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2017-02-16 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting

         Thursday, 16 February 2017

                                 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                                              16 FEBRUARY 2017




1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor T Wellington, Mayor
    Councillor J Glasgow
    Councillor I Jackson
    Councillor J Jurisevic
    Councillor F Pardon
    Councillor B Stockwell
    Councillor F Wilkie

    EXECUTIVE
    A Rogers, Director Community Services
    M Shave, Director Corporate Services
    A Hull, Acting Director Planning and Infrastructure
    D Iezzi, Executive Manager

    APOLOGIES
    Nil.

    The meeting commenced at 6.00pm.




2   CONFIRMATION OF MINUTES
    Council Resolution
    Moved:         Cr Glasgow
    Seconded:      Cr Pardon
    The Minutes of the Ordinary Meeting held on 19 January 2017 be received and confirmed
                                                                                  Carried.


3   MAYORAL MINUTES

    Nil.




4   PETITIONS

    Nil.


5   NOTIFIED MOTIONS

    Nil.




                                                                             Page 2 of 22

Section 3

ORDINARY MEETING MINUTES                                                   16 FEBRUARY 2017


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


PLANNING AND ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 FEBRUARY 2016 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and Tony
Wellington
Other Councillors in attendance: Cr Frank Wilkie


The following Recommendations from the Planning and Environment Committee
were adopted without discussion or further amendment.

Council Resolution
Moved:         Cr Jackson
Seconded:      Cr Jurisevic
The Planning & Environment Committee recommendations dated 7 February 2017 be adopted
except where dealt with or held over by separate resolution.
                                                                              Carried.



1    132004.240018.C REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR
     GREENWOOD GROVE AT STRAKER DRIVE (PREVIOUSLY 47 PINE STREET, 99
     GARNET STREET AND 34 ASHGROVE DRIVE) COOROY
     Item not dealt with by Planning & Environment Committee.              Referred to General
     Committee for consideration.
     Reason for referral – Councillors requested staff to seek legal advice regarding the
     deletion of Condition 123 referring to the water tank requirements.



2    MCU16/0133 & OPW16/0247 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE
     OF USE FOR A BREWERY, TASTING AREA & ANCILLARY DWELLING UNIT &
     OPERATIONAL WORKS FOR CIVIL WORKS, LANDSCAPING AND SIGNAGE AT 19
     VENTURE DRIVE, NOOSAVILLE
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 7 February 2017 regarding Application No. MCU16/0133 &
     OPW16/0247 for a Development Permit for Material Change of Use for Industrial Business
     Type 2 and, Entertainment and Dining Business Type 1 – Food & Beverage and Ancillary
     Dwelling Unit and Development Permit for Operational Works for civil works, landscaping
     and signage situated at 19 Venture Drive, Noosaville and:
     A.     Approve the application in accordance with the conditions contained within the
            Planning and Environment Committee Agenda dated 7 February 2017;
     B.     The food and beverage use is ancillary and complementary to the primary industrial
            use on-site and will not cause any reverse amenity issues and therefore is sufficient
            grounds to justify the decision despite the conflict with the Planning Scheme.




                                                                                  Page 3 of 22

Section 4

ORDINARY MEETING MINUTES                                                 16 FEBRUARY 2017


3   FURTHER REPORT MCU16/0079 DEVELOPMENT APPLICATION FOR MATERIAL
    CHANGE OF USE FOR EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5
    MEMORIAL AVENUE, TEWANTIN
    Item not dealt with by Planning & Environment Committee.            Referred to General
    Committee for consideration.
    Reason for referral – Cr Stockwell disagrees with the recommendation and staff
    received further amended plans and perspectives submitted by the applicant and
    requested to assess this in a further report to the General Committee Meeting.




4   PLANNING AND ENVIRONMENT COURT APPEAL 3 OF 2017 ISSUE OF
    INFRASTRUCTURE CHARGES NOTICE ON DEVELOPMENT PERMIT FOR A
    MATERIAL CHANGE OF USE CULTIVATION TYPE 2 INTENSIVE (GREENHOUSE) AT
    305 LAKE MACDONALD DRIVE, LAKE MACDONALD
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 7 February 2017 regarding Planning and
    Environment Court Appeal 3 of 2017 and agree to defend the appeal.



5   LOCAL GOVERNMENT INFRASTRUCTURE PLAN (PUBLIC PARKS & LAND FOR
    COMMUNITY FACILITIES NETWORK DSS)
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards
    of Service (DSS) for the Public Parks and Land for Community Facilities network provided in
    Attachment 2 for proceeding with the new Local Government Infrastructure Plan (LGIP)
    under The Noosa Plan 2006.



6   LOCAL GOVERNMENT INFRASTRUCTURE PLAN (TRANSPORT - DSS)
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 7 February 2017 and approve the Desired Standards
    of Service (DSS) for the Transport network provided in Attachment 1 for proceeding with the
    new Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.



7   SHAPINGSEQ REGIONAL PLAN
    Item not dealt with by Planning & Environment Committee.             Referred to General
    Committee for consideration.
    Reason for referral – to allow further discussion regarding proposed changes to
    Council’s submission.




                                                                                Page 4 of 22

Section 5

ORDINARY MEETING MINUTES                                                16 FEBRUARY 2017


8   COMMUNITY FEEDBACK ON THE NEW NOOSA PLAN DISCUSSION PAPER
    That Council note the report by the Planning Scheme Project Manager to the Planning &
    Environment Committee Meeting dated 7 February 2017 and:
    A.   Note that substantial community feedback was received in response to the consultation
         of the Discussion Paper about the new Noosa Plan;
    B.   Approve the carefully considered use of the community feedback relevant to the
         Planning Scheme in response to the Discussion Paper to inform the development of
         the new Noosa Plan as summarised in Attachment 1 to the Report;
    C.   Thank submitters for their input and advise them of the messages Council is taking
         forward; and
    D.   Note that the next stage in preparing the new Planning Scheme will be steered by the
         New Noosa Plan Project Control Group which includes Crs Wellington, Jackson and
         Wilkie as members.



