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2022-04-21 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday 21 April 2022
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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Section 2
ORDINARY MEETING MINUTES 21 APRIL 2022
1. ATTENDANCE & APOLOGIES
Councillor C Stewart, Mayor (Chair)
Councillor F Wilkie
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
K Contini, Director Community Services
D Iezzi, Director Executive Services
T Grauf, Acting Director Corporate Services
APOLOGIES
L Jensen, Acting Director Environment & Sustainable Development
The meeting commenced at 5.00pm.
2. CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Finzel
The Minutes of the Ordinary Meeting held on 17 March 2022 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
The Minutes of the Special Meeting held on 30 March 2022 be received and confirmed.
Carried unanimously.
3. MAYORAL MINUTES
4. PETITIONS
Page 2 of 24
Section 3
ORDINARY MEETING MINUTES 21 APRIL 2022
1 PETITION: BEACH EROSION
Refer to Attachment 1
Council Resolution
Moved: Cr Stewart
Seconded: Cr Finzel
That the online petition submitted by Eastern Beach Protection Association signed by 1500
people regarding concerns about storm water and sewage eroding our beaches, be received,
and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
2 PETITION: PARKING IN WARD STREET
Refer to Attachment 2
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
That the petition submitted by signed by over 100 people regarding concerns about parking in
Ward Street be received and referred to the Chief Executive Officer to determine appropriate
action.
Carried unanimously.
5. NOTIFIED MOTIONS
1 NOTIFIED MOTION – CR BRIAN STOCKWELL PLANNING SCHEME AMENDMENTS -
GRASSTREE COURT SUNRISE BEACH
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council:
A. Consider the following Zoning Map changes as part of the current suite of planning
scheme amendments being prepared for State government review and subsequent
public comment, due to the presence of environmental values of state significance, high
bushfire hazard and the critical shortage of social housing:
1. Remove the listing of “3. Residential Care Facility” from Schedule 2 Map 14 over
Lot 9 SP322789;
2. Add a range of social housing use definitions to the existing listing of “3.
Residential Care Facility” from Schedule 2 Map 14 over Lot 6 SP322789; and
B. Request the CEO to include these matters in a future report to Council on the Planning
Scheme Review.
For: Crs Stockwell, Wilkie, Jurisevic, Stewart and Wegener
Against: Crs Lorentson and Finzel
Carried.
Page 3 of 24
Section 4
ORDINARY MEETING MINUTES 21 APRIL 2022
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 4 of 24
ORDINARY MEETING MINUTES 21 APRIL 2022
6. PRESENTATIONS
Nil.
7. | DEPUTATIONS
Nil.
Page 4 of 24Section 5
ORDINARY MEETING MINUTES 21 APRIL 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 APRIL 2022
1 MCU21/0194 APPLICATION FOR MATERIAL CHANGE OF USE FOR ROADSIDE STALL
AT 201 MARY RIVER ROAD, COOROY
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for a further report which includes:
A. A set of conditions that would allow Council to approve those uses that can be lawfully
conducted as a Roadside Stall on the grounds that:
1. It meets the Strategic Intent of the Planning scheme which supports rural tourism
and further acknowledging those aspects of the use are consistent with the aim to
facilitate: “The evolution of traditional agriculture and the emergence of new
sectors are supported by encouraging opportunities for value adding to occur
before agricultural produce leaves the farm gate or leaves the region” and staff be
requested to liaise with the applicant to ascertain their position.
2. The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages
that “The establishment of outdoor recreation and small-scale tourism facilities in
suitable locations is facilitated in a manner that does not significantly compromise
the rural productivity or ecological values of the land.”
B. Wording to append to the conditions of approval an advisory note that would indicate to
the applicants that Council would be amenable to considering an application for a Low
Use Commercial activity on the road reserve immediately in front of the premises for the
running of mobile coffee bus on the grounds that such a use is consistent with the
Commercial Use of Community Land Policy that requires the commercial use activity to
enhance the visitor and local experience of Noosa Shire.
2 51901.4116.01 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (DUAL
OCCUPANCY) AT 1/22 & 2/22 KINGFISHER DR PEREGIAN BEACH
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for further consideration.
