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2021-03-09 Planning & Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


                 Tuesday, 9 March 2021


                                    9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                           9 MARCH 2021


1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Cr Brian Stockwell (Chair)
    Cr Karen Finzel
    Cr Tom Wegener
    Cr Clare Stewart

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



    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Dow, Acting Director Environment and Sustainable Development


    The meeting commenced at 9.32am.




2   CONFIRMATION OF MINUTES
    Committee Resolution
    Moved:           Cr Stewart
    Seconded:        Cr Wegener
    The Minutes of the Planning & Environment Committee Meeting held on 9 February 2021 be
    received and confirmed.
                                                                     Carried unanimously.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                              Page 2 of 8

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                  9 MARCH 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1   MCU20/0119 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
        ACCOMMODATION AT 1/20 NANNYGAI STREET, NOOSAVILLE
        Committee Recommendation
        Moved:           Cr Wegener
        Seconded:        Cr Stockwell
        That Planning and Environment Committee Agenda Item 1 be referred to the General
        Committee due to the significance of the issue.
                                                                 Carried unanimously.


    2   51987.44.02 – MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
        ENTERTAINMENT AND DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AND A
        RETAIL BUSINESS - TYPE 2 SHOP & SALON – 6 THOMAS STREET, NOOSAVILLE
        Committee Recommendation
        Moved:           Cr Stewart
        Seconded:        Cr Wegener
        That Planning and Environment Committee Agenda Item 2 be referred to the General
        Committee for further consideration.
                                                                 Carried unanimously.


    3   MCU20/0078 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
        FOR TOURIST PARK AT 154 HOLTS ROAD, COOROY
        Committee Recommendation
        Moved:           Cr Stewart
        Seconded:        Cr Stockwell
        That Council note the report by the Coordinator Planning to the Planning & Environment
        Committee Meeting dated 9 March 2021 regarding Application No. MCU20/0078 for a
        Development Permit for Material Change of Use - Tourist park situated at 154 Holts Rd
        Cooroy and:
        A.   Approve the application in accordance with the following conditions:
             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
                                Site Map – Plan of Cooroy No Worries RV Stop at   09.10.2020
                                Lot 2 on RP 893989
             Nature and Extent of Approved Use
             3.     No more than 20 Recreational Vehicles (RV’s, caravans, motorhomes or the

                                                                                     Page 3 of 8

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                               9 MARCH 2021


                  like) may stay at the site at any one time.
            4.    Visitor stays shall not exceed 7 consecutive nights.
            5.    Wastewater from communal ablutions, laundry, kitchen facilities, and the like,
                  must be directed to holding tanks for disposal offsite. Appropriate plumbing
                  approvals must be held for the associated wastewater system.
            6.    No on-site release of grey water is permitted.
            7.    The storage of vehicles (RV’s, caravans, motorhomes or the like) must not
                  exceed a total of three at any one time.
            Visitor Education
            8.    Visitors must be advised of the following requirements:
                  a.    No on-site release of grey water or other waste
                  b.    Location of nearest dump point and potable water supply
                  c.    All dogs must be on a leash when walked in the area and must be
                        restrained at all times during the stopover period
                  d.    Owners must pick up and collect their dogs’ faeces
                  e.    Consideration be given for residents and road users when walking in
                        the area
                  f.    Noise must be minimised after 8.30pm
            Street Identification
            9.    The street address of the development must be clearly visible from the Holts
                  Road frontage of the site by the provision of a street number.
            10.   Access to the site must be clearly signed with a sign of up to 4m2.
            Site Access and Driveways
            11.   Sealed access driveways must be provided from Holts Road to all parking
                  and manoeuvring areas of the development. The driveways must be
                  generally in accordance with Council standard drawing RS-056 and
                  maintained by the property owner
            Car Parking
            12.   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.
            13.   Directional signage must be provided to direct visitors and customers to the
                  car parking spaces provided on site.
            Stormwater Drainage
            14.   Stormwater runoff from the development must be disposed of on-site without
                  causing scour or damage to the subject site or any adjoining property.
            15.   Stormwater drainage works and water quality devices and measures must
                  be provided and maintained generally in accordance with the Stormwater
                  Quality Management Plan included in the Stormwater Drainage for No 154
                  Holts Rd Cooroy Report dated 26 September 2014, Ref No: 1432 IWMP.doc,
                  prepared by Callaghan & Toth. Particular attention must be given to the
                  construction and maintenance regime of the two proposed Sediment Basins.
            Earthworks and Retaining Walls
            16.   All earthworks and associated batters must be contained entirely within the

