GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023 · Committee to Council report

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ORDINARY MEETING                                                               16 NOVEMBER 2023


That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 7 November 2023 regarding Application No. MCU22/0118 for a Development Permit
for Material Change of Use - Short-term accommodation, situated at 94 & 142 Noosa Dr, Noosa
Heads and:
A.      Refuse the application for the following reasons:
1. The proposed development has failed to demonstrate a significant planning need to develop
outside of Noosa Plan 2020's urban boundary, particularly at the density and height proposed and
is inconsistent with the local landscape character. No overriding community benefit been
demonstrated, which would justify approval despite its conflict with the planning scheme.
2. Valid planning grounds have been raised by submitters that the proposal will result in an
unacceptable impact on the biodiversity of the locality. Further, the development exceeds what a
community member could reasonably expect to be developed outside of the Urban Boundary and
within the Environmental Management and Conservation Zone.
3.      The proposed development of the subject land is inappropriate, in circumstances where:
(a) The proposed development seeks to expand the existing resort complex in circumstances
where part of that land is located outside of the urban boundary in Noosa Plan 2020;
(b) The proponent seeks to utilise the land for Short-term accommodation, which is an inconsistent
use in the Environmental Management and Conservation zone;
(c) The proposed development is an overdevelopment of the land at the expense of the natural
values of the land, as the proposal would result in unacceptable clearing of vegetation in an
ecologically important and environmentally sensitive area, including proposed development located
on mapped Areas of Biodiversity Significance, Matters of State Environmental Significance (MSES)
Environmental Values and Riparian Buffer Area under the Biodiversity, Waterways and Wetlands
Overlay and mapped Core Koala Habitat area;
(d) The stormwater treatment proposed is not of a sufficient size to achieve the water quality
objectives and protection of biodiversity areas required under the Water Quality and Drainage Code.
(e) The built form of the proposed development is unacceptable, being slightly over height in metres
in the Tourist Accommodation zone and substantially over height in metres and storeys in the
Environmental Management and Conservation zone.
In respect of the above, the proposed development is inconsistent with the following provisions of
Noosa Plan 2020:
(i)     Strategic Framework – 3.2.2, 3.2.5, 3.3.1(b) and 3.3.4(b)(p);
(ii) Biodiversity, Waterways and Wetlands Overlay Code – 8.2.2.2(2)(a), (b), (c), (d), (e), (f), (g),
(h) and (i) Table 8.2.23 PO1, PO3, PO6 and PO11;
(iii)    Water Quality and Drainage Code – 9.4.82(2)(a) and (b) and Table 9.4.8.3 PO6;
(iv) Noosa Heads Local Plan Code – Overall Outcomes (2)(b)(d)(e) and (ad) and Table 7.2.5.3
PO4, PO5, PO6 and PO26;
(v) Environmental Management and Conservation Zone Code – Overall Outcomes (2)(a) and (b),
Table 6.7.1.3 PO1, PO5, PO7, PO8, PO9, PO11 and PO13;
(vi) Tourist Accommodation Zone Code - Table 6.3.4.3 PO9 and PO10.
4. When read as a whole, the South East Queensland Regional Plan 2017 (SEQRP) does not lend
support to the proposed use of the land, as:
4.1. the SEQRP sets a long term, 50-year vision, establishing aspirations for the region up to 2067.
Given this, the timing and sequencing of urban development occurring within the Urban Footprint is
a finer grained detail, the planning for which is implemented through local government planning
schemes;

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ORDINARY MEETING                                                               16 NOVEMBER 2023


4.2. the designation of land as being within the Urban Footprint does not imply that all that land
with that designation can be developed for urban purposes; and
4.3. when assessed against Noosa Plan 2020, the proposed development is not suitable for urban
development.
5.   The following relevant matters support refusal:
5.1. The proposed development will involve an unacceptable loss of vegetation in a locality which
is an ecologically important and environmentally sensitive and serves as an important ecological
linkage,
5.2. There is no planning, economic or community need for the proposed development on the
subject land.
5.3. Approval of the proposed development would not be in the public interest as reflected in the
provisions of Noosa Plan 2020 referred to in these reasons for refusal.
B. That the CEO be requested to review the zone and urban boundaries as part of a future review
of the Planning Scheme; and
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201
MARY RIVER RD, COOROY (Referred from Planning & Environment Committee dated 7
November 2023 - Item 5.2)
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other
change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and
Drink Outlet, situated at 201 Mary River Rd, Cooroy and:
A.   Approve, in part, only (with amended Condition 2) and part refusal.
B.   Approve the change to Condition 2 as outlined in Attachment 1.
C.   Refuse the Food and Drink Outlet component of the application for the following reasons:
1. This element of the proposal does not advance the elements and strategies of the South East
Queensland Regional Plan as it does not value add to the site’s on-farm agricultural activities.
2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic Framework,
Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
a) The proposal is not a rural activity or a rural enterprise and such uses are intended to be located
in business centres to contribute to their vibrancy.
b) The proposal does not value add to the site’s rural activities, would be the primary use on the
site and is in no way ancillary to the approved roadside stall.
c) The proposal predominantly caters to passing trade, largely locals in the area, and has only a
limited tourism focus.
3. This element of the proposal is not consistent with overall outcomes (b), (i) and performance
outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as:
a)   The proposed use is located outside the urban boundary and the Cooroy town centre.
b) The proposed use will adversely interrupt the landscape character and visual amenity of Mary
River Road, being very different to uses envisaged in rural areas of the Shire.
4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance outcomes
PO1, PO5 & PO13 of the Rural Zone Code as:

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ORDINARY MEETING                                                                 16 NOVEMBER 2023


a) The proposal is not a rural activity, it is an urban activity, and will not value add to goods
produced on site.
b) The proposal does not have an indelible connection to the rural or ecological values of the site
and is more appropriately located in an urban area.
c) There is no overriding community benefit for the food and drink outlet to be located on the site,
with no particular circumstances relevant that warrant the proposal.
d) The proposal will detract from the scenic amenity of Mary River Road being part of the major
road network for the Shire.
5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11,
PO12, PO13 of the Business Activities Code as:
a) The proposal is a type of business activity that is at odds and is not compatible with the purpose
of the site’s rural zoning.
b) The proposal seeks to locate a business activity outside the business centres shown in the
Noosa Shire Centres Hierarchy.
c) The proposed food and drink outlet is a use that is not typically expected to be found in the rural
areas of the Shire.
d) The proposal is adversely impacting the amenity of nearby residents, with its early and week-
end operating hours, uncoordinated and uncontrolled carparking on the road reserve and coffee
shop customers coming and going from the site.
6. This element of the proposal is contrary to overall outcome (b) and performance outcome PO6
of the Driveways and Parking Code and overall outcome (e) and performance outcome PO16 of the
Business Activities Code as the proposed on-site car parking is insufficient to accommodate the
number of vehicles generated by the development.
D.   Refuse to amend Condition 4 of the development approval for the following reason:
7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code
as the requested change includes the sale of food and beverages that are not ancillary to a bona
fide cropping or animal husbandry use on site.
E.   Refuse to delete Conditions 5 and 7 of the development approval for the following reasons:
8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code
as the request to delete these conditions relates to the proposal for a food and drink outlet to operate
from the site which is not supported. Any provision for the tasting of foods and beverages proposed
to be produced on site would not be ancillary to a bona fide cropping or animal husbandry use on
site.
F. Advise the applicant that the food and drink outlet must cease operating from the site within 3
months of the date of Council’s decision, with any unapproved structures removed.
G. Advise the applicant that the roasting of coffee beans on site must cease within 3 months of the
date of Council’s decision, and to lodge a subsequent code assessable development application for
a Material Change of Use – Home-based Business (coffee roasting).
H.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
I.   Authorise the CEO to work with the applicant to find an appropriate location for the food and
drink outlet/bus.

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ORDINARY MEETING                                                                    16 NOVEMBER 2023


5.3. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE -
BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX
AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS (Referred from Planning & Environment
Committee dated 7 November 2023 - Item 5.4)
That Council note the Further Report by the Manager Development Assessment to the Planning and
Environment Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0110
for a Development Permit for a Material Change of Use – Bar, Food and Drink Outlet, Outdoor Sport
and Recreation and Resort Complex at 61 Noosa Springs Drive, Noosa Heads and note that the
applicant has made an Other Change to the application. This results in the application reverting to
Confirmation Notice stage and no decision can be made on the matter today.


6.1. 2023-2024 COMMUNITY GRANTS PROGRAM - COMMUNITY PROJECT GRANTS (ROUND
TWO) - OVERVIEW
That Council note the report by the Community Connection Manager to the General Committee
Meeting dated 13 November 2023 and:
    A. Approve the Round Two 2023-24 Community Grants Projects Program to the total value of
       $99,459.67;
    B. Allocate the remaining $68,470.65 from the 23/24 Community Grants budget to funding for
       youth initiatives made up of an out-of-round Youth Grants funding program and youth
       focussed activities within the Living Well Noosa program; and
    C. Delegate the Chief Executive Officer to authorise funding to the successful applicants for
       the out-of-round Youth Grants projects.


