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2019-12-16 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 16 December 2019
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
DEPUTATIONS -
ITEMS REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE -
1 NOOSA BIOSPHERE RESERVE FOUNDATION – 2018/19 ANNUAL REPORT
(Planning & Environment Committee Agenda, 10 December 2019, Item 6, Page 82)
Reason for referral – Significance of the issue
ITEMS REFERRED FROM SERVICES & ORGANISATION COMMITTEE -
2 TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT
EXTENSION
(Services & Organisation Committee Agenda, 10 December 2019, Item 7, Page 48)
Reason for referral – Significance of the issue
REPORTS DIRECT TO GENERAL COMMITTEE 3
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST 2ND
ROUND OF CONSULTATION 3
4 51987.2951.01 - PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF
2019 (M DESIGN & FOURTEEN ENTERPRISES) - MINOR CHANGE TO A
DEVELOPMENT APPROVAL FOR ADDITION OF A SWIMMING POOL AND
DECK AT 42 SEAVIEW TERRACE, SUNSHINE BEACH 27
5 NOOSA SPIT SHORELINE EROSION UPDATE - DECEMBER 2019 34
6 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2019 39
CLOSED SESSION -
Page 2 of 51
Section 3
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
REPORTS DIRECT TO GENERAL COMMITTEE
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST 2ND
ROUND OF CONSULTATION
DOCUMENT INFORM AT ION
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index ECM/ Subject/ 37.14 – Local Law No. 1 – Administration Amendment
Advertising Devices
Attachments 1. Tracked change extracts of changes post 2nd round consultation
2. Public Interest Test Report
3. Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019 (Note: Attachment has been provided
separately to this report)
4. Administration (Amendment) Local Law (No.1) 2019
5. Schedule of Anti –competitive provisions
EXECUTIVE SUMMARY
A draft local law for advertising devices was prepared to consolidate all existing advertising
device requirements currently operating under The Noosa Plan and two local laws into a single
local law.
The draft local law was originally placed on public notification for an extended 7 week period
where 302 submissions were received. Following a detailed review of the submissions, a revised
version of the draft local law was prepared and placed on a second round of public notification for
a period of 3 weeks.11 submissions were received on the revised version of the draft local law.
A final version of the draft local, with minor changes in response to submissions, is now
presented to Council for adoption.
A consolidated version of the local laws incorporating the draft local law amendments will
separately be reported to Council for adoption in January 2020.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the General Committee Meeting
dated 16 December 2019 and resolve:
A. To make the following changes in response to submissions to the Administration and Other
Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown in tracked
change extracts in Attachment 1:
i. amend the requirements for sandwich board / A-Frame signs to clarify that the
sandwich board / A-Frame must be placed on the property to which it refers, or where
this is not practically possible, immediately abutting the property on public land;
ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A –Frame
signs and instead state that clear pedestrian, wheelchair and pram access must be
maintained at all times;
iii. clarify the wording for event directional signage to say that it must only be displayed
on the days of the event and not more than 7 days prior to the event;
Page 3 of 51
Section 4
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
B. Having considered the content of a public interest test report in relation to anti-competitive
provisions contained in each of Administration (Amendment) Local Law (No. 1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019, note the content of the public interest test report in Attachment 2 and
implement the recommendations of the public interest test report;
C. To proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
2019 as altered in Attachment 3;
D. To proceed with the making of, and make, Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4;
E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019 contain anti-competitive provisions;
F. To bring forward the consolidated version of:
a. Local Law No. 1 (Administration) 2015;
b. Subordinate Local Law No. 1 (Administration) 2015; and
c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads) 2015;
for adoption and commencement in early 2020 to enable the local law amendments to
commence when the new Noosa Plan takes effect.
REPORT
The purpose of this report is to submit to Council a final version of the local law amendments for
advertising devices following a second round of public consultation as contained in Attachment 3-
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1)
2019 and Attachment 4- Administration (Amendment) Local Law (No.1) 2019 (draft local law) for
adoption.
1. Background
During the preparation of Council’s new planning scheme it was determined that advertising
devices were best regulated under a more prescriptive local law approach rather than a planning
scheme. Therefore, when the new planning scheme takes effect, advertising devices will be
regulated under a local law and not under the planning scheme.
The draft local law consolidates current advertising device provisions operating under The Noosa
Plan and two local laws into a single local law. The key current provisions remain largely
unchanged in the draft local law, with total signage allowances per tenancy up to 10sqm and up
to 4sqm for individual signs remaining unchanged, except for the Noosaville and Cooroy
Industrial zones (excluding Eumundi Noosa Road and Walter Hay Drive) where individual sign
size has increased to 6sqm.
The draft local law was first placed on public notification for an initial 5 week period from 21 June
2019. At the request of local business associations, the consultation period was extended for a
further 2 weeks and closed on 9 August 2019.
A number of issues were raised both in support and objection to the draft local law.
Overwhelmingly, submissions in objection to the draft local law related to the proposed
introduction of an approvals process and annual licence renewal fees as well as the proposed
prohibition of A-frames, tear drop flags and real estate directional signs.
A report was submitted to Council at its meeting on 17 October 2019 recommending a revised
version of the draft local law for further public consultation. Amongst other matters, Council
resolved to make the following changes to the draft local law:
Page 4 of 51
Section 5
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal
fees for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy placed on the
property to which it refers, or where this is not practically possible, immediately
adjacent to the property with criteria relating to sign placement, size, safety and
stability. If located on public land, the sign must only be located on the road reserve
and must not be located on a beach nor dunal area nor recreation parkland, unless
within a designated lands lease or permit area. A clear pedestrian walkway must be
maintained with a minimum clearance width of at least 2m at all times;
v. allow one (1) real estate directional sign per auction / open for inspection to be placed
on or out the front of the property to which it refers to, with criteria relating to size,
location and illumination restrictions;
vi. amend the definition of “tenancy” to clarify signage allowances apply to the principal
tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint
trim of a building, fuel safety signs, warnings and way finding are not included as part
of the sign face area calculation;
viii. amend the measurement of sign face area to only include the area around the
perimeter of the advertising devices, rather than drawing a square or rectangle
around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include business
signage on business vehicles or car wrapping;
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft
local law;
xii. make other minor changes for clarification purposes where necessary.
xiii. increase the maximum individual sign allowance in the Cooroy and Noosaville
industrial zone to 6sqm on a sliding scale of .75sqm per linear metre of street facing
building, (excluding Eumundi Noosa Road and Walter Hay Drive as the gateways to
Noosa) in recognition of larger buildings and industrial nature of the area…
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage…
1. Consultation process – 2nd round revised version
The revised version of the draft local law incorporating the changes outlined above was placed
on public notification for a 3 week period from 25 October until 15 November 2019. During the
consultation period, information was provided through public notices, media releases, static
displays, social media messaging, website display and direct email notification.
The following table outlines the extent of public consultation activities undertaken during the
notification period.
Page 5 of 51
Section 6
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Consultation activity Number
Public notification period 3 weeks
25 October - 15 November 2019
Formal public notices 1
Static displays 3 Locations: Tewantin Council Chambers, Noosaville Library & Cooroy
Library
Your Say Noosa Website Electronic versions of documents
Email link for submissions
Media Releases 3
Facebook messaging 2 banners across Council’s Facebook page
9 posts
37,606 people reached
5842 engagement (comments/shares/likes/click throughs)
Website 2 Council home page slider promotions
Facts sheets and Plain English Q & A fact sheet
Version Plain English version of local law.
Electronic versions and hard copies available
Voice messages on call 2 months
waiting
Direct email notification 410 direct emails to submitters, real-estate agents, development
industry, business associations and community groups
2. Engagement and submissions
During the consultation period a total of 2 phone enquiries and 11 written submissions were
received.
3. Key issues and recommendations
Of the 11 submissions received, 2 were in support of the draft local law, 2 were generally in
support but raised some additional issues, and 7 raised a number of issues for further
consideration. The key issues are summarised as:
Window signage – extent of coverage, need for privacy and protection of goods
Signage size relative to building / premises / location
Tenancies with multiple businesses and signage allowances
Sandwich board / A-Frame sign requirements
Real estate direction sign allowances
Events directional sign clarity
Applications for signage in all other cases
A response and recommendation on the key issues is outlined below. Responses are also
provided for a number of other matters raised in submissions.
Window signage– extent of coverage, need for privacy and protection of goods
One submission requested an increase to the allowable 50% window coverage for signage to
100% full coverage. Two submissions identified the need for window coverage for privacy or UV
goods protection.
Page 6 of 51
Section 7
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Response:
Currently, The Noosa Plan and the proposed new Noosa Plan requires the ground floor of a
premises to provide at least 50% transparent glazing to shop fronts to create active building
fronts, visible product merchandising and interesting vibrant streetscapes.
The draft local law is consistent with this requirement allowing for no more than 50% of the
glazed part of the building to be covered by signage. This is a long standing provision within The
Noosa Plan and is a streetscape and amenity outcome desired throughout Noosa and should be
maintained by the draft local law.
For businesses that require privacy, such as medical centres, the use of plain window frosting
where privacy is required may be considered, and not included an advertising device.
Businesses with products requiring sun protection may use window tinting over 100% of their
windows, which is not included as part of the 50% window coverage allowance.
Recommendation:
No change to the draft local law in response to this issue.
Signage size relative to building / premises and location
Four submissions requested sign sizes and total sign allowances be relative to the size and
location of the business, building or premises, using a sliding scale.
One submission also requested sign allowance per tenancy be additionally allowed for each
street frontage.
Response:
The total maximum sign face area per tenancy is based on a sliding scale which directly relates
to the size of the building. 10sqm per tenancy is the upper limit allowed per tenancy on a sliding
scale of 0.75sqm per linear metre of the building on the street front boundary of the tenancy.
