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2017-09-21 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 21 September 2017
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 4
4 PETITIONS 5
5 NOTIFIED MOTIONS 5
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 6
AUDIT & RISK COMMITTEE RECOMMENDATIONS 6
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 7
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 15
GENERAL COMMITTEE RECOMMENDATIONS 17
7 ORDINARY MEETING REPORTS 22
8 CLOSED SESSION 22
9 NEXT MEETING 22
10 MEETING CLOSURE 22
Page 2 of 22
Section 3
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 17 August 2017 be received and confirmed.
Page 3 of 22
Section 4
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
3 MAYORAL MINUTES
MAYORAL MINUTE
I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 21 September 2017:
1 CHANGE OF INTENTION WITH REGARDS TO PROPOSED MOTION TO THE LOCAL
GOVERNMENT ASSOCIATION OF QUEENSLAND 2017 ANNUAL CONFERENCE -
REPEAL OF WASTE MANAGEMENT LEGISLATION
That Council withdraw the Proposed Motion to the Local Government Association of
Queensland (LGAQ) 2017 Annual Conference - Repeal of Waste Management Legislation
following advice received from LGAQ.
BACKGROUND
At Council’s Ordinary Meeting dated 17 August 2017 (ref. Ordinary Meeting Minutes, Item 5, Page 12),
Council resolved to submit the following motion to the 2017 LGAQ Annual Conference.
PROPOSED MOTION TO THE LOCAL GOVERNMENT ASSOCIATION OF QUEENSLAND 2017
ANNUAL CONFERENCE - REPEAL OF WASTE MANAGEMENT LEGISLATION
That Council note the report by the Manager Waste and Environmental Health to the General Committee
Meeting dated 14 August 2017 and submit the following Proposed Motion to the Local Government
Association of Queensland for consideration at its 2017 Annual Conference:
“That the LGAQ lobby the State Government to:
A. Oppose the potential repeal Part 2A Section 7 of the Waste Reduction and Recycling Regulations
2011 dealing with the areas that may be designated by a local government for the collection of waste
which require local government to develop local laws to replace legislation; and
B. Oppose the potential repeal of Part 5A of the Environmental Protection Regulations 2008 dealing with
the operational requirements for the collection of waste, which would require local governments to
develop local laws to replace Part 5A of the legislation, when the current requirements of Part 5A
adequately satisfy the requirements of Local Government.”
After consultation with LGAQ regarding this proposed motion, it has become clear that the LGAQ believes
they have already aided local governments by negotiating with the State for a one year moratorium on
changes to the relevant legislation to allow time for local governments to draw up local laws to replace the
legislation. Furthermore, the two largest councils, Brisbane City and Gold Coast, have already set about
instigating new local laws to replace the State legislation. Many other local governments are not concerned
about this issue as they are not faced with the threat of significant competition from the waste industry.
The advice received from the LGAQ leads me to believe that the proposed motion will not receive majority
support from other local government representatives at the conference, and indeed that the LGAQ is unlikely
to pursue the matter with any vigour nor is it likely that the State Government will shift from its position. In
short, there is no practical point in pursuing this issue. I therefore propose that we withdraw this particular
motion to the LGAQ Conference.
18 September 2017
.................................................................................... ................................................................................
Cr Tony Wellington Date
Page 4 of 22
Section 5
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 5 of 22
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 5 of 22Section 6
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
25 AUGUST 2017 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers
External attendees: Debra Stoltz and Anthony Randell (Queensland Audit Office – attended
via teleconference for items 5 and 7)
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 25 August 2017 providing a status update on audit
progress for the 2016/17 year and other related matters.
2 INTERNAL AUDIT AND ACTION ITEMS UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 25 August 2017 and:
A. Note the draft Internal Audit scopes provided at Attachment 1 for review and comment;
and request staff to undertake further discussions with the Internal Auditors with a view
to expanding the scopes for the following Internal Audits:
1. Insurance Strategy and Renewal process; and
2. Rates and Utility Charges.
B. Note the Register of Action Items provided at Attachment 2 providing an update on the
organisation’s progress in implementing previous internal and external audit
recommendations.
3 DRAFT FINANCIAL STATEMENTS 2016/17
That Council note the report by the Acting Manager Financial Services to the Audit and Risk
Committee Meeting dated 25 August 2017 regarding the draft general purpose financial
statements for the period ended 30 June 2017.
