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2022-11-17 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting


         Thursday, 17 November 2022

                    commencing at 5pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING AGENDA                                     17 NOVEMBER 2022


TABLE OF CONTENTS

ITEM                                                                       PAGE


1.     ATTENDANCE & APOLOGIES                                                  3

2.     CONFIRMATION OF MINUTES                                                 3

3.     MAYORAL MINUTES                                                         3

4.     PETITIONS                                                               3

5.     NOTIFIED MOTIONS                                                        3

6.     PRESENTATIONS                                                           3

7.     DEPUTATIONS                                                             3

8.     CONSIDERATION OF COMMITTEE REPORTS                                      4

       1   AUDIT & RISK COMMITTEE MEETING REPORT – 21 OCTOBER 2022             4

       2   PLANNING & ENVIRONMENT COMMITTEE REPORT 8 NOVEMBER 2022             5

       3   SERVICES & ORGANISATION COMMITTEE REPORT 8 NOVEMBER 2022           10

       4   GENERAL COMMITTEE MEETING REPORT 14 NOVEMBER 2022                  12

9.     ORDINARY MEETING REPORTS                                               19

10.    CLOSED SESSION                                                   19

11.    PUBLIC QUESTION TIME                                                   19

       1   BRIAN O’CONNOR                                                     19

12.    NEXT MEETING                                                           19

13.    MEETING CLOSURE                                                        19




                                                                     Page 2 of 19

Section 3

ORDINARY MEETING AGENDA                                                  17 NOVEMBER 2022


1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Ordinary Meeting held on 27 October 2022 be received and confirmed.




3.   MAYORAL MINUTES




4.   PETITIONS




5.   NOTIFIED MOTIONS

     Nil.




6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     Nil.




                                                                                 Page 3 of 19

Section 4

ORDINARY MEETING AGENDA                                                   17 NOVEMBER 2022


8.   CONSIDERATION OF COMMITTEE REPORTS

1    AUDIT & RISK COMMITTEE MEETING REPORT – 21 OCTOBER 2022
ATTENDANCE & APOLOGIES

COMMITTEE
Tim Cronin (Chair)
Kerry Phillips
Cr Clare Stewart
Cr Tom Wegener

OTHER ATTENDEES
Scott Waters, Chief Executive Officer
Debra Iezzi, Director Executive Services
Diana Stewart, Governance Advisor (via Teams)
Alex Nolan, Governance Officer
Pauline Coles, Acting Finance Manager
Martin Luwinga, Queensland Audit Office
Thomas Cook, KPMG (via Teams)
Jillian Richards, KPMG (via Teams)
Armughan Azam, Crowe Australasia – Internal Auditors (for Item 6) (via Teams)
John Zabala, Crowe Australasia – Internal Auditors (for Item 6) (via Teams)
Scott Ison, (for Item 8)
Leo Jensen (for Item 6)

APOLOGIES
Trent Grauf, Acting Director of Corporate Services.

COMMITTEE RECOMMENDATIONS TO COUNCIL

4     QUEENSLAND AUDIT OFFICE REPORT
     That Council note the 2022 Closing Report provided by the Queensland Audit Office (QAO)
     and KPMG to the Audit & Risk Committee meeting dated 21 October 2022.

5    2021-22 ANNUAL FINANCIAL STATEMENTS
     That Council note the report by the Acting Manager Financial Services to the Audit and Risk
     Committee dated 21 October 2022 and approve the 2021/22 Annual Financial Statements for
     signature by the Mayor and Chief Executive Officer.

6    INTERNAL AUDIT REPORT – DEVELOPMENT ASSESSMENT AND APPROVAL
     PROCESSES
     That Council note the report by the Governance Manager to the Audit & Risk Committee
     Meeting dated 21 October 2022 presenting the internal audit report on development
     assessment and approval processes.

7    NOOSA SHIRE COUNCIL ANNUAL REPORT 2021 - 22
     That Council note the report by the Governance Manager to the Audit & Risk Committee
     Meeting dated 21 October 2022 and the draft Annual Report for 2021-22 financial year.

Committee Recommendation
That the report of the Audit & Risk Committee dated 21 October be received and the
recommendations therein be adopted except where dealt with by separate resolution.

