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2020-11-19 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 19 November 2020
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
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 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE REPORTS 4
1 AUDIT & RISK COMMITTEE MEETING REPORT – 23 OCTOBER 2020 4
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT –
10 NOVEMBER 2020 5
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT –
10 NOVEMBER 2020 8
4 GENERAL COMMITTEE MEETING REPORT – 16 NOVEMBER 2020 10
9 ORDINARY MEETING REPORTS 23
10 CLOSED SESSION 23
11 PUBLIC QUESTION TIME 23
12 NEXT MEETING 23
13 MEETING CLOSURE 23
Page 2 of 23
Section 3
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 15 October 2020 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 23
Section 4
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
8 CONSIDERATION OF COMMITTEE REPORTS
1 AUDIT & RISK COMMITTEE MEETING REPORT – 23 OCTOBER 2020
ATTENDANCE & APOLOGIES
COUNCILLORS
Scott Williams (Chair)
Tim Cronin
Cr Amelia Lorentson
Cr Clare Stewart
EXECUTIVE
Brett de Chastel, Chief Executive Officer
Michael Shave, Director Corporate Services
Debra Iezzi, Director Executive Services
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 QUEENSLAND AUDIT OFFICE 2020 CLOSING REPORT
That Council note the 2020 Audit Closing Report provided by the Queensland Audit Office
(QAO) to the Audit & Risk Committee meeting dated 23 October 2020.
2 2019-20 ANNUAL FINANCIAL STATEMENTS
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
dated 23 October 2020 and approve the 2019/20 Annual Financial Statements for signature
by the Mayor and Chief Executive Officer.
3 NOOSA COUNCIL ANNUAL REPORT 2019-20
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 October 2020 and the draft Annual Report for the 2019-20 financial year.
4 INTERNAL AUDIT & RISK MANAGEMENT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 October 2020 addressing Internal Audit and Risk Management matters.
5 GOVERNANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 October 2020 providing an update on governance matters.
Committee Recommendation
That the report of the Audit & Risk Committee dated 23 October 2020 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 4 of 23
Section 5
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 10 NOVEMBER 2020
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor – for reports 1 - 3; 5 - 6)
EXECUTIVE
D Iezzi, Acting Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 OPW18/0150.01 REQUEST TO CHANGE AN EXISTING APPROVAL FOR PRESCRIBED
TIDAL WORKS - JETTY AT 21 WESLEY COURT, NOOSA HEADS
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 10 November 2020 regarding Application No. OPW18/0150.01,
request an Other Change to a Development Permit for Prescribed Tidal Works – Jetty situated
at 21 Wesley Court, Noosa Heads, and:
A. Approve the change and agree to change Condition 1 as follows:
Plan No. Rev. Plan/Document Name Date
S01 C2 Drawing Schedule & Transmittal prepared by Long View 12 June 2020
Consulting Engineers
S02 C2 Structural Notes Sheet prepared by Long View 12 June 2020
Consulting Engineers
S03 C2 Site Plan, Framing Plan, Elevations prepared by Long 12 June 2020
View Consulting Engineers
S04 C2 Jetty Framing Details prepared by Long View Consulting 12 June 2020
Engineers
B Approve the change and agree to change Condition 6 as follows:
No additional 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.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The floating decks comply with the Overall Outcomes of the Watercourses Works
Code as the structures do not detrimentally impact upon the visual amenity of the
area or impact upon navigational access in the canal;
2. The jet ski boat lifting device is located within the jetty structure, is located directly
in front of the subject property and does not detrimentally impact upon the visual
amenity in the area or impact upon navigational access in the canal;
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 5 of 23
Section 6
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
2 132008.1128.04 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MULTIPLE
HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL BUSINESS - TYPE
2 MEDICAL AND RECONFIGURING A LOT (1 INTO 2 LOTS) AT GRASSTREE COURT
AND BEN LEXCEN DRIVE, SUNRISE BEACH
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 MCU19/0134 PLANNING & ENVIRONMENT COURT APPEAL NO. D67 OF 2020 -
REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY FOR SEPTEMBER
2020
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Belmondos Pty Ltd. I have a relationship with one of the owners of that company,
Jaxon Taylor as Jaxon and his wife live in my neighbourhood and our families have on occasion
socialised together. However I do not consider them to be close personal friends. Although I have a
declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
because I do not consider that I have a close personal relationship with Mr Taylor and the decision that
Council is being asked to make in regard to this application is not to approve or reject it, it is to only note
the decision that has already been made by Council staff. Therefore, I will choose to remain in the
meeting room. However, I will respect the decision of the meeting on whether I can remain and
participate in the decision.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Sunshine Butterflies as on 23 October 2020 I provided them with a donation of
surfboard making equipment valued at approximately $1200. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias because I do not have
any other association with that organisation and the decision that Council is being asked to make in
regard to this application is not to approve or reject it, it is to only note the decision that has already
been made by Council staff. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Manger Development Assessment to the Planning &
Environment Committee Meeting dated 10 November 2020 regarding planning applications
decided by delegated authority for September 2020.
