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                       AGENDA


            Ordinary Meeting

              Thursday, 20 July 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                                           20 JULY 2017


TABLE OF CONTENTS


ITEM                                                                        PAGE
1      ATTENDANCE & APOLOGIES                                                  3
2      CONFIRMATION OF MINUTES                                                 3
3      MAYORAL MINUTES                                                         3
4      PETITIONS                                                               3
5      NOTIFIED MOTIONS                                                        3
6      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                              4
       AUDIT & RISK COMMITTEE RECOMMENDATIONS                                  4
       PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS                        6
       SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS                      10
       GENERAL COMMITTEE RECOMMENDATIONS                                      12
7      ORDINARY MEETING REPORTS                                               14
       1   152006.1999.01 - FURTHER REPORT - APPLICATION FOR EXTENSION TO
           THE RELEVANT PERIOD RELATING TO DEVELOPMENT PERMIT
           TO RECONFIGURE A LOT (52 LOTS & PARK) FOR 191 HOLLETT ROAD,
           NOOSAVILLE                                                         14
8      CLOSED SESSION                                                   16
9      NEXT MEETING                                                           16
10     MEETING CLOSURE                                                        16




                                                                   Page 2 of 16

Section 3

ORDINARY MEETING AGENDA                                                      20 JULY 2017



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 15 June 2017 be received and confirmed.




3   MAYORAL MINUTES




4   PETITIONS




5   NOTIFIED MOTIONS

    Nil.




                                                                              Page 3 of 16

Section 4

ORDINARY MEETING AGENDA                                                           20 JULY 2017


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
16 JUNE 2017 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers (attended via
teleconference)

External attendees:   Denis Byram (Queensland Audit Office); Natasha McCraw & Robyn
                      Cooper (Crowe Horwath, via teleconference for item 6).


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 16 June 2017 detailing the 2016/17 final external
     audit plan, interim management report 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 16 June 2017 and:
     A.    Adopt the Internal Audit Plan 2017/18 as provided at Attachment 1 to the report with
           the inclusion of the following additional items:;
           1.    TechnologyOne User Access Review (to be considered as a future Internal Audit
                 beyond 2017/18); and
           2.    Development Assessment Processes (to be considered in 2018/19).
     B.    Note the Internal Audit Report ‘Internal Audit of Investment of Surplus Funds
           Processes’ of April 2017 prepared by Crowe Horwath, provided at Attachment 2 to the
           report;
     C.    Note the Internal Audit Report ‘Internal Audit of Procure to Pay Processes’ of June
           2017 prepared by Crowe Horwath, provided at Attachment 3 to the report; and
     D.    Note the Register of Action Items provided at Attachment 4 to the report.



3    2016-17 SHELL FINANCIAL STATEMENTS
     That Council note the report by the Financial Accountant to the Audit & Risk Committee
     Meeting dated 16 June 2017 regarding the draft 2016/17 shell financial statements.


4    REVIEW OF ASSET VALUATION FOR 2016-17 FINANCIAL STATEMENTS
     That Council note the report by the Financial Accountant to the Audit & Risk Committee
     Meeting dated 16 June 2017 and note the approach to be applied for asset valuation
     purposes for the 2016-17 financial statements.




                                                                                       Page 4 of 16

Section 5

ORDINARY MEETING AGENDA                                                      20 JULY 2017


5    RISK MANAGEMENT UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 16 June 2017 providing an update on Risk Management.


6    ANNUAL INSURANCE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 16 June 2017 providing an update on Council’s Insurance Program.




Recommendation

The Audit & Risk Committee recommendations dated 16 June 2017 be adopted except where dealt
with or held over by separate resolution.




                                                                              Page 5 of 16

Section 6

ORDINARY MEETING AGENDA                                                               20 JULY 2017


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 JULY 2017 - Crs Joe Jurisevic (Chair), Brian Stockwell and Tony Wellington
Apology: Cr Ingrid Jackson
Other Councillors in attendance: Nil.

1    MCU17/0020 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
     FOR ANIMAL HUSBANDRY TYPE 1 (AQUACULTURE) AT 3 SANDERS STREET,
     NOOSAVILLE
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 11 July 2017 regarding Application No. MCU17/0020 for a
     Development Permit for Animal Husbandry Type 2 (Intensive Aquaculture) situated at 3
     Sanders Street, Noosaville and:
     A.    Approve the application in accordance with the following conditions contained in the
           Planning & Environment Committee Agenda dated 11 July 2017
     B.    Find the following are sufficient grounds to justify the decision despite the conflict with
           the Planning Scheme:
           1.    The aquaculture use is similar in nature to an industrial processing operation and
                 is appropriately located within an existing industrial premise.
           2.    The development is compatible with and will not negatively impact on the existing
                 businesses in the area.