6.2. 2023-2024 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND TWO) – PROGRAM/PROJECTS


In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendations to Cooroora Historical Society t/a Noosa Shire Museum. I state for the
record that although general membership of an organisation does not qualify as a declarable conflict
of interest, I would like to put on the record my general membership of the Cooroora Historical
Society, which is mentioned in this grant round. Although I have a declarable conflict of interest, I do
not believe a reasonable person would see this as a conflict of interest. Therefore, I choose to
remain in the meeting room, however, I will respect the decision of the meeting on whether I can
remain and participate in the decision.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendations to NoosaCare. I would like to put on the record that, although it does
not qualify as a declarable conflict of interest, I volunteer playing music at various aged care facilities
in the shire, including at Noosa Care which is mentioned in this grant round. I am not a member or
executive member of Noosa Care and don’t believe a reasonable person would see this as a conflict
of interest and choose to stay in the meeting room.

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ORDINARY MEETING                                                                  16 NOVEMBER 2023


That Council note the report by the Community Connection Manager to the General Committee
Meeting dated 13 November 2023 and approve Round Two 2023-24 Community Project Grants –
Program/Projects provided in Attachment 1 to this report.


6.3. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS
(ROUND TWO) - EVENTS
That Council note the report by the Community Connection Manager to the General Committee
Meeting dated 13 November 2023 and approve Round Two 2023-2024 Community Project Grants
- Events provided in Attachment 1 to this report.


6.4. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS
(ROUND TWO) - INFRASTRUCTURE


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 in relation
to the funding recommendation to Sunny Kids Inc as I make regular monthly donations to this charity
and in relation to the funding recommendation to Tewantin Noosa Cricket Club as my son plays for
the Tewantin Noosa Cricket Club. As a result of my conflicts of interest I will now leave the meeting
room while the matter is considered and voted on.


That Council note the report by the Community Connection Manager to the General Committee
Meeting dated 13 November 2023 and approve Round Two 2023-2024 Community Project Grants
- Infrastructure provided in Attachment 1 to this report.


6.5. 2023-2024 COMMUNITY PROGRAM FUNDING - COMMUNITY PROJECT GRANTS
(ROUND TWO) - EQUIPMENT


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 in relation
to the funding recommendations to
   •   Katie Rose Cottage as I have a personal friendship with Leigh McCready, who is employed
       as Head of Fundraising and Partnerships by Katie Rose Cottage;
   •   Noosa Water Polo Club as my children are members of the club;
   •   Noosa Little Athletics Inc as my children are members of this club.
As a result of my conflicts 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 Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24
February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the
public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a
Campaign Manager. The conflict involved the application of Katie Rose Cottage as Leigh McCready

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ORDINARY MEETING                                                                    16 NOVEMBER 2023


is the Head of Fundraising and Partnerships, Although I have a declarable conflict of interest, I do
not believe a reasonable person could have a perception of bias because the ICEO review was an
advisory service, not a statutory process, and my queries at that time were in the public interest and
neither I nor Ms McCready stood to personally gain or lose from that advice. Therefore, I will choose
to remain in the meeting room. However, I will respect the decision of the meeting on whether I can
remain and participate in the decision.


That Council note the report by the Community Connection Manager to the General Committee
Meeting dated 13 November 2023 and approve Round Two 2023-24 Community Project Grants –
Equipment provided in Attachment 1 to this report.


6.6. REGIONAL ARTS DEVELOPMENT FUND (RADF) - GRANT RECOMMENDATIONS
ROUND 20, 2023/24


In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendations to Zest Factor as Zest Factor applicant Russell Krause is a general
member of Noosa Arts Theatre where I serve as President. Mr Krause’s grant does not involve the
Noosa Arts Theatre or myself and I therefore don’t believe a reasonable person would see this as a
conflict of interest. I will choose to remain in the meeting room, however, I will respect the decision
of the meeting on whether I can remain and participate in the decision.


In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the funding recommendations to Little Seed applicant Johanna Wallace, is a general member of
Noosa Arts Theatre where I serve as President. Their grant does not involve the Noosa Arts Theatre
or myself and I therefore don’t believe a reasonable person would see this as a conflict of interest. I
will choose to remain in the meeting room, however, I will respect the decision of the meeting on
whether I can remain and participate in the decision.


That Council note the report by the Arts and Culture Manager to the General Committee Meeting
dated 13 November 2023 regarding applications to the Regional Arts Development Fund Round 20,
2023/24 and approve the recommendations of the Assessment Committee as outlined in Attachment
1 to the report.


6.7. NON-POWERED WATER SPORTS FEASIBILTY STUDY
That Council note the report by the Sport Strategy and Project Advisor to the General Committee
Meeting dated 13 November 2023 regarding the Non-Powered Water Sports Feasibility Study and:
    A. Accept the Non-Powered Water Sports Feasibility Study; and
    B. Refer the findings of the Study to future planning activities.


