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2022-03-08 Planning & Environment Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


                 Tuesday, 8 March 2022


                                    9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                           8 MARCH 2022


1.   ATTENDANCE & APOLOGIES


     COUNCILLORS
     Cr Brian Stockwell (Chair)
     Cr Karen Finzel
     Cr Tom Wegener
     Cr Clare Stewart

     Cr Amelia Lorentson (non-Committee Councillor)
     Cr Frank Wilkie (non-Committee Councillor)

     EXECUTIVE
     S Waters, Acting Chief Executive Officer
     L Jensen, Acting Director Environment and Sustainable Development
     L Sengstock, Director Infrastructure Services (Reports 1-3)


     The meeting commenced at 9.31am.




2.   CONFIRMATION OF MINUTES
     Committee Recommendation
     Moved:           Cr Stewart
     Seconded:        Cr Finzel
     The Minutes of the Planning & Environment Committee Meeting held on 8 February 2022 be
     received and confirmed.
                                                                     Carried unanimously.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                               Page 2 of 7

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                               8 MARCH 2022


5.   REPORTS FOR CONSIDERATION OF THE COMMITTEE


1    MCU15/0109.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MULTIPLE
     HOUSING –TYPE 4 – CONVENTIONAL (39 UNITS) AT 75 RESORT DRIVE, NOOSA
     HEADS
     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 Constructions. I have a personal 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.
     Cr Stewart left the room.
     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 Constructions. Leigh McCready who is associated with the applicant was
     involved in a volunteer capacity with my 2020 election campaign where I was one of three candidates
     that ran as a group known as '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.
     Cr Finzel left the room.
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a prescribed 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 Constructions. On 24 February 2020 I sought a review by the Independent
     Council Election Observer (ICEO) as to the public claims of the Future Noosa Team, of which Leigh
     McCready was publicly identified as a Campaign Manager. Leigh McCready is associated with the
     applicant. Although I have a declarable conflict of interest, I do not believe a reasonable person could
     have a perception of bias because the ICEO review was an advisory service, not a statutory process,
     and my queries at that time were in the public interest and neither I nor Ms McCready stood to
     personally gain or lose from that advice. 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.
     Due to the Conflict of Interest declarations, the CEO appointed Cr Wegener as Chair.
     Committee Resolution
     Moved:             Cr Wegener
     Seconded:          N/A
     That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the
     public interest that Cr Stockwell participates and votes on this matter because Council believes that a
     reasonable person could not have a perception of bias because the ICEO review was advisory service,
     not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither
     he nor Ms McCready stood to personally gain or lose from that advice and therefore a reasonable
     person would trust that the final decision is made in the public interest.
                                                                                         Carried unanimously.
     Cr Stockwell did not vote on the above motion.
     Cr Stockwell resumed the chair.




                                                                                                   Page 3 of 7

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                 8 MARCH 2022


    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Wegener
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 8 March 2022 regarding MCU15/0109.04 to make a minor change
    to a development approval for Multiple Housing type 4 - Conventional (39 Units) situated at
    Resort Drive Noosa Heads and:
    A.   Approve the change.
    B.   Amend the description of the development in the Decision Notice to read Material
         Change of Use – Multiple Housing Type 4 – Conventional (39 Units & 1 manager’s
         unit).
    C.   Amend conditions 2, 3 and 31 to read as follows:
         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 and may be further amended by the conditions of this approval.
     Plan No.       Rev.   Plan/Document Name                                           Date
     7043-DA01       14    LOCATION PLAN & PROJECT SUMMARY by Blackburne              17-12-21
                           Jackson Design
     7043-DA02       18    SITE PLAN by Blackburne Jackson Design                     17-12-21

     7043-DA03       17    SITE PLAN by Blackburne Jackson Design                     17-12-21

     7043-DA04       11    SITE PLAN by Blackburne Jackson Design                     17-12-21

     7043-DA05       13    SITE SECTIONS PLAN by Blackburne Jackson Design            17-12-21