3 MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
DWELLINGS (8 X DWELLING UNITS) AT 25 AND 27 TOOLAR STREET, TEWANTIN
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
for further consideration.
4 MCU17/0076.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT-TERM
ACCOMMODATION & OPERATIONAL WORKS AT 1/25 EDWARD STREET, NOOSAVILLE
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
for further consideration.
Page 5 of 24
Section 6
ORDINARY MEETING MINUTES 21 APRIL 2022
5 OPW21/0133 – APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
for further consideration.
6 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT UDPATE
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2022
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 12 April 2022 regarding planning applications that
have been decided by delegated authority.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wegener
That the report of the Planning & Environment Committee dated 12 April 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 6 of 24
Section 7
ORDINARY MEETING MINUTES 21 APRIL 2022
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 APRIL 2022
1 CONTRACT NO. T000064 – COOROY BELLI CREEK ROAD BRIDGE REPLACEMENT
That Council note the report by the Project Manager to the Services & Organisation Committee
Meeting dated 12 April 2022 and
A. Award Contract No. T000064 Cooroy Belli Creek Road Bridge Replacement to Ark
Construction Group Pty Ltd for the lump sum price of $1,011,420.09 (excl. GST); and
B. Approve the total project budget of $1,393,530 which includes project management,
superintendent costs and other project allowances to be allocated between the 2021/22
and 2022/23 budgets for the construction spanning across both financial years.
2 REGISTER OF PRE-QUALIFIED SUPPLIERS OF BUSINESS AND MARKETING
SERVICES
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 declarable conflict of interest in this matter as I am a
personal client of Insight Social Media which is one of the 35 service providers that are proposed to be
appointed to the panel for Digital Strategy and Marketing (refer Attachment 3). Although I have a
declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
because I believe I have had no influence on the operational decision of Council Officers to engage
Insight Social Media. 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.
Cr Wilkie assumed the Chair for the purpose of considering the conflict of interest declaration by Cr
Stewart.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that Cr Stewart
had no influence on the operational decision of Council Officers to engage Insight Social Media and
therefore a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Stewart did not vote on the above motion.
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 12 April 2022 and
A. Select the recommended respondents (provided in Attachment 3) to be Pre-qualified
Suppliers for Council’s Register of Pre-qualified Suppliers of Business and Marketing
Services, identified as arrangement T000046, for an initial term of twelve (12) months;
B. Approve the CEO to delegate the authority to extend the panel arrangement for three (3)
further periods of twelve (12) months each, at the sole discretion of Council and subject
to the performance of the suppliers under the panel; and
Page 7 of 24
Section 8
ORDINARY MEETING MINUTES 21 APRIL 2022
C. Delegate authority to the CEO to enter into arrangements with other local governments
in Queensland, on such terms as the CEO deems appropriate, to allow for those other
local governments to enter into contractual arrangements with the suppliers appointed
by Council to the Register of Pre-qualified Suppliers of Business and Marketing Services,
as if those other local governments had themselves selected the suppliers to be a pre-
qualified suppliers of business and marketing services.
Carried unanimously.
3 T00043 – ICT MANAGED SERVICES – TENDER AWARD
That Council note the report by the ICT Manager to the Services and Organisation Committee
Meeting dated 12 April 2022 and
A. Award Contract T000043 Provision of Telecommunications and Cloud Managed
Services to the following Contractors for an initial term of three (3) years:
1. Separable Portion 1 – Managed Network Services to Nexon Asia Pacific Pty Ltd
(Nexon);
2. Separable Portion 2 – Managed Unified Communications Services to Optus
Networks Pty Ltd (Optus);
3. Separable Portion 3 – Managed Telephony and Services to Optus Networks Pty
Ltd (Optus);
4. Separable Portion 4 – Managed Azure Services to Codify Pty Ltd (Codify).
B. Approve the CEO to delegate the authority to extend the Contract for up to three further
periods of twelve (12) months each, subject to the performance of the suppliers under
the Contract.
