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2021-11-18 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday 18 November, 2021
commencing at 5pm
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 AGENDA 18 NOVEMBER 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE REPORTS 4
1 AUDIT & RISK COMMITTEE MEETING REPORT – 20 OCTOBER 2021 4
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 9 NOVEMBER
2021 5
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 9 NOVEMBER
2021 8
4 GENERAL COMMITTEE MEETING REPORT – 15 NOVEMBER 2021 10
9 ORDINARY MEETING REPORTS 27
5 FURTHER REPORT – 51997.2283.03 – MINOR CHANGE TO AN EXISTING
APPROVAL FOR MULTIPLE DWELLINGS AT 6/80 – 86 HILTON TCE
NOOSAVILLE 27
10 CLOSED SESSION 29
11 PUBLIC QUESTION TIME 29
12 NEXT MEETING 29
13 MEETING CLOSURE 29
Page 2 of 29
Section 3
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 October 2021 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 29
Section 4
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 AUDIT & RISK COMMITTEE MEETING REPORT – 20 OCTOBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Tim Cronin (Chair)
Kerry Phillips
Cr Amelia Lorentson
Cr Clare Stewart
EXECUTIVE
Brett de Chastel, Chief Executive Officer
Debra Iezzi, Director Executive Services
APOLOGIES
Trent Grauf, Acting Director Corporate Services
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 QUEENSLAND AUDIT OFFICE REPORT
That Council note the Queensland Audit Office Briefing Note provided by the Queensland Audit
Office (QAO) to the Audit & Risk Committee meeting dated 20 October 2021.
2 2020-21 ANNUAL FINANCIAL STATEMENTS
That Council note the report by the Acting Manager Financial Services to the Audit and Risk
Committee dated 20 October 2021 and approve the 2020/21 Annual Financial Statements for
signature by the Mayor and Chief Executive Officer.
3 GOVERNANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 20 October 2021 providing an update on governance compliance matters.
4 RISK MANAGEMENT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 20 October 2021 providing an update on risk management and other matters.
5 NOOSA COUNCIL ANNUAL REPORT 2020 - 21
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 20 October 2021 and the draft Annual Report for the 2020-21 financial year.
Committee Recommendation
That the report of the Audit & Risk Committee dated 20 October 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 4 of 29
Section 5
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
2 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 9 NOVEMBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
EXECUTIVE
L Sengstock, Acting Chief Executive Officer
L Jensen, Acting Director Environment & Sustainable Development
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 51997.2283.03 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (MULTIPLE
DWELLINGS) AT 6/80-86 HILTON TCE NOOSAVILLE
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for further consideration.
2 132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES –
SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT DRIVE,
NOOSA HEADS
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 in relation to
the application by Altum Constructions. 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 associated with the
applicant. 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.
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 application by Altum Constructions. I have a close personal friendship with Leigh and Rob
McCready, who are associated with the applicant. 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 Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
application by Altum Constructions. I have a relationship with Leigh McCready who is associated with
the applicant as Mrs McCready was involved with my 2020 election campaign where I was one of three
candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). As a result of
my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for a further report.
Page 5 of 29
Section 6
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
3 MCU20/0090 – PLANNING & ENVIRONMENT COURT APPEAL NO. D12 of 2021 –
APPLICATION FOR AN EXTENSION TO HIRE & STORAGE BUILDING AT JETTY 256
GYMPIE TCE, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 November 2021 regarding Planning & Environment
Court Appeal No. D12 of 2021 and agree to settle the appeal generally in accordance with the
following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, 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
DW02 Site Plan 01/09/2020
DW03 Floor Plan 01/09/2020
DW06 Floor Plan Storage Layout 01/09/2020
DW11 Hire Boat Placement Plan 21/09/2021
Perspective 1 21/07/2021
Perspective 2 21/07/2021
Perspective 3 21/07/2021
3. The building and structure must be finished with colours and textures that blend with and
complement the natural setting through low reflective surfaces and timbers that can fade
to grey. The proposed finishes shall be in accordance with perspectives 1, 2 and 3 or as
otherwise agreed in writing by Council.
Operational Management Plan
4. All vessels must be stored/docked within the lease area with all associated equipment
(i.e. life jackets, paddles etc.) stored within the building.
5. The maximum number of vessels stored, available for hire/use must not exceed the
following at any time:
5.1. 16 Boats
5.2. 9 Jet Skis
5.3. 9 Kayaks
5.4. 4 Stand up paddle boards
5.5. 1 Paddle boat
The vessel types and sizes must be as identified on Drawing No. DW 11, titled Hire Boat
Placement Plan prepared by Hayley Deans Designs, unless otherwise agreed in writing
by Council.
6. All boats and jet skis must be embarked and disembarked from the landing or the
foreshore within the lease area with all kayaks, stand up paddle boards and the paddle
boat embarked and disembarked from the foreshore within the lease area.
7. All initial safety/instructional briefings must be conducted fully within the lease area. No
briefings are permitted on the foreshore area outside the lease area.
8. All customers hiring/using vessels must be briefed prior to embarking on where to return
and disembark their vessel from within the lease area.
9. Any vessel and associated equipment for vessels (i.e. life jackets, paddles etc) returned
Page 6 of 29
Section 7
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
outside the lease area must be relocated to the designated storage area within the lease
area promptly by staff. Staff must regularly conduct an inspection of the foreshore areas
to ensure all vessels and associated equipment are stored in the designated storage
areas within the lease area.
10. Boat repair activities other than minor repairs such as replacing a battery are not
permitted within the lease area.
11. Wastewater and sullage must only be disposed of at approved pumpout facilities.
12. The building and associated landing must not be utilised for live-aboard purposes.
Currency Period
13. This development approval lapses if the use has not happened by 18 November 2027,
unless an application to extend the currency period is approved by Council.
Performance Bond
14. Security in the form of a cash bond or trading bank guarantee to the sum of $15,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building Works. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions. The bond shall be released after 12 months from the date the use
commences. The applicant must notify Council in writing of the date the use
commences.
General Requirements
15. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above
the 1%AEP flood level.
16. 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.
17. Any construction and post construction activity must not impact on the condition of the
waterway, and must be conducted so as not to breach the Environmental Protection Act
EPA (1994) and the Environmental Protection (Water) Policy 2009.
18. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – SEPTEMBER
2021
That Council note the report by the Development Assessment Manger to the Planning &
Environment Committee Meeting dated 9 November 2021 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 9 November 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 7 of 29
Section 8
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
3 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 9 NOVEMBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Tom Wegener (non-Committee Councillor)
Cr Karen Finzel (non-Committee Councillor)
EXECUTIVE
L Sengstock, Acting Chief Executive Officer
T Grauf, Acting Director Corporate Services (for report 3-6)
K Contini, Director Community Services (for report 3-6)
D Iezzi, Director Executive Services (for report 6)
APOLOGIES
Cr Frank Wilkie
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 CONTRACT NO. T000053 BUS SHELTER SUPPLY & INSTALLATION – TENDER AWARD
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 9 November 2021, and:
A. Award Contract No. T000053 for the supply and installation of bus shelters to Noosa
Engineering & Crane Hire Pty Ltd for a period of two (2) years commencing on 30
November 2021; and
B. Subject to satisfactory performance by Noosa Engineering & Crane Hire Pty Ltd,
authorise the CEO to approve the option to extend the contract at the expiry of the first
two (2) year term for a further three (3) terms of up to 12 months each, ending 29
November 2026.
2 CONTRACT NO. T000058 - MAINTENANCE AND SERVICING OF HEATING,
VENTILATION AND AIR CONDITIONING (HVAC) SYSTEMS - TENDER AWARD
That Council note the report by the Buildings and Facilities Coordinator to the Services &
Organisation Committee Meeting dated 9 November 2021 and
A. Award Contract No. T000058 for the provision of Maintenance and Servicing of Heating,
Ventilation and Air Conditioning (HVAC) Systems to the Trustee for Gealy's Investment
Trust t/as Gealy's Air-Conditioning & Refrigeration for a period of one (1) year
commencing on 1 December 2021; and
B. Subject to satisfactory performance by the Trustee for Gealy's Investment Trust t/as
Gealy's Air-Conditioning & Refrigeration, authorise the CEO to approve the option to
extend the contract at the expiry of the first term for a further four (4) terms of up to 12
months each ending on 30 November 2026.
Page 8 of 29
Section 9
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
3. TOURISM FUNDING AGREEMENT REVIEW PROCESS
That Services & Organisation Committee Agenda Item 3 be referred to the General Committee
for a further report.
4 JULY 2021 RATE LEVY OVERVIEW
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 9 November 2021 providing an overview of the July 2021 Rate Levy.
5 CAPITAL PROGRAM DELIVERY STATUS – 30 SEPTEMBER 2021
That Council note the report by the Infrastructure Planning, Design & Delivery Manager to the
Services & Organisation Committee Meeting 9 November 2021 providing an update on the
delivery of the 2021/22 capital program as at 30 September 2021.
6 OPERATIONAL PLAN PROGRESS REPORT – FIRST QUARTER 2021-22
That Council note the report by the Chief Executive Officer to the Services and Organisation
Committee Meeting dated 9 November 2021 regarding the 2021-22 Operational Plan and:
A. Note the progress with the implementation of the 2021-22 Operational Plan to 30
September 2021 provided as Attachment 1 to the report; and
B. Note Council’s Key Performance Indicators provided as Attachment 2 to the report.
Committee Recommendation
That the report of the Services & Organisation Committee dated 9 November 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Page 9 of 29
Section 10
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
4 GENERAL COMMITTEE MEETING REPORT – 15 NOVEMBER 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
L Sengstock, Acting Chief Executive Officer & Director Infrastructure Services
L Jensen, Acting Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services
D Iezzi, Director Executive Services
APOLOGIES
Cr Frank Wilkie
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 51997.2283.03 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (MULTIPLE
DWELLINGS) AT 6/80-86 HILTON TCE NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 9 November 2021 regarding Application No. 51997.2283.03 to make
a minor change to an existing approval for Multiple Dwellings at 6/80-86 Hilton Tce Noosaville
and request staff to prepare a further report for the Ordinary Meeting dated 18 November 2021
including conditions for approval of the application.:
A. Refuse the change for the following reasons:
98. The proposal does not comply with Overall Outcome 2 ( c), Performance outcomes
PO9, PO 10 & PO11 of the Medium Density Zone code in Noosa Plan 2020 and
will result in:
a. Increased bulk and scale for a development that already exceeds the scale
of other development in the area;
b. A decrease of private open space for Unit 6, and
c. A reduction in the extent of landscape area provided for the site.
99. The proposal is contrary to the Overall and Performance Outcomes of the Dual
Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as:
a. The existing building is of a bulk and scale that is not consistent with the
character existing and sought for the area and the proposed changes will
contribute additional bulk and scale; and
b. The proposed changes will reduce the private open space of Unit 6 and the
extent of landscape area on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 10 of 29
Section 11
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
2 132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES –
SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT DRIVE,
NOOSA HEADS
Refer to Further Report at Report 4.
3 TOURISM FUNDING AGREEMENT REVIEW PROCESS
Refer to Further Report at Report 5.
4 FURTHER REPORT - 132005.1133.15 – APPLICATION FOR A MINOR CHANGE TO A
DEVELOPMENT APPROVAL FOR 140 MULTIPLE DWELLING UNITS AND ASSOCIATED
FACILITIES – SHOP, RESTAURANT, MULTI-FUNCTION ROOM AND GYM AT 75 RESORT
DRIVE, NOOSA HEADS
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 application by Altum Constructions. I have a close personal friendship with Leigh and Rob
McCready, who are associated with the applicant. As a result of my conflict of interest I will now leave
the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
application by Altum Constructions. Leigh McCready who is associated with the applicant was involved
in a volunteer capacity with my 2020 election campaign where I was one of three candidates that ran as
a group known as 'Future Noosa' (which is no longer an entity). As a result of my conflict of interest I will
now leave the meeting room while the matter is considered and voted on.
Cr Finzel left the meeting.
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 in relation to
the application by Altum Constructions. 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 associated with the
applicant. 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 Coordinator Planning to the Planning & Environment
Committee meeting dated 9 November 2021 and the Further Report to the General Committee
Meeting dated 15 November 2021 regarding application 132005.1133.15 to make a minor
change to an existing approval for 140 Multiple Dwelling Units and Associated Facilities –
Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive Noosa Heads
and:
A. Agree to change Conditions 2 and 83 to read as follows:
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed below and
are as amended by the conditions herein.
