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2019-09-19 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 19 September 2019
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 19 SEPTEMBER 2019
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 4
1 COUNCIL ACKNOWLEDGES THOSE INVOLVED IN THE PEREGIAN FIRE
EMERGENCY 4
4 PETITIONS 6
5 NOTIFIED MOTIONS 6
6 PRESENTATIONS 6
7 DEPUTATIONS 6
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 7
AUDIT & RISK COMMITTEE RECOMMENDATIONS 7
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 8
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 8
GENERAL COMMITTEE RECOMMENDATIONS 9
7 ORDINARY MEETING REPORTS 16
8 CLOSED SESSION 16
9 PUBLIC QUESTION TIME 16
10 NEXT MEETING 16
11 MEETING CLOSURE 16
Page 2 of 16
Section 3
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 15 August 2019 be received and confirmed.
The Minutes of the Special Meeting held on 12 September 2019 be received and confirmed.
Page 3 of 16
Section 4
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
3 MAYORAL MINUTES
MAYORAL MINUTE
I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 19 September 2019:
1 COUNCIL ACKNOWLEDGES THOSE INVOLVED IN THE PEREGIAN FIRE EMERGENCY
That Council:
A. Expresses its deep gratitude to the Queensland Fire & Emergency Services (including
Urban and Rural Fire Services, SES and the pilots and crews involved in water and gel
bombing) and the Queensland Police Service for their incredible effort during the
Peregian Fires disaster that began on the afternoon of Monday 9 September, noting the
remarkable protection of houses, the large scale evacuation that was achieved, and
particularly that there was no loss of life or significant injury during the ordeal;
B. Expresses its gratitude to the various other agencies who so positively contributed to the
event response, including but not limited to the Queensland Parks & Wildlife Service,
Queensland Ambulance Service, Australian Red Cross, the Department of Communities,
Energex, Unitywater, NBN, and Queensland Health;
C. Acknowledges and thanks the amazing Noosa community who worked together for such
a wonderful outcome, including the resorts and residents who housed evacuees and our
local businesses, community organisations and residents who rallied to provide support
and assistance; and
D. Acknowledges the efforts of its own Local Disaster Management Group and Local
Disaster Recovery Group, and also the Noosa Council communications team, as well as
the Local Disaster Control Centre staff and Field Control Centre staff, plus those who
volunteered at the Evacuation Centres, all of whom performed exceptionally well during
this event.
BACKGROUND
The disaster event that has become known as the “Peregian Fires” began around 4.30pm on Monday
9 September. Noosa Council received its first alert from fire authorities at around 4.50pm, and just
minutes later was informed that the fire had jumped across the Motorway and was heading in a north
easterly direction.
From there the fire developed extremely quickly in the unseasonal dry, windy conditions. By 6.30pm,
Noosa Council’s LDMG was at stand-up and evacuation centres were being prepared.
In the end, thousands of residents from Peregian Beach, Marcus Beach, Peregian Breeze and
Weyba Shores (Murdering Creek Rd area) were evacuated as well as some from Peregian Springs,
Castaways Beach etc. Many other areas, including Sunrise and Sunshine Beaches, were on alert to
be prepared to leave.
Images of the fire, including the ember shower blowing ahead of the fire front, demonstrate the
conditions in which the fire fighters and police were operating. Such images also show just how lucky
we all are that the fire did not result in significantly more damage, let alone injury or death. Full credit
must go to QFES and QPS in particular for this remarkable outcome.
Page 4 of 16
Section 5
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
From Council’s point of view, it is an honour to serve a community that demonstrates so much
consideration and care for its fellow citizens. The community, including those in the neighbouring
Sunshine Coast Shire, have demonstrated their resilience in the face of such adversity.
There are hundreds of individual tales of heroism and altruism making up the story of the Peregian
Fires – too many to be identified here. It is appropriate for Council to take a moment to both reflect
on and warmly congratulate everyone involved.
17 September 2019
.......................................................................... ......................................................................
Cr Tony Wellington Date
Page 5 of 16
Section 6
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 6 of 16
Section 7
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
23 AUGUST 2019 - Cr Frank Wilkie (Acting Mayor), Cr Joe Jurisevic, Scott Williams,
Cameron Jaggers
Apology: Cr Tony Wellington
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 23 August 2019.
