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2022-07-21 Ordinary Meeting Agenda

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                       AGENDA


            Ordinary Meeting


              Thursday, 21 July 2022

                    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 AGENDA                                             21 JULY 2022


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.    PRESENTATIONS                                                        3

       7.    DEPUTATIONS                                                          3

       8.    CONSIDERATION OF COMMITTEE REPORTS                                   4

             1   AUDIT & RISK COMMITTEE MEETING REPORT – 24 JUNE 2021             4

             2   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12
                 JULY 2022                                                        5

             3   SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12
                 JULY 2022                                                       15

             4   GENERAL COMMITTEE MEETING REPORT – 18 JULY 2022                 17

       9.    ORDINARY MEETING REPORTS                                            24

             5   GALLERY SITE VISITS – TRAVEL COSTS                              24

             6   FURTHER REPORT - 2022 LGAQ CONFERENCE MOTIONS – NOOSA
                 COUNCIL                                                         27

       10.   CLOSED SESSION                                                30

       11.   PUBLIC QUESTION TIME                                                30

       12.   NEXT MEETING                                                        30

       13.   MEETING CLOSURE                                                     30




                                                                        Page 2 of 30

Section 3

ORDINARY MEETING AGENDA                                                         21 JULY 2022


1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Special Meeting held on 20 May 2022 be received and confirmed.

     The Minutes of the Ordinary Meeting held on 16 June 2022 be received and confirmed.

     The Minutes of the Special Meeting held on 23 June 2022 be received and confirmed.

     The Minutes of the Special Meeting held on 28 June 2022 be received and confirmed.




3.   MAYORAL MINUTES




4.   PETITIONS




5.   NOTIFIED MOTIONS


     Nil.




6.   PRESENTATIONS

     Nil.




7.   DEPUTATIONS

     Nil.




                                                                                 Page 3 of 30

Section 4

ORDINARY MEETING AGENDA                                                           21 JULY 2022


8.   CONSIDERATION OF COMMITTEE REPORTS

1    AUDIT & RISK COMMITTEE MEETING REPORT – 24 JUNE 2021
     ATTENDANCE & APOLOGIES
     COMMITTEE
     Tim Cronin (Chair)
     Kerry Phillips
     Cr Tom Wegener
     OTHER ATTENDEES
     Scott Waters, Chief Executive Officer
     Trent Grauf, Acting Director Corporate Services
     Debra Iezzi, Director Executive Services
     Diana Stewart, Governance Advisor
     Alex Nolan, Governance Officer
     Pauline Coles, Acting Finance Manager
     Sri Narasimhan, Queensland Audit Office
     Martin Luwinga, Queensland Audit Office
     Thomas Cook, KPMG
     Jillian Richards, KPMG
     APOLOGIES
     Cr Clare Stewart

     COMMITTEE RECOMMENDATIONS TO COUNCIL

     1    QUEENSLAND AUDIT OFFICE REPORT
          That Council note the Queensland Audit Office Briefing Note provided by the Queensland
          Audit Office (QAO) and KPMG to the Audit & Risk Committee meeting dated 24 June
          2022.

     2    2021-22 SHELL FINANCIAL STATEMENTS AND END OF FINANCIAL YEAR
          UPDATE
          That Council note the report by the Manager Financial Services (Acting) to the Audit &
          Risk Committee Meeting dated 24 June 2022 regarding Council’s progress preparing for
          the 2021/22 financial statements.

     3    FINANCIAL STATEMENT MATURITY MODEL TARGET LEVELS AND GAP
          ANALYSIS
          That Council note the report by the Manager Financial Services (Acting) to the Audit &
          Risk Committee Meeting dated 24 June 2022 regarding the assessment of target
          maturity levels for its Financial Statement Preparation Processes using QAO’s self-
          assessment tool.

     4    UPDATE ON SIGNIFICANT ACCOUNTING AND REPORTING ISSUES
          That Council note the report by the Manager Financial Services (Acting) to the Audit &
          Risk Committee Meeting dated 24 June 2022 providing an update on the progress
          towards completing outstanding audit action items as identified as part of the external
          audit process.
     Committee Recommendation
     That the report of the Audit & Risk Committee dated 24 June 2022 be received and the
     recommendations therein be adopted except where dealt with by separate resolution.

                                                                                   Page 4 of 30

Section 5

ORDINARY MEETING AGENDA                                                            21 JULY 2022


2   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 JULY 2022

    ATTENDANCE & APOLOGIES

    COUNCILLORS
    Cr Brian Stockwell (Chair)
    Cr Tom Wegener
    Cr Frank Wilkie (Acting Mayor)
    Cr Amelia Lorentson (non-Committee Councillor)

    EXECUTIVE
    S Waters, Chief Executive Officer
    L Jensen, Acting Director Environment and Sustainable Development

    APOLOGIES
    Cr Karen Finzel
    Cr Clare Stewart


    COMMITTEE RECOMMENDATIONS TO COUNCIL


    1    RAL22/0001 – APPLICATION FOR RECONFIGURATION OF A LOT (1 INTO 2 LOTS)
         AT 9 MAPLE STREET, COOROY
         That Council note the report by the Development Planner to the Planning & Environment
         Committee Meeting of 12 July 2020 regarding RAL22/0001 for a Development Permit for
         Reconfiguring a Lot (1 Lot into 2 Lots) situated at 9 Maple Street Cooroy and:
         A.    Approve the application in accordance with the following conditions:
         PLANNING
         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 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
          21-5373AB     -      Plan of Proposed Reconfiguration of Lot 3 on           12 January
                               SP327330 prepared by Max Watterson + Associates        2022
         3.    All lot numbering on the subdivision plan to be submitted to Council for compliance
               assessment must remain as shown on the Approved Plans.
         Currency Period
         4.    This development approval lapses if the requirements of the conditions have not
               been completed and an application for plan seal is not lodged with Council by 21
               July 2026, unless an application to extend the currency period is approved by
               Council.



                                                                                      Page 5 of 30

Section 6

ORDINARY MEETING AGENDA                                                               21 JULY 2022


        Road Closure
        5.    An application is to be made to the Department of Natural Resources, Mines and
              Energy (DNRME) to permanently close the section of road reserve along the Maple
              Street frontage of proposed Lot 31.
              If the application is approved, or approved in part, the area of road reserve is to be
              amalgamated with adjoining lot(s) and no additional lots created. If the application
              to close the road is refused, a copy of the advice from the DNRME stating that fact
              must be submitted to Council prior to the signing of the Plan of Subdivision.
        Boundary Encroachments
        6.    Certification must be submitted to Council from a Licensed Surveyor which certifies
              that:
              a.    the setback/s to any new boundaries for any existing buildings remaining on
                    the site comply with the relevant provisions of the planning scheme and the
                    Building Act 1975, unless varied by this Decision Notice.
              b.    all constructed access and roadworks (including associated fill batters and
                    retaining walls) are fully contained within a dedicated reserve or registered
                    easement.
              c.    all utility services and connections (e.g. electricity, telecommunications,
                    water, sewerage) are wholly located within the lot they serve or alternatively
                    included within an easement.
              d.    all existing effluent disposal areas are wholly located within the lot they serve
                    and comply with the boundary setback requirements of the Plumbing and
                    Drainage Act 2002 and associated codes and requirements.
              e.    all dams (including ponded water, dam walls and associated spillway
                    structures) are wholly located within the boundaries of a single lot.
              f.    all retaining walls and structures are fully contained within the lot they retain.
              g.    any fill, including fill batters, are wholly contained within the subject site and
                    not on adjacent properties.
              h.    for the community title scheme, the road pavement changes required by this
                    Decision Notice accurately demarcate the boundaries of the public and
                    private land.
        Water & Sewer Connections
        7.    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).
              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.
        Stormwater Drainage
        8.    Stormwater runoff from the development must be disposed of on-site without
              causing scour or damage to the subject site or any adjoining property.
        Services
        9.    Reticulated electricity and telecommunication services must be provided to each
              lot in accordance with the standards and requirements of the relevant service
              provider.
        10.   Unless otherwise stipulated by telecommunications legislation at the time of
              construction, the development must be provided with all necessary conduits, pits

