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2019-04-18 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 18 April 2019
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 18 APRIL 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 10
GENERAL COMMITTEE RECOMMENDATIONS 12
7 ORDINARY MEETING REPORTS 17
1 PROPOSED FLIGHT PATH CHANGES FOR SUNSHINE COAST AIRPORT 17
8 CLOSED SESSION 33
9 NEXT MEETING 33
10 MEETING CLOSURE 33
Page 2 of 33
Section 3
ORDINARY MEETING AGENDA 18 APRIL 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 March 2019 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 33
Section 4
ORDINARY MEETING AGENDA 18 APRIL 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
9 APRIL 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and Frank Wilkie
(Acting Mayor)
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Frank Pardon (for items 1 & 2)
1 MCU19/0016 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
SEAVIEW TERRACE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Wilkie
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
Carried.
2 MCU19/0007 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
(ENTERTAINMENT AND DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT AND
FITNESS (FITNESS CENTRE), SITUATED AT 26 PROJECT AVENUE, NOOSAVILLE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0007 for a
Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation
amusement fitness (Fitness Centre) situated at 26 Project Avenue, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Plan No. Plan Name Date
D-11801-01A Proposal Plan (site plan), drawn by Lynda McDougall 10/12/2018
D-11801-02A Ground Floor Plan, drawn by Lynda McDougall 10/12/2018
D-11801-03A East and West Elevations and mezzanine plan, drawn 10/12/2018
by Lynda McDougall
D-11801-03A South and North Elevations, drawn by Lynda 10/12/2018
McDougall
Page 4 of 33
Section 5
ORDINARY MEETING AGENDA 18 APRIL 2019
Nature and Extent of Approved Use
3. Approval is for a Fitness Centre totalling a maximum floor area of 377m2 including
the amenity building.
Operating Hours and Class Times
4. The hours of operation and staff and patron numbers for the development must
comply with the following requirements:
a. The hours of operation for the approved use is limited to the hours between
5.00am and 9.00pm daily;
b. The number of people (patrons and staff) must not exceed 15 people at any
one time.
c. Group classes must have a minimum 15 minute break between the
conclusion of a class and the beginning of the next.
Noise
5. Noise nuisance beyond the boundary of the site shall not exceed the levels
specified in Table 1.
Table 1
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
5am – 6pm Background noise level plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
Amenity
6. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the area by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Advertising Signage
7. Any advertising sign or device must comply with Council's policies on advertising
devices.
Bicycle spaces and amenities
8. Facilities for 4 bicycle spaces must be provided for the approved use and be made
available at all times to patrons and staff at the commencement of the use. Indicate
their locations with an Operational Works application.
9. Shower and toilet facilities must be in accordance with the approved plans and
available at the commencement of the use.
Landscaping Works
10. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that
specific area and must include in particular:
a. The extent of works shown on the approved Site Plan (D-11801-01A);
Page 5 of 33
Section 6
ORDINARY MEETING AGENDA 18 APRIL 2019
b. An average of a 2 metre wide landscaping strip is to be provided along the
Project Avenue road frontage of the subject site, exclusive of the access
driveway and generally uncompromised by infrastructure items;
c. All landscape works must be established and maintained in accordance with
the approved design for the life of the development, and in a manner that
ensures healthy, sustained and vigorous plant growth. All plant material
must be allowed to grow to full form and be refurbished when its life
expectancy is reached;
d. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
Site Access and Driveways
11. A sealed access driveway must be provided from Project Avenue to all parking and
manoeuvring areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular a
driveway crossover in accordance with Council’s Standard Drawing RS-051 and
any associated addendums.
Car Parking
12. A minimum of 13 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 11 visitor parking spaces (including scooter) within the total, which are clearly
marked for that purpose and accessible at all times for visitor use;
b. Car spaces 10 & 11 dedicated as staff parking spaces, which are clearly
marked for that purpose;
c. Dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 for the relevant user class.
13. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
14. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Stormwater Drainage
15. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
a. Collection of runoff from the building and hardstand areas;
b. Discharge to Council’s drainage system in Project Avenue and/or to a
suitable easement.
Electricity and Telecommunication Services
16. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits
and pipes to accommodate the future connection of optic fibre technology
telecommunications.
17. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Page 6 of 33
Section 7
ORDINARY MEETING AGENDA 18 APRIL 2019
Easements
18. Unless otherwise agreed in writing by the relevant service provider, any public or
third party infrastructure located on the subject site must be placed within an
easement registered against the title of the property.
19. All easements must be designed in accordance with the planning scheme and
granted at no cost to the Grantee. Where the Grantee is Council or a service
authority, the easement documentation must be in accordance with the Grantee’s
standard easement terms. Draft easement documentation must be submitted to
Council for endorsement.
20. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
21. All fill and associated retaining walls/batters must be contained entirely within the
subject site unless written permission from the respective landowner(s) is provided
to Council. All earthworks must be undertaken in accordance with the provisions
of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
Damage to Services and Assets
22. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
Performance Bond
23. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. Some sport and recreational uses are accepted in the Industry Zone given the
potential impacts of sport and recreation uses; and
2. The fitness centre relies on a large floor area that can be facilitated in an Industry
zone, unlike other zones where it would be difficult to locate.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Page 7 of 33
Section 8
ORDINARY MEETING AGENDA 18 APRIL 2019
3 MCU16/0079.03 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5
MEMORIAL DRIVE, TEWANTIN
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Wilkie
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 9 April 2019 regarding Application No. MCU16/0079.03 to make a
minor change to an existing approval for extensions to the RSL club situated at 5 Memorial
Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A. Refuse the change for the following reasons:
1. In accordance with architectural commentary at the time of the assessment of the
original application the screens are required to reduce the impact of the building
and provide visual interest to the building and streetscape.
2. The building form presents as a back of house/ service area to Pelican Street with
limited opportunity for landscaping to screen the building. The proposed
presentation to Pelican Street is not an appropriate response to the local
streetscape and is not reflective of the Tewantin character.
3. The screens are required to ensure the building meets the overall specific
outcomes of the Tewantin and Doonan Locality Code.
B. Consider the amended colour on the louvres as Generally in Accordance with the original
approval.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
4 OPW19/0046 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
(ADVERTISING DEVICE) SITUATED AT 1/100 RENE STREET, NOOSAVILLE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Wilkie
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
for further consideration.
Carried.
5 PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M DESIGN &
FOURTEEN ENTERPRISES) - REFUSAL OF A MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
TERRACE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stockwell
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 April 2019 regarding Planning & Environment Court
Appeal No. 245 of 2019 and agree to defend the appeal.
Carried.
Page 8 of 33
Section 9
ORDINARY MEETING AGENDA 18 APRIL 2019
6 ENVIRONMENT LEVY POTENTIAL
LAND ACQUISITION - LOT 3 RP186809
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jackson
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
Carried.
Recommendation
The Planning & Environment Committee recommendations dated 9 April 2019 be adopted except
where dealt with or held over by separate resolution.
Page 9 of 33
Section 10
ORDINARY MEETING AGENDA 18 APRIL 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
9 APRIL 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, & Frank Wilkie
Apology: Cr Tony Wellington
Other Councillors in attendance: Cr Stockwell
1 SOLE AND SPECIALISED SUPPLIER LISTINGS
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Procurement & Contracts Advisor to the Services &
Organisation Committee Meeting dated 9 April 2019 and adopt:
A. The Sole Supplier List provided at Attachment 1, for the next twelve (12) months; and
B. The Specialised Supplier List provided at Attachment 2, for the next twelve (12) months.
Carried.
2 PROPOSED LEASE OF SHOP 3 SUNRISE BEACH NEIGHBOURHOOD SHOPPING
CENTRE, 2 GRASSTREE CT, SUNRISE BEACH
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 9 April 2019 regarding the commercial lease of Council premises at Shop 3,
Sunrise Beach Neighbourhood Shopping Centre and:
A. Note the previously proposed lease of the premises to Casey Reid & Julie Sevier
reported to Council in August 2018 did not proceed;
B. Agree to enter a commercial lease of the premises to NEPP Pty Ltd (ATF The Parcheta
Family Trust) for a three year term, as generally outlined in the report;
C. Agree to an initial rent-free period of 4 months; and
D. Authorise the CEO to award two subsequent lease extensions of 3 years, subject to the
lessee complying with the terms of the lease.
Carried.
3 NOOSA NORTH SHORE FERRY SERVICE REVIEW AND LEASE EXTENSION
Cr Pardon declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his residency of the Noosa North Shore and therefore his frequent use of
the Noosa North Shore Ferry. Cr Pardon left the meeting room for the debate and decision on this
matter.
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
Carried.
Cr Pardon returned to the meeting.
Page 10 of 33
Section 11
ORDINARY MEETING AGENDA 18 APRIL 2019
4 NOOSA NORTH SHORE BEACH CAMPGROUND - PROPOSED MANAGEMENT
AGREEMENT EXTENSION
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 9 April 2019 and authorise the CEO to enter into an interim
management agreement for the Noosa North Shore Campground with Beachfront Caravan
Park Pty Ltd for 11 months commencing 1 May 2019.
Carried.
5 WASTE MANAGEMENT - 6 MONTHLY REPORT
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Waste Coordinator to the Services and Organisation
Committee Meeting dated 9 April 2019, providing an update on the activities of the Waste
Section for the first six months of financial year 2018/19.
Carried.
