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                      MINUTES


            Ordinary Meeting

              Thursday, 17 June 2021

                    commencing at 5pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                     17 JUNE 2021


1   ATTENDANCE & APOLOGIES
    COUNCILLORS
    Councillor C Stewart, Mayor
    Councillor K Finzel
    Councillor J Jurisevic
    Councillor A Lorentson
    Councillor B Stockwell
    Councillor T Wegener
    Councillor F Wilkie

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    K Contini, Director Community Services
    M Shave, Director Corporate Services
    A Dow, Acting Director Environment & Sustainable Development
    D Iezzi, Director Executive Services
    L Sengstock, Director Infrastructure Services

    APOLOGIES
    Nil.

    The meeting commenced at 5.00pm.




2   CONFIRMATION OF MINUTES

    Council Resolution
    Moved:          Cr Finzel
    Seconded:       Cr Wilkie
    The Minutes of the Ordinary Meeting held on 20 May 2021 be received and confirmed.
                                                                      Carried unanimously.

    Council Resolution
    Moved:          Cr Stockwell
    Seconded:       Cr Lorentson
    The Minutes of the Special Meeting held on 28 May 2021 be received and confirmed.
                                                                       Carried unanimously.




3   MAYORAL MINUTES

    Nil.




                                                                              Page 2 of 24

Section 3

ORDINARY MEETING MINUTES   17 JUNE 2021


4   PETITIONS

    Nil.




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                            Page 3 of 24

Section 4

ORDINARY MEETING MINUTES                                                                          17 JUNE 2021


8   CONSIDERATION OF COMMITTEE REPORTS

1   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 JUNE 2021

9   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – APRIL 2021
    Cr Wilkie assumed the Chair for the purpose of Council considering the conflict of interest declarations
    of Crs Stewart, Finzel and Stockwell.
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
    the application by Altum Properties No 9 Pty Ltd which is item 12 in this report. I have a friendship with
    Leigh and Rob McCready, who are associated with the applicant. As a result of my conflict of interest I
    will now leave the meeting room while the matter is considered and voted on.
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
    application by Altum Properties No 9 Pty Ltd which is item 12 in this report. I have a relationship with
    Leigh McCready who is associated with the applicant as Mrs McCready was involved with my 2020
    election campaign. As a result of my conflict of interest I will now leave the meeting room while the
    matter is considered and voted on.
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation to
    the application by Altum Properties No 9 Pty Ltd which is item 12 in this report. On 24 February 2020 I
    sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the
    Future Noosa Team, of which Leigh McCready was publicly identified as a Campaign Manager. Leigh
    McCready is associated with the applicant. Although I have a declarable conflict of interest, I do not
    believe a reasonable person could have a perception of bias because Council's consideration of this
    application is not to approve or reject it, it is only for noting of a decision that has already been made by
    staff. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
    meeting on whether I can remain and participate in the decision.
    Council Resolution
    Moved:               Cr Lorentson
    Seconded:            Cr Wegener
    That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
    interest that Cr Stockwell participates and votes on this matter because Council believes that as
    Council's consideration of this application is not to approve or reject it, only to note a decision that has
    already been made by staff, a reasonable person would trust that the final decision is made in the public
    interest.
                                                                                         Carried unanimously.
    (Cr Stockwell did not vote on the above motion)

    Council Resolution
    Moved:               Cr Wilkie
    Seconded:            Cr Jurisevic
    That Council note the report by the Development Assessment Manger to the Planning &
    Environment Committee Meeting dated 8 June 2021 regarding planning applications that have
    been decided by delegated authority.
                                                                     Carried unanimously.
    Crs. Finzel and Stewart re-joined the meeting.
    Cr Stewart resumed the Chair.

                                                                                                    Page 4 of 24

Section 5

ORDINARY MEETING MINUTES                                                       17 JUNE 2021


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

Council Resolution
Moved:          Cr Stockwell
Seconded:       Cr Wilkie
That the report of the Planning & Environment Committee dated 8 June 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
                                                                        Carried unanimously.



1    MCU20/0155 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
     ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN
     That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
     due to the significance of the issue.


2    RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS)
     AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA CRESCENT, COOROIBAH
     That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
     for further consideration.


3    MCU20/0037 PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021 -
     REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AT 11
     MARGIT CRES, SUNRISE BEACH
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
     Appeal No. BD1074 of 2021 and agree to defend the appeal.


4    MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
     REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64 GATEWAY
     DRIVE, NOOSAVILLE
     That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
     due to the significance of the issue.


5    MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF 2020 –
     REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
     That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
     due to the significance of the issue.


6    NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN
     That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
     due to the significance of the issue.



                                                                                Page 5 of 24

Section 6

ORDINARY MEETING MINUTES                                                      17 JUNE 2021


7   NOOSA BUSHLAND RESERVE STRATEGIC FIRE MANAGEMENT PLAN 2021
    That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
    due to the significance of the issue.