6.8. FIRETECH SERVICE PROVIDER PANEL (ROPS) REFRESH
That Council note the report by the Director Digital Hub and Innovation to the General Committee
date 13 November 2023 and

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ORDINARY MEETING                                                                 16 NOVEMBER 2023


A. Award Contract No. T000078 for a Register of Pre-qualified Suppliers for the Provision of Firetech
Services to the following two new suppliers as a result of a ROPS refresh for a period until August
2024:
   •   BIA5 Pty Ltd; and
   •   Geoneon Pty Ltd
B. Subject to satisfactory performance of the suppliers, authorise the CEO to approve the option to
extend the contract at the expiry of first extension term for a further three (3) terms of up to twelve
(12) months each ending on 31 July 2027.


6.9. TOURISM NOOSA STRATEGY 2023-2027


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 Leigh
McCready, a Director of Tourism Noosa is a personal friend. 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 Stockwell provided the
following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 24
February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the
public claims of the Future Noosa Team, of which Leigh McCready was publicly identified as a
Campaign Manager. Leigh McCready is a Director of Tourism Noosa. Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception of bias because the
ICEO review was an advisory service, not a statutory process, and my queries at that time were in
the public interest and neither I nor Ms McCready stood to personally gain or lose from that advice.
Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
meeting on whether I can remain and participate in the decision.


That Council note the report by the Director Strategy and Environment to the General Committee
Meeting dated 13 November 2023 regarding Tourism Noosa's Destination Noosa Strategic Plan
2023-2027 as provided at Attachment 1 to this report and:
   A. Endorse Tourism Noosa's Destination Noosa Strategy 2023-2027 in accordance with
      Tourism Noosa's Funding and Performance Deed with Council; and
   B. Note Tourism Noosa's Destination Noosa Strategy 2023-2027 will be reviewed following the
      completion of the Destination Management Plan to ensure alignment and to reflect any shifts
      required in Tourism Noosa's strategic focus as specified in Tourism Noosa's Funding and
      Performance Deed with Council.


6.10. FINANCIAL PERFORMANCE REPORT – OCTOBER 2023
That Council note the report by the Manager Financial Services (Acting) to the General Committee
Meeting dated 13 November 2023 outlining October 2023 year to date financial performance against
budget, including changes to the financial performance report with the inclusion of key financial
sustainability indicators.

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ORDINARY MEETING                                                              16 NOVEMBER 2023


6.11. NOOSA COUNCIL ANNUAL REPORT 2022-2023
That Council note the report by the Governance Manager to the General Committee Meeting dated
13 November 2023 and
   A. Adopt the Noosa Shire Council 2022-23 Annual Report incorporating the 2022/23 Audited
      Financial Statements.
   B. Authorise the Chief Executive Officer to make any required minor amendments to the
      document prior to publication.


7.1. RECYCLING MATERIAL PROCESSING
OPTION (NEW MRF)
That Council note the report by the Waste Manager to the General Committee Meeting dated 13
November 2023 and
   A. Enter into a contract with Re.CYCLE (SUNSHINE COAST) Pty Ltd for 8 years, in accordance
      with Section 235 (A) of the Local Government Regulation 2012; and
   B. Delegate authority to the Chief Executive Officer to negotiate, finalise and enter the contract
      and to approve payments to be made pursuant to the contract to a maximum of $900,000
      (GST excl.), per year of the term of the contract.


7.2. EMU MOUNTAIN ROAD SHARED
PATHWAY
That Council note the report by the Director Infrastructure Services to the General Committee
Meeting dated 13 November 2023 and
A. Support the submission of a Cycle Network Local Government Grants Program Submission by
Sunshine Coast Council for a shared path and cycleway along Emu Mountain Road, subject to:
   1. Further input by Noosa Council into the design by Sunshine Coast Council to reduce
      environmental and visual impact of the proposal; and
   2. Resolving pedestrian crossing and cycle safety issues on the David Low Way prior to
      acceptance of the final design.


7.3. VOLUNTARY FLOOD RECOVERY
PROPERTY ACQUISITION
That Council note the report by the Community Connections Manager to the General Committee
Meeting dated 13 November 2023 and
   A. Through the Commonwealth and State Resilient Home Fund, purchase the property as
      detailed in the Report for the purposes of the voluntary home buy-back program, provided
      that all processes have been satisfactorily completed with Queensland Reconstruction
      Authority (QRA);
   B. Authorise the Chief Executive Officer to take the necessary action to implement Council’s
      decision, including but not limited to making, amending, and discharging the contractual
      arrangement/s; and
   C. Undertake the necessary actions to fulfil the conditions of the program.


Committee Recommendation
That the report of the General Committee meeting dated 13 November 2023 be received and the
recommendations therein be adopted except where dealt with by separate resolution.

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