Page 11 of 29
Section 12
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7038-DA01 25 Masterplan Noosa Springs Resort prepared by Blackburne 22-07-21
Jackson Design
7038-DA03 14 Carparking/Basement prepared by Blackburne Jackson 20-11-2018
Design
7038-DA04 38 Ground Floor prepared by Blackburne Jackson Design 26-10-21
7038-DA05 19 First Floor prepared by Blackburne Jackson Design 26-10-21
7038-DA06 17 Second Floor prepared by Blackburne Jackson Design 26-10-21
7038-DA07 12 Site Section prepared by Blackburne Jackson Design 08-10-2018
7038-DA08 13 Site Section prepared by Blackburne Jackson Design 08-10-2018
7038-DA09 16 Indicative Apartment Layouts prepared by Blackburne 10-08-2018
Jackson Design
7038-DA10 14 Indicative Apartment Layouts prepared by Blackburne 10-08-2018
Jackson Design
7038-DA12 09 Perspective sketches prepared by Blackburne Jackson Design 08-10-2018
7038-DA14 06 Finishes Palette prepared by Blackburne Jackson Design 29-09-17
7038-DA17 05 Indicative Apartment Layouts prepared by Blackburne 10-08-2018
Jackson Design
7038-DA19 07 Building 15 Elevations prepared by Blackburne Jackson 10-08-2018
Design
7038-DA20 08 Block 18 - Elevations prepared by Blackburne Jackson 08-10-2018
Design
7038-DA21 08 Building 3 Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038-DA23 11 Block 2 - Elevations prepared by Blackburne Jackson 01-11-2018
Design
DD1.1 F Location Plan prepared by Sparks Architects 08-06-2017
DD1.3 H Unit Type 1 prepared by Sparks Architects 08-06-2017
DD1.4 H Unit Type 2 prepared by Sparks Architects 08-06-2017
DD1.6 E First Floor Plan Block 7 prepared by Sparks Architects 08-06-2017
DD1.7 D Roof Plan Block 7 prepared by Sparks Architects 08-06-2017
DD1.9 E First Floor Plan Block 8 prepared by Sparks Architects 08-06-2017
DD1.10 D Roof Plan Block 8 prepared by Sparks Architects 08-06-2017
DD1.12 E First Floor Plan Block 9 prepared by Sparks Architects 08-06-2017
DD1.13 D Roof Plan Block 9 prepared by Sparks Architects 08-06-2017
WD2.1 B Elevations prepared by Sparks Architects 23-08-2017
WD2.2 B North Elevations Block 7 prepared by Sparks Architects 23-08-2017
WD2.3 B East Elevations Block 7 prepared by Sparks Architects 23-08-2017
Page 12 of 29
Section 13
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
WD2.4 B South Elevations Block 7 prepared by Sparks Architects 23-08-2017
WD2.5 L West Elevations Block 7 prepared by Sparks Architects 10-05-2019
WD2.6 B Elevations Block 8 prepared by Sparks Architects 23-08-2017
WD2.7 B Elevations Block 9 prepared by Sparks Architects 23-08-2017
DD3.1 D Sections Block 7 prepared by Sparks Architects 08-06-2017
DD3.2 B Section Block 7 prepared by Sparks Architects 08-06-2017
DD3.3 D Section Block 8 prepared by Sparks Architects 08-06-2017
DD3.4 D Section Block 9 prepared by Sparks Architects 08-06-2017
DD4.1 G 3D prepared by Sparks Architects 08-06-2017
DD4.2 G 3D prepared by Sparks Architects 08-06-2017
DD4.3 G 3D prepared by Sparks Architects 08-06-2017
DD4.4 G 3D prepared by Sparks Architects 08-06-2017
DD4.5 G 3D prepared by Sparks Architects 08-06-2017
DD4.6 G 3D prepared by Sparks Architects 08-06-2017
DD4.7 G 3D prepared by Sparks Architects 08-06-2017
5622_A01- E CTS 400 Site Plan – Level 1 prepared by Blackburne JANUARY
10_E Jackson Design
7088_A01- B CTS 100 Site Plan – Level 1 prepared by Blackburne 03-10-17
21_B Jackson Design
7088_A01- B CTS 300 Site Plan – Level 1 prepared by Blackburne 03-10-17
31_B Jackson Design
7088_A02- G Block 15 Basement Level – Floor Plan prepared by 31-08-2018
30_G Blackburne Jackson Design
7088_A02- H Block 15 Level 1 – Floor Plan prepared by Blackburne 02-10-2018
31_H Jackson Design
7088_A02- H Block 15 Level 2 – Floor Plan prepared by Blackburne 02-10-2018
32_H Jackson Design
7088_A02- H Block 15 Level 3 – Floor Plan prepared by Blackburne 02-10-2018
33_H Jackson Design
7098_A02- M Block 3 Basement Level – Floor Plan prepared by 05-09-2018
01_M Blackburne Jackson Design
7098_A02- L Block 3 Level 1 – Floor Plan prepared by Blackburne 05-09-2018
02_L Jackson Design
7098_A02- J Block 3 Level 2 – Floor Plan prepared by Blackburne 05-09-2018
03_J Jackson Design
7098_A02- K Block 3 Level 3 – Floor Plan prepared by Blackburne 05-09-2018
04_K Jackson Design
7088_A02- G Block 16 Basement Level – Floor Plan prepared by 31-08-2018
90_G Blackburne Jackson Design
Page 13 of 29
Section 14
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7088_A02- H Block 16 Level 1 – Floor Plan prepared by Blackburne 02-10-2018
91_H Jackson Design
7088_A02- H Block 16 Level 2 – Floor Plan prepared by Blackburne 02-10-2018
92_H Jackson Design
7088_A02- H Block 16 Level 3 – Floor Plan prepared by Blackburne 02-10-2018
93_H Jackson Design
7088_A04- D Block 15 - Elevations prepared by Blackburne Jackson 04-09-17
10_D Design
7088_A04- D Block 15 - Elevations prepared by Blackburne Jackson 04-09-17
11_D Design
7098_A04- D Block 3 - Elevations prepared by Blackburne Jackson 03-10-17
01_D Design
7098_A04- D Block 3 - Elevations prepared by Blackburne Jackson 03-10-17
02_D Design
7088_A04- D Block 16 - Elevations prepared by Blackburne Jackson 04-09-17
30_D Design
7088_A04- D Block 16 - Elevations prepared by Blackburne Jackson 04-09-17
31_D Design
7088_A05- C Block 15 - Sections prepared by Blackburne Jackson 04-09-17
10_C Design
7088_A05- C Block 16 - Sections prepared by Blackburne Jackson 04-09-17
15_C Design
7088_AO17- 02 Parkridge Building 2 & 14 prepared by Blackburne 09-10-2018
01_02 Jackson Design
7088_AO17- 03 Parkside Buildings 18-21 prepared by Blackburne 09-10-2018
03_03 Jackson Design
7088_AO17- 03 Parkside Buildings 15 & 16 prepared by Blackburne 09-10-2018
04_03 Jackson Design
7088_AO17- 03 Parkside Buildings 17 & 22 prepared by Blackburne 09-10-2018
05_03 Jackson Design
7088_AO17- 03 Parkside Buildings 5 & 6 prepared by Blackburne 09-10-2018
06_03 Jackson Design
7038_DA30 03 CTS 100, 700 & 800 Site Plan prepared by Blackburne 08-10-2018
Jackson Design
7038_DA31 02 CTS 300 & 500 Site Plan prepared by Blackburne 08-10-2018
Jackson Design
7038_DA32 02 CTS 900 Site Plan prepared by Blackburne Jackson 08-10-2018
Design
7038_DA33 03 Block 4 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038_DA34 03 Block 4 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038_DA35 03 Block 5 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038_DA36 03 Block 5 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
