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2017-10-19 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 19 October 2017
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 19 OCTOBER 2017
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 11
AUDIT & RISK COMMITTEE RECOMMENDATIONS 13
GENERAL COMMITTEE RECOMMENDATIONS 14
7 ORDINARY MEETING REPORTS 18
1. NOOSA SUSTAINABILITY INSTITUTE PROPOSAL BY CSIRO’S DATA61 18
8 CLOSED SESSION 22
9 NEXT MEETING 22
10 MEETING CLOSURE 22
Page 2 of 22
Section 3
ORDINARY MEETING AGENDA 19 OCTOBER 2017
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 September 2017 be received and confirmed.
The Minutes of the Special Meeting held on 13 October 2017 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 22
Section 4
ORDINARY MEETING AGENDA 19 OCTOBER 2017
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 OCTOBER 2017 - Crs Ingrid Jackson, Brian Stockwell and Tony Wellington
Apology: Cr Joe Jurisevic
APPOINTMENT OF CHAIRPERSON
Moved: Cr Stockwell
Seconded: Cr Wellington
That the Committee appoint Cr Jackson as the Acting Chairperson for the meeting.
Carried.
1 MCU17/0049 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
HOME BASED BUSINESS TYPE 3 SWIM SCHOOL AT 8 MCKENNA CT, NOOSAVILLE
Item not dealt with by Planning & Environment Committee. Referred to General Committee
for consideration.
Reason for referral – requested by Cr Jurisevic due to significance of the issue.
2 51989.93.1 CHANGE TO DEVELOPMENT NOTICE APPROVAL DNA 138 FOR
ADDITIONS TO A METAL FABRICATION WORKSHOP AND OFFICE SITUATED AT 9
LEO ALLEY RD NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2017 regarding Application No. 51989.93.1 for Change
to Development Notice Approval DNA 138 for Additions to a Metal Fabrication Workshop and
Office situated at 9 Leo Alley Rd Noosaville and:
A. Approve the application in accordance with an amended condition 2 and additional
condition 16 to read as follows:
2. At least 19 off-street car parking spaces must be provided and access thereto to
be provided with a sealed pavement. The car spaces must be provided and
marked on site and made available and accessible at all times while the use is
open for business. The car parking spaces must not be used for storage of
equipment and materials and the use must be made available prior to the use of
these building additions.
Approved Plans
16. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table, and may be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
A 1.01 H Proposed Site Plan 05-09-17
A 1.02 F Proposed Site Plan – Ground Level 09-04-16
A 1.10 F Proposed Office Floor Plan 09-04-16
A 1.11 F Proposed Office Upper Floor 09-04-16
A 1.12 F Proposed Office Roof Plan 09-04-16
A2.01 F Proposed Site Elevations 09-04-16
A 2.10 F Proposed Office Elevations 09-04-16
A 2.11 F Proposed elevations 09-04-16
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 4 of 22
Section 5
ORDINARY MEETING AGENDA 19 OCTOBER 2017
3 MCU16/0153 MATERIAL CHANGE OF USE OF PREMISES MULTIPLE HOUSING TYPE
4 CONVENTIONAL (38 UNITS) VISITOR ACCOM TYPE 4 CONVENTIONAL (12 UNITS)
& REC16/0041 RECONFIGURATION OF A LOT (1 LOT INTO 29 LOTS) 215 DAVID LOW
WAY PEREGIAN BEACH QLD 4573
Item not dealt with by Planning & Environment Committee. Referred to General Committee
for consideration.
Reason for referral – Significance of issue
4 MCU16/0130 & REC17/0021 DEVELOPMENT APPLICATION FOR A PRELIMINARY
APPROVAL TO RECONFIGURE A LOT (BOUNDARY ALTERATION) & MATERIAL
CHANGE OF USE FOR A HARDWARE, GARDEN & LIFESTYLE CENTRE, OFFICE
&INDUSTRIAL BUSINESS AT 101 &105 EUMUNDI NOOSA RD, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 October 2017 regarding Application Nos. REC17/0021 for a
Preliminary Approval to Reconfigure a Lot (Boundary Realignment) and MCU16/0130 for a
Development Permit for Material Change of Use for Retail Business Type 6 – Hardware,
Retail Business Type 7 – Garden & Lifestyle Centre, Commercial Business Type 1 – Office,
Industrial Business Type 2 – Production, Alteration, Repackaging and Repairing, situated at
101 and 105 Eumundi Road, Noosaville and defer the matter to a future Council meeting as
the applicant has lodged a change to their application.