2    DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
     ENTERTAINMENT AND DINING TYPE 2 (RECREATION, AMUSEMENT AND FITNESS)
     AT 4/1 RENE STREET, NOOSAVILLE (MCU17/0034)
     Item not dealt with by Planning & Environment Committee.                 Referred to General
     Committee for consideration.
     Reason for referral – Planning & Environment Committee suggest amendments to
     permitted patron numbers and required car parking spaces.



3    MCU16/0066 & OPW16/0133 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT
     APPROVAL FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION,
     CONVENIENCE SHOP AND FOOD OUTLET AND OPERATIONAL WORKS FOR
     SIGNAGE AT 6 TAYLOR COURT, COOROY
     That Council note the report by the Development Planner to the Planning and Environment
     Committee Meeting dated 11 July 2017 regarding representations to conditions of approval
     for Development Permit for Material Change of Use of Premises comprising Retail Business
     Type 5 - Vehicle Uses (Service Station), Entertainment & Dining Business Type 1 - Food &
     Beverages (Fast Food Outlet), Retail Business Type 2 – Shop (Convenience Retail) and
     Operational Works for signage on vacant industrial land on the corner of Taylor Court and
     Holts Road, Cooroy, and
     A.    Approve the request to change conditions 2 and 27 e) to read as follows:
           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 6 of 16

Section 7

ORDINARY MEETING AGENDA                                                                 20 JULY 2017



                    Plan No.   Rev.      Plan/Document Name                                  Date

                    DA-02      P5        Site Plan, prepared by Red Dog Architects           19/10/2016

                    DA-05      P5        North Elevation, prepared by Red Dog Architects     19/10/2016

                    DA-06      P5        South Elevation, prepared by Red Dog Architects     19/10/2016

                    DA-07      P5        East & West Elevations, prepared by Red Dog         19/10/2016
                                         Architects

                    DA-08      P5        Signage Plan, prepared by Red Dog Architects        19/10/2016

         27.   The site must be provided with a stormwater drainage system connecting to a
               lawful point of discharge. The works must be undertaken in accordance with an
               Operational Works approval and the Queensland Urban Drainage Manual, and
               must include in particular:
               e)      A stormwater quality treatment system. The stormwater treatment must
                       generally be in accordance with the Stormwater Management Plan for
                       Highway Service Centre Cooroy, project number 161968 by Covey
                       Associates, dated October 2016 except where alteration to the inclusion of
                       proprietary water quality treatment devices are necessary to achieve the
                       following objectives as predicted in MUSIC modelling in accordance with
                       the Water by Design MUSIC modelling guidelines.

                                            State Planning Policy      SEQ     Water   Development
                                                                       Guidelines:     Development
                                                                       Guidelines for Water Quality
                                                                       Management in Drinking Water
                                                                       Catchments (SEQ Water 2012)

                        Total Suspended 9080%            reduction
                        Solids          compared       to       an
                                        unmitigated development

                        Total               60% reduction compared No increase in pollutant loads
                        Phosphorous         to     an    unmitigated compared to a Vacant Industrial
                                            development              Allotment

                        Total Nitrogen      45% reduction compared
                                            to     an    unmitigated
                                            development

                       Where proprietary water quality treatment devices are included within the
                       stormwater quality treatment strategy, evidence of a signed contract for a
                       minimum period of 10 years for maintenance of the proprietary stormwater
                       quality treatment device must be provided to Council prior to
                       commencement of use.
    B.   Delete condition 27 k).




                                                                                           Page 7 of 16

Section 8

ORDINARY MEETING AGENDA                                                            20 JULY 2017


4   152006.1999.01 APPLICATION FOR EXTENSION TO THE RELEVANT PERIOD
    RELATING TO DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (52 LOTS
    & PARK) FOR 191 HOLLETT ROAD, NOOSAVILLE
    Item not dealt with by Planning & Environment Committee.               Referred to General
    Committee for consideration.
    Reason for referral – Awaiting receipt of legal advice.


5   PLANNING AND ENVIRONMENT COURT APPEAL D59 OF 2017 REFUSAL OF
    DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (DETACHED HOUSE X
    19) AT 90 BEACH ROAD NOOSA NORTH SHORE
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 July 2017 regarding Planning and Environment Court Appeal
    D59 of 22 May 2017 and agree to defend the appeal.


