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2022-06-07 Planning & Environment Meeting Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 7 June 2022
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor for Item 1-2, 4-7)
Cr Frank Wilkie (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
Nil.
The meeting commenced at 9.31am.
2. CONFIRMATION OF MINUTES
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 10 May 2022 be
received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 7
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU21/0009 - APPLICATION FOR A MATERIAL CHANGE OF USE - HOME BASED
BUSINESS (BED AND BREAKFAST) AT 7 BERRIMA ROW, NOOSA HEADS
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 7 June 2022 regarding Application No. MCU21/0009 for a Development Permit for
Material Change of Use - Home-based business (Bed and Breakfast), situated at 7 Berrima Row,
Noosa Heads and:
A. Refuse the application for the following reasons:
1. The development does not provide sufficient car parking and therefore does not comply
with:
a. Overall Outcome 2(c) and Performance Outcome PO12 of the Home Based
Business Code; and
b. Overall Outcome 2(b) and Performance Outcome PO6 of the Driveways and
Parking Code;
2. The development will adversely impact on the surrounding amenity given that
insufficient on site car parking is proposed and therefore does not comply with:
a. Overall outcome i) and Performance Outcome PO3 of the High Density
Residential Zone Code;
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
2 MCU19/0089.02 & OPW19/0160.02 - PLANNING & ENVIRONMENT COURT APPEAL NO
D928 OF 2022 – MINOR CHANGE TO DEVELOPMENT APPROVAL FOR RETAIL
BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP AND
OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding Planning & Environment Court
Appeal D928 of 2022 and agree to defend the appeal.
Carried unanimously.
Cr Lorentson left the meeting.
Page 3 of 7
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
3 RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1
LOT INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stewart
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue
Carried unanimously.
Cr Lorentson returned to the meeting.
4 MCU21/0104 – APPLICATION FOR MATERIAL CHANGE OF USE – UNDEFINED USE -
MOTORCYCLE/SCOOTER SALES AND REPAIR SITUATED AT 16 RENE ST
NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Development Planner to the Planning and Environment
Committee Meeting dated 7 June 2022 regarding Application No. MCU21/0104 for a Material
Change of Use - Motorcycle/Scooter Sales and Repair, situated at 16 Rene St Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Sheet Rev. Plan/Document Name Date
No.
A01 C Site Plan and Floor Plan MCU Application, prepared by RG 20/05/2022
Strategic
B01 B MCU Application Plan (elevations rear building), prepared by 22/12/2021
RG Strategic
Currency Period
3. This development approval lapses if the use has not happened by 16 June 2028,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The approved use includes motorcycle, motor scooter, electric scooter and electric
motorcycle sales, servicing and repairs, including ancillary sale of
motorcycles/scooters and associated accessories.
5. The indoor and outdoor sales use area is limited to the areas identified in pink, as
shown on the approved plan A01, Issue C dated 20/05/22.
Page 4 of 7
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
6. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Car Parking
7. A minimum of 6 car parking spaces and 2 motorcycle 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, including access to the parking, must be undertaken in
accordance with an Operational Works approval and must include in particular:
a. 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;
b. Directional signage must be provided to direct customers to the car parking
spaces provided on site.
Service Vehicles
8. Service vehicle parking, manoeuvring, and standing spaces must be provided on the
site and must include in particular a loading bay for a single unit truck 12 metres x 3.6
metres.
Landscaping
9. The development site must be landscaped in accordance with the approved site plan
and be provided to a minimum of 15% of the site. The works must be undertaken in
accordance with an Operational Works approval and PSP2 Landscaping in Noosa
Plan, for that specific area and must include in particular:
a. the works shown on the Approved Plans;
b. A 2 metre wide landscaping strip along the Rene St road frontage of the subject
site, exclusive of the access driveway;
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.
Stormwater Drainage
10. 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 generally in accordance with report titled “Preliminary Stormwater
Management Plan”, rev 0, dated 7 October 2021 and prepared by RECOR Pty Ltd.
Easements
11. 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.
12. 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.
13. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Page 5 of 7
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
Earthworks and Retaining Walls
14. All fill and associated 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.
15. Where the development involves excavation or filling over, or adjacent to, drainage,
water supply or sewerage infrastructure, all access chamber surface levels must be
adjusted to provide a freeboard of 100mm above the finished ground surface level.
16. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Damage to Services and Assets
17. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve the
‘Motorcycle/Scooter Sales’ component of the application:
a. The proposal is complementary and directly associated with the proposed industrial
use.
b. The proposal will not compromise the use of the area from being used for
predominantly industrial activities.
Carried unanimously.
5 CLIMATE CHANGE RESPONSE GRANTS – 2022/23 ROUND ONE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in relation to the
proposed funding allocations to the Noosa Lions Football Club. I am the current President of the Noosa Lions
Football Club and was responsible for the grant applications currently before Council. As a result of my
conflict of interest, I will now leave the meeting room while the matter is considered and voted on.
Committee Resolution
Moved: Cr Stewart
Seconded: Cr Wegener
That Cr Finzel be appointed as Acting Chairperson of the meeting due to the conflict of interest declaration
by Cr Stockwell.
Carried unanimously.
Page 6 of 7
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 JUNE 2022
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 7 June 2022 and approve the Climate Change Response
Grants as outlined in Attachment 1 to this report.
Carried unanimously.
Cr Stockwell returned to the meeting and resumed the Chair.
6 ENVIRONMENT GRANTS – ROUND 17
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Finzel
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
for further consideration.
Carried unanimously.
Cr Wegener did not vote on the motion.
6. REPORTS FOR NOTING BY THE COMMITTEE
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL 2022
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding planning applications that have
been decided by delegated authority for April 2022.
Carried unanimously.
7. CLOSED SESSION
Nil.
The meeting closed at 10.15am.
Page 7 of 7