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2019-05-07 Planning & Environment Committee Agenda

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                           AGENDA


   Planning & Environment
     Committee Meeting


                   Tuesday, 7 May 2019


                     commencing at 9.30am
            Committee Room, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson, Tony Wellington




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                 7 MAY 2019


TABLE OF CONTENTS

ITEM                                                                    PAGE

ATTENDANCE & APOLOGIES                                                     -

PRESENTATIONS                                                              -

REPORTS FOR CONSIDERATION OF THE COMMITTEE                                 3

1      MCU18/0114 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
       USE FOR ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION,
       AMUSEMENT & FITNESS - (GYM) AT 33 RENE STREET, NOOSAVILLE           3

2      PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES                19

3      NOOSA SUSTAINABILITY INSTITUTE – STAGE 1 REPORT                    35

REPORTS FOR NOTING BY THE COMMITTEE                                       44

4      UPDATE ON YUROL / RINGTAIL ENVIRONMENTAL PROJECT                   44

5      ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE -
       3RD QUARTER 2018-19                                                53

CLOSED SESSION                                                       -




                                                                Page 2 of 63

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                     7 MAY 2019



REPORTS FOR CONSIDERATION OF THE COMMITTEE
1                        MCU18/0114 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
                         ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION, AMUSEMENT &
                         FITNESS - (GYM) AT 33 RENE STREET, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                           Development Planner, Billy Glover
                                 Environment and Sustainable Development Department

Index                            ECM/ Application/ MCU18/0114

Attachments                      1.   Proposal Plans



         APPLICATION DETAILS

         Applicant                           Pegasus PT

         Proposal                            Material Change of Use - Entertainment & Dining Business Type 2
                                             Recreation, Amusement & Fitness (Gym)

         Properly Made Date                  14 August 2018

         Information Request Date            29 August 2018

         Information Response Date           24 January 2019

         Decision Due Date                   17 May 2019

         Number of Submissions               1



         PROPERTY DETAILS

         Property Address                    33 Rene St Noosaville Qld 4566

         RP Description                      Lot 52 RP 187152

         Land Area                           1,054.16m²

         Existing Use of Land                Industrial



         STATUTORY DETAILS

         SEQRP Designation                   Urban Footprint

         Locality                            Noosaville

         Zone                                Industry

         Overlays                            Natural Hazard (Acid Sulfate Soils)

         Assessment Type                     Impact




                                                                                                   Page 3 of 63

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 regarding Application No. MCU18/0114 for a
Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation,
Amusement & Fitness (Gym) situated at 33 Rene St, 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,
          and then compliance maintained at all times while the use continues.
          Approved Plans
     2.   Development undertaken in accordance with this approval must generally comply
          with the approved plans of development. The approved plans are listed in the
          following table unless otherwise amended by these conditions.

           Plan No.      Rev.   Plan/Document Name                               Date

           A103          A05    Site Plan, drawn by Collins Building Designs     28.03.2019

           A105          A05    Ground Floor Plan, drawn by Collins Building     28.03.2019
                                Designs

           A106          A05    Vehicle Manoeuvrability Plan, drawn by Collins   28.03.2019
                                Building Designs

           A107          A05    Upper Floor Plan, drawn by Collins Building      28.03.2019
                                Designs

           A201          A05    North & East Elevations, drawn by Collins        28.03.2019
                                Building Designs

           A202          A05    South & West Elevations, drawn by Collins        28.03.2019
                                Building Designs

          Nature and Extent of Approved Use
     3.   Classes must have a minimum 15 minute break between the conclusion of a class
          and the beginning of the next.
     4.   Classes must be limited to no more than 8 clients at any one time.
     5.   The total number of employees on the site at any one time must not exceed 2.
     6.   The approved use must not operate outside the hours of 5:00am to 7:00pm Monday
          to Friday and 6:30am to 9:00am Saturday.
          Carparking and Access
     7.   The 7 client car parking spaces at the rear of the site and the 2 staff car parking
          spaces at the front of the site must be line marked and maintained as per the
          approved plans, for the life of the development.




                                                                                        Page 4 of 63

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MAY 2019


          Bicycle Parking
    8.    Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in
          accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be
          located inside the building or in the landscaped area. If located within the landscaped
          area, bicycle parking facilities must not appear as a dominating feature of the site
          landscaping.
          Landscaping
    9.    A minimum of 15% of the site must be retained as landscaped area.
    10.   Landscaping of the site is to be carried out in accordance with a Development Permit
          for Operational Works. An application for Operational Works must be submitted to
          Council within 60 business days of the approval date and must be carried out on the
          site within 90 business days of the Operational Works approval date, unless further
          agreed in writing by Council. The landscaped areas must be in accordance with the
          approved site plan and Planning Scheme Policy PSP03 Landscaping plants and
          guidelines.
          Noise
    11.   Noise nuisance beyond the boundary of the site shall not exceed the levels specified
          in Table 1 and 2.
                                      Table 1 – Monday to Friday
                             NOISE LIMITS AT A RESIDENTIAL RECEPTOR
              PERIOD           Noise level at a residential place measured as the
                               adjusted maximum sound pressure level (Lamax, adj,T)
              5am – 7am        Inaudible
              7am – 7pm        Background noise level plus 5 dB(A)
                               NOISE LEVELS AT COMMERCIAL PLACE
              PERIOD           Noise level at a commercial place measured as the
                               adjusted maximum sound pressure level (Lamax, adj,T)
              5am – 7am        Background noise level plus 8 dB(A)
              7am – 7pm        Background noise level plus 10 dB(A)
                                           Table 2 - Saturday
                             NOISE LIMITS AT A RESIDENTIAL RECEPTOR
              PERIOD           Noise level at a residential place measured as the
                               adjusted maximum sound pressure level (Lamax, adj,T)
              6:30am – 7am     Inaudible
              7am – 9am        Background noise level plus 5 dB(A)
                               NOISE LEVELS AT COMMERCIAL PLACE
              PERIOD           Noise level at a commercial place measured as the
                               adjusted maximum sound pressure level (Lamax, adj,T)
              6:30am – 7am     Background noise level plus 8 dB(A)
              7am – 9am        Background noise level plus 10 dB(A)




                                                                                   Page 5 of 63

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019


             Amenity
       12.   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
       13.   Any advertising sign or device must comply with Council’s policies on advertising.
B.     Find the following are sufficient grounds to justify the decision despite the conflict with the
       Planning Scheme:
       1.    Gyms (fitness centres) are generally floor area intensive and require tenancies that
             are most readily found in the Industrial Zone;
       2.    Some sport and recreational uses are accepted in the Industry zone given the limited
             potential impacts of sport and recreation uses; and
       3.    The fitness centre is of a similar size and scale to other approved Entertainment &
             Dining Business’s Type 2 within the Noosaville Industrial area.
C.     Advise the applicant that the existing unapproved building addition along the northern
       boundary must be removed to provide access to the rear carpark, within 90 business days
       of the Operational Works approval date, unless further agreed in writing by Council.
D.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.     PROPOSAL
The applicant seeks approval for a Gym within an existing 414m2 industrial tenancy located in the
Industry Zone of the Noosaville Locality.
The applicant submits the following:
The proposed gym operates predominantly outside of normal business hours. The proposed use
of the site is not in line with what would be considered a traditional gym. There is no open gym
time, all members must attend classes set at specific times with 1 or 2 trainers present at each
class. Class sizes range from one on one personal training to maximum 8 per strength and
condition group session at a time.
All members are required to book in advance, therefore eliminating any potential additional
impact on neighbouring businesses outside of class times. The majority of trading occurs outside
of normal trading hours and therefore will have a minimal impact on parking needs of
neighbouring businesses.
9 car spaces and 2 motorbike spaces are proposed on site, 2 of the car spaces are in a tandem
configuration (staff).
The applicant proposes the following operating hours:
 Day                Class times (8 per class)
 Monday             5.15am, 6.30am, 9am
                    10am-3pm CLOSED (potentially staff only on site – max 2)
                    4.15pm, 5.30pm
                    All classes 60 minutes in duration
 Tuesday            5.15am, 6.30am, 9am
                    10am – 3pm CLOSED (potentially staff only on site – max 2)
                    4.15pm, 5.30pm
                    All classes 60 minutes in duration


                                                                                        Page 6 of 63

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                7 MAY 2019


 Day              Class times (8 per class)
 Wednesday        5.15am, 6.30am, 9am
                  10am – 3pm CLOSED (potentially staff only on site – max 2)
                  4.15pm, 5.30pm
                  All classes 60 minutes in duration
 Thursday         5.15am, 6:30am, 9am
                  10am – 3pm CLOSED (potentially staff only on site – max 2)
                  4.15pm, 5.30pm
                  All classes 60 minutes in duration
 Friday           5.15am, 6:30am, 9am
                  10am – 3pm CLOSED (potentially staff only on site – max 2)
                  4.15pm, 5.30pm
                  All classes 60 minutes in duration
 Saturday         6.30am
                  9am - CLOSED
 Sunday           CLOSED



The locality and proposal plans are included below.




                                      Figure 1 – Site Locality




                                                                               Page 7 of 63

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019




                                          Figure 2 – Site Plan

2.    SITE DETAILS
2.1. Background
On 20 April 2018, Council received a noise complaint against the gym. The use was operating at
11 Gibson Road in the Business Centre Zone at the time.
On 23 April 2018, Council advised the owner of the business that the use was in breach of the
Noosa Plan and an application was required for the use to operate in the Business Centre Zone.
Following, the applicant moved the business to the subject site and Council has since advised
that an Impact Assessable application is required for the use within the Industry Zone.
On 11 July 2018, Council received the subject application over the subject site.
The existing development of the subject site was approved by a Building Approval circa 1991. A
development approval was not required at the time.
2.2. Site Description
The subject site is known as 33 Rene St, Noosaville and described as Lot 52 RP187152. The site
is located in the Industry Zone.
The site slopes down from the Rene Street frontage to the rear of the lot. The site contains 9
existing car spaces, 2 located at the front of the site and 7 located at the rear of the site. The car
spaces at the rear of the site are currently accessed over the adjoining property to the south (33A
Rene Street). An unapproved building addition has been established over the original access
driveway along the northern boundary and the site does not comply with the planning scheme
requirements that were in place at the time of the development for landscaping.
2.3. Surrounding Land Uses
Rene Street is within the Noosaville Industry Zone located off Eumundi-Noosa Road. The site is
surrounded predominantly by industrial uses, with residential uses located 100 metres to the
west.




                                                                                        Page 8 of 63

Section 9

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019


3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
    State Planning Policy;
    South East Queensland Regional Plan;
    Planning Regulation 2017;
    The Noosa Plan.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy 2017 (SPP) and the SPP
raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The subject industrial site is identified as being within the Urban Footprint in the Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
    SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the
assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development
Area.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality. The proposed use is
identified as an inconsistent use within the zone and is required to follow an impact assessable
application process.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial
estate for industrial functions to the exclusion of incompatible uses, including residential,
community and commercial uses, and most sport and recreation uses. Since the commencement
of the Noosa Plan in 2006 gyms, swim schools and the like have been approved in the
Noosaville industrial area, given these uses are generally floor area consumptive and as such
difficult to locate in the business centres. The proposed gym has a floor area of 414m 2 and is
consistent in size with other large floor area gyms approved in the industrial area.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of
the assessment against the codes are discussed below:
Carparking
The existing floor area over the whole development is 414m2 which would have required 9 car
spaces for industrial uses. Currently there are 9 spaces on site.
The Driveways and Carparking Code requires carparking for the proposed gym at the following
rate:
1 space per 20m2, or part thereof, of use area;
OR
1 space per 3 persons capable of being entertained at any one time, whichever is the greater.
                                                                                        Page 9 of 63

Section 10

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 MAY 2019


The 414m2 use area of the proposed gym use (including mezzanine) requires 20.7 car spaces to
be provided on site, as per the above rate. The onsite carparking arrangement does not comply
with the above code prescribed rate, however this is considered excessive considering the
applicant proposes a maximum of 8 clients on site at any one time.
Councils Traffic consultant has recommended a revised rate of 0.85 spaces per person (including
staff) in lieu of the above. Based on this rate, the maximum proposed 10 persons on site at any
one time (8 clients and 2 staff) requires 8.5 car spaces to be provided on site. The site is
proposed to provide 9 spaces in total, 2 spaces are in a tandem configuration and considered
suitable for staff use only, leaving 7 spaces for client use. The site complies with the revised
recommended rate.
In relation to carparking, conditions are recommended to read as follows:
      Nature and Extent of Approved Use
      3.    Classes must have a minimum 15 minute break between the conclusion of a class
            and the beginning of the next.
      4.    Classes must be limited to no more than 8 clients at any one time.
      5.    The total number of employees on the site at any one time must not exceed 2.
Landscaping
The landscaped area on the site has been significantly reduced since the original development
was constructed. The applicant proposes to reinstate the landscaped area on site in accordance
with the minimum dimensions required by the Landscaping Code (15% of the site area).
In relation to landscaping, the following conditions are recommended:
      Landscaping
      9.    A minimum of 15% of the site must be retained as landscaped area.
      10.   Landscaping of the site is to be carried out in accordance with a Development Permit
            for Operational Works. An application for Operational Works must be submitted to
            Council within 60 business days of the approval date and must be carried out on the
            site within 90 business days of the Operational Works approval date, unless further
            agreed in writing by Council. The landscaped areas must be in accordance with the
            approved site plan and Planning Scheme Policy PSP03 Landscaping plants and
            guidelines.
Residential Amenity
The applicant proposes the use of a small speaker system during classes. The applicant submits
the following:
The speaker in use is small in size, is facing away from the front door and it should be noted that
the front doors are kept closed for the duration of the first two classes, opening only half way,
after 7am. The music is kept low so as the clients are able to hear the coach’s voice. Being a
small group personal training and rehabilitation facility, it is important that all clients are able to
hear the coach at all times. Coaches are not amplified in any way, music is at an ambient level.
The nearest residential site is 100 metres away. The proposed gym use has been operating at
the subject site for over 6 months and during this time Council has not received any complaints
with regard to noise.
Whilst it is unlikely the noise generated by the use will impact the amenity enjoyed by those of
the nearby residential estate, a standard amenity condition is recommended to be included.




