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2015-01-15 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 15 January 2015
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING MINUTES 15 JANUARY 2015
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
M Drydale, Acting Chief Executive Officer
A Rogers, Director Community Services
M Shave, Director Corporate Services
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Cr Abbot
Seconded: Cr Cr Bolton
The Minutes of the Ordinary Meeting held on 18 December 2014 be received and
confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 21
Section 3
ORDINARY MEETING MINUTES 15 JANUARY 2015
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
GENERAL COMMITTEE RECOMMENDATIONS
12 JANUARY 2015 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Frank Wilkie and Noel Playford
1 QUEENSLAND PLANNING REFORM INCLUDING PLANNING AND DEVELOPMENT
BILL
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Principal Strategic Planner and the Manager, Planning
& Environment to the General Committee dated 12 January 2015 and request the Chief
Executive Officer to make a submission to the Dept of State Development, Infrastructure
and Planning regarding the following points:
A. The Planning & Development Bill and Planning & Development Regulations are not
clear in the decision rules, particularly for those applications which conflict with the
planning scheme. It is considered that where an application conflicts with the
planning scheme, the onus of proof should be on the applicant to prove the merits of
the proposal and justify any inconsistencies;
B. The Planning & Development Bill includes a clause that allows a regulation to
prescribe the assessment manager for a development application as any person from
a class of persons who have stated qualifications or characteristics. It is unclear
whether this will result in an additional class of private entities (chosen by the
Minister) being identified as assessment managers in place of councils for particular
applications. This is of significant concern as experience has demonstrated that
private building certification has not always been successful in implementing planning
scheme requirements. This is particularly important for any operational works
applications that include works which are to become a public asset and be
maintained at ratepayers expense;
C. The Planning & Environment Court Bill maintains the specific criteria for making a
costs order introduced with the Sustainable Planning and other Legislation
Amendment Bill 2012. These rules do not serve the public interest of enabling the
community, submitters, local governments and developers to dispute planning
decisions due to the risk and uncertainty of the Court awarding costs against them.
The previous Court powers to award costs in circumstances where cases were
frivolous or vexatious or instituted primarily to delay or obstruct are considered
sufficient protections from abuse of the system;
D. The definition of material change of use should not be limited to only increases in
scale and density of the premises, as there are circumstances where reducing the
scale of the development does materially change the site’s use. This is particularly
relevant for developments which include an important community use or the like. For
example removing the nursing home component from a retirement village may have a
significant social impact on an area;
E. The Planning & Development Bill maintains and extends the time frame for applicants
to be able revive a development application where it lapses. This ability is not
consistent with the principles for the DA Rules of being an applicant driven process,
and is likely to create administrative problems for Councils and lead to significant
confusion for the community, particularly submitters.
Page 3 of 21
Section 4
ORDINARY MEETING MINUTES 15 JANUARY 2015
F. As Noosa Council values community engagement in its planning and development
decisions, we have concerns regarding changes that may serve to inhibit, obstruct or
minimise resident input. Reductions in public notification periods and removal of
existing requirements for notices to be placed in local newspapers are thus not
supported and there should be a minimum notification period for applications of 20
business days. We also have concerns about the proposal that an applicant may
choose to publicly notify a development application as early as 5 days after the
development application is properly made. We believe submitters are better served
under the current arrangement where public notification is able to occur following the
information request period;
G. Noosa Council has long enjoyed a locally popular planning scheme that is in
part premised on studies and deliberations concerning the ideal carrying capacity for
our shire. We have concerns that the Queensland Planning Reform Process may
herald arbitrary enlargements of the Urban Footprints within the Noosa Shire area;
H. Noosa Council does not support proposed changes relating to Community
Infrastructure designation that will remove local government powers to designate
infrastructure. Nor do we support the proposal for the State Planning Minister to be
the sole designating Minister for Infrastructure Designation in Queensland and to thus
choose what developments can proceed, be they public or private infrastructure, and
have them exempt from planning scheme requirements and from infrastructure
charges; and
I. The maximum infrastructure charges prescribed by legislation remain unchanged
since being introduced in 2011. Infrastructure charges have dropped in real terms
due to indexation not being applied. This prohibits councils from making charges that
reflect the actual current costs of building infrastructure. Thus the proportional costs
of public infrastructure related to new development are being met by the community.
Meanwhile the State Government adds 3.5% annual indexation to its own fees and
charges. Noosa Council thus requests that annual automatic indexation of the current
maximum capped charges be introduced to reflect increasing costs of providing
infrastructure.
Carried.
Page 4 of 21
Section 5
ORDINARY MEETING MINUTES 15 JANUARY 2015
12 PELICAN PLACE NEW LEASE AGREEMENT WITH TEWANTIN RSL SUB-BRANCH
DOCUMENT IN FOR MATI ON
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to being a life member of the RSL. 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.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Property Officer, Property and Facilities to the General
Committee Meeting dated 12 January 2015 and
A. Approve the new lease agreement to the Returned and Services League of Australia
(Queensland Branch) Tewantin-Noosa Sub-Branch Incorporated, for 3 years
commencing 2 March 2015, over part of Lot 1RP74197 (3 Pelican Street, Tewantin);
and
B. Approve the Chief Executive Officer to award subsequent 2 x 3 year extensions of
the lease subject to the lessee complying with the terms of the lease; and
C. Apply the exception to the requirement for tendering of the lease under Section 236
(1) (b) (ii) of the Local Government Regulation 2012 as the proposed lease is to a
community organisation.
