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2020-03-19 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 19 March 2020
6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 19 MARCH 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow (by teleconference)
Councillor I Jackson (by teleconference)
Councillor J Jurisevic
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Contini, Director Community Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Steel, Acting Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 6.01pm.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
In accordance with Section 276 of the Local Government Regulation 2012, Council provide
approval for Cr Jackson to attend Council’s Ordinary meeting of 19 March 2020 by
teleconference.
Carried unanimously.
Crs Jackson and Glasgow did not vote on the above motion.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
In accordance with Section 276 of the Local Government Regulation 2012, Council provide
approval for Cr Glasgow to attend Council’s Ordinary meeting of 19 March 2020 by
teleconference.
Carried unanimously.
Cr Glasgow did not vote on the above motion.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The Minutes of the Ordinary Meeting held on 20 February 2020 be received and confirmed.
Carried unanimously.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 19 MARCH 2020
3 MAYORAL MINUTES
1 RESPONSE TO CORONAVIRUS (COVID-19) - DELEGATION TO THE CHIEF
EXECUTIVE OFFICER AND REQUEST FROM TOURISM NOOSA REGARDING
ACCESS TO MARKETING CONTINGENCY RESERVE
Council Resolution
Moved: Cr Wellington
That in relation to the Coronavirus (COVID-19) Pandemic, Council:
A. Delegate to the Chief Executive Officer the power to make decisions on behalf of
Council in relation to any matters arising from the Coronavirus Pandemic from 19
March 2020 until the first Council meeting following the March 2020 local
government election and further, that the CEO be requested to provide a report to
that first Council meeting outlining all such decisions made by the CEO in relation
to any matters arising from the Coronavirus Pandemic that would otherwise have
been made by Council in that period; and
B. Approve the request by Tourism Noosa for it to access the Marketing Contingency
Reserve in accordance with section 7 of the Funding Agreement between Noosa
Council and Tourism Noosa, noting that Tourism Noosa will determine the timing
and approach of future marketing in consultation with the tourism sector and
Council.
Carried unanimously.
4 PETITIONS
Nil.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 19 MARCH 2020
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
21 FEBRUARY 2020 - Cr Tony Wellington, Cr Joe Jurisevic, Scott Williams, Tim Cronin
The following Recommendations from the Audit & Risk Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
The Audit & Risk Committee recommendations dated 21 February 2020 be adopted.
Carried unanimously.
1 QUEENSLAND AUDIT OFFICE BRIEFING PAPER
That Council note the Briefing Paper provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 21 February 2020.
2 2020 EXTERNAL AUDIT PLAN
That Council note the 2020 External Audit Plan provided by the Queensland Audit Office (QAO)
to the Audit & Risk Committee meeting dated 21 February 2020.
3 INTERNAL AUDIT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 21 February 2020 and approve amendments to the Internal Audit Policy as outlined in
Attachment 4 to the report.
4 EFFECTIVENESS OF AUDIT & RISK COMMITTEE AND SUCCESSION PLANNING
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 21 February 2020 providing an update on Committee functions and planning matters
and approve the amended Audit and Risk Committee Charter provided as Attachment 1 to the
report.
5 RISK MANAGEMENT
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 21 February 2020 providing an update on risk management matters.
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 19 MARCH 2020
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 MARCH 2020 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Cr Joe Jurisevic
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
The Planning & Environment Committee recommendations dated 10 March 2020 be adopted.
Carried unanimously.
1 MCU19/0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -
ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT, COOROY
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL CHANGE
OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA DRIVE, NOOSA HEADS
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for a further report.
3 MCU19/0054 PLANNING & ENVIRONMENT COURT APPEAL NO 476 OF 2020 REFUSAL
OF APPLICATION FOR MATERIAL CHANGE OF USE FOR A MIXED USE COMMERCIAL
DEVELOPMENT SITUATED AT 2-18 & 20 HOFMANN DRIVE, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 February 2020 regarding Planning & Environment
Court Appeal No. 476 of 2020 and agree to defend the appeal.