                                                                                       Page 6 of 30

Section 7

ORDINARY MEETING AGENDA                                                                    21 JULY 2022


              and pipes to accommodate the future connection of optic fibre technology
              telecommunications.
        11.   Certification must be submitted to Council from all relevant service providers
              (Energex, NBN and Unitywater) which certifies that the development has met the
              requirements of this Decision Notice and all applicable legislation at the time of
              construction.
        Easements
        12.   Existing easement Emt A on RP87371 (Easement for Access within Lot 3 on
              SP327330 to benefit Lot 1 on RP87371 – RP87371 is now contained within Lot 5
              on SP213104) is no longer relevant for its intended purpose, and must be
              extinguished prior to sealing of the survey plan.
        13.   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.
        14.   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.
        15.   All works must be kept clear of any existing or proposed easements on the subject
              land, unless agreed otherwise in writing by the Grantee.
        Damage to Services and Assets
        16.   Any damage caused to existing services and assets as a result of the development
              works must be repaired at no cost to the asset owner at the following times:
              a.     where the damage would cause a hazard to pedestrian or vehicle safety,
                     immediately; or
              b.     where otherwise, upon completion of the works associated with the
                     development.
              Any repair work which proposes to alter the alignment or level of existing services
              and assets must first be referred to the relevant service authority for approval.
        B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


    2   MCU21/0228 & OPW21/0364 – CHANGE REPRESENTATIONS TO A
        DEVELOPMENT APPROVAL FOR MULTIPLE DWELLING AND OFFICE, AND
        ROADWORK, DRAINAGE WORK, LANDSCAPING, STORMWATER, EARTHWORKS
        - 245 DAVID LOW WAY PEREGIAN BEACH QLD 4573
        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 Group listed as Item 2. 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. 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.
        That Planning & Environment Committee Agenda Item 2 be referred to the General
        Committee for further consideration.


                                                                                            Page 7 of 30

Section 8

ORDINARY MEETING AGENDA                                                              21 JULY 2022


    3   MCU19/0017.02 & RAL19/0004.02 – MINOR CHANGE TO DEVELOPMENT
        APPROVAL FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, COMMERCIAL
        BUSINESS - TYPE 2 MEDICAL & ANCILLARY DWELLING UNIT &
        RECONFIGURATION OF A LOT – ACCESS EASEMENT AT 36 - 40 HOFMANN
        DRIVE, NOOSAVILLE
        That Planning & Environment Committee Agenda Item 3 be referred to the General
        Committee for further consideration.

    4   FURTHER REPORT - MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF
        USE – MULTIPLE DWELLINGS (10 X DWELLING UNITS) AT 25 AND 27 TOOLAR
        STREET, TEWANTIN
        That Council note the Further Report by the Coordinator Planning to the Planning and
        Environment Committee Meeting dated 12 July 2022 regarding Application No.
        MCU21/0083 for a Development Permit for a Material Change of Use – Multiple dwellings
        (10 dwelling units) situated at 25 and 27 Toolar Street Tewantin 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. In this regard, the
             Approved Plans must be amended to incorporate the amendments listed within
             this Decision Notice and resubmitted to Council prior to the issue of any
             Development Permit for Operational Works
         Plan No.        Rev.   Plan/Document Name                                   Date
         TP-0001-M       H      Site Plan and Site Cover, prepared by Robin          07.06.2022
                                Spencer Architecture
         TP-0001-B       B      Site Vehicular Manouvring, prepared by Robin         07.06.2022
                                Spencer Architecture
         TP-0003-D              Site Landscaping Calculation Plan, prepared by       07.06.2022
                                Robin Spencer Architecture
         TP-2010-L       J      Proposed Townhouses Ground Floor Plan,               07.06.2022
                                prepared by Robin Spencer Architecture
         TP-2011-K       I      Proposed Townhouses First Floor Plan, prepared       07.06.2022
                                by Robin Spencer Architecture
         TP-2012-H       E      Proposed Townhouses Typical Unit Plans,              07.06.2022
                                prepared by Robin Spencer Architecture
         TP-7010-I       G      External Elevations All Elevations, prepared by      07.06.2022
                                Robin Spencer Architecture
         TP-7020-C       B      General Sections, prepared by Robin Spencer          07.06.2022
                                Architecture
         Page 2 of 6     4      Landscape and surface treatments plan, prepared      10.06.2022
                                by inSite EMLA
         Page 3 of 6     4      Landscape planting plan 1 of 3, prepared by inSite   10.06.2022
                                EMLA

                                                                                      Page 8 of 30

Section 9

ORDINARY MEETING AGENDA                                                                  21 JULY 2022


         Plan No.            Rev.   Plan/Document Name                                   Date
         Page 4 of 6         4      Landscape planting plan 2 of 3, prepared by inSite   10.06.2022
                                    EMLA
         Page 5 of 6         4      Landscape planting plan 3 of 3, prepared by inSite   10.06.2022
                                    EMLA
         Page 6 of 6         4      Plant palette, prepared by inSite EMLA               10.06.2022
         000-F               F      Cover Sheet, (specifically colours and materials)    01.10.2021
                                    prepared by Robin Spencer Architecture

        Nature and Extent of Approved Use
        3.    The use must include a minimum of 8 small dwelling units as defined by the Noosa
              Plan 2020.
        Currency Period
        4.    This development approval lapses if the use has not happened by 21 July 2027,
              unless an application to extend the currency period is approved by Council.
        Built Form and Development Appearance
        5.    The maximum height of the development must not exceed 8 metres above the
              natural ground and finished levels.
        6.    Certification must be submitted to Council from a Licensed Surveyor which certifies
              that the buildings do not exceed the maximum height requirement of this Decision
              Notice.
        7.    All air conditioning units or other mechanical equipment must be fully enclosed or
              screened such that they are not visible from the street frontages nor adjoining
              properties.
        8.    All deck and balcony areas above ground floor must not be enclosed by permanent
              fixtures such as shutters, louvres, glass panelling or the like, except where required
              to satisfy any privacy condition of this Decision Notice.
        9.    The development must incorporate the colour scheme and mix of materials as
              outlined in the approved colour palette and approved plans.
        Performance Bond
        10.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
              must be submitted to Council, to secure performance of all conditions of this
              approval, prior to pre-start meeting. 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.
        Protection of Privacy
        11.   Where windows, balconies, terraces, verandahs or decks overlook or have the
              potential to overlook the private open space of nearby properties or view into
              habitable room windows within 10 metres:
              a.       windows have a sill height of not less than 1.7 metres above finished floor
                       level;
              b.       windows and other openings are permanently screened to a minimum height
                       of 1.7 metres to avoid overlooking;
              c.       windows and doors use translucent glazing to obscure views; or
              d.       windows or balconies are offset by 45 degrees or more.