The 10sqm upper limit per tenancy is considered adequate to accommodate a range of
advertising devices relative to the size of the building and should be maintained in the draft local
law.
Recommendation:
No change to the draft local law in response to these submissions
Tenancies with multiple businesses and signage allowances
Two submissions requested signage allowances apply to each individual business and function
operating within a single tenancy.
Response:
The draft local law makes it clear that regardless of the number of businesses or functions
operating from the one tenancy, the signage allowances only apply to the main or principal
tenancy. To ensure a consistent approach to the quantum of signage on a single tenancy and to
avoid excessive signage, all signage required by individual sub-let business operating from the
one tenancy must be accommodated within the single tenancy sign allowances.
Recommendation:
No change to the draft local law in response to this issue.
Sandwich board / A-Frame signage requirements
Two submitters raised concerns with A-Frame signs, one not supporting A-Frames at all, the
other supporting A –Frames but with changes. Both submitters requested clarification on the
placement of A-frames on public land and raised concerns with the 2m clear footpath
requirement which may confuse placement and impact different town centres.
Page 7 of 51
Section 8
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Response
A-Frame signs must be placed on the property to which it refers in the first place, but where this
is not practically possible, immediately adjacent to the property. In practice, the term “adjacent”
has lead to a number of interpretations.
It is intended that, where on public land, A-Frames be placed immediately abutting the tenancy.
This requires clarification in the draft local law to ensure consistency in interpretation of the
requirement.
The 2m walkway clearance requirement aims to ensure pedestrian access is maintained at all
times with at least a 2m width across the footpath. On further examination of the range of
footpath widths across the town centres, some footpaths are already below 2m in width, which
would effectively prevent the use of an A-Frame sign.
Given Council’s last resolution to allow all tenancies one A-Frame sign, this requirement would
be prohibitive for tenancies in some town centres. Therefore, until we have looked at local
circumstances through a placed based approach, this provision should be removed and replaced
with requirements for maintaining clear pedestrian, wheelchair and pram access at all time.
Recommendation:
It is recommended that requirements for sandwich board / A-Frame signs be amended to clarify
that where not practically possible to locate on private land, A-Frame signs can be located on
public land, placed immediately abutting the property.
Remove the requirement for a 2m clear pedestrian walkway and instead, state that clear
pedestrian, wheelchair and pram access must be maintained at all times.
Consider this matter further in the place making program for town centres.
Real estate direction sign allowances
One submission requested an allowance of 2 real estate directional signs particularly for unit
complexes. .
Response
It is considered that any more than one real estate directional sign at the property will lead to a
proliferation of signs at locations away from the property and will be difficult to monitor and
regulate. However, provided the directional sign is not visible from a road or public place a unit
complex may have an internal directional sign within the complex.
Recommendation
No change to the draft local law in response to this issue.
Events directional sign clarity
One submitter requested clarity for the display times for events directional signs.
Response:
Events directional signs can be displayed for no more than 7 days leading up to the event and on
the event days, but must be removed within 24 hours of the conclusion of the event. It is agreed
the wording can be further clarified to this effect.
An event permit may vary the allowance for event directional signs.
Recommendation:
Clarify the wording for events directional signage to say that it must only be displayed on the
days of the event and not more than 7 days prior to the event.
Applications for signage in all other cases
One submitter requested the ability to submit an application under the local law for a sign “in all
other situations” or “in all other cases”.
Page 8 of 51
Section 9
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Response:
The draft local law is intended to be specific and clear on the sign types that are and aren’t
acceptable in Noosa Shire. If the sign type is not defined, it is prohibited and there is no avenue
for an application to be made. Notwithstanding this, if in a future review process a new sign type
is considered appropriate for Noosa Shire, the draft local law can be amended as part of a review
process. It is not considered that this should occur via a one off and potentially isolated
application process.
Recommendation
No change to the draft local law in response to this issue.
General explanations to questions and other matters raised in submissions:
Existing lawful signage
Existing permanent signs that have an approval or comply with current self-assessable
provisions continue to be lawful under the draft local law. New requirements for temporary signs
will take effect on the day of commencement of the new local law, including new requirements for
real estate directional signs, tear drop flags and sandwich board /A-Frame signs in particular.
Number of signs
A range of sign types can be displayed on a tenancy within the total maximum sign allowance of
10sqm (on a sliding scale of 0.75sqm per linear metre of the building on the street front boundary
of the tenancy).
However, each sign type may be limited in number on the tenancy. Eg. Only one under awning
sign per tenancy and one A-Frame per tenancy is permitted. Other signs like fence signs are not
limited in number per tenancy.
Sign face area definition
The proposed sign face area definition states wall decorations, colours and finishes, wall colour,
window decals, wayfinding, fuel safety, warnings, decorative lines, architectural painting of
building eg. Stripes on boathouse, are excluded from the calculation of sign face area.
Buildings along Noosa River are determined to have a street frontage to Gympie Terrace for the
purpose of measuring sign size relative to building frontage, using the sliding scale.
Precinct approach
Council resolved at its meeting on 17 October 2019 to consider signage as part of a future place
making program to determine whether local characteristics warrant a local response to signage.
Consultation with stakeholders will occur at the time. Council proposes to initiate a pilot program
for Place making in 2020.
Illuminated signs
Any sign type that is illuminated by lighting, including light box illumination or lights directed at the
sign, is regarded as an illuminated sign and only one per tenancy is permitted. Down lights or
other building lighting is not regarded as an illuminated sign, even if the advertising sign is in part
lit up by light spray.
Neon signs
There has been an historic long standing prohibition of neon lighting in Noosa which has followed
through into the draft local law. The style and effect of neon signage is generally bright with a
coloured glare and representative of “big city” signage, and therefore not consistent with the
character and low key signage policy of Noosa.
Garage signs
The draft local law states that garage signs cannot be attached to any road infrastructure, which
would include guide posts.
Page 9 of 51
Section 10
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
4. Statutory process
The draft local law has been prepared and publicly notified in accordance with Council’s Local
Law Making Process Policy (the Policy). In particular, Step 6 of the Policy states that if changes
are proposed to the draft local law following public notification, that are considered substantial,
Council may consult with the public for a further period of 21 days.
The draft local law was renotified following substantial changes from the first version for 21 days.
Further changes proposed to the draft local law outlined in this report are not considered
substantial and therefore no further public consultation is required.
State consultation
Consultation with State government agencies was undertaken on Administration (Amendment)
Local Law (No.1) 2019 for a period of 4 weeks from 17 May until 14 June 2019. Eleven State
agencies responded raising no concerns with the draft local law.
Separate to this, following the amendments to Council’s local laws in 2018, the Department of
Transport and Main Roads gave written agreement in June 2018 confirming the advertising
devices that will be managed on state controlled roads. A further approval request will be made
to the Department with regard to the draft local law prior to Council’s adoption of the consolidated
versions of the local laws.
Public Interest Test Plan
The draft local law contains anti-competitive provisions requiring compliance with the procedures
under section 15 of the Local Government Regulation 2012 and the National Competition Policy.
A list of anti-competitive provisions has been compiled in Attachment 4. A Public Interest Test
Plan was prepared and publicly notified during both public consultation periods.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest.
The public interest test report in Attachment 2 provides the results of the public interest test.. It
summarises the assessment of costs and benefits and presents the information in a format that
allows Council to determine whether there is a net community benefit in retaining the restriction
on competition (ie. retaining the anti-competitive provisions).
Overall, the report concludes that while the provisions reviewed are anti-competitive, the benefits
to the community of retaining them outweigh the costs and provide the most appropriate way of
achieving the objectives of the local law.
5. Implementation of local law amendments
Following Council’s adoption of the amendments to the local laws, a consolidated version of the
Local Law No. 1 (Administration) 2015 and Subordinate Local Law No. 1 (Administration) 2015
and Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015 will be prepared to incorporate the amendments.
A separate report requesting Council adopt the consolidated versions will be submitted to Council
in early 2020 to coincide with the anticipated commencement of the new Noosa Plan.
Following this, a notice will be placed in the government gazette and Council’s website and the
Minister will be notified.
Previous Council Consideration
Ordinary Meeting Minutes, 17 October 2019, Item 1, Page 13
That Council note the report by the Principal Strategic Planner to the Planning and Environment
Committee dated 8 October 2019 and the further report to the Ordinary Meeting dated 17
October 2019 and resolve:
A. To make the following changes to Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019:
Page 10 of 51
Section 11
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
i. reduce the number of new signs requiring approval to now only include pole, pylon,
freestanding and all illuminated signs with a one off application fee;
ii. remove any requirement for an annual approval licence or ongoing annual renewal
fees for signage;
iii. allow window and wall signs as self-assessable against the relevant criteria;
iv. allow one (1) A-frame sandwich board as self-assessable per tenancy placed on the
property to which it refers, or where this is not practically possible, immediately
adjacent to the property with criteria relating to sign placement, size, safety and
stability. If located on public land, the sign must only be located on the road reserve
and must not be located on a beach nor dunal area nor recreation parkland, unless
within a designated lands lease or permit area. A clear pedestrian walkway must be
maintained with a minimum clearance width of at least 2m at all times;
v. allow one (1) real estate directional sign per auction / open for inspection to be placed
on or out the front of the property to which it refers to, with criteria relating to size,
location and illumination restrictions;
vi. amend the definition of “tenancy” to clarify signage allowances apply to the principal
tenancy holder and not separate sub-let businesses;
vii. amend the definition of “sign face area” to clarify that architectural features or paint
trim of a building, fuel safety signs, warnings and way finding are not included as part
of the sign face area calculation;
viii. amend the measurement of sign face area to only include the area around the
perimeter of the advertising devices, rather than drawing a square or rectangle
around it;
ix. amend the definition of “motor vehicle sign” to clarify that it does not include business
signage on business vehicles or car wrapping;
x. amend the criteria for garage sale sign to ensure it is not attached to any road
infrastructure, not just local government road infrastructure;
xi. amend reference to “nailed” to a tree or vegetation to “attached” throughout the draft
local law;
xii. make other minor changes for clarification purposes where necessary.
xiii. increase the maximum individual sign allowance in the Cooroy and Noosaville
industrial zone to 6sqm on a sliding scale of .75sqm per linear metre of street facing
building, (excluding Eumundi Noosa Road and Walter Hay Drive as the gateways to
Noosa) in recognition of larger buildings and industrial nature of the area.
