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2019-09-19 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 19 September 2019
6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Cr Frank Pardon
The meeting commenced at 6.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The Minutes of the Ordinary Meeting held on 15 August 2019 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
The Minutes of the Special Meeting held on 12 September 2019 be received and confirmed.
Carried unanimously.
Page 2 of 14
Section 3
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
3 MAYORAL MINUTES
1 LEAVE OF ABSENCE – CR FRANK PARDON
Moved: Cr Wellington
That in accordance with Section 162 of the Local Government Act, Council provide a
leave of absence for Cr Pardon for Council’s Ordinary Meeting on 19 September 2019.
Carried unanimously.
2 COUNCIL ACKNOWLEDGES THOSE INVOLVED IN THE PEREGIAN FIRE
EMERGENCY
Moved: Cr Wellington
That Council:
A. Expresses its deep gratitude to the Queensland Fire & Emergency Services
(including Urban and Rural Fire Services, SES and the pilots and crews involved
in water and gel bombing) and the Queensland Police Service for their incredible
effort during the Peregian Fires disaster that began on the afternoon of Monday 9
September, noting the remarkable protection of houses, the large scale evacuation
that was achieved, and particularly that there was no loss of life or significant injury
during the ordeal;
B. Expresses its gratitude to the various other agencies who so positively contributed
to the event response, including but not limited to the Queensland Parks & Wildlife
Service, Queensland Ambulance Service, Australian Red Cross, the Department
of Communities, Energex, Unitywater, NBN, and Queensland Health;
C. Acknowledges and thanks the amazing Noosa community who worked together
for such a wonderful outcome, including Tourism Noosa, the resorts and residents
who housed evacuees and our local businesses, community organisations and
residents who rallied to provide support and assistance; and
D. Acknowledges the efforts of its own Local Disaster Management Group and Local
Disaster Recovery Group, and also the Noosa Council communications team, as
well as the Local Disaster Control Centre staff and Field Control Centre staff, plus
those who volunteered at the Evacuation Centres, all of whom performed
exceptionally well during this event.
Carried unanimously.
Page 3 of 14
Section 4
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
4 PETITIONS
1 PETITION: REQUEST FOR ADDITIONAL PARKING ADJACENT TO THE NOOSA
LEISURE CENTRE AND NOOSAVILLE LIBRARY
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the petition tabled by Cr Wellington requesting that Council supply additional
parking adjacent to the Noosa Leisure Centre and Noosaville Library be received and
referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
2 PETITION: REQUEST FROM NOOSA PICKLEBALL CLUB TO PERMIT QUAMBY
PLACE COMMUNITY TENNIS COURT TO BE REPURPOSED AS PICKLEBALL
COURTS
Council Resolution
Moved: Cr Wellington
Seconded: Cr Glasgow
That the petition tabled by Cr Wellington requesting that Council enter into an agreement
with Noosa Pickleball Club, permitting the Quamby Place Community Tennis Court to be
re-purposed into four pickleball courts under the administration of the Noosa Pickleball
Club Inc., be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
Page 4 of 14
Section 5
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
6 PRESENTATIONS
1 NATIONAL LOCAL GOVERNMENT PROFESSIONALS AUSTRALIA FEDERATION
AWARD 2019 PARTNERSHIPS AND COLLABORATION
CEO, Brett de Chastel presented Council with the recently received, National Local
Government Professionals Australia Federation Award 2019 in the Partnerships and
Collaboration category for the “Collaboration for Koalas” Project.
2 AMBASSADOR AWARD – CITIES POWER PARTNERSHIP 2019
Mayor Tony Wellington presented his recently received Ambassador Award (elected
representative), from the Climate Council’s Cities Power Partnership 2019, in recognition
of his individual achievement in advocacy performance in contributing to the public
climate debate and promoting the Cities Power Partnership program.
7 DEPUTATIONS
Nil.
Page 5 of 14
Section 6
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
23 AUGUST 2019 - Cr Frank Wilkie (Acting Mayor), Cr Joe Jurisevic, Scott Williams,
Cameron Jaggers
Apology: Cr Tony Wellington
The following Recommendations from the Audit & Risk Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The Audit & Risk Committee recommendations dated 23 August 2019 be adopted.