                                                                                          Page 9 of 30

Section 10

ORDINARY MEETING AGENDA                                                            21 JULY 2022


        12.   To ensure the privacy of the adjoining properties to the north is protected, the
              northern elevation of the upper-level decks to Units 9 and 10 must be screened to
              a height of 1.7 metres or treated in such a way to obscure direct views into the
              habitable room windows or private open space areas of the adjoining property.
        Street Identification
        13.   The street address of the development must be clearly visible and discernible from
              the primary frontage of the site by the provision of a street number and, where
              appropriate, the building name.
        Water & Sewer Connections
        14.   An underground connection to reticulated water and sewerage must be provided
              to the development site in accordance with the standards and requirements of
              Northern SEQ Distributor–Retailer Authority (Unitywater).
        15.   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 the development site.
        Fencing and Walls
        16.   Fencing to adjoining residential uses must be provided in accordance with the
              approved plans.
        17.   Street fencing must be provided generally as shown on the approved plans.
        18.   The area of land between the fence and the front property boundary must be
              densely landscaped to screen any fencing from the street. A mix of understorey
              and taller species must be included.
        Clothes Drying Areas
        19.   Each dwelling unit must be provided with access to an outdoor clothes line which
              is screened from public view.
        Community Management Statement
        20.   Any proposed Community Management Statement required for the development
              pursuant to the Body Corporate and Community Management Act 1997 must be
              submitted to Council for endorsement at the same time as submission of the
              Building Format Plan (or similar) to Council for compliance assessment.
        21.   All clauses and by-laws of the proposed Community Management Statement must
              accord with the requirements of this Decision Notice and, in particular, must include
              the following additional clauses:
              a.    The site includes a stormwater management and water quality treatment
                    system.
              b.    The stormwater management and water quality treatment system must be
                    maintained in accordance with the Water by Design (2009) Maintaining
                    Vegetated Stormwater Assets (Version 1).
              c.    The full cost of maintaining the system in accordance with the Water by
                    Design (2009) Maintaining Vegetated Stormwater Assets (Version 1) must
                    be included in the proposed levies for each dwelling owner/body corporate.
        Land Amalgamation
        22.   All properties that are subject to the development must be amalgamated into a
              single lot prior to endorsement of the first survey plan (plan seal) for the
              development and evidence of such amalgamation must be submitted to Council.



                                                                                   Page 10 of 30

Section 11

ORDINARY MEETING AGENDA                                                           21 JULY 2022


        External Works
        23.   Toolar Street must be upgraded for the length of its frontage to the subject site.
              The works must be undertaken in accordance with an Operational Works approval
              and must include in particular:
              a.   construction of a pedestrian footpath in accordance with the conditions of this
                   Decision Notice;
              b.   removal of the existing property accesses and reinstatement of the kerb,
                   footpath and verge area to match the balance of the site frontage, including
                   the provision of topsoil and turf where the existing verge is grassed.
              Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non-
              trunk infrastructure.
        Site Access and Driveways
        24.   A sealed access driveway must be provided from Toolar Street 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.   a driveway crossover generally in accordance with Council’s Standard
                   drawing RS-051 and any associated addendum.
              b.   a driveway generally in accordance with the approved plans.
              c.   suitable safety measures, including warning signage, to improve driver
                   awareness of pedestrians and enhance pedestrian safety.
        Car Parking
        25.   A minimum of 15 car parking spaces must be provided and marked on the site and
              made available and accessible at all times. The works must be undertaken in
              accordance with an Operational Works approval and must include in particular:
              a.   3 visitor parking spaces within the total, which are clearly marked for that
                   purpose and accessible at all times for visitor use;
              b.   dimensions, crossfalls and gradients in accordance with Australian Standard
                   AS/NZS2890.1:2004 - Parking Facilities;
              c.   The additional visitor car space must be provided adjacent to one of the
                   proposed visitor spaces.
        26.   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.
        27.   Directional signage must be provided to direct visitors to the car parking spaces
              provided on site.
        Pedestrian and Bicycle Facilities
        28.   Pedestrian and bicycle facilities must be provided for the development. The works
              must be undertaken in accordance with an Operational Works approval and must
              include in particular:
              a.   a 2.0 metre wide footpath within the road verge for the entire length of the
                   site’s frontage to Toolar Street together with transitions to the existing
                   pathway on either side of the site
              Condition 28 is imposed pursuant to s145 of the Planning Act 2016 being non-
              trunk infrastructure.
        Stormwater Drainage
        29.   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

                                                                                  Page 11 of 30

Section 12

ORDINARY MEETING AGENDA                                                              21 JULY 2022


              Operational Works approval and the Queensland Urban Drainage Manual, and
              must include in particular:
              a.   7kL of storage for roofwater capture and reuse. The storage tank is to receive
                   only roofwater runoff and is to be provided with a solid lid to prevent the inflow
                   of surface runoff. A backflow prevention device is to be fitted to restrict the
                   backflow of water in the detention tank into the roofwater storage;
              b.   Captured roofwater is to be plumbed to communal non-potable fixtures,
                   including bin washdown and landscape irrigation;
              c.   Stormwater pits receiving surface runoff are to be provided with litter-
                   baskets; and
              d.   An underground detention tank is to be provided within the site to ensure site
                   discharges achieve non-worsening for the range of durations relevant to the
                   downstream drainage network.
        30.   In conjunction with the development application for Operational Works, revised
              detention tank design calculations and documentation is to be provided which
              identifies all assumptions and the methodology applied in deriving the tank design,
              and which is based on the recommendations of Australian Rainfall and Runoff
              2019 and QUDM 2017. Ensemble temporal patterns are to be utilised for the
              analysis as well as the current rainfall intensities recommended by Bureau of
              Meteorology. The detention tank is to achieve non-worsening for the range of
              durations and recurrence intervals relevant to the downstream drainage network.
              Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-
              trunk infrastructure.
        Services
        31.   Reticulated electricity and telecommunication services must be provided to the
              development in accordance with the standards and requirements of the relevant
              service provider.
        32.   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.
        33.   Certification must be submitted to Council from all relevant service providers
              (Energex, NBN and Unitywater) which certifies that the development has met the
              requirements of this Decision Notice and all applicable legislation at the time of
              construction.
        Easements
        34.   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.
        35.   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.
        36.   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



