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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.
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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
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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
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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.
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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.
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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
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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.
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