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2016-10-20 Ordinary Meeting Agenda
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
17 OCTOBER 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Cr Jackson, Frank Pardon,
Brian Stockwell and Tony Wellington.
Apology: Cr Jurisevic
1 ZERO EMISSIONS NOOSATM - ORGANISATIONAL STRATEGY
Motion
Moved: Cr Jackson
Seconded: Cr Pardon
That Council note the report by the Executive Manager to the Planning & Environment
Committee Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline
greenhouse emissions assessment and
A Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided
at Attachment 1 to the Report with the following changes:
1. Page 2, paragraph 3, of the Strategy to read:
It is in the Council’s and community’s interest to mitigate contribute to global
mitigation of those impacts by reducing Council’s GHG emissions; and
2. Page 6, The last sentence of Item 6.1 of the Strategy, to read:
It is in the Council’s and community’s interest to mitigate contribute to global
mitigation of those impacts by reducing Council’s GHG emissions.
B. Note that work is proceeding on the development of a detailed Action Plan to
implement the Strategy.
Amendment
Moved: Cr Stockwell
Seconded: Cr Wilkie
That the motion be amended to include the following additional items 3 and 4 to Part A:
3. Page 3, paragraph 2, of the Strategy to read:
The principles that underpin the Strategy are:
1. Leadership by Council with the support of the in collaboration with the
community; and
4. Page 4, Item 2.1 of the Strategy, to read:
2.1. Principle 1: Leadership by Council with support of the community
The principle recognises Council's role to provide leadership and set an example of
best practice both for the community and as part of the community response to
excessive global greenhouse gas emissions. It also recognises that Council will share
any knowledge gained through delivery of the Strategy. Although this Strategy is
targeted specifically at Council operations and activities, Council acknowledges its
role in providing leadership, and to work hand in hand with the community in, our
transition towards a zero emissions future.
Lost.
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Pardon
That Council note the report by the Executive Manager to the Planning & Environment
Committee Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline
greenhouse emissions assessment and
A Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided
at Attachment 1 to the Report with the following changes:
1. Page 2, paragraph 3, of the Strategy to read:
It is in the Council’s and community’s interest to mitigate contribute to global
mitigation of those impacts by reducing Council’s GHG emissions; and
2. Page 6, The last sentence of Item 6.1 of the Strategy, to read:
It is in the Council’s and community’s interest to mitigate contribute to global
mitigation of those impacts by reducing Council’s GHG emissions.
B. Note that work is proceeding on the development of a detailed Action Plan to
implement the Strategy.
Carried.
2. MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND
BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
Refer to further report provided at Item 4
3 MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
Motion
Moved: Cr Stockwell
Seconded: Cr Jackson
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 11 October 2016 regarding Application No. MCU16/00 for a
Development Permit for a Material Change of Use for an Undefined Use – Lifestyle and
Garden Centre situated at 37 Gibson Road, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Page 2 of 16
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
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
05.0516.1.1 - Plan of Development prepared by Andrew April 2016
McKellar Design
30.0813.1.2 - First Floor Plan / roof plan prepared by August 2013
Andrew McKellar Design
30.0813.1.2 - Elevations prepared by Andrew McKellar August 2013
Design
Nature and Extent of Approved Use
3. Approved sub-uses within individual tenancies on the site shall be generally in
accordance with the following table of uses:
Pavilion Scheme Definition Specific Use Area
Pavilion 1 Retail Business Limited to the display and sale of garden and 265m2
Type 4 Showroom lifestyle related goods primarily of a bulky nature
including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Design and display of furniture and furnishings
Outdoor related homewares
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a
Type 2 Shop & garden and lifestyle nature including home
Salon products, giftware, clothing, and health and
wellbeing products and may include:
Artisan pantry - specialty food items, fresh food
products, herbs, etc. not exceeding 50m 2
Retail Business The use of premises for the retail sale of landscape
Type 7 Garden & and garden products and supplies and products
Lifestyle Centre made by local artisans. The term includes the sale
of plants, seeds, pots, gardening tools, bagged
landscaping products (such as fertilisers, potting
mix, mulch and stones) outdoor furniture and
lighting, letterboxes, garden ornamentation, art, and
literature on gardening. The premises may also be
used as the sales office for swimming pools or
spas. The use includes an ancillary coffee shop.