B. To delegate authority to the Chief Executive Officer to make changes to Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 and
Administration (Amendment) Local Law (No.1) 2019 as a result of changes proposed in A
above and to make minor amendments prior to public notification if required;
C. To fund ongoing signage compliance through Council’s general revenue and not an annual
licence renewal fee and refer to next budget 2020/2021;
D. To maintain the prohibition of tear drop flags proposed by the draft local law;
E. To consider signage as part of a future place making program to determine whether local
characteristics warrant a local response to signage;
F. In accordance with Council’s Local Law Making Process Policy:
i. consult with the public about the proposed changes to Administration (Amendment)
Local Law (No.1) 2019 and Administration and Other Subordinate Local Law
(Amendment) Subordinate Local Law (No.1) 2019 for a period of 21 days;
Page 11 of 51
Section 12
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
ii. amend the Public Interest Test Plan to reflect the changes to the List of likely
anticompetitive provisions contained in Attachment 1;
iii. continue to consult with stakeholders on the proposed changes to the draft local law.
G. To undertake a review of how Council regulates advertising devices once the signage audit
is complete.
Ordinary Meeting Minutes, 16 May 2019, Item 1, Page 9
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 and resolve:
A. In accordance with Section 29 of the Local Government Act 2009 (“the Act”), to propose to
make:
i. Administration (Amendment) Local Law (No.1) 2019 contained in Attachment 1; and
ii. Administration and Other Subordinate Local Law (Amendment) Subordinate Local
Law (No. 1) 2019 contained in Attachment 2, subject to the following changes:
a) that Schedule 10.5 (b) be amended as follows:
(b) if the premises on which the advertising device is installed is a shopping
centre, the sign face area of all advertising devices on the shopping
centre must not exceed whichever is the lesser of –
(i) a combination of –
(A) if the building comprising the shopping centre has 1 or more
street front boundaries – 10m2 for each shopping centre
building façade with a direct street frontage; and
(B) if the building comprising the shopping centre has 1 or more
off-street parking areas – 10m2 for each shopping centre
building façade with an off-street parking area; and
(ii) a combination of –
(A) if the building comprising the shopping centre has 1 or more
street front boundaries – 0.75m2 per linear metre for each
shopping centre building façade with a direct street frontage;
and
(B) if the building comprising the shopping centre has 1 or more
off-street parking areas – 0.75m2 per linear metre of the
boundary of each shopping centre building façade which
abuts an off-street parking area: and
b) retain the maximum sign face area of 4sqm for individual advertising devices
throughout Noosa Shire, regardless of zone or location.
B. To delegate authority to the Chief Executive Officer to make the consequential and
clarification changes to Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019 prior to consultation with state government agencies
and public notification;
C. In accordance with Council’s Local Law Making Process Policy:
i. to consult with the public about the proposed local law amendments contained in
Attachment 1 and subordinate local law amendments contained in Attachment 2 as
required by the Policy; and
Page 12 of 51
Section 13
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
ii. to consult with relevant state government agencies on proposed Administration
(Amendment) Local Law (No.1) 2019 and delegate authority to the Chief Executive
Officer to make changes in response to state comments;
D. In accordance with Section 257 of the Act to delegate to the Chief Executive Officer its
powers under section 38 of the Act and section 15 of the Local Government Regulation
2012 to decide—
i. how the public interest test of the local law and subordinate local law outlined in the
schedule contained in Attachment 3 is to be conducted; and
ii. the matters with which the public interest test report in relation to the local law and
subordinate local law outlined in the schedule must deal; and
iii. the consultation process for the public interest test and how the process is to be used
in the public interest test.
Finance
Administration of the draft local law and ongoing compliance will cost approximately $109,000
per annum for a full time assessment / compliance officer and vehicle.
The application fees are cost recovery and will cover the cost for assessing applications for
approval. The compliance component of the position is proposed to be funded through general
revenue and will be referred to 2020/21 budget for consideration.
Risks & Opportunities
Because the new planning scheme does not contain provisions for advertising devices, the draft
local law must be in place at the time of its commencement to ensure adequate regulation and
management of advertising devices. It is anticipated the new planning scheme will be in place in
early 2020 at which time the local law will need to commence.
Consultation
External Consultation - Community & Stakeholder
Two rounds of community consultation has been undertaken on the first and second versions of
the draft local law, for a 7 week and 3 week period respectively.
Consultation was undertaken with Noosaville, Noosa Junction and Hastings Street business
associations through the development of the draft local law.
Internal Consultation
During the development of the draft local law, internal consultation has been undertaken within
the Environment and Sustainable Development Department, Corporate Services Department and
Executive Services Department. A number of Councillor workshops were also held.
Departments/Sections Consulted:
X Chief Executive Officer Community Services X Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 13 of 51
Section 14
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 14 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
ATTACHMENT 1
Draft Noosa Shire Council
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 8
exceeding 1.1m’, unless the sign is exhibited on an
approval required advertising device; and
(G) the election sign must be made of a material that is
designed to be easily broken, for example, a corflute sign
on a timber stake; and
(c) if the self-assessable advertising device is an event directional
sign—
(i) the number of advertising devices displayed in relation to an
event must not exceed a maximum of 6 advertising devices
unless authorised by an authorised person of the local
government; and
(11) the sign face area of each advertising device must not exceed
0.54m2 (900mm x 600mm): and
(iii) the advertising device—
(A) must not be placed on a roundabout, centre traffic
island or median strip, or any State-controlled road; and
(B) must not be attached to a tree or attached to road
infrastructure, including traffic or road advisory signs:
and
(C) must_only be displayed on the days of the event and no
not-be-displayed-_more than 7 days prior to the event: -
HAs tnd
(D) must not be erected outside a radius of 3km from the
site of the event; and
(iv) the advertising device must—
(A) be removed within 24 hours of the conclusion of the
event; and
(B) be attached to withstand consequent wind and other
loads; and
(d) ifthe self-assessable advertising device is a real estate sign—
(i) the number of advertising devices displayed on premises must
not exceed a maximum of | advertising device per premises;
and
(ii) the advertising device may only be placed on premises that are
for sale or lease except where the display of the advertising
device on the premises is not practical, in which case the
advertising device must be placed immediately adjacent to the
premises; and
(iii) the advertising device may be doubled sided, provided the
device does not create a hazard for pedestrians or motorists by
protruding from the premises; and
Page 14 of 51Section 15
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 15 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Draft Noosa Shire Council
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 11
(viii) the advertising device must be attached to withstand
consequent wind and other loads.
(h) if the self-assessable advertising device is a sandwich board /A
frame sign —
(i) amaximum of (1) advertising device per tenancy may be
displayed; and
(iii) the advertising device must be placed on the property to
which it refers, or where this is not practically possible,
immediately adjacenttetheabutting the property_on public
land; and
(iv) if located on public land, the sign must only be located within
the footpath road reserve and must not be located in a garden
bed, on a beach nor dunal area, nor recreation parkland,
unless within designated lands lease or permit areas; and
(v) aclear pedestrian, wheelchair and pram access watevay-must
be maintained atta ett eb odtatee ett itt hectat at
at all times; and
(iv) the advertising device must only be displayed when the
tenancy is open for business; and
(v) the sign face area of the advertising device must not exceed
900mm x 600mm or 0.54m? on each side of the advertising
device; and
(vi) the advertising device must be structurally sound, stable and
not pose a hazard or safety risk to the public; and
(vil) a public liability certificate to the value of $20,000,000 must
be current.
4 Permanent advertising devices
The specific criteria and conditions for the undertaking of the prescribed
activity of the installation of a permanent advertising device which is a
self-assessable advertising device are as follows—
(a) if the self-assessable advertising device is an above awning sign—
(i) | the advertising device may only be displayed at premises as an
above awning sign if no other alternative sign display option is
available at the premises; and
(ii) the advertising device must not project above the roof line of
the building to which the advertising device is attached; and
(iii) the sign face area of the advertising device must not exceed
1.5m?; and
(iv) the advertising device must not be attached within 1.5m of any
side boundary of the premises on which the advertising device
is displayed; and
(v) the number of advertising devices displayed on premises must
not exceed a maximum of | advertising device per premises;
and
(b) if the self-assessable advertising device is an awning fascia sign—
Page 15 of 51Section 16
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 16 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
ATTACHMENT 2
PUBLIC INTEREST TEST REPORT
ADMINISTRATION (AMENDMENT) LOCAL LAW (NO. 1) 2019 AND
ADMINISTRATION AND OTHER SUBORDINATE LOCAL LAW (AMENDMENT)
SUBORDINATE LOCAL LAW (NO. 1) 2019
A public interest test has been conducted as part of the National Competition Policy reforms on anti-
competitive provisions identified in the local law and subordinate local law identified in schedule 1.
The public interest test has been conducted against the principles and objectives set by the
Competition Principles Agreement which were outlined in the public interest test plan.