9   LAND FOR WILDLIFE MEMORANDUM OF UNDERSTANDING
    That Council note the report by the Community Partnerships Officer to the Planning and
    Environment Committee Meeting dated 7 February 2017 and delegate authority to the CEO
    to enter into a Memorandum of Understanding for the Land for Wildlife Program with Healthy
    Waterways and Catchments as per Attachment 1 to the report.




                                                                               Page 5 of 22

Section 6

ORDINARY MEETING MINUTES                                                        16 FEBRUARY 2017


SERVICES AND ORGANISATION COMMITTEE RECOMMENDATIONS
7 FEBRUARY 2017 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington
& Frank Wilkie
Other Councillors in Attendance: Crs. Jackson, Jurisevic and Stockwell




6    AMENDMENT OF LEASE BETWEEN THE J AND THE UNIVERSITY OF THE SUNSHINE
     COAST (USC)
     Cr Stockwell declared a conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to his casual employment at the University of the Sunshine Coast. Cr
     Stockwell left the room for the debate and decision on this matter.


     Council Resolution

     Moved:               Cr Pardon
     Seconded             Cr Jurisevic
     That Council note the report by The J Coordinator to the Services & Organisation Committee
     Meeting dated 7 February 2017 and approve an amendment of the lease between Council
     and the University of the Sunshine Coast (USC) for the use of lease area B at The J to allow
     for an extension of a further 5 years with a single option of another 5 years thereafter.
                                                                                              Carried.
     Cr Stockwell returned to the meeting.




13   NOOSA AQUATIC CENTRE (NAC) - UPDATE REPORT TO 31 DECEMBER 2016
     Council Resolution

     Moved:               Cr Pardon
     Seconded:            Cr Wilkie
     That Council note the report by the Noosa Aquatic Centre Coordinator to the Services &
     Organisation Committee meeting dated 7 February 2017, providing a half-yearly update on
     the activities of the Noosa Aquatic Centre to 31 December 2016.
                                                                                    Carried.




15   NOOSA LEISURE CENTRE (NLC) - UPDATE REPORT TO 31 DECEMBER 2016
     Council Resolution

     Moved:               Cr Jurisevic
     Seconded:            Cr Jackson
     That Council note the report by the Noosa Leisure Centre Coordinator to the Services &
     Organisation Committee meeting dated 7 February 2017 providing a half-yearly update on
     the activities of the Noosa Leisure Centre to 31 December 2016.
                                                                                   Carried.




                                                                                        Page 6 of 22

Section 7

ORDINARY MEETING MINUTES                                                       16 FEBRUARY 2017


The following Recommendations from the Services and Organisation Committee
were adopted without discussion or further amendment.

Council Resolution
Moved:           Cr Wilkie
Seconded:        Cr Glasgow
The Services & Organisation Committee recommendations dated 7 February 2017 be adopted
except where dealt with or held over by separate resolution.
                                                                               Carried.


1    COMMERCIAL HIGH USE PERMITS - PROCESS UPDATE AND REVISED FEES
     That Council note the report by the Property Advisor to the Services & Organisation
     Committee Meeting dated 7 February 2017 and adopt the updated Commercial High Use
     Permit fees effective 1 July 2017, as detailed in the report with an amendment to the
     proposed fee for the Beach Hire – Rock Wall activity to retain the current fee level of
     $1,561.10.


2    NOOSA RIVER HOLIDAY PARK - PROPOSED MANAGEMENT AGREEMENT
     EXTENSION
     That Council note the report by the Property Officer to the Services & Organisation
     Committee Meeting dated 7 February 2017 and authorise the CEO to enter into an extension
     to the current interim management agreement for the Noosa River Holiday Park with Anvera
     Pty Ltd trading as Dineen Tourism Management Park Pty Ltd for a period of 3 months
     commencing 1 March 2017.


3    LIFEGUARD SERVICES AGREEMENT OPTION
     That Council note the report by the Property Manager to the Services & Organisation
     Committee Meeting dated 7 February 2017 and authorise the CEO to extend the current
     agreement for the provision of lifeguard services to Surf Lifesaving Queensland Inc for a
     further five (5) year period commencing 29 October 2017.


4    SOLE AND SPECIALISED SUPPLIER LISTINGS
     Item not dealt with by Services & Organisation Committee.                Referred to General
     Committee for consideration.
     Reason for referral – Cr Jackson requests that additional wording be added to the
     recommendation to clarify the purpose and use of the lists


5    GIFTS AND BENEFITS POLICY
     That Council note the report by the Governance Advisor to the Services & Organisation
     Committee Meeting dated 7 February 2017 and adopt the Gifts and Benefits Policy provided
     at Attachment 1 to the report subject to amendments to page 32, paragraph 5 to read as
     follows:
     The requirements of this policy are in addition to the legislative obligations of Councillors and
     Senior Executives with respect to individual register of interests as prescribed in Part 5 of
     Chapter 8 of the Local Government Regulation 2012 and the legislative obligations of
     Councillors prescribed by the Local Government Electoral Act 2011.

