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2016-04-26 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                26 APRIL 2016



GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
26 APRIL 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington


APPOINTMENT OF CHAIRPERSON
Moved:           Cr Jurisevic
Seconded:        Cr Pardon

That the General Committee appoint Cr Wilkie as its Chairperson.
                                                                                                Carried.



1    FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
     BUSINESSES - TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP &
     RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
     EUMUNDI NOOSA RD, NOOSAVILLE (MCU15/0095 & REC15/0022)
     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
     room for the debate and decision on the matter.
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) as he had contributed to a newspaper article detailing the history of the
     application site prior to the application being considered by Council. Cr Pardon believed he could
     consider this item impartially and in the public interest and therefore remained in the meeting room
     for the debate and decision on this matter.
     Committee Recommendation
     Moved:             Cr Wellington
     Seconded:          Cr Pardon
     That Council note the reports by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26
     April 2016 for a development application for a Material Change of Use of Premises - Retail
     Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots
     & Access Easement, situated at 115 Eumundi Noosa Rd, Noosaville and approve the
     application in part only, in accordance with the following:
     A.     Refuse application No. MCU15/0095 for a Material Change of Use of Premises -
            Retail Business Type 2 Shop for the following reasons:
            1.   The service station poses unacceptable risks to human health, safety and
                 wellbeing at adjacent existing uses, in particular to children using directly
                 adjacent school facilities.
            2.   The development provides insufficient buffers to adjacent extremely sensitive
                 school uses.
            3.   The development conflicts with The Noosa Plan’s Noosaville Locality Code and
                 Business Uses Code as it is incompatible with, and has the potential to
                 adversely impact on, the adjacent school users.

                                                                                            Page 1 of 3
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                       26 APRIL 2016


         4.   The service station is unable to contain emissions within the site, as sought by
              The Noosa Plan for sites adjoining community uses.
         5.   A precautionary approach should be applied pursuant to the Sustainable
              Planning Act 2009, given the development’s significant health and safety risks
              for adjoin the adjoining sensitive uses.
    B.   Approve application No. REC15/0022 for Reconfiguring a Lot (1 Lot into 2 Lots &
         Access Easement), subject to 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 submission of the subdivision plan to Council
              for compliance assessment.
         Approved Lot Reconfiguration Plan
         2.   The lot reconfiguration shall be carried out generally in accordance with
              approved plan No. 3049PROP titled Proposed Subdivision Lots 1 & 2 and Emt
              E in Lot 1 Cancelling Lot 30 on SP170751 123 Eumundi Road Noosaville by
              John Dawson Surveys Pty Ltd and dated 18/9/2015, subject to the following
              amendment:
              a.   2.0m x 2.0m truncation for the proposed dividing boundaries near the
                   southeast corner of the proposed access handle.
         3.   All lot numbering on the subdivision plan to be submitted to Council for
              compliance assessment must remain as shown on the Approved Plans.
         4.   The development must be undertaken and operated in a manner that causes
              no detrimental effect upon the amenity of the neighbourhood by reason of the
              creation of excessive noise, lighting nuisance or other emissions.
         Easements
         5.   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.
         6.   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.
         7.   All works must be kept clear of any existing or proposed easements on the
              subject land, unless agreed otherwise in writing by the Grantee.
         Vehicle Access
         8.   All vehicle access to proposed Lots 1 and 2 must be via the proposed access
              easement and a single shared access driveway in Eumundi Noosa Road. The
              driveway must be located generally in the same location as the existing
              driveway.
         Stormwater
         9.   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 must include:

                                                                                   Page 2 of 3

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   26 APRIL 2016


                9.1. Stormwater system designed and constructed in accordance with
                     Council’s Planning Scheme Policy 5 – Engineering Design Standards –
                     Roads, Drainage and Earthworks
                9.2. No adverse impact on other properties and the road’s footpath and
                     grassed verge (eg by diverting flows and/or blocking flows and causing
                     additional ponding)
                9.3. Where applicable, extension of the site stormwater system to
                     accommodate stormwater from external site, including registration of
                     drainage easements
                9.4. The use of gravity stormwater drainage only and not surcharge pits or
                     pumps.
          10.   Stormwater runoff from the development must be disposed of without causing
                scour or damage to the subject site or any adjoining property.
          Water & Sewer Connections
          11.   An underground connection to reticulated water and sewerage must be
                provided to each lot in accordance with the standards and requirements of
                Northern SEQ Distributor–Retailer Authority (Unitywater).
          12.   A Certificate of Completion from the Northern SEQ Distributor–Retailer
                Authority (Unitywater) must be submitted to Council that certifies an
                underground connection to reticulated water and sewerage has been provided
                to each lot.
                                                                                  Carried.
    Cr Pardon voted in favour of the motion.

    Cr Jackson re-joined the meeting.




2   OPERATIONAL PLAN PROGRESS REPORT -3RD QUARTER 2015-16
    Committee Recommendation
    Moved:            Cr Pardon
    Seconded:         Cr Stockwell
    That Council note the report by the Chief Executive Officer to the General Committee
    Meeting dated 26 April 2016 providing an update on progress with the implementation of
    the Operational Plan to 31 March 2016 and details of Council’s Key Performance
    Indicators.
                                                                                   Carried.




                                                                               Page 3 of 3

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