4 RISK MANAGEMENT AND GOVERNANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 25 August 2017 providing an update on Risk Management and Governance
matters.
5 ICT RISK MANAGEMENT UPDATE
That Council note the report by the ICT Manager to the Audit and Risk Committee Meeting
dated 25 August 2017 providing an update on ICT Risk Management.
Recommendation
The Audit & Risk Committee recommendations dated 25 August 2017 be adopted except where
dealt with or held over by separate resolution.
Page 6 of 22
Section 7
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
12 SEPTEMBER 2017 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and
Tony Wellington
Other Councillors in attendance: Cr Frank Wilkie
1 MCU17/0025 & OPW17/0095 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF
STORAGE FACILITY), OPERATIONAL WORKS (ADVERTISING DEVICES) AT 62 AND
64-66 RENE STREET, NOOSAVILLE
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Councillors sought clarification on the size of existing signage
and the location of existing fencing.
2 MCU15/0109 - REQUEST FOR NEGOTIATED DECISION NOTICE - DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 4
CONVENTIONAL (44 UNITS) AT RESORT DRIVE, NOOSA HEADS
That Council note the report by the Coordinator Planning regarding representations made to
change conditions of a Development Permit for a Material Change of Use (MCU15/019) for
Multiple housing Type 4 - Conventional (44 units) situated at Resort Drive, Noosa Heads
(Noosa Springs) and:
A. Amend the description of the development within the Decision Notice to Development
Permit for Material Change of Use of Premises – Multiple Housing Type 4 –
Conventional (37 units)
B. Agree to change conditions 1, 2, 3, 4, 6, 13, 20, 27, 28 30, 31, 37, 48, 50, 51, 52 & 53
as follows per the conditions contained in the Planning & Environment Committee
Agenda dated 12 September 2017.
C. Add the following conditions:
63. The first application seeking Operational Works approval for this development
must include a concept design that demonstrates all stormwater runoff from
hardstand and fertilised landscaped areas of the completed development,
including runoff destined for groundwater infiltration, can be treated to achieve
pollution reduction targets to achieve an 80% reduction in Total Suspended
Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen
compared to an untreated scenario.
64. Where proprietary devices are proposed to be used within the development, the
first application seeking Operational Works for this development must
demonstrate that the performance input/output parameters used within water
quality modelling for the nominated proprietary device are consistent with the
final approved version of the Stormwater Australia Stormwater Quality
Improvement Devices Evaluation Protocol.
65. The rear 2 metres of Blocks 10, 11 and 12 is to be extensively landscaped and
no structures or swimming pools are to be located in these areas. No access is
to be provided from the rear of these Blocks to Resort Drive.
Page 7 of 22
Section 8
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
3 132005.1133.06 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 155
MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES - SHOP, RESTAURANT,
MULTI-FUNCTION ROOM, AND GYM FOR RESORT DRIVE AND LESLIE DRIVE,
NOOSA HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 September 2017 regarding Application No. 132005.1133.6 for
a Development Permit for a Material Change of Use for a Resort of 151 Multiple Dwelling
Units and Associated Facilities - Shop, Restaurant, Multi-Function Room and Gym situated
at Leslie Drive Noosa Heads and:
A. Amend the description of the development in the Decision Notice to read Material
Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop,
Restaurant, Multi-Function Room and Gym
B. Agree to change conditions 1, 2, 5, 8, 9, 10, 12, 13, 19, 20, 21 33, 47, 49 & 64 as
followsper the conditions contained in the Planning & Environment Committee Agenda
dated 12 September 2017.
C. Add new condition as follows:
96. The rear 2 metres of Blocks 7, 8 and 9 is to be extensively landscaped and no
structures or swimming pools are to be located in these areas. No access is to
be provided from the rear of these Blocks to Resort Drive.
D. Delete Conditions 17, 22 and 27.
4 51994.1353.01 REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR A
RESTAURANT AND OUTDOOR DINING AREA FOR 5/50 HASTINGS STREET, NOOSA
HEADS
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Significance of issue.
