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2023-03-07 Planning & Environment Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 7 March 2023
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Full text of the other 48 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4. DEPUTATIONS 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU22/0208 APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 132 SOLAR ROAD COOROY MOUNTAIN 4
2 PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 –
APPLICATION FOR A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL
WORKS CLEARING OF VEGETATION AT 11C CHURCH STREET, POMONA 16
3 SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW
– 12 MONTH REVIEW 21
4 NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP 32
6. REPORTS FOR NOTING BY THE COMMITTEE 37
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
– JANUARY 2023 37
7. CLOSED SESSION 49
Page 2 of 49
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 7 February 2023 be
received and confirmed.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
Page 3 of 49
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0208 APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 132 SOLAR ROAD COOROY MOUNTAIN
Author Acting Coordinator Planning, Nadine Gorton
Environment and Sustainable Development Department
Index ECM/Application/MCU22/0208
Attachments 1. Proposal Plans (site plan and floor plan)
APPLICATION DETAILS
Applicant Oliver O’Reilly C/- RG Strategic Australia
Proposal Short Term Accommodation
Properly Made Date 7 December 2022
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 17 March 2023
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 132 Solar Road, Cooroy
RP Description Lot 19 SP 236314
Land Area 4675m2
Existing Use of Land Dwelling
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Rural
Precinct Not applicable
Local Plan Area Not applicable
Overlays Biodiversity, waterways and wetlands
Landslide hazard
Water supply buffer area
Water Resource Catchment
Assessment Type Code
Page 4 of 49
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
EXECUTIVE SUMMARY
This application seeks approval to use an existing two storey dwelling at 132 Solar Road, Cooroy
Mountain for short term accommodation when the owners are not using it. No changes are
proposed to the dwelling and all parts of the site will be available for the proposed use. The
applicant proposes to cater for up to 8 guests onsite with the existing two car garage and driveway
available for guest parking.
Short term accommodation is a code assessable use in the Rural zone in which the site is
contained, and the proposal has been assessed against the relevant codes and has been
determined to comply with all outcomes.
This application would normally have been determined by staff under delegated authority, however
in the context of recent Council reports on housing including the Short Term Monitoring Report
2022 and the Noosa Housing Strategy 2022, the matter is being reported to Council for
consideration. The report recommends approval of the application as it is consistent with the
provisions of the Noosa Plan.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 7 March 2023 regarding Application No. MCU22/0208 for a Material
Change of Use – Short Term Accommodation situated at 132 Solar Road, Cooroy Mountain,
described as Lot 19 on SP236314 and approve the application subject to the following conditions.
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Plans and Documents
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
002623 A Site Plan -
002623 A Floor Plan as amended by Council -
Currency Period
3. This development approval lapses if the use has not happened by 16 March 2029, unless an
application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms within the existing dwelling that are available for guest
accommodation must not exceed 4.
5. The total number of guests accommodated at any one time must not exceed 8.
Amenity
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 10pm
each night.
7. The operation of the approved use must not detrimentally affect the residential amenity
(including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
residents or cause a nuisance, including a noise nuisance.
8. The operation of the approved use must be in accordance with Administration (Amendment)
Subordinate Local Law (No.1) 2021.
Page 5 of 49
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
*Refer Advisory Note.
Contact Person
9. Prior to the commencement of the use written confirmation must be provided to Council
confirming:
a. the name and telephone number of the contact person (which may include the name
and contact details of an individual, letting agency, property manager, security firm or
the like) for the purposes of the operation of the short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within a 20 kilometre radius of the premises; and
d. that the contact person is to be responsible for the supervision and management of
the premises, including addressing complaints about the use of the premises for short
stay letting and visitor queries.
Code of Conduct
10. A code of conduct must be developed and provided to all users and occupants of the short
term accommodation, including any website or social media used to promote the use of the
premises for short term accommodation.
The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to noise,
overlooking, light spill or odour) enjoyed by residents in the vicinity of the
premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by Queensland
Government legislation for environmental protection (noise).
b. That a user of the premises must not sleep or camp on the premises in a tent, caravan,
campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience to
adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the separation of
recyclable waste) produced as a result of the ordinary use or occupation of the
premises in a waste container.
e. That each user of the premises must ensure that the premises, including the grounds
of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of
this development approval.
Page 6 of 49
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
11. The Code of Conduct must be displayed in a prominent location at the premises so that it
can be viewed by guests.
Complaints Management
12. The contact person must maintain a record of all complaints received, identifying how each
complaint has been resolved or addressed within a reasonable time.
13. The contact person must respond to all complaints within 30 minutes of notification of a
complaint.
14. The contact person, must keep and maintain a register of the use of the premises for short
stay letting or home hosted accommodation, and record in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay letting
or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of the
premises.
b. the dates when each person’s use, or occupation, of the premises for short stay letting
or home hosted accommodation began and ended.
15. The contact person, must make available, for inspection by Council, within 5 business days
of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 16; and
b. the register referred to in condition 18.
Water Supply
16. The development must be provided with a potable water supply. The storage capacity of the
potable water supply must be a minimum of 5000 litres per guest.
Waste Water Treatment and Disposal
17. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use*.
*(Refer to Advisory Note)
Retention of Existing Trees
18. All existing native vegetation located on the site and in the road reserve must be retained
and protected.
ENGINEERING
19. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
20. Directional signage must be provided to direct visitors to the car parking spaces provided on
site.
REPORT
1. PROPOSAL
The application seeks approval to utilise the existing two storey dwelling at 13 Solar Road, Cooroy
for Short Term Accommodation. No changes are proposed to the existing dwelling with the
applicant advising all parts of the site will be available for the proposed use. The existing dwelling
has four bedrooms and one media room with the applicant originally seeking approval for 10 guests
however reducing the number of guests during assessment to 8 persons.
Page 7 of 49
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
The two car garage and associated driveway will be available for car parking for guests.
The applicant intends to utilise the subject property as their holiday home however wishes to short
term let the property when they are not utilising the premises. A local property manager will oversee
the management of the accommodation and a code of conduct will be provided for all guests to
adhere to.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
Page 8 of 49
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Figure 3 – Floor Plan
Page 9 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
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Page 9 of 49Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Figure 4 – Photos of existing dwelling
2. SITE DETAILS
2.1. Site Description
The site is an irregular shaped lot with a narrow frontage to Solar Road, Cooroy Mountain. An
existing dwelling, pool, deck and fire pit are located on site and are over 130 metres to the nearest
dwellings. Vegetation on site will mostly screen the dwelling from the nearest dwellings. The site
has an area of 4.67ha.
2.2. Surrounding Land Uses
The site is located in an area characterised by a mix of rural properties which range in size being
mostly used as lifestyle properties with limited primary producing activities.
Page 10 of 49
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Rural Zone Code;
Visitor Accommodation Use Code;
All Works Codes;
The subject site is located in the Cooroy area and is zoned Rural. The proposed use is identified
as a consistent use within the zone and is required to follow a code assessable application process.
The Planning Act 2016 details that in deciding development applications that are properly made
and involve code assessment, the assessment manager:
(a) must decide to approve the application to the extent the development complies with all of
the assessment benchmarks for the development; and
(b) may decide to approve the application even if the development does not comply with
some of the assessment benchmarks;
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment
benchmarks, decide to refuse the application only if compliance can not be achieved by
imposing development conditions.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Rural Zone Code and Visitor Accommodation Code
The Noosa Plan 2020 details that the purpose of the Rural Zone Code is to:
6.8.3.2 (1)
a) provide for rural uses and activities; and
b) provide for other uses and activities that are compatible with:
i. existing and future rural uses and activities; and
ii. the character and environmental features of the zone; and
c) maintain the capacity of land for rural uses and activities by protecting and managing
significant natural resources and processes
The Overall Outcomes include several outcomes relating to accommodation including:
6.8.3.2 (2)
h) The establishment of outdoor recreation and small-scale tourism facilities in suitable
locations is facilitated in a manner that does not significantly compromise the rural
productivity or ecological values of the land.
i) Visitor accommodation complements rural uses and promotes the sustainable use of rural
land.
Page 11 of 49
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
j) Houses or outbuildings may be available for short term guests where there is no resultant
changes to the rural amenity or rural production of the area.