5 MCU17/0024 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES - ENTERTAINMENT & DINING BUSINESS TYPE 1 FOOD & BEVERAGES
AND TYPE 2 RECREATION, AMUSEMENT AND FITNESS AT 4 THE ESPLANADE,
SUNSHINE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 October 2017 regarding Application No. MCU17/0024 for a
Development Permit for a Material Change of Use – Entertainment and Dining Business
Type 1 Food & Beverages and Type 2 Recreation Amusement & Fitness (extensions and
alterations to a Surf Club) situated at Sunshine Beach Surf Life Saving Club, located at 4
The Esplanade Sunshine Beach Qld 4567 and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
0000 A Cover Page, drawn by Andrew Bock Architecture February 2017
1002 B Proposed Site Plan, drawn by Andrew Bock Architecture March 2017
1003 B Proposed Site Plan – Aerial Photo, drawn by Andrew Bock March 2017
Architecture
1004 B Proposed Roof Plan, drawn by Andrew Bock Architecture March 2017
B Proposed Upper Floor Plan, drawn by Andrew Bock March 2017
Page 5 of 22
Section 6
ORDINARY MEETING AGENDA 19 OCTOBER 2017
Plan Rev. Plan/Document Name Date
No.
Architecture
1006 C Proposed Ground Floor Plan (from IR response) , drawn by July 2017
Andrew Bock Architecture
1007 A Proposed Lower Floor Plan, drawn by Andrew Bock March 2017
Architecture
1008 B Proposed Landscape Plan, drawn by Andrew Bock Architecture March 2017
2001 B Proposed Elevations, drawn by Andrew Bock Architecture March 2017
2002 B Proposed Elevations, drawn by Andrew Bock Architecture March 2017
2003 B Proposed Sections A & B, drawn by Andrew Bock Architecture March 2017
2004 B Proposed Sections C & D, drawn by Andrew Bock Architecture March 2017
2005 B Proposed Sections E & F, drawn by Andrew Bock Architecture March 2017
3001 A Perspective Views North and North West, drawn by Andrew February 2017
Bock Architecture
3002 B Perspective Views West and South West, drawn by Andrew March 2017
Bock Architecture
3003 A Perspective Views East and North East, drawn by Andrew Bock February 2017
Architecture
3004 A Perspective Views View to Entry and Deck Lounge, drawn by February 2017
Andrew Bock Architecture
3005 B Aerial View showing Height line, drawn by Andrew Bock March 2017
Architecture
3006 B Views showing Height line, drawn by Andrew Bock Architecture March 2017
4001 A Colours and Textures of Sunshine Beach, drawn by Andrew February 2017
Bock Architecture
4002 A Proposed Material Palette, drawn by Andrew Bock Architecture February 2017
Building Height
3. The maximum height of the development must not exceed 11 metres above the
finished ground level and the natural ground level.
4. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the building does not exceed the maximum height requirement of
this Decision Notice.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of
$15,000 must be submitted to Council, to secure performance of all conditions of
this approval, prior to the issue of a Development Permit for Operational Works.
The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Building appearance
6. Roof materials must be non-reflective and the building must be finished with
muted earth tones to minimise the visual impact of the development and blend in
with the sites natural setting, and be in accordance approved plan 4001 & 4002
Revision A, drawn by Andrew Bock, dated February 2017.
7. The building must be finished in a mix of light-weight materials reflective of the
sites natural setting and be in accordance with approved plan 4002 Revision A,
drawn by Andrew Bock, dated February 2017.
Noise
8. All amplified noise at the premises must be conducted through a sound limiting
device at all times to ensure that noise does not exceed the following:
Page 6 of 22
Section 7
ORDINARY MEETING AGENDA 19 OCTOBER 2017
a. Noise emanating from the premises including amplified or non-amplified
noise and patron noise prior to 10.00pm must not exceed 90dBC, fast
response, when measured approximately 3 metres from the source of the
noise; and
b. Noise emanating from the premises including amplified or non-amplified
noise and patron noise after 10.00pm must not exceed 85dBC, fast
response, when measured approximately 3 metres from the source of the
noise
9. The sound limiting device is to have a locking mechanism, which is to be locked
at all times except for inspection or maintenance work on the device.
10. Access to the sound limiting device, except for maintenance work, is restricted to
the licensee, nominee and the person in charge of the premises at the time.
11. The sound limiting device must be checked and if necessary calibrated by a
qualified acoustic engineer at least every 12 months to ensure compliance with
the conditions of the license. Evidence of the sound limiting device calibration
must be made available to an investigator or police on request.
12. Air-conditioning and refrigeration plant noise levels must not exceed the
following:
a. Between 10.00pm and 7.00am no more than 3dB(A) above the background
level; or
b. Between 7.00am and 10.00pm no more than 5dB(A) above the background
level
13. Delivery vehicles and deliveries must not be audible:
c. On a business day or Saturday, before 7.00am or after 7.00pm
d. On any other day before 8.00am or after 7.00pm
Hours of Operation
14. The use may operate 7 days a week from 10am to 12am (with the exception of
New Year’s Eve where it may operate until 2am). The outdoor dining area is not
to be utilised after 10pm.