Carried unanimously.
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 23 August 2019.
2 DRAFT FINANCIAL STATEMENTS – 2018-19 YEAR
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
Meeting dated 23 August 2019 regarding the presentation of the draft financial statements for
the period ending 30 June 2019.
3 RISK MANAGEMENT, PUBLIC INTEREST DISCLOSURES, CRIME AND CORRUPTION
COMMISSION AND FRAUD UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 August 2019 and:
A. Note the Risk Management update and summary of Council’s operational risks for the
2018/19 financial year;
B. Note the Public Interest Disclosure update for the 2018/19 financial year;
C. Note the Crime and Corruption Commission (CCC) update for the 2018/19 financial year;
and
D. Note the Fraud update for the 2018/19 financial year.
4 INTERNAL AUDIT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 August 2019 and note the Internal Audit Final Report on Business Continuity provided
as Attachment 1 to the report.
5 2019 COMMUNITY SATISFACTION SURVEY RESULTS
That Council note the report by the Director Executive Services to the Audit & Risk Committee
Meeting dated 23 August 2019 and the Community Satisfaction Survey 2019 report prepared
by Market Facts Qld Pty Ltd provided as Attachment 2 to the report.
Page 6 of 14
Section 7
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 SEPTEMBER 2019
Due to the bushfire emergency, the Planning & Environment Committee meeting was cancelled. All
items were referred by the CEO to the General Committee meeting that was held on 16
September 2019.
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 SEPTEMBER 2019
Due to the bushfire emergency, the Services & Organisation Committee meeting was cancelled. All
items were referred by the CEO to the General Committee meeting that was held on 16
September 2019.
Page 7 of 14
Section 8
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
GENERAL COMMITTEE RECOMMENDATIONS
16 SEPTEMBER 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington
2 OPW17/0150.01 MINOR CHANGE TO DEVELOPMENT APPROVAL FOR OPERATIONAL
WORKS - PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING JETTY AT 180
GYMPIE TERRACE NOOSAVILLE
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
make a minor change to an existing approval for extension to an existing jetty situated at Jetty
180 Gympie Terrace, Noosaville and
A. Refuse the change for the following reasons:
1. The proposed works do not represent a minor change to the development approval
because the change results in a substantially different development as it extends
the use beyond the boundary of the lease and therefore results in the application
applying to a new parcel of land.
2. The proposed works will result in a commercial activity outside the existing
commercial lease area and have the potential to increase the overall scale and
intensity of commercial operations contrary to the following provisions of the
Noosaville Locality Code:
(i) Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
foreshores from the cumulative impacts of development;
(ii) Specific Outcome O27(d) and (f), O28 and O29;
3. The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
Waterway Works Code as the works are contained outside the boundaries of the
existing lot and the berthing of vessels encroaches over the boundaries of the lot.
4. The proposal is contrary to Schedule 3 of the Coastal Protection and Management
Regulation 2017 as certification that the completed works comply with the
requirements of the regulation has not been provided.
5. The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways
Works Code of the draft New Noosa Plan whereby all commercial activities for a
jetty are to be confined to the commercial lease areas of the respective commercial
operation.
B. Advise the applicant that the structure must be modified to comply with the Development
Permit for Operational Works (OPW17/015) and approved plans within 6 months.
C. Write to the Department of Natural Resources, Mines and Energy and request that the
Department review the current commercial operations of Jetty 180 to ensure compliance
with the current lease conditions.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Jurisevic, Stockwell, Wellington and Wilkie
Against: Crs Jackson and Glasgow
Carried.