                                                                                       Page 10 of 63

Section 11

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                7 MAY 2019


Bicycle Parking
Provision S31.2 of the Business Uses Code requires a minimum of 9 bicycle spaces to be
provided on site. Considering the proposed maximum number of persons on site at any one time
9 bicycle spaces is considered excessive, particularly given the size of the building and potential
available internal floor space for bicycle storage. It is recommended that a minimum of 3 bicycle
spaces are provided on site.
The following condition is recommended:
      Bicycle Parking
      8.     Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in
             accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be
             located inside the building or in the landscaped area. Bicycle parking facilities must
             not appear as a dominating feature of the site landscaping.
Draft Planning Scheme
The Draft Planning Scheme identifies the subject site as being located in the Medium Impact
Industry Zone. Indoor Sport and Recreation uses are identified as inconsistent and impact
assessable in the Medium Impact Industry Zone.
4.    CONSULTATION
4.1. Referral Agencies
Not applicable.
4.2. Other Referrals
The application was forwarded to the following internal Council officers:
    Engineering Officer, Development Assessment
    Health Officer, Environmental Health
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. 1 properly made submission was received. The following table provides a summary and
assessment of the issues raised by submitters.

Matters Raised                                                  Comments

1 submission (support) was made in support of the               A number of conditions are recommended
application. The submitter raised the proposed business         to retain and/or enhance the amenity of the
use will improve security of the building and the area as       area. The conditions include landscaping,
people will be on site outside of typical industrial business   carparking and noise requirements.
hours. Additionally, the submitter raised the site will be
kept presentable as clients will be regularly attending the
site, as such the site will contribute positively towards the
amenity of the area.

5.    CONCLUSION & REASONS FOR DECISION
The nature and function of the proposed business use is suitable for the subject site and location.
Whilst Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness is an
inconsistent use in the Industry Zone, the Noosa Plan does recognise that some entertainment
uses will locate in the industrial area. The use has been operating on the subject site without
approval for over 6 months and no complaints have been made to Council regarding the subject
business use (Gym) at this site. The site provides 9 car spaces for the proposed gym use (7
client spaces and 2 staff spaces). Therefore it is recommended the gym operates with a
maximum of 8 clients and 2 staff.

                                                                                             Page 11 of 63

Section 12

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 MAY 2019


It is further recommended the site must be landscaped and the existing unapproved building
addition along the northern boundary removed to provide access to the rear carpark, in
accordance with the proposal plans.


Departments/Sections Consulted:
   Chief Executive Officer        Community Services                      Corporate Services
   Executive Officer              Community Development                   Financial Services
   Executive Support              Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

   Executive Services         X   Environment & Sustainable Development   Infrastructure Services
   Community Engagement           Building & Plumbing Services            Asset Management
   Customer Service           X   Development Assessment                  Buildings and Facilities
   Governance                     Economic Development                    Civil Operations
   People and Culture             Environmental Services                  Disaster Management
                                  Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                       Page 12 of 63

Section 13

ATTACHMENT 1




    Page 13 of 63

ATTACHMENT 1
                                                                                       proposed landscaping              N                                           car parking bays
                                                                   |                                                                                                                              |
                                                            =                                                          Lot 51 RP187152                                                  |
                                           m                e                                   =                                                                                       |
                                                            -                                   é                   boundary
                                           uw               °                                                                                  4                          X
                                           w            :  “               -  -  :            3               PROPOSED        CONCRETE      DRIVEWAY                                    |    1 1181
                                                                                              8                                                                                         |     AH...
                                           a                       ,                                                                                                                    |         | =
                                                       CONCRETE       DRIVEWAY                                                                                                          |    2      6
           bicycle parking bay    =                             |                                                      Lot 52                                                         ~;     sie | .
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           inside                         wv                       |         .    [|                                   RP187152                                                       z+} 5)
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           existing                                                               |        |   GARDEN                           GARDEN                                                         |
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           landscaped                      a                                   /.                                                                                                       L_                 landscaping
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                                                                                                               s        Lot 53 RP 187152
                                                                                proposed landscaping          cs                                               1 x motorbike parking bays

                                                                                                                                                                                    Council Approval
        ee oom                                                                                                                                a                        rae                         —
               -   .     ite, trey Toure Toescnienen                                                                                  Proposed Site Plan               Proposed Fitness Business
                                                                           as                         COLLINS                          — | #3 Fane st Noosaville
       sutra wars mas come | FP                                                                       BUILDING DESIGNS                           ese                                   SS ESSA 103
       are owned and controsed py [|  |                                                                                                Orentation: | Client:
          lins Building Designs.     T_T                                                                                                                                                                          see
       YO PEN SRE SAA Ep                                                                              [email protected]                               Date:           28.03.2019 |Rev: AOS_
       sion: 1, Version Date: 28/03/2019                                                              Mob: 0474 14] 348
                                                                                                                                                                                                  Page 13 of 63

Section 14

Page 14 of 63

9450                                                           27950                                                                 13000
             bicycle parking                        90                                           27770                                             90
             bay inside                                                                                                                        a
             proposed landscaping              recycle doors from existing/demolition                                                                                                            car parking bays
                                               portion of shed in new wall                                                                     proposed new wall to enclose shed
                     ber                —       a                                             TT                                  ian ED PPPS Pe
                                             _                                                                                                                                    |
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                                                                                                               105m2                                                                            |
            &        |                                                                                                                                                            |             |
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            S                                             Toilets       =                                                                                                         |
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                     |                                        Exsfing shed                                                             ;                                        _.                 landscaping
                                                                          proposed landscaping
                            5785        190   3475   +      4952     90                                   22728                                   90     1 x motorbike parking bays
                            5785             3665    90                                           27770                                            90
                                   9450                                                           27950                                                                 13000   Council Approval
 Do not scate off tnis drawing. | DRAWING REVISIONS                                                                               Drawing Title:                    Project:
  Check al dimensions on site. [rev oars bescerienon’                                                                              Proposed Ground Floor Flan       Proposed Fines Business
        :        :      C—O                                                                                                                                         33 Rene St, Noosaville
  All drawings are copyrigntand|                                                                                                  Orientaton:  -
 are owned ana controved By [PP                                                                                                              Client:
  SO                                                                                             BUILDING DESIGNS                            foo                    Kae            IES [Browne en           7 0) 5
  Collins Building Designs. All   PT                                                                                                                                ST |
SAS BSS                 CE                                                                       [email protected]                                Date:           28.03.2019 |Rev: A0S_
                                                                                                                                                                                               Page 14 of 63

Section 15

Page 15 of 63

proposed turning circle shown generated           tuming circles and parking bays in
                                                                               by Transoft Solutions Software Autoturn           accordance with AS/NZS2890.1:2004

                          —                          PROPOSED      CONCRETE     DRIVEWAY          (=| mz         io        SS             3 ;           | -    -  ’      |
                                               =                                                                                    @\                      5.
                 |                                     Entry                                                                         "    Re            aaa              |
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                                                          n                                                                           Cyd          :           /
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                                                                                                                                                                        Page 15 of 63

Section 16

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                                                                                                                                                                                                 Page 16 of 63

Section 17

Page 17 of 63

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                                                                                                                                                                                                Page 17 of 63

Section 18

Page 18 of 63

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                                                                                                                                                                                                          Page 18 of 63

Section 19

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                      7 MAY 2019



2                        PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES
DOCUMENT INFORM AT ION




Author                              Principal Strategic Planner, Anita Lakeland
                                    Environment and Sustainable Development Department

Index                               ECM/ 37.04 – Local law No.1 - Administration

Attachments                         1.    Administration (Amendment) Local Law (No.1) 2019
                                    2.    Administration and Other Subordinate Local Law (Amendment)
                                          Subordinate Local Law (No. 1) 2019 (Note: 45 page attachment provided
                                          separately to this report)
                                    3.    Schedule
                                    4.    List of likely anti-competitive provisions



EXECUTIVE SUMMARY
Advertising devices will no longer be regulated by Council’s new planning scheme. Both
temporary and permanent advertising devices will instead be regulated under a local law when
the new planning scheme comes into effect.
Draft amendments to Council’s local laws have now been prepared to consolidate advertising
device provisions currently operating under The Noosa Plan and two local laws.
The proposed local law amendments (proposed local law) identifies those sign types that are
prohibited, permitted as self-assessable or permitted with approval. The proposed local law
includes specific and general criteria and conditions for new advertising devices to meet and
introduces a new approvals process and annual licencing renewal system.
The majority of existing advertising device requirements have been maintained, with key changes
aimed at prohibiting sign types inconsistent with the character of Noosa, reducing visual sign
clutter within the streetscape and responding to key issues and compliance matters arising from
the advertising signs audit.


RECOMMENDATION
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 and resolve:
A.                       In accordance with Section 29 of the Local Government Act 2009 (“the Act”), to propose to
                         make:
                         i.    Administration (Amendment) Local Law (No.1) 2019 contained in Attachment 1; and
                         ii.   Administration and Other Subordinate Local Law (Amendment) Subordinate Local
                               Law (No. 1) 2019 contained in Attachment 2;
B.                       In accordance with Council’s Local Law Making Process Policy:
                         i.    to consult with the public about the proposed local law amendments contained in
                               Attachment 1 and subordinate local law amendments contained in Attachment 2 as
                               required by the Policy; and
                         ii.   to consult with relevant state government agencies on proposed Administration
                               (Amendment) Local Law (No.1) 2019 and delegate authority to the Chief Executive
                               Officer to make changes in response to state comments;


                                                                                                   Page 19 of 63

Section 20

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


C.   In accordance with Section 257 of the Act to delegate to the Chief Executive Officer its
     powers under section 38 of the Act and section 15 of the Local Government Regulation
     2012 to decide—
     i.     how the public interest test of the local law and subordinate local law outlined in the
            schedule contained in Attachment 3 is to be conducted; and
     ii.    the matters with which the public interest test report in relation to the local law and
            subordinate local law outlined in the schedule must deal; and
     iii.   the consultation process for the public interest test and how the process is to be used
            in the public interest test.



REPORT
The purpose of this report is to propose Administration (Amendment) Local Law (No.1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1)
2019 for endorsement by Council for the purpose of state interest review, public consultation and
preparation of a public interest test plan.
1.   Background
Council’s planning policy has always attempted to avoid “big city” symbols such as large and
excessive advertising signs to maintain the character, “look and feel” and amenity of Noosa
Shire.
Despite this, there has been a noticeable increase in advertising signs throughout Noosa Shire, a
result of new development, the proliferation of temporary signs and compliance issues.
Currently, the erection of a permanent advertising device is regulated by The Noosa Plan which
identifies advertising devices that are permitted as self-assessable where meeting requirements
and advertising devices that are inconsistent with the plan. Where advertising devices do not
comply with requirements a code assessment application is required at a cost of $920 per sign.
The erection of a temporary advertising device is currently controlled through the self-assessable
provisions of Schedule 10 of Subordinate Local Law No. 1 (Administration) 2015. Prohibited
advertising devices are identified in Schedule 1 of Subordinate Local Law No. 4 (Local
Government Controlled Areas Facilities and Roads) 2015.
During the development of the draft New Noosa Plan, it was determined by Council that the
outcomes sought for both permanent and temporary advertising devices were better achieved
through a more prescriptive local law approach, rather than the planning scheme which is
performance based and that regulating advertising through a local law consolidates the
requirements in one place rather than across a local law and planning scheme as is currently the
situation.
In deciding to move to regulating advertising signage via a local law Council also considered the
benefits of the former Control of Advertising Local Law No.16 (prior to The Noosa Plan) which
required sign registrations and annual registration payments.
A review of all advertising sign provisions has now been undertaken and new local law provisions
prepared to achieve the following key objectives:
 avoid big city symbols such as large and loud signage;
 reduce the visual clutter of advertising signs and negative impacts on the streetscape
   character, particularly along gateways, entry points and main streets;
 enforce compliance with advertising sign requirements;
 review and strengthen existing advertising sign requirements; and
 introduce a new regulatory framework to achieve the above objectives.

                                                                                    Page 20 of 63

Section 21

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


2.    Compliance audit
The current self-assessable approach to regulating advertising devices relies on businesses to
self-regulate and comply with sign requirements in The Noosa Plan and local laws. This has, in
some cases, lead to compliance issues, misinterpretation of requirements and proliferation of
advertising signs across the Shire.
To address and understand the issues around compliance, an advertising signs audit program
commenced in 2017. The audit found that most businesses (82%) were complying with sign
requirements. The proposed local law is focussing on the key issues identified by the audit and
recurring matters of non-compliance, including the following:
 temporary signs including A frame sandwich boards, tear drop flags and real-estate pointer
   signs cause significant visual clutter in the streetscape and are often not complying with
   current requirements of the local law;
 permanent signs that exceed individual and maximum sign-face area requirements are
   primarily wall and window signs;
 pylon, pole and freestanding signs are prominent on individual premises and within the
   streetscape;
 there is an increasing number of illuminated signs and often there is exceedance of the
   number allowed per tenancy; and
 a strong regulatory framework and ongoing compliance checks are key to reducing the
   proliferation of signage.
The audit is expected to be finalised by mid-2020 resulting in a comprehensive register and
compliance status of all advertising devices across the Shire. The register will identify those
businesses that comply with current requirements and those business are proposed to be issued
with an automatic approval under the proposed local law.
3.    Proposed local law framework
The proposed local law amendments (proposed local law) aim to reduce visual clutter caused by
excessive signage, address compliance issues identified by the audit and introduce a mechanism
for better assessment and ongoing compliance of advertising devices going forward.
Amendments to Local Law No. 1 (Administration) 2015, Subordinate Local Law No.1
(Administration) 2015 and Subordinate Local Law No. 4 (Local Government Controlled Areas,
Facilities and Roads) 2015 are required to facilitate the new regulatory framework.
Current (and revised) advertising device provisions are now consolidated into Schedule 10 of
Subordinate Local Law No. 1 (Administration) 2015, including an approvals process and annual
licence renewal system.
The proposed local law proposes to:
 allow the majority of sign types as self-assessable where they meet specific sign type criteria,
   general criteria and standard conditions;
 require approval for certain sign types that have an impact on the streetscape or where
   compliance has been a recurring issue. Sign types requiring approval must also meet specific
   sign type criteria, general criteria and standard conditions;
 prohibit sign types inconsistent with the character of Noosa, including sign types that exceed
   the individual or total sign face area requirements;
 make provision for time limited approvals and annual licence renewals (12 months);
 apply specific criteria to be met for each sign type;
 apply general criteria and standard conditions to be met for all sign types.