Car Parking
15. The existing carparking area adjacent to the surf club building must be
upgraded. The works must be generally in accordance with drawing number
1006 Revision C prepared by Andrew Bock Architecture and undertaken in
accordance with an Operational Works approval and must include in particular:
a. detail to demonstrate that sufficient area is provided for delivery/service
vehicle movements including clearances;
b. materials and surface treatments to prioritise pedestrian movements and
other “shared” areas;
c. signage to designate pedestrian paths, shared areas and vehicle
movement areas;
d. bollard and seating design and other surface treatments in accordance with
Council’s “look and feel” (Council’s design principles and local colour
palette);
e. detail to clearly indicate stormwater drainage paths;
f. a reconfiguration of the carparking access, aisles and spaces to improve
performance.
Page 7 of 22
Section 8
ORDINARY MEETING AGENDA 19 OCTOBER 2017
16. Car parking in Webb Road must be upgraded to provide 4 additional on street
car park spaces and include in particular provide:
a. filling, roadworks and drainage works;
b. linemarking;
c. dimensions and grades in accordance with AS/NZS2890.1:2006.
The proposed works are to be undertaken in accordance with an Operational
Works approval. The works must be generally in accordance with drawing
number 16636-SK01 Revision A prepared by TOD Noosa.
Paving Treatment of Vehicle Movement Areas
17. Alternative materials, surface patterns, or threshold treatments must be used to
articulate the pavement treatment of vehicle movement areas, shared areas and
pedestrian paths.
18. A Construction Management Plan for the development must be submitted to and
approved by Council at least 5 working days prior to the commencement of any
Building works or at least 5 working days prior to the pre-start meeting for
Operational Works. The Construction Management Plan shall include but not be
limited to:
a. site working hours;
b. communication and consultation processes with surrounding premises;
c. control and suppression of –
(i) noise
(ii) vibration;
(iii) dust;
(iv) odours and exhausts control; and
(v) site working hours
d. employee and contractor induction and education processes.
19. A Traffic Management Plan for each separate construction phase of the
development must be submitted to and approved by Council at least 5 working
days prior to the commencement of any works or at least 5 working days prior to
the pre-start meeting for Operational Works. The Traffic Management Plan must
include but not be limited to:
a. limiting the routes for the heavy vehicles to the major road network and
define the route to the site;
b. indicate provision for on-site and off-site parking and shuttle buses (if
required) for the required workforce;
c. indicate the location of loading and unloading areas;
d. indicate the location of any “holding” areas for heavy vehicles;
e. operating hours.
20. Construction staff must not park within the Council carparks in Belmore Terrace,
Duke Street, Webb Road or any other surrounding street. Parking must either
be on site or at a suitable off-site location serviced via a shuttle bus. Details must
be included in the Traffic Management Plans for the site.
Bicycle/Scooter Provision
21. Four bicycle racks (capable of accommodating 8 bikes) and 4 scooter spaces
must be provided on site at the rear of the building. The works must be
undertaken in accordance with an Operational Works approval and clearly shown
on the plans for carparking.
Page 8 of 22
Section 9
ORDINARY MEETING AGENDA 19 OCTOBER 2017
Stormwater Drainage
22. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. Connection of any new works on site and in the carparking area to the
existing stormwater drainage system;
b. The works in Webb Road must be generally in accordance with drawing
number 16636-SK01 Revision A prepared by TOD Noosa and include
sufficient detail:
i. To quantify the catchment and calculate runoff to the proposed inlet
and define overland flow component bypassing the inlet in a 1% AEP
event
ii. To demonstrate improved inlet capture
iii. To demonstrate how the adjacent 1in 4 fill batter is to be stabilised to
avoid scour when flows bypass the proposed inlet
iv. To demonstrate that cars parked in the adjacent carparking spaces
will not be flooded in a 1% AEP event
Geotechnical Stability Add for REC: - Subdivisional Requirements
23. All works must be carried out in accordance with a Geotechnical Report (or part
thereof) prepared by a qualified person* and endorsed through an Operational
Works approval.
*(Refer to Advisory Note)
24. Certification must be submitted to Council from a qualified person* which certifies
that the development has been constructed in accordance with the Geotechnical
Report for the development and that the development has a minimum factor of
safety against landslip of 1.5 in the long term.
*(Refer to advisory Note)
Earthworks and Retaining Walls
25. All fill and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
26. All retaining walls must be designed and constructed in accordance with the
planning scheme and must be certified by an RPEQ where exceeding 1.0m in
height. All retaining walls that are publicly accessible and exceed 1.0m in height
must be fitted with a commercial grade safety fence.