                                                                                   Page 4 of 19

Section 5

ORDINARY MEETING AGENDA                                                          17 NOVEMBER 2022


2     PLANNING & ENVIRONMENT COMMITTEE REPORT 8 NOVEMBER 2022

ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Tom Wegener (Chair)
Cr Karen Finzel
Cr Clare Stewart
Cr Brian Stockwell

Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor)

EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

1     MCU22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
      USE FOR COMMERCIAL LANDING AND OPERATIONAL WORKS FOR PRESCRIBED
      TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE NOOSAVILLE
      That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
      for further consideration.


2     MCU22/0148 - APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD AND DRINK
      OUTLET (OUTDOOR DINING) AT 2 MEMORIAL AVENUE POMONA
      That Council note the report by the Acting Coordinator Planning to the Planning & Environment
      Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0148 for a
      Development Permit for Material Change of Use - Food and drink outlet situated at 2 Memorial
      Ave Pomona 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
            0522WZ             -       Site Plan / Floor Plan (Outdoor Areas highlighted   11/07/22
                                       Blue), prepared by Accolade Building Designs
           Nature and Extent of Approved Use

                                                                                           Page 5 of 19

Section 6

ORDINARY MEETING AGENDA                                                     17 NOVEMBER 2022


    3.   The approved use is a Food and Drink outlet for the outdoor areas and kitchen and
         storage areas as shown on the approved plans.
    4.   The approved use must not operate outside the hours of:
         a.      6am to 10pm Sunday to Thursday and public holidays
         b.      6am to 12:00 midnight Friday and Saturday
    5.   Any live music must be contained within an enclosed acoustically treated environment.
    6.   The approved uses and associated activities must not result in environmental nuisances
         such as noise, visual or odour impacts that unreasonably diminish the amenity of the
         area or surrounding uses.
         Currency Period
    7.   This development approval lapses if the use has not commenced by 17 November 2028,
         unless an application to extend the currency period is approved by Council.


3   MCU22/0115 APPLICATION FOR MATERIAL CHANGE OF USE FOR A BAR AT 1-3/9
    RENE STREET NOOSAVILLE
    That Council note the report by the Acting Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0115 for a
    Development Permit for a Material Change of Use - Bar situated at 1 - 3/9 Rene St Noosaville
    and:
    A.   Approve the application in accordance with the following conditions:
         When Conditions Must Be Complied With
    1.   Unless otherwise stated, all works required by the conditions of this Decision Notice must
         be completed prior to the use commencing, and then compliance maintained at all times
         while the use continues.
    2.   The patron use area for the consumption of food, drink and alcohol and/or congregation
         is limited to a 60m² seating area (excluding the bar area) with a maximum seating for 30
         persons. The queuing area external to the building is not approved and all queuing must
         be provided inside the building. Amended plans are to be provided to the Manager of
         Development Assessment prior to the use commencing detailing the proposed seating
         area of the bar.
         Approved Plans
    3.   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
          A103        AO6    Site Plan Prepared by Collins Building Designs       19.08.2020
          A105        AO6    Proposed Floor Plan Prepared by Collins Building     19.08.2020
                             Designs as amended by Council
          A107        AO6    Proposed Floor Areas Prepared by Collins Building    19.08.2020
                             Designs as amended by Council
          LL00        A      Proposed Landscape Key Plan Prepared by Lark         29.06.2022
                             Landscape Architecture and Urban Design
          LL01        A      Proposed Landscape Plan Prepared by Lark Landscape   29.06.2022
                             Architecture and Urban Design
          LL02        A      Proposed Planting Schedule Prepared by Lark          29.06.2022
                             Landscape Architecture and Urban Design
         Nature and Extent of Approved Use