5 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 1ST
QUARTER 2020-21
That Council note the report by the Acting Director Environment and Sustainable Development
to the Planning & Environment Committee Meeting dated 10 November 2020 providing an
update on operations of the Environment and Sustainable Development Department for the
period 1 July to 30 September 2020.
Page 6 of 23
Section 7
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
6 PLANNING & ENVIRONMENT COURT APPEAL NO. D144 OF 2019 - APPLICATION FOR
BUILDING WORKS AT 54 SEAVIEW TCE, SUNSHINE BEACH
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
Committee Recommendation
That the report of the Planning & Environment Committee dated 10 November 2020 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 7 of 23
Section 8
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 10 NOVEMBER 2020
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Frank Wilkie
Cr Clare Stewart
Cr Wegener (non-Committee Councillor - for report 1)
Cr Finzel (non-Committee Councillor - for reports 1-6)
EXECUTIVE
D Iezzi, Acting Chief Executive Officer
K Contini, Director Community Services (for reports 1 and 6)
M Shave, Director Corporate Services (for reports 2, 3 and 5)
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 REGIONAL WASTE TREATMENT FEASIBILITY STUDIES UPDATE
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 10 November 2020 and agree to:
A. Write to Unitywater thanking them for administering the regional waste feasibility study;
B. Include consideration of regional advanced waste treatment opportunities in the
upcoming waste strategy being developed for Noosa Council; and
C. Continue to work with local governments and agencies in the region to explore the
feasibility of regional advanced waste treatment solutions.
2 NOOSA RIVER HOLIDAY PARK - PROPOSED INTERIM MANAGEMENT AGREEMENT
That Council note the report by the Property Advisor Commercial Property to the Services &
Organisation Committee Meeting dated 10 November 2020 and authorise the CEO to enter
into an interim management agreement for the Noosa River Holiday Park for 11 months
commencing 1 June 2021.
3 PROPOSED NEW COMMERCIAL LEASE OF COUNCIL LAND AT 4 JARRAH STREET,
COOROY
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 10 November 2020 regarding the request by Eco Cottages for extended tenure
over Council land at 4 Jarrah St Cooroy (formally described as Lot 2 RP176126) and:
A. Agree to enter a new commercial lease agreement with Eco Cottages Pty Ltd,
commencing on the expiry of Eco Cottages’ existing lease in November 2021, as
generally outlined in the report; and
B. Agree to enter into a short-term interim permit for use of the 200m2 balance area of the
site up to the November 2021 lease commencement date.
Page 8 of 23
Section 9
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
4 LOCAL GOVERNMENT GOVERNANCE REFORM
That Services & Organisation Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
5 CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 10 November 2020 providing a Corporate Services Department
update for the period 1 July 2020 – 30 September 2020.
6 COMMUNITY SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 10 November 2020 providing an update on the
operations of the Community Services Department for the period 1 July 2020 to 30 September
2020.
7 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21
That Services & Organisation Committee Agenda Item 7 be referred to the General Committee
for further consideration.
8 EXECUTIVE SERVICES DEPARTMENT REPORT - 1ST QUARTER 2020-21
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 10 November 2020 providing an update on operations of the
Executive Services Department for the period 1 July 2020 to 30 September 2020.
9 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2020-21
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 November 2020 providing an update on progress with the
implementation of the Operational Plan to 30 September 2020 and details of Council’s Key
Performance Indicators.
Committee Recommendation
That the report of the Services & Organisation Committee dated 10 November 2020 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 9 of 23
Section 10
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
4 GENERAL COMMITTEE MEETING REPORT – 16 NOVEMBER 2020
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development (for reports 1 - 3)
C Billingham, Director Infrastructure Services (for report 5)
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 132008.1128.04 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MULTIPLE
HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL BUSINESS - TYPE
2 MEDICAL AND RECONFIGURING A LOT (1 INTO 2 LOTS) AT GRASSTREE COURT
AND BEN LEXCEN DRIVE, SUNRISE BEACH
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 November 2020 regarding Application No. 132008.1128.04 to
make a minor change to an existing approval for Development Permit for Material Change of
Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type
2 Medical and Development Permit for Reconfiguring a Lot (1 into 2 lots) situated at Grasstree
Court, Sunrise Beach and:
A. Approve the change.
B. Amend conditions 1, 5, 7, 12, 14, 23, 33, 35, 40, 41 and 81 to read as follows:
PLANNING
General
1. The development must be undertaken in accordance with this approval and 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 Name Date
7448-06 Lots 1 & 9 Cancelling Lot 1 on SP177650 15 May 2008
Prepared by Conics (Sunshine Coast) Pty
Ltd
DA_106 3 Masterplan prepared by Thomson Adsett 15 October 2020
Architects
DA_107 4 Staging Plan prepared by Thomson Adsett 15 October 2020
Architects
DA_108 3 Precincts Plan prepared by Thomson Adsett 15 October 2020
Architects
Page 10 of 23
Section 11
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
DA_109 3 Pedestrian Circulation prepared by 15 October 2020
Thomson Adsett Architects
DA_110 3 Vehicular Circulation prepared by Thomson 15 October 2020
Adsett Architects
DA_111 3 Building Setbacks prepared by Thomson 15 October 2020
Adsett Architects
DA_112 3 Landscaping Calculation prepared by 15 October 2020
Thomson Adsett Architects
DA_113 3 Site Cover Calculations prepared by 15 October 2020
Thomson Adsett Architects
DA_114 3 Masterplan/Parking Layout prepared by 15 October 2020
Thomson Adsett Architects
DA_115 Typical Site Section A prepared by Smith + November 2018
Tracey Architects
DA_116 External Finishes Schedule prepared by November 2018
Smith + Tracey Architects
DA_117 2 Area Schedules prepared by Thomson 15 October 2020
Adsett Architects
DA_118 6 Residential Aged Care – Ground Floor Plan 15 October 2020
prepared by Thomson Adsett Architects
DA_119 5 Residential Aged Care – First Floor Plan 15 October 2020
prepared by Thomson Adsett Architects
DA_120 4 Residential Aged Care – Roof Plan prepared 15 October 2020
by Thomson Adsett Architects
DA_121 3 Residential Aged Care – N and W Elevations 15 October 2020
prepared by Thomson Adsett Architects
DA_122 4 Residential Aged Care – S and E Elevations 15 October 2020
prepared by Thomson Adsett Architects
DA_123 3 Residential Aged Care – Typical Sections 15 October 2020
prepared by Thomson Adsett Architects
DA_124 Residential Aged Care – Village Site Plan November 2018
prepared by Smith + Tracey Architects
DA_125 Central Facilities & ILAs – Basement Car November 2018
Park prepared by Smith + Tracey Architects
DA_126 Central Facilities & ILAs – Ground Floor Plan November 2018
prepared by Smith + Tracey Architects
DA_127 Central Facilities & ILAs – Level 1 First Floor November 2018
Plan prepared by Smith + Tracey Architects
DA_128 Independent Living Apartment Type a1-2b November 2018
(& handed) prepared by Smith + Tracey
Architects
DA_130 Central Facilities & ILAS – S & W elevations November 2018
DA_131 Central Facilities & ILAs – E Elevation and November 2018
Typical Section prepared by Smith + Tracey
Architects
DA_132 Central Facilities & ILAs – N Elevation & November 2018
Typical Section prepared by Smith + Tracey
Architects
DA_133 Apartment Buildings – Basement Plan November 2018
prepared by Smith + Tracey Architects
Page 11 of 23
Section 12
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
DA_134 Apartment Buildings – Ground Floor Plan November 2018
prepared by Smith + Tracey Architects
DA_135 Apartment Buildings – First Floor Plan November 2018
prepared by Smith + Tracey Architects
DA_136 Apartment Type a2-2b & type a3-3b November 2018
prepared by Smith + Tracey Architects
DA_137 Apartment Buildings – E & W Elevations November 2018
prepared by Smith + Tracey Architects
DA_138 Apartment Buildings – Typical N Elevation & November 2018
Section prepared by Smith + Tracey
Architects
DA_139 Apartment Building 4 / Roof Plan prepared November 2018
by Smith + Tracey Architects
DA_1340 Apartment Building 4 / Sections prepared by November 2018
Smith + Tracey Architects
DA_141 Apartment Building 3 / Roof Plan prepared November 2018
by Smith + Tracey Architects
DA_142 Apartment Building 3 / Sections prepared by November 2018
Smith + Tracey Architects
DA_143 Apartment Building 2 / Roof Plan prepared November 2018
by Smith + Tracey Architects
DA_144 Apartment Building 2 / Sections prepared by November 2018
Smith + Tracey Architects
DA_145 Apartment Building 1 / Roof Plan prepared November 2018
by Smith + Tracey Architects
DA_146 Apartment Building 1 / Sections prepared by November 2018
Smith + Tracey Architects
DA_147 Apartment Buildings – Photo Montage from November 2018
National Park prepared by Smith + Tracey
Architects
DA_148 ILU Type C (2B-1G) prepared by Smith + November 2018
Tracey Architects
DA_149 ILU Type C (3B-2G) prepared by Smith + November 2018
Tracey Architects
DA_150 ILU Type D (3B-2G) prepared by Smith + November 2018
Tracey Architects
DA_151 ILU Type H1 (2B-1G) + K1 (3B-2G) prepared November 2018
by Smith + Tracey Architects
DA_152 ILU Type H2 (2B-1G) + H2 (3B-2G) November 2018
prepared by Smith + Tracey Architects
DA_153 Independent Living Units – Roof Plans November 2018
prepared by Smith + Tracey Architects
DA_154 Independent Living Units – Elevation Sheet November 2018
1 prepared by Smith + Tracey Architects
DA_155 Independent Living Units – Elevation Sheet November 2018
2 prepared by Smith + Tracey Architects
DA_156 Independent Living Units – Typical Sections November 2018
prepared by Smith + Tracey Architects
Page 12 of 23
Section 13
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
Nature and Extent of Approved Use
5. The approved development comprises the following:
Multiple Housing – Type 3 Retirement & Special Needs (122 independent
living units and apartments and 102 aged care beds)
Commercial Business – Type 2 Medical (as indicated on approved plans)
Staging
7. The development must be staged in accordance with the plan titled ‘Masterplan’
prepared by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3
with the Residential Aged Care Facility provided in the first stage.
