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2015-07-30 Ordinary Meeting Minutes

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                     MINUTES


           Ordinary Meeting

             Thursday, 30 July 2015

                   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



  “Engagement with our community to protect and enhance our lifestyle”
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Section 2

ORDINARY MEETING MINUTES                                                      30 JULY 2015



1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor N Playford, Mayor
    Councillor B Abbot
    Councillor S Bolton
    Councillor J Jurisevic
    Councillor F Pardon
    Councillor T Wellington
    Councillor F Wilkie

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Rogers, Director Community Services
    M Shave, Director Corporate Services
    M Drydale, Director Planning & Infrastructure
    D Iezzi, Executive Manager


    APOLOGIES
    Nil.


    The meeting commenced at 6.00pm.




2   CONFIRMATION OF MINUTES

    Council Resolution

    Moved:           Cr Bolton
    Seconded:        Cr Wilkie

    The Minutes of the Special Meeting held on 29 June 2015 be received and confirmed.
                                                                                    Carried.

    Council Resolution

    Moved:           Cr Wellington
    Seconded:        Cr Pardon

    The Minutes of the Ordinary Meeting held on 2 July 2015 be received and confirmed.
                                                                                    Carried.




                                                                               Page 2 of 12

Section 3

ORDINARY MEETING MINUTES                                                          30 JULY 2015


3   MAYORAL MINUTES

    Cr Playford moved the following motion:

    1      NATIONAL HERITAGE LISTING FOR COOLOOLA REGION
           That Council write to the Australian Heritage Council requesting that all of Lot 7 MCH
           4562 – Reserve for Aircraft Landing Ground be included in the National Heritage
           Listing for the Cooloola Region.
                                                                                        Carried.




4   NOTIFIED MOTIONS

    Nil.




                                                                                   Page 3 of 12

Section 4

ORDINARY MEETING MINUTES                                                          30 JULY 2015


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
21 JULY 2015 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon, Noel Playford
Other Councillors in Attendance: Cr Frank Wilkie

The following Recommendations from the Infrastructure & Services Committee
were adopted without discussion or further amendment.

Council Resolution
Moved:            Cr Abbot
Seconded:         Cr Bolton

The Infrastructure & Services Committee recommendations dated 21 July 2015 be adopted.
                                                                                        Carried.




1    PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE - 4TH QUARTER 2014-15
     That Council note the report by the Director, Planning and Infrastructure to the
     Infrastructure and Services Committee Meeting dated 21 July 2015 providing an update on
     operations of the Planning and Infrastructure Department for the period 1 March 2015 to 30
     June 2015.


2    PARK ROAD BOARDWALK - DESIGN PRINCIPLES
     That Council note the report by Project Manager and Designer - Projects to the
     Infrastructure & Services Committee Meeting dated 21 July 2015 and;
     A.     Approve the objectives for the project as set out in the report;
     B.     Note that staff will re-establish the Project Reference Group used for the previously
            constructed stages of the Park Road Boardwalk; and
     C.     Authorise staff to engage with the Project Reference Group to further develop
            concept designs and to bring those designs to a future Council meeting prior to
            proceeding to detailed design.


3    TRAFFIC ADVISORY SPEED MANAGEMENT COMMITTEE JUNE 2015
     That Council note the report by the Technical Officer, Transport and Traffic to the
     Infrastructure & Services Committee Meeting dated 21 July 2015 detailing the key
     outcomes of the Noosa Traffic Advisory Committee and Speed Management Committee
     meeting dated 18 June 2015.


4    RESULTS OF CONSULTATION PROCESS, BLANFORDS COURT
     That Council note the report by the Project Officer to the Infrastructure & Services
     Committee Meeting dated 21 July 2015 and resolve to retain the spelling of Blanfords
     Court.