                                                                                    Page 21 of 63

Section 22

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


3.1   Approvals process and licence renewals
The proposed local law introduces an approvals process for certain sign types with an impact on
the streetscape or where compliance issues have been identified through the audit. These
include:
 window signs
 wall signs
 pylon, pole and freestanding signs; and
 all illuminated signs
An application for approval must be made for these sign types and meet the individual sign
criteria, general criteria and conditions of the proposed local law.
A 12 month approval will be issued requiring annual renewal and declaration of ongoing
compliance.
The proposed fee structure for applications for approval and annual licence renewal is outlined
below.
Currently, advertising devices that do not meet the criteria of The Noosa Plan require a code
assessment application at a cost of $920 per sign. The application fees proposed under the
proposed local law are significantly reduced and based on a sliding scale with a monetary
incentive to reduce the number of signs. The proposed application fees are as follows:
 a minimum application fee of $150 for up to 3 signs
 $300 for 4-5 signs
 $450 > 5 signs
 + $100 per illuminated signs
Existing businesses with lawful sign types, that otherwise require approval under the proposed
local law, will be issued an automatic approval licence without application or fee. Following this,
annual licence renewals and payment will be required as outlined below.
A flat fee per business is proposed for annual licence renewals with a 30% discount for
businesses that continue to comply with their approval as follows:
 $75 per business per annum
 30% discount on fees if paid on time and compliance declaration submitted ($52.50)
 Changes to licences or issues of non-compliance – no discount applies.
Revenue raised from the application for approval fees will recover the costs for assessing and
administering approvals.
Revenue raised from the annual licence renewal fees will recover the costs for administering the
licence renewal and undertaking compliance checks.
4.    Key changes to existing advertising device provisions
The proposed local law maintains most of the current sign requirements. In particular, the
maximum individual sign face area of 4sqm and maximum sign face area of 10sqm on a sliding
scale of .75sqm per linear metre of street facing building has been maintained (with the
exceptions outlined below).
The proposed changes aim to better assess, regulate and manage advertising signs and respond
to key issues identified through the compliance audit.




                                                                                    Page 22 of 63

Section 23

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MAY 2019


In particular, the proposed changes aim to reduce the proliferation of temporary signs scattered
throughout the Shire and reinforce the allowable maximum sign face area. The proposed
changes also include some allowances for new sign types and larger individual maximum sign
face area in certain industrial areas.
The key changes to existing provisions include:
 introducing an approvals process for wall, window, pylon, freestanding, pole and all
   illuminated signs;
 issuing approvals with 12 months validity with annual renewal and compliance declaration
   required;
 introducing annual approval licence renewals for existing businesses with sign types that
   require approval under the local law;
 prohibiting signs that exceed the maximum individual or total sign face area;
 prohibiting signs that exceed the relevant specific sign type criteria;
 prohibiting temporary signs not in character with Noosa and causing the main compliance
   issues including tear drop flags, A frame sandwich boards and real-estate pointer signs;
 allowing 1 single LCD / digital screen in windows as an alternative to any other window
   signage to reduce clutter and allow contemporary forms of signage, including a new definition
   for this sign type;
 increasing the maximum individual sign allowance in the Cooroy and Noosaville industrial
   zone to 6sqm on a sliding scale of .75sqm per linear metre of street facing building,
   (excluding Eumundi Noosa Road and Walter Hay Drive as the gateways to Noosa) in
   recognition of larger buildings and industrial nature of the area;
 requiring a sign management plan to be submitted for shopping centres and introducing:
   o    maximum sign face area requirements of 10sqm per street frontage or internal carpark
        frontage per premises on a sliding scale of 0.75sqm per linear metre of frontage;
   o    maximum10sqm per street front tenancy or internal carpark facing tenancy on a sliding
        scale of 0.75sqm per linear metre of frontage; and
   o    1 pole or pylon sign per street frontage
 amending the definition of sign face area to be clear that all collective features of the
   advertising sign, inclusive of words, logos, branding, images, colours, decorative lines,
   stripes, borders and architectural trims are included in the area calculation;
 Note: Single building colours are not considered part of signage however it is preferred that
   the colour of buildings in the industrial area be subdued and fit into the natural landscape.
   This matter will be referred to the new planning scheme.
 allowing development construction hoarding signs as self-assessable;
 amending the event directional sign definition to exclude regular markets;
 introducing a new sign type and criteria for multi-tenancy arcade signs allowing for up to
   2sqm for multiple tenancy business names, as an alternative to the use of A frame sandwich
   boards which are proposed to be prohibited.
 amending the community service organisation sign to allow for sports sign-on days limiting
   the number to 6 with a radius not exceeding 5km from the event in the coastal urban area
   and 15km in the rural hinterland area for no more than 14 days prior to the event;



                                                                                   Page 23 of 63

Section 24

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


 introducing a new sign type and criteria for prize home directional signs with a maximum of 6
   signs, no more than 3km from prize home for the duration of the competition.
 other minor changes for clarification purposes and additional criteria dealing with design and
   amenity.
5.   Implementation
The proposed local law will be implemented in stages to enable a transition for businesses and
allow time for the compliance audit to be completed.
Stage 1 at commencement of local law
The proposed local law is not retrospective with regard to permanent advertising devices
currently regulated under The Noosa Plan. In this regard, existing lawful permanent advertising
devices that comply with current requirements of The Noosa Plan will continue to be lawful under
the proposed local law.
However, temporary advertising devices currently regulated under a local law now proposed as
prohibited signs, being tear drop flags, A frame sandwich boards and real-estate pointer signs,
will be prohibited at the date of commencement of the proposed local law. However, a 6-month
reprieve on enforcing this prohibition will allow businesses time to remove these sign types.
At the date of commencement of the new local law, new advertising signs will be subject to the
provisions of the local law.
Stage 2 (expected to commence following finalisation of the audit mid 2020):
The signs audit and register is expected to be finalised mid-2020. Following this, existing
businesses with sign types requiring approval under the proposed local law (ie. wall, window,
pylon, pole, freestanding and illuminated signs) will be issued an automatic approval licence with
12 months validity. The approval licence will be issued to businesses who have been shown to
comply with existing requirements free of charge and without application.
Following a 12 month period, annual licence renewals will be issued to those businesses and first
renewal payments will commence in 2021.
6.   Statutory process
State consultation
The proposed amendments to Local Law No. 1 (Administration) 2015 requires state interest
review for a 4 week period prior to public notification. Public notification will commence following
receipt and review of state comments.
Public Interest Test Plan
The new local law contains anti-competitive provisions requiring compliance with the procedures
under section 15 of the Local Government Regulation 2012 and the National Competition Policy.
A list of likely anti-competitive provisions has been compiled in Attachment 4 requiring a Public
Interest Test Plan and Report be prepared.
Council is obligated to consider these anti-competitive provisions during the local law making
process in relation to the public interest. For example, it needs to be formally identified whether
there are advantages in the public interest that on balance, outweigh the anticompetitive
elements of the proposed provisions. The outcome of this review will be presented to Council
following the public consultation process.
The public interest test report is the document where the results of the public interest test are
reported. It summarises the assessment of costs and benefits and presents the information in a
format that allows Council to determine whether there is a net community benefit in retaining the
restriction on competition (ie. retaining the anti-competitive provisions). This will be reported to
Council following public consultation.



                                                                                     Page 24 of 63

Section 25

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


Public consultation
Following receipt and review of state comments the proposed local law and Public Interest Test
Plan will be publicly notified for an extended period of 5 weeks, rather than the minimum 21 days.
At the same time, the anti-competitive provisions identified will be considered in accordance with
the prescribed review procedure.
Following consultation, a report will be submitted to Council including the Public Interest Test
Report.
Should there be policy changes to the proposed local law following consultation, further public
notification will be required for an additional 21 days.


Previous Council Consideration
Ordinary Meeting Minutes, 11 February 2016, Item 4, Page 6
That Council note the report by the Manager, Planning & Environment to the Planning &
Organisation Committee Meeting dated 2 February 2016 regarding a proposed audit of
advertising signage with the preferred approach being option 3 and with that option being
referred for consideration in the 2016/17 budget process.


Finance
Administration of the proposed local law will cost Council $140,000 per annum for a full time
assessment / compliance officer, 0.2 part time administration support and vehicle.
The applications fees and annual licence renewal fees are cost recovery only. The expected
revenue from approval licence renewals is expected to cover the cost of administration and
assessment under the local law.


Risks & Opportunities
Because the new Noosa Plan does not contain provisions for advertising devices, the proposed
local law must be in place at the time of its commencement to ensure adequate regulation and
management of advertising devices. It is currently anticipated that the new Noosa Plan will be in
place in late 2019 at which time the local law will need to commence (this is however subject to
state sign off processes).
The introduction of an approvals process and annual licence renewal provides an opportunity for
Council to better assess and regulate advertising signs and manage ongoing compliance.


Consultation
External Consultation - Community & Stakeholder
Consultation with state agencies is required for a 4 week period prior to the public notification of
the new local law.
Whilst no formal consultation has been undertaken with industry groups to date, five real-estate
agents have sent emails to Council’s Development Compliance Officer in support of prohibiting
real-estate pointer signs.
The proposed local law will be placed on public notification for a period of 5 weeks. Business
groups and other key stakeholders will be notified of the proposed local law and individual
meetings with these stakeholders will be offered.




                                                                                     Page 25 of 63

Section 26

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 MAY 2019


Internal Consultation
Internal consultation has been undertaken within the Environment and Sustainability Department
and Executive Services Department. Three Councillor workshops with the CEO in attendance
were held to discuss the proposed local law.
Departments/Sections Consulted:
X   Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Director                                Director
    Executive Support             Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

X   Executive Services        X   Environment & Sustainable Development   Infrastructure Services
    Director                  X   Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service              Development Assessment                  Buildings and Facilities
X   Governance                    Economic Development                    Civil Operations
    People and Culture            Environmental Services                  Disaster Management
                              X   Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                       Page 26 of 63

Section 27

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      7 MAY 2019


                                                  ATTACHMENT 1




                                                    Page 27 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA        7 MAY 2019

                                                    ATTACHMENT 1

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                  Noosa Shire Council

       Administration (Amendment) Local
       Law (No. 1) 2019

                                                      Page 27 of 63

Section 28

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 28 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                   7 MAY 2019

                                               Noosa Shire Council
                                Administration (Amendment) Local Law (No. 1) 2019                        2

       Contents

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                      2.   PUMPOSE ooo... eee eee eee ee eee cee eee ee eee eeeeeceetececeseeceeeeceeeeeeeeeereeeessteeseeeteseetteneeees D

       Part 2         Amendment Of local LAW ........cscccceseecssseeseeeceeeeeeeeeeesessceeeeeeeseeeeeeeeeees O
                      3.   Local law amended ........- 2.2... .ee ese e eee ee cence ee eeneceeeeeececeeeeeeeeetetereeeteeteeeeeeeees D
                      4.   Amendment of s6 (Offence to undertake local law prescribed activity without
                          F518) 8) (0) (| ) cn
                      5.   Amendment of s8 (Form of application) .......... 2.2.                     4
                      6.   Amendment of s38 (Subordinate local laws) -..........200.02 eee           4

                                                                                                Page 28 of 63

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 29 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   7 MAY 2019

                                     Noosa Shire Council
                        Administration (Amendment) Local Law (No. 1) 2019            3

   Noosa Shire Council
   Administration (Amendment) Local Law (No. 1) 2019

   Part 1               Preliminary

   1.   Short title
             This local law may be cited as Administration (Amendment) Local Law
             (No. 1) 2019.

   2.   Purpose
             The purpose of this local law is to amend Noosa Shire Council Local Law No. 1
             (Administration) 2015.

   Part 2               Amendment of local law

   3.   Local law amended
             This part amends Noosa Shire Council Local Law No. I (Administration) 2015.

   4.   Amendment of s6 (Offence to undertake local law prescribed activity
        without approval)
        (1)  Section 6, heading —
             omit, insert—
             “Offence to undertake prescribed activity subject to approval requirement or
             prohibition’.
        (2)  Section 6(2), “A°—
             omit, insert—
             “Subject to subsections (3) and (5). a’.
        (3)  Section 6(3). “However, a’—
             omit, insert —
             ‘A.
        (4)  After section 6(4) —
             insert—
             *(5) A local government may. by subordinate local law. prohibit the undertaking
                 of the prescribed activity of the installation of advertising devices or a
                 particular activity that is within the category of the prescribed activity of the
                 installation of advertising devices.
             (6) A person must not undertake the prescribed activity of the installation of
                 advertising devices in contravention of a prohibition under subsection (5).
                 Maximum penalty for subsection (6) —

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 30 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MAY 2019

                                    Noosa Shire Council
                        Administration (Amendment) Local Law (No. 1) 2019           4

                (a) if the contravention relates to an advertising device other than a
                     temporary advertising device — 50 penalty units:
                (b) if the contravention relates to a temporary advertising device — 20
                     penalty units.
            (7) In this section —
                temporary advertising device has the meaning given in Subordinate Local
               Law No. 1 (Administration) 2015, schedule 10.°.