LANDSCAPE & ECOLOGY
Flora
12. In conjunction with an application for operational works on the site for the first
stage, the applicant must submit an operational works application for Vegetation
Management for the development site. The Vegetation Management operational
works application must detail:
12.1 Identification of all active Glossy Black Cockatoo food trees within the
development footprint or in areas likely to be impacted upon by the operation
or construction of the development.
12.2 A Vegetation Clearing Offset program to be undertaken to re-establish the
habitat to be cleared from the site to a nearby location with similar soil
properties. A receiving site is to be identified and maintained for a specified
period (minimum 5 years) after the establishment of the receiving site.
12.3 The Vegetation Clearing Offset program must include the details of the
transfer methods to be engaged including:
12.3.1 The transfer of soil/seed bank media off the site to the designated
receiving site(s);
12.3.2 Methods of transfer including, inter alia, mastication of native
vegetative matter, tile transfer of live soil/plant matrix, peat locations
and extents, sexual and vegetative methods of revegetation of offset
receiving site and other deemed pertinent matters by a person with
industry experience in the successful establishment and/or re-
establishment of heathland vegetation;
12.3.3 Transfer of rare and threatened plant species (sexual and/or
vegetative);
12.3.4 Details of pre-treatment works prior to transfer of soil/seed bank
media off the site and methods of transplanting;
12.3.5 Details of seed collections times and estimated establishment
procedures and times;
12.3.6 Details of the receiving site, including tenure, contractual details,
establishment, monitoring and maintenance details and suitability of
the site for the purpose;
12.3.7 All information must be prepared by a person with industry
experience in the successful establishment and/or re-establishment
of heathland vegetation. Industry and educational institution
involvement is recommended.
Page 13 of 23
Section 14
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
The establishment of the vegetation offsets for each stage must be
completed prior to the commencement of the use for each stage. The
Vegetation Clearing Offset program, required by these conditions, must be
implemented in a staged manner reflective of the approved staging of the
development. To this end separate Vegetation Clearing Offset programs
must be developed to reflect the staged delivery of the development, in
particular the staged development of lot 6, and the subsequent development
of lot 9.
12.4 No clearing is permitted unless in accordance with the approved staged
Vegetation Clearing Offset program.
14. The Vegetation Management operational works application must detail the location
and extent and staging of vegetation disturbance on Lot 9 SP252905 and Lot 6
RP901384 must be accurately marked on-site, including any setback requirements
for bushfire mitigation purposes, for Council officers to inspect prior to
commencement of any vegetation clearing.
Bushfire
23. A bushfire evacuation plan for the site must be prepared by a qualified person and
submitted to Council prior to the issue of any Development Permit for Operational
Works.
CIVIL ENGINEERING
Frontage Works
33. Pedestrian crossings shall be provided in Grasstree Court generally as shown on
‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan Ref:
DA_106 Rev. 3. The crossing shall include linemarking and suitable signage in
accordance with the MUTCD.
Vehicle Access
35. Vehicular access driveways to service the development shall be constructed from
the Grasstree Court frontages of the site. The driveways shall be generally in
accordance with Council’s standard drawing SEQ R-051 and Masterplan’ prepared
by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3.
40. All internal roads shall be designed and constructed in accordance with Council’s
Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage
and Earthworks. The roads shall be:
40.1 Generally in accordance with drawing number ‘Masterplan’ prepared by
Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3,
40.2 A minimum width of 5.5 metres, and
40.3 Suitable for Council’s refuse collection vehicle to traverse through the site
Car Parking
41. Carparking shall be provided within the sites generally as shown on drawings
numbered DA_114 “Masterplan/Carpark Layout” Rev. 3 prepared by Thomson
Adsett Architects dated 15 October 2020 and DA_133 “Apartment Buildings –
Basement” prepared by Smith and Tracey Architects dated November 2018 and
within the “Independent Living Units” as shown the approved floor plans, except as
modified herein.
