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2022-08-18 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 18 August 2022
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Full text of the other 54 sections
Section 2
ORDINARY MEETING AGENDA 18 AUGUST 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. MAYORAL MINUTES 3
4. PETITIONS 3
5. NOTIFIED MOTIONS 3
6. PRESENTATIONS 3
7. DEPUTATIONS 3
8. CONSIDERATION OF COMMITTEE REPORTS 4
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 9 AUGUST 2022
4
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT 9 AUGUST
2022 16
3 GENERAL COMMMITEE MEETING REPORT 15 AUGUST 2022 18
9. ORDINARY MEETING REPORTS 28
4 MCU22/0067 - FURTHER REPORT FOR AN APPLICATION FOR MATERIAL
CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE
ROAD, TINBEERWAH 28
5 DESTINATION MANAGEMENT PLAN PROJECT CONTROL GROUP (DMPPCG)
APPOINTMENT OF COMMUNITY AND/OR INDUSTRY REPRESENTATIVES 37
10. CLOSED SESSION 55
11. PUBLIC QUESTION TIME 55
12. NEXT MEETING 55
13. MEETING CLOSURE 55
Page 2 of 55
Section 3
ORDINARY MEETING AGENDA 18 AUGUST 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 July 2022 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
5. NOTIFIED MOTIONS
Nil.
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 3 of 55
Section 4
ORDINARY MEETING AGENDA 18 AUGUST 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT 9 AUGUST 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Brian Stockwell (via Microsoft Teams)
Cr Karen Finzel
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
Nil
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 NOOSA COUNCIL FLYING-FOX STATEMENT OF MANAGEMENT INTENT
That Council note the report by Fauna Management Project Officer to the Planning and
Environment Committee Meeting 9 August 2022 on the Flying Fox Statement of Management
Intent, and
A. Endorse the draft Statement of Management Intent for the purpose of community
consultation; and
B. Report back to Council on the findings of the community consultation.
2 MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
That Planning & Environment Committee Agenda Item 2 be referred to the General
Committee due to the significance of the issue.
3 MCU21/0027.01 & OPW21/0047.01 – OTHER CHANGE TO A DEVELOPMENT APPROVAL
FOR MULTIPLE DWELLING & OPERATIONAL WORKS TO INCLUDE SHORT-TERM
ACCOMMODATION AT 30 & 32 JAMES STREET, NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 9 August 2022 regarding Application No. MCU21/0027.01 &
OPW21/0047.01 for an Other Change to a Development Approval for Material Change of Use
for Multiple Dwellings and Operational Work (Stormwater, drainage works, earthworks and
landscaping) to include short-term accommodation, situated at 30 & 32 James Street,
Noosaville and:
Page 4 of 55
Section 5
ORDINARY MEETING AGENDA 18 AUGUST 2022
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the permanent housing in the area, impacting permanent resident amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and (h)
of the Medium Density Residential Zone Code as:
a. The proposal is located in an area that has a substantial number of properties being
used for visitor accommodation and/or properties permitted for visitor
accommodation. The introduction of additional short-term accommodation within a
unit complex is not consistent with the purpose of the zone.
b. The proposal seeks to establish a new short-term visitor accommodation facility
within a recently approved multiple units development and is not located within a
well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and
Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does not
seek to increase the extent of visitor accommodation within the area to the
detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and (2)(f)
of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and integrated
with permanent residents in the area given the number and density of properties
currently being used for visitor accommodation and/or permitted for visitor
accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents.
5. There is no need for additional short-term accommodation in the area.
6. The proposal does not comply with Performance Outcome PO12 of the Visitor
Accommodation Code and Performance Outcome PO6 of the Driveway and Parking
Code as insufficient car parking is proposed on site to address the likely parking
demands.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 51983.3225.14 – PLANNING & ENVIRONMENT COURT APPEAL NO. 3296 of 2021 –
APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR
MULTIPLE DWELLING UNITS & 8 SHOPS AT 30 HASTINGS ST, NOOSA HEADS
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment
Court Appeal No. 3296 of 2021 and agree to settle the appeal generally in accordance with
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.
Page 5 of 55
Section 6
ORDINARY MEETING AGENDA 18 AUGUST 2022
Approved Plans – 11 November 2014
Rev. Plan, prepared by Date
Plan No.
No.1 Perspectives & Notes, prepared by 22/07/2014
Accolade Building Designs
No.3 Ground Floor & 1st Level, prepared by 22/07/2014
Accolade Building Designs
No.4 Elevations, prepared by Accolade Building 22/07/2014
Designs
Approved Plans - October 2015
Plan No. Rev. Plan, prepared by Date
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Sept 15
Architect
DA 3004 A Ground Floor and Carport Plan, prepared by Sept 15
Peter Hull Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
Plan No. Rev. Plan, prepared by Date
GRND FLR – Proposed (Unit 14), prepared 14/10/2015
by LPID
Elevation (Unit 14) – East Facing (Street 14/10/2015
Frontage), prepared by LPID
Elevation – North Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – South Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – West Facing (Unit 14), prepared 14/10/2015
by LPID
3D Views – Exterior (Unit 14), prepared by 14/10/2015
LPID
GRND FLR – Proposed (Unit 25), prepared 14/10/2015
by LPID
Elevation (Unit 25) – South View, prepared 14/10/2015
by LPID
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Page 6 of 55
Section 7
ORDINARY MEETING AGENDA 18 AUGUST 2022
Elevation – North (Unit 25), prepared by 14/10/2015
LPID
3D Views – Exterior (Unit 25), prepared by 14/10/2015
LPID
Approved plans – May 2016
Plan No. Rev. Plan, prepared by Date
DA.01 B Location Plan prepared by Bark Design Architects 26/02/2016
DA.02 C Site Plan prepared by Bark Design Architects 23/02/2016
DA.04 C Ground Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.05 C First Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.06 C Second Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.07 C Roof Terrace Plan prepared by Bark Design 23/02/2016
Architects
DA.11 B South Elevation prepared by Bark Design 26/02/2016
Architects
DA.12 B East Elevation prepared by Bark Design 26/02/2016
Architects
DA.13 B North Elevation prepared by Bark Design 26/02/2016
Architects
DA.14 B West Elevation prepared by Bark Design 26/02/2016
Architects
Approved plans – March 2017 Unit 20
Plan No. Rev. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
Sheet 1 Designs
1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
Sheet 2 Designs
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building 23 March 2017
Sheet 4 Designs
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Page 7 of 55
Section 8
ORDINARY MEETING AGENDA 18 AUGUST 2022
Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5
Plan No. Plan, prepared by Date
Sheet 1 of 4 Site Plan, prepared by Mandy’s Design and Drafting July 2017
Issue A
Sheet 2 of 4 Existing Floor Plans, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 3 of 4 Proposed floor plan, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 4 of 4 Elevations, prepared by Mandy’s Design and Drafting July 2017
Issue A
Approved Plans – April 2018 Unit 21
Plan No. Plan, prepared by Date
Sheet 1 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 2 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 3 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (floor plans), prepared by Accolade Building
Designs
Sheet 4 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (elevations), prepared by Accolade Building
Designs
Page 8 of 55
Section 9
ORDINARY MEETING AGENDA 18 AUGUST 2022
Approved Plans – 19 November 2020 Unit 17
Plan No. Plan, prepared by Date
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by Innovate October 2020
Issue D Architects
Sheet 02, Elevations, Section & External Finishes Schedule, prepared October 2020
Issue D by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects October 2020
Issue C
Approved Plans – March 2020 Unit 19
Plan No. Plan, prepared by Date
A01 Site Location, Site Plan & Calculations, prepared by Lisa 22 January 2021
Page
A02 Ground Floor Plan – with proposed alterations, prepared 22 January 2021
by Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3/Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by 22 January 2021
Lisa Page
A10 Perspective views: south/east/north views, prepared by 22 January 2021
Lisa Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette 22 January 2021
by Lisa Page
- Landscape Concept Design document including site plan -
and perspective, cross sections, look and feel and design,
prepared by Louise Custance
Page 9 of 55
Section 10
ORDINARY MEETING AGENDA 18 AUGUST 2022
Approved Plans – July 2022 Units 9-10 (Lot 30 SP307674)
Plan No. Plan, prepared by Date
SK 002 Proposed Holyman Unit 3D perspectives, prepared by N/D
Iss SK2 Gerard Smith Design
SK 101 Site Plan, prepared by Gerard Smith Design May 2022
Iss SK2
SK 102 Setback Plan & Vehicle Manoeuvring Plan, prepared by May 2022
Iss SK2 Gerard Smith Design
SK 201 Floor Plan – All Levels, prepared by Gerard Smith Design May 2022
Iss SK2
SK 401 Elevations – Sheet 1, prepared by Gerard Smith Design May 2022
Iss SK2
SK 501 Cross Sections – Sheet 1, prepared by Gerard Smith May 2022
Iss SK2 Design
SK 951 Overviewing Diagrams – Level 1, prepared by Gerard May 2022
Iss SK2 Smith Design
SK 952 Overviewing Diagrams – Level 2, prepared by Gerard May 2022
Iss SK2 Smith Design
3 Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
4 A Construction Management Plan must be submitted to and approved by Council prior
to obtaining a building approval and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including.
i. Traffic Management Control Plan in accordance with Manual of Uniform
Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
control measures prior to construction.
ii. Maintenance of safe and unobstructed access across the frontage of the site
for pedestrians and vehicles both during daily construction and after daily
construction has ceased.
iii. Parking arrangements, number, and locations for vehicles associated with
the proposed construction works that need to be onsite or in proximity to the
site at any time during the phases of the construction works. Where relevant,
time slots and off-peak hours should be indicated. All efforts must be made
to prevent or minimise adverse impact on public parking availability in the
local area.
b. Works programme identifying key components of the works and their respective
durations.
c. Written confirmation from the Body Cooperate accepting the use of the common
property for activities associated with the construction works as identified in the
final Construction Management Plan and the Traffic Management Plan.
d. Proposed fencing to the site during the construction phase of the development.
