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2019-04-18 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting

              Thursday, 18 April 2019

                    commencing at 6pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                     18 APRIL 2019


1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Councillor T Wellington, Mayor
    Councillor F Wilkie, Deputy Mayor
    Councillor J Glasgow
    Councillor I Jackson
    Councillor J Jurisevic
    Councillor B Stockwell

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    M Shave, Director Corporate Services
    A Dow, Acting Director Environment & Sustainable Development
    D Iezzi, Director Executive Services
    C Billingham, Director Infrastructure Services

    APOLOGIES
    Councillor F Pardon

    The meeting commenced at 6.01pm.




2   CONFIRMATION OF MINUTES

    Council Resolution
    Moved:          Cr Glasgow
    Seconded:       Cr Jurisevic
    The Minutes of the Ordinary Meeting held on 21 March 2019 be received and confirmed.
                                                                                    Carried.




3   MAYORAL MINUTES

    Nil.




                                                                                Page 2 of 17

Section 3

ORDINARY MEETING MINUTES                                                           18 APRIL 2019


4   PETITIONS

    1      PETITION: REQUEST FOR COUNCIL TO ADVOCATE ON BEHALF OF NOOSA
           RESIDENTS REGARDING THE PROPOSED NEW FLIGHT PATHS OF THE
           SUNSHINE COAST AIRPORT
           Council Resolution
           Moved:           Cr Stockwell
           Seconded:        Cr Jurisevic
           That the petition tabled by Cr Stockwell requesting that Council advocate on behalf of
           Noosa Residents regarding the proposed new flight paths of the Sunshine Coast airport
           by:
           1.    Seeking a one month extension to the Airservices Australia submission period to
                 31 May 2019;
           2.    Preparing a comprehensive Council submission into the impacts of the proposed
                 new flight paths on Noosa Shire;
           3.    Requesting Sunshine Coast Regional Council conduct an EIS for Lake Weyba,
                 Noosa National Park and the coastal dunes of Castaways and Marcus Beach; and
           4.    Working with the Sunshine Coast Regional Council to investigate new flight paths
                 north of the project area;
           be received and referred to the Chief Executive Officer to determine appropriate action.
                                                                                          Carried.


5   NOTIFIED MOTIONS

    Nil.




                                                                                      Page 3 of 17

Section 4

ORDINARY MEETING MINUTES                                                           18 APRIL 2019


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
9 APRIL 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and Frank Wilkie
(Acting Mayor)
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Frank Pardon (for items 1 & 2)

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

Council Resolution
Moved:           Cr Jackson
Seconded:        Cr Stockwell
The Planning & Environment Committee recommendations dated 9 April 2019 be adopted.
                                                                                        Carried.




1    MCU19/0016 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
     DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
     SEAVIEW TERRACE, SUNSHINE BEACH
     That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
     due to the significance of the issue.



2    MCU19/0007 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
     (ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT AND
     FITNESS (FITNESS CENTRE), SITUATED AT 26 PROJECT AVENUE, NOOSAVILLE
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0007 for a
     Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation
     amusement fitness (Fitness Centre) situated at 26 Project Avenue, Noosaville 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 authorised by this approval must be undertaken generally in
                 accordance with the Approved Plans listed within this Decision Notice.




                                                                                    Page 4 of 17

Section 5

ORDINARY MEETING MINUTES                                                             18 APRIL 2019


                Plan No.       Plan Name                                               Date
                D-11801-01A    Proposal Plan (site plan), drawn by Lynda McDougall     10/12/2018
                D-11801-02A    Ground Floor Plan, drawn by Lynda McDougall             10/12/2018
                D-11801-03A    East and West Elevations and mezzanine plan, drawn      10/12/2018
                               by Lynda McDougall
                D-11801-03A    South and    North   Elevations,   drawn   by Lynda     10/12/2018
                               McDougall