Page 14 of 23
Section 15
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
Storm Water Quality
81. Any proprietary stormwater quality improvement device included to achieve the
required stormwater quality Management Objectives specified in Section 4 of the
Girraween Stormwater Management Plan, must demonstrate only be granted an
Operational Works Approval on the following provisions:
a. A suitably qualified and experienced professional must provide independent
verification that the parameters within the node for the device in MUSIC
modelling have been tested and verified as per Stormwater Australia (2018)
Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2
December 2018 to achieve the predicted outcomes in the MUSIC model for
the development. For the purpose of this condition, the suitably qualified and
experienced professional must be able to demonstrate a minimum 10 years
urban stormwater testing and modelling experience and be verified in writing
by Stormwater Australia as having an appropriate reputation and track record
within the stormwater industry to provide such independent advice.
b. Where testing to achieve the certification of the proprietary stormwater
quality improvement device is from an area with rainfall intensities and
patterns that are statistically inconsistent with the region of the Noosa Shire
that the device is to be installed, and / or the size of the development the
device has been tested on is more than 2500m2 smaller than the
development the device is proposed to service, the following additional
conditions apply:
i. The proprietary stormwater device treatment train must be tested and
re-verified in accordance with the Stormwater Australia (2018)
Stormwater Quality Improvement Device Evaluation Protocol. Version
1.2 December 2018. A suitably qualified and experienced professional,
as verified by Stormwater Australia must use the results from the onsite
testing to re-run the MUSIC node for the proprietary devices and
confirm whether or not the required pollutant reduction efficiencies of
80% reduction in Total Suspended Solids, 60% reduction in Total
Phosphorous and 45% reduction in Total Nitrogen for the overall
development are delivered.
ii. Where the field results and re-run MUSIC node demonstrate the
required pollution reduction efficiencies for the development are not
met, the applicant must implement additional measures to achieve the
required pollution reduction targets. The additional measures must
include, in order of priority, elevated maintenance, and then increased
treatment capacity of the stormwater quality improvement devices.
Following application of additional measures, the system must be
retested in accordance with Stormwater Australia (2018) Stormwater
Quality Improvement Device Evaluation Protocol. Version 1.2
December 2018. Where pollution reduction targets continue to not be
demonstrated the proprietary device must be removed and replaced
with a bio-retention device constructed in accordance with an
Operational Works approval or the applicant must enter into an
agreement with Council to provide improved water quality outcomes
within the catchment area.
Page 15 of 23
Section 16
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
iii. A separate water quality performance bond must be provided prior to
the issue of an Operational Works approval for Civil Infrastructure and
Stormwater for Stage 1. The water quality performance bond must be
150% of the cost of water quality monitoring required to comply with
Stormwater Australia (2018) Stormwater Quality Improvement Device
Evaluation Protocol. Version 1.2 December 2018. The performance
bond will be incrementally returned annually for the value of monitoring
works completed that year. The full value of the bond shall be returned
upon demonstration that the development delivers the required
pollution reduction targets.
C. Delete condition 21.
D. Include the following advisory note on the development approval:
1. The developer is encouraged to liaise cooperatively with local community groups
to deliver and maintain the required glossy black food tree recovery programme.
DE. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
2 MCU19/0134 PLANNING & ENVIRONMENT COURT APPEAL NO. D67 OF 2020 -
REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 November 2020 and:
A. aAgree to settle the Planning & Environment Court aAppeal No. D67 of 2020 generally
in accordance with the following conditions:
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to the use commencing, and then compliance
maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
RL 18003 - Titled "Ground Furniture and Equipment Layout, 5 Dec 2019
Sheet 1 of 2 Ground Floor Areas – Proposed Industrial fitout",
drawn by Rhad Leonard
RL 18003 - Titled "Mezzanine Furniture and Equipment 5 Dec 2019
Sheet 2 of 2 Layout, Mezzanine Area – Proposed Industrial
fitout", drawn by Rhad Leonard
Nature and Extent of Approved Use
3. The Entertainment & Dining Business – Type 3 Bar must operate all times in
association with the Distillery use within Tenancies 1 and 11. If the associated
Distillery use ceases, then the Entertainment & Dining Business – Type 3 Bar must
cease.
4. The patron use area for the consumption of food, drink and alcohol and/or
congregation is limited to within the 21m² ground floor seating area identified in
green on Drawing RL18003, sheet 1 of 2, drawn by Rhad Leonard, dated 5
December 2019 with a maximum of 20 chairs.
Page 16 of 23
Section 17
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
5. The 21m² seating area is only permitted to be used by patrons who have booked
via a tour either directly through the Distillery or one of the affiliated tour companies
or have booked a time slot for a table booking, these will be limited to 2 hours.
6. The 21m² ground floor area identified in green on Drawing RL18003, sheet 1 of 2,
drawn by Rhad Leonard, dated 5 December 2019 must be clearly marked by way
of floor marking, pedestrian barriers, posts or similar.