Unlike the Low Density Residential, Medium Density Residential and High Density Residential
zone Codes, the Rural Zone Code does not reference these areas as being predominantly home
to permanent residents.
The proposal has been reviewed against the Rural Zone Code which details that development is
to be compatible with agriculture and protect the environmental and landscape values. The
proposal is consistent with the code as the land is not identified as good agricultural land by the
Agricultural Land Conservation Area and is unlikely to detract from the rural amenity of adjoining
properties given it is located over 130m from the nearest dwellings with on-site vegetation
screening the dwelling and associated pool and deck areas. Refer figure 5 below.
Figure 5 – Subject site and surrounding properties.
The Assessment table of the Rural Zone code that details Short Term Accommodation is a
consistent code assessable use within a dwelling house of no more than five bedrooms. The
applicant originally sought approval to use the existing bedrooms and media room of the dwelling
for accommodation for up to 10 guests which is consistent with the assessment table of the Rural
zone, however reduced the number of guests to 8 during assessment of the proposal.
The proposal has been reviewed against the Visitor Accommodation Code and is consistent with
this code’s requirements. The existing dwelling is sited to avoid conflicts with nearby sensitive land
uses, has a site area of more than 4ha and is located within an existing dwelling with no clearing
of existing vegetation to accommodate the use. The accommodation will not overlook the living
areas of neighbouring properties due to existing vegetation and the location of the dwelling to the
rear of the site and maintains the privacy and amenity of the area. The site has sufficient area
available on site for car parking and waste storage.
To ensure the potential impacts of noise are minimised, conditions are recommended to be
imposed including a limit on the number of guests to 8 at any one time, restriction of the use of
outdoor areas after 10pm and a requirement to maintain a register of complaints.
Overall, the proposed use is considered to align with the intent of the Rural Zone Code and the
Visitor Accommodation Code and provides short term accommodation that maintains the viability
of rural activities on the site and the surrounding area.
Page 12 of 49
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
A new Local Law for Short Stay letting commenced 1 February 2022 which regulates the ongoing
operation of short stay letting and home hosted accommodation and manages the impacts on
permanent residents and guest safety. Accordingly, an advisory note will be included on the
approval to alert the applicant to the requirements under this legislation.
Landslide Hazard and Regional Infrastructure Overlays
While the site is mapped by the Landslide Hazard and Regional Infrastructure Overlays,
assessment of the application against these overlays is not required by the tables of assessment
given the use is occurring within an existing dwelling.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The application seeks approval to utilise an existing dwelling for short term accommodation in the
rural area. The use of the existing dwelling ensures that the character and environmental attributes
of the site are maintained.
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 13 of 49
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Attachment 1
Page 14 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
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SITE ADDRESS PLAN TITLE RGS JOB NO.
132 Solar Road, COOROY MOUNTAIN QLD 4563 Site Plan 002623 I ‘
REAL PROPERTY DESCRIPTION DATE APPLICATION i Py
Lot 19 on SPZ36314 30/11/2022 MCU Short-Tern Accommodation
10 x Persons
COUNCIL REVISHON
Noosa Shire A
Page 14 of 49Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Page 15 of 49
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GROUND FLOOR Sete mp
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REAL PROPERTY DESCRIPTION DATE APPLICATION Es
SITE ADDRESS PLAN TITLE RGS JOB NO,
132 Soler Road, COOROY MOUNTAIN GLD 45463 Floor Phar 002623
Lot 19 on SP234314 30/1/2022 MCU Short-Term Accommodation
10 x Persons
COUNCIL REVISION
Nooso Shire A
Page 15 of 49Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
2 PLANNING & ENVIRONMENT COURT APPEAL NO. D14 OF 2023 – APPLICATION FOR
A MULTIPLE DWELLING (20 UNITS) & OPERATIONAL WORKS CLEARING OF
VEGETATION AT 11C CHURCH STREET, POMONA
Author Acting Development Assessment Manager, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/ Application/ MCU22/0031 & OPW22/0062/ Case/ D14/2023 Pace
Planning Pty Ltd
Attachments Nil
EXECUTIVE SUMMARY
This report advises Council that an appeal has been lodged against a decision made under
delegation by officers to refuse a multiple dwelling development of 20 units and operational works
for clearing of vegetation at 11C Church Street, Pomona.
The application was refused by officers due to non-compliance with the Noosa Plan 2020
requirements for stormwater and drainage, excessive cut and fill, environmental impacts and
unsatisfactory built form.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 March 2023 regarding Planning & Environment Court
Appeal D14 of 2023 and agree to defend the appeal.
REPORT
On 21 December 2022 Council officers under delegation refused a development application for a
multiple dwelling of 20 units and operational works for clearing of vegetation at 11C Church Street,
Pomona for the following reasons:
1. The proposed development does not comply with PO2(c), (b), PO7, PO9 and PO11 of the
Water Quality and Drainage Code as it has not been satisfactorily demonstrated that:
a) the development will not increase flows and flood impacts downstream of the site, with
the report showing the development will increase flows and flood impacts downstream
of the site and there are existing flood-inundated properties at risk;
b) the development will be able to convey the external up-slope catchments through the
development site whilst achieving adequate freeboard for the proposed units and
internal driveways and parking free of flooding;
c) the proposed bioretention system has been designed or located to maximise landscape
amenity benefits and is able to be adequately accessed for on-going maintenance.
d) the development will be able to incorporate vegetated natural channel design for the
proposed northern drainage channel replacing a mapped waterway, whilst achieving
adequate freeboard for the proposed units.
2. The proposed development does not comply with PO1, PO3, PO10 and PO5 of the Flood
Hazard Overlay Code as it has not been satisfactorily demonstrated that:
a) the proposed units will be able to achieve adequate freeboard above the DFE and the
private open space of the units will achieve adequate flood immunity for the local
catchments which enters the site from the North and West;
Page 16 of 49
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
b) the development will not fill below the DFE within the creek floodplain;
c) the proposed units will not cause flood impacts downstream of the site and there are
existing flood-inundated properties at risk.
3. The proposed extent of earthworks does not comply with AO22.1 and PO22 of the Medium
Density Residential Zone Code as the proposal will have significant impact on the landform,
proposing to fully reprofile and change the site’s landform, channelising and redirecting the
northern watercourse and intruding into the riparian buffer and beyond the top of bank of the
southern watercourse adversely disturbing the site’s natural features.
4. The development does not comply with PO1, PO3, PO5, PO6, PO9 and PO10 of the
Biodiversity, Waterways and Wetlands Overlay as:
a) the proposed development and development works are located in the riparian buffer
and extend beyond the surveyed top of bank of the site’s southern waterway impacting
the ecological values of this waterway and limiting the ability to enhance this area.
b) The waterway along the northern boundary is not protected and enhanced with the
waterway filled and a drainage solution of hard concrete channel and pits and pipes
proposed.
c) The extent of earthworks, retaining walls and built form is not sufficiently setback from
the site’s waterways and will lead to adverse edge effects during construction and from
future users of the development.
5. The proposed development’s design does not contribute positively to the locality with
insufficient individual design elements to add visual interest to the development incorporated
contrary to PO14 of the Medium Density Residential Zone Code.
6. The proposed built form does not comply with the PO7 of the Hinterland Villages Local Plan
Code as the buildings are not consistent with and reflective of the traditional character of
Pomona in terms of form, composition and use of materials.
The application, after extensive discussions with the applicant, was refused by delegation pursuant
to the delegations for code assessable applications, to avoid the application being deemed
approved, as the applicant was not agreeable to extending the decision period further.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
The proposed multiple dwelling comprises 20 single storey dwelling units, including 7 x three
bedroom units and 13 x two bedroom units, with 15 of the units meeting the scheme’s current
definition of small dwelling units.
Page 17 of 49
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Figure 1 – Locality Plan
Figure 2 – Site Plan
Page 18 of 49
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
While the proposed development is consistent with the zoning intent of the site for medium density
residential under the Noosa Plan 2020 to provide a range of housing choices in Pomona, the
application failed to satisfactorily address the site’s natural features and constraints and the
proposed built form requires improvement.
