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2014-03-06 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 6 March 2014
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING AGENDA 6 MARCH 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 NOTIFIED MOTIONS 3
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS 4
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS 6
GENERAL COMMITTEE RECOMMENDATIONS 10
6 ORDINARY MEETING REPORTS 13
7 PETITIONS 13
8 CLOSED SESSION 13
9 NEXT MEETING 13
10 MEETING CLOSURE 13
Page 2 of 13
Section 3
ORDINARY MEETING AGENDA 6 MARCH 2014
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 6 February 2014 be received and confirmed.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
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Section 4
ORDINARY MEETING AGENDA 6 MARCH 2014
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
25 FEBRUARY 2014 - Crs Bob Abbot (Chair), Noel Playford, Sandy Bolton and Frank Pardon
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
2 CAPITAL PROGRAM DELIVERY STATUS
That Council note the report by the Project Coordinator to the Infrastructure & Services
Committee dated 25 February 2014 providing an update on the status of the projects within
the 2013/14 Capital Works Program.
3 LAKE MACDONALD TO COOROY FLEXILINK TRIAL SERVICE
That Council note the report by Project Officer, Transport Infrastructure Management to the
Infrastructure & Services Committee dated 25 February 2014 and resolve to discontinue
the Lake Macdonald to Cooroy Flexilink trial service from 1 April 2014.
4 WASTE MANAGEMENT STRATEGY REVIEW PHASE 1
That Council note the report by the Interim Director, Community Infrastructure to the
Infrastructure & Services Committee dated 25 February 2014 on the process for the Waste
Management Strategy Review.
5 TAIT DUKE COTTAGE
That Council note the report by the Manager of Community Services and Coordinator,
Sport and Community Development to the Infrastructure & Services Committee dated 25
February 2014 and:
A. Agree that the preservation and enhancement of the heritage values and character of
Wallace Park, as well as parking limitations, necessitates Tait Duke Cottage’s
removal from Wallace Park;
B. Invite Expression of Interests (EOI) from Community Groups for the relocation and
utilisation of Tait Duke Cottage once Council has made a determination on the
suitability of the Earl Street site for the possible relocation of the Cottage;
C. Allocate funding of up to a fixed amount of $80,000 for the removal and relocation
(including transport, restumping, site surveys, and reconnection of services) of the
Cottage through the Heritage Levy subject to a successful EOI process; and
D. Request the Chief Executive Officer to write to Mr John Duke advising of Council’s
decision.
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Section 5
ORDINARY MEETING AGENDA 6 MARCH 2014
6 SEPARATION OF LIBRARY SERVICES
That Council note the report by the Libraries Coordinator to the Infrastructure & Services
Committee dated 25 February 2014 and endorse the strategies outlined in the report to
inform the community of the separation of the Noosa Library Service from the Sunshine
Coast Council and to support library customers through the subsequent changes.
Recommendation
The Infrastructure & Services Committee recommendations dated 25 February 2014 be adopted
except where dealt with or held over by separate resolution.
Page 5 of 13
Section 6
ORDINARY MEETING AGENDA 6 MARCH 2014
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
25 FEBRUARY 2014 - Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
1 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION
Item not dealt with by the Planning & Organisation Committee. Referred to the
General Committee for consideration.
2 COUNCIL POLICY: DEVELOPMENT ASSESSMENT – ROLES AND RESPONSIBILITIES
OF COUNCILLORS AND COUNCIL OFFICERS
That Council note the report by the Interim Director Community & Development to the
Planning & Organisation Committee dated 25 February 2014 and:
A. Repeal the Policy Statement: Development Assessment – Roles and Responsibilities
of Councillors and Council Employees that transferred to the Noosa Council from the
Sunshine Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation as set out in Attachment 2; and
B. Adopt Noosa Council’s Policy on Development Assessment - Roles and
Responsibilities of Councillors and Council Officers as set out in Attachment 1 of the
report with the following amendments:
1. Decision Stage to be amended to read as follows:
After Council officers have prepared a report and made an assessment and that
report has been provided as part of the normal Council meeting agenda
process, Councillors may seek any necessary information via staff or a council
organised site visit Councillors may make any necessary enquiries of Council
staff to ensure their duty is discharged in deciding the application.
