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2019-09-16 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   16 SEPTEMBER 2019


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
16 SEPTEMBER 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell and Tony Wellington


1.   UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
     Committee Recommendation
     Moved:             Cr Wellington
     Seconded:          Cr Glasgow
     That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
     Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire
     Council Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a
     correction to section 13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on
     Monday 23 September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3)
     2018”.
                                                                            Carried unanimously.


2.   OPW17/0150.01 MINOR CHANGE TO DEVELOPMENT APPROVAL FOR
     OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING
     JETTY AT 180 GYMPIE TERRACE NOOSAVILLE
     Motion
     Moved:           Cr Jackson
     Seconded:        Cr Glasgow
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
     make a minor change to an existing approval for extension to an existing jetty situated at
     Jetty 180 Gympie Terrace, Noosaville and agree to the defer the matter to a future Council
     meeting as requested by the applicant to allow further discussions and determine if a
     resolution can be found.:
     A.    Refuse the change for the following reasons:
           1.    The proposed works do not represent a minor change to the development
                 approval because the change results in a substantially different development as
                 it extends the use beyond the boundary of the lease and therefore results in the
                 application applying to a new parcel of land.
           2.    The proposed works will result in a commercial activity outside the existing
                 commercial lease area and have the potential to increase the overall scale and
                 intensity of commercial operations contrary to the following provisions of the
                 Noosaville Locality Code:
                 (i)    Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
                        foreshores from the cumulative impacts of development;
                 (ii)   Specific Outcome O27(d) and (f), O28 and O29;
           3.    The proposed development is contrary to Specific Outcome O5(a) and (b) of the
                 Waterway Works Code as the works are contained outside the boundaries of the
                 existing lot and the berthing of vessels encroaches over the boundaries of the
                 lot.

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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                16 SEPTEMBER 2019

         4.     The proposal is contrary to Schedule 3 of the Coastal Protection and
                Management Regulation 2017 as certification that the completed works comply
                with the requirements of the regulation has not been provided.
         5.     The proposal is contrary to Performance Outcomes P03 and P09 of the
                Waterways Works Code of the draft New Noosa Plan whereby all commercial
                activities for a jetty are to be confined to the commercial lease areas of the
                respective commercial operation.
    B.   Advise the applicant that the structure must be modified to comply with the
         Development Permit for Operational Works (OPW17/015) and approved plans within
         6 months.
    C.   Write to the Department of Natural Resources, Mines and Energy and request that the
         Department review the current commercial operations of Jetty 180 to ensure
         compliance with the current lease conditions.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    For:        Crs Glasgow and Jackson
    Against:    Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
                                                                                          Lost.


    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Wellington
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
    make a minor change to an existing approval for extension to an existing jetty situated at
    Jetty 180 Gympie Terrace, Noosaville and
    A.   Refuse the change for the following reasons:
         1.     The proposed works do not represent a minor change to the development
                approval because the change results in a substantially different development as
                it extends the use beyond the boundary of the lease and therefore results in the
                application applying to a new parcel of land.
         2.     The proposed works will result in a commercial activity outside the existing
                commercial lease area and have the potential to increase the overall scale and
                intensity of commercial operations contrary to the following provisions of the
                Noosaville Locality Code:
                (i)   Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
                      foreshores from the cumulative impacts of development;
                (ii)   Specific Outcome O27(d) and (f), O28 and O29;
         3.     The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
                Waterway Works Code as the works are contained outside the boundaries of the
                existing lot and the berthing of vessels encroaches over the boundaries of the
                lot.
         4.     The proposal is contrary to Schedule 3 of the Coastal Protection and
                Management Regulation 2017 as certification that the completed works comply
                with the requirements of the regulation has not been provided.


                                                                                    Page 2 of 8

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     16 SEPTEMBER 2019

          5.     The proposal is contrary to Performance Outcomes P03 and P09 of the
                 Waterways Works Code of the draft New Noosa Plan whereby all commercial
                 activities for a jetty are to be confined to the commercial lease areas of the
                 respective commercial operation.
     B.   Advise the applicant that the structure must be modified to comply with the
          Development Permit for Operational Works (OPW17/015) and approved plans within
          6 months.
     C.   Write to the Department of Natural Resources, Mines and Energy and request that the
          Department review the current commercial operations of Jetty 180 to ensure
          compliance with the current lease conditions.
     D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     For:        Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
     Against:    Crs Glasgow and Jackson
                                                                                             Carried.


