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2020-04-30 Ordinary Meeting Minutes

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                      MINUTES


            Ordinary Meeting

              Thursday, 30 April 2020

                    commencing at 1pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING MINUTES                                                       30 APRIL 2020


1   ATTENDANCE & APOLOGIES

    COUNCILLORS
    Councillor C Stewart, Mayor
    Councillor K Finzel
    Councillor J Jurisevic
    Councillor A Lorentson
    Councillor B Stockwell
    Councillor T Wegener
    Councillor F Wilkie

    EXECUTIVE
    B de Chastel, Chief Executive Officer
    M Shave, Director Corporate Services
    K Rawlings, Director Environment & Sustainable Development

    APOLOGIES
    Nil.

    The meeting commenced at 1.00pm.




2   CONFIRMATION OF MINUTES

    Council Resolution
    Moved:           Cr Jurisevic
    Seconded:        Cr Stockwell
    The Minutes of the Ordinary Meeting held on 19 March 2020 be received and confirmed.
                                                                        Carried unanimously.


    Council Resolution
    Moved:           Cr Wilkie
    Seconded:        Cr Lorentson
    The Minutes of the Post-Election Meeting held on 17 April 2020 be received and confirmed.
                                                                        Carried unanimously.




3   MAYORAL MINUTES

    Nil.




                                                                                Page 2 of 11

Section 3

ORDINARY MEETING MINUTES                         30 APRIL 2020


4   PETITIONS

    Nil.




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




8   CONSIDERATION OF COMMITTEE RECOMMENDATIONS

    Nil.




                                                 Page 3 of 11

Section 4

ORDINARY MEETING MINUTES                                                       30 APRIL 2020


9   ORDINARY MEETING REPORTS

    1   FINANCIAL PERFORMANCE REPORT – MARCH 2020
        Council Resolution
        Moved:           Cr Stockwell
        Seconded:        Cr Wegener
        That Council note the report by the Director Corporate Services to the Ordinary Meeting
        dated 30 April 2020 outlining March 2020 year to date financial performance against
        budget, including key financial sustainability indicators.
                                                                         Carried unanimously.


    2   MCU19/0132 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
        FOR ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION, AMUSEMENT
        & FITNESS (24 HOUR GYM) AT 24 VENTURE DRIVE, NOOSAVILLE
        Motion
        Moved:           Cr Wilkie
        Seconded:        Cr Lorentson
        That Council note the report by the Development Planner to the Ordinary Meeting dated
        30 April 2020 regarding Application No. MCU19/0132 for a Development Permit for
        Material Change of Use – Entertainment & Dining Business Type 2 Recreation,
        Amusement & Fitness (Gym), situated at 24 Venture Dr, 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, and then compliance maintained at all times while the use
                    continues.
                    Approved Plans
             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 unless otherwise amended by these conditions.
                     Plan No.     Rev.   Plan/Document Name                  Date
                     A.101        C      Site Plan, drawn by Zest Design     26/02/2020

                    Nature and Extent of Approved Use
             3.     The maximum number of patrons on site at any one time must not exceed
                    27, with up to 2 staff permitted on site at any one time.
             4.     An online booking system must be used at all times to ensure the maximum
                    number of persons on site at any one is managed and does not exceed 27
                    patrons.
             5.     The gym must be staffed at a minimum between 7am -10am and 3pm –
                    6.30pm each day to monitor patron numbers and ensure the maximum
                    patron numbers are not exceeded.
                    Bicycle Parking and End of Trip Facilities
             6.     A minimum of 5 bicycle parking spaces, 5 lockers and 2 shower cubicles
                    must be provided on site.