Page 3 of 16
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
Entertainment and Café (17m2 of storage and kitchen) with a 17m2
dining business – maximum seating area of 82m 2 82m2
Type 1 food &
beverages
Pavilion 2 Commercial Limited to home/interior and landscaping design 106m2
Business Type 1 and wellbeing services. Examples include:
office Interior/ exterior/landscape design office
Relaxation tanks/Spa
Commercial Limited to natural therapies. Examples include
Business Type 2 Health and Wellbeing products and services
Medical
Alternative therapy clinic
Naturopath/ Osteopath/ massage
Retail Business
Type 7 Garden &
Lifestyle Centre
Pavilion 3 Ground level - Limited to the display and sale of garden and 205m2
205m2 Retail Business lifestyle related goods primarily of a bulky nature
Type 4 showroom including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail Business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products,
Salon giftware, clothing, and health and wellbeing
product. Examples include:
Homewares and outdoor related products
Outdoor cooking/BBQ products
Clothes shop (26m 2) including garden related
items
Pavilion 3 Education Type 3 Examples include: 110m2
Upper Level Adult Cooking classes
Design classes
Lifestyle /wellbeing education
Commercial Limited to natural therapies. Examples include:
Business Type 2 Alternative therapy clinic
Medical
Naturopath/ Osteopath/ massage
Entertainment and Yoga/ Pilates studio ( maximum of 17 persons)
dining business –
Type 2 Recreation,
amusement &
Page 4 of 16
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
fitness
Nursery Retail Business – Nursery and lifestyle centre (minimum area of 1,000m2
Type 7 Garden and 1000m2)
Lifestyle Centre –
minimum 1000m2
4. The nursery use must be retained as the principal use on the site at all times
and have a minimum use area of 1,000m2.
5. The total dining area for the café must not exceed 82m2, being the shaded area
indicated on the approved plan of development.
6. Retail food sales (such as the artisan pantry) within Pavilion 1 must not exceed
an area of 50m2.
7. Medical uses on the site must not exceed 110m2 and no more than 3 medical
practitioners must operate from the site at any time.
8. Yoga/Pilates classes must not be conducted between 10am-3pm11am-2pm.
9. The development must not operate outside the hours of 7am to 7 8pm.
10. Any advertising signage shall have a maximum 4m2 sign face area, and a
combined sign face area projecting to the street of no more than 10m2.
11. All plants and goods are to be displayed on site within the property boundaries.
There is to be no display plants and goods on the streets about the site.
Amenity
12. There is to be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.
Noise
13. External speakers or amplified music are not permitted.
14. Internal amplified music must not be audible at the property boundaries.
15. Refuse disposal, particularly glass bottles and the like, must be considerate of
noise at all times.
16. An acoustic fence must be constructed along the southern property boundary
within 3 months of this approval taking effect. The fence is to be constructed to
a height of 3 metres along the full length of the common boundary with Lot 2
SP120996 and a minimum of 10m length of the eastern portion of the common
boundary with Lot 1 SP120996. Fence materials shall be timber (ship-lapped
palings), fibre-cement, aerated concrete (Hebel) or other material with a
minimum density of 12.5kg/m2 with no gaps.
17. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
17.1. Air-conditioning and Refrigeration:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
Page 5 of 16
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
18. On installation of any new mechanical equipment OR if requested by Council,
written certification must be submitted from a suitably qualified person
confirming noise levels from any mechanical equipment comply when
measured at either the residential boundary or outside the most exposed part of
an affected building, whichever is the closest to the equipment.
19. Service vehicle movements associated with the development (including loading
and unloading) and noise generating activities (such as leaf blowers, gurneys,
waste removal, disposal of bottles, and the like) must not occur outside the
hours of 7am to 6pm.
Spill Light
20. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of
the obtrusive effects of outdoor lighting” using a control level of 1.
21. Certification must be submitted to Council from a suitably qualified person*
within 6 months of this approval taking effect which certifies that all outdoor
lighting devices comply with AS4282-1997 and the requirements of this
Decision Notice. * See advisory note.
Landscaping
22. The site shall be landscaped in accordance with the provisions of The Noosa
Plan.
