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2022-08-09 Planning & Environment Meeting Minutes
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MINUTES
Planning & Environment
Committee Meeting
Tuesday, 9 August 2022
9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
1. ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Tom Wegener (Chair)
Cr Brian Stockwell (via Microsoft Teams)
Cr Karen Finzel
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
APOLOGIES
Nil
The meeting commenced at 9.32am.
2. CONFIRMATION OF MINUTES
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
The Minutes of the Planning & Environment Committee Meeting held on 12 July 2022 be
received and confirmed.
Carried unanimously.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
1. JOHN COCHRANE, SIMON GAMBLE, KIM PETROVIC
Topic: Objectors to the MCU21/0110 DA proposal located in Noosa Springs
Withdrawn by applicant
Page 2 of 15
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 NOOSA COUNCIL FLYING-FOX STATEMENT OF MANAGEMENT INTENT
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by Fauna Management Project Officer to the Planning and
Environment Committee Meeting 9 August 2022 on the Flying Fox Statement of
Management Intent, and
A. Endorse the draft Statement of Management Intent for the purpose of community
consultation; and
B. Report back to Council on the findings of the community consultation.
Carried unanimously.
2 MCU22/0067 – APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM
ACCOMMODATION AT 401 SUNRISE ROAD, TINBEERWAH
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 2 be referred to the General
Committee due to the significance of the issue.
Carried unanimously.
3 MCU21/0027.01 & OPW21/0047.01 – OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE DWELLING & OPERATIONAL WORKS TO INCLUDE
SHORT-TERM ACCOMMODATION AT 30 & 32 JAMES STREET, NOOSAVILLE
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stockwell
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 9 August 2022 regarding Application No. MCU21/0027.01 &
OPW21/0047.01 for an Other Change to a Development Approval for Material Change of
Use for Multiple Dwellings and Operational Work (Stormwater, drainage works, earthworks
and landscaping) to include short-term accommodation, situated at 30 & 32 James Street,
Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will further
erode the permanent housing in the area, impacting permanent resident amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a) and
(h) of the Medium Density Residential Zone Code as:
Page 3 of 15
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
a. The proposal is located in an area that has a substantial number of properties
being used for visitor accommodation and/or properties permitted for visitor
accommodation. The introduction of additional short-term accommodation within
a unit complex is not consistent with the purpose of the zone.
b. The proposal seeks to establish a new short-term visitor accommodation facility
within a recently approved multiple units development and is not located within a
well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t) and
Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does not
seek to increase the extent of visitor accommodation within the area to the
detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and integrated
with permanent residents in the area given the number and density of properties
currently being used for visitor accommodation and/or permitted for visitor
accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity enjoyed
by residents.
5. There is no need for additional short-term accommodation in the area.
6. The proposal does not comply with Performance Outcome PO12 of the Visitor
Accommodation Code and Performance Outcome PO6 of the Driveway and Parking
Code as insufficient car parking is proposed on site to address the likely parking
demands.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
4 51983.3225.14 – PLANNING & ENVIRONMENT COURT APPEAL NO. 3296 of 2021 –
APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR
MULTIPLE DWELLING UNITS & 8 SHOPS AT 30 HASTINGS ST, NOOSA HEADS
Committee Recommendation
Moved: Cr Finzel
Seconded: Cr Stewart
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment
Court Appeal No. 3296 of 2021 and agree to settle the appeal generally 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 – 11 November 2014
Page 4 of 15
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Rev. Plan, prepared by Date
Plan No.