                                                                                     Page 12 of 30

Section 13

ORDINARY MEETING AGENDA                                                              21 JULY 2022


        37.   All earthworks and associated retaining structures/batters must be undertaken in
              accordance with an Operational Works approval, and contained entirely within the
              subject site unless written permission from the respective landowner(s) is provided
              to Council.
        38.   All retaining walls must be designed and constructed in accordance with the
              planning scheme and must be certified by an RPEQ where exceeding 1.0m in
              height. All retaining walls that are publicly accessible and exceed 1.0m in height
              must be fitted with a commercial grade safety fence.
        Damage to Services and Assets
        39.   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.
        LANDSCAPING
        40.   The site must be landscape in accordance with Planning Scheme Policy PSP2 –
              Landscaping and generally in accordance with the approved landscape plans
              prepared by inSite EMLA dated 10 June 2022. The works must be undertaken in
              accordance with an operational works approval.
        41.   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.
        WASTE DISPOSAL
        42.   Prior to the issue of any Operational Works approvals the Operational Waste
              Management Plan must be amended to reflect that all waste collection will be
              undertaken by Council’s contractor via rear lift trucks with the trucks collecting 1100
              litre bins.
        43.   The developer must provide waste storage and disposal facilities in accordance
              with Planning Scheme Policy 9 - Waste Management. The facilities must include
              an impervious area, within the site, correctly sized for all refuse and recycling
              containers and suitably screened from public places and neighbouring properties.
              A bin wash area is required with a cold-water tap, hose and drain outlet connected
              to sewer, via a bucket trap. The drain outlet must be designed to prevent storm
              water entry to the sewerage system.
        44.   Refuse containers must be provided in accordance with the requirements of the
              Environmental Protection (Interim Waste) Regulation 1996 and (Waste
              Management) Regulation 2000, for the storage and collection of refuse.
        45.   Storage, disposal and management of solid, liquid and vegetative waste is
              conducted in a safe and ecologically sustainable manner without environmental
              nuisance. In this regard, vegetated waste must be disposed of via a green waste
              bin or at a local transfer station.
        B.    Note the report is provided in accordance with Section 63(5) of the Planning Act
              2016.



                                                                                     Page 13 of 30

Section 14

ORDINARY MEETING AGENDA                                                             21 JULY 2022


    5    MCU21/0212 APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
         DWELLING HOUSE AT 66 SEAVIEW TERRACE, SUNSHINE BEACH
         That Planning & Environment Committee Agenda Item 5 be referred to the General
         Committee due to the significance of the issue.



    6    DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JULY
         2021 TO 30 JUNE 2022
         That Council note the report by the Manger Development Assessment to Planning &
         Environment Committee Meeting dated 12 July 2022 regarding waiver or partial waiver
         of development application fees for 1 July 2021 to 30 June 2022 as detailed in the Report.



    7    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MAY 2022
         That Council note the report by the Manager, Development Assessment to the Planning
         & Environment Committee Meeting dated 12 July 2022 regarding planning applications
         that have been decided by delegated authority.




    Committee Recommendation
    That the report of the Planning & Environment Committee dated 12 July 2022 be received and
    the recommendations therein be adopted except where dealt with by separate resolution




                                                                                    Page 14 of 30

Section 15

ORDINARY MEETING AGENDA                                                             21 JULY 2022


3   SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 JULY 2022


    ATTENDANCE & APOLOGIES
    COUNCILLORS
    Cr Joe Jurisevic (Chair)
    Cr Amelia Lorentson
    Cr Frank Wilkie

    EXECUTIVE
    S Waters, Chief Executive Officer
    L Sengstock, Director Infrastructure Services
    K Contini, Director Community Services

    APOLOGIES
    Cr Clare Stewart

    COMMITTEE RECOMMENDATIONS TO COUNCIL

    1    CONTRACT NO. T000063 – DESIGN AND CONSTRUCT OF PEREGIAN BEACH
         DIGITAL HUB BUILDING EXPANSION
         That Council note the report by the Special Projects Coordinator to the Services &
         Organisation Committee Meeting dated 12 July 2022 and award Contract No. T000063
         Design and Construct of Peregian Beach Digital Hub Building Expansion to Carfax
         Commercial Constructions Pty Ltd for the lump sum price of $1,936,720.93 (excl. GST).


    2    SHIRE RESEAL PROGRAM -T000065 – TENDER ACCEPTANCE
         That Council note the report by the Civil Works Maintenance Coordinator to the
         Services and Organisation Committee Meeting dated 12 July 2022 and:
         A.    Award tender Shire Reseal Program - T000065 to the following contractors:
               i.      Portion A – Asphalt Resurfacing, Rehabilitation & Construction Program: to
                       Allroad Surfaces Pty Ltd
               ii.     Portion B – Bitumen Sealing: to RPQ Pty Ltd
         B.    Award the Contract for an initial term of up to three (3) years, with an option to
               extend for two (2) further periods of up to twelve (12) months each. The option to
               extend will be at Council’s own discretion and subject to the Contractor’s ability to
               meet the requirements under the Contract.


    3    GOVERNANCE FRAMEWORK
         That Council note the report by the Governance Manager to the Services & Organisation
         Committee Meeting dated 12 July 2022 and:
         A.         Adopt the Governance Framework.
         B.         Authorise the Chief Executive Officer (CEO), if required, to make any minor
                    amendments to the document prior to publication.




                                                                                    Page 15 of 30

Section 16

ORDINARY MEETING AGENDA                                                             21 JULY 2022


    4    COMMUNITY TENURE RENEWALS
         That Council note the report by the Property Officer to the Services & Organisation
         Committee Meeting dated 12 July 2022; and

         A.    Authorise the Chief Executive Officer to enter into tenure renewal negotiations with
               community organisations noted in Attachment 1, in accordance with the
               Community Purpose Land and Infrastructure Tenure Policy; and

         B.    Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii)
               of the Local Government Regulation 2012 for disposal of a non-current asset other
               than by tender or auction if the valuable non-current asset is disposed of to a
               community organisation.



    5    APPOINTMENT OF 2023 SHOW HOLIDAY
         That Council note the report by the Chief Executive Officer to the Services &
         Organisation Committee Meeting dated 12 July 2022 and request the Chief Executive
         Officer to apply to the Office of Industrial Relations for the appointment of Friday, 8
         September 2023 as a special holiday for Noosa Shire.



    6.   MOBILE LIBRARY REPLACEMENT PLAN UPDATE
         That Council note the report by the Branch Libraries Team Leader to the Services &
         Organisation Committee Meeting dated 12 July 2022 on the update of the Mobile Library
         replacement Project Plan.




    Committee Recommendation
    That the report of the Services & Organisation Committee dated 12 July 2022 be received and
    the recommendations therein be adopted except where dealt with by separate resolution




                                                                                    Page 16 of 30

Section 17

ORDINARY MEETING AGENDA                                                                            21 JULY 2022


4   GENERAL COMMITTEE MEETING REPORT – 18 JULY 2022

    ATTENDANCE & APOLOGIES
    Cr Frank Wilkie (Chair)
    Cr Karen Finzel
    Cr Joe Jurisevic
    Cr Amelia Lorentson
    Cr Clare Stewart
    Cr Brian Stockwell
    Cr Tom Wegener

    EXECUTIVE
    S Waters, Chief Executive Officer
    K Rawlings, Director Environment and Sustainable Development
    L Jensen Acting Director Environment and Sustainable Development

    APOLOGIES
    Nil.


