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2020-11-16 General Committee Minutes
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MINUTES
General Committee
Meeting
Monday, 16 November 2020
10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development (for reports 1 - 3)
C Billingham, Director Infrastructure Services (for report 5)
The meeting commenced at 10.03am
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Finzel
Seconded: Cr Stewart
The Minutes of the General Committee Meeting held on 12 October 2020 be received and
confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 17
Section 3
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
5 ITEMS REFERRED FROM COMMITTEES
1 132008.1128.04 REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MULTIPLE HOUSING - TYPE 3 RETIREMENT & SPECIAL NEEDS; COMMERCIAL
BUSINESS - TYPE 2 MEDICAL AND RECONFIGURING A LOT (1 INTO 2 LOTS) AT
GRASSTREE COURT AND BEN LEXCEN DRIVE, SUNRISE BEACH
Committee Recommendation
Moved: Cr Lorentson
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the Planning &
Environment Committee Meeting dated 10 November 2020 regarding Application No.
132008.1128.04 to make a minor change to an existing approval for Development
Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special
Needs; Commercial Business – Type 2 Medical and Development Permit for
Reconfiguring a Lot (1 into 2 lots) situated at Grasstree Court, Sunrise Beach and:
A. Approve the change.
B. Amend conditions 1, 5, 7, 12, 14, 23, 33, 35, 40, 41 and 81 to read as follows:
PLANNING
General
1. The development must be undertaken in accordance with this approval and
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 Name Date
7448-06 Lots 1 & 9 Cancelling Lot 1 on 15 May 2008
SP177650 Prepared by Conics
(Sunshine Coast) Pty Ltd
DA_106 3 Masterplan prepared by Thomson 15 October 2020
Adsett Architects
DA_107 4 Staging Plan prepared by Thomson 15 October 2020
Adsett Architects
DA_108 3 Precincts Plan prepared by Thomson 15 October 2020
Adsett Architects
DA_109 3 Pedestrian Circulation prepared by 15 October 2020
Thomson Adsett Architects
DA_110 3 Vehicular Circulation prepared by 15 October 2020
Thomson Adsett Architects
DA_111 3 Building Setbacks prepared by 15 October 2020
Thomson Adsett Architects
DA_112 3 Landscaping Calculation prepared by 15 October 2020
Thomson Adsett Architects
DA_113 3 Site Cover Calculations prepared by 15 October 2020
Thomson Adsett Architects
DA_114 3 Masterplan/Parking Layout prepared by 15 October 2020
Thomson Adsett Architects
DA_115 Typical Site Section A prepared by November 2018
Smith + Tracey Architects
DA_116 External Finishes Schedule prepared November 2018
by Smith + Tracey Architects
Page 3 of 17
Section 4
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
DA_117 2 Area Schedules prepared by Thomson 15 October 2020
Adsett Architects
DA_118 6 Residential Aged Care – Ground Floor 15 October 2020
Plan prepared by Thomson Adsett
Architects
DA_119 5 Residential Aged Care – First Floor 15 October 2020
Plan prepared by Thomson Adsett
Architects
DA_120 4 Residential Aged Care – Roof Plan 15 October 2020
prepared by Thomson Adsett Architects
DA_121 3 Residential Aged Care – N and W 15 October 2020
Elevations prepared by Thomson
Adsett Architects
DA_122 4 Residential Aged Care – S and E 15 October 2020
Elevations prepared by Thomson
Adsett Architects
DA_123 3 Residential Aged Care – Typical 15 October 2020
Sections prepared by Thomson Adsett
Architects
DA_124 Residential Aged Care – Village Site November 2018
Plan prepared by Smith + Tracey
Architects
DA_125 Central Facilities & ILAs – Basement November 2018
Car Park prepared by Smith + Tracey
Architects
DA_126 Central Facilities & ILAs – Ground Floor November 2018
Plan prepared by Smith + Tracey
Architects
DA_127 Central Facilities & ILAs – Level 1 First November 2018
Floor Plan prepared by Smith + Tracey
Architects
DA_128 Independent Living Apartment Type a1- November 2018
2b (& handed) prepared by Smith +
Tracey Architects
