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                    AGENDA


           Ordinary Meeting

         Thursday, 15 January 2015

                  commencing at 6pm
        Council Chambers, 9 Pelican Street, Tewantin




Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2

ORDINARY MEETING AGENDA                                       15 JANUARY 2015


TABLE OF CONTENTS

ITEM                                                                       PAGE
1      ATTENDANCE & APOLOGIES                                                 3
2      CONFIRMATION OF MINUTES                                                3
3      MAYORAL MINUTES                                                        3
4      NOTIFIED MOTIONS                                                       3
5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                             4
       GENERAL COMMITTEE RECOMMENDATIONS                                      4
6      ORDINARY MEETING REPORTS                                              21
       1   FURTHER REPORT - APPLICATION FOR REFERRAL AGENCY
           RESPONSE DETACHED HOUSE SITUATED AT 62 PARK RD, NOOSA
           HEADS RAP14/0029                                                  21
       2   FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE OF
           PREMISES - RETAIL BUSINESS TYPE 2 SHOP & SALON SITUATED AT 13
           NOOSA DRIVE, NOOSA HEADS MCU14/0087                               30
7      PETITIONS                                                             32
8      CLOSED SESSION                                                  32
9      NEXT MEETING                                                          32
10     MEETING CLOSURE                                                       32




                                                                  Page 2 of 32

Section 3

ORDINARY MEETING AGENDA                                        15 JANUARY 2015



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 18 December 2014 be received and
    confirmed.




3   MAYORAL MINUTES

    Nil.




4   NOTIFIED MOTIONS

    Nil.




                                                                     Page 3 of 32

Section 4

ORDINARY MEETING AGENDA                                                        15 JANUARY 2015


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS

GENERAL COMMITTEE RECOMMENDATIONS
12 JANUARY 2015 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Frank Wilkie and Noel Playford

1    QUEENSLAND PLANNING REFORM INCLUDING PLANNING AND DEVELOPMENT
     BILL
     That Council note the report by the Principal Strategic Planner and the Manager, Planning
     & Environment to the General Committee dated 12 January 2015 and request the Chief
     Executive Officer to make a submission to the Parliamentary Committee Dept of State
     Development, Infrastructure and Planning regarding the following points:
     A.     The Planning & Development Bill and Planning & Development Regulations are not
            clear in the decision rules, particularly for those applications which conflict with the
            planning scheme. It is considered that where an application conflicts with the
            planning scheme, the onus of proof should be on the applicant to prove the merits
            of the proposal and justify any inconsistencies;
     B.     The Planning & Development Bill includes a clause that allows a regulation to
            prescribe the assessment manager for a development application as any person
            from a class of persons who have stated qualifications or characteristics. It is
            unclear whether this will result in an additional class of private entities (chosen by
            the Minister) being identified as assessment managers in place of councils for
            particular applications.    This is of significant concern as experience has
            demonstrated that private building certification has not always been successful in
            implementing planning scheme requirements. This is particularly important for any
            operational works applications that include works which are to become a public
            asset and be maintained at ratepayers expense;
     C.     The Planning & Environment Court Bill maintains the specific criteria for making a
            costs order introduced with the Sustainable Planning and other Legislation
            Amendment Bill 2012. These rules do not serve the public interest of enabling the
            community, submitters, local governments and developers to dispute planning
            decisions due to the risk and uncertainty of the Court awarding costs against them.
            The previous Court powers to award costs in circumstances where cases were
            frivolous or vexatious or instituted primarily to delay or obstruct are considered
            sufficient protections from abuse of the system;
     D.     The definition of material change of use should not be limited to only increases in
            scale and density of the premises, as there are circumstances where reducing the
            scale of the development does materially change the site’s use. This is particularly
            relevant for developments which include an important community use or the like.
            For example removing the nursing home component from a retirement village may
            have a significant social impact on an area; and
     E.     The Planning & Development Bill maintains and extends the time frame for
            applicants to be able revive a development application where it lapses. This ability
            is not consistent with the principles for the DA Rules of being an applicant driven
            process, and is likely to create administrative problems for Councils and lead to
            significant confusion for the community, particularly submitters.
     F.     As Noosa Council values community engagement in its planning and development
            decisions, we have concerns regarding changes that may serve to inhibit, obstruct
            or minimise resident input. Reductions in public notification periods and removal of
            existing requirements for notices to be placed in local newspapers are thus not
            supported and there should be a minimum notification period for applications of 20
            business days. We also have concerns about the proposal that an applicant may

                                                                                      Page 4 of 32

Section 5

ORDINARY MEETING AGENDA                                                       15 JANUARY 2015


          choose to publicly notify a development application as early as 5 days after the
          development application is properly made. We believe submitters are better served
          under the current arrangement where public notification is able to occur following
          the information request period;
    G.    Noosa Council has long enjoyed a locally popular planning scheme that effectively
          controls development and sets key population targets that we believe best support
          public infrastructure and community wellbeing. We thus have concerns that the
          proposals may result in arbitrary changes to our planning scheme;
    H.    Noosa Council does not support proposed changes relating to Community
          Infrastructure designation that will remove local government powers to designate
          infrastructure. Nor do we support the proposal for the State Planning Minister to be
          the sole designating Minister for Infrastructure Designation in Queensland and to
          thus choose what developments can proceed, be they public or private
          infrastructure, and have them exempt from planning scheme requirements and from
          infrastructure charges; and
    I.    The maximum infrastructure charges prescribed by legislation remain unchanged
          since being introduced in 2011. Infrastructure charges have dropped in real terms
          due to indexation not being applied. This prohibits councils from making charges
          that reflect the actual current costs of building infrastructure. Thus the proportional
          costs of public infrastructure related to new development are being met by the
          community. Meanwhile the State Government adds 3.5% annual indexation to its
          own fees and charges. Noosa Council thus requests that annual automatic
          indexation of the current maximum capped charges be introduced to reflect
          increasing costs of providing infrastructure.


2   OPERATIONAL WORKS FOR PRESCRIBED TIDAL WORKS JETTY SITUATED AT 256
    GYMPIE TERRACE, NOOSAVILLE OPW14/0307
    That Council note the report by the Development Engineer to the General Committee
    Meeting dated 12 January 2015 regarding Application No. OPW14/0307 for a Development
    Permit for Operational Works for Prescribed Tidal Works – Commercial Jetty situated at
    256 Gympie Terrace, Noosaville and approve the application in accordance with the
    following conditions:
    1.   Development undertaken in accordance with this approval must generally comply
         with the approved plans of development. The approved plans are listed in the table
         below and as may be amended by these conditions.

