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2021-10-12 Planning Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


              Tuesday, 12 October 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                         12 OCTOBER 2021


1.   ATTENDANCE & APOLOGIES
     COUNCILLORS
     Cr Brian Stockwell (Chair)
     Cr Karen Finzel
     Cr Tom Wegener
     Cr Clare Stewart

     Cr Lorentson (non-Committee Councillor – for reports 1, 3-7,9-10)



     EXECUTIVE
     B de Chastel, Chief Executive Officer
     A Dow, Acting Director Environment & Sustainable Development
     T Grauf, Acting Director Corporate Services (for report 1-2)

     The meeting commenced at 9.33 am.



2.   CONFIRMATION OF MINUTES
     Committee Resolution
     Moved:           Cr Stewart
     Seconded:        Cr Wegener
     The Minutes of the Planning & Environment Committee Meeting held on 7 September 2021 be
     received and confirmed.
                                                                       Carried unanimously.




3.   PRESENTATIONS

     Nil.




4.   DEPUTATIONS

     Nil.




                                                                                Page 2 of 7

Section 3

    PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                            12 OCTOBER 2021


    5.   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1    CLIMATE CHANGE RESPONSE PLAN                   COMMUNITY       REFERENCE       GROUP     –
         EXPRESSION OF INTEREST OUTCOME
         Committee Recommendation
         Moved:           Cr Finzel
         Seconded:        Cr Wegener
         That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
         due to the significance of the issue.
                                                                            Carried unanimously.


    2    PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
         ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
         Committee Recommendation
         Moved:           Cr Finzel
         Seconded:        Cr Stewart
         That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
         due to the significance of the issue.
                                                                            Carried unanimously.


3        51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
         DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
         Committee Recommendation
         Moved:           Cr Stewart
         Seconded:        Cr Wegener
         That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
         due to the significance of the issue.
                                                                            Carried unanimously.


    4    MCU18/0009.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
         CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT & SPECIAL NEEDS AT
         186 COOROY-NOOSA ROAD & 4 CARRAMAR ST, TEWANTIN
         Committee Recommendation
         Moved:           Cr Stewart
         Seconded:        Cr Wegener
         That Council note the report by the Development Planner to the Planning & Environment
         Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0009.04 for a
         Minor Change to a Development Permit for Material Change of Use - Residential Care Facility
         situated at 186 Cooroy Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
         A.   Approve the change.
         B.   Amend condition 1 to read as follows:



                                                                                        Page 3 of 7

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                     12 OCTOBER 2021


         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
     A101A                  Existing Part Site Plan by Middap Architecture               Feb 2019
     A102A                  Proposed Site Works Plan by Middap Architecture              Feb 2019
     A103B           B      Proposed Building Plan by Middap Architecture                Feb 2019
     A104B           B      Site Plan with Section and Elevation References by Middap    18.03.2019
                            Architecture

     A105B           B      Site Elevations by Middap Architecture                       18.03.2019
     A106B           B      Typical Villa Sections by Middap Architecture                18.03.2019
     A201B           B      Villas and Service Core Floor and Roof Plan by Middap        18.03.2019
                            Architecture

     A202B           B      Proposed Villas and Service Core 3D Views by Middap          18.03.2019
                            Architecture

     A203A                  Proposed Entry Building Floor and Roof Plan by Middap        18.03.2019
                            Architecture

     A204A                  Proposed Entry Building Elevations and 3D Views by Middap 18.03.2019
                            Architecture

     A205B           B      Proposed Villa 1 and 2 Floor and Roof Plan by Middap         18.03.2019
                            Architecture

     A206B           B      Proposed Villa 1 and 2 Elevation and 3D Views by Middap      18.03.2019
                            Architecture

     A207A                  Proposed Villa 3 and 4 Floor and Roof Plan by Middap         18.03.2019
                            Architecture
     A208A                  Proposed Villa 3 and 4 Elevation and 3D Views by Middap      18.03.2019
                            Architecture
     1                      PART SITE PLAN                                               Received by
                                                                                         Council on
                                                                                         03.04.2020
     2                      BOUNDARY ELEVATION                                           Received by
                                                                                         Council on
                                                                                         03.04.2020
     1714-20         I      Design Features Plan 1 of 7 by Callaghan & Toth Civil,       November
                            Environmental & Hydraulic Engineers                          2020

     1714-27         I      Design Setout Plan 1 of 6 by Callaghan & Toth Civil,         November
                            Environmental & Hydraulic Engineers                          2020

     16519-C101      D      Proposed Permanent and Event Day Parking prepared by         08.09.20
                            TOD Engineers & Project Managers as amended in red by
                            Council
     CD01 P4                Site Plan, prepared by Middap Architecture                   March 2019
     CD 02 - P4             Floor Plan, prepared by Middap Architecture                  July 2021

    C.   Include additional Conditions 55, 56 and 57 to read as follows:
         Sunset period for temporary staff accommodation.


                                                                                           Page 4 of 7

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                             12 OCTOBER 2021


         55.    This development approval for 2 temporary accommodation units lapses on 21
                October 2026, unless an application to extend the approval is approved by Council.
         56.    The 2 temporary accommodation units must be for the primary use of staff of the
                residential care facility.
         57.    The 2 temporary staff accommodation units must be connected to the approved
                stormwater water management system on site. An updated stormwater
                management plan incorporating the units must be submitted to Council prior to the
                issue of a Building approval.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.


