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2016-06-13 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                13 JUNE 2016



GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
13 JUNE 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington
Apology:       Cr Wilkie


APPOINTMENT OF CHAIRPERSON
Moved:             Cr Wellington
Seconded:          Cr Jackson
That Cr Jurisevic be appointed as Chair of the General Committee Meeting in Cr Wilkie’s absence.
                                                                                                Carried.



1    FURTHER REPORT – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
     USE – ENTERTAINMENT & DINING BUSINESS TYPE 1 – FOOD & BEVERAGES
     SITUATED AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS – MCU15/0086
     Cr Glasgow declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) as prior to his election to Council, he signed a petition supporting the
     extension of opening hours associated with the application. Cr Glasgow left the meeting room for the
     debate and decision on this matter.
     Motion
     Moved:              Cr Jackson
     Seconded:           Cr Wellington
     That Council note the reports by the Coordinator Planning Assessment to the Planning &
     Organisation Committee Meeting dated 2 February 2016 and the Planning and Environment
     Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0086 for a
     Development Permit for Material Change of Use for Entertainment & Dining Business Type
     1 – Food & Beverages situated at 2 Bottlebrush Avenue, Noosa Heads and 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 Plan
     2.     Development undertaken in accordance with this approval must generally comply with
            the approved plan of development. The approved plan is listed in the following table
            and may be further amended by these conditions.
              Plan No.      Rev.     Plan/Document Name                                 Date
              A0            -        SITE PLAN                                          October 2015




                                                                                            Page 1 of 7
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          13 JUNE 2016


          Nature and Extent of Approved Use
    3.    The approved use must not operate outside the hours of 5am to 12pm, with use of
          outdoor dining area permitted after 10pm only on Friday and Saturday to Monday nights
          inclusive.
    4.    Patrons in the outdoor dining area must be seated and limited to 50.
    5.    The outdoor dining areas within the site must be in accordance with those shown on
          the approved plan, with no more than 40m2 used at any one time.
    6.    Service vehicle movements associated with the approved use (including loading and
          unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
          not at all on Sundays or public holidays.
          Noise
    7.    External speakers or amplified music are not permitted.
    8.    Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
    9.    Refuse disposal, particularly glass bottles and the like, must be considerate of noise at
          all times.
    10.   Management must ensure patrons leave the premises and street frontage promptly
          after nightly closing time and do not mingle or otherwise cause noise nuisance to
          residents on Bottlebrush Avenue.
    11.   The development must be undertaken in accordance with the recommendations of the
          Acoustic Report prepared by ATP Consulting Engineers (Reference ATP150314-NIA-
          02) dated 24 June 2015 and ATP’s addendum letters dated 9 October 2015 and 10
          December 2015.
    12.   The 2.6m acoustic fence recommended by the approved Acoustic Report must be
          erected within 3 months of this approval taking effect. The fence must meet the
          construction standards required by the approved Acoustic Report.
    13.   Noise emissions from any new mechanical equipment associated with the development
          shall comply with the following requirements:
          13.1. Air-conditioning and Refrigeration
                 7am to 10pm: Background + 5dB(A)
                 10pm to 7am: Background + 3dB(A)
    14.   Written certification must be submitted from a suitably qualified person confirming noise
          levels from any new mechanical equipment comply when measured at either the
          residential boundary or outside the most exposed part of an affected building,
          whichever is the closest to the equipment.
          The assessment and certification is required immediately after installation of the
          equipment and in a format approved by Council. All equipment should be operating at
          the same time to test the overall noise level created.
          Advice: It is highly recommended the person you engage to certify the installation is
          involved prior to installation of any equipment so they can recommend where
          equipment is best located. They can also advise about noise enclosures and make
          other suggestions to avoid noise problems. It is a lot more costly to try and deal with
          noise problems after installation.



                                                                                      Page 2 of 7

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         13 JUNE 2016


          Landscaping
    15.   Dense native screening shrubs up to 3m in height must be established on the
          Bottlebrush Avenue side of the new acoustic fence for its full length to visually screen
          the fence.
          Refuse
    16.   Refuse containers must be provided in accordance with the requirements of the
          Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
          Regulation 2000, for the storage and collection of refuse.