8   NOOSA BIOSPHERE RESERVE FOUNDATION - NEW PARTNERSHIP AGREEMENT
    2021-2025
    That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
    due to the significance of the issue.




                                                                               Page 6 of 24

Section 7

ORDINARY MEETING MINUTES                                                             17 JUNE 2021


2    SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 JUNE 2021



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

Council Resolution
Moved:           Cr Jurisevic
Seconded:        Cr Finzel
That the report of the Services & Organisation Committee dated 8 June 2021 be received and the
recommendations therein be adopted.
                                                                        Carried unanimously.



1    REGIONAL ARTS DEVELOPMENT FUND (RADF) – GRANT RECOMMENDATIONS 2020-
     21
     That Council note the report by the Community Development Manager to the General
     Committee Meeting dated 8 June 2021 and approve the Regional Arts Development Fund
     recommendations for 2020/21 as outlined in Attachment 1 to the report.

2    AMENDMENTS TO COMMERCIAL USE OF COMMUNITY LAND POLICY
     That Services & Organisation Committee Agenda Item 2 be referred to the General Committee
     due to the significance of the issue.

3    APPLICATION OF NATIONAL COMPETITION POLICY REFORM FOR 2021-22 BUDGET
     That Council note the report by the Manager Financial Services to the Services and
     Organisation Committee Meeting dated 8 June 2021 and:
     A.     Continue to apply the Full Cost Pricing reform option to the Waste Management business
            activity for the 2021/22 financial year in accordance with section 44(1)(b) of the Local
            Government Act 2009; and
     B.     Continue to apply the Code of Competitive Conduct to the Holiday Parks business
            activity for the 2021/22 financial year in accordance with section 47 of the Local
            Government Act 2009.

4    2021-22 FEES AND CHARGES
     That Council note the report by the Manager Financial Services to the Services & Organisation
     Committee Meeting dated 8 June 2021 and pursuant to sections 97, 98 and 262(3)(c) of the
     Local Government Act 2009, fix, for the 2021-22 financial year the cost-recovery fees and
     commercial charges provided as Attachment 1 to the report.


5    GO NOOSA – 2020-21 PEAK PERIOD TRAFFIC MANAGEMENT EVALUATION
     That Council note the report by the Project Officer to the Services and Organisation Committee
     Meeting dated 8 June 2021 regarding the evaluation of Go Noosa – Christmas 2020-21 and
     Easter 2021 and note that a further report will be brought to Council on recommendations for
     managing peak period traffic for Christmas 2021-22 and Easter 2022.



                                                                                      Page 7 of 24

Section 8

ORDINARY MEETING MINUTES                                                             17 JUNE 2021


3   GENERAL COMMITTEE MEETING REPORT – 14 JUNE 2021


1   MCU20/0155 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
    ACCOMMODATION AT 75 WILLIAMS ROAD, KIN KIN
    Motion
    Moved:            Cr Lorentson
    Seconded:         Cr Stewart
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 for a
    Development Permit for Material Change of Use - Short-term accommodation situated at 75
    Williams Rd, Kin Kin and:
    A.   Approve the application in accordance with the following conditions:
         PLANNING
                When Conditions must be Complied With
         1.     The approved use must not commence until a building approval has been obtained
                for all works carried out to the dwelling and for any additional outbuildings.
         2.     Unless otherwise stated, all conditions of this Decision Notice must be complied
                with prior to the use commencing, and then compliance maintained at all times
                while the use continues.
                Approved Plans
         3.     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

                 -          -        75 Willams Road Kin Kin       Submitted to Council 15.12.2020

                Currency
         4.     This development approval lapses if the use has not happened by 17 June 2027,
                unless an application to extend the currency period is approved by Council.
                Nature and Extent of Approved Use
         5.     The total number of bedrooms on the site must not exceed 4.
         6.     No more than 8 guests may occupy the premises at any time.
         7.     All outdoor areas, including balconies, decks, pool and the like, must
                7.1   not be used after 10pm each night.
                Condition 7.1 shall apply for 12 months after the commencement of the use, unless
                further extended by Council in writing. After that time if not extended by Council in
                writing, condition 7.2 shall apply.
                7.2   not be used after 9pm each night.
         8.     The premises must not be used as a party house, with no events, functions or
                parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
                example) permitted on site.