Two watercourses traverse the site, and flooding occurs around these, with significant overland
flow coming from the north and north-west of the site. There is regrowth on the site predominantly
in the riparian buffer along the southern watercourse and the Church Street road verge, with some
native species characteristic of the mapped regional ecosystem expected for the area. Much of the
site though is disturbed, with the area outside the riparian area dominated by maintained grass
areas and the northern water course significantly modified, with a sewerage line constructed
previously through the area.
The proposed development partly intrudes into the mapped riparian buffer and extends beyond the
top of the bank of the southern watercourse. The northern watercourse is proposed to be filled and
channelised.
The site receives overland flow flooding through the northern and north-western site boundaries,
the proposed development includes units and private open space along these boundaries. The
collection and conveyance of this overland flow flooding is through the private open space of the
units and not fully contained in drainage infrastructure that is located within a drainage easement
in common property and kept separate to the minimum required private open space.
It is not clear from the applicant’s hydraulic report that adequate freeboard for the units will be
achieved above the defined flood event (DFE) or that the works will not cause flooding impacts
downstream of the site. The last hydraulic report submitted to Council showed that a downstream
property would be adversely impacted by the works. The report is also unclear whether filling and
development is proposed within the 1%AEP creek flooding extent, but it appears likely. Excessive
earthworks are also proposed contrary to the scheme’s requirements to maintain the natural
landform with areas up to 3.5 to 4m in depth being cut or filled.
The proposed built form is modest and simple, but is quite repetitive, with additional design
elements required to add interest and better reflect the traditional character of Pomona. See Figure
3 detailing the proposed elevations.
Figure 3 - Elevations
Page 19 of 49
Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Forty-six letters/emails of objection were received from residents, mostly of Pomona, raising
concerns with the proposed development in respect to flooding and environmental impacts,
insufficient on-site car parking, and density and design of the development. It is important to note
that under the Planning Act 2016 issues raised by residents were not able to be considered by
officers in deciding the application. These residents are also not able to join the appeal, given the
application is required to follow a code assessable application process.
The issues raised in the reasons of refusal given by officers impact the site layout and the number
of units able to be achieved on site and to satisfactorily address the site’s constraints the applicant
will likely need to change their application and reduce the number of units proposed.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 20 of 49
Section 21
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
3 SHORT STAY LETTING OR HOME HOSTED ACCOMMODATION LOCAL LAW – 12
MONTH REVIEW
Author Principal Strategic Planner, Anita Lakeland
Environment and Sustainable Development Department
Index ECM/ 37.15 Local Law No. 1 Amendments – Short Stay Letting
Attachments Nil
EXECUTIVE SUMMARY
On 21 October 2021 Council resolved to make Subordinate Local Law – Schedule 21A Operation
of Short Stay Letting or Home Hosted Accommodation (the local law) which commenced operation
on 1 February 2022.
Council also resolved to undertake a 12 month review of the operation of the local law, to determine
if any changes were needed to enhance its operation, and to establish a multi-interest stakeholder
group for ongoing consultation including input into the review process.
As part of the review, consultation was undertaken with a range of stakeholders from the short
term accommodation (STA) industry sector operating in Noosa as well as representatives from
Noosa resident and community interest groups. Engagement with the stakeholders included a
questionnaire and a stakeholder meeting.
Implementation of the local law has been well received, with a greater than expected number of
applications made under the local law in the first 12 months of its operation and positive responses
from stakeholders on the improvements that have been implemented to the management of
complaints and the 24/7 hotline.
A review of the local law’s operation and feedback from the multi-interest stakeholder group has
indicated the local law is working well and no changes are required to the content or requirements
of the local law.
However, improvements were identified to other frameworks supporting the local law, including
application processing and system improvements, increased resources, better communication and
explanatory material and compliance and enforcement measures. As a result of the review and
stakeholder feedback a number of actions are proposed to improve the ongoing implementation of
the local law, which are outlined in this report.
Whilst the matter of exemptions from the local law were raised, this will be further looked at
separately as part of the review of the Tourist Accommodation zone currently underway.
The resource implications and funding options were also reviewed, including the previously
deferred introduction of an annual renewal fee. It is proposed the ongoing implementation of the
local law will be funded on a cost recovery basis, through application fees and the introduction of
an annual renewal fee. The renewal fee is proposed to be introduced from 30 June 2023 and apply
to all properties approved under the local law on an ongoing annual basis whilst the property
continues to operate short stay letting or home hosted accommodation. The annual renewal fee is
proposed on a sliding scale depending on the approval type under the local law.
RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 March 2023 and
A. Note the 12 month review of the Local Law has been completed;
B. Undertake the range of actions identified in this report to improve the implementation of the
Short Stay Letting or Home Hosted Accommodation Local Law, and specifically:
Page 21 of 49
Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
1. Increase staff resources to include two additional local law assessment and compliance
officers on a temporary basis to assess the backlog of applications and undertake
compliance action where required;
2. Undertake compliance and enforcement action on properties operating short stay
letting or home hosted accommodation without an approval or not displaying an
approval notice;
3. Introduce an annual renewal fee on 30 June 2023 for all short stay let and home hosted
accommodation properties on a sliding scale at a rate of:
Detached house $400
Detached house limited to 4 times and maximum 60 days $100
Unit $200
Unit limited to 4 times and maximum 60 days $100
Home hosted accommodation $100
C. Continue to monitor the implementation of the Short Stay Letting or Home Hosted
Accommodation local law and make improvements where needed; and
D. Continue to liaise with the multi-interest stakeholder group on the implementation of the local
law on an as-needs basis and thank this group for their input into the review process to date.
REPORT
The purpose of this report is to provide the outcomes of a 12 month review of the Short Stay Letting
or Home Hosted Accommodation Local Law (local law) as required by Council’s resolution on 21
October 2022. The report makes recommendations on actions and improvements to the ongoing
implementation of the local law as identified by the review and the introduction of an annual renewal
fee.
1. Background
Following an increase in the number of dwellings being used for short term accommodation and
the resulting negative impacts on residential amenity on permanent residents, Council identified
the need to manage the ongoing use of short term accommodation properties through a local law
framework.
A first draft of the local law was initially prepared and publicly notified in late 2019 but was put on
hold following the State Government’s intention at the time to take a state wide approach to
managing short stay letting. The State deferred the matter with the onset of COVID-19 prompting
Council to recommence the preparation of its own local law. A revised version of the draft local law
was publicly notified a second time in 2021. 615 submissions were received and considered which
resulted in numerous amendments to the final version of the local law.
On 21 October 2021 Council resolved to make Subordinate Local Law – Schedule 21A Operation
of Short Stay Letting or Home Hosted Accommodation together with a range of other actions to
support the implementation of the local law.
The local law commenced on 1 February 2022 and in accordance with Council’s resolution, the
following actions have been undertaken over the last 12 months to implement the local law:
the establishment of a new local laws team comprising 5 staff to administer the local law, and
the new T1 assessment approvals system and processes;
the establishment of a 24/7 Council complaints hotline and complaints register operating as
an intermediary between the complainant and the contact person responsible for the STA
property;
use of security services to observe and record activity at properties where required, on a 12
month trial basis;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
preparation of the “Good Management of Short Stay Letting and Home Hosted
Accommodation Guide”;
preparation of a dedicated Council webpage for the local law with supporting information,
forms, complaints hotline information, factsheets and guides;
the establishment of an approvals register though PD Online;
education and advocacy on short term accommodation matters where required;
the establishment of a multi interest stakeholder group; and
the undertaking of a 12 month review of the local law.
Council further resolved to waive application fees for the 2021/2022 financial year and refer the
review of funding options and fee structure to the 2022/23 budget process. The application fees
and annual renewal fees were reported and publicly notified as part of Council’s 2022/23 budget
papers.
The application fees were set at:
$950 for a house
$320 for a unit
$240 for home hosted accommodation
$240 for a house (4 times and maximum of 60 days)
The annual renewal fee was proposed at $150.
Following public consultation on the 2022/23 budget, at its meeting of 28 June 2022, Council
decided to proceed with the application fees which took effect from 1 July 2022. However, the
annual renewal fees were deferred until after the completion of the 12 month review to provide
more information on the costs associated with administering the local law.