DA_130 Central Facilities & ILAS – S & W November 2018
elevations
DA_131 Central Facilities & ILAs – E Elevation November 2018
and Typical Section prepared by Smith
+ Tracey Architects
DA_132 Central Facilities & ILAs – N Elevation November 2018
& Typical Section prepared by Smith +
Tracey Architects
DA_133 Apartment Buildings – Basement Plan November 2018
prepared by Smith + Tracey Architects
DA_134 Apartment Buildings – Ground Floor November 2018
Plan prepared by Smith + Tracey
Architects
DA_135 Apartment Buildings – First Floor Plan November 2018
prepared by Smith + Tracey Architects
DA_136 Apartment Type a2-2b & type a3-3b November 2018
prepared by Smith + Tracey Architects
Page 4 of 17
Section 5
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
DA_137 Apartment Buildings – E & W November 2018
Elevations prepared by Smith + Tracey
Architects
DA_138 Apartment Buildings – Typical N November 2018
Elevation & Section prepared by Smith
+ Tracey Architects
DA_139 Apartment Building 4 / Roof Plan November 2018
prepared by Smith + Tracey Architects
DA_1340 Apartment Building 4 / Sections November 2018
prepared by Smith + Tracey Architects
DA_141 Apartment Building 3 / Roof Plan November 2018
prepared by Smith + Tracey Architects
DA_142 Apartment Building 3 / Sections November 2018
prepared by Smith + Tracey Architects
DA_143 Apartment Building 2 / Roof Plan November 2018
prepared by Smith + Tracey Architects
DA_144 Apartment Building 2 / Sections November 2018
prepared by Smith + Tracey Architects
DA_145 Apartment Building 1 / Roof Plan November 2018
prepared by Smith + Tracey Architects
DA_146 Apartment Building 1 / Sections November 2018
prepared by Smith + Tracey Architects
DA_147 Apartment Buildings – Photo Montage November 2018
from National Park prepared by Smith +
Tracey Architects
DA_148 ILU Type C (2B-1G) prepared by Smith November 2018
+ Tracey Architects
DA_149 ILU Type C (3B-2G) prepared by Smith November 2018
+ Tracey Architects
DA_150 ILU Type D (3B-2G) prepared by Smith November 2018
+ Tracey Architects
DA_151 ILU Type H1 (2B-1G) + K1 (3B-2G) November 2018
prepared by Smith + Tracey Architects
DA_152 ILU Type H2 (2B-1G) + H2 (3B-2G) November 2018
prepared by Smith + Tracey Architects
DA_153 Independent Living Units – Roof Plans November 2018
prepared by Smith + Tracey Architects
DA_154 Independent Living Units – Elevation November 2018
Sheet 1 prepared by Smith + Tracey
Architects
DA_155 Independent Living Units – Elevation November 2018
Sheet 2 prepared by Smith + Tracey
Architects
DA_156 Independent Living Units – Typical November 2018
Sections prepared by Smith + Tracey
Architects
Page 5 of 17
Section 6
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
Nature and Extent of Approved Use
5. The approved development comprises the following:
Multiple Housing – Type 3 Retirement & Special Needs (122
independent living units and apartments and 102 aged care beds)
Commercial Business – Type 2 Medical (as indicated on approved
plans)
Staging
7. The development must be staged in accordance with the plan titled
‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan
Ref: DA_106 Rev. 3 with the Residential Aged Care Facility provided in the
first stage.
LANDSCAPE & ECOLOGY
Flora
12. In conjunction with an application for operational works on the site for the
first stage, the applicant must submit an operational works application for
Vegetation Management for the development site. The Vegetation
Management operational works application must detail:
12.1 Identification of all active Glossy Black Cockatoo food trees within the
development footprint or in areas likely to be impacted upon by the
operation or construction of the development.
12.2 A Vegetation Clearing Offset program to be undertaken to re-
establish the habitat to be cleared from the site to a nearby location
with similar soil properties. A receiving site is to be identified and
maintained for a specified period (minimum 5 years) after the
establishment of the receiving site.
