Original source · versioned page text
2022-11-08 Planning & Environment Meeting Minutes
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
MINUTES
Planning & Environment
Committee Meeting
Tuesday, 8 November 2022
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 7 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Karen Finzel
Cr Clare Stewart
Cr Brian Stockwell
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
The meeting commenced at 9.32am.
2. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 11 October 2022 be
received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
Nil.
Page 2 of 8
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
USE FOR COMMERCIAL LANDING AND OPERATIONAL WORKS FOR PRESCRIBED
TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 1 be referred to the General
Committee for further consideration.
Carried unanimously.
2 MCU22/0148 - APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD AND
DRINK OUTLET (OUTDOOR DINING) AT 2 MEMORIAL AVENUE POMONA
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Acting Coordinator Planning to the Planning &
Environment Committee Meeting dated 8 November 2022 regarding Application No.
MCU22/0148 for a Development Permit for Material Change of Use - Food and drink outlet
situated at 2 Memorial Ave Pomona 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
0522WZ - Site Plan / Floor Plan (Outdoor Areas highlighted 11/07/22
Blue), prepared by Accolade Building Designs
Nature and Extent of Approved Use
3. The approved use is a Food and Drink outlet for the outdoor areas and kitchen and
storage areas as shown on the approved plans.
4. The approved use must not operate outside the hours of:
a. 6am to 10pm Sunday to Thursday and public holidays
b. 6am to 12:00 midnight Friday and Saturday
5. Any live music must be contained within an enclosed acoustically treated environment.
6. 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.
Page 3 of 8
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
Currency Period
7. This development approval lapses if the use has not commenced by 17 November
2028, unless an application to extend the currency period is approved by Council.
Carried unanimously.
3 MCU22/0115 APPLICATION FOR MATERIAL CHANGE OF USE FOR A BAR AT 1-3/9
RENE STREET NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Finzel
That Council note the report by the Acting Coordinator Planning to the Planning &
Environment Committee Meeting dated 8 November 2022 regarding Application No.
MCU22/0115 for a Development Permit for a Material Change of Use - Bar situated at 1 - 3/9
Rene St Noosaville and:
A. Approve the application in accordance with the following conditions:
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to the use commencing, and then compliance maintained at
all times while the use continues.
2. The patron use area for the consumption of food, drink and alcohol and/or congregation
is limited to a 60m² seating area (excluding the bar area) with a maximum seating for
30 persons. The queuing area external to the building is not approved and all queuing
must be provided inside the building. Amended plans are to be provided to the Manager
of Development Assessment prior to the use commencing detailing the proposed
seating area of the bar.
Approved Plans
3. 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
A103 AO6 Site Plan Prepared by Collins Building Designs 19.08.2020
A105 AO6 Proposed Floor Plan Prepared by Collins Building 19.08.2020
Designs as amended by Council
A107 AO6 Proposed Floor Areas Prepared by Collins Building 19.08.2020
Designs as amended by Council
LL00 A Proposed Landscape Key Plan Prepared by Lark 29.06.2022
Landscape Architecture and Urban Design
LL01 A Proposed Landscape Plan Prepared by Lark Landscape 29.06.2022
Architecture and Urban Design
LL02 A Proposed Planting Schedule Prepared by Lark 29.06.2022
Landscape Architecture and Urban Design
Nature and Extent of Approved Use
4. The Bar must operate at all times in association with the Distillery use within Lots 2 and
3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease.
5. All activities associated with the bar are to be undertaken inside the building. The
landscape areas and parking areas are not to be used for any activities associated with
the bar use. No food trucks or entertainment are to be setup in the landscape, driveway
or parking areas.
Page 4 of 8
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
6. The 60m² seating area is only permitted to be used by patrons who have booked a time
slot for a table booking and these will be limited to 2 hours.
7. The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm
and Saturday and Sunday 12:00 noon to 10:00pm.