3.   MCU19/0081 DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR 16
     ANCILLARY DWELLING UNITS AT 64 GATEWAY DRIVE NOOSAVILLE
     Committee Recommendation
     Moved:              Cr Wellington
     Seconded:           Cr Jurisevic
     That Council note the report by Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 September 2019 regarding Application No
     MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
     Units situated at 64 Gateway Drive Noosaville and
     A.   Refuse the application for the following reasons:
          1.     The proposed development is not for Ancillary dwelling units as defined under
                 section 2.11.5 of the Planning Scheme because:
                (i)     multiple dwelling units are proposed on the premises;
                (ii)    the proposed dwelling units are not subordinate to the non-residential use.
          2.     The proposed development is for Multiple housing which under Table 11.9 of
                 Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
                 Zone requiring impact assessment.
          3.     The proposed development is inconsistent with the Noosaville Locality Code in
                 the following respects:
                 (i)     The proposed use will be incompatible with other uses and works on the
                         premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
                 (ii)    The proposed use fails to protect the subject premises for industrial
                         functions to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of
                         the Overall Outcomes Division 16;
          4.     The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
                 Detached House Code as land zoned industrial is not suited for residential use
                 and would be located in the vicinity of land uses which would adversely impact
                 the occupation and use of buildings and the site by residents and would result in


                                                                                         Page 3 of 8

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   16 SEPTEMBER 2019

                  the residential development preventing or inhibiting the conduct of existing land
                  uses.
          5.      A number of the proposed dwelling units contain upper level storage levels
                  directly accessed by internal stairs which would not meet fire separation
                  requirements of the Building Code of Australia.
          6.      There is no planning need for the proposed development.
          7.      The proposed development is inconsistent with the existing development
                  approval in effect for the development of the site for industrial uses and
                  represents a piecemeal development.
          8.      The proposed development is contrary to PO7 of the Low Impact industry Zone
                  Code of the draft New Noosa Plan provisions which reinforce that caretakers
                  uses are to be subordinate to the industrial uses on the site and include only one
                  caretaker per site.
     B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                         Carried unanimously.



4.   OPW19/0046 PLANNING & ENVIRONMENT COURT APPEAL NO 1802 OF 2019
     REFUSAL OF APPLICATION FOR OPERATIONAL WORKS FOR SIGNAGE AT 1/100
     RENE ST, NOOSAVILLE
     Committee Recommendation
     Moved:               Cr Stockwell
     Seconded:            Cr Pardon
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 September 2019 regarding Planning &
     Environment Court Appeal No. 1802 of 2019 and agree to settle the appeal generally in
     accordance with the following:
     A.   Include the following conditions on a Development Permit for Operational Works
          (Signage):
          Nature and Extent of Approved Development
          1.      This approval authorises the following sign as defined by the planning scheme
                  and shown on the Approved Plans:
                  a.      One wall sign
                  No additional advertising devices must be erected on the site.
          Approved Plans
          2.      Development undertaken in accordance with this approval must generally comply
                  with the approved plans of development. The approved plan is listed in the
                  following table

               Plan No.                    Rev.   Plan/Document Name                  Date

               Work Order 26754 Item 1     1      Plan prepared by SignSite Group     16/08/2018




                                                                                       Page 4 of 8

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                  16 SEPTEMBER 2019

          3.     The approved sign must not exceed the dimensions and sign areas as shown on
                 the Approved Plans.
          Illumination
          4.     The approved sign must not be illuminated in any way.
          Maintenance
          5.     The approved sign must be properly maintained by the owner of the property to
                 ensure the signs continue to comply with the Approved Plans and conditions of
                 this Decision Notice.
     B.   Confirm with the appellant that the existing window sign must be removed within 30
          days of the judgement.
     C.   Acknowledge the appellant may erect a sign for their business on the existing pylon
          sign at the entrance to Noosa Metro Innovation Park.
                                                                      Carried unanimously.


5.   MCU18/0204 PLANNING & ENVIRONMENT COURT APPEAL NO 2352 OF 2019 -
     REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR OFFICE,
     RESTAURANT & SHOP AT 6 HERON ST, PEREGIAN BEACH
     Committee Recommendation
     Moved:           Cr Jurisevic
     Seconded:        Cr Wellington
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 September 2019 regarding Planning &
     Environment Court Appeal No. 2352 of 2019 and agree to defend the appeal.
                                                                     Carried unanimously.


6.   ENVIRONMENT GRANTS POLICY
     Committee Recommendation
     Moved:           Cr Jurisevic
     Seconded:        Cr Pardon
     That Council note the report by the Environmental Services Manager to the Planning &
     Environment Committee Meeting dated 10 September 2019 and:
     A.   Repeal the Environment Grants Policy adopted on 21 February 2019 and adopt the
          revised Environment Grants Policy provided at Attachment 1 to the Report with the
          additional words included under the heading of Council Policy: “All initiatives funded by
          the Environment Grants Program will have tangible and measureable outcomes.”;
     B.   Note the Draft Multi-year Collaborative Environmental Grants - Operating Guideline
          provided at Attachment 2 to the Report, developed by the Environment Levy Working
          Group, as per the Environment Grants Policy; and
     C.   Approve the Environment Grants being directed towards outcomes of the Biodiversity
          and Waterways, Wetlands & Coasts sections of the Noosa Environment Strategy, while
          the Environment Levy remains the sole funding source for the Grants.
                                                                          Carried unanimously.