          Plan No.        Rev.   Plan/Document Name                                  Date
          4656-100        -      General Notes & Locality Plan, prepared by          29 May 2014
                                 International Marina Consultants Pty Ltd
          4656-101        -      Demolition Plan, prepared by International Marina   28 May 2014
                                 Consultants Pty Ltd
          4656-102/A      A      General Arrangement, prepared by International      16 October 2014
                                 Marina Consultants Pty Ltd
          4656-103/A      A      Elevation, prepared by International Marina         16 October 2014
                                 Consultants Pty Ltd
          4656-104/A      A      Pile Layout, Profile and Schedule, prepared by      16 October 2014
                                 International Marina Consultants Pty Ltd
          4656-105/A      A      Pontoon Setout, prepared by International Marina    16 October 2014
                                 Consultants Pty Ltd
          4656-106        -      1.2m Overall Width x 7.5 Long Gangway, prepared     30 May 2014
                                 by International Marina Consultants Pty Ltd
          4656-109        A      Pontoon Setout, prepared by International Marina    30 May 2014
                                 Consultants Pty Ltd

                                                                                     Page 5 of 32

Section 6

ORDINARY MEETING AGENDA                                                          15 JANUARY 2015


    2.    All structures associated with the use (jetty and pontoons) must be constructed
          wholly within the lease area as shown on SP146043 dated 4 December 2013.
    3.    To ensure the safety of persons accessing the approved works and to prevent
          environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and
          associated pipework, valves, vents and systems shall be conducted by a suitably
          qualified professional and submitted to Council for approval. The audit shall
          demonstrate that the fuel systems are in a safe and serviceable condition or, where
          necessary, identify repair and rectification requirements to meet the relevant
          Australian Standards and industry best practice environmental management. Any
          repair works must be completed, with certification submitted by the auditor to Council,
          prior to the use of the new works (pontoon/jetty extensions).
    4.    Structures shall be designed and constructed such that they are free standing within
          the waterway and are not connected to or behind the revetment wall or rock wall.
    5.    No posts or vertical supports of the proposed structures are to extend vertically above
          the height of the new piles.
    6.    No boatlifting devices are to be attached or moored at the jetty structure for the
          purpose of elevating a vessel above the water without Council approval.
    7.    The jetty shall be constructed in a manner to render the underside area vermin proof.
    8.    The connection point for any electrical reticulation system extending beyond the
          revetment wall must be located above the Q100 flood level.
    9.    Lighting associated with the use shall be designed, installed, operated, and
          maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects
          of Outdoor Lighting.
    10.   Boat repair activities will not be permitted on site.
    11.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
    12.   The mooring facility shall not be utilised for live-aboard purposes.
    13.   Any construction and post construction activity is not to impact on the condition of the
          waterway, and is to be conducted so as not to breach the Environmental Protection
          Act (EPA) 1994 and the Environmental Protection (Water) Policy 1997.
    14.   Certification by a Registered Professional Engineer of Queensland (RPEQ) shall be
          submitted to Council. The certification shall state that the works have been
          constructed in accordance with best practice methods, are in accordance with
          Coastal Protection and Management Act 1995, are structurally sound and will have
          no detrimental effect on the river bed or river bank.
    15.   A final inspection and approval of the structure by Council’s Inspector is required.
          Please contact Council’s Planning Assessment Section to arrange the inspection.
    Advisory Notes
    1.    Council has undertaken an audit check of the Operational Works drawings in relation
          to the proposed works. A detailed design check of the calculations and drawings has
          not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full
          responsibility for all aspects of the engineering design. Council reserves the right to
          require further amendments and/or additions at a later date, should design errors
          become apparent.
    2.    Council reserves the right to call up any performance bond held or levy charges
          against the property, should emergency works be required to be undertaken by
          Council to make the site safe due to inactivity on the development site for extended
          periods of time.


                                                                                     Page 6 of 32

Section 7

ORDINARY MEETING AGENDA                                                      15 JANUARY 2015


    3.   Should any changes or modifications to the approved plans be required as a result of
         construction constraints, a “Request to change an existing approval” under the
         Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the
         changes must be lodged with this application along with the appropriate fees.
    4.   The Environmental Protection Act 1994 states that a person must not carry out any
         activity that causes, or is likely to cause, environmental harm unless the person takes
         all reasonable and practicable measures to prevent or minimise the harm.
         Environmental harm includes environmental nuisance. In this regard, persons and
         entities involved in the construction and operation of this development are to adhere
         to their ‘general environmental duty’ to minimise the risk of causing environmental
         harm.
    5.   Pursuant to the Building and Construction Industry (Portable Long Service Leave)
         1991 Act if the cost of operational works exceeds $80,000, then a portable long
         service leave levy is required to be paid. In accordance with Section 77.(1) of the Act,
         Council is required to sight the approved form issued by the Building and
         Construction Industry (Portable Long Service Leave) Authority that confirms that the
         requirements of the Act have been satisfied. A statutory declaration outlining the cost
         of the operational works must be submitted to Council prior to commencement of
         work.


3   APPLICATION FOR REFERRAL AGENCY RESPONSE DETACHED HOUSE SITUATED
    AT 62 PARK RD, NOOSA HEADS RAP14/0029
    That Council note the report by the Development Planner to the General Committee
    Meeting dated 12 January 2015 for a Referral Agency Response for a Detached House at
    62 Park Rd, Noosa Heads and Approve the application in accordance with the conditions
    contained on the General Committee Agenda dated 12 January 2015 note that a reviewed
    report will be presented to the Ordinary Meeting dated 15 January 2015.


4   COMBINED DEVELOPMENT APPLICATION MCU14/0077 FOR WAREHOUSE AND
    SHOWROOM (PLUMBING SUPPLIES) & OPW14/0324 FOR OPERATIONAL WORKS
    10/100 RENE STREET, NOOSAVILLE
    That Council note the report by the Development Planner to the General Committee
    Meeting dated 12 January 2015 regarding Application No. MCU14/0077 for a Development
    Permit for Industrial Business Type 1 – Warehouse & Retail Business Type 4 – Showroom
    (trade related showroom, plumbing supplies) and OPW14/0324 for Operational Works
    (Stormwater Drainage, Landscaping, Car Parking and Access Driveway) situated at 10/100
    Rene Street, Noosaville and:
    A.   Approve the application in accordance with the following conditions:
         MATERIAL CHANGE OF USE
              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.


                                                                                   Page 7 of 32

Section 8

ORDINARY MEETING AGENDA                                                          15 JANUARY 2015


         Plan No.     Rev.     Plan, prepared by                                  Date
         DD201        J        Floor Plan, prepared by Cool Architecture          14 October 2014
         DD301        J        Roof Plan, prepared by Cool Architecture           14 October 2014
         DD401        J        Rene Street Streetscape North Elevation,           14 October 2014
                               prepared by Cool Architecture
         DD402        J        Eastern Elevation & Western Elevation,             14 October 2014
                               prepared by Cool Architecture
         DD403        J        South Elevation, prepared by Cool Architecture     14 October 2014
         2864-1       B        Cover Sheet, prepared by Construction              15 October 2014
                               Hydraulic
         2864-OP2     C        Stormwater Management Plan, prepared by            15 October 2014
                               Construction Hydraulic
         2864-OP3     C        Stormwater Quality & Quantity Details, prepared    15 October 2014
                               by Construction Hydraulic

         2864-OP4     A        Stormwater Quality Maintenance, prepared by        15 October 2014
                               Construction Hydraulic
         DD701        J        Landscaping Plan, prepared by Cool                 14 October 2014
                               Architecture
         DD702        J        Landscaping Notes & Schedules, prepared by         14 October 2014
                               Cool Architecture
             Building Height
        3.   The maximum height of the development must not exceed 8 metres above the
             finished ground level and the natural ground level.
             Performance Bond
        4.   Security in the form of a cash bond or trading bank guarantee to the sum of
             $10,000 must be submitted to Council, to secure performance of all conditions
             of this approval, prior to pre-start meeting. 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.
             Street Identification
        5.   The street address of the development must be clearly visible and discernible
             from the primary frontage of the site by the provision of a street number and,
             where appropriate, the building name.
             Building Appearance
        6.   All air conditioning units or other mechanical equipment must be fully enclosed
             or screened such that they are not visible from the street frontages nor
             adjoining properties.
             Water & Sewer Connections
        7.   An underground connection to reticulated water and sewerage must be
             provided to the development site in accordance with the standards and
             requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
        8.   A Certificate of Completion from the Northern SEQ Distributor–Retailer
             Authority (Unitywater) must be submitted to Council that certifies an
             underground connection to reticulated water and sewerage has been provided
             to the development site.