                                                                                       Page 8 of 24

Section 9

ORDINARY MEETING MINUTES                                                             17 JUNE 2021


              Amenity
        9.    The operation of the approved use must not detrimentally affect the residential
              amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
              by surrounding residents or cause a nuisance, including a noise nuisance.
              Car Parking
        10.   Existing car parking on site, must be maintained and kept available for users
              of the short term accommodation.
        11.   All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
              Waste Management
        12.   Waste storage and disposal facilities must be provided in accordance with
              Planning Scheme Policy 9, Waste Management, including an external imperviously
              paved area correctly sized for all refuse and recycling containers and suitably
              screened from public places and neighbouring properties.
        13.   Waste containers must:
              a.    At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
                    hygienic condition.
              b.    Be placed on the kerb side frontage of the premises, for the collection of
                    general waste from the container; and
              c.    Not be placed on the kerb side frontage for longer than 24 hours before or
                    after the scheduled collection day for the collection of waste in the container.
              Contact Person
        14.   Prior to the commencement of the use written confirmation must be provided to
              Council confirming:
              a.    the name and telephone number of the contact person (which may include
                    the name and contact details of an individual, letting agency, property
                    manager, security firm or the like) for the purposes of the operation of the
                    short stay letting at the premises; and
              b.    that the contact person is available 24 hours a day, 7 days a week; and
              c.    that the contact person resides within 20 minutes travel time (by vehicle) of
                    the premises; and
              d.    that the contact person is to be responsible for the supervision and
                    management of the premises, including addressing complaints about the use
                    of the premises for short stay letting and visitor queries.
        15.   A sign must prominently and permanently display in letters and numbers not less
              than 50mm in height, a current up to date written notice detailing the contact
              person’s phone number, and a statement that the contact person is responsible for
              the supervision and maintenance of the premises. The sign must not exceed
              0.2m2, be displayed at the front of the premises and be visible to members of the
              public at all times.
              Code of Conduct
        16.   A code of conduct must be developed and provided to all users and occupants of
              the short term accommodation, including any website or social media used to
              promote the use of the premises for short term accommodation.




                                                                                      Page 9 of 24

Section 10

ORDINARY MEETING MINUTES                                                            17 JUNE 2021


        17.   The code of conduct must advise all users of the premises:
              a.   That the use of the premises must not:
                   i.     detrimentally affect the residential amenity (including but not limited to
                          noise, overlooking, light spill or odour) enjoyed by residents in the
                          vicinity of the premises; or
                   ii.    cause a nuisance (including a noise nuisance);
                   iii.   display unacceptable behavior including:
                          a.    loud aggressive behaviour;
                          b.    yelling, screaming, arguing; or
                          c.    excessively loud cheering, clapping and singing.
                   iv.    create a level of noise above the acceptable levels described by
                          Queensland Government legislation for environmental protection
                          (noise).
              b.   That a user of the premises must not sleep or camp on the premises in a
                   tent, caravan, campervan or similar facility.
              c.   That each vehicle used by a user of the premises must:
                   i.     be stored in a manner that does not cause a nuisance or inconvenience
                          to adjoining premises; and
                   ii.    be parked within the parking facilities at the premises where provided.
              d.   That each user of the premises must store general waste (including the
                   separation of recyclable waste) produced as a result of the ordinary use or
                   occupation of the premises in a waste container.
              e.   That each user of the premises must ensure that the premises, including the
                   grounds of the premises, are kept in a safe and tidy condition.
              f.   That pets occupying the premises must be managed and not cause a
                   nuisance (including a noise nuisance).
              g.   The nature and extent of the approved use as detailed in conditions numbers
                   5 to 8 of this development approval.
        18.   The Code of Conduct must be displayed in a prominent location at the premises
              so that it can be viewed by guests.
              Complaints Management
        19.   The contact person must maintain a record of all complaints received, identifying
              how each complaint has been resolved or addressed within a reasonable time.
        20.   The contact person must respond to all complaints within 30 minutes of notification
              of a complaint.
        21.   The contact person, must keep and maintain a register of the use of the premises
              for short stay letting or home hosted accommodation, and record in the register,
              each of the following:
              a.   on each occasion on which the premises are used, or occupied, for short stay
                   letting or home hosted accommodation on a commercial basis:
                   i.     the number of adults who are users of the premises; and
                   ii.    the number of minors, an individual who is under 18, who are users of
                          the premises.
              b.   the dates when each person’s use, or occupation, of the premises for short
                   stay letting or home hosted accommodation began and ended.


                                                                                    Page 10 of 24

Section 11

ORDINARY MEETING MINUTES                                                              17 JUNE 2021


          22.   The contact person, must make available, for inspection by Council, within 5
                business days of receipt of a written request given at any time, each of:
                i.    the written record of complaints referred to in condition 18; and
                ii.   the register referred to in condition 20
    B.    Advise the applicant that an application for building works for the unapproved building
          works to the dwelling must be lodged within 60 days of the date of this approval.
    C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    D.    Include the following advisory note on the Decision Notice:
          1.    The site contains the headwaters of the Kin Kin Creek located on steep slopes
                which ultimately drains through Noosa River into Laguna Bay. Loss of vegetation
                on steep slopes accelerates erosion processes and leads to the degradation of
                water quality downstream, as well as the loss of soil from the land. It is
                recommended the on-going management of weeds and replanting with native
                species is implemented on the land, particularly around gullies and streams. For
                more information please see https://hlw.org.au/project/keeping-it-in-kin-kin/.