                                                                                Page 4 of 11

Section 5

ORDINARY MEETING MINUTES                                                          30 APRIL 2020


                  Landscaping
            7.    A minimum of 15% of the site must be retained as landscaped area and
                  landscaped in accordance with the Noosa Plan and local planning scheme
                  policy.
                  Amenity
            8.    The development must be undertaken and operated in a manner that causes
                  no detrimental effect upon the amenity of the area by reason of the creation
                  of excessive noise, lighting nuisance or other emissions.
                  Advertising Signage
            9.    Any advertising sign or device must comply with Council’s policies on
                  advertising.
                  Currency Period
            10.   The Currency Period for this development approval lapses if the use has not
                  happened by 30 April 2026, unless an application to extend the currency
                  period is approved by Council.
            11.   This development approval lapses 2 years after the commencement of the
                  use, unless further extended by Council in writing. On commencement of the
                  use written notification must be given to Council advising of the
                  commencement day.
                  ENGINEERING
                  Car Parking
            12.   A minimum of 18 car parking spaces and 4 motorcycle/motor scooter spaces
                  must be provided and marked on the site, and made available and accessible
                  at all times while the use is open for business. The works must be undertaken
                  in accordance with an Operational Works approval and must include in
                  particular:
                  a.   2 staff parking spaces within the total, which are clearly marked for that
                       purpose;
                  b.   provision of vandal resistant public lighting with intensities to satisfy the
                       requirements of Australian Standard AS1158: Public Lighting Code;
                  c.   1 disabled parking space/s within the total;
                  d.   crossfalls and gradients in accordance with Australian Standard
                       AS2890: Parking Facilities.
            13.   All car parking areas and access driveways must be maintained exclusively
                  for vehicle parking and manoeuvring and kept in a tidy and safe condition at
                  all times.
            14.   Directional signage must be provided to direct visitors and customers to the
                  car parking spaces provided on site.
            15.   All carparking must be line-marked generally as shown on drawing A.101,
                  titled “Site Plan”, Rev C, dated 26/02/2020, prepared by Zest Design.
                  Stormwater Drainage
            16.   Stormwater runoff from the development must be disposed of without
                  causing scour or damage to the subject site or any adjoining property.




                                                                                   Page 5 of 11

Section 6

ORDINARY MEETING MINUTES                                                           30 APRIL 2020


                    Electricity and Telecommunication Services
             17.    Unless otherwise stipulated by telecommunications legislation at the time of
                    construction, the development must be provided with all necessary conduits,
                    pits and pipes to accommodate the future connection of optic fibre
                    technology telecommunications.
                    Easements
             18.    Unless otherwise agreed in writing by the relevant service provider, any
                    public or third party infrastructure located on the subject site must be placed
                    within an easement registered against the title of the property.
             19.    All easements must be designed in accordance with the planning scheme
                    and granted at no cost to the Grantee. Where the Grantee is Council or a
                    service authority, the easement documentation must be in accordance with
                    the Grantee’s standard easement terms. Draft easement documentation
                    must be submitted to Council for endorsement.
             20.    All works must be kept clear of any existing or proposed easements on the
                    subject land, unless agreed otherwise in writing by the Grantee.
                    Damage to Services and Assets
             21.    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.
        B.   Find the following are sufficient grounds to justify the decision despite the conflict
             with the Planning Scheme:
             1.     Some sport and recreational uses are accepted in the Industry zone given
                    the limited potential impacts of sport and recreation uses;
             2.     The fitness centre is of a similar size and scale to other approved gyms within
                    the Noosaville Industrial area; and
             3.     The proposed gym is consistent with the outcomes sought for the Venture
                    Drive Enterprise Precinct under the draft planning scheme.
        C.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.

        Amendment
        Moved:            Cr Stockwell
        Seconded:         Cr Jurisevic
        That item 11 be amended to read:
        11. This development approval lapses 1 year after the commencement of the use,
              unless further extended by Council in writing. On commencement of the use written
              notification must be given to Council advising of the commencement day.
        For:         Crs. Stockwell and Finzel.
        Against: Crs. Stewart, Lorentson, Jurisevic, Wegener and Wilkie.
                                                                                         Lost.

