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2018-01-18 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 18 January 2018
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
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 18 JANUARY 2018
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
C Billingham, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 6pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 21 December 2017 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 PETITIONS
1 PETITION: REQUEST FOR PUBLIC TOILET FACILITIES IN APEX PARK,
COOROY
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That the petition tabled by Cr Jurisevic requesting that Council install public toilet
facilities near the skate park and playground in Apex Park, Cooroy be received and
referred to the Chief Executive Officer to determine appropriate action.
Carried.
5 NOTIFIED MOTIONS
Nil.
Page 2 of 7
Section 3
ORDINARY MEETING MINUTES 18 JANUARY 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
GENERAL COMMITTEE RECOMMENDATIONS
15 JANUARY 2018 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.
1 EXPRESSION OF INTEREST OUTCOME - COOROY RV STOPOVER MANAGEMENT
SERVICES
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
That Council note the report by the Property Advisor to the General Committee Meeting dated
15 January 2018 regarding the expressions of interest process undertaken for management
services for the Cooroy RV Stopover and:
A. Not award the expression of interest for management services for the Cooroy RV
Stopover in accordance with Section 228 (8) of the Local Government Regulation 2012
and clause 8.1(a) of the Expression of Interest Process Terms;
B. Request the Chief Executive Officer to inform all applicants of Council’s decision;
C. Continue operating the Cooroy RV Stopover under the current interim management
arrangement until no longer required by Council; and
D. Seek to define, negotiate and implement a community led management model which
results in the Cooroy RV Stopover being operated at nil cost to ratepayers.
Amendment
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That Item D be amended to remove the words “community led” to read:
D. Seek to define, negotiate and implement a management model which results in the
Cooroy RV Stopover being operated at nil cost to ratepayers.
Lost.
The original motion was Carried.
7 MCU17/0049 PLANNING & ENVIRONMENT COURT APPEAL D160 OF 2017 REFUSAL
OF DEVELOPMENT APPLICATION FOR HOME-BASED BUSINESS TYPE 3 (SWIM
SCHOOL) AT 8 MCKENNA COURT, NOOSAVILLE
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
D160 of 2017 and agree to defend the appeal.
Carried.
Cr Jackson voted against the motion.
Page 3 of 7
Section 4
ORDINARY MEETING MINUTES 18 JANUARY 2018
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The General Committee recommendations dated 15 January 2018 be adopted except where dealt
with or held over by separate resolution.
Carried.
2 132005.1133.07 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 145
MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES, SHOP, RESTAURANT,
MULTI-FUNCTION ROOM AND GYM FOR 75 RESORT DRIVE, NOOSA HEADS
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 15 January 2018 regarding Application No. 132005.1133.7 for a Development Permit
for a Material Change of Use for a Resort of 145 Multiple Dwelling Units and Associated
Facilities - Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive
Noosa Heads, and
A. Amend the description of the development in the Decision Notice to read Material
Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop,
Restaurant, Multi-Function Room and Gym.
B. Agree to change conditions 1, 2, 8, 33, 47, 64, 72, 81, and 83 as per the conditions
contained in the General Committee Agenda dated 15 January 2018.
C. Refuse to amend conditions 4 and 96.
D. Delegate the powers of Council under the Planning Act 2016 for minor change
applications for this development to the Chief Executive Officer.
E. Note that the report is provided in accordance with Section 63(5) of the Planning Act,
2016.
3 RAL17/0501 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT
INTO 6 RESIDENTIAL LOTS), LOCATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application RAL17/0501 for a Development Permit for
Reconfiguring a Lot – (1 into 6 residential lots), situated at 2 David Low Way, Castaways
Beach and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Overall and Specific Outcomes of
the Eastern Beaches Locality Code of the Noosa Plan. The development
proposes significant clearing that is contrary to the Locality Code which requires
protection of the vegetated character and views from the David Low Way and
protection of native vegetation.
2. The proposed development is contrary to the Biodiversity code as it involves
clearing of vegetation that is mapped as Environmental Protection and Riparian
vegetation under the Noosa Plan.
3. The proposed development will result in unacceptable impacts on the visual
amenity and character of the area.
Page 4 of 7
Section 5
ORDINARY MEETING MINUTES 18 JANUARY 2018
4. The applicant has not demonstrated that a compliant, safe access is able to be
provided to the site in accordance with required standards. To achieve a safe
access significant clearing of vegetation and earthworks in the road reserve is
also likely to be required.
5. The proposal is an overdevelopment of the site with the resultant development
form detrimentally affecting the environmental and amenity values of the site.
6. The proposed development represents a poor planning outcome for the site, with
the subdivision layout failing to provide street frontage for the lots and an
excessive number of lots with access via an easement. The proposed access
arrangements are likely to result in ongoing management and maintenance
issues for future residents of these lots.
