PLANNING & ENVIRONMENT COMMITTEE REPORT – 11 JULY 2023 · Planning & Environment Committee to Council report

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ORDINARY MEETING                                                                          20 JULY 2023


           track (including crossing) for the Girraween Nature Refuge and the Residential Care
           Facility.
        7. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.3. DBW21/0216 - APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60
SEAVIEW TERRACE, SUNSHINE BEACH
That Council note the report by the Graduate Development Planner to the Planning and Environment
Committee Meeting dated 11 July 2023 regarding Application No. DBW21/0216 for a Development
Permit for Building Works – Dwelling House situated at 60 Seaview Terrace, Sunshine Beach and:
A.    Refuse the application for the following reasons:
1.       The proposal does not comply with Acceptable Outcome AO7.1 and corresponding
Performance Outcome PO7 of the Low Density Residential Zone Code as it:
  i.       Is proposed to exceed 8 metres in building height from finished ground level
  ii.      Will visually dominate the surrounding area; and
 iii.      Has the potential to obstruct views and cause overshadowing of dwellings within proximity
           of the site.
2.      The proposal does not comply with Acceptable Outcome AO8.1 and corresponding
Performance Outcome PO8 of the Low Density Residential Zone Code as it:
  i.       Exceeds site cover requirements of 50% for one storey and 30% for the other storey or
           40% for both storeys;
  ii.      Is not of a scale that is compatible with surrounding development;
 iii.      Has not included the opportunity for soft landscaping between buildings; and
 iv.       Presents an appearance of bulk to adjacent properties.
3.        The proposal does not comply with Acceptable Outcome AO9.3 and corresponding
Performance Outcome PO9 of the Low Density Residential Zone Code as:
i.    The northern side boundary setback does not comply with minimum side setback requirements;
ii.    The built to boundary garage and bin structures do not comply with minimum side setback
requirements;
iii.  Will impact on the visual and acoustic amenity of adjoining premises;
iv.    Has the capacity to cause issues of overlooking of private open space of adjoining premises;
and
v.    Does not provide adequate distance from adjoining land uses.
4.       The proposal does not comply with Acceptable Outcome AO16.3 and corresponding
Performance Outcome PO16 of the Low Density Residential Zone Code as the proposed rooftop
terrace will have the potential to obstruct views of dwellings within proximity of the site and create
issues of overlooking to neighbouring properties. the privacy walls associated with the proposed roof
top terrace will also create excessive bulk to neighbouring properties.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.4.   RAL22/0021 - RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE POINT
CRESCENT, NOOSA HEADS
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 July 2023 regarding Application No. RAL22/0021 for a Development
Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 39-41 Picture Point Crescent Noosa Heads
and
A. Refuse the application for the following reasons:
1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance Outcomes PO5,
PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4, AO7.5, AO7.7 of the
Reconfiguring a Lot Code as:

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ORDINARY MEETING                                                                        20 JULY 2023


   a. The proposed lots are not consistent with the size and character of surrounding lots and are
      less than the required minimum lot size and width.
   b. The proposed lots are irregular in shape, with the proposed lot shape not necessitated by a
      curve in the road, topographical constraints, or the site’s vegetation, with the lot shape
      constraining their future development for multiple dwellings.
   c. The future development of the lots is likely to result in duplication of accessways and
      services, excessive earthworks and modification to the landform which will impact on the
      amenity and character of the area.
   d. The proposed development is not consistent with the Overall Outcome 2(o) of the Noosa
      Heads Locality Plan Code to accommodate a greater diversity in housing types as the
      proposed reconfiguring a lot will limit the opportunities for further multiple dwellings in
      Noosa Heads.
2.    The proposed lots are not consistent with the Overall Outcome 2(f) and Performance Outcome
PO1 of the High Density Residential Zone Code to accommodate multiple dwellings to the exclusion
of dual occupancy and dwelling houses, as the proposed lots are unlikely to be able to accommodate
multiple dwellings consistent with the code’s built form requirements.
3.      The proposed development is contrary to Overall Outcome 2(c), (d) & (h), Performance
Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands Overlay
Code as the proposed lot boundaries transect a wildlife corridor and no rehabilitation is proposed to
improve this ecological linkage.
4.      The proposed lots are in part located in a medium bushfire hazard area and the Bushfire
Management Plan does not make any assessment of the proposed development or identify any
bushfire mitigation measures, based on ecological principles, to minimise the risk to people and
property from bushfire hazard.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.5. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-
BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA
That the Planning and Environment Committee Agenda Item 5.5 be referred to the General
Committee and request the CEO to liaise with the applicant regarding a range of matters that would
reduce the potential impact such as:
   •   Limiting the use to 3 days a week and the hours 9am to 5pm;
   •   Installing acoustic barriers around the compressor and any other noise making machinery
       likely to create a nuisance outside of the property boundaries;
   •   Adopting work practices that buffer and direct noise away from neighbouring properties;
       and
   •   Conducting all operations to comply with noise limits set by the relevant Environmental
       Protection Policy.