Carparking
23. A minimum of 39 off street carparking spaces, 4 scooter parking bays and 8
bicycle parking bays as indicated on the approved plan of development. All
vehicles must enter and exit the site in a forward direction.
24. Linemarking must be completed to both the development’s carparks in
accordance with the approved plans.
Refuse
25. 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.
26. An imperviously paved area must be provided to accommodate all refuse and
recycling containers to the reasonable satisfaction of Council’s Environmental
Health Officer. This area is to be aesthetically screened from any road frontage
or adjoining property boundary and is to be set back a distance of two (2)
metres from any road frontage. A suitable hosecock, hoses and approved
drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse
container area for washing containers.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The site has an existing development permit for a retail garden centre and café.
2. The development’s mix of uses is consistent with contemporary garden and
lifestyle centres and is appropriate for the site’s location, being on a collector
road and adjacent Noosaville’s Business Centre zone.
3. The development will not introduce significant negative impacts on adjoining
residents, or the visual and residential amenity of the surrounding area.
Page 6 of 16
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Amendment No. 1
Moved: Cr Pardon
Seconded: Cr Wellington
That Condition 9 be amended to read:
9. The development must not operate outside the hours of 7am to 8pm7pm.
Lost.
Amendment No. 2
Moved: Cr Wellington
Seconded: Cr Glasgow
That Condition 9 be amended to read:
9. The development must not operate outside the hours of 7am to 8pm 7pm Sunday to
Thursday and 7am-8pm Friday and Saturday.
Carried.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jackson
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 11 October 2016 regarding Application No. MCU16/00 for a
Development Permit for a Material Change of Use for an Undefined Use – Lifestyle and
Garden Centre situated at 37 Gibson Road, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development 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
05.0516.1.1 - Plan of Development prepared by Andrew April 2016
McKellar Design
30.0813.1.2 - First Floor Plan / roof plan prepared by August 2013
Andrew McKellar Design
30.0813.1.2 - Elevations prepared by Andrew McKellar August 2013
Design
Page 7 of 16
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Nature and Extent of Approved Use
3. Approved sub-uses within individual tenancies on the site shall be generally in
accordance with the following table of uses:
Pavilion Scheme Definition Specific Use Area
Pavilion 1 Retail Business Limited to the display and sale of garden and 265m2
Type 4 Showroom lifestyle related goods primarily of a bulky nature
including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Design and display of furniture and furnishings
Outdoor related homewares
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail business Limited to the display and sale of goods of a
Type 2 Shop & garden and lifestyle nature including home
Salon products, giftware, clothing, and health and
wellbeing products and may include:
Artisan pantry - specialty food items, fresh food
products, herbs, etc. not exceeding 50m 2
Retail Business The use of premises for the retail sale of landscape
Type 7 Garden & and garden products and supplies and products
Lifestyle Centre made by local artisans. The term includes the sale
of plants, seeds, pots, gardening tools, bagged
landscaping products (such as fertilisers, potting
mix, mulch and stones) outdoor furniture and
lighting, letterboxes, garden ornamentation, art, and
literature on gardening. The premises may also be
used as the sales office for swimming pools or
spas. The use includes an ancillary coffee shop.
Entertainment and Café (17m2 of storage and kitchen) with a 17m2
dining business – maximum seating area of 82m 2 82m2
Type 1 food &
beverages
Pavilion 2 Commercial Limited to home/interior and landscaping design 106m2
Business Type 1 and wellbeing services. Examples include:
office Interior/ exterior/landscape design office
Relaxation tanks/Spa
Commercial Limited to natural therapies. Examples include
Business Type 2 Health and Wellbeing products and services
Medical
Alternative therapy clinic
Naturopath/ Osteopath/ massage
Retail Business
Type 7 Garden &
Page 8 of 16
Section 9
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
Pavilion Scheme Definition Specific Use Area
Lifestyle Centre
Pavilion 3 Ground level - Limited to the display and sale of garden and 205m2
205m2 Retail Business lifestyle related goods primarily of a bulky nature
Type 4 showroom including external shade systems, home products
and furniture. Examples include:
Furniture and furnishings-
indoor/outdoor/alfresco
Outdoor/alfresco cooking equipment/BBQ
Spa and pools
Garden items
Retail Business Limited to the display and sale of goods of a garden
Type 2 Shop & and lifestyle nature including home products,
Salon giftware, clothing, and health and wellbeing
product. Examples include:
Homewares and outdoor related products
Outdoor cooking/BBQ products
Clothes shop (26m 2) including garden related
items
Pavilion 3 Education Type 3 Examples include: 110m2
Upper Level Adult Cooking classes
Design classes
Lifestyle /wellbeing education
Commercial Limited to natural therapies. Examples include:
Business Type 2 Alternative therapy clinic
Medical
Naturopath/ Osteopath/ massage
Entertainment and Yoga/ Pilates studio ( maximum of 17 persons)
dining business –
Type 2 Recreation,
amusement &
fitness
Nursery Retail Business – Nursery and lifestyle centre (minimum area of 1,000m2
Type 7 Garden and 1000m2)
Lifestyle Centre –
minimum 1000m2
4. The nursery use must be retained as the principal use on the site at all times
and have a minimum use area of 1,000m2.