Page 10 of 55
Section 11
ORDINARY MEETING AGENDA 18 AUGUST 2022
e. Protection fencing for existing landscaping and trees in proximity to the work
activities.
f. Maintenance and protection of water quality and existing drainage lines through
the construction site through the implementation of appropriate erosion and
sediment control measures to prevent silt and contaminants from entering existing
stormwater system.
g. Establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed construction
times, impacts on traffic and services and other relevant issues.
h. identification of complaint management procedures including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
5 Council must be contacted at least 5 working days prior to any works commencing to
organise a pre-start meeting. The contact number to arrange a pre-start meeting is
Development Construction Officer on ph.5329 6465. The pre-start meeting must include:
a. The relevant parties for any Civil Engineering and Building works.
b. A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic
management plans for the attendees at the prestart meeting.
Frontage Condition Report
6 A condition report including photographs of the frontage of the site must be completed
and submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
7 Any conflict between the development and an existing or proposed service must be
referred to the relevant service authority for determination prior to commencement of
works.
8 The developer must meet any costs to repair damage to any Council asset during
construction where damage is a result of the development works. Damage to assets
must be repaired immediately where it creates a hazard to the community. In
circumstances where the damage does not create a hazard to the community, it must be
repaired immediately on completion of the works associated with the development.
Performance Bond
9 Deleted.
Performance Bond
10 Security in the form of a cash bond or trading bank guarantee to the sum of $4000 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Building Works. The cash bond or trading bank
guarantee will be returned on performance of the conditions of approval less any costs
incurred by Council in respect of enforcing performance of this permit. Council reserves
the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
11 All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible externally from adjoining land uses.
Privacy – Unit 17
Page 11 of 55
Section 12
ORDINARY MEETING AGENDA 18 AUGUST 2022
12 To ensure privacy is protected between adjoining units, the kitchen window located on
Level 1 must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with opaque glazing
13 The balcony located on Level 1 and the roof top terrace must include either balustrading
or fixed external screens, positioned in such a way to obscure direct views into the
habitable room windows or private open space areas of the adjoining units.
Noise
14 Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning
• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps/spa equipment
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
15 The certification must be submitted to Council at the completion of the building works,
which certifies that operational noise from any fixed plant and equipment complies with
the requirements of this Decision Notice.
Landscaping Works
16 The Cocos palm on Lot 17 must be removed prior to construction works commencing on
site.
17 The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18. The development site must be landscaped generally in accordance with Planning
Scheme Policy PSP03 – Landscaping Plants and guidelines and the following
requirements:
a. Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general
location of the vegetation approved for removal.
b. Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must
be planted between the building and the northern boundary and north western
corner of Lot 17 that grow to a maximum height of 7 metres.
c. Lot 19 - the works as generally shown on the approved Landscape concept plan
as prepared by Louise Custance except for the usage of exotic species and include
2 advanced local native tree species in a pot size of no less than 45L that grow to
a maximum height of 7 metres.
d. Lot 19 – Landscaping must be provided between the building and western
boundary that grow (on average) to a maximum height of 5 metres in order to
soften the built form where viewed from the west.
19. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
20. Landscape works must be completed prior to the commencement of the approval use.
21. Vegetation to be retained must be protected from clearing or construction activities by:
Page 12 of 55
Section 13
ORDINARY MEETING AGENDA 18 AUGUST 2022
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
d. using low impact construction techniques around vegetation.
Damage to Services and Assets
22. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Flood
23. In response to the potential flood risks, material and surface treatments below the
defined flood event must be resilient to water damage and do not include wall cavities
that are susceptible to the intrusion of water.
24. No habitable rooms are to be located on the ground floor.
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the Development Approval for Building Works – demolition
of Unit 17 & 19. The security must be in the form of a cash bond or bank guarantee, for
security against satisfactory completion of works.
26. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways at the removal site, the new site or between the sites must be
repaired or reinstated to at least pre-existing conditions.
27. All waste materials are removed from site.
28. Litter, erosion and sediment control measures are to be installed and/or maintained until
soils are stabilised by vegetation or sealed. NB: it is an offence under the Environmental
Protection Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants
to enter a waterway or storm water drainage system (e.g. roadside gutter).
29. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
30. Asbestos removal work (Section 466) of the Work Health and Safety Regulation
2011 requires a licensed asbestos removalist to give notice to Workplace Health and
Safety Queensland (WHSQ) of licensed asbestos removal work at least five days before
the work commences. Notification must be made using Form 65: Notification of licensed
asbestos removal work, demolition work or emergency demolition.
31. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment
& Science licenses businesses that transport asbestos waste, and landfills that accept
this waste.
32. All building materials containing asbestos, including asbestos cement sheeting or roofing
and lagging are removed from the building prior to demolition/relocation.
Page 13 of 55
Section 14
ORDINARY MEETING AGENDA 18 AUGUST 2022
33. It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of
a building classed 1-10, the existing sanitary drain upstream from the connection point
for a service provider’s sewerage system must be sealed water tight. This work is
deemed as Notifiable Work and must be carried out by a suitably licenced plumber who
shall submit an As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC
(Queensland Building Construction Commission) within 10 days of completing the work.
Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
34. The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5
metres from the northern boundary.
35. All parts of the building must be wholly contained within Lot 19 with the exception of
structures in the exclusive use area as stipulated by the Community Management
Statement for the site.
36. The storage room on the ground level is not to be used as a bedroom or as any other
habitable room.
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for
construction and access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
specifically for Lot 30, prior to the issue of a Development Permit for Building Works. The
cash bond or trading bank guarantee will be returned on performance of the conditions
of approval less any costs incurred by Council in respect of enforcing performance of
this permit. Council reserves the right to call upon the bond or guaranteed sum to effect
compliance with conditions.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the development approval for building works (demolition).
The security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the approved
plans and Planning Scheme Policy PSP2 – Landscaping, and the following
requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided to the
north, south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
centres. Include 1 x 100 litre pot size tree to be planted in each of the following
locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be suitable
native species for the urban surroundings such as Syzygium, Elaeocarpus,
Acronychia.
d. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures
healthy, sustained and vigorous plant growth. All plant material must be allowed
to grow to full form and be refurbished when its life expectancy is reached.
Page 14 of 55
Section 15
ORDINARY MEETING AGENDA 18 AUGUST 2022
e. Landscape works must be completed prior to the commencement of the use of Lot
30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
prepared by Max Watterson & Associates may be removed within the lot as part of
preparing the site for construction.
41. Any vegetation to be retained must be protected from clearing or construction activities
by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must not
cover more than 50% of each of the balconies. The privacy screens on Level 3 must be
a minimum height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading (set
back as shown on the approved plans), and fixed external screens (where appropriate),
positioned in such a way to obscure direct views into the habitable room windows or
private open space areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material and
colour palette as shown on Plan no. SK 002 Issue SK2 and prepared by Gerard Smith
Design.
5 PLANNING & ENVIRONMENT COURT APPEAL NO D97 OF 2022 – APPLICATION FOR
SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
1 (ADMINISTRATION) 2015 FOR UNIT 1, 12 STEVENS STREET, SUNSHINE BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment
Court Appeal D97 of 2022 and agree to defend the appeal.
6 PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 – ENFORCEMENT
NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A DEVELOPMENT APPROVAL AT
LAKE WEYBA DRIVE, NOOSAVILLE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a prescribed conflict of interest in relation to this matter as
Kirsty Millar, the ex-wife, of Mr Bob Linke, Director of Linke and Linke Surveys Pty Ltd (the Applicant),
donated $5000 on 12/2/2020, $5000 on 6/3/2020; $1900 on 27/2/2020 and $1900 on 27/2/2020, to my
2020 election campaign. As a result of my conflict of interest, I will now leave the meeting room while
the matter is considered and voted on.
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
for further consideration.
Page 15 of 55
Section 16
ORDINARY MEETING AGENDA 18 AUGUST 2022
7 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 August 2022 and adopt the “Noosa Shire Council
Charges Resolution (No.7) 2022” provided as Attachment 1 to the report, to replace the
“Noosa Shire Council Charges Resolution (No.6) 2021” and take effect on 19 August 2022.
(REPORTS FOR NOTING BY COMMITTEE)
1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2022
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 9 August 2022 be received
and the recommendations therein be adopted except where dealt with by separate resolution
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT 9 AUGUST 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Karen Finzel (non-Committee councillor)
Cr Tom Wegener (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services (via Microsoft Teams)
D Iezzi, Director Executive Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 T000061 – TRAIL 5 DESIGN AND CONSTRUCT TENDER AWARD
That Council note the report by the Project Manager to the Services & Organisation Meeting
dated 9 August 2022 and:
A. Award Contract T000061 for the design and construction of the Trail 5 upgrade works to
Wilson Family Trust t/a Trailworx for the lump sum price of $714,000 excluding GST; and
B. Approve expenditure under this Contract up to $800,000 excluding GST, including
contingency spend.