6 UPDATE TO ORGANISATIONAL STRUCTURE
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Wilkie
That Council note the report by the Director Executive Services to the Services and
Organisation Committee meeting dated 9 April 2019 regarding the update to Council’s
organisation structure as detailed within the report.
Carried.
Recommendation
The Services & Organisation Committee recommendations dated 9 April 2019 be adopted except
where dealt with or held over by separate resolution.
Page 11 of 33
Section 12
ORDINARY MEETING AGENDA 18 APRIL 2019
GENERAL COMMITTEE RECOMMENDATIONS
15 APRIL 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington
1 MCU19/0016 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
SEAVIEW TERRACE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wellington
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0016 for a
Development Application for Material Change of Use for a Detached House seaward of the
coastal building line, situated at 54 Seaview Terrace, Sunshine Beach and:
A. Refuse Application No. MCU19/0016 for the following reasons:
1. The proposal is in conflict with the assessment benchmarks of the State Planning
Policy as it proposes development in an Erosion Prone Area and Natural Hazard
Area and presents an unacceptable risk to people and property from coastal
processes, including the projected impacts of climate change.
2. The proposal is contrary to the provisions of the Planning Scheme in that it
proposes development:
a. in the Landslide Hazard Area thereby placing people and property at risk and
does not maintain the natural processes and protection function of land forms
and vegetation contrary to the provisions of the Natural Hazards Overlay
Code.
b. in the Coastal Protection Area extending seaward of the Coastal Building
Line and is likely to adversely impact upon natural coastal processes contrary
to the requirements of the Natural Resources Code.
c. which does not protect the dunal area and natural environmental nor
maintain the safety of people and works contrary to the Overall Outcomes
for the Eastern Beaches Locality.
3. The proposal is contrary to the provisions of the draft Planning Scheme in that it
proposes development:
a. in the Coastal Protection Area extending seaward of the Coastal Building line
and does not allow for natural fluctuations of the coast and foreshore to
occur, including allowance of climate change.
b. which has not been sited to minimise the risk from coastal processes as the
development has not been located as far landward as practicable to ensure
people and property are not at risk from coastal hazards and avoid the need
for additional coastal protection works.
3.4. Recent modelling carried out by the Council indicates significant erosion is likely to
occur in the future which may threaten life and property should the proposed
development proceed.
4.5. Given the site is affected by the Coastal Building Line and is located in a highly
vulnerable erosion prone area, the proposed 6m setback is not sufficient to
minimise the risk of erosion.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Page 12 of 33
Section 13
ORDINARY MEETING AGENDA 18 APRIL 2019
2 OPW19/0046 – DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
(ADVERTISING DEVICE) SITUATED AT 1/100 RENE STREET, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Contract Planner to the Planning & Environment Committee
Meeting dated 9 April 2019 regarding Application No. OPW19/0046 for a Development Permit
for Operational Works - Signage, situated at Noosa Metro Innovation Park, 1/100 Rene Street,
Noosaville and:
A. Refuse the application for the following reasons:
1. The application proposes an Advertising Device in the form of a Wall Sign in excess
of 4m2 signface area which is inconsistent with:
i. Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being
that:
a. The proposed advertising device does not complement and detracts
from the desirable characteristics of the natural and built environment
in which the advertising devices are exhibited;
b. The proposed advertising device is not designed and integrated into
the built form so as to minimise visual clutter;
c. The proposed Advertising Device exceeds the legitimate need to
provide directions and business identification in a manner that is
consistent with achieving the codes overall outcomes; and
d. Signs with a signface area exceeding 4m² are not located in Noosa
Shire.
ii. Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being
that:
a. Signs with a signface area exceeding 4m² are inconsistent with the
overall outcomes sought by this Code and are not located in Noosa
Shire;
b. The proposed sign is not compatible with the existing and future
planned character of the locality in which it is situated;
c. The proposed sign is not designed, sited and integrated to not
contribute to the proliferation of visual clutter and to not unduly
dominate the visual landscape; and
d. The proposed sign is not of a scale, proportion and form that is
appropriate to the streetscape in which it is located.
iii. Probable Solutions of The Noosa Plan’s Advertising Devices Code, being
that:
a. Advertising devices do not include signs with a signface area
exceeding the Acceptable Solutions of this Code or 4m², whichever is
the lessor; and
b. General design and amenity complies with the specific requirements
for all types of advertising devices, including a Wall Sign, do not exceed
a maximum signface area of 4m².
Page 13 of 33
Section 14
ORDINARY MEETING AGENDA 18 APRIL 2019
B. With regard to the other existing Window Sign advise the applicant to:
1. Make the Window Sign compliant with the Advertising Devices Code’s Acceptable
Solutions; or
2. Remove the Window Sign; or
3. Lodge a development application seeking approval for the Window Sign.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
3 ENVIRONMENT LEVY POTENTIAL
LAND ACQUISITION – LOT 3 RP186809
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 9 April 2019 and:
A. Authorise the Chief Executive Officer to negotiate the purchase of Lot 3 RP186809 based
on up to the valuation obtained by Council; and
B. Remove the confidentiality in relation to this report upon the signing of a contract to
purchase Lot 3 RP186809.