12.3 The Vegetation Clearing Offset program must include the details of
the transfer methods to be engaged including:
12.3.1 The transfer of soil/seed bank media off the site to the
designated receiving site(s);
12.3.2 Methods of transfer including, inter alia, mastication of
native vegetative matter, tile transfer of live soil/plant matrix,
peat locations and extents, sexual and vegetative methods
of revegetation of offset receiving site and other deemed
pertinent matters by a person with industry experience in the
successful establishment and/or re-establishment of
heathland vegetation;
12.3.3 Transfer of rare and threatened plant species (sexual and/or
vegetative);
12.3.4 Details of pre-treatment works prior to transfer of soil/seed
bank media off the site and methods of transplanting;
12.3.5 Details of seed collections times and estimated
establishment procedures and times;
12.3.6 Details of the receiving site, including tenure, contractual
details, establishment, monitoring and maintenance details
and suitability of the site for the purpose;
Page 6 of 17
Section 7
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
12.3.7 All information must be prepared by a person with industry
experience in the successful establishment and/or re-
establishment of heathland vegetation. Industry and
educational institution involvement is recommended.
The establishment of the vegetation offsets for each stage must be
completed prior to the commencement of the use for each stage. The
Vegetation Clearing Offset program, required by these conditions,
must be implemented in a staged manner reflective of the approved
staging of the development. To this end separate Vegetation Clearing
Offset programs must be developed to reflect the staged delivery of
the development, in particular the staged development of lot 6, and
the subsequent development of lot 9.
12.4 No clearing is permitted unless in accordance with the approved
staged Vegetation Clearing Offset program.
14. The Vegetation Management operational works application must detail the
location and extent and staging of vegetation disturbance on Lot 9
SP252905 and Lot 6 RP901384 must be accurately marked on-site,
including any setback requirements for bushfire mitigation purposes, for
Council officers to inspect prior to commencement of any vegetation
clearing.
Bushfire
23. A bushfire evacuation plan for the site must be prepared by a qualified
person and submitted to Council prior to the issue of any Development
Permit for Operational Works.
CIVIL ENGINEERING
Frontage Works
33. Pedestrian crossings shall be provided in Grasstree Court generally as
shown on ‘Masterplan’ prepared by Thomson Adsett dated 15 October
2020, Plan Ref: DA_106 Rev. 3. The crossing shall include linemarking and
suitable signage in accordance with the MUTCD.
Vehicle Access
35. Vehicular access driveways to service the development shall be
constructed from the Grasstree Court frontages of the site. The driveways
shall be generally in accordance with Council’s standard drawing SEQ R-
051 and Masterplan’ prepared by Thomson Adsett dated 15 October 2020,
Plan Ref: DA_106 Rev. 3.
40. All internal roads shall be designed and constructed in accordance with
Council’s Planning Scheme Policy 5 – Engineering Design Standards –
Roads, Drainage and Earthworks. The roads shall be:
40.1 Generally in accordance with drawing number ‘Masterplan’ prepared
by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev.
3,
40.2 A minimum width of 5.5 metres, and
40.3 Suitable for Council’s refuse collection vehicle to traverse through the
site
Page 7 of 17
Section 8
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
Car Parking
41. Carparking shall be provided within the sites generally as shown on
drawings numbered DA_114 “Masterplan/Carpark Layout” Rev. 3 prepared
by Thomson Adsett Architects dated 15 October 2020 and DA_133
“Apartment Buildings – Basement” prepared by Smith and Tracey
Architects dated November 2018 and within the “Independent Living Units”
as shown the approved floor plans, except as modified herein.
Storm Water Quality
81. Any proprietary stormwater quality improvement device included to achieve
the required stormwater quality Management Objectives specified in
Section 4 of the Girraween Stormwater Management Plan, must
demonstrate only be granted an Operational Works Approval on the
following provisions:
a. A suitably qualified and experienced professional must provide
independent verification that the parameters within the node for the
device in MUSIC modelling have been tested and verified as per
Stormwater Australia (2018) Stormwater Quality Improvement
Device Evaluation Protocol. Version 1.2 December 2018 to achieve
the predicted outcomes in the MUSIC model for the development.