    COMMITTEE RECOMMENDATIONS TO COUNCIL

    1      MCU21/0228 & OPW21/0364 – CHANGE REPRESENTATIONS TO A
           DEVELOPMENT APPROVAL FOR MULTIPLE DWELLING AND OFFICE, AND
           ROADWORK, DRAINAGE WORK, LANDSCAPING, STORMWATER, EARTHWORKS
           - 245 DAVID LOW WAY PEREGIAN BEACH QLD 4573
           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 Group. 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 Group. I have known Leigh McCready, who is associated
           with the applicant, in a volunteer capacity and who was involved with my 2020 election campaign
           with Future Noosa, which is no longer an entity. 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 Group. 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. 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.
           That Council note the report by the Development Planner to the Planning & Environment
           Committee Meeting dated 12 July 2022, regarding representations made in relation to
           Application No. MCU21/0228 & OPW21/0364 for a Development Permit for a Material

                                                                                                   Page 17 of 30

Section 18

ORDINARY MEETING AGENDA                                                           21 JULY 2022


        Change of Use - Multiple dwelling, Office, and Operational Works (Roadwork, Drainage
        Work, Landscaping, Stormwater, Earthworks), situated at 245 David Low Way Peregian
        Beach, described as Lot 22 P9315, and:
        A.    Approve to amend conditions 1, 2.2, 5, 15, 16, 24, 46, 56, 79 of the Preliminary
              Approval, to read as follows:
        PLANNING
        When Conditions must be Complied With
        1.    Development undertaken in accordance with this approval must generally comply
              with the approved plans of development. The approved plans are numbered 1622-
              DA02 to DA09 prepared by Blackburn and Jackson, dated 11 February 2022,
              1622_L01_01_04 1662_L03_01_04, and 1662_L07_01_01 prepared by Blackburn
              and Jackson, dated 19 May 2022, and adopt the findings of Arborist Tree
              Assessment Report by Arboriculture Contractors Australia Pty Ltd, dated 27 April
              2022. These plans must be amended in accordance with these conditions.
        2.    Amended plans and associated reports must be submitted to Council prior to any
              further development applications being made and must include the following to the
              reasonable satisfaction of the Manager, Development Assessment:
              2.1   One of the three (3) Multiple Dwelling units is to be:
                    i.     accessible by a safe, continuous and step free path of travel from the
                           street entrance of the property or from a car parking space;
                    ii.    has a step-free entrance door with opening width of at least 820
                           millimetres; and
                    iii.   contains a bathroom on the entry level.
              2.2 The front boundary setback when measured from the outermost projection of
                   the vertical screen along the façade of Unit 1 is to be setback at least 5.4
                   metres from the front property boundary.
        Currency Period
        5.    The development approval lapses if the use has not happened by 21 July 2028,
              unless an application to extend the currency period is approved by Council.
        Fencing and Walls
        15.   Any street fencing must be set back an average of at least 1 metre from the front
              property boundary. Any fencing on the front boundary must not exceed a maximum
              height of 1.8m.
        16.   The area of land between the fence and the front property boundary must be
              densely landscaped to obscure any fencing from the street.
        Landscaping Works
        24.   The existing vegetation in the road reserve is to be retained and managed as per
              the findings and recommendations of the Arborist Report prepared by Arboriculture
              Contractors Australia Pty Ltd, dated 27 April 2022. A qualified person* must be
              present if works are occurring within the Tree Protection Zone.
              Should one of the mature trees are to be removed, reasonable grounds must be
              given by the qualified person*, and substituted with additional Baeckea virgata or
              Banksia integrifolia with a minimum pot size of 100L or greater.
        OPERATIONAL WORKS
        Approved Plans
        When conditions must be complied with

                                                                                  Page 18 of 30

Section 19

ORDINARY MEETING AGENDA                                                              21 JULY 2022


        46.   Development undertaken in accordance with this Preliminary 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, where
              there is conflict between the approved plans and conditions of approval, the
              condition prevails.
          Plan No.           Rev.   Plan/Document Name                            Date
          188-002-002-B      B      General Notes prepared by Bax                 7 February 2022
                                    Engineering
          188- 002-100       B      Site Layout Plan prepared by Bax              7 February 2022
                                    Engineering
          188-002-200        B      Earthworks Layout Plan prepared by Bax        7 February 2022
                                    Engineering
          188-002-201        B      Earthworks Sections prepared by Bax           7 February 2022
                                    Engineering
          188-002-300        B      Grading & Drainage Layout Plan (as            7 February 2022
                                    annotated by Council) prepared by Bax
                                    Engineering
          188-002-301        B      Pavement Layout Plan prepared by Bax          7 February 2022
                                    Engineering
          188-002-302        B      Sign & Line Marking Layout Plan prepared      7 February 2022
                                    by Bax Engineering
          188-002-401        B      Drainage Longitudinal Section prepared by     7 February 2022
                                    Bax Engineering
          -                  -      Arborist Tree Assessment Report by            27 April 2022
                                    Arboriculture Contractors Australia Pty Ltd
          1622_L01-01_04     4      Landscape Notes & Schedules prepared by       19 May 2022
                                    Blackburne Jackson
          1622_L03-01_04     4      Landscape Planting Plans prepared by          19 May 2022
                                    Blackburne Jackson
          1622_L07-01_04     1      Landscape Details prepared by Blackburne      19 May 2022
                                    Jackson

        During Construction
        Engineering
        56.   All works must be constructed and work procedure undertaken in accordance with:
              a.     The approved plans/documents and conditions detailed in this Decision
                     Notice
              b.     All relevant Noosa Council Planning Scheme Policies, standard drawings,
                     standard specifications and guidelines
              c.     The latest version of the Healthy Waterways document “Water Sensitive
                     Urban Design Technical Design Guidelines for South East Queensland” for
                     all water quality devices to be constructed on site
        FOLLOWING CONSTRUCTION / PRIOR TO THE COMMENCEMENT OF THE USE
        As Constructed Plans and ADAC XML Files (Council)
        79.   Prior to acceptance of civil works to become Council assets “On Maintenance”,
              satisfactory “As-Constructed” records must be submitted to Council. The bundle of
              “As Constructed” information shall include:
              a.     As-Constructed Engineering Drawings. Data is to be submitted in an
                     electronic drawing file format (.dwg), with all plans clearly endorsed “As-
                                                                                     Page 19 of 30

Section 20

ORDINARY MEETING AGENDA                                                             21 JULY 2022


                   Constructed”, along with the accompanying hardcopies (PDFs of the As-
                   Constructed .dwg drawing files), and;
             b.    ADAC XML Digital File. ADAC File format (ADAC - Asset Design As
                   Constructed) prepared in accordance with industry standards and recorded
                   in “MGA - UTM56 / GDA94” projection.
                   Please Note: Further information and advice relating to the as-constructed
                   drawing presentation, as-constructed survey capture and associated
                   guidelines for preparation of a compliant ADAC XML digital file are available
                   on the webpage titled “As Constructed Guidelines” and accessible at the
                   Noosa Council Website: Planning & Development / Development Tools &
                   Guidelines / As-Constructed Guidelines.
             c.    The “As-Constructed” drawings will require certification by a:
                   i.    Qualified experienced Civil Engineer (RPEQ) confirming design intent
                         and conformance with applicable standards and specifications, along
                         with the relevant descriptions of assets, services and structures and;
                   ii.   Licensed Surveyor in regard to the cadastral and locational
                         information, levels and applicable survey datum.
             d.    The data must be in accordance with Council’s “Planning Scheme Policy 6 –
                   Engineering Design Standards”, and fully detail the levels for all engineering
                   works including but not limited to the drainage network and structures,
                   finished ground and pavement surface levels.
        B.   Delete conditions 22, 23, 25, 26, 27, 47.
        C.   Refuse to issue a Development Permit for Material Change of Use and the changes
             requested in regard to conditions 2.1 and 5 for the following reasons:
             Condition 2.1 is consistent with AO9 and PO9 of the Dual Occupancy and Multiple
             Dwelling Use Code of the Noosa Plan 2020.
             1.    The proposed development does not provide access for the section of
                   community which have limited mobility, excluding the ability for persons of
                   limited mobility to reside or visit any of the units.
             2.    The Planning Act 2016 allows Council as the assessment manager to
                   condition the currency period for the application in a development approval
                   and the condition clearly articulates when the approval lapses.
        D.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.



