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2021-03-15 General Committee Minutes
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MINUTES
General
Committee Meeting
Monday, 15 March 2021
10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Karen Finzel, Joe Jurisevic, Amelia
Lorentson, Clare Stewart, Brian Stockwell, Tom Wegener
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development (for reports 1 – 6)
K Contini, Director Community Services (for report 7)
M Shave, Director Corporate Services (for report 10)
APOLOGIES
Cr Karen Finzel
The meeting commenced at 10.00am.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Lorentson
Seconded: Cr Stockwell
The Minutes of the General Committee Meeting held on 15 February 2021 be received and
confirmed.
Carried unanimously.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 2 of 24
Section 3
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
5 ITEMS REFERRED FROM COMMITTEES
1 MCU20/0119 - APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT
TERM ACCOMMODATION AT 1/20 NANNYGAI STREET, NOOSAVILLE
Motion
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 regarding Application No.
MCU20/0119 for a Development Permit for Material Change of Use - Short-term
accommodation situated at 1/20 Nannygai Street, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be
complied with 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
18010 DA-02 Proposed Site Plan, prepared by 12.03.2018
03 of 14 Mercury Design
18010 V2 Ground Floor Plan, prepared by Mercury 02.02.2021
04 of 14 Design
18010 DA-02 First Floor Plan, prepared by Mercury 12.03.2018
05 of 14 Design
18010 DA-02 Elevations (west), prepared by Mercury 12.03.2018
07 of 14 Design
18010 DA-02 Elevations (east), prepared by Mercury 12.03.2018
08 of 14 Design
18010 DA-02 Elevations (north and south), prepared 12.03.2018
09 of 14 by Mercury Design
18010 DA-02 Sections, prepared by Mercury Design 12.03.2018
10 of 14
Currency
3. This development approval lapses if the use has not happened by 18
March 2027, unless an application to extend the currency period is
approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 4.
5. No more than 8 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not
be used after 9pm each night.
Page 3 of 24
Section 4
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
7. The premises must not be used as a party house, with no events, functions
or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions
for example) permitted on site.
Built Form
8. The existing media room on the Ground Floor must be converted back to
‘bike parking’ only, as per approved plan Ground Floor Plan, prepared by
Mercury Design (18010 - 04 of 14 – V2) dated 2 February 2021.
Amenity
9. The operation of the approved use must not detrimentally affect the
residential amenity (including but not limited to noise, overlooking, light spill
or odour) enjoyed by surrounding residents or cause a nuisance, including
a noise nuisance.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short-term
accommodation.
11. All car parking areas and access driveways must be maintained exclusively
for vehicle parking and manoeuvring and kept in a tidy and safe condition
at all times.
Waste Management
12. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external
imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring
properties.
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy,
sanitary and hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection
of general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours
before or after the scheduled collection day for the collection of waste
in the container.
Contact Person
14. Prior to the commencement of the use written confirmation must be
provided to Council confirming:
a. the name and telephone number of the contact person (which may
include the name and contact details of an individual, letting agency,
property manager, security firm or the like) for the purposes of the
operation of the short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week;
and
c. that the contact person resides within 20 minutes travel time (by
vehicle) of the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about
the use of the premises for short stay letting and visitor queries.
Page 4 of 24
Section 5
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
15. A sign must prominently and permanently display in letters and numbers
not less than 50mm in height, a current up to date written notice detailing
the contact person’s phone number, and a statement that the contact
person is responsible for the supervision and maintenance of the premises.
The sign must not exceed 0.2m2, be displayed at the front of the premises
and be visible to members of the public at all times.