                                                                                      Page 7 of 22

Section 8

ORDINARY MEETING MINUTES                                                   16 FEBRUARY 2017


7    2016/17 CHRISTMAS FREE HOLIDAY BUSES SUMMARY
     That Council note the report by the Project Officer to the Services & Organisation Committee
     Meeting dated 7 February 2017 and authorise the CEO to discuss with TransLink solutions
     for the inclusion of Noosa only journeys on Routes 620, 630 & 631 in future Free Holiday
     Bus services.


8    OPERATIONAL PLAN PROGRESS REPORT - 2ND QUARTER 2016-17
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 7 February 2017 providing an update on progress with the
     implementation of the Operational Plan to 31 December 2016 and details of Council’s Key
     Performance Indicators.


9    CORPORATE SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2016-17
     That Council note the report by the Director Corporate Services to the Services &
     Organisation Committee Meeting dated 7 February 2017 providing an update on operations
     of the Corporate Services Department for the period 1 October to 31 December 2016.

10   NOOSA HOLIDAY PARK AND CAMPGROUNDS - UPDATE REPORT TO 31 DECEMBER
     2016
     That Council note the report by the Property Officer to the Services & Organisation
     Committee Meeting dated 7 February 2017 providing an update on operations of the Noosa
     Holiday Park and Campgrounds for the period 1 July 2016 to 31 December 2016.

11   EXECUTIVE OFFICE UPDATE - 2ND QUARTER 2016-17
     That Council note the report by the Executive Manager to the Services & Organisation
     Committee Meeting dated 7 February 2017 providing an update on operations of the
     Executive Office for the period 1 October to 31 December 2016.


12   COMMUNITY SERVICES DEPARTMENT UPDATE - 2ND QUARTER 2016-17
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee Meeting dated 7 February 2017 providing an update on operations
     of the Community Services Department for the period 1 October to 31 December 2016.


14   NOOSA COMMUNITY SUPPORT (NCS) - UPDATE REPORT TO 31 DECEMBER 2016
     That Council note the report by the Noosa Community Support (NCS) Coordinator to the
     Services & Organisation Committee meeting dated 7 February 2017, providing a half-yearly
     update on the activities of Noosa Community Support to 31 December 2016.


16   THE J AND BICENTENNIAL COMMUNITY CENTRE (BCC) - UPDATE REPORT TO 31
     DECEMBER 2016
     That Council note the report by The J & BCC Coordinator to the Services & Organisation
     Committee meeting dated 7 February 2017, providing a half-yearly update on the activities
     of The J and BCC to 31 December 2016.




                                                                                  Page 8 of 22

Section 9

ORDINARY MEETING MINUTES                                                     16 FEBRUARY 2017


17   PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE - 2ND QUARTER 2016-17
     That Council note the report by the Acting Director Planning and Infrastructure to the Services
     & Organisation Committee Meeting dated 7 February 2017 providing an update on
     operations of the Planning & Infrastructure Department for the period 1 October to 31
     December 2016.


18   NOOSA TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE - DECEMBER
     2016
     That Council note the report by the Senior Officer, Transport and Traffic to the Services &
     Organisation Committee Meeting dated 7 February 2017 detailing the key outcomes of the
     Noosa Traffic Advisory and Speed Management Committee meeting held on 15 December
     2016.


19   ELECTRIC BUS TRIAL
     That Council note the report by the Project Officer and Project Manager to the Services &
     Organisation Committee Meeting dated 7 February 2017 and delegate approval to the CEO
     to vary the electric bus trial commencement date by up to a maximum of six months.




                                                                                     Page 9 of 22

Section 10

ORDINARY MEETING MINUTES                                                 16 FEBRUARY 2017


AUDIT & RISK COMMITTEE RECOMMENDATIONS

10 FEBRUARY 2017 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers
External attendees:   Denis Byram (Queensland Audit Office – via teleconference)


The following Recommendations from the Audit and Risk Committee were adopted
without discussion or further amendment.

Council Resolution
Moved:        Cr Jackson
Seconded:     Cr Jurisevic
The Audit & Risk Committee recommendations dated 10 February 2017 be adopted except where
dealt with or held over by separate resolution.
                                                                                 Carried.



1    QUEENSLAND AUDIT OFFICE CLOSING REPORT
     That Council note the briefing note provided by the Queensland Audit Office (QAO) to the
     Audit & Risk Committee meeting dated 10 February 2017.



2    INTERNAL AUDIT AND ACTION ITEMS UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 10 February 2017 and:
     A.   Adopt the updated Internal Audit Plan for 2016/17 provided at Attachment 1 to the
          report.
     B.     Note the draft Investment Policy Compliance Internal Audit Scope provided at
            Attachment 2 to the report.
     C.     Note the organisation’s progress on the implementation of recommendations as
            outlined in the Register of Action Items of External & Internal Audit provided at
            Attachment 3 to the report.


3    RISK MANAGEMENT AND GOVERNANCE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 10 February 2017 providing an update on Risk Management and Governance
     matters.


4    TECHNOLOGYONE USER ACCESS MANAGEMENT AND PROFILE REVIEW
     That Council note the report by the ICT Systems Analyst to the Audit & Risk Committee
     Meeting dated 10 February 2017 providing an update on progress to improve
     TechnologyOne user access identified internal control issues.