Page 14 of 29
Section 15
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7038_DA37 02 Block 6 – Elevations prepared by Blackburne Jackson 08-10-2018
Design
7038_DA38 02 Block 6 – Elevations prepared by Blackburne Jackson 08-10-2018
Design
7038_DA39 04 Block 14 – Elevations prepared by Blackburne Jackson 05.02.2019
Design
7038_DA40 04 Block 14 – Elevations prepared by Blackburne Jackson 05.02.2019
Design
7038_DA41 02 Block 17 – Elevations prepared by Blackburne Jackson 09-08-2018
Design
7038_DA42 02 Block 17 – Elevations prepared by Blackburne Jackson 09-08-2018
Design
7038_DA43 02 Block 21 – Elevations prepared by Blackburne Jackson 09-10-2018
Design
7038_DA44 02 Block 21 – Elevations prepared by Blackburne Jackson 09-10-2018
Design
7038_DA45 04 Block 22 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038_DA46 04 Block 22 – Elevations prepared by Blackburne Jackson 01-11-2018
Design
7038_DA47 03 Block 22 – Roof prepared by Blackburne Jackson Design 09-10-2018
7038_DA61 02 Block 2 – Basement prepared by Blackburne Jackson 09-10-2018
Design
7038_DA62 02 Block 2 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA63 02 Block 2 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA64 02 Block 2 – Level 3 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA65 02 Block 4 – Basement – Floor Plan prepared by Blackburne 09-10-2018
Jackson Design
7038_DA66 02 Block 4 – Level 1 – Floor Plan prepared by Blackburne 09-10-2018
Jackson Design
7038_DA67 02 Block 4 – Level 2 – Floor Plan prepared by Blackburne 09-10-2018
Jackson Design
7038_DA68 02 Block 4 – Level 3 – Floor Plan prepared by Blackburne 09-10-2018
Jackson Design
7038_DA69 02 Block 5 – Basement prepared by Blackburne Jackson 09-10-2018
Design
7038_DA70 02 Block 5 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA71 02 Block 5 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA72 02 Block 5 – Level 3 prepared by Blackburne Jackson 09-10-2018
Design
Page 15 of 29
Section 16
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7038_DA73 02 Block 6 – Basement prepared by Blackburne Jackson 09-10-2018
Design
7038_DA74 02 Block 6 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA75 02 Block 6 – Level 2 – Floor Plan prepared by Blackburne 09-10-2018
Jackson Design
7038_DA76 02 Block 6 – Level 3 prepared by Blackburne Jackson 09-10-2018
Design
7105_A02- L Block 14 – Basement prepared by Blackburne Jackson 03-02-2020
01_L Design
7038_DA78 03 Block 14 – Level 1 prepared by Blackburne Jackson 05.02.2019
Design
7038_DA79 02 Block 14 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA80 02 Block 17 – Basement prepared by Blackburne Jackson 09-08-2018
Design
7038_DA81 02 Block 17 – Level 1 prepared by Blackburne Jackson 09-08-2018
Design
7038_DA82 02 Block 17 – Level 2 prepared by Blackburne Jackson 09-08-2018
Design
7038_DA83 02 Block 17 – Level 3 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA84 02 Block 18 – Undercroft prepared by Blackburne Jackson 09-10-2018
Design
7038_DA85 02 Block 18 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA86 02 Block 18 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA87 02 Block 19 – Undercroft prepared by Blackburne Jackson 09-10-2018
Design
7038_DA88 02 Block 19 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA89 02 Block 19 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA90 02 Block 20 – Undercroft prepared by Blackburne Jackson 09-10-2018
Design
7038_DA91 02 Block 20 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA92 02 Block 20 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA93 02 Block 21 – Undercroft prepared by Blackburne Jackson 09-10-2018
Design
7038_DA94 02 Block 21 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA95 02 Block 21 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
Page 16 of 29
Section 17
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7038_DA96 02 Block 22 – Basement prepared by Blackburne Jackson 09-10-2018
Design
7038_DA97 02 Block 22 – Level 1 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA98 02 Block 22 – Level 2 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA99 02 Block 22 – Level 3 prepared by Blackburne Jackson 09-10-2018
Design
7038_DA100 04 Block 2 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA101 04 Block 2 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA102 03 Block 3 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA103 03 Block 3 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA104 03 Block 4 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA105 03 Block 4 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA106 03 Block 5 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA107 03 Block 5 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA108 02 Block 6 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA109 02 Block 6 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA110 04 Block 14 – Sections prepared by Blackburne Jackson 05.02.2019
Design
7038_DA111 04 Block 14 – Sections prepared by Blackburne Jackson 05.02.2019
Design
7038_DA112 02 Block 16 – Sections prepared by Blackburne Jackson 09-08-2018
Design
7038_DA113 01 Block 16 – Sections prepared by Blackburne Jackson 09-08-2018
Design
7038_DA114 03 Block 17 – Sections prepared by Blackburne Jackson 09-08-2018
Design
7038_DA115 03 Block 17 – Sections prepared by Blackburne Jackson 09-08-2018
Design
7038_DA116 02 Block 19 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA117 02 Block 19 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA118 02 Block 20 – Sections prepared by Blackburne Jackson 09-10-2018
Design
Page 17 of 29
Section 18
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Plan No. Rev. Plan/Document Name Date
7038_DA119 02 Block 20 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA120 02 Block 21 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA121 02 Block 21 – Sections prepared by Blackburne Jackson 09-10-2018
Design
7038_DA122 03 Block 22 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7038_DA123 03 Block 22 – Sections prepared by Blackburne Jackson 01-11-2018
Design
7088_A04-55 A Block 18 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-56 A Block 18 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-60 A Block 19 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-61 A Block 19 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-65 A Block 20 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-66 A Block 20 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-70 A Block 21 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