5.6. MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET, BOREEN
POINT
That Planning & Environment Committee Agenda Item 5.6 be referred to the General Committee for
further consideration and request the CEO to provide appropriate conditions considering the
environmental sensitivity of the site including the control of dogs and other activities that may impact
on environmental values.


5.7. MCU16/0090.02 - MINOR CHANGE TO THE EXISTING APPROVAL FOR THE PURPOSE
OF PROVIDING A CAFÉ FOR GUESTS OF THE COMMUNITY USE – WELLBEING – TYPE 2

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ORDINARY MEETING                                                                          20 JULY 2023


SOCIAL ON LAND AT 468 MCKINNON DRIVE, COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter in relation
to the application by Sunshine Butterflies as on 23 October 2020 I provided them with a donation of
surfboard making equipment valued at approximately $1200. Although I have a declarable conflict
of interest, I do not believe a reasonable person could have a perception of bias because I do not
have any other association with that organisation. Therefore, I will choose to remain in the meeting
room. However, I will respect the decision of the meeting on whether I can remain and participate in
the decision.

That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 11 July 2023 regarding Application No. MCU16/0090.02 for a Minor Change to an
existing approval for Material Change of Use - Community Use – Wellbeing – Type 2 – Social,
situated at 468 McKinnon Drive, Cooroibah and:
   A. Approve the change.
   B. Amend conditions 1 & 2 to read as outlined in Attachment 1 – Proposed amended and
      additional conditions.
   C. Include 2 additional conditions as outlined in Attachment 1 – Proposed amended and
      additional conditions.
   D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5.8. INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS CREEK
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter due to
the fact that as President of the Noosa Lions Football Club (NLFC) I have land and water
management responsibilities for approximately 4.5 ha of the Girraween Sports Complex. This
involves the application of mainly organic, slow release and calcium-based fertilisers and herbicide
over what is a sizeable holding in terms of the catchment. The club also uses groundwater for
irrigation and has used surface water and recycled water in the past. The downstream impact of
sports fields are potential risk factors for the quality of surface waters in the catchment. Considering
the volunteer and community nature of my role with NLFC and the fact that the club is not likely to
gain or lose from the proposed monitoring program, I choose to remain in the meeting room.
However, I will respect the decision of the meeting on whether I can remain and participate in the
decision.

That Planning & Environment Committee Agenda Item 5.8 be referred to the General Committee
due to significance of the issue.


6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY MAY 2023
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 11 July 2023 regarding planning applications that have been
decided by delegated authority.


6.2. NOOSA ENIVIRONMENT STRATEGY - YEAR THREE (2021/2022) IMPLEMENTATION
PLAN ANNUAL UPDATED
That Planning & Environment Committee Agenda Item 6.2 be referred to the General Committee
due to the significance of the issue.

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ORDINARY MEETING                                                                          20 JULY 2023


7.1. ENVIRONMENT LEVY PROPOSED
LAND PURCHASE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as in my
sole trader consultancy (Watershed Australia), I commenced a contract with the Koala Action
Gympie Region Association (KAGR) in June 2023. The $28,000 agreement currently runs to the
end of the calendar year. As part of the contract I am assisting the not-for-profit group identify
potential programs and projects to enhance koala habitat and the sustainability of the group in the
Gympie Region including opportunities to link with other organisations to create inter-regional
corridors. As the subject land abuts the Gympie Regional Council area, and as it is part of a mapped
koala corridor in the SEQ Bioregion, KAGR may have a future interest in linkages across shire
boundaries in this locality. As there is currently no direct link, nor any current specific project or
proposal involving KAGR, or myself in a consultant capacity, and the lot in question, nor is it likely
that I will benefit directly from its acquisition, I choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.

That Council note the Report by the Principal Environment Officer to the Planning & Environment
Committee Meeting dated 11 July 2023 regarding the proposed purchase of the property and:
A. Approve and authorise the CEO to:
   1. Proceed with negotiation with the owners or their agent to purchase the property detailed in
      the Report within the valuation range of $400,000 to $480,000;
   2. If agreement can be reached between Council and the owners or their agent, utilise
      Council's Environment Levy funds to proceed with the purchase of the property detailed in
      the Report within the valuation range of $400,000 to $480,000;
   3. If the property detailed in the Report is purchased by Council, proceed with the placement
      of a Nature Refuge over the property; and
   4. Utilise Council's Environment Levy funds to allow Environmental Services undertake initial
      management actions on the property including weed and pest management, fire
      management, and ecological restoration; and
   5. Utilise Council's Environment Levy funds to allow Environmental Services to undertake
      ongoing management actions on the property including weed and pest management, fire
      management, flora and fauna monitoring.
Committee Recommendation
That the report of the Planning & Environment Committee dated 11 July 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.