  5.   Amendment of s8 (Form of application)
            After section 8(7}—
            insert—
            “(8) The local government may waive 1 or more of the requirements of this
                section—
                (c)   imanemergency: or
                (d) ifthere are special reasons for dispensing with the requirements: or
                     Example—where a development permit exists for the prescribed activity.
                (e)  imthe circumstances specified in a subordinate local law.
            (9) The local government may, by subordinate local law. specify the
                circumstances when an application for an approval is deemed to have been

  6.   Amendment of s38 (Subordinate local laws)
       (1)  After section 38(b)—
            insert—
            *(ba)     a prohibition on the undertaking of the prescribed activity of the
                      installation of advertising devices**: and’.
       (2)  After section 38(c)—
            insert—
            “(ca)    the circumstance in which the local government may waive 1 or more
                      of the requirements of section 87“; and
            (cb)      the circumstances when an application for an approval is deemed to
                      have been made*!®: and’.

  A See section 6(5).
  214 See section 8(8).
  218 See section 8(9).

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 31 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 7 MAY 2019

                                      Noosa Shire Council
                          Administration (Amendment) Local Law (No. I) 2019             5

    This and the preceding 4 pages bearing my initials is a certified copy of Administration
    (Amendment) Local Law (No. 1) 2019 made in accordance with the provisions of the Local
    Government Act 2009 by Noosa Shire Council by resolution dated the             day of
    2019.

    Chief Executive Officer
                                                                                  809358 1

                                                                              Page 31 of 63

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               7 MAY 2019


                                                                          ATTACHMENT 3

                                  SCHEDULE

Administration (Amendment) Local Law (No.1) 2019

Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1)
2019




                                                                             Page 32 of 63

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA      7 MAY 2019


                                                  ATTACHMENT 4




                                                    Page 33 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                 7 MAY 2019

                                                                                                                                          ATTACHMENT 4
                                         LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

    Local Law:                    Administration (Amendment) Local Law (No. 1) 2019
   Purpose:                       The purpose of the local law is to amend Local Law No. 1 (Administration) 2015.

            Anti-competitive                     Relevant criteria                                       Explanatory Comments
                Provisions
     Local law section 4(4) (Insertion | 5 — prescribed standard               Council may, by subordinate local law, prohibit the undertaking of the prescribed
     of new section 6(5) and (6))     7 — business restriction                 activity of the installation of advertising devices or a particular activity that is within
                                                                               the category of the prescribed activity. The prohibition may have an impact on the
                                                                               conduct of a business activity.

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 34 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                  7 MAY 2019

                                         LIST OF LIKELY ANTI-COMPETITIVE PROVISIONS

  Subordinate local Law:        Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019
  Purpose:                      The purpose of the subordinate local law is to amend Subordinate Local Law No. 1 (Administration) 2015 and Subordinate Local
                                Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015.

          Anti-competitive                      Relevant criteria                                        Explanatory Comments
              Provisions
   Subordinate local law section 6 | 5— prescribed standard                   Regulates the process for the grant of an approval which may have an impact on
   (Insertion of new sections 12(1), | 7 — business restriction               the conduct of a business activity.
    12(3), and 12(5) to 12(13))      10 — permit requirement
   Subordinate local law section 6 | 5 — prescribed standard                  The local government may, by subordinate local law, declare that section 6(2) of
   (Insertion of new section 12(2)) | 7 — business restriction                the authorising local law does not apply to a prescribed activity or a particular
                                                                              activity that is within the category of a prescribed activity. The new section 12(2)
                                                                              prescribes standards for the undertaking of the prescribed activity of the
                                                                              installation of an advertising device which must be complied with in order for
                                                                              section 6(2) of the authorising local law to not apply to the activity. The
                                                                              requirement for compliance with the prescribed standards may have an impact on
                                                                              the conduct of a business activity.
   Subordinate local law section 6 | 5— prescribed standard                   For the prescribed activity of the installation of advertising devices, the undertaking
   (Insertion of new section 12(4)) | 7 ~— business restriction               of the prescribed activity is prohibited in the circumstances specified in section 6 of
                                                                              schedule 10. The prohibition may have an impact on the conduct of a business
                                                                              activity.
   Subordinate local law section 7 | 5— prescribed standard                   The power to impose conditions and examples of subject matter for conditions
   (Insertion of new schedule 10)   7 — business restriction                  which form part of the process for the grant of an approval. The imposition of
                                     10 — permit requirement                  conditions may have an impact on the conduct of a business activity.
                                                                              Prescribes standards for the undertaking of the prescribed activity of the
                                                                              installation of an advertising device which must be complied with.     The
                                                                              requirement for compliance with the prescribed standards may have an impact on
                                                                              the conduct of a business activity.
                                                                              Regulates the process for the grant of an approval by constraining the Council’s
                                                                              discretion which may have an impact on the conduct of a business activity.
                                                                              Prohibits the undertaking of the prescribed activity of the installation of advertising
                                                                              devices in specified circumstances. The prohibition may have an impact on the
                                                                              conduct of a business activity.

                                                                                                                                               Page 34 of 63

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            7 MAY 2019



3     NOOSA SUSTAINABILITY INSTITUTE – STAGE 1 REPORT

Author            Director Environment & Sustainable Development, Kim Rawlings
                  Environment & Sustainable Development Department

Index             ECM/ Subject/ Sustainability Institute Data 61

Attachments       1.    CSIRO Stage 1 report - Noosa Sustainability Institute
                  2.    Addendum to CSIRO Options & Potential Structures Report
                  (Note: Both attachments have been provided separately to this report)

EXECUTIVE SUMMARY
This report provides the findings from Stage 1 investigation into the concept of establishing a
‘’Sustainability Institute’’ in Noosa. CSIRO undertook the initial analysis work across numerous
national and international sustainability institute models and cases studies to identify success
factors, governance and funding structures of these models and pitfalls to avoid.

Council officers subsequently established a summary of a range of local examples, institutions
and organisations already engaged in research and action around sustainability.

This additional work identified that there is already a significant amount of activity, investment,
research and action occurring around sustainability, and that what is lacking is coordination of
this effort, collation of data and research, shared access to research and outcomes, clear
strategic direction and strategic identification of key sustainability challenges and general
awareness.

The result of the first stage investigation has identified that there is an opportunity for Council to
coordinate and collaborate on the range of action and research already taking place across the
Shire and region.

The report recommends that Council continue to advance the concept of a Sustainability Institute
and that the next step is to establish a coordinated approach to previous and existing research
and activity occurring in our community and region towards sustainability through a range of
actions and initiatives.

RECOMMENDATION
That Council note the report by the Director Environment & Sustainable Development to the
Planning & Environment Committee Meeting dated 7 May 2019 and:
A.    Note the Stage 1 report undertaken by CSIRO titled ‘Noosa Sustainability Institute -
      Defining a World Class Sustainability Research Institute in Noosa - Options and Potential
      Structures’ (provided as Attachment 1) and the Addendum to the report summarising local
      examples of sustainability focussed organisations, action and research (provided as
      Attachment 2);
B.    Endorse advancing this concept through the identification of existing sustainability activity,
      research and action including consideration of establishing a portal/repository for research
      and outcomes and creating a network across all those already in the space;
C.    Undertake further engagement and consultation with key local organisations, institutes,
      community members and experts in this space to advance the idea and further identify
      activity and research that should be captured, and
D.    Report back to Council at a future meeting on progress and potential next steps.


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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019


REPORT
1.    Background

In October 2017 Council endorsed the investigation into the concept of developing a Noosa
Sustainability Institute and agreed to appoint CSIRO Data 61 to undertake Stage 1 of this
investigation.

The Institute concept was intended to move beyond the idea of a ‘think tank’ with the intent to
ensure the conversion of best practice research into effective and implementable action, to
provide an avenue and focal point that brings together researchers, government and community
to more effectively promote, facilitate, test and innovate different sustainability measures and
approaches to real challenges and opportunities within our environment and communities.

It was considered appropriate to undertake this investigative initiative in stages, allowing Council
to input, review and consider the outcomes of each stage prior to advancing to the next stage.
This report provides the outcomes of stage one for Council’s consideration.

Figure 1 below provides an overview of the original project stages.




                       Figure 1. Noosa Sustainability Institute Project Stages

The completion of the Stage 1 investigation has been delayed due to a number of reasons
including change in personnel at CSIRO and change in the business area considered most
appropriate to undertake this work for CSIRO. In addition to this Noosa Council staff determined
at the completion of this report by CSIRO that further work was required to supplement the work
by CSIRO and provide a greater level of awareness about what was already occurring locally
around research and sustainability action. Council staff are aware of many organisations and
action locally engaged in research, solution identification, education and action to address a
range of local and global sustainability challenges. It was considered important to start to collate
this and consider the role of a potential institute and Council in this significant effort. This
additional work included local case studies to complement the work undertaken by CSIRO of
national and international sustainability institute and centre case studies. A summary of local
examples, organisations and action is provided later in this report.

Attachment 1 is the report by CSIRO for Stage 1 of the research into the concept of the Noosa
Sustainability Institute. In developing this report and findings, consultation was undertaken
internally with staff involved in sustainability and research related activities, and discussions were
held with a small number of representatives of key groups or individuals including NBRF. This
input provided valuable insights into historical activity, research and sustainability initiatives
currently underway. It contributed to the development of a set of statements categorised as ‘non-
negotiables’, ‘important’ and ‘desirable’ considered to be important for any institute idea to
succeed in Noosa. These statements or criteria alongside the original brief guided the
preparation of the Stage 1 report.


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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


2.     Discussion

The CSIRO report on Stage 1 (Attachment 1) identifies and provides case studies of three types
of ‘Sustainability Institutes’ – University led, community led and a business-led structure. The
community institutes focus on building sustainability in the local community while the University
institutes are more intent on providing a research focus for students and staff and education of
students. The business-led Institutes operate on a greater fee for service model. Numerous
Australian and International models were considered in the CSIRO report however none of the
institutes examined were considered to provide an absolute match or fit for a Noosa specific
Institute. Instead a range of points were able to be garnered from across the examples
examined.

Further to the examples considered by CSIRO, staff identified a range of local sustainability
initiatives, organisations and activity already underway in Noosa. It could be said that across
organisations such as Council, NBRF, and ZEN Inc. and many Natural Resource Management
groups there is already a version of a community led model of sustainability operating.
Furthermore, the USC Sustainability Centre has in the past been a good example of a University
led model and the Cleantech Industries Sunshine Coast group is an example of a sustainability
business cluster.

The information collated from the search of existing international and Australian institutes
combined with the information from the community interviews and Council staff feedback were
used by CSIRO to develop three options for a potential Noosa Sustainability Institute model. The
models have been structured from a virtual model through to a version that proposes oversight
by a formal Board with a strongly structured research agenda.

The full report on Stage 1 investigation into the concept of a Sustainability Institute provides
greater detail in the overall analysis of all models and case studies. The following critical success
factors and key points for consideration (referred to as danger points in the full report) emerged
from the analysis;

Critical Success Factors for a research/sustainability Institute are:
    The involvement of one or more research entities (e.g., Universities or Government Research
     agencies) that provide a strong research basis for the institute.
    A strong boundary and definition of the area of research or problem/challenge to focus
     research activities, thus maximising research outcomes and uptake.
    The potential for a physical presence as a focal point for the research and to guide
     community engagement.
    A well organised means of storing research data and sharing the research learnings with
     other projects within the Institute and with other entities.
    Strong community engagement, both in helping guide the development or selection of
     research subjects, as well as by assisting researchers through direct engagement in research
     projects (i.e., citizen science).
    A broad funding base, in particular using funding sources such as a café, market garden,
     native nursery etc. to assist funding the base operation of an institute if having a physical
     presence.




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


In contrast, there can be considered a series of key considerations (referred to as Danger Points
by CSIRO) that are the antithesis of the above Critical Success Factors. The key considerations
include:
 A direct and continuous reliance on Council for funding and management of the Institute.
 The lack of involvement of an external research entity in the running and research direction
    setting may make it difficult to attract high calibre projects, researchers or postgraduate
    students and any plans for long term research focus on specific sustainability issues of
    concern (e.g., traffic/transport, climate change etc.).
 Allowing research to progress with limited structure, definition or boundaries. This would
    devalue the relevance of the Institute, both locally and more broadly and have a potential
    negative impact on the uptake of research outputs.
 Not having a transparent and regular rotation of the management/steering group. This can
    lead to entrenched “lines of control” which can impede new research ideas.

Using all of the information obtained, three different models of a potential Institutes were
constructed. Refer Attachment A for further detail however summary provided here;

Model 1 - Essentially a virtual model which provides coordination of research and projects
undertaken, managed by Council and working with researchers that approach Council, Given this
is a web based model (virtual model) the model could include the provision of broader
sustainability information, resources and activities and would be a central repository.

Model 2 – This model involves a more formal structure of management than option 1, however
could evolve from option 1. It proposes a Steering Committee to oversee operations, provide
input into the selection or approval of submitted project proposals, as well as assessing research
outputs. The general operation of the Institute would be supported by an Institute Manager.
Research topics would be identified through calls for research and partnerships with research
organisations. This model would require seed funding from Council with the intent of attracting
funding from other sources, government, industry and potential partners. Similar to the virtual
model of option 1, research, information and outcomes would be coordinated and made
accessible and available to the community. This model is still essentially a Council led model.

Model 3 - This model again builds on the previous, however is a more complex model that sets
research directions, calls for projects, monitors research projects and facilitates the
implementation of research outcomes. This model proposes the establishment of a Board to
oversee operations and decision making, with the board make up proposed to have Council,
community and representatives from research agencies (e.g. universities). This model also
anticipates a potential physical location/presence, a place for researchers to work, demonstrate
outcomes and to be accessible by the community. This model would require funding from a
range of sources.