The public interest test report has been prepared in accordance with guidelines issued by the
Department of Local Government and called up by regulation under the Local Government Act 2009.
RESULTS OF CONSULTATION PROCESS
Consultation with the public and key stakeholders occurred over a three month period.
Advertisements were placed in the local paper during the consultation period advising of the review
and calling for submissions. Notices were posted on notice boards within the local government area
during the consultation period. Direct notification of the review was sent to key stakeholders.
Submissions received and arguments presented during the public consultation process have been
detailed in relevant reports to Council which were considered by Council during the consultation
period.
POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVES
Positive and negative impacts on stakeholders from moving to alternatives are particularised in the
schedules to this report as follows:-
Installation of Advertising Devices — See Schedule 2
SUMMARY OF NET IMPACTS ASSOCIATED WITH ALTERNATIVES
An analysis of the costs and benefits of moving to an identified alternative is detailed in the following
schedules.
Installation of Advertising Devices — See Schedule 2
PUBLIC INTEREST TEST REPORT RECOMMENDATION
For each of the local law and subordinate local law identified in schedule 1, each possible anti-
competitive provision reviewed is an anti-competitive provision and should be retained in its current
form in the public interest.
Page 16 of 51Section 17
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 17 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
SCHEDULE 1 — LOCAL LAW AND SUBORDINATE LOCAL LAW IN WHICH POSSIBLE ANTI-
COMPETITIVE PROVISIONS IDENTIFIED
Administration (Amendment) Local Law (No. 1) 2019 and Administration and Other Subordinate Local
Law (Amendment) Subordinate Local Law (No. 1) 2019
Page 17 of 51Section 18
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 18 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
SCHEDULE 2 — INSTALLATION OF ADVERTISING DEVICES
POSITIVE AND NEGATIVE IMPACTS ON STAKEHOLDERS FROM MOVING TO ALTERNATIVE
a
Conservation Interest Groups | Community/ Consumers/ Home Existing and Potential
Potential impact from non-| Potential increase of costs | Increased risk of non-compliance
negative compliance will result in a| associated with ensuring that} by business when exhibiting
decrease in quality of life from | erected signs specifically comply | advertising.
impacts visual pollution it is expected to | with local government standards. | Council has no control over the
have a moderate impact on the | This increase in costs is not | initial design and construction of
community and a moderate expected to be significant over | physical advertising. An
impact on home owners residing | the life of the business. Overall | increased level of risk will be
in business areas. (-3) the impact is expected to be | borne by Council in non-
moderate. (- 3) compliance. For advertising in
the community the magnitude of
non-compliance may be
moderate. Overall, the impact is
moderate. (-3)
Decrease in level of safety | Potential for deterioration of | Establishment costs - change in
provided to community because | relationships between business | local law so that the definition of
of a decrease in the quality | and local government. self-assessable advertising
standard of physical advertising. | | o¢a| government action against device includes all classifications
This will have a low impact on the | business for non-compliance -| and attending criteria for
community overall and = a | pysiness resisting action | approving/rejecting applications
moderate impact on home | because structure is already built. | Which currently exist, and thereby
owners near advertising and | Though this impact is only a | includes those advertisements in
members of the public working | potential impact, it is expected to | Negative licensing regime. These
near signs. (-1) increase in importance over the | COStS occur once and are not
longer term, therefore it is | Material to the overall costs of
considered to be a moderate | local government. For this
impact. (-3) reason the impact is considered
low. (-1)
Page 18 of 51Section 19
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 19 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Conservation Interest Groups | Community/ Consumers/ Home Existing and Potential
owners Business
Details of Impacts Details of Impacts Details of Impacts Details of Impacts
Increase in responsibility for | Reduction in application and
business to comply’- with] penalty fee revenue. Fees
standards. received is immaterial to the
Business will now have the | Overall revenue received by local
responsibility for complying with government. Local government
the standards set in the local law, | dees not rely on revenue
government ensured compliance | 0Perations and is considered
(for many categories of | surplus to local government
advertising device) through the | meeds. The impact will be
permit regime. The onus of | Moderate. (-3)
responsibility now resides with
business and _ is _ therefore
considered to be a moderate
impact. (-3)
Potential for misuse of
environment.
There is potential for business to
abuse accepted environmental
standards. It is expected that this
will not occur and is considered a
low impact. (- 1)
Page 19 of 51Section 20
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 20 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Reduction in paperwork and time | Reduction in processing
positive from removal of | applications requires the
application/approval process (for | restructuring of staff duties and
impacts the categories of advertising | time. The decrease in time spent
device in respect of which it is | approving applications will be
necessary to obtain an approval). | applied to the inspection of
Business will no longer have to | @dvertising. Some job redesign
waiting for permits to be | 4 Moderate impact. (-3)
approved.
The impact is considered low. (-
1)
Page 20 of 51Section 21
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 21 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
DETERMINE NET COMMUNITY BENEFIT
In summary comparison of the alternatives provides the following information:
Alternative Community/ Conservationists
Consumers
Negative Moderate Moderate Moderate No Impact
licensing Negative Impact Negative Impact Negative Impact
There are no
Current existing The increased risk | Removal of the The risk of non- changes in the
local law is a of non-compliance | restriction on compliance will level of
combination of and potential for advertising results | resultina environmental
negative licensing | damaged in a transfer of decrease in protection.
and permits. The | relationships responsibility in environmental
alternative is to between parties environmental and public
convert the permit | far outweighs any | management to health/safety
process to benefit received business and an standards. This
become part of the | from reducing increase in the outweighs any
negative licensing | application level of risk in non- | benefits to the
process. processing compliance. The stakeholders in
requirements. standard of removing
advertising will restrictions on
A financial loss remain, the only advertising.
would result. benefit being a
monetary/time
reduction in
application
process.
The regulatory alternative of full negative licensing regulation is not expected to result in an
overall benefit to the community. The current local law ensures that the community will not pay
costs associated with exhibiting advertising in certain places resulting in increased visual
pollution and decrease in public health and safety standards. Businesses are still able to
compete effectively in the market with the imposition of existing restrictions.
The level of restriction on competition under the current regulatory arrangement is low
compared with the impacts under the alternative arrangement. Full negative licensing is not
considered a viable alternative because of the increased risk associated with non-compliance.
The current local law only requires application and approval for the exhibition of advertisement
in cases where the public health and safety and visual pollution aspects are highest. In other
cases, advertisements are governed by a negative licensing regime.
Overall, while the provisions reviewed are clearly anti-competitive the benefits to the community
of retaining them outweigh the costs and provide the most appropriate way of achieving the
objectives of the local law
Page 21 of 51Section 22
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 22 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
= “ING RCOUNGIE ae ae
om : to
not ae a Pe =
ATTACHMENT 4
Noosa Shire Council
Administration (Amendment) Local
Law (No. 1) 2019
et ne La TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qlid.gov.au
Page 22 of 51Section 23
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 23 of 51
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= coSection 24
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 24 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2019 3
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2019
Part 1 Preliminary
1. Short title
This local law may be cited as Administration (Amendment) Local Law
(No. 1) 2019.
2. Purpose
The purpose of this local law is to amend Noosa Shire Council Local Law No. 1
(Administration) 2015.
Part 2 Amendment of local law
3. Local law amended
This part amends Noosa Shire Council Local Law No. 1 (Administration) 2015.
4. Amendment of s6 (Offence to undertake local law prescribed activity
without approval)
(1) Section 6, heading —
omit, insert—
‘Offence to undertake prescribed activity subject to approval requirement or
prohibition’.
(2) Section 6(2), ‘A’—
omit, insert
‘Subject to subsections (3) and (5), a’.
(3) Section 6(3), ‘However, a’—
omit, insert
‘A’.
(4) After section 6(4) —
insert
‘(5) A local government may, by subordinate local law, prohibit the undertaking
of the prescribed activity of the installation of advertising devices or a
particular activity that is within the category of the prescribed activity of the
installation of advertising devices.
(6) A person must not undertake the prescribed activity of the installation of
advertising devices in contravention of a prohibition under subsection (5).
Maximum penalty for subsection (6) —
Page 24 of 51Section 25
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 25 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Noosa Shire Council
Administration (Amendment) Local Law (No. 1) 2019 4
(a) if the contravention relates to an advertising device other than a
temporary advertising device — 50 penalty units;
(b) if the contravention relates to a temporary advertising device — 20
penalty units.
(7) In this section —
temporary advertising device has the meaning given in Subordinate Local
Law No. 1 (Administration) 2015, schedule 10.’.
5. Amendment of s38 (Subordinate local laws)
After section 38(b)—
insert—
‘(ba) a prohibition on the undertaking of the prescribed activity of the
installation of advertising devices”**; and’.
This and the preceding 3 pages bearing my initials is a certified copy of Administration
(Amendment) Local Law (No. 1) 2019 made in accordance with the provisions of the Local
Government Act 2009 by Noosa Shire Council by resolution dated the day of
2019.
Chief Executive Officer
809358 1
204 See section 6(5).
Page 25 of 51Section 26
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Page 26 of 51
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
ATTACHMENT 5
SCHEDULE OF ANTI-COMPETITIVE PROVISIONS INCLUDED IN THE LOCAL LAW
AND SUBORDINATE LOCAL LAW AND REASONS FOR THEIR INCLUSION
Name and number of local law Details of anti-competitive provisions
Administration (Amendment) Local Law Local Law, section 4(4) (Insertion of new
(No. 1) 2019 section 6(5) and (6)).
Administration and Other Subordinate Local | Subordinate local law — section 6 (Insertion
Law (Amendment) Subordinate Local Law of new sections 12(1), 12(3) and 12(5) to
(No. 1) 2019 12(11))
Subordinate local law — section 6 (Insertion
of new section 12(2)).