Carried.
4 NOOSA NORTH SHORE FERRY SERVICE REVIEW AND LEASE EXTENSION
Cr Pardon declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his residency of the Noosa North Shore and therefore his frequent use of
the Noosa North Shore Ferry. Cr Pardon left the meeting room for the debate and decision on this
matter.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 9 April 2019 and defer consideration of this matter to the Ordinary Meeting of
18 April 2019.:
A. Agree to extend the existing ferry lease for 5 years from 1 July 2019 to 30 June 2024;
B. Request staff further investigate opportunities for a simplified concession system, as
outlined in the report;
C. Note that opportunities for digital technology introduction will continue to be explored but
any material changes to service levels are to be addressed in a future tender process.
Carried.
Cr Pardon returned to the meeting.
Page 14 of 33
Section 15
ORDINARY MEETING AGENDA 18 APRIL 2019
5 DRAFT EVENTS POLICY FOR NOOSA SHIRE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Property Advisor to the General Committee Meeting dated
15 April 2019 regarding the Draft Events Policy for Noosa Shire and agree to adopt the Draft
Policy (provided as Attachment 1 to the report) for the purpose of proceeding to community
consultation.
Carried.
6 BOREEN POINT CAMPGROUND MANAGEMENT SERVICES CONTRACT - TENDER
1819T047
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Pardon
That Council note the report by the Property Manager to the General Committee Meeting dated
15 April 2019 and:
A. Award contract 1819T047 to 1Eight Pty Ltd for the Boreen Point Management Services
Contract for an initial three (3) year period commencing 1 May 2019; and
B. Authorise the Chief Executive Officer to exercise future options to extend the contract for
a further 2 x 1 year periods subject to satisfactory performance at Council’s sole
discretion.
Carried.
7 COMMERCIAL HIGH USE PERMIT APPLICATION - RYDE GREEN PTY LTD (NEON RIDE)
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Wellington
That Council note the report by the Property Manager to the General Committee Meeting dated
15 April 2019 regarding the application from Neon Ride for a Commercial High Use Permit;
and
A. Refuse the Commercial High Use Permit application from Ryde Green Pty Ltd (Neon
Ride); and
B. Refuse any application received from electric scooter businesses or any other shared
mobility device business seeking to operate on Council controlled community land until
the risks associated with identified issues in other local government areas have been
comprehensively assessed by Council and an appropriate evidence based management
strategy has been developed in response to manage those issues (detailed as Option 2
in the report) and community consultation carried out before any final approval of the
management strategy by Council.
Carried.
Page 15 of 33
Section 16
ORDINARY MEETING AGENDA 18 APRIL 2019
8 BUDGET REVIEW 3 (BR3) FOR THE 2018-19 FINANCIAL YEAR
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 April 2019 and approve the proposed changes to the budget for the 2018/19
financial year as outlined in the Revised Budget Financial Statements attached to the report.
Carried.
9 FINANCIAL PERFORMANCE REPORT - MARCH 2019
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 April 2019 outlining March 2019 year to date financial performance against
budget.
Carried.
Recommendation
The General Committee recommendations dated 15 April 2019 be adopted except where dealt with
or held over by separate resolution.
Page 16 of 33
Section 17
ORDINARY MEETING AGENDA 18 APRIL 2019
7 ORDINARY MEETING REPORTS
1 PROPOSED FLIGHT PATH CHANGES FOR SUNSHINE COAST AIRPORT
Document i nformati on
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Aviation/ Noise Issues
Attachments 1. Issues previously raised in the EIS process
EXECUTIVE SUMMARY
Nil.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 18 April
2019 and request the Chief Executive Officer to make a submission to Airservices Australia in
relation to the proposed changes to flight paths for the Sunshine Coast Airport with such submission
to focus on the establishment of a curfew similar to Gold Coast Airport (enforced by legislation) to
minimise the impact of noise from flights on the amenity of residents.
REPORT
1. Background
In 2011, the Sunshine Coast Regional Council (SCRC) commenced a process to upgrade the
Sunshine Coast Airport which included the construction of a new runway, thus necessitating new
flight paths from those currently used on the existing runway. One of the key steps to upgrade an
airport including the construction of a new runway is an Environmental Impact Statement (EIS). The
Queensland Coordinator-General declared this project to be a ‘coordinated project’ in 2011 under
section 26 of the State Development and Public Works Organisation Act. This declaration initiated
the statutory EIS process which required the SCRC as the owner of the airport to prepare an EIS for
the project.