Page 16 of 55
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ORDINARY MEETING AGENDA 18 AUGUST 2022
2 TREE MANAGEMENT ON PUBLIC LAND POLICY
That Council note the report by the Parks & Gardens Coordinator to the Services &
Organisation Committee Meeting dated 9 August 2022 and adopt the revised Tree
Management on Public Land Policy provided at Attachment 1.
3 COUNCILLORS’ EXPENSES REIMBURSEMENT AND PROVISION OF FACILITIES
POLICY
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 9 August 2022 and adopt the updated Councillor’s Expenses
Reimbursement and Provision of Facilities Policy effective from 1 July 2022, provided at
Attachment 1 to the report.
4 AMENDMENT OF GENERAL COMMITTEE & ORDINARY MEETING DATES OCTOBER
2022
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 9 August 2022 and request the Chief Executive Officer:
A. Defer the date of the General Committee from 17 October 2022 to 24 October 2022; and
B. Defer the date of the Ordinary Meeting from 20 October 2022 to 27 October 2022.
5 CAPITAL PROGRAM DELIVERY STATUS – 30 JUNE 2022
That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
Services & Organisation Committee Meeting dated 9 August 2022 providing an update on the
delivery of the 2021/2022 Capital Program as at 30 June 2022.
6 NOOSA HOLIDAY PARKS UPDATE REPORT TO 30 JUNE 2022
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 9 August 2022 providing an update on operations of
the Noosa Holiday Park Business Activity to 30 June 2022.
Committee Recommendation
That the report of the Services & Organisation Committee dated 9 August 2022 be received
and the recommendations therein be adopted except where dealt with by separate resolution.
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Section 18
ORDINARY MEETING AGENDA 18 AUGUST 2022
3 GENERAL COMMMITEE MEETING REPORT 15 AUGUST 2022
ATTENDANCE & APOLOGIES
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
That Council note the report by the Graduate Development Planner to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Application No. MCU22/0067
for a Development Permit for a Material Change of Use for Short-term accommodation situated
at 401 Sunrise Rd Tinbeerwah and request a further report from staff that provides advice on
the potential grounds of refusal based on debate in the General Committee.
2 PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 – ENFORCEMENT
NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A DEVELOPMENT APPROVAL AT
LAKE WEYBA DRIVE, NOOSAVILLE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a prescribed conflict of interest in relation to this matter as
Kirsty Millar, the ex-wife, of Mr Bob Linke, Director of Linke and Linke Surveys Pty Ltd (the Applicant),
donated $5000 on 12/2/2020, $5000 on 6/3/2020; $1900 on 27/2/2020 and $1900 on 27/2/2020, to my
2020 election campaign. As a result of my conflict of interest, I will now leave the meeting room while
the matter is considered and voted on.
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment
Court Appeal D100 of 2022 and agree to continue enforcement against Noosa Airfield to
address the current breach of the Noosa Plan 2020 and Planning Act 2016.
Page 18 of 55
Section 19
ORDINARY MEETING AGENDA 18 AUGUST 2022
1 MCU22/0038 - APPLICATION FOR A MATERIAL CHANGE OF USE – COMMERCIAL
BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS TYPE 2 – MEDICAL AT 28
EENIE CREEK ROAD, NOOSAVILLE
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 15 August 2022 regarding MCU22/0038 for a Development Permit for Material Change
of Use – Commercial Business Type 1 – Office and Commercial Business Type 2 - Medical
situated at 28 Eenie Creek Rd Noosaville and:
A. Approve the application in accordance with the following conditions:
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.
Approved Plans
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 and may be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
A-AD-0002 N Site Plan, prepared by Buchan 18.05.22
A-DA-100-B1 K Basement 01, prepared by Buchan 18.05.22
A-DA-100-B2 K Basement 02, prepared by Buchan 18.05.22
A-DA-1000 P Ground Floor Plan, prepared by Buchan 18.05.22
A-DA-1001 P Level 01 Plan, prepared by Buchan 18.05.22
1200 I Roof Plan, prepared by Buchan 18.05.22
A-DA-2000 E Sections, prepared by Buchan 18.05.22
A-DA-3000 K Elevations, prepared by Buchan 18.05.22
A-DA-6001 G Perspectives, prepared by Buchan 18.05.22
A-DA-6002 C Perspectives, prepared by Buchan 18.05.22
1.1 Site Plan, prepared by place design group 17.03.22
1.2 Landscape Elevations, prepared by place 17.03.22
design group
1.3 Perspective view, prepared by place design 17.03.22
group
2.1 Indicative plant palette – streetscape and 17.03.22
entry landscaping, prepared by place design
group
2.1 Indicative plant palette – bio basin 17.03.22
landscaping, prepared by place design
group
2.1 Indicative materials palette, prepared by 17.03.22
place design group
Nature and Extent of Approved Use
3. The approved use must not commence until all works required by RAL18/0023 have
been completed.
4. This approval is for a total of 2,170m2 of gross floor area, as depicted on the Approved
Plans, for the following uses:
Page 19 of 55
Section 20
ORDINARY MEETING AGENDA 18 AUGUST 2022
a. Commercial Business Type 1 – Office
b. Commercial Business Type 2 – Medical
5. The approved uses and associated activities must not result in environmental nuisances
such as noise, visual or odour impacts that unreasonably diminish the amenity of the
area or surrounding uses.
Currency Period
6. This development approval lapses if the use has not happened by 18 August 2028,
unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
7. The maximum height of the development must be in accordance with the approved
plans.
8. Certification must be submitted to Council from a Licensed Surveyor which certifies that
the buildings do not exceed the maximum height requirement of this Decision Notice.
9. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
10. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like.
11. The development must incorporate the colour scheme and proposed mix of building
materials as outlined in the approved plans (Perspectives, prepared by Buchan dated
18.05.2022).
12. Any exterior façade where plain concrete is used must be painted or otherwise sealed to
prevent staining and mitigate against graffiti.
13. Any security screens on the premises consist of grille or translucent screens and not
solid shutters, screens or roller-doors.
14. All mechanical equipment and other service infrastructure located on the site must be:
a. located not less than 2 metres from a property boundary;
b. fully enclosed or screened such that they are not visible from the street frontages
nor adjoining properties. Where screened by landscaping, landscaping beds must
be at least 1.5 metres wide.
15. No part of the site may be used for outdoor storage of materials.
Performance Bond
16. Security in the form of a cash bond or trading bank guarantee to the sum of $25,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to pre-start meeting. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in respect
of enforcing performance of this permit. Council reserves the right to call upon the bond
or guaranteed sum to effect compliance with conditions.
Street Identification
17. The street address of the development must be clearly visible and discernible from the
primary frontage of the site by the provision of a street number and, where appropriate,
the building name.
Water & Sewer Connections
18. An underground connection to reticulated water and sewerage must be provided to the
development site in accordance with the standards and requirements of Northern SEQ
Distributor–Retailer Authority (Unitywater).
Page 20 of 55
Section 21
ORDINARY MEETING AGENDA 18 AUGUST 2022
19. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection to
reticulated water and sewerage has been provided to the development site.
Public Safety
20. All ground floor shopfront glazing must be protected against vandalism by the use of a
form of safety glass such as toughened or laminated glass.
21. During operating hours, all parking areas, pedestrian areas and entrances/exits to all
stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and
with intensities to satisfy the requirements of Australian Standard AS1158 “Public
Lighting Code”. Lighting must be designed to reduce the contrast between shadows and
well lit areas. In particular, appropriate security lighting must be provided in the location
of the bicycle/ scooter parking and bin storage area.
22. Afterhours access to loading docks, storage areas and the basement carpark (including
the vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors
and/or other suitably appropriate means. The basement carpark must be kept closed
and locked at all times while the use is not operating.
Community Management Statement
23. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the Building
Format Plan (or similar) to Council for compliance assessment.
24. All clauses and by-laws of the proposed Community Management Statement must
accord with the requirements of this Decision Notice.
Landscaping
25. The site must be landscaped generally in accordance with an Operational Works permit.
26. Any landscaping in the road reserve must be in accordance with an Operational Works
approval.
27. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and Planning Scheme Policy (PSP2) - Landscaping and must include in particular:
a. the works shown on the Approved Plans;
b. the feature trees (Angophora costata) must have a minimum pot size of 100 litres;
c. protection of vegetation within the 10-metre wide Environmental and Conservation
Zone;
d. vegetation installed for landscaping adjacent to the 10-metre-wide vegetation strip
protected by the Environmental and Conservation Zone must only include Noosa
native species and not include any of the undesirable species as detailed within
the Noosa Plan 2020 - Scheme Policy 3 Landscaping;
e. vegetated screening of any electrical transformers, bin storage areas and the like
from the road frontage;
f. control of all weed species listed in the following standards and legislation:
i. declared plants under the Land Protection (Biodiversity Act 2014 and sub-
ordinate Regulation 2016).
ii. Noosa Local Government Area Pest Management Plan 2015-2019.
28. All entry statements, fences, batters, retaining walls and buffer/screen plantings must be
located entirely within private land and not within the public road reserve.
Page 21 of 55
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ORDINARY MEETING AGENDA 18 AUGUST 2022
29. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
30. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Retention of Existing Vegetation
31. A Tree Management Plan in accordance with AS4970-2009 detailing vegetation in the
covenant to the north of the site (Cov. I SP182845). The TMP will demonstrate the Tree
Protection Zones and Structural Root Zones of vegetation in the covenant are protected,
to ensure the health and longevity of vegetation in the covenant. If impacts are proposed,
offset planting may be required for any impacted vegetation.