                                                                                     Page 8 of 32

Section 9

ORDINARY MEETING AGENDA                                                     15 JANUARY 2015


              Landscaping
        9.    The development site must be landscaped. The works must be undertaken in
              accordance with The Noosa Plan, Planning Scheme Policy PSP03
              Landscaping Plants and Guidelines and the approved plans.
        10.   Dense screening vegetation must be provided for the full length of the black
              PVC chainlink fence and the bin enclosure along the Rene Street frontage.
        11.   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.
        12.   All landscape works must be maintained generally in accordance with the
              approved design for the life of the development.
              Site Access and Driveways
        13.   A sealed access driveway must be provided from the common property road to
              all parking and manoeuvring areas of the development. The works must include
              in particular a driveway crossover in accordance with IPWEAQ standard
              drawing SEQ R- 051 or R-052
              Car Parking
        14.   A minimum of 17 car parking spaces must be provided and marked on the site.
              The car parking must be made available and accessible at all times while the
              use is open for business. The works must include in particular:
              a.   carspaces 1-5 and 12-15 must be allocated as staff parking spaces
              b.   1 disabled parking space within the total
              c.   crossfalls and gradients in accordance with Australian Standard AS2890:
                   Parking Facilities
              d.   wheel stops for carspaces 7-12 to prevent vehicles entering the biobasin.
                   The wheel stops must be designed and installed in accordance with
                   AS/NZS2890.1:2004.
        15.   All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all
              times.
        16.   Directional signage must be provided to direct visitors and customers to the car
              parking spaces provided on site.
              Service Vehicles
        17.   Service vehicle parking, manoeuvring and standing spaces must be provided
              on the site.
              Stormwater Drainage & Quality
        18.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge.
        19.   Any overflow from rainwater tanks installed on site must receive treatment
              within the bioretention basin prior to release from the site.
              Earthworks and Retaining Walls
        20.   All fill and associated batters must be contained entirely within the subject site
              unless written permission from the respective landowner(s) is provided to
              Council. All earthworks must be undertaken in accordance with the provisions


                                                                                  Page 9 of 32

Section 10

ORDINARY MEETING AGENDA                                                   15 JANUARY 2015


              of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
              Residential Developments.
        21.   Where the development involves excavation or filling over, or adjacent to,
              drainage, water supply or sewerage infrastructure, all access chamber surface
              levels must be adjusted to provide a freeboard of 100mm above the finished
              ground surface level.
              Damage to Services and Assets
        22.   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.
              Signage
        23.   All advertising signage must comply with the Advertising Devices Code.
              Waste Management
        24.   Refuse storage, removal and collection facilities must be provided in
              accordance with the following:
              a.   provision of separate bins (240l wheelie bins or 1.1 m 3 bulk bins) for
                   general and recyclable waste for the site
              b.   collection by service vehicles from the kerbside of the internal common
                   property road frontage
              c.   provision of a hardstand impervious area within the site for the permanent
                   storage location of the bins, having minimum dimensions of 0.36 m 2
                   (600mm x 600mm) per bin
              d.   provision of a 1.5m high purpose built enclosure to the storage location
                   which is screened from the street
              e.   provision of a wash-down area in the vicinity of the permanent storage
                   location fitted with a hose-cock and a drain connected to the sewer that
                   has a stormwater catchment area of no more than 1m².

        OPERATIONAL WORKS
        Prior to Commencement of Works
        25.   Council must be contacted at least 5 working days prior to any works
              commencing to organise a prestart. The contact number to arrange a pre-start
              meeting is 5329 6244. The pre-start meeting must include the relevant parties
              for the following aspects of the works:
              a.   Civil engineering works;
              b.   Erosion and sediment control works
        26.   A Construction Management Plan must be submitted to Council prior to the pre-
              start meeting and must specifically address the following:
              a.   Traffic Management during all aspects of the construct phase including:
                   (i)    A Traffic Management Control Plan in accordance with Manual of
                          Uniform Traffic Control Devices (MUTCD) detailing all temporary
                          signage and traffic control measures prior to construction

                                                                               Page 10 of 32

Section 11

ORDINARY MEETING AGENDA                                                   15 JANUARY 2015


                   (ii)  Maintenance of safe pedestrian access across the frontage of the
                         site both during daily construction and after daily construction has
                         ceased
                   (iii) Proposed fencing to the site during the construction phase of the
                         development
                   (iv) Adequate parking arrangements for construction workers
              b.   Maintenance and protection of water quality and existing drainage lines
                   through the construction site through the implementation of appropriate
                   erosion and sediment control measures
              c.   Works program identifying key components of the works and their
                   respective durations
              d.   Establishment of a communication protocol with the general public,
                   adjoining owners, emergency services and local businesses to advise of
                   construction times, impacts on traffic and services and other relevant
                   issues
        27.   Any conflict between the development and an existing or proposed service
              must be referred to the relevant service authority for determination prior to
              commencement of works.
              During Construction
        28.   The developer must meet any costs to repair damage to any Council asset
              during construction, where damage is a result of the development works.
              Damage to assets must be repaired immediately where it creates a hazard to
              the community. In circumstances where the damage does not create a hazard
              to the community, it must be repaired immediately on completion of the works
              associated with the development. A condition report including photographs of
              the Rene Street frontage of the site should be completed and submitted to
              Council at the prestart meeting.
        29.   All works must be supervised by a Registered Professional Engineer of
              Queensland (RPEQ) who is independent of the Developer and Principal
              Contractor, and they must certify that all works conform to the Operational
              Works permit. Where municipal works are involved, such confirmation must be
              submitted for the respective hold points prior to any site inspection by Council
              Officers.
        30.   All works must be constructed in accordance with:
              a.   The approved plans/documents and conditions detailed in this Decision
                   Notice
              b.   All relevant Noosa Council Planning Scheme Policies, standard drawings,
                   standard specifications and guidelines
              c.   The latest version of the Healthy Waterways document “Water Sensitive
                   Urban Design Technical Design Guidelines for South East Queensland”
                   for all water quality devices to be constructed on site.
              Bioretention Basins
        31.   During construction and establishment of the bioretention devices, the
              supervising RPEQ must certify that the device was constructed in accordance
              with Construction and Establishment Guidelines: Swales, Bioretention Systems
              and Wetlands (Water by Design, 2009) and that the forms contained in section
              3.15 of the guidelines, including the associated supporting information and
              data, are completed. These forms and certification must be submitted to
              council prior to commencement of use.