4 RAL19/0011 PLANNING & ENVIRONMENT COURT APPEAL NO. D7/2020 - REFUSAL OF
APPLICATION TO SUBDIVIDE 120, 126 AND 138 HAPPY JACK CREEK ROAD,
RIDGEWOOD
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 March 2020 regarding Planning & Environment
Court Appeal No D7/2020 and agree to defend the appeal.
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 19 MARCH 2020
SERVICES & ORGANISATION COMMITTEE MEETING RECOMMENDATIONS
10 March 2020 - Crs Joe Jurisevic (Chair), Frank Wilkie and Tony Wellington
Other Councillors in attendance: Nil.
4 COMMUNITY FACILITIES HALF-YEAR PERFORMANCE OVERVIEW 2019/20
Cr Wilkie declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his role as Secretary of the Noosa Gymnastics Club which is the primary
tenant of the Bicentennial Community Centre. Cr Wilkie left the meeting room for the debate relating to
the Bicentennial Community Centre and the decision on this matter.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the report by the Community Facilities Manager to the Services &
Organisation Committee meeting dated 10 March 2020 providing an update on the Noosa
Leisure Centre (NLC), Noosa Aquatic Centre (NAC), The J, Bicentennial Community Centre
(BCC) and Noosa Community Support (NCS) for the period 1 July 2019 to 31 December 2019.
Carried unanimously.
Cr Wilkie re-joined the meeting.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
The Services & Organisation Committee recommendations dated 10 March 2020 be adopted except
where dealt with or held over by separate resolution.
Carried unanimously.
1 GO NOOSA - EASTER 2020 LOOP BUS SERVICE AND PAID PARKING
That Council note the report by the Project Manager to the Services and Organisation
Committee Meeting dated 10 March 2020 and:
A. Subject to TransLink approval, endorse the use of a temporary Loop Bus Service from 4
- 19 April 2020.
B. Extend the period for the use of the Noosa Heads Lions Park for paid car parking from 4
- 19 April 2020 (inclusive).
2 FLAG PROTOCOL
That Council note the report by the Customer Service Manager to the Services and
Organisation Committee Meeting dated 10 March 2020 and:
A. Adopt the Flag Policy as provided at Attachment 1 to the report;
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 19 MARCH 2020
B. Authorise the CEO to make any required minor amendments to the Policy prior to
publication; and
C. Authorise staff to make modifications to the existing flagpole at the Tewantin
Administration building to accommodate the National, State and Aboriginal flags as well
as the Noosa flag which may be substituted from time to time by commemorative flags
with the authorisation of the Chief Executive Officer.
3 JANUARY 2020 RATE LEVY OVERVIEW
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 10 March 2020 providing an overview of the January 2020 Rate
Levy.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 19 MARCH 2020
GENERAL COMMITTEE MEETING RECOMMENDATIONS
16 MARCH 2020 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Brian
Stockwell and Cr Tony Wellington (Item 6 only).
1 MCU19/0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -
ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT, COOROY
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. MCU19/0134 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 3
Bar, situated at 5 Taylor Ct Cooroy and:
A. Refuse the application for the following reasons:
1. The proposed Entertainment & Dining Business – Type 3 Bar use is identified as
an inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald Locality.
2. The proposed site is not suitable for the commercial use being located outside of
the Cooroy business centre, in an isolated location, with no pedestrian connectivity
or accessibility to public transport for patrons to the bar contrary to Specific
Outcomes O30 and O31 and Overall Outcomes d) and f) of the Business Uses
Code.
3. The proposal is contrary to Overall Outcomes 6.7.2 a) , iii and pp) i of the Cooroy
& Lake Macdonald Locality as the proposed bar:
3.1. will potentially undermine the intended use of the land in Taylor Court for
industrial uses to the exclusion of inconsistent uses; and
3.2. conflicts with the approved industrial uses on the site and hinder industrial
uses operations.
4. The proposal is contrary to Overall Outcomes 14.110.2 c) and d) and Specific
Outcome O7 of the Driveways and Parking Code as the applicant has not
satisfactorily demonstrated that there is sufficient car parking on site for the
proposed use, with limited opportunities for street car parking.
5. The proposed use is specifically identified as an inconsistent use on the site under
the draft planning scheme as industrial land in Taylor Court is intended to be used
for industrial functions only to the exclusion of retail and commercial uses.