32. The report must be resubmitted to Council incorporating the above amendments prior to
the issue of any Development Permit for Operational Works.
33. Prior to the prestart meeting, a bank guarantee or a bond of $30,000 must be lodged as
security for the protection of the tree/s identified for retention in the conditions of this
approval. The bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention
is damaged to the point where the tree cannot be saved (as confirmed by the
project arborist and agreed in writing by Council)
b. will be returned upon practical completion of all the operational works relating to
this development.
34. The tree/s identified for retention in the conditions of this approval must be maintained in
good health for the life of the tree.
Environment
35. Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
must not be released from the site or to waters within the site, or be likely to be released
should rainfall occur, unless all reasonable and practicable measures are taken to
prevent or minimise the release and concentration of contamination.
36. Erosion and sediment control measures must be installed and maintained to minimise
erosion on the site and to minimise the export of sediment and associated pollutants
from the site. The erosion and sediment control measures must be designed, installed
and maintained in accordance with current best practice standards
(*Refer to Advisory Notes).
37. Limit soil exposure on the site to a distance of no more than 2m beyond the extent of
earthworks shown on the approved plans except where the exposed soil is effectively
stabilised without delay and prior to rainfall occurring.
ENGINEERING/TRAFFIC
External Works
38. Hoffman Drive and the internal service road must be upgraded for the length of its
frontage to the subject site. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. Rectification of any damage to existing kerb and channelling; and
b. Construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice.
Page 22 of 55
Section 23
ORDINARY MEETING AGENDA 18 AUGUST 2022
Site Access and Driveways
39. A sealed access driveway must be provided from the internal service road to all parking
and manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council’s standard drawing RS-051 and
respective addendum; and
b. suitable safety measures, including warning signage, to improve driver awareness
of pedestrians and enhance pedestrian safety. Warning signage must be provided
near the exit ramp from the underground parking area to warn motorists of
pedestrian movement along the frontage street.
Car Parking
40. Provision of amended plans incorporating the tandem carparking arrangement, together
with the SRV and ambulance bay shown on plans SK01, SK02 and SK03 prepared by
SLR and dated 13/07/22, (with the wheel stop deleted from the ambulance bay and the
ground level carparking plan modified for compatibility with the provision of that modified
service vehicle arrangement).
41. The parking layout is to be in accordance with the requirements of AS/NZS 2890.1-2004
42. Provision of vandal resistant public lighting with intensities to satisfy the requirements of
Australian Standard AS1158: Public Lighting Code;
43. Provision of 109 parking spaces on the site, plus the SRV loading bay and ambulance
bay.
44. Implementation of signs and line marking as shown on Figure 3 of the SLR advice dated
20 May 2022.
45. Each tandem parking space arrangement (i.e. 2 spaces) is to be allocated to a single
tenant.
46. Signage is to be installed and maintained at all times identifying the allocation of the
tandem spaces. The use of the tandem spaces is to be by staff only.
47. A management plan is to be prepared documenting in detail options for how use and
operation of the tandem parking spaces is to be managed by individual tenants to ensure
that both spaces of each tandem space are effectively utilised.
48. That management plan is prepared to the satisfaction of Council, and prior to the
commencement of use on the site is to be incorporated into the requirements and
procedures of the body corporate.
49. 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.
50. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Security Access to Carpark
51. Where access to the carpark is proposed to be restricted by a security gate, provision
must be made for queuing of vehicles clear of the roadway while waiting for the security
gate to open.
52. Where a secure carpark services a commercial use on the site, the security gate must
remain open at all times while commercial uses on the site are open for business. The
requirements of this condition must be included in the Community Management
Statement for anybody corporate for the subject site.
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Section 24
ORDINARY MEETING AGENDA 18 AUGUST 2022
Service Vehicles
53. Service vehicle parking, manoeuvring and standing spaces must be provided on the site.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 1 ambulance space; and
b. 1 SRV space.
Pedestrian and Bicycle Facilities
54. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Hoffman Drive and the internal service road;
b. signage and lighting at strategic locations to direct people to building entries and
public toilet facilities;
c. a total of 16 bicycle parking spaces; and
d. end of trip facilities involving 8 lockers, 2 male and female showers and change
rooms within the development.
Water Quality
55. A stormwater quality treatment system must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and the latest
version of the Water Sensitive Urban Design Technical Design Guidelines for South East
Queensland, and must include in particular:
a. stormwater quality treatment devices of a size and location generally in accordance
with those shown in Stormwater Management Plan, prepared by MPN Consulting,
dated 27th June 2022;
b. bioretention devices which:
i. demonstrate that Bio basin 1 is able to gravity drain to the existing
stormwater infrastructure on site. The outlet pipe grade must be a minimum
of 0.5% to ensure the bio basin is free draining.
ii. are designed generally in accordance with the Bioretention Technical Design
Guidelines (Water by Design, 2012)
iii. are designed, where applicable, generally in accordance with IPWEQA
Standard Drawing No. DS-073, DS-075, DS-076, and DS-078
iv. are provided with a free-draining outlet from the sub-soil drainage system
56. A maintenance manual is required to be prepared for the stormwater quality treatment
devices, rainwater tanks and basement pump out system for the development. This
manual is to be submitted to Council at Operational Works stage for review.
57. Permanent educational signage must be erected to educate the residents of the
development about the function of the bioretention device(s). The dimensions, standard,
presentation and location of the educational signage must be in accordance with an
Operational Works approval.
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Section 25
ORDINARY MEETING AGENDA 18 AUGUST 2022
58. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
approved Operational Works drawings for the stormwater quality treatment system and
detailed life cycle costing of the system must be attached as an addendum to this
document. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
59. Any proposed Community Management Statement required for the development must
include Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1)
and must include the full cost of maintaining the system in accordance with Water by
Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The cost of
maintaining the system must be included in the proposed levies for each unit owner.
Stormwater Drainage
60. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and the Queensland Urban Drainage Manual, and must include in
particular:
a. the detention system generally as described in Stormwater Management Plan,
prepared by MPN Consulting, dated 27th June 2022;
b. the use of gravity stormwater drainage and not surcharge pits to the maximum
extent practicable. Surcharge pits may only be used where the catchment is
composed of roof surfaces only;
c. provision of rainwater tanks for the capture and reuse of roof water for the irrigation
of communal landscaping; and
d. accommodation for both severe storms or severe blockage of the underground
drainage network. A Severe Storm/Severe Blockage Assessment for the drainage
system proposed for the site is to be provided with the development application for
operational works, and is to demonstrate that finished floor levels will not be
inundated under either a severe blockage of the underground drainage network in
the 1%AEP event at year 2100, or for a severe storm exceeding the 1%AEP based
on design blockage.
Acid Sulfate Soils
61. An Acid Sulfate Soil Management Plan must be prepared and submitted with the
Operational Works application for the site. The acid sulfate management plan must
include testing, monitoring and treatment requirements for the works.
Services
62. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
63. Certification must be submitted to Council from all relevant service providers (Energex,
NBN and Unitywater which certifies that the development has met the requirements of
this Decision Notice and all applicable legislation at the time of construction.
Easements
64. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
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Section 26
ORDINARY MEETING AGENDA 18 AUGUST 2022
65. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard easement
terms. Draft easement documentation must be submitted to Council for endorsement.
66. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
67 All excavation, fill, soil retaining structures and associated batters must be undertaken in
accordance with an Operational Works approval, and contained entirely within the
subject site unless written permission from the respective landowner(s) is provided to
Council.
68. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All retaining
walls that are publicly accessible and exceed 1.0m in height must be fitted with a
commercial grade safety fence.
Damage to Services and Assets
69. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
WASTE DISPOSAL
70. Prior to the issue of any Operational Works approvals the Operational Waste
Management Plan must be amended to reflect that all waste collection will be undertaken
by Council’s contractor via rear lift trucks with the trucks collecting 1100 litre bins.
71. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet must be designed to prevent storm water entry to the sewerage
system.
72. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
73. Storage, disposal and management of solid, liquid and vegetative waste is conducted in
a safe and ecologically sustainable manner without environmental nuisance. In this
regard, vegetated waste must be disposed of via a green waste bin or at a local transfer
station.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Staff provide a condition advising an appropriate ratio of motor scooter/cycle parking and
identify any potential loss of carparking spaces.
Page 26 of 55
Section 27
ORDINARY MEETING AGENDA 18 AUGUST 2022
2 BUDGET REVIEW 1 (BR1) FOR THE 2022/23 FINANCIAL YEAR
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 15 August 2022 and approve the proposed changes to the budget
and schedule of fees and charges for the 2022/23 financial year as outlined in this report and
the Revised Budget Financial Statements attached to the report.
3 FINANCIAL PERFORMANCE REPORT – JULY 2022
That Council note the report by the Manager Financial Services (Acting) to the General
Committee Meeting dated 15 August 2022 outlining July 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
4 OPERATIONAL PLAN PROGRESS REPORT – FOURTH QUARTER 2021-22
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 15 August 2022 regarding the 2021-22 Operational Plan and:
A. Note the progress report for the 2021-22 Operational Plan to 30 June 2022 provided as
Attachment 1; and
B. Request that the matters raised at General Committee be reviewed for further discussion
at the Ordinary Meeting.
BC. Note the status of Council’s Key Performance Indicators provided as Attachment 2.
5 YEAR IN REVIEW – 2021-22
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 15 August 2022 providing a review of Council’s progress in the 2021/22 financial year
towards achieving the five key focus areas set out in Council’s Corporate Plan and thank
Council staff for their efforts in the last twelve months to progress so many significant projects
and providing outstanding service to our community.