5. The total dining area for the café must not exceed 82m2, being the shaded area
indicated on the approved plan of development.
6. Retail food sales (such as the artisan pantry) within Pavilion 1 must not exceed
an area of 50m2.
Page 9 of 16
Section 10
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
7. Medical uses on the site must not exceed 110m2 and no more than 3 medical
practitioners must operate from the site at any time.
8. Yoga/Pilates classes must not be conducted between 10am-3pm11am-2pm.
9. The development must not operate outside the hours of 7am to 8pm 7pm
Sunday to Thursday and 7am-8pm Friday and Saturday.
10. Any advertising signage shall have a maximum 4m2 sign face area, and a
combined sign face area projecting to the street of no more than 10m2.
11. All plants and goods are to be displayed on site within the property boundaries.
There is to be no display plants and goods on the streets about the site.
Amenity
12. There is to be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.
Noise
13. External speakers or amplified music are not permitted.
14. Internal amplified music must not be audible at the property boundaries.
15. Refuse disposal, particularly glass bottles and the like, must be considerate of
noise at all times.
16. An acoustic fence must be constructed along the southern property boundary
within 3 months of this approval taking effect. The fence is to be constructed to
a height of 3 metres along the full length of the common boundary with Lot 2
SP120996 and a minimum of 10m length of the eastern portion of the common
boundary with Lot 1 SP120996. Fence materials shall be timber (ship-lapped
palings), fibre-cement, aerated concrete (Hebel) or other material with a
minimum density of 12.5kg/m2 with no gaps.
17. Noise emissions from any new mechanical equipment associated with the
development shall comply with the following requirements:
17.1. Air-conditioning and Refrigeration:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
18. On installation of any new mechanical equipment OR if requested by Council,
written certification must be submitted from a suitably qualified person
confirming noise levels from any mechanical equipment comply when
measured at either the residential boundary or outside the most exposed part of
an affected building, whichever is the closest to the equipment.
19. Service vehicle movements associated with the development (including loading
and unloading) and noise generating activities (such as leaf blowers, gurneys,
waste removal, disposal of bottles, and the like) must not occur outside the
hours of 7am to 6pm.
Spill Light
20. Lighting associated with the use must be designed, sited, installed and tested to
comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of
the obtrusive effects of outdoor lighting” using a control level of 1.
Page 10 of 16
Section 11
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
21. Certification must be submitted to Council from a suitably qualified person*
within 6 months of this approval taking effect which certifies that all outdoor
lighting devices comply with AS4282-1997 and the requirements of this
Decision Notice. * See advisory note.
Landscaping
22. The site shall be landscaped in accordance with the provisions of The Noosa
Plan.
Carparking
23. A minimum of 39 off street carparking spaces, 4 scooter parking bays and 8
bicycle parking bays as indicated on the approved plan of development. All
vehicles must enter and exit the site in a forward direction.
24. Linemarking must be completed to both the development’s carparks in
accordance with the approved plans.
Refuse
25. 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.
26. An imperviously paved area must be provided to accommodate all refuse and
recycling containers to the reasonable satisfaction of Council’s Environmental
Health Officer. This area is to be aesthetically screened from any road frontage
or adjoining property boundary and is to be set back a distance of two (2)
metres from any road frontage. A suitable hosecock, hoses and approved
drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse
container area for washing containers.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The site has an existing development permit for a retail garden centre and café.