                                                                                     Page 6 of 19

Section 7

ORDINARY MEETING AGENDA                                                       17 NOVEMBER 2022


    4.    The Bar must operate at all times in association with the Distillery use within Lots 2 and
          3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease.
    5.    All activities associated with the bar are to be undertaken inside the building. The
          landscape areas and parking areas are not to be used for any activities associated with
          the bar use. No food trucks or entertainment are to be setup in the landscape, driveway
          or parking areas.
    6.    The 60m² seating area is only permitted to be used by patrons who have booked a time
          slot for a table booking and these will be limited to 2 hours.
    7.    The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm and
          Saturday and Sunday 12:00 noon to 10:00pm.
    8.    The sale and/or consumption of alcoholic products is limited to those alcoholic products
          produced by the associated Distillery use. Any alcoholic beverages that are not
          produced as part of the Distillery use on the site must not be sold with the exception of
          other alcoholic products used to make drinks with products distilled on site. Non-alcoholic
          mixers are able to be used on site.
    9.    Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on
          site.
          Landscaping
    10.   The area at the front of the site is to be landscaped in accordance with the approved
          plans.
          Lighting of External Areas
    11.   During operating hours, all parking areas, pedestrian areas and entrances/exits 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.
          Noise Management
    12.   Noise from the Bar, including amplified or non-amplified noise and patron noise must not
          exceed:
          Continuous Noise
               daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
               evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
          Time Varying Noise
               daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
               evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
          Staff Numbers
    13.   A maximum of 2 staff for the Bar use are to be on site at any one time.
          Currency Period
    14.   The Currency Period for this development approval lapses if the use has not commenced
          by 17 November 2028, unless an application to extend the currency period is approved
          by Council.
          External Works
          Car Parking
    15.   A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked
          on the site 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:


                                                                                       Page 7 of 19

Section 8

ORDINARY MEETING AGENDA                                                       17 NOVEMBER 2022


          a.    The car spaces and scooter spaces as shown on the approved plans
          b.    The car space located directly adjacent to the building and loading dock area
                dedicated to “staff”
          c.    dimensions, crossfalls and gradients in accordance with the relevant Australian
                Standard
    16.   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.
    17.   Directional signage must be provided to direct visitors and customers to the car parking
          spaces provided on site.
          Service Vehicles
    18.   Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
          The areas must be provided in accordance with figure 5.1 of the submitted Car Parking
          Assessment reference 20401 prepared by Rytenskild.
          Pedestrian and Bicycle Facilities
    19.   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:
          d.    a total of 2 bicycle parking spaces
          Stormwater Drainage
    20.   Stormwater runoff from the new hardstand areas must be connected to the existing site
          stormwater drainage system.
          Easements
    21.   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.
    22.   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.
    23.   All works must be kept clear of any existing or proposed easements on the subject land,
          unless agreed otherwise in writing by the Grantee.
          Earthworks and Retaining Walls
    24.   All retaining walls that are publicly accessible, located on site and exceed 1.0m in height
          must be fitted with a commercial grade safety fence.
          Damage to Services and Assets
    25.   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:
          e.    where the damage would cause a hazard to pedestrian or vehicle safety,
                immediately; or
          f.    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.
    REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING
    SCHEME
    Find the following matters relevant to the assessment and sufficient reason to approve the

                                                                                       Page 8 of 19

Section 9

ORDINARY MEETING AGENDA                                                                 17 NOVEMBER 2022


     application:
     1.    The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa
           Plan 2020, and a range of industrial uses either established now or in the future may
           generate noise, odour, dust, waste nuisance or the like. These industrial businesses will
           not be required to include additional mitigation measures to address the potential impacts
           from these industrial uses on the bar, given they should reasonably be expected.
     2.    Conditions have been imposed to ensure the proposed bar is to operate in association
           with and ancillary to an existing industrial use on the site.


4    PLANNING APPLICATIONS DECIDED BY DELEGATED                                    AUTHORITY REPORT–
     SEPTEMBER 2022
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a prescribed conflict of interest in this matter:
     I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building
     Approvals are identified as the applicant in number 17 for Development Application EXE22/0015. I
     contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence
     in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated
     with the completion of the certification and inspection regime is $5,904 which includes Noosa Council
     Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room
     while the matter is considered and voted on.
     That Council note the report by the Acting Manager, Development Assessment to the Planning
     & Environment Committee Meeting dated 8 November 2022 regarding planning applications
     that have been decided by delegated authority.


5    SUMMARY OF CURRENT AND HISTORICAL DISTRIBUTION OF SEAGRASS IN THE
     NOOSA ESTUARY
     That Council note the report by the Environment Officer, Rivers & Coast to the Planning &
     Environment Committee Meeting dated 8 November 2022, and note:
     A.    The reports titled ‘Current and Historical Distribution of Seagrass in the Noosa Estuary’
           and ‘Seagrass Distribution Study’ as Attachment 1 & 2 prepared by Ecological Service
           Professionals for The Nature Conservancy and Council;
     B.    That Council’s integrated water quality monitoring program will identify options for future
           management strategies and factors influencing seagrass decline; and
     C.    That seagrass monitoring and restoration will be considered as part of the final Noosa
           River Plan, and funding needs for this will form part of upcoming budget deliberations.