                                                                                   Page 4 of 12

Section 5

ORDINARY MEETING MINUTES                                                       30 JULY 2015


5   COMMUNITY SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2014-15
    That Council note the report by the Director Community Services to the Infrastructure &
    Services Committee Meeting dated 21 July 2015 providing an update on the operations of
    the Community Services Department for the period 1 April 2015 to 30 June 2015.


6   NOOSA AQUATIC CENTRE (NAC) UPDATE REPORT TO 30 JUNE 2015
    That Council note the report by the Noosa Aquatic Centre Coordinator to the Infrastructure
    & Services Committee Meeting dated 21 July 2015 providing an update on the activities of
    the Noosa Aquatic Centre to 30 June 2015.


7   THE J AND BICENTENNIAL COMMUNITY CENTRE UPDATE REPORT TO 30 JUNE
    2015
    That Council note the report by The J Coordinator to the Infrastructure & Services
    Committee Meeting dated 21 July 2015.providing an update on the activities of The J and
    Bicentennial Community Centre to 30 June 2015.


8   NOOSA COMMUNITY CARE UPDATE REPORT TO 30 JUNE 2015
    That Council note the report by the Noosa Community Care Coordinator to the
    Infrastructure & Services Committee Meeting dated 21 July 2015 providing an update on
    the activities of Noosa Community Care to 30 June 2015.


9   NOOSA LEISURE CENTRE (NLC) UPDATE REPORT TO 30 JUNE 2015
    That Council note the report by the Noosa Leisure Centre Coordinator to the Infrastructure
    & Services Committee Meeting dated 21 July 2015 providing an update on the activities of
    the Noosa Leisure Centre to 30 June 2015.




                                                                                 Page 5 of 12

Section 6

ORDINARY MEETING MINUTES                                                       30 JULY 2015


PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
21 JULY 2015 – Crs. Joe Jurisevic (Chair), Noel Playford, Tony Wellington, Frank Wilkie
Other Councillors in Attendance: Nil

The following Recommendations from the Planning & Infrastructure Committee
were adopted without discussion or further amendment.

Council Resolution
Moved:           Cr Jurisevic
Seconded:        Cr Wellington

The Planning & Organisation Committee recommendations dated 21 July 2015 be adopted.
                                                                                    Carried.


1    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN
     ENTERTAINMENT & DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AT 2/18
     DUKE STREET SUNSHINE BEACH (MCU15/0029)
     That Council note the report by the Coordinator Planning to the Planning & Organisation
     Committee Meeting dated 21 July 2015 regarding Application No. MCU15/0029 for a
     Development Permit for Entertainment & Dining Business Type 1 - Food & Beverages
     situated at Common Property & Unit 2, 18 Duke Street Sunshine Beach and approve the
     application in accordance with the conditions contained in the Planning & Organisation
     Committee Agenda dated 21 July 2015.


2    FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
     USE FOR A MIXED USE DEVELOPMENT (SERVICE STATION, SHOP, FAST FOOD
     RESTAURANT, CAR WASH, SELF STORAGE FACILITY AND TOURIST PARK AT 125
     MYALL STREET COOROY (MCU14/0056)
     Item not dealt with by Planning & Organisation Committee. Referred to General
     Committee for consideration
     Reason for referral – Significance of issue


3    REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL FOR A MATERIAL
     CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF
     STORAGE FACILITY) & OPERATIONAL WORKS SIGNAGE AT 64-66 RENE STREET,
     NOOSAVILLE (MCU14/0049.01)
     That Council note the report by the Coordinator Planning to the Planning & Organisation
     Committee Meeting dated 21 July 2015 regarding Application No. MCU14/0049.01 for a
     Request to Change an Existing Development Approval situated at 64-66 Rene Street,
     Noosaville and agree to issue a pre-request response generally in accordance with the
     following:
     A.     Amend Conditions 2 & 6 to read as follows:
            2.   Development undertaken in accordance with this approval must generally
                 comply with the approved plans of development. The approved plans are listed
                 below and are as amended by the conditions herein.