                                                                               Page 11 of 32

Section 12

ORDINARY MEETING AGENDA                                                      15 JANUARY 2015


        32.   A construction hold point with a council delegate must be established once the
              contributing catchment is effectively stabilised with at least 80% groundcover,
              and bioretention device underdrainage pipe work is installed.
        33.   At the time of the construction holdpoint, a sample of the drainage layer,
              transition layer, and filtration media materials must be stockpiled onsite
              accompanied by laboratory results that demonstrate that the media complies
              with the specifications contained in the latest version of the Guidelines for Soil
              Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration)
              and that the minimum hydraulic conductivity of 180mm/hr or as specified on the
              approved engineering plans will be achieved.
        34.   The bioretention underdrains and cleanout points must be provided as uPVC
              pipe generally as shown on IPWEAQ Standard DrawingWSUD-003.
        35.   Where the bioretention filter media interfaces with stormwater pits and retaining
              walls, nonwoven geotextile must be fixed to the pit/retaining wall and extend
              300mm out into the filter media generally in accordance with IPWEAQ Standard
              Drawing WSUD-001 to prevent tunnelling of water along the interface.
        36.   All overflow pits within the bioretention devices must be provided with letterbox
              type grates in accordance with IPWEAQ Standard Drawing WSUD-001.
        37.   A minimum of five of the following species must be planted in the bioretention
              basin surface at a minimum density of 8 plants/m2:
              a.    Carex appressa.
              b.    Carex fascicularis.Ficinia nodosa.
              c.    Juncus usitatis.
              d.    Lomandra longifolia.
              e.    Ghania sieberiana.
        38.   Where landscaping/garden beds are proposed adjacent to the bioretention
              basin, a 900mm deep root barrier must be installed to the interface between the
              landscape/garden area and the bioretention basin.
        39.   Following Construction - Prior to issuing of a final compliance certificate, council
              must receive evidence that the results for the in situ hydraulic conductivity
              testing conducted in accordance with PRACTICE NOTE 1: In Situ
              Measurement of Hydraulic Conductivity (FAWB, April 2008) for the bioretention
              filter media achieve the design criteria.
        40.   Maintenance - All stormwater quality treatment devices must be maintained in
              accordance with the Maintaining Vegetated Stormwater Assets, Version 1
              (Water by Design, 2009). Records of all maintenance activities undertaken
              must be kept and made available to council upon request.
              Erosion and Sediment Control
        41.   Erosion and sediment control measures must be installed and maintained to
              minimise erosion on the site and to minimise the export of sediment and
              associated pollutants from the site. The erosion and sediment control measures
              must be designed, installed and maintained in accordance with current best
              practice standards.* Any waters discharged from the site in a 43mm rainfall
              event or less must contain less than 50mg Total Suspended Solids per Litre.
              (*refer to advisory notes)




                                                                                  Page 12 of 32

Section 13

ORDINARY MEETING AGENDA                                                        15 JANUARY 2015


        42.   Prescribed Water Contaminants (as defined in the Environmental Protection Act
              1994) must not be released from the site or to waters within the site, or be likely
              to be released should rainfall occur, unless all reasonable and practicable
              measures as detailed within the International Erosion Control Association Best
              Practice Erosion and Sediment Control Document (2008) are taken to prevent
              or minimise the release and concentration of contamination.
        43.   Prior to the the issue of the Certificate of Classification, all site surfaces must be
              effectively stabilised using methods which have achieved effective short-term
              stabilisation and which will continue to achieve effective stabilisation in the
              medium to long-term (refer to advisory notes). For the purpose of this condition,
              an effectively stabilised surface is defined as one that does not, or is not likely
              to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
              lead to sedimentation, or lead to water contamination.
        44.   Any exposed areas must be effectively stabilised without delay and prior to
              rainfall occurring.
              Works Within Road Reserve/Reinstatement
        45.   Safe pedestrian access on all streets in the vicinity of the development must be
              maintained at all times. Should footpath/road closures be necessary to carry out
              construction works, Council’s Engineering Officer must be notified prior to the
              proposed closure and all requirements complied with.
        46.   All frontage works must match neatly with existing road and verge/footpath
              features. Additional works beyond the frontage may be required to provide an
              acceptable transition to existing road and verge/footpath profiles. In this regard,
              any sections of the footpath in the common property frontage of the site that is
              either damaged or missing must be replaced as part of these works.
              Site Access and Driveways
        47.   Any existing unnecessary or redundant property accesses must be removed,
              and the kerb, footpath and verge area reinstated to match the existing footpath
              and/or verge treatments. Grassed verge areas to be reinstated must be
              provided with 100 mm topsoil and grass seed or turf, and must be maintained
              by the developer until established.
        48.   The following must be complied with during the construction of the required
              crossover/driveway:
              a.    The driveway must be constructed so as not to concentrate stormwater
                    runoff onto neighbouring properties or cause ponding of water within the
                    road reserve
              Earthworks
        49.   The finished surface levels of the site must be graded and shaped to ensure
              that all surface runoff is directed to the proposed drainage system and not
              directed on to any adjoining property.
        50.   All earthworks shall be undertaken in accordance with the provisions of AS
              3798 Guidelines on Earthworks for Commercial and Residential Development.
              Certification must be provided by an RPEQ and submitted to Council the issue
              of the Certificate of Classification for the building.
              Service Conduits under Existing Road Features
        51.   Electrical conduits or other services proposed to be installed under existing
              sealed carriageways, concrete pathways or concrete/sealed driveways must be
              installed by boring. Trenching is not permitted, unless specifically approved by
              Council.

                                                                                    Page 13 of 32

Section 14

ORDINARY MEETING AGENDA                                                     15 JANUARY 2015


              Supervision/Certification
        52.   Upon completion of the work a certificate must be issued by an RPEQ certifying
              that the works have been constructed in accordance with the Operational
              Works permit.
              Landscaping
        53.   The finished level of all mulch in garden beds must be a minimum of 50mm
              below the level of the adjacent top of pavement. All landscaping is to be
              constructed in accordance with Council’s Planning Scheme Policy PSP03
              Landscaping Plants and Guidelines.
        54.   All approved landscaping works must be maintained in good condition for the
              duration of the approved use.
        55.   All landscape works must be constructed and work procedure undertaken in
              accordance with:
              a.   The approved plan and conditions detailed in this Decision Notice.
              b.   All relevant council Planning Scheme Policies, standard drawings,
                   standard specifications and guidelines.
        56.   Landscape works must be supervised, constructed and certified by qualified
              persons*. (* Refer to Advisory Note)
        Advisory Notes
              Qualified Person – Landscaping
        1.    For the purpose of supervising landscape works and preparing a landscape
              certification, is considered to be a landscape architect, landscape designer or
              horticulturist with a minimum of three years current experience in the field of
              landscape design.
              Equitable Access and Facilities
        2.    The plans for the proposed building work have NOT been assessed for
              compliance with the requirements of the National Construction Code - Building
              Code of Australia (Volume 1) as they relate to people with disabilities. Your
              attention is also directed to the fact that in addition to the requirements of the
              National Construction Code as they relate to people with disabilities, one or
              more of the following may impact on the proposed building work:
              a.    the Disability Discrimination Act 1992 (Commonwealth);
              b.    the Anti-Discrimination Act 1991 (Queensland); and
              c.    the Disability (Access to Premises – Buildings) Standards.

              Development Compliance Inspection
        3.    Prior to the commencement of the use, please contact Council's Development
              Assessment to arrange a Development Compliance Inspection.
              Infrastructure Charges
        4.    This Development Permit will trigger an “Infrastructure Charge Notice” to be
              issued in accordance with Council’s “Adopted Infrastructure Charges
              Resolution” under the State Planning Regulatory Provision (Adopted Charges)
              and the Sustainable Planning Act 2009.
              General Advisory Notes
        5.    Council has undertaken an audit check of the Operational Works drawings in
              relations to the proposed works. A detailed check of the calculations and
              drawings has not been undertaken, as they have been certified by a RPEQ.
              The RPEQ bears full responsibility for all aspects of the engineering design.

                                                                                 Page 14 of 32

Section 15

ORDINARY MEETING AGENDA                                                      15 JANUARY 2015


              Council reserves the right to require further amendments and/or additions at a
              later date should design errors become apparent.
        6.    Council reserves the right to call up any performance bond held or levy charges
              against the property, should emergency works be required to be undertaken by
              Council to make the site safe due to inactivity on the development site for
              extended periods of time.
        7.    Should any changes or modifications to the approved plans be required as a
              result of construction constraints, a “Request to change an existing approval”
              under the Sustainable Planning Act 2009 must be made. Amended plans
              clearly indicating the changes must be lodged with this application along with
              the appropriate fees.
              Prestart, On and Off Maintenance Inspections Request
        8.    Contact Council on 5329 6244 to arrange a prestart or an inspection giving a
              minimum of 5 business days’ notice of preferred inspection time.