No.1 Perspectives & Notes, prepared by 22/07/2014
Accolade Building Designs
No.3 Ground Floor & 1st Level, prepared by 22/07/2014
Accolade Building Designs
No.4 Elevations, prepared by Accolade Building 22/07/2014
Designs
Approved Plans - October 2015
Plan No. Rev. Plan, prepared by Date
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Sept 15
Architect
DA 3004 A Ground Floor and Carport Plan, prepared by Sept 15
Peter Hull Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
Plan No. Rev. Plan, prepared by Date
GRND FLR – Proposed (Unit 14), prepared 14/10/2015
by LPID
Elevation (Unit 14) – East Facing (Street 14/10/2015
Frontage), prepared by LPID
Elevation – North Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – South Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – West Facing (Unit 14), prepared 14/10/2015
by LPID
3D Views – Exterior (Unit 14), prepared by 14/10/2015
LPID
GRND FLR – Proposed (Unit 25), prepared 14/10/2015
by LPID
Elevation (Unit 25) – South View, prepared 14/10/2015
by LPID
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by 14/10/2015
LPID
Page 5 of 15
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
3D Views – Exterior (Unit 25), prepared by 14/10/2015
LPID
Approved plans – May 2016
Plan No. Rev. Plan, prepared by Date
DA.01 B Location Plan prepared by Bark Design Architects 26/02/2016
DA.02 C Site Plan prepared by Bark Design Architects 23/02/2016
DA.04 C Ground Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.05 C First Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.06 C Second Floor Plan prepared by Bark Design 23/02/2016
Architects
DA.07 C Roof Terrace Plan prepared by Bark Design 23/02/2016
Architects
DA.11 B South Elevation prepared by Bark Design 26/02/2016
Architects
DA.12 B East Elevation prepared by Bark Design 26/02/2016
Architects
DA.13 B North Elevation prepared by Bark Design 26/02/2016
Architects
DA.14 B West Elevation prepared by Bark Design 26/02/2016
Architects
Approved plans – March 2017 Unit 20
Plan No. Rev. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
Sheet 1 Designs
1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
Sheet 2 Designs
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building 23 March 2017
Sheet 4 Designs
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
Page 6 of 15
Section 7
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building 23 March 2017
Sheet 3 Designs
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5
Plan No. Plan, prepared by Date
Sheet 1 of 4 Site Plan, prepared by Mandy’s Design and Drafting July 2017
Issue A
Sheet 2 of 4 Existing Floor Plans, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 3 of 4 Proposed floor plan, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 4 of 4 Elevations, prepared by Mandy’s Design and Drafting July 2017
Issue A
Approved Plans – April 2018 Unit 21
Plan No. Plan, prepared by Date
Sheet 1 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 2 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit, prepared by Accolade Building Designs
Sheet 3 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (floor plans), prepared by Accolade Building
Designs
Sheet 4 of 6 Proposed Partial Enclosure of Ground Level Under 26/04/2018
Existing Unit (elevations), prepared by Accolade Building
Designs
Page 7 of 15
Section 8
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Approved Plans – 19 November 2020 Unit 17
Plan No. Plan, prepared by Date
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by Innovate October 2020
Issue D Architects
Sheet 02, Elevations, Section & External Finishes Schedule, prepared October 2020
Issue D by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects October 2020
Issue C
Approved Plans – March 2020 Unit 19
Plan No. Plan, prepared by Date
A01 Site Location, Site Plan & Calculations, prepared by Lisa 22 January 2021
Page
A02 Ground Floor Plan – with proposed alterations, prepared 22 January 2021
by Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3/Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by 22 January 2021
Lisa Page
A10 Perspective views: south/east/north views, prepared by 22 January 2021
Lisa Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette 22 January 2021
by Lisa Page
- Landscape Concept Design document including site plan -
and perspective, cross sections, look and feel and design,
prepared by Louise Custance
Page 8 of 15
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Approved Plans – July 2022 Units 9-10 (Lot 30 SP307674)
Plan No. Plan, prepared by Date
SK 002 Proposed Holyman Unit 3D perspectives, prepared by N/D
Iss SK2 Gerard Smith Design
SK 101 Site Plan, prepared by Gerard Smith Design May 2022
Iss SK2
SK 102 Setback Plan & Vehicle Manoeuvring Plan, prepared by May 2022
Iss SK2 Gerard Smith Design
SK 201 Floor Plan – All Levels, prepared by Gerard Smith Design May 2022
Iss SK2
SK 401 Elevations – Sheet 1, prepared by Gerard Smith Design May 2022
Iss SK2
SK 501 Cross Sections – Sheet 1, prepared by Gerard Smith May 2022
Iss SK2 Design
SK 951 Overviewing Diagrams – Level 1, prepared by Gerard May 2022
Iss SK2 Smith Design
SK 952 Overviewing Diagrams – Level 2, prepared by Gerard May 2022
Iss SK2 Smith Design
3 Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed within this Decision Notice.
Construction Management Plan & Pre-Start Meeting
4 A Construction Management Plan must be submitted to and approved by Council prior to
obtaining a building approval and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including.
i. Traffic Management Control Plan in accordance with Manual of Uniform Traffic
Control Devices (MUTCD) detailing all temporary signage and traffic control
measures prior to construction.
ii. Maintenance of safe and unobstructed access across the frontage of the site for
pedestrians and vehicles both during daily construction and after daily
construction has ceased.
iii. Parking arrangements, number, and locations for vehicles associated with the
proposed construction works that need to be onsite or in proximity to the site at
any time during the phases of the construction works. Where relevant, time slots
and off-peak hours should be indicated. All efforts must be made to prevent or
minimise adverse impact on public parking availability in the local area.
b. Works programme identifying key components of the works and their respective
durations.
c. Written confirmation from the Body Cooperate accepting the use of the common
property for activities associated with the construction works as identified in the final
Construction Management Plan and the Traffic Management Plan.
d. Proposed fencing to the site during the construction phase of the development.