4 NOOSA SHIRE COUNCIL SPECIALISED SUPPLIER LIST
That Council note the report by the Procurement & Contracts Advisor to the Services &
Organisation Committee Meeting dated 12 April 2022 and add SEEK Limited and LinkedIn
Corporation to the current Specialised Supplier list for the remaining term of the list’s validity
period, being to 21 October 2022.
5 NOOSA RIVER HOLIDAY PARK – PROPOSED INTERIM MANAGEMENT AGREEMENT
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 12 April 2022 and authorise the CEO to enter into an
extension to the current interim management agreement with Anvera Pty Ltd trading as Dineen
Tourism Management commencing 1 May 2022 to 16 October 2022.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
That the report of the Services & Organisation Committee dated 12 April be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 8 of 24
Section 9
ORDINARY MEETING MINUTES 21 APRIL 2022
3 GENERAL MEETING COMMITTEE REPORT – 19 APRIL 2022
1 MCU21/0194 APPLICATION FOR MATERIAL CHANGE OF USE FOR ROADSIDE STALL
AT 201 MARY RIVER ROAD, COOROY
Refer to further report at Item 7.
3 MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
DWELLINGS (8 X DWELLING UNITS) AT 25 AND 27 TOOLAR STREET, TEWANTIN
That Council note the report by the Project Coordinator Planning to the Planning &
Environment Committee Meeting dated 12 April 2022 regarding, Application No. MCU21/0083
for a Development Permit for Material Change of Use - Multiple dwelling, situated at 25 & 27
Toolar St Tewantin and note that the applicant has stopped the decision period pursuant to the
Planning Act 2016.
4 MCU17/0076.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT-TERM
ACCOMMODATION & OPERATIONAL WORKS AT 1/25 EDWARD STREET, NOOSAVILLE
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076.01 and
OPW17/0224.01 for an Other Change to a Development Permit for Material Change of Use –
Multiple Housing Type 2 Duplex & Short-term accommodation & Operational Works, situated
at 1/25 Edward St Noosaville 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 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 duplex 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 dual occupancy 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.
Page 9 of 24
Section 10
ORDINARY MEETING MINUTES 21 APRIL 2022
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 on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Jurisevic, Stockwell; Wegener and Jurisevic
Against: Crs Lorentson, Stewart and Finzel
Carried.
5 OPW21/0133 – APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
That Council note the report by the Development Engineer to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding OPW21/0133 application for Operational
Works (Prescribed Tidal Works) and request a further report for the Ordinary Meeting providing
an alternative motion for approval.
Page 10 of 24
Section 11
ORDINARY MEETING MINUTES 21 APRIL 2022
6 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT UDPATE
Motion
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Environmental Services Manager (Acting) to the Planning
and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration
Project dated 12 April 2022 and;
A. Note the 6 monthly report for the project submitted in accordance with the Alliance &
Funding Agreement between Noosa Council and The Nature Conservancy;
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding
the Noosa River Reef Restoration Alliance and Funding Agreement and report back to
Council on the outcomes; and
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy.
Amendment No.1
Moved: Cr Lorentson
Seconded: Cr Stewart
That item D, E, F be added to read:
D. Seek to consult with stakeholders, including the Noosa River Advisory Group and the
broader community to gauge overall community support for the renewal of the Noosa
River Alliance and Funding Agreement (NRAFA);
E. Authorise the CEO to consult with Council’s Audit and Risk Committee and seek advice
that arrangements are appropriate and in alignment with Council’s risk and compliance
management framework;
F. Request the CEO to provide a further report on the outcomes of the consultation to help
inform and guide future negotiations.
For: Crs Lorentson, Finzel and Stewart
Against: Crs Stockwell, Jurisevic, Wilkie and Wegener
Lost.
Amendment No 2.
Moved: Cr Stewart
Seconded: Cr Lorentson
That item D be added to read;
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware
of in entering into the agreement.
For: Crs Stewart, Finzel, Lorentson and Jurisevic
Against: Crs Wilkie, Stockwell and Wegener
Carried.
Page 11 of 24
Section 12
ORDINARY MEETING MINUTES 21 APRIL 2022
Amendment No. 3
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That item E be added to read:
E. That the CEO be requested to keep a full record of staff time and costs and ancillary
expenses associated with the conduct of the review and include these costs as part of
the report back to Council.