Damage to Services and Assets
27. Any damage caused to existing services and assets as a result of the
development works must be repaired at no cost to the asset owner at the
following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Page 9 of 22
Section 10
ORDINARY MEETING AGENDA 19 OCTOBER 2017
Landscaping Works
28. The development site must be landscaped. The works must be undertaken in
accordance with Planning Scheme Policy 3 – Landscaping Plants and Guidelines
for that specific area and must include in particular the works shown on the
Approved Plans.
29. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed
to grow to full form and be refurbished when its life expectancy is reached.
30. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
Retention of Existing Trees and Vegetation
31. All trees and vegetation identified for retention must be protected in accordance
with AS 4970, Protection of trees on development sites.
32. A “no clearing zone” must be established and maintained over the existing
vegetation on the subject site. The following activities must not be carried out
within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation
which is indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants.
The following exceptions apply:
i. declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003, and any
Council Listed Environmental Weeds, Exotic Grasses and other plants
identified in writing by Council
ii. indigenous native trees which pose a well-founded threat to persons or
property as approved in writing by Council
B. Find the following grounds are sufficient to justify the conflict with the Planning Scheme:
1. The proposed Entertainment & Dining business Type 1 Food & Beverage use is
associated with the Surf Club use.
2. The proposed development seeks to redevelop the existing surf club, will
maintain the same footprint and will result in a significantly improved facility for
residents and visitors to Sunshine Beach.
3. The proposal will result in improvements to existing on street car parking and
pedestrian access pathways in the area, improving access to car parking and
safety for pedestrians.
6 APPEAL NO. 3188 OF 2017 DEVELOPMENT APPLICATION TO EXTEND THE
RELEVANT PERIOD FOR DEVELOPMENT PERMIT TO RECONFIGURE A LOT (52 LOTS
& PARK) AT 191 HOLLETT ROAD, NOOSAVILLE
That Council note the report by the Manager, Development to the Planning & Environment
Committee Meeting dated 10 October 2017 regarding Planning & Environment Court Appeal
No. 3188 of 2017 and agree to defend the appeal.
Recommendation
The Planning & Environment Committee recommendations dated 10 October 2017 be adopted
except where dealt with or held over by separate resolution.
Page 10 of 22
Section 11
ORDINARY MEETING AGENDA 19 OCTOBER 2017
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 OCTOBER 2017 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington
& Frank Wilkie
Other Councillors in attendance: Crs. Ingrid Jackson, Brian Stockwell
1 FREE HOLIDAY BUSES 2017-18
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for consideration.
Reason for referral – Significance of issue
2 PROPOSED AMENDMENTS TO CURRENT LOCAL LAWS
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for consideration.
Reason for referral – S&O Committee Councillors suggest further amendments to the current
local laws
3 PROPOSED LOCAL LAW 7 (WASTE MANAGEMENT) 2017
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 10 October 2017 and:
A. Propose to make the proposed Local Law No. 7 (Waste Management) 2017 (provided
at Attachment 1) in accordance with Council Local Law Making Process;
B. Note that Council will comply with the procedures prescribed under section 15 of the
Local Government Regulation 2012 to review the possible anti-competitive provisions
in the proposed local law, which are identified in Attachment 2;
C. Note that Council will consult with relevant State Government entities about the overall
State interest in the proposed local law; and
D. Note that Council will consult with the public about the proposed local law for at least
21 days and comply with the requirements of the public consultation process as
outlined in Council’s Local Law Making Process.
4 WASTE MANAGEMENT CONTRACT VARIATION - 1,100 LITRE CARDBOARD SERVICE
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 10 October, 2017 and:
A. Agree to a variation in the Waste Management Contract with Cleanaway to include
the provision and servicing of an 1,100 litre cardboard recycling bin; and
B. Amend the Schedule of Commercial Charges to include a charge of $8.50 per week
excluding GST per collection for a 1,100 litre cardboard recycling bin.
5 DESIGNATING WASTE AND RECYCLING COLLECTION AREAS AND APPROVED
WASTE CONTAINERS
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 10 October 2017 and resolve to:
A. Define the Waste Collection Area for Noosa Shire as the area shown on Attachment 1
- Defined Waste Collection Area;
Page 11 of 22
Section 12
ORDINARY MEETING AGENDA 19 OCTOBER 2017
B. Define the Recycling Collection Area for recyclable waste in Noosa Shire as the area
shown on Attachment 2 - Defined Recycling Collection Area;
C. Approve the standard general waste containers to be used in Noosa Shire as detailed
in Attachment 3 to the report, “Approved Standard Waste Containers in Noosa Shire”;
D. Specify the minimum service frequency for domestic, commercial and industrial waste
containers as once per week, with provision for additional services or special services
up to a frequency of daily at the request of the owner, subject to approval by staff
depending upon location; and
E. Specify the minimum service frequency for recycling containers for recyclable material
as once per fortnight, with provision for additional services or special services at the
request of the owner, to a frequency as determined by staff depending upon the
location of the premises requesting the service.