5 RAP16/0033 - CONCURRENCE AGENCY REFERRAL FOR A DETACHED HOUSE
SITUATED AT 35 SEAVIEW TERRACE, SUNSHINE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 September 2017 regarding Application No. RAP16/0033 for a
Concurrence Agency Response for a Detached House situated at 35 Seaview Terrace,
Sunshine Beach and:
A. Require the following conditions be included on any development approval:
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 8 of 22
Section 9
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
Plan No. Rev. Plan/Document Name Date
SK01 A Site Plan 10/05/2016
SK02 A Ground Basement level 10/05/2016
SK03 A Level 1 10/05/2016
SK04 A Level 2 10/05/2016
SK08 A Sections 29/08/2017
SK09 A North Elevation 29/08/2017
SK10 A Side Elevation 29/08/2017
SK14 B A Elevations – External views 30/09/2016
DA6.1 A Details – Garage Wall Details 11/10/2016
DA6.2 A Details –Elevations 11/10/2016
Building Height
3. The maximum height of the development must not exceed 9 metres above the
finished ground level and the natural ground surface.
4. The existing roof above the master bedroom must be altered in accordance with
the approved plans to reduce the building in height to a maximum of 9 metres.
5. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the building does not exceed the maximum height requirement of
this Decision Notice.
Building Appearance
6. The development must be finished in accordance with the external building
colours as detailed on plan number DA6.2, prepared by Peter Hull and dated
11/10/2016.
7. Roof materials must be non-reflective and designed with colours and styles to
minimise the visual impact of the development.
Landscaping
8. A minimum of 20% of the site must be retained as soft landscaping.
9. Existing trees on the site and within road reserves must be retained.
10. Three street trees with a pot size of 45 litres and of native, endemic species with
a mature height of 4 metres must be planted on the road reserve in front of the
wall of the pool to screen the excessive wall height.
11. The pond located at the entrance stairways of the dwelling must be converted to
a garden and consist of native, endemic species.
12. All environmental weeds, including Singapore Daisy, must be eradicated from
the road reserve and replaced with native plants
B. Include the following property note:
1. The driveway for 35 Seaview Terrace, Sunshine Beach is a non-standard
driveway and is unsuitable for low or long vehicles to access the site.
Page 9 of 22
Section 10
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
6 MCU16/0081 - APPEAL D93 OF 2017 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING TYPE 3, RETIREMENT & SPECIAL NEEDS
(90 BED AGED CARE FACILITY) AT 28 EENIE CREEK ROAD, NOOSAVILLE
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Planning &
Environment Court Appeal D93 of 2017and agree to defend the appeal.
7 AMENITY & AESTHETIC RESOLUTION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Council’s amenity &
aesthetic resolution and:
A. Note that amendments made to the Sustainable Planning Act 2009 and Planning Act
2016 have restored Council’s ability to effectively regulate building works and enforce
locally important matters; and
B. Resolve to discontinue acting as a concurrence agency in the circumstances set out in
Council’s resolutions of 18 August 2016 as amended by the resolution of 20 August
2016 with respect to Schedule 7, Table 1 item 17 of the Sustainable Planning
Regulation 2009.
8 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (SOW COSTS & NETWORK
DEMANDS)
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding the remaining
requirements for the Schedule of Works (SOW) Model for the new Local Government
Infrastructure Plan (LGIP) under The Noosa Plan 2006 and approve:
A. The methodology used to determine existing trunk infrastructure network items from
Council’s Geographic Information System (GIS) and current replacement costs
obtained from Council’s Financial Asset Register;
B. The Generic Land Valuation prepared by CBRE Valuations Pty Limited dated February
2012 provided in Attachment 1 to the report and indexed to the LGIP June 2014 base
date as the basis for applying a uniform generic land cost in the Schedule of Works
Model (SOW) for all existing and future land;
C. A minor amendment to the Schedule of Works (SOW) future items for the Public Parks
& Land for Community Facilities Network provided in Attachment 2 to the report noting
that the cost estimates will be refined following completion of the excel SOW Model;
D. The LGIP Briefing Note provided in Attachment 3 to the report providing the basis for
the Infrastructure Network Demand Assumptions and Conversions; and
E. Note that following completion of the SOW model, draft LGIP and Independent
Reviewer’s first review, a further report on the complete draft LGIP will be presented
for Council’s consideration and adoption to proceed to the Minister’s first State review.