     7043-DA06       01    SITE SECTIONS PLAN by Blackburne Jackson Design            12-10-18

     7043-DA14       10    BUILDING 25: BASEMENT by Blackburne Jackson Design         12-10-18

     7043-DA15       10    BUILDING 25: LEVEL 1 by Blackburne Jackson Design          12-10-18

     7043-DA16       10    BUILDING 25: LEVEL 2 by Blackburne Jackson Design          12-10-18

     7043-DA17       09    BUILDING 25: ELEVATIONS by Blackburne Jackson Design       12-10-18

     7043-DA18       09    BUILDING 25: SECTION by Blackburne Jackson Design          12-10-18

     7043-DA19       11    BUILDINGS 23 & 24: BASEMENT by Blackburne Jackson          12-10-18
                           Design
     7043-DA20       09    BUILDINGS 23 & 24: LEVEL 1 by Blackburne Jackson Design    12-10-18

     7043-DA21       10    BUILDINGS 23 & 24: LEVEL 2 by Blackburne Jackson Design    12-10-18

     7043-DA22       09    BUILDING 24: ELEVATIONS by Blackburne Jackson Design       12-10-18

     7043-DA23       xx    BUILDING 24: ELEVATION & SECTION by Blackburne             12-10-18
                           Jackson Design
     7043-DA24       09    BUILDING 23: ELEVATION by Blackburne Jackson Design        12-10-18

     7043-DA25       09    BUILDING 23: ELEVATION & SECTION by Blackburne             12-10-18
                           Jackson Design
     7043-DA26       06    FINISHES PALETTE / SCHEDULES by Blackburne Jackson         17-12-21
                           Design
     7043-DA28       09    FIRE AND EVACUATION MANAGEMENT PLAN by                     14-02-19
                           Blackburne Jackson Design
     7043-DA30       16    HEIGHT PLAN PROJECTIONS by Blackburne Jackson              17-12-21
                           Design

                                                                                     Page 4 of 7

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                      8 MARCH 2022


    Plan No.         Rev.     Plan/Document Name                                              Date
    7043-DA31        13       HEIGHT PLAN PROJECTIONS by Blackburne Jackson                 12-10-18
                              Design
    7043-DA32        02       HEIGHT PLAN PROJECTIONS by Blackburne Jackson                 12-10-18
                              Design
    7043-DA40        03       HEIGHT PLAN PROJECTIONS by Blackburne Jackson                 17-12-21
                              Design
    7043-DA50        03       SITE MAINTENANCE SHED: PLAN, ELEVATION & SECTION              17-12-21
                              by Blackburne Jackson Design
    7043-            09       SITE MAINTENANCE SHED LANDSCAPING by Blackburne               17-12-21
    DA102                     Jackson Design
    7043-            08       BLOCK 25: LANDSCAPING by Blackburne Jackson Design            12-10-17
    DA104
    7043-            08       BLOCKS 23 & 24: LANDSCAPING by Blackburne Jackson             12-10-17
    DA105                     Design
    7043-            08       BLOCK 24 & CORNER LANDSCAPING by Blackburne                   12-10-17
    DA106                     Jackson Design
    7043-            07       PLANT SPECIES PALETTE & HARDSCAPE MATERIALS by                12-10-17
    DA107                     Blackburne Jackson Design
    7038-DA13        07       Overall Staging Plan by Blackburne Jackson Design             14-06-17

    WD1.3             I       SITE PLAN by Sparks Architects                                16-05-18

    WD1.17            H       GROUND FLOOR PLAN BLOCK 10 by Sparks Architects               16-05-18

    DD1.16            G       FIRST FLOOR PLAN BLOCK 10 by Sparks Architects                27-06-17

    DD1.17            F       ROOF FLOOR PLAN BLOCK 10 by Sparks Architects                 27-06-17

    WD1.20            H       GROUND FLOOR PLAN BLOCK 11 by Sparks Architects               16-05-18

    DD1.19            G       FIRST FLOOR PLAN BLOCK 11 by Sparks Architects                27-06-17