For the purpose of this condition, the suitably qualified and
experienced professional must be able to demonstrate a minimum 10
years urban stormwater testing and modelling experience and be
verified in writing by Stormwater Australia as having an appropriate
reputation and track record within the stormwater industry to provide
such independent advice.
b. Where testing to achieve the certification of the proprietary
stormwater quality improvement device is from an area with rainfall
intensities and patterns that are statistically inconsistent with the
region of the Noosa Shire that the device is to be installed, and / or
the size of the development the device has been tested on is more
than 2500m2 smaller than the development the device is proposed
to service, the following additional conditions apply:
i. The proprietary stormwater device treatment train must be
tested and re-verified in accordance with the Stormwater
Australia (2018) Stormwater Quality Improvement Device
Evaluation Protocol. Version 1.2 December 2018. A suitably
qualified and experienced professional, as verified by
Stormwater Australia must use the results from the onsite
testing to re-run the MUSIC node for the proprietary devices
and confirm whether or not the required pollutant reduction
efficiencies of 80% reduction in Total Suspended Solids, 60%
reduction in Total Phosphorous and 45% reduction in Total
Nitrogen for the overall development are delivered.
Page 8 of 17
Section 9
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
ii. Where the field results and re-run MUSIC node demonstrate
the required pollution reduction efficiencies for the
development are not met, the applicant must implement
additional measures to achieve the required pollution reduction
targets. The additional measures must include, in order of
priority, elevated maintenance, and then increased treatment
capacity of the stormwater quality improvement devices.
Following application of additional measures, the system must
be retested in accordance with Stormwater Australia (2018)
Stormwater Quality Improvement Device Evaluation Protocol.
Version 1.2 December 2018. Where pollution reduction targets
continue to not be demonstrated the proprietary device must be
removed and replaced with a bio-retention device constructed
in accordance with an Operational Works approval or the
applicant must enter into an agreement with Council to provide
improved water quality outcomes within the catchment area.
iii. A separate water quality performance bond must be provided
prior to the issue of an Operational Works approval for Civil
Infrastructure and Stormwater for Stage 1. The water quality
performance bond must be 150% of the cost of water quality
monitoring required to comply with Stormwater Australia (2018)
Stormwater Quality Improvement Device Evaluation Protocol.
Version 1.2 December 2018. The performance bond will be
incrementally returned annually for the value of monitoring
works completed that year. The full value of the bond shall be
returned upon demonstration that the development delivers the
required pollution reduction targets.
C. Delete condition 21.
D. Include the following advisory note on the development approval:
1. The developer is encouraged to liaise cooperatively with local community
groups to deliver and maintain the required glossy black food tree recovery
programme.
DE. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
2 MCU19/0134 PLANNING & ENVIRONMENT COURT APPEAL NO. D67 OF 2020 -
REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Manager Development Assessment to the Planning
& Environment Committee Meeting dated 10 November 2020 and:
A. aAgree to settle the Planning & Environment Court aAppeal No. D67 of 2020
generally in accordance with the following conditions:
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this
Decision Notice must be completed prior to the use commencing, and then
compliance maintained at all times while the use continues.
Page 9 of 17
Section 10
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
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
RL 18003 - Titled "Ground Furniture and Equipment 5 Dec 2019
Sheet 1 of 2 Layout, Ground Floor Areas – Proposed
Industrial fitout", drawn by Rhad Leonard
RL 18003 - Titled "Mezzanine Furniture and Equipment 5 Dec 2019
Sheet 2 of 2 Layout, Mezzanine Area – Proposed
Industrial fitout", drawn by Rhad Leonard
Nature and Extent of Approved Use
3. The Entertainment & Dining Business – Type 3 Bar must operate all times
in association with the Distillery use within Tenancies 1 and 11. If the
associated Distillery use ceases, then the Entertainment & Dining
Business – Type 3 Bar must cease.
4. The patron use area for the consumption of food, drink and alcohol and/or
congregation is limited to within the 21m² ground floor seating area
identified in green on Drawing RL18003, sheet 1 of 2, drawn by Rhad
Leonard, dated 5 December 2019 with a maximum of 20 chairs.