2. Local law implementation overview
The local law commenced on 1 February 2022 following considerable setup of new systems and
processes by staff, the establishment of a new local laws team to administer the local law, and the
setup of the 24/7 complaints hotline and 12 month trial of security services.
Implementation of the local law required a whole new regulatory framework to be established with
a new team of local laws officers, new systems and processes and Council’s first 24/7 call centre
hotline. It should be noted that the implementation of the local law and 24/7 complaints hotline was
an entirely new area of business for Council, and the first of its kind in Queensland. The local law
was a learning process and somewhat ground breaking for Queensland local government in the
absence of any state government direction around the regulation of short stay letting.
The local laws team sits with the Development Assessment area and comprises:
1 permanent compliance officer;
2 temporary 3 year local laws compliance officers;
1 permanent administration officer; and
1 temporary 3 year administration position.
With the high number of applications made during the fee waiver period, additional administration
and compliance officer resources were also allocated to the team to manage the workload.
The team’s primary role is to receive and assess applications for short stay letting and home hosted
accommodation and issue decision notices and undertake compliance under the local law.
The assessment includes determining firstly whether the use of the property for short stay letting
is lawful by way of a development approval, existing use rights or complies with Noosa Plan 2020
accepted development provisions (for home hosted accommodation or short stay letting for no
more than 4 times and a maximum of 60 days per year).
Assessment is also undertaken to ensure any conditions of planning approval are being met, such
as the number of approved bedrooms, and that the applicant has self-declared on the application
form that they meet relevant safety requirements such as pool safety, electrical fire safety and
Page 23 of 49
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
building classifications. Requirements for a contact person to be available to address complaints
within 30 minutes and located within 20 minutes of the property is also assessed.
The team also receives a daily log of complaints made to the 24/7 complaints hotline and follows
up on complaints that have not been dealt with at the time by the nominated contact person for the
property. The team is also required to undertake compliance action where there are breaches of
the local law.
Whilst Council required a 12 month review of the local law, there has been ongoing review and
improvements made to systems and processes over the entire 12 months the local law has been
in operation to improve the efficiency of the approvals process and respond to industry feedback.
Improvements have been made to the application forms, lodgement process, supporting
information on signage requirements, and webpage explanatory information. There has also been
ongoing review and improvements made to the operation of the 24/7 complaints hotline.
Overall, administration of the local law is considered to be running smoothly and efficiently with a
higher than expected number of applications made and decisions made under the local law within
its 12 months operation than what was originally forecast.
2.1 Approvals
The main focus for the team for the first 12 months was to assess short stay letting and home
hosted accommodation applications to identify and refuse any properties operating unlawfully and
get the lawfully operating short stay let properties onto Council’s “register” as quickly as possible
to have a contact person identified and responsible for dealing with complaints.
Approximately 5265 properties have been identified as operating short term accommodation in
Noosa Shire, 4000 of which require a local law approval to manage their operation as short stay
let properties. Approximately 1265 properties are exempt from requiring an approval as they are
within the Hastings Street Mixed Use Precinct identified for tourism and visitor accommodation or
within a site already approved for visitor accommodation only, at the exclusion of permanent
residents.
Many of these properties have been operating under lawful planning approvals or existing use
rights under former planning schemes, but have been unregulated in terms of how they operate
and manage guest behaviour and complaints. Council introduced the new local law to manage the
operation of short stay letting and home hosted accommodation to capture and determine the
lawfulness of all properties undertaking short term and home hosted accommodation and regulate
them under the local law requirements. Approval under the Local law only occurs where those
properties have a lawful right to operate either under the Planning Scheme or a previous
Development Approval.
Within the 12 months of operation 2720 of applications were lodged. 2379 of those were lodged
within the fee waiver period. The number of applications received within the first 12 months was
much larger than expected and caused pressure on staffing resources to manage the workload.
Accordingly, application processing times were delayed creating a backlog of applications, with
697 applications currently awaiting assessment. Notwithstanding this, a large number of
applications were assessed in 12 months, and importantly the “register” of approved properties
with contact persons to deal with complaints grew significantly. Within 12 months the following
applications were assessed and decided.
1968 applications were approved including:
440 dwellings houses
107 dwelling houses (maximum 4 times and maximum of 60 days);
1341 units / townhouses;
22 units (maximum 4 times and maximum of 60 days);
58 home hosted accommodation.
Page 24 of 49
Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
55 applications were refused:
17 Dwelling houses
1 - acceptable development (4x60)
20 units
17 Home hosted
23 review of decisions and 6 appeals have been received.
3. 12 month review of local law
A review has been undertaken of subordinate local law Schedule 21A Operation of Short Stay
Letting or Home Hosted Accommodation; internal resourcing to administer the local law, including
assessing applications and undertaking compliance; internal procedures and processes; the 24/7
complaints hotline and the 12 month trial of security.
Consultation has been undertaken with a multi-interest stakeholder group which included
representation from the short term accommodation industry sectors and resident / community
group representatives.
In response to the review and feedback from stakeholders, no changes to the local law are
required, but a number of actions and improvements are recommended to improve its
implementation and effectiveness.
3.1 Feedback from stakeholder group
Representatives from both the short term accommodation industry and resident / community
interest groups were included in the multi-interest stakeholder group with representations outlined
in the table below.
Association / group / business Representing
Residents against unregulated short term Residents affected by the operation of short term
accommodation accommodation
Noosa Waters Residents Association Residents in Noosa Waters
Noosa Residents and Rate Payers Association Residents in Noosa Shire and the broader community
generally
RG Strategic Consultants making applications on behalf of STA
operators under the local law
Team BnB STA property managers and contact person and
making applications under the local law
Good Night Noosa Contact person – dealing with complaints hotline
Noosa Holiday Rentals Holiday rentals – managing STA properties and
guests and making applications under the local law
Host Angel Noosa STA property managers and contact person
La Mer Shine Onsite resort managers
Noosa Short Term Accommodation Association STA industry- owners, operators, managers
A focussed questionnaire on how the local law has been operating and the representative’s
experience in using or being affected by the local law was provided to the stakeholder group
members, one questionnaire for the STA industry sectors and one for the resident / community
groups.
This was followed up by a stakeholder meeting held on 9 February 2023, where issues and
suggested improvements to the implementation and operation of the local law were further
discussed.
Resident group / community feedback
Overall, feedback from the resident / community representations indicated the local law was
working well and supported it moving forward with greater improvements, however identified
continued issues with problem properties and impacts on residential amenity and resident lifestyle
as being an ongoing concern for many residents.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Suggested improvements identified include:
Setting a deadline for applications to be made under the local law;
Undertaking compliance and enforcement on properties operating without an approval and
properties without an approval sign;
Improving communication and the website for residents on process, progress, approvals and
complaints statistics;
Cost of enforcement and complaints hotline should be through fees and charges and not
subsidised by ratepayers.
Industry feedback
In summary, industry feedback and reaction to the requirements and regulations of the local law
from STA operators and guests was mixed in some areas, but the overall response was that the
local law was working well but could be better implemented with some improvements.
Suggested improvements include:
Application forms to include fees and building classification requirements;
Increased resourcing to assess the backlog of applications;
Improvements to assessment timeframes, consistency and communication on application
status;
Improvements to the webpage and explanatory information on conditions, code of conduct
and signage;
Exempting onsite managed resorts.
Independent representations made to Council separate from the Stakeholder group were also
considered in the review.
Proposed actions
In response to stakeholder engagement, the following actions are proposed.
Resources and fees
Increase resources to assess backlog of STA applications and undertake compliance action;
Report and make recommendations to Council on the resourcing costs, fees and charges,
including an annual renew fee.
Compliance
Continue to identify STAs operating without approval;
Reduce timeframe to submit an application within 14 days of being notified;
Undertake compliance action for STA operating without approval;
Undertake an audit and compliance action on STA approval signage;
Require photographic evidence of approval sign for new approvals;
Review agent signage and undertake compliance where necessary.
Information and messaging
Continue to work with STA operators to improve the amenity outcomes for residents;
Review Good Management Guide to determine if better guidance is required for operators on
better informing guests of code of conduct obligations and ways to reduce residential amenity
impacts;
Continue to work with hotline on clear messaging and consistency in the complaints
management. Particularly the process for STA operating without approval;
Continue to liaise with stakeholders on implementation of local law.