        Nature and Extent of Approved Use
        3.   Approval is for a Fitness Centre totalling a maximum floor area of 377m2 including
             the amenity building.
        Operating Hours and Class Times
        4.   The hours of operation and staff and patron numbers for the development must
             comply with the following requirements:
             a.     The hours of operation for the approved use is limited to the hours between
                    5.00am and 9.00pm daily;
             b.     The number of people (patrons and staff) must not exceed 15 people at any
                    one time.
             c.     Group classes must have a minimum 15 minute break between the
                    conclusion of a class and the beginning of the next.
        Noise
        5.   Noise nuisance beyond the boundary of the site shall not exceed the levels
             specified in Table 1.
        Table 1

                NOISE LEVELS AT COMMERCIAL PLACE

                PERIOD          Noise level at a commercial place measured as the adjusted
                                maximum sound pressure level (Lamax, adj,T)

                5am – 6pm       Background noise level plus 10 dB(A)

                6pm – 10pm      Background noise level plus10 dB(A)

                10pm – 7am      Background noise level plus 8 dB(A)

        Amenity
        6.   The development must be undertaken and operated in a manner that causes no
             detrimental effect upon the amenity of the area by reason of the creation of
             excessive noise, lighting nuisance or other emissions.
        Advertising Signage
        7.   Any advertising sign or device must comply with Council's policies on advertising
             devices.
        Bicycle spaces and amenities
        8.   Facilities for 4 bicycle spaces must be provided for the approved use and be made
             available at all times to patrons and staff at the commencement of the use. Indicate
             their locations with an Operational Works application.

                                                                                      Page 5 of 17

Section 6

ORDINARY MEETING MINUTES                                                           18 APRIL 2019


        9.    Shower and toilet facilities must be in accordance with the approved plans and
              available at the commencement of the use.
        Landscaping Works
        10.   The development site must be landscaped. The works must be undertaken in
              accordance with an Operational Works approval and the Noosa Plan for that
              specific area and must include in particular:
              a.   The extent of works shown on the approved Site Plan (D-11801-01A);
              b.   An average of a 2 metre wide landscaping strip is to be provided along the
                   Project Avenue road frontage of the subject site, exclusive of the access
                   driveway and generally uncompromised by infrastructure items;
              c.   All landscape works must be established and maintained in accordance with
                   the approved design for the life of the development, and in a manner that
                   ensures healthy, sustained and vigorous plant growth. All plant material
                   must be allowed to grow to full form and be refurbished when its life
                   expectancy is reached;
              d.   All landscape works must be maintained generally in accordance with the
                   approved design for the life of the development.
        Site Access and Driveways
        11.   A sealed access driveway must be provided from Project Avenue to all parking and
              manoeuvring areas of the development. The works must be undertaken in
              accordance with an Operational Works approval and must include in particular a
              driveway crossover in accordance with Council’s Standard Drawing RS-051 and
              any associated addendums.
        Car Parking
        12.   A minimum of 13 car parking 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.   11 visitor parking spaces (including scooter) within the total, which are clearly
                   marked for that purpose and accessible at all times for visitor use;
              b.   Car spaces 10 & 11 dedicated as staff parking spaces, which are clearly
                   marked for that purpose;
              c.   Dimensions, crossfalls and gradients in accordance with Australian Standard
                   AS/NZS2890.1:2004 for the relevant user class.
        13.   All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
        14.   Directional signage must be provided to direct visitors and customers to the car
              parking spaces provided on site.
        Stormwater Drainage
        15.   The site must be provided with a stormwater drainage system connecting to a
              lawful point of discharge. The works must be undertaken in accordance with an
              Operational Works approval and must include in particular:
              a.   Collection of runoff from the building and hardstand areas;
              b.   Discharge to Council’s drainage system in Project Avenue and/or to a
                   suitable easement.