Subordinate local law — section 6 (Insertion
of new section 12(4)).
Subordinate local law — section 7 (Insertion
of new schedule 10).
The identified anti-competitive provisions were retained in full in the public interest, because:-
(a) the benefit of these provisions to the community as a whole outweighs the cost; and
(b) the most appropriate way of achieving the objectives of the relevant local laws is by restricting
competition in the way provided in these provisions,
having regard to the local government duty of good rule and local government of its local government
area.
Page 26 of 51Section 27
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
4 51987.2951.01 - PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M
DESIGN & FOURTEEN ENTERPRISES) - MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
TERRACE, SUNSHINE BEACH
DOCUMENT INFORM AT ION
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development Department
Index ECM/ 51987.2951.01/ Case/ 245/2019 M Design & Fourteen Enterprises Pty
Ltd
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the General
Committee meeting dated 16 December 2019 regarding Planning & Environment Court Appeal
No. 245 of 2019 and agree to settle the appeal generally in accordance with the following
conditions:
PLANNING
When Conditions must be Complied With
1. This development approval for a minor change to Town Planning Consent (TPC1918) for a
dwelling in a Sand Dune Problem Area, must be undertaken in accordance with the
conditions of approval.
2. The applicant must provide a copy of this development approval to the private building
certifier who assesses the subsequent development application for a development permit
for building works for the construction of the pool and deck area.
Approved Plans
3. Development must be undertaken strictly in accordance with the approved plans listed in
the following table unless otherwise amended by these conditions.
Drawing No. Rev. Plan Date
2.1 C Ground Floor – Demolition, prepared by M Design 18.09.18
2.2 C Ground Floor Proposed, prepared by M Design 18.09.18
5.1 C Sections, prepared by M Design 18.09.18
P1 A Cover Page, prepared by Rienmac Pty Ltd 14.09.18
Sheet 1 of 3
P2 A Pool Plan, prepared by Rienmac* 14.09.18
Sheet 2 of 3
P3 A Details, prepared by Rienmac* 14.09.18
Sheet 3 of 3
Page 27 of 51
Section 28
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
*Note: The foundations are to be modified to comply with the Core Geotechnical
Consultants report dated, September 2019 (ref J000867-003-R-Rev 0).
Approved Documents
4. Development must be undertaken strictly in accordance with the approved documents
listed in the following table unless otherwise amended by these conditions.
Document
M Design & Fourteen Enterprises Pty Ltd (Appellants v Noosa Shire Council
(Respondent), Planning and Environment Appeal No.245 of 2019, Joint Expert Report
dated 7 August 2019 including all Attachments:
Attachment 1
Working Notes: M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire
Council – 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek dated July
2019; and
Attachment 2
Geotechnical Report, proposed swimming pool 42 Seaview Terrace, Sunshine
Beach, Updated in Response to Joint Information Request by Coastal Engineering
Experts, prepared by Core Consultants Pty Ltd and dated 24 September 2019; and
Attachment 3
Core Consultants email advice of 27 September 2019; and
Attachment 4
Coastal Erosion Historic Assessments by Neil Collins
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Building 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.
Landscaping
6. The existing trees, in particular the Pandanus tectorius located in the south east corner of
the site must be retained as shown on the approved plan by M Design, Drawing No. 2.1,
Issue C, dated 18 September 2018.
7. Existing vegetation in the road reserve must be retained, unless written authorisation from
Council is granted for the clearing.
8. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Page 28 of 51
Section 29
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Earthworks
9. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
Geotechnical Stability
10. All works must be carried out strictly in accordance with the geotechnical report prepared
by Core Consultants Pty Ltd and dated 24 September 2019, including the following
recommendations (which are the minimum specifications):
10.1. piles are to be a minimum of 10m deep;
10.2. pile arrangement number, arrangement and spacing and associated A frame
structure and capping beams are to be, as a minimum, in accordance with Drawing
Number P1001 entitled ‘A Frame for Slope Stabilisation General Arrangement’ and in
accordance with Figure B4 entitled ‘Case 4; Piles Support’;
10.3. grout columns are to be installed between the micro-piles to a minimum depth of 10m
to prevent all sand flow between the piles; and
10.4. a minimum of 56 piles are required with 50 required under the eastern side of the
pool.
11. All works associated with the construction of the pool are to be certified by a Registered
Professional Engineer of Queensland (RPEQ) to ensure compliance with the geotechnical
report prepared by Core Consultants Pty Ltd and dated 24 September 2019, and the
conditions of approval.
Coastal Protection
12. To protect the coastal dune system, a mix of native endemic coastal vegetation consisting
of ground covers, shrubs and trees must be planted for a width of 5m for the full length of
the seaward boundary in accordance with Council’s Planning Scheme Policy PSP3
Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot
size of 200mm and must be planted at the following density:
a. trees must have a maximum spacing of 5m;
b. shrubs must have a maximum spacing of 2m; and
c. ground covers planted between the trees and shrub stems to provide a dense
coverage.
13. An access gate or like device allowing access to the beachfront area is not permitted to be
installed.
REPORT
On 20 December 2018, Council, at its Ordinary Meeting, resolved to refuse an application to
change an existing development approval for a house to facilitate the construction of a swimming
pool and an extension to a deck within the state Coastal Building Line at 42 Seaview Terrace,
Sunshine Beach.
The proposed works included 2 new in ground water tanks, approximately 48m2 of decking and a
13.4m x 4.4m swimming pool and a set of stairs seaward of the coastal building line.
Page 29 of 51
Section 30
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
The applicant subsequently appealed the decision seeking that the pool and deck extension be
approved. During the course of the appeal court mediation was attended with the appellant and
the court registrar and an expert joint report was subsequently prepared by the coastal
engineering consultants for the applicant and Council.
The outcome of the joint expert report process is agreement by the coastal engineering experts
that the pool can be built subject to extensive geotechnical works including substantial micro-
piling. In light of this agreement, Council’s Barrister was asked for advice on the likely prospects
for the appeal as the joint report by the coastal engineers is the key factor in this appeal.
The following parts of the coastal engineering joint expert report is particularly instructive:
Notably through the appeal review process with Council’s experts and legal team, the applicant
was advised that Council no longer sought to rely on reasons 4, 7 and 8.
Assessment in Relation the Reasons for Refusal
Our agreed position in relation the reasons of refusal area as follows:
1. The proposal is in conflict with the assessment benchmarks of the State Planning
Policy as it proposes development in an Erosion Prone Area and Natural Hazard
Area.
While this reason is correct, the proposed geotechnical design ensures that, irrespective of
coastal erosion and subsequent slop failure and reprofiling, the pool structure will remain in
place following a 100 year storm tide and wave erosion event.
2 Development seaward of the Coastal Building Line is contrary to the building
setbacks contained in the Planning Scheme and the setback provided under State
Code 8; Coastal Development and Tidal Works of the State development assessment
provisions.
This is a matter for the planners and Court to consider.
Page 30 of 51
Section 31
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
3. Recent modelling carried out by the Council indicates significant erosion is likely to
occur in the future which may threaten life and property should the proposed
development proceed.
Coastal erosion and subsequent slope failure and reprofiling analysis described in this
report demonstrates that significant erosion that would fail the original proposed pool can
occur under a severe storm tide and wave event. However the proposed geotechnical
design ensures that, irrespective of coastal erosion and subsequent slope failure and
reprofiling, the pool structure will remain in place following a 100 year storm tide and wave
erosion event.
4. The proposal does not comply with the Planning Scheme in force at the time of the
original approval, given the extent of excavation and vegetation removal in a sand
dune area.
5. The proposal does not comply with the Natural Resources Overlay Code for Coastal
Protection as it has the potential to adversely impact on natural coastal processes.
With the proposed geotechnical design with mircro-pile support for the pool, coastal
processes will not be impacted by the proposed development on all coastal events up to
the 100 year storm tide and wave event, accounting for climate change to 2050. Under
more severe events, further erosion could occur; however coastal structures of this nature
are normally required to be designed to withstand events up to the 100 year event (noting
that the minimum requirement for seawalls is a 50 year ARI event at stipulated in the
Prescribed Tidal Works Code in the Coastal Protection and Management Regulation 2017).
6. Given the site is affected by the Coastal Building Line and is located in a highly
vulnerable erosion prone area, the proposed 6m setback is not sufficient to minimise
the risk of erosion.
It is acknowledged that further set-back beyond 6m would further reduce the risk of erosion
affecting the proposed development; however, the proposed geotechnical design ensures
that, irrespective of coastal erosion and subsequent slope failure and reprofiling, the pool
structure will remain in place following a 100 year storm tide and wave erosion event and
recession due to sea level rise of 0.3m by 2050.
7. The proposal does not comply with the Biodiversity Overlay Code as vegetation is
proposed to be removed within the Environmental Protection Overlay placing the
integrity and resilience of the foreshore at risk.
8. The proposal is contrary to the Overall Outcomes for the Eastern Beaches Locality
as it does not protect the dunal area and natural environment nor maintain the safety
of people and works.
The proposed development of a swimming pool can be accommodated within the Coastal
Building Line by incorporation of the modified geotechnical design with a number of micro-
piles without compromising the future coastal management options for this section of coast.
The design of the piled foundations prepared by Core Engineering dated 24 September
2019 will provide protection of the swimming pool and subsequently the house by
adequately managing erosion from impacting on the pool structure for all storm tide and
wave events up to the 100 year climate change 2050 event.
The Coastal Building Line is an arbitrary line set by the former Beach Protection Authority
to allow for natural shoreline movements (i.e. erosion and accretion) associated with storm
events.