6 FINAL SPORT AND ACTIVE RECREATION PLAN
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 10 October 2017 and
A. Approve the “Noosa Sport and Active Recreation Plan 2018” provided at Attachment 1
to the report; and
B. Request the Chief Executive Officer to develop a prioritised 2018/19 implementation
plan for consideration in the 2018/19 budget process.
7 NOOSA LOCAL DISASTER MANAGEMENT PLAN 2018
That Council note the report by the Disaster Management & Special Projects Officer to the
Services & Organisation Committee Meeting dated 10 October 2017 and:
A. Repeal the Noosa Local Disaster Management Plan 2016/2017;
B. Adopt the Noosa Local Disaster Management Plan 2018 as provided at Attachment 1
to the report for the period 20 October 2017 to 31 December 2018;
C. Devolve responsibility for updating and approving the operational appendices of the
Local Disaster Management Plan 2018 to the Noosa Local Disaster Management
Group; and
D. Adopt the list of members and advisors for the Noosa Local Disaster Management
Group as provided at Attachment 2 to the report.
8 UPDATE ON COUNCIL INFORMATION COMMUNICATION TECHNOLOGY (ICT)
SECURITY
That Council note the report by the ICT Manager to the Services & Organisation Committee
meeting dated 10 October 2017 providing an update on Council’s ICT security.
Recommendation
The Services & Organisation Committee recommendations dated 10 October 2017 be adopted
except where dealt with or held over by separate resolution.
Page 12 of 22
Section 13
ORDINARY MEETING AGENDA 19 OCTOBER 2017
AUDIT & RISK COMMITTEE RECOMMENDATIONS
13 OCTOBER 2017 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers
External attendees: Denis Byram and Anthony Randell (Queensland Audit Office – attended
via teleconference for items 5 & 7).
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the draft Audit Closing Report provided by the Queensland Audit Office
(QAO) to the Audit & Risk Committee meeting dated 13 October 2017.
2 AUDIT AND RISK COMMITTEE CHARTER, INTERNAL AUDIT & ACTION ITEMS
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 13 October 2017 and:
A. Adopt the updated Audit and Risk Committee Charter provided at Attachment 1 to the
report;
B. Adopt the updated Internal Audit Policy provided at Attachment 2 to the report; and
C. Note the Register of Action Items (provided at Attachment 3 to the report) providing an
update on the organisation’s progress in implementing previous internal and external
audit recommendations.
3 2016-17 ANNUAL FINANCIAL STATEMENTS
That Council note the report by the Manager Financial Services to the Audit & Risk
Committee Meeting dated 13 October 2017 and note that amended approve the sign off of
the 2016/17 Annual Financial Statements will be provided to the Committee for approval by
Flying Minute prior to sign off by the Mayor and Chief Executive Officer.
4 RISK MANAGEMENT AND GOVERNANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 13 October 2017 providing an update on Risk Management and Governance
matters.
5 ICT RISK MANAGEMENT UPDATE
That Council note the report by the ICT Manager to the Audit and Risk Committee Meeting
dated 13 October 2017 providing an update on ICT Risk Management, the draft Enterprise
Systems Change Management Policy and the draft Enterprise Systems Change
Management Guideline.
Recommendation
The Audit & Risk Committee recommendations dated 13 October 2017 be adopted except where
dealt with or held over by separate resolution.
Page 13 of 22
Section 14
ORDINARY MEETING AGENDA 19 OCTOBER 2017
GENERAL COMMITTEE RECOMMENDATIONS
16 October 2017 – Crs Frank Wilkie (Chair), Cr Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.
1. MCU17/0049 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
HOME BASED BUSINESS TYPE 3 SWIM SCHOOL AT 8 MCKENNA CT, NOOSAVILLE
That Council note the report by the Assistant Development Planner to the Planning &
Environment Committee Meeting dated 10 October 2017 regarding Application No.
MCU17/0049 for a Development Permit for (Home Based Business Type 3 - Swim School),
situated at 8 McKenna Ct Noosaville and:
A. Refuse the application for the following reasons:
1. The application is contrary to The Noosa Plan and Home-based Business Code
as the proposed use will adversely impact on the amenity of surrounding
residents due to noise generated by the business and unsatisfactory provision of
on-site car parking.
2. The applicant has not satisfactorily demonstrated that noise generated by the
business activities will be satisfactorily mitigated for surrounding residents.
3. The scale and nature of the business is not appropriate or relative to the
residential property and is likely to dominate and conflict with the surrounding
area given the number of classes and operating hours proposed.
4. A number of properly made submissions were received from surrounding
residents raising valid objections to the proposed business.
B. Advise the applicant that the business is currently operating in breach of the Noosa
Plan and the Planning Act 2016 and must cease operating by the 16 November 2017.