    Amendment No. 1
    Moved:             Cr Stockwell
    Seconded:          Cr Wilkie
    That an additional condition 23 be added to read:
    23.   That an area of 10m either side of the mapped waterway must be rehabilitated by
          controlling environmental weeds and re-establishing native plant species local to the
          area by an active management program to the reasonable satisfaction of Council. A
          rehabilitation management plan must be endorsed by Council through an operational
          works application.

    For:        -
    Against:    Crs. Jurisevic, Finzel, Stockwell, Wilkie, Wegener, Lorentson and Stewart.
                                                                                              Lost.

    Amendment No. 2
    Moved:             Cr Stockwell
    Seconded:          Cr Wilkie
    That an additional condition 23 be added to read:
    23.   That the Biodiversity and Ecosystem Values 10m either side of the mapped waterway
          be enhanced over the next 5 (five) years by removing pest species and replacing them
          with local native species.

    For:        Crs. Jurisevic, Stockwell, Wilkie, Lorentson and Stewart
    Against:    Crs. Finzel and Wegener
                                                                                           Carried.




                                                                                      Page 11 of 24

Section 12

ORDINARY MEETING MINUTES                                                           17 JUNE 2021


    Amendment No. 3
    Moved:            Cr Stockwell
    Seconded:         Cr Wilkie
    That condition 23 be amended to read:
    23.   That the Biodiversity and Ecosystem Values 10m either side of the mapped waterway
          be enhanced over the next 5 (five) years by progressively removing all pest species and
          replacing them with local native species providing an annual progress report to Council.
    For:        Cr Stockwell
    Against:    Crs. Jurisevic, Finzel, Wilkie, Wegener, Lorentson and Stewart
                                                                                             Lost.

    Amendment No. 4
    Moved:            Cr Jurisevic
    Seconded:         Cr Finzel
    That condition 23 be amended to read:
    23.   That the Biodiversity and Ecosystem Values 10m either side of the mapped waterway
          be enhanced over the next 5 (five) years by progressively removing or controlling listed
          pest species and replacing them with local native species providing an annual progress
          report to the reasonable satisfaction of Council.
                                                                          Carried unanimously.

    Council Resolution
    Moved:           Cr Lorentson
    Seconded:        Cr Stewart
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 for a
    Development Permit for Material Change of Use - Short-term accommodation situated at 75
    Williams Rd, Kin Kin and:
    A.    Approve the application in accordance with the following conditions:
          PLANNING
                When Conditions must be Complied With
          1.    The approved use must not commence until a building approval has been obtained
                for all works carried out to the dwelling and for any additional outbuildings.
          2.    Unless otherwise stated, all conditions of this Decision Notice must be complied
                with prior to the use commencing, and then compliance maintained at all times
                while the use continues.
                Approved Plans
          3.    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

                 -          -        75 Willams Road Kin Kin     Submitted to Council 15.12.2020




                                                                                   Page 12 of 24

Section 13

ORDINARY MEETING MINUTES                                                             17 JUNE 2021


              Currency
        4.    This development approval lapses if the use has not happened by 17 June 2027,
              unless an application to extend the currency period is approved by Council.
              Nature and Extent of Approved Use
        5.    The total number of bedrooms on the site must not exceed 4.
        6.    No more than 8 guests may occupy the premises at any time.
        7.    All outdoor areas, including balconies, decks, pool and the like, must
              7.1   not be used after 10pm each night.
              Condition 7.1 shall apply for 12 months after the commencement of the use, unless
              further extended by Council in writing. After that time if not extended by Council in
              writing, condition 7.2 shall apply.
              7.2   not be used after 9pm each night.
        8.    The premises must not be used as a party house, with no events, functions or
              parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
              example) permitted on site.
              Amenity
        9.    The operation of the approved use must not detrimentally affect the residential
              amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
              by surrounding residents or cause a nuisance, including a noise nuisance.
              Car Parking
        10.   Existing car parking on site, must be maintained and kept available for users
              of the short term accommodation.
        11.   All car parking areas and access driveways must be maintained exclusively for
              vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
              Waste Management
        12.   Waste storage and disposal facilities must be provided in accordance with
              Planning Scheme Policy 9, Waste Management, including an external imperviously
              paved area correctly sized for all refuse and recycling containers and suitably
              screened from public places and neighbouring properties.
        13.   Waste containers must:
              a.    At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
                    hygienic condition.
              b.    Be placed on the kerb side frontage of the premises, for the collection of
                    general waste from the container; and
              c.    Not be placed on the kerb side frontage for longer than 24 hours before or
                    after the scheduled collection day for the collection of waste in the container.
              Contact Person
        14.   Prior to the commencement of the use written confirmation must be provided to
              Council confirming:
              a.    the name and telephone number of the contact person (which may include
                    the name and contact details of an individual, letting agency, property
                    manager, security firm or the like) for the purposes of the operation of the
                    short stay letting at the premises; and
              b.    that the contact person is available 24 hours a day, 7 days a week; and