    2   MCU19/0017.02 & RAL19/0004.02 – MINOR CHANGE TO DEVELOPMENT
        APPROVAL FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, COMMERCIAL
        BUSINESS - TYPE 2 MEDICAL & ANCILLARY DWELLING UNIT &
        RECONFIGURATION OF A LOT – ACCESS EASEMENT AT 36 - 40 HOFMANN
        DRIVE, NOOSAVILLE
        That Council note the report by the Development Planner to the Planning & Environment
        Committee Meeting dated 12 July 2022 regarding Application No. MCU19/0017.02 &
        RAL19/0004.02 to make a minor change to an existing approval for Material Change of
        Use - Ancillary Dwelling Unit, Commercial Business - Type 1 Office, Commercial
        Business - Type 2 Medical and Reconfiguration of a Lot – Access Easement situated at
        36-40 Hofmann Dr Noosaville and:
        A.   Refuse the request for increased height and design for the following reasons:

                                                                                    Page 20 of 30

Section 21

ORDINARY MEETING AGENDA                                                          21 JULY 2022


             1.    The increased height does not comply with Acceptable outcome AO16.1 (b)
                   (iii) of the Major Centre Zone code and Performance Outcome PO16 a), b)
                   & c) of the Major Centre Zone code in Noosa Plan 2020 and Probable
                   solution S8.1 d) and Specific outcomes a), c) & d) the Noosaville Locality
                   Code in Noosa Plan 2006, as it will dominate the site, skyline and
                   surrounding area and is not in keeping with the character of the area.
             2.    Changes to the width of balconies and roof overhangs and additional
                   rendering to the front façade reduces the architectural appeal of the building
                   from that previously approved.
        B.   Advise the applicant the following changes are considered generally in accordance
             with the approval:
             1.    Changes to the front entry, as shown on Elevations (East only) Plan no DA-
                   30.10, Rev 21 and dated 16.05.2022 and Perspective Renders Plan no. DA-
                   41.01, Rev 13 and dated 16.05.2022;
             2.    Reduced gross floor area as shown on Plan no. DA-00.00 and floor plans;
             3.    Changes to motorcycle parking.
             Amended plans should be lodged with Council showing these changes.
        C.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.




    3   MCU21/0212 APPLICATION FOR A MATERIAL CHANGE OF USE FOR A
        DWELLING HOUSE AT 66 SEAVIEW TERRACE, SUNSHINE BEACH
        That Council note the report by the Coordinator Planning to the Planning & Environment
        Committee Meeting dated 12 July 2022 regarding MCU21/0212 for a Development
        Permit for Material Change of Use - Dwelling house situated at 66 Seaview Terrace,
        Sunshine Beach and note the applicant has stopped the current period pursuant to the
        Planning Act 2016 in order to make some changes to the proposal plans.




    4   CONTRACT NO. T000078 – REGISTER OF PRE-QUALIFIED SUPPLIERS FOR
        PROVISION OF FIRETECH SERVICES
        That Council note the report by the Peregian Digital Hub Director to the General
        Committee Meeting dated 18 July 2022 and
        A.   Award Contract No. T000078 for a Register of Pre-qualified Suppliers for the
             Provision of Firetech Services for a period of twelve (12) months commencing on
             1 August 2022 to the following suppliers:
                  3FB Aerworx Pty Ltd
                  Meshed Pty Ltd
                  Fireball International Pty Ltd t/as EXCI.AI
                  Bredon Kynnie McAtee t/as Image Knowledge (Mayday.ai GmbH)
                  Mirragin RAS Consulting Pty Ltd t/as Mirragin Consulting
                  N5 Sensors, Inc.
                  Ninox Robotics Pty Ltd t/as Ninox Robotics
                  OroraTech GmbH
                  Arvind Satyam (Pano AI)

                                                                                  Page 21 of 30

Section 22

ORDINARY MEETING AGENDA                                                          21 JULY 2022


                  Redeye Apps Pty Ltd t/as RedEye
                  Ripper Corporation Pty Ltd
                  Skybase Limited t/as Skybase
        B.   Subject to satisfactory performance of the suppliers, authorise the CEO (or
             delegate) to approve the option to extend the contract at the expiry of initial term
             for a further four (4) terms of up to twelve (12) months each ending on 31 July
             2027.




    5   DESTINATION MANAGEMENT PROJECT CONTROL GROUP
        That Council note the report by the Manager, Economic Development to the General
        Committee Meeting dated 18 July 2022, and
        A.   Establish Governance around the project that embeds a “Whole of Council”,
             “Whole of Community” approach to the development of the plan;
        B.   Approve the formation of a Destination Management Plan (DMP) Internal and
             External Project Control Group (PCG) that internally meet on a monthly basis and
             jointly on a bi-monthly basis;
        C.   Approve an EOI process commencing 25 July – 8 August to appoint up to 3
             additional community members with relevant community and industry experience
             as well as qualifications and request a report recommending the appointment of
             up to 3 community members be provided to the next General Committee meeting
             on 15 August;
        D.   Request the joint internal and external PCG at its first meeting develop a
             participative approach to the guidance of the plan process;
        BE. Approve the Terms of Reference for the DMP PCG provided at Attachment 1
            except as amended above; and
        CF. Appoint Cr Stewart – Mayor as the Chair, and Councillors Lorentson and Stockwell
            as representatives on the DMP PCG and that Councillor membership on the PCG
            be reviewed on a 6 monthly basis.




    6   APPLICATION OF NATIONAL COMPETITION POLICY REFORM
        That Council note the report by the Manager Financial Services (Acting) to the General
        Committee Meeting dated 18 July 2022 and:
        A.   Continue to apply the Full Cost Pricing reform option to the Waste Management
             business activity for the 2022/23 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 2022/23 financial year in accordance with section 47 of the Local
             Government Act 2009.
        C.   Request the CEO bring a report to Council prior to the commencement of the
             2023/24 budget which looks at the cost implications of including an offset value for
             greenhouse gas emissions from the landfill with the potential to phase in a process
             leading to zero net emissions by 2026.



                                                                                  Page 22 of 30

Section 23

ORDINARY MEETING AGENDA                                                         21 JULY 2022



    7    FINANCIAL PERFORMANCE REPORT – JUNE 2022
         That Council note the report by the Financial Services Manager (Acting) to the General
         Committee Meeting dated 18 July 2022 outlining the interim 2021/22 full year financial
         performance against budget, including key financial sustainability indicators.



    8    APPOINTMENT OF PLANNING & ENVIRONMENT COMMITTEE CHAIR
         That Council note the report by the Chief Executive Officer to the General Committee
         Meeting dated 18 July 2022 and appoint Cr Wegener as the Chairperson for the Planning
         and Environment Committee.