                                                                                   Page 4 of 8

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                               9 MARCH 2021


                   subject site unless written permission from the respective landowner(s) is
                   provided to Council. All earthworks must be undertaken in accordance with
                   the provisions of Australian Standard AS3798: Guidelines on Earthworks for
                   Commercial and Residential Developments.
             Erosion and Sediment Control
             17.   The property owner must ensure non-essential, short or long term, exposure
                   of soil is prevented by minimising the duration of soil exposure to adverse
                   weather conditions and effectively turf or stabilise any exposed area without
                   delay and prior to rainfall occurring.
             18.   The property owner must ensure sediment does not leave the site or enter
                   onto adjoining properties or the dam on the site due to surface runoff or on
                   tyres of vehicles and/or machinery.
             19.   The property owner must implement appropriate approved erosion and
                   sediment control measures throughout the life of the development.
             Damage to Services and Assets
             20.   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.
             Waste
             21.   The developer must provide adequate waste storage and disposal facilities.
             22.   Refuse bins must not be placed on the existing road formation of Holts Road.
                   A suitably sized all-weather pad shall be constructed adjacent the driveway
                   entrances to provide for waste bin collection.
             23.   Public bins must be provided throughout the site to reduce littering. Bins
                   provided must be for refuse and recycling and be decanted into the bulk bins
                   by the site operators.
        B.   Find the following matters relevant to the assessment and sufficient reason to
             approve the application:
             1.    The development will help to address a significant need for low-cost
                   accommodation for self-contained RV travellers in the Noosa area.
             2.    The development will provide economic and community benefit by facilitating
                   visitation to the Noosa hinterland.
             3.    The site’s location near the Bruce Highway is appropriate to cater for self-
                   contained RV traveller’s needs.
             4.    The development is suitably screened to surrounding properties and will not
                   result in adverse impacts on water quality entering Lake Macdonald
        C.   Advise the applicant that:
             1.    Vehicles (RV’s, caravans, motorhomes or the like) stored on the site must
                   not exceed 3 at any one time and that any excess vehicles must be removed
                   from the site within 3 months of the date of this decision.

                                                                                   Page 5 of 8

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                         9 MARCH 2021


              2.     A future application is required to obtain approval to store more than 3
                     vehicles.
        D.    Note the report is provided in accordance with Section 63(5) of the Planning Act
              2016.
                                                                        Carried unanimously.


    4   COM20/0139 - PLANNING & ENVIRONMENT COURT APPEAL NO D199 OF 2020 -
        ENFORCEMENT NOTICE ISSUED TO THE PROPERTY OWNER OF 347 EASTERN
        BRANCH RD, KIN KIN
        Committee Recommendation
        Moved:              Cr Stockwell
        Seconded:           Cr Wegener
        That Council note the report by the Manager Development Assessment to the Planning
        & Environment Committee Meeting dated 9 March 2021 and seek to resolve Planning &
        Environment Court Appeal No. D199 of 2020 with the owner, where if agreement can
        be reached on satisfactory sediment and erosion controls for the earthworks undertaken.
                                                                         Carried unanimously.


    5   NOOSA TRAIL MASTERPLAN
        Committee Recommendation
        Moved:              Cr Wegener
        Seconded:           Cr Finzel
        That Planning & Environment Committee Agenda Item 5 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.