6. There are no discretionary matters which would warrant approval of the
development proposal.
7. For the aforesaid reasons, approval of the development proposal would not
advance the purpose of the Planning Act 2016.
B. Advise the applicant may wish to establish a tasting area that is ancillary but incidental
and subordinate to the approved industrial use. Such an ancillary component would not
include the sale of beverages for consumption on site.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 19 MARCH 2020
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Jackson
The General Committee recommendations dated 16 March 2020 be adopted except where dealt
with or held over by separate resolution.
Carried unanimously.
2 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL CHANGE
OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA DRIVE, NOOSA HEADS
Refer further report at Item 3.
3 FURTHER REPORT - 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA DRIVE,
NOOSA HEADS
That Council note the report by the Coordinator Panning to the General Meeting dated 16
March 2020 regarding Application No. 132006.1395.05 for a minor change to an existing
approval for Material Change Of Use – Multiple Dwelling (10 Units) situated at 142 Noosa
Drive, Noosa Heads and:
A. Refuse the change for the following reasons:
1. The proposal is contrary to schedule 11, part 2, section 7 of the Planning Regulation
2017 as the development is situated in a koala assessable development area and does
not provide for habitat connectivity or safe koala movement.
2. The proposal is inconsistent with biodiversity assessment benchmarks (1), (2), (4)
and (5) of Part E of the State Planning Policy as the development will adversely
impact upon koala habitat and linkages, with koala populations recognised as
being matters of both national and state environmental significance.
3. The proposal is inconsistent with water quality assessment benchmarks (1) and
(2) of Part E of the State Planning Policy as the development has not adequately
demonstrated that water quality objectives will be achieved.
4. The proposed development will adversely impact upon the site’s ecological values,
including koala habitat and linkage for koala movement throughout the site contrary
to Overall Outcomes 13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b), 13.7.2c), 13.7.2d)i,
13.7.2d)vii, 13.7.2e), 13.7.2g), and Specific Outcomes O1a, O3, O4, O5, O7, O10,
O11, O16, O17, O18a), O18b), O18e), O18h), O19b), O19c), O19g) and O19i) of
the Biodiversity Overlay Code.
5. The proposed development is inconsistent with the Noosa Heads Locality Code as
the proposal will adversely impact on the site’s environmental values contrary to
Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
6. The proposed Bushfire Management Plan proposes vegetation removal and
management within a part of the site which is zoned Open Space Conservation
and is intended to be protected and managed to the exclusion of development.
7. The proposed development is contrary to Overall Outcome 13.30.2(h) of the
Natural Hazards Overlay Code as bushfire mitigation measures do not avoid or
minimise impacts on the natural environment and ecological processes.
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 19 MARCH 2020
8. The proposed development is contrary to Overall Outcomes 14.157.2(b) and (d)
and Specific Outcomes 1, 8 and 10 of the Water Sensitive Design Code as
modelling for stormwater treatment has not included all relevant run-off areas.
9. Insufficient detail has been provided to demonstrate the extent and potential impact
of the proposed height variation for the dwelling units.
10. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements for an appropriate response to the
site’s natural hazards and protection of the site’s environmental values including
vegetation retention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 FURTHER REPORT - MCU18/0015 & RAL18/0001 - DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE (2 DETACHED HOUSES AND 12 MULTIPLE HOUSING -
TYPE 4 CONVENTIONAL) AND RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS
EASEMENT) AT 27 ATTUNGA HEIGHTS, NOOSA HEADS
That Council note the report by the Contract Planner to the Planning & Environment Committee
Meeting dated 11 June 2019 and the Further Report to the General Committee Meeting dated
16 March 2020 regarding Application No. MCU18/0015 for a Development Permit for Material
Change of Use (2 Detached Houses and Multiple Housing – type 4 Conventional – 12 Units)
and Reconfiguring a Lot (1 into 4 lots plus Access Easement) situated at 27 Attunga Heights,
Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Noosa Plan’s Strategic Framework
and the Desired Environmental Outcomes as
(i) The proposal does not satisfactorily protect the site’s significant environment
values.