5. The 21m² seating area is only permitted to be used by patrons who have
booked via a tour either directly through the Distillery or one of the affiliated
tour companies or have booked a time slot for a table booking, these will
be limited to 2 hours.
6. The 21m² ground floor area identified in green on Drawing RL18003, sheet
1 of 2, drawn by Rhad Leonard, dated 5 December 2019 must be clearly
marked by way of floor marking, pedestrian barriers, posts or similar.
7. The Tenancy 1 mezzanine area identified on Drawing RL18003, sheet 2
of 2, titled "Mezzanine Furniture and Equipment Layout, Mezzanine Area
– Proposed Industrial fitout", drawn by Rhad Leonard, dated 5 December
2019 must not be used by patrons for the consumption of food, drink and
alcohol and/or congregation.
8. Patrons are permitted to be taken on a short tour of the associated
Distillery use within Tenancies 1 and 11 (including the Tenancy 1
mezzanine area).
9. The approved use must not operate outside the hours of Friday, 3:00pm
to 8:00pm and week-ends and public holidays 12:00pm – 8:00pm.
10. The sale and/or consumption of alcoholic products is limited to those
alcoholic products produced by the associated Distillery use. Any alcoholic
beverages that are not produced as part of the Distillery use on the site
must not be sold from the site.
11. No televisions displaying sports, music videos, news or the like are
permitted to be operated. Television monitors are only permitted to display
the menu board for the Entertainment and Dining Business Type 3 Bar
use.
12. Only finger type food is permitted to be sold and/or consumed.
Page 10 of 17
Section 11
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
Lighting of External Areas
13. During operating hours, all parking areas, pedestrian areas and
entrances/exits must be well lit with vandal resistant lighting and with
intensities to satisfy the requirements of Australian Standard AS1158
“Public Lighting Code”. Lighting must be designed to reduce the contrast
between shadows and well lit areas.
Noise Management
14. Noise from the Entertainment & Dining Business – Type 3 Bar, including
amplified or non-amplified noise and patron noise must not exceed:
Continuous Noise
daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
Time Varying Noise
daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Courtesy Bus
15. A free-on-call courtesy bus must be available at all times during operating
hours and available for patrons within a 15 minute driving radius of the site.
16. The courtesy bus is not permitted to remain on site outside of the hours of
operation.
Staff Numbers
17. A maximum of 3 staff (including 1 dedicated courtesy bus driver) and 1
manager for the Entertainment and Dining Business Type 3 Bar use are to
be on site at any one time.
Currency Period
18. The Currency Period for this development approval lapses if the use has
not happened by 19 November 2026, unless an application to extend the
currency period is approved by Council.
B. Include the following advisory note on the development approval:
1. The proposed bar is located in an area that is zoned Low Impact Industry
under the Noosa Plan 2020 and a range of industrial uses are planned to
establish that may generate noise, odour, dust, waste nuisance or the like.
These industrial businesses will not be required to include additional
measures to address the potential impacts from these industrial uses on
the bar given that they should reasonably be expected.
Carried unanimously.
3 PLANNING & ENVIRONMENT COURT APPEAL NO. D144 OF 2019 -
APPLICATION FOR BUILDING WORKS AT 54 SEAVIEW TCE, SUNSHINE BEACH
Refer to Closed Session.
Page 11 of 17
Section 12
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
4 LOCAL GOVERNMENT GOVERNANCE REFORM
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Chief Executive Officer to the Services &
Organisation Committee Meeting dated 10 November 2020 regarding local
government governance reform and:
A. Adopt the updated Councillor Code of Conduct (prescribed by the Department of
Local Government, Racing and Multicultural Affairs) dated 4 August 2020
provided at Attachment 1 to the report and repeal the previous Councillor Code
of Conduct which was adopted by Council in December 2018 and further, agree
that each Councillor will sign a declaration to abide by the new Councillor Code
of Conduct at all times;
B. Adopt the updated Standing Orders for Council Meetings provided at Attachment
2 to the report and repeal the previous Standing Orders which were adopted in
by Council in August 2019;
C. Repeal the Model Meeting Procedures adopted by Council on 20 December
2018 and note that the new Model Meeting Procedures provided at Attachment
3 to the report have been incorporated into Council’s Standing Orders for Council
Meetings;
D. Adopt the updated Investigation Policy provided at Attachment 4 to the report
and repeal the previous Investigation Policy which was adopted by Council in
December 2018; and
E. Adopt the Councillor Briefing Sessions and Workshops (Non-Statutory Meetings)
Policy provided at Attachment 5 to the report.