    Amendment
    Moved:             Cr Pardon
    Seconded:          Cr Jurisevic
    That the motion be amended to include an additional condition to read as follows:
    17.    This development permit lapses on 21 June 2017, unless an application is received
           to extend the approval. In assessing an extension to the approval, Council will have
           regard to any breach details available from the Office of Liquor & Gaming Regulation
           and any other relevant matters.
                                                                                         Carried.
    Committee Recommendation
    Moved:             Cr Jackson
    Seconded:          Cr Wellington
    That Council note the reports by the Coordinator Planning Assessment to the Planning &
    Organisation Committee Meeting dated 2 February 2016 and the Planning and Environment
    Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0086 for a
    Development Permit for Material Change of Use for Entertainment & Dining Business Type
    1 – Food & Beverages situated at 2 Bottlebrush Avenue, Noosa Heads and 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 Plan
    2.    Development undertaken in accordance with this approval must generally comply with
          the approved plan of development. The approved plan is listed in the following table
          and may be further amended by these conditions.
            Plan No.      Rev.    Plan/Document Name                           Date
            A0            -       SITE PLAN                                    October 2015

          Nature and Extent of Approved Use
    3.    The approved use must not operate outside the hours of 5am to 12pm, with use of
          outdoor dining area permitted after 10pm only on Friday and Saturday to Monday nights
          inclusive.

                                                                                      Page 3 of 7

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          13 JUNE 2016


    4.    Patrons in the outdoor dining area must be seated and limited to 50.
    5.    The outdoor dining areas within the site must be in accordance with those shown on
          the approved plan, with no more than 40m2 used at any one time.
    6.    Service vehicle movements associated with the approved use (including loading and
          unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
          not at all on Sundays or public holidays.
          Noise
    7.    External speakers or amplified music are not permitted.
    8.    Internal amplified music must be directed away from the Bottlebrush Avenue frontage.
    9.    Refuse disposal, particularly glass bottles and the like, must be considerate of noise at
          all times.
    10.   Management must ensure patrons leave the premises and street frontage promptly
          after nightly closing time and do not mingle or otherwise cause noise nuisance to
          residents on Bottlebrush Avenue.
    11.   The development must be undertaken in accordance with the recommendations of the
          Acoustic Report prepared by ATP Consulting Engineers (Reference ATP150314-NIA-
          02) dated 24 June 2015 and ATP’s addendum letters dated 9 October 2015 and 10
          December 2015.
    12.   The 2.6m acoustic fence recommended by the approved Acoustic Report must be
          erected within 3 months of this approval taking effect. The fence must meet the
          construction standards required by the approved Acoustic Report.
    13.   Noise emissions from any new mechanical equipment associated with the development
          shall comply with the following requirements:
          13.1. Air-conditioning and Refrigeration
                 7am to 10pm: Background + 5dB(A)
                 10pm to 7am: Background + 3dB(A)
    14.   Written certification must be submitted from a suitably qualified person confirming noise
          levels from any new mechanical equipment comply when measured at either the
          residential boundary or outside the most exposed part of an affected building,
          whichever is the closest to the equipment.
          The assessment and certification is required immediately after installation of the
          equipment and in a format approved by Council. All equipment should be operating at
          the same time to test the overall noise level created.
          Advice: It is highly recommended the person you engage to certify the installation is
          involved prior to installation of any equipment so they can recommend where
          equipment is best located. They can also advise about noise enclosures and make
          other suggestions to avoid noise problems. It is a lot more costly to try and deal with
          noise problems after installation.




                                                                                      Page 4 of 7

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   13 JUNE 2016


    Landscaping
    15.   Dense native screening shrubs up to 3m in height must be established on the
          Bottlebrush Avenue side of the new acoustic fence for its full length to visually screen
          the fence.
          Refuse
    16.   Refuse containers must be provided in accordance with the requirements of the
          Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
          Regulation 2000, for the storage and collection of refuse.
    17.   This development permit lapses on 21 June 2017, unless an application is received to
          extend the approval. In assessing an extension to the approval, Council will have
          regard to any breach details available from the Office of Liquor & Gaming Regulation
          and any other relevant matters.
                                                                                                    Carried.
    Cr Glasgow re-joined the meeting.


2   PLANNING STUDY ON AGRICULTURE AND AGRICULTURAL LAND
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Pardon
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting dated 7 June 2016 and endorse defer consideration of the study
    “Agriculture and Agricultural Land in Noosa Shire 2016” for the purpose of informing the new
    Planning Scheme to a future round of Council meetings to allow further consideration of the
    study.
                                                                                                    Carried.


