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2017-06-12 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          12 JUNE 2017



GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
12 JUNE 2017 – Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.

1    MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
     PREMISES ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
     AMUSEMENT & FITNESS (FITNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK DR
     NOOSAVILLE
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Jackson
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0137 for a
     Development Permit for Material Change of Use of Premises - Entertainment & Dining
     Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre) situated at Noosa
     Home 5/8 Selkirk Drive 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 authorised by this approval must be undertaken generally in
                 accordance with the Approved Plans listed within this Decision Notice.
                  Plan No.   Rev.    Plan Name                                     Date
                  Job No.    A       Proposed Ground Floor Plan, drawn by          2 October 2016
                  2016/61            Architectural Solutions – Building Design
                  Job No.    A       Proposed Mezzanine Floor Plan, drawn by       2 October 2016
                  2016/61            Architectural Solutions – Building Design

          Nature and Extent of Approved Use
          3.     Approval is for a Fitness Centre in tenancy No. 5 in the Noosa Home complex
                 with a total gross floor area of 719m2.
          4.     The Fitness Centre class size must not exceed a maximum of 20 persons at any
                 one time.
          5.     The Fitness Centre may operate 24 hours a day, Monday to Sunday.
          6.     The number of overlapping fitness classes between the hours of 8am and 4pm
                 on weekdays is limited to 2 and there must be no more than 3 overlapping
                 classes between 5.30pm and 6.30am on weekdays. Overlapping classes are
                 classes that either directly overlap in time, or where there is less than half an
                 hour between the conclusion of one class and the start of another.


                                                                                     Page 1 of 8
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                            12 JUNE 2017


          Acoustics
          7.    The use must be in accordance with The ‘Desk Top Environmental Noise Impact
                Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report
                No R17015, prepared by David Moore and Associates Pty Ltd dated 1 March
                2017, unless varied by the following:
                a)    Ensure all windows and doors facing Walter Hay Drive cannot be opened;
                b)    There is to be no amplified music or voices The hours of the fitness room
                      within the centre are limited to between the hours of 7pm and 7am and
                      10pm;
                c)    Noise emanating from the premises including amplified or no-amplified
                      noise and patron noise must not exceed 84db (A) when measured
                      approximately 3 metres from the primary source of the noise;
                d)    All amplified noise at the premises must be conducted through a sound
                      limiting device at all times to ensure that noise does not exceed levels
                      prescribed in condition c);
                e)    The sound limiting device must have a locking mechanism, which is to be
                      locked at all times except for inspection or maintenance work on the device;
                f)    Access to the sound limiting device, except for maintenance work, must be
                      restricted to the gym manager, nominee and the person in charge of the
                      premises at any time; and
                g)    The sound limiting device must be checked and if necessary calibrated by
                      a qualified acoustic engineer at least every 12 months to ensure
                      compliance with condition c).
          Advertising Signage
          8.    Any advertising sign or device must comply with Council's policies on advertising.
    B.    Find the following are sufficient grounds to justify the decision despite the conflict with
          the Planning Scheme:
          1.    Gyms (fitness centres) are generally floor area intensive and require tenancies
                within industrial units that are most readily found in the Industrial Zone;
          2.    Some sport and recreational uses are accepted an Industry zone given the
                potential impacts of sport and recreation uses; and
          3.    The fitness centre is of a similar size and scale to other approved Entertainment
                & Dining Business’s Type 2 within the Noosaville Industrial area.
                                                                                            Carried.
    Cr Wellington was absent for the vote on this item.



2   ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT 2016
    Refer to Further Report at Item 6.




                                                                                        Page 2 of 8

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          12 JUNE 2017


3   NOOSA TRANSPORT STRATEGY 2017-2027 - ADOPTION
    Committee Recommendation
    Moved:            Cr Pardon
    Seconded:         Cr Glasgow
    That Council note the report by the Project Officer to the Services & Organisation Committee
    Meeting dated 6 June 2017, and:
    A.    Adopt the Transport Strategy 2017-2027, provided at Attachment 1 to the report and
          authorise the CEO to make minor changes as necessary; and
    B.    Adopt the amended Transport Policy provided at Attachment 2 to the report.; and
    C.    Request the Chief Executive Officer to report to a future Council meeting with an
          Implementation Plan for the Transport Strategy and Transport Policy to ensure that
          tangible actions can be undertaken in both the short and medium term following the
          adoption of the Transport Strategy and Transport Policy.
                                                                                    Carried.
    Cr Wellington was absent for the vote on this item.




4   FUTURE OF HANG GLIDING AND PARAGLIDING ACTIVITY – TINGIRA CRESCENT,
    SUNRISE BEACH
    Motion
    Moved:            Cr Stockwell
    Seconded:         Cr Wellington
    That Council note the report by the Property Manager to the Services & Organisation
    Committee Meeting dated 6 June 2017 and:
    A.    Authorise the CEO to prohibit hang gliding and paragliding at Lot 149 on RP130983,
          Tingira Crescent, Sunrise Beach due to the unreasonable impact on resident amenity
          (detailed as Option 3 in the report);
    B.    Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and
          Roads 2015) to prohibit flying activities on Lot 149 on RP130983; and
    C.    Continue to work with the Sunshine Coast Sports Aviators Inc. and relevant
          stakeholders to develop a Regional Sports Facility Plan for hang gliding and paragliding
          within the Sunshine Coast Council, Noosa Council and Gympie Regional Council local
          government areas.
                                                                                            Lost.