                                                                               Page 10 of 22

Section 11

ORDINARY MEETING MINUTES                                                   16 FEBRUARY 2017


GENERAL COMMITTEE RECOMMENDATIONS

13 FEBRUARY 2017 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell and Tony Wellington.


1   132004.240018.C REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR
    GREENWOOD GROVE AT STRAKER DRIVE (PREVIOUSLY 47 PINE STREET, 99
    GARNET STREET and 34 ASHGROVE DRIVE) COOROY
    Council Resolution
    Moved:           Cr Stockwell
    Seconded:        Cr Wilkie
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 7 February regarding Application No. 132004.240018.C for a
    change to Development Permit for Material Change of Use of Premises – 174 Dwelling
    Houses and Development Permit for Reconfiguring a Lot - 3 Lots into 174 Lots (& Park Lots)
    situated at Straker Drive (previously 47 Pine Street, 99 Garnet Street and 34 Ashgrove Drive)
    Cooroy and:
    A.   Approve a change to conditions 50, 65.1.6, and 65.1.7 to read as follows:
         50.      Except as may be modified by conditions of this permit the lot reconfiguration
                  shall generally be in accordance with proposal; plans 97/619P2, dated
                  11/04/06 by Max Watterson & Associates and the Staging Plan (similarly
                  referenced as 97/619P2, dated 11/04/06) which stages the development as
                  follows:
                  Stage 1     Lots 1 to 8, Lots 156 to 174, Central North Park Reserve
                              (comprising an area of approximately 1.00ha and backing onto
                              Lots 155 and 157-160), new road reserve, and balance lot.
                  Stage 2     Lots 9 to 22, Central Park Reserve (comprising an area of
                              approximately 6,357m2 and backing onto Lots 17-23 and 38 &
                              39), new road reserve, and balance lot.
                  Stage 3     Lots 23 to 27, Lots 136 to 154, new road reserve, balance lot, and
                              if not already dedicated, the Central North Park Reserve
                              (comprising an area of 1.00ha and backing onto Lots 149-154).
                  Stage 4     Lots 28 to 30, Lots 116 to 135, Eastern Park Reserve (comprising
                              an area of approximately 7.297ha and encompassing Cooroy
                              Creek), new road reserve, and balance lot.
                  Stage 5     Lots 31 to 38, Lots 102 to 115, Central South Park Reserve
                              (located between Lot 101 & 102 and extending to the Bruce
                              Highway Boundary), Buffer Strip (backing onto Lots 102-111 and
                              extending to the Bruce Highway), new road reserve, balance lot,
                              and if not already dedicated, the Eastern Park Reserve
                              (comprising an area of approximately 7.297ha and encompassing
                              Cooroy Creek).
                  Stage 6     Lots 39 to 44, Lots 80 to 101, Buffer Strip (backing onto Lots 90-
                              101 and extending to the Bruce Highway), new road reserve,
                              balance lot, and if not already dedicated, the Central Park Reserve
                              (comprising an area of approximately 6,357m2 and backing onto
                              Lots 17-23 and 38 & 39) and the Central South Park Reserve
                              (located between Lot 101 & 102 and extending to the Bruce
                              Highway Boundary).


                                                                                 Page 11 of 22

Section 12

ORDINARY MEETING MINUTES                                                             16 FEBRUARY 2017


                    Stage 7       Lots 45 to 62, Lots 77 to 79, new road reserve, and balance lot.
                    Stage 8A Lots 63 to 68, Lots 72 -76, new road reserve, and balance lot (if
                             applicable)
                    Stage 8B Lots 69 – 71, new road reserve, and balance lot (if applicable)
          65.1.6    Pine Street, between the new internal loop road (near lot 74) and the western
                    end of Lot 69, must be upgraded to an 8.0 metre pavement width and include
                    the provision of 3.0 metre wide traffic lanes, and a 2.0 metre wide marked
                    parking lane on its southern side. There must be kerb and channel and a 2.0
                    metre wide footpath on the southern side of Pine Street. Kerb and channel is
                    not required to the northern side of Pine Street. These works must be
                    completed prior to Plan Sealing of Stage 8A.
          65.1.7    The following works are to be implemented to the Pine Street – Bagnalls Road
                    route, between the western end of Lot 69 and the northern side of the Bagnalls
                    Road Bridge (which crosses the Bruce Highway), prior to Plan Sealing of
                    Stage 8A. The Pine Street/Bagnalls Road bend must be upgraded to include
                    curve widening to facilitate safe passing of heavy rigid vehicles in opposite
                    directions. Curve widening is to be affected on the outside of the bend with an
                    appropriately remarked centre line. Appropriate measures must be
                    implemented at the bend, to mitigate its existing substandard design speed,
                    in accordance with the requirements of the Manual of Uniform Traffic Control
                    Devices.
    B.    Refuse to change conditions 65.1.4 and 65.1.5 for the following reasons:
          1.     There is sufficient area within the road reserve for the works.
          2.     The works will provide for pavement upgrade that facilitates safe vehicle
                 movement and lot frontages consistent with the planning scheme requirements
                 for residential lots.
    C.    Delete Conditions 75.2 and 123.
    D.    Include an Advisory Note strongly encouraging the inclusion of water tanks as
          previously required under Condition 123.
                                                                                                    Carried.


5   FURTHER REPORT MCU16/0079 DEVELOPMENT APPLICATION FOR MATERIAL
    CHANGE OF USE FOR EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5
    MEMORIAL AVENUE, TEWANTIN
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) as the RSL Club is a sponsor of a club of which Cr Stockwell is an
    Executive Member. Cr Stockwell 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.
    Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his general membership of the RSL Club. Cr Wellington 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.
    Cr Wilkie declared a perceived conflict of interest (as defined in section 173 of the Local Government
    Act 2009) to his past general membership of the RSL Club and was unsure whether he still held a
    current general membership. Cr Wilkie 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.
    Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
    Government Act 2009) due to his life membership of the Noosa Tewantin RSL Sub Branch. Cr Pardon
    left the room for the debate and decision on this matter.