Page 10 of 22
Section 11
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
9 ENVIRONMENTAL MONITORING CONTRACT - NOOSA SHIRE OPEN AND CLOSED
LANDFILLS - CONTRACT NO: 1617T055
That Council note the report by the Environmental Officer to the Planning and Environment
Committee Meeting dated 12 September 2017 and Award Contract 1617T055 for
Environmental Monitoring to Future-Plus Environmental for an initial period of three (3) years
at an estimated total cost of $143,934 (excl. GST), (i.e. $47,981 excl GST per annum) with
an option to extend for two (2) further periods of up to twelve (12) months each. The options
to extend will be at Council’s sole discretion and subject to Council’s review of Contractor
performance under the Contract and proposed pricing.
10 132003.221152.5 & CASE / 3814/2016 -
PLANNING & ENVIRONMENT COURT APPEAL 3184 OF 2016 - CHANGE TO AN
EXISTING APPROVAL FOR MCU FOR A DWELLING TO INCLUDE AN UNROOFED
DECK AND RETAINING WALL AT 12 PARK RD, NOOSA HEADS
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Planning &
Environment Court Appeal 3184 of 2016 and agree to settle the appeal generally in
accordance with the following conditions:
Additional Conditions (Deck and Terrace Area)
1. Development undertaken in accordance with this approval must comply with the
following plans as amended by these conditions.
Plan No. Rev. Plan/Document Name Date
MB_12PR_30 I Cover Sheet, prepared by Myles Baldwin Design 10/08/17
MB_12PR_31 H Landscape Plan, prepared by Myles Baldwin Design 10/08/17
MB_12PR_32 H Elevation / Section, prepared by Myles Baldwin Design 10/08/17
MB_12PR_36 E Site Areas, prepared by Myles Baldwin Design 10/08/17
MB_12PR_37 H Sewer Setback Detail, prepared by Myles Baldwin 10/08/17
Design
MB_12PR_38 B Existing Plants, prepared by Myles Baldwin Design 21/02/17
MB_12PR_40 I Landscape Plan – Lower Ground Level, prepared by 10/08/17
Myles Baldwin Design
MB_12PR_41 E Lower Ground Level Planting Plan, prepared by Myles 10/08/17
Baldwin Design
MB_12PR_42 E Lower Ground Level Structural Plan, prepared by Myles 10/08/17
Baldwin Design
MB_12PR_43 A Equipment Photos, prepared by Myles Baldwin Design 20/03/17
MB_12PR_50 C Tree Protection Plan, prepared by Myles Baldwin 10/08/17
Design
2. The following amendments are required to the plans for the development and are to be
submitted for approval prior to obtaining a development permit for operational work
(landscaping):
a. MB_12PR_30 – Cover Sheet, the notes are to be updated to reflect the timber
and steel support construction being proposed for the deck and terrace area. The
blue line showing a pedestrian construction access is to be removed. The trees
shown in red signifying they are to be removed from the road reserve are to be
shown black signifying they are to be retained;
Page 11 of 22
Section 12
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
b. MB_12PR_31 – Landscape Plan, is to be amended with the trees shown in red
signifying they are to be removed from the road reserve to be shown black
signifying they are to be retained. The note referring to the temporary
construction access and the associated blue line is to be removed;
c. MB_12PR_38 – Existing Plants, the notes referring to the existing plants planted
in the road reserve by the owner are to be removed. All trees shown in red
signifying they are to be removed from the road reserve are to be shown black
signifying they are to be retained;
d. MB_12PR_40 – Landscape Plan – Lower Ground Level, the note referring to the
temporary construction access and the associated blue line is to be removed;
e. MB_12PR_41 – Lower Ground Level Planting Plan, the note referring to the
temporary construction access and the associated blue line is to be removed. All
trees shown in red signifying they are to be removed from the road reserve are
to be shown black signifying they are to be retained. The notes are to be removed
and replaced with a note that states – All work on the subject site is be undertaken
strictly in accordance with the approved Tree Protection Plan, Development
Permit for Operational Works (Landscaping), Construction Management Plan
and conditions of approval;
f. MB_12PR_42 – Lower Ground Level Structural Plan, the note referring to the
temporary construction access and the associated blue line is to be removed. All
trees shown in red signifying they are to be removed from the road reserve are
to be shown black signifying they are to be retained;
g. MB_12PR_50 – Tree Protection Plan, the blue line which refers to the temporary
construction access is to be removed from the plan.
