITHIN HOOP
PINE ROAD, COOROY (OPW15/0194)
That Council note the report by the Coordinator Engineering & Manager, Planning &
Environment to the Planning & Environment Committee Meeting dated 12 July 2016
regarding Application No. OPW15/0194 for a Development Permit for Operational Works –
Vehicle Access and refuse the application for the following reasons:
1. The proposed works do not meet Planning Scheme Policy No. 5 Engineering Design
Standards – Roads, Drainage and Earthworks for a road, as the proposed gradient is
excessive.
2. The proposed gradient is considered dangerous and presents a significant safety risk
for users of Hoop Pine Road.
3. The proposed works will require excessive maintenance to ensure all weather access
for slip resistance and adequate functioning of the stormwater drains and result in an
unreasonable imposition on Council.
9 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PRIORITY INFRASTRUCTURE
AREA)
That Council note the report by the Infrastructure Assessment Coordinator to the Planning
& Environment Committee Meeting dated 12 July 2016 and approve the Priority
Infrastructure Area (PIA) Maps provided at Attachment 1 for the proposed Local
Government Infrastructure Plan (LGIP) to replace the current Priority Infrastructure Plan
(PIP) of the current Noosa Plan planning scheme.
Page 7 of 14
Section 8
ORDINARY MEETING AGENDA 21 JULY 2016
10 NOOSA SHIRE KOALA CONSERVATION PLAN
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 12 July 2016 and
A. Acknowledge and thank submitters for their comments on the Koala Conservation
Plan;
B. Adopt the Noosa Shire Koala Conservation Plan; and
C. Commence the implementation of actions as identified in the Koala Conservation
Plan.
11 HEALTHY WATERWAYS FUNDING CONTRIBUTION
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) as he has utilised SEQ catchments in a consultancy. Cr Stockwell believed he could
consider this item impartially and in the public interest and therefore remained in the room for debate and
decision on this matter.
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 12 July 2016 and authorise the CEO to enter into a
3 (three) year Deed of Agreement with Healthy Waterways.
12 FURTHER REPORT - PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL
LAND
That Council note the reports by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 7 June 2016 and to the Planning & Environment
Committee Meeting dated 12 July 2016 and endorse the study “Agriculture and Agricultural
Land in Noosa Shire 2016” provided at Attachment 1 to the report dated 12 July 2016 with
minor changes as discussed at the meeting, for the purpose of informing the new Planning
Scheme.
13 EXTRACTIVE RESOURCES AND MINERALS PLANNING STUDY 2016
That Council note the report by the Strategic Planner to the Planning & Environment
Committee Meeting dated 12 July 2016 and endorse the “Draft Extractive Resources and
Minerals Planning Study 2016” provided at Attachment 1 for the purpose of informing the
new Planning Scheme with the changes as follows:
A. Page 15 - Ringtail Creek Quarry: delete the reference to the concrete batching plant
and delete the “Approvals and Permits” paragraph;
B. Page 19 - KRA 57: change the second sentence under “Recommendation” to read,
“The site may meet future local demand for quarry rock”;
C. Page 21 - Nandroya: further investigate the “Status” to determine the future use of
the site;
D. Page 24 - White Pit:
1. acknowledge the send site as well as the receive site; and
2. under “Approvals and Permits” note that CSR have not yet determined their
future intention for that site; and.
E. Identify the send site behind the CSR Brickworks.
Page 8 of 14
Section 9
ORDINARY MEETING AGENDA 21 JULY 2016
14 PLANNING STUDY ON EFFLUENT DISPOSAL
That Council note the report by the Project Manager New Planning Scheme to the Planning
& Environment Committee Meeting dated 12 July 2016 and endorse the study “On-Site
Effluent Disposal in Noosa Shire 2016” provided at Attachment 1, for the purpose of
informing the new Planning Scheme, and
A: Make the following changes:
1. Page 7: to include advanced treatment systems as an additional type of
system;.
2. Page 16: change the reference to lot sizes in Cooroy from 800sqm to 600sqm;
and
3. minor typographical changes as discussed at the meeting; and
B. Request staff to undertake a further desktop study to examine the issue in the Urban
Footprint in unsewered locations and Rural Settlement Zones to ensure consistency
with SEQwater guidelines for unsewered areas.
15 WASTE WATER FACILITY AUDIT - COORAN
That Council note the report by the Acting Building and Plumbing Services Manager to the
Planning and Environment Committee Meeting dated 12 July 2016 regarding the Cooran waste
water facility audit.
Recommendation
The Planning & Environment Committee recommendations dated 12 July 2016 be adopted
except where dealt with or held over by separate resolution.
Page 9 of 14
Section 10
ORDINARY MEETING AGENDA 21 JULY 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
12 JULY 2016 – Crs Frank Wilkie (Acting Chair) & Tony Wellington
Apologies – Crs Frank Pardon & Jess Glasgow
Other Councillors in Attendance: Cr Jackson
1 SOCIAL STRATEGY IMPLEMENTATION PLAN
That Council note the report by the Community Development Coordinator to the Services &
Organisation Committee Meeting dated 12 July 2016 and
A. Adopt the Noosa Social Strategy three (3) year Implementation Plan as set out in
Attachment 1 to the report; and
B. Request the Chief Executive Officer to provide an update and review of the
Implementation Plan after twelve (12) months of operation.
2 PROPOSED TENURE RENEWALS AND TENURE RENEWAL STATUS UPDATE -
COMMUNITY ORGANISATIONS
That Council note the report by the Property Officer to the Services & Organisation
Committee Meeting dated 12 July 2016; and
A. Note Attachment 1 to the report, Status Update - Expired Community Tenure
Agreements;
B. Authorise the CEO to enter into tenure renewal negotiations with all community
organisations outlined in Attachment 2 to the report in accordance with the
Community Purpose Land and Infrastructure Tenure Policy; and
C. Apply the exception to the requirement for tendering of the leases under Section 236
(1) (b) (ii) of the Local Government Regulation 2012 as the leases are to community
organisations.