    7   PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING – REVISED
        VERSION FOLLOWING PUBLIC CONSULTATION
        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 inform the meeting that I have a prescribed conflict of interest in this matter as I
        am the owner of Lot 45 Noosa Lakes Resort at 3 Hilton Terrace, Tewantin. I am also the Body
        Corporate Chair. The draft Local Law for Short Stay Letting identifies the resort as one of
        proposed exempt sites (as identified in Attachment 7 of the Committee Agenda). The draft Local
        Law therefore has a different impact on me to the majority of short stay accommodation owners.
        Some would say beneficially, others the reverse, I have a Prescribed Conflict of Interest. As a
        result of my conflict of interest, I will leave the meeting room while the matter is considered and
        voted on.
        Committee Resolution
        Moved:              Cr Stewart
        Seconded:           Cr Wegener
        That Cr Finzel be appointed as Acting Chairperson of the meeting for this item for the purpose of
        considering the conflict of interest declaration by Cr Stockwell.
                                                                                 Carried unanimously.




                                                                                              Page 6 of 8

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                           9 MARCH 2021


        Committee Recommendation
        Moved:             Cr Wegener
        Seconded:          Cr Stewart
        That Planning & Environment Committee Agenda Item 7 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.
        Cr Stockwell re-joined the meeting and resumed the chair.




    6   POTENTIAL AMENDMENTS TO NOOSA PLAN 2020 RELATING TO HOUSING
        CHOICE AND AFFORDABILITY
        Committee Recommendation
        Moved:             Cr Stewart
        Seconded:          Cr Stockwell
        That Planning & Environment Committee Agenda Item 6 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.



    8   DRAFT CLIMATE CHANGE RESPONSE PLAN
        Committee Recommendation
        Moved:             Cr Wegener
        Seconded:          Cr Finzel
        That Planning & Environment Committee Agenda Item 8 be referred to the General
        Committee due to the significance of the issue.
                                                                Carried unanimously.




6   REPORTS FOR NOTING BY THE COMMITTEE



    9   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
        Committee Recommendation
        Moved:            Cr Stewart
        Seconded:         Cr Stockwell
        That Council note the report by the Development Assessment Manager to the Planning
        and Environment Committee Meeting dated 9 March 2021 regarding planning
        applications that have been decided by delegated authority.
                                                                    Carried unanimously.




                                                                              Page 7 of 8

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                       9 MARCH 2021


     10     UPDATE ON NOOSA PLAN 2020 IMPLEMENTATION & MINISTER’S CONDITIONS
            Committee Recommendation
            Moved:            Cr Stockwell
            Seconded:         Cr Wegener
            That Council note the report by the Principal Strategic Planner to the Planning &
            Environment Committee Meeting dated 9 March 2021 providing a progress update on
            the implementation of Noosa Plan 2020 and progress towards meeting the Minister’s
            conditions, noting that the first paragraph of item 3.2 in the report contained an error and
            should read:
            3.2   The remaining component states that by 24 December 2021 2020, Council is to
                  complete the coastal hazards adaption plan (CHAP) and identify any necessary
                  amendments to the Noosa Plan 2020 to fully integrate the SPP state interest for
                  natural hazards, risk and resilience (Erosion prone areas).
                                                                              Carried unanimously.


     11     PEREGIAN DIGITAL HUB – HALF YEAR REPORT TO 31 DECEMBER 2020
            Committee Recommendation
            Moved:            Cr Stewart
            Seconded:         Cr Finzel
            That Council note the report by the Acting Director Environment and Sustainable
            Development to the Planning and Environment Committee meeting dated 09 March 2021
            providing a half year report on the performance and activities of The Digital Hub for the
            period 1 July 2020 to 31 December 2020.
                                                                              Carried unanimously.



     12     ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE –
            2ND QUARTER 2020-21
            Committee Recommendation
            Moved:            Cr Finzel
            Seconded:         Cr Stockwell
            That Council note the report by the Acting Director Environment and Sustainable
            Development to the Planning and Environment Committee Meeting dated 9 March 2021
            providing an update on operations of the Environment and Sustainable Development
            Department for the period 1 October 2020 to 31 December 2020.
                                                                        Carried unanimously.


7    CLOSED SESSION

     Nil.


The meeting closed at 12.24pm.




                                                                                           Page 8 of 8

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