2. The development’s mix of uses is consistent with contemporary garden and
lifestyle centres and is appropriate for the site’s location, being on a collector
road and adjacent Noosaville’s Business Centre zone.
3. The development will not introduce significant negative impacts on adjoining
residents, or the visual and residential amenity of the surrounding area.
Carried.
Page 11 of 16
Section 12
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
4 FURTHER REPORT - MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD
AND BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council notes the reports by the Development Planner to the Planning and
Environment Committee Meeting dated 11 October 2016 and the General Committee
Meeting dated 17 October 2016 regarding Application No. MCU16/0088 for a Development
Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food &
Beverages (restaurant) situated at 3/287 Gympie Terrace, Noosaville, and approve the
application in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
WD.20 E Proposed Floor plan, prepared by Cab Roto 04/07/16
WD.03 Area Plan, prepared by Cab Roto 11/07/16
Noise
3. The development must be undertaken in accordance with the recommendations of
the Acoustic Assessment dated 3 August 2016 and Additional Information for the
Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this
regard, the acoustic wing walls and acoustic roof panel (if required) must be designed
to complement the existing building and streetscape to the reasonable satisfaction of
the chief executive officer. Prior to the installation of these works the plans must be
submitted to Council demonstrating compliance with this condition. Certification must
be provided by a suitably qualified person on completion of the works, certifying the
works meet the relevant noise criteria.
4. External speakers or amplified music are not permitted.
5. Internal amplified music must be directed internally to the tenancy.
6. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
7. The Noise Management Plan submitted with the application must be amended to
include site specific operational measures to minimise potential noise nuisance for
surrounding residents and a complaints management process. The Noise
Management Plan must incorporate the recommendations of the Acoustic
Assessment dated 3 August 2016 and Additional Information for the Acoustic
Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended
Noise Management Plan must be submitted to Council prior to the commencement of
the use.
Page 12 of 16
Section 13
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
8. Noise emissions from any new mechanical equipment associated with the
development must comply with the following requirements:
a. Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
9. Written certification must be submitted from a suitably qualified person confirming
noise levels from any new mechanical equipment comply when measured at either
the residential boundary or outside the most exposed part of an affected building,
whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the
equipment and in a format approved by Council. All equipment should be operating at
the same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is
involved prior to installation of any equipment so they can recommend where equipment is
best located. They can also advise about noise enclosures and make other suggestions to
avoid noise problems. It is a lot more costly to try and deal with noise problems after
installation.
Nature and Extent of Approved Use
10. The approved use must not operate outside the hours of:
a. 6.30am to 9.30pm Monday Sunday to Thursday
ab. 6.30am to 10.30pm Friday, Saturday and public holidays
bc. The outdoor dining area must not be used after 8pm until the acoustic wing
walls are installed pursuant to the recommendations of the Acoustic
Assessment dated 3 August 2016 and Additional Information dated 10 October
2016 prepared by RoadPro Acoustic.
11. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
not at all on Sundays or public holidays.
12. The use area including outdoor seating must not exceed 67m2 as indicated on the
approved plan.
Protection of Privacy
13. To ensure privacy is protected between adjoining properties, the western acoustical
designed wing wall must be designed to maintain privacy of the neighbouring unit. In
this regard, the wall must be either translucent glazing or a solid portion to obscure
direct views to the western unit.
Outdoor Lighting Devices
14. Light spillage from the development including advertising, security and flood lighting
etc is designed, sited, installed, shaded and appropriately directed so as to prevent a
nuisance to residential areas and vehicular traffic.
Kitchen Exhaust
15. Kitchen exhaust points for the development must be located and operated in
accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
conditioning in buildings” (specifically Section 5.10 – Air Discharges).
Page 13 of 16
Section 14
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
16. Certification must be submitted to council from a qualified person* prior to
commissioning the operation of the mechanical exhaust ventilation system for the
kitchen which certifies that the system complies with AS1668.2-2002 and the
requirements of this Decision Notice.
Refuse
17. 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.
Carried.
