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2021-08-19 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 19 August 2021
5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 19 AUGUST 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
M Shave, Acting Chief Executive Officer
K Contini, Director Community Services
A Dow, Acting Director Environment & Sustainable Development
D Iezzi, Director Executive Services
L Sengstock, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 5.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
The Minutes of the Ordinary Meeting held on 15 July 2021 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
Nil.
Page 2 of 28
Section 3
ORDINARY MEETING MINUTES 19 AUGUST 2021
4 PETITIONS
1 PETITION: REQUEST FOR COUNCIL TO ESTABLISH A BUSHCARE GROUP TO
UNDERTAKE WEED REMOVAL AND REVEGETATION OF THE EASTERN END OF
SHIELDS STREET, TEWANTIN NATURE CONSERVATION AREA
Refer to Attachment 1
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
That the petition signed by 52 people tabled by Cr Jurisevic requesting that Council
establish a local Bushcare Group to undertake weed removal and revegetation of the
Tewantin Nature Conservation Area located at the eastern end of Shields Street,
Tewantin be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried unanimously.
2 PETITION: REQUEST FOR COUNCIL TO PROVIDE A WALKWAY LINKING
SHIELDS ST TO DOONELLA ST, TEWANTIN ALONG THE EXISTING UNITWATER
INFRASTRUCTURE ALONG LAKE DOONELLA
Refer to Attachment 2
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That the petition signed by 145 people tabled by Cr Jurisevic requesting that Council to
provide a walkway linking Shields St to Doonella St, Tewantin along the existing
Unitywater infrastructure along Lake Doonella be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 28
Section 4
ORDINARY MEETING MINUTES 19 AUGUST 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 10 AUGUST 2021
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That the report of the Planning & Environment Committee dated 10 August 2021 be received and
the recommendations therein be adopted.
Carried unanimously.
1 MCU17/0530 - REQUEST REIMBURSEMENT OF 50% OF THE COST OF
DECOMISSIONING TANKS IN ROAD RESERVE AT 34 MAPLE STREET, COOROY
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 August 2021 and agree to reimburse 50% of the
cost of decommissioning the underground tanks in the road reserve at 34 Maple Street, Cooroy
to Madill Motors Pty Ltd being $5,075.12.
2 MCU17/0025.01 AND OPW17/0095.01 - APPLICATION FOR EXTENSION TO CURRENCY
PERIOD FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES - INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AND OPERATIONAL
WORKS APPROVAL (ADVERTISING DEVICES) AT 62 – 66 RENE STREET, NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 August 2021 regarding Application No. MCU17/0025.01 for an
extension to the currency period for a Development Permit for Material Change of Use for
Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising
Devices) situated at 62 and 64-66 Rene Street, Noosaville and:
A. Approve the extension to the currency period to 21 December 2022.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3 MCU21/0071 – APPLICATION FOR A MATERIAL CHANGE OF USE – FOOD AND DRINK
OUTLET AND SHOP AT 1/10 THOMAS STREET, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0071 for a
Development Permit for a Material Change of Use - Food and drink outlet and Shop situated
at Noosaville Plaza 10 and 1/10 Thomas St, 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
Page 4 of 28
Section 5
ORDINARY MEETING MINUTES 19 AUGUST 2021
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
3-10THOM-L1 C Site Proposal Plan, prepared by Neil Blamey 26 May 2021
3-10THOM-L2 A Landscape Plan, prepared by Neil Blamey 26 May 2021
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of:
a. 6am to 10pm Monday to Thursday
b. 6am to 12am Friday and Saturday
c. 9am to 10pm Sunday or any public holiday
4. The requirements of this condition must be included in the Community
Management Statement for any body corporate for the subject site.
5. 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. The requirements of this
condition must be included in the Community Management Statement for any body
corporate for the subject site.
6. The outdoor dining area must not exceed 24m2 as shown on the approved plans.
Building Appearance
7. All mechanical equipment and other service infrastructure located on the site must
be:
a. located not less than 2 metres from a property boundary
b. fully enclosed or screened such that they are not visible from the street
frontages nor adjoining properties. Where screened by landscaping,
landscaping beds must be at least 1.5 metres wide.