Carried Unanimously.
(Cr Pardon voted in favour of the motion)
16 COMMUNITY GRANTS REVIEW formation
Council Resolution
Moved: Cr Bolton
Seconded: Cr Wilkie
That Council note the report by the Community Development Coordinator to the General
Committee Meeting dated 12 January 2015 and:
A. Repeal the existing Community Grants Policy and adopt the revised Community
Grants Policy (Attachment 1) amended by including Chambers of Commerce with
Service Clubs as eligible for Community Project grants;
B. Repeal the existing Community Grants Framework and Criteria and adopt the revised
Community Grants Framework and Criteria (Attachment 2); and
C. Delegate to the Chief Executive Officer the development of a Festive Season
Strategy.
Carried.
Page 5 of 21
Section 6
ORDINARY MEETING MINUTES 15 JANUARY 2015
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Bolton
The General Committee recommendations dated 12 January 2015 be adopted except where
dealt with or held over by separate resolution.
Carried.
2 OPERATIONAL WORKS FOR PRESCRIBED TIDAL WORKS JETTY SITUATED AT 256
GYMPIE TERRACE, NOOSAVILLE OPW14/0307
That Council note the report by the Development Engineer to the General Committee
Meeting dated 12 January 2015 regarding Application No. OPW14/0307 for a Development
Permit for Operational Works for Prescribed Tidal Works – Commercial Jetty situated at
256 Gympie Terrace, Noosaville and approve the application in accordance with the
following conditions:
1. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the table
below and as may be amended by these conditions.
Plan No. Rev. Plan/Document Name Date
4656-100 - General Notes & Locality Plan, prepared by 29 May 2014
International Marina Consultants Pty Ltd
4656-101 - Demolition Plan, prepared by International 28 May 2014
Marina Consultants Pty Ltd
4656-102/A A General Arrangement, prepared by International 16 October 2014
Marina Consultants Pty Ltd
4656-103/A A Elevation, prepared by International Marina 16 October 2014
Consultants Pty Ltd
4656-104/A A Pile Layout, Profile and Schedule, prepared by 16 October 2014
International Marina Consultants Pty Ltd
4656-105/A A Pontoon Setout, prepared by International 16 October 2014
Marina Consultants Pty Ltd
4656-106 - 1.2m Overall Width x 7.5 Long Gangway, 30 May 2014
prepared by International Marina Consultants
Pty Ltd
4656-109 A Pontoon Setout, prepared by International 30 May 2014
Marina Consultants Pty Ltd
2. All structures associated with the use (jetty and pontoons) must be constructed
wholly within the lease area as shown on SP146043 dated 4 December 2013.
3. To ensure the safety of persons accessing the approved works and to prevent
environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and
associated pipework, valves, vents and systems shall be conducted by a suitably
qualified professional and submitted to Council for approval. The audit shall
demonstrate that the fuel systems are in a safe and serviceable condition or, where
necessary, identify repair and rectification requirements to meet the relevant
Australian Standards and industry best practice environmental management. Any
repair works must be completed, with certification submitted by the auditor to Council,
prior to the use of the new works (pontoon/jetty extensions).
Page 6 of 21
Section 7
ORDINARY MEETING MINUTES 15 JANUARY 2015
4. Structures shall be designed and constructed such that they are free standing within
the waterway and are not connected to or behind the revetment wall or rock wall.
5. No posts or vertical supports of the proposed structures are to extend vertically above
the height of the new piles.
6. No boatlifting devices are to be attached or moored at the jetty structure for the
purpose of elevating a vessel above the water without Council approval.
7. The jetty shall be constructed in a manner to render the underside area vermin proof.
8. The connection point for any electrical reticulation system extending beyond the
revetment wall must be located above the Q100 flood level.
9. Lighting associated with the use shall be designed, installed, operated, and
maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects
of Outdoor Lighting.
10. Boat repair activities will not be permitted on site.
11. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
12. The mooring facility shall not be utilised for live-aboard purposes.
13. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection
Act (EPA) 1994 and the Environmental Protection (Water) Policy 1997.
14. Certification by a Registered Professional Engineer of Queensland (RPEQ) shall be
submitted to Council. The certification shall state that the works have been
constructed in accordance with best practice methods, are in accordance with
Coastal Protection and Management Act 1995, are structurally sound and will have
no detrimental effect on the river bed or river bank.
15. A final inspection and approval of the structure by Council’s Inspector is required.
Please contact Council’s Planning Assessment Section to arrange the inspection.
Advisory Notes
1. Council has undertaken an audit check of the Operational Works drawings in relation
to the proposed works. A detailed design check of the calculations and drawings has
not been undertaken, as they have been certified by a RPEQ. The RPEQ bears full
responsibility for all aspects of the engineering design. Council reserves the right to
require further amendments and/or additions at a later date, should design errors
become apparent.