6    INTEGRATED WATER QUALITY MONITORING PROGRAM
     That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
     due to the significance of the issue.




Committee Recommendation
That the report of the Planning & Environment Committee dated 8 November 2022 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                                  Page 9 of 19

Section 10

ORDINARY MEETING AGENDA                                                     17 NOVEMBER 2022


3      SERVICES & ORGANISATION COMMITTEE REPORT 8 NOVEMBER 2022


ATTENDANCE & APOLOGIES


COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie

Cr Finzel (non-Committee Councillor)
Cr Wegener (non-Committee Councillor)

EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services

APOLOGIES
Nil.


COMMITTEE RECOMMENDATIONS TO COUNCIL


1      CONTRACT NO. RP00073 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR PARKS
       AND LANDSCAPING SERVICES
       That Council note the report by the Parks and Gardens Coordinator to the Services &
       Organisation Committee Meeting dated 8 November 2022 and
       A.   Award Contract No. RP00073 for a Register of Pre-qualified Suppliers for the Parks and
            Landscaping Services for a period of twelve (12) months commencing on 1 December
            2022 to the following suppliers:
                AVM Operations Pty Ltd t/as All Vegetation Management
                APG Group Pty Ltd t/as Aussie Parks & Gardens Group
                TTF Allofus Family Trust t/as Complete Turf Management
                Creative Playground Surfaces Pty Ltd
                S.C.L Services Pty Ltd t/as Disc Landscapes
                TTF GLG Greenlife Group Unit Trust t/as GLG Greenlife Group
                Green Options Pty Ltd
                Canasta Holdings Pty Ltd t/as Greenwood Landscape Management
                SG Montague & JM Wallis t/as Hoyles Landscape Management
                Hydromulch Solutions Pty Ltd TTF Outside the Box t/as Hydromulch Solutions
                TTF The Pennell Family Trust t/as Nature Zone Landscaping & Property
                 Maintenance
                Ranges to Reef Environmental Service Pty Ltd
                The Maintenance Company Pty Ltd
                TTF The Pump House Unit Trust t/as The Pump House
                Irrigation Centre Pty Ltd t/as Think Water Noosa
                Wagners CFT Manufacturing Pty Ltd.


                                                                                   Page 10 of 19

Section 11

ORDINARY MEETING AGENDA                                                          17 NOVEMBER 2022


     B.    Subject to satisfactory performance of the suppliers, authorise the CEO to approve the
           option to extend the contract at the expiry of initial term for a further four (4) terms of up
           to twelve (12) months each ending on 30 November 2027.
     C.    Authorise the CEO to approve the addition of new suppliers to Contract No. RP00073
           for the Register of Pre-qualified Suppliers for Parks and Landscaping Services as a result
           of an advertised refresh at the expiry of the initial term and term extensions.



2    NOOSA HOLIDAY PARK FEES AND CHARGES
     That Council note the report by the Property Advisor – Commercial Property to the Services
     and Organisation Committee Meeting dated 8 November 2022 and:
     A.    Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
           of the July 2024 Queensland school holidays; and
     B.    Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
           for Noosa Holiday Parks for the period ending Sunday 7 July 2024 as detailed in the
           tables contained within the report.



3    NOOSA AQUATIC CENTRE (NAC) – FULL YEAR REPORT TO 30 JUNE 2022
     That Council note the report by the Community Facilities Manager to the Services &
     Organisation Committee meeting dated 8 November 2022, providing an end of year update on
     the activities of the Noosa Aquatic Centre for the 2021/22 financial year.



4    CAPITAL PROGRAM DELIVERY STATUS – 30 SEPTEMBER 2022
     That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
     Services & Organisation Committee Meeting dated 8 November 2022 providing an update on
     the delivery of the 22/23 Capital Program as at 30 September 2022.




Committee Recommendation
That the report of the Services & Organisation Committee dated 8 November 2022 be received and
note that there were no recommendations made at this meeting.




                                                                                         Page 11 of 19

Section 12

ORDINARY MEETING AGENDA                                                          17 NOVEMBER 2022


4      GENERAL COMMITTEE MEETING REPORT 14 NOVEMBER 2022

ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener

EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
K Rawlings, Director Environment and Sustainable Development
T Grauf, Acting Director Corporate Services
L Sengstock, Director Infrastructure Services (via Microsoft Teams)

APOLOGIES
Nil.