No part of the site may be used for outdoor storage of materials unless specified
on the Approved Plans or the conditions of this Decision Notice.
Currency Period
8. This development approval lapses if the use has not happened by 20 August
2027, unless an application to extend the currency period is approved by Council.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the commencement of the use. 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.
Page 5 of 28
Section 6
ORDINARY MEETING MINUTES 19 AUGUST 2021
Water & Sewer Connections
10. 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).
Landscaping Works
11. The development site must be landscaped. The works must be undertaken in
accordance with the Noosa Plan for that specific area and must include in
particular:
a. the works shown on the Approved Plans including species and spacing as
detailed on the Landscape Plan.
12. 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.
13. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Agree to enter into an Infrastructure Agreement with the applicant that provides for
contributions in lieu of one (1) on-site car parking space.
4 MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE, PEREGIAN BEACH OCUM ENT
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
5 MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN BEACH OCUM ENT
That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
due to the significance of the issue.
6 UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 August 2021 and adopt the “Noosa Shire Council
Charges Resolution (No.6) 2021” provided as Attachment 1 to the report, to replace the “Noosa
Shire Council Charges Resolution (No.5.1) 2020” and take effect on 20 August 2021.
7 CLIMATE CHANGE RESPONSE PLAN AND COMMUNITY CONSULTATION
SUBMISSIONS
That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
due to the significance of the issue.
Page 6 of 28
Section 7
ORDINARY MEETING MINUTES 19 AUGUST 2021
8 NOOSA TRAIL MASTERPLAN UPDATE
That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
due to the significance of the issue.
9 FRYING PAN PUBLIC FORESHORE INFRASTRUCTURE
That Planning & Environment Committee Agenda Item 9 be referred to the General Committee
for further consideration.
10 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2021
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 10 August 2021 regarding planning applications that
have been decided by delegated authority.
11 NOOSA RIVER STAKEHOLDER ADVISORY COMMITTEE UPDATE
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 10 August 2021 providing an update on outcomes of
the recently formed Noosa River Stakeholder Advisory Committee.
12 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE – 4TH
QUARTER 2020-21
That Council note the report by the Acting Director Environment and Sustainable Development
to the Planning and Environment Committee Meeting dated 10 August 2021 providing an
update on operations of the Environment and Sustainable Development Department for the
period 1 April to 30 June 2021.
Page 7 of 28
Section 8
ORDINARY MEETING MINUTES 19 AUGUST 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 10 AUGUST 2021
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That the report of the Services & Organisation Committee dated 10 August 2021 be received and
the recommendations therein be adopted.
Carried unanimously.
1 NOOSA NORTH SHORE FERRY UPDATE AND PROPOSED LEASE EXTENSION
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 2021-22 FEES AND CHARGES AMENDMENTS
That Council note the report by the Manager Financial Services to the Services & Organisation
Committee Meeting dated 10 August 2021 and pursuant to sections 97, 98 and 262(3)(c) of
the Local Government Act 2009, amend the proposed fees and charges provided in
Attachment 1 to the report for subsequent revision in the published 2021-22 schedule of fees
and charges.
3 NOOSA HOLIDAY PARKS UPDATE REPORT TO 30 JUNE 2021
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 10 August 2021 providing an update on operations of
the Noosa Holiday Park Business Activity for the financial year ending 30 June 2021.
4 CORPORATE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 10 August 2021 providing a Corporate Services Department update
for the period 1 April to 30 June 2021.
5 CAPITAL PROGRAM DELIVERY STATUS – 30 JUNE 2021
That Council note the report by the Acting Asset Planning Manager to the Services &
Organisation Committee Meeting dated 10 August 2020 providing an update on the delivery
of the 2020/21 capital program.
6 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 10 August 2021 providing an update on operations of
the Infrastructure Services Department for the period 1 April to 30 June 2021.
Page 8 of 28
Section 9
ORDINARY MEETING MINUTES 19 AUGUST 2021
7 COMMUNITY SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 10 August 2021 providing an update on the operations
of the Community Services Department for the period 1 April to 30 June 2021.