3 COOROY DATA CENTRE - LEASE OPTION TO MACH TECHNOLOGY GROUP PTY
LTD
That Council note the report by the Property Officer to the Services & Organisation
Committee Meeting dated 12 July 2016 and authorise the Chief Executive Officer to extend
the current lease agreement to Mach Technology Group Pty Ltd over Lot 1 on SP221081
for a further two (2) year period commencing 31 October 2016.
4 APPOINTMENT OF EXTERNAL MEMBERS TO COUNCIL'S AUDIT & RISK
COMMITTEE
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Jackson disagrees with the staff recommendation.
Page 10 of 14
Section 11
ORDINARY MEETING AGENDA 21 JULY 2016
5 NOOSA LOCAL DISASTER MANAGEMENT GROUP - EMERGENCY MANAGEMENT
ASSURANCE FRAMEWORK
That Council note the report by the Director Planning & Infrastructure to the Services &
Organisation Committee Meeting dated 12 July 2016 and adopt the shared responsibility
principles of the IGEM Emergency Management Assurance Framework, for the purposes
of the ongoing development and improvement of Council’s disaster management
capabilities.
6 1516T076 REGISTER OF PRE-QUALIFIED SUPPLIERS FOR THE HIRE OF PLANT
AND OPERATORS
That Council note the report by the Works Coordinator to the Services & Organisation
Committee Meeting dated 12 July 2016 and:
A. Award the contractors listed in Table 1 within the report as pre-qualified suppliers for
plant and operator hire pursuant to tender 1516T076; and
B. Award the contract for an initial term of up to two (2) years, with an option to extend
the arrangement up to twelve (12) months.
7 ELECTRIC BUS LEASE UPDATE
That Council note the report by the Project Officer to the Services & Organisation
Committee Meeting dated 12 July 2016 providing an update on the electric bus tender.
8 NOOSA COUNCIL TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE,
JULY 2015
That Council note the report by the Technical Officer, Transport and Traffic to the Services
& Organisation Committee Meeting dated 12 July 2016 detailing the key outcomes of the
Noosa Traffic Advisory and Speed Management Committee meetings from 30 November
2015, 3 March 2016 and 2 June 2016.
Recommendation
The Services & Organisation Committee recommendations dated 12 July 2016 be adopted
except where dealt with or held over by separate resolution.
Page 11 of 14
Section 12
ORDINARY MEETING AGENDA 21 JULY 2016
GENERAL COMMITTEE RECOMMENDATIONS
18 JULY 2016 - Crs Frank Wilkie (Chair), Ingrid Jackson, Joe Jurisevic, Brian Stockwell
and Tony Wellington
Apologies: Crs Frank Pardon & Jess Glasgow
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 3 RETIREMENT & SPECIAL NEEDS (56 ADDITIONAL RETIREMENT
DWELLINGS) AND RECONFIGURING A LOT (4 INTO 3 LOTS) (MCU15/0111 &
REC15/0031)
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 July 2016 regarding Applications No. MCU15/0111 and
REC15/0031 for a Development Permit for a Material Change of Use of Premises - Multiple
housing Type 3 - Retirement & Special Needs (56 Additional Retirement Dwellings); and
Reconfiguring a Lot – 4 Lots into 3 Lots situated at 2 & 4 Lamonts Road and 19 & 20
Trading Post Road, Cooroy and:
A. Approve the Material Change of Use application (MCU15/0111) in accordance with
the conditions contained in the Planning & Environment Committee Agenda dated 12
July 2016;
B. Approve the Reconfiguring a Lot application (REC15/0031) in accordance with the
conditions as contained in the Planning & Environment Committee Agenda dated 12
July 2016;
C. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The development provides a logical extension of the approved retirement use
on adjacent land and will support the retirement housing needs of Cooroy.
2. The rural zoned allotment does not support any significant rural activities or
agricultural values and the development will not affect Cooroy’s rural production
capacity.
3. The development will not adversely impact on existing residential and rural
uses in the area.
2 APPOINTMENT OF EXTERNAL MEMBERS TO COUNCIL’S AUDIT & RISK
COMMITTEE
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 12 July 2016 and re-appoint the current external members of the
Audit & Risk Committee, Scott Williams and Cameron Jaggers for a further term of two
years from August 2016 to August 2018.
3 FLOOD MANAGEMENT PLAN
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 18 July 2016 and adopt the Noosa Council Flood Management Plan and
Implementation Plan for the purpose of directing flood management actions with the aim to
improve resilience to flood risks across the community with minor typographical
corrections.
Page 12 of 14
Section 13
ORDINARY MEETING AGENDA 21 JULY 2016
4 JUNE 2016 INTERIM FINANCIAL PERFORMANCE REPORT
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 July 2016 providing the interim 2015/16 financial performance report.
5 OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2015-16
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 18 July 2016 providing an update on progress with the implementation of
the Operational Plan to 30 June 2016 and details of Council’s Key Performance Indicators.
6 YEAR IN REVIEW - 2015/16
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 18 July 2016, providing a review of Council’s progress in the 2015/16
financial year towards achieving the seven key priorities set out in the Council’s Corporate
Plan.
Recommendation
The General Committee recommendations dated 18 July 2016 be adopted except where dealt
with or held over by separate resolution.
Page 13 of 14
Section 14
ORDINARY MEETING AGENDA 21 JULY 2016
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 18 August 2016 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 14 of 14