                                                                                     Page 13 of 24

Section 14

ORDINARY MEETING MINUTES                                                            17 JUNE 2021


              c.   that the contact person resides within 20 minutes travel time (by vehicle) of
                   the premises; and
              d.   that the contact person is to be responsible for the supervision and
                   management of the premises, including addressing complaints about the use
                   of the premises for short stay letting and visitor queries.
        15.   A sign must prominently and permanently display in letters and numbers not less
              than 50mm in height, a current up to date written notice detailing the contact
              person’s phone number, and a statement that the contact person is responsible for
              the supervision and maintenance of the premises. The sign must not exceed
              0.2m2, be displayed at the front of the premises and be visible to members of the
              public at all times.
              Code of Conduct
        16.   A code of conduct must be developed and provided to all users and occupants of
              the short term accommodation, including any website or social media used to
              promote the use of the premises for short term accommodation.
        17.   The code of conduct must advise all users of the premises:
              a.   That the use of the premises must not:
                   i.     detrimentally affect the residential amenity (including but not limited to
                          noise, overlooking, light spill or odour) enjoyed by residents in the
                          vicinity of the premises; or
                   ii.    cause a nuisance (including a noise nuisance);
                   iii.   display unacceptable behavior including:
                          a.    loud aggressive behaviour;
                          b.    yelling, screaming, arguing; or
                          c.    excessively loud cheering, clapping and singing.
                   iv.    create a level of noise above the acceptable levels described by
                          Queensland Government legislation for environmental protection
                          (noise).
              b.   That a user of the premises must not sleep or camp on the premises in a
                   tent, caravan, campervan or similar facility.
              c.   That each vehicle used by a user of the premises must:
                   i.     be stored in a manner that does not cause a nuisance or inconvenience
                          to adjoining premises; and
                   ii.    be parked within the parking facilities at the premises where provided.
              d.   That each user of the premises must store general waste (including the
                   separation of recyclable waste) produced as a result of the ordinary use or
                   occupation of the premises in a waste container.
              e.   That each user of the premises must ensure that the premises, including the
                   grounds of the premises, are kept in a safe and tidy condition.
              f.   That pets occupying the premises must be managed and not cause a
                   nuisance (including a noise nuisance).
              g.   The nature and extent of the approved use as detailed in conditions numbers
                   5 to 8 of this development approval.
        18.   The Code of Conduct must be displayed in a prominent location at the premises
              so that it can be viewed by guests.

                                                                                    Page 14 of 24

Section 15

ORDINARY MEETING MINUTES                                                              17 JUNE 2021


                Complaints Management
         19.    The contact person must maintain a record of all complaints received, identifying
                how each complaint has been resolved or addressed within a reasonable time.
         20.    The contact person must respond to all complaints within 30 minutes of notification
                of a complaint.
         21.    The contact person, must keep and maintain a register of the use of the premises
                for short stay letting or home hosted accommodation, and record in the register,
                each of the following:
                a.     on each occasion on which the premises are used, or occupied, for short stay
                       letting or home hosted accommodation on a commercial basis:
                       i.    the number of adults who are users of the premises; and
                       ii.   the number of minors, an individual who is under 18, who are users of
                             the premises.
                b.     the dates when each person’s use, or occupation, of the premises for short
                       stay letting or home hosted accommodation began and ended.
         22.    The contact person, must make available, for inspection by Council, within 5
                business days of receipt of a written request given at any time, each of:
                i.    the written record of complaints referred to in condition 18; and
                ii.   the register referred to in condition 20
         23.    That the Biodiversity and Ecosystem Values 10m either side of the mapped
                waterway be enhanced over the next 5 (five) years by progressively removing or
                controlling listed pest species and replacing them with local native species
                providing an annual progress report to the reasonable satisfaction of Council.
    B.   Advise the applicant that an application for building works for the unapproved building
         works to the dwelling must be lodged within 60 days of the date of this approval.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    D.   Include the following advisory note on the Decision Notice:
         1.     The site contains the headwaters of the Kin Kin Creek located on steep slopes
                which ultimately drains through Noosa River into Laguna Bay. Loss of vegetation
                on steep slopes accelerates erosion processes and leads to the degradation of
                water quality downstream, as well as the loss of soil from the land. It is
                recommended the on-going management of weeds and replanting with native
                species is implemented on the land, particularly around gullies and streams. For
                more information please see https://hlw.org.au/project/keeping-it-in-kin-kin/.
                                                                             Carried unanimously.