COMMITTEE RECOMMENDATIONS TO COUNCIL

1      MCU22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
       USE FOR COMMERCIAL LANDING AND OPERATIONAL WORKS FOR PRESCRIBED
       TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE NOOSAVILLE
       That Council note the report by the Development Planner to the Planning & Environment
       Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0048 &
       OPW22/0089 Development Permit for Material Change of Use - Landing - Commercial &
       Operational Works for Prescribed Tidal Works situated at 222 Gympie Terrace Noosaville and:
       A.   Approve the application in accordance with the following conditions:
            PLANNING
            When Conditions must be Complied With
            8.      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.
            9.      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
                 34680-01   0      Cover Page, prepared by The Jetty Specialist        14/09/2021
                 34680-02   0      Existing Structures Plan, prepared by The Jetty     14/09/2021
                                   Specialist
                 34680-03   0      Existing Structures Plan, prepared by The Jetty     14/09/2021
                                   Specialist
                 34680-04   0      New Site Plan, prepared by The Jetty Specialist     14/09/2021
                 34680-05   0      Vessel Mooring Site Plan, prepared by The Jetty     14/09/2021
                                   Specialist
                 34680-06   0      Pontoon Layout Details, prepared by The Jetty       14/09/2021

                                                                                      Page 12 of 19

Section 13

ORDINARY MEETING AGENDA                                                   17 NOVEMBER 2022


         Plan No.    Rev.   Plan/Document Name                                      Date
                            Specialist
         34680-07    0      Elevations, prepared by The Jetty Specialist            14/09/2021
         34680-08    0      Pile Setout, prepared by The Jetty Specialist           14/09/2021
         34680-      0      Pontoon P1B, Construction Details, prepared by The      2/11/2021
         P1B-1              Jetty Specialist
         34680-      0      Pontoon P1B, Foam Details, prepared by The Jetty        2/11/2021
         P1B-2              Specialist
         34680-      0      Pontoon P2A & P1A, Construction Details, prepared by    2/11/2021
         P2A-1              The Jetty Specialist
         34680-      0      Pontoon P2A – 2 Foam Details, prepared by The Jetty     2/11/2021
         P2A-2              Specialist
         34680-      0      Pontoon P2B Construction Details, prepared by The       2/11/2021
         P2B-1              Jetty Specialist
         34680-      0      Pontoon P2B – 2 Foam Details, prepared by The Jetty     2/11/2021
         P2B-2              Specialist
         34680-      0      Pontoon P3A-1 Construction Details, prepared by The     2/11/2021
         P3A-1              Jetty Specialist
         34680-      0      Pontoon P3A Foam Details, prepared by The Jetty         2/11/2021
         P3A-2              Specialist
         34680-      0      Pontoon P3B-1 Construction Details, prepared by The     2/11/2021
         P3B-1              Jetty Specialist
         34680-      0      Pontoon P3B Foam Details, prepared by The Jetty         2/11/2021
         P3B-2              Specialist
         34680-      0      Pontoon P3C Construction Details, prepared by The       2/11/2021
         P3C-1              Jetty Specialist
         34680-      0      Pontoon P3C Foam Details, prepared by The Jetty         2/11/2021
         P3C-2              Specialist
         34680-      0      Pontoon P3D Construction Details, prepared by The       2/11/2021
         P3D-1              Jetty Specialist
         34680-      0      Pontoon P3D Foam Details, prepared by The Jetty         2/11/2021
         P3D-2              Specialist
         34680-      0      Pontoon P3E Construction Details, prepared by The       2/11/2021
         P3E-1              Jetty Specialist
         34680-      0      Pontoon P3A Foam Details, prepared by The Jetty         2/11/2021
         P3D-2              Specialist
         34680-B1-   0      Pile Bracket B1 General Arrangement, prepared by        2/11/2021
         1                  The Jetty Specialist
         34680-B1-   0      Pile Bracket B1 Corner Bracket, prepared by The Jetty   2/11/2021
         2                  Specialist
         34680-B1-   0      Pile Bracket B1 Corner Bracket 2, prepared by The       2/11/2021
         3                  Jetty Specialist
         34680-B1-   0      Pile Bracket B1 6mm Chequer Plate, prepared by The      2/11/2021
         4                  Jetty Specialist
         34680-B2-   0      Inboard Pile Bracket B2 General Arrangement,            2/11/2021
         1                  prepared by The Jetty Specialist
         34680-B2-   0      Inboard Pile Bracket B2 Exposed Bracket, prepared by    2/11/2021
         2                  The Jetty Specialist
         34680-B2-   0      Inboard Pile Bracket B2 UA Bracket, prepared by The     2/11/2021
         3                  Jetty Specialist
         34680-SJ-   0      Starter Jetty Platform 2, prepared by The Jetty         2/11/2021
         3                  Specialist
         34680-SJ-   0      Starter Jetty Headstock, prepared by The Jetty          2/11/2021
         1                  Specialist
         34680-SJ-   0      Starter Jetty Platform 1, prepared by The Jetty         2/11/2021
         2                  Specialist
         34680-      0      4m Gangway 1 Construction Detail, prepared by The       2/11/2021
         GW-1               Jetty Specialist