                                                                                            Page 12 of 22

Section 13

ORDINARY MEETING MINUTES                                                      16 FEBRUARY 2017


    Council Resolution
    Moved:              Cr Glasgow
    Seconded:           Cr Wilkie
    That Council note the report by the Manager Planning & Environment to the General
    Committee Meeting dated 16 January 2016, the Further Report to the Planning and
    Environment Committee Meeting dated 7 February 2017 and the additional Further Report
    to the General Committee dated 13 February 2017 regarding Application No. MCU16/0079
    for a Development Permit for Material Change of Use of Premises for extensions to Noosa
    Tewantin RSL Club situated at 5 Memorial Avenue, Tewantin and 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
         1620/DA/1.02       C       Existing/Demolition Ground Floor Plan         25/01/17
         1620/DA/2.01       J       Proposed Basement Plan – Stage 4              30/01/17
         1620/DA/2.02       G       Proposed Ground Floor Plan – Stage 4          30/01/17
         1620/DA/2.05       G       Proposed Roof Plan – Stage 4                  30/01/17
         1620/DA/3.01       E       Sections – Stage 4                            30/01/17
         1620/DA/4.01       H       Elevations – Stage 4                          30/01/17
         1620/DA/5.01       E       Landscape Concept Strategy – Plan             30/01/17
         1620/DA/5.02       C       Landscape Concept Strategy                    30/01/17
    Nature and Extent of Approved Use
    3.      The proposed development provides for an extension to the Gaming Area (providing
            for a maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge,
            basement carpark area and other internal modifications as shown on the approved
            plans.
    4.      The proposed Children’s Lounge is to remain an enclosed structure and is not to be
            used as an open balcony or break out area in association with the Function Room.
    5.      The proposed development shall be setback at least 2m from the Pelican Street
            frontage and 4m from Doonella Street, with the exception of Stair 3, which is to be
            setback not less than 0.85m. The basement carpark area is to remain predominantly
            an open structure, where above ground level, with all openings fitted with open timber
            battens as shown on the approved plans. The building setback areas to the basement
            shall be densely landscaped to screen the basement area from both Doonella and
            Pelican Streets.
    6.      Access and egress to the existing Function Room is to be obtained via the main entry
            to the RSL building and is not via the doors providing access to the new service carpark
            area at this level. These doors are not to be used in association with an additional
            break out area by patrons using the Function Room.




                                                                                    Page 13 of 22

Section 14

ORDINARY MEETING MINUTES                                                   16 FEBRUARY 2017


    7.    All open space areas shown on the Overall Site Plan, prepared by Planit Consulting,
          dated September 2016 and Landscape Concept Strategy Plans 1620/DA/5.01 Rev E
          and 1620/DA/5.02 Rev C dated 30/01/17, are to be landscaped in accordance with the
          Statement of Landscape Intent provided. The applicant is required to provide the
          equivalent number of mature trees lost by the development of the site, in the
          landscaped open space areas. A number of larger trees are to be provided in the open
          space area to the north of the RSL development and behind the existing commercial
          buildings on the subject land. The landscaping of the open space areas is to be
          undertaken to the reasonable satisfaction of the Manager, Planning and Environment.
    8.    The length of the car park podium to the Pelican Street frontage must be broken up
          through the use of large feature trees at the Pelican Street/Doonella Street corner and
          again at the entrance to the car park from Doonella Street as shown on the Landscape
          Concept Strategy – Plan 1620/DA/5.01 Rev E dated 30/01/17.
    9.    The landscape planter boxes shown on the proposed ground floor plan Drawing No.
          1620/DA/2.02 Amendment F at the rear podium car park must provide for a minimum
          soil depth and width of 600mm and incorporate appropriate drainage and plumbed
          irrigation. The landscape planter boxes must be located immediately adjacent the
          approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01
          Rev E dated 30/01/17.
    10.   Security gates must be designed to reflect the overall architectural finishes of the
          building by using battening.
    11.   The access driveway to Doonella Street must be closed to all vehicles after 7pm at
          night, with a security gate installed for this purpose.
    12.   Replace the ‘timber look aluminium louvre screens’, ‘timber look aluminium rafters’ and
          ‘timber look aluminium batten screens’ shown on the elevation plans with timber
          screens, rafters and battens consistent with Tewantin’s heritage character.
          Landscaping Works
    13.   The development site must be landscaped. The works must be undertaken in
          accordance with an Operational Works approval and the Noosa Plan for that specific
          area and must include in particular:
          a.   Local native species suitable for the site including advanced pot sizes of 25L,
               45L and 100L.
          b.   a 2 metre wide landscaping strip along the Pelican Street frontage of the subject
               site, exclusive of the access driveway, generally uncompromised by
               infrastructure items. The landscape design must include plants which screen the
               development to a minimum height of 4m.
          c.   a 4 metre wide landscaping strip along the Doonella Street frontage of the subject
               site, exclusive of the access driveway, generally uncompromised by
               infrastructure items. The landscape design must include plants which screen the
               development to a minimum height of 4m.
          d.   Planted grasses, shrubs and trees in landscaping beds to the existing grassed
               area in the car-park area servicing the post office.
          e.   The existing trees located in the 2m Pelican Street frontage and the 4m Doonella
               Street frontage must be retained in accordance with an Arborist Report prepared
               by a qualified person* and endorsed through an Operational Works approval.
               Any trees nominated for removal must be replaced at a 2:1 ratio for each
               removed, with a minimum pot size of 100L.
          *(Refer to Advisory Note)