3   MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
    REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64 GATEWAY
    DRIVE, NOOSAVILLE
    Council Resolution
    Moved:             Cr Lorentson
    Seconded:          Cr Stockwell
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
    Appeal No. D176 of 2019 and:


                                                                                      Page 15 of 24

Section 16

ORDINARY MEETING MINUTES                                                          17 JUNE 2021


    A.   Agree to settle the appeal generally in accordance with the following conditions:
              When Conditions must be Complied With
         1.   Unless otherwise stated, all conditions of this Decision Notice must be complied
              with prior to the use commencing, and then compliance maintained at all times
              while the use continues.
              Approved Plans
         2.   Development 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
                19020 A.102      C        Master Plan – Staging Plan              09-07-2019
                19020 A.103      B        Caretakers Residences                   09-07-2019
                19020 A.200      F        Master Floor Plan                       09-07-2019
                19020 A.201      E        Pod A – Floor Plan                      09-07-2019
                19020 A.202      E        Pod B – Floor Plan                      09-07-2019
                19020 A.203      E        Pod C – Floor Plan                      09-07-2019
                19020 A.204      E        Pod D & E – Floor Plan                  09-07-2019
                19020 A.205      E        Pod F – Floor Plan                      09-07-2019
                19020 A.206      E        Pod G – Floor Plan                      09-07-2019
                19020 A.207      E        Pod H – Floor Plan                      09-07-2019
                19020 A.300      D        Elevations                              09-07-2019
                19020 A.301      C        Elevations                              09-07-2019

         3.   The layout of the proposed development must be amended to ensure the fire
              separation requirements of the Building Code of Australia for the internal stairs to
              the upper level storage are met. Amended plans must be provided to Council
              demonstrating compliance with this condition prior to issue of a Development
              Permit for Building Works by a building certifier.
              Nature and Extent of Approved Use
         4.   Each ancillary dwelling unit must not be let independently of the industrial use
              conducted on the lower level and may only be occupied by the caretaker, owner or
              employee of the industrial use conducted on the low level. The ancillary dwelling
              units are not permitted to be used for bed and breakfast accommodation and/or
              short-term accommodation.
         5.   Each ancillary dwelling unit must not be separately titled to the industrial use on
              the lower level and must remain associated and ancillary to the industrial use on
              the lower level.
         6.   Each ancillary dwelling unit must not exceed a gross floor area of 65m2.
         7.   All ancillary dwelling unit windows must be double glazed.
         8.   Partition walls for each ancillary dwelling unit must be increased from 150mm to
              180mm in width. All partition walls must comply with AS/NZS 1664.1 SUPP 1:1997
              together with AS/NZS 1664.1:1997 AMDT 1.
              Currency Period
         9.   The development approval lapses if the works have not been completed and all
              conditions of approval been complied with by 17 June 2027, unless an application
              to extend the currency period is approved by Council.



                                                                                   Page 16 of 24

Section 17

ORDINARY MEETING MINUTES                                                              17 JUNE 2021


                Compliance with 132007.738.04
         10.    All conditions of development approval 132007.738.04 for a Development Permit
                for Material Change of Use for Industrial Business Type 1 – Warehouse and
                Industrial Business Type 2 – Production, Alteration, Repackaging & Repairing)
                must be completed.
    B.   Include the following advisory note on the Decision Notice:
         1.     The proposed ancillary dwelling units are located in an area that is zoned Low
                Impact Industry under the Noosa Plan 2020 and a range of industrial uses are
                planned to establish that may generate noise, odour, dust, waste nuisance or the
                like. These industrial businesses will not be required to include additional
                measures to address the potential impacts from these industrial uses on the
                dwelling units given they should reasonably be expected.
                                                                             Carried unanimously.



4   MCU20/0008 - PLANNING & ENVIRONMENT COURT APPEAL NO. D102 OF 2020 –
    REFUSAL OF ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
    Council Resolution
    Moved:            Cr Stewart
    Seconded:         Cr Wilkie
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
    Appeal No. D102 of 2020 and:
    A.   Agree to settle the appeal generally in accordance with the following conditions:
         When Conditions must be Complied With
         1.     Unless otherwise stated, all conditions of this Decision Notice must be complied
                with prior to the use commencing, and then compliance maintained at all times
                while the use continues.
                Approved Plans
         2.     Development 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
                 Project No. 2020-01   C        Site Plan prepared by Building Suncoast   13.01.20
                 Sheet No. 01 of 02             Green
                 Project No. 2020-01   C        Floor Plans                               13.01.20
                 Sheet No. 02 of 02

                Nature and Extent of Approved Use
         3.     The ancillary dwelling unit must not be let independently of the industrial use
                conducted on the lower level and may only be occupied by the caretaker, owner or
                employee of the industrial use conducted on the low level. The ancillary dwelling
                unit is not permitted to be used for bed and breakfast accommodation and/or short-
                term accommodation.
         4.     The ancillary dwelling unit must not be separately titled to the industrial use on the
                lower level and must remain associated and ancillary to the industrial use on the
                lower level.