In terms of coastal engineering issues, we conclude that the inclusion of the modified piled
foundation design by Core Engineering should ensure that the pool will withstand erosion
associated with a 100 year ARI storm and recession due to sea level rise of 0.3m by 2050
(i.e. the adopted design life of the swimming pool).
Page 31 of 51
Section 32
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Council’s Barrister advises that the above extract from the coastal engineering joint report
indicates that:
(a) should the applicant irrevocably confirm a willingness to carry out the development in
accordance with the findings in the joint report; and
(b) should conditions reflecting the Core Engineering designs be accepted as non-severable
from any approval;
The Council will not reasonably be able to successfully contend for refusal of the proposed
development.
On this basis, and given the applicant’s confirmed willingness to carry out the development in
accordance with the extensive geotechnical works proposed by coastal engineering experts, it is
recommended that Council seek to settle the matter subject to appropriate conditions, which
include the requirement for the structures to be built strictly in accordance with the requirements
of the joint report. This is in contrast to the usual development requirement that works be carried
out generally in accordance with the conditions of approval.
Previous Council Consideration
Ordinary Meeting Minutes, 20 December 2018, Item 1, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 December 2018 regarding Application No. 51987.2951.01 to make
a minor change to an existing approval for additions to a detached house to include a swimming
pool, deck and other structures seaward of the coastal building line situated at 42 Seaview Tce,
Sunshine Beach and:
A. Refuse the change for the following reasons:
1. The proposal is in conflict with the assessment benchmarks of the State Planning
Policy as it proposes development in an Erosion Prone Area and Natural Hazard
Area.
2. Development seaward of the Coastal Building Line is contrary to the building
setbacks contained in the Planning Scheme and the setback provided under State
Code 8; Coastal Development and Tidal Works of the State development assessment
provisions.
3. Recent modelling carried out by the Council indicates significant erosion is likely to
occur in the future which may threaten life and property should the proposed
development proceed.
4. The proposal does not comply with the Planning Scheme in force at the time of the
original approval, given the extent of excavation and vegetation removal in a sand
dune area.
5. The proposal does not comply with the Natural Resources Overlay Code for Coastal
Protection as it has the potential to adversely impact on natural coastal processes.
6. Given the site is affected by the Coastal Building Line and is located in a highly
vulnerable erosion prone area, the proposed 6m setback is not sufficient to minimise
the risk of erosion.
7. The proposal does not comply with the Biodiversity Overlay Code as vegetation is
proposed to be removed within the Environmental Protection Overlay placing the
integrity and resilience of the foreshore at risk.
8. The proposal is contrary to the Overall Outcomes for the Eastern Beaches Locality as
it does not protect the dunal area and natural environment nor maintain the safety of
people and works.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 32 of 51
Section 33
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Ordinary Meeting Minutes, 18 April 2019, Item 5, Page 8
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 April 2019 regarding Planning & Environment Court
Appeal No. 245 of 2019 and agree to defend the appeal.
Finance & Risk
Council’s Barrister for the appeal has advised that given the joint coastal engineering report
conclusions, Council has very low prospects of success in resisting this appeal and the appeal
should be compromised subject to strict conditions which reflect the outcomes of the coastal
engineering joint report.
Council’s solicitor for the appeal concurs with this advice and similarly raises concerns that the
current Noosa Plan, though has a strong statement around the required setback and its
intentions, given the appeal relates to a swimming pool and deck only, Council is likely to have
difficulty in successfully defending the appeal.
The current costs for this appeal are $43,634 and if the matter was to proceed to trial it is
estimated that this would cost a further $100,000.
Consultation
External Consultation - Community & Stakeholder
Neil Collins – Engineer
Wakefield Sykes - Solicitor
Christopher Hughes QC - Barrister
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 33 of 51
Section 34
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
5 NOOSA SPIT SHORELINE EROSION UPDATE - DECEMBER 2019
DOCUMENT INFORM AT ION
Author Project Coordinator – Flooding, Coastal and Foreshore, Daniel Wishaw
Infrastructure Services Department
Index ECM/ Project / Noosa Dog Beach SEMP Coastal Monitoring – CAP. 100723
ECM / Subject / Erosion
Attachments 1. Noosa Spit Shoreline Erosion Management Plan
(Note: 172 page attachment has been provided separately to this report)
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to
the General Committee Meeting dated 16 December 2019 and
A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment 1 to
the report; and
B. Refer funding of the implementation pathway as described in the Noosa Spit Shoreline
Erosion Management Plan for consideration in the 2020/21 financial year budget process.
REPORT
1. Background
Council, at its Ordinary Meeting of 15 November 2018, supported the development of a Shoreline
Erosion Management Plan (SEMP) for Noosa Spit and the provision of a quarterly update. The
technical work for the Noosa Spit SEMP is now complete and has been delivered to Council for
review.
This report recommends an implementation pathway for consideration of funding in the 2020/21
financial year.
2. Project Update
The project was conducted over multiple stages, with oversight from the Council’s internal Project
Control Group and consultation with the Department of Environment and Science. Each of these
stages can be found in the attached report and they include:
A historical review of erosion at Noosa Spit and a review of existing mitigation measures
(Section 2.2 and 2.3).
Review of the recent shoreline recession including identification of changes that caused an
acceleration of recent erosion (Section 2.4.1).
Development of a numerical coastal processes model (Section 3).
Evaluation of different river mouth alignments, including a ‘breakthrough’ event at Doggie
Beach (Section 3.6).
Shoreline erosion mitigation options (Section 4).
Page 34 of 51
Section 35
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Multi-criteria analysis including a detailed risk assessment (Section 4.3 and Appendix D).
Delivery of a Shoreline Erosion Management Plan (Section 5).
3. Proposed Implementation Pathway
The proposed implementation pathway for erosion management has been separated into three
zones, with two “trigger lines” for intervention. These zones are shown below, in Figure 1, with
the trigger lines forming the boundaries between the coloured zones. The first trigger line was
established based on the 2016 shoreline position, before erosion accelerated, and allows a
limited recreational beach and a suitable sand buffer for the protection or reestablishment of
vegetation. The second trigger line is the minimum width of the Noosa Spit within which a seawall
may be constructed.
The proposed pathway is intended to maintain the beach width in the green zone below for as
long as feasible and delay, as long as possible, the need for a structural sea wall at the edge of
the red zone.
Figure 1: Proposed trigger zones. Image above is pre-erosion (2016) and image below is current day.
As such, the Noosa Spit SEMP proposes a two-staged intervention pathway consisting of:
1. Beach nourishment undertaken in conjunction with creating a sand plug at either end of the
Doggie Beach, as shown in Figure 2. The beach nourishment would be monitored and
evaluated with respect to the trigger lines shown in Figure 1 and repeated when the
shoreline eroded into the yellow zone. While it is difficult to estimate the exact time
between nourishment programs, based on previous attempts to do this, it is expected that
this may last 5-8 years.
2. If beach nourishment becomes ineffective/unfeasible a seawall could be constructed in the
approximate alignment of the red section in Figure 1. This could then be covered with sand
if deemed appropriate.
Page 35 of 51
Section 36
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
As well as the above major intervention, it is recommended to implement a series of
complementary activities to reduce future erosion, including beach access management,
vegetation management and replanting as well as community education and consultation.
Figure 2: Proposed sand nourishment and sand plug program.
4. Next Steps
Now that the technical phase of this work is completed, the next steps will include:
Public Consultation.
Stakeholder engagement.
5. Erosion Update
Since the last quarterly report dated 10 September 2019, the shoreline at Noosa Spit has
remained fairly stable, with a review of recent aerial photography indicating negligible change to
the shoreline position at Noosa Spit. Currently the lower estuary is in a phase which appears to
be favouring the formation of a central channel, which typically alleviates pressure on the Dog
Beach section of Noosa Spit. However, there has been significant volumes of sand that have
migrated into the river from both the southern side, and more recently, the northern side which
may block this channel in future. At present the state of the lower estuary would make the
proposed mitigation solution easier to implement, given that the central channel is naturally
opening.
Page 36 of 51
Section 37
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Previous Council Consideration
Ordinary Meeting Minutes, 19 September 2019, Item 9, Page 12
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to the
Services & Organisation Committee Meeting dated 10 September 2019 providing an update on
the development of a Shoreline Erosion Management Plan (SEMP) for Noosa Spit.
Ordinary Meeting Minutes, 20 June 2019, Item 17, Page 16
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to the
Services & Organisation Committee Meeting dated 11 June 2019 providing an update on the
development of a Shoreline Erosion Management Plan (SEMP) for Noosa Spit.
Ordinary Meeting Minutes, 21 March 2019, Item 8, Page 9
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to the
Services & Organisation Committee Meeting dated 12 March 2019 providing an update on the
development of a Shoreline Erosion Management Plan (SEMP) and also note the formation of a
staff Noosa Spit SEMP Project Working Group to oversee that project.
Ordinary Meeting Minutes, 15 November 2018, Item 2, Page 11
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to the
Services & Organisation Committee Meeting dated 6 November 2018 and
A Support the urgent completion of a Shoreline Erosion Management Plan for Noosa Spit
and Noosa Main Beach subject to funding being provided in Budget Review 2; and
B. Provide a status update to Council on a quarterly basis.
Finance
All options proposed within the Noosa Spit SEMP were evaluated for a whole of life cost over a
duration of 20 years, which included any upfront or ongoing costs. The proposed nourishment
option has been costed based on renourishment occurring every seven years, with the total
expenditure in the first year anticipated to be approximately $1.2 million. This cost is inclusive of
all required permits, nourishment, project management, project contingency and monitoring. The
complementary activities (section 3) have not been included in this estimate as they are either
considered business as usual activities, or in the case of revegetation, should be implemented
once the success of the major works has been established.
It is proposed that the project will submitted for consideration in the capital works program for the
2020/21 budget.