5 ADOPTION OF NOOSA PLAN AMENDMENTS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Principal Strategic Planner to the General Committee
dated 17 October 2016 and:
A. Proceed to adopt the Planning Scheme Amendments, as provided at Attachment 1 to
the report, in accordance with the Ministerial conditions; and
B. Authorise changes to Table 10.3 of Council’s Charges Resolution for secondary
dwellings, community residences and intensive cultivation uses, as provided at
Attachment 2 (Amended) to the report.
Carried.
6 COOROY MEMORIAL HALL - UPDATE REPORT
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 life membership of Tewantin Noosa RSL sub branch. Cr
Pardon believed he could consider this item impartially and in the public interest and therefore
remained in the meeting for debate and decision on this matter.
Motion
Moved: Cr Pardon
Seconded: Cr Stockwell
That Council note the report by the Director Community Services to the General Committee
Meeting dated 17 October 2016 and:
A. Agree to accept trusteeship of the Deed of Grant in Trust (DOGIT) for Lot 1 on
Crown Plan C56038 on which sits the Cooroy Memorial Hall (the Hall) and the
Cooroy RSL Services and Citizens Memorial Club;
B. Request the CEO to undertake consultation with the Cooroy community and the
Department of Mines and Natural Resources about possible future uses and
management of the Cooroy Memorial Hall and then report back to Council;
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Section 15
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
C. Have this consultation identify:
1. a clear use or purpose for the land on which the Hall is located;
2. the local community’s ability to contribute to the repair, maintenance and
management of the Hall;
3. potential adaptive re-uses for the Hall;
4. the possibility of replacing the Hall with a memorial or recreational park;
5. the financial implications and risks of each of these options;
6. potential funding options for the chosen course of action.
D. Authorise the CEO to enter into negotiations for a thirty year lease to the Cooroy RSL
Services and Citizens Memorial Club Inc. over part of Lot 1 on Crown Plan C56038 to
enable the Cooroy RSL to continue its current operations.
Amendment
Moved: Cr Jackson
Seconded: Cr Wilkie
That an additional Item E. be added to read as follows:
E. Authorise the CEO at the same time, to take steps to report on pathways to
overcome constraints arising from the DOGIT and the Noosa Plan placed on future
use of the land and the Hall.
Lost.
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Stockwell
That Council note the report by the Director Community Services to the General Committee
Meeting dated 17 October 2016 and:
A. Agree to accept trusteeship of the Deed of Grant in Trust (DOGIT) for Lot 1 on
Crown Plan C56038 on which sits the Cooroy Memorial Hall (the Hall) and the
Cooroy RSL Services and Citizens Memorial Club;
B. Request the CEO to undertake consultation with the Cooroy community and the
Department of Mines and Natural Resources about possible future uses and
management of the Cooroy Memorial Hall and then report back to Council;
C. Have this consultation identify:
1. a clear use or purpose for the land on which the Hall is located;
2. the local community’s ability to contribute to the repair, maintenance and
management of the Hall;
3. potential adaptive re-uses for the Hall;
4. the possibility of replacing the Hall with a memorial or recreational park;
5. the financial implications and risks of each of these options;
6. potential funding options for the chosen course of action.
Page 15 of 16
Section 16
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 OCTOBER 2016
D. Authorise the CEO to enter into negotiations for a thirty year lease to the Cooroy RSL
Services and Citizens Memorial Club Inc. over part of Lot 1 on Crown Plan C56038 to
enable the Cooroy RSL to continue its current operations.
Carried.
Cr Pardon voted in favour of the motion.
7 ELECTRIC BUS TRIAL EXECUTION OF LEASE AGREEMENT
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Project Officer and Project Manager to the General
Committee Meeting dated 17 October 2016 and award Contract 1516T067 Electric Bus
Trial to AHG International Pty Ltd (AHGI) trading as Higer Bus & Coach for the lump sum
amount of $131,200 (including GST).
Carried.
8 FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2016
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jackson
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 October 2016 providing the September YTD monthly financial
performance report for the 2016/17 financial year.
Carried.
9 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2016-17
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Pardon
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 17 October 2016 providing an update on progress with the implementation
of the Operational Plan to 30 September 2016 and details of Council’s Key Performance
Indicators.
Carried.
Page 16 of 16