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2017-09-18 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                               18 SEPTEMBER 2017



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


1   MCU17/0025 & OPW17/0095 – DEVELOPMENT APPLICATION FOR MATERIAL
    CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF
    STORAGE FACILITY), OPERATIONAL WORKS (ADVERTISING DEVICES) AT 62 AND
    64-66 RENE STREET, NOOSAVILLE
    Committee Recommendation
    Moved:          Cr Jurisevic
    Seconded:       Cr Jackson
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 September 2017 regarding Application No. MCU17/0025 &
    OPW17/0095 for a Development Permit for Material Change of Use for Industrial Business
    Type 1 Warehouse (Self-Storage Facility) and Development Permit for Operational Works
    (Advertising Devices) situated at 62 and 64-66 Rene Street, Noosaville and:
    A.   Approve the application in accordance with the following conditions contained in the
         Planning & Environment Committee Meeting Agenda dated 12 September 2017.
    B.   Agree to the use of the existing lane between 62 and 64-66 Rene Street for access
         purposes for the development.
                                                                                      Carried.


2   51994.1353.01 REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR A
    RESTAURANT AND OUTDOOR DINING AREA FOR 5/50 HASTINGS STREET, NOOSA
    HEADS
    Committee Recommendation
    Moved:          Cr Stockwell
    Seconded:       Cr Wellington
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 12 September 2017 and refuse regarding Application No.
    51994.1353.01 for a Development Permit for Restaurant and Outdoor Dining Area, situated
    at 5/50 Hastings Street Noosa Heads for the following reasonsand:
    1.   The proposal does not constitute a permissible change as it would result in a
         substantially different development due to the proposed increase in site cover, built
         form and reduced setbacks.
    2.   The proposal is not consistent with the Overall Outcomes and Specific Outcomes of
         the Noosa Heads Locality as the reduced setback to Noosa Drive and the increased
         site cover result in a development which is inconsistent with the intended streetscape
         and the surrounding character.



                                                                                   Page 1 of 7
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                   18 SEPTEMBER 2017


     3.     The proposal is not consistent with Driveways and Car Parking Code due to the
            absence of additional car parking and the increase in use area.
     A.     Defer consideration of the application to allow the applicant to provide amended plans
            reducing the proposed site cover and improving the proposed addition’s presentation
            to Hastings Street; and
     B.     Delegate the matter to Council officers to decide where the amended plans
            satisfactorily address the issues raised.
                                                                                          Carried.


CLOSURE OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved:           Cr Wellington
Seconded:        Cr Jurisevic
That the meeting be closed to the public pursuant to section 275(1)(f) of the Local Government
Regulation 2012 for the purpose of discussing Item 3 – OPW16/0016 – Planning & Environment
Court Appeal 281/2017 Refusal of Development Permit for Operational Works – Prescribed Tidal
Works Situated at 2 Parkyn Court, Tewantin.
                                                                                          Carried.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved:           Cr Wellington
Seconded:        Cr Pardon
That the meeting be re-opened to the public.
                                                                                          Carried.


3    OPW16/0016 – PLANNING &
     ENVIRONMENT COURT APPEAL 281/2017 REFUSAL OF DEVELOPMENT PERMIT FOR
     OPERATIONAL WORKS – PRESCRIBED TIDAL WORKS SITUATED AT 2 PARKYN
     COURT, TEWANTIN
     Committee Recommendation
     Moved:            Cr Jackson
     Seconded:         Cr Pardon
     That Council note the report by the Manager, Development Assessment to the Planning &
     Environment Committee Meeting dated 12 September 2017 regarding Planning &
     Environment Court Appeal 281/2017 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.