                                                                                Page 6 of 12

Section 7

ORDINARY MEETING MINUTES                                                            30 JULY 2015


                Plan No.              Rev.     Plan/Document Name                      Date
                11065-C-12            A        Fire Truck Turning Movement             17/03/15
                OGSS-001-01           G        Site Plan Stage 2                       18/9/14
                OGSS-001-02           G        Stage 2 Basement Floor Plan             18/9/14
                OGSS-001-03           G        Stage 3 Ground Floor Plan               18/9/14
                OGSS-001-04           G        Stage 3 Level 1 Floor Plan              18/9/14
                OGSS-001-05           G        Stage 3 Level 2 Floor Plan              18/9/14
                OGSS-001-06           G        Elevations 1 & 2                        18/9/14
                OGSS-001-07           G        Elevations 3 & 4                        18/9/14
                OGSS-001-08           G        Sections A-A & B-B                      18/9/14
                OGSS-001-09           G        Basement Location Plan                  18/9/14

         6.    The maximum height of the development must not exceed Reduced Level
               19.96 AHD.
    B.   Delete Condition 7.
    C.   Add a new condition to read:
         The fire truck parking area at the rear of the building must be kept clear and
         accessible at all times for emergency vehicles.


4   APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPS AND OFFICES
    SITUATED AT 2 EMERALD STREET, COOROY - MCU14/0091
    That Council note the report by the Development Planner to the Planning & Organisation
    Committee Meeting dated 21 July 2015 regarding Application No. MCU14/0091 for a
    Development Permit for Material Change of Use for Retail Business Type 2 – Shops (x3)
    and Commercial Business Type 1 – Offices (x 3) situated at 2 Emerald Street, Cooroy and
    approve the application in accordance with the conditions contained in the Planning &
    Organisation Committee Agenda dated 21 July 2015.


5   DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE
    AND UTILITY TYPE 3 (TOWER) AT 249 SCHREIBERS ROAD, COORAN (MCU15/0034)
    That Council note the report by the Development Planner to the Planning & Organisation
    Committee Meeting dated 21 July 2015 regarding Application No. MCU15/0034 for a
    Development Permit for Material Change of Use – Service and Utility Type 3 (Tower)
    situated at 249 Schreibers Road, Cooran and:
    A.   Approve the application in accordance with the conditions contained in the Planning
         & Organisation Committee Agenda dated 21 July 2015.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    The telecommunications facility will provide coverage for the NBN fixed wireless
               network, allowing for the delivery of higher speed data to rural residential
               households in the Cooran area; and
         2.    The proposal will not significantly impact on the visual or residential amenity of
               the locality as it is to be located near existing infrastructure, and is screened by
               existing vegetation.



                                                                                      Page 7 of 12

Section 8

ORDINARY MEETING MINUTES                                                        30 JULY 2015


6    PROPOSED KOALA OFFSET PLANTING ASSOCIATED WITH BRUCE HIGHWAY
     UPGRADE
     Item not dealt with by Planning & Organisation Committee. Referred to General
     Committee for consideration.
     Reason for referral – Cr Wellington disagrees with the recommendation


7    NOOSA KOALA CONSERVATION POLICY
     That Council note the report by the Principal Environment Officer to the Planning &
     Organisation Committee Meeting dated 21 July 2015 and:
     A.   Thank the public submitters and key stakeholders for contributing to the development
          of the Noosa Koala Conservation Policy;
     B.   Adopt the Noosa Koala Conservation Policy provided at Attachment 2 to the report;
          and
     C.   Commence the development of a Shire-wide Koala Conservation Plan to implement
          the policy.

8    WALLACE PARK FLYING FOXES
     That Council note the report by the Principal Environment Officer to the Planning &
     Organisation Committee Meeting dated 21 July 2015 and:
     A.   Engage an experienced consultant to develop a site based Flying Fox Management
          Plan for Wallace Park Bushland Reserve and allocate $7,000 for its preparation at
          the next budget review; and
     B.   Report the Flying Fox Management recommendations to a future Council meeting.