2. Council reserves the right to call up any performance bond held or levy charges
against the property, should emergency works be required to be undertaken by
Council to make the site safe due to inactivity on the development site for extended
periods of time.
3. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the
Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the
changes must be lodged with this application along with the appropriate fees.
4. The Environmental Protection Act 1994 states that a person must not carry out any
activity that causes, or is likely to cause, environmental harm unless the person takes
all reasonable and practicable measures to prevent or minimise the harm.
Environmental harm includes environmental nuisance. In this regard, persons and
entities involved in the construction and operation of this development are to adhere
to their ‘general environmental duty’ to minimise the risk of causing environmental
harm.
Page 7 of 21
Section 8
ORDINARY MEETING MINUTES 15 JANUARY 2015
5. Pursuant to the Building and Construction Industry (Portable Long Service Leave)
1991 Act if the cost of operational works exceeds $80,000, then a portable long
service leave levy is required to be paid. In accordance with Section 77.(1) of the Act,
Council is required to sight the approved form issued by the Building and
Construction Industry (Portable Long Service Leave) Authority that confirms that the
requirements of the Act have been satisfied. A statutory declaration outlining the cost
of the operational works must be submitted to Council prior to commencement of
work.
3 APPLICATION FOR REFERRAL AGENCY RESPONSE DETACHED HOUSE SITUATED
AT 62 PARK RD, NOOSA HEADS RAP14/0029
That Council note the report by the Development Planner to the General Committee
Meeting dated 12 January 2015 for a Referral Agency Response for a Detached House at
62 Park Rd, Noosa Heads and note that a reviewed report will be presented to the Ordinary
Meeting dated 15 January 2015.
4 COMBINED DEVELOPMENT APPLICATION MCU14/0077 FOR WAREHOUSE AND
SHOWROOM (PLUMBING SUPPLIES) & OPW14/0324 FOR OPERATIONAL WORKS
10/100 RENE STREET, NOOSAVILLE
That Council note the report by the Development Planner to the General Committee
Meeting dated 12 January 2015 regarding Application No. MCU14/0077 for a Development
Permit for Industrial Business Type 1 – Warehouse & Retail Business Type 4 – Showroom
(trade related showroom, plumbing supplies) and OPW14/0324 for Operational Works
(Stormwater Drainage, Landscaping, Car Parking and Access Driveway) situated at 10/100
Rene Street, Noosaville and:
A. Approve the application in accordance with the following conditions:
MATERIAL CHANGE OF USE
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, prepared by Date
DD201 J Floor Plan, prepared by Cool Architecture 14 October 2014
DD301 J Roof Plan, prepared by Cool Architecture 14 October 2014
DD401 J Rene Street Streetscape North Elevation, 14 October 2014
prepared by Cool Architecture
DD402 J Eastern Elevation & Western Elevation, 14 October 2014
prepared by Cool Architecture
DD403 J South Elevation, prepared by Cool Architecture 14 October 2014
2864-1 B Cover Sheet, prepared by Construction 15 October 2014
Hydraulic
2864-OP2 C Stormwater Management Plan, prepared by 15 October 2014
Construction Hydraulic
2864-OP3 C Stormwater Quality & Quantity Details, prepared 15 October 2014
by Construction Hydraulic
Page 8 of 21
Section 9
ORDINARY MEETING MINUTES 15 JANUARY 2015
2864-OP4 A Stormwater Quality Maintenance, prepared by 15 October 2014
Construction Hydraulic
DD701 J Landscaping Plan, prepared by Cool 14 October 2014
Architecture
DD702 J Landscaping Notes & Schedules, prepared by 14 October 2014
Cool Architecture
Building Height
3. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground level.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions
of this approval, prior to pre-start meeting. 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.
Street Identification
5. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the building name.
Building Appearance
6. All air conditioning units or other mechanical equipment must be fully enclosed
or screened such that they are not visible from the street frontages nor
adjoining properties.
Water & Sewer Connections
7. An underground connection to reticulated water and sewerage must be
provided to the development site in accordance with the standards and
requirements of Northern SEQ Distributor–Retailer Authority (Unitywater).
8. A Certificate of Completion from the Northern SEQ Distributor–Retailer
Authority (Unitywater) must be submitted to Council that certifies an
underground connection to reticulated water and sewerage has been provided
to the development site.
Landscaping
9. The development site must be landscaped. The works must be undertaken in
accordance with The Noosa Plan, Planning Scheme Policy PSP03
Landscaping Plants and Guidelines and the approved plans.
10. Dense screening vegetation must be provided for the full length of the black
PVC chainlink fence and the bin enclosure along the Rene Street frontage.
11. All landscape works must be established and maintained in accordance with
the approved design for the life of the development, and in a manner that
ensures healthy, sustained and vigorous plant growth. All plant material must
be allowed to grow to full form and be refurbished when its life expectancy is
reached.
12. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
Site Access and Driveways
Page 9 of 21
Section 10
ORDINARY MEETING MINUTES 15 JANUARY 2015
13. A sealed access driveway must be provided from the common property road to
all parking and manoeuvring areas of the development. The works must include
in particular a driveway crossover in accordance with IPWEAQ standard
drawing SEQ R- 051 or R-052
Car Parking
14. A minimum of 17 car parking spaces must be provided and marked on the site.
The car parking must be made available and accessible at all times while the
use is open for business. The works must include in particular:
a. carspaces 1-5 and 12-15 must be allocated as staff parking spaces
b. 1 disabled parking space within the total
c. crossfalls and gradients in accordance with Australian Standard AS2890:
Parking Facilities
d. wheel stops for carspaces 7-12 to prevent vehicles entering the biobasin.
The wheel stops must be designed and installed in accordance with
AS/NZS2890.1:2004.
15. 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.
16. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
Service Vehicles
17. Service vehicle parking, manoeuvring and standing spaces must be provided
on the site.
Stormwater Drainage & Quality
18. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge.
19. Any overflow from rainwater tanks installed on site must receive treatment
within the bioretention basin prior to release from the site.
Earthworks and Retaining Walls
20. All fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council. All earthworks must be undertaken in accordance with the provisions
of Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
21. Where the development involves excavation or filling over, or adjacent to,
drainage, water supply or sewerage infrastructure, all access chamber surface
levels must be adjusted to provide a freeboard of 100mm above the finished
ground surface level.
Damage to Services and Assets
22. 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.
Page 10 of 21
Section 11
ORDINARY MEETING MINUTES 15 JANUARY 2015
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.
Signage
23. All advertising signage must comply with the Advertising Devices Code.
Waste Management
24. Refuse storage, removal and collection facilities must be provided in
accordance with the following:
a. provision of separate bins (240l wheelie bins or 1.1 m3 bulk bins) for
general and recyclable waste for the site
b. collection by service vehicles from the kerbside of the internal common
property road frontage
c. provision of a hardstand impervious area within the site for the permanent
storage location of the bins, having minimum dimensions of 0.36 m2
(600mm x 600mm) per bin
d. provision of a 1.5m high purpose built enclosure to the storage location
which is screened from the street
e. provision of a wash-down area in the vicinity of the permanent storage
location fitted with a hose-cock and a drain connected to the sewer that
has a stormwater catchment area of no more than 1m².
OPERATIONAL WORKS
Prior to Commencement of Works
25. Council must be contacted at least 5 working days prior to any works
commencing to organise a prestart. The contact number to arrange a pre-start
meeting is 5329 6244. The pre-start meeting must include the relevant parties
for the following aspects of the works:
a. Civil engineering works;
b. Erosion and sediment control works
26. A Construction Management Plan must be submitted to Council prior to the pre-
start meeting and must specifically address the following:
a. Traffic Management during all aspects of the construct phase including:
(i) A Traffic Management Control Plan in accordance with Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures prior to construction
(ii) Maintenance of safe pedestrian access across the frontage of the
site both during daily construction and after daily construction has
ceased
(iii) Proposed fencing to the site during the construction phase of the
development
(iv) Adequate parking arrangements for construction workers
b. Maintenance and protection of water quality and existing drainage lines
through the construction site through the implementation of appropriate
erosion and sediment control measures
c. Works program identifying key components of the works and their
respective durations
d. Establishment of a communication protocol with the general public,
adjoining owners, emergency services and local businesses to advise of
construction times, impacts on traffic and services and other relevant
issues
Page 11 of 21
Section 12
ORDINARY MEETING MINUTES 15 JANUARY 2015
27. Any conflict between the development and an existing or proposed service
must be referred to the relevant service authority for determination prior to
commencement of works.
During Construction
28. The developer must meet any costs to repair damage to any Council asset
during construction, where damage is a result of the development works.
Damage to assets must be repaired immediately where it creates a hazard to
the community. In circumstances where the damage does not create a hazard
to the community, it must be repaired immediately on completion of the works
associated with the development. A condition report including photographs of
the Rene Street frontage of the site should be completed and submitted to
Council at the prestart meeting.
29. All works must be supervised by a Registered Professional Engineer of
Queensland (RPEQ) who is independent of the Developer and Principal
Contractor, and they must certify that all works conform to the Operational
Works permit. Where municipal works are involved, such confirmation must be
submitted for the respective hold points prior to any site inspection by Council
Officers.
30. All works must be constructed in accordance with:
a. The approved plans/documents and conditions detailed in this Decision
Notice
b. All relevant Noosa Council Planning Scheme Policies, standard drawings,
standard specifications and guidelines
c. The latest version of the Healthy Waterways document “Water Sensitive
Urban Design Technical Design Guidelines for South East Queensland”
for all water quality devices to be constructed on site.
Bioretention Basins
31. During construction and establishment of the bioretention devices, the
supervising RPEQ must certify that the device was constructed in accordance
with Construction and Establishment Guidelines: Swales, Bioretention Systems
and Wetlands (Water by Design, 2009) and that the forms contained in section
3.15 of the guidelines, including the associated supporting information and
data, are completed. These forms and certification must be submitted to
council prior to commencement of use.
32. A construction hold point with a council delegate must be established once the
contributing catchment is effectively stabilised with at least 80% groundcover,
and bioretention device underdrainage pipe work is installed.