Code of Conduct
16. A code of conduct must be developed and provided to all users and
occupants of the short-term accommodation, including any website or
social media used to promote the use of the premises for short-term
accommodation.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not
limited to noise, overlooking, light spill or odour) enjoyed by
residents in the vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described
by Queensland Government legislation for environmental
protection (noise).
b. That a user of the premises must not sleep or camp on the premises
in a tent, caravan, campervan or similar facility.
c. That each vehicle used by an user of the premises must:
i. be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
ii. be parked within the parking facilities at the premises where
provided.
d. That each user of the premises must store general waste (including
the separation of recyclable waste) produced as a result of the
ordinary use or occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises,
including the grounds of the premises, are kept in a safe and tidy
condition.
f. That pets occupying the premises must be managed and not cause
a nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions
numbers 4 to 7 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the
premises so that it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received,
Page 5 of 24
Section 6
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
identifying how each complaint has been resolved or addressed within a
reasonable time.
20. The contact person must respond to all complaints within 30 minutes of
notification of a complaint.
21. The contact person, must keep and maintain a register of the use of the
premises for short stay letting or home hosted accommodation, and record
in the register, each of the following:
a. on each occasion on which the premises are used, or occupied, for
short stay letting or home hosted accommodation on a commercial
basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are
users of the premises.
b. the dates when each person’s use, or occupation, of the premises for
short stay letting or home hosted accommodation began and ended.
22. The contact person, must make available, for inspection by Council, within
5 business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 18; and
b. the register referred to in condition 20.
Protection of Privacy
23. To ensure privacy is protected between adjoining properties, the window
located on the upper level northern building face must either:
a. be fitted with translucent glazing; or
b. be fitted with a fixed external screen.
24. The ‘Alfresco’ balcony located to the rear of the Ground Floor must include
fixed external screens on the northern side of the balcony, positioned in
such a way to obscure direct views into the windows or private open space
areas of adjoining properties to the west.
C. Request the Chief Executive Officer carry out a Final Inspection to ensure
compliance with the Conditions of approval for both MCU18/0003 and
MCU20/0119.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Amendment
Moved: Cr Lorentson
Seconded: Cr Wilkie
That Item 6 be amended to read:
6. All outdoor areas, including balconies, decks, and the like, must not be used after
9pm each night and the pool area not to be used after 8pm each night.
Carried unanimously.
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Stewart
That Council note the report by the Development Planner to the Planning &
Page 6 of 24
Section 7
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
Environment Committee Meeting dated 9 March 2021 regarding Application No.
MCU20/0119 for a Development Permit for Material Change of Use - Short-term
accommodation situated at 1/20 Nannygai Street, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be
complied with 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
18010 DA-02 Proposed Site Plan, prepared by 12.03.2018
03 of 14 Mercury Design
18010 V2 Ground Floor Plan, prepared by Mercury 02.02.2021
04 of 14 Design
18010 DA-02 First Floor Plan, prepared by Mercury 12.03.2018
05 of 14 Design
18010 DA-02 Elevations (west), prepared by Mercury 12.03.2018
07 of 14 Design
18010 DA-02 Elevations (east), prepared by Mercury 12.03.2018
08 of 14 Design
18010 DA-02 Elevations (north and south), prepared 12.03.2018
09 of 14 by Mercury Design
18010 DA-02 Sections, prepared by Mercury Design 12.03.2018
10 of 14
Currency
3. This development approval lapses if the use has not happened by 18
March 2027, unless an application to extend the currency period is
approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 4.
5. No more than 8 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, and the like, must not be
used after 9pm each night and the pool area not to be used after 8pm each
night.
7. The premises must not be used as a party house, with no events, functions
or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions
for example) permitted on site.
Built Form
8. The existing media room on the Ground Floor must be converted back to
‘bike parking’ only, as per approved plan Ground Floor Plan, prepared by
Mercury Design (18010 - 04 of 14 – V2) dated 2 February 2021.
Page 7 of 24
Section 8
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
Amenity
9. The operation of the approved use must not detrimentally affect the
residential amenity (including but not limited to noise, overlooking, light spill
or odour) enjoyed by surrounding residents or cause a nuisance, including
a noise nuisance.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short-term
accommodation.