2. MCU16/0153 MATERIAL CHANGE OF USE OF PREMISES MULTIPLE HOUSING TYPE
4 CONVENTIONAL (38 UNITS) VISITOR ACCOM TYPE 4 CONVENTIONAL (12 UNITS)
& REC16/0041 RECONFIGURATION OF A LOT (1 LOT INTO 29 LOTS) 215 DAVID LOW
WAY PEREGIAN BEACH QLD 4573
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 October 2017 and refuse Applications MCU16/0153 for a
Development Permit for Development Permit for Material Change of Use of Premises -
Multiple Housing Type 4 Conventional (26 units) Visitor Accommodation Type 4
Conventional (20 units) shared Multiple Housing Type 4 Conventional and Visitor
Accommodation Type 4 Conventional (12 units) (Total 58 units) and REC16/0041 for the
Reconfiguration of a Lot (1 Lot into 29 Lots), situated at 215 David Low Way Peregian Beach
for the following reasons:
1. The proposal development is in conflict with the tourism objectives of the planning
scheme as set out in the:
(i) Desired Environmental Outcomes; and
(ii) Overall Outcomes for the Eastern Beaches Locality Code,
of the Noosa Plan.
2. The proposed development is an inconsistent use in the Open Space Recreation Zone.
3. The proposed development is for a scale and form of buildings which is incompatible
with the informal beachside character of the Eastern Beaches Locality and is contrary
to the Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the
proposal is for multiple housing, a form of development which under the Planning
scheme is limited to Sunshine Beach.
Page 14 of 22
Section 15
ORDINARY MEETING AGENDA 19 OCTOBER 2017
4. The proposed development ignores the Council’s long-held planning strategy whereby
the site is to be retained for low-cost visitor accommodation.
5. The proposal presents an unacceptable development outcome with respect to
adjoining properties in Rufous Street.
6. The development provides for an inadequate number of car parking spaces.
7. The application has not demonstrated sufficient planning or community need to justify
setting aside the clear conflicts with the Noosa Plan.
8. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the
safety of people and property in the event of a bushfire.
9. The applicant has not sufficiently demonstrated that the development will not adversely
impact upon the specialised habitat for threatened species through discharge of
stormwater through the wetland areas of the National Park.
10. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state
significance have not been adequately addressed.
11. A number of properly made submissions have been received raising valid grounds of
objection.
3. FREE HOLIDAY BUSES 2017-18
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 10 October 2017 and:
A. Agree to provide Free Holiday Buses for the Christmas (26 December 2017 to 5
January 2018) and Easter (30 March 2018 to 8 April 2018) periods including the Boreen
Point – Tewantin FlexiLink and Council Cabs services;
B. Accept TransLink’s quotation of $35,988 (excl GST) for the Christmas Free Holiday
buses for Routes 626, 627, 628, 629 and 632;
C. Accept Transit Australia Group’s (Sunbus) quotation of $35,377 (excl GST) for a shuttle
service between Peregian Beach and Noosa Heads for both the Christmas and Easter
periods;
D. Approve the installation of temporary decals on the Peregian - Noosa Heads Shuttle at
an estimated cost of $5,740 (excl GST);
E. Delegate authority to the CEO to finalise negotiations with TransLink for the provision
of the Easter Free Holiday buses for Routes 626, 627, 628, 629 and 632;
F. Approve a marketing budget of $8,440 for the Christmas and Easter Free Holiday
Buses;
G. Approve a budget of $3,526 for a Sunbus passenger assistant to be located at the
Hastings Street bus interchange on 30 - 31 December 2017, 31 March 2018, and 7
April 2018;
H. Approve the use of Noosa Heads Lions Park as a car park for the Christmas (26
December 2017 to 7 January 2018) and Easter periods with the car park to be
managed by the Tewantin-Noosa Lions Club, and set the parking fee to $20 per day
or part thereof; and
I. Approve the allocation of 35.5 40% of the Noosa Heads Lions Park car parking revenue
to the Tewantin-Noosa Lions Club with the remaining revenue to come to Council and
applied towards the regeneration of the park.
J. That staff consider the viability of traffic and pedestrian management at the Noosa
Drive and Hastings St intersection during the peak Christmas period.
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Section 16
ORDINARY MEETING AGENDA 19 OCTOBER 2017
4. PROPOSED AMENDMENTS TO CURRENT LOCAL LAWS
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 October 2017 and:
A. Repeal Council’s current Local Law Making Process and adopt the updated Local Law
Making Process (as provided at Attachment 1);
B. Propose to make the proposed Administration and Other Local Laws (Amendment)
Local Law (No. 1) 2017 (as provided at Attachment 2);
C. Propose to make the proposed Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2017 (as provided at Attachment 3); with
the following further amendments:
i. For Subordinate Local Law No. 1 (Administration) 2015 Sch 10 (Installation of
advertising devices) include ‘For Lease’ signs within clause (d) and amend the
proposed clause (d)(v) to provide that all signs that relate to the sale/lease of a
property including sold/leased signs may only be displayed for 7 days following
the sale settlement or the signing of the lease;
ii. For Subordinate Local Law No. 2 (Animal Management) 2015 and Subordinate
Local Law No. 3 (Community and Environmental Management) 2015, update the
proposed amended definition of ‘urban area’ to reflect the following – “Urban
area” means the area within the “urban footprint” as that expression is defined in
the South East Queensland Regional Plan 2017 (“the SEQ Regional Plan”) and
more precisely defined in the maps that accompany the SEQ Regional Plan,
including the maps titled SEQ Regional Plan 2017 Regulatory Map SEQ RP1
and SEQ Regional Plan 2017 Regulatory Map SEQ RP 4.