B. Advise the utility service providers that there is significant vegetation within the road
reserve adjacent 2 David Low Way, Castaways Beach that requires detailed
assessment prior to installation of any services to minimise potential impacts on this
vegetation.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 REC16/0014 DEVELOPMENT PERMIT FOR RECONFIGURING A LOT, 1 LOT INTO 11
RESIDENTIAL LOTS, LOCATED AT 28 ELKHORN DRIVE, TEWANTIN
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application REC16/0014 for a Preliminary Approval for
Reconfiguration of a Lot (1 into 11 residential lots) situated at 28 Elkhorn Drive, Tewantin
and approve the proposal, granting a Preliminary Approval for Reconfiguring a Lot (1 into 10
residential lots and drainage reserve), subject to the conditions contained in the General
Committee Agenda dated 15 January 2018.
5 MCU16/0144 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 1 KINGSGATE DRIVE,
TINBEERWAH
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application No. MCU16/0144 for a Development
Application for Material Change of Use of Premises - Retail Business Type 2 – Shop and
Salon situated at 1 Kingsgate Drive, Tinbeerwah and defer the decision until the Ordinary
Meeting of 18 January 2018 so that a further report can be brought to Council considering
whether the existing building has the necessary building approvals.
6 PS17/0021 PLANNING & ENVIRONMENT COURT APPEAL NO 4595 OF 2017 REFUSAL
TO CHANGE ACTION NOTICE FOR SEALING OF SURVEY PLAN (STAGE 1) 191
HOLLETT RD, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
No. 4595 of 2017 and agree to defend the appeal.
Page 5 of 7
Section 6
ORDINARY MEETING MINUTES 18 JANUARY 2018
8 ZERO EMISSIONS NOOSA ORGANISATIONAL ACTION PLAN
That Council note the report by the Project Officer - Carbon Reduction to the General
Committee Meeting dated 15 January 2018 regarding the Zero Emissions Noosa
Organisational Action Plan 2017-2020 and:
A. Approve the Net Zero Emissions Noosa Organisational Action Plan 2017-2020; and
B. As a member of the Climate Council Cities Power Partnership pledge to take action
and report on the following key actions;
1. Install renewable energy (solar PV and battery storage) on Council buildings;
2. Support community facilities accessing renewable energy through incentives,
support or grants;
3. Implement landfill gas methane flaring or capture for electricity generation;
4. Adopt best practice energy efficiency measures across all Council buildings and
support community facilities to adopt these measures; and
5. Encourage sustainable transport use (public transport, walking and cycling)
through Council transport planning and design.
9 ZEN - SOLAR SYSTEM SUPPLY & INSTALLATION - 1718Q043 STAGE 2
That Council note the report by the Project Officer - Carbon Reduction to the General
Committee Meeting dated 15 January 2018 and award contract 1718Q043 – Stage 2 to ERM
Power Retail Pty Ltd (ERM Power) for the lump sum price of $253,133.70 (excluding GST),
subject to agreement of Stage 2 Contract terms and conditions.
10 FINANCIAL PERFORMANCE REPORT - DECEMBER 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 January 2018 outlining the December year to date financial performance
against budget.
Page 6 of 7
Section 7
ORDINARY MEETING MINUTES 18 JANUARY 2018
7 ORDINARY MEETING REPORTS
1 MCU16/0144 – FURTHER REPORT - DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE OF PREMISES - RETAIL BUSINESS TYPE 2 SHOP
AND SALON AT 1 KINGSGATE DRIVE, TINBEERWAH
Document i nformati on
Council Resolution
Moved: Cr Jackson
Seconded: Cr Stockwell
That Council note the report by the Development Planner to the General Committee
Meeting dated 15 January 2018 and the further report to the Ordinary Meeting dated
18 January 2018 regarding Application No. MCU16/0144 for a Development
Application for Material Change of Use of Premises - Retail Business Type 2 – Shop
and Salon situated at 1 Kingsgate Drive, Tinbeerwah and:
A. Approve the application in accordance with the conditions contained in the further
report provided in the Ordinary Meeting Agenda dated 18 January 2018.
B. Find the following are sufficient grounds to justify the decision despite the conflict
with the Planning Scheme:
1. The site has approval for a business use (general store) for over 2 decades
and The Noosa Plan specifically identifies the subject site for use as Retail
Business type 1 Local (General Store) which permits the sale of prepared
food and dining facilities for up to 10 people.
2. The proposal is small scale and potential amenity impacts are able to be
appropriately mitigated for nearby residents.
3. The proposed use predominantly serves a local function and affords the
Tinbeerwah community a local venue, providing an alternative to travelling
to nearby local centres.
C. Advise the applicant that they must immediately reduce the number of dining
facilities on site to no more than 10 seats, pursuant to the Noosa Plan’s definition
of Retail Business Type 2 Shop & Salon.
D. Advise the applicant to lodge an application for building approval for the
unapproved decks located on the north eastern side and the south western side
of the building within 60 days of the date of this approval. Further that the existing
ramp be roped off to prevent access immediately, until it is repaired and the
appropriate approvals are in place.
Carried.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 15 February 2018 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.48 pm.
Page 7 of 7