                                                                                     Page 6 of 17

Section 7

ORDINARY MEETING MINUTES                                                            18 APRIL 2019


         Electricity and Telecommunication Services
         16.   Unless otherwise stipulated by telecommunications legislation at the time of
               construction, the development must be provided with all necessary conduits, pits
               and pipes to accommodate the future connection of optic fibre technology
               telecommunications.
         17.   Certification must be submitted to Council from all relevant service providers which
               certifies that the development has met the requirements of this Decision Notice
               and all applicable legislation at the time of construction.
         Easements
         18.  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.
         19. 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.
         20. 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
         21.   All fill and associated retaining walls/batters must be contained entirely within the
               subject site unless written permission from the respective landowner(s) is provided
               to Council. All earthworks must be undertaken in accordance with the provisions
               of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
               Residential Developments.
         Damage to Services and Assets
         22.  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.
         Performance Bond
         23.   Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
               must be submitted to Council, to secure performance of all conditions of this
               approval, prior to the issue of a Development Permit for Operational Works. The
               cash bond or trading bank guarantee will be returned on performance of the
               conditions of approval less any costs incurred by Council in respect of enforcing
               performance of this permit. Council reserves the right to call upon the bond or
               guaranteed sum to effect compliance with conditions.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    Some sport and recreational uses are accepted in the Industry Zone given the
               potential impacts of sport and recreation uses; and
         2.    The fitness centre relies on a large floor area that can be facilitated in an Industry
               zone, unlike other zones where it would be difficult to locate.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


                                                                                       Page 7 of 17

Section 8

ORDINARY MEETING MINUTES                                                         18 APRIL 2019


3   MCU16/0079.03 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5
    MEMORIAL DRIVE, TEWANTIN
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 9 April 2019 regarding Application No. MCU16/0079.03 to make a
    minor change to an existing approval for extensions to the RSL club situated at 5 Memorial
    Avenue, Tewantin, described as Lot 10 on SP 273411 and:
    A.   Refuse the change for the following reasons:
         1.    In accordance with architectural commentary at the time of the assessment of the
               original application the screens are required to reduce the impact of the building
               and provide visual interest to the building and streetscape.
         2.    The building form presents as a back of house/ service area to Pelican Street with
               limited opportunity for landscaping to screen the building. The proposed
               presentation to Pelican Street is not an appropriate response to the local
               streetscape and is not reflective of the Tewantin character.
         3.    The screens are required to ensure the building meets the overall specific
               outcomes of the Tewantin and Doonan Locality Code.
    B.   Consider the amended colour on the louvres as Generally in Accordance with the original
         approval.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



4   OPW19/0046 - DEVELOPMENT APPLICATION FOR OPERATIONAL                                WORKS
    (ADVERTISING DEVICE) SITUATED AT 1/100 RENE STREET, NOOSAVILLE
    That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
    for further consideration.


5   PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M DESIGN &
    FOURTEEN ENTERPRISES) - REFUSAL OF A MINOR CHANGE TO A DEVELOPMENT
    APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
    TERRACE, SUNSHINE BEACH
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 9 April 2019 regarding Planning & Environment Court
    Appeal No. 245 of 2019 and agree to defend the appeal.


6   ENVIRONMENT LEVY POTENTIAL
    LAND ACQUISITION - LOT 3 RP186809
    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
    due to the significance of the issue.




                                                                                   Page 8 of 17

Section 9

ORDINARY MEETING MINUTES                                                            18 APRIL 2019


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
9 APRIL 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, & Frank Wilkie
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Stockwell

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

Council Resolution
Moved:            Cr Jurisevic
Seconded:         Cr Glasgow
The Services & Organisation Committee recommendations dated 9 April 2019 be adopted.
                                                                                           Carried.




1    SOLE AND SPECIALISED SUPPLIER LISTINGS
     That Council note the report by the Procurement & Contracts Advisor to the Services &
     Organisation Committee Meeting dated 9 April 2019 and adopt:
     A.     The Sole Supplier List provided at Attachment 1, for the next twelve (12) months; and
     B.     The Specialised Supplier List provided at Attachment 2, for the next twelve (12) months.


