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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