        9.    If Council officers are required to undertake additional inspections of the same
              works, a reinspection fee will be applicable in accordance with Council’s Fees
              and Charges register applicable at the time.
              Erosion and Sediment Control
        10.   Accepted best practice standards include:
              a.   the Sunshine Coast Regional Council Manual for Erosion and Sediment
                   Control V1.2 or other superseding document subsequently adopted by
                   Noosa Council;
              b.   Best Practice Erosion and Sediment Control, International Erosion
                   Control Association (2008)
        11.   As a general rule, a site is determined to have achieved effective short-term
              stabilisation if at the time of the request for “on maintenance”:
              a.     Methods of stabilisation are:
                          appropriate for slopes and slope lengths; and
                          are consistent with best practice environmental management
                            practices such as in the Manual for Erosion and Sediment Control
                            or the IECA Manual; and
                          Stormwater runoff from the site is not currently, and is not likely to
                            result in visible evidence of sedimentation or erosion, or lead to
                            water contamination.
        12.   If at the time of request for “on maintenance”, the method of short-term
              stabilisation has not achieved a level of stability that Council's Officers believe
              will have a high probability of achieving long term stability, Council Officers may
              take the following matters into consideration in determining whether the site is
              capable of achieving medium to long-term stability:
              a.     Evidence that the site has been effectively stabilised in the short term;
              b.     Evidence that soil has been adequately ameliorated;
              c.     Evidence that seed of annual and perennial grass species has been
                     applied at an adequate rate; and
              d.     That grass seed has germinated at a density that is likely to achieve an
                     effective grass cover.
              For example, while hydromulch can provide an immediate and effective
              stabilising cover to soils, the protective cover can be relatively short-lived if
              vegetation fails to establish before the thin layer of mulch decomposes. So if
              hydromulch is selected as the method of temporary short term stabilisation,
              Council Officers will seek to confirm that perennial as well as annual grasses
              are well established to reduce the risk of instability of the site in the medium to

                                                                                  Page 15 of 32

Section 16

ORDINARY MEETING AGENDA                                                         15 JANUARY 2015


               long term. As a general rule, hydromulch will only be accepted as a “patch” fix
               and should comprise no more than 20% of the exposed site area due to the
               high risk of failure. Due to the requirement to progressively stabilise exposed
               areas, it is not envisioned that this will present any difficulties for an
               appropriately managed and compliant site.
               Property Notation
               MCU14/0077 – Stormwater Treatment Device
               The following notation applies to the subject lot:
               This property is serviced by a bioretention basin water quality treatment device
               that must be maintained in accordance with the document titled Maintaining
               Vegetated Stormwater Assets, Version 1 (Water by Design, 2009). Records of
               all maintenance activities undertaken on stormwater quality treatment devices
               must be kept for a minimum of 5 years and made available to Council upon
               request.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The proposal adds to the range of businesses and employment opportunities in
               the Shire Business Centre
         2.    The trade related warehouse and showroom is more compatible with industrial
               uses when compared to typical retail uses and is therefore suitably located as
               proposed, being a transitional area between industrial and retail uses in the
               Shire Business Centre.



5   APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK SITUATED AT
    81 SHOREHAVEN DRIVE, NOOSAVILLE - RAP14/0040
    That Council note the report by the Development Planner to the General Committee
    Meeting dated 12 January 2015 regarding Application No. RAP14/0040 for a Concurrence
    Agency Response situated at 81 Shorehaven Drive, Noosaville and approve the application
    in accordance with the following conditions:
    PLANNING
         When Conditions must be Complied With
    1.   Unless otherwise stated, all conditions of this Concurrence Agency Response must
         be complied with prior to the use commencing, and then compliance maintained at all
         times while the use continues.
         Approved Plans
    2.   Development undertaken in accordance with this approval must generally comply
         with the approved plans of development. The approved plans are listed in the
         following table unless otherwise amended by these conditions.
          Plan No.            Rev.   Plan, prepared by                                      Date
          1416Asbuilt.dwg            Asbuilt Building Location, prepared by Sight Surveys   24/11/2014
          1410 – 10           B      Elevations 3 & 4, prepared by Design to Detail         15-07-14
         Performance Bond
    3.   Security in the form of a cash bond or trading bank guarantee to the sum of $2,000
         must be submitted to Council to secure performance of all conditions of this approval.
         The bond submitted for PBA14/0018 can be used for this condition. 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.

                                                                                     Page 16 of 32

Section 17

ORDINARY MEETING AGENDA                                                    15 JANUARY 2015


         Council reserves the right to call upon the bond or guaranteed sum to effect
         compliance with conditions.
         Noosa Waters Setback
    4.   The land area within 4.5 metres of the revetment wall must be developed in
         accordance with the following requirements:
         a.    a minimum of 25% of the area must be planted with shrubs.
         ab.   a maximum of 25% of the area must be under hard pavement and the balance
               must be turf or ground covers.
         bc.   any tree species planted must not have a mature height that exceeds 3 metres.
         cd.   two (2) trees of suitable species must be planted adjacent to the steel columns
               and the concrete plinths to both the eastern and western boundaries. The
               planted vegetation must have a minimum pot size of 45 litres, have a minimum
               spacing of 1.5m and consist of native, endemic species with a mature height of
               not more than 3 metres. The trees must be planted in accordance with
               Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
         de.   all land within 1 metre from the revetment wall must not be planted with shrubs,
               and instead must be provided with either turf or ground cover.
         ef.   any side boundary fencing within 4.5 metres of the revetment wall must taper
               down to a maximum height of 1.2 metres at the revetment wall, and must have
               a height not exceeding 1.5 metres at a distance of 2.25 metres from the
               revetment wall.



6   ENVIRONMENT LEVY POLICY
    That Council note the report by the Principal Environment Officer to the General Committee
    Meeting dated 12 January 2015 and
    A.   Adopt the Noosa Environment Levy Policy as set out in Attachment 1;
    B.   Endorse the development of an Environment Levy Guideline to guide the
         implementation of the Environment Levy Policy;
    C.   Endorse the development of Strategic Biodiversity Corridor maps to assist with the
         implementation of the Environmental Levy; and
    D.   Endorse the formation of an Environment Levy Working Group consisting of the
         Council staff identified in the report minus the Coordinator Financial Services but
         including and Councillor Wellington.




7   NOOSA LOCAL GOVERNMENT AREA PEST MANAGEMENT PLAN
    That Council note the report by the Principal Environment Officer to the General Committee
    Meeting dated 12 January 2015 and:-

    A.   Note that the Pest Management Plan Stakeholder Group has prepared a Draft Noosa
         Local Government Area Pest Management Plan 2015-2019; and
    B.   Approve the undertaking of a 28 day public consultation process for the Draft Noosa
         Local Government Area Pest Management Plan 2015-2019, as a requirement of the
         Land Protection (Pest and Stock Route Management) Act 2002.


                                                                                Page 17 of 32

Section 18

ORDINARY MEETING AGENDA                                                                                           15 JANUARY 2015


8                         PLANNING & ENVIRONMENT COURT APPEAL D194 OF 2014 FOR SELF STORAGE
                          FACILITY AND SIGNAGE AT 64-66 RENE ST NOOSAVILLE MCU14/0049 &
                          OPW14/0276
                          That Council note the report by the Manager, Planning & Environment to the General
                          Committee Meeting dated 12 January 2015 regarding Planning and Environment Court
                          Appeal D194 of 2014 and agree to defend the appeal.