2    PROPOSED LEASE OF SHOP 3 SUNRISE BEACH NEIGHBOURHOOD SHOPPING
     CENTRE, 2 GRASSTREE CT, SUNRISE BEACH
     That Council note the report by the Property Advisor to the Services & Organisation Committee
     Meeting dated 9 April 2019 regarding the commercial lease of Council premises at Shop 3,
     Sunrise Beach Neighbourhood Shopping Centre and:
     A.     Note the previously proposed lease of the premises to Casey Reid & Julie Sevier
            reported to Council in August 2018 did not proceed;
     B.     Agree to enter a commercial lease of the premises to NEPP Pty Ltd (ATF The Parcheta
            Family Trust) for a three year term, as generally outlined in the report;
     C.     Agree to an initial rent-free period of 4 months; and
     D.     Authorise the CEO to award two subsequent lease extensions of 3 years, subject to the
            lessee complying with the terms of the lease.


3    NOOSA NORTH SHORE FERRY SERVICE REVIEW AND LEASE EXTENSION
     That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
     due to the significance of the issue.




                                                                                      Page 9 of 17

Section 10

ORDINARY MEETING MINUTES                                                     18 APRIL 2019


4   NOOSA NORTH SHORE BEACH CAMPGROUND - PROPOSED MANAGEMENT
    AGREEMENT EXTENSION
    That Council note the report by the Property Manager to the Services & Organisation
    Committee Meeting dated 9 April 2019 and authorise the CEO to enter into an interim
    management agreement for the Noosa North Shore Campground with Beachfront Caravan
    Park Pty Ltd for 11 months commencing 1 May 2019.


5   WASTE MANAGEMENT - 6 MONTHLY REPORT
    That Council note the report by the Waste Coordinator to the Services and Organisation
    Committee Meeting dated 9 April 2019, providing an update on the activities of the Waste
    Section for the first six months of financial year 2018/19.


6   UPDATE TO ORGANISATIONAL STRUCTURE
    That Council note the report by the Director Executive Services to the Services and
    Organisation Committee meeting dated 9 April 2019 regarding the update to Council’s
    organisation structure as detailed within the report.




                                                                              Page 10 of 17

Section 11

ORDINARY MEETING MINUTES                                                              18 APRIL 2019


GENERAL COMMITTEE RECOMMENDATIONS
15 APRIL 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington

1    MCU19/0016 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
     DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
     SEAVIEW TERRACE, SUNSHINE BEACH
     Council Resolution
     Moved:            Cr Stockwell
     Seconded:         Cr Jurisevic
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0016 for a
     Development Application for Material Change of Use for a Detached House seaward of the
     coastal building line, situated at 54 Seaview Terrace, Sunshine Beach and:
     A.   Refuse Application No. MCU19/0016 for the following reasons:
          1.     The proposal is in conflict with the assessment benchmarks of the State Planning
                 Policy as it proposes development in an Erosion Prone Area and Natural Hazard
                 Area and presents an unacceptable risk to people and property from coastal
                 processes, including the projected impacts of climate change.
          2.     The proposal is contrary to the provisions of the Planning Scheme in that it
                 proposes development:
                 a.    in the Landslide Hazard Area thereby placing people and property at risk and
                       does not maintain the natural processes and protection function of land forms
                       and vegetation contrary to the provisions of the Natural Hazards Overlay
                       Code.
                 b.    in the Coastal Protection Area extending seaward of the Coastal Building
                       Line and is likely to adversely impact upon natural coastal processes contrary
                       to the requirements of the Natural Resources Code.
                 c.    which does not protect the dunal area and natural environmental nor
                       maintain the safety of people and works contrary to the Overall Outcomes
                       for the Eastern Beaches Locality.
          3.     The proposal is contrary to the provisions of the draft Planning Scheme in that it
                 proposes development:
                 a.    in the Coastal Protection Area extending seaward of the Coastal Building line
                       and does not allow for natural fluctuations of the coast and foreshore to
                       occur, including allowance of climate change.
                 b.    which has not been sited to minimise the risk from coastal processes as the
                       development has not been located as far landward as practicable to ensure
                       people and property are not at risk from coastal hazards and avoid the need
                       for additional coastal protection works.
          4.     Recent modelling carried out by the Council indicates significant erosion is likely to
                 occur in the future which may threaten life and property should the proposed
                 development proceed.
          5.     Given the site is affected by the Coastal Building Line and is located in a highly
                 vulnerable erosion prone area, the proposed 6m setback is not sufficient to
                 minimise the risk of erosion.
     B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



                                                                                       Page 11 of 17

Section 12

ORDINARY MEETING MINUTES                                                              18 APRIL 2019


     Cr Jackson called for a division on the voting. The motion was carried 5/1.