Committee Recommendation
That the report of the General Committee dated 15 August 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 27 of 55
Section 28
ORDINARY MEETING AGENDA 18 AUGUST 2022
9. ORDINARY MEETING REPORTS
4 MCU22/0067 - FURTHER REPORT FOR AN APPLICATION FOR MATERIAL CHANGE OF
USE FOR SHORT TERM ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
Author Graduate Development Planner, Jada Lyons
Environment & Sustainable Development Department
Index ECM/ Application/ MCU22/0067
Attachments Nil
EXECUTIVE SUMMARY
A report for this application was presented to Council at the Planning and Environment Committee
on 9 August 2022 that recommended the application be approved subject to conditions. The report
was referred to General Committee on 15 August 2022 for further consideration.
The application seeks approval for a Material Change of Use for Short Term Accommodation in an
existing dwelling house situated at 401 Sunrise Road, Tinbeerwah. The Short Term Accommodation
use will be for a maximum of 4 bedrooms and 8 guests at a time.
After further discussion at the General Committee meeting, Council requested a further report that
provides advice on potential grounds for refusal to be presented at the Ordinary Meeting on 18
August 2022.
The application is recommended for approval as it generally complies with the provisions of the
Noosa Plan 2020, however potential reasons for refusal have been provided if Council decides to
refuse the application.
RECOMMENDATION
That Council note the report by the Graduate Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2022 and the further report to the Ordinary Meeting 18 August
2022, regarding Application No. MCU22/0067 for a Development Permit for a Material Change of
Use for Short-term accommodation situated at 401 Sunrise Rd Tinbeerwah and
A. Approve the application in accordance with 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.
Approved Plans
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
01 01 14/04/2022
Site Plan, prepared by RG Strategic
01 14/04/2022
Floor Plan, prepared by RG Strategic
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Currency Period
3. This development approval lapses if the use has not happened by 19 August 2028, 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 four (4).
5. The total number of guests accommodated at any one time must not exceed eight (8).
6. All outdoor areas, including balconies, decks, pool and the like, must not be used after 9pm
each night.
7. The premises must not be used as a party house, with no events, functions or parties (e.g.
bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site.
8. The use must be operated in accordance with the Local Law requirements for Short term letting
at all times.
Amenity
9. 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.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be maintained and
kept available for users of the short term accommodation.
11. 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.
12. The driveway, including the crossover from Sunrise Road, must be sealed to the reasonable
satisfaction of the Manager Development Assessment.
Waste Management
13. Waste storage and disposal facilities must be provided in accordance with Planning Scheme
Policy 9, Waste Management, including an external imperviouslypaved area correctly sized for
all refuse and recycling containers and suitably screened from public places and neighbouring
properties.
14 Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic
condition.
b. Be placed on the kerb side frontage of the premises, for the collection ofgeneral waste
from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before orafter the
scheduled collection day for the collection of waste in the container.
Water Supply
15. The development must be provided with a potable water supply connected to each cabin.
The storage capacity of the potable water supply must be a minimum of 5000 litres per
guest. The storage capacity of the potable water supply must be a minimum of 4000 litres
per guest bedroom/unit/cabin.
Waste Water Treatment and Disposal
16. The development must be provided with an on-site waste water treatment and effluent
disposal system having a capacity sufficient for the use.
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Bushfire Management
17. The site must be provided with a water storage reservoir having a minimum 5000 litres of
water for emergency firefighting purposes. Such storage must be provided in addition to
the water supply capacity required for the use and must be provided in the form of either
an accessible dam, swimming pool, or rainwater tank. If by rainwater tank, water storage
for firefighting purposes must be provided either in a separate rainwater tank or a reserve
section in the main water supply tank on which:
a. the domestic take off from the tank is at or above the 5,000 litre point; and
b. standard rural fire brigade fittings are fitted to the tank outlet for access by four wheel
drive rural services vehicles.
c. The site must be provided with an auxiliary power supply such as a petrol driven fire
fighter pump (or generator), together with a hose/s of sufficient length to easily reach
around to all sides of the/all building/s.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 9 August 2022 and was subsequently referred to the General Committee Meeting on 15 August
2022. During discussions at the General Committee Meeting, some Councillors expressed opinion
that short term accommodation is currently impacting on housing supply for permanent residents in
the shire and the proposal further exacerbates this housing shortage.
In the circumstances, the General Committee requested a further report to be presented at the
Ordinary Meeting dated 18 August 2022 including reasons for refusal following discussion at the
General Meeting. The issues raised at the General Meeting are summarised as follows:
• Impact of the proposed use on the supply permanent housing;
• Impact on residential amenity;
• Insufficient lot size;
• Distance between the subject site and surrounding properties; and
• Suitability of the existing driveway
In response to discussions at the General Committee meeting, an analysis of the relevant planning
scheme provisions is detailed in the table below:
Visitor Accommodation Code
9.3.5.2 Purpose and Overall Outcomes
Overall Outcome Complies Comment
(2)(b) Visitor accommodation offers a wide The proposal allows for guests to stay in the
✓
range of experiences for guests both in Shire’s hinterland area and improve the local
coastal areas and in the hinterland. tourism industry.
(2)(f) Visitor accommodation located near The subject dwelling house is well screened
✓
permanent residents does not detract from and setback from adjoining properties and will
the amenity enjoyed by residents. not detract from the amenity of surrounding
permanent residents.
9.3.5.3 Criteria for Assessment
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Performance Outcome Complies Acceptable Complies Comment
Outcome
PO2 AO2.3 X The proposal does not
✓
comply with
Development is located on In the Rural zone or
Acceptable Outcome
a site with an area sufficient Rural Residential
AO2.3 as the subject
to accommodate the use zone the site used
site is 1.9 hectares in
without detracting from the for Nature-based
lieu of the required 4
character and amenity of tourism or short-
hectares. The proposal
the local area. term
is considered to
accommodation has
comply with
a minimum area of
Performance Outcome
4 hectares.
PO2 as it is well
screened by existing
vegetation and is
adequately setback
from adjoining
properties. The
proposal will not
detract from the
residential amenity of
the area. Conditions
can be included to
address potential
amenity impacts.
PO3 No acceptable The proposal is within
✓
outcome provided the existing dwelling
Development has a scale
house on the subject
and density that is
site which is compatible
compatible with the intent of
with the Rural
the zone and the preferred
Residential area.
character for the local area
in which it is located.
PO11 AO11.1 The shared driveway
✓ ✓
gains access from
Safe vehicular access is Visitor
Sunrise Road, which is
provided to and from the site Accommodation is
a sealed gravelled
without adversely impacting directly accessible
road.
on the safety of the road from a sealed road
network. or a good standard
gravelled road.
PO12 AO12.1 Two carparking spaces
✓ ✓
will be provided in the
Sufficient on-site car parking Visitor car parking
existing garage of the
is provided to accommodate spaces are:
dwelling house.
the number and type of
(a) Accessible
vehicles likely to be
at all times;
generated by the visitor
(b) Not located
accommodation having
behind
regard to the number of
locked
guests, staff or visitors.
gates; and
(c) Not located
in tandem
with a
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garage or
other
carparking
space
PO22 No acceptable The proposed short
✓
outcome provided term accommodation
Except where in the form of
use is located within the
a serviced apartment or
existing dwelling house
hotel room the short term
on the subject site
accommodation use is
which included a
provided with sufficient
kitchen, dining area,
kitchen, dining, laundry and
laundry and living
common room facilities to
rooms.
accommodate the needs of
visitors and resident staff.
PO25 No acceptable The proposed short
✓
outcome provided term accommodation
Short term accommodation
use is located within
in a single dwelling is
the existing dwelling
limited to formats
house which is
compatible with the
compatible with the
character and use of the
surrounding rural
area so as to not cause
residential area. Due to
unreasonable loss of
the distance of the
residential amenity, having
subject dwelling to the
regard to:
surrounding dwellings
(a) The privacy of the proposed use will
residents on the not diminish the
subject site or privacy and acoustic
adjoining amenity of surrounding
properties; residents, it is unlikely
(b) Any likely increase to increase noise to
in noise to adjoining adjoining properties.
properties; The proposed use will
(c) The scale of the use not impact on the
and its compatibility residential function of
with the character the area and will not
and uses within the impact on the safety
property or and efficiency of the
surrounding area; local road network. The
(d) Retention of the applicant has stated
primary residential that waste, noise and
function of an area; increased car activity
(e) The impact on the will be managed so as
safety and efficiency to not cause impacts to
of the local road surrounding residents.
network;
(f) The impact of waste
storage areas on
the visual amenity of
the area or sensitive
land uses; and
(g) Any impact on
shared vehicular
access or parking.
Rural Residential Zone Code
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6.8.4.2 Purpose and Overall Outcomes
Overall Outcome Complies Comment
(2)(a) The proposed short term accommodation use
✓
will not impact on the amenity of permanent
The Rural residential zone provides a high
residents.
level of amenity for permanent residents.
(2)(c) The proposed short term accommodation use
✓
is a small-scale activity and will not impact on
Non-residential activities are limited to
the rural residential character of the area or
small-scale activities that are compatible
the amenity of the zone.
with and do not impact on the rural
residential character and amenity of the
zone.
(2)(d) N/A The proposed use is not defined as a home-
based business.
Home-based businesses are facilitated
where the nature, scale and intensity of
the activity is compatible with the low
density rural residential character and
amenity of the surrounding locality.