11. All car parking areas and access driveways must be maintained exclusively
for vehicle parking and manoeuvring and kept in a tidy and safe condition
at all times.
Waste Management
12. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external
imperviously paved area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring
properties.
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy,
sanitary and hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection
of general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours
before or after the scheduled collection day for the collection of waste
in the container.
Contact Person
14. Prior to the commencement of the use written confirmation must be
provided to Council confirming:
a. the name and telephone number of the contact person (which may
include the name and contact details of an individual, letting agency,
property manager, security firm or the like) for the purposes of the
operation of the short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week;
and
c. that the contact person resides within 20 minutes travel time (by
vehicle) of the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about
the use of the premises for short stay letting and visitor queries.
15. A sign must prominently and permanently display in letters and numbers
not less than 50mm in height, a current up to date written notice detailing
the contact person’s phone number, and a statement that the contact
person is responsible for the supervision and maintenance of the premises.
The sign must not exceed 0.2m2, be displayed at the front of the premises
and be visible to members of the public at all times.
Code of Conduct
Page 8 of 24
Section 9
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
16. A code of conduct must be developed and provided to all users and
occupants of the short-term accommodation, including any website or
social media used to promote the use of the premises for short-term
accommodation.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not
limited to noise, overlooking, light spill or odour) enjoyed by
residents in the vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described
by Queensland Government legislation for environmental
protection (noise).
b. That a user of the premises must not sleep or camp on the premises
in a tent, caravan, campervan or similar facility.
c. That each vehicle used by an user of the premises must:
i. be stored in a manner that does not cause a nuisance or
inconvenience to adjoining premises; and
ii. be parked within the parking facilities at the premises where
provided.
d. That each user of the premises must store general waste (including
the separation of recyclable waste) produced as a result of the
ordinary use or occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises,
including the grounds of the premises, are kept in a safe and tidy
condition.
f. That pets occupying the premises must be managed and not cause
a nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions
numbers 4 to 7 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the
premises so that it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received,
identifying how each complaint has been resolved or addressed within a
reasonable time.
20. The contact person must respond to all complaints within 30 minutes of
notification of a complaint.
21. The contact person, must keep and maintain a register of the use of the
premises for short stay letting or home hosted accommodation, and record
in the register, each of the following:
Page 9 of 24
Section 10
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
c. on each occasion on which the premises are used, or occupied, for
short stay letting or home hosted accommodation on a commercial
basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are
users of the premises.
d. the dates when each person’s use, or occupation, of the premises for
short stay letting or home hosted accommodation began and ended.
22. The contact person, must make available, for inspection by Council, within
5 business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 18; and
b. the register referred to in condition 20.
Protection of Privacy
23. To ensure privacy is protected between adjoining properties, the window
located on the upper level northern building face must either:
a. be fitted with translucent glazing; or
b. be fitted with a fixed external screen.
24. The ‘Alfresco’ balcony located to the rear of the Ground Floor must include
fixed external screens on the northern side of the balcony, positioned in
such a way to obscure direct views into the windows or private open space
areas of adjoining properties to the west.
C. Request the Chief Executive Officer carry out a Final Inspection to ensure
compliance with the Conditions of approval for both MCU18/0003 and
MCU20/0119.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
For: Crs Wilkie, Lorentson, Stewart and Stockwell
Against: Crs Jurisevic and Wegener
Carried.
2 51987.44.02 – MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
ENTERTAINMENT AND DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AND
A RETAIL BUSINESS - TYPE 2 SHOP & SALON – 6 THOMAS STREET,
NOOSAVILLE
The following material was presented to the meeting in relation to this item:
• Cr Clare Stewart – Images - refer to Attachment 1
Motion
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 regarding Application No.
