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2021-05-11 Planning & Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


                  Tuesday, 11 May 2021


                                    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                          11 MAY 2021


1   ATTENDANCE & APOLOGIES


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

    Cr Lorentson (non-Committee Councillor)



    EXECUTIVE
    B de Chastel, Chief Executive Officer
    A Dow, Acting Director Environment and Sustainable Development


    The meeting commenced at 9.30am.




2   CONFIRMATION OF MINUTES

    Committee Resolution
    Moved:           Cr Finzel
    Seconded:        Cr Stewart
    The Minutes of the Planning & Environment Committee Meeting held on 6 April 2021 be
    received and confirmed.
                                                                  Carried unanimously.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                            Page 2 of 5

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                      11 MAY 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1   OPW20/0114 PLANNING & ENVIRONMENT COURT APPEAL NO. D209 OF 2020 -
        REFUSAL OF AN APPLICATION FOR OPERATIONAL WORKS - JETTY AT 1/4
        PORTSIDE CT, NOOSAVILLE
        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 11 May 2021 regarding Planning &
        Environment Court Appeal No. D209 of 2020 and agree to settle the appeal generally in
        accordance with the following conditions:
                Approved Plans
        1.      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
             20.046 Sheet 1 of 2    E          Site Plan prepared by Kunkel          6 August 2020
             Sheets                            Building Design
             20.046 Sheet 2 of 2    E          Floor Plan, Floor Framing Plan &      6 August 2020
             Sheets                            Typical Section prepared by Kunkel
                                               Building Design
                Currency Period
        2.      The development approval lapses if the works have not been completed and all
                conditions of approval been complied with by 20 May 2023, unless an application
                to extend the currency period is approved by Council.
                Site Specific Conditions
        3.      The approved plans must be certified by a suitably qualified Registered
                Professional Engineer of Queensland (RPEQ) as being suitable for the intended
                use prior to the commencement of construction. A copy of the certified plans must
                be submitted to Council for records purposes.
        4.      The Registered Professional Engineer of Queensland (RPEQ) bears full
                responsibility for all structural aspects of the jetty.
                General Conditions
        5.      All structures must be designed and constructed such that they are free standing
                within the waterway and are not connected to or behind the revetment wall.
        6.      All structures must have no detrimental effects on stormwater drains and/or
                easements.
        7.      Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the
                top of the revetment wall.
        8.      A rigid handrail must be fitted on one side of the walkway.
        9.      No posts or vertical supports of the proposed jetty are to extend vertically from the
                structure unless they provide necessary support for the handrail.
        10.     No boatlifting devices are to be attached or moored at the jetty structure for the
                purpose of elevating a vessel above the water without Council approval.



                                                                                        Page 3 of 5

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                    11 MAY 2021


        11.   There must be no electrical reticulation system carrying electricity in excess of 24
              volts beyond the revetment wall unless all switches and power outlets are
              positioned above the 1%AEP flood level.
        12.   Lighting associated with the use must be designed, installed, operated, and
              maintained in accordance with Section 3 of AS4282 Control of the Obtrusive
              Effects of Outdoor Lighting.
        13.   Rock scour protection, wrapped in geotextile, extends from 750mm up to
              approximately 5000mm from the face of the revetment wall in Noosa Waters. Piles
              are to be:
              a.    Located clear of this rock protection where applicable; or alternatively
              b.    Where the scour protection extends beyond 750mm:
                    i.    Prior to driving piles, the rocks are to be removed to expose the
                          geotextile and the geotextile cut neatly to allow it to be turned back.
                          During pile driving, care is to be taken to ensure the geotextile is not
                          damaged. At the completion of pile driving, the fabric is to be turned
                          down around the pile and the rocks replaced around the piles
        14.   The jetty is to be used for private purposes only with no commercial operations to
              be undertaken.
        15.   Boat repair activities are not permitted on site.
        16.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
        17.   The mooring facility must not be utilised for live-aboard purposes including short
              term accommodation.
        18.   Any construction and post construction activity is not to impact on the condition of
              the waterway, and is to be conducted so as not to breach the Environmental
              Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
        19.   Certification by a Registered Professional Engineer of Queensland that states that
              the jetty is constructed in accordance with best practice methods and is structurally
              sound must be submitted to Council. This certification must be submitted to Council
              within three (3) months of the completion of the works. A final inspection and
              approval of the structure by Council’s Inspector is also required. Please contact
              Council’s Development Assessment Branch on 5329 6500 to arrange the
              inspection.
        20.   After completion, the proposed works must be maintained in a sound state of repair
              in accordance with the approved plans
              Performance Bond
        21.   Security in the form of a cash bond or trading bank guarantee to the sum of $2500
              must be submitted to Council, to secure performance of all conditions of this
              approval, prior to commencement of 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.
                                                                          Carried unanimously.




                                                                                      Page 4 of 5

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                  11 MAY 2021


     2      MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
            CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST, NOOSA
            HEADS
            Committee Recommendation
            Moved:            Cr Stewart
            Seconded:         Cr Finzel
            That the Planning and Environment Committee Agenda Item 2 be referred to the General
            Committee due to the significance of the issue.
                                                                         Carried unanimously.



6    REPORTS FOR NOTING BY THE COMMITTEE


     3      PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH
            2021
            Committee Recommendation
            Moved:           Cr Finzel
            Seconded:        Cr Wegener
            That Council note the report by the Development Assessment Manger to the Planning &
            Environment Committee Meeting dated 11 May 2021 regarding planning applications
            that have been decided by delegated authority.
                                                                        Carried unanimously.




     4      ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE –
            3RD QUARTER 2020-21
            Committee Recommendation
            Moved:           Cr Stockwell
            Seconded:        Cr Wegener
            That Council note the report by the Acting Director Environment and Sustainable
            Development to the Planning and Environment Committee Meeting dated 11 May 2021
            providing an update on operations of the Environment and Sustainable Development
            Department for the period 1 January 2021 to 31 March 2021.
                                                                       Carried unanimously.




7    CLOSED SESSION

     Nil.




The meeting closed at 10.52am.

                                                                                    Page 5 of 5

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