Councillors are able to receive information from an applicant or submitter but
should take care not to advocate on behalf of the applicant and should avoid
making any commitment about their likely decision on the application until the
matter is considered at a Council committee or Council meeting.
2. Guiding Principles For Councillors to be amended as follows:
1. Councillors may view Council files, and are invited to make all necessary
enquiries, but all requests should be through the Director Community &
Development or Manager Planning & Development relevant staff
member.
3 AMENDMENTS TO THE NOOSA PLAN
That Council note the report by Project Leader, Strategic Planning, Planning &
Development to the Planning & Organisation Committee dated 25 February 2014 and:
A. Resolve not to proceed with the previous Sunshine Coast Regional Council Draft
Planning Scheme process which applied to the Noosa Shire area;
A.B. Resolve to commence the process of making planning scheme amendments to the
Noosa Plan;
Page 6 of 13
Section 7
ORDINARY MEETING AGENDA 6 MARCH 2014
BC. Authorise the Chief Executive Officer to advise the Minister of Council’s proposal to
commence the process of making planning scheme amendments; and
CD. Respond to persons who made Noosa-relevant submissions to the draft Sunshine
Coast Planning Scheme in 2012 to advise them of Council’s intention regarding a
planning scheme review.
4 CHANGE TO DEVELOPMENT APPROVAL FOR VIRIDIAN RESORT AT 5 MORWONG
DRIVE, NOOSA HEADS
That Council note the report by Coordinator, Development Assessment to the Planning and
Organisation Committee on 25 February 2014 and refuse the request to change
Development Approval No. 132006.823.07, situated at Viridian Noosa 5 Morwong Drive,
Noosa Heads for the following reasons:
A. The proposed change is contrary to the Overall Outcomes of the Noosa Heads
Locality Code, which seek that substantial key sites are protected for resort
development, with the subject site identified as a key site;
B. The proposed change is not consistent with the approved use of the site as Visitor
Accommodation Type 4 Conventional, which is for the purpose of providing short-
term visitor accommodation;
C. The proposed change is contrary to The Noosa Plan and there are insufficient
grounds to justify the conflict with planning scheme; and
D. The application has not been properly made, as the consent of the body corporate for
the Viridian Resort has not been provided for the change and the change affects
other unit owners.
5 FINANCIAL PERFORMANCE - JANUARY 2014
That Council note the Financial Performance report for January 2014 from the Coordinator
Financial Services to the Planning & Organisation Committee dated 25 February 2014.
6 2013/14 NATIONAL COMPETITION POLICY REFORM APPLICATION
That Council note the report by the Interim Director, Organisational Services to the
Planning & Organisation Committee dated 25 February 2014 and:
A. Apply the Full Cost Pricing reform option to the Waste Management business activity
for the remainder of the 2013/14 financial year in accordance with section 44(1)(b) of
the Local Government Act 2009; and
B. Apply the Code of Competitive Conduct to the Caravan Parks business activity for the
remainder of the 2013/14 financial year in accordance with section 47 of the Local
Government Act 2009.
7 UPDATE ON COUNCIL LEASED VEHICLE REVIEW
That Council note the report from the Co-ordinator Procurement and Fleet to the Planning
& Organisation Committee dated 25 February 2014 regarding progress to date with the
review of leased vehicles transferred as part of the de-amalgamation process.