51987.44.02 to make a minor change to an existing approval for Entertainment and
Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop &
Salon situated at 6 Thomas Street, Noosaville and:
Page 10 of 24
Section 11
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
A. Amend conditions 13, 16 and 24 to read as follows:
13. 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
15.0319.1.3A A New Ground Floor Plan, prepared by and+design June 2020
15.0319.1.4A A New First Floor Plan, prepared by and+design June 2020
15.0319.3.1A A Sections, prepared by and+design June 2020
15.0319.4.1A A Elevations, prepared by and+design June 2020
16. The approved uses must not operate outside the hours of 6:30am to 10pm,
7 days a week, except Friday and Saturday, where Entertainment and
Dining Business Uses may operate until 12 midnight. The requirements of
this condition must be included in the Community Management Statement
for any Body Corporate for the subject site.
24. The building must be well articulated, with strong vertical design feature
elements. The awning located within the road reserve must include
lightweight timber features. The building must include subtle changes in
colours, textures and materials to break up the building facades, with the
exception of the northern elevation which may include a mural design. Any
changes to the existing mural design and/or colour palette will require
written authorisation from Council.
B. Delete conditions 14 and 15.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Amendment
Moved: Cr Stockwell
Seconded by Cr Jurisevic
Amend Item 16 to read:
16 The approved uses must not operate outside the hours of 6:30am to 10pm, 7
days a week, except Friday and Saturday, where Entertainment and Dining
Business Uses with a frontage to Thomas St may operate until 12 midnight. The
requirements of this condition must be included in the Community Management
Statement for any Body Corporate for the subject site.
Lost unanimously.
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 regarding Application No.
51987.44.02 to make a minor change to an existing approval for Entertainment and
Dining Business - Type 1 Food & Beverages and Retail Business - Type 2 Shop &
Salon situated at 6 Thomas Street, Noosaville and:
A. Amend conditions 13, 16 and 24 to read as follows:
13 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
15.0319.1.3A A New Ground Floor Plan, prepared by and+design June 2020
15.0319.1.4A A New First Floor Plan, prepared by and+design June 2020
Page 11 of 24
Section 12
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
15.0319.3.1A A Sections, prepared by and+design June 2020
15.0319.4.1A A Elevations, prepared by and+design June 2020
16 The approved uses must not operate outside the hours of 6:30am to 10pm,
7 days a week, except Friday and Saturday, where Entertainment and
Dining Business Uses may operate until 12 midnight. The requirements of
this condition must be included in the Community Management Statement
for any Body Corporate for the subject site.
24 The building must be well articulated, with strong vertical design feature
elements. The awning located within the road reserve must include
lightweight timber features. The building must include subtle changes in
colours, textures and materials to break up the building facades, with the
exception of the northern elevation which may include a mural design. Any
changes to the existing mural design and/or colour palette will require
written authorisation from Council.
B Delete conditions 14 and 15.
C. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried unanimously.
3 NOOSA TRAIL MASTERPLAN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 9 March 2021 and
A. Note the update on the development of the Noosa Trail Masterplan, the
establishment of the Noosa Trail Masterplan Stakeholder Reference Group and
the grant funded Trail 5 Upgrade project; and
B. Adopt the Noosa Trail Masterplan for the purposes of enabling further detailed
planning to be undertaken that will include consideration of opportunities and
constraints to achieve:
1. A shire wide trail network that links the hinterland to the coast and defines
trail locations and standards for walkers, runners, mountain bikers, horse
riders and canoeists;
2. Creation of shorter trail loops around existing towns and villages suitable
for all ages and abilities;
3. A significant enhancement of canoe and kayak trails and infrastructure to
link to land trails including along Weyba Creek, Eenie Creek, Wooroi,
Cooloothin Creek and the Noosa River and Lakes;
4. Linkages between Cooloola National Park/ Lake Cootharaba/ Boreen Point
to Kin Kin and Lake Macdonald;
5. Opportunities to link to trails in adjoining Shires to create the opportunity
for week-long adventures;
Noting that any expansion of the trail network is subject to feasibility assessment,
landowner consent, ongoing operational maintenance costs and consideration of
any new projects as part of Council’s annual budget processes.