The EIS process commenced in 2012 (prior to the de-amalgamation of Noosa Shire) with the
development of Terms of Reference and culminated in two community consultation periods in 2014
and 2015 for both the original EIS (2014) and an amended EIS (2015). The new Noosa Council
came into existence on 1 January 2014 and was consulted as part of those EIS processes. At the
time, the Council recognised that the proposed airport would bring benefits to the Noosa community
(e.g. more convenience for local residents to travel and supporting the growth of our high value
tourism market) but that it would also have an impact on some residents with flight paths proposed
via the EIS over some parts of the Shire.
The EIS was reviewed by the Co-ordinator General (Qld) and approved in May 2016. A copy of the
Co-ordinator General’s approval and report is referenced later in this report.
As Council would be aware, the necessary approvals for the Sunshine Coast Airport have been put
in place and construction of the new runway is well underway. This includes the required
Commonwealth approvals.
Airservices Australia are now undertaking consultation in relation to the detail of the flight paths that
will service the new runway (the new runway is designated as runway13/31). Approval for the use of
airspace due to the operation of the new runway requires an airspace change approval under the
Commonwealth Airspace Act 2007.
Page 17 of 33
Section 18
ORDINARY MEETING AGENDA 18 APRIL 2019
Approval for airspace change is required prior to the operation of the new runway. An approval to
change the use of airspace is reliant upon the detailed specifications of the runway, and (as flagged
in the Co-ordinators General assessment) needs to occur close to the time of the completion of the
construction of the runway. Airservices Australia has oversight of this process.
This report will examine the flight path issue that Airservices Australia is currently undertaking
consultation on with a particular focus on what is the difference in the proposed flight paths compared
to the EIS process finalised in 2016.
2. Approved EIS
In May 2016, the Co-ordinator General (Qld) approved the EIS. A copy of the assessment and report
by the Co-ordinator General can be found here:
https://www.statedevelopment.qld.gov.au/resources/project/sunshine-coast-airport/scae-cger-final-
may-2016.pdf
Included in that assessment were details of a range of issues identified through the EIS process.
These issues included:
Operational Airport Noise Land Use Planning Social Impacts
Economic Impacts Natural Hazards Water Quality
Geology and Soils Matters of State Environmental Air Quality
Significance
Greenhouse Gas Emissions Construction Noise Traffic and Transport
Cultural Heritage
By way of background, a full list of the issues considered as part of the EIS process is set out in
Attachment 1.1 This report to Council does not revisit all of the issues above as they were addressed
in 2016. This report does address the operational airport noise issue as that matter has been
enlivened by the review of the flight paths by Airservices Australia.
Operational airport noise is primarily impacted by the flight paths of aircraft approaching and taking
off from the airport. Indicative flight paths and their noise impacts were considered in the 2016 Co-
ordinator General EIS report.2 The indicative flight paths identified for runways 13/31 in the original
EIS are set out below (the coloured shaded areas) overlaid with the proposed detailed flight paths.
1 Refer to table 3.1 on page 14 of the Sunshine Coast Airport Expansion Project Coordinator-General’s evaluation report
on the Environmental Impact Statement dated May 2016.
2 Refer to Section 5.1 “Operational Aircraft Noise” on page 22 of the Sunshine Coast Airport Expansion Project Coordinator-
General’s evaluation report on the Environmental Impact Statement dated May 2016.
Page 18 of 33
Section 19
ORDINARY MEETING AGENDA 18 APRIL 2019
(Runway 13 is the designation for landings on the new runway from the north west to the south east
direction. Runway 31 is the designation for landings on the new runway from the south east to the
north east direction).
Page 19 of 33
Section 20
ORDINARY MEETING AGENDA 18 APRIL 2019
As outlined in the background, the detailed flight paths are determined under Commonwealth
Legislation via Airservices Australia. The following flight paths are currently being considered and
are currently subject to public consultation:
Page 20 of 33
Section 21
ORDINARY MEETING AGENDA 18 APRIL 2019
3. Noise issues arising from the proposed flight paths
Airport activities are inherently noisy operations due to the operation of jet aircraft, helicopters etc.
Noise and its impact on people is measured by decibels (dBA). For airports, one industry standard
approach is to measure the number of days that an area will be impacted by a noise of 70dBA. For
example, an area that will be impacted by noise reaching 70 dBA more than 10 times will be identified
as N70 equals 10.
What does 70 dBA mean?
Noise and its impact on people is affected by a range of environmental considerations including
wind, topography, cloud levels etc. As such, a noise level cannot be considered absolute but is a
guide to the potential impact on residents. Decibels are not a linear scale i.e. as the decibel number
increases, there is an incremental increase in impact. There are a range of examples of descriptions
as to what each increment of decibel means. Set out below is one example:
Page 21 of 33
Section 22
ORDINARY MEETING AGENDA 18 APRIL 2019
What are the N70 levels for the proposed flight paths?