Exemptions
Review local law exemptions as part of the Tourist Accommodation zone spatial review being
separately reported to Council in the coming months.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Application process, assessment and conditions
Review application forms to include fees and clarify building classification requirements;
Review the examples of supporting material on the website and improve where necessary;
Establish tighter timeframes for STA assessment and information responses from applicants;
Better communicate status of application and expected assessment timelines;
Continue to improve inhouse processes, procedures and staff training for continued
consistency in STA assessment and compliance actions;
Investigate whether advice notes are required for better interpretation of conditions of approval
and code of conduct for guest behaviour, including kids pool swimming.
Website
Review and simplify website information, including direction to fees, approvals, complaints,
examples of supporting information, approval and complaints statistics and better information
for residents.
Review search engines and google searches to improve webpage optimisation.
Complaints management
Provide a summary of complaints to property managers for STA properties on request,
excluding complainant details;
Investigate the preparation of a “good neighbour” guide for all residents, which could be
distributed to new owners, real-estate letting agents and resident groups.
3.2 Review of short stay letting team and timing of applications
The base permanent short stay local laws team comprises the supervisor compliance officer and
administration officer.
Temporary fixed term members of the team include 2 compliance officers for 3 years (ending
January 2025) and 1 administration officer ending December 2024.
The initial workload for the team was identified as being evenly spread over the first 3 years of
operation and would reduce following that period once all of the short stay let properties were
assessed. Following this period, it was projected there would be fewer applications and the
workload going forward would be about compliance and annual renewals.
However, with the higher than expected take up of the fee waiver period and further applications
lodged within the first 12 months, 68 % of expected applications have already been lodged,
doubling the expected work load.
Because of this high number of applications, the last 12 months has been focussed on assessment
of applications and dealing with compliance matters as they arise, rather than proactive
compliance.
Both the STA industry and the resident / community groups have called for council to improve the
pace of implementation of the local law and specifically increase resources to deal with the
application backlog and undertake proactive compliance on properties operating without an
approval or not meeting signage requirements. There are currently around 1300 properties
identified as operating without an approval which will require proactive compliance action and need
to gain an approval under the local law. It is anticipated this will increase the workload and number
of applications to be assessed in the next 6-12 months.
Proposed actions
To meet the high demand to assess current applications and proactively undertake compliance
action it is recommended Council commit additional temporary staff resources to the Short Stay
Local Laws team including:
3 year Level 6 coordinator compliance role
3 year Level 4 compliance officer
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Review of process and Procedures
As previously stated in section 2 to this report, there has been ongoing review and fine tuning of
administrative processes and procedures and implementation of the local law throughout the 12
month period.
Some compliance matters have arisen around approval notice signage and in response changes
will be made to procedures requiring photographic evidence from the approval holder of the sign
being in place which will be check through proactive compliance.
Other changes to procedures and processes resulting from internal review and feedback from the
stakeholder group are outlined in section 3.1 of this report.
3.3 Review of Subordinate Local Law No. 1. - Schedule 21A Operation of Short Stay
Letting or Home Hosted Accommodation
The requirements of Subordinate Local Law No. 1 - Schedule 21A Operation of Short Stay Letting
or Home Hosted Accommodation, approval requirements and process and the conditions of
approval are considered to be working well and the provisions under Council’s Administration Local
Law No. 1 for compliance action are also adequate.
No changes are proposed to these local laws resulting from the 12 month review.
3.4 24 /7 Complaints Hotline and compliance action
Peak Services Pty Ltd, owned by the Local Government Association of Queensland (LGAQ), were
engaged to provide the 24/7 complaints hotline call centre services under Local Buy arrangements
for 12 months with extensions for up to 5 additional periods of 12 months. A second 12 month
extension has been approved and now commenced.
The cost of providing the 24/7 complaints hotline service in the first 12 month was $20,245. Going
forward, $50,000 has been allocated in the 2023/2024 budget for the hotline with an increase in
the number of calls anticipated to the hotline as awareness in the community grows of the hotline
and the number of properties with local law approval are added to the register.
The purpose of the complaints hotline is to provide a centralised complaints management and
record keeping framework for properties undertaking short stay letting. Complaints are made to
the 24/7 complaints hotline where the operator receives and records the property address and
complaint details; notifies the contact person responsible for the property; and the contact person
deals with the complaint within 30 minutes.
Where the property has not gained an approval under the local law, and therefore not on the
register, the complaint is elevated for Council officer action the following business day. Complaints
are also elevated for Council officer action when the contact person does not respond to a
complaint.
The stakeholder group indicated the complaints hotline was generally working well from both the
complainant perspective and receipt of and dealing with complaint perspective.
In its 12 months of operation, the complaints hotline received 612 calls, with 182 of these calls
received during the December 2022/January 2023 peak holiday period.
105 calls were a complaint against a property with an approval and the contact person was notified
to deal with a complaint. 199 calls related to properties without an approval or contact person to
deal with the complaint, all of which were elevated to Council for further action.
The other calls were calls to the hotline that complaints had been dealt with or other non-related
matters. A large number of other enquiries were also received by Council officers as well as
complaints direct to Council.
In response, Council officer actions resulted in:
78 properties receiving a compliance letter to make an application under the local law;
33 properties receiving a compliance letter regarding approval notice signs;
3 properties receiving formal Compliance Notices; and
1 property receiving a Show Cause Notice.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
As stated, constant improvements have been made to the operation of the hotline over the last 12
months and ongoing communication with the hotline to improve its processes where required will
be undertaken.
Proposed actions
With a change in the structure of the short stay letting team and dedicated compliance action
officers, follow up of complaints not addressed with the contact person at the time and other
compliance matters around the use of properties for short stay letting will be investigated and dealt
with more readily.
With increased resourcing, active compliance action and enforcement is proposed to be
undertaken on:
properties operating without an approval
properties using secondary dwellings for short term accommodation
approval notice signs, real-estate agent signs
properties refused an approval and continuing to operate
3.5 Security services
As part of Council’s general contract for security services, Complex Security were additional
engaged to observe and record activity at short stay let properties on a 12 months trial basis.
The security services were limited to call outs from the 24/7 complaints hotline when a contact
person did not attend to a complaint and were restricted to recording and observing activity at the
property.
Security were not authorised to enter a property or interact with guests staying at the property and
their role was not to deal with the complaint on the short stay let owner or Council’s behalf.
Security were called out only once in accordance with their scope of authority when a contact
person did not respond to a complaint, where they observed the property but did not address the
complaint.
On review, the use of security has had very limited benefit as they have no authority to take action
at the time of a complaint. Whilst they provide an additional record of activity at the property, the
complaints hotline already records the complaint and details and the non-attendance to the
complaint by the contact person. The hotline provides the necessary information for further
compliance action and breaches under the local law with the contact person not attending to a
complaint in these instances.
Proposed action
It is recommended that security services not be continued due to its limited scope for taking action
and duplication in part of the complaints hotline’s role.
The revised budget reflects the removal of security services going forward.
4. Previous Council Consideration
Ordinary Meeting Minutes, 21 October 2021
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 and resolve to:
A. Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1) 2021
(see Attachment 3) as advertised, but amended as follows:
1. after section 1 — insert— ‘1A. Commencement Part 2 commences on 1 February 2022’.