All of the model options have pros and cons that would need to be considered in the process of
advancing the idea of a research institute and the most appropriate structure for a Noosa
Sustainability Institute.

It was considered by CSIRO that the most complex model (Option 3) has the best potential to
create an international reputation for the Noosa region and attract funding outside of the Council,
however, the complexity of Option 3 means that effort, investment and time would be significant
for it to be established. The simplest model (Option 1) is the easiest to get underway and is
essentially a formalisation and centralisation of the research activities already undertaken within
the Council and potentially across the community. A version of the Option 1 model is what is
preferred for Noosa at this stage and is further discussed later in this report. Subject to the
success of this and further Council consideration progress towards a formal research institute
could then occur.

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 MAY 2019


The CSIRO recommendations are:
 that Council assess the merit of the three models provided, consider the proposed attributes
   and determine a preferred potential model or number of options to take to the next stage of
   assessment and consultation (Stage 2).
 Should Council wish to proceed to Stage 2, clear aims for the institute must be developed
   and communicated to assist in the formulation of any institute structure and inform the
   operating model and to be used for broader engagement on the idea.

Following receipt of the CSIRO report, a decision was made to supplement this report with
additional insight into the scope and quantum of activity within the area of sustainability,
research, action and environmental management locally. Thus a desktop research exercise was
undertaken and the Addendum report (Attachment 2) developed which provides a summary of a
range of local organisations actively undertaking research, partnerships, action and developing
solutions on environmental challenges and sustainability, some local examples include:
    Noosa Council
    Noosa Biosphere Reserve Foundation (NBRF)
    USC Sustainability Research Centre
    Noosa & District Landcare
    ZEN Inc.
    CQ University
    Tourism Noosa
    Clean Tech Industries Sunshine Coast
    Noosa Community Gardens Group Inc.
    Sustainable Planet Institute – Noosa
    Polkadot ecovillages, Noosa
    The Global Change Institute, UQ
    Permaculture Research Institute Sunshine Coast
    Environmental Futures Research Institute - Griffith University
    #Earthtech
    Centre for International Development, Social Entrepreneurism and Leadership

It should be noted this list as summarised in Attachment 2 is not exhaustive however is intended
to demonstrate a range of examples, research and action already occurring locally.

As outlined in the original report on this concept Council has placed significant emphasis and
focus on sustainability for many years, demonstrating leadership for its community around
sustainable practises for its natural and built environment. Council has actively sought to
continue to develop Council's credentials and expertise in this area and it is now clear as
identified in the supplementary work that many also view Noosa in this manner. Many
organisations and individuals consider Noosa an excellent location to both establish themselves
or business, base their organisation or institution and pursue actions and solutions aimed at
addressing global and local sustainability challenges. Noosa is considered to have all the
attributes to be a living laboratory of genuine sustainability.

Evidence of this exists in all of the examples summarised in Attachment 2 however there are two
very recent examples that demonstrate what is already occurring in Noosa and the opportunity
this presents for Noosa. A new enterprise was recently launched at the Peregian Digital Hub
called Earthtech. Earthtech aims to gather together tech creatives, entrepreneurs and investors
to facilitate high-tech innovations that focus on improving the planet, addressing sustainability
challenges including the climate crisis.

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


Already there are a number of local entrepreneurs well-advanced in ground-breaking projects,
from new systems to feed the planet, to a method of speeding up production of vaccinations by
boosting algae production.

Another recent example is the establishment of the USC Centre for International Development
Social Entrepreneurship and Leadership right here in Noosa at the J. The Centre’s objectives are
aligned with the United Nations Sustainable Development Goals with the end goal of improving
people’s livelihoods around the globe utilising the university’s collective capability to respond to
the world’s most critical issues. The centre’s approach is to adopt and adapt innovative practices
to overcome complex global challenges while remaining committed to developing local talent to
solve local problems. The centre already has demonstration of delivering over a 100 projects that
tackle local and global challenges and have social impact.


3.    Alignment with Council strategies

Council has developed or is developing a range of key strategic documents that clearly articulate
specific objectives for Noosa to be well managed and sustainable, to ensure our economy is
diverse and resilient, to engage with our community using best practice and to ensure
sustainability principles are at the heart of all we do.

Council’s Local Economic Plan (LEP) specifically articulates a vision for Noosa to have ‘a
dynamic and resilient economy for generations to come’. The achievement of this is underpinned
by a set of clear objectives in this plan to strengthen and diversify the economy, to explore and
develop collaborative models and partnerships, to connect and share knowledge and data and to
utilise and leverage the strong Noosa brand and commitment to sustainability.

Council’s Environment Strategy which is nearing completion, provides an overall framework and
high level strategic direction on the management of the environment and advancing
sustainability. It sets intentionally aspirational targets and will direct and guide research, action
and activity as well as provide a decision support framework to help prioritise investment and
resources to advance us towards these targets.

Council’s Social Strategy at its core articulates objectives to sustain and enhance the quality of
life of our community, through collaboration and partnerships. Critical to this is access to
information and opportunity.

Collectively these three key strategic documents provide an overall framework that can be used
to identify the key sustainability challenges and opportunities we face as a community and the
associated opportunities for research, action, partnerships and solutions to address these.

Council is therefore well positioned to enable and guide a coordinated and strategic approach to
both the identification of sustainability issues and challenges and a guiding framework to direct
future action and research. Council also acknowledges that the sustainability challenges we face
cannot be dealt with or responded to by one organisation but need collective and collaborative
response, action and investment by many if not all.

4.    Proposed way forward

It is clear from the supplementary information on local examples that there is already a significant
amount of activity, investment, research and action occurring around sustainability, and that what
is lacking is coordination of this effort, collation of data and research, shared access to research
and outcomes, clear strategic direction and strategic identification of key sustainability challenges
and broader general awareness of these.



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Section 41

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


Considering this and the information gained from the Stage 1 process, the following actions are
proposed for Council’s consideration to continue to advance this idea:

1)   Rather than seeking to formally establish an institute either legally (as a separate entity and
     or physically) initially, that progress towards this outcome be made by Council taking a lead
     role in the identification of activity, action, research and information already occurring.

2)   That Council engage further with a range of organisations, groups and individuals already
     in this space in developing a clear strategic agenda aimed at both defining the key
     sustainability challenges we face and addressing these collectively and collaboratively
     either via research, partnerships, action or solution development.

3)   Investigation and scoping be undertaken into the development of a web based
     portal/repository to capture existing sustainability activity. This could be openly available
     and accessible by all, providing an invaluable one stop place to source and access a range
     of information, research and action occurring across our Shire, region and beyond if
     appropriate.

     Council may look to work with a University and/or technology company in the design and
     development of an appropriate repository/portal. This portal/platform could be used to
     aggregate existing sustainability activity, align and organise resources, explore alliances
     and partnerships where appropriate and develop a pathway and strategic direction for
     sustainability research, activity and solutions.

4)   Council receive a further report for consideration outlining the findings and progress of the
     above 3 actions. The report will outline the identification of key sustainability challenges to
     inform the development of a strategic agenda for potential research, action and investment.
     It will also identify what action, research etc. has been done to date around these issues
     and by whom.

In advancing the above actions further engagement will occur with key local organisations,
institutes, community members and experts in this space to develop the ideas, establish a
strategic agenda, create a network and further identify activity and research that should be
captured.

The above actions will be progressed over the coming months, with updates provided to Council
at key steps. Subject to progress and effectiveness of these actions and effort it may lead to the
formation of a Noosa specific Institute in the future however prior to advancing to any next stage
Council consideration will occur. Refer Figure 2.




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                  7 MAY 2019




                   •Identify and
                    coordinate
                    research, action                 •Develop central
                    etc. already                      repository - eg
                    occuring                          Noosa Research
                   •Scope central                     Liibrary                          •Evolve and
                    repository to                    •Determine and                      grow the virtual
                    capture, store                    promote              Council       model
      Council                           Council
                    and make                          Strategic           decision to   •Explore
     decision to    accessible
                                       decision to
                                                      Agenda for                         potential
      proceed       research etc.       proceed                            proceed
                                                      research and                       Physical
                   •Engage to                         action                             presence for
                    inform                           •Establish virtual                  Institute
                    development of                    web based
                    strategic                         model -
                    agenda for                        Potential virtual
                    future research                   Noosa institute
                    and action




                                                     Figure 2



Previous Council Consideration

Ordinary Meeting Minutes, 19 October 2017, Item 1, Page 13
That Council note the report by the Director Environment and Sustainable Development to the
Ordinary Meeting dated 19 October 2017 and
A.       Agree to the appointment of CSIRO’s Data61 to undertake research into the concept of an
         institute of sustainability in Noosa;
B.       Enter into the arrangement with Data61 in accordance with section 235(a) of the Local
         Government Regulation 2012;
C.       Approve the staged investigation and business case development of establishing a
         Sustainability Institute in Noosa;
D.       Refer funding for Stage 1 of the project to the next budget review; and
E.       Consider funding of Stage 2 and 3 of the project at a future Council meeting, following the
         review of the outcomes of Stage 1.


Finance
Council funded the Stage 1 investigation as part of its 2018-19 budget amount of $36,342. This
stage is now complete. It is not proposed to allocate further funding to this concept at this point
any further budget allocation will be the subject of a future report to Council.




                                                                                              Page 42 of 63

Section 43

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              7 MAY 2019


Risks & Opportunities
The concept of a sustainability institute has significant merit for Noosa and was considered to be
a logical next step for Council given its historical and current focus and commitment on
sustainability, and leadership for its community around sustainable practises for its natural and
built environment.

This first stage investigation identifies that there is an opportunity for Council to coordinate and
collaborate on the range of actions and research initiatives already taking place across the Shire
and region. At this point this seems to be the greatest opportunity for Council.

The potential lack of coordination and shared and open access to the significant amount of
research, solution identification and activity occurring and previously occurred in Noosa could
result in duplication of effort, wasted resources, inefficiencies and lost opportunity to advance the
environmental and sustainability objectives of Council and the community.

Consultation
External Consultation - Community & Stakeholder
Stage 1 did not formally require or involve community or external consultation, consultation was
intended and planned in Stage 2 of the investigation should Council proceed to Stage 2.
However, a small number of external stakeholders were approached to provide initial thoughts on
the concept, these thoughts are included in the Stage 1 report Attachment A.

Further engagement is proposed as part of the intended next steps with key local organisations,
institutes, community members and experts already working or active in advancing or addressing
sustainability.

Internal Consultation
An internal working group was involved and provided input into the Stage 1 report as identified in
the report.

Further engagement and consultation will be crucial in the identification and collation of research
and activity occurring across the Shire and Region.

Departments/Sections Consulted:

X   Chief Executive Officer   X   Community Services                      X   Corporate Services
    Executive Officer         X   Director                                X   Director
    Executive Support             Community Development                       Financial Services
                                  Community Facilities                        ICT
                                  Libraries & Galleries                       Procurement & Fleet
                                  Local Laws                                  Property
                                  Waste & Environmental Health                Revenue Services

X   Executive Services        X   Environment & Sustainable Development   X   Infrastructure Services
X   Director                  X   Director                                X   Director
    Community Engagement          Building & Plumbing Services                Asset Management
    Customer Service              Development Assessment                      Buildings and Facilities
    Governance                x   Economic Development                        Civil Operations
    People and Culture        x   Environmental Services                      Disaster Management
                                  Strategic Land Use Planning                 Infrastructure Planning,
                                                                              Design and Delivery




                                                                                           Page 43 of 63

Section 44

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                7 MAY 2019


REPORTS FOR NOTING BY THE COMMITTEE
4                        UPDATE ON YUROL / RINGTAIL ENVIRONMENTAL PROJECT
DOCUMENT INFORM AT ION




Author                            Chief Executive Officer, Brett de Chastel
                                  CEO’s Office

Index                             ECM/ Project/ Yurol and Ringtail State Forests Conservation Project

Attachments                       1.   Plan A – Map of Tenure in Yurol Ringtail Area
                                  2.   Copy of Notice Tabled in State Parliament for Dedication of 357 Ha
                                       of National Park



EXECUTIVE SUMMARY
Nil.

RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 7 May 2019 and note the positive progress in the implementation of
the Yurol / Ringtail Environmental Project.


REPORT
1.                       Background

Council will recall that at a Special Council Meeting on 27 June 2018, Council resolved to enter in
to a number of contracts in relation to the Yurol / Ringtail Environmental Project. This followed a
decision in October 2017 to enter into a Memorandum of Understanding with the various parties
as a prelude to the formal contracts. A copy of the 27 June 2018 Council decision on this matter
is set out later in this report.

The purpose of this report is to provide the Council with an update on the progress of the Yurol /
Ringtail Environmental Project since that Council decision.

2                        Treasury approval under the Statutory Bodies Financial Arrangements Act &
                         Regulations

Following the Council decision, a formal request was made to the Under Treasurer for approval
to enter into this contractual arrangement. Approval was needed because under Section 60A of
the Statutory Bodies Financial Arrangements Act 1982, a local government needs approval to
enter into a financial arrangement which includes an arrangement that provides for a deferred
payment arrangement if the payment period is more than three years. Council will recall that part
of the contractual arrangement was for Noosa Parks Association to pay its contribution towards
the acquisition over a number of years. Approval from the Under Treasurer was received for the
arrangement.