Figure 3 below presents a graph of proposed costs over the 20-year lifecycle.
Page 37 of 51
Section 38
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Forecast Project Lifecycle Expenditure
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
Annual Cumulative
Figure 3: Forecast Project Lifecycle Expenditure
Risks & Opportunities
A full risk assessment has been provided in the Noosa Shoreline Erosion Management Plan in
Appendix D.
Consultation
External Consultation - Community & Stakeholder
To be undertaken through budget process.
Internal Consultation
Internal consultation is being conducted through the Noosa Spit SEMP Project Working Group.
Departments/Sections Consulted:
x Chief Executive Officer x Community Services x Corporate Services
Executive Officer x Director x Director
Executive Support Community Development x Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
x Executive Services x Environment & Sustainable Development x Infrastructure Services
x Director x Director x Director
Community Engagement Building & Plumbing Services x Asset Management
Customer Service Development Assessment Buildings and Facilities
x Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 38 of 51
Section 39
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
6 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2019
DOCUMENT INFORM AT ION
Author Manager Financial Services, Trent Grauf
Corporate Services Department
Index ECM/ Subject/ 22.09 – Monthly Financial Performance Report
Attachments 1. Statement of Income and Expenditure (Profit & Loss and Capital)
2. Statement of Financial Position
3. Statement of Cash Flows
EXECUTIVE SUMMARY
Year to date (YTD) operating performance against current budget as at 30 November 2019
aligns with YTD budget. The budget position presented in this report and attachments includes
the budget review adjustments adopted by Council in November 2019.
YTD Financial Performance Summary
Budget Actual Variance Variance
Status
$m $m $m %
Operating Revenue $46.1 $46.6 $0.5 1.0% On Track
Operating Expense $39.4 $38.2 $1.2 3.1% On Track
Operating Position $6.7 $8.4 $1.7 25.5%
Capital Revenue $2.2 $2.3 $0.0 1.2% On Track
Capital Expenditure* $10.1 $10.0 $0.1 0.9% On Track
* Reflects constructed assets and intangibles only (excludes contributed)
Financial statements including Statement of Income & Expenditure, Statement of Financial
Position (balance sheet), and Statement of Cash Flows are included as attachments for
information for Council.
Figure 1: Actual Performance Compared to Budget
$50 $46.1 $46.6 YTD Budget ($m) YTD Actual ($m)
$45
$39.4 $38.2
$40
$35
$30
$25
$20
$15
$10
$5
$-
Operating Revenue Operating Expenditure
Page 39 of 51
Section 40
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
YTD performance against Council’s key measures of financial sustainability have been calculated
as at November 2019. These indicators enable the reader to assess a council’s success in
managing its budget, cash and debt as well as undertaking sustainable asset management. The
table below contains a snapshot of a number of key measures, with full detail included in the
report.
YTD Measures of Financial Sustainability
Target Target Current Actual Status
Value Date Budget YTD
Operating Surplus Ratio 0-10% 30 June 2020 0.0% 18.0% On Track
Net Financial Liabilities Ratio <60% Ongoing -5.7% -22.7% Above Target
Cash Cover Ratio 3 months Ongoing 5.5 months 9.3 months Above Target
Asset Sustainability Ratio > 90% 30 June 2020 129% 37.9% On Track
RECOMMENDATION
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 December 2019 outlining November 2019 year to date financial performance
against budget, including key financial sustainability indicators.
REPORT
Operating Revenue (YTD Benchmark 42%)
Council has received 47% ($46.6 million) of its operating revenue budget ($99.9 million).
Commentary on each revenue category is provided below.
Category Summary Comments
Rates and Levies $34.6 million (50%) of the General rates $52k above YTD budget (50% or
annual budget of $68.7 $25.6 million of $51.0 million budget earned)
million has been earned Waste utility charges $127k above YTD budget
(51% or $6.5 million of $12.7 million budget
earned)
Fees and $3.4 million (52%) of the Plumbing application fees $52k above YTD budget
Charges $6.7 million annual (49% or $472k of $971k budget earned)
budget has been earned Community land use permits $50k above YTD
budget (66% or $271k of $410k budget earned)
Cemetery fees $42k above YTD budget (60% or
$138k of $229k budget earned)
Development related fees $32k above YTD budget
(43% or $696k of $1.6 million budget earned)
Local laws fees $21k above YTD budget (63% or
$887k of $1.4 million budget earned)
Sale of Goods $3.8 million (38%) of the Noosa River Holiday Park sales $63k above YTD
and Services $10.1 million budget has budget (42% or $920k of $2.2 million budget
been received earned).
Noosa Leisure Centre $45k above YTD budget
(49% or $283k of $575k budget earned).
Noosa Aquatic Centre admission and other
revenue $58k below YTD budget (32% or $484k of
$1.5 million budget earned) – reflecting the actual
closure period being 2 weeks longer than
budgeted.
Page 40 of 51
Section 41
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Category Summary Comments
Waste disposal fees $81k below YTD budget (39%
or $1.1 million of $2.2 million budget earned).
Interest $729k (52%) of the $1.4 Interest on overdue rates and charges $54k above
Received million annual budget has YTD budget (54% or $214k of $400k budget
been earned earned).
Investment revenue $23k above YTD budget (51%
or $515k of $1.0 million budget earned).
Further downward movements in interest rates will
impact on Council’s interest revenue on cash
invested, and will be monitored for any overall
interest revenue budget implications.
Other Revenue $524k (53%) of the $985k Sunrise Beach Shops lease revenue $38k below
budget has been earned YTD budget (37% or $302k of $801k earned)
Operating $1.9 million (39%) of the 50% or $1.1 million of the financial assistance
Grants, $5.0 million budget has grant was again prepaid in June 2019 and may
Subsidies been received impact on Council’s 2019/20 final operating
position if the prepayment approach is
discontinued by the Australian government.
All other operating grants are in line with budget
forecasts at this stage.
Unitywater On track Unitywater distributions are fixed each year so little
Distributions budget variance risk.
Figure 2: Operating Revenue Position by Type (Excluding Rates)
$4.5
$3.9 $3.8
$4.0
$3.4
$3.2 YTD Budget ($m)
$3.5
YTD Actual ($m)
$3.0
$2.5
$1.9
$2.0 $1.8
$1.5
$1.1 $1.1
$0.7
$1.0 $0.7 $0.6 $0.5 $0.5 $0.5
$0.5
$0.0
Income
Other
Charges
Goods &
Grants
Unitywater
Services
Sales of
Rental
Interest
Fees &
Share of
Page 41 of 51
Section 42
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Operating Expenditure (YTD Benchmark 42%)
Actual operating expenditure is currently 38% ($38.2 million) of full year budget ($99.8 million).
Detailed commentary for each expenditure category is provided below.
Category Summary Comments
Employee Costs $12.3 million (37%) of the Under expenditure for permanent staff salaries
annual budget of $33.5 and wages ($1.2 million) partially offset by
million has been expended additional spend on casual staff and external
labour hire ($451k).
Employee overtime and allowances $185k
above YTD budget (196% or $601k of $953k
budget spent) due to recent disaster events.
Materials and $17.4 million (38%) of the Waste Management materials and services
Services $45.8 million annual budget $272k below YTD budget (38% or $4.1 million
has been expended. of $10.6 million budget spent.
Fleet fuel, tyre, equipment and maintenance
costs $166k below YTD budget (33% or $530k
of $1.6 million budget spent).
Parks & Gardens operations and maintenance
programs $86k below YTD budget (32% or
$1.4 million of $4.3 million budget spent).
Public amenity materials and services $74k
below YTD budget (27% or $136k of $495k
budget spent).
Development assessment legal appeals costs
$125k above YTD budget (54% or $542k of
$1.0 million budget spent).
Finance Costs On track Nil
Depreciation On track Nil
Other Expenses On track Nil
Figure 3: Operating Expenditure Position by Type
$20.0 $18.2
$17.4
$18.0
YTD Budget ($m)
$16.0
YTD Actual ($m)
$14.0 $12.7 $12.3
$12.0
$10.0
$7.8 $7.8
$8.0
$6.0
$4.0
$2.0 $0.6 $0.7 $0.1 $0.1
$0.0
Finance Costs
Materials
Depreciation
Employees
Other
Page 42 of 51
Section 43
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Capital Revenue
YTD capital revenue of $2.3 million received comprises cash contributions from developers
($807k) and capital grants ($1.4 million). Note that the timing of capital grant receipts are
generally dependent on the timing of grant conditions and also capital delivery performance, and
that the timing of the receipt of developer contributions (both cash and contributed) is
unpredictable.
Figure 4: Capital Revenue by Type
$1.6
$1.4 $1.4
$1.4
YTD Budget ($m)
$1.2
YTD Actual ($m)
$1.0
$0.8
$0.8
$0.8
$0.6
$0.4
$0.2 $0.1 $0.1
$0.0
Subsidies
Contributions
Contributed
Grants /
Assets
Cash
Capital Program
Actual capital expenditure (excluding contractual commitments) is $10.1 million (YTD budget
$10.2 million). Detailed discussion of progress in the delivery of the capital works program is
provided through a separate report by the Asset Planning Manager.
Figure 5: Capital Program Delivery Performance
$10.0 $9.3 $9.2
$9.0
YTD Budget ($m)
$8.0
YTD Actual ($m)
$7.0
$6.0
$5.0
$4.0
$3.0
$2.0
$0.8 $0.8
$1.0
$0.0
Capital works Other capital
Page 43 of 51
Section 44
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Cash Management and Investment Performance
Total cash on hand at the end of November was $60 million, including funds held in trust and for
restricted purposes (e.g. unexpended levy and grant funds), the prepaid financial assistance
grant and unspent monies committed for funding capital projects which are underway and will
continue during the financial year.