8 EXECUTIVE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 10 August 2021 providing an update on the operations of the
Executive Services Department for the period 1 April to 30 June 2021.
Page 9 of 28
Section 10
ORDINARY MEETING MINUTES 19 AUGUST 2021
3 GENERAL COMMITTEE MEETING REPORT – 16 AUGUST 2021
5 FRYING PAN PUBLIC FORESHORE INFRASTRUCTURE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter as a personal
friend of mine, Yeska Mass, owns property near the Frying Pan and regularly ties her boat up to one of
the jetty structures mentioned in the report. As a result of my conflict of interest I will now leave the
meeting room while the matter is considered and voted on.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 10 August 2021 regarding the Frying Plan foreshore
issues on the Noosa North Shore and:
A. Acknowledge the circumstances concerning the inappropriate use of the public foreshore
at the Noosa North Shore Esplanade for vessel storage and unlawful structures;
B. Write to adjacent residents advising them of the circumstances and that Council is in
early stages of planning a clean-up program of the public foreshore; and
C. Request the CEO to prepare a project plan inclusive of consultation, a compliance
program, clean up and rehabilitation program and related budget implications for further
consideration of Council.
Carried unanimously.
Cr Wegener re-joined the meeting.
7 MCU20/0072 – APPLICATION FOR MATERIAL CHANGE OF USE – EDUCATIONAL
ESTABLISHMENT - AT 115 EUMUNDI-NOOSA ROAD, NOOSAVILLE
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 16 August 2021 regarding MCU20/0072 for a Development Permit for Material Change
of Use – Educational Establishment, situated at 115 Eumundi-Noosa Road, Noosaville and:
A. Approve the application subject to 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.
Page 10 of 28
Section 11
ORDINARY MEETING MINUTES 19 AUGUST 2021
Plan No. Rev. Plan/Document Name Date
SK-01 P1 Location Plan prepared by Burling Brown Architects 01.07.2020
SK-02 P3 Proposed Site Plan prepared by Burling Brown 20.07.2020
Architects
A-000 I Schedules – Building Shell (MQB) prepared by Ausco 15.07.2020
Modular
A-001 I Site Plan (MQB) prepared by Ausco Modular 15.07.2020
A-100 I Site Plan (MQB) prepared by Ausco Modular 15.07.2020
A-101 I Roof Plan (MQB) prepared by Ausco Modular 15.07.2020
A-200 I Elevations (MQB) prepared by Ausco Modular 15.07.2020
Concept plan detailing upgrade of the existing drop-
off/pick-up / carpark configuration
Plan detailing options for internal vehicular link
Amenity
3. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation
of excessive noise, lighting nuisance or other emissions.
4. Any advertising sign or device is to comply with the provisions of Council's policies
on advertising.
Nature and Extent of Approved Use
5. The approved demountable buildings must only be used to service current
enrolments and must not be used to facilitate an increase in enrolments.
6. The number of students must not exceed 1105.
7. A minimum of 328 car parking spaces must be provided on site.
Currency Period
8. This development approval lapses if the use has not happened by 20 August
2027, unless an application to extend the currency period is approved by Council.
Land Amalgamation
9. Lot 1 on SP228052 and Lot 30 on SP170751 must be amalgamated.
Traffic
10. The drop off/pick up/ carpark configuration, accessed from the Goodchap
Street/Eumundi Noosa Road roundabout entry, as detailed in the approved plans
must be upgraded in accordance with an Operational Works approval.
11. An internal one-way vehicular link from the new staff car park to the Goodchap
Street/Eumundi Noosa Road roundabout exit as detailed in the approved plans
must be provided in accordance with an Operational Works approval.
12. The applicant will comply with the requirements of any deed of agreement entered
into with Council with respect to:
a. The upgrade of the drop off/pick up/ carpark configuration accessed from the
Goodchap Street/Eumundi Noosa Road roundabout entry; and
b. The provision of an internal one-way vehicular link from the new staff car
park to the Goodchap Street/Eumundi Noosa Road roundabout exit.