9                         APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES - RETAIL BUSINESS
                          TYPE 2 SHOP & SALON SITUATED AT 13 NOOSA DRIVE, NOOSA HEADS
                          MCU14/0087      Document in for matio n




                          That Council note the report by the Manager, Planning & Environment to the General
                          Committee Meeting dated 12 January 2015 regarding Application No. MCU14/0087 for a
                          Development Permit for Retail Business Type 2 – Shop & Salon situated at 13 Noosa
                          Drive, Noosa Heads and approve the application in accordance with the conditions
                          contained in the General Committee Agenda dated 12 January 2015 note the issue be
                          further considered at the Ordinary Meeting to allow Councillors time for a site visit.


10                        WAIVER OR PARTIAL WAIVER OF DEVELOPMENT APPLICATION CHARGES FOR
                          1 JULY 2014 TO 31 DECEMBER 2014
                          That Council note the report by the Manager, Planning & Environment to the General
                          Committee Meeting dated 12 January 2015 regarding the waiver or partial waiver of
                          development application charges for 1 July 2014 to 31 December 2014.


11                        REVIEW OF BUILDING ACT 1975 AND BUILDING CERTIFICATION IN QUEENSLAND
                          That Council note the report by Building and Plumbing Services Manager to the General
                          Committee Meeting dated 12 January 2015 with regard to proposed changes to the
                          Building Act 1975 and authorise the Chief Executive Officer to respond to the State
                          Government on points 1 to 7 identified in the report.


12                        PELICAN PLACE NEW LEASE AGREEMENT WITH TEWANTIN RSL SUB-BRANCH
DOCUMENT IN FOR MATI ON




                          Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
                          Government Act 2009) due to being a life member of the RSL. Cr Pardon believed he could consider this item
                          impartially and in the public interest and therefore remained in the meeting room for the debate and decision on
                          this matter.
                          That Council note the report by the Property Officer, Property and Facilities to the General
                          Committee Meeting dated 12 January 2015 and

                          A.     Approve the new lease agreement to the Returned and Services League of Australia
                                 (Queensland Branch) Tewantin-Noosa Sub-Branch Incorporated, for 5 years
                                 commencing 2 March 2015, over part of Lot 1RP74197 (3 Pelican Street, Tewantin);
                                 and

                          B.     Approve the Chief Executive Officer to award a subsequent 5 year extension of the
                                 lease subject to the lessee complying with the terms of the lease; and

                          C.     Apply the exception to the requirement for tendering of the lease under Section 236
                                 (1) (b) (ii) of the Local Government Regulation 2012 as the proposed lease is to a
                                 community organisation.



                                                                                                                        Page 18 of 32

Section 19

ORDINARY MEETING AGENDA                                                              15 JANUARY 2015


13   PROPOSED LEASE TO GOOD SHEPHERD LUTHERAN COLLEGE NOOSA
     That Council note the report by the Property and Facilities Manager to the General
     Committee Meeting dated 12 January 2015 and

     A.   Authorise the Chief Executive Officer to enter into negotiations for a 20 year lease to
          the Lutheran Church of Australia QLD District over part of Lot 909 SP236313 for
          recreation purposes;

     B.   Authorise the Chief Executive Officer to enter into negotiations for a 20 year lease to
          the Lutheran Church of Australia QLD District over part of Lot 100 SP162077 for
          recreation purposes; and

     C.   Apply the exception to the requirement for tendering of the lease under Section 236
          (1) (b) (ii) of the Local Government Regulation 2012 as the lease is to a community
          organisation.


14   FINANCIAL PERFORMANCE REPORT DECEMBER 2014                 ment inf orm ation




     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 12 January 2015 providing the December 2014 monthly financial
     performance report.


15   BUDGET REVIEW CONTRIBUTION TO POMONA COORAN RUGBY LEAGUE SPORTS
     FIELD LIGHTING PROJECT
     That Council note the report by the Development Officer – Sport and Recreation to the
     General Committee Meeting dated 12 January 2015; and:
     A.   Approve additional funds of $30,000 to be funded in the next budget review to
          increase Council’s contribution towards the lighting upgrade at the Cooran Sports
          Facility; and
     B.   Authorise the Development Officer – Sport and Recreation to advise relevant parties
          of the approved additional funds.


16   COMMUNITY GRANTS REVIEW           ocument in for matio n




     That Council note the report by the Community Development Coordinator to the General
     Committee Meeting dated 12th January 2015 and:
     A.   Repeal the existing Community Grants Policy and adopt the revised Community
          Grants Policy (Attachment 1);
     B.   Repeal the existing Communitiy Grants Framework and Criteria and adopt the
          revised Community Grants Framework and Criteria (Attachment 2); and
     C.   Delegate to the Chief Executive Officer the development of a Festive Season
          Strategy.




                                                                                        Page 19 of 32

Section 20

ORDINARY MEETING AGENDA                                                  15 JANUARY 2015


17   NOOSA COUNCIL REPORT 2014
     That Council note the report by the Governance Advisor to the General Committee Meeting
     dated 12 January 2015 and:

     A.   Adopt the “Noosa Council Report 2014” (Attachment 1) incorporating the Audited
          Financial Statements of Noosa Council for the period 1 January 2014 to 30 June
          2014; and

     B.   Authorise the Chief Executive Officer to make any minor amendments to the Report.




Recommendation

The General Committee recommendations dated 12 January 2015 be adopted except where
dealt with or held over by separate resolution.




                                                                              Page 20 of 32

Section 21

ORDINARY MEETING AGENDA                                                           15 JANUARY 2015


6        ORDINARY MEETING REPORTS


1        FURTHER REPORT - APPLICATION FOR REFERRAL AGENCY RESPONSE
         DETACHED HOUSE SITUATED AT 62 PARK RD, NOOSA HEADS RAP14/0029

io   Author         Development Planner, Jack Lewis
                    Planning & Infrastructure Department
Index               ECM / Application / RAP14/0029
Attachments         1.    Section plan
                    2.    Street view of adjacent development at 21-25 Mitti Street
                    3.    Perspective drawings


ALTERNATE MOTION
That Council note the report by the Development Planner to the General Committee dated 12
January 2015 and the further report to the Ordinary Meeting dated 15 January 2015 regarding
Application No. RAP14/0029 for a Referral Agency Response for a Detached House at 62 Park
Rd, Noosa Heads and refuse the application for the following reasons:
1.       The proposal is likely to dominate the site and visually impact on the vegetated entrance to
         Noosa National Park;
2.       The proposal does not meet the Specific Outcomes of the Detached House Code in regard
         to setbacks, as the proposed building is likely to impact on the amenity of Mitti Street; and
3.       The proposal does not meet the Specific Outcomes of the Detached House Code in regard
         to site cover, as the proposal is not of a scale compatible with surrounding buildings, will
         present a bulky appearance to Mitti Street and fails to provide sufficient landscaping around
         the building.


REVIEWED REPORT
A report regarding development application RAP14/0029 was included as Item 3, page 39 – 52 of
the General Committee Agenda dated 12 January 2015, with Council recommending:

That Council note the report by the Development Planner to the General Committee Meeting
dated 12 January 2015 for a Referral Agency Response for a Detached House at 62 Park Rd,
Noosa Heads and note that a reviewed report will be presented to the Ordinary Meeting dated 15
January 2015.

During the course of the discussion at the General Committee meeting, Councillors indicated
they had concerns with the officer’s assessment against the Specific Outcomes of the Detached
House Code relating to site cover and setbacks to Mitti Street. Some inconsistencies were also
identified in the officer report that required clarification.

Corrections within the report
There are aspects of the original report that need correction, relating to the building height in
metres and setbacks.