2 DRAFT FINANCIAL STATEMENTS – 2018-19 YEAR
That Council note the report by the Manager Financial Services to the Audit & Risk Committee
Meeting dated 23 August 2019 regarding the presentation of the draft financial statements for
the period ending 30 June 2019.
3 RISK MANAGEMENT, PUBLIC INTEREST DISCLOSURES, CRIME AND CORRUPTION
COMMISSION AND FRAUD UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 August 2019 and:
A. Note the Risk Management update and summary of Council’s operational risks for the
2018/19 financial year;
B. Note the Public Interest Disclosure update for the 2018/19 financial year;
C. Note the Crime and Corruption Commission (CCC) update for the 2018/19 financial year;
and
D. Note the Fraud update for the 2018/19 financial year.
4 INTERNAL AUDIT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee Meeting
dated 23 August 2019 and note the Internal Audit Final Report on Business Continuity provided
as Attachment 1 to the report.
5 2019 COMMUNITY SATISFACTION SURVEY RESULTS
That Council note the report by the Director Executive Services to the Audit & Risk Committee
Meeting dated 23 August 2019 and the Community Satisfaction Survey 2019 report prepared
by Market Facts Qld Pty Ltd provided as Attachment 2 to the report.
Recommendation
The Audit & Risk Committee recommendations dated 23 August 2019 be adopted except where
dealt with or held over by separate resolution.
Page 7 of 16
Section 8
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 SEPTEMBER 2019
Due to the bushfire emergency, the Services & Organisation Committee meeting was cancelled. All
items were referred by the CEO to the General Committee meeting to be held on 16
September 2019.
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 SEPTEMBER 2019
Due to the bushfire emergency, the Services & Organisation Committee meeting was cancelled. All
items were referred by the CEO to the General Committee meeting to be held on 16
September 2019.
Page 8 of 16
Section 9
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
GENERAL COMMITTEE RECOMMENDATIONS
16 SEPTEMBER 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington
1. UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire
Council Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a
correction to section 13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on
Monday 23 September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3)
2018”.
Carried unanimously.
2. OPW17/0150.01 MINOR CHANGE TO DEVELOPMENT APPROVAL FOR OPERATIONAL
WORKS - PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING JETTY AT 180
GYMPIE TERRACE NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wellington
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
make a minor change to an existing approval for extension to an existing jetty situated at Jetty
180 Gympie Terrace, Noosaville and
A. Refuse the change for the following reasons:
1. The proposed works do not represent a minor change to the development approval
because the change results in a substantially different development as it extends
the use beyond the boundary of the lease and therefore results in the application
applying to a new parcel of land.
2. The proposed works will result in a commercial activity outside the existing
commercial lease area and have the potential to increase the overall scale and
intensity of commercial operations contrary to the following provisions of the
Noosaville Locality Code:
(i) Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
foreshores from the cumulative impacts of development;
(ii) Specific Outcome O27(d) and (f), O28 and O29;
3. The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
Waterway Works Code as the works are contained outside the boundaries of the
existing lot and the berthing of vessels encroaches over the boundaries of the lot.
4. The proposal is contrary to Schedule 3 of the Coastal Protection and Management
Regulation 2017 as certification that the completed works comply with the
requirements of the regulation has not been provided.
5. The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways
Works Code of the draft New Noosa Plan whereby all commercial activities for a
jetty are to be confined to the commercial lease areas of the respective commercial
operation.
Page 9 of 16
Section 10
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
B. Advise the applicant that the structure must be modified to comply with the Development
Permit for Operational Works (OPW17/015) and approved plans within 6 months.
C. Write to the Department of Natural Resources, Mines and Energy and request that the
Department review the current commercial operations of Jetty 180 to ensure compliance
with the current lease conditions.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
Against: Crs Glasgow and Jackson
Carried.
3. MCU19/0081 DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR 16
ANCILLARY DWELLING UNITS AT 64 GATEWAY DRIVE NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Application No
MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
Units situated at 64 Gateway Drive Noosaville and
A. Refuse the application for the following reasons:
1. The proposed development is not for Ancillary dwelling units as defined under
section 2.11.5 of the Planning Scheme because:
(i) multiple dwelling units are proposed on the premises;
(ii) the proposed dwelling units are not subordinate to the non-residential use.