                                                                                 Page 14 of 22

Section 15

ORDINARY MEETING MINUTES                                                    16 FEBRUARY 2017


    14.   All landscape works must be established and maintained in accordance with the
          approved design for the life of the development, and in a manner that ensures healthy,
          sustained and vigorous plant growth. All plant material must be allowed to grow to full
          form and be refurbished when its life expectancy is reached.
          Building Height
    15.   The maximum height of the development must not exceed RL 17.880m (AHD) as
          shown on the approved plans for the development.
          Performance Bond
    16.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00
          must be submitted to Council, to secure performance of all conditions of this approval,
          prior to the issue of a Development Permit for Operational Works. The cash bond or
          trading bank guarantee will be returned on performance of the conditions of approval
          less any costs incurred by Council in respect of enforcing performance of this permit.
          Council reserves the right to call upon the bond or guaranteed sum to effect compliance
          with conditions.
          Sunset Clause for Completion of Approved Development
    17.   Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of
          this development approval lapses if the whole of the approved use has not happened
          by 19 January 2021.
          Building Appearance
    18.   All air conditioning units or other mechanical equipment must be located at ground
          level, or otherwise fully enclosed or screened such that they are not visible from the
          street frontages nor adjoining properties.
          Noise
    19.   The applicant is to implement all of the recommended acoustic treatments provided in
          the Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016,
          as they relate to Stage 4 of the development. The applicant is to provide additional
          noise attenuation for the smokers terrace area to prevent the reliance on staff having
          to manage subdued patrons using this area. Further, the applicant is to provide suitable
          sound attenuation for the bin storage area to reduce adverse noise impacts caused by
          rubbish being placed in the bins. These additional sound attenuation measures are to
          be certified by a suitably qualified and experienced noise expert.
    20.   The following specific acoustic treatments are to be applied to the building construction
          and design as outlined in the CRG Acoustics Report of 11 July 2016:
          a.    Sound lock doors must be installed at the proposed smoker’s terrace as detailed
                in the development application plans (Rubicon: Proposed Ground Floor Plans:
                Stage 4 plan and Stage 5 & 6 plan).
          b.    Driveways, ramps and car park areas must be finished with surface coatings
                which prevent tyre squeal (an uncoated surface is acceptable).
          c.    All drainage grating over trafficable areas must be secured in a way that prevents
                rattling or nuisance noise.
          d.    Car park exhaust ducting is to have acoustic insulation before and after any right
                angle bend (900) at the outlet end of the exhaust fan/s.
          e.    Car park exhaust discharge riser is to be lined with 50mm thick insulation
                (hydrophobic fibreglass batts min. 32kg/m2 ) faced with perforated metal (min.
                12% open face area)



                                                                                  Page 15 of 22

Section 16

ORDINARY MEETING MINUTES                                                      16 FEBRUARY 2017


          f.      A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic
                  seals) must be used for all new external windows and glass doors of the function
                  / dining extension, children’s lounge and the new alfresco lounge.
          g.      New external walls of areas where amplified entertainment is proposed should
                  be constructed to achieve a minimum Rw rating of 50.
          h.      Roof/ceiling of areas where amplified entertainment is proposed should be
                  constructed to achieve a minimum Rw rating of 50.
          i.      At the time of installation, new mechanical plant and equipment, a/c units, motors,
                  refrigeration equipment, compressors, pumps etc associated with Stage 4 of the
                  development, should be installed within the building or suitably provided with
                  noise reduction measures and located as to prevent a noise nuisance beyond
                  the boundary of the site and not exceed the levels specified in Table 1.
                                                 TABLE 1
                                    NOISE LIMITS AT A SENSITIVE RECEPTOR
                               Noise level at noise sensitive place measured as the adjusted
                PERIOD
                                         maximum sound pressure level (L10, adj,T)
           7am – 6pm                        Background noise level (L90,T) plus 5 dB(A)
          6pm – 10pm                          Background noise level plus 5 dB(A)
          10pm – 7am                         Background noise level plus 3 dB(A)
                                    NOISE LIMITS AT A COMMERCIAL PLACE
                                Noise level at a commercial place measured as the adjusted
                PERIOD
                                         maximum sound pressure level (L10, adj,T)
          7am – 6pm                         Background noise level (L90,T) plus 10 dB(A)
          6pm – 10pm                           Background noise level plus10 dB(A)
          10pm – 7am                            Background noise level plus 8 dB(A)

    Acoustic Report
    21.   An acoustic report prepared by a suitably qualified person* is to be submitted to Council
          confirming assessment and certification of measured noise levels from the new
          mechanical plant and equipment, a/c units, motors, refrigeration equipment,
          compressors, pumps etc comply with the noise limits as set out in Table 1 and all other
          relevant noise conditions of this Decision Notice associated with Stage 4 of the
          development.
    22.   The report is to be submitted after commissioning any new equipment (with all plant
          and equipment operating at the same time) and when all building extensions are
          complete.
    23.   Measurement of sound pressure levels (adjusted for tonality and impulse) must be in
          accordance with Australian Standard AS1055.1 “Acoustics – Description and
          measurement of environmental noise – General procedures”.
          Suitably Qualified Person* - Certification
          For the purpose of measuring and certifying compliance with relevant noise conditions
          of this Decision Notice, a suitably qualified person is either:
          i.      a Registered Professional Engineer of Queensland, or
          ii.     an environmental consultant with a minimum of three (3) years current
                  experience in the field of acoustics.