9    PROPOSED PLANNING SCHEME AMENDMENTS
     That Council note the report by the Principal Strategic Planner to the Planning &
     Organisation Committee Meeting dated 21 July 2015 and:
     A.   Agree to change the proposed amendments to the Planning Scheme in accordance
          with the Minister’s instructions and as outlined in the report; and
     B.   Authorise the commencement of public consultation on the proposed Planning
          Scheme amendments in accordance with the requirements of Statutory Guideline
          02/14 Making and Amending Local Planning Instruments.


10   CORPORATE SERVICES DEPARTMENT UPDATE - 4TH QUARTER 2014-15
     That Council note the report by the Acting Director Corporate Services to the Planning &
     Organisation Committee Meeting dated 21 July 2015 providing an update on operations of
     the Corporate Services Department for the period 1 April 2015 to 30 June 2015.


11   INTERIM FINANCIAL PERFORMANCE REPORT - JUNE 2015
     That Council note the report by the Manager Financial Services to the Planning &
     Organisation Committee Meeting dated 21 July 2015 providing the interim June 2015
     monthly financial performance report for the 2014/15 financial year.




                                                                                 Page 8 of 12

Section 9

ORDINARY MEETING MINUTES                                                        30 JULY 2015


12   AMENDMENT TO 2015-16 GENERAL COST RECOVERY AND COMMERCIAL FEES
     AND CHARGES SCHEDULES
     That Council note the report by the Financial Accountant to the Planning & Organisation
     Committee Meeting dated 21 July 2015 and adopt the additional General Cost Recovery
     and Commercial Fees and Charges as detailed in Attachment 1 to the report.


13   PROPOSED TENURE RENEWALS - COMMUNITY ORGANISATIONS
     That Council note the report by the Property and Facilities Manager to the Planning &
     Organisation Committee Meeting dated 21 July 2015 and:
     A.   Authorise the CEO to enter into tenure renewal negotiations with all community
          organisations outlined in Attachment 1 to the report in accordance with the
          Community Purpose Land and Infrastructure Tenure Policy; and
     B.   Apply the exception to the requirement for tendering of the leases under Section 236
          (1) (b) (ii) of the Local Government Regulation 2012 as the leases are to community
          organisations.


14   EXTENDED TRADING HOURS
     That Council note the report by the Executive Manager to the Planning & Organisation
     Committee Meeting dated 21 July 2015 and authorise the Chief Executive Officer to write
     to the Industrial Registrar at the Queensland Industrial Commission advising of Council’s
     opposition to Application TH/2014/23 by the National Retail Association.


15   EXECUTIVE DEPARTMENT UPDATE - 4TH QUARTER 2014-15
     That Council note the report by the Executive Manager to the Planning & Organisation
     Committee Meeting dated 21 July 2015 providing an update on operations of the Executive
     Office for the period 1 April to 30 June 2015.


16   COUNCIL POLICY REVIEW UPDATE
     That Council note the report by the Governance Advisor to the Planning & Organisation
     Committee Meeting dated 21 July 2015 and repeal the following Council Policies that
     transferred to Noosa Council under the Local Government (De-amalgamation
     Implementation) Regulation 2013:
     A.    Markets Policy;
     B.    Mayoral and Councillor Discretionary Funding;
     C.    Business Investment Policy;
     D.    Community Gardens Policy; and
     E.    Installation of an election advertising device.


17   ENVIRONMENT LEVY - OFFER TO
     PURCHASE LAND
     Item not dealt with by Planning & Organisation Committee. Referred to General
     Committee for consideration.
     Reason for referral – P&O Committee requested staff to draft a revised
     recommendation

                                                                                 Page 9 of 12

Section 10

ORDINARY MEETING MINUTES                                                         30 JULY 2015


GENERAL COMMITTEE RECOMMENDATIONS
27 JULY 2015 - Crs Frank Wilkie (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford and Tony Wellington

The following Recommendations from the General Committee were adopted
without discussion or further amendment.