3. The north western edge of the deck is to be located not less than 1m from the property
boundary adjoining Park Road, and located not less than 2.6m from the north eastern
boundary, and not less than 5.3m from the south western boundary, as shown on the
approved plans of development.
4. The deck is to be designed so that all piers are located clear of the Tree Protection
Zone (TPZ) of the following trees 26, 87, 177 and 181, as shown on Drawing No.
MB_12PR_50 – Tree Protection Plan. No works or access to the TPZ of these trees is
permitted without approval from the Council or its arborist. Tree number 184, being
Ficus macrophylla has been removed and can be deleted from the approved plans,
with any references to this tree deleted from the associated management plans
referred to in the conditions.
5. The Appellant is to amend the Tree Protection Plan, Revision A, dated 11 August 2017
to address the following:
a. the location and size of any scaffolding that is to be erected for the construction
of the deck in relation to the Tree Protection Zone (TPZ);
b. details of the work required (if any) to be undertaken within the Tree Protection
Zone (TPZ), having regard to the intent of the Tree Protection Plan, to prevent
any damage being caused to the trees identified in the plan;
c. remove all reference to removal of trees. Reference to any works within the TPZ
or access through a TPZ to be stated as only permitted in accordance with the
prior approval of the Council or its arborist;
d. the TPZ shall be protected as per the requirements of AS 4970 – 2009, including
the use of fences to prevent entry into the TPZ, and composted mulches to
minimise soil and root damage; and
Page 12 of 22
Section 13
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
e. the Tree Protection Plan is to outline the specific tree procedures (i.e.
dimensional data, species and methods for protection and minimization of
detrimental effects) to be compliant with AS 4970-2009. The document should
contain the methodology for pile installation, grouting and capping processes.
6. The proposed deck and terrace area is to be constructed of light weight building
elements including a timber decking system, 1m high balustrading with stainless steel
wire infill, supported on a suspended steel structure, with the retaining walls being
stone cladded, in accordance with the approved plans of development.
7. The 1m setback area and the area beneath the deck, shall be densely landscaped to
screen the deck from view off site. The development is to be landscaped generally in
accordance with Drawing No. MB_12PR_40 – Landscape Plan Lower Ground Level
and Drawing No. MB_12PR_41 – Lower Ground Level Planting Plan. The applicant is
required to obtain a development permit for operation works (landscaping) prior to the
removal of any vegetation from the site area affected by the development.
8. 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 the issue of a development permit for operational work (landscaping). 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.
9. The works must comply with the terms of Easements A & B on RP 177551 located
within the subject land and 9A Allambi Rise, Noosa Heads.
10. All construction access is to be obtained from Allambi Rise via the existing easement
subject to the following exceptions:
a. a crane may be used for delivering prefabricated materials and the pier digging
machine to the site. The use of the crane in Park Road is to occur on two (2)
separate days only, first for the delivery of the pier digging machine and any
prefabricated materials, the second to retrieve the pier digging machine and
provide any further prefabricated materials as required;
b. traffic control is to be provided for the use of the crane in Park Road, in
accordance with the Appellant’s Traffic Management Plan, prepared by Evolution
Traffic Control, Drawing No. 142510, Revision 00, dated 16 March 2017;
c. access from Park Road to the site is permitted for the purpose of a concrete
pumping pipe to be located at the base of the rock retaining wall on the boundary
of 10 Park Road, laid upon a composted wood chip mulch 600mm wide and
150mm thick. Any mulch contaminated by concrete or wastes shall be removed
from the site. Any remaining clean mulch may be left in situ and spread to 50mm
thickness; and
d. the Appellant is able to use the driveway at 10 Park Road for the removal of
waste material from the site. All waste from the site is to be loaded into the vehicle
parked in the driveway from within 10 Park Road and not by using the road
reserve.
11. The works must be carried out in accordance with an approved Construction
Management Plan for the development. The Construction Management Plan dated 14th
August 2017 is to be amended to address the conditions of approval to the reasonable
satisfaction of the Council. The Appellant shall submit an amended Construction
Management Plan for approval with the development application for operational works
(landscaping).