                                                                                      Page 17 of 24

Section 18

ORDINARY MEETING MINUTES                                                             17 JUNE 2021


            5.   All windows of the ancillary dwelling unit must be double glazed and noise
                 attenuating insulation installed between tenancies.
                 Currency Period
            6.   The development approval lapses if the works have not been completed and all
                 conditions of approval been complied with by 17 June 2027, unless an application
                 to extend the currency period is approved by Council.
     B.     Include the following advisory note on the Decision Notice:
            1.   The proposed ancillary dwelling unit is located in an area that is zoned Low Impact
                 Industry under the Noosa Plan 2020 and a range of industrial uses are planned to
                 establish that may generate noise, odour, dust, waste nuisance or the like. These
                 industrial businesses will not be required to include additional measures to address
                 the potential impacts from these industrial uses on the dwelling unit given they
                 should reasonably be expected.
                                                                             Carried unanimously.


7    NOOSA BIOSPHERE RESERVE FOUNDATION - NEW PARTNERSHIP AGREEMENT
     2021-2025
     Council Resolution
     Moved:            Cr Stewart
     Seconded:         Cr Wilkie
     That Council note the report by the Environmental Services Manager to the Planning &
     Environment Committee Meeting dated 8 June 2021 and:
     A.     Agree to enter into a 4-year Partnership Agreement with the Noosa Biosphere Reserve
            Foundation from 1 July 2021 as set out in Attachment 1 to the report;
     B.     Authorise the Chief Executive Officer to make any minor alterations to the Partnership
            Agreement, as may be necessary, and enter into the Partnership Agreement with the
            Foundation;
     C.     Request the Noosa Biosphere Reserve Foundation to seek more female representation
            on its Board taking into account the relevant and necessary experience that is required
            by that Board; and
     D.     Accept Noosa Biosphere Reserve Foundation’s offer to place their internal governance
            policies on their website.
                                                                             Carried unanimously.


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

Council Resolution
Moved:           Cr Wilkie
Seconded:        Cr Finzel
That the report of the General Committee dated 14 June 2021 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
                                                                          Carried unanimously.




                                                                                      Page 18 of 24

Section 19

ORDINARY MEETING MINUTES                                                            17 JUNE 2021


2    RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 2 LOTS)
     AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA CRESCENT, COOROIBAH
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a
     Development Permit for Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent,
     Cooroibah and request staff to prepare a further report for the Ordinary meeting dated 17 June
     2021 including conditions for approval of the application.


5    NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN
     That Council note the report by the Technical Officer – Natural Areas to the Planning &
     Environment Committee Meeting dated 8 June 2021 and defer consideration of the matter to
     the Ordinary meeting on 17 June 2021 to allow staff to present a further report addressing the
     mechanisms by which coastal foreshore bushland reserves will be prioritised for management
     action.


6    NOOSA BUSHLAND RESERVE STRATEGIC FIRE MANAGEMENT PLAN 2021
     That Council note the report by the Principal Environment Officer to the Planning &
     Environment Committee Meeting dated 8 June 2021 and
     A.    Note the submissions received as summarised in Attachment 2 and thank the submitters
           for their input into the Noosa Bushland Reserve Strategic Fire Management Plan 2021;
           and
     B.    Adopt the Noosa Bushland Reserve Strategic Fire Management Plan 2021 as shown in
           Attachment 1.


8    AMENDMENTS TO COMMERCIAL USE OF COMMUNITY LAND POLICY
     That Council note the report by the Property Advisor to the Services & Organisation Committee
     Meeting dated 8 June 2021 and agree to adopt the amended Commercial Use of Community
     Land Policy included as Attachment 2 to the report.


9    FINANCIAL PERFORMANCE REPORT – MAY 2021
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 14 June 2021 outlining May 2021 year to date financial performance against
     budget, including performance against key financial sustainability indicators.



The meeting adjourned at 6.50pm.

The meeting resumed at 6.56pm.




                                                                                    Page 19 of 24

Section 20

ORDINARY MEETING MINUTES                                                                17 JUNE 2021


9   ORDINARY MEETING REPORTS


1   FURTHER REPORT - RAL20/0019 – APPLICATION FOR RECONFIGURATION OF A LOT
    (1 LOT INTO 2 LOTS) AND CREATION OF AN ACCESS EASEMENT AT 23 JIRIMMA
    CRESCENT, COOROIBAH
    The following material was presented to the meeting in relation to this item:
         Cr Stockwell – Plan – refer to Attachment 1