8. The sale and/or consumption of alcoholic products is limited to those alcoholic products
produced by the associated Distillery use. Any alcoholic beverages that are not
produced as part of the Distillery use on the site must not be sold with the exception of
other alcoholic products used to make drinks with products distilled on site. Non-
alcoholic mixers are able to be used on site.
9. Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on
site.
Landscaping
10. The area at the front of the site is to be landscaped in accordance with the approved
plans.
Lighting of External Areas
11. During operating hours, all parking areas, pedestrian areas and entrances/exits 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.
Noise Management
12. Noise from the Bar, including amplified or non-amplified noise and patron noise must
not exceed:
Continuous Noise
daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
Time Varying Noise
daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Staff Numbers
13. A maximum of 2 staff for the Bar use are to be on site at any one time.
Currency Period
14. The Currency Period for this development approval lapses if the use has not
commenced by 17 November 2028, unless an application to extend the currency
period is approved by Council.
External Works
Car Parking
15. A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked
on the site and made available and accessible at all times while the use is open for
business. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. The car spaces and scooter spaces as shown on the approved plans
b. The car space located directly adjacent to the building and loading dock area
dedicated to “staff”
c. dimensions, crossfalls and gradients in accordance with the relevant Australian
Standard
16. All car parking areas and access driveways must be maintained exclusively for vehicle
Page 5 of 8
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
parking and manoeuvring and kept in a tidy and safe condition at all times.
17. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
18. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The areas must be provided in accordance with figure 5.1 of the submitted Car
Parking Assessment reference 20401 prepared by Rytenskild.
Pedestrian and Bicycle Facilities
19. 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 total of 2 bicycle parking spaces
Stormwater Drainage
20. Stormwater runoff from the new hardstand areas must be connected to the existing site
stormwater drainage system.
Easements
21. 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.
22. 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.
23. 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
24. All retaining walls that are publicly accessible, located on site and exceed 1.0m in
height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
25. 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.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE
PLANNING SCHEME
Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa
Plan 2020, and a range of industrial uses either established now or in the future may
generate noise, odour, dust, waste nuisance or the like. These industrial businesses
will not be required to include additional mitigation measures to address the potential
Page 6 of 8
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
impacts from these industrial uses on the bar, given they should reasonably be
expected.
2. Conditions have been imposed to ensure the proposed bar is to operate in association
with and ancillary to an existing industrial use on the site.
Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
SEPTEMBER 2022
Cr Wilkie left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast
Building Approvals are identified as the applicant in number 17 for Development Application
EXE22/0015. I contracted Suncoast Building Approvals to undertake Building Certification for my
proposed residence in Boreen Point on the 29 November 2021. This process is currently underway.
The total fees associated with the completion of the certification and inspection regime is $5,904 which
includes Noosa Council Plumbing and Drainage fees. As a result of my conflict of interest I will now
leave the meeting room while the matter is considered and voted on.
Cr Stockwell left the meeting.
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Acting Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 8 November 2022 regarding planning
applications that have been decided by delegated authority.
Carried unanimously.
Cr Stockwell returned to the meeting.
Cr Wilkie returned to the meeting.
5 SUMMARY OF CURRENT AND HISTORICAL DISTRIBUTION OF SEAGRASS IN THE
NOOSA ESTUARY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Council note the report by the Environment Officer, Rivers & Coast to the Planning &
Environment Committee Meeting dated 8 November 2022, and note:
A. The reports titled ‘Current and Historical Distribution of Seagrass in the Noosa Estuary’
and ‘Seagrass Distribution Study’ as Attachment 1 & 2 prepared by Ecological Service
Professionals for The Nature Conservancy and Council;
B. That Council’s integrated water quality monitoring program will identify options for
future management strategies and factors influencing seagrass decline; and
C. That seagrass monitoring and restoration will be considered as part of the final Noosa
River Plan, and funding needs for this will form part of upcoming budget deliberations.
Carried unanimously.
Page 7 of 8
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 8 NOVEMBER 2022
6 INTEGRATED WATER QUALITY MONITORING PROGRAM
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 6 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
7. CLOSED SESSION
Nil.
The meeting closed at 11.03am.
Page 8 of 8