Page 13 of 22
Section 14
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
12. The Appellant shall meet the reasonable costs of inspection by the Council’s arborist
of the location of the footings for the deck which shall be to his reasonable satisfaction
prior to the work proceeding. The Appellant shall also meet the Council’s reasonable
costs of its arborist inspecting the works to ensure compliance with the conditions of
approval.
13. No trees are to be removed from the site other than those shown in red on the approved
plans signifying they are to be removed. No trees are to be removed from the road
reserve as part of the development.
11 OPW16/0016 - PLANNING &
ENVIRONMENT COURT APPEAL 281/2017 REFUSAL OF DEVELOPMENT PERMIT FOR
OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS SITUATED AT 2 PARKYN
COURT, TEWANTIN
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Significance of issue.
Recommendation
The Planning & Environment Committee recommendations dated 12 September 2017 be adopted
except where dealt with or held over by separate resolution.
Page 14 of 22
Section 15
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
12 SEPTEMBER 2017 – Crs Frank Pardon (Chair), Tony Wellington & Frank Wilkie
Apology: Cr Jess Glasgow
Other Councillors in attendance: Crs Ingrid Jackson and Brian Stockwell
1 COUNCIL MEETING SCHEDULE 2018
That Council note the report by the Personal Assistant to the CEO to the Services &
Organisation Committee Meeting dated 12 September 2017 and approve the Council
meeting dates for 2018 as set out in Attachment 1 to the report.
2 STRATEGIC ASSET MANAGEMENT PLAN
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 12 September 2016 and adopt the Strategic Asset Management
Plan (as provided at Attachment 1 to the report) with an addition to the list of major assets to
include landholdings and Bushland Reserves in continuing with the implementation of the
Asset Management Improvement Plan (roadmap).
3 1718T021 ROAD SURFACING AND REHABILITATION - TENDER ACCEPTANCE
That Council note the report by the Civil Operations Technical Officer to the Services and
Organisation Committee Meeting dated 12 September 2017 and:
A. Award tender 1718T021 Road Surfacing and Rehabilitation to the following
contractors:
1. Portion A – Asphalt Surfacing, Rehabilitation & Construction Programme: Allroad
Surfaces Pty Ltd
2. Portion B – Mill and Fill Pavement Repairs: Allen’s Asphalt Pty Ltd, Allroad
Surfaces, Downer EDI Works Pty Ltd, RPQ North Coast Pty Ltd and Tropic
Asphalt Pty Ltd.
3. Portion C – Bitumen Sealing: RPQ North Coast Pty Ltd; and
B. Award the Contracts for an initial term of up to three (3) years, with an option to extend
for two (2) further periods of up to twelve (12) months each. The option to extend will
be at Council’s discretion and subject to the Contractor’s demonstrated ability to meet
the requirements under the Contract.
4 INCLUSION OF LAKE COOROIBAH IN GARDEN WASTE RECYCLING AREA
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 12 September 2017 and
A. Include the Lake Cooroibah urban area, as defined in Attachment 1 to the report, as
an area where Council will provide a garden waste recycling bin to residents, serviced
fortnightly; and
B. Advise owners of the proposed service and invite exemptions from service in
accordance with the current garden waste service policy, prior to delivery of bins and
commencement of service.
Page 15 of 22
Section 16
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
5 NOOSA RESULTS FOR 2016 RURAL AND REGIONAL WELLBEING SURVEY
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 September 2017 and the results for Noosa in the
University of Canberra’s Rural and Regional Wellbeing Survey November 2016.
6 JULY 2017 RATE LEVY OVERVIEW
That Council note the report by the Manager Revenue Services to the Planning &
Organisation Committee Meeting dated 12 September 2017 providing an overview of the
July 2017 rate levy.
Recommendation
The Services & Organisation Committee recommendations dated 12 September 2017 be adopted
except where dealt with or held over by separate resolution.
Page 16 of 22
Section 17
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
GENERAL COMMITTEE RECOMMENDATIONS
18 SEPTEMBER 2017 – Crs. Frank Wilkie (Chair), Ingrid Jackson, Joe Jurisevic, Frank
Pardon, Brian Stockwell and Tony Wellington.