                                                                                    Page 16 of 22

Section 17

ORDINARY MEETING MINUTES                                                      16 FEBRUARY 2017


          Outdoor Lighting Devices
    24.   Lighting associated with the use must be designed, sited, installed and tested to comply
          with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of the obtrusive
          effects of outdoor lighting” using a control level of 1 and not cause a nuisance to the
          adjacent residential areas.
    25.   Vehicle headlight emissions from the carpark are to be adequately shielded to prevent
          spillage beyond the site into any adjacent residential buildings.
          External Works
    26.   The Doonella Street and Pelican Street frontages of the site must be upgraded for the
          full length to the subject site. The works must be undertaken in accordance with an
          Operational Works approval and must include in particular:
          a.    construction of a pedestrian footpath in accordance with the conditions of this
                Decision Notice
          b.    removal of the existing property access points and reinstatement of the kerb,
                footpath and verge area to match the balance of the site frontage, including the
                provision of topsoil and turf where the existing verge is grassed
          c.    relocation/reinstatement of existing on-street parking bays
          d.    linemarking of the relocated/new on-street parking bays
          Site Access and Driveways
    27.   A sealed access driveway must be provided from Doonella Street and Pelican Street
          to all parking and manoeuvring areas of the development. The works must be
          undertaken in accordance with an Operational Works approval and must include in
          particular:
          a.    driveway crossovers in accordance with Council’s Standard drawing RS-051
          b.    suitable safety measures, including warning signage, to improve driver
                awareness of pedestrians and enhance pedestrian safety. Warning signage must
                be provided near the exit ramp from the underground parking area to warn
                motorists of pedestrian movement along the frontage street
          c.    sight lines to pedestrians and vehicles in accordance with AS/NZS2890.1:2004.
                Certification of the design by an RPEQ must be provided as part of the
                Operational Works application
          Car Parking
    28.   A minimum of 120 car parking spaces and 4 motor cycle spaces must be provided and
          marked on the site and must be made available and accessible at all times while the
          use is open for business. The works must be undertaken in accordance with an
          Operational Works approval and must include in particular:
          a.    provision of vandal resistant public lighting with intensities to satisfy the
                requirements of Australian Standard AS1158: Public Lighting Code
          b.    Disabled parking spaces within the total
          c.    dimensions, crossfalls and gradients in accordance with Australian Standard
                AS/NZS2890.1:2004 Parking Facilities
    29.   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.
    30.   Directional signage must be provided to direct visitors and customers to the car parking
          spaces provided on site


                                                                                  Page 17 of 22

Section 18

ORDINARY MEETING MINUTES                                                    16 FEBRUARY 2017


          Paving Treatment of Vehicle Movement Areas
    31.   Alternative materials, patterns, or threshold treatments must be used to articulate the
          pavement treatment of vehicle movement areas.
          Service Vehicles
    32.   Service vehicle parking, manoeuvring and standing spaces must be provided on the
          site. The works must be undertaken in accordance with an Operational Works approval
          and be in accordance with Council’s Planning Scheme Policy 9 – Waste Management.
          The development must include in particular delivery/service/waste areas that are
          accessible by a 12.5m vehicle.
          Pedestrian and Bicycle Facilities
    33.   Pedestrian and bicycle facilities must be provided for the development. The works must
          be undertaken in accordance with an Operational Works approval and must include in
          particular:
          a.    a 1.8 metre wide footpath within the road verge for the entire length of the site’s
                frontage to Pelican Street and Doonella Street. The path must be extended to
                the existing full width path in Memorial Avenue
          b.   signage and lighting at strategic locations to direct people to building entries
          c.   a total of 13 bicycle parking spaces
          Stormwater Drainage
    34.   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 in particular:
          a.    a stormwater drainage system that collects and discharges runoff such that there
                is no net increase in stormwater runoff from the site.
          b.    the use of gravity stormwater drainage and not surcharge pits.
          Stormwater Quality Management
    35.   A stormwater quality treatment system must be provided for the development. The
          works must be undertaken in accordance with an Operational Works approval and
          achieve the pollution reduction targets of the State Planning Policy Appendix 2 Water
          Quality and be modelled in accordance with the Water by Design MUSIC modelling
          guidelines or the Water by Design deemed to comply solutions.
    36.   Stormwater quality treatment devices must be routinely checked, serviced and cleaned
          in accordance with the manufacturer’s recommendations or Water by Design
          “Maintaining Vegetated Stormwater Assets” guidelines. Records of all maintenance
          activities undertaken must be kept and made available to Council upon request. Where
          replacement cartridges or other necessary components for the system become
          unavailable, an alternative system is required to be retrofitted into the development to
          achieve an equivalent pollutant reduction outcome.
    37.   All primary stormwater quality treatment devices must be routinely checked, serviced
          and cleaned in accordance with the manufacturer’s recommendations. Records of all
          maintenance activities undertaken must be kept and made available to Council upon
          request.
    38.   The ongoing maintenance plan for the development must include the operations and
          maintenance manual for the water quality device/s and must include the full cost of
          maintaining the system. This maintenance plan must be provided as part of the
          subsequent operational works.



                                                                                   Page 18 of 22

Section 19

ORDINARY MEETING MINUTES                                                     16 FEBRUARY 2017


           Easements
    39.    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.
    40.    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.
    41.    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
    42.    All excavation/filling and associated retaining structures must be undertaken in
           accordance with an Operational Works approval, and contained entirely within the
           subject site unless written permission from the respective landowner(s) is provided to
           Council.
    43.    All retaining walls must be designed and constructed in accordance with the planning
           scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
           retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
           with a commercial grade safety fence.
           Damage to Services and Assets
    44.    Any damage caused to existing services and assets as a result of the development
           works must be repaired at no cost to the asset owner at the following times:
           a.     where the damage would cause a hazard to pedestrian or vehicle safety,
                  immediately; or
           b.     where otherwise, upon completion of the works associated with the development.
           Any repair work which proposes to alter the alignment or level of existing services and
           assets must first be referred to the relevant service authority for approval.
                                                                                          Carried.
    Crs Wilkie, Stockwell and Wellington voted for the motion.