(2)(e) N/A The proposed use is not home hosted
accommodation.
Small scale home hosted guest
accommodation does not impact on the
amenity or lifestyle of nearby residents.
6.8.4.3 Criteria for Assessment
Performance Outcome Complies Acceptable Complies Comment
Outcome
PO1 AO1.3 By its very nature short
✓ X
term accommodation
Development provides for Any business
uses the entire
low density, semi-rural living operated on site
dwelling and cannot be
as well as compatible work including
considered subordinate
from home opportunities, accommodation is
to a domestic
primary production and subordinate to the
residence, however the
small scale visitor use of the premise
existing dwelling house
accommodation, on large for a domestic
is considered to be
allotments with varying residence.
small scale and
levels of service.
compatible with the
rural residential area
and as such complies
with PO1.
PO3 AO3 The proposed use is
✓ ✓
not intended to be
With the exception of one Only the residents
used by guests for
dwelling house or a of a dwelling house
period greater than
community residence, any or community
three consecutive
accommodation is limited to residence resides
months.
use by short-term guests. on the property for
any period greater
than three
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ORDINARY MEETING AGENDA 18 AUGUST 2022
consecutive
months.
PO4 No acceptable The proposed short
✓
outcome provided term accommodation
Visitor Accommodation:
use is at a small scale
(a) Is at a scale and density that will not impact on
that protects the the environmental and
environmental and lifestyle values of the
lifestyle values of the land and does not
land; and impact on the rural
(b) Does not detract from residential character of
the rural residential the area.
character and amenity of
adjoining properties.
An analysis of existing Short Term Accommodation and Tourist Accommodation undertaken by
Council’s Strategic Planning department in 2020 indicated that the hinterland area of the shire had
102 dwelling houses being used for Short Term Accommodation, making up 1.3% of all residential
rated dwellings in the hinterland area. Specifically, 23 dwelling houses in the Rural Residential zone
within the hinterland area are used for Short Term Accommodation.
Figure 1 – Tourist Accommodation and Short Term Accommodation in hinterland area
Figure 2 below shows the distances between the subject dwelling house and surrounding
residences. The closest adjoining residence at 399 Sunrise Road is located 47 metres from the
subject dwelling house and 34 metres from the outdoor pool area. The shared boundary between
399 & 401 Sunrise Road is well vegetated and acts as a buffer between residential uses. Other
adjoining residences are located a minimum of 50 metres from the subject dwelling house.
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Figure 2 – Distance Between Subject Dwelling House and Adjoining Residences
Staff have considered the issues raised by Councillors but confirm the previous recommendation.
Should Council wish to refuse the application, the requested motion has been drafted for that
purpose.
REQUESTED MOTION
That Council note the report by the Graduate Development Planner to the Planning & Environment
Committee Meeting dated 9 August 2022 and the further report to the Ordinary Meeting dated 18
August 2022 regarding Application No. MCU22/0067 for a Material Change of Use for Short Term
Accommodation situated at 401 Sunrise Road, Tinbeerwah and
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode permanent housing supply and impact the resident amenity of permanent
residents.
2. The proposal is not consistent with 6.8.4.2 Purposes and Overall Outcomes (2)(a) and
Performance Outcome PO4 of the Rural Residential Zone Code as:
a. The proposal is likely to impact on the amenity of surrounding residents; and
b. The proposal will detract from the rural residential character and amenity of
adjoining properties.
3. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (2)(f) and
Performance Outcome PO2 of the Visitor Accommodation Code as visitor
accommodation in the area is likely to detract from the permanent residential amenity of
the local area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Not applicable
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Internal Consultation
Not applicable
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
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5 DESTINATION MANAGEMENT PLAN PROJECT CONTROL GROUP (DMPPCG)
APPOINTMENT OF COMMUNITY AND/OR INDUSTRY REPRESENTATIVES
Author Acting Manager, Economic Development, Lynne Banford
Environment and Sustainable Development
Index ECM/ Destination Management Plan/ 22071183
Attachments 1 EOI Application Form
2 EOI Evaluation Process
3 Summary of
Applicants - in accordance with Section 254J (3) of the
Local Government Regulation 2012 – i) a matter the local government is
required to keep confidential under a law of, or formal arrangement with, the
Commonwealth or a State.
EXECUTIVE SUMMARY
At Noosa Council’s Ordinary Meeting of Thursday 21 July 2022, Council endorsed the formation of
a Destination Management Plan Project Control Group.
As an outcome of this report, Council approved an EOI process commencing 25 July – 8 August
2022 to appoint up to 3 additional community members with relevant community and industry
experience as well as qualifications.
Council also recommended that a report on the appointment of the community members be provided
to the next General Committee meeting on Monday 15 August.
Accordingly, this report recommends 3 additional community and/or industry members for
appointment to the DMPPCG and documents the compliant procurement process undertaken by
council officers to identify the three additional members.
In addition to the appointment of 3 community members to the PCG, given the very high calibre of
applications it is recommended Council from a Community Panel intended to be engaged at key
milestones in the DMP process and that the remaining 26 applicants be invited to join this panel.
RECOMMENDATION
That Council note the report by the Acting Manager, Economic Development to the Ordinary Meeting
dated 18 August 2022 regarding the Destination Management Plan Project Control Group
(DMPPCG) and
A. Appoint the following three nominees as the community and/or industry members on the
Destination Management Plan Project Control Group (DMPPCG):
• <Nominee 1 - Insert Name>
• <Nominee 2 - Insert Name>
• <Nominee 3 - Insert Name>
B. Invite the remaining twenty-six nominees to join an external Community Panel (advisory group)
to be involved in the Destination Management Plan process;
C. Note the formation of an external community advisory group which was scheduled for Phase
3 of the DMP process has been brought forward.
D. Note the external Community Panel is an important group for this process and will be engaged
as a sounding board to provide feedback and insights at important milestones in the DMP
process; and
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ORDINARY MEETING AGENDA 18 AUGUST 2022
E. Thank all those who took the time to make application and acknowledge the high quality of
applications and extensive experience of applicants from our community.
REPORT
1. Background
At Noosa Council’s Ordinary Meeting of Thursday 21 July 2022, Council noted a report on the
formation of a Destination Management Plan Project Control Group presented by the Manager,
Economic Development to the July General Committee Meeting (dated Monday 18 July 2022).
In response to this report, Council resolved to:
a. Establish Governance around the project that embeds a “Whole of Council”, “Whole of
Community” approach to the development of the plan;
b. Approve the formation of a Destination Management Plan (DMP) Internal and External Project
Control Group (PCG) that internally meet on a monthly basis and jointly on a bi-monthly basis;
c. Approve an EOI process commencing 25 July – 8 August to appoint up to 3 additional
community members with relevant community and industry experience as well as qualifications
and request a report recommending the appointment of up to 3 community members be
provided to the next General Committee meeting on 15 August;
d. Request the joint internal and external PCG at its first meeting develop a participative approach
to the guidance of the plan process
e. Approve the Terms of Reference for the DMP PCG provided at Attachment 1 except as
amended above; and
f. Appoint Cr Stewart – Mayor as the Chair, and Councillors Lorentson and Stockwell as
representatives on the DMP PCG and that Councillor membership on the PCG be reviewed
on a 6 monthly basis
This report advances the above recommendations.
2. Expression of Interest Process
Invitation to Express Interest
• An Expression of Interest Application Form was uploaded to the Economic Development
Site (please see Appendix 1) following approval from Council’s Governance Manager and input
from the Director, Environment and Sustainable Development and CEO.
• Nominations were invited through print media (Noosa Today), the Mayoral Video and through
Council’s social media channels from Monday 25th July 2022 to midnight on Friday 5 August
2022.
• In addition, key economic development stakeholders, and business eco-systems (including
Tourism Noosa, Chambers of Commerce, and various Business Associations) were invited to
share to the EOI link with their respective databases and networks.
• Emails were also sent to Community and NRM groups.
• By close of the EOI application process, Council had received 704 visits to the site and 136
responses culminating in:
o 29 completed responses (eligible for consideration)
o 107 partial responses (ineligible for consideration)
• All eligible nominations were acknowledged by Council.
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Advice to Unsuccessful Nominees for the PCG
• As part of the EOI process, unsuccessful nominees for the PCG will be notified in writing within
7 working days of the close of the EOI application deadline (or Tuesday 16 August 2022). This
provides Councillors with an opportunity to consider officers recommendations. Nominees
may request specific feedback from Council on their nomination.
• Due to the very high calibre of the nominees, it is proposed that Council brings forward the
establishment of an external Community Panel, originally proposed in Stage 3 of the process,
and that the 23 nominees are invited to join this forum.
• This Community Panel will be convened at key points in the process and will also add
significant value to the process as independent, critical friends that will provide feedback and
insights, prior to the engagement of the wider local and business community.
Evaluation Panel
• The Probity Plan for the EOI selection process was overseen by Noosa Council’s Governance
Manager and Procurement and Contracts Advisor. Three of council’s most senior officers,
including the CEO sat on the Selection Panel which was moderated by Council’s Procurement
and Contract Advisor.
• The following Council staff engaged in the process signed the Probity Plan:
o Chairman (moderated session) Procurement and Contract Advisor
o Panellist 1 Chief Executive Officer
o Panellist 2 Director Corporate Services
o Panellist 3 Director, Environment and Sustainable Development
• Supporting the Selection Panel were:
o Administrator Manager, Economic Development
o Minutes of Moderated Meeting Project Officer, Economic Development
Evaluation Process
• The EOI process and evaluation aligned to Council Procurement Guidelines for Expressions
of Interest.