Page 11 of 28
Section 12
ORDINARY MEETING MINUTES 19 AUGUST 2021
ENGINEERING
Stormwater Drainage
13. The site must be provided with a stormwater drainage system connecting to the
existing school drainage system and the lawful point of discharge.
14. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services
and assets must first be referred to the relevant service authority for approval.
B. Enter into a Deed of Agreement with the applicant that provides for the carrying out of
upgrade works to the drop off/pick up/ carpark configuration accessed from the
Goodchap Street/Eumundi Noosa Road roundabout entry and an internal vehicular link.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D. Include the following advisory note:
1. Walking and cycling play an important role in Noosa for transport, recreation and
health reasons and the school is encouraged to establish and promote a walk and
ride program for staff and students as the preferred mode of transport where safe
connecting pathways exist. Council may consider the increase in active transport
and school bus usage when evaluating the need for carparking within the agreed
18 month period.
Carried unanimously.
11 UPDATE ON COASTAL HAZARDS ADAPTATION PLAN (CHAP)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
properties identified as `at risk' under the draft CHAP. My brother owns a beachfront property at Sunrise
Beach. The Property is directly affected by the draft CHAP and directly covered by mapping looking at
future erosion risk based on future models. My brother has also made a submission on the CHAP and
is also a member of the executive committee of the Eastern Beaches Protection Association Inc. During
my election campaign my brother helped me with my campaign, handed out voting cards and 2 of my
election signs were outside his property on David Low Way. At Monday’s General Meeting, I declared
my COI and asked to leave the room as I have in the past because although “ I believe I could consider
the matter impartially and in the public interest, I believe that some members of the public may still have
a perception of bias”. Because of the significance of the CHAP and its Shire-wide implications, and
because I have received legal advice from Council’s lawyers to state that I have a declarable and not
prescribed COI, I would like to exercise my right to due process under s150 ES(3) of the Local
Government Act 2009,and ask that the Councillors present at this meeting room, be my judge and
decide whether I must leave the room or if I can stay and participate in the meeting, including voting on
the matter. The legal advice received a few days ago, states that my personal interest in matters
concerning the CHAP in fact form the basis of a declarable conflict of interest and not a prescribed
interest: “when matters being considered by Council is not an application, rather the draft CHAP, we
consider that the personal interest is not caught by s150EI and is not capable of forming the basis of a
prescribed COI in matters concerning the CHAP.” It is on record that on a number of occasions I have
indicated to the CEO that I would strongly prefer to be engaged in the CHAP process on the basis that
this issue is a significant one for the whole community and the whole shire deserves the representation
of all its elected representatives. In fact the CHAP has political, legal and financial implications for the
Page 12 of 28
Section 13
ORDINARY MEETING MINUTES 19 AUGUST 2021
whole SHIRE of Council not just Sunrise Beach, and the narrow area that affects my brother. Many of
these implications are unrelated to the perceived interest of one property on the Eastern Beaches.
Everyone in this room and every ratepayer will be impacted by the CHAP and not just my brother.
Council assets, our beaches, the environment and all ratepayers. This is evident on page 3 of the Draft
CHAP, where the CHAP’s core objectives are listed to include:
identifying what actions are required to avoid, reduce or adapt to these risks to people, property,
assets and environment;
providing mapping and visual products and deliverables that are useful for a range of purposes
across Council departments and functions and within the community (e.g. planning scheme, asset
management, community awareness, disaster management and financial planning; and
to provide direction for a coordinated approach for Council and the community to adapt to climate
change and coastal hazards.
The CHAP covers open Coast areas - Peregian Beach to Sunshine Beach, Noosa Heads, and Noosa
North Shore. It includes areas along the Lower Noosa River (Noosa Heads, Tewantin, and in particular
Noosaville and Noosa North Shore) that will be increasingly at risk of inundation associated with rising
sea levels. Inundation and rising sea levels will pose the greatest risk to Council infrastructure such as
stormwater networks, open space and roads and some private property, as well as indirect
consequences on adjacent retail and commercial activities. In open coast areas, impacts will be
experienced not just to private properties, but also to Council Infrastructure, such as roads and
recreational areas, including our beaches. It is understood that the CHAP in its final form, together with
the Climate Change Adaptation Plan, the Zero Emissions Strategy and the Climate Change Policy, will
form Council’s response to climate change. Further, the CHAP is intended to guide decision-making
across key areas of Council, including:
Corporate and operational planning and financial planning;
Land use planning and development assessment;
Infrastructure planning, design and management including roads, stormwater and foreshores;
Management of non-infrastructure assets including conservation and recreational areas;
Community resilience planning; and
Emergency management.