                                                                                      Page 2 of 7

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                 18 SEPTEMBER 2017



          Plan No.       Rev.   Plan/Document Name                                     Date

          4901-SK3       E      Indicative New Deck Layout prepared by International   14 July 2017
                                Marina Consultants

          4901-301       A      General Arrangement and Elevation 5m Option            4 August 2017

          4901-302              Elevation and Sections 5m Option                       4 August 2017

          3D View 1             Proposed New Northern Deck Extension at Noosa          14 August 2017
                                Marina, Tewantin. Qld. - Artist Impression

          3D View 2             Proposed New Northern Deck Extension at Noosa          14 August 2017
                                Marina, Tewantin. Qld. - Artist Impression

         Deck Extension Design
    2.   The deck extension must be constructed of materials as depicted on the 3D View 1
         and 2 prepared by Peter Morrison and dated 14 August 2017 including open and
         transparent balustrades with timber post uprights,; and timber decking; and timber
         ramps and approaches.
         Prior to Commencement of Works
    3.   All necessary State government approvals relating to this development must be
         obtained prior to any works commencing on the site.
    4.   A complete set of amended structural design plans, duly signed by the consultant
         Registered Professional Engineer of Queensland (RPEQ) must be provided to
         Council’s Engineering Officer Construction at the “pre start” meeting
    5.   A site control and/or compliance bond of $5,000 is to be submitted to Council prior to
         the pre-start meeting. The pre-start meeting will only be held once Council's
         Construction Engineering Officer has confirmation that the bond monies have been
         received by Council.
         The bond will be refunded less any costs incurred by Council in ensuring compliance
         with these conditions or any additional inspections incurred for substandard work or
         work undertaken not in accordance with this permit.
    6.   All necessary approvals from external service providers (eg Unitywater) and external
         parties on which the development works are proposed have been obtained and a copy
         supplied to Council.
    7.   A condition report including photographs of the frontage of the site must be completed
         and submitted to council at the prestart meeting / prior to any works commencing.
    8.   Certificates demonstrating currency of public liability insurance and works insurance
         covering the works must be submitted to Council at the prestart meeting.
    9.   Council must be contacted at least 5 working days prior to any works commencing to
         organise a prestart. The contact number to arrange a pre-start meeting is 5329 6245.
         The pre-start meeting must include the relevant parties for the following aspects of the
         works:
         a.    Civil engineering works;
         b.    Other relevant parties

                                                                                       Page 3 of 7

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                  18 SEPTEMBER 2017


    10.   A Construction Management Plan must be submitted to Council at least 5 working days
          prior to the pre-start meeting and must specifically address the following:
          a.   Traffic Management during all aspects of the construct phase including:
               i.     A 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 pedestrian access across the frontage of the site both
                      during daily construction and after daily construction has ceased
               iii.   Proposed fencing to the site during the construction phase of the
                      development
               iv.    Adequate parking arrangements for construction workers
               v.     No queuing of trucks is permitted on residential streets, especially prior to
                      7.00am. Further parked trucks must have engines turned off
          b.   Works programme identifying key components of the works and their respective
               durations
          c.   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
          d.   identification of complaint management procedures including:
               i.     contact details for the on-site manager
               ii.    dispute resolution procedures
          During Construction
    11.   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.
    12.   All works must be supervised by a Registered Professional Engineer of Queensland
          (RPEQ) who is independent of the Developer and Principal Contractor, and they must
          certify that all works conform to the permit.
    13.   Safe pedestrian access on all streets in the vicinity of the development must be
          maintained at all times. Should footpath/road closures be necessary to carry out
          construction works, Council must be notified prior to the proposed closure and all
          requirements complied with.
    14.   All structures associated with the boardwalk must be constructed wholly within the
          approved area.
    15.   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 or rock wall.
    16.   All structures must have no detrimental effects on stormwater drains and/or
          easements.
    17.   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.
                                                                                      Page 4 of 7

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                    18 SEPTEMBER 2017