Carried unanimously.
Amendment No.4
Moved: Cr Finzel
Seconded: Cr Stewart
That items be F, G & H be added to read:
F. Authorise the CEO as per the TNC Alliance Funding Agreement Clause 20.5 -
."Amendments to this agreement may be proposed by either Party at any time in writing
to the other Party. The terms of any amendments shall be negotiated by appointed
contact officers and given effect by written agreement signed by both parties”;
G. Contact the TNC in writing with a request to see the receipts and financials as per the
Noosa Shire Council 'Project Acquittal Form'; and
H. Contact the TNC to commence in writing negotiations for inclusion within the current TNC
Alliance Funding Agreement and/or any future TNC Alliance Funding Agreements to
include the proper disclosure of all funds spent to include but not limited to: all receipts
and financials to align with the Noosa Shire Council acquittal guidelines/policy to
accurately show who each supplier/contractor/receiver of funds/receipts etc., to align
with all other recipients of Noosa Shire Council Funding without prejudice the need to
request in writing the information if Council wishes to see it as per the current 'Project
Acquittal Form'.
For: Crs Finzel, Stewart, Jurisevic and Lorentson
Against: Crs Wilkie, Wegener and Stockwell
Carried.
Page 12 of 24
Section 13
ORDINARY MEETING MINUTES 21 APRIL 2022
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Environmental Services Manager (Acting) to the Planning
and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration
Project dated 12 April 2022 and;
A. Note the 6 monthly report for the project submitted in accordance with the Alliance &
Funding Agreement between Noosa Council and The Nature Conservancy;
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding
the Noosa River Reef Restoration Alliance and Funding Agreement and report back to
Council on the outcomes; and
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy.
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware
of in entering into the agreement.
E. That the CEO be requested to keep a full record of staff time and costs and ancillary
expenses associated with the conduct of the review and include these costs as part of
the report back to Council.
F. Authorise the CEO as per the TNC Alliance Funding Agreement Clause 20.5 -
."Amendments to this agreement may be proposed by either Party at any time in writing
to the other Party. The terms of any amendments shall be negotiated by appointed
contact officers and given effect by written agreement signed by both parties”;
G. Contact the TNC in writing with a request to see the receipts and financials as per the
Noosa Shire Council 'Project Acquittal Form'; and
H. Contact the TNC to commence in writing negotiations for inclusion within the current TNC
Alliance Funding Agreement and/or any future TNC Alliance Funding Agreements to
include the proper disclosure of all funds spent to include but not limited to: all receipts
and financials to align with the Noosa Shire Council acquittal guidelines/policy to
accurately show who each supplier/contractor/receiver of funds/receipts etc., to align
with all other recipients of Noosa Shire Council Funding without prejudice the need to
request in writing the information if Council wishes to see it as per the current 'Project
Acquittal Form'.
For: Crs Finzel, Wilkie, Stockwell, Jurisevic and Wegener
Against: Crs Stewart and Lorentson
Carried.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the meeting be adjourned at 7.28pm.
Carried unanimously.
Page 13 of 24
Section 14
ORDINARY MEETING MINUTES 21 APRIL 2022
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the meeting resume at 7.35pm.
Carried unanimously.
7 FURTHER REPORT - MCU21/0194 FOR MATERIAL CHANGE OF USE APPLICATION FOR
A ROADSIDE STALL AT 201 MARY RIVER ROAD, COOROY
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated
19 April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a
Roadside Stall situated at 201 Mary River Road, Cooroy 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
22-02/01 B Roadside Stall Visualisation and Site, prepared by 28/02/2022
Beverley Jorgensen Building Designer
22-02/02 B Site – Callout 1, prepared by Beverley Jorgensen Building 28/02/2022
Designer
Currency Period
3. This development approval lapses if the use has not happened by 21 April 2028,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The approved use must only involve the sale of fresh or processed produce
produced on the site and surrounding properties, including:
a. Honey that is produced on site from beehives
b. Eggs that are produced onsite
c. Fruit, vegetables and herbs that are grown on site and on nearby properties
in the Cooroy Hinterland
d. Bottled juices from the fruit and vegetables available for sale.