7088_A04-71 A Block 21 – Elevations prepared by Blackburne Jackson 29.06.2018
Design
WD1.3 I Site Plan prepared by Sparks Architects 16-05-2018
WD1.8 I Ground Floor Plan Block 7 prepared by Sparks Architects 16-05-2018
WD1.11 H Ground Floor Plan Block 8 prepared by Sparks Architects 16-05-2018
WD1.14 H Ground Floor Plan Block 9 prepared by Sparks Architects 16-05-2018
5737_DA‐02‐ 06 Level 1 Floor Plan prepared by Blackburne Jackson 05‐08‐21
01 Design
5737_DA‐02‐ 04 Upper Level 1 Floor Plan prepared by Blackburne 22-07-21
02 Jackson Design
5737_DA‐02‐ 01 Roof Floor Plan prepared by Blackburne Jackson Design 22-07-21
03
5737_DA‐04‐ 04 Elevations prepared by Blackburne Jackson Design 22-07-21
01
5737_DA‐05‐ 01 Sections prepared by Blackburne Jackson Design 22-07-21
01
5737_DA‐17‐ 05 Perspective Views prepared by Blackburne Jackson 05‐08‐21
01 Design
Page 18 of 29
Section 19
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
83. The development shall comply with the Noise Management Plan (Report No:
R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated
25 August 2021 to the reasonable satisfaction of Council, including:
a. The necessary and appropriate noise control measures incorporated into the
façade of the apartments and within the restaurant/café in the Resort
Facilities Building. These measures shall include:
i. Upgraded glazing and air-conditioning to the potentially affected
apartments;
ii. Strategically placed wing walls on balconies to screen the apartment
and balconies from outdoor dining areas;
iii. Deleted
iv. The restaurant/café use is to operate between the hours of 6am and
12pm only;
v. After 10pm all doors/windows must be fully closed;
vi. The underside of all roof elements over outdoor dining areas
associated with the café use are to be lined with acoustic absorptive
lining minimum NRC 0.7;
vii. No dining is permitted outside the building.
viii. All amplified noise at the premises must be conducted through a sound
limiting device at all times to ensure that noise does not exceed the
following: during the daytime and evening (0600 to 2200) must not
exceed 92 dB(A) LWA, 90dB(A) LAeq, adj, T at 3 metres from the
speakers.
ix. Any live performer must be required to play through the in-house
system. No speakers (in addition to the in-house system) are permitted
on site.
b. Within 20 business days of the commencement of trading of the
restaurant/café use, Council must be provided with a Noise Management
Plan which is specific to the use and prepared on the basis of physical and
technical assessment of noise from the restaurant/café use, including both
internal and external use areas. The noise management plan must suitably
detail physical and management noise control measures.
c. The applicant must advise prospective purchasers that a Noise
Management Plan has been prepared to manage noise emissions related
to the development.
d. The Noise Management Plan referred to in Condition 83(b) shall be
incorporated in perpetuity in the By-Laws of the Body Corp for the whole
development.
e. The Noise Management Plan shall include a process for dealing with
complaints and specify that the Restaurant/Café Management and Body
Corp Manager be responsible for dealing with any noise complaints.
B. Add additional Condition 98 to read as follows:
98. On completion of the works associated with enclosing the restaurant outdoor dining
area certification from an appropriately qualified acoustic consultant must be
provided. The certification must confirm that the as-constructed built form achieves
the minimum 25 dB(A) noise reduction identified in the noise management plan
(Report No: R21055/D3295/Rev.0/25.08.21 prepared by David Moore & Associates
and dated 25 August 2021) and that all plant and equipment including the new air-
Page 19 of 29
Section 20
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
conditioning plant achieves compliance with the development approval noise limits.
C. Add additional Advisory Note 12
Additional ADVISORY NOTE – 21 October 2021
12. This Development Permit for a “Minor Change to an Existing Approval” reference
132005.1133.15 will trigger an “Infrastructure Charge Notice” to be issued in
accordance with Council’s “Charges Resolution” made pursuant to the Sustainable
Planning Act 2009 and in conjunction with the State Planning Regulatory Provision
(adopted charges).
The infrastructure charge relates to the Minor Change to Stage CTS 400 (Resort
Facilities) as follows:
Approved
Stage No. Use Existing Quantity
Quantity
Commercial Business – Type 1 – Office 103 m2 103 m2
Entertainment & Dining Business – Type 1
289 m2 312 m2
Stage – Food & Beverage
CTS 400 246 m2
(Resort Entertainment & Dinning Business – Type 2 246 m2 (Non-court area
Facilities) – Recreation, amusement and fitness (Non-court area = 38 m2 = 38 m2
(Resort facility) & Court area = 208m2) & Court area =
208m2)
Retail Business – Type 2 – Shop 21 m2 16 m2
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5 FURTHER REPORT - TOURISM FUNDING AGREEMENT REVIEW PROCESS
That Council note the report by the Chief Executive Officer to the Services and Organisation
Committee Meeting dated 9 November 2021 and the Further Report by the Acting Chief
Executive Officer to the General Committee dated 15 November 2021 regarding the Tourism
Noosa Funding Agreement Review Process and
A. Agree to extend the existing funding agreement between Council and Tourism Noosa for
a further term of 12 months on and from 1 July 2022 on the same terms and conditions
as contained in the existing funding agreement. Noting that Council’s funding is aligned
to the delivery of:
i. Guiding Principles 1 & 2 “Champion the Brand, influencing improved protection
and development of our visitor experience” and “ Deliver marketing and promotion
which drives propensity for high-value visitation, regional and seasonal dispersal”
in the Destination Noosa Strategy 2020-2023; and
ii. The collaborative involvement of Tourism Noosa as one of the stakeholders in the
development of a Destination Management framework, including analysis of
options for Sustainable Destination Accreditation along the lines of that envisaged
in Priority 4 ‘Elevate Sustainability’ of the Tourism Noosa Strategy 2017-2022 .