Page 9 of 15
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
e. Protection fencing for existing landscaping and trees in proximity to the work activities.
f. Maintenance and protection of water quality and existing drainage lines through the
construction site through the implementation of appropriate erosion and sediment
control measures to prevent silt and contaminants from entering existing stormwater
system.
g. Establishment of a communication protocol with the general public, adjoining owners,
emergency services and local businesses to advise of agreed construction times,
impacts on traffic and services and other relevant issues.
h. identification of complaint management procedures including:
i. Contact details for the on-site manager.
ii. Dispute resolution procedures.
5 Council must be contacted at least 5 working days prior to any works commencing to
organise a pre-start meeting. The contact number to arrange a pre-start meeting is
Development Construction Officer on ph.5329 6465. The pre-start meeting must include:
a. The relevant parties for any Civil Engineering and Building works.
b. A representative of the Body Corporate.
The applicant must provide copies of the approved construction and traffic
management plans for the attendees at the prestart meeting.
Frontage Condition Report
6 A condition report including photographs of the frontage of the site must be completed and
submitted to council at the prestart meeting and prior to any works commencing.
General Requirements
7 Any conflict between the development and an existing or proposed service must be referred
to the relevant service authority for determination prior to commencement of works.
8 The developer must meet any costs to repair damage to any Council asset during
construction where damage is a result of the development works. Damage to assets must
be repaired immediately where it creates a hazard to the community. In circumstances where
the damage does not create a hazard to the community, it must be repaired immediately on
completion of the works associated with the development.
Performance Bond
9 Deleted.
Performance Bond
10 Security in the form of a cash bond or trading bank guarantee to the sum of $4000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by
Council in respect of enforcing performance of this permit. Council reserves the right to call
upon the bond or guaranteed sum to effect compliance with conditions.
Building Appearance
11 All air conditioning units or other mechanical equipment must be fully enclosed or screened
such that they are not visible externally from adjoining land uses.
Privacy – Unit 17
12 To ensure privacy is protected between adjoining units, the kitchen window located on Level
1 must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
Page 10 of 15
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
b. be fitted with opaque glazing
13 The balcony located on Level 1 and the roof top terrace must include either balustrading or
fixed external screens, positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining units.
Noise
14 Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning
• 7am to 10pm: Maximum level allowable = background + 5dB(A)
• 10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps/spa equipment
• 7am to 7pm: Maximum level allowable = background + 5dB(A)
• 7pm to 10pm: Maximum level allowable = background + 3dB(A)
• 10pm to 7am: No audible noise.
15 The certification must be submitted to Council at the completion of the building works, which
certifies that operational noise from any fixed plant and equipment complies with the
requirements of this Decision Notice.
Landscaping Works
16 The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
17 The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18. The development site must be landscaped generally in accordance with Planning Scheme
Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
a. Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general
location of the vegetation approved for removal.
b. Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be
planted between the building and the northern boundary and north western corner of
Lot 17 that grow to a maximum height of 7 metres.
c. Lot 19 - the works as generally shown on the approved Landscape concept plan as
prepared by Louise Custance except for the usage of exotic species and include 2
advanced local native tree species in a pot size of no less than 45L that grow to a
maximum height of 7 metres.
d. Lot 19 – Landscaping must be provided between the building and western boundary
that grow (on average) to a maximum height of 5 metres in order to soften the built
form where viewed from the west.
19. 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.
20. Landscape works must be completed prior to the commencement of the approval use.
21. Vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape
b. installing protective fencing around the drip line of the vegetation
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared
Page 11 of 15
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
d. using low impact construction techniques around vegetation.
Damage to Services and Assets
22. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
Flood
23. In response to the potential flood risks, material and surface treatments below the defined
flood event must be resilient to water damage and do not include wall cavities that are
susceptible to the intrusion of water.
24. No habitable rooms are to be located on the ground floor.
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and Plumbing Services
prior to the issue of the Development Approval for Building Works – demolition of Unit 17 &
19. The security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
26. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel,
bridges or roadways at the removal site, the new site or between the sites must be repaired
or reinstated to at least pre-existing conditions.
27. All waste materials are removed from site.
28. Litter, erosion and sediment control measures are to be installed and/or maintained until soils
are stabilised by vegetation or sealed. NB: it is an offence under the Environmental Protection
Act 1994 to deposit or potentially allow litter, waste, soil, or other contaminants to enter a
waterway or storm water drainage system (e.g. roadside gutter).
29. Removal of building materials containing asbestos must be undertaken by a licensed
asbestos removalist.