Within the technical assessment table on page 43 & 45, there is reference to the proposed
building being 12.9m high compared to the finished ground levels. As indicated in the section
drawing within Attachment 1, the height of the building is 11.9m high, when measured from
finished ground level (garage level: 9.9m AHD and first storey roof: 21.8m AHD) and a maximum
of 8m from natural ground level.


                                                                                       Page 21 of 32

Section 22

ORDINARY MEETING AGENDA                                                                 15 JANUARY 2015



Within the same table on page 43, the setback to the Park Road frontage is referred as being
2.5m (which was measured from the proposed pool to the boundary). Due to the slope of the site,
there is a 2m length of the pool deck area, which is more than 1m above natural ground level and
considered a structure. This pool deck area is located on the Park Road boundary and tapers
back to meet the natural and finished ground levels. As a result, the minimum setback of
buildings and structures to the Park Rd frontage is 0m.

Assessment

A more detailed assessment against each of the relevant Specific Outcomes is provided below.

Specific Outcome                     Assessment
Setbacks
O1 Buildings and other structures    The site has 45m of frontage to Mitti Street and the property boundary
are appropriately designed and       is setback 4m from the existing curb line. This portion of the site is
sited to—                            located opposite the Mitti Street carparking area and is opposite the
a) provide amenity for users of      entrance to the National Park.
the premises as well as preserve
the visual and acoustic privacy of   The majority of the building along this frontage is setback 4.5m, with
adjoining and nearby land uses;      the raised podium pool set back only 3.9m.

                                     The applicant includes a plan, with mature landscaping proposed
                                     within the frontage of the site and on the road reserve to screen the
                                     development along this plane and to preserve the visual amenity for
                                     the users of the adjoining street.
b)    preserve   any    existing     The development proposes to remove nearly all the trees from the
vegetation that will buffer the      site, apart from the retention of two native cheese trees (Glochidion
proposed building from adjoining     Ferdinandi) within the front setback area (south eastern corner of the
uses;                                site).

                                     It is worth noting that the location and type of many of the existing
                                     trees on the site mean that it would be difficult to retain many of the
                                     existing trees.

                                     The applicant contends that while the majority of trees are proposed to
                                     be removed to accommodate the development, a landscaping plan is
                                     included for the planting of mature screening trees and supplementary
                                     plantings along the Mitti Street frontage to screen much of the building
                                     to the adjoining carparking area.
c) allow for landscaping to be       The development provides for a minimum of 2m landscaping areas
provided between buildings;          between the adjoining multiple dwelling unit buildings at 56 Park Road
                                     and 21-25 Mitti Street.

                                     The design proposes a large terraced landscaping area adjacent to
                                     the pool and an area adjacent to the entrance way for landscaping to
                                     be provided between and in front of the main building line.
d) maintain the visual continuity    The single land sections of Mitti Street to the south of the site
and pattern of buildings and         (adjacent to 21-25 Mitti Street) is currently well vegetated with mature
landscape elements within the        vegetation within the road reserve. In front of the subject site, there is
street;                              no existing vegetation in the Mitti Street road reserve and the two way
                                     roadway and associated carparking area makes any development on
                                     the site more noticeable than the existing developments on adjoining
                                     sites (see Attachment 2).

                                     A landscaping plan is included as part of the proposal. This plan
                                     indicates that the landscaped elements within this portion of the street
                                     will be maintained and that much of the building’s bulk will be
                                     screened.


                                                                                              Page 22 of 32

Section 23

ORDINARY MEETING AGENDA                                                                  15 JANUARY 2015


                                      The site also has a particularly large frontage to Mitti Street, and it is
                                      considered that the proposed use of timber materials and soft earth
                                      colours, as well as the proposed mature landscaping will maintain the
                                      elements within the street.
e) for class 10a structures, do not   A class 10a building refers to a garage, carport, shed or the like (but
visually dominate the street;         not a swimming pool or retaining wall). The garage is setback 4.5m
                                      back from the Mitti Street frontage and located underneath the main
                                      building. By offsetting the garage from the driveway, it is not
                                      considered the garage will dominate the street frontage.
f) avoid any significant adverse      Not Applicable.
impacts on the natural values of
waterways and their foreshores,
including those of the Noosa
River and its lakes; and
g) do not interrupt the natural       The development is proposed more than 10m above sea level and is
cycles of erosion and accretion of    not expected to interrupt the natural cycles of erosion and accretion of
waterways and foreshore areas.        waterways.
Height
O8      Buildings     and    other    The proposal does not meet the Probable Solution in relation to
structures—                           building height measured from finished floor levels. This is through a
a) are low rise and present a         section of the building to the garage level, which is well below the
building height consistent with       natural ground levels and is not visible from adjacent land.
structures on adjoining and
surrounding land;                     The proposal meets the building height in metres relative to natural
                                      ground levels and when viewed from the street, will read as an 8m
                                      high building stepping up the hill consistent with other detached
                                      houses within the Noosa Heads Locality.
b) have a maximum building            The proposal is only two storeys.
height of—
         iv) otherwise– 2 storeys;
c) do not visually dominate the       The height of the building is compliant with the 8m relative to natural
street, surrounding spaces or the     ground levels and when compared to the surrounding topography on
existing skyline;                     the adjoining Park Road reserve to the north and the driveway to the
                                      south, appears to step up the hill. As a result, the development’s
                                      height is not anticipated to dominate the street, surrounding spaces or
                                      the existing skyline.
d) preserve the amenity of            The proposed height of the development does not impact on any
surrounding    land      including    adjoining views, privacy or access to sunlight.
privacy, views and access to
sunlight;
e)    respect  the    scale     of    The height meets the 8m height limit relative to natural ground levels
surrounding vegetation; and           and is below the existing height of existing trees within the Park Road
                                      reserve.
f) respond to the topography of       The proposal responds to the topography of the site and steps the
the site by stepping down the         building down the existing slope. While excavation is proposed for the
slope or sitting above the ground     lower level, the applicant proposes to reinstate the ground level
level on stumps, for sloping sites.   around the building, so as to integrate the building into the site.
Site cover
O9 The site cover of buildings and other roofed structures—
a) is of a scale that is compatible The adjoining unit development to the west (56 Park Road) is setback
with surrounding development;       6m from the Park Road service entry. This development is located at a
                                    higher topography than the subject site and is mostly screened from
                                    the Park Road and Mitti Street roadways.

                                      The adjoining unit development to the south (21-25 Mitti Street) is
                                      currently setback 4.5m from the Mitti Street frontage. However, most
                                      of the adjoining building bulk is set further up the hill, located away
                                      from the Mitti Street carparking area and includes substantial
                                      vegetation between the building and the road (mostly on the road
                                      reserve), making it not particularly noticeable from the street.


                                                                                               Page 23 of 32

Section 24

ORDINARY MEETING AGENDA                                                                     15 JANUARY 2015


                                         As mentioned in the previous report, a large portion of the garage will
                                         not be visible from the street. The resultant development will have the
                                         appearance that it has a site cover of <50% for the ground floor and
                                         <30% for the upper storey, which is compatible with other detached
                                         houses and buildings in the locality.
b)    does not          present an       As described in the previous report, most of the garage level is built in
appearance of bulk to adjacent           to the existing hill, with substantial terraced and landscaping areas
properties, roads or other areas         above. The combination of providing mature landscaping and high
in the vicinity of the site;             quality finishes are both important components making the
                                         development not appear bulky when viewed from Mitti Street.
c) maximises the retention of            Although the development proposes to remove nearly all the trees
existing vegetation and allows for       from the site, a landscaping plan is included for the planting of mature
soft     landscaping     between         screening trees and supplementary plantings along the Mitti Street
buildings;                               frontage to screen much of the building’s bulk. The proposed
                                         landscaping plan also provides for landscaping around the frontages
                                         and between the different building elements.
d) allows for adequate area at           The development provides open grassed and recreating areas along
ground      level   for    outdoor       the northern Park Road frontage, which makes use of the existing
recreation, entertainment, clothes       terraced benches on site. As a result, there is considered to be
drying and other site facilities;        adequate area at the ground and podium levels for outdoor recreation,
and                                      entertainment, clothes drying and other site facilities.
e) facilitates on-site stormwater        Appropriate vehicular access and stormwater management can be
management        and    vehicular       facilitated on the site, without causing any concerns on the adjacent
access.                                  road reserve or properties.