• Phase 1 of the Process | Independent Evaluation
o Panellists independently assessed each of the 29 eligible nominations
o Each nomination was evaluated and scored individually by all evaluation panel members
against the attached criteria, approved by Governance Manager and Director ESD,
(please see Appendix 2).
• Phase 2 of the Process | Moderated Evaluation
o Panellists came together on two occasions to discuss and moderate all nominations,
observed by the Governance Manager.
o A consensus was reached through moderated discussion of top candidate considering
best fit and overall value to the Project Control Group.
The moderated sessions also considered:
• Complementarity of existing skill sets, backgrounds, and qualifications (relative to existing
PCG members and to other top scoring nominees)
Regional and/or geographic representation
- Indigenous and inclusive representation
- Representation of self, versus representation of many
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- Specialist or unique skill sets of advantage
• The current composition of the Destination Management Plan Project Control group is:
o Clare Stewart (Chair) Mayor, Noosa Council
o Amelia Lorentson Councillor, Noosa Council
o Brian Stockwell Councillor, Noosa Council
o Scott Waters CEO, Noosa Council
o Kim Rawlings Director – ESD, Noosa Council
o Max Webberley Chairman, Tourism Noosa
o Stewart Moore CEO and Founder, Earthcheck
The Panel considered the mix of skills, experience and knowledge and recommends the appointment
of the three external community individuals based on skills, experience, understanding of the DMP
process. It was considered these 3 individuals would add great value and complement the existing
members of the PCG.
Establishment of an External Stakeholder Advisory Group
• Given the high calibre of nominations, it is recommended that the establishment of the DMP
Community Panel, an action point in Stage 3 of the process, is brought forward to be made up
of the remaining twenty-six nominees who could form the core component (but not entire)
group.
• The role of this group will be to act as critical “external friends” to Council (the external
equivalent of the internal Advisory Group) providing independent feedback and participating in
important milestones in the program as a prelude to the engagement of the wider local and
business community.
• Noting there will be wider community engagement and a range of engagement and stakeholder
opportunities for the broader community and other interest groups and stakeholders.
Previous Council Consideration
The Destination Management Plan process was considered by Councillors at the following
workshops and meetings:
• Councillor Workshop Briefing Thursday 24 March 2022
• General Meeting Monday 18 July 2022
• Ordinary Meeting Thursday 21 July 2022
Finance
The Destination Management Plan process is consistent with the annual operational budget
allocated to the Economic Development branch of Council to manage the process:
FY 21/22 - $100,000 + GST
FY 22/23 - $50,000 + GST
Risks & Opportunities
Probity
An independent third-party assessment of Council’s evaluation process, minutes of the moderated
meeting and final selection of candidates was deemed necessary by both the Moderator
(Procurement) and Council’s Governance Manager.
Local Buys Senior Probity Specialist was selected by Council’s Governance Manager to undertake
the independent assessment which was found the following;
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The probity advisor assessment of the EOI for the DMP PCG process based on the work outlined in
the prepared Probity Report against accepted good practice expectations by Noosa Council has
identified no unresolved exceptions. The documentation and records can defend all processes,
decisions, and outcomes.
In my opinion, the EOI for the DMP PCG has been characterised by objectivity, independence, and
fairness. The process:
• was transparent and appeared to be aligned to relevant legislation, organisational codes,
policies, and procedures.
• was professionally administered and documented.
• was consistently and fairly executed with respect to all applicants.
• utilised appropriate expertise in the evaluation process – the Evaluation team was made up of
senior council representatives with relevant knowledge and was overseen by the Procurement
Manager as Chair and Moderator and the Governance Manager providing probity oversight.
• appropriately addressed the evaluation criteria as set out in the Evaluation Score Card and
Criteria and EOI documents.
In summary, Local Buy’s view is that from a probity perspective, the EOI for DMP PCG Panel’s
recommendations are sound, and the recommended applicants are a true and fair representation of
the consensus reached by the EOI Evaluation Panel.
Consultation
External Consultation - Community & Stakeholder
• Stakeholder Groups including business and industry associations
• Community Groups
• Wider local and business community
• Independent Compliance Assessor
Internal Consultation
• Governance
• Procurement
• Office of Chief Executive
• Executive Directors
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Support Director x Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws x Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
x Governance x Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning, Design
and Delivery
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ATTACHMENT 1
ete) NOOSA
@ | COUNCIL
Expression of Interest
Noosa Shire Destination Management Plan - Project Control Group
Destination Management
Noosa is well known as being a great place to live and visit. The process of developing a
Destination Management Plan is to ensure Noosa continues to be a great place for our
residents and visitors.
The Destination Management approach examines all aspects of the economy, exploring ways to enrich the
lives of its people and their place through a well-managed and sustainable destination.
This approach puts people and their place at the forefront.
Purpose
The purpose of this Expression of Interest is to appoint three stakeholders with community and/or industry
experience to join a Project Control Group to provide strategic guidance and oversight to Council in the
development of a sustainable Destination Management Plan for the Noosa Shire.
There will be a range of other approaches for engaging the wider community throughout the process.
Participation on the Project Control Group will initially be for 12 months.
Terms & Conditions of EOl
Section 1: Nomination
Nominee Details
Name:
Address:
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Phone number:
Email address:
Representative Organisation
Do you represent a community organisation in this application and will you
present the view of this organisation while participating in the DMPPCG?
Yes, please answer all No, please answer Q1 -
questions in Section 2 Q3 in Section 2
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Section 2: Selection Criteria
Your responses to these questions, along with other nominee information and the overall composition of the
DMPPCG, will be taken into consideration when selecting the three community and/or industry
representatives.
This process is necessary to ensure that the DMPPCG has balanced representation from across the Noosa
Shire, and brings together people with complementary experiences, skills and knowledge, and a genuine
interest in developing a well-managed and sustainable destination for future generations to come.
*1. Describe your relationship with the Noosa community, including
connections with Noosa, your knowledge and understanding of the
people and the place, and the different communities that make up
the shire. Piease briefly describe the community in which you live (length of time in this community
and in Noosa) local networks or community connections, local achievements or awards, community
interests and/or insights and how these could add value to a destination management process.
* 2. Why do you want to be involved in this process, where can you
add value, and what do you think a Destination Management Plan
should achieve? Please describe the considerations, goals and outcomes that has led you to
submitting this EOI, and where you believe you could add most value to a destination management
process. Briefly describe any outcomes you think the Destination Management Plan should achieve.
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* 3. Briefly describe your formal experience in guiding, managing,
and delivering projects or programs at a shire or regional level or
on an equivalent scale. Please include any relevant formal qualifications, skills or knowledge,
experience or outcomes, previous or current roles or projects, business interests, and/or achievements and
how these could add value to a destination management process.
4. If you are representing a Noosa Community Group, please
describe your connection to this group and how you will bring
forward the views of the group, broker discussion and provide
input on behalf of this stakeholder group. Please describe the current community
group that you will represent, your role in this group and length of tenure. Describe the strategies this
group has and outcomes it would like to achieve and why you believe that this representative group will
add value to a destination management process. Briefly outline how you will ensure a two-way
conversation between your group and this process.
4b. Please provide the name and Contact Details of the President/
Chair of the group you are representing.
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Section 3: Privacy Collection & Consent Notice
As part of our ongoing commitment to protecting your personal information and right to privacy, we are
seeking your consent to use the personal information you have provided in this nomination. Noosa Council
will use the information contained in this notice to:
¢ Process your Expression of Interest nomination;
¢ Identify DMPPCG membership; and
¢ Provide you with the outcome of the Expression of Interest process.
Noosa Council will only use the personal information necessary for the purposes listed above. If you do not
want your personal information to be used for these purposes, please notify Noosa Council at the time of
submitting your nomination.
WHAT HAPPENS IF | DON'T PROVIDE MY CONSENT TO NOOSA COUNCIL?
It is your right to refuse to give Noosa Council your consent to use your personal information for these
purposes. However, please be aware that this may impact the assessment of your Expression of Interest
nomination.
* “
Declaration
¢ | declare that the information supplied in this nomination is true & correct
¢ | declare that | do not have any current matters with Noosa Council that create a conflict of
interest, or a perceived conflict of interest, in being a member of the Noosa Shire Destination
Management Plan Project Control Group
¢ | hereby give consent to Noosa Council to use my name and that of my community
stakeholder representative group and/or organisation information to process my nomination
and, identify that |am a member of the DMPPCG
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Attachment 2
Expression of Interest Summary
Governance
The Destination Management Project Control Group (DMPPCG) Expression of Interest Evaluation
Process is delivered in accordance with Noosa Council’s Expression of Interest Probity Plan.
Assessment is undertaken by Noosa Council’s Procurement Business Unit with oversight from Noosa
Council’s Governance Manager.
The process is administered by the Manager (Acting) of Noosa Council’s Economic Development.
Rules of Engagement
e Expressions of interest invited from members of the Noosa community and/or industry.
e Application process open from Monday 25 July 2022 and closes at midnight on Friday 5 August
2022.
e Expressions of interest should be completed online using the following link
e Evaluation of completed EOI’s will be undertaken by an independent panel of three of council’s
most senior executive officers, including the Chief Executive Officer.
e Three representatives from the community/industry will be invited to join the DMP PCG.
e Applicants deemed unsuccessful will be notified within 7 working days of the close of the EOI
process.
e Uncompleted applications will not be evaluated, and council reserves the right to decline any
completed applications that have provided insufficient or poor information or are otherwise
considered unsuitable to be on the DMP PCG.