    Motion
    Moved:            Cr Wilkie
    Seconded:         Cr Jurisevic
    That Council note the report by the Property Manager to the Services & Organisation
    Committee Meeting dated 6 June 2017 and:
    A.    Authorise the CEO to prohibit hang gliding and paragliding at Lot 149 on RP130983,
          Tingira Crescent, Sunrise Beach due to the unreasonable impact on resident amenity

                                                                                     Page 3 of 8

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                           12 JUNE 2017


         (detailed as Option 3 in the report);Oversee the implementation of a three-year
         management plan for Lot 149 on RP130983, Tingira Crescent Sunrise Beach by
         Sunshine Coast Sports Aviators Inc. with quarterly reporting of flying activity data to
         enable Council to assess the extent of flying activities and the effectiveness of the
         management plan in addressing resident amenity concerns;
    B.   Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and
         Roads 2015) to prohibit flying activities on Lot 149 on RP130983; and Issue a three
         year permit to allow flying activity to continue from Lot 149 subject to yearly review of
         the effectiveness of the management plan in addressing resident amenity concerns;
         and
    C.   Continue to work with the Sunshine Coast Sports Aviators Inc. and relevant
         stakeholders to develop a Regional Sports Facility Plan for identifying and securing
         alternative hang gliding and paragliding sites within the Sunshine Coast Council, Noosa
         Council and Gympie Regional Council local government areas.


    Amendment No. 1
    Moved:           Cr Wellington
    Seconded:        Cr Stockwell
    That item B of the motion be amended to read:
    B.   Issue a one year permit to allow flying activity to continue from Lot 149 subject to review
         of the effectiveness of the management plan in addressing resident amenity concerns;
                                                                                              Lost.


    Amendment No. 2
    Moved:           Cr Stockwell
    Seconded:        Cr Wellington
    That items A and B of the motion be amended and an additional item D be added to read:
    A.   Oversee the implementation of a three-year management plan for Lot 149 on
         RP130983, Tingira Crescent Sunrise Beach by Sunshine Coast Sports Aviators Inc.
         for a one year period with two further one year options subject to satisfactory
         performance with quarterly compliance reporting of flying activity data to enable
         Council to assess the extent of flying activities and the effectiveness of the
         management plan in addressing resident amenity concerns;
    B.   Issue a three one year period with two further one year options permit to allow flying
         activity to continue from Lot 149 subject to yearly review of the effectiveness of the
         management plan in addressing resident amenity concerns; and
    D.   That staff investigate the need to include a provision in the current review of local laws
         to enable it to undertake compliance activities should provisions of the management
         plan not be met
                                                                                              Lost.




                                                                                       Page 4 of 8

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          12 JUNE 2017


    Amendment No. 3
    Moved:           Cr Pardon
    Seconded:        Cr Stockwell
    That a new item D be included in the motion to read:
    D.   That staff investigate the need to include a provision in the current review of local laws
         to enable it to undertake compliance activities should provisions of the management
         plan not be met.
                                                                                          Carried.

    Committee Recommendation
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Property Manager to the Services & Organisation
    Committee Meeting dated 6 June 2017 and:
    A.   Authorise the CEO to prohibit hang gliding and paragliding at Lot 149 on RP130983,
         Tingira Crescent, Sunrise Beach due to the unreasonable impact on resident amenity
         (detailed as Option 3 in the report);Oversee the implementation of a three-year
         management plan for Lot 149 on RP130983, Tingira Crescent Sunrise Beach by
         Sunshine Coast Sports Aviators Inc. with quarterly reporting of flying activity data to
         enable Council to assess the extent of flying activities and the effectiveness of the
         management plan in addressing resident amenity concerns;
    B.   Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and
         Roads 2015) to prohibit flying activities on Lot 149 on RP130983; and Issue a three
         year permit to allow flying activity to continue from Lot 149 subject to yearly review of
         the effectiveness of the management plan in addressing resident amenity concerns;
         and
    C.   Continue to work with the Sunshine Coast Sports Aviators Inc. and relevant
         stakeholders to develop a Regional Sports Facility Plan for identifying and securing
         alternative hang gliding and paragliding sites within the Sunshine Coast Council, Noosa
         Council and Gympie Regional Council local government areas.
    D.   That staff investigate the need to include a provision in the current review of local laws
         to enable it to undertake compliance activities should provisions of the management
         plan not be met.
                                                                                           Carried.