Carried unanimously.
5 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE – 1ST QUARTER 2020-21
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 declare I have a friendship with Cathryn and Andrew St Baker who have a property that fronts
Park Road and for that reason I will leave the room.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due
to my association with Andrew St Baker who owns a property in Park Road, adjacent to the
where the pathway is located. Andrew St Baker contacted me in May about the pathway in
question which runs on the northern edge of his property. I went to meet with him and looked
at the path and he told me the history of his dealings with Council. I contacted the Project
Officer and passed on Mr. St Baker’s concerns. Later, I informally met the Project Officer on
the boardwalk and, I believe, he told me that it will eventually come before Council. I have a
perceived association with Mr. St Baker as I am a surfboard manufacturer and he is an owner
of Thomas Surfboards and the Thomas Factory. I believe Mr. St Baker has had a fantastic
influence on manufacturing in Noosa. In Council I have often congratulated the Thomas Factory
and I have discussed the emerging Enterprise Business Zones which Mr. St Baker supports.
During the Campaign Mr. St Baker allowed me to put an election core flute at the Thomas
Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had two discussions
of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at his
house, which is, obviously, right above the surf break.
Page 12 of 17
Section 13
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
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 do not have a close personal relationship with Mr
St Baker. Therefore, I will choose to remain in the meeting room. However, I will respect the
decision of the meeting on whether I can remain in and participate in the decision.
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in
the public interest that Cr Wegener participates and votes on this matter because Council
believes that Cr Wegener does not have a close personal relationship with Mr St Baker and
therefore a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
(Cr Wegener did not vote on the above motion)
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 10 November 2020 providing an update on
operations of the Infrastructure Services Department for the period 1 July to 30
September 2020.
Carried unanimously.
Cr Lorentson re-joined the meeting.
6 REPORTS DIRECT TO GENERAL COMMITTEE
6 NOOSA COUNCIL 2019-20 ANNUAL REPORT
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Director Executive Services to the General
Committee Meeting dated 16 November 2020 and:
A. Adopt the Noosa Council 2019-20 Annual Report incorporating the 2019-20
Audited Financial Statements provided as Attachment 1 to this report.
B. Authorise the Chief Executive Officer to make any required minor amendments
Carried unanimously.
7 FINANCIAL PERFORMANCE REPORT – OCTOBER 2020
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Manager Financial Services to the General
Committee Meeting dated 16 November 2020 outlining October 2020 year to date
financial performance against budget, including performance against key financial
sustainability indicators.
Carried unanimously.
Page 13 of 17
Section 14
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
7 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Stockwell
Seconded: Cr Wegener
That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local
Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal
in the Planning & Environment Court so that Council’s legal position is protected in relation
to Item 3 – Planning & Environment Court Appeal No. D144 of 2019 – Application for Building
Works at 54 Seaview Tce, Sunshine Beach.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
That the meeting be re-opened to the public.
Carried unanimously.
3 PLANNING & ENVIRONMENT COURT APPEAL NO. D144 OF 2019 -
APPLICATION FOR BUILDING WORKS AT 54 SEAVIEW TCE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Wegener
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 10 November 2020 regarding
Planning & Environment Court Appeal No. D144 of 2019 and agree to settle the appeal
generally in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. The applicant must provide a copy of the development approval to the private
building certifier who assesses the subsequent development application for a
development permit for building works for the construction of the Detached
House and the associated deck area and pool.
Approved Plans
2. Development must be undertaken strictly under the approved plans listed in the
following table unless otherwise amended by these conditions.