7. The Tenancy 1 mezzanine area identified on Drawing RL18003, sheet 2 of 2, titled
"Mezzanine Furniture and Equipment Layout, Mezzanine Area – Proposed
Industrial fitout", drawn by Rhad Leonard, dated 5 December 2019 must not be
used by patrons for the consumption of food, drink and alcohol and/or
congregation.
8. Patrons are permitted to be taken on a short tour of the associated Distillery use
within Tenancies 1 and 11 (including the Tenancy 1 mezzanine area).
9. The approved use must not operate outside the hours of Friday, 3:00pm to 8:00pm
and week-ends and public holidays 12:00pm – 8:00pm.
10. The sale and/or consumption of alcoholic products is limited to those alcoholic
products produced by the associated Distillery use. Any alcoholic beverages that
are not produced as part of the Distillery use on the site must not be sold from the
site.
11. No televisions displaying sports, music videos, news or the like are permitted to
be operated. Television monitors are only permitted to display the menu board for
the Entertainment and Dining Business Type 3 Bar use.
12. Only finger type food is permitted to be sold and/or consumed.
Lighting of External Areas
13. During operating hours, all parking areas, pedestrian areas and entrances/exits
must be well lit with vandal resistant lighting and with intensities to satisfy the
requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must
be designed to reduce the contrast between shadows and well lit areas.
Noise Management
14. Noise from the Entertainment & Dining Business – Type 3 Bar, including amplified
or non-amplified noise and patron noise must not exceed:
Continuous Noise
daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
Time Varying Noise
daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Courtesy Bus
15. A free-on-call courtesy bus must be available at all times during operating hours
and available for patrons within a 15 minute driving radius of the site.
16. The courtesy bus is not permitted to remain on site outside of the hours of
operation.
Page 17 of 23
Section 18
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
Staff Numbers
17. A maximum of 3 staff (including 1 dedicated courtesy bus driver) and 1 manager
for the Entertainment and Dining Business Type 3 Bar use are to be on site at any
one time.
Currency Period
18. The Currency Period for this development approval lapses if the use has not
happened by 19 November 2026, unless an application to extend the currency
period is approved by Council.
B. Include the following advisory note on the development approval:
1. The proposed bar is located in an area that is zoned Low Impact Industry under
the Noosa Plan 2020 and a range of industrial uses are planned to establish that
may generate noise, odour, dust, waste nuisance or the like. These industrial
businesses will not be required to include additional measures to address the
potential impacts from these industrial uses on the bar given that they should
reasonably be expected.
3 PLANNING & ENVIRONMENT COURT APPEAL NO. D144 OF 2019 - APPLICATION FOR
BUILDING WORKS AT 54 SEAVIEW TCE, SUNSHINE BEACH
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 10 November 2020 regarding Planning & Environment
Court Appeal No. D144 of 2019 and agree to settle the appeal generally in accordance with
the following conditions:
PLANNING
When Conditions must be Complied With
1. The applicant must provide a copy of the development approval to the private building
certifier who assesses the subsequent development application for a development
permit for building works for the construction of the Detached House and the associated
deck area and pool.
Approved Plans
2. Development must be undertaken strictly under the approved plans listed in the following
table unless otherwise amended by these conditions.
Drawing No. Revision Drawing Name Date
DD 1.1 A Title Sheet 18-12-18
DD 1.2 A Existing Overlay Site Plan 18-12-18
DD 1.3 A Proposed Site Plan 18-12-18
DD 1.4 A Reference Images 18-12-18
DD 1.5 A DA Eaves and Roof Diagram 18-12-18
DD 1.6 A DA Northern Screen Diagram 18-12-18
DD 1.7 A Lower Ground Floor Plan 18-12-18
DD 1.8 A Ground Floor Plan 18-12-18
DD 1.9 A Level 1 Floor Plan 18-12-18
DD 1.10 A Roof Plan 18-12-18
DD 2.1 A North Elevation 18-12-18
DD 2.2 A South Elevation 18-12-18
DD 2.3 A East Elevation 18-12-18
DD 2.4 A West Elevation 18-12-18
DD 2.5 A West Street Elevation 18-12-18
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Section 19
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
DD 3.1 A Section A 18-12-18
DD 3.2 A Section B 18-12-18
Approved Documents
3. Development must be undertaken strictly under the approved documents listed in the
following table unless otherwise amended by these conditions.
Document
Tectonic. (2020). “Geotechnical Investigation, 54 Seaview Terrace, Sunshine Beach”,
reference 19078-003-Rev 0, dated 17 July 2020.
Joint Expert Report of the Coastal Erosion Experts dated 9 June 2020, including Figure 8-
3 of Omtrek (2019). “Working Notes: Brett Mason v Noosa Shire Council – 54 Seaview
Terrace, Sunshine Beach”.