D. Note that Council will comply with the procedures prescribed under section 15 of the
Local Government Regulation 2012 to review the possible anti-competitive provisions
in the proposed amending local laws;
E. Note that Council will consult with the public about the proposed amending local laws
for at least 21 days and comply with the requirements of the public consultation process
as outlined in the local law making process;
F. Authorise the CEO to make any minor formatting amendments to the proposed
amending local laws (if required) prior to the public consultation.
5 EXPRESSIONS OF INTEREST RESULTS FOR THE COMMERCIAL LEASE OF
COUNCIL LAND AT 4 JARRAH ST, COOROY
That Council note the report by the Property Advisor to the General Committee Meeting dated
16 October 2017 regarding the expressions of interest process undertaken for the
commercial lease of Council land at 4 Jarrah St Cooroy (formally described as Lot 2
RP176126), and:
A. Agree to enter a commercial lease of the site to Eco Cottages Pty Ltd for a four (4) year
term;
B. Agree to an initial rent-free period of 4 months and deferral of a further 3 months’ rent
payments to the second year of the lease; and
C. Authorise the CEO to award two subsequent lease extensions of 3 years, subject to
the lessee complying with the terms of the lease.
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Section 17
ORDINARY MEETING AGENDA 19 OCTOBER 2017
6 FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 October 2017 outlining September year to date financial performance
against budget.
Recommendation
The General Committee recommendations dated 16 October 2017 be adopted except where dealt
with or held over by separate resolution.
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Section 18
ORDINARY MEETING AGENDA 19 OCTOBER 2017
7 ORDINARY MEETING REPORTS
1. NOOSA SUSTAINABILITY INSTITUTE PROPOSAL BY CSIRO’S DATA61
Document i nformati on
Author Director of Environment and Sustainable Development, Kim Rawlings
Environment and Sustainable Development
Index ECM/Projects & Contracts/Data61
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Environment and Sustainable Development to the
Ordinary Meeting dated 19 October 2017 and
A. Agree to the appointment of CSIRO’s Data61 to undertake research into the concept of an
institute of sustainability in Noosa;
B. Enter into the arrangement with Data61 in accordance with section 235(a) of the Local
Government Regulation 2012;
C. Approve the staged investigation and business case development of establishing a
Sustainability Institute in Noosa;
D. Refer funding for Stage 1 of the project to the next budget review; and
E. Consider funding of Stage 2 and 3 of the project at a future Council meeting, following the
review of the outcomes of Stage 1.
REPORT
This report seeks Council's consideration of a proposal to explore the concept of developing a
world class Institute of Sustainability (actual name to be determined) in Noosa. Council officers
have been in consultation with CSIRO’s Data61 unit to develop a proposal to explore this
concept and prepare an initial business case for Council consideration.
1. Proposal Concept
Data61 (a leading digital research and data innovation CSIRO business unit) proposes to assist
Council in defining and potentially participating in a world class institute of sustainability. At this
stage the ‘institute’ is a concept only and may be achieved virtually or physically, the structure and
feasibility of both will be explored and tested as part of this initiative.
Council has placed significant emphasis and focus on sustainability, plus leadership for its
community around sustainable practises for its natural and built environment. It has actively sought
to continue to develop Council's credentials and expertise in this area. Many current Council
initiatives provide tangible evidence of this, including, but not limited to the adoption of the Zero
Emissions Noosa Organisational Strategy 2016 – 2026.
Council has demonstrated an ongoing active interest and commitment in strengthening its focus
on sustainability and having a leadership role in the application of sustainability thinking and
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Section 19
ORDINARY MEETING AGENDA 19 OCTOBER 2017
practises. The idea of the establishment of a Sustainability Institute being a platform or focal point
to advance and test Noosa’s sustainability efforts with various research institutes and other
partners is considered a logical next step for Council in this arena. Attracting tertiary institutions
and post-graduate studies in Noosa can have significant flow-on benefits for the economy and the
community.
Council staff have been discussing this concept with Data61 with a view to establishing a world
class “think tank” focused on sustainability, the working name for the concept at this point is the
“Noosa Sustainability Institute”.