                                                                                              Page 44 of 63

Section 45

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


3    Contract Signing

Following the receipt of the Under Treasurer approval, in accordance with the Council decision,
contracts were signed and payments made as follows:
 The contract was signed between Noosa Council, the Department of Environment and the
    Department of Forestry and Noosa Parks Association relating to the contribution of $3.5M in
    acquisition costs for the pine Plantation License Areas (PLA) and other arrangements relating
    to the tenure, transfers and administration of this environmental project. The acquisition cost
    of $3.5M is shared equally between the State, Council and Noosa Parks Association. Noosa
    Parks Association paid its share of the contribution via a payment of $541,666 (paid upon
    signing of the contract) together with a contractual obligation to pay the five periodic
    payments set out below. Council paid a contribution of $1,791,666 and will receive the five
    periodic payments set out below from Noosa Parks Association. This results in each of the
    three contributors (State Government, Council and NPA) ultimately paying $1,166,666 each
    towards the $3.5M acquisition cost;
 The contract was signed between Noosa Council and Noosa Parks Association relating to the
   payment by Noosa Parks Association to Council of the sum of $125,000 pa for 5 years
   commencing 12 months after their initial contribution of $541,666;
 The contract was signed between the State Department of Forestry and HQPlantations for
   the payment of $3.5M compensation for the surrender of their PLA, the finalisation of their
   commercial pine harvesting and immediate surrender of rights for any hardwood areas
   covered by their PLA.

All of the above contracts have been signed and payments made (other than the five annual
periodic payments which start in 2019). Note that in accordance with the contract, an interest
bearing account with QTC has been established in the amount of $2,333,332 and interest from
that account will be used for Koala preservation projects in Noosa nominated by Noosa Council.
Interest will accumulate for 5 years.

A formal signing ceremony was held on site on 7 November 2018 attended by all of the parties
(including the Minister for the Environment) and media.




                                                                                    Page 45 of 63

Section 46

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MAY 2019


4    Transition Committee

The Transition Committee has been established and met on three occasions. The purpose of the
Transition Committee is to provide a co-ordinated approach to the transition of the lands to
protected area tenure. The Transition Committee deals with practical implementation of the
agreement and maintains ongoing communication and working relationships between the parties.
It has representatives from each of the parties and Council provides the secretarial support to the
Committee. At the first Committee meeting, Council’s CEO was appointed as Chairperson.

Some of the issues that the Transition Committee has been dealing with include:
 Coordinating site inspections to identify the optimum timing for finalisation of harvesting and
   in particular, helping to co-ordinate between HQP and Department of Forestry with their
   remaining harvests.
 Managing the early partial surrender of part of the Ringtail PLA area to allow for early access
   for remediation by third parties.
 Managing the coordination between different government departments for the transition of
   tenure from State forest to National Park (further details below).
 Developing a shared community engagement and communication plan to assist with
   upcoming harvesting in the Yurol/Pomona locality.

The Transition Committee is working exceptionally well with a high level of co-operation and
mutual support for the ultimate goals of the project.

5    First tranche of tenure transfer to National Park

Under the contracts, a first tranche of land was identified to be transferred to National Park from
State forest. This was State forest land that was not encumbered by PLA or affected by
hardwood plantations. In the map attached to this report in Attachment 1, this is identified as the
357 hectares marked in “hatched pink”.

The process for achieving this is relatively complex but has been underway for some time.
Separate land parcels have been established. More importantly, the requisite notice under the
Nature Conservation Act has been tabled in State Parliament on 3 April 2019 by the Minister for
the Environment (see details in Attachment 2).

It is anticipated that by the time this report is considered by Council, that process should be
finalised and that land will have National Park status.

6    Harvesting of existing pine by HQPlantations

Under the contracts, HQPlantations have 5 years to finalise their harvesting of their pine
plantations that have commercial value. It is highly likely that HQPlantations will complete their
harvesting well before that time.

Over the last 9 months, HQPlantations have finalised their harvesting of large sections of the
Ringtail pine forest, particularly those areas near McKinnon Road. There was one small non-
commercial section of pine which has been mulched to promote early regeneration of that
section. This was undertaken by HQPlantations’ contractors while working in the locality but paid
for by Council (approximately $15,000) through arrangements managed via the Transition
Committee. This early intervention will save Council significant regeneration costs further down
the track for that part of the site.




                                                                                    Page 46 of 63

Section 47

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           7 MAY 2019


HQPlantations is in the process of planning its harvesting of the Yurol forest. This will commence
in July this year and last for approximately 6 months. The entire Yurol pine forest (located on the
southern side of Yurol Forest Drive) will be harvested at that time. This will impact on Track 7 of
the Noosa Trail network which will need to be closed in that section for that six-month period
(further details below).

HQPlantations have been outstanding to deal with in this project. They have ensured that their
harvest contractors are taking particular care to leave as much native understory as possible
which will maximise the natural regeneration on the former pine plantation areas.

7     Harvesting of some hardwood area by Department of Forestry

Outside of the Plantation Licence Areas, there are a number of hardwood plantations areas
which, by agreement, the Department of Forestry plans to remove. These are primarily Gympie
Messmate plantations which create mono-cultures that don’t allow native forest to regenerate.
There are good environmental reasons why this hardwood should be removed and all parties are
in agreement in that regard.

The Department of Forestry have 5 years to finalise the harvesting of any of this hardwood area
and again, it is quite likely that most of this will be completed before that five-year period (there is
one block that may not be done until the fifth year).

The Department of Forestry propose to commence removal of some of this hardwood in the next
few months beginning with the hardwood block on the southern side of the railway in Yurol forest.
They will progressively move through other Gympie Messmate areas. The Department of
Forestry is also coordinating with HQPlantations to ensure where they are working in similar
localities, they are sharing information and coordinating regarding traffic management etc.

Council has no remediation obligations for any of these hardwood areas.

8     Communication

The Transition Committee has been developing a community engagement plan as the harvesting
areas will have more impact in the next two to three years, particularly in the Yurol locality around
Pomona. There will be impact on public access to some areas as a result of harvesting of both
pine areas by HQP and hardwood areas by Department of Forestry contractors.

Part of Trail 7 will be closed for up to 6 months as it passes directly through the Yurol Pine Forest
area. Other parts of Trail 7 and part of Trail 8 also pass through some of the hardwood areas
that will be harvested by the Department of Forestry. Shared messaging and support with
signage is being managed through the Transition Committee. Some of the key messaging
includes:
 Both HQP and Department of Forestry contractors have sustainable harvesting practice
   guidelines that they follow. This includes wildlife surveys prior to commencement of harvest
   and also wildlife spotters while the harvest is taking place.
 Harvesting of the pine areas and some hardwood areas in the short term is part of a larger
   environmental project to ultimately create more national park areas in the long term.
 Significant parts of Trail 7 (and part of Trail 8) will need to be closed to the public for safety
   reasons while harvesting is occurring.
 Traffic management plans are being put in place to minimise the impact of forestry trucks on
   local traffic.

Council is taking a central role in the Transition Committee to assist in the provision of
information to our community with support from the other project partners.

                                                                                        Page 47 of 63

Section 48

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 MAY 2019


9     Remediation of pine areas

As Council will recall, we have some remediation obligations for pine areas that have been
harvested by HQPlantations. We have no remediation obligations in relation to any hardwood
areas. Under the contract, those remediation obligations will only occur after 5 years when
Council will have the right to become trustee of the Conservation Park on the former PLA pine
areas. We then have an annual commitment (capped at $125,000 pa for 5 years) to undertake
remediation of those areas. Noosa Parks Association has made a similar financial commitment
for remediation. At the end of the five years, the remediated Conservation Park is then
transferred into National Park.

Early indications are that natural regeneration will be occurring at a significant rate. Pine areas
that have been harvested in recent years in the Ringtail area are showing very strong natural
regeneration. Even the more recently harvested pine areas are showing positive signs of natural
regeneration. The fact that many of these pine areas are being harvested earlier than anticipated
will also provide more time for natural regeneration than the previously anticipated timeframes.

This project has received a high level of recognition and has begun to attract interest from third
parties to assist in the regeneration of these areas. The Transition Committee has worked co-
operatively to manage the partial early surrender of part of the PLA area at Ringtail (at the north
east corner) with a view to providing an access permit to a third party to undertake tree planting
and associated remediation work.

It is important to note that the Council does not have any tenure or formal access rights at this
stage. That will only arise after five years when the Council has a right to become trustee of
Conservation Park over the former PLA pine areas. In the meantime, the State can issue access
permits for interested third parties who wish to assist in the remediation of these former forestry
areas.

Members of the Transition Committee are in negotiation with interested third parties who wish to
provide funds and support for this environmental project. It is apparent that this project will likely
attract significant third party funding, thus potentially taking pressure off Council’s remediation
obligations.

Previous Council Consideration
Special Meeting Minutes, 13 October 2017, Item 1, Page 3
That Council note the report by the Chief Executive Officer to the Special Meeting dated 13
October 2017 and the further report by the Chief Executive Officer to the Special Meeting dated
13 October 2017 containing updated information regarding a proposed hinterland environmental
conservation project and:
A.    Note the proposed environmental benefits, risks and costs associated with the proposed
      project; and
B.    Approve the project “in principle” and authorise the Chief Executive Officer to proceed with
      the Approved Actions as set out in the further report.




                                                                                      Page 48 of 63

Section 49

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 MAY 2019


Special Meeting Minutes, 27 June 2018, Item 1, Page 2
That Council note the report by the Chief Executive Officer to the Special Meeting dated 27 June
2018 in relation to the Yurol & Ringtail State Forests Conservation Project and Council:
A.    Agree to enter into the Deed of Funding provided as Attachment 2 to this report between
      the State, Council, and the Noosa Parks Association;
B.    Note that Council’s contribution of $1,166,000 (GST exclusive) and the balance of Noosa
      Parks Association contribution of $625,000 (GST exclusive) will be funded from 2018/19
      Environment Levy revenue and restricted cash reserves as contributions to the State
      Department of Environment & Science towards the cost of compensation for surrender by
      HQ Plantations of pine harvest licence rights over Yurol & Ringtail State Forests;
C.    Authorise the CEO to remove the confidentiality associated with Attachment 2 Deed of
      Funding between the State of Queensland, Noosa Council and Noosa Parks Association
      once the Minister for Environment & Science has signed the document;
D.    Subject to Treasury approval under the Statutory Bodies Financial Arrangements Act &
      Regulations, agree to enter into a Deed of Funding with the Noosa Parks Association for a
      deferred payment arrangement to reimburse Council the sum of $625,000 payable by the
      Noosa Parks Association Inc. in five annual payments of $125,000 commencing 12 months
      after the signing of the State Funding Deed;
E.    Note the proposed further contribution by the Noosa Parks Association towards Council’s
      costs for the rehabilitation of the pine harvest areas as provided in the Council/Noosa
      Parks Association Deed of Funding, noting that the amounts may vary by mutual
      agreement in the event of Council or others obtaining funding from other sources for
      appropriate works to rehabilitate the pine harvest areas;
F.    Authorise the CEO to make any minor amendments as may be required to finalise the
      Deeds of Funding; and
G.    Appoint the CEO as Council’s Transition Committee member and the Director of
      Environment & Planning as the CEO’s proxy.

Finance
The financial aspects of this project were set out in detail in the CEO’s report to the Special
Council meeting in June 2018. There have been no changes to those financial aspects.

Risks & Opportunities
The risks and opportunities of this project were set out in detail in the CEO’s report to the Special
Council meeting in June 2018. While there have been no changes to those matters, it should be
noted that the successful operation of the Transition Committee reduces risk to a large extent.
That Committee is operating with a high level of co-operation and a shared goal to make this
project successful.

Consultation
External Consultation - Community & Stakeholder
The Transition Committee consists of representatives of:
 HQ Plantations
 Noosa Parks Association
 Department of Forestry
 Department of Environment
 Queensland Parks and Wildlife Service




                                                                                     Page 49 of 63

Section 50

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          7 MAY 2019


Internal Consultation
 Director of Environment and Sustainable Development
 Senior Environment Officer

Departments/Sections Consulted:

x   Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Director                                Director
    Executive Support             Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

    Executive Services        x   Environment & Sustainable Development   Infrastructure Services
    Director                      Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service              Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture        x   Environmental Services                  Disaster Management
                                  Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                       Page 50 of 63

Section 51

ATTACHMENT 1




  Page 51 of 63

Legend                                                                                                                                                                     PR             \
                                                                                                                                                                            SSB         y A
Rey Stage 1 - Proposed National Park tenure - about 357.3 ha                                                                                                               [BREF             \                                           i LAN            A
                                                                                                                                                                           Kerr,             \
C_] Stage 2A - Proposed National Park tenure - about 991.22 ha                                                                                                             Do                 Ss,
   YW “/ | State 2B - Proposed Conservation Park tenure - about 1039.81 ha                                                                                            Bry                       y                                 ATTACH MENT 1
  ITF                                                                                                                                                                      aa                   ‘m
       |  State Hwd Plantations DAF interest - about 136.38 ha                                                                                                       p                            J                                               A,
                                                                                                                                                                                                 {
 |_| _ HOP Hwa Ptantations DAF interest- about 156.55 ha                                                                                                             }                           j
          Existing National Park                                                                                                                                    }                           4
                                                                                                                                                                    I                           }
          Conservation Park                                                                                                     pee                    fara as                                f
                                                                                                                               °                                 7,                         ff
ea           Z                                                                                                             et     Tewantin                   5            eee            ] f
          Water bodies                                                                                                        y          :                                 i   if          f
  2     = Major roads                                                                                                    Lo     National Park                           pt               {                                                      Great Sandy
                                                                                                                                                                           orest
                                                                                                                                                ™                                        }                                                     National Park
  Note: DAF Interest Areas - harvesting activities will cease five (5) years from                                                                                                        |
       the date of the Deed.                                                                                                                                   4                         4
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                                                                                                                                                                                                                                         Page 51 of 63

Section 52

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    7 MAY 2019




                                                  Page 52 of 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                    7 MAY 2019

                                                                                           ATTACHMENT 2
    Copy of Notice Tabled in State Parliament for Dedication of 357 Ha of National Park

                                            MINISTERIAL PAPER
                                       Revocation of Protected Areas
       $.    Hon. LM ENOCH (Algester—ALP) (Minister for Environment and the Great Barrier Reef, Minister
       for Science and Minister for the Arts) (9.35 am): | lay upon the table of the House a proposal under
       section 30 of the Nature Conservation Act 1992 and a brief explanation of the proposal.
       Tabled paper Proposal under section 30 of the Nature Conservation Act 1992 and a brief explanation of the proposal
                                            NOTICE OF MOTION
                                       Revocation of Protected Areas
       @,    Hon. LM ENOCH (Algester—ALP) (Minister for Environment and the Great Barrier Reef, Minister
       for Science and Minister for the Arts) (9.36 am): | give notice that, after the expiration of at least 28 days
       as provided in the Nature Conservation Act 1992, | shall move—
       (1)   That this House requests the Governor in Council to:
             (a)   revoke by regulation the setting apart and declaration of parts of two State forests; and

        1008                                  Ministerial Statements                            3 Apr 2019

            (b)   dedicate by regulation the revoked areas of the aforementioned State forests as national park:
             under section 30 of the Nature Conservation Act 1992 as set out in the Proposal tabled by me in the House today, viz—
                                             Description of areas to be revoked
                Yurol State Forest           An area of about 234.4 hectares, as illustrated on the attached "Yurol State
                                             Forest revocation: sketch A".
                 Ringtail State Forest       An area of about 72.99 hectares, as illustrated on the attached "Ringtail
                                             State Forest revocation: sketch B".
                                       Description of area to be revoked and dedicated
                Tewantin National Park       An area of about 357.39 hectares, as illustrated on the attached "Tewantin
                                             National Park addition: sketch C”.
      (2)   That Mr Speaker and the Clerk of the Parliament forward a copy of this resolution to the Minister for Environment and
            the Great Barrier Reef, Minister for Science and Minister for the Arts for submission to the Governor in Council.
            These revocations are the first stage of the state forest upgrades to protected area as part of the
      partnership between the state of Queensland, HQPlantations Pty Ltd, Noosa Shire Council and Noosa
      Parks Association Inc. to progressively convert the whole of Yurol State Forest and Ringtail State Forest
      to protected area.