Joint Expert Report of the Coastal Erosion Experts dated 14 July 2020.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to the Council to secure the performance of all conditions of this
approval, before the issue of a Development Permit for Building Works by a Private
Building Certifier. The cash bond or trading bank guarantee will be returned on the
performance of the conditions of approval less any costs incurred by the Council in
respect of enforcing the performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum in the event that the Appellant defaults in compliance
and does not rectify that compliance upon written request of the Respondent which shall
provide a reasonable time within which any such default is to be rectified.
Building Setback and Height
5. The proposed Detached House must be located on the site, as shown on the Proposed
Site Plan, Drawing No. DD1.3, Revision A. The Detached House is not to be located
closer than 4.3m to the seaward boundary on the northern side and 5.6m to the seaward
boundary on the southern side. The proposed elevated deck on the first level is not to
extend closer than 3m to the seaward boundary. Certification of the location of the
Detached House, including the elevated open deck from the seaward boundary, is to be
provided by a licenced surveyor before the issue of a final classification for the Detached
House by the building certifier. The certification must be submitted to Council.
6. The proposed Detached House must not exceed a maximum height of 8m from the
natural ground level and finished ground level, as shown on the North Elevation, Drawing
No. DD 2.1, Revision A and the South Elevation Drawing No. DD 2.2, Revision A. The
height of the Detached House from natural ground level and finished ground level shall
be certified by a licenced surveyor before the issue of a final classification for the dwelling
by the building certifier. The certification must be submitted to Council.
Geotechnical Stability
7. A footing system and erosion protection system must be designed to withstand the short-
term erosion associated with a 500-year average recurrence interval storm event
combined with shoreline recession due to sea-level rise for 2100 climate change.
The short-term erosion associated with a 500-year average recurrence interval storm
event combined with shoreline recession due to sea-level rise for 2100 climate change
to be considered for the design of stabilisation measures must be that shown on Figure
8-3 of the 2019 Omtrek report “Working Notes: Mason v Noosa Shire Council - 54
Seaview Terrace, Sunshine Beach”, (Reference J0033 R1, 11 May 2019).
8. The footing system and erosion protection system must in accordance with the works
detailed in the Tectonic report “Geotechnical Investigation, 54 Seaview Terrace,
Sunshine Beach”, (Reference 19078-003-Rev 0, 17 July 2020) and other supporting
documents referenced in the Tectonic report.
Page 19 of 23
Section 20
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
9. The design must include the protection of the northern and southern boundaries of the
site to prevent erosion on neighbouring properties exposing the side boundaries of the
site to erosion. The minimum extent of the side boundary protection must be determined
by a line drawn at 28° extending upwards to the west from the base of the rear point of
the erosion shown on Figure 8-3 of the 2019 Omtrek report “Working Notes: Mason v
Noosa Shire Council - 54 Seaview Terrace, Sunshine Beach”, (Reference J0033 R1, 11
May 2019).
10. The design must be accompanied by certification by a Registered Professional Engineer
of Queensland (RPEQ) specialising in geotechnical engineering that the design is
satisfactory and will provide a long-term factor of safety concerning slope stability of no
less than 1.5.
11. Following construction, certification must be supplied to Council by an RPEQ specialising
in geotechnical engineering that the works have been constructed under the approved
design.
12. A dilapidation survey shall be carried out of all adjacent properties before the demolition
of the existing dwelling on the site.
13. Due to the risk of instability on the existing dune slope and the potential for settlement of
loose sand on the adjacent properties, vibrations shall be kept to a minimum and shall
be monitored during the construction of the Detached House. Driven piles (both sheet
piles and pile footings) are not permitted on the site.
14. Landscaping at the rear of the property and the crest of the existing dune slope shall be
limited to a maximum surcharge of 5kPa unless a site-specific slope stability analysis is
carried out to demonstrate that higher loads are acceptable.
15. Under no circumstances shall building materials be temporarily stockpiled in the area of
the crest of the existing dune slope or on the slope.
16. Discharge of concentrated stormwater flows onto the dune slope shall be avoided, and
under no circumstances shall subsurface disposal of water be permitted using infiltration
pits.
17. Stormwater runoff from gutters, down-pipes, driveways, and paved areas shall be
collected and directed by pipes into the Council stormwater system along Seaview
Terrace. Where this is not possible, surface water should be directed to infiltrate into
the ground around the edges of hard surfaces, with infiltration areas set back as far as
possible from the crest of the dune slope.
18. The existing dune slope and any areas disturbed by the construction of the proposed
development shall be revegetated as soon as possible to reduce the potential for erosion.
Earthworks
19. Earthworks required on-site must be carried out under Council’s Planning Scheme Policy
PSP5 Engineering Design Standards, so as not to cause the additional ponding of water
on any adjoining lands or concentrate or direct overland flow on to an adjoining property.