Council Resolution
Moved:           Cr Wilkie
Seconded:        Cr Bolton

The General Committee recommendations dated 27 July 2015 be adopted.
                                                                                      Carried.



1    FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
     USE FOR A MIXED USE DEVELOPMENT (SERVICE STATION, SHOP, FAST FOOD
     RESTAURANT, CAR WASH, SELF STORAGE FACILITY AND TOURIST PARK AT 125
     MYALL STREET COOROY (MCU14/0056)
     That Council note the report by the Coordinator Planning to the Planning & Organisation
     Committee Meeting dated 21 July 2015 and refuse Application No. MCU14/0056 for a
     Development Permit for Material Change of Premises for a Mixed Use Development
     comprising: Retail Business Type 5 - Vehicle Uses (Service Station & Car Wash),
     Entertainment & Dining Business Type 1 - Food & Beverages (Fast Food Restaurant),
     Retail Business Type 2 – Shop (Convenience Retail), Industrial Business Type 1 –
     Warehouse (Self-Storage Facility), Visitor Accommodation Type 2 - Caravan Park (Tourist
     Park), situated at 125 Myall St, Cooroy for the following reasons:
     1.     The development raises significant conflicts with The Noosa Plan and its land use
            intent for the rural zone and water supply catchment area.
     2.     The development represents a substantial expansion of Cooroy’s commercial
            precincts that will further disperse and fragment its business centre, which is
            undesirable.
     3.     The development will compound existing traffic problems at the Myall Street & Elm
            Street intersection, which is undesirable.
     4.     The applicant has not demonstrated sufficient grounds exist to overcome the
            development’s conflicts with The Noosa Plan, with only low to moderate overall need
            apparent for the development.


2    PROPOSED KOALA OFFSET PLANTING ASSOCIATED WITH BRUCE HIGHWAY
     UPGRADE
     That Council note the report by the Manager, Planning & Environment to the Planning &
     Organisation Committee Meeting dated 21 July 2015 and agree to write to the Department
     of Transport and Main Roads requesting that:
     A.     The Department provide a commitment that koala habitat offset plantings associated
            with the Bruce Highway upgrade clearing in Noosa Shire be fully located within the
            Noosa Shire;
     B.     The Department consult with Noosa Council if further offset planting sites are
            required to meet their koala habitat offset obligations;


                                                                                 Page 10 of 12

Section 11

ORDINARY MEETING MINUTES                                                        30 JULY 2015




    C.   The Department reconsider the proposed koala habitat offset sites adjacent to the
         Bruce Highway and consult with Noosa Council on the location of appropriate offset
         sites that will result in a net benefit to koalas;
    D.   That such koala habitat offset sites under consideration not be restricted to
         Department owned land; and
    E.   The koala habitat offset areas be protected from future development impacts on
         habitat by permanently securing the sites for conservation purposes in accordance
         with the Offsets for Net Gain of Koala Habitat in South East Queensland Policy.




3   ENVIRONMENT LEVY - OFFER TO PURCHASE LAND
    That Council note the report by the Principal Environment Officer to the Planning &
    Organisation Committee Meeting dated 21 July 2015 and agree to:
    A.   Advise the owner of Lot 2 SP265110 that Council declines the offer to purchase the
         property due to the price at which the land was offered for sale and that Council will
         be seeking an independent valuation of Lot 2SP265110 and the adjoining Lot 25
         SP104706; and
    B.   Engage an independent valuer to undertake valuations of Lot 2SP265110 and Lot
         25SP104706.




                                                                                Page 11 of 12

Section 12

ORDINARY MEETING MINUTES                                                 30 JULY 2015


6    ORDINARY MEETING REPORTS

     Nil.




7    PETITIONS

     Nil.




8    CLOSED SESSION

     Nil.




9    NEXT MEETING

     The next Ordinary Meeting will be held on 27 August 2015 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 6.07pm.




                                                                         Page 12 of 12

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