5. Food and drink must not be prepared and sold for consumption on the premises.
No on-site dining is permitted.
6. The approved use must be operated by a permanent resident or residents of the
detached house on the site. A maximum of two (2) employees are permitted.
Page 14 of 24
Section 15
ORDINARY MEETING MINUTES 21 APRIL 2022
7. The approved use must not exceed 40m2.
8. The approved use must not operate outside the hours of 5:30am to 1:00pm
Monday to Friday, and 7:30am to 4:00pm on Saturday and Sunday.
Car Parking
9. A minimum of three (3) car parking spaces must be provided and marked on site
and made available and accessible at all times while the use is open for business.
10. All car parking areas and access driveways must be constructed with a suitable
formation and maintained exclusively for vehicle parking and manoeuvring and
kept in a tidy and safe condition at all times.
11. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
B. Advise the applicant that they may wish to make an application for a Low Use
Commercial Activity to permit the operation of a mobile coffee bus on the road reserve
immediately adjacent the roadside stall.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposal meets the Strategic Intent of the Planning scheme which supports
rural tourism and further acknowledging those aspects of the use are consistent
with the aim to facilitate: “The evolution of traditional agriculture and the emergence
of new sectors are supported by encouraging opportunities for value adding to
occur before agricultural produce leaves the farm gate or leaves the region”
2. The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages
that “The establishment of outdoor recreation and small-scale tourism facilities in
suitable locations is facilitated in a manner that does not significantly compromise
the rural productivity or ecological values of the land.”
D. Advise the applicant that if they wish to continue to operate the stall as a coffee shop an
application is required for a food and drink outlet. The application should be lodged
within 6 months and during this time the use may continue to operate from the site subject
to the use not causing any significant impacts on the area.
E. That CEO be requested to prepare a set of amendments to the Noosa Plan 2020 that
facilitate a broader range of small scale rural enterprises directly related to the production
of local food, beverages, arts and crafts in order to provide opportunities for home-based
business and related uses that are of a scale suitable for assessment as accepted or
code assessable development.
Page 15 of 24
Section 16
ORDINARY MEETING MINUTES 21 APRIL 2022
8 RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT
INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my
personal relationship with the applicant Mark Bain and the Bain Family who are family friends. We have
attended social events together, and our children have attended school together. As a result of my
conflict of interest, I will leave the meeting room while the matter is considered and voted on.
Cr Lorentson left the meeting.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Development Planner to the General Committee Meeting
dated 19 April 2022 regarding Application No. RAL21/0033 for a Reconfiguring a Lot (1 into 8
lots) at 60 Glenridge Drive Cooroibah and note that the applicant has stopped the decision
period pursuant to the Planning Act 2016.
Carried unanimously.
Cr Lorentson returned to the meeting.
9 PEREGIAN BEACH SURF LIFESAVING CLUB – NEW LEASE REQUEST
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 12 April 2022 and
A. Authorise the CEO to enter into negotiations for a 10-year lease to Peregian Beach SLSC
Inc. over Lot 165 MCH5180 (the whole building and surrounds) for Surf Lifesaving
Purposes at Peregian Beach as generally outlined in the report subject to the Lessee:
1. Publishing annual reporting of progress toward establishment of the new Peregian
Beach SLSC for the first three years of operations;
2. Setting aside a suitable area for Surf Lifesaving Queensland to oversee Noosa
Shire contract lifeguard operations as per the Surf Lifesaving Queensland
Sunshine Coast Branch proposal;
3. Agreeing that opportunities for ratepayer financial support will be by application
through Council’s community grants program and no commitment is provided by
Council for direct ratepayer financial support
4. Agreeing that building maintenance will be at Council’s discretion subject to its
independent assessment and asset maintenance planning;
B. Note Peregian Beach Surf Lifesaving Club Inc’s. request to operate the Peregian Beach
Markets from May 2022 and authorise the CEO to issue the appropriate permit once
Council has received a properly made application and undertaken its normal assessment
process;
C. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $71,000
per annum plus CPI (for a total of three years) to fund SLSQ contract lifeguard services
on Saturdays and public holidays in the surf lifesaving patrol season (September to May)
Page 16 of 24
Section 17
ORDINARY MEETING MINUTES 21 APRIL 2022
for the purposes of providing lifesaving service continuity at Peregian Beach;
D. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $90,000
to re-paint the clubhouse building; and
E. Apply the exception to the requirement for tendering of the lease under Section 236 (1)
(b) (ii) of the Local Government Regulation 2012 as the lease is to a community
organisation.
