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2016-04-28 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting

             Thursday, 28 April 2016

                    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



  “Engagement with our community to protect and enhance our lifestyle”
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Section 2

ORDINARY MEETING AGENDA                                    28 APRIL 2016


TABLE OF CONTENTS


ITEM                                                              PAGE
1      ATTENDANCE & APOLOGIES                                         3
2      CONFIRMATION OF MINUTES                                        3
3      MAYORAL MINUTES                                                3
4      NOTIFIED MOTIONS                                               3
5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                     4
       PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS               4
       SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS              6
       GENERAL COMMITTEE RECOMMENDATIONS                              8
6      ORDINARY MEETING REPORTS                                      11
7      PETITIONS                                                     11
8      CLOSED SESSION                                          11
9      NEXT MEETING                                                  11
10     MEETING CLOSURE                                               11




                                                            Page 2 of 11

Section 3

ORDINARY MEETING AGENDA                                                     28 APRIL 2016



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 10 March 2016 be received and confirmed.




3   MAYORAL MINUTES




4   NOTIFIED MOTIONS

    Nil.




                                                                              Page 3 of 11

Section 4

ORDINARY MEETING AGENDA                                                            28 APRIL 2016


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
19 APRIL 2016 – Crs. Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell,
Tony Wellington
Other Councillors in Attendance: Crs. Pardon, Wilkie & Glasgow


APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved:           Cr Stockwell
Seconded:        Cr Jackson

That the Planning & Environment Committee appoint Cr Jurisevic as its Chairperson.
                                                                                          Carried.


1    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
     BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP AND
     RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
     EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022)
     Item not dealt with by Planning & Environment Committee.               Referred to General
     Committee for consideration.
     Reason for referral – Significance of issue



2    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR TRANSPORT
     TYPE 3 - DEPOT SITUATED AT 44 NANDROYA ROAD, COOROY (MCU15/0085)
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 19 April 2016 regarding Application No. MCU15/0085 for a
     Development Permit for a Material Change of Use - Transport Type 3 - Depot situated at 44
     Nandroya Rd, Cooroy 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 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.




                                                                                     Page 4 of 11

Section 5

ORDINARY MEETING AGENDA                                                             28 APRIL 2016


                  Plan No.        Rev.   Plan/Document Name                         Date
                  08-2692AD              Plan showing location of new shed at lot   12-05-2015
                                         2 on RP193949, prepared by Max
                                         Watterson & Associates
                  Q0427-SITE             Site Layout, prepared by AJS Surveys       17-02-2016
                  2 of 6                 Floor Plan, prepared       by   Fineline   2 December 2014
                                         Residential Design
                  3 of 6                 Elevations, prepared       by   Fineline   2 December 2014
                                         Residential Design
                  6 of 6                 Roof Plan, prepared        by   Fineline   2 December 2014
                                         Residential Design

                Earthworks
          3.    Earthworks required on site must be carried out in accordance with Council’s
                Planning Scheme Policy PSP5 Engineering Design Standards, so as not to
                cause the additional ponding of water on any adjoining lands or concentrate or
                direct overland flow on to an adjoining property.

                Advice Agency
          4.    The development must comply with the Energex Limited Referral Response
                dated 16 March 2016, reference HBD 5059698 346062.
     B.   Find the following sufficient grounds to justify the decision despite the conflict with the
          Planning Scheme:
          1.    The use is existing on the site and the development will not negatively impact on
                the developed character or amenity of the area.


3    PLANNING & ENVIRONMENT COURT APPEAL D35/16 FOR A DEVELOPMENT
     APPLICATION FOR OPERATIONAL WORKS (CLEARING VEGETATION) IN AN
     ENVIRONMENTAL COVENANT AREA AT 6 SERENITY CLOSE, NOOSA HEADS
     (OPW15/0195)
     That Council note the report by the Environment Officer to the Planning & Environment
     Committee Meeting dated 19 April 2016 regarding Planning and Environment Court Appeal
     D35/2016 and agree to defend the appeal.


4    DRAFT NOOSA SHIRE KOALA CONSERVATION PLAN 2016
     That Council note the report by the Principal Environment Officer to the Planning &
     Environment Committee Meeting dated 19 April 2016 and agree to commence public
     consultation on the Draft Noosa Shire Koala Conservation Plan.




Recommendation

The Planning & Environment Committee recommendations dated 19 April 2016 be adopted except
where dealt with or held over by separate resolution.




                                                                                       Page 5 of 11

Section 6

ORDINARY MEETING AGENDA                                                                     28 APRIL 2016


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
19 APRIL 2016 – Crs. Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie

Other Councillors in Attendance: Crs. Jurisevic & Jackson


APPOINTMENT OF CHAIRPERSON

Committee Resolution
Moved:         Cr Wilkie
Seconded:      Cr Wellington
That the Services and Organisation Committee appoint Cr Pardon as its Chairperson.
                                                                                                     Carried.