The N70 impacts for runway 13/31 in 2020 are forecast to be:-
The N70 impacts for runway 13/31 in 2040 are forecast to be:-
Page 22 of 33
Section 23
ORDINARY MEETING AGENDA 18 APRIL 2019
The other noise assessment tool for examining the impact of noise from airports is the Australian
Noise Exposure Forecast (ANEF). Thus, ANEF are contour maps that show a forecast of the impact
of aircraft noise levels that are expected to exist in the future. This is similar to the N70 approach
but instead of showing the frequency that a particular dBA level (70) occurs, it identifies where
“acceptable” or “non acceptable” noise levels will apply i.e. it reflects the anticipated community
reaction to noise based on Australian Standards. The higher the ANEF number, the more
unacceptable the noise impact is to the community. Anything under ANEF 20 is considered
acceptable.
For the proposed new runway 31/13 at Sunshine Coast airport, the ANEF contours are shown below
for both 2020 and 2040. It is emphasised that these are forecasts that relate to ‘acceptable to non-
acceptable’ impacts of aircraft noise.
Page 23 of 33
Section 24
ORDINARY MEETING AGENDA 18 APRIL 2019
The final approach to measuring noise impacts is modelling relating to individual aircraft types for
take offs and landings. Contour maps can show the anticipated noise level for different locations
showing which areas will potentially hear noise from flight arrivals and departures and at what decibel
level. The Sunshine Coast Airport has an online tool that shows the expected maximum noise impact
of the Boeing B737-700 for both take offs and landings (see below).
Page 24 of 33
Section 25
ORDINARY MEETING AGENDA 18 APRIL 2019
Page 25 of 33
ORDINARY MEETING AGENDA 18 APRIL 2019
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Page 25 of 33Section 26
ORDINARY MEETING AGENDA 18 APRIL 2019
Discussion
As can be seen from the information above, there are a number of ways to assess the noise impacts
of the proposed flight paths. These are forecasted impacts for the proposed flight paths based on
modelling.3 While the proposed amended flight paths cross parts of Noosa Shire, most are at a
relatively high level before descending towards the airport landing area. Naturally, the lower the
aircraft level, the more likelihood of noise impact.
In assessing the various noise assessment models, the following is noted:
There are no ANEF areas projected to be above ANEF 20 in the Noosa Shire (ANEF 20 being
the “acceptable” lower limit). Most of the higher ANEF measured impacts are anticipated in
the near vicinity of the airport.
There are no areas projected to be affected by N70 events in the Noosa Shire.4 Most of the
N70 events are expected to be near the airport itself (including Mudjimba) extending out to the
Yandina Creek locality.
The B737-700 modelling shows some 60 dBA events
i. over the south west part of Lake Weyba and
ii. at the southern end of the Cooroy Mountain locality.
No other parts of Noosa Shire are projected to have impacts above 60 dBA for the B737-700
scenario.
It should be noted that the observations above are based on modelling and projections which is the
best information available at this time.
Comparisons with other airports
Often, the best way to gain a practical understanding of the impacts is to compare the N70 modelling
with other airports.
For example, Brisbane airport also has an interactive online N70 modelling tool that shows the N70
impact based on the current runway, the proposed new parallel runway, times of day (day, evening,
overnight) and other variables.5 As an example, the N70 impact of the existing Brisbane Airport
runway on a busy weekday during summer is set out below:
3 The N70, ANEF and B737-700 assessments have been undertaken using an online noise assessment tool developed in
relation to the Sunshine Coast Airport – see https://web-a-e-prod-aircraftnoisetool.azurewebsites.net/
4 Note that Council has sought access to N60 modelling but at the date of this report being prepared, that modelling was
not yet available.
5 See - https://flightpathtool.bne.com.au/bac/map
Page 26 of 33
Section 27
ORDINARY MEETING AGENDA 18 APRIL 2019
Such comparisons allow like for like comparisons to see the frequency of “like for like” noise impact
on localities that people are familiar with.
4. Hours of airport operation and Airport Curfews
One of the key considerations for noise is the level of ambient noise and environmental conditions.
In layman’s terms, an overhead aircraft is more likely to be heard at night than during the day time
period.
The question of hours of operation were addressed in the Co-ordinator General’s Assessment of the
EIS in 2016. It identified as follows:
“Flights would not operate during night-time (10pm to 7am) until 2040. In 2040, two flights are likely
to be scheduled between 6am to 7am”6.
It is important to note that this is not a mandated curfew but rather, the proposed operating procedure
of the airport. It is not legally enforceable for non-compliance but represents the airports proposed
‘modus operandi’.