Coastal Protection
20. A mix of native endemic coastal vegetation consisting of ground covers, shrubs and trees
shall be planted for the width of the property, from the edge of the dwelling to the seaward
boundary. The landscaping works is to be consistent with Planning Scheme Policy PSP3
- Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot
size of 200mm and must be planted at the following density:
a. trees must have a maximum spacing of 5m;
b. shrubs must have a maximum spacing of 1.5m; and
c. ground covers planted between the trees and shrub stems from providing dense
coverage.
Page 20 of 23
Section 21
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
The development is to provide adequate landscape buffering to protect the character of
the beachfront, to the reasonable satisfaction of the Manager Development Assessment.
Pedestrian Access
21. A pedestrian access gate must not be installed along the seaward property boundary
with direct access by residents to the beachfront area not being permitted.
Significant Weather Event
22. Should a significant weather event occur which results in substantial erosion within the
site, and undermines the structure and/or renders the Detached House uninhabitable,
the owner must
22.1 Immediately secure the perimeter of the property to prevent unauthorised access
and then undertake necessary works upon the land to make the detached house
safe and suitable for habitation in a timely manner.
a. Any work proposed must be designed to ensure that the work will not cause
adverse impacts on other lands or on coastal processes.
b. Rock, concrete and like hard materials must not be used for the construction
of beach protection works.
c. Any work proposed to be carried out must undertaken in accordance with a
Development Permit for Operational Works.
22.2 or remove the Detached House and all associated structures including the footpath
crossover and make the land safe at no cost to the Council.
4 LOCAL GOVERNMENT GOVERNANCE REFORM
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 November 2020 regarding local government governance reform
and:
A. Adopt the updated Councillor Code of Conduct (prescribed by the Department of Local
Government, Racing and Multicultural Affairs) dated 4 August 2020 provided at
Attachment 1 to the report and repeal the previous Councillor Code of Conduct which
was adopted by Council in December 2018 and further, agree that each Councillor will
sign a declaration to abide by the new Councillor Code of Conduct at all times;
B. Adopt the updated Standing Orders for Council Meetings provided at Attachment 2 to
the report and repeal the previous Standing Orders which were adopted in by Council in
August 2019;
C. Repeal the Model Meeting Procedures adopted by Council on 20 December 2018 and
note that the new Model Meeting Procedures provided at Attachment 3 to the report have
been incorporated into Council’s Standing Orders for Council Meetings;
D. Adopt the updated Investigation Policy provided at Attachment 4 to the report and repeal
the previous Investigation Policy which was adopted by Council in December 2018; and
E. Adopt the Councillor Briefing Sessions and Workshops (Non-Statutory Meetings) Policy
provided at Attachment 5 to the report.
Page 21 of 23
Section 22
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
5 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE – 1ST QUARTER 2020-21
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I declare I have a friendship with Cathryn and Andrew St Baker who have a property that fronts Park
Road and for that reason I will leave the room.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due to my
association with Andrew St Baker who owns a property in Park Road, adjacent to the where the pathway
is located. Andrew St Baker contacted me in May about the pathway in question which runs on the
northern edge of his property. I went to meet with him and looked at the path and he told me the history
of his dealings with Council. I contacted the Project Officer and passed on Mr. St Baker’s
concerns. Later, I informally met the Project Officer on the boardwalk and, I believe, he told me that it
will eventually come before Council. I have a perceived association with Mr. St Baker as I am a surfboard
manufacturer and he is an owner of Thomas Surfboards and the Thomas Factory. I believe Mr. St Baker
has had a fantastic influence on manufacturing in Noosa. In Council I have often congratulated the
Thomas Factory and I have discussed the emerging Enterprise Business Zones which Mr. St Baker
supports. During the Campaign Mr. St Baker allowed me to put an election core flute at the Thomas
Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had two discussions of the
Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at his house, which is,
obviously, right above the surf break. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I believe I do not have a close personal
relationship with Mr St Baker. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain in and participate in the decision.
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 10 November 2020 providing an update on operations
of the Infrastructure Services Department for the period 1 July to 30 September 2020.
6 NOOSA COUNCIL 2019-20 ANNUAL REPORT
That Council note the report by the Director Executive Services to the General Committee
Meeting dated 16 November 2020 and:
A. Adopt the Noosa Council 2019-20 Annual Report incorporating the 2019-20 Audited
Financial Statements provided as Attachment 1 to this report.
B. Authorise the Chief Executive Officer to make any required minor amendments
7 FINANCIAL PERFORMANCE REPORT – OCTOBER 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 November 2020 outlining October 2020 year to date financial performance
against budget, including performance against key financial sustainability indicators.
Committee Recommendation
That the report of the General Committee dated 16 November 2020 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 22 of 23
Section 23
ORDINARY MEETING AGENDA 19 NOVEMBER 2020
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 17 December 2020 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
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