                                                                                    Page 6 of 11

Section 7

ORDINARY MEETING MINUTES                                                          30 APRIL 2020


        Council Resolution
        Moved:            Cr Wilkie
        Seconded:         Cr Lorentson
        That Council note the report by the Development Planner to the Ordinary Meeting dated
        30 April 2020 regarding Application No. MCU19/0132 for a Development Permit for
        Material Change of Use – Entertainment & Dining Business Type 2 Recreation,
        Amusement & Fitness (Gym), situated at 24 Venture Dr, Noosaville and:
        A.   Approve the application in accordance with the conditions contained in the
             Ordinary Meeting Agenda dated 30 April 2020.
        B.   Find the following are sufficient grounds to justify the decision despite the conflict
             with the Planning Scheme:
             1.     Some sport and recreational uses are accepted in the Industry zone given
                    the limited potential impacts of sport and recreation uses;
             2.     The fitness centre is of a similar size and scale to other approved gyms within
                    the Noosaville Industrial area; and
             3.     The proposed gym is consistent with the outcomes sought for the Venture
                    Drive Enterprise Precinct under the draft planning scheme.
        C.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.
                                                                      Carried unanimously.



    3   MCU19/0066 - MATERIAL CHANGE OF USE – COMMERCIAL BUSINESS - TYPE 1
        OFFICE AT 2197 DAVID LOW WAY, PEREGIAN BEACH
        Council Resolution
        Moved:            Cr Wilkie
        Seconded:         Cr Lorentson
        That Council note the report by the Coordinator Planning to the Ordinary Meeting dated
        30 April 2020 regarding Application No. MCU19/0066 for a Development Permit for
        Material Change of Use - Commercial Business - Type 1 Office situated at 2197 David
        Low Way, Peregian Beach and:
        A.   Approve the application in accordance with the conditions contained in the
             Ordinary Meeting Agenda dated 30 April 2020.
        B.   Find the following matters relevant to the assessment and sufficient reason to
             approve the application:
             1.     The site has not been used for residential purposes for a significant period
                    of time as it obtained a building approval for a Kiosk in 1969 and planning
                    approval for a Nursery in 1972.
             2.     The proposal will not result in additional commercial use area as it utilises
                    part of an existing building associated with an existing lawful commercial use.
             3.     The proposed use will not result in any significant new or additional impacts
                    on the surrounding residential amenity.
        C.   Note the report is provided in accordance with Section 63(5) of the Planning Act
             2016.
                                                                          Carried unanimously.


                                                                                   Page 7 of 11

Section 8

ORDINARY MEETING MINUTES                                                                   30 APRIL 2020


    4   MCU18/0166 - PLANNING & ENVIRONMENT COURT APPEAL NO DB897 OF 2020
        – REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR SERVICE &
        UTILITY - TYPE 3 (TOWER) AT 244 TABLELANDS ROAD, COORAN
        Cr Finzel declared a real conflict of interest in this matter (as defined in section 175D of the Local
        Government Act 2009) as prior to her election to Council she signed a petition relating to this
        application. Cr Finzel left the meeting room for the debate and decision on this matter.

        Cr Wegener declared a real conflict of interest in this matter (as defined in section 175D of the
        Local Government Act 2009) as he currently has an NBN tower located on his property and
        receives income from NBN via a lease arrangement. Cr Wegener left the meeting room for the
        debate and decision on this matter.

        Council Resolution
        Moved:              Cr Lorentson
        Seconded:           Cr Wilkie
        That Council note the report by the Development Planner to the Ordinary Meeting dated
        30 April 2020 regarding Planning & Environment Court Appeal No. DB897 of 2020 and
        defer consideration of the matter to the May round of meetings to allow Councillors to
        obtain further information.
                                                                       Carried unanimously.
        Cr Finzel and Cr Wegener returned to the meeting.




    5   RAL18/0023 - PLANNING & ENVIRONMENT COURT APPEAL NO 765 OF 2020 –
        REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 INTO 23 LOTS) AT
        28 EENIE CREEK ROAD, NOOSAVILLE
        Refer to Item 10 - Closed Session.