B. Request the Chief Executive Officer to undertake negotiations for a new funding
agreement with Tourism Noosa in the second half of 2022;
C. Note that any new long term funding agreement will not commence until 1 July 2023;
and
D. Request the CEO to ensure the agreement is in line with the “Proposed Process” outlined
in the Tourism Funding Agreement Review Process Report to the General Committee
dated 12 July 2021.
Page 20 of 29
Section 21
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
6 RAL20/0019 – PLANNING & ENVIRONMENT COURT APPEAL NO. D116 of 2021 –
REFUSAL OF AN APPLICATION FOR RECONFIGURING A LOT – 1 LOT INTO 2 LOTS AT
23 JIRRIMA CRESCENT, COOROIBAH
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 November 2021 regarding Planning & Environment Court Appeal
No. D116 of 2021 and agree to settle the appeal generally in accordance with the following
conditions:
PLANNING
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision must be
completed prior to submission of the subdivision plan to Council.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development, with each lot to maintain a minimum area of 1.5ha.
The approved plans are listed in the following table unless otherwise amended by these
conditions.
Plan No. Rev. Plan/Document Name Date
20-5200AE - Plan of proposed reconfiguration of Lot 47 on RP136461, 29-10-2021
prepared by Max Waterson and Associates
3. All lot numbering on the subdivision plan to be submitted to Council for compliance
assessment must remain as shown on the Approved Plans.
Currency Period
4. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 18 November
2025 unless an application to extend the currency period is approved by Council.
Plan of Development
5. 5. Any future dwelling, associated buildings and effluent disposal area on Lot 11 must
be contained wholly within the approved building envelope shown on the approved Plans
of Development. A copy of the approved Plan of Development and Revegetation
Concept Plan must be included in the contract of sale for either lot, together with clauses
which
a) requires any future dwelling, associated buildings and effluent disposal area on Lot
11 must be constructed within the building envelope.
b) Access permission to the proposed covenant area for the purposes of fulfilling the
requirements of the Revegetation Concept Plan and development approval
conditions.
Effluent Disposal
6. Lot 11 must be provided with an on-site waste water treatment and effluent disposal
system having a capacity sufficient for the use and contained within the building
envelope.
7. All effluent disposal areas in Lots 10 and 11 are to be wholly located within the lot in
which they serve and comply with the boundary setback requirements of the Plumbing
and Drainage Act 2002 and associated codes and requirements.
ENGINEERING
Property Access and Driveways
Page 21 of 29
Section 22
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
8. A residential driveway must be constructed to proposed Lot 11. The works must be
undertaken as part of any subsequent building approval on the Lot and be generally in
accordance with Council’s standard drawings at the time of construction.
To advise prospective purchasers and private certifiers the following property notation or
similar will be added to Council’s rates records for proposed Lot 11:
Private Certifiers, owners and prospective purchasers are notified that special access
requirements apply to this parcel of land. Contact Council's Planning Department for
Details.
Internal Fencing
9. The boundary between lots 10 & 11 must be located clear of the existing driveway and
the fencing relocated where appropriate.
10. No fencing is to be constructed in the covenant area, including on the boundary.
Stormwater Drainage
11. Stormwater runoff from the development must be disposed of on-site within the relevant
lot without causing scour or damage to the subject site or any adjoining property.
Services
12. Reticulated electricity and telecommunication services must be provided to each lot in
accordance with the standards and requirements of the relevant service provider.
13. 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.
14. Certification must be submitted to Council from all relevant service providers (Energex
and NBN) which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Easements
15. An easement for access purposes must be registered against the title of proposed Lot
11 in favour of proposed Lot 10. The easement must be:
a. located generally in accordance with the approved plan
b. a minimum width of 4.5m and/or of sufficient width to fully encompass the path of
a maintenance vehicle across the existing culvert and including the approaches on
either side of the culvert.
The terms of the easement must ensure that suitable access for proposed Lot 10 is
provided in the long term and place all maintenance responsibilities of the culvert
crossing, vehicle approaches and dam wall on the owner of Lot 11
16. 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.
17. 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.
18. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Page 22 of 29
Section 23
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
Damage to Services and Assets
19. 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.
ENVIRONMENTAL MANAGEMENT
Land Rehabilitation
20. A vegetation protection covenant must be registered against the titles of both properties
over the proposed covenant area identified on the approved plans of development
pursuant to Section 97A of the Land Title Act 1994. The covenant document and a
survey plan must be submitted to Council for endorsement prior to lodgement with the
relevant titles authority for registration of title. The covenant document must:
a. Incorporate the requirements of this Decision Notice;
b. Include Noosa Council as Covenantee; and
c. Reference Queensland Land Title Registry Standard Terms Document No.
715597513.
Works within Protected Land
21. The following works must be undertaken within the covenant area in accordance with
the Revegetation Concept Plan, prepared by 28 South Environment and dated 2
November 2021 prior to the submission of the sealing of the survey plan:
a. Control of pest plants as listed in Planning Scheme Policy 2 Landscaping and
Council’s Biosecurity Plan 2020 pest plants listed in Schedule 1 part 3, Schedule
2 and Non-scheduled invasive species; and
b. Removal of any structures, debris or materials foreign to a natural environment.
c. Rehabilitation and restoration, to achieve the equivalent floristic composition of a
similar undisturbed regional ecosystem.
d. The planting of canopy species with local provenance in Regional Ecosystem
12.3.14a, including threatened Eucalyptus conglomeratae. The trees must be
planted at a ratio of 1 tree per every 10m2.
Fencing to Protected Land
22. A permanent fence must be constructed along the entire length of the eastern alignment
of the covenant area to restrict access by stock in to the covenant area.
23. The fence must include A5 sized signage with the wording “Vegetation Protection Area
– No domestic animals” every 15m, durable, weather resistant and be visually
complementary to the natural environment.