The following pie charts present the mix of cash held at November 2019 by agency (graph on the
left) and by credit risk rating (graph on the right). All funds have been invested in accordance with
the Investment Policy and in consideration of the principles of ethical investment, preservation of
capital, return on investment and counterparty thresholds
Figure 6: Closing Cash Held by Agency and Credit Rating
Bendigo A3
NAB 3%
CBA 7% A1 + (Bendigo)
3% (CBA + NAB + 3%
Wpac)…
A1 +
QTC (QTC)
87% 87%
The following chart monitors the 12 month trend on total cash and the agencies invested. During
November, $4 million in term deposits with Commonwealth Bank matured. These matured
investments were utilised to fund operating and capital expenditure requirements for November.
Page 44 of 51
Section 45
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Figure 7: 12 Month Trend of Cash Invested by Agency
90,000,000
80,000,000
70,000,000
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
-
Dec-18 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19
Bendigo TD Westpac TD NAB TD Suncorp TD CBA TD QTC CBA Operating
Measures of Financial Sustainability
The following table incorporates a set of financial sustainability indicators to further assist in
managing Council financial performance. There are no current material emerging risks regarding
performance for the first quarter of the financial year.
Category Comments
Operating Surplus Ratio Intent: Identifies the extent to
which revenues cover
operational expenses, to ensure
community equity is not
degraded
Target: 0 – 10%
Target Date: 30 June
Result: 18.0%
Comment: The slowly declining
ratio reflects the levying 50% of
rates in July and the utilisation
of funds as expenditure occurs
between August and December
2019
Page 45 of 51
Section 46
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Category Comments
Cash Expense Cover Intent: Indicates how long
council can continue paying its
day-to-day expenses from cash
at bank without needing
additional cash flows
Target: > 3 months
Target Date: Ongoing
Result: 9.3 months
Comment: Council is forecast
to remain above target for the
financial year and remain
fiscally flexible to accommodate
unforeseen events. Peaks will
occur following rating periods
Asset Sustainability Ratio Intent: Measures the extent to
which assets are being replaced
as their condition degrades to
ensure service potential is
maintained
Target: 90% of depreciation
budget spent on renewals
annually
Target Date: 30 June
Result: Slightly under budget
Comment: The ratio will
progressively increase each
month as expenditure on
renewal projects occurs.
Net Financial Liabilities Ratio Intent: Outlines the level that
net Council debt can be
serviced by operating revenues.
A ratio below zero implies that
liabilities are less than cash
(and other current assets) and
there is adequate borrowing
capacity available if needed.
Target: less than 60%
Target Date: Ongoing
Result: (22.7%)
Comment: Council has low
debt levels and strong cash
holdings. The cash received
from the July rates issue also
inflates the YTD actual outcome
Page 46 of 51
Section 47
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Category Comments
Investment Return Intent: Ensure appropriate
return on investment yield for
cash at bank.
Target: 0.25% above current
Bloomberg commonwealth 10
year bond rate yield (September
= 1.0%)
Target Date: Ongoing
Result: 1.91%
Comment: Regardless of the
steady decline in long term
bond rates (due to international
market factors), Council’s
investment return still remains
above target
Rates in Arrears Intent: Ensuring that the
amount of unpaid rates remains
sustainable and does not
negatively impact cash flows
Target: 5% industry benchmark
Target Date: Ongoing
Result: 6.3%
Comment: Arrears %
progressively decreasing
towards target as reminders are
issued and outstanding
balances are collected.
Previous Council Consideration
Nil.
Finance
As above.
Risks & Opportunities
Council’s risk register includes a number of risks that could impact on ongoing financial
sustainability. Effective budget management and reporting is an important risk mitigation tool.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
All areas of Council are consulted as part of the regular monitoring of budget performance.
Page 47 of 51
Section 48
GENERAL COMMITTEE MEETING AGENDA 16 DECEMBER 2019
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer Director X Director
Executive Support Community Development X Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 48 of 51
Section 49
Page 49 of 51
Profit and Loss Statement
Revenue
Recurrent Revenue
Rates, levies and charges 68,702 34,381 34,568 187 50%
Fees and charges 6,642 3,234 3,445 211 52%
Interest received 1,410 652 729 77 52%
Sale of Goods and major services 10,127 3,872 3,811 (60) 38%
Sale of contract and recoverable works 23 - 0 0 2%
Rental & lease income 1,296 559 502 (57) 39%
Other income 985 529 524 (5) 53%
Grants, subsidies, contributions and donations 4,999 1,818 1,949 131 39%
Unitywater Distributions 5,650 1,075 1,075 - 19%
99,833 46,119 46,603 484 47%
Expenses
Recurrent Expenses
Employee benefits 33,517 12,691 12,305 (387) 37%
Materials and services 45,863 18,240 17,379 (861) 38%
Finance costs 1,528 637 668 31 44%
Depreciation 18,713 7,797 7,797 0 42%
Other expenses 188 84 86 3 46%
99,809 39,450 38,236 (1,214) 38%
OperatingResult 658698 86T 1698
Summary of Capital Revenue and Expenditure
Capital Funding
Capital cash contributions and infrastructure charges 2,134 762 807 46 38%
Contributed assets 2,000 98 105 7 5%
Capital grants and subsidies 5,281 1,387 1,362 (25) 26%
Cash / revenue 27,337 9,915 10,416 501 38%
New loan borrowings - - - - 0%
Other capital revenue - - - - 0%
TotalCapitalRevenue SES AGT 12,690 2
Capital Expenditure
Contributed assets 2,000 98 105 7 5%
Capital works - constructed assets 26,091 9,284 9,205 (78) 35%
Capital works - other capital 4,781 839 824 (16) 17%
Loan repayments 3,880 1,940 2,069 129 53%
Other ana sonditure - - 487 487 0%
Page 49 of 51Section 50
Page 50 of 51
Noosa Council ATTACHMENT 2
Statement of Financial Position
For the Year Ended 30 June 2020
As at 30 November 2019
Current Actual Actual
Budget YTD Full Year
2020 2020 2019
($'000) ($'000) ($'000)
Current Assets
Cash and cash equivalents 43,942 60,415 55,981
Trade and other receivables 9,290 6,925 6,666
Inventories 198 202 198
Other current assets 2,466 3,281 4,541
55,897 70,824 67,386
Non Current Assets held for sale - - -
Total Current Assets 55,897 70,824 67,386
Non Current Assets
Trade and other receivables 49,718 49,718 49,718
Other non current Assets - - -
Investments 60,978 60,978 60,978
Investment property 3,300 3,300 3,300
Property, plant and equipment 916,382 887,404 885,912
Intangible assets 7,170 6,266 5,953
Total Non Current Assets 1,037,548 1,007,666 1,005,861
Total Assets 1,093,445 1,078,490 1,073,247
Current Liabilities
Trade and other payables 5,078 8,527 9,594
Borrowings 2,414 1,576 3,112
Provisions 4,630 2,954 4,918
Other 2,778 2,425 2,768
Total Current Liabilities 14,900 15,482 20,392
Non Current Liabilities
Trade and other payables - - -
Borrowings 19,555 21,120 21,120
Provisions 12,054 11,523 11,523
Total Non Current Liabilities 31,608 32,643 32,643
Total Liabilities 46,508 48,125 53,035
Net Community Assets 1,046,937 1,030,365 1,020,212
Community Equity
Asset Revaluation Surplus 68,337 50,809 50,809
Retained Surplus / (Defeciency) - - -
Shire Capital 978,600 969,402 951,918
Current Year Net Earnings - 10,154 17,485
Total Community Equity 1,046,937 1,030,365 1,020,212
Page 50 of 51Section 51
Page 51 of 51
Noosa Council ATTACHMENT 3
Statement of Cash Flows
For the Year Ended 30 June 2020
As at 30 November 2019
Current Actual Actual
Budget YTD Full Year
2020 2020 2019
($'000) ($'000) ($'000)
Cash flows from operating activities
Cash Flows from Operating Activities
Receipts from Customers 85,969 44,624 92,597
Payments to Suppliers and Employees (84,340) (34,622) (78,821)
1,629 10,002 13,776
Receipts:
Investment and Interest Revenue Received 4,010 1,327 4,763
Rental Income 1,290 502 1,281
Non Capital Grants and Contributions 4,976 1,949 5,447
Income Tax Equivalent Received 1,200 477 1,754
Income from Equity Investments 1,850 - 1,487
Payments:
Borrowing Costs - - -
Interest Expense (1,282) (61) (133)
Net Cash Inflow/(Outflow) from Operating Activities 13,673 14,196 28,375
Cash Flows from Investing Activities
Receipts:
Proceeds of Sale of Property, Plant and Equipment 10 38 383
Grants, Subsidies, Contributions and Donations 7,415 2,169 5,140
Payments:
Payments of Property, Plant and Equipment (28,809) (9,358) (24,848)
Payments for Intangible Assets (2,063) (666) (1,347)
Net Movement in Loans and Advances - 125 (625)
Net Cash Inflow/(Outflow) from Investing Activities (23,447) (7,692) (21,297)
Cash Flows from Financing Activities
Receipts:
Proceeds from Borrowings - - -
Payments:
Repayment of Borrowings (2,264) (2,069) (15,290)
Net Cash Inflow/(Outflow) from Financing Activities (2,264) (2,069) (15,290)
Net Increase/(Decrease) in Cash and Cash Equivalents held (12,038) 4,435 (8,212)
Cash and Cash Equivalents at the beginning of the reporting period 55,981 55,981 64,193
Cash and Cash Equivalents at the end of the reporting period 43,943 60,416 55,981
Page 51 of 51