Carried unanimously.
10 FINANCIAL PERFORMANCE REPORT – MARCH 2022
That Council note the report by the Financial Services Manager (Acting) to the General
Committee Meeting dated 19 April 2022 outlining March 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
That the report of the General Committee dated 19 April 2022 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 17 of 24
Section 18
ORDINARY MEETING MINUTES 21 APRIL 2022
9. ORDINARY MEETING REPORTS
1 FURTHER REPORT FOR OPW21/0133 - OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
Council Resolution
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Development Engineer to the Planning & Environment
Committee Meeting dated 12 April 2022 and the General Committee Meeting dated 19 April
2022 and Ordinary Meeting dated 21 April 2022 regarding OPW21/0133 application for
Operational Works (Prescribed Tidal Works) at 10-12 Ravenwood Drive, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to PO1, PO9, PO13, and PO19 of the Waterways Works
Code as it:
1.1 will lead to cluttering and adverse amenity impacts on the character and
amenity of the waterway and adjoining lots;
1.2 includes works outside the prolongation of boundaries of the lot;
1.3 will result in berthed vessels encroaching over the prolongation of boundaries
of the lot;
1.4 when all vessels are moored, prevents the jet skis from leaving its dry storage
pontoon;
1.5 will result in adverse amenity impacts and potential conflicts with users of the
neighbouring jetty and put at risk users’ safety.
B. Advise the applicant that the jetty must be modified to comply with the approved plans
of development.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Wegener, Stockwell, Finzel and Wilkie
Against: Crs Lorentson, Stewart and Jurisevic
Carried.
Page 18 of 24
Section 19
ORDINARY MEETING MINUTES 21 APRIL 2022
GENERAL COMMITTEE RECOMMENDATION (MISSED IN EARLIER RECOMMENDATIONS)
2 51901.4116.01 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (DUAL
OCCUPANCY) AT 1/22 & 2/22 KINGFISHER DR PEREGIAN BEACH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
application in Item 5 – 51901.4116.01 as the applicants, Sharon and Morrie Barnes were on my list of
campaign volunteers for the 2020 LG Elections. 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.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Stockwell
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public
interest that Cr Wilkie participates and votes on this matter because Council believes that he does not
stand to receive a personal benefit or loss in relation to this matter and do not have a close personal
relationship with Sharon and Morrie Barnes and therefore a reasonable person would trust that the final
decision is made in the public interest.
For: Crs Stewart, Stockwell, Wegener, Finzel and Lorentson
Against: Crs Jurisevic
Carried.
Cr Wilkie did not vote on the above motion.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Finzel
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding Application No. 51901.4116.01 to make a
minor change to an existing approval for a Dual Occupancy at Brolga Place 1/22 & 2/22
Kingfisher Dr, Peregian Beach and:
A. Refuse the change for the following reasons:
1. The proposal does not comply with Overall Outcome 2 (c), Performance outcomes
PO9, PO10, PO11, PO12 and PO14 of the Medium Density Residential Zone code
in Noosa Plan 2020 as the proposed changes will:
a. Exceed the maximum site cover and gross floor area sought for the area;
b. Contribute to the buildings bulk and scale, are not compatible with the site’s
small area and will dominates the streetscape; and
c. Reduce the extent of landscape area provided for the site.
2. The proposal does not comply with Acceptable outcome AO12.1 and
corresponding Performance outcome PO12 (a) and (f) of the Medium Density
Residential Zone code in Noosa Plan, as the proposed setback to the front
boundary will:
a. Bring the existing deck further forward of the adjoining premises (20
Kingfisher Dr) affecting their amenity; and
b. Not be consistent with the predominant character of the streetscape.