     For:         Crs. Wilkie, Stockwell, Jurisevic, Glasgow and Wellington.
     Against:     Cr Jackson.



3    ENVIRONMENT LEVY POTENTIAL
     LAND ACQUISITION – LOT 3 RP186809
     Council Resolution
     Moved:             Cr Wellington
     Seconded:          Cr Glasgow
     That this matter be deferred and considered during the confidential session (Agenda Item 8).
                                                                                              Carried.



4    NOOSA NORTH SHORE FERRY SERVICE REVIEW AND LEASE EXTENSION
     Council Resolution
     Moved:             Cr Stockwell
     Seconded:          Cr Jackson
     That Council note the report by the Property Advisor to the Services & Organisation Committee
     Meeting dated 9 April 2019 and:
     A.     Note the operator’s request for a 5-year extension to the existing ferry lease;
     B.     Subject to obtaining the operator’s agreement, agree to only extend the lease for 3 years
            from 1 July 2019 to 30 June 2022 at this time, with the remaining balance 2 year
            extension period to be further considered prior to the lease expiry to allow Council to
            investigate opportunities for digital technology introduction; and
     C.     Request staff further investigate opportunities for a simplified concession system, as
            outlined in the report.
                                                                                              Carried.



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

Council Resolution
Moved:            Cr Wilkie
Seconded:         Cr Jackson
The General Committee recommendations dated 15 April 2019 be adopted except where dealt with
or held over by separate resolution.
                                                                                   Carried.




                                                                                       Page 12 of 17

Section 13

ORDINARY MEETING MINUTES                                                            18 APRIL 2019


2   OPW19/0046 – DEVELOPMENT APPLICATION FOR OPERATIONAL                                   WORKS
    (ADVERTISING DEVICE) SITUATED AT 1/100 RENE STREET, NOOSAVILLE
    That Council note the report by the Contract Planner to the Planning & Environment Committee
    Meeting dated 9 April 2019 regarding Application No. OPW19/0046 for a Development Permit
    for Operational Works - Signage, situated at Noosa Metro Innovation Park, 1/100 Rene Street,
    Noosaville and:
    A.   Refuse the application for the following reasons:
         1.    The application proposes an Advertising Device in the form of a Wall Sign in excess
               of 4m2 signface area which is inconsistent with:
               i.     Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being
                      that:
                      a.   The proposed advertising device does not complement and detracts
                           from the desirable characteristics of the natural and built environment
                           in which the advertising devices are exhibited;
                      b.   The proposed advertising device is not designed and integrated into
                           the built form so as to minimise visual clutter;
                      c.   The proposed Advertising Device exceeds the legitimate need to
                           provide directions and business identification in a manner that is
                           consistent with achieving the codes overall outcomes; and
                      d.   Signs with a signface area exceeding 4m² are not located in Noosa
                           Shire.
               ii.    Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being
                      that:
                      a.   Signs with a signface area exceeding 4m² are inconsistent with the
                           overall outcomes sought by this Code and are not located in Noosa
                           Shire;
                      b.   The proposed sign is not compatible with the existing and future
                           planned character of the locality in which it is situated;
                      c.   The proposed sign is not designed, sited and integrated to not
                           contribute to the proliferation of visual clutter and to not unduly
                           dominate the visual landscape; and
                      d.   The proposed sign is not of a scale, proportion and form that is
                           appropriate to the streetscape in which it is located.
               iii.   Probable Solutions of The Noosa Plan’s Advertising Devices Code, being
                      that:
                      a.   Advertising devices do not include signs with a signface area
                           exceeding the Acceptable Solutions of this Code or 4m², whichever is
                           the lessor; and
                      b.   General design and amenity complies with the specific requirements
                           for all types of advertising devices, including a Wall Sign, do not exceed
                           a maximum signface area of 4m².
    B.   With regard to the other existing Window Sign advise the applicant to:
         1.    Make the Window Sign compliant with the Advertising Devices Code’s Acceptable
               Solutions; or
         2.    Remove the Window Sign; or
         3.    Lodge a development application seeking approval for the Window Sign.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

