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2022-11-08 Planning & Environment Meeting Minutes

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                          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”
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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

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