Carried unanimously.
Page 12 of 24
Section 13
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
4 POTENTIAL AMENDMENTS TO NOOSA PLAN 2020 RELATING TO HOUSING
CHOICE AND AFFORDABILITY
In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the
following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Jurisevic, inform the meeting that I have a prescribed conflict of interest in the matter as
an item in the report specifically refers to changes in zoning of a site in Doonella St, Tewantin
that is at least in part, being developed by Chris Wright, with whom I would be considered as
having a close friendship. The nature of the friendship stems from my wife having worked for
Chris’ wife Kelly and in the same office where Chris’s business is located. Kelly was also
Treasurer of the Sunshine Beach State High School P&C during my term as P&C President.
My wife and I attended Chris and Kelly’s wedding as well as several social gatherings together
at each other’s houses over the years as our children were close friends and attended the same
playgroup and school growing up. I have no material interest in the development. As a result
of my conflict of interest I will leave the meeting room while the matter is considered and voted
on.
Page 13 of 24
Section 14
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the report on Potential Amendments to Noosa Plan 2020 relating to
Housing Choice and Affordability by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 and
A. Prepare amendments to Noosa Plan 2020 in line with the actions outlined in parts
2.1 to 12.1 of the report, in accordance with Division 2 of the Planning Act 2016;
and
B. Update the Noosa Council Housing Needs Assessment prepared by Briggs &
Mortar Pty Ltd in 2017 with regard to the provisions of Noosa Plan 2020 and the
local housing situation and trends.
Carried unanimously.
Cr Jurisevic re-joined the meeting.
5 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING – REVISED
VERSION FOLLOWING PUBLIC CONSULTATION
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the
following declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter as
I am the owner of Lot 45 Noosa Lakes Resort at 3 Hilton Terrace, Tewantin. I am also the Body
Corporate Chair. The draft Local Law for Short Stay Letting identifies the resort as one of
proposed exempt sites (as identified in Attachment 7 of the Committee Agenda). The draft
Local Law therefore has a different impact on me to the majority of short stay accommodation
owners. Some would say beneficially, others the reverse, I have a Prescribed Conflict of
Interest. As a result of my conflict of interest, I will leave the meeting room while the matter is
considered and voted on.
Motion
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 and:
A. Resolve to make:
1. Administration (Amendment) Local Law (No. 1) 2021 as contained in
Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No.1) 2021 as
contained in Attachment 2;
B. In accordance with Council’s Local Law Making Policy, further consult with the
public about the revised versions of Administration (Amendment) Local Law
(No.1) 2021 and Administration (Amendment) Subordinate Local Law (No.1)
2021;
C. Pursuant to section 257 of the Local Government Act 2009, delegate to the Chief
Executive Officer its powers under section 38 of the Act and section 15 of the
Local Government Regulation 2012 to decide—
1. how the public interest test of Administration (Amendment) Local Law (No.
1) 2021 contained in Attachment 1 and Administration (Amendment)
Subordinate
Page 14 of 24
Section 15
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
2. Local Law (No. 1) 2021 contained in Attachment 2 is to be conducted; and
3. the matters with which the public interest test report in relation to the local
law and subordinate local law must deal; and
4. the consultation process for the public interest test and how the process is
to be used in the public interest test;
D. Approve the complaints procedure contained in Attachment 4 for the purpose of
providing a plain English explanation of the process for dealing with complaints;
E. Refer the resource requirements for implementing the local law and proposed
fees structure for applications and annual renewals to the FY2021/22 budget
process;
F. Allow resident letting agents for on-site managed complexes the ability to submit
one application form for their entire letting pool, with the fees applied per property
within the letting pool;
G. Authorise the CEO to make minor amendments to the documents prior to public
notification.
Amendment
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That Item H be added to read:
H. That the CEO investigate incorporating a Council employed security firm
replicating the Mornington Peninsula model.
Carried unanimously.