30. Asbestos removal work (Section 466) of the Work Health and Safety Regulation
2011 requires a licensed asbestos removalist to give notice to Workplace Health and Safety
Queensland (WHSQ) of licensed asbestos removal work at least five days before the work
commences. Notification must be made using Form 65: Notification of licensed asbestos
removal work, demolition work or emergency demolition.
31. All building materials containing asbestos products are wrapped and disposed of in
accordance with the Public Health Regulation 2006 and the Environmental Protection
Regulation 2008. NB: Asbestos is a Regulated Waste. The Department of Environment &
Science licenses businesses that transport asbestos waste, and landfills that accept this
waste.
32. All building materials containing asbestos, including asbestos cement sheeting or roofing and
lagging are removed from the building prior to demolition/relocation.
33. It is a requirement of the ‘Plumbing and Drainage Regulation 2019’ that at demolition of a
building classed 1-10, the existing sanitary drain upstream from the connection point for a
service provider’s sewerage system must be sealed water tight. This work is deemed as
Notifiable Work and must be carried out by a suitably licenced plumber who shall submit an
As Constructed plan and Form 4 (Notifiable Works Form) to the QBCC (Queensland Building
Construction Commission) within 10 days of completing the work.
Page 12 of 15
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Special conditions relating to the redevelopment of Unit 19 only – 4 March 2021
34. The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres
from the northern boundary.
35. All parts of the building must be wholly contained within Lot 19 with the exception of
structures in the exclusive use area as stipulated by the Community Management Statement
for the site.
36. The storage room on the ground level is not to be used as a bedroom or as any other
habitable room.
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for construction and
access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must
be submitted to Council, to secure performance of all conditions of this approval, specifically
for Lot 30, prior to the issue of a Development Permit for Building Works. The cash bond or
trading bank guarantee will be returned on performance of the conditions of approval less
any costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and Plumbing
Services prior to the issue of the development approval for building works (demolition). The
security must be in the form of a cash bond or bank guarantee, for security against
satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the approved plans
and Planning Scheme Policy PSP2 – Landscaping, and the following requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided to the north,
south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at 1.5m
centres. Include 1 x 100 litre pot size tree to be planted in each of the following
locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be suitable native
species for the urban surroundings such as Syzygium, Elaeocarpus, Acronychia.
d. 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.
e. Landscape works must be completed prior to the commencement of the use of Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA prepared
by Max Watterson & Associates may be removed within the lot as part of preparing the site
for construction.
41. Any vegetation to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
Page 13 of 15
Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must not cover
more than 50% of each of the balconies. The privacy screens on Level 3 must be a minimum
height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading (set back
as shown on the approved plans), and fixed external screens (where appropriate), positioned
in such a way to obscure direct views into the habitable room windows or private open space
areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material and colour
palette as shown on Plan no. SK 002 Issue SK2 and prepared by Gerard Smith Design.
Carried unanimously.
5 PLANNING & ENVIRONMENT COURT APPEAL NO D97 OF 2022 – APPLICATION FOR
SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
1 (ADMINISTRATION) 2015 FOR UNIT 1, 12 STEVENS STREET, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding Planning & Environment
Court Appeal D97 of 2022 and agree to defend the appeal.
Carried unanimously.
6 PLANNING & ENVIRONMENT COURT APPEAL NO D100 OF 2022 – ENFORCEMENT
NOTICE FOR OPERATION OF AIRSTRIP WITHOUT A DEVELOPMENT APPROVAL AT
LAKE WEYBA DRIVE, NOOSAVILLE
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 prescribed conflict of interest in relation to this matter
as Kirsty Millar, the ex-wife, of Mr Bob Linke, Director of Linke and Linke Surveys Pty Ltd (the
Applicant), donated $5000 on 12/2/2020, $5000 on 6/3/2020; $1900 on 27/2/2020 and $1900 on
27/2/2020, to my 2020 election campaign. 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 meeting room.
Page 14 of 15
Section 15
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 AUGUST 2022
Procedural Motion
Moved: Cr Finzel
Seconded: Cr Wegener
Table the report for a workshop to provide more information to Council.
For: Cr Finzel
Against: Crs. Wegener & Stockwell
Lost.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wegener
That Planning & Environment Committee Agenda Item 6 be referred to the General
Committee for further consideration.
Carried unanimously.
Cr Stewart returned to the meeting.
7 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 9 August 2022 and adopt the “Noosa Shire Council
Charges Resolution (No.7) 2022” provided as Attachment 1 to the report, to replace the
“Noosa Shire Council Charges Resolution (No.6) 2021” and take effect on 19 August 2022.
Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2022
Committee Recommendation
Moved: Cr Wegener
Seconded: Cr Stewart
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 9 August 2022 regarding planning applications that
have been decided by delegated authority.
Carried unanimously.
7. CLOSED SESSION
Nil.
Meeting closed at: 11.18am
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