    6   COUNCIL MEETING STRUCTURE AND TIMETABLE
        Council Resolution
        Moved:              Cr Stewart
        Seconded:           Cr Wilkie
        That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated
        30 April 2020 regarding the Council meeting structure and timetable for the remainder of
        2020 and:
        A.    Approve the re-establishment of the Planning and Environment Committee, the
              Services and Organisation Committee, and the General Committee as Standing
              Committees under section 264 of the Local Government Regulation 2012, with the
              relevant roles and responsibilities identified in the Chief Executive Officer’s report;
        B.    Appoint the following Councillors to each of the Committees:
                    Planning and Environment Committee
                     Mayor Stewart
                     Councillor Stockwell
                     Councillor Wegener
                     Councillor Finzel

                                                                                            Page 8 of 11

Section 9

ORDINARY MEETING MINUTES                                                       30 APRIL 2020


                 Services and Organisation Committee
                  Mayor Stewart
                  Councillor Jurisevic
                  Councillor Lorentson
                  Councillor Wilkie
                 General Committee
                  The Mayor and all Councillors
        C.   Appoint the following Chairpersons to the Standing Committees:
                 General Committee – Councillor Wilkie
                 Planning and Environment Committee – Councillor Stockwell
                 Services and Organisation Committee – Councillor Jurisevic
        D.   Note that Council can amend its decision-making structure, membership of
             Committees or Chairpersons of Committees as it requires, by resolution, from time
             to time;
        E.   Adopt the times and dates of future meetings of the Council and Committees in
             accordance with the Meeting Calendar 2020 shown at Attachment 1 to the report,
             with meetings to be held at the Council Chambers at Tewantin unless otherwise
             determined by Council; and
        F.   Note that due to the COVID-19 Pandemic, Ordinary Meetings, Special Meetings
             and Standing Committee meetings can be held by teleconference / video-
             conference and undertaken without the public present if required on the basis that
             Council and Committee meetings can be livestreamed.
                                                                       Carried unanimously.




                                                                                Page 9 of 11

Section 10

ORDINARY MEETING MINUTES                                                           30 APRIL 2020


10   CLOSED SESSION

     CLOSURE OF THE MEETING TO THE PUBLIC

     Council Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Wegener
     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 Ordinary Meeting Agenda Item 5 – RAL18/0023
     – Planning & Environment Court Appeal No. 765 of 2020 – Refusal of Application for
     Reconfiguring a Lot (1 into 23 Lots) at 28 Eenie Creek Road, Noosaville.
                                                                           Carried unanimously.

     RE-OPENING OF THE MEETING TO THE PUBLIC

     Council Resolution
     Moved:           Cr Stockwell
     Seconded:        Cr Jurisevic
     That the meeting be re-opened to the public.
                                                                           Carried unanimously.


     5    RAL18/0023 - PLANNING & ENVIRONMENT COURT APPEAL NO 765 OF 2020 –
          REFUSAL OF APPLICATION FOR RECONFIGURING A LOT (1 INTO 23 LOTS) AT
          28 EENIE CREEK ROAD, NOOSAVILLE
          Council Resolution
          Moved:            Cr Wilkie
          Seconded:         Cr Stockwell
          That Council note the report by the Manager Development Assessment to the Ordinary
          Meeting dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of
          2020 and:
          A.     Agree to defend the appeal; and
          B.     Note the progress of the mediation process and request the Chief Executive Officer
                 to provide a further report to the Council on the outcome of the mediation process
                 once that mediation process has been concluded; and
          C.     Request the CEO to arrange for a briefing of the Council on the background of this
                 application.

          For:        Crs. Stewart, Jurisevic, Wegener, Stockwell, Wilkie and Finzel
          Against:    Cr Lorentson
                                                                                          Carried.




                                                                                  Page 10 of 11

Section 11

ORDINARY MEETING MINUTES                                                      30 APRIL 2020


11   PUBLIC QUESTION TIME

     Nil.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 21 May 2020 at the Council Chambers, 9 Pelican
     Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE

     The meeting closed at 3.25pm.




                                                                             Page 11 of 11

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