                                                                                     Page 13 of 17

Section 14

ORDINARY MEETING MINUTES                                                           18 APRIL 2019


5   DRAFT EVENTS POLICY FOR NOOSA SHIRE
    That Council note the report by the Property Advisor to the General Committee Meeting dated
    15 April 2019 regarding the Draft Events Policy for Noosa Shire and agree to adopt the Draft
    Policy (provided as Attachment 1 to the report) for the purpose of proceeding to community
    consultation.


6   BOREEN POINT CAMPGROUND MANAGEMENT SERVICES CONTRACT - TENDER
    1819T047
    That Council note the report by the Property Manager to the General Committee Meeting dated
    15 April 2019 and:
    A.   Award contract 1819T047 to 1Eight Pty Ltd for the Boreen Point Management Services
         Contract for an initial three (3) year period commencing 1 May 2019; and
    B.   Authorise the Chief Executive Officer to exercise future options to extend the contract for
         a further 2 x 1 year periods subject to satisfactory performance at Council’s sole
         discretion.



7   COMMERCIAL HIGH USE PERMIT APPLICATION - RYDE GREEN PTY LTD (NEON RIDE)
    That Council note the report by the Property Manager to the General Committee Meeting dated
    15 April 2019 regarding the application from Neon Ride for a Commercial High Use Permit;
    and
    A.   Refuse the Commercial High Use Permit application from Ryde Green Pty Ltd (Neon
         Ride); and
    B.   Refuse any application received from electric scooter businesses or any other shared
         mobility device business seeking to operate on Council controlled community land until
         the risks associated with identified issues in other local government areas have been
         comprehensively assessed by Council and an appropriate evidence based management
         strategy has been developed in response to manage those issues (detailed as Option 2
         in the report) and community consultation carried out before any final approval of the
         management strategy by Council.


8   BUDGET REVIEW 3 (BR3) FOR THE 2018-19 FINANCIAL YEAR
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 15 April 2019 and approve the proposed changes to the budget for the 2018/19
    financial year as outlined in the Revised Budget Financial Statements attached to the report.


9   FINANCIAL PERFORMANCE REPORT - MARCH 2019
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 15 April 2019 outlining March 2019 year to date financial performance against
    budget.




                                                                                     Page 14 of 17

Section 15

ORDINARY MEETING MINUTES                                                                              18 APRIL 2019


7   ORDINARY MEETING REPORTS


    1                        PROPOSED FLIGHT PATH CHANGES FOR SUNSHINE COAST AIRPORT
    Document i nformati on




                             Motion
                             Moved:           Cr Wellington
                             Seconded:        Cr Glasgow
                             That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated
                             18 April 2019 and request the Chief Executive Officer to make a submission in relation
                             to the proposed changes to flight paths for the Sunshine Coast Airport with such
                             submission:
                             A.   To focus on the establishment of a curfew similar to Gold Coast Airport (enforced
                                  by legislation) to minimise the impact of noise from flights on the amenity of
                                  residents in order to protect and maintain the Noosa lifestyle and environment;
                             B.   To request from Airservices Australia a detailed explanation as to why the intensity
                                  of flight numbers over the coastal flight path versus hinterland flight path has
                                  changed; and
                             C.   To request Airservices Australia to extend their community consultation process
                                  by 1 month to provide more time for Noosa residents to lodge submissions in
                                  relation to the proposal.