    18.   Boat repair activities are not permitted on site.
    19.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
    20.   Any mooring facility must not be utilised for live-aboard purposes.
    21.   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.
    22.   Certification by a Registered Professional Engineer of Queensland that states that the
          boardwalk is constructed in accordance with best practice methods and is structurally
          sound must be submitted to Council prior to the return of any bond monies held by
          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 Planning Assessment Section
          (Development Audit & Response Officer 0428738563) to arrange the inspection.
    23.   This approval lapses where the construction of the boardwalk has not commenced
          within two (2) years of the date of issue of the approval, unless application is made and
          approved by Council for an extension.
          Environment
    24.   Prescribed Water Contaminants (as defined in the Environmental Protection Act 1994)
          must not be released from the site or to waters within the site, or be likely to be released
          should rainfall occur, unless all reasonable and practicable measures are taken to
          prevent or minimise the release and concentration of contamination.
          Damage to Services and Assets
    25.   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.
          After Construction
    26.   After completion, the proposed works must be maintained in a sound state of repair in
          accordance with the approved plans.
    27.   The approval of the development does not approve or authorise any use of the
          boardwalk for commercial purposes including but not limited to outdoor dining, wedding
          ceremonies/receptions, markets, display or storage of goods etc.
    28.   The balustrading shown on the approved plans must be constructed and maintained
          at all times to prevent and discourage adjacent tenancies encroaching on to the deck.
    29.   The deck must be unroofed, with no umbrellas, sails or the like erected or constructed.
    30.   The deck must be available to the public for recreational use including fishing.
                                                                                            Carried.




                                                                                         Page 5 of 7

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     18 SEPTEMBER 2017


4   QUEENSLAND ENVIRONMENTAL PROTECTION POLICY CHANGES CONSULTATION
    Committee Recommendation
    Moved:            Cr Jackson
    Seconded:         Cr Jurisevic
    That Council note the report by the Environment Officer to the General Committee Meeting
    dated 18 September 2017 regarding proposed changes to the Queensland Environmental
    Protection Policy and agree to make a submission to the Department of Environment and
    Heritage Protection as outlined in Section 6 of this report.
                                                                                             Carried.


5   ZERO EMISSIONS NOOSA ORGANISATIONAL STRATEGY
    Motion
    Moved:            Cr Wellington
    Seconded:         Cr Jurisevic
    That Council note the report by the Carbon Reduction Project Officer to the General
    Committee Meeting dated 18 September 2017 providing a summary of the activities
    undertaken in accordance with Council’s Zero Emissions Noosa Organisational Strategy.
    Amendment
    Moved:            Cr Stockwell
    Seconded:         Cr Pardon
    That the following words be added to the motion “and request the CEO to provide a further
    report to Council exploring options for the installation of priority actions including solar at the
    Cooroy Library, Noosa Leisure Centre and lighting at The J”.
                                                                                                 Lost.
    Committee Recommendation
    Moved:            Cr Wellington
    Seconded:         Cr Jurisevic
    That Council note the report by the Carbon Reduction Project Officer to the General
    Committee Meeting dated 18 September 2017 providing a summary of the activities
    undertaken in accordance with Council’s Zero Emissions Noosa Organisational Strategy.
                                                                                             Carried.


6   FINANCIAL PERFORMANCE REPORT - AUGUST 2017
    Committee Recommendation
    Moved:            Cr Wilkie
    Seconded:         Cr Jurisevic
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 18 September 2017 providing results of August 2017 financial performance
    against budget.
                                                                                             Carried.
                                                                                          Page 6 of 7

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                              18 SEPTEMBER 2017


7   1617T130 PEREGIAN BEACH DIGITAL HUB - TENDER ACCEPTANCE
    Committee Recommendation
    Moved:          Cr Wellington
    Seconded:       Cr Jackson
    That Council note the report by the Economic Development Manager to the General
    Committee Meeting dated 18 September 2017 and award regarding tender 1617T130 for the
    provision of Management Services – Peregian Beach Digital Hub to Digital Precinct Pty Ltd
    subject to the finalisation of a detailed Management Agreement negotiated and signed by
    the CEO.and:
    A.   Notify tender submitters that a decision on tender 1617T130 is on hold while Noosa
         Council further considers the business case of the Peregian Digital Hub project; and
    B.   Request the CEO to arrange for advice to be provided to Council on strategies to meet
         Council’s broad intentions for the Peregian Digital Hub.
                                                                                     Carried.




                                                                                  Page 7 of 7

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