    9    2022 LGAQ ANNUAL CONFERENCE MOTIONS – NOOSA COUNCIL
         That Council note the report by the Chief Executive Officer to the General Committee
         Meeting dated 18 July 2022 and approve the submission of the following motions to the
         Local Government Association of Queensland (LGAQ) Annual Conference 2022 for
         consideration and debate:
         A.   “That the LGAQ calls on the State Government to make changes to the relevant
              legislation being the Local Government Act 2009 and the City of Brisbane Act 2010
              that would enable Local Governments to offer Environmental Upgrade Agreements
              throughout Queensland.”
         B.   “That the LGAQ calls on the State Government to abandon their position that
              prevents Council’s from codifying requirements for energy efficiency, solar power
              and other emissions reduction and adaptation provisions relevant to new
              development in their Planning Schemes.”
         C.   “That the LGAQ calls on the State and Federal government to approve the
              Australian Building Codes Board’s recommended updated energy provisions for
              new homes, at the next Building Ministers Forum.”




    Committee Recommendation
    That the report of the General Committee dated 18 July 2022 be received and the
    recommendations therein be adopted except where dealt with by separate resolution




                                                                                Page 23 of 30

Section 24

ORDINARY MEETING AGENDA                                                                 21 JULY 2022


9.    ORDINARY MEETING REPORTS


5     GALLERY SITE VISITS – TRAVEL COSTS

Author            Director Community Services, Kerri Contini
                  Community Services Department

Index             ECM/ Subject/ 27.95 Councillors Expenses and Reimbursements

Attachments       Nil.

EXECUTIVE SUMMARY
Noosa Council is progressing through the feasibility stages to determine options for a successful and
sustainable future of Noosa Regional Gallery. Council is currently undertaking the Pre-feasibility
Study Stage 2 which includes community consultation and detailed options analysis to either develop
a new gallery on the existing site or design and construct a new gallery on an alternative site.
To assist with the process of deciding upon a sustainable model for a future regional gallery, Council
staff and Councillors will be conducting site visits of two highly regarded contemporary regional
galleries: HOTA (Home of the Arts) on the Gold Coast and the Tweed Regional Gallery & Margaret
Olley Art Centre in Murwillumbah. Due to the length of travel and site visit time, it is proposed to
conduct the site visits over two days with tentative dates set for 16 and 17 August.
The total cost for the site visits will be approximately $1,600 for 8 attendees. It is proposed that the
cost of the site visits be met by the Galleries’ Pre-feasibility Study budget, in line with other study
costs. As these site visits are an integral part of the process to determine the new direction for the
Regional Gallery, it is proposed that the travel costs be funded by Council for Councillors and
employees.

RECOMMENDATION
That Council note the report by the Director Community Services to the Ordinary Meeting dated 21
July 2022 and approve Council funding the reasonable costs of overnight travel for Councillors and
staff attending the site visits of Gold Coast and Tweed regional galleries.

REPORT
The purpose of this report is to seek endorsement for Council to fund the travel costs associated
with site visits of Gold Coast and Tweed regional galleries as part of the Noosa Regional Gallery
Pre-feasibility Study Stage 2.
1.    Background
The Noosa Regional Gallery was established in 1981 and moved to its current location on the lower
level within the Tewantin Noosa Council administration building in 1989. It has been a very
successful and popular gallery, attracting 47,000 visitors per year prior to Covid. The Gallery
however has been experiencing a range of maintenance and operational issues which place the
service at risk.
In 2014, Council completed a Galleries’ Service Review which posed the need for considering the
future of the Gallery service to address a range of growing issues. Since that review Council has
undertaken several studies which confirmed the need for improved facilities and opportunity for
expanded Regional Gallery services.
The 2019 – 2023 Noosa Cultural Plan identified that the Regional Gallery required review and
included a priority action to ‘explore the feasibility of a new signature Regional Gallery which better
reflects contemporary audience expectations, spearheads cultural momentum, exploits cultural

                                                                                        Page 24 of 30

Section 25

ORDINARY MEETING AGENDA                                                                    21 JULY 2022


tourism opportunities and improves participation outcomes’.
In 2021, Council completed the Noosa Regional Gallery Pre-feasibility Study Stage 1. This report
found that the Gallery no longer meets the necessary standards or community expectations of a
contemporary gallery and that it would continue to decline in terms of audience attendance and the
ability to secure high quality exhibitions unless its deficiencies were addressed. This was based on
the comprehensive review of local, state and federal strategic cultural and economic planning
priorities, an audit of Noosa Regional Gallery facility and service strengths and challenges, the local
and regional gallery market, benchmarking with other cultural facilities, research on the value and
benefits of arts and culture, gallery industry and tourism trends and review of previous Noosa
Regional Gallery consultation.
Council has now moved to the Pre-feasibility Study Stage 2 which is formally reviewing the options
to sustain a relevant and purposeful Noosa Regional Gallery into the future: either to develop a new
gallery on the existing site or design and construct a new bespoke gallery on an alternative site.
Stage 2 includes community consultation and detailed options analysis.
2.     Site Visits
In considering the options for the future of the Gallery, Council is considering a range of models in
terms of size, scale, focus and audience. Importantly Council is seeking to develop a new gallery
which is the right fit for Noosa for both local residents and the tourists and is sustainable into the
future. As part of this, Council will need to consider the risks and opportunities that a new gallery
may bring.
To assist with this process, Council staff and Councillors will be conducting site visits of two regional
galleries: HOTA (Home of the Arts) on the Gold Coast and the Tweed Regional Gallery & Margaret
Olley Art Centre in Murwillumbah. These galleries are both high quality contemporary galleries with
very successful track records but they are vastly different in their scale, approach and offering. The
site visits will help us understand the different aspects required for a successful modern galley, the
reasons why the Noosa Gallery is falling behind, the importance of making considered decisions
based on Noosa’s strategic priorities, the need for market differentiation that is aligned to local values
and brand, the realistic operational costs of a new gallery and potential revenue offsets.
Each site visit will incorporate tours of the public exhibition, programming and commercial spaces,
back of house tours to see storage, preparation and office accommodation requirements and
discussions with key gallery staff.
It is likely that the total time required will be at least fourteen and a half hours - each site visit will
take a minimum of three hours, the travel time there and back is approximately seven and half hours
provided there are no delays and at least one hour needs to be allowed for meals and convenience
breaks. Staff have therefore recommended that the site visits be undertaken over two days to allow
for safe travel and adequate time to visit each facility.
The site visits are proposed for Tuesday 16 August and Wednesday 17 August.
Previous Council Consideration
Nil.
Finance
The costs associated with the site visit include vehicle costs, overnight accommodation and meals.
Staff are proposing that apartment accommodation be secured to minimise the cost. It is anticipated
that the total cost will be approximately $1,600 for 8 attendees. It is proposed that the cost of the site
visits be met by the Galleries’ Pre-feasibility Study budget, in line with other study costs.
As these site visits are an integral part of the process to determine the new direction for the Regional
Gallery, it is proposed that the travel costs be funded by Council for Councillors and employees.
Council’s Policy, Councillors’ Expenses Reimbursement And Provision Of Facilities, allows for the
funding of travel expenses for Councillors where it is for Council business and reasonable in the
conduct of their duties.