B. Proceed with the making of, and make, Administration (Amendment) Subordinate Local Law
(No. 1) 2021 (see Attachment 4), as advertised, but amended as followed…
C. Note that each of Administration (Amendment) Local Law (No. 1) 2021 and Administration
(Amendment) Subordinate Local Law (No. 1) 2021 contain anticompetitive provisions;
Page 29 of 49
Section 30
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
D. Having considered the content of the public interest test report in relation to anticompetitive
provisions contained in each of Administration (Amendment) Local Law (No. 1) 2021 and
Administration (Amendment) Subordinate Local Law (No. 1) 2021, in Attachment 7, note the
content of the report and implement the recommendations of the report;
E. Adopt, pursuant to section 32 of the Local Government Act 2009:
(a) a consolidated version of Noosa Shire Council Local Law No. 1 (Administration) 2015
in the form in Attachment 8; and
(b) a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in the
form in Attachment 9; with a commencement date of 1 February 2022;
F. Fund the additional costs for 2021/22 year for implementation, administration and resource
requirements of the short stay letting and home hosted accommodation local law through
budget review, including:
(a) two additional (2) temporary full time local laws assessment and compliance officers
for a term of 3 years (including one vehicle);
(b) establishment of an external 24/7 complaints hotline; and
(c) engagement of after-hours security services to observe and record activity at properties
when required;
G. Waive application fees for the 2021/2022 financial year and refer the review of funding
options and fee structure to the 2022/23 budget process;
H. Prepare a dedicated Council webpage including a local laws approval register and prepare
a “good management of short stay letting” guide;
I. Authorise the CEO to make minor amendments to the documents.
J. That Council establish a multi-interest stakeholder group for ongoing consultation in regard
to the management of short term accommodation in the Shire, including undertaking a review
of the operation of the Short Stay Letting or Home hosted accommodation Local Law after
12 months to determine if any changes are needed to enhance its operations and that a
report be provided to Council for consideration following that review.
5. Finance
It is proposed that the ongoing implementation of the local law will be funded on a cost recovery
basis, through application fees and the introduction of an annual renewal fee. The total costs of
implementing the local law for the next 2 financial years, including staff resourcing, legal and
marking costs will be:
FY 2023/24 = $1,135,428
FY 2024/25 = $ 949,351
The total revenue expected from application fees and the introduction of an annual renewal fee
over the next 2 financial years will be:
FY 2023/24 = $1,193,650
FY 2024/25 = $1,100,440
5.1 Application and annual renewal fees
Application Fees
Application fees were waived for a 5 month period up to 30 June 2022. Council then adopted and
introduced application fees from 1 July 2022.
The expected revenue from application fees for the 2022/23 financial year up to end 30 June is
$364,450. The application fees for the next 2 financial years is expected to be:
FY 2023/24 = $552,250
FY 2024/25 = $171,140
No changes to the application fees are proposed as part of the review.
Page 30 of 49
Section 31
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Annual renewal fees
The annual renewal fee was deferred and as a result there will be no income from annual renewal
fees for the 2022/23 financial year.
A renewal fee is proposed to be introduced from 31 July 2023 and apply to all properties approved
under the local law on an ongoing annual basis whilst the property continues to operate short stay
letting or home hosted accommodation. The annual renewal fee is proposed on a sliding scale
depending on the approval type under the local law:
Detached house $400
Detached house limited to 4 times and maximum 60 days $100
Unit $200
Unit limited to 4 times and maximum 60 days $100
Home hosted accommodation $100
The expected revenue from renewal fees for the next 2 financial years will be:
FY 2023/24 = $641,400
FY 2024/25 = $929,300
Risks & Opportunities
The implementation of the local law over the last 12 months has provided Council the mechanism
to regulate a previously unregulated short stay letting and home hosted accommodation industry
sector. The local law has provided the statutory framework for requiring approvals and undertaking
enforcement action where required. The proposed actions and additional resourcing outlined in
this report will ensure the continued successful implementation of the local law and will continue to
provide improved outcomes for residents and the wider community, safety of guests and fair
complaints management procedures.
Should the actions and additional resource requirements not proceed, the local law is at risk of not
being implemented in a timely manner or to its full capacity resulting in potential negative
community and industry reaction to the effectiveness of the local law.
Consultation
External Consultation - Community & Stakeholder
Consultation was undertaken with an external multi-interest stakeholder group, the details and
outcomes are outlined in section 3.1 of this report.
Internal Consultation
Consultation was undertaken with Strategic Planning, Development Assessment, Rates, and
Finance.
Departments/Sections Consulted:
Community Services X Corporate Services
Chief Executive Officer
Executive Support Director x Director
Community Development x Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
x Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
x Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 31 of 49
Section 32
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
4 NOOSA COUNCIL THREATENED FAUNA RECOVERY ROAD MAP
Author Fauna Management Project Officer, David O’Gorman
Environment & Sustainable Development Department
Index ECM / Environmental Management / Fauna/Wildlife 21.08
Attachments 1. Noosa Threatened Fauna Recovery Road Map (36 page attachment
provided separately to this agenda)
EXECUTIVE SUMMARY
This report seeks endorsement of Noosa Council’s Threatened Fauna Recovery Road Map (Road
Map) for the purpose of implementation. The Road Map sets out Council’s approach to threatened
fauna management under commitment 1.3 of the Noosa Environment Strategy (NES): Improve
long-term survival of threatened species and ecological communities.
Twenty-nine (29) conservation significant species have been shortlisted for management
consideration. A desk top analysis process and engagement with Ten (10) key regional
stakeholders was undertaken to identify the 29 significant species. The stakeholders as part of an
Expert Panel were formed to collectively nominate nine (9) species for management priority under
the NES.
Council will continue to work alongside community conservation groups to develop and implement
Threatened Fauna Recovery Plans for each of the Noosa Nine. Through a staged delivery of the
Road Map, sea turtles have been nominated for 2023/2024 priority management implementation.
With the appropriate scientific processes and stakeholder consultation now in place, Council is in
a timely position to meet organisational targets and stakeholder commitments to threatened fauna
recovery.
RECOMMENDATION
That Council review the report by Fauna Management Project Officer to the Planning and
Environment Committee Meeting 7 March 2023 and
A. Approve the Threatened Fauna Recovery Road Map as referred to in Attachment 1 to this
report for the purpose of implementation; and
B. Consider a funding allocation for priority management of sea turtles to commence
implementation of the Roadmap, as part of Council’s 2023/24 budget deliberations.
REPORT
The NES was endorsed by Council in 2019 to provide for the future protection and enhancement
of biodiversity values in the Noosa Shire. In relation to long-term survival of threatened and
protected fauna, Strategy 1.3 details Council’s commitment to significant implementation actions
for the first three (3) years of the NES. Hence, the objective of the Road Map (Attachment 1) is to
guide Council’s approach to the on-going management and recovery of threatened fauna within
Noosa Shire and adjacent coastal waters. This has been achieved via the pathway presented
within the Road Map:
Desktop review of internal and external supporting biodiversity assessments
Review of current and foreseeable threatening processes to regional biodiversity values
Shortlisting of fauna species for management prioritisations under the Noosa Nine
Development of a Decision Matrix tool to enable stakeholder contributions
Completion of a Stakeholder Consultation Program to jointly nominate the Noosa Nine
Provision of a Delivery Schedule to implement threatened fauna recovery under the NES.
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Section 33
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Stakeholder Nominations - the Noosa Nine
Ten (10) key regional stakeholder groups formed an Expert Panel to nominate the Noosa Nine.
This was achieved through completing a Decision Matrix, which scored the 29 shortlisted species
against threating processes to biodiversity (e.g., climate change). This process determined the
final nine species for priority management – the Noosa Nine.
Results – the Noosa Nine
To deliver an integrated approach, the methodology of the Road Map ensured the Noosa Nine
species selected are representative of and reflect the proportional coverage of key habitat types
across the Noosa Shire. On completion of the Stakeholder Consultation Program, the results from
the Expert Panel members were collated to determine the nine highest scoring species (the Noosa
Nine), see Figure 1 below.
Figure 1 - Expert Panel nominations determining the Noosa Nine
The Road Map and Stakeholder Consultation Program nominates the following species list (the
Noosa Nine) for management priorities under Strategy 1.3 of the NES:
Giant barred frog (Mixophyes iteratus)
Glossy black cockatoo (Calyptorhynchus lathami)
Greater glider (Petauroides polans)
Koala (Phascolarctos cinereus)
Tusked frog (Adelotus brevis)
Mary River turtle (Elusor macrurus)
Acid frogs (Wallum froglet, rocket frog and sedge frog)
Water mouse (Xeromys myoides)
Loggerhead turtle (Caretta caretta)
Management Priorities
Management priorities (implementation) of the Noosa Nine will be based on several key
considerations including:
A species conservation advice / listing
Current and foreseeable threats impacting a species
Available funding streams
Opportunities to complement other Council environmental programs and initiatives.
Page 33 of 49
Section 34
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
The Environmental Services Team will annually determine implementation priorities for the Noosa
Nine over the remaining 7 years of the NES and beyond.