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Section 8
ORDINARY MEETING AGENDA 6 MARCH 2014
8 PROCUREMENT - DELEGATION OF AUTHORITY AND POLICY
That Council note the report by the Co-ordinator Procurement and Fleet and Governance
Project Officer to the Planning & Organisation Committee dated 25 February 2014 and:
A. Repeal the Procurement Policy and Delegation of Authority for Procurement &
Contracting to the CEO that transferred to the Noosa Council from the Sunshine
Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation;
B. Authorise the Delegation of Authority for Procurement & Contracting to the CEO as
set out in Attachment 1 with the deletion of the following items under Delegated
Power: paragraphs 1 (a) (v) and 1 (d) (iv), and by deleting the words “including an
interest in land” in paragraph 1 (b) (ii); and
C. Adopt the Procurement Policy as set out in Attachment 2.
9 PROCESS UPDATE – COMMERCIAL ACTIVITIES ON COMMUNITY LAND
That Council note the report by Co-ordinator Property and Land Management to the
Planning & Organisation Committee dated 25 February 2014 and determine that no high
use / high impact permit applications be approved until such time as the Noosa Council has
adopted its future policy framework for commercial use of community land.
10 FEES AND CHARGES UPDATE – NOOSA RIVER HOLIDAY PARK
That Council note the report by the Property Officer, Property and Land Management to the
Planning & Organisation Committee dated 25 February 2014 and adopt the following fees
and charges for the Noosa River Holiday Park to 26 January 2015:-
Tourist Unpowered Camp Sites, Foreshore Waterfront – Off Peak – Daily $41.00
Off Peak – Weekly $287.00
Tourist Unpowered Camp Sites, Foreshore Waterfront – Peak - Daily $55.00
Peak - Weekly $385.00
Tourist Unpowered Camp Sites, Foreshore Waterfront – Shoulder – Daily $46.00
Shoulder – Weekly $322.00
Tourist Powered Camp Sites, Long RV – Off Peak – Daily $37.00
Off Peak – Weekly $259.00
Tourist Powered Camp Sites, Long RV – Peak – Daily $51.00
Peak – Weekly $357.00
Tourist Powered Camp Sites, Long RV – Shoulder – Daily $43.00
Shoulder – Weekly $301.00
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Section 9
ORDINARY MEETING AGENDA 6 MARCH 2014
11 ESTABLISHMENT OF A CASE MANAGEMENT WORKING GROUP
That Council note the report by the Chief Executive Officer to the Planning & Organisation
Committee dated 25 February 2014 and:
A. Establish a Case Management Working Group to oversee the management of
Council’s litigation with a particular focus on planning appeals;
B. Adopt the Charter for the Working Group as set out in the attachment to the report
with an addition that the Working Group decide on the appointment of its chairperson;
and
C. Appoint the Mayor and the Chairperson of the Planning and Organisation Committee
as members of the Case Management Working Group, together with the Council staff
identified in the Case Management Working Group’s Charter.
12 ESTABLISHMENT OF INTERNAL AUDIT PROCESSES
That Council note the report by the Chief of Staff to the Planning and Organisation
Committee dated 25 February 2014 and:
A. Authorise the Chief Executive Officer to seek quotations for the provision of an
internal audit service;
B. Establish the Audit Committee and endorse the Mayor and Councillor Wellington as
the Councillor representatives on the Committee; and
C. Authorise the Chief Executive Officer to invite applications from suitably qualified
applicants for the two external members of the Audit Committee.
Recommendation
The Planning & Organisation Committee recommendations dated 25 February 2014 be adopted
except where dealt with or held over by separate resolution.
Page 9 of 13
Section 10
ORDINARY MEETING AGENDA 6 MARCH 2014
GENERAL COMMITTEE RECOMMENDATIONS
3 MARCH 2014 – Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK – FURTHER REPORT
That Council note the report by the Coordinator, Assets & Investigations to the General
Committee Meeting dated 3 March 2014 and:
A. Adopt the proposed Capital Works Framework for the development of a Capital
Works Program for the 2014/15 Budget as attached to the report to the Infrastructure
& Services Committee dated 25 February 2014, except where amended by items B
and C below;