5   MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
    DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
    OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION, SITUATED AT
    1 & 2/10 HILL ST SUNSHINE BEACH        INF ORM ATION




    Committee Recommendation
    Moved:          Cr Wegener
    Seconded:       Cr Finzel
    That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.


6   MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
    APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT TERM
    ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES, SUNSHINE BEACH
    Committee Recommendation
    Moved:          Cr Stockwell
    Seconded:       Cr Finzel
    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.


7   RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A JIRRIMA
    CRES, COOROIBAH
    Committee Recommendation
    Moved:           Cr Finzel
    Seconded:        Cr Wegener
    That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
    due to the significance of the issue.
                                                                       Carried unanimously.




                                                                                     Page 5 of 7

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                          12 OCTOBER 2021


6.   REPORTS FOR NOTING BY THE COMMITTEE


8    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – AUGUST 2021
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a prescribed conflict of interest in this matter:
     I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in regard to
     Item 1, Application ID 51986.3023.03 by Natani Design Pty Ltd. In April 2021 I engaged Natani Design
     Pty Ltd to design my private residence at Boreen Point for an amount of $4,510. This arrangement is
     currently active. As a result of my conflict of interest, I will now leave the meeting room while the matter
     is considered and voted on.

     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I have a
     close personal relationship with Craig Anthony Tindale and Michelle Tindale listed in the report at Item
     99, Application No. SPS21/0247; and Sean Patrick Hunt and Kirsten Renee Schacht listed in the report
     at Item 109, Application ID SPS21/0262. Although I have a declarable conflict of Interest. I do not
     believe a reasonable person could have a perception of bias because I believe Council’s consideration
     of these applications are not to approve or reject them, they are only for noting that a decision has
     already been made by staff. Therefore, I will choose to remain in the meeting room. However, I will
     respect the decision of the meeting on whether I can remain in and participate in the decision.

     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due to my
     association with Andrew James St Baker, listed in the report at Item 110, Application No. SPS21/0263.
     I am a surfboard manufacturer and Mr St Baker is an owner of Thomas Surfboards and the Thomas
     Factory. I believe Mr. St Baker has had a fantastic influence on manufacturing in Noosa. In Council I
     have often congratulated the Thomas Factory and I have discussed the emerging Enterprise Business
     Zones which Mr. St Baker supports. During the Campaign Mr. St Baker allowed me to put an election
     core flute at the Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had
     two discussions of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at
     his house, which is right above the surf break. Although I have a declarable conflict of interest, I do not
     believe a reasonable person could have a perception of bias because I believe I do not have a close
     personal relationship with Mr St Baker and Council’s consideration of this application is not to approve
     or reject it, only for noting that a decision has already been made by staff. Therefore, I will choose to
     remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain
     in and participate in the decision.

     As the only remaining councillor without a conflict of interest, Cr Finzel assumed the chair. The CEO
     advised that under the Local Government Act, Cr Finzel was able to make the decision on the declarable
     conflicts of interest of the other Councillors.

     Committee Resolution
     Moved:             Cr Finzel
     Seconded:          NA
     That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
     interest that Cr Stewart participates and votes on this matter because Council believes that although Cr
     Stewart has a personal relationship with Craig Anthony Tindale and Michelle Tindale and Sean Patrick
     Hunt and Kirsten Renee Schacht, Council’s consideration of these applications is not to approve or
     reject them, but only for noting that a decision has already been made by staff therefore a reasonable
     person would trust that the final decision is made in the public interest.
                                                                                         Carried unanimously.
     Cr Stewart and Cr Wegener did not vote on the above motion.



                                                                                                    Page 6 of 7

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                        12 OCTOBER 2021


     Committee Resolution
     Moved:            Cr Finzel
     Seconded:         NA
     That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
     interest that Cr Wegener participates and votes on this matter because Council believes that although
     Cr Wegener has a personal relationship Andrew James St Baker, Council’s consideration of these
     applications is not to approve or reject them, but only for noting that a decision has already been made
     by staff therefore a reasonable person would trust that the final decision is made in the public interest.
                                                                                    Carried unanimously.
     Cr Stewart and Cr Wegener did not vote on the above motion.

     Committee Recommendation
     Moved:             Cr Stewart
     Seconded:          Cr Wegener
     That Council note the report by the Development Assessment Manger to the Planning &
     Environment Committee Meeting dated 12 October 2021 regarding planning applications that
     have been decided by delegated authority.
                                                                      Carried unanimously.
     Cr Stockwell returned to the meeting.


9    DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JANUARY TO
     30 JUNE 2021
     Committee Recommendation
     Moved:             Cr Stewart
     Seconded:          Cr Finzel
     That Council note the report by the Manger Development Assessment to Planning &
     Environment Committee Meeting dated 12 October 2021 regarding waiver or partial waiver of
     development application fees for 1 January to 30 June 2021 as detailed in the Report
                                                                                    Carried unanimously.


10   PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
     Committee Recommendation
     Moved:             Cr Stockwell
     Seconded:          Cr Finzel
     That Planning & Environment Committee Agenda Item 10 be referred to the General
     Committee due to the significance of the issue.
                                                               Carried unanimously.


7.   CLOSED SESSION
     Nil.

The meeting closed at 11.10 am.




                                                                                                 Page 7 of 7

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