These are significant Shire wide implications that will impact more than just the one property that my
brother owns at Sunrise Beach. It is my opinion that is not democratic nor reasonable to exclude me
from a significant or important shire wide issue which is, in my opinion, a policy and not a planning
instrument. Although I have a declarable conflict of interest and I believe I could consider the matter
impartially and in the public interest. I will choose to remain in the meeting room. However, I will respect
the decision of the meeting on whether I can remain and participate in the decision.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection
Association donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that
ran as a group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable
conflict of interest, I do not believe a reasonable person could have a perception of bias because I
believe that I do not have a close personal relationship with Mr Butt and I believe I can consider this
matter impartially and in the public interest. Therefore, I will choose to remain in the meeting room.
However, I will respect the decision of the meeting on whether I can remain and participate in the
decision.
Page 13 of 28
Section 14
ORDINARY MEETING MINUTES 19 AUGUST 2021
Motion
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
Lorentson would be able to consider this matter impartially and further, that Cr Lorentson’s participation,
along with the participation of all Councillors, would improve decision-making in the public interest on
such a significant matter.
For: Cr Stewart
Against: Crs Stockwell, Wegener, Jurisevic and Wilkie
Lost.
Crs Lorentson and Finzel did not vote on the above motion.
Motion
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson remain in the meeting room for this item, on the condition that she participates
in the debate but not the vote, because Council believes that Cr Lorentson could provide valuable input
into the discussion on such a significant matter, and therefore a reasonable person would trust that the
final decision is made in the public interest.
Amendment
Moved: Cr Wilkie
Seconded: Cr Stockwell
That the wording be changed as follows:
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson remain in the meeting room for this item, on the condition that she does not
participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches,
participates in the debate but not the vote, because Council believes that Cr Lorentson could provide
valuable input into the discussion on such a significant Shire-wide matter, and therefore a reasonable
person would trust that the final decision is made in the public interest.
The meeting adjourned at 6.06pm
The meeting resumed at 6.21pm
For: Crs Wilkie, Stockwell, Stewart, Wegener
Against: Crs Jurisevic
Carried.
Crs Lorentson and Finzel did not vote on the above motion.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a further declarable conflict of interest in this matter as I
have a close personal relationship with Mark Bain and the Bain family, owner of 1 Noosa River Road
which is an at risk property under the draft CHAP, they are family friends that have attended social
events together and whose children both attended school together and surfed together as part of the
Noosa Board Riders Club. During the election Cr Lorentson had an election sign at Gympie Tce Petrol
Station with the approval of the business owner and Mark Bain was the landlord of the property. Mr Bain
also appeared in one of Cr Lorentson’s videos circulated during the election campaign. I believe I can
consider this matter impartially and in the public interest. Therefore, I will choose to remain in the meeting
room. However, I will respect the decision of the meeting on whether I can remain and participate in the
decision without voting regarding the Eastern Beaches and Noosa North Shore.