    Council Resolution
    Moved:            Cr Wilkie
    Seconded:         Cr Finzel
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a
    Development Permit for Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent,
    Cooroibah and:
    A.   Refuse the application for the following reasons:
         1.     The proposal is not consistent with the 8.2.2.2 (1), (2)(a), (b), (c), (d), (e), (f), (g)
                and (i), Acceptable Outcomes AO6.1, AO6.2 and PO6 of the Biodiversity,
                Waterways and Wetlands Overlay as:
                a.    The proposal results in development within the Riparian Buffer Area, with the
                      proposed lot boundaries traversing the buffer area.
                b.    The proposal seeks to enhance, rehabilitate and protect only part of the
                      identified Riparian Buffer Area.
                c.    The proposed development increases the scale and intensity of development
                      within and adjacent to an ecologically important area which has the potential
                      to adversely impact on the site’s ecological values.
                d.    The proposal has the potential to result in additional clearing of vegetation in
                      the Riparian Buffer Area due to the vegetation clearing exemptions permitted
                      by the Planning Regulation 2017 and the planning scheme for lot boundaries
                      and fencing.
         2.     The proposal is not consistent with 9.5.1.2 (1) (d) and (e) and Overall Outcomes
                2(b),(c), Acceptable Outcome AO7.5, AO7.7 and AO7.9 and Performance
                Outcome PO7 of the Reconfiguring a Lot Code as:
                a.    The development does not provide for a lot layout that is responsive to the
                      natural environmental values present on the site.
                b.    The proposed lot boundaries traverse ecologically important areas and
                      ecological linkages.
                c.    The proposed environmental covenant area is only proposed over part of the
                      Riparian Buffer area and will not provide suitable protection to this
                      ecologically important area.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

    For:        Crs. Finzel, Wilkie, Wegener and Lorentson
    Against:    Crs. Jurisevic, Stockwell and Stewart
                                                                                               Carried.


                                                                                         Page 20 of 24

Section 21

ORDINARY MEETING MINUTES                                                               17 JUNE 2021


2   FURTHER REPORT – NOOSA BUSHLAND RESERVE STRATEGIC MANAGEMENT PLAN
    Council Resolution
    Moved:           Cr Jurisevic
    Seconded:        Cr Wilkie
    That Council note the report by the Technical Officer – Natural Areas to the Planning and
    Environment Committee Meeting dated 8 June 2021 and the Further Report to the Ordinary
    Meeting dated 17 June 2021 and adopt the revised Noosa Bushland Reserve Strategic
    Management Plan 2021 – 2026 provided as Attachment 1 to the Ordinary Meeting report.
                                                                       Carried unanimously.

3   T000039 MOBILE LIBRARY CONTRACT AWARD
    Motion
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Acting Manager Libraries & Galleries to the Ordinary
    Meeting dated 17 June 2021 regarding the mobile library contract award and:
    A.   Award tender T000039 – for the construction and supply of the diesel option for the new
         Mobile Library to G.H Varley Pty Ltd;
    B.   Install a Solar array on a Council owned facility to offset the equivalent emissions of the
         vehicle operations and that this be funded from savings in diesel over the life of the
         vehicle; and
    C.   Include in the operational budget for the mobile library an internal offset payment
         equivalent to paying for the capital cost of the solar system over a 25 year period.

    Amendment No. 1
    Moved:           Cr Wilkie
    Seconded:        Cr Lorentson
    That item B of the motion be amended to read:
    B.   Provide a further report to Council on the feasibility of installing a Solar array on a Council
         owned facility to offset the equivalent emissions of the vehicle operations to be funded
         from savings in diesel over the life of the vehicle; and
                                                                                Carried unanimously.
    Amendment No. 2
    Moved:           Cr Wilkie
    Seconded:        Cr Stewart
    That item C of the motion be deleted and incorporated into item B to read:
    B.   Provide a further report to Council on the feasibility of installing a Solar array on a Council
         owned facility to offset the equivalent emissions of the vehicle operations to be funded
         from savings in diesel over the life of the vehicle, and the feasibility of including in the
         operational budget for the mobile library an internal offset payment equivalent to paying
         for the capital cost of the solar system over a 25 year period.
    For:        Crs. Jurisevic, Finzel, Wilkie, Wegener, Lorentson and Stewart.
    Against:    Cr Stockwell
                                                                                              Carried.

                                                                                        Page 21 of 24

Section 22

ORDINARY MEETING MINUTES                                                               17 JUNE 2021


    Council Resolution
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That Council note the report by the Acting Manager Libraries & Galleries to the Ordinary
    Meeting dated 17 June 2021 regarding the mobile library contract award and:
    A.   Award tender T000039 – for the construction and supply of the diesel option for the new
         Mobile Library to G.H Varley Pty Ltd; and
    B.   Provide a further report to Council on the feasibility of installing a Solar array on a Council
         owned facility to offset the equivalent emissions of the vehicle operations to be funded
         from savings in diesel over the life of the vehicle, and the feasibility of including in the
         operational budget for the mobile library an internal offset payment equivalent to paying
         for the capital cost of the solar system over a 25 year period.
                                                                              Carried unanimously.




                                                                                        Page 22 of 24

Section 23

ORDINARY MEETING MINUTES                                                       17 JUNE 2021


10   CLOSED SESSION

     Nil.




11   PUBLIC QUESTION TIME

     Nil.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 15 July 2021 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE

     The meeting closed at 8.27pm.




                                                                                Page 23 of 24

Section 24

ORDINARY MEETING MINUTES    17 JUNE 2021


                           ATTACHMENT 1




                             Page 24 of 24

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