Apology: Cr Jess Glasgow
1 MCU17/0025 & OPW17/0095 – DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR INDUSTRIAL BUSINESS TYPE 1 WAREHOUSE (SELF
STORAGE FACILITY), OPERATIONAL WORKS (ADVERTISING DEVICES) AT 62 AND
64-66 RENE STREET, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 September 2017 regarding Application No. MCU17/0025 &
OPW17/0095 for a Development Permit for Material Change of Use for Industrial Business
Type 1 Warehouse (Self-Storage Facility) and Development Permit for Operational Works
(Advertising Devices) situated at 62 and 64-66 Rene Street, Noosaville and:
A. Approve the application in accordance with the following conditions contained in the
Planning & Environment Committee Agenda dated 12 September 2017.
B. Agree to the use of the existing lane between 62 and 64-66 Rene Street for access
purposes for the development.
2 51994.1353.01 REQUEST TO CHANGE DEVELOPMENT APPROVAL FOR A
RESTAURANT AND OUTDOOR DINING AREA FOR 5/50 HASTINGS STREET, NOOSA
HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 September 2017 and refuse regarding Application No.
51994.1353.01 for a Development Permit for Restaurant and Outdoor Dining Area, situated
at 5/50 Hastings Street Noosa Heads for the following reasonsand:
1. The proposal does not constitute a permissible change as it would result in a
substantially different development due to the proposed increase in site cover, built
form and reduced setbacks.
2. The proposal is not consistent with the Overall Outcomes and Specific Outcomes of
the Noosa Heads Locality as the reduced setback to Noosa Drive and the increased
site cover result in a development which is inconsistent with the intended streetscape
and the surrounding character.
3. The proposal is not consistent with Driveways and Car Parking Code due to the
absence of additional car parking and the increase in use area.
A. Defer consideration of the application to allow the applicant to provide amended plans
reducing the proposed site cover and improving the proposed addition’s presentation
to Hastings Street; and
B. Delegate the matter to Council officers to decide where the amended plans
satisfactorily address the issues raised.
Page 17 of 22
Section 18
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
3 OPW16/0016 – PLANNING &
ENVIRONMENT COURT APPEAL 281/2017 REFUSAL OF DEVELOPMENT PERMIT FOR
OPERATIONAL WORKS – PRESCRIBED TIDAL WORKS SITUATED AT 2 PARKYN
COURT, TEWANTIN
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Planning &
Environment Court Appeal 281/2017 and agree to settle the appeal generally in accordance
with the following conditions:
Approved Plans
1. 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
4901-SK3 E Indicative New Deck Layout prepared by International 14 July 2017
Marina Consultants
4901-301 A General Arrangement and Elevation 5m Option 4 August 2017
4901-302 Elevation and Sections 5m Option 4 August 2017
3D View 1 Proposed New Northern Deck Extension at Noosa 14 August 2017
Marina, Tewantin. Qld. - Artist Impression
3D View 2 Proposed New Northern Deck Extension at Noosa 14 August 2017
Marina, Tewantin. Qld. - Artist Impression
Deck Extension Design
2. The deck extension must be constructed of materials as depicted on the 3D View 1
and 2 prepared by Peter Morrison and dated 14 August 2017 including open and
transparent balustrades with timber post uprights,; and timber decking; and timber
ramps and approaches.
Prior to Commencement of Works
3. All necessary State government approvals relating to this development must be
obtained prior to any works commencing on the site.
4. A complete set of amended structural design plans, duly signed by the consultant
Registered Professional Engineer of Queensland (RPEQ) must be provided to
Council’s Engineering Officer Construction at the “pre start” meeting
5. A site control and/or compliance bond of $5,000 is to be submitted to Council prior to
the pre-start meeting. The pre-start meeting will only be held once Council's
Construction Engineering Officer has confirmation that the bond monies have been
received by Council.
The bond will be refunded less any costs incurred by Council in ensuring compliance
with these conditions or any additional inspections incurred for substandard work or
work undertaken not in accordance with this permit.
6. All necessary approvals from external service providers (eg Unitywater) and external
parties on which the development works are proposed have been obtained and a copy
supplied to Council.
Page 18 of 22
Section 19
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
7. A condition report including photographs of the frontage of the site must be completed
and submitted to council at the prestart meeting / prior to any works commencing.