2. The proposed development is for Multiple housing which under Table 11.9 of
Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
Zone requiring impact assessment.
3. The proposed development is inconsistent with the Noosaville Locality Code in the
following respects:
(i) The proposed use will be incompatible with other uses and works on the
premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
(ii) The proposed use fails to protect the subject premises for industrial functions
to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall
Outcomes Division 16;
4. The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
Detached House Code as land zoned industrial is not suited for residential use and
would be located in the vicinity of land uses which would adversely impact the
occupation and use of buildings and the site by residents and would result in the
residential development preventing or inhibiting the conduct of existing land uses.
5. A number of the proposed dwelling units contain upper level storage levels directly
accessed by internal stairs which would not meet fire separation requirements of
the Building Code of Australia.
6. There is no planning need for the proposed development.
7. The proposed development is inconsistent with the existing development approval
in effect for the development of the site for industrial uses and represents a
piecemeal development.
Page 10 of 16
Section 11
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
8. The proposed development is contrary to PO7 of the Low Impact industry Zone
Code of the draft New Noosa Plan provisions which reinforce that caretakers uses
are to be subordinate to the industrial uses on the site and include only one
caretaker per site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
4. OPW19/0046 PLANNING & ENVIRONMENT COURT APPEAL NO 1802 OF 2019 REFUSAL
OF APPLICATION FOR OPERATIONAL WORKS FOR SIGNAGE AT 1/100 RENE ST,
NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Pardon
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Planning & Environment
Court Appeal No. 1802 of 2019 and agree to settle the appeal generally in accordance with
the following:
A. Include the following conditions on a Development Permit for Operational Works
(Signage):
Nature and Extent of Approved Development
1. This approval authorises the following sign as defined by the planning scheme and
shown on the Approved Plans:
a. One wall sign
No additional advertising devices must be erected on the site.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plan is listed in the
following table.
Plan No. Rev. Plan/Document Name Date
Work Order 26754 Item 1 1 Plan prepared by SignSite Group 16/08/2018
3. The approved sign must not exceed the dimensions and sign areas as shown on
the Approved Plans.
Illumination
4. The approved sign must not be illuminated in any way.
Maintenance
5. The approved sign must be properly maintained by the owner of the property to
ensure the signs continue to comply with the Approved Plans and conditions of this
Decision Notice.
B. Confirm with the appellant that the existing window sign must be removed within 30 days
of the judgement.
C. Acknowledge the appellant may erect a sign for their business on the existing pylon sign
at the entrance to Noosa Metro Innovation Park.
Carried unanimously.
Page 11 of 16
Section 12
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
5. MCU18/0204 PLANNING & ENVIRONMENT COURT APPEAL NO 2352 OF 2019 -
REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR OFFICE,
RESTAURANT & SHOP AT 6 HERON ST, PEREGIAN BEACH
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wellington
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Planning & Environment
Court Appeal No. 2352 of 2019 and agree to defend the appeal.
Carried unanimously.
6. ENVIRONMENT GRANTS POLICY
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 September 2019 and:
A. Repeal the Environment Grants Policy adopted on 21 February 2019 and adopt the
revised Environment Grants Policy provided at Attachment 1 to the Report with the
additional words included under the heading of Council Policy: “All initiatives funded by
the Environment Grants Program will have tangible and measureable outcomes.”;
B. Note the Draft Multi-year Collaborative Environmental Grants - Operating Guideline
provided at Attachment 2 to the Report, developed by the Environment Levy Working
Group, as per the Environment Grants Policy; and
C. Approve the Environment Grants being directed towards outcomes of the Biodiversity
and Waterways, Wetlands & Coasts sections of the Noosa Environment Strategy, while
the Environment Levy remains the sole funding source for the Grants.
Carried unanimously.
7. COUNCIL MEETING SCHEDULE - JANUARY TO MARCH 2020
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That Council note the report by the Executive Assistant to the CEO to the Services &
Organisation Committee Meeting dated 10 September 2019 and approve the Council meeting
dates for 2020 as set out in Attachment 1 to the report.