                                                                                           Page 25 of 30

Section 26

ORDINARY MEETING AGENDA                                                                    21 JULY 2022


Council staff will make the necessary travel arrangements and seek value for money options.
Risks & Opportunities
Council will be making a significant decision regarding the future of the gallery with long-term
implications. While the numerous Gallery studies provide a knowledgeable and thorough framework
to assist with this decision, it is also highly beneficial for key decision makers to physically view and
assess different contemporary galleries and to appreciate the risks and opportunities posed by
different models.
While it is theoretically possible to conduct the site visits in one day, this would require an
unreasonably long day with at least seven and a half hours road travel and potentially longer if there
are roadworks or delays. It is reasonable in this instance to provide overnight accommodation to
ensure the site visits can be thorough and the road travel does not have to be undertaken in one
day.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Director Executive Services

Departments/Sections Consulted:

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

 X     Executive Services         Environment & Sustainable Development       Infrastructure Services
 X     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 26 of 30

Section 27

ORDINARY MEETING AGENDA                                                               21 JULY 2022


6    FURTHER REPORT - 2022 LGAQ CONFERENCE MOTIONS – NOOSA COUNCIL

Author            Chief Executive Officer, Scott Waters
                  CEO’s Office

Index             ECM/ Subject / LGAQ

Attachments       Nil.

EXECUTIVE SUMMARY
The Local Government Queensland Conference is held annually and provides a forum for all
Queensland councils to come together to table and debate contemporary issues of importance to
their local areas and communities, as well as identify issues that are likely to be relevant to other
local councils.
This report is in addition to the report provided to the most recent General Committee, where it is
recommended to Council that 3 motions be put to the Local Government Association of Queensland
(LGAQ) Annual Conference. The two additional motions recommended for consideration in this
report focus upon separate Environmental and Social policy outcomes pertinent to Local
Government. These additional motions proposed to the LGAQ Conference by Noosa Council in this
report will seek support from other Councils to D) Advocate for a cost benefit analysis on the reuse
of recycled water and E) Advocate for a review of state property assets to utilise for short to medium
term housing outcomes including, but not limited to crisis, social and affordable housing.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 21 July
2022 and approve the submission of the following additional motions to the Local Government
Association of Queensland (LGAQ) Annual Conference 2022 for consideration and debate:
D.   “That the LGAQ advocate to the State Government of Queensland to develop a state wide
     cost-benefit analysis for recycled water reuse that values the protection of local ecosystems
     and provides suitable data to assist councils in producing business cases for water re-use.
E.   “That the LGAQ advocate to the State Government of Queensland:
     1.    For a holistic review of all State property assets for their potential for short to medium
           term housing outcomes, including crisis housing, social housing and affordable housing;
           and
     2.    To work with councils to identify new opportunities for State Government of Queensland
           housing investment across Local Government in Queensland.

REPORT
MOTION D - Resource Recovery from Wastewater: regions becoming more resource
independent through efficient use and re-use of wastewater – Cr Amelia Lorentson
“That the LGAQ advocates to the State Government of Queensland to develop a state wide cost-
benefit analysis for recycled water reuse that values the protection of local ecosystems and provides
suitable data to assist councils in producing business cases for water re-use.”
Background
Provided by Cr Lorentson:
Cost and benefits are key tools for decision making. Therefore, we need to understand whether
investing on water reuse is viable looking at environmental and social aspects. Focusing on the
reuse of wastewater for the protection of local ecosystems.
1.   Green spaces – National Parks and recreational parks – recreational, mental and physical

                                                                                       Page 27 of 30

Section 28

ORDINARY MEETING AGENDA                                                                21 JULY 2022


      importance of maintaining ‘green’ open spaces especially during drought periods.
2.    Erosion prevention/fire prevention and maintenance of soil quality especially during drought
      periods.
3.    Complete an exhaustive list for uses of wastewater- firefighting, street cleaning, watering green
      spaces, golf courses.
Emerging issues:
     Urban growth, stormwater, climate change, carbon free 2032 Olympics… as population and
      climate change increases, water as a resource will become more important.
     Need to improve and increase the uses for water… Water is a valuable resource and water
      scarcity and shortages are spreading throughout the world.
     Sustainable water management is important, and it is critical that we conserve and protect
      water resources.
Therefore, a cost/benefit analysis and detailed market analysis of possible use of reused wastewater
is developed by the State Government of Queensland through the LGAQ to assist councils in
producing business cases for water re-use.
The LGAQ Motions template will be completed for submission upon resolution of Noosa Council.
Previous Council Consideration
Nil
Finance
Nil
Risks & Opportunities
Nil risk
Numerous opportunities for water reuse supported by business case analysis should the proposed
motion be delivered upon.
Consultation
External Consultation - Community & Stakeholder
     Eastern Beaches Protection Association
     Community Members
Internal Consultation
     Chief Executive Officer
     Acting Manager Environment

MOTION E – State Government Housing Needs Assessment – Cr Clare Stewart, Mayor
“That the LGAQ advocate to the State Government of Queensland:
1.    For a holistic review of all State property assets for their potential for short to medium term
      housing outcomes, including crisis housing, social housing and affordable housing; and
2.    To work with Councils to identify new opportunities for State Government of Queensland
      housing investment across Local Government in Queensland.”
Background
Noosa Council has recognised the Shire as being gripped by a housing crisis, which is having a
significant social and economic impact on the community. In December 2021, Noosa Council
endorsed a Housing Needs Assessment (HNA), a comprehensive technical report on the context of
housing and households in Noosa Shire. The HNA, as well as other Council strategies and plans,
has informed the drafting of a Housing Strategy for the Shire of Noosa, which has been endorsed by
Council for the purpose of community consultation. The Housing Strategy seeks to set a clear plan
                                                                                       Page 28 of 30

Section 29

ORDINARY MEETING AGENDA                                                                    21 JULY 2022


for housing in Noosa Shire through to 2041 and provides for regular monitoring and review to ensure
our actions and interventions advance us towards meeting the objectives therein, to enable housing
choice, diversity and affordability to meet the current and future needs of the community.
Underpinning the success of the strategy will be the need for strong partnerships with the State
Government, with Community Housing providers, private housing developers and with the Noosa
Community. In essence, the Strategy seeks to ensure there is the right amount of housing of the
right type and size, in the right place and with the right tenure, for our community.
Given the actions undertaken by Noosa Council to address what is now recognised as a State wide
housing crisis, it is recommended for consideration at the LGAQ Conference that this approach is
advocated to the State Government of Queensland on a whole of State basis. The HNA is the first
step to fully understand the demand and adapt short to medium solutions in addressing the ongoing
crisis across Queensland.
The LGAQ Motions template will be completed for submission upon resolution of Noosa
Council.
Previous Council Consideration
Resolution of Council at its Ordinary meeting in December 2021 in relation to the State Government
undertaking a Housing Needs Assessment:

F.     Advocate to the State Government:
       a.     For a holistic review of all State property assets for their potential for short to medium
              term housing outcomes, including crisis housing, social housing and affordable housing;
              and
       b.     To work with Council to identify new opportunities for State housing investment in Noosa
              Shire
Finance
Nil
Risks & Opportunities
Nil
Consultation
External Consultation - Community & Stakeholder
Ongoing
Internal Consultation
Ongoing

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

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



                                                                                           Page 29 of 30

Section 30

ORDINARY MEETING AGENDA                                                           21 JULY 2022


10.   CLOSED SESSION


      Nil.




11.   PUBLIC QUESTION TIME

      Nil.




12.   NEXT MEETING

      The next Ordinary Meeting will be held on 18 August 2022 at the Council Chambers, 9 Pelican
      Street, Tewantin commencing at 5pm.




13.   MEETING CLOSURE




                                                                                  Page 30 of 30

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