Page 19 of 24
Section 20
ORDINARY MEETING MINUTES 21 APRIL 2022
3. The proposal is contrary to the Overall outcome (2) (b) and (c) and Performance
Outcomes PO4 & PO10 (b), & (e) of the Dual Occupancy and Multiple Dwelling
Code in Noosa Plan 2020 as:
a. The existing building is of a bulk and scale that is not consistent with the
existing character sought for the area and the proposed changes will
contribute additional bulk and scale;
b. The development does not contribute to the streetscape as the proposed
changes will encroach further into the front setback; and
c. The proposed changes will reduce the extent of, and opportunities for
landscape areas on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
10. CLOSED SESSION
Nil
11. PUBLIC QUESTION TIME
Nil
12. NEXT MEETING
The next Ordinary Meeting will be held on 19 May 2022 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
The meeting closed 8.18pm.
Page 20 of 24
Section 21
ORDINARY MEETING MINUTES 21 APRIL 2022
Attachment 1
Page 21 of 24
ORDINARY MEETING MINUTES 21 APRIL 2022
Attachment 1
* Eastern Beaches Protection Association Inc. |A60190
14 March 2022
The Chief Executive Officer
Noosa Council,
PO Box 141,
TEWANTIN Qid 4565
Dear Sir
We hereby respectfully lodge the attached e-petition to Noosa Council and request it be
presented to the whole of Council.
The e-petition was lodged at https://www,change.org/p/noosa-council-stop-noosa-councit-
where petitioners
could click in a web interface (see attached)
Our concem is that Council is currently directing stormwater and treated sewage onto our
beaches, which is causing significant erosion and contaminating our native fauna and beaches
right now.
As Trustees of our public foreshores, Noosa Council is required to protect and maintain the
health of our creeks and the beach dunes. By allowing the erosion and contamination of the
beaches, they are not only failing in their duties but actively causing significant damage.
Yours sincerely,
On behalf of
Management Committee.
Eastern Beaches Protection Association Inc
1.6 a
POX
LY” recbey
RECEIVep A\
Hy ‘ MAR 2022 =
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:— Recor, Son ' hey /
L Pe ce A/S
Eastern Beaches Protection Association Inc.
PO Box 184, Noosa Heads 4567
www.ebpa.com.au
SCANNED Mars no AA a Rt le
Page 21 of 24Section 22
ORDINARY MEETING MINUTES 21 APRIL 2022
Page 22 of 24
ORDINARY MEETING MINUTES 21 APRIL 2022
, 314m 2PM Pattion Stas Noosa Council ditecting Stommeater art alttwing Treated Sewape from Erecting car Beach Crmrge orp
’ > 4 =
© At 2,500 signatures, this petition is more likely to get picked up by local news!
. ry was
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Treated Sewage from Eroding our Beach
1,638 have signed. Lot's got to 2500!
-
© At 2,500 signatures, this petition is more likely to get picked up by local news!
—— as
ces
J, Eamon Beaches Protection Association inc started this petition to Nooss Council and 2 others
The Noosa Council is stating that climate change and increasing rain events will
result in significant erosion to our beaches.
Yet, it is currently directing Stormwater and Treated Sewage onto our beaches, which
is causing significant erosion and contaminating our native faune and beaches right
Nites www range Deg Oced-courcialip-fecad-Cou tc -hrectie sto rrnanater-anc-s foenng-beated-aawage-tot-erccing ou tea red mec a
Page 22 of 24Section 23
ORDINARY MEETING MINUTES 21 APRIL 2022
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5Section 24
ORDINARY MEETING MINUTES 21 APRIL 2022
Page 24 of 24
ORDINARY MEETING MINUTES 21 APRIL 2022
9 Pelican Strect
TEWANTIN LD 4565
Ward Street is recognised as the street to live in in Tewartin, The residents and the large amount of
pedestrian traffic and street traffic of people going to enjoy Ward Park, the Tewantin shops and the
Marina. Parking is limited in Ward Street as it is a cul-de-sac, There has been a car parked in the
siumme parking place since The Australia Day weekend 26 Jauary. This car now has a cover over it
and is being stored in a public parking spot. We would like to request that the council look into this
problem ,
:
Page 24 of 24