33. At the time of the construction holdpoint, a sample of the drainage layer,
transition layer, and filtration media materials must be stockpiled onsite
accompanied by laboratory results that demonstrate that the media complies
with the specifications contained in the latest version of the Guidelines for Soil
Filter Media in Bioretention Systems (Facility for Advancing Water Biofiltration)
and that the minimum hydraulic conductivity of 180mm/hr or as specified on the
approved engineering plans will be achieved.
34. The bioretention underdrains and cleanout points must be provided as uPVC
pipe generally as shown on IPWEAQ Standard DrawingWSUD-003.
35. Where the bioretention filter media interfaces with stormwater pits and retaining
walls, nonwoven geotextile must be fixed to the pit/retaining wall and extend
300mm out into the filter media generally in accordance with IPWEAQ Standard
Drawing WSUD-001 to prevent tunnelling of water along the interface.
Page 12 of 21
Section 13
ORDINARY MEETING MINUTES 15 JANUARY 2015
36. All overflow pits within the bioretention devices must be provided with letterbox
type grates in accordance with IPWEAQ Standard Drawing WSUD-001.
37. A minimum of five of the following species must be planted in the bioretention
basin surface at a minimum density of 8 plants/m2:
a. Carex appressa.
b. Carex fascicularis.Ficinia nodosa.
c. Juncus usitatis.
d. Lomandra longifolia.
e. Ghania sieberiana.
38. Where landscaping/garden beds are proposed adjacent to the bioretention
basin, a 900mm deep root barrier must be installed to the interface between the
landscape/garden area and the bioretention basin.
39. Following Construction - Prior to issuing of a final compliance certificate, council
must receive evidence that the results for the in situ hydraulic conductivity
testing conducted in accordance with PRACTICE NOTE 1: In Situ
Measurement of Hydraulic Conductivity (FAWB, April 2008) for the bioretention
filter media achieve the design criteria.
40. Maintenance - All stormwater quality treatment devices must be maintained in
accordance with the Maintaining Vegetated Stormwater Assets, Version 1
(Water by Design, 2009). Records of all maintenance activities undertaken
must be kept and made available to council upon request.
Erosion and Sediment Control
41. Erosion and sediment control measures must be installed and maintained to
minimise erosion on the site and to minimise the export of sediment and
associated pollutants from the site. The erosion and sediment control measures
must be designed, installed and maintained in accordance with current best
practice standards.* Any waters discharged from the site in a 43mm rainfall
event or less must contain less than 50mg Total Suspended Solids per Litre.
(*refer to advisory notes)
42. Prescribed Water Contaminants (as defined in the Environmental Protection Act
1994) must not be released from the site or to waters within the site, or be likely
to be released should rainfall occur, unless all reasonable and practicable
measures as detailed within the International Erosion Control Association Best
Practice Erosion and Sediment Control Document (2008) are taken to prevent
or minimise the release and concentration of contamination.
43. Prior to the the issue of the Certificate of Classification, all site surfaces must be
effectively stabilised using methods which have achieved effective short-term
stabilisation and which will continue to achieve effective stabilisation in the
medium to long-term (refer to advisory notes). For the purpose of this condition,
an effectively stabilised surface is defined as one that does not, or is not likely
to result in visible evidence of soil loss caused by sheet, rill or gully erosion or
lead to sedimentation, or lead to water contamination.
44. Any exposed areas must be effectively stabilised without delay and prior to
rainfall occurring.
Works Within Road Reserve/Reinstatement
45. Safe pedestrian access on all streets in the vicinity of the development must be
maintained at all times. Should footpath/road closures be necessary to carry out
construction works, Council’s Engineering Officer must be notified prior to the
proposed closure and all requirements complied with.
Page 13 of 21
Section 14
ORDINARY MEETING MINUTES 15 JANUARY 2015
46. All frontage works must match neatly with existing road and verge/footpath
features. Additional works beyond the frontage may be required to provide an
acceptable transition to existing road and verge/footpath profiles. In this regard,
any sections of the footpath in the common property frontage of the site that is
either damaged or missing must be replaced as part of these works.
Site Access and Driveways
47. Any existing unnecessary or redundant property accesses must be removed,
and the kerb, footpath and verge area reinstated to match the existing footpath
and/or verge treatments. Grassed verge areas to be reinstated must be
provided with 100 mm topsoil and grass seed or turf, and must be maintained
by the developer until established.
48. The following must be complied with during the construction of the required
crossover/driveway:
a. The driveway must be constructed so as not to concentrate stormwater
runoff onto neighbouring properties or cause ponding of water within the
road reserve
Earthworks
49. The finished surface levels of the site must be graded and shaped to ensure
that all surface runoff is directed to the proposed drainage system and not
directed on to any adjoining property.
50. All earthworks shall be undertaken in accordance with the provisions of AS
3798 Guidelines on Earthworks for Commercial and Residential Development.
Certification must be provided by an RPEQ and submitted to Council the issue
of the Certificate of Classification for the building.
Service Conduits under Existing Road Features
51. Electrical conduits or other services proposed to be installed under existing
sealed carriageways, concrete pathways or concrete/sealed driveways must be
installed by boring. Trenching is not permitted, unless specifically approved by
Council.
Supervision/Certification
52. Upon completion of the work a certificate must be issued by an RPEQ certifying
that the works have been constructed in accordance with the Operational
Works permit.