Implementation (2023/2024)
Sea turtles (including the Loggerhead turtle) have been prioritised for year one (2023/2024)
implementation of the Road Map. This decision has been made by the Environmental Services
Team considering:
The increased regional occurrences of compromised and dead sea turtle strandings
A recorded decreases in nesting activity on Noosa and Sunshine Coast beaches
The availability of external funding streams
Noosa Council’s current active involvement in Sunshine Coast Council’s Turtle Care
programs
Opportunities present under NC’s Council’s Coastal Hazard Adaption Strategy and the
Eastern Beaches Foreshore Management Plan
Previous Council Consideration
Ordinary Meeting Minutes, 19 May 2022, Item 2, Page 10
That Council note the report by the Fauna Management Project Officer to the Planning &
Environment Committee Meeting dated 10 May 2022 regarding the Draft Fauna Threatened
Species Road Map developed by the Fauna Management Project Officer and note that
A. The Road Map will be subject to an ongoing consultation program prior to finalisation;
B. Deliverables of the Road Map will be subject to future funding requests under Council’s
commitment to ‘significant implementation’ of the Noosa Environment Strategy by 2023.
Finance
Endorsement of the Threatened Fauna Recovery Road Map aligns with significant Commonwealth
and State funding streams for threatened fauna recovery. Council will continue to work with
stakeholders when securing funds to implement management priorities under the Road Map.
Recent examples include:
Community Sustainability Action Grants: Queensland Threatened Species Recovery being
funded by the Department of Environment and Science (DES) - Reducing Light Pollution on
Turtle Populations: An awareness campaign – Noosa Shire Council, Sunshine Coast
Council, Moreton Bay Regional Council and Griffith University.
Environmental Recovery Grants: Biodiversity Conservation Program (funded by DES) -
Demographics of aquatic threatened species in the Mary River catchment – Noosa Council,
Mary River Catchment Coordinating Committee and Mary River Catchment Coordinating
Committee
To promote maximum outcomes for minimal investments, a staged implementation of the Road
Map is recommended over the next 7 years (across the remaining term of the Environment
Strategy). Council funding will be required to complement external funding streams. Table 1
provides a breakdown of indicative budget for sea turtles for 2023/24 implement of priority species
recovery actions.
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Section 35
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Table 1 – Committed and proposed budget - Sea Turtles 2023/2024
Expenditure
Activity Committed Proposed Details
(22/23) (23/24)
To be
Community Sustainability
Reducing Light Pollution on Turtle confirmed,
$7,500 Action Grants: Queensland
Populations Awareness Campaign subject to
Threatened Species Recovery
external funding
NC staff Pilot February 2023 - potential
Clean-up for the Hatchlings $5,000
support for annual involvement
In conjunction with Eastern
Sea Turtle Signage - Beach NC staff
$5000 Beaches Foreshore
Accesses Rollout Program support
Management Plan
Identified mitigations and initiatives Action Plan to be developed by
under the Noosa Council Sea Turtle Nil $5,000 Fauna Management Project
Recovery Action Plan Officer
Committed Proposed 23/24:
Totals
22/23: $7,500 $15,000
Risks & Opportunities
Significant stakeholder contributions during the development of the Road Map and the Noosa Nine
now positions Council to deliver organisational targets and stakeholder commitments to threatened
fauna recovery under the NES.
Council will not be able to meet these strategic outcomes and associated community expectations
without final endorsement of the Road Map.
Consultation
External
Completed
Direct consultation with ten (10) key regional stakeholders in threatened fauna conservation
to determine the Noosa Nine. This included workshops with community conservation groups
to guide the members through the completion of the Decision Matrix.
Proposed
Continued stakeholder involvement in the development and implementation of Threatened
Species Action Plans for each of the Noosa Nine.
Internal
Completed
Report to the Planning and Environment Committee Meeting (10 May 2022). Road Map
endorsed for stakeholder consultation
Project update to the Environmental Service Branch Meeting (16 December 2022)
Project update to the Environmental Service Branch Meeting (25 February 2023)
Proposed
Ongoing consultation with the Environmental Services Branch to jointly determine management
priorities for the Noosa Nine.
Page 35 of 49
Section 36
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture x Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 36 of 49
Section 37
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
6. REPORTS FOR NOTING BY THE COMMITTEE
5 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2023
Author Acting Development Assessment Manager, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Subject/ All Applications
Attachments 1. Decisions Issues under Delegated Authority – January 2023
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Acting Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 March 2023 regarding planning applications that have
been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of
January 2023 (excluding applications seeking to remove a tree(s) adjacent to a building or
structure):
Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Page 37 of 49
Section 38
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 38 of 49
Section 39
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Attachment 1
Page 39 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Attachment 1
Decision Issued Under Delegated Authority
1 Application ID: 132003.221152.8
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Gregory John Woolley
Registered Plan: Lot 54 RP 52918
Location: 12 Park Road, Noosa Heads
Proposal: 23643 DA - Change to Development Approval - Extension to Existing Dwelling
(Dwelling, C/Park/Lands in Ease) - Greg Woolley - Bartho & Son
Decision: Approved
Decision Made Date: 11/01/2023
a Application ID: 51986.3023.04
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Body Corp - La Mer Noosa Cts7193
Registered Plan: BUP 8083
Location: 37 Hastings Street, Noosa Heads
Proposal: TPC 1845 - Change to Development Approval - Changes to Frontage & Landscaping
(Multiple Dwelling 9 Units & 4 Shops) - La Mer Body Corporate - Pivotal Perspective
Pty Ltd
Decision: Approved
Decision Made Date: 25/01/2023
3 Application ID: DBW/22/0164
Application Type: Building Works Assessable Against the PS - Code
Applicant: EarthCert Pty Ltd
Registered Plan: Lot 22 RP 848430
Location: 19 Hawk Road, Pomona
Proposal: Carport in Riparian Buffer Area & Ag Land - EarthCert Pty Ltd
Decision: Approved
Decision Made Date: 24/01/2023
Page 1 of 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
4 Application ID: DBW22/0165
Application Type: Building Works Assessable Against the PS - Code
Applicant: Lauren Ashley D'Arsie, Christian Ramsay Hamilton-Craig
Registered Plan: Lot 4 RP 852013
Location: 53 Martins Road, Cooroy
Proposal: Additions to Dwelling House (Secondary Dwelling - Agricultural Land) - Christian
Ramsay Hamilton Craig & Lauren Ashley D'Arsie - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 27/01/2023
5 Application ID: DBW22/0169
Application Type: Building Works Assessable Against the PS - Code
Applicant: Building Approvals United QLD
Registered Plan: Lot 19 SP 143413
Location: 244 Highfield Rise, Pomona
Proposal: Additions to Dwelling House (Riparian Buffer) - Building Approvals United Qld
Decision: Approved
Decision Made Date: 25/01/2023
6 Application ID: DBW22/0171
Application Type: Building Works Assessable Against the PS - Code
Applicant: Northshore Building Approvals QLD
Registered Plan: Lot 574 RP 863245
Location: 19 Neptune Circuit, Noosaville
Proposal: Additions to Dwelling House (Garage Width & Setback) - Northshore Building Approvals
Qld
Decision: Approved
Decision Made Date: 27/01/2023
Page 2 of 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Page 41 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
é Application ID: DBW22/0189
Application Type: Building Works Assessable Against the PS - Code
Applicant: Project BA
Registered Plan: Lot 21 SP 137437
Location: 38 Smedley Drive, Pomona
Proposal: 38 Smedley Dr Pomona - Storage Shed (Setbacks & Structure exceeding 500sqm) - Project
BA
Decision: Approved
Decision Made Date: 25/01/2023
8 Application ID: EXE22/0025
Application Type: Exemption Certificate - Planning Act Request
Applicant: Adapt Town Planning + Development Management (Tiani Boulton)
Registered Plan: Lot 120 MCH 807481
Location: 47 Wavecrest Drive, Castaways Beach
Proposal: Dwelling House (Landslide) - Adapt Town Planning + Development Management
Decision: Approved
Decision Made Date: 06/01/2023
Application Type: Exemption Certificate - Planning Act Request
Applicant: Byron Joseph Hillier
Registered Plan: Lot 1 RP 36918
Location: 236 Arthys Road, Cooran
Proposal: Exemption from Code Assessment for Landslide & Agricultural Land - Byron Hillier -
Brennan Planning
Decision: Approved
Decision Made Date: 20/01/2023
Page 3 of 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Page 42 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
10 Application ID: MCU22/0097
Application Type: Material Change of Use - Code
Applicant: Pomona Distilling Co.