Page 14 of 28
Section 15
ORDINARY MEETING MINUTES 19 AUGUST 2021
Amendment
Moved: Cr Wilkie
Seconded: Cr Stewart
That the wording be changed as follows:
That Council note the additional declarable conflict of interest by Cr Lorentson and determine that it is
in the public interest that Cr Lorentson remain in the meeting room for this item, on the condition that
she does not participate in the debate nor vote on issues regarding the private estate along the Eastern
Beaches and Noosa North Shore, because Council believes that Cr Lorentson could provide valuable
input into the discussion on such a significant Shire-wide matter, and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson and Finzel did not vote on the above motion.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wegener
That Council note the additional declarable conflict of interest by Cr Lorentson and determine that it is
in the public interest that Cr Lorentson remain in the meeting room for this item, on the condition that
she does not participate in the debate nor vote on issues regarding the private estate along the Eastern
Beaches and Noosa North Shore, because Council believes that Cr Lorentson could provide valuable
input into the discussion on such a significant Shire-wide matter, and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson and Finzel did not vote on the above motion.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public
interest that Cr Finzel remain in the meeting room for this item, on the condition that she does not
participate in the debate nor vote on issues regarding the private estate along the Eastern Beaches,
because Council believes that Cr Finzel could provide valuable input into the discussion on such a
significant Shire-wide matter, and therefore a reasonable person would trust that the final decision is
made in the public interest.
For: Crs Jurisevic, Wilkie, Stockwell
Against: Crs Stewart and Wegner
Carried.
Cr Lorentson and Finzel did not vote on the above motion.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 16 August 2021 and note progress on the Coastal Hazards Adaptation Plan (CHAP)
community engagement process.
Carried unanimously.
Cr Lorentson and Finzel voted for the motion.
Page 15 of 28
Section 16
ORDINARY MEETING MINUTES 19 AUGUST 2021
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the report of the General Committee dated 16 August 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE, PEREGIAN BEACH OCUM ENT
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0054 for a
Development Permit for Material Change of Use at 30 Kingfisher Drive, Peregian Beach and
request staff to provide a further report to the Ordinary Meeting dated 19 August 2021 providing
appropriate conditions for approval of the application.
2 MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN BEACH OCUM ENT
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0079 for a
Development Permit for Material Change of Use at 4 Teal Street, Peregian Beach, and request
staff to provide a further report to the Ordinary Meeting dated 19 August 2021 providing
appropriate conditions for approval of the application.
3 CLIMATE CHANGE RESPONSE PLAN AND COMMUNITY CONSULTATION
SUBMISSIONS
That Council note the report by the Principal Strategic Planner and Carbon Reduction Officer
to the Planning & Environment Committee Meeting dated 10 August 2021 and:
A. Note the report on submissions received during the community consultation on the draft
Climate Change Response Plan;
B. Adopt the final Climate Change Response Plan, provided at Attachment 1 to the report;
C. Request the CEO to establish a community reference group within 3 months of adoption
to assist with the implementation of the plan and in particular request that group include
representatives from the Kabi Kabi First Nations People;
D. Request the CEO to investigate options for the formation of a Youth Reference Group or
the like, to participate in Council’s climate change response and contribute to practical
solutions to include indigenous youth;
E. Request the CEO to develop a detailed implementation action plan in consultation with
the community reference group to inform Council’s future budget processes;
F. Note that Council has been awarded $310,000 in state government grant funding for two
climate change resilience pilot projects to work in collaboration with other southeast
Queensland councils to increase local government capability to mitigate and adapt to
climate risk.
Page 16 of 28
Section 17
ORDINARY MEETING MINUTES 19 AUGUST 2021
4 NOOSA TRAIL MASTERPLAN UPDATE
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 10 August 2021 and resolve to:
A. Rename the Noosa Trail Network to the Noosa Biosphere® Trail, consisting of the
Hinterland Trail and the Coastal Trail;
B. Adopt the Noosa Biosphere® Trail Concept map as a basis for the development of a
Shire-wide Trail Implementation Plan with an amendment to the Map legend to provide
greater clarity regarding the type of users that use the trail; and
C. Note the progress of the Trail 5 Pomona to Cooran Upgrade Works.
6 NOOSA NORTH SHORE FERRY UPDATE AND PROPOSED LEASE EXTENSION
That Council note the report by the Manager Property to the Services & Organisation
Committee Meeting dated 10 August 2021 regarding the Noosa North Shore Ferry lease and:
A. Agree to award the remaining 2-year lease extension to Noosa North Shore Ferries Pty
Ltd; and
B. Agree to consider a further report at Council’s February 2022 round of Council meetings
regarding proposed ferry service operating models, contractual arrangements and
tender process for the purpose of proceeding to procure a new ferry service operation
commencing 1 July 2024.