Page 23 of 29
Section 24
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
7 COASTAL HAZARDS ADAPTATION PLAN & SECOND ROUND COMMUNITY
CONSULTATION SUBMISSIONS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
properties identified as `at risk' under the draft CHAP. My brother owns a beachfront property at Sunrise
Beach. The Property is directly affected by the draft CHAP and directly covered by mapping looking at
future erosion risk based on future models. My brother has also made a submission on the CHAP and
is also a member of the executive committee of the Eastern Beaches Protection Association Inc. During
my election campaign my brother helped me with my campaign, handed out voting cards and 2 of my
election signs were outside his property on David Low Way. At a recent meeting, I declared my COI
and asked to leave the room as I have in the past because although I believe I could consider the matter
impartially and in the public interest, I believe that some members of the public may still have a
perception of bias. Because of the significance of the CHAP and its Shire-wide implications, and
because I have received legal advice from Council’s lawyers to state that I have a declarable and not
prescribed COI, I would like to exercise my right to due process under s150 ES(3) of the Local
Government Act 2009,and ask that the Councillors present at this meeting room, be my judge and
decide whether I must leave the room or if I can stay and participate in the meeting, including voting on
the matter. The legal advice received a few days ago, states that my personal interest in matters
concerning the CHAP in fact form the basis of a declarable conflict of interest and not a prescribed
interest: “when matters being considered by Council is not an application, rather the draft CHAP, we
consider that the personal interest is not caught by s150EI and is not capable of forming the basis of a
prescribed COI in matters concerning the CHAP.” It is on record that on a number of occasions I have
indicated to the CEO that I would strongly prefer to be engaged in the CHAP process on the basis that
this issue is a significant one for the whole community and the whole shire deserves the representation
of all its elected representatives. In fact the CHAP has political, legal and financial implications for the
whole SHIRE of Council not just Sunrise Beach, and the narrow area that affects my brother. Many of
these implications are unrelated to the perceived interest of one property on the Eastern Beaches.
Everyone in this room and every ratepayer will be impacted by the CHAP and not just my brother.
Council assets, our beaches, the environment and all ratepayers. This is evident on page 3 of the Draft
CHAP, where the CHAP’s core objectives are listed to include:
• identifying what actions are required to avoid, reduce or adapt to these risks to people, property,
assets and environment;
• providing mapping and visual products and deliverables that are useful for a range of purposes
across Council departments and functions and within the community (e.g. planning scheme, asset
management, community awareness, disaster management and financial planning; and
• to provide direction for a coordinated approach for Council and the community to adapt to climate
change and coastal hazards.
The CHAP covers open Coast areas - Peregian Beach to Sunshine Beach, Noosa Heads, and Noosa
North Shore. It includes areas along the Lower Noosa River (Noosa Heads, Tewantin, and in particular
Noosaville and Noosa North Shore) that will be increasingly at risk of inundation associated with rising
sea levels. Inundation and rising sea levels will pose the greatest risk to Council infrastructure such as
stormwater networks, open space and roads and some private property, as well as indirect
consequences on adjacent retail and commercial activities. In open coast areas, impacts will be
experienced not just to private properties, but also to Council Infrastructure, such as roads and
recreational areas, including our beaches. It is understood that the CHAP in its final form, together with
the Climate Change Adaptation Plan, the Zero Emissions Strategy and the Climate Change Policy, will
form Council’s response to climate change. Further, the CHAP is intended to guide decision-making
across key areas of Council, including:
a. Corporate and operational planning and financial planning;
b. Land use planning and development assessment;
c. Infrastructure planning, design and management including roads, stormwater and foreshores;
d. Management of non-infrastructure assets including conservation and recreational areas;
e. Community resilience planning; and
f. Emergency management.
These are significant Shire wide implications that will impact more than just the one property that my
brother owns at Sunrise Beach. It is my opinion that is not democratic nor reasonable to exclude me
from a significant or important shire wide issue which is, in my opinion, a policy and not a planning
instrument. Although I have a declarable conflict of interest and I believe I could consider the matter
Page 24 of 29
Section 25
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
impartially and in the public 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. I also inform the
meeting that I have a further declarable conflict of interest in this matter as I have a close personal
relationship with Mark Bain and the Bain family, owner of 1 Noosa River Road which is an at risk property
under the draft CHAP, they are family friends that have attended social events together and whose
children both attended school together and surfed together as part of the Noosa Board Riders Club.
During the election I had an election sign at Gympie Tce Petrol Station with the approval of the business
owner and Mark Bain was the landlord of the property. Mr Bain also appeared in one of my videos
circulated during the election campaign. I believe I can consider this matter impartially and in the public
interest. 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 without voting regarding the Eastern
Beaches and Noosa North Shore.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection
Association donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that
ran as a group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception of bias because I
believe that I do not have a close personal relationship with Mr Butt and I believe I can consider this
matter impartially and in the public interest. 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 Principal Strategic Planner to the General Committee
Meeting dated 15 November 2021 and
A. Note the submissions received during the second round of community consultation on
the draft Coastal Hazards Adaptation Plan; and
B. Amend the description of Figures 4 and 8 of the CHAP (as shown in Attachment 2 tracked
changes copy) to correctly reference the ‘design event’ rather than simply the 100
Average Recurrence Interval and amend the related footnote that appears on pages 22
and 39 to describe the various components of the design event upon which the erosion
and stormtide mapping were prepared.
C. Approve the revised Coastal Hazards Adaptation Plan and forward to the State
Government for final endorsement with the following change:
1. The 2nd last paragraph on page 83 in Attachment 2 - tracked changes copy, be
amended to read:
“Adapting to coastal hazards is a shared responsibility for all stakeholders within
the Noosa community. Success requires the community, Council, and other key
agencies to work together to respond to, and overcome, the current challenges
posed by rising sea levels to reduce their impact into the future.”
8 CONTRACT NO T000048 TRAFFIC CONTROL SERVICES - TENDER AWARD
That Council note the report by the Acting Civil Operations Manager to the General Committee
Meeting dated 15 November 2021, and
A. Award Contract No. T000048 for the provision of Traffic Control Services to Verifact
Traffic Pty Ltd for a period of two (2) years commencing on 22 November 2021; and
B. Subject to satisfactory performance by Verifact Traffic Pty Ltd, authorise the CEO to
approve the options to extend the contract at the expiry of the first two (2) year term for
a further three (3) terms of up to 12 months each ending 21 November 2026.