(ii) The proposal does not maintain a satisfactory wildlife corridor through the
site and intrudes into the riparian buffer to the site’s watercourse.
2. The proposed development is contrary to the Overall and Specific Outcomes of the
Noosa Heads Locality Code as
(i) The proposed uses are inconsistent with and therefore strongly inappropriate
in the Open Space Conservation Zone.
(ii) The applicant has not satisfactorily demonstrated the proposed development
footprint is commensurate with the site’s constraints and values.
(iii) The proposal will adversely impact on the sites and the adjoining road
reserve’s scenic and environmental values.
(iv) The proposed built form will adversely impact on the visual amenity of nearby
properties in Attunga Heights.
(v) The proposed development does not respect the scale and character of the
surrounding development.
3. The proposed development is contrary to the Specific Outcomes of the Noosa
Heads Locality Code for population density, gross floor area, site cover, building
height and setbacks.
4. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal does not satisfactorily manage, minimise or mitigate its impacts on the
site’s ecologically important areas, ecological linkages for the koala population and
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 19 MARCH 2020
the site’s watercourse with the development resulting in excessive clearing of
protected vegetation.
5. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
(i) The proposed lots and lot boundaries fragment the site’s wildlife corridor and
the riparian buffer to the site’s watercourse.
(ii) The proposal is to subdivide land in the Open Space Conservation zone.
(ii) The applicant has not demonstrated appropriate access for Lot 3 for
construction purposes is available or achievable.
(iii) The proposed parkland lot, Lot 4, includes part of the bushfire protection
zone for the multiple dwelling units and steep slopes which will require
ongoing monitoring and future management, inappropriately burdening
Council’s resources.
6. The proposed development has not been designed to avoid any potential instability
and associated problems and seeks to clear excessive vegetation that assists in
stabilising the site and the development in the long term contrary to the Natural
Hazards Overlay Code and Reconfiguration of Lot Code.
7. The proposed development will adversely impact on the vegetated character of the
adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by
residents and visitors to the area due to the scale and extent of development
proposed along this boundary and limited landscape opportunities to screen the
development. The proposed works for the driveway and associated retaining walls
are also likely to adversely impact on the vegetation within the road reserve and
result in the removal of some existing mature vegetation.
8. The proposed stormwater management strategies for water quality for the multiple
housing development on lot 1 conflict with the Water Sensitive Design Code, which
requires natural treatment strategies and systems and are contrary to the
Reconfiguration of Lot Code.
9. The proposed proprietary device has not been accepted by Stormwater Australia
as a satisfactory water quality treatment system for this area. Therefore, the
proposed development may adversely impact on the downstream ecosystem due
to changes in water quality.
10. The proposed development is contrary to the draft Noosa Plan provisions which
are more protective of the site’s environment values and consequently more
restrictive of development.
11. The application attracted a considerable number of public submissions raising valid
grounds of objection to the development.
12. The proposed development is contrary to Schedule 10 Division 3 of the Planning
Regulation 2017 as the development is situated in a koala assessable
development area and does not avoid, minimise or mitigate interfering with koala
habitat or propose a satisfactory offset to address any significant residual impact.
13. The proposal is contrary to the State Planning Policy as the proposed development
will adversely impact on koala habitat, with koala populations recognised as being
matters of both national and state environmental significance.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 19 MARCH 2020
5 CATEGORY D BUSHFIRE RECOVERY EXCEPTIONAL ASSISTANCE IMMEDIATE
SUPPORT PACKAGE
That Council note the report by the Community Services Director to the General Committee
Meeting dated 16 March 2020 and approve the Program of Works as detailed in Attachment 1
to the report to be submitted to the Queensland Reconstruction Authority as a condition of the
Category D Bushfire Recovery Funding and further, request the Chief Executive Officer to
report the specific projects selected to proceed in each category to future Council meetings.
6 FINANCIAL PERFORMANCE REPORT - FEBRUARY 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 March 2020 outlining February 2020 year to date financial performance
against budget, including key financial sustainability indicators.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 19 MARCH 2020
9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
To be determined following the local government election.
13 MEETING CLOSURE
The meeting closed at 6.24pm.
Page 13 of 13