                                                                                                 Page 52 of 63

Section 53

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              7 MAY 2019


5                        ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 3RD
                         QUARTER 2018-19
DOCUMENT INFORM AT ION




Author                              Director Environment and Sustainable Development, Kim Rawlings
                                    Environment and Sustainable Development Department

Index                               ECM/ Subject/ Environment and Sustainable Development Reports

Attachments                         Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 7 May 2019 providing an update on
operations of the Environment and Sustainable Development Department for the period
1 January to 31 March 2019.



REPORT
The adopted organisation structure includes the following branches under the Environment and
Sustainable Development Department:
                       Environmental Services;
                       Strategic Land Use Planning;
                       Economic Development;
                       Development Assessment; and
                       Building and Plumbing
This report provides a brief summary regarding recent performance, current priorities and future
initiatives for the Environment and Sustainable Development Department.




                                                                                            Page 53 of 63

Section 54

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                      7 MAY 2019


ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT

BRANCH ACTIVITIES                            RECENT ACHIEVEMENTS                           CURRENT PRIORITIES                             THE NEXT QUARTER
Director’s office
Sustainability Institute Feasibility Study      Final report received from CSIRO on         Compliment CSIRO report with                 Council consideration of Phase 1
Stage 1                                           phase 1 – this report investigates the        assessment and identification of               report
                                                  concept of a Sustainability Institute         local activity investment and action
                                                  and analyses a range of case                  around sustainability.
                                                  studies from various institutes
                                                  across Australia and the world
Engagement on New Noosa Plan                    A number of meetings held with key          Ongoing      meetings  with key
                                                  landowners and organisations                  landowners – Stockwell, Coles,
                                                                                                Spotlight, Coast 2 Bay
Electronic Lodgement of Development             Working with IT and TechnologyOne           Meetings with TechnologyOne to               Engage with Planning consultants to
Applications                                      on scoping transition to electronic           configure     system    to    enable           test electronic lodgement process to
                                                  lodgement      for    Development             electronic lodgement of development            gain feedback and ensure process
                                                  Applications                                  applications    proposed    to   be            creates efficiencies
                                                                                                implemented at similar time to new
                                                                                                Noosa Plan


Environmental Services
Noosa Environment Strategy                      Environment & Sustainable Living            Review of community consultation             Councillor workshop on outcomes of
                                                  Policy adopted by Council on 21               and amendment of Environment                   community consultation and draft
                                                  February 2019.                                Strategy to reflect this.                      implementation plan.
                                                Draft Environment Strategy was              Development of draft implementation          Environment          Strategy   and
                                                  endorsed for public consultation by           plan based on community feedback.              Implementation Plan to be presented
                                                  Council on 21 February 2019.                                                                 to Council for final adoption.
                                                Community Consultation on the draft
                                                  strategy from 25 February - 25
                                                  March 2019.
Noosa River Plan                                Engaged consultant to investigate           Redrafting the Noosa River Plan to           Prepare restructured draft of the
                                                  sustainable fishing options in the            reflect risk assessment for threats            River Plan for Council.
                                                  Noosa River to inform final draft of          and     values,   from     community         Decide upon next stage of
                                                  plan.                                         feedback.                                      community consultation with regard
                                                Agreed on new structure of plan,            Finalisation of sustainable fishing            to the River Plan.
                                                  reflecting   community     feedback           options as a key input into final River
                                                  regarding values and threats.                 Plan


                                                                                                                                                                   Page 54 of 63

Section 55

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                 7 MAY 2019


BRANCH ACTIVITIES                        RECENT ACHIEVEMENTS                           CURRENT PRIORITIES                          THE NEXT QUARTER
Sustainable Fisheries Direction Paper       Reported back to Council on                 Providing feedback and input to           Present option paper to Council.
                                              successful tender arrangements.               consultants to finalise the options       Discuss     Council      position  on
                                            Interim report and presentation to            paper.                                      commercial fishing to provide
                                              Councillors on 20 February 2019.            Prepare to present options paper to         feedback into State Fisheries
                                                                                            Council.                                    Reform consultation processes.
Implementation of the ZEN Organisation      Tewantin building lighting retrofit         Noosa landfill emission reduction         Modelling of costs/benefits of landfill
Strategy                                      90% complete                                  strategies                                  emission reduction strategies
                                            Presentation to Council of the ZEN          Community       emission   reduction      Scope the revised ZEN strategy
                                              Organisational Strategy Update                opportunities                               following the finalisation of the
                                            Commencement of Tewantin roof &             Working with waste on behaviour             Environment Strategy for Council
                                              90kW solar system installation                change initiative                           consideration later in the year.
                                            Investigation of opportunities to           Relocation of 10kW solar system           Collation & review of electricity and
                                              improve landfill gas extraction at the        from Tewantin building to Pomona            consumption of solar data for first
                                              Noosa landfill                                Depot                                       year since installation.
                                            Noosa River Holiday Park & Butter           NAC Pool LED retrofit
                                              Factory procurement process                 Offset opportunities
                                            Completion of LED upgrade at the
                                                                                          ZEN     Organisational    strategy
                                              Noosa Leisure Centre
                                                                                            review
                                            NAC LED Pool light retrofit -
                                              engineering inspections complete
                                            Procurement and evaluation process
                                              for the Noosa Library underway
                                            Community ZEN events
Private Land Conservation Partnerships      Natural Areas staff have been               All contractual requirements for          Review the role of the Community
- Land for Wildlife and Voluntary             temporarily filling the Community             Voluntary Conservation Agreements           Partnerships Conservation Officer
Conservation Agreements.                      Partnerships role managing the                for the 2018/19 financial year have         role, once 2019/20 budget finalised,
                                              Land for Wildlife and Voluntary               been completed, or contractors              with a view to recruiting.
                                              Conservation Agreement programs.              organised with purchase orders            Prioritise properties that have
                                            A new regional coordination model,            raised.                                     expressed an interest in establishing
                                              moving away from a partnership with         We are now up-to date with Land for         VCA’s, through the Environment
                                              Healthy Land & Water is now in                Wildlife visits, having signed up 8         Levy Working Group.
                                              place with Council collaborating with         new properties in the past 2 months.
                                              10 other SEQ Councils and directly
                                              funding a regional coordination role,
                                              currently hosted by Sunshine Coast
                                              Regional Council in an interim
                                              arrangement.




                                                                                                                                                             Page 55 of 63

Section 56

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                  7 MAY 2019


BRANCH ACTIVITIES                      RECENT ACHIEVEMENTS                             CURRENT PRIORITIES                            THE NEXT QUARTER
Community Bushland Care Program           Recruitment of 38 new volunteers              Now that the groups are all up and          Preparation for a big National Tree
                                            since January bringing our total to             running for the year, using available         Day event.
                                            204 registered volunteers.                      resources to provide the technical          Exploring ways to better tailor and
                                          New volunteers for the Castaways                and physical support required to              market the program to be more
                                            Beach group has allowed them to                 achieve the goals outlined in the             attractive to a wider demographic.
                                            significantly increase the size of their        bushcare plans.
                                            project area.                                 Continued production of group-
                                                                                            specific promotional material, mostly
                                                                                            in the form of promotional flyers
                                                                                            which have been distributed in the
                                                                                            areas around Bushcare sites as well
                                                                                            as social media platforms. This form
                                                                                            of direct response marketing is low
                                                                                            cost and has proven to be quite
                                                                                            successful so far and recruitment of
                                                                                            the majority of new volunteers can
                                                                                            be attributed to it.
The Nature Conservancy Partnership -                                                      Drafting partnership agreement with         Developing partnership agreement
Bring Back The Fish                                                                         The      Nature      Conservancy    to        with The Nature Conservancy to
                                                                                            formalise partnership on the oyster           formalise partnership. Bring draft
                                                                                            reef project.                                 agreement to Council for approval.
Environment Levy Land Acquisition         Nature refuge processing completed            Finalising details around extension         Preparation for first tree planting at
Program                                     for Cooloothin                                  of the Girraween Nature Refuge.               Yurol / Ringtail.
                                          Continue maintenance works at                 Working        towards     start    of
                                            Johns Landing and Cooloothin                    revegetation projects at Yurol-
                                                                                            Ringtail site.
Pest Management                           Completed 3rd quarter of Biosecurity          Feral Deer control in the Lake              Complete 4th quarter of Biosecurity
                                            Surveillance Program including the              MacDonald area corresponding with             Surveillance Program.
                                            inspection of properties in the Kin             the breeding season.                        Complete annual contract work for
                                            Kin, Pinbarren and Cooran areas.              Survey of properties in the Pinbarren         Transport and Main Roads for
                                          Intensive Wild dog and Fox control              Creek area for the mapping of Cat’s           priority weed control and feral deer
                                            trapping completed by contractor in             Claw Creeper infestations.                    management on State controlled
                                            Ridgewood,      Federal,     Cooroy                                                           road reserve areas.
                                            Mountain, Pinbarren, Kin Kin and                                                            Draft new Biosecurity Plan to
                                            Cootharaba areas.                                                                             replace Pest Management Plan.
                                                                                                                                        Complete first round of Coordinated
                                                                                                                                          Wild Dog control baiting in the areas
                                                                                                                                          of Como, Kin Kin, Cootharaba,
                                                                                                                                          Federal and Ridgewood.


                                                                                                                                                               Page 56 of 63

Section 57

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                 7 MAY 2019


BRANCH ACTIVITIES                       RECENT ACHIEVEMENTS                             CURRENT PRIORITIES                           THE NEXT QUARTER
Biosecurity Plan                           Draft scope developed for new                 Finalise scope of Plan                     Complete risk assessment process
                                             Biosecurity Plan (to replace current          Undertake initial risk assessments of        and start drafting the plan.
                                             Pest Management Plan)                           biosecurity risks to inform the plan.
                                           Internal workshop held to discuss
                                             scope and relevant emerging issues
Noosa Bushland Reserve Strategic Plan      Further developed document with               Developing/amending action plan            Host workshop with Councillors and
                                             consultant. Aligned priorities with                                                          receive feedback.
                                             Environment Strategy.
Noosa Trail Network                        Re-opening of Trail 8 up to Mary              Working with consultant on Master          Review of draft Master Plan when
                                             River Rd.                                       Plan for trail network in partnership        available.
                                                                                             with Tourism Noosa.
                                                                                           Working with stakeholders with the
                                                                                             implementation of Yurol Forest
                                                                                             harvesting operations, with probably
                                                                                             track closures in the future.
Strategic Land use Planning
Drafting new Noosa Plan                    Finalised material for consultation           Finish Shire wide community                Complete consultation by 20 May
                                           Reported to Council to endorsed                 consultation on the draft plan by 20         2019.
                                             public consultation on the Draft                May 2019.                                  Undertake       assessment      and
                                             Noosa Plan                                    Commence        consideration      of        consideration     of    submissions
                                           Commenced Shire wide public                     submissions received.                        received during consultation.
                                             notification and media campaign.
                                           Undertaken static and pop-up
                                             customer displays at 9 locations.
                                           Undertaken        specialist     group
                                             information        sessions        with
                                             environment, social and business
                                             groups as well as professional
                                             services and consultants.
                                           Undertaken meetings with key land
                                             owners eg Stockwell, Spotlight
                                             Group and Coles.
Climate Change Adaptation Plan             Community engagement campaign                 Submit key asset register for              Finalise  whole-of-Shire  multi-
                                             Stage 2 (options distillation)                  submission to LGAQ & DES, finalise           sectoral climate   change  risk
                                           Tidal inundation modelling further              risk assessment and complete                 assessment results with sector
                                             developed.                                      options cost-benefit analyses                experts.
                                           Biodiversity     Assessment       (incl.
                                             report) completed.