Landscaping
53. The finished level of all mulch in garden beds must be a minimum of 50mm
below the level of the adjacent top of pavement. All landscaping is to be
constructed in accordance with Council’s Planning Scheme Policy PSP03
Landscaping Plants and Guidelines.
54. All approved landscaping works must be maintained in good condition for the
duration of the approved use.
55. All landscape works must be constructed and work procedure undertaken in
accordance with:
a. The approved plan and conditions detailed in this Decision Notice.
b. All relevant council Planning Scheme Policies, standard drawings,
standard specifications and guidelines.
56. Landscape works must be supervised, constructed and certified by qualified
persons*. (* Refer to Advisory Note)
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Section 15
ORDINARY MEETING MINUTES 15 JANUARY 2015
Advisory Notes
Qualified Person – Landscaping
1. For the purpose of supervising landscape works and preparing a landscape
certification, is considered to be a landscape architect, landscape designer or
horticulturist with a minimum of three years current experience in the field of
landscape design.
Equitable Access and Facilities
2. The plans for the proposed building work have NOT been assessed for
compliance with the requirements of the National Construction Code - Building
Code of Australia (Volume 1) as they relate to people with disabilities. Your
attention is also directed to the fact that in addition to the requirements of the
National Construction Code as they relate to people with disabilities, one or
more of the following may impact on the proposed building work:
a. the Disability Discrimination Act 1992 (Commonwealth);
b. the Anti-Discrimination Act 1991 (Queensland); and
c. the Disability (Access to Premises – Buildings) Standards.
Development Compliance Inspection
3. Prior to the commencement of the use, please contact Council's Development
Assessment to arrange a Development Compliance Inspection.
Infrastructure Charges
4. This Development Permit will trigger an “Infrastructure Charge Notice” to be
issued in accordance with Council’s “Adopted Infrastructure Charges
Resolution” under the State Planning Regulatory Provision (Adopted Charges)
and the Sustainable Planning Act 2009.
General Advisory Notes
5. Council has undertaken an audit check of the Operational Works drawings in
relations to the proposed works. A detailed check of the calculations and
drawings has not been undertaken, as they have been certified by a RPEQ.
The RPEQ bears full responsibility for all aspects of the engineering design.
Council reserves the right to require further amendments and/or additions at a
later date should design errors become apparent.
6. Council reserves the right to call up any performance bond held or levy charges
against the property, should emergency works be required to be undertaken by
Council to make the site safe due to inactivity on the development site for
extended periods of time.
7. Should any changes or modifications to the approved plans be required as a
result of construction constraints, a “Request to change an existing approval”
under the Sustainable Planning Act 2009 must be made. Amended plans
clearly indicating the changes must be lodged with this application along with
the appropriate fees.
Prestart, On and Off Maintenance Inspections Request
8. Contact Council on 5329 6244 to arrange a prestart or an inspection giving a
minimum of 5 business days’ notice of preferred inspection time.
9. If Council officers are required to undertake additional inspections of the same
works, a reinspection fee will be applicable in accordance with Council’s Fees
and Charges register applicable at the time.
Erosion and Sediment Control
10. Accepted best practice standards include:
a. the Sunshine Coast Regional Council Manual for Erosion and Sediment
Control V1.2 or other superseding document subsequently adopted by
Noosa Council;
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Section 16
ORDINARY MEETING MINUTES 15 JANUARY 2015
b. Best Practice Erosion and Sediment Control, International Erosion
Control Association (2008)
11. As a general rule, a site is determined to have achieved effective short-term
stabilisation if at the time of the request for “on maintenance”:
a. Methods of stabilisation are:
• appropriate for slopes and slope lengths; and
• are consistent with best practice environmental management
practices such as in the Manual for Erosion and Sediment Control
or the IECA Manual; and
• Stormwater runoff from the site is not currently, and is not likely to
result in visible evidence of sedimentation or erosion, or lead to
water contamination.
12. If at the time of request for “on maintenance”, the method of short-term
stabilisation has not achieved a level of stability that Council's Officers believe
will have a high probability of achieving long term stability, Council Officers may
take the following matters into consideration in determining whether the site is
capable of achieving medium to long-term stability:
a. Evidence that the site has been effectively stabilised in the short term;
b. Evidence that soil has been adequately ameliorated;
c. Evidence that seed of annual and perennial grass species has been
applied at an adequate rate; and
d. That grass seed has germinated at a density that is likely to achieve an
effective grass cover.
For example, while hydromulch can provide an immediate and effective
stabilising cover to soils, the protective cover can be relatively short-lived if
vegetation fails to establish before the thin layer of mulch decomposes. So if
hydromulch is selected as the method of temporary short term stabilisation,
Council Officers will seek to confirm that perennial as well as annual grasses
are well established to reduce the risk of instability of the site in the medium to
long term. As a general rule, hydromulch will only be accepted as a “patch” fix
and should comprise no more than 20% of the exposed site area due to the
high risk of failure. Due to the requirement to progressively stabilise exposed
areas, it is not envisioned that this will present any difficulties for an
appropriately managed and compliant site.