The meeting adjourned at 11.30am.
The meeting resumed at 11.39am.
Carried unanimously.
Page 12 of 16
Section 13
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
8. SOCIAL STRATEGY IMPLEMENTATION UPDATE 2018-19
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 10 September 2019 on the Social Strategy
Implementation Plan after 3 years of operation and:
A. Note the updated Implementation Table, provided at Attachment 1 to the report;
B. Request the Chief Executive Officer to review and update the Noosa Social Strategy
during 2020/21; and
C. Consider appropriate resourcing of the Social Strategy review within the 2020/21 Budget
process.
Carried unanimously.
9. NOOSA SPIT SHORELINE EROSION UPDATE - SEPTEMBER 2019
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Pardon
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshore to
the Services & Organisation Committee Meeting dated 10 September 2019 providing an
update on the development of a Shoreline Erosion Management Plan (SEMP) for Noosa Spit.
Carried unanimously.
10. WASTE MANAGEMENT - 2018-19 ANNUAL REPORT
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Waste Coordinator to the Services and Organisation
Committee Meeting dated 10 September 2019, providing an update on the activities of the
Waste Section for the financial year 2018/19.
Cr Glasgow left the meeting.
Carried unanimously.
(Cr Glasgow was absent for the vote)
11. JULY 2019 RATE LEVY OVERVIEW
Cr Glasgow returned to the meeting.
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jackson
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 10 September 2019 providing an overview of the July 2019 Rate
Levy.
Carried unanimously.
Page 13 of 16
Section 14
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
12 MCU16 0153 01 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE OF PREMISES & REC16/0041 FOR RECONFIGURE OF A LOT AT 215
DAVID LOW WAY PEREGIAN BEACH
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 16 September 2019 regarding Application No. MCU16/0153.01 and REC16/0041 for a
Pre-Request Response to Change Conditions of the Development Approval for 215 David Low
Way, Peregian Beach and note that the applicant no longer intends to pursue their request for
a pre-request response from Council and now intends to go directly to the Planning and
Environment Court on this matter.:
A. Advise the applicant that Council does not support the proposed changes to condition 2,
3, 6, 37 and 66 and the deletion of condition 17 as:
1. The proposed change does not constitute a minor change under the Planning Act
2016 as the changes would result in a substantially different development, as they
would potentially:
(i) change the ability of the proposed development to operate as intended; and
(ii) remove (through its later and uncertain provision) a component that is
integral to the operation and development of the site.
2. The proposal is not consistent with the Environmental Outcomes of the Noosa Plan
as the changes do not provide certainty that a range of visitor accommodation
types will be provided.
3. The proposal is not consistent with the Eastern Beaches Locality Code as it would
create no certainty about the delivery of the motel and would not optimise the site’s
utilisation for short term visitor accommodation. There is relatively little commercial
short term accommodation in Peregian Beach and the motel provides a reasonable
alternative to the low cost accommodation intended for the site.
4. The proposal is not consistent with the draft Noosa Plan as the proposed staging
does not provide certainty that a diversity of visitor accommodation types and
affordability will be provided in Peregian Beach.
5. There are other opportunities to mitigate the potential construction impacts on the
motel as opposed to delaying the development of the motel.
6. The funding requirements for the development are not a relevant consideration for
planning matters and the proposed change to conditions.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
13 FINANCIAL PERFORMANCE REPORT - AUGUST 2019
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 September 2019 outlining August 2019 year to date financial performance
against budget, including changes to the financial performance report with the inclusion of key
financial sustainability indicators.
Carried unanimously.
Page 14 of 16
Section 15
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
Recommendation
The General Committee recommendations dated 16 September 2019 be adopted except where
dealt with or held over by separate resolution.
Page 15 of 16
Section 16
ORDINARY MEETING AGENDA 19 SEPTEMBER 2019
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil
9 PUBLIC QUESTION TIME
(Not yet commenced)
10 NEXT MEETING
The next Ordinary Meeting will be held on 17 October 2019 at the Federal Memorial Hall &
Community Centre, 2 Skyring Creek Road, Federal commencing at 6pm.
11 MEETING CLOSURE
Page 16 of 16