B. Endorse the process for Councillors involvement in the development of the Capital
Works Program as detailed in this report; and
C. Adopt the amended Program Statements attached to this report.
2 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION –
FURTHER REPORT
That Council note the report by Coordinator, Development Assessment to the Planning &
Organisation Committee dated 25 February 2014, and the further report to the General
Committee Meeting dated 3 March 2014 and:
A. Delegate to the Chief Executive Officer pursuant to section 257 of the Local
Government Act 2009 the exercise of powers as contained in Attachment 1 to the
report dated 3 March 2014;
B. Delegate to the Chief Executive Officer pursuant to section 257 of the Local
Government Act 2009 the exercise of powers as contained in Attachments 2 & 3 to
the report dated 3 March 2014 under the Integrated Planning Act 1997 and
Sustainable Planning Act 2009 for applications other than the following:
1. an application for a preliminary approval mentioned in section 242 of the Act to
vary the effect of the planning scheme;
2. the approval for a proposed development where there is substantial non-
compliance with a stated policy of the Council or a high order provision of the
Planning Scheme being a desired environmental outcome, or an overall
outcome of a code;
3. the refusal of any development application where Council is the assessment
manager;
4. requests, including Negotiated Decision requests, to change or cancel
conditions that were imposed by Council at an Ordinary or a Special Meeting;
and
5. an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government
under the Act for an application where:-
(i) the application has the potential for “deemed approval” in accordance with
sections 330-331 of the Act; and
(ii) the application is for Operational Works for clearing vegetation;
Page 10 of 13
Section 11
ORDINARY MEETING AGENDA 6 MARCH 2014
C. Repeal existing delegations that transferred to the Noosa Council from the Sunshine
Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation as detailed in “2012-49 Planning Scheme - Development
Control Plan 1 (Kawana Waters)” and “2012-49 (v1) - Sustainable Planning Act -
Master Plans”; and
D. For a 6 month period all planning and development matters identified in the table
below shall be referred to Councillors at least 3 days prior to the exercise of the
delegation, whereby a Councillor may request the matter to be considered at a
Council meeting instead of being determined under delegation.
Development Applications where Council is Assessment Manager
Material change of use – code assessable
Material change of use – impact assessable
Reconfiguring a lot – code assessable
Permissible change to a development approval
Extension to a relevant period for a development approval
Operational work – prescribed tidal works not associated with a private residence
Operational work – clearing of vegetation not associated with a private residence
Enforcement Matters and Proceedings
Issue of Enforcement Notice not associated with a non-complying pool or dangerous
building works
Commencement of legal proceedings due to a breach of the planning scheme,
development approval or Building Act
Conduct of an appeal relating to a development application
Disciplinary action against a private building certifier
E. The planning and development instruments of delegation be reviewed and a further
report presented to Council prior to the expiry of the 6 month trial period.
3 HEALTHY WATERWAYS NETWORK
That Council note the report by the Coordinator Environmental Services to the General
Committee Meeting dated 3 March 2014 in relation to joining the Healthy Waterways
Network and refer the matter for consideration during Council’s Budget discussions.and:
1. Agree to join the Healthy Waterways Network;
2. Authorise the CEO to sign the Network Deed on Council’s behalf; and
3. Make provision in the 2014-15 budget for a financial contribution towards the Network
based on existing annual contributions plus CPI.
Page 11 of 13
Section 12
ORDINARY MEETING AGENDA 6 MARCH 2014
4 KABI KABI NATIVE TITLE CLAIM
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 3 March 2014 and:
A. Note the Native Claim No 2013/003 lodged by the Kabi Kabi First Nation Traditional
Owners Native Title Claim Group;
B. Elect to become a respondent party to that Native Title Claim; and
C. Request the CEO to provide a further report to Council on any issues affecting the
Noosa region once the claim is further advanced.
Recommendation
The General Committee recommendations dated 3 March 2014 be adopted except where dealt
with or held over by separate resolution.
Page 12 of 13
Section 13
ORDINARY MEETING AGENDA 6 MARCH 2014
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 3 April 2014 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 13 of 13