After Monday’s General Committee meeting, the architect provided Council with additional
perspective drawings of the proposed development, which are included as Attachment 3.

Officer Recommendation

Staff maintains the previous recommendation for this application detailed in the original report.

Departments/Sections Consulted:

    Community Services                                 X    Planning & Infrastructure
    Disaster Management & Public Order                      Building & Plumbing Services
    Waste & Environmental Health                       X    DA Planning
    Community Facilities                                    Strategic Land Use Planning
    Cultural Facilities                                     Asset Design & Investigations
                                                            Asset Planning
                                                            Civil Operations
                                                            Environment

    Executive Office                                        Corporate Services
    Community Engagement                                    Finance
    Customer Service                                        ICT
    Executive Support                                       Procurement & Fleet
    Governance                                              Property & Facilities
    Human Resources                                         Revenue Services




                                                                                                 Page 24 of 32

Section 25

ORDINARY MEETING AGENDA       15 JANUARY 2015


Attachment 1 – Section plan




                                 Page 25 of 32

ORDINARY MEETING AGENDA                                                                                                                         15 JANUARY 2015

Attachment 1                — Section plan
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                                                                                                                                                         Page 25 of 32

Section 26

ORDINARY MEETING AGENDA                                                   15 JANUARY 2015


Attachment 2 –Street view of adjacent development at 21-25 Mitti Street




                                                                             Page 26 of 32

Section 27

ORDINARY MEETING AGENDA            15 JANUARY 2015


Attachment 3 – Perspective plans




                                      Page 27 of 32

ORDINARY MEETING AGENDA                                                   15 JANUARY 2015
Attachment 3 — Perspective plans

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                                                                               Page 27 of 32

Section 28

ORDINARY MEETING AGENDA   15 JANUARY 2015




                             Page 28 of 32

ORDINARY MEETING AGENDA                                            15 JANUARY 2015

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                                                                       Page 28 of 32

Section 29

ORDINARY MEETING AGENDA   15 JANUARY 2015




                             Page 29 of 32

ORDINARY MEETING AGENDA                                                                               15 JANUARY 2015

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                                                                                                            Page 29 of 32

Section 30

ORDINARY MEETING AGENDA                                                       15 JANUARY 2015


2    FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES
     - RETAIL BUSINESS TYPE 2 SHOP & SALON SITUATED AT 13 NOOSA DRIVE,
     NOOSA HEADS MCU14/0087

Author           Manager, Planning & Environment, Kerri Coyle
                 Planning & Infrastructure Department

Index            ECM/Application/MCU14/0087

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

ALTERNATIVE MOTION
That Council note the report by the Manager, Planning & Environment to the General Committee
Meeting dated 12 January 2015 and the Ordinary Meeting dated 15 January 2015 regarding
Application No. MCU14/0087 for a Development Permit for Retail Business Type 2 – Shop &
Salon situated at 13 Noosa Drive, Noosa Heads and refuse the application for the following
reasons:
1.   The proposal provides inadequate, and poorly accessible on site vehicle parking and
     manoeuvring areas;
2.   Additional vehicles accessing the site from the proposed business are likely to impact on
     the pedestrian and traffic safety of Noosa Drive; and
3.   The proposal is contrary to the overall outcomes of the Noosa Plan’s Driveways and
     Carparking Code.


REVIEWED REPORT
A report on this application was considered by the General Committee Meeting on 12 January
2015 (refer to page 99 of General Committee Agenda) and was subsequently held over for a
further report and to allow a site inspection by Councillors. During the course of discussions at
the General Committee Meeting, Councillors indicated that the additional business on the site
may not be appropriate given the site’s existing poor access and car parking arrangements.
Concern was raised that the proposal would generate further traffic safety issues.

The current access and car parking arrangements do not comply with current engineering
standards, with the existing access located too close to the existing roundabout, undefined
parking and limited ability for vehicles to turn around on site and leave the site in a forward
direction. A second inspection of the site following the General Committee meeting indicates that
it is likely that customer vehicles accessing the site may currently be unable to turn around on
site and have to reverse into Noosa Drive at times, dependant on the number of hire vehicles on
site. This does create potential traffic safety impacts, particularly considering the amount of
traffic movement in Noosa Drive and these potential impacts are only mitigated to a limited extent
by the slow speed traffic environment of Noosa Drive.

The applicant proposes to use 9m2 of the site for a beach lifestyle equipment hire/sales business
to be located towards the site’s frontage. The proposed area is currently being used to
store/display hire vehicles including mini mokes and scooters.             This area currently
accommodates approximately 1 to 2 hire cars or 3 hire scooters.



                                                                                   Page 30 of 32

Section 31

ORDINARY MEETING AGENDA                                                             15 JANUARY 2015


The applicant has advised that the business is primarily conducted online with bookings taken for
boards through a website and targeted at visitors flying into Noosa on holidays who unable to
bring their own surfboard due to airline restrictions. It is not anticipated by the applicant that the
business will generate a lot of walk-in clients off the street, with the business offering only ‘high
end’ boards for hire. The applicant also advises that he only intends to be on the site during
arranged pick up and drop off times, with surf boards offered on a 4 to 10 day hire base and the
business operating 8 months of the year dependant on Noosa’s surfing season.

Under the Noosa Plan, the proposed use, based on 9m2, would generate a requirement of 0.45
of a parking space with the scheme requiring 1 space per 20m 2. For the existing vehicle hire
business, this area currently generates a parking requirement of approximately 0.33 of a parking
space for a vehicle hire business, based on a rate of 1 space per 3 vehicles. Based on a
comparison of the Noosa Plan’s car parking rates for both uses, the proposal is likely to generate
minimal increase in parking demands and traffic to and from the site. Notwithstanding this, the
following additional condition could be imposed.

1.     At all times while the use is operating, an area on site must be available for parking of 1
       vehicle and be of sufficient dimension that allows a vehicle to turn around on site and enter
       and exit the site in a forward direction. A plan identifying this area shall be submitted to
       Council prior to commencing the use.

Staff have considered the issues raised by Councillors, but confirm their support for the previous
recommendation. Should Council wish to refuse the application, an alternative motion has been
drafted for that purpose.

Departments/Sections Consulted:

     Community Services                         x   Planning & Infrastructure
     Disaster Management & Public Order             Building & Plumbing Services
     Waste & Environmental Health               x   DA Planning
     Community Facilities                           Strategic Land Use Planning
     Cultural Facilities                            Asset Design & Investigations
                                                    Asset Planning
                                                    Civil Operations
                                                    Environment

     Executive Office                               Corporate Services
     Community Engagement                           Finance
     Customer Service                               ICT
     Executive Support                              Procurement & Fleet
     Governance                                     Property & Facilities
     Human Resources                                Revenue Services




                                                                                       Page 31 of 32

Section 32

ORDINARY MEETING AGENDA                                               15 JANUARY 2015


7    PETITIONS




8    CLOSED SESSION
     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 12 February 2015 in the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE




                                                                          Page 32 of 32

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