8 OPERATIONAL PLAN PROGRESS REPORT – 4TH QUARTER 2020-21
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 16 August 2021 regarding the 2020-21 and 2021-22 Operational Plans and:
A. Note the progress with the implementation of the 2020-21 Operational Plan to 30 June
2021 provided as Attachment 1 to the report;
B. Note Council’s Key Performance Indicators provided as Attachment 2 to the report; and
C. Adopt the amended Operational Plan 2021/22 provided as Attachment 3 to the report.
9 BUDGET REVIEW 1 (BR1) FOR THE 2021/22 FINANCIAL YEAR
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 August 2021 and approve the proposed changes to the budget for the
2021/22 financial year as outlined in the Revised Budget Financial Statements attached to the
report.
10 FINANCIAL PERFORMANCE REPORT – JULY 2021
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 August 2021 outlining July 2021 year to date financial performance against
budget, including performance against key financial sustainability indicators.
12 YEAR IN REVIEW – 2020-21
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 16 August 2021 providing a review of Council’s progress in the 2020/21 financial year
towards achieving the five key focus areas set out in Council’s Corporate Plan and thank
Council staff for their efforts in the last twelve months to progress so many significant projects
and providing outstanding service to our community.
Page 17 of 28
Section 18
ORDINARY MEETING MINUTES 19 AUGUST 2021
9 ORDINARY MEETING REPORTS
1 FURTHER REPORT – MCU21/0054 DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE - SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE,
PEREGIAN BEACH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter as on 9 January
2020, one of the 21 objectors to this application, Susan Francis, donated $750 to my 2020 election
campaign. Although I have a declarable conflict of interest, I do not believe a reasonable person could
have a perception of bias because Ms Francis does not stand to gain any material benefit from this
decision and is not the applicant. Her property is not affected in any way by this decision and she is only
one of 21 objectors whose views on this application align with the staff recommendation. 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 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 as on 7
January 2020, one of the 21 objectors to this application, Susan Francis, donated $500 to my 2020
election campaign. Although I have a declarable conflict of interest, I do not believe a reasonable person
could have a perception of bias because Ms Francis does not stand to gain any material benefit from
this decision and is not the applicant. Her property is not affected in any way by this decision and she is
only one of 21 objectors whose views on this application align with the staff recommendation. 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.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Wilkie and determine that it is in the public
interest that Cr Wilkie participates and votes on this matter because Council believes that as Ms Francis
is only one of 21 objectors to the application which aligns with the staff recommendation, Cr Wilkie would
be able to consider the matter impartially and therefore a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Crs Wilkie and Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
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 believes that as Ms
Francis is only one of 21 objectors to the application which aligns with the staff recommendation, Cr
Stockwell would be able to consider the matter impartially and therefore a reasonable person would
trust that the final decision is made in the public interest.
Carried unanimously.
Crs Wilkie and Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Lorentson
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 August 2021 and the further report to the Ordinary Meeting dated
19 August 2021 regarding Application No. MCU21/0054 for a Development Application for a
Page 18 of 28
Section 19
ORDINARY MEETING MINUTES 19 AUGUST 2021
Material Change of Use for Short Term Accommodation situated at 30 Kingfisher Drive,
Peregian Beach, 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
Ground Floor and First Floor Plan for 30 Kingfisher Drive
Peregian Beach
Currency
3. This development approval lapses if the use has not happened by 19 August
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 5.
5. No more than 10 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.
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.
Amenity
8. 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
9. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
10. 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
11. 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.
12. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
Page 19 of 28
Section 20
ORDINARY MEETING MINUTES 19 AUGUST 2021
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
13. 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.
14. 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
15. 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.
16. 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 a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
Page 20 of 28
Section 21
ORDINARY MEETING MINUTES 19 AUGUST 2021
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.
17. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
19. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
20. 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.
21. 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
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in the High and Medium Density Residential Zones.