8. Certificates demonstrating currency of public liability insurance and works insurance
covering the works must be submitted to Council at the prestart meeting.
9. 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 6245.
The pre-start meeting must include the relevant parties for the following aspects of the
works:
a. Civil engineering works;
b. Other relevant parties
10. A Construction Management Plan must be submitted to Council at least 5 working days
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
v. No queuing of trucks is permitted on residential streets, especially prior to
7.00am. Further parked trucks must have engines turned off
b. Works programme identifying key components of the works and their respective
durations
c. Establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues
d. identification of complaint management procedures including:
i. contact details for the on-site manager
ii. dispute resolution procedures
During Construction
11. 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.
12. 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 permit.
13. 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 must be notified prior to the proposed closure and all
requirements complied with.
Page 19 of 22
Section 20
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
14. All structures associated with the boardwalk must be constructed wholly within the
approved area.
15. Structures must 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.
16. All structures must have no detrimental effects on stormwater drains and/or
easements.
17. Lighting associated with the use must be designed, installed, operated, and maintained
in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
Lighting.
18. Boat repair activities are not permitted on site.
19. Wastewater and sullage must only be disposed of at approved pumpout facilities.
20. Any mooring facility must not be utilised for live-aboard purposes.
21. 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 2009.
22. Certification by a Registered Professional Engineer of Queensland that states that the
boardwalk is constructed in accordance with best practice methods and is structurally
sound must be submitted to Council prior to the return of any bond monies held by
Council. This certification must be submitted to Council within three (3) months of the
completion of the works. A final inspection and approval of the structure by Council’s
Inspector is also required. Please contact Council’s Planning Assessment Section
(Development Audit & Response Officer 0428738563) to arrange the inspection.
23. This approval lapses where the construction of the boardwalk has not commenced
within two (2) years of the date of issue of the approval, unless application is made and
approved by Council for an extension.
Environment
24. 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 are taken to
prevent or minimise the release and concentration of contamination.
Damage to Services and Assets
25. 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.
After Construction
26. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
27. The approval of the development does not approve or authorise any use of the
boardwalk for commercial purposes including but not limited to outdoor dining, wedding
ceremonies/receptions, markets, display or storage of goods etc.
Page 20 of 22
Section 21
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
28. The balustrading shown on the approved plans must be constructed and maintained
at all times to prevent and discourage adjacent tenancies encroaching on to the deck.
29. The deck must be unroofed, with no umbrellas, sails or the like erected or constructed.
30. The deck must be available to the public for recreational use including fishing.
4 QUEENSLAND ENVIRONMENTAL PROTECTION POLICY CHANGES CONSULTATION
That Council note the report by the Environment Officer to the General Committee Meeting
dated 18 September 2017 regarding proposed changes to the Queensland Environmental
Protection Policy and agree to make a submission to the Department of Environment and
Heritage Protection as outlined in Section 6 of this report.
5 ZERO EMISSIONS NOOSA ORGANISATIONAL STRATEGY
That Council note the report by the Carbon Reduction Project Officer to the General
Committee Meeting dated 18 September 2017 providing a summary of the activities
undertaken in accordance with Council’s Zero Emissions Noosa Organisational Strategy.
6 FINANCIAL PERFORMANCE REPORT - AUGUST 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 September 2017 providing results of August 2017 financial performance
against budget.
7 1617T130 PEREGIAN BEACH DIGITAL HUB - TENDER ACCEPTANCE
That Council note the report by the Economic Development Manager to the General
Committee Meeting dated 18 September 2017 and award regarding tender 1617T130 for the
provision of Management Services – Peregian Beach Digital Hub to Digital Precinct Pty Ltd
subject to the finalisation of a detailed Management Agreement negotiated and signed by
the CEO.and:
A. Notify tender submitters that a decision on tender 1617T130 is on hold while Noosa
Council further considers the business case of the Peregian Digital Hub project; and
B. Request the CEO to arrange for advice to be provided to Council on strategies to meet
Council’s broad intentions for the Peregian Digital Hub.
Recommendation
The General Committee recommendations dated 18 September 2017 be adopted except where
dealt with or held over by separate resolution.
Page 21 of 22
Section 22
ORDINARY MEETING AGENDA 21 SEPTEMBER 2017
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 19 October 2017 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
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