Property Notation
MCU14/0077 – Stormwater Treatment Device
The following notation applies to the subject lot:
This property is serviced by a bioretention basin water quality treatment device
that must be maintained in accordance with the document titled Maintaining
Vegetated Stormwater Assets, Version 1 (Water by Design, 2009). Records of
all maintenance activities undertaken on stormwater quality treatment devices
must be kept for a minimum of 5 years and made available to Council upon
request.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The proposal adds to the range of businesses and employment opportunities in
the Shire Business Centre
2. The trade related warehouse and showroom is more compatible with industrial
uses when compared to typical retail uses and is therefore suitably located as
proposed, being a transitional area between industrial and retail uses in the
Shire Business Centre.
Page 16 of 21
Section 17
ORDINARY MEETING MINUTES 15 JANUARY 2015
5 APPLICATION FOR BUILDING WORKS WITHIN 4.5 METRE SETBACK SITUATED AT
81 SHOREHAVEN DRIVE, NOOSAVILLE - RAP14/0040
That Council note the report by the Development Planner to the General Committee
Meeting dated 12 January 2015 regarding Application No. RAP14/0040 for a Concurrence
Agency Response situated at 81 Shorehaven Drive, Noosaville 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 Concurrence Agency Response 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, prepared by Date
1416Asbuilt.dwg Asbuilt Building Location, prepared by Sight Surveys 24/11/2014
1410 – 10 B Elevations 3 & 4, prepared by Design to Detail 15-07-14
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $2,000
must be submitted to Council to secure performance of all conditions of this approval.
The bond submitted for PBA14/0018 can be used for this condition. 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.
Noosa Waters Setback
4. The land area within 4.5 metres of the revetment wall must be developed in
accordance with the following requirements:
a. a minimum of 25% of the area must be planted with shrubs.
b. a maximum of 25% of the area must be under hard pavement and the balance
must be turf or ground covers.
c. any tree species planted must not have a mature height that exceeds 3 metres.
d. two (2) trees of suitable species must be planted adjacent to the steel columns
and the concrete plinths to both the eastern and western boundaries. The
planted vegetation must have a minimum pot size of 45 litres, have a minimum
spacing of 1.5m and consist of native, endemic species with a mature height of
not more than 3 metres. The trees must be planted in accordance with
Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines.
e. all land within 1 metre from the revetment wall must not be planted with shrubs,
and instead must be provided with either turf or ground cover.
f. any side boundary fencing within 4.5 metres of the revetment wall must taper
down to a maximum height of 1.2 metres at the revetment wall, and must have
a height not exceeding 1.5 metres at a distance of 2.25 metres from the
revetment wall.
Page 17 of 21
Section 18
ORDINARY MEETING MINUTES 15 JANUARY 2015
6 ENVIRONMENT LEVY POLICY
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 12 January 2015 and
A. Adopt the Noosa Environment Levy Policy as set out in Attachment 1;
B. Endorse the development of an Environment Levy Guideline to guide the
implementation of the Environment Levy Policy;
C. Endorse the development of Strategic Biodiversity Corridor maps to assist with the
implementation of the Environmental Levy; and
D. Endorse the formation of an Environment Levy Working Group consisting of the
Council staff identified in the report minus the Coordinator Financial Services but
including Councillor Wellington.
7 NOOSA LOCAL GOVERNMENT AREA PEST MANAGEMENT PLAN
That Council note the report by the Principal Environment Officer to the General Committee
Meeting dated 12 January 2015 and:-
A. Note that the Pest Management Plan Stakeholder Group has prepared a Draft Noosa
Local Government Area Pest Management Plan 2015-2019; and
B. Approve the undertaking of a 28 day public consultation process for the Draft Noosa
Local Government Area Pest Management Plan 2015-2019, as a requirement of the
Land Protection (Pest and Stock Route Management) Act 2002.
8 PLANNING & ENVIRONMENT COURT APPEAL D194 OF 2014 FOR SELF STORAGE
FACILITY AND SIGNAGE AT 64-66 RENE ST NOOSAVILLE MCU14/0049 &
OPW14/0276
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 January 2015 regarding Planning and Environment Court
Appeal D194 of 2014 and agree to defend the appeal.
9 APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES - RETAIL BUSINESS
TYPE 2 SHOP & SALON SITUATED AT 13 NOOSA DRIVE, NOOSA HEADS
MCU14/0087 Document in for matio n
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 January 2015 regarding Application No. MCU14/0087 for a
Development Permit for Retail Business Type 2 – Shop & Salon situated at 13 Noosa
Drive, Noosa Heads and note the issue be further considered at the Ordinary Meeting to
allow Councillors time for a site visit.
10 WAIVER OR PARTIAL WAIVER OF DEVELOPMENT APPLICATION CHARGES FOR
1 JULY 2014 TO 31 DECEMBER 2014
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 January 2015 regarding the waiver or partial waiver of
development application charges for 1 July 2014 to 31 December 2014.
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Section 19
ORDINARY MEETING MINUTES 15 JANUARY 2015
11 REVIEW OF BUILDING ACT 1975 AND BUILDING CERTIFICATION IN QUEENSLAND
That Council note the report by Building and Plumbing Services Manager to the General
Committee Meeting dated 12 January 2015 with regard to proposed changes to the
Building Act 1975 and authorise the Chief Executive Officer to respond to the State
Government on points 1 to 7 identified in the report.
