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2021-11-09 Planning & Environment Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


             Tuesday, 9 November 2021


                                    9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                      9 NOVEMBER 2021




1   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


    The meeting commenced at 9.30am.




2   CONFIRMATION OF MINUTES
    Committee Resolution
    Moved:           Cr Stewart
    Seconded:        Cr Wegener
    The Minutes of the Planning & Environment Committee Meeting held on 12 October be
    received and confirmed.
                                                                 Carried unanimously.



3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                            Page 2 of 6

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                   9 NOVEMBER 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE


    1   51997.2283.03 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (MULTIPLE
        DWELLINGS) AT 6/80-86 HILTON TCE NOOSAVILLE
        Committee Recommendation
        Moved:              Cr Stewart
        Seconded:           Cr Wegener
        That Planning & Environment Committee Agenda Item 1 be referred to the General
        Committee for further consideration.
                                                                Carried unanimously.


    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.
        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. 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.
        Cr Finzel left the meeting.
        Due to the lack of a quorum in relation to the Conflict of Interest declarations, the Acting Chief
        Executive Officer appointed Cr Wegener as Acting Chairperson of the meeting for the purpose
        of considering the conflict of interest declarations.
        Committee Resolution
        Moved:               Cr Wegener
        Seconded:            N/A
        That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in
        the public interest that Cr Stockwell participates and votes on this matter because Council

                                                                                             Page 3 of 6

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                   9 NOVEMBER 2021


        believes that Cr Stockwell does not stand to receive a personal benefit or loss in relation to this
        matter and does not have a close personal relationship with Altum Constructions and therefore
        a reasonable person would trust that the final decision is made in the public interest.
                                                                                Carried unanimously.
        (Cr Stockwell and did not vote on the above motion)
        Cr Stockwell resumed the Chair.

        Committee Recommendation
        Moved:              Cr Stockwell
        Seconded:           Cr Wegener
        That Planning & Environment Committee Agenda Item 2 be referred to the General
        Committee for a further report.
                                                                                  Carried unanimously.
        Crs Stewart and Finzel returned to the meeting.




    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
        Committee Recommendation
        Moved:              Cr Stewart
        Seconded:           Cr Finzel
        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

                                                                                             Page 4 of 6

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                            9 NOVEMBER 2021


               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 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.

                                                                                     Page 5 of 6

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                             9 NOVEMBER 2021


             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.
                                                                       Carried unanimously.




6    REPORTS FOR NOTING BY THE COMMITTEE


     4      PLANNING APPLICATIONS            DECIDED      BY    DELEGATED        AUTHORITY       –
            SEPTEMBER 2021
            Committee Recommendation
            Moved:           Cr Stewart
            Seconded:        Cr Stockwell
            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.
                                                                        Carried unanimously.




7    CLOSED SESSION

     Nil.



The meeting closed at 10.03am.




                                                                                      Page 6 of 6

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