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the report by the Principal Strategic Planner to the Planning &
Environment Committee Meeting dated 9 March 2021 and:
A. Resolve to make:
1. Administration (Amendment) Local Law (No. 1) 2021 as contained in
Attachment 1; and
2. Administration (Amendment) Subordinate Local Law (No.1) 2021 as
contained in Attachment 2;
B. In accordance with Council’s Local Law Making Policy, further consult with the
public about the revised versions of Administration (Amendment) Local Law
(No.1) 2021 and Administration (Amendment) Subordinate Local Law (No.1)
2021;
C. Pursuant to section 257 of the Local Government Act 2009, delegate to the Chief
Executive Officer its powers under section 38 of the Act and section 15 of the
Local Government Regulation 2012 to decide—
1. how the public interest test of Administration (Amendment) Local Law (No.
1) 2021 contained in Attachment 1 and Administration (Amendment)
Subordinate
2. Local Law (No. 1) 2021 contained in Attachment 2 is to be conducted; and
3. the matters with which the public interest test report in relation to the local
law and subordinate local law must deal; and
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GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
4. the consultation process for the public interest test and how the process is
to be used in the public interest test;
D. Approve the complaints procedure contained in Attachment 4 for the purpose of
providing a plain English explanation of the process for dealing with complaints;
E. Refer the resource requirements for implementing the local law and proposed
fees structure for applications and annual renewals to the FY2021/22 budget
process;
F. Allow resident letting agents for on-site managed complexes the ability to submit
one application form for their entire letting pool, with the fees applied per property
within the letting pool;
G. Authorise the CEO to make minor amendments to the documents prior to public
notification;
H. That the CEO investigate incorporating a Council employed security firm
replicating the Mornington Peninsula model.
For: Crs Wilkie, Jurisevic, Stewart and Lorentson
Against: Crs Wegener
Carried.
Cr Stockwell re-joined the meeting.
6 DRAFT CLIMATE CHANGE RESPONSE PLAN
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Principal Strategic Planner and Carbon Reduction
Officer to the Planning & Environment Committee Meeting dated 9 March 2021 and
approve the draft Climate Change Response Plan for the purpose of community
consultation, provided at Attachment 1 to the report.
Carried unanimously.
6 REPORTS DIRECT TO GENERAL COMMITTEE
7 NOOSA AQUATIC CENTRE CAFE LEASE TENDER ASSESSMENT - T000031
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Community Facilities Manager to the General
Committee meeting dated 15 March 2021 and
A. Award tender T000031 to David Evans, trading as Poolside NAC; and
B. Award the lease agreement for an initial term of two (2) years, commencing 1 April
2021 at a rate of $45,000 p.a. ex GST and increasing to $50,000 p.a. ex GST in
year 2, with an option to extend for a further three (3) periods of twelve (12) months
each at a rate of $55,000 p.a. ex GST in year 3 with CPI increases to be applicable
in years 4 and 5, if the options are executed. The options to extend will be at
Council’s discretion and subject to the Contractor’s demonstrated ability to meet
the requirements of the lease agreement.
Carried unanimously.
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Section 17
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
8 NOOSA NORTH SHORE BEACH CAMPGROUND MANAGEMENT SERVICES
TENDER – T000033
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wegener
That Council note the report by the Property Advisor – Commercial Property to the
General Committee Meeting dated 15 March 2021 and
A. Award contract T000033 to 1 Eight Pty Ltd for the Noosa North Shore Beach
Campground Management Services for an initial five (5) year period commencing
1 April 2021; and
B. Authorise the Chief Executive Officer to exercise future options to extend the
contract for a further 1 x 2 year period subject to satisfactory performance at
Council’s sole discretion.
Carried unanimously.