Registered Plan: Lot 2 SP 115871
Location: 14-16 Reserve Street, Pomona
Proposal: Food & Drink Outlet - Pomona Distilling Co. - Brennan Planning Pty Ltd
Decision: Approved
Decision Made Date: 03/01/2023
41 Application ID. —=S=« MCU22/0116& OPW22/0173&RALZNONI4———“‘S*S*<“‘(ONSNSOSCOCO™~™~*
Application Type: Material Change of Use, Operational Works & Reconfiguring a Lot
Applicant: Santiago Nominees P/LTTE
Registered Plan: Lot 136 RP 160425
Location: 22 Delorme Street, Noosa Heads
Proposal: Combined Application — Dual Occupancy & Demolition, Roadworks, Stormwater and
Landscaping & Reconfiguring a Lot (1 Lot into 2 Community Title Subdivision) Santiago
Nominees Pty Ltd - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 05/01/2023
Application Type: Material Change of Use, Operational Works & Reconfiguring a Lot
Applicant: Integra Partnerships
Registered Plan: Lot 90 RP 92518
Location: 22 Grant Street, Noosa Heads
Proposal: Dual Occupancy & Demolition, Road Works, Landscaping, Stormwater, Earthworks &
Reconfiguring a Lot (1 into 3 Community Title Subdivision) - Integra Partnerships - Pivotal
Perspective Pty Ltd
Decision: Approved
Decision Made Date: 25/01/2023
Page 4 of 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
Page 43 of 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
13. Application ID: MCU22/0180 & OPW22/0257
Application Type: Material Change of Use & Operational Works
Applicant: Carly Frances Deighton, Mathew Thomas Deighton
Registered Plan: Lot 141 RP 132135
Location: 14 Orealla Crescent, Sunrise Beach
Proposal: Dual Occupancy & Earthworks, Stormwater, Landscaping, Crossover & Clearing
Vegetation - Carly & Mathew Deighton - Project Urban
Decision: Approved
Decision Made Date: 12/01/2023
14 Application ID: MCU22/0193
Application Type: Material Change of Use - Code
Applicant: Sarah Louise Maher, Anthony Neil Maher
Registered Plan: Lot 272 SP 321936
Location: 235 Upper Pinbarren Creek Road, Pinbarren
Proposal: Dwelling House (Riparian Buffer) - Anthony & Sarah Maher - Brennan Planning Pty Ltd
Decision: Approved
Decision Made Date: 17/01/2023
15 Application ID: OPW21/0272
Application Type: Operational Works - Code
Applicant: Deluca Charitable Foundation Limited
Registered Plan: Lot 1 RP 226728
Location: Reservoir 32 Viewland Drive, Noosa Heads
Proposal: Vehicle Crossover, Stomwater. Drainage work, Earthworks, Carparking - Deluca
Charitable Foundation Limited C/ - Kris Starker; Deluca Corporation Pty Ltd
Decision: Approved
Decision Made Date: 18/01/2023
Page 5 of 11
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 7 MARCH 2023
16 Application ID: OPW22/0061
Application Type: Operational Works - Code
Applicant: Kaylene Mary Cameron, Donald James Colston
Registered Plan: Lot 368 P 93115
Location: 24 Currawong Crescent, Peregian Beach
Proposal: Driveway & Structures in the Reserve - Kaylene Cameron & Don Colston C/- Out of the
Woods Planning
Decision: Approved
Decision Made Date: 23/01/2023
17 Application ID: OPW22/0104.02
Application Type: Operational Works - Minor Change to Approval
Applicant: JNE Developments P/L
Registered Plan: Lot 21 SP 316902
Location: 25,33 & 19 Pavilion Street, Pomona
Proposal: Minor Change to Development Approval (change to Condition 3) - Road work, Drainage
Work, Stormwater, Earthworks, Electrical - JNE Developments Pty Ltd C/- Tod Consulting
Decision: Approved
Decision Made Date: 04/01/2023
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18 Application ID: OPW22/0241
Application Type: Operational Works - Code
Applicant: Robert Richardson, Linda Maree Richardson
Registered Plan: Lot 26 RP 891766
Location: 117 Woodhaven Way, Cooroibah
Proposal: Vehicle Crossover - Robert & Linda Richardson.
Decision: Approved
Decision Made Date: 16/01/2023
19 Application ID: OPW 22/0253
Application Type: Operational Works - Code
Applicant: Coffee Rock Investments P/L TTE
Registered Plan: Lot 6 BUP 4745
Location: Ocean Breeze 6/52 Hastings Street, Noosa Heads
Proposal: 6/52 Hastings St Noosa Heads - Landscaping - Coffee Rock Investments P/L C/- RG
Strategic
Decision: Approved
Decision Made Date: 03/01/2023
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20 = Application ID: OPW22/0255
Application Type: Operational Works - Code
Applicant: Callaghan & Toth Consulting Engineers
Registered Plan: Lot 233 MCH 4301
Location: 130 Lake Macdonald Drive, Cooroy
Proposal: Vehicle Crossover - Callaghan and Toth Consulting Engineers
Decision: Approved
Decision Made Date: 04/01/2023
21 Application ID: OPW22/0305
Application Type: Operational Works - Code
Applicant: Darren Crothers
Registered Plan: Lot 42 N 21843
Location: 21 Wesley Court, Noosa Heads
Proposal: Vehicle Crossover - Darren Crothers C/- Pure Building Approvals
Decision: Approved
Decision Made Date: 23/01/2023
22 Application ID: OPW22/0316
Application Type: Operational Works - Code
Applicant: CMT Engineers
Registered Plan: Lot 47 C 5602
Location: 2 Emerald Street, Cooroy
Proposal: Stormwater, Frontage works, Access - CMT Engineers
Decision: Approved
Decision Made Date: 23/01/2023
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23 ~=Application ID: OPW/23/0006
Application Type: Operational Works - Code
Applicant: K J Shaw Pty Ltd
Registered Plan: Lot 7 RP 895754
Location: 39 Tinbeerwah Road, Tinbeerwah
Proposal: Earthworks - Ken Shaw
Decision: Approved
Decision Made Date: 30/01/2023
24. Application ID: RAL22/0016 & OPW22/0180
Application Type: Combined Application - Reconfiguring a Lot & Operational Works
Applicant: CP 125JS P/LTTE
Registered Plan: Lot 40 RP 139776
Location: 6 Wyandra Street, Noosa Heads
Proposal: Reconfiguring a Lot (1 Lot into 2 Community Title Subdivision & Demolition &
Operational Works - Drainage work, Stormwater, Earthworks & Landscaping - CP
125JS P/L TTE - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 23/01/2023
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25 = Application ID: RAL22/0026
Application Type: Reconfiguring a Lot - Code
Applicant: Brett Edwin Hage
Registered Plan: Lot 3 RP 131369
Location: 96 Black Mountain Range Road, Black Mountain
Proposal: Lot Reconfiguration (1 Lot into 2) - Brett Hage - CadCon Surveying & Town Planning
Decision: Approved
Decision Made Date: 12/01/2023
26 = Application ID: RAL22/0030
Application Type: Reconfiguring a Lot - Code
Applicant: Robyn L Reid
Registered Plan: Lot 277 MCH 1248, Lot 278 MCH 1248
Location: 579 Upper Pinbarren Creek Road & 246 Pender Creek Road Kin Kin
Proposal: Boundary Realignment (2 lots into 2) - Robyn Reid - Max Watterson &
Associates
Decision: Approved
Decision Made Date: 30/01/2023
Application Type: Referral Agency Planning - Minor Change to Approval
Applicant: Julie Wall
Registered Plan: Lot 346 MCH 958
Location: 148 Butler Street, Tewantin
Proposal: Generally in Accordance - Change Ramp & Stairs -Secondary Dwelling - Julie Wall
Decision: Approved
Decision Made Date: 04/01/2023
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7. CLOSED SESSION
Nil.
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