                                                                                    Page 13 of 19

Section 14

ORDINARY MEETING AGENDA                                                     17 NOVEMBER 2022


        Certification of piles condition
        10.   The installation of the piles must be supervised by a licensed cadastral surveyor.
              Certification of the location of the installed piles prepared by a licensed cadastral
              surveyor must be provided to Council.
              The certification must:
              a.     state that the location of the piles is in accordance with the approved plans,
                     and
              b.     be submitted to Council prior to the installation/construction of any other
                     elements of the approved works
        Currency
        10.11.   This approval lapses where the construction of the jetty extension and
             pontoons have not commenced within 17 November 2028, unless application is
             made and approved by Council for an extension.
        Nature and extent of Use
        11.12.   All vessels, kayaks and SUPs for hire and all equipment associated with the
             marine use of the facility must wholly moored/stored within the approved lease
             area, with a maximum of 31 vessels at any one time.
        12.13.   All structures must be constructed wholly within the approved commercial
             lease area as per the approved plans.
        13.14.   All commercial activities including, the loading and unloading of passengers
             and boat docking is confined to the commercial lease areas of the respective
             commercial operation.
        Structures
        14.15.    All structures must use materials, natural finishes and colours that blend with
             the surrounding natural landscape.
        15.16.     Structures must be designed and constructed such that they are free standing
             within the waterway and are not connected to or behind the revetment wall or rock
             wall.
        16.17.    Structures must be designed and constructed such that they do not place
             additional vertical or lateral loads onto the existing revetment wall that may
             compromise the long term stability and/or durability of the wall. Upon completion
             of works, a certification by RPEQ must be provided to Council in this regard.
        17.18.   All structures must have no detrimental effects on stormwater drains and/or
             easements.
        18.19.   No boatlifting devices are to be attached or moored at the structures for the
             purpose of elevating a vessel above the water without Council approval.
        19.20.   The jetty and deck areas must be constructed in a manner to render the
             underside area vermin proof.
        20.21.    There must be no electrical reticulation system carrying electricity in excess
             of 24 volts beyond the revetment wall unless all switches and power outlets are
             positioned above the 1% AEP flood level.
        21.22.    Lighting associated with the use must be designed, installed, operated, and
             maintained in accordance with Section 3 of AS4282 Control of the Obtrusive
             Effects of Outdoor Lighting.
        22.23.     Wastewater and sullage must only be disposed of at approved pump out
             facilities.

                                                                                    Page 14 of 19

Section 15

ORDINARY MEETING AGENDA                                                              17 NOVEMBER 2022


          23.24.      The mooring facility must not be utilised for live-aboard purposes.
          24.25.   Any construction and post construction activity must not to impact on the
               condition of the waterway and is to be conducted so as not to breach the
               Environmental Protection Act EPA (1994) and the Environmental Protection
               (Water) Policy 2009.
          25.26.     Certification by a Registered Professional Engineer of Queensland that states
               that the jetty extension and pontoons are constructed in accordance with best
               practice methods and are structurally sound must be submitted to Council. This
               certification must be submitted to Council within three (3) months of the completion
               of the works. A final inspection and approval of the structure by Council’s Inspector
               is also required. Please contact Council’s Planning Assessment Section to
               arrange the inspection.
          26.27.   After completion, the proposed works must be maintained in a sound state of
               repair in accordance with the approved plans.
          27.28.   All necessary State government approvals relating to this development must
               be obtained prior to any works commencing on the site.
          Environment
          28.29.    To ensure the safety of persons accessing the approved works and to prevent
               environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and
               associate pipework, valves, vents and systems shall be conducted by a suitably
               qualified professional and submitted to Council for approval prior to the use of the
               new works (pontoon/jetty extensions). The audit shall demonstrate that the fuel
               systems are in a safe and serviceable condition or, where necessary, identify repair
               and rectification requirements to meet the relevant Australian Standards and
               industry best practice environmental management. Any repair works must be
               completed, with certification submitted by the auditor to Council, prior to the use of
               the new works (pontoon/jetty extensions).
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING
    SCHEME:
    Find the following matters relevant to the assessment and sufficient reason to approve the
    application:
    1.    Although there is a proposed net increase of pontoons which increases site cover within
          the lease area, the proposal:
          a.     will ensure the vessels are moored wholly within the existing lease area of the
                 marine facility; and
          b.     maintains the character of the site as a marine facility which is compatible with
                 surrounding marine activities.