Page 8 of 14
Section 9
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
6. ENVIRONMENT GRANTS POLICY
Motion
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 September 2019 and:
A. Repeal the Environment Grants Policy adopted on 21 February 2019 and adopt the
revised Environment Grants Policy provided at Attachment 1 to the Report with the
additional words included under the heading of Council Policy: “All initiatives funded by
the Environment Grants Program will have tangible and measureable outcomes.”;
B. Note the Draft Multi-year Collaborative Environmental Grants - Operating Guideline
provided at Attachment 2 to the Report, developed by the Environment Levy Working
Group, as per the Environment Grants Policy; and
C. Approve the Environment Grants being directed towards outcomes of the Biodiversity
and Waterways, Wetlands & Coasts sections of the Noosa Environment Strategy, while
the Environment Levy remains the sole funding source for the Grants.
Amendment
Moved: Cr Jackson
Seconded: Cr Wilkie
That Item A be amended to read:
A. Repeal the Environment Grants Policy adopted on 21 February 2019 and adopt the
revised Environment Grants Policy provided at Attachment 1 to the Report with the
following changes:
1. The additional words included under the heading of Council Policy: “All initiatives
funded by the Environment Grants Program will have tangible and measureable
outcomes.”; and
2. The wording be changed in the policy under the heading Multi-year Environment
Collaborative Projects in paragraph 4 to read: “Council will retain the flexibility to
receive and assess Multi-year Environment Collaborative (MEC) Project
applications sought outside of this timeframe through an open application
process or EOI, but all projects will be subject to Council approval.”;
For: Crs Jackson and Glasgow
Against: Crs Stockwell, Jurisevic, Wellington and Wilkie
Lost.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 September 2019 and:
A. Repeal the Environment Grants Policy adopted on 21 February 2019 and adopt the
revised Environment Grants Policy provided at Attachment 1 to the Report with the
additional words included under the heading of Council Policy: “All initiatives funded by
the Environment Grants Program will have tangible and measureable outcomes.”;
B. Note the Draft Multi-year Collaborative Environmental Grants - Operating Guideline
provided at Attachment 2 to the Report, developed by the Environment Levy Working
Group, as per the Environment Grants Policy; and
Page 9 of 14
Section 10
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
C. Approve the Environment Grants being directed towards outcomes of the Biodiversity
and Waterways, Wetlands & Coasts sections of the Noosa Environment Strategy, while
the Environment Levy remains the sole funding source for the Grants.
For: Crs Glasgow, Jurisevic, Stockwell, Wellington and Wilkie
Against: Cr Jackson
Carried.
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 September 2019 be adopted except where
dealt with or held over by separate resolution.
Carried unanimously.
1. UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire
Council Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a
correction to section 13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on
Monday 23 September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3)
2018”.
3 MCU19/0081 DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR 16
ANCILLARY DWELLING UNITS AT 64 GATEWAY DRIVE NOOSAVILLE
That Council note the report by Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Application No
MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
Units situated at 64 Gateway Drive Noosaville and
A. Refuse the application for the following reasons:
1. The proposed development is not for Ancillary dwelling units as defined under
section 2.11.5 of the Planning Scheme because:
(i) multiple dwelling units are proposed on the premises;
(ii) the proposed dwelling units are not subordinate to the non-residential use.
2. The proposed development is for Multiple housing which under Table 11.9 of
Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
Zone requiring impact assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the
following respects:
(i) The proposed use will be incompatible with other uses and works on the
premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
Page 10 of 14
Section 11
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
(ii) The proposed use fails to protect the subject premises for industrial functions
to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
Outcomes Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
Detached House Code as land zoned industrial is not suited for residential use and
would be located in the vicinity of land uses which would adversely impact the
occupation and use of buildings and the site by residents and would result in the
residential development preventing or inhibiting the conduct of existing land uses.
5. A number of the proposed dwelling units contain upper level storage levels directly
accessed by internal stairs which would not meet fire separation requirements of
the Building Code of Australia.
6. There is no planning need for the proposed development.
7. The proposed development is inconsistent with the existing development approval
in effect for the development of the site for industrial uses and represents a
piecemeal development.