9 MCU19/0114 & RAL19/0027 – APPLICATION FOR A SENIORS LIVING
COMMUNITY, NEW COOROY GOLF CLUBHOUSE & FACILITIES AND
BOUNDARY REALIGNMENT & ACCESS EASEMENT AT 30, 114, 122 & 144
MYALL STREET COOROY
The following material was presented to the meeting in relation to this item:
• Cr Brian Stockwell – Images - refer to Attachment 2
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Stockwell
That Council note the report by the Coordinator Planning, to the General Committee
Meeting dated 15 March 2021 regarding Application MCU19/0114 and RAL19/0027 for
a Development Permit for Material Change of Use – Entertainment & Dining Type 2
Recreation amusement fitness, Multiple Housing - Type 3 Retirement and Special
Needs (Seniors Living Community) and Reconfiguring a Lot (Boundary Realignment
and access easement) situated at 30, 114, 122 and 144 Myall St Cooroy and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with SEQ Regional Plan as the development
would result in a high density residential development within an area which
contains ecological vales and is not included with the planning schemes
urban growth boundaries.
2. The proposed development is contrary to State Planning Policy as it will
irreversibly impact on good agricultural land.
3. The proposed development is not consistent with Desired Environmental
Outcomes of the Noosa Plan 2006 as the proposal will adversely impact
on good agricultural land, is at odds with the expected rural character and
amenity of the area and is more suitably located within the urban growth
boundary. The proposal will also result in the loss of land intended to
accommodate recreational activities for the community.
4. The proposed development is inconsistent with the Noosa Plan’s Strategic
Framework as the proposed development will not conserve land for
agricultural purposes and will result in development inconsistent with the
rural character and amenity of the locality.
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GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
5. The proposed development is not consistent with Overall Outcomes 6.7.2
a) (i) and (iv), c), d), r), s), y), cc), gg), rr) and ss) and Specific Outcomes
O1, O3, O7, O8, O9, O10, O15, O18, O19, O20, O25, O27, O81, O82 and
O88 of Cooroy and Lake Macdonald Locality Code as:
i. It results in high density residential development outside of the Urban
Growth Boundary which is not consistent with the Priority
Infrastructure Plan.
ii. It utilises Rural zoned land for the purpose of Multiple Housing which
is an inconsistent use in the zone with the land intended to be
maintained for its rural character and use for agricultural.
iii. It utilises Open Space Recreation zoned land for the purpose of
Multiple Housing which is an inconsistent use in the zone with the
land intended to be used for recreational purposes.
iv. It utilises rural land intended to be protected and managed to
preserve the scenic and environmental values of the area.
v. It does not preserve agricultural land, conserve open space for
biodiversity and water quality purposes or provide development at a
density consistent with the sites environmental constraints and
proximity to the Lake Macdonald water supply catchment.
vi. The development does not minimise cut and fill and is excessive.
vii. The development results in adverse impacts on the sites
environmental values.
viii. The development has the potential to impact on water quality of Lake
Macdonald.
ix. The proposal will result in a detrimental impact on the scenic vista
from the major road network and the entry into Cooroy township.
x. The proposed built form does not complement traditional streetscape
and building forms.
xi. The height of club house will dominate surrounding spaces and the
existing skyline.
xii. Parts of the development are located too close to Myall Street and
are not consistent with the streetscape.
xiii. The excessive site cover results in excessive bulk and development
which is not compatible with surrounding development.
xiv. The development has the potential to impact on the acoustic amenity
of the surrounding area, as no acoustic measures are proposed to be
implemented for the new golf club house.
6. The proposed development does not comply with Overall Outcomes
14.44.2 a), b) and j) and Specific Outcomes O16 and O17 of the Residential
Uses Code as:
i. It is proposed on land that is not suited to the development of
residential buildings;
ii. It is not consistent with the character of the neighbourhood;
iii. It does not maximise the use of the natural topography and minimise
the need for cut and fill; and
iv. It is not located within reasonable proximity to a variety of essential
services.