3   2016-17 COMMUNITY GRANTS FUNDING – FESTIVE, ALLIANCE, PROJECT AND
    REGIONAL ARTS DEVELOPMENT FUND (RADF)
    Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
    Government Act 2009) due to his membership of the Tewantin Noosa RSL Sub-branch. Cr Pardon
    believed he could consider this item impartially and in the public interest and therefore remained in the
    meeting room for the debate and decision on this matter.
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his membership of Noosa and District Landcare, Noosa
    Community Biosphere Association & Country Noosa; his relationship with NICA and MRCCC; and his
    provision of consultancy services to Noosa and District Landcare, Country Noosa and MRCCC. Cr
    Stockwell believed he could consider this item impartially and in the public interest and therefore
    remained in the meeting room for the debate and decision on this matter.
    Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his membership of Noosa Arts Theatre Inc, Noosa District Rugby
    Union Club Inc, Noosa Integrated Catchment Association and Noosa Community Biosphere
    Association. Cr Jurisevic believed he could consider this item impartially and in the public interest and
    therefore remained in the meeting room for the debate and decision on this matter.




                                                                                               Page 5 of 7

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                   13 JUNE 2016


    Cr Glasgow declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his membership of the Cooroy Pomona Lions Club. Cr Glasgow
    believed he could consider this item impartially and in the public interest and therefore remained in the
    meeting room for the debate and decision on this matter.
    Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to her membership of Noosa Community Radio, Noosa and District
    Landcare, and Noosa Community Biosphere Association. Cr Jackson believed she could consider
    this item impartially and in the public interest and therefore remained in the meeting room for the
    debate and decision on this matter.
    Committee Recommendation
    Moved:              Cr Stockwell
    Seconded:           Cr Wellington
    That Council note the report by the Community Development Coordinator to the Services &
    Organisation Committee Meeting dated 7 June 2016 and
    A.    Authorise the Chief Executive Officer to amend the Community Grants Policy to include
          a 3 year Signature Event Category for which Service Clubs are eligible; and
    B.    Approve the following grant funding recommendations:
          1.     2016/2017 Community Alliance Grant recommendations as set out in Attachment
                 1 to the Report;
          2.     2016/2017 Festive Season Grant recommendations as set out in Attachment 2
                 to the Report noting that the Pomona Night of Lights event is being held in
                 Pomona, not Cooroy as incorrectly outlined in the attachment;
          3.     2016/2017 Signature Event Grant recommendations as set out in Attachment 3
                 to the Report;
          4.     2016/17 Community Grant Projects first round recommendations as set out in
                 Attachment 4 to the Report; and
          5.     2015/16 Regional Arts Development Fund (RADF)                            second      round
                 recommendations as set out in Attachment 5 to the Report.
    C.    With respect to the application by Slow Food Noosa which currently fails to meet the
          criteria for the community grant, the organisation is encouraged to apply for the next
          round of grants for support for their education and promotion of slow food principles.
                                                                                                   Carried.
    Crs. Pardon, Stockwell, Jurisevic, Glasgow and Jackson voted in favour of the motion.


4   FINANCIAL PERFORMANCE REPORT – MAY 2016
    Committee Recommendation
    Moved:              Cr Wellington
    Seconded:           Cr Glasgow
    That Council note the report by the Acting Manager Financial Services to the General
    Committee Meeting dated 13 June 2016 providing the May YTD monthly financial
    performance report for the 2015/16 financial year.
                                                                                                   Carried.


                                                                                               Page 6 of 7

Section 7

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                    13 JUNE 2016


5   CONTRACT LBNA01 “LIQUID WASTE”
    Committee Recommendation
    Moved:          Cr Glasgow
    Seconded:       Cr Jackson
    That Council note the report by the Acting Manager Waste and Environmental Health to the
    General Committee meeting dated 13 June 2016 and:
    A.   Award Local Buy Contract LBNA01 “Liquid Waste Collection Services”, to Sutton’s
         Cleaning Service for the value of $342,000; and
    B.   Award Local Buy Contract LBNA01 for an initial contract period of 2 years, with the
         option to extend for two (2) period/s of up to twelve (12) months.
                                                                                   Carried.




                                                                                Page 7 of 7

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