                                                                                      Page 5 of 8

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                               16 SEPTEMBER 2019


7.   COUNCIL MEETING SCHEDULE - JANUARY TO MARCH 2020
     Committee Recommendation
     Moved:            Cr Jurisevic
     Seconded:         Cr Glasgow
     That Council note the report by the Executive Assistant to the CEO to the Services &
     Organisation Committee Meeting dated 10 September 2019 and approve the Council
     meeting dates for 2020 as set out in Attachment 1 to the report.
The meeting adjourned at 11.30am.
The meeting resumed at 11.39am.
                                                                        Carried unanimously.



8.   SOCIAL STRATEGY IMPLEMENTATION UPDATE 2018-19
     Committee Recommendation
     Moved:            Cr Jackson
     Seconded:         Cr Jurisevic
     That Council note the report by the Community Development Manager to the Services &
     Organisation Committee Meeting dated 10 September 2019 on the Social Strategy
     Implementation Plan after 3 years of operation and:
     A.    Note the updated Implementation Table, provided at Attachment 1 to the report;
     B.    Request the Chief Executive Officer to review and update the Noosa Social Strategy
           during 2020/21; and
     C.    Consider appropriate resourcing of the Social Strategy review within the 2020/21
           Budget process.
                                                                      Carried unanimously.



9.   NOOSA SPIT SHORELINE EROSION UPDATE - SEPTEMBER 2019
     Committee Recommendation
     Moved:            Cr Glasgow
     Seconded:         Cr Pardon
     That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore
     to the Services & Organisation Committee Meeting dated 10 September 2019 providing an
     update on the development of a Shoreline Erosion Management Plan (SEMP) for Noosa
     Spit.
                                                                         Carried unanimously.




                                                                                   Page 6 of 8

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                 16 SEPTEMBER 2019

10.   WASTE MANAGEMENT - 2018-19 ANNUAL REPORT
      Committee Recommendation
      Moved:            Cr Jurisevic
      Seconded:         Cr Pardon
      That Council note the report by the Waste Coordinator to the Services and Organisation
      Committee Meeting dated 10 September 2019, providing an update on the activities of the
      Waste Section for the financial year 2018/19.
      Cr Glasgow left the meeting.
                                                                         Carried unanimously.
                                                              (Cr Glasgow was absent for the vote)




11.   JULY 2019 RATE LEVY OVERVIEW
      Cr Glasgow returned to the meeting.
      Committee Recommendation
      Moved:            Cr Glasgow
      Seconded:         Cr Jackson
      That Council note the report by the Manager Revenue Services to the Services &
      Organisation Committee Meeting dated 10 September 2019 providing an overview of the
      July 2019 Rate Levy.
                                                                   Carried unanimously.




12    MCU16 0153 01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
      CHANGE OF USE OF PREMISES & REC16/0041 FOR RECONFIGURE OF A LOT AT 215
      DAVID LOW WAY PEREGIAN BEACH
      Committee Recommendation
      Moved:            Cr Jackson
      Seconded:         Cr Glasgow
      That Council note the report by the Coordinator Planning to the General Committee Meeting
      dated 16 September 2019 regarding Application No. MCU16/0153.01 and REC16/0041 for
      a Pre-Request Response to Change Conditions of the Development Approval for 215 David
      Low Way, Peregian Beach and note that the applicant no longer intends to pursue their
      request for a pre-request response from Council and now intends to go directly to the
      Planning and Environment Court on this matter.:
      A.    Advise the applicant that Council does not support the proposed changes to condition
            2, 3, 6, 37 and 66 and the deletion of condition 17 as:
            1.    The proposed change does not constitute a minor change under the Planning
                  Act 2016 as the changes would result in a substantially different development,
                  as they would potentially:
                  (i)   change the ability of the proposed development to operate as intended;
                        and



                                                                                     Page 7 of 8

Section 8

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     16 SEPTEMBER 2019

                (ii)   remove (through its later and uncertain provision) a component that is
                       integral to the operation and development of the site.
          2.    The proposal is not consistent with the Environmental Outcomes of the Noosa
                Plan as the changes do not provide certainty that a range of visitor
                accommodation types will be provided.
          3.    The proposal is not consistent with the Eastern Beaches Locality Code as it
                would create no certainty about the delivery of the motel and would not optimise
                the site’s utilisation for short term visitor accommodation. There is relatively little
                commercial short term accommodation in Peregian Beach and the motel
                provides a reasonable alternative to the low cost accommodation intended for
                the site.
          4.    The proposal is not consistent with the draft Noosa Plan as the proposed staging
                does not provide certainty that a diversity of visitor accommodation types and
                affordability will be provided in Peregian Beach.
          5.    There are other opportunities to mitigate the potential construction impacts on
                the motel as opposed to delaying the development of the motel.
          6.    The funding requirements for the development are not a relevant consideration
                for planning matters and the proposed change to conditions.
     B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                         Carried unanimously.




13   FINANCIAL PERFORMANCE REPORT - AUGUST 2019
     Committee Recommendation
     Moved:            Cr Glasgow
     Seconded:         Cr Jurisevic
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 16 September 2019 outlining August 2019 year to date financial performance
     against budget, including changes to the financial performance report with the inclusion of
     key financial sustainability indicators.
                                                                        Carried unanimously.




                                                                                         Page 8 of 8

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