1    1516T002 PREFERRED SUPPLIER ARRANGEMENT FOR PARKS AND NATURAL
     AREAS TREE GOODS & SERVICES TENDER ACCEPTANCE
     That Council note the report by the Parks & Natural Areas Coordinator to the Services &
     Organisation Committee Meeting dated 19 April 2016 and appoint the contractors listed in
     Table 1 within the Report as preferred suppliers for Tree Goods and Services pursuant to
     Tender 1516T002.


2    BUSINESS MENTORING NOOSA - FUNDING
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to his membership of CCIQ Noosa. Cr Pardon believed he could consider this
     item impartially and in the public interest and therefore remained in the room for the debate and decision
     on this matter.
     That Council note the report by the Senior Economic Development Officer to the Services &
     Organisation Committee Meeting dated 19 April 2016, and authorise the Chief Executive
     Officer to provide the following support to assist the Business Mentoring Noosa program to
     continue and develop through:
     A.     A one off direct funding in the amount of $5,000 to CCIQ Noosa as the auspicing
            organisation for Business Mentoring Noosa;
     B.     Assistance in identifying additional direct funding opportunities; and
     C.     Other assistance including information, communication and resource sharing,
            consistent with Councils enabling role as identified in the Local Economic Plan.

     Cr Pardon voted in favour of the recommendation.


3    COUNCILLOR   REPRESENTATION   ON                          VARIOUS          BOARDS,         EXTERNAL
     ORGANISATIONS AND WORKING GROUPS
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee meeting dated 19 April 2016 and:
     A.     Appoint the Mayor as a permanent member and Cr Wilkie as the initial member of the
            CEO Performance Review Committee and authorise the Mayor to review and appoint
            a Councillor representative on an annual basis;
     B.     Appoint the Mayor as Chair and Cr Jurisevic as Deputy Chair of the Noosa Local
            Disaster Management Group and Cr Jurisevic as Chair of the Noosa Local Disaster
            Recovery Committee;

                                                                                               Page 6 of 11

Section 7

ORDINARY MEETING AGENDA                                                       28 APRIL 2016


     C.   Appoint Cr Frank Wilkie as Council’s representative on the Tourism Noosa Board;
     D.   Appoint the Mayor to the Noosa Biosphere Reserve Foundation Board;
     E.   Appoint the Mayor and Cr Jurisevic as members of the Case Management Working
          Group;
     F.   Appoint Cr Frank Pardon as Council’s representative on the Northern SEQ Regional
          Roads and Transport Group;
     G.   Note the Mayor’s membership of the SEQ Regional Plan Committee;
     H.   Appoint the Mayor and Cr Jackson as members of the Audit and Risk Committee;
     I.   Appoint Cr Stockwell as a member of the Environment Levy Working Group;
     J.   Appoint Cr Glasgow as Council’s representative on the Regional Arts Development
          Fund Committee;
     K.   Appoint Cr Wilkie as a member of the Rufous Street Project Control Group;
     L.   Appoint Cr Stockwell as a member Chair of the Park Road Boardwalk Project
          Reference Group; and
     M.   Appoint Crs. Pardon, Jackson and Wilkie as members of the Transport Strategy Project
          Control Group.



4    CAPITAL PROGRAMME DELIVERY STATUS AS AT 31 MARCH 2016
     That Council note the report by the Asset Planning Coordinator to the Services &
     Organisation Committee Meeting dated 19 April 2016 providing an update on the status of
     the projects being delivered in the 2015/16 Capital Works Programme.


5    FINANCIAL PERFORMANCE REPORT - MARCH 2016
     That Council note the report by the Manager Financial Services to the Services &
     Organisation Committee Meeting dated 19 April 2016 providing the March YTD monthly
     financial performance report for the 2015/16 financial year.




Recommendation

The Services & Organisation Committee recommendations dated 19 April 2016 be adopted except
where dealt with or held over by separate resolution.




                                                                                 Page 7 of 11

Section 8

ORDINARY MEETING AGENDA                                                                     28 APRIL 2016


GENERAL COMMITTEE RECOMMENDATIONS
26 APRIL 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Tony Wellington


APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved:           Cr Jurisevic
Seconded:        Cr Pardon

That the General Committee appoint Cr Wilkie as its Chairperson.
                                                                                                     Carried.