13 PROPOSED LEASE TO GOOD SHEPHERD LUTHERAN COLLEGE NOOSA
That Council note the report by the Property and Facilities Manager to the General
Committee Meeting dated 12 January 2015 and
A. Authorise the Chief Executive Officer to enter into negotiations for a 20 year lease to
the Lutheran Church of Australia QLD District over part of Lot 909 SP236313 for
recreation purposes;
B. Authorise the Chief Executive Officer to enter into negotiations for a 20 year lease to
the Lutheran Church of Australia QLD District over part of Lot 100 SP162077 for
recreation purposes; and
C. Apply the exception to the requirement for tendering of the lease under Section 236
(1) (b) (ii) of the Local Government Regulation 2012 as the lease is to a community
organisation.
14 FINANCIAL PERFORMANCE REPORT DECEMBER 2014 n
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 January 2015 providing the December 2014 monthly financial
performance report.
15 BUDGET REVIEW CONTRIBUTION TO POMONA COORAN RUGBY LEAGUE SPORTS
FIELD LIGHTING PROJECT
That Council note the report by the Development Officer – Sport and Recreation to the
General Committee Meeting dated 12 January 2015; and:
A. Approve additional funds of $30,000 to be funded in the next budget review to
increase Council’s contribution towards the lighting upgrade at the Cooran Sports
Facility; and
B. Authorise the Development Officer – Sport and Recreation to advise relevant parties
of the approved additional funds.
17 NOOSA COUNCIL REPORT 2014
That Council note the report by the Governance Advisor to the General Committee Meeting
dated 12 January 2015 and:
A. Adopt the “Noosa Council Report 2014” (Attachment 1) incorporating the Audited
Financial Statements of Noosa Council for the period 1 January 2014 to 30 June
2014; and
B. Authorise the Chief Executive Officer to make any minor amendments to the Report.
Page 19 of 21
Section 20
ORDINARY MEETING MINUTES 15 JANUARY 2015
6 ORDINARY MEETING REPORTS
1 FURTHER REPORT - APPLICATION FOR REFERRAL AGENCY RESPONSE
DETACHED HOUSE SITUATED AT 62 PARK RD, NOOSA HEADS RAP14/0029
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Development Planner to the General Committee dated
12 January 2015 and the further report to the Ordinary Meeting dated 15 January 2015
regarding Application No. RAP14/0029 for a Referral Agency Response for a Detached
House at 62 Park Rd, Noosa Heads and refuse the application for the following reasons:
1. The proposal is likely to dominate the site and visually impact on the vegetated
entrance to Noosa National Park;
2. The proposal does not meet the Specific Outcomes of the Detached House Code in
regard to setbacks, as the proposed building is likely to impact on the amenity of Mitti
Street; and
3. The proposal does not meet the Specific Outcomes of the Detached House Code in
regard to site cover, as the proposal is not of a scale compatible with surrounding
buildings, will present a bulky appearance to Mitti Street and fails to provide sufficient
landscaping around the building.
Carried.
2 FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE OF PREMISES
- RETAIL BUSINESS TYPE 2 SHOP & SALON SITUATED AT 13 NOOSA DRIVE,
NOOSA HEADS MCU14/0087
Motion
Moved: Cr Pardon
Seconded: Cr Jurisevic
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 January 2015 regarding Application No. MCU14/0087 for a
Development Permit for Retail Business Type 2 – Shop & Salon situated at 13 Noosa
Drive, Noosa Heads and approve the application 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
Sheets 1 to 3 - Site Plan, Side View, Front View prepared by Craig Davies 12/11/14
Nature and Extent of Approved Use
3. The area used for the display, sale and/or hire must not exceed 9m2, with the trailer
used to store/display the goods maintained in good condition and repair.
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Section 21
ORDINARY MEETING MINUTES 15 JANUARY 2015
4. The trailer must be stored outside of business hours in the approved car parking
spaces for the site.
5. The approved use must only occur within the subject site at 13 Noosa Drive, Noosa
Heads.
6. At all times while the use is operating, an area on site must be available for parking of
1 vehicle and be of sufficient dimension that allows a vehicle to turn around on site
and enter and exit the site in a forward direction. A plan identifying this area shall be
submitted to Council prior to commencing the use.
Temporary Development Approval
7. This temporary development approval expires in 12 months, on 15 January 2016.
Upon request, Council may provide written consent to extend the approval.
Lost.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 January 2015 and the Ordinary Meeting dated 15 January
2015 regarding Application No. MCU14/0087 for a Development Permit for Retail Business
Type 2 – Shop & Salon situated at 13 Noosa Drive, Noosa Heads and refuse the
application for the following reasons:
1. The proposal provides inadequate, and poorly accessible on site vehicle parking and
manoeuvring areas;
2. Additional vehicles accessing the site from the proposed business are likely to impact
on the pedestrian and traffic safety of Noosa Drive; and
3. The proposal is contrary to the overall outcomes of the Noosa Plan’s Driveways and
Carparking Code.
Carried.
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 12 February 2015 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.52pm
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