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Section 19
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
7. The proposed development fails to meet Overall Outcomes 13.7.2 a), b),
c), d) (i), (ii), (iii) and (v), e) and g) and Specific Outcomes O1, O3, O4, O5,
O6, O8, O9, O10, O14, O15, O18 and O19 of the Biodiversity Overlay Code
as the proposal will result in the removal of significant vegetation and
intrude into the site’s riparian buffer.
8. The proposal does not comply with Overall Outcomes 14.157.2 a) an b) of
the Water Sensitive Design Code as the development:
i. is not designed and could not be constructed in a manner that does
not impede, long term attainment of relevant Environmental Values
and Water Quality Objectives as specified in the Environmental
Protection Policy 2009;
ii. proposes infrastructure within the riparian zone and an extent of cut
and fill that is likely to create adverse impacts on downstream
ecosystems, properties and infrastructure due to changes to
stormwater flow, water quality or ecosystem health.
9. The application proposes development within the Water Supply Catchment
which may result in adverse effects on the quality of water entering Lake
Macdonald contrary to Specific Outcome O11 of the Natural Hazards and
Natural Resources Overlay Code.
10. The proposal does not comply with Overall Outcome 14.111.2 (c) and
Specific Outcome O7 of the Driveways and Car Parking Code as:
i. Sufficient visitor parking is not provided and appropriately located for
visitors of the Retirement and Special Needs use; and
ii. Sufficient parking is not provided for the golf club house.
11. The proposal does not comply with Overall Outcome 14.111.2 (c) and
Specific Outcome O8 of the Driveways and Car Parking Code and Specific
Outcome O7 and O36 of the Residential Uses Code as internal driveways
are too narrow to satisfactorily accommodate internal traffic movements.
12. The proposed built form and landscaping is not consistent with the
preferred character within Cooroy and will result in an appearance of
excessive bulk, limited landscaping and continual roof form.
13. Noosa Plan 2020 has identified that it can meet the requirements for
residential accommodation until 2041 within the current Urban Growth
Boundary. The application has failed to demonstrate a significant planning
need to develop outside of these boundaries, nor any overriding community
benefit which would justify approving the development despite its conflict
with the Planning Scheme and relevant State Planning Policies.
14. In preparing the Noosa Plan 2020 and in reviewing submissions pertaining
to this property Council considered the development potential and
suitability of this site and it was considered that despite its inclusion within
the Urban Footprint of the SEQ Regional Plan, commitment of the land for
urban purposes was neither necessary nor appropriate.
15. The proposal is not consistent with the provisions of the Noosa Plan 2020
which seek that the land is developed for rural residential purposes.
16. The proposal does not comply with the overall outcomes sought by the
Biodiversity, Waterways and Wetlands overlay code in Noosa Plan 2020
as the development:
i. is not designed, sited, nor could it be constructed in a way that avoids
adverse impacts on ecologically important areas, ecological systems
Page 19 of 24
Section 20
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
and processes.
ii. does not propose to conserve, manage, enhance and nor
rehabilitate to protect and improve biodiversity, ecosystem health,
landscape stability and resilience of ecological linkages and riparian
vegetation
iii. is not designed nor propose a layout that provides for the protection
and establishment of appropriate buffers to waterways, wetlands,
native vegetation and significant fauna habitat.
iv. does not protect and enhance the terrestrial and aquatic native flora
and fauna and their habitats
v. does not propose landscaping for the rehabilitation of ecologically
important areas, degraded ecosystems and habitats to achieve a
functional and healthy ecosystem state that requires minimal human
intervention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
10 FINANCIAL PERFORMANCE REPORT - FEBRUARY 2021
Committee Recommendation
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Manager Financial Services to the General
Committee Meeting dated 15 March 2021 outlining February 2021 year to date financial
performance against budget, including performance against key financial sustainability
indicators.
Carried unanimously.
7 CLOSED SESSION
Nil.
The meeting closed at 3.11pm.
Page 20 of 24
Section 21
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
ATTACHMENT 1
Page 21 of 24
GENERAL COMMITTEE MEETING MINUTES 15 MARCH 2021
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