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Section 26
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
9 FREE WEEKEND BUS TRIAL
That Council note the report by the Special Projects Coordinator to the General Committee
Meeting dated 15 November 2021, and
A. Subject to TransLink agreement, approve the use of Free Weekend Bus travel on
TransLink services 626,627,628,629 and 632 between 24 January 2022 and 30 June
2023;
B. Delegate CEO to negotiate with TransLink on the trial specifics and include the inequity
of current delivery of free buses to the remainder of the shire – 630, 631 and 620;
C. Note that an evaluation report will be presented to Council prior to conclusion of the 18-
month trial period for consideration of continuing the trial;
D. Fund the cost of the free weekend bus trial for the period January 2021 to June 2022
from the Sustainable Transport Levy reserves and include the funding at Budget Review
2 (BR2); and
E. Undertake a review of the Transport Levy pricing structure to accommodate the service
as part of the 2022/2023 budget development process.
F. That the CEO be requested to review options for funding ‘free’ bus services that more
equitably shares the cost across user groups and between visitors and residents with a
view of identifying cost neutral models for expansion of free weekend and holiday bus
services across all services within the shire including options for demand-oriented
solutions for hinterland areas outside the current public transport network. That council
engage the community on a place-by-place basis as part of the identification and
prioritisation of these options. Further that the results of these investigations be
considered as part of the 2022 – 2023 budget deliberations.
10 FINANCIAL PERFORMANCE REPORT – OCTOBER 2021
That Council note the report by the Acting Manager Financial Services to the General
Committee Meeting dated 15 November 2021 outlining October 2021 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
11 NOOSA SHIRE COUNCIL 2020-21 ANNUAL REPORT
That Council note the report by the Governance Advisor to the General Committee Meeting
dated 15 November 2021 and:
A. Adopt the Noosa Council 2020-21 Annual Report incorporating the 2020/21 Audited
Financial Statements.
B. Authorise the Chief Executive Officer (CEO) to make any required minor amendments
to the document prior to publication.
Committee Recommendation
That the report of the General Committee dated 15 November 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
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Section 27
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
9 ORDINARY MEETING REPORTS
5 FURTHER REPORT – 51997.2283.03 – MINOR CHANGE TO AN EXISTING APPROVAL
FOR MULTIPLE DWELLINGS AT 6/80 – 86 HILTON TCE NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Environment & Sustainable Development Department
Index ECM/ Application/ 51997.2283.03
Attachments Nil
EXECUTIVE SUMMARY
The applicant is seeking retrospective approval for an extension to Unit 6 to increase the site cover
and gross floor area of that previously approved. The changes result in an additional 15m 2 of gross
floor area and additional site cover of 12m2 across the site.
The application has been recommended for refusal due to non-compliance with the Noosa Plan
requirements for building bulk with the existing building already exceeding the scale of surrounding
buildings.
During discussions at the General Committee Meeting, Councillors considered that there may be
grounds to support the proposal with a further report requested to provide conditions for approval.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 9 November 2021 and the Further Report to the Ordinary Meeting dated 18 November
2021 regarding Application No. 51997.2283.03 to make a minor change to an existing approval for
Multiple Dwellings at 6/80-86 Hilton Terrace Noosaville and:
A. Refuse the change for the following reasons:
1. The proposal does not comply with Overall Outcome 2 (c), Performance outcomes PO9,
PO 10 & PO11 of the Medium Density Zone code in Noosa Plan 2020 and will result in:
a. Increased bulk and scale for a development that already exceeds the scale of other
development in the area;
b. A decrease of private open space for Unit 6, and
c. A reduction in the extent of landscape area provided for the site.
2. The proposal is contrary to the Overall and Performance Outcomes of the Dual
Occupancy and Multiple Dwelling Code in Noosa Plan 2020 as:
d. The existing building is of a bulk and scale that is not consistent with the character
existing and sought for the area and the proposed changes will contribute
additional bulk and scale; and
e. The proposed changes will reduce the private open space of Unit 6 and the extent
of landscape area on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 9 November 2021 and was subsequently referred to the General Committee Meeting on 15
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Section 28
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
November 2021. During the course of discussions at the General Committee Meeting, Councillors
considered that there may be grounds to support the proposal with a further report requested to
provide conditions for approval.
In the circumstances, the General Committee requested a further report be presented to the Ordinary
Meeting with conditions of approval.
Staff have considered the issues raised by Councillors but confirm the previous Officer
Recommendation. Should Council wish to approve the application, the requested motion below has
been drafted for that purpose.
REQUESTED MOTION
That Council note the report by the Development Planner to the Planning & Environment Committee
meeting dated 9 November 2021 and the Further Report to the Ordinary Meeting dated 19 November
2021 regarding application 51997.2283.03 to make a minor change to an existing approval for
multiple dwellings at 6/80 – 86 Hilton Terrace Noosaville and:
A. Approve the change with the following additional condition:
Additional condition 18 November 2021 (Change to Unit 6)
30. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed below and are as
amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
A102 A14 Site Plan prepared by Collins Building Designs 08.10.2020
A103 A14 Existing and Demolition Floor Plan prepared by Collins 08.10.2020
Building Designs
A104 A14 Proposed Floor Plan prepared by Collins Building Designs 08.10.2020
A801 A14 Existing and Proposed Exterior Elevations 1 – 4 prepared 08.10.2020
by Collins Building Designs
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Not applicable
Internal Consultation
Coordinator Development Engineering
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 28 of 29
Section 29
ORDINARY MEETING AGENDA 18 NOVEMBER 2021
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1. BRIAN O’CONNOR
Q1. Can the council confirm whether the wages, superannuation and staff costs of the
Noosa Council Heritage Coordinator position are paid from the annual ratepayer
Heritage Levy and not from general rates, as is the case with the vast bulk of
council employees and, if so, whether there are other instances of staff wages
being met from other levies, such as the Environmental Levy and the Sustainable
Transport Levy?
Q2. Would Noosa Council consider paying the staff costs of the Heritage Coordinator
position from general revenue, thereby allowing that person's wages, employer
superannuation contributions etc to be re-directed to heritage preservation tasks,
including (but not exclusively) those performed by the Noosa Shire Museum, which
is not guaranteed regular annual hypothecated funding from the Heritage Levy for
the work it does?
2. BREE JOHNSON / SUNSHINE BUTTERFLIES
Q1. Cr Lorenston has provided a response to our initial questions and we are respectful
of Council’s position. However we believe that letters of support as well as the 640
signatures via change.org (215 of those signatures are in the Noosa Shire Council
Area) and multiple signatures collected by Bree Johnson from Noosa residents,
shows a strong case for need to have the bike/walking path extended from Lake
Cooroibah to Silverwood Drive. Our question is, what more do we need to provide
to further substantiate our case?
12 NEXT MEETING
The next Ordinary Meeting will be held on 16 December 2021 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
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