                                                                                                                                                             Page 57 of 63

Section 58

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                 7 MAY 2019


BRANCH ACTIVITIES                    RECENT ACHIEVEMENTS                             CURRENT PRIORITIES                             THE NEXT QUARTER
Business as Usual activities            General advice and advocacy                   Discussion with applicants about key         Respond to enquiries and comments
                                        Customer enquiries                              development sites linked to new                arising from new planning scheme
                                                                                          planning scheme.

Economic Development
Local Economic Plan implementation       LEP      Scorecard      published    in      Continuation of LEP implementation           Host a number of business
                                           February 2019. Of 68 actions, 52 or            with a focus on increased business             networking events, implement new
                                           79% either completed or progressing            communications,          marketing,            customer relationship management
                                           well.                                          economic information tools and                 program         and       expand
                                         Councillor Economic Development                grants uptake                                  communications activities
                                           quarterly update held in January
                                           including initial discussion regarding
                                           a review of the LEP and an exercise
                                           related to potential economic future
                                           scenarios
Business Support and Development         Concierge service provided to                Working     with    potential    grant       Providing ‘concierge’ services to key
                                           multiple stakeholders including:               applicants    to   develop      quality        clients
                                          o Pure Underwater Imagery                       applications with high impact                Continue to promote and improve
                                          o Noosa TV                                      outcomes.      Potential   applicants          the quality of Grant applications
                                          o Alkira                                        include; CCIQ Noosa, Innovate
                                          o Ocean Hydro                                   Noosa, Create Noosa, Generation
                                        Digital    Hub      Director   provided         Innovation, Noosaville Business
                                          extensive mentoring services to                 Association, Slow Food Noosa
                                          tenants                                       Regional     Innovation       Program
                                         Key relationship meetings held with:           (SCRIPT) – finalising transition of
                                          o Peregian          Beach      Business         operational model to Innovation
                                                                                          Centre
                                               Association
                                          o Noosa Junction Association                  Providing ‘concierge’ services to key
                                                                                          clients
                                          o Innovate Noosa
                                          o Unity Water
                                          o CCIQ
                                          o Queensland           government      –
                                               Advance Queensland and LGAQ
                                          o ZEN
                                         Attended:
                                           o Noosa Brewing Co launch
                                           o Suncoast Angels – hosted event
                                                at Digital Hub

                                                                                                                                                             Page 58 of 63

Section 59

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                            7 MAY 2019


BRANCH ACTIVITIES                       RECENT ACHIEVEMENTS                      CURRENT PRIORITIES                            THE NEXT QUARTER
Industry & Sector Development          Digital Hub – the January to March         Digital Hub – continue strong start to      Digital Hub expansion – lead design
                                         period has seen a strong increase in         the new calendar year                         of next stage as part of Rufous
                                         demand for Tech co-work space. 8           Aviation (Drones) – Commercial                Street project
                                         new members have signed-up. A                Pilot information night scheduled for       Aviation (Drones) – support research
                                         strong program of technology events          April                                         and assessment of plans for a
                                         and programs are continuing to be          Education Sector – NETA charter               national drone academy based in
                                         hosted involving of total of 200-300         finalised   and     funding    model          Noosa
                                         participants each month                      operational                                 Education – NETA invited to meet
                                       Aviation – Drones are a rapidly            Sustainable Tourism – continue to             Councillors    at   next    quarterly
                                         emerging new industry sector. The            be part of the Industry and                   economic update
                                         owner and CEO of National Drones             Sustainable Development working
                                         is based locally and the Digital Hub         group and Value of Tourism project
                                         Director is leading a number of
                                         initiatives to assess the development
                                         of a national drone academy.
                                      Education Sector – The NETA project
                                         co-ordinator successful in gaining
                                         financial contribution from NETA
                                         members.
                                      Rural & Agribusiness Sector –
                                         excellent ‘Meet the Maker’ event
                                         hosted by Food and Agribusiness
                                         Network (FAN) and held at the Big
                                         Pineapple. Strong presence from
                                         Noosa Slow Food members.
                                      Sustainable Tourism – working on
                                         Noosa Trails Master Plan project,
                                         Value of Tourism research, and
                                         assessing opportunities for Business
                                         Events
Communications and Marketing Program  New economic data and economic              Continued promotion of the Peregian         Development and adoption of a
                                         impact tools from economy.id                 Beach Digital Hub                             marketing   and communications
                                         purchased and training provided            Development of marketing collateral.          strategy.
                                      Increased        communications    and      Finalise CRM system to support              Rollout content calendar with
                                         marketing of business information            marketing activity                            support from Council community
                                         and events.                                                                                engagement team




                                                                                                                                                        Page 59 of 63

Section 60

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                    7 MAY 2019


BRANCH ACTIVITIES                          RECENT ACHIEVEMENTS                           CURRENT PRIORITIES                            THE NEXT QUARTER
Leadership & Strategy Program               RDA Sunshine Coast – Economic                 Support and Influence regional              New Planning Scheme business
                                              Development Manager ex-officio                  priorities through involvement with           engagement
                                              member of RDA Sunshine Coast                    RDA, Sunshine Coast Business                Rufous Street next stage early
                                            Submarine Cable – Peregian Digital              Council and others                            design consideration
                                              Hub supported Sunshine Coast                  Continue to represent economic and
                                              Business     Alliance   event.      180         business interests across Council
                                              attendees, Digital Hub Director panel           activity
                                              member
                                            Economic       Development       team
                                              contributed to following Council
                                              projects:
                                              o Signage review
                                              o New Planning Scheme business
                                                  engagement
                                              o Place-based approach
                                              o Sustainability Institute feasibility
                                              o Disaster Recovery group
                                              o Rufous Street PCG (next stage
                                                  Digital Hub)
                                              o Climate Change Adaptation &
                                                  Environment Strategy
                                              o Fisheries         Research           &
                                                  Assessment EOI
Business as Usual activities                Represent Council at a range of               Client management         and   inward      Ongoing    business          enquiry
                                               business and network forums                    business enquiries                            management
                                                                                            Meetings with key         stakeholders
                                                                                              internally / externally

Development Assessment
Local Government Infrastructure Plan for      Public Notification of draft LGIP and       Consider any submissions received           Amend LGIP if required in response
next planning scheme                            supporting documents along with the           on LGIP                                       to submissions
                                                New Noosa Plan
Auditing program for Advertising Devices      Agreements continue to be reached           Prepare draft Local Law for                 Undertake community consultation
                                                with a number of business owners in           advertising signage, informed by              of draft Local Law including targeted
                                                Tewantin,     Noosa      Junction   &         audit results                                 consultation with industry groups
                                                Noosaville     to    address      non-      Report draft Local Law to Council in        Continue auditing program for
                                                compliant signage                             preparation      for     community            advertising devices – Eastern
                                                                                              consultation                                  Beaches & Hinterland area

                                                                                                                                                                Page 60 of 63

Section 61

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                        7 MAY 2019


BRANCH ACTIVITIES              RECENT ACHIEVEMENTS                            CURRENT PRIORITIES                            THE NEXT QUARTER
                                  Workshops held with Council on
                                    options for regulating signage under
                                    Local Law
Business as Usual activities      Monthly reporting to Treasury Qld            Eaglerise, M Design & Fourteen              Continued        assessment      of
                                    State Government and Australian                Enterprise, Noosa Airfield appeals            Development Applications lodged
                                    Bureau of Statistics on development            underway                                      under The Noosa Plan
                                    approval information                         Conditions for Thomco prepared and          Supporting       the    community
                                  Kenlynn Appeal trial heard in March            are with applicant                            engagement and public notification
                                    2019 with appeal summations to be            Mediation for Denmark, Trust                  process for the New Noosa Plan
                                    heard in April 2019                            Company, RACV appeals
                                  Submission lodged with DILGP re              Investigating process for issue of
                                    proposed changes to Planning Act               Infringement    Notices   to   non-
                                    2016 – Infrastructure Charging                 compliant real estate signage under
                                  Submission       lodged     to   the           the Local Law.
                                    Coordinated Project for Upgrade of
                                    Six Mile Creek Dam
Building and Plumbing
Legislative Review                Preparation for the introduction of          Prepare report to Council regarding         Implement Council resolutions for
                                    the     amended       Plumbing      and        new legislative obligations with the          the   commencement      of    new
                                    Drainage Act 2002 continued with               new Plumbing Act and Regulations.             Plumbing and Drainage Act 2018
                                    the new Plumbing Act 2018                                                                    and Standard Plumbing Regulations
                                    legislative obligations to commence
                                    in July 2019.
Business as Usual activities      Meeting      legislative     timeframe       Maintain     existing      legislative      New Plumbing and Drainage fast
                                    requirements for 80% of plumbing               timeframes and obligation.                    track approval processes and
                                    applications.                                Identify new legislative fines and            permits have been developed to
                                  RABs and Document Lodgements                   State approvals for SPER. Building            meet Council’s obligations under
                                    95% meeting time frames                        Act has been completed but more               new Plumbing and Drainage Act
                                  Monthly reporting to Treasury Qld              work to be undertaken in regards to         Joint meeting with Distribution
                                    State Government and Australian                new Plumbing Act (new Act has                 Retailers and Regional Councils for
                                    Bureau of Statistics timeframes on             been passed by State Government               the development of a new domestic
                                    track.                                         with new SPER requirements).                  and      commercial    “connection”
                                  Complaint        and      investigation                                                      approval agreement – not completed
                                    reporting timeframes on track                                                                to date.
                                  Council has defended one tribunal            Waiting decision outcomes from
                                    case this quarter :                            tribunal in regards to 45 Shorehaven
                                    45 Shorehaven Drive – Noosa                    Drive, Noosa Waters
                                    Waters, Car port within the front 6m


                                                                                                                                                    Page 61 of 63

Section 62

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                                                                                    7 MAY 2019


BRANCH ACTIVITIES                        RECENT ACHIEVEMENTS                            CURRENT PRIORITIES                            THE NEXT QUARTER
Plumbing and Building Audit,                Audit Programme stage one of four            Mail out stage two commercial               Undertake a desk top analysis with
Educational Programmes                        stages (Backflow Prevention Device)            properties subject to Backflow                identified results of audits (estimated
and Swimming Pool Immersions                  Stage one completed and stage two              Prevention Device audit programme             programme timeframe = 9 months)
                                              to commence in March 2019.                   Current investigations into reported          This programme is 100% complete
                                            Swimming       Pool      educational           Queensland Health pool immersion              to date. Results are as follows;
                                              programme – Council developed                  (possible fatalities)                         1. 100 devices added to register.
                                              educational brochures mailed out to            o 86 Noosa Pde, Noosa Heads                   2. 66 commercial properties are
                                              4,000 pool owners within the Shire.            o 6 Cooloosa Street, Sunshine                     protected          from       cross
                                            Continue to investigate swimming                    Beach                                        connections
                                              pool immersions as requested by                o 29 Viewland Drive, Noosa                  Identify appropriate swimming pool
                                              Queensland Health.                                  Heads                                    safety signage for customers
Compliance Approvals –Council and           Continuing audit of outstanding              Continue to undertake desk top              Continue to work with internal
Community.                                    Building files. 50% of internal                study and inspect outstanding                 Council, community groups and
                                              identified building files completed to         Internal and external building files          external customers in completing
                                              date and 3% of external identified           Plumbing projects;                            outstanding building and plumbing
                                              building files completed to date               1. North Shore Wilderness Camp,               approvals.
                                            Undertake plumbing design and                       Design and Plumbing approval
                                              approval of internal Council projects               for      Alternative     solution
                                                                                                  (plumbing and waste water)
                                                                                             2. Noosa Tip – Building and
                                                                                                  Plumbing approvals
                                                                                             3. Building & Plumbing approval
                                                                                                  for demolition of Jet ski shed
                                                                                                  Hastings Street
                                                                                             4. Soccer club Girraween Sports
                                                                                                  complex – Roof to Grandstand
                                                                                             5. Demo shade house Botanical
                                                                                                  Gardens
                                                                                             6. Pony Club Tewantin Amenities
                                                                                                  approval
                                                                                             7. Cooran Crusher Park- seating
                                                                                                  roof structure
State Government Form 4A Process            Meet with all Public entities including      Meet with Unitywater to discuss             Continue to undertake Shire wide
Implementation Audit Programme.               Noosa Council and Q Build                      procedure options for form four               audits
(included in programme: Federal, State        Queensland      representatives      to        submissions to Council                      Continue to meet with Unitywater, Q
and Local Government Agencies)                discuss processes for audits                                                                 Build     and     Main        Roads
                                                                                                                                           representatives to discuss the
                                                                                                                                           ongoing    development     of   this
                                                                                                                                           programme.


                                                                                                                                                                Page 62 of 63

Section 63

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             7 MAY 2019


Previous Council Consideration

Nil.

Finance

Nil.

Risks & Opportunities

The Environment and Sustainable Development Department continue to experience high
workloads across all areas, with the ongoing public notification and Shire wide community
engagement program for the Draft New Noosa Plan underway. A range of initiatives have been
put in place to minimise any potential delays in Development Assessment and manage customer
expectations while maintaining our focus on good customer service during this period.

Consultation

External Consultation - Community & Stakeholder

Nil.

Internal Consultation

Departments/Sections Consulted:

       Chief Executive Officer       Community Services                      Corporate Services
       Executive Officer             Director                                Director
       Executive Support             Community Development                   Financial Services
                                     Community Facilities                    ICT
                                     Libraries & Galleries                   Procurement & Fleet
                                     Local Laws                              Property
                                     Waste & Environmental Health            Revenue Services

       Executive Services        X   Environment & Sustainable Development   Infrastructure Services
       Director                  X   Director                                Director
       Community Engagement      X   Building & Plumbing Services            Asset Management
       Customer Service          X   Development Assessment                  Buildings and Facilities
       Governance                X   Economic Development                    Civil Operations
       People and Culture        X   Environmental Services                  Disaster Management
                                 X   Strategic Land Use Planning             Infrastructure Planning,
                                                                             Design and Delivery




                                                                                          Page 63 of 63

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