8. The proposed development is contrary to PO7 of the Low Impact industry Zone
Code of the draft New Noosa Plan provisions which reinforce that caretakers uses
are to be subordinate to the industrial uses on the site and include only one
caretaker per site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4. OPW19/0046 PLANNING & ENVIRONMENT COURT APPEAL NO 1802 OF 2019 REFUSAL
OF APPLICATION FOR OPERATIONAL WORKS FOR SIGNAGE AT 1/100 RENE ST,
NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Planning & Environment
Court Appeal No. 1802 of 2019 and agree to settle the appeal generally in accordance with
the following:
A. Include the following conditions on a Development Permit for Operational Works
(Signage):
Nature and Extent of Approved Development
1. This approval authorises the following sign as defined by the planning scheme and
shown on the Approved Plans:
a. One wall sign
No additional advertising devices must be erected on the site.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plan is listed in the
following table.
Plan No. Rev. Plan/Document Name Date
Work Order 26754 Item 1 1 Plan prepared by SignSite Group 16/08/2018
3. The approved sign must not exceed the dimensions and sign areas as shown on
the Approved Plans.
Page 11 of 14
Section 12
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
Illumination
4. The approved sign must not be illuminated in any way.
Maintenance
5. The approved sign must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
B. Confirm with the appellant that the existing window sign must be removed within 30 days
of the judgement.
C. Acknowledge the appellant may erect a sign for their business on the existing pylon sign
at the entrance to Noosa Metro Innovation Park.
5. MCU18/0204 PLANNING & ENVIRONMENT COURT APPEAL NO 2352 OF 2019 -
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR OFFICE,
RESTAURANT & SHOP AT 6 HERON ST, PEREGIAN BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Planning & Environment
Court Appeal No. 2352 of 2019 and agree to defend the appeal.
7. COUNCIL MEETING SCHEDULE - JANUARY TO MARCH 2020
That Council note the report by the Executive Assistant to the CEO to the Services &
Organisation Committee Meeting dated 10 September 2019 and approve the Council meeting
dates for 2020 as set out in Attachment 1 to the report.
8. SOCIAL STRATEGY IMPLEMENTATION UPDATE 2018-19
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 10 September 2019 on the Social Strategy
Implementation Plan after 3 years of operation and:
A. Note the updated Implementation Table, provided at Attachment 1 to the report;
B. Request the Chief Executive Officer to review and update the Noosa Social Strategy
during 2020/21; and
C. Consider appropriate resourcing of the Social Strategy review within the 2020/21 Budget
process.
9. NOOSA SPIT SHORELINE EROSION UPDATE - SEPTEMBER 2019
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to
the Services & Organisation Committee Meeting dated 10 September 2019 providing an
update on the development of a Shoreline Erosion Management Plan (SEMP) for Noosa Spit.
10. WASTE MANAGEMENT - 2018-19 ANNUAL REPORT
That Council note the report by the Waste Coordinator to the Services and Organisation
Committee Meeting dated 10 September 2019, providing an update on the activities of the
Waste Section for the financial year 2018/19.
Page 12 of 14
Section 13
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
11. JULY 2019 RATE LEVY OVERVIEW
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 10 September 2019 providing an overview of the July 2019 Rate
Levy.
12 MCU16 0153 01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE OF PREMISES & REC16/0041 FOR RECONFIGURE OF A LOT AT 215
DAVID LOW WAY PEREGIAN BEACH
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 16 September 2019 regarding Application No. MCU16/0153.01 and REC16/0041 for a
Pre-Request Response to Change Conditions of the Development Approval for 215 David Low
Way, Peregian Beach and note that the applicant no longer intends to pursue their request for
a pre-request response from Council and now intends to go directly to the Planning and
Environment Court on this matter.
13 FINANCIAL PERFORMANCE REPORT - AUGUST 2019
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 September 2019 outlining August 2019 year to date financial performance
against budget, including changes to the financial performance report with the inclusion of key
financial sustainability indicators.
Page 13 of 14
Section 14
ORDINARY MEETING MINUTES 19 SEPTEMBER 2019
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil
9 PUBLIC QUESTION TIME
(Not yet commenced)
10 NEXT MEETING
The next Ordinary Meeting will be held on 17 October 2019 at the Federal Memorial Hall &
Community Centre, 2 Skyring Creek Road, Federal commencing at 6pm.
11 MEETING CLOSURE
The meeting closed at 6.53pm
Page 14 of 14