                                                                                      Page 5 of 8

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          12 JUNE 2017


5   1617T097 CLEANING OF COUNCIL BUILDINGS & FACILITIES
    Committee Recommendation
    Moved:               Cr Stockwell
    Seconded:            Cr Jurisevic
    That Council note the report by the Building & Plumbing Services Manager to the General
    Committee Meeting dated 12 June 2016 and:
    A.    Award tender 1617T097 for Cleaning of Council Buildings & Facilities to the following
          contractors:
                                                                    Price   per     year      (GST
               Portion    Contractor
                                                                    Exclusive)

               1          Ecovist Pty Ltd                           $105,300 plus consumables

                          Nicholson & Kamerling     t/as   Laguna
               2                                                    $18,018 plus consumables
                          Lawns & Gardens

               3          Ecovist Pty Ltd                           $2,600 plus consumables

    B.    Award tender 1617T097 for Cleaning of Council Buildings & Facilities for an initial
          period of twelve (12) months, with options to extend the contract for three (3) periods
          of up to twelve (12) months each. Options to extend will be at Council’s sole discretion
          and subject to Council’s review of Contractor performance under the Contract and
          proposed prices.
                                                                                           Carried.
    Cr Wellington was absent for the vote on this item.



6   FURTHER REPORT - ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 -
    PLANNING ACT 2016
    Motion
    Moved:               Cr Stockwell
    Seconded:            Cr Jurisevic
    That Council note the Report by the Planning Scheme Project Manager to the Planning &
    Environment Committee Meeting dated 6 June 2017 and the Further Report to the General
    Committee dated 12 June 2017 and
    A.    Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
          Amendment Rules made by the Planning Minister under section 293 of the Planning
          Act 2016 and as set out in in track-change format in:
          1.       Attachment 1 of the Report to the Planning and Environment Committee dated 6
                   June 2017; and
          2.       Attachment 1 of the Further Report to the General Committee dated 12 June
                   2017;
    B.    Authorise the Chief Executive Officer to amend the alignment amendment in
          accordance with the recommended changes included in the new Alignment
          Amendment Planning Scheme Template (Version 4) released by the Department of
          Local Government, Infrastructure and Planning dated 4 June 2017;

                                                                                     Page 6 of 8

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                       12 JUNE 2017


    C.    Commence the alignment amendment on 3 July 2017, coinciding with the
          commencement of the Planning Act 2016;
    D.    Give notice of the alignment amendment by placing a public notice in a local Noosa
          newspaper, government gazette and Noosa Council website; and
    E.    Provide the Chief Executive of the Department of Local Government, Infrastructure and
          Planning a copy of the public notice and a copy of the alignment amendment.

    Amendment
    Moved:            Cr Jackson
    Seconded:         Cr Glasgow
    That item A be amended to read:
    A.    Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
          Amendment Rules made by the Planning Minister under section 293 of the Planning
          Act 2016 and as set out in in track-change format in:
          1.    Attachment 1* of the Report to the Planning and Environment Committee dated
                6 June 2017; and
          2.    Attachment 1* of the Further Report to the General Committee dated 12 June
                2017;
          * not including amendments to the content of text boxes in The Noosa Plan (currently
          regarded as extrinsic material) which were proposed to be translated as desired
          environmental outcomes in Part 3 and overall outcomes in the locality and overlay
          codes in Parts 4-13 of The Noosa Plan 2006.
                                                                                         Lost.
    Cr Wellington was absent for the vote on this item.


    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Jurisevic
    That Council note the Report by the Planning Scheme Project Manager to the Planning &
    Environment Committee Meeting dated 6 June 2017 and the Further Report to the General
    Committee dated 12 June 2017 and
    A.    Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
          Amendment Rules made by the Planning Minister under section 293 of the Planning
          Act 2016 and as set out in in track-change format in:
          1.    Attachment 1 of the Report to the Planning and Environment Committee dated 6
                June 2017; and
          2.    Attachment 1 of the Further Report to the General Committee dated 12 June
                2017;
    B.    Authorise the Chief Executive Officer to amend the alignment amendment in
          accordance with the recommended changes included in the new Alignment
          Amendment Planning Scheme Template (Version 4) released by the Department of
          Local Government, Infrastructure and Planning dated 4 June 2017;



                                                                                   Page 7 of 8

Section 8

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                       12 JUNE 2017


    C.    Commence the alignment amendment on 3 July 2017, coinciding with the
          commencement of the Planning Act 2016;
    D.    Give notice of the alignment amendment by placing a public notice in a local Noosa
          newspaper, government gazette and Noosa Council website; and
    E.    Provide the Chief Executive of the Department of Local Government, Infrastructure and
          Planning a copy of the public notice and a copy of the alignment amendment.
                                                                                      Carried.
    Cr Wellington was absent for the vote on this item.




7   FINANCIAL PERFORMANCE REPORT - MAY 2017
    Committee Recommendation
    Moved:            Cr Glasgow
    Seconded:         Cr Jurisevic
    That Council note the report by the Director Corporate Services to the General Committee
    Meeting dated 12 June 2017 providing the May YTD monthly financial performance report
    for the 2016/17 financial year.
                                                                                     Carried.
    Cr Wellington was absent for the vote on this item.




                                                                                   Page 8 of 8

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