    DD1.20            F       ROOF PLAN BLOCK 11 by Sparks Architects                       27-06-17

    WD1.23            H       GROUND FLOOR PLAN BLOCK 12 by Sparks Architects               16-05-18

    DD1.22            G       FIRST FLOOR PLAN BLOCK 12 by Sparks Architects                27-06-17

    DD1.23            F       ROOF PLAN BLOCK 12 by Sparks Architects                       27-06-17

    WD2.8             B       ELEVATIONS BLOCK 10 by Sparks Architects                      23-08-17

    WD2.9             B       ELEVATIONS BLOCK 11 by Sparks Architects                      23-08-17

    WD2.10            B       ELEVATIONS BLOCK 12 by Sparks Architects                      23-08-17

        3.      The approved development comprises a total of 1 x 1 bedroom manager’s unit,
                17 x 2 bedrooms and 22 x 3-bedroom units.
        31.     A minimum of 80 car parking spaces must be provided and marked on the overall
                site generally in accordance with the approved plans. The works may be staged
                and must be undertaken in accordance with an Operational Works approval and
                must include in particular:
                a.        13 visitor parking spaces within the total, which are clearly marked for that
                          purpose and accessible at all times for visitor use.
                b.        Crossfalls, gradients and vehicle headroom in accordance with Australian
                          Standard AS2890: Parking Facilities.
                c.        The minimum number of parking spaces as indicated on the approved

                                                                                          Page 5 of 7

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                   8 MARCH 2022


                        plans for each of the buildings in the particular Stage.
                 d.     1 space must be allocated to the exclusive use of the Manger’s Unit.
     D.    Add conditions 66 and 67 to read as follows:
           66.   The car wash bay must be bunded to prevent wastewater from leaving the site
                 and must not enter the downstream drainage system.
           67.   The use of the car wash bay is to be limited to resident’s vehicles only and the
                 use of pressure hoses /compressors to wash vehicles is not permitted.
     E.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                             Carried unanimously.
     Crs Stewart and Finzel returned to the meeting.




2    MCU19/0089.02 & OPW19/0160.02 – MINOR CHANGE TO DEVELOPMENT APPROVAL
     FOR RETAIL BUSINESS TYPE 5 VEHICLE USES, RETAIL BUSINESS TYPE 2 SHOP
     AND OPERATIONAL WORKS – SIGNAGE AT 52 – 54 MARY STREET NOOSAVILLE
     Committee Recommendation
     Moved:             Cr Stewart
     Seconded:          Cr Finzel
     That Planning & Environment Committee Agenda Item 2 be referred to the General
     Committee for further consideration.
                                                              Carried unanimously.




6.   REPORTS FOR NOTING FOR THE COMMITTEE


3    VEGETATION ASSESSMENT PROJECT UPDATE
     Committee Recommendation
     Moved:             Cr Wegener
     Seconded:          Cr Stewart
     That Council note the report by the Principal Environment Officer and the Environment
     Officer-Vegetation Assessment to the Planning & Environment Committee Meeting dated 8
     March 2022 on the progress of the Vegetation Assessment Project.
                                                                      Carried unanimously.




4    NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE UPDATE
     Committee Recommendation
     Moved:             Cr Stockwell
     Seconded:          Cr Stewart
     That Planning & Environment Committee Agenda Item 4 be referred to the General
     Committee due to the significance of the issue.
                                                              Carried unanimously.

                                                                                      Page 6 of 7

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                             8 MARCH 2022


5      PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JANUARY 2022
       Committee Recommendation
       Moved:          Cr Stockwell
       Seconded:       Cr Finzel
       That Council note the report by the Development Assessment Manager to the Planning &
       Environment Committee Meeting dated 08 March 2022 regarding planning applications that
       have been decided by delegated authority.
                                                                      Carried unanimously.




7.     CLOSED SESSION

Nil.




The meeting closed at 10.38am




                                                                                 Page 7 of 7

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