2   INTEGRATED WATER QUALITY MONITORING PROGRAM
    I, Cr Stockwell, declare that I have a prescribed conflict of interest in the matter as follows: Seqwater
    was a major client of my sole trader business (t/a Watershed Australia). Between 2016 and 2020, I
    undertook: catchment planning; land capability and suitability assessments for source protection,
    recreation, grazing, infrastructure, environmental offsets and solar farms; environmental and natural
    resource evaluation, and 'Expert Witness' services in a court case, for the entity. This involved contracts
    to the value of $232,266. This work has covered the vast majority of the Seqwater estate throughout
    South East Queensland including the Seqwater Lake Macdonald estate, where the water treatment plant
    is located.

                                                                                              Page 15 of 19

Section 16

ORDINARY MEETING AGENDA                                                               17 NOVEMBER 2022


    That Council note the report by the Environment Officer – Rivers & Coast to the Planning &
    Environment Committee Meeting dated 8 November 2022 on the Integrated Water Quality
    Monitoring Program; and.
    1.    Investigate the feasibility of developing a citizen science water quality monitoring
          program designed to measure and manage the environmental health of the Burgess
          Creek catchment and Cooroy/ Six Mile Creek catchments, as well as the impact of
          Unitywater wastewater discharge and outflow and SEQwater water treatment plant
          discharge;
    2.    Explore funding opportunities for the monitoring program such as through the Unitywater
          Community Partnerships Program.


3   DRAFT EASTERN BEACHES FORESHORE MANAGEMENT PLAN FOR PUBLIC
    CONSULTATION
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
    2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection Association
    donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a
    group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of interest, I will
    now leave the meeting room while the matter is considered and voted on.
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter as my
    brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach and is also a member of
    the executive committee of the Eastern Beaches Protection Association Inc. During my election
    campaign my brother helped me with my campaign, handed out voting cards and 2 of my election signs
    were outside his property on David Low Way. As a result of my conflict of interest, I will now leave the
    meeting room while the matter is considered and voted on.
    That Council note the report by the Environment Officer Coastal Management to the General
    Committee Meeting dated 14 November 2022 and
    A.    Approve the release of the Draft Eastern Beaches Foreshore Management Plan
          (provided at Attachment 1) for public consultation in February 2023 and with the following
          amendments:
          1.     Modify Action 11.1 to read “Develop and resource a Council-managed land
                 encroachment policy for Council managed natural areas that includes:
                       educative compliance as a first measure to address and remove historic
                        encroachments; and
                       a zero tolerance and timely enforcement approach to any new
                        encroachments.”
          2.     Add an action 11.2 to read “Commence a Natural Area, Foreshore and Waterway
                 Ranger Program with staff that have roles as natural resource managers,
                 education and compliance officers.”
          3.     Add an action 11.3 to read: “Institute a broader awareness campaign to encourage
                 good custodianship of the bushland reserves and beaches including information
                 and signage.”
    B.    That the resourcing of the Ranger Program be referred to Budget Review 2 for the
          commencement of an additional officer at the earliest possible opportunity; and
    BC. Note the Community Consultation and Engagement Plan (provided at Attachment 2) for
        the consultation process.