Evaluation Process
e In accordance with Council’s standard EO! process and Probity Plan, evaluation of EOI’s will be
undertaken in two phases
e Phase 1 of the Evaluation Process
- Each EO! will be evaluated against following general criteria which correspond to the
questions in the online Expression of Interest
(a)
< Relationship to C Skills , bom Vitelaieiiteli mies
o Noosa, knowledge o qualifications, AS yet alert g
4 and understanding bBo Nurses rma lay elena]
@ of the people and @ knowledge and @ goals, and
a place and how this So dN ela S aspirations and
could add value to experiences and ability to describe
the DMP process. how these could outcomes of what a
add value to the Destination
DMP process. > Management Plan
: { should achieve.
) )%
Conflict of Interest — Actual, perceived or potential
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- Each panellist reviews all suitably completed EOI’s against an internal matrix linked
to the criteria outlined in the diagram above.
- Evaluations are undertaken by each panel member independent of the other two
panel members.
- Panel members must declare any Conflicts of Interest immediately, to the Panel
Chair for appropriate management when reviewing the applications.
- Panellists have no discussion with each other during the independent phase of the
evaluation process.
e Phase 2 of the Evaluation Process
- Moderated and chaired by a senior procurement officer. Overseen by Noosa
Council’s Governance Manager.
- Panellists come together under direction of the moderator, to compare the skill sets
and qualifications of leading candidates.
- Panellists also contrast leading candidates with the skill sets and qualifications of
existing PCG members using the following overlays to discuss:
= Complementarity of existing skill sets, backgrounds, and qualifications
= Regional/Geographic representation
= Indigenous and inclusive representation
= Representation of self, versus representation of many
= Specialist or unique skill sets of advantage
- Panellists reach consensus on top three nominees to be invited to join PCG
- Unsuccessful applicants notified of outcome within 7 working days of the close of
the EO! process and provided with feedback, if requested.
Further questions should be directed to:
The Administrator
lynne. [email protected]
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Noosa Council
oe ea melm kei Ceri iele
Destination Management Plan
Project Control Group
Nominee: Oe
Representing: ee
EOI Criteria Score Notes
PHASE 1: Independent Evaluation
1. | Nominee describes their relationship to
the Noosa community (length of time
here, communities lived in, communities
represented) and how this adds value to
the DMP process. O_ Strongly (20)
O Moderately (10)
Or, where representing an organisation O Poorly (5)
Nominee describes the organisation they
represent, defines the capacity in which
they represent the organisation (and why)
and, why the organisation wishes to be
involved ina DMP process.
2. | Nominee identifies their community
networks, awards, achievements, and
experiences and describes how these add
value to the DMP process.
Ol Strongly (20)
Or, where representing an organisation O Moderately (10)
O Poorly (5)
Nominee demonstrates the organisations
networks, awards, achievements, and
experiences and describe how these add
value to the DMP process
3. | Nominee outlines the reason(s) why they
wish to be involved in a DMP process, 0 Strongly (20)
describes their goals and outcomes for the | Moderately (10)
project and identifies how these O Poorly (5)
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goals/outcomes might add value to the
process.
Or, where representing an organisation
Nominee describes the representative
organisation’s goals and outcomes for the
project, how these align with the DMP
process, and where it (the organisation)
believes it will add most value to the
process.
Nominee identifies outcomes that they, or | 0 Strongly (20)
their organisation, believe a Destination O Moderately (10)
Management Plan should achieve and O Poorly (5)
why?
5. | Nominee and/or organisation has conflict
of interest or perceived conflict of interest |O Yes (0)
in becoming a member of the Destination O No(20)
Management Project Control Group.
PHASE 2: Moderated Panel Discussion
Complementarity of and existing skill
sets - for example, Max Webberley
representing Noosa Tourism Industry so is
the tourism industry covered?
Stewart Moore representing tourism and
sustainability.
Do we have enough of one skillset or does
this present an opportunity for new,
different, or complementary skill sets?
Regional representation — do we have
equal representation from the north,
central and south of the shire? Do we
need to?
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Is there an opportunity to opt for an
outsider looking from the outside and into
the shire?
Will this prove useful to stop navel gazing
and provide a different perspective or
lens?
Would this perspective be valuable?
Indigenous and Inclusive
representation — are the views and
perspectives of these groups well
represented within the PCG group?
Should these criterion trump other skillsets
and qualifications?
Representation of self versus
representation of many — how balanced
and representative is the PCG?
How do we strike a good balance between
individual versus collective voice while
ensuring that the community feels heard?
Is it more important to have
representatives that speak on behalf of the
wider community versus an individual
interest but small network?
Non-traditional criteria — a skill or
benefit that was not specifically asked for
but is an interesting perspective and may
add significant value to a PCG.
Investors, developers, individuals with
significant networks that could be
leveraged (e.g. —- someone who can
connect us with international Chef's de
Missions, Tour de France route planners
etc, etc)
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Score Card
Prompts to assist in scoring each answer.
Str on g The respondent has gone the extra mile to answer the question
demonstrating;
Attracts 20 points |e Significant knowledge and expertise in the subject matter.
e Awell-articulated response — very clear, concise, and well-reasoned.
e Many current or recent examples align closely to the DMP Process
and demonstrates undoubted value to the process.
e Formal qualifications in a relevant discipline, employment history or
other experiences and/or expertise that is aligned and demonstrates
genuine value to the process.
e No particular alignment with, knowledge of, nor expertise in, the
subject matter but recognises this, and presents very compelling
argument as to why this incongruity adds significant value.
e Apassion for “a well-managed and sustainable destination for future
generations” is palpable within the answer.
e Answer has been well thought through and provides all relevant
information required.
e Use of positive, inclusive, and collaborative language and argument.
The respondent has delivered a satisfactory answer to the question
M oderate demonstrating;
Attracts 10 points | some knowledge and expertise in the DMP Process.
e Anarticulate response, clear and concise, but further reasoning may
have helped with determining value.
e Some current or recent examples that are somewhat aligned to the
DMP process and may demonstrate value.
e Some formal qualifications, employment history or other
experiences and/or expertise that may demonstrate some value to
the process.
e No particular alignment with, knowledge of, nor expertise in, DMP
but recognises this, and presents some argument as to why this
incongruity might add value to the process.
e A “well-managed and sustainable destination for future generations”
is mentioned within the answer.
e Answer has been thought through
e More alignment of answers to process would have helped.
e Use of positive, inclusive, and collaborative language.
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The respondent has not taken the full opportunity to represent
Poor themselves as well as others in this process. The application
demonstrates:
. e Little or no knowledge and expertise in the subject matter.
Attracts 5 points e Lengthy answers, and lack of clarity as to where value might be
found.
e Nocurrent, recent or older examples that demonstrate alignment to
the subject matter.
e Specialist knowledge is in non-related subject matter but unable to
articulate where this expertise or background adds value to the
process.
e Little or no formal qualifications, employment history or relevant
experiences that demonstrate where value to the process might be
found.
e Offers no compelling argument or sound rationale as to where this
EOI adds value to the process.
e The respondent appears to be pushing an agenda that could be
detrimental to this process.
e A “well-managed and sustainable destination for future generations”
is not (or rarely) mentioned.
e Language used is more negative, exclusive, entitled and/or
combative in tone.
Evaluation Process
1. You will be supplied with access to all completed Expressions of Interest, following the close of
the formal process (midnight on Friday 5 August 2022) and on receipt of a signed Probity
Form.
Phase 1 — Independent Evaluation
2. Choose 1 of three scores for each of the five questions
- 20 points denote a strong, well-articulated answer
- 10 points denote a good answer, but perhaps not as strong as others
- 5 points denote an answer that is not as well articulated as other applicants
- 20 points denotes no conflict of interest, O points if there is a conflict of interest
3. Prompts above can be used as a guide to how each question might be scored
4. Each panel member assesses all EOI’s and scores them independent of other panel members
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5. Panellists confirm their top five EOI’s with Phase 2 moderator, in preparation for moderated
discussion in Phase 2.
Phase 2 — Moderated Evaluation
6. Top applications are discussed in a moderated session and overlayed with the additional criteria
which are not scored but instead are used to facilitate discussion.
- Complementarity of existing skill sets
- Regional representation
- Indigenous and inclusive representation
- Representation of self versus representation of many
- Unique or non-traditional criteria not specifically asked for, but useful
7. Moderator convenes group, encourages discussion, and assists panellists to reach a consensus
on three applicants — those that will add significant value to the PCG.
This will be a combination of independent scoring and the additional criteria above.
Scoring and Evaluation
Excellent Score: 80 — 100 points
Very good: 60 — 79 points
Good 40 — 59 points
Poor 20 points to 39 points
Maximum Maximum ie Can lan} Minimum
Strong Moderate Low Low
100 points 60 points 40 points 20 points
80 points (4 x answers 40 points (4 x answers 20 points (4 x answers 20 points (4 x answers
at 20 points per answer) | at 10 points per answer | at 5 points per answer) | At 5 points per answer)
20 points = noconflicts | 20 points=noconflicts | 20 points=noconflicts | 0 points = conflict of
of interest of interest of interest interest
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ORDINARY MEETING AGENDA 18 AUGUST 2022
10. CLOSED SESSION
Nil.
11. PUBLIC QUESTION TIME
Nil.
12. NEXT MEETING
The next Ordinary Meeting will be held on 15 September 2022 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
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