Beyond the idea of a ‘think tank’ the intent would be to ensure the conversion of best practice
research into effective and implementable action, to provide an avenue and focal point that brings
together researchers, government and community to more effectively promote, facilitate, test and
innovate different sustainability measures and approaches to real challenges and opportunities
within our environment and communities.
It is anticipated that, should Council endorse this initiative, a draft business case and proposed
operational model would be completed by end June 2018.
2. Strategic Alignment and Benefits
This proposal aligns strongly with a range of Council’s key corporate and strategic plans, which
outline specific objectives for Noosa to be well managed and sustainable, to ensure our economy
is diverse and resilient, to engage with our community using best practice and to ensure
sustainability principles are at the heart of all we do.
Councils’ Local Economic Plan (LEP) specifically articulates a vision for Noosa to have ‘a dynamic
and resilient economy for generations to come’. The achievement of this is underpinned by a set
of clear objectives in this plan to strengthen and diversify the economy, to explore and develop
collaborative models and partnerships, to connect and share knowledge and data and to utilise
and leverage the strong Noosa Brand and commitment to sustainability. Education is identified as
a key sector.
Strategically there is strong alignment to Council’s LEP and the success of this initiative would
assist in achieving many of the objectives and actions it articulates.
Council has received a proposal from Data61 to partner in the development of this concept. It is
proposed that the establishment of a Sustainability Institute could have a wide range of benefits to
Noosa including but not limited to:
Being a base for trialling world-leading sustainability practices;
Providing a mechanism for the community to be involved in sustainability initiatives;
Being a focal point for additional investment in local activities;
Helping to establish a high profile university presence in Noosa;
Enhancing Science Technology Engineering and Maths (STEM) activities with local schools;
Reinforcing Noosa's brand as a leader in sustainability;
Improving local eco-tourism opportunities; and
Seeding local start-up businesses focussed on sustainability solutions and technologies.
Data61 have also stated in their proposal that they are "very open to the idea of partnering with
Noosa Council and other potential research partners to establish the institute and have a
contribution to the research program."
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Section 20
ORDINARY MEETING AGENDA 19 OCTOBER 2017
3. Methodology, Stages and Deliverables
The first step of this process will be to explore and establish the idea of a ‘Sustainability Institute’,
its focus, scope and potential structure. This process of exploration is intended to involve extensive
research into global best practice, community and stakeholder engagement, exploration of
potential linkages with other institutes and partners and, importantly, defining the outcome sought
in a manner that is appropriate to, and that differentiates, Noosa.
It is considered appropriate to undertake this initiative in stages, allowing Council to input, review
and consider the outcomes of each stage prior to advancing to the next stage.
The following table provides a brief outline of proposed stages, outputs, indicative timing and
budget.
Stages Proposed Timing Cost
Stage 1 - Exploration and research of global best practice January 2018 $38,900
examples and options of sustainability research institute
structures. Report on the outcomes of this stage.
Stage 2 – Subject to outcome of Stage 1 April - May 2018 $44,000*
Progress the development of preferred approach to
Institute concept, structure and model including initial
community, stakeholder and potential partner
engagement. This stage will also Identify necessary
actions required for the establishment of the Institute.
Stage 3 - Draft business case and recommendations on End June 2018 $45,000*
possible operating models.
*Stage 2 and 3 costs and timing are indicative and may change depending on outcomes and
agreements from Stage 1
4. Procurement
CSIRO’s Data61 is a specialised agency who will provide specific outcomes for Council with
respect to this project (in particular due to their strong networks with other CSIRO units, educational
institutions and other state and federal government agencies). Whilst Data61 has contractual
arrangements in place with both State and Federal agencies, Council is unable to appoint them
directly under any of these arrangements.
As such, it is considered appropriate to apply section 235(a) of the Local Government Regulation
2012 relating to procurement exceptions for medium-sized and large-sized contractual
arrangements:
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Section 21
ORDINARY MEETING AGENDA 19 OCTOBER 2017
Finance & Risk
Finance
Given the emergent nature of this initiative, funding for this project will be required at the next
budget review. It is proposed to fund stage 1 only, with Council to consider the merits or otherwise
of proceeding with the remaining stages following stage 1 completion. Should the project proceed
after stage 1 is completed, a further funding request will be brought forward to the April 2018 budget
review.
Consultation
External Consultation - Community & Stakeholder
Nil at this point, however should Council agree to undertake this initiative, community and
stakeholder engagement will occur throughout its development.
Internal Consultation
Leadership Team
Procurement
Departments/Sections Consulted:
x Chief Executive Officer Community Services x Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
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 21 of 22
Section 22
ORDINARY MEETING AGENDA 19 OCTOBER 2017
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held at 6pm on 16 November 2017 at the Sunshine Beach
State School Hall, Bicentennial Drive, Sunshine Beach, Queensland.
10 MEETING CLOSURE
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