    Cr Pardon returned to the meeting.




                                                                                   Page 19 of 22

Section 20

ORDINARY MEETING MINUTES                                                                  16 FEBRUARY 2017


The following Recommendations from the General Committee were adopted without
discussion or further amendment.

Council Resolution
Moved:         Cr Jurisevic
Seconded:      Cr Jackson
The General Committee recommendations dated 13 February 2017 be adopted except where dealt
with or held over by separate resolution.
                                                                                 Carried.




2    FURTHER REPORT MCU16/0079 DEVELOPMENT APPLICATION FOR MATERIAL
     CHANGE OF USE FOR EXTENSION TO NOOSA TEWANTIN RSL CLUB AT 5
     MEMORIAL AVENUE, TEWANTIN
     Refer to Further Report provided at Item 5.




3    SHAPINGSEQ REGIONAL PLAN
     Refer to Further Report provided at Item 6.




4    SOLE AND SPECIALISED SUPPLIER LISTING
     That Council note the report by the Procurement and Contracts Advisor to the Services &
     Organisation Committee Meeting dated 7 February 2017 and:
     A.     Adopt the Sole Supplier list provided at Attachment 1 to the report for the next twelve
            (12) months subject to the deletion of item 15 (page 16)
     B.     Adopt the Specialised Supplier list provided at Attachment 2 to the report for the next
            twelve (12) months subject to the following amendments:
            1.     Item 54, page 22: Delete the legal entity name “KHA Development Managers”
                   and replace with “Project Urban Pty Ltd”;
            2.     Item 109, page 26: Replace the words “Healthy Waterways Limited” with “Healthy
                   Waterways and Catchments” in all instances;
            3.     Page 28: Add an additional item 126 as follows:
             Department       Section              Legal      Trading   Commodity/       Reason for inclusion
                                                   Entity     Name      Service
                                                   Name                 Supplied
      126    Planning and     Asset Design &       Archaeo              Culture          Specialist supplier for
             Infrastructure   Investigations       Converge             heritage and     cultural heritage and
                                                   Group                archaeological   archaeological services
                                                                        services         nominated by the Kabi
                                                                                         Kabi claimants

     C.     Request the CEO to further review the specialised supplier list over the next 12 months
            to identify whether any of the contractual arrangements with these specialised
            suppliers could be dealt with through other procurement processes such as Local Buy
            arrangements, a register of pre-qualified suppliers or preferred supplier arrangements.



                                                                                                Page 20 of 22

Section 21

ORDINARY MEETING MINUTES                                                    16 FEBRUARY 2017


6   FURTHER REPORT - SHAPINGSEQ REGIONAL PLAN
    That Council note the report by the Planning Scheme Project Manager to the Planning and
    Environment Committee dated 7 February 2017 and the Further Report to the General
    Committee dated 13 February 2017 and make the submission, provided at Attachment 1 to
    the General Committee Further Report, to the Queensland Government in response to
    ShapingSEQ, the draft new South East Queensland Regional Plan including the following
    additional changes to Attachment 1:
    A.   The inclusion of the word "which" in the sentence: "Noosa Council has adopted a Local
         Economic Plan with an aim to achieve growth in 'smart', high value industry sectors
         which are not dependent on population growth, but rather, which export services and
         products ..."
    B.   Change the sentence "Current initiatives to protect koala habitat is an example of
         important natural values being put at risk." To read: "The potential on-going loss of
         essential koala habitat is an example of important natural areas being put at risk."
    C.   Change "CSR" to "Halcyon" in the following sentence: "Council received
         correspondence from Halcyon regarding land under contract to the company at Emu
         Mountain near Peregian Beach."
    D.   Change the words "New Noosa Plan" to "new planning scheme" in the sentence: The
         new planning scheme will likely identify..."




7   DRAFT QUEENSLAND PROTECTED AREA STRATEGY
    That Council note the report by the Principal Environment Officer to the General Committee
    dated 13 February 2017 and make the submission, provided at Attachment 2 to the Report,
    to the Queensland Government in response to the Draft Queensland Protected Area Strategy
    including the following addition to the comment on Page 14:
    "However, for the headland section of Noosa Heads National Park, due to its essential
    tourism function and thus importance to the Noosa economy, we do not recommend an entry
    fee or public pass be implemented. A payment to utilise this national park would conflict with
    the Noosa approach to public access, would be difficult to manage given the many surfers
    who access the park, and may have deterrent effect on visitors to the area."




8   FINANCIAL PERFORMANCE REPORT - JANUARY 2017
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 13 February 2017 providing the January YTD monthly financial performance
    report for the 2016/17 financial year.




                                                                                 Page 21 of 22

Section 22

ORDINARY MEETING MINUTES                                                  16 FEBRUARY 2017


7    ORDINARY MEETING REPORTS


     1.     APPLICATION TO THE BUILDING BETTER REGIONS FUND FOR THE RUFOUS
            STREET MASTER PLAN DEVELOPMENT
            Council Resolution
            Moved:          Cr Wilkie
            Seconded:       Cr Stockwell
            That Council note the report by the Director Community Services to the Ordinary
            Meeting dated 16 February 2017 and
            A.   Approve the submission of a funding application to the Australian Government’s
                 Building Better Region Fund for the Rufous St Master Plan development; and
            B.   Agree, should the BBRF application be successful, to allocate funds in the
                 2018/19 budget to ensure that Council can meet its financial obligations with
                 respect to the Master Plan construction.
                                                                                      Carried.




8.   CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 16 March 2017 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 6.27pm.




                                                                               Page 22 of 22

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