Sunshine Coast Airport has also adopted a “Fly Neighbourly Policy”. This is a voluntary agreement
by airport operators to abide by certain obligations to reduce the impact of operations (mainly noise)
on residents. This was developed by Sunshine Coast Airport at a time when there were particular
concerns about the level of noise emanating from helicopter operations. A copy of the Fly
Neighbourly Policy can be found here - https://www.sunshinecoastairport.com.au/wp-
content/uploads/2017/08/20160701-FlyNeighbourlyPolicy.pdf
Similar to the hours of operation identified in the EIS, the Fly Neighbourly Policy is a voluntary code
of conduct that expresses the intent of airport operators in reducing noise impacts across the region.
6 Page 31 of the Sunshine Coast Airport Expansion Project Coordinator-General’s evaluation report on the Environmental
Impact Statement dated May 2016.
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Section 28
ORDINARY MEETING AGENDA 18 APRIL 2019
Is it possible to have an enforceable curfew that limits the hours of operation?
Yes, but only via a legislative approach that introduces a mandatory curfew that is legally
enforceable. This process is also managed by Airservices Australia.
There are four airports in Australia that have such a mandatory curfew on jet aircraft operations,
namely Gold Coast airport, Sydney airport, Melbourne Essendon airport and Adelaide airport. All of
these are primarily located in residential areas.
Airport curfews are enshrined via specific regulations or legislation for each of the four airports. This
legislation is managed and enforced by Airservices Australia. The current curfew arrangements for
these four airports are generally along the following lines:
A general restriction on commercial jet flights between 11pm and 6am;
Exemptions for emergent circumstances;
Some exemptions for freight or non-commercial jet flights during those times (often on a quota
system); and
Fines and / or prosecutions can apply for breach of the curfew.
5. Discussion
It is important for our Council to support our residents who may be affected by the proposed changes
to flight paths proposed by Airservices Australia. As noted in this report, there are only some areas
of our Shire that are affected by noise from aircraft using these flight paths at a level of 60 dBA or
greater. It is likely that such noise would be more apparent to residents at night due to lower ambient
noise levels.
One of the most effective actions that Council can take at this stage is to seek a stronger level of
protection for night operations than currently applies through the “Fly Neighbourly” approach and the
statement of intent for hours of operation in the EIS. While both of these current approaches are
commendable, they are not enforceable without the legislative backing of a curfew imposed by
Airservices Australia. This formal curfew approach is already taken at four other airports in
residential type areas (Gold Coast, Sydney, Melbourne Essendon and Adelaide).
As such, Council should make a submission to Airservices Australia seeking a formal limitation on
the hours of operation at night time similar to that which applies in the four other airports identified
above. This will provide long term protection for residential amenity.
Previous Council Consideration
Nil.
Finance
Nil.
Risks & Opportunities
There is an opportunity for Council to support our residents by raising concerns with Airservices
Australia in relation to noise issues that may arise from the proposed flight paths. While it is likely
that there will be some flights that take place over our Shire, we can provide a submission to
Airservices Australia that seeks to ameliorate the impact on Noosa residents.
It is highly unlikely that that Airservices Australia will shift the proposed flight paths in any significant
way for operational and safety reasons. Even if that was to occur, there is a risk that a shift in the
proposed flight paths will affect other residents in another part of the Shire.
Page 28 of 33
Section 29
ORDINARY MEETING AGENDA 18 APRIL 2019
The determination of flight paths and whether airports should operate with a curfew is a
Commonwealth matter. Given that only four airports in Australia currently operate with a legislative
curfew, there is a risk that the Commonwealth will be reluctant to impose a statutory curfew on
another airport for reasons that would include:
i. the potential restrictions on future operations of the airport
ii. the potential impact on overseas flights arrival and departure times and
iii. the burden of developing a legislative framework for one additional airport.
The development of the Sunshine Coast Airport represents an opportunity for many in the Noosa
region for reasons that include more convenient options to travel and the potential benefits that
accrue to the Noosa economy for high value tourism and business travel. This needs to be
considered in the context of the impact of the flight paths on residents. The current issue is not about
reviewing the decision as to whether the airport should be redeveloped (as that decision has already
been made) but rather the current issue is about whether the amended flight paths as proposed by
Airservices Australia are better than the indicative flight paths identified in the EIS.