2. The proposed short term accommodation is identified as a consistent use in the
Medium Density Residential Zone by the Noosa Plan 2020.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Jurisevic, Finzel, Stockwell, Lorentson and Stewart
Against: Crs Wegener and Wilkie
Carried
Page 21 of 28
Section 22
ORDINARY MEETING MINUTES 19 AUGUST 2021
2 FURTHER REPORT – MCU21/0079 DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE - SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN
BEACH
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 August 2021 and the further report to the Ordinary Meeting dated
19 August 2021 regarding Application No. MCU21/0079 for a Development Application for a
Material Change of Use for Short Term Accommodation situated at 4 Teal Street, Peregian
Beach, and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. The approved use must not commence until a building approval has been obtained
for all works carried out to the dwelling and for any additional outbuildings.
2. 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
3. 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
Level 1 and Level 2 Plan for 4 Teal Street
Peregian Beach
Currency
4. This development approval lapses if the use has not happened by 19 August
2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
5. The total number of bedrooms on the site must not exceed 4.
6. No more than 8 guests may occupy the premises at any time.
7. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
8. 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.
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
Page 22 of 28
Section 23
ORDINARY MEETING MINUTES 19 AUGUST 2021
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
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
Page 23 of 28
Section 24
ORDINARY MEETING MINUTES 19 AUGUST 2021
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 a 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:
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:
Page 24 of 28
Section 25
ORDINARY MEETING MINUTES 19 AUGUST 2021
a. the written record of complaints referred to in condition 19; and
b. the register referred to in condition 21
B. Advise that all building works must cease until a Development Permit for Building Works
is obtained.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in the High and Medium Density Residential Zones.
2. The proposed short term accommodation is identified as a consistent use in the
Medium Density Residential Zone by the Noosa Plan 2020.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Jurisevic, Finzel, Stockwell, Lorentson and Stewart
Against: Crs Wegener and Wilkie
Carried.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1 BRIAN O’CONNOR
Question 1:
The Noosa Plan 2020 contains a Pomona Framework and Character Plan indicating
streetscape and connectivity element such as landscaping, walkways and cycleways as
well as beautification and landscaping also possible locations for so called 'entrance
statements' and so I ask ... "What is the status of this plan in terms of Council's
commitment to it and implementation of planning to bring it to fruition?'
Response by Anthony Dow, Acting Director Environment & Sustainable
Development:
The Noosa Plan 2020 sets out Council's intention for future development in the Shire
and has been prepared with a 20 year horizon.
The Framework and Character Plans included in the Noosa Plan 2020 are strategic
concept plans which provide guidance for developments to enhance and improve key
character features within villages and town centres.
Should any development be proposed on a site subject to a Character and Framework
Plan, it would be required to incorporate and be generally consistent with these plans
and deliver the character outcomes required.
Should Council plan any future streetscape or landscape planting in these areas, subject
to resourcing in the horizon of the planning scheme, then these plans provide guidance
to Council in terms of character outcomes for the locality. They are indicative and provide
guidance to any future development or any planned Council works, but are not a
commitment as such. Council reviews its capital commitments each year as part of the
budget process.
Page 25 of 28
Section 26
ORDINARY MEETING MINUTES 19 AUGUST 2021
Question 2:
Has any work been done beyond the initial concept render by way of construction
timelines, public consultation on what's depicted and projected budget costs?
Response by Anthony Dow, Acting Director Environment & Sustainable
Development:
There has been no work done beyond the initial concept render by way of construction
timelines or public consultation.
12 NEXT MEETING
The next Ordinary Meeting will be held on 16 September 2021 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 6.57pm.
Page 26 of 28
Section 27
ORDINARY MEETING MINUTES 19 AUGUST 2021
ATTACHMENT 1
Page 27 of 28
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ORDINARY MEETING MINUTES 19 AUGUST 2021
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Page 28 of 28
ORDINARY MEETING MINUTES 19 AUGUST 2021
ATTACHMENT 1
PIVOTAL
We (the undersigned) seek Council’s immediate action to provide for a walkway linking Shields
St to Doonella St, Tewantin along the existing Unitywater infrastructure along Lake Doonella, as
shown below (Low Cost Project 8 — 1.5m path — Doonella Link).
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Page 28 of 28