1    FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
     BUSINESSES - TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP &
     RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
     EUMUNDI NOOSA RD, NOOSAVILLE (MCU15/0095 & REC15/0022)
     Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) as prior to the election, in her past capacity as Secretary of Noosa Parks
     Association, she was a submitter in opposition to the application. Cr Jackson left the meeting room
     for the debate and decision on the matter.
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) as he had contributed to a newspaper article detailing the history of the
     application site prior to the application being considered by Council. Cr Pardon believed he could
     consider this item impartially and in the public interest and therefore remained in the meeting room for
     the debate and decision on this matter.
     That Council note the reports by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26 April
     2016 for a development application for a Material Change of Use of Premises - Retail
     Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots &
     Access Easement, situated at 115 Eumundi Noosa Rd, Noosaville and approve the
     application in part only, in accordance with the following:
     A.     Refuse application No. MCU15/0095 for a Material Change of Use of Premises - Retail
            Business Type 2 Shop for the following reasons:
            1.     The service station poses unacceptable risks to human health, safety and
                   wellbeing at adjacent existing uses, in particular to children using directly
                   adjacent school facilities.
            2.     The development provides insufficient buffers to adjacent extremely sensitive
                   school uses.
            3.     The development conflicts with The Noosa Plan’s Noosaville Locality Code and
                   Business Uses Code as it is incompatible with, and has the potential to adversely
                   impact on, the adjacent school users.
            4.     The service station is unable to contain emissions within the site, as sought by
                   The Noosa Plan for sites adjoining community uses.
            5.     A precautionary approach should be applied pursuant to the Sustainable
                   Planning Act 2009, given the development’s significant health and safety risks
                   for adjoin the adjoining sensitive uses.




                                                                                               Page 8 of 11

Section 9

ORDINARY MEETING AGENDA                                                         28 APRIL 2016


    B.   Approve application No. REC15/0022 for Reconfiguring a Lot (1 Lot into 2 Lots &
         Access Easement), subject to the following conditions:
         When Conditions Must Be Complied With
         1.   Unless otherwise stated, all works required by the conditions of this Decision
              Notice must be completed prior to submission of the subdivision plan to Council
              for compliance assessment.
         Approved Lot Reconfiguration Plan
         2.   The lot reconfiguration shall be carried out generally in accordance with approved
              plan No. 3049PROP titled Proposed Subdivision Lots 1 & 2 and Emt E in Lot 1
              Cancelling Lot 30 on SP170751 123 Eumundi Road Noosaville by John Dawson
              Surveys Pty Ltd and dated 18/9/2015, subject to the following amendment:
              a.   2.0m x 2.0m truncation for the proposed dividing boundaries near the
                   southeast corner of the proposed access handle.
         3.   All lot numbering on the subdivision plan to be submitted to Council for
              compliance assessment must remain as shown on the Approved Plans.
         4.   The development must be undertaken and operated in a manner that causes no
              detrimental effect upon the amenity of the neighbourhood by reason of the
              creation of excessive noise, lighting nuisance or other emissions.
         Easements
         5.   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.
         6.   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.
         7.   All works must be kept clear of any existing or proposed easements on the
              subject land, unless agreed otherwise in writing by the Grantee.
         Vehicle Access
         8.   All vehicle access to proposed Lots 1 and 2 must be via the proposed access
              easement and a single shared access driveway in Eumundi Noosa Road. The
              driveway must be located generally in the same location as the existing driveway.
         Stormwater
         9.   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:
              9.1. Stormwater system designed and constructed in accordance with Council’s
                   Planning Scheme Policy 5 – Engineering Design Standards – Roads,
                   Drainage and Earthworks
              9.2. No adverse impact on other properties and the road’s footpath and grassed
                   verge (eg by diverting flows and/or blocking flows and causing additional
                   ponding)
              9.3. Where applicable, extension of the site stormwater system to
                   accommodate stormwater from external site, including registration of
                   drainage easements


                                                                                  Page 9 of 11

Section 10

ORDINARY MEETING AGENDA                                                            28 APRIL 2016


                9.4. The use of gravity stormwater drainage only and not surcharge pits or
                     pumps.
          10.   Stormwater runoff from the development must be disposed of without causing
                scour or damage to the subject site or any adjoining property.
          Water & Sewer Connections
          11.   An underground connection to reticulated water and sewerage must be provided
                to each lot in accordance with the standards and requirements of Northern SEQ
                Distributor–Retailer Authority (Unitywater).
          12.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
                (Unitywater) must be submitted to Council that certifies an underground
                connection to reticulated water and sewerage has been provided to each lot.

     Cr Pardon voted in favour of the recommendation. Cr Jackson was absent for the vote on this item.
     Cr Jackson re-joined the meeting.




2    OPERATIONAL PLAN PROGRESS REPORT -3RD QUARTER 2015-16
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 26 April 2016 providing an update on progress with the implementation of the
     Operational Plan to 31 March 2016 and details of Council’s Key Performance Indicators.




Recommendation

The General Committee recommendations dated 26 April 2016 be adopted except where dealt
with or held over by separate resolution.




                                                                                    Page 10 of 11

Section 11

ORDINARY MEETING AGENDA                                                       28 APRIL 2016


6    ORDINARY MEETING REPORTS

     Nil.




7    PETITIONS




8    CLOSED SESSION




9    NEXT MEETING

     The next Ordinary Meeting will be held on 19 May 2016 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE




                                                                               Page 11 of 11

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