Consultation
External Consultation - Community & Stakeholder
Airservices Australia staff involved in the current community consultation process
Councillors have received representations from residents regarding this issue
Ross Ullman from Sunshine Coast Regional Council
Internal Consultation
Environmental Health Staff
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
x Waste & Environmental Health Revenue Services
Executive Services 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 Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 29 of 33
Section 30
ORDINARY MEETING AGENDA 18 APRIL 2019
ATTACHMENT 1
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ORDINARY MEETING AGENDA 18 APRIL 2019
ATTACHMENT 1
Table 3.1 Key issues raised in public and agency submissions
Operational * noise impacts associated with aircraft arriving to and departing from
aircraft noise the airport during the day time and night time
* increase in noise associated with the move in the proposed east-west
runway footprint
+ the need for compensation for newly affected dwellings and dwellings
that would experience an increase in noise
* inadequate noise mitigation measures
* aircraft noise impacts on community facilities
Land use * change in ANEF contours throughout planning documents
planning * move in the proposed east-west runway footprint and consequent
noise impacts on surrounding residents
* potential impacts on residential dwellings and associated community
safety in new Public Safety Areas
* potential impacts on road safety from aircraft landing and taking-off
over major roads
Social impacts + health impacts
* poor community consultation about the proposed east west runway
* lack of information about the project for people purchasing property in
the vicinity of the airport and impacts on property values
* potential overdevelopment of the Sunshine Coast
* potential impacts on Pacific Paradise State School
Economic impacts + methodology of the economic impact assessment—comparisons
between the preferred and non-preferred project options
* assumptions and data used in the economic impact assessment—for
example, flight predictions, change in CASA regulation
* lack of nsk analysis to underpin methodology
* devaluation of property in close proximity to the airport and under
flight paths
* flow-on economic development is not supported by the submitters
Natural hazards * flood impacts on property
* reduced capacity of the floodplain from runway fill
* adequacy of the flood modelling
* flood impacts exacerbated by sea level rise
* increased risk of extreme weather events
Water quality * tailwater discharge from the reclamation area
* water quality impacts in the Maroochy River and Marcoola Drain
* runoff from ASS
* groundwater impacts and monitoring
* management of the sand delivery pipeline
Sunshine Coast Airport Expansion project
-14- Coordinator-General’s evaluation report on the environmental impact statement
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ORDINARY MEETING AGENDA 18 APRIL 2019
Geology and soils + management of acid ASS, in particular runoff from sand placement
into surface water
* potential impacts of ASS on groundwater and bore water
* likelihood of whether calcareous material will buffer soil acidity of sand
deposits in a terrestnal environment
« the need for a more detailed ASS environmental management
framework
* contamination of shallow groundwater by hydrocarbons
* management of contaminated land in the proposed construction
OO
Matters of state + effectiveness of the proposed connectivity corridor in supporting
environmental ecosystem functions due to aircraft noise impacts and restrictions on
significance airport safety requirements and edge effects on the corridor
* appropriateness and likelihood of the proposed translocation of Mount
Emu she-oak being successful and contingency measures
* suitability of the ‘Palmview’ site in providing a conservation gain for
the acid frogs and the Mount Emu she-oak (as a contingency)
* potential for the construction of the dredge pipeline to impact on the
wallum orchid
* requirement for pre-clearing flora surveys, species management plans
and compliance with the Nature Conservation (Wildlife Management)
Regulation 2006
* the effectiveness of a linear strip beside a runway being maintained
@s ground parrot and acid frog habitat
* potential salinity impacts from tailwater discharge on acid frogs in the
east drain which ts connected to the Marcoola drain
* potential impacts on water mouse habitat in the Maroochy River
associated with tailwater discharge to Marcoola drain and sediment
runoff/land disturbance
* impacts of aircraft noise on fauna, particularly impacts on wedge-
tailed shearwaters that nest on Mudjimba Island, and increased nsk of
bird strike with the new flight path
* lighting impacts on nesting turties/hatchlings on Marcoola Beach
during airport operation; and from subsequent airport-related
development
* timing of sand pumping works to avoid impacts on nesting turties and
hatchlings and dredging impacts on turties including transit of the
dredge vessel.
* reinstatement of the dune following the cessation of sand delivery
Air quality * location of air quality monitoring stations
* impact of dust from increased use of unsealed roads dunng
construction
* accuracy of the air pollution model (TAPM) used for the project
assessment
* emissions resulting from increased air traffic and consequent air
quality impacts
Greenhouse gas - environmental impacts of greenhouse gas emissions from increased
emissions air traffic at the SCA
Sunshine Coast Airport Expansion project
Coordinator-General’s evaluation report on the environmental impact statement -15-
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Construction * noise impacts from the dredge booster pump, and mitigation and
noise monitoring measures for the pump
Traffic and * increased motor vehicle traffic in the vicinity of airport
transport + the signalised upgrade of the Finland Road/David Low Way
intersection, including the potential layout and proposed upgrades
* how traffic will be managed during construction, particularly in the
road-useé management plan
Cultural heritage * impacts on cultural heritage related to consultation with traditional
owners
* impacts on heritage values
Other issues * project justification and altematives to the project
* the need for a fourth international airport in south-east Queensland
* length of the EIS process
Page 32 of 33Section 33
ORDINARY MEETING AGENDA 18 APRIL 2019
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 16 May 2019 at the Cooran Memorial School of Arts
Hall, 14 King Street, Cooran commencing at 6pm.
10 MEETING CLOSURE
Page 33 of 33