Drawing No. Revision Drawing Name Date
DD 1.1 A Title Sheet 18-12-18
DD 1.2 A Existing Overlay Site Plan 18-12-18
DD 1.3 A Proposed Site Plan 18-12-18
DD 1.4 A Reference Images 18-12-18
DD 1.5 A DA Eaves and Roof Diagram 18-12-18
DD 1.6 A DA Northern Screen Diagram 18-12-18
Page 14 of 17
Section 15
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
DD 1.7 A Lower Ground Floor Plan 18-12-18
DD 1.8 A Ground Floor Plan 18-12-18
DD 1.9 A Level 1 Floor Plan 18-12-18
DD 1.10 A Roof Plan 18-12-18
DD 2.1 A North Elevation 18-12-18
DD 2.2 A South Elevation 18-12-18
DD 2.3 A East Elevation 18-12-18
DD 2.4 A West Elevation 18-12-18
DD 2.5 A West Street Elevation 18-12-18
DD 3.1 A Section A 18-12-18
DD 3.2 A Section B 18-12-18
Approved Documents
3. Development must be undertaken strictly under the approved documents listed
in the following table unless otherwise amended by these conditions.
Document
Tectonic. (2020). “Geotechnical Investigation, 54 Seaview Terrace, Sunshine
Beach”, reference 19078-003-Rev 0, dated 17 July 2020.
Joint Expert Report of the Coastal Erosion Experts dated 9 June 2020, including
Figure 8-3 of Omtrek (2019). “Working Notes: Brett Mason v Noosa Shire Council
– 54 Seaview Terrace, Sunshine Beach”.
Joint Expert Report of the Coastal Erosion Experts dated 14 July 2020.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of
$20,000 must be submitted to the Council to secure the performance of all
conditions of this approval, before the issue of a Development Permit for Building
Works by a Private Building Certifier. The cash bond or trading bank guarantee
will be returned on the performance of the conditions of approval less any costs
incurred by the Council in respect of enforcing the performance of this permit.
Council reserves the right to call upon the bond or guaranteed sum in the event
that the Appellant defaults in compliance and does not rectify that compliance
upon written request of the Respondent which shall provide a reasonable time
within which any such default is to be rectified.
Building Setback and Height
5. The proposed Detached House must be located on the site, as shown on the
Proposed Site Plan, Drawing No. DD1.3, Revision A. The Detached House is not
to be located closer than 4.3m to the seaward boundary on the northern side and
5.6m to the seaward boundary on the southern side. The proposed elevated deck
on the first level is not to extend closer than 3m to the seaward boundary.
Certification of the location of the Detached House, including the elevated open
deck from the seaward boundary, is to be provided by a licenced surveyor before
the issue of a final classification for the Detached House by the building certifier.
The certification must be submitted to Council.
6. The proposed Detached House must not exceed a maximum height of 8m from
the natural ground level and finished ground level, as shown on the North
Elevation, Drawing No. DD 2.1, Revision A and the South Elevation Drawing No.
DD 2.2, Revision A. The height of the Detached House from natural ground level
and finished ground level shall be certified by a licenced surveyor before the
issue of a final classification for the dwelling by the building certifier. The
certification must be submitted to Council.
Page 15 of 17
Section 16
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
Geotechnical Stability
7. A footing system and erosion protection system must be designed to withstand
the short-term erosion associated with a 500-year average recurrence interval
storm event combined with shoreline recession due to sea-level rise for 2100
climate change.
The short-term erosion associated with a 500-year average recurrence interval
storm event combined with shoreline recession due to sea-level rise for 2100
climate change to be considered for the design of stabilisation measures must
be that shown on Figure 8-3 of the 2019 Omtrek report “Working Notes: Mason
v Noosa Shire Council - 54 Seaview Terrace, Sunshine Beach”, (Reference
J0033 R1, 11 May 2019).
8. The footing system and erosion protection system must in accordance with the
works detailed in the Tectonic report “Geotechnical Investigation, 54 Seaview
Terrace, Sunshine Beach”, (Reference 19078-003-Rev 0, 17 July 2020) and
other supporting documents referenced in the Tectonic report.