                                                                                               Page 16 of 19

Section 17

ORDINARY MEETING AGENDA                                                           17 NOVEMBER 2022


4   SHORT TERM ACCOMMODATION MONITORING REPORT 2022
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a prescribed conflict of interest in this matter. My
    husband and I own a property at 2/17 Noosa Parade Noosa Heads. Since November 2020 this property
    has been used for Short Term accommodation rental. As a result of my conflict of interest, I will leave
    the meeting room while the matter is considered and voted on.
    That Council note the report by the Principal Strategic Planner to the General Committee
    Meeting dated 14 November 2022 and
    A.    Endorse the Short Term Accommodation Monitoring Report contained in Attachment 1
          to this report for the purpose of submitting it to the Minister for State Development,
          Infrastructure, Local Government and Planning as compliance with the Minister’s
          conditional approval of Noosa Plan 2020;
    B.    Endorse the recommendations in section 5.1 of the Short Term Accommodation
          Monitoring Report in Attachment 1 and as described in section 2.3 of this report to amend
          Noosa Plan 2020 and:
          1.    Undertake amendments relating to the Medium and High Density Residential
                zones, Rural zone, Rural Residential zone and Centres zones as part of the
                proposed amendments to Noosa Plan 2020 being reported separately to Council;
          2.    Undertake amendments relating to the Tourist Accommodation zone following
                further assessment of the spatial allocation of the zone, tables of assessment and
                other consequential amendments to the Noosa Plan 2020, and provide a separate
                report to Council;
    C.    Monitor the effects of the proposed amendments to Noosa Plan 2020 and its impacts on
          short term accommodation and housing following a 2 year period of its implementation
          and report back to Council with the findings;


5   NOOSA SHIRE COUNCIL 2021-22 ANNUAL REPORT
    That Council note the report by the Governance Manager to the General Committee Meeting
    dated 14 November 2022 and
    A.    Adopt the Noosa Shire Council 2021-22 Annual Report incorporating the 2021/22
          Audited Financial Statements; and
    B.    Authorise the Chief Executive Officer to make any required minor amendments to the
          document prior to publication.


6   FINANCIAL PERFORMANCE REPORT – OCTOBER 2022
    That Council note the report by the Manager Financial Services (Acting) to the General
    Committee Meeting dated 14 November 2022 outlining October 2022 year to date financial
    performance against budget, including changes to the financial performance report with the
    inclusion of key financial sustainability indicators.


7   COUNCIL MEETING SCHEDULE 2023
    That Council note the report by the Chief Executive Officer to the General Committee Meeting
    dated 14 November 2022 and approve the Council Meeting dates for 2023 as set out in
    Attachment 1 to the Report with an amendment that the December 2023 meetings be brought
    forward one week.



                                                                                           Page 17 of 19

Section 18

ORDINARY MEETING AGENDA                                                   17 NOVEMBER 2022


8   OPERATIONAL PLAN PROGRESS REPORT – 1ST QUARTER 2022-23
    That Council note the report by the Chief Executive Officer to the General Committee Meeting
    dated 14 November 2022 regarding the 2022-23 Operational Plan and:
    A.   Note the progress report for the 2022-2023 Operational Plan for the 1st quarter of the
         2022 Financial to 30 September 2022 provided as Attachment 1; and
    B.   Note the status of Council’s Key Performance Indicators provided as Attachment 2.




Committee Recommendation
That the report of the General Committee dated 14 November 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.




                                                                                 Page 18 of 19

Section 19

ORDINARY MEETING AGENDA                                                        17 NOVEMBER 2022


9.    ORDINARY MEETING REPORTS

      Nil




10.   CLOSED SESSION

      Nil.




11.   PUBLIC QUESTION TIME

      1      BRIAN O’CONNOR

      Q1. The Noosa Cultural Plan 2019-23 states that Noosa Council will review and improve its
          approach to place-making, while the Noosa Council Operational Plan for 2021-22 says
          the council will continue the rollout of the place-making project, thus indicating that work
          is well under way. Given these self-imposed objectives and timelines, with completion
          scheduled for next year, can the council confirm that the place-making project has begun
          and is on target to meet the deadline and can the council outline what progress has been
          made; and when will the result of deliberations be made public?
      Q2. On 22 March 2023, the Mayor, Cr Stewart, announced that Noosa Council had received
          $3.58 million under the $1.8 billion City Deal involving three levels of government and
          that Noosa's initial share would kick-start liveability projects across the shire. The deal
          contains a further $400 million available to 11 councils under a contestable bid process.
          Have any liveability projects kicked-off and, if so, what are they and can the council give
          an assurance that serious planning is under way to position our council favourably to win
          a further significant chunk of the City Deal money still to be committed? What might those
          additional projects be?




12.   NEXT MEETING

      The next Ordinary Meeting will be held on 15 December 2022 at the Council Chambers,
      9 Pelican Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE




                                                                                       Page 19 of 19

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