                             Amendment No. 1
                             Moved:          Cr Jackson
                             Seconded:       Cr Wilkie
                             That a new Item D be added to the motion to read:
                             D.   And request Federal Members Llew O’Brien and Ted O’Brien to support Council’s
                                  position on this matter.
                                                                                                      Carried.


                             Amendment No. 2
                             Moved:           Cr Jurisevic
                             Seconded:        Cr Stockwell
                             That the motion be amended to add a new Item D to read as follows (and the subsequent
                             renumbering of existing Item D to Item E):
                             D.   Request Sunshine Coast Regional Council to conduct an independent EIS for Lake
                                  Weyba, plus Noosa National Park and the coastal dunes within the Castaways and
                                  Marcus Beach area.
                                                                                                             Carried.




                                                                                                       Page 15 of 17

Section 16

ORDINARY MEETING MINUTES                                                          18 APRIL 2019


         Council Resolution
         Moved:            Cr Wellington
         Seconded:         Cr Glasgow
         That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated
         18 April 2019 and request the Chief Executive Officer to make a submission in relation
         to the proposed changes to flight paths for the Sunshine Coast Airport with such
         submission:
         A.    To focus on the establishment of a curfew similar to Gold Coast Airport (enforced
               by legislation) to minimise the impact of noise from flights on the amenity of
               residents in order to protect and maintain the Noosa lifestyle and environment;
         B.    To request from Airservices Australia a detailed explanation as to why the intensity
               of flight numbers over the coastal flight path versus hinterland flight path has
               changed;
         C.     To request Airservices Australia to extend their community consultation process
                by 1 month to provide more time for Noosa residents to lodge submissions in
                relation to the proposal;
         D.     Request Sunshine Coast Regional Council to conduct an independent EIS for Lake
                Weyba, plus Noosa National Park and the coastal dunes within the Castaways and
                Marcus Beach area;
         E.     And request Federal Members Llew O’Brien and Ted O’Brien to support Council’s
                position on this matter.

         Cr Stockwell called for a division on the voting. The motion was carried 6/0.

         For:        Crs. Wellington, Wilkie, Stockwell, Jurisevic, Jackson and Glasgow.
         Against:    Nil.



8   CLOSED SESSION

    CLOSURE OF THE MEETING TO THE PUBLIC

    Council Resolution
    Moved:            Cr Glasgow
    Seconded:         Cr Jackson
    That the meeting be closed to the public pursuant to section 275(1)(e) of the Local Government
    Regulation 2012 for the purpose of discussing Item 3 – Environment Levy Potential Land
    Acquisition – Lot 3 RP186809.
                                                                                          Carried.

    RE-OPENING OF THE MEETING TO THE PUBLIC

    Council Resolution
    Moved:            Cr Jurisevic
    Seconded:         Cr Glasgow
    That the meeting be re-opened to the public.
                                                                                          Carried.

                                                                                    Page 16 of 17

Section 17

ORDINARY MEETING MINUTES                                                           18 APRIL 2019


     1    ENVIRONMENT LEVY POTENTIAL
          LAND ACQUISITION – LOT 3 RP186809
          Council Resolution
          Moved:            Cr Stockwell
          Seconded:         Cr Jurisevic
          That Council note the report by the Principal Environment Officer to the Planning &
          Environment Committee Meeting dated 9 April 2019 and:
          A.    Authorise the Chief Executive Officer to negotiate the purchase of Lot 3 RP186809
                up to the valuation obtained by Council;
          B.    Remove the confidentiality in relation to this report upon the signing of a contract
                to purchase Lot 3 RP186809; and
          C.    Note that, subject to recent advice, the opportunity for a future subdivision of the
                land for the purpose of a Revolving Fund appears not to be in accord with the South
                East Queensland Regional Plan.
                                                                                           Carried.


9    NEXT MEETING

     The next Ordinary Meeting will be held on 16 May 2019 at the Cooran Memorial School of Arts
     Hall, 14 King Street, Cooran commencing at 6pm.




10   MEETING CLOSURE

     The meeting closed at 7.33pm.




                                                                                     Page 17 of 17

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