9. The design must include the protection of the northern and southern boundaries
of the site to prevent erosion on neighbouring properties exposing the side
boundaries of the site to erosion. The minimum extent of the side boundary
protection must be determined by a line drawn at 28° extending upwards to the
west from the base of the rear point of the erosion shown on Figure 8-3 of the
2019 Omtrek report “Working Notes: Mason v Noosa Shire Council - 54 Seaview
Terrace, Sunshine Beach”, (Reference J0033 R1, 11 May 2019).
10. The design must be accompanied by certification by a Registered Professional
Engineer of Queensland (RPEQ) specialising in geotechnical engineering that
the design is satisfactory and will provide a long-term factor of safety concerning
slope stability of no less than 1.5.
11. Following construction, certification must be supplied to Council by an RPEQ
specialising in geotechnical engineering that the works have been constructed
under the approved design.
12. A dilapidation survey shall be carried out of all adjacent properties before the
demolition of the existing dwelling on the site.
13. Due to the risk of instability on the existing dune slope and the potential for
settlement of loose sand on the adjacent properties, vibrations shall be kept to a
minimum and shall be monitored during the construction of the Detached House.
Driven piles (both sheet piles and pile footings) are not permitted on the site.
14. Landscaping at the rear of the property and the crest of the existing dune slope
shall be limited to a maximum surcharge of 5kPa unless a site-specific slope
stability analysis is carried out to demonstrate that higher loads are acceptable.
15. Under no circumstances shall building materials be temporarily stockpiled in the
area of the crest of the existing dune slope or on the slope.
16. Discharge of concentrated stormwater flows onto the dune slope shall be
avoided, and under no circumstances shall subsurface disposal of water be
permitted using infiltration pits.
17. Stormwater runoff from gutters, down-pipes, driveways, and paved areas shall
be collected and directed by pipes into the Council stormwater system along
Seaview Terrace. Where this is not possible, surface water should be directed
to infiltrate into the ground around the edges of hard surfaces, with infiltration
areas set back as far as possible from the crest of the dune slope.
18. The existing dune slope and any areas disturbed by the construction of the
proposed development shall be revegetated as soon as possible to reduce the
potential for erosion.
Page 16 of 17
Section 17
GENERAL COMMITTEE MEETING MINUTES 16 NOVEMBER 2020
Earthworks
19. Earthworks required on-site must be carried out under Council’s Planning
Scheme Policy PSP5 Engineering Design Standards, so as not to cause the
additional ponding of water on any adjoining lands or concentrate or direct
overland flow on to an adjoining property.
Coastal Protection
20. A mix of native endemic coastal vegetation consisting of ground covers, shrubs
and trees shall be planted for the width of the property, from the edge of the
dwelling to the seaward boundary. The landscaping works is to be consistent with
Planning Scheme Policy PSP3 - Landscaping Plants and Guidelines. The
planted vegetation must have a minimum pot size of 200mm and must be planted
at the following density:
a. trees must have a maximum spacing of 5m;
b. shrubs must have a maximum spacing of 1.5m; and
c. ground covers planted between the trees and shrub stems from providing
dense coverage.
The development is to provide adequate landscape buffering to protect the
character of the beachfront, to the reasonable satisfaction of the Manager
Development Assessment.
Pedestrian Access
21. A pedestrian access gate must not be installed along the seaward property
boundary with direct access by residents to the beachfront area not being
permitted.
Significant Weather Event
22. Should a significant weather event occur which results in substantial erosion
within the site, and undermines the structure and/or renders the Detached House
uninhabitable, the owner must
22.1 Immediately secure the perimeter of the property to prevent
unauthorised access and then undertake necessary works upon the
land to make the detached house safe and suitable for habitation in a
timely manner.
a. Any work proposed must be designed to ensure that the work will
not cause adverse impacts on other lands or on coastal
processes.
b. Rock, concrete and like hard materials must not be used for the
construction of beach protection works.
c. Any work proposed to be carried out must undertaken in
accordance with a Development Permit for Operational Works.
22.2 or remove the Detached House and all associated structures including
the footpath crossover and make the land safe at no cost to the Council.
Carried unanimously.
The meeting closed at 12.37pm.
Page 17 of 17