6   LOCAL GOVERNMENT INFRASTRUCTURE PLAN (STORMWATER NETWORK PFTI &
    SOW)
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 11 July 2017 regarding the review of the Stormwater
    network required for the new Local Government Infrastructure Plan (LGIP) under The Noosa
    Plan 2006 and approve:
    A.   The Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 2 to the report
         noting the service catchments being limited to the Priority Infrastructure Area (PIA) area
         for preparing the SOW model;
    B.   The Stormwater Network Future Projects for including in the LGIP Schedule of Works
         (SOW) provided in Attachment 1 noting that the base costs estimates will be refined
         following completion of the excel SOW Model; and
    C.   Note that further amendments will be made to the SOW and incorporated in a
         subsequent LGIP to be prepared for the new Planning Scheme that reflects Council’s
         further network planning.


7   LOCAL GOVERNMENT INFRASTRUCTURE PLAN (TRANSPORT NETWORK PFTI &
    SOW)
    That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
    Environment Committee Meeting dated 11 July 2017 regarding the review of the Transport
    network required for the new Local Government Infrastructure Plan (LGIP) under The Noosa
    Plan 2006 and approve:
    A.   The Plans for Trunk Infrastructure (PFTI) Maps provided in Attachment 2 to the report
         noting that the locality sub-catchments will be combined into two larger transport
         catchments for the Noosa Coastal Area and the Noosa Hinterland Area when preparing
         the SOW model;
    B.   The Transport Network Future Projects for including in the LGIP Schedule of Works
         (SOW) provided in Attachment 1 noting that the base costs estimates will be refined
         following completion of the excel SOW Model; and
    C.   Note that further amendments will be made to the SOW and incorporated in a
         subsequent LGIP to be prepared for the new Planning Scheme that reflects Council’s
         further network planning.



                                                                                     Page 8 of 16

Section 9

ORDINARY MEETING AGENDA                                                           20 JULY 2017


8    INVESTIGATION OF STORMWATER POLLUTION IN NOOSAVILLE INDUSTRIAL AREA
     That Council note the report by the Coordinator Environmental Health to the Services and
     Organisation Committee Meeting dated 11 July 2017 providing an update on the
     investigation of stormwater pollution in the Noosaville Industrial Area and:
     A.   Continue to work in partnership with relevant industries to facilitate dissemination of
          information on environmental compliance and sharing of knowledge within various
          industry groups; and
     B.   Request staff to prepare amendments to the Noosa Shire Council Local Law No 1
          (Administration) 2015 to be considered by Council at a future date, that:
          1.    Make the operation of industrial premises a ‘prescribed activity’ which requires
                approval and sets out relevant environmental conditions;
          2.    Introduce a risk based annual inspection program of industrial premises to
                monitor compliance with the environmental conditions of the approval; and
          3.    Provide for the recovery of fees for undertaking the risk based annual inspection
                program and approval process.


9    DEVELOPMENT ASSESSMENT - FEES & CHARGES VARIATIONS FOR 1 OCTOBER
     2016 TO 31 MARCH 2017
     That Council note the report by the Manager, Planning & Environment to the Planning &
     Environment Committee Meeting dated 11 July 2017 regarding the waiver or partial waiver
     of development application charges for 1 October 2016 to 31 March 2017 as detailed in the
     report.


10   BUILDING STATISTICS - 2016/17 YEAR
     That Council note the report by the Building and Plumbing Officer to the Planning &
     Environment Committee Meeting dated 11 July 2017 providing the annual statistics on
     building applications for the 2016/17 year.




Recommendation

The Planning & Environment Committee recommendations dated 11 July 2017 be adopted except
where dealt with or held over by separate resolution.




                                                                                   Page 9 of 16

Section 10

ORDINARY MEETING AGENDA                                                             20 JULY 2017


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
11 JULY 2017 – Crs Jess Glasgow (Acting Chair), Tony Wellington & Frank Wilkie
Apologies: Cr Frank Pardon
Other Councillors in Attendance: Crs Jurisevic and Stockwell



APPOINTMENT OF CHAIRPERSON
Moved:            Cr Wilkie
Seconded:         Cr Wellington
That the Committee appoint Cr Glasgow as the Acting Chairperson for the meeting.
                                                                                          Carried.



1    PROPOSAL BY BOOMERANG ALLIANCE FOR A PLASTIC FREE NOOSA
     Item not dealt with by Services and Organisation Committee. Referred to General
     Committee for consideration.
     Reason for referral – Requested by Cr Stockwell to investigate the matter further.



2    SOCIAL STRATEGY IMPLEMENTATION UPDATE 2016-2017
     That Council note the report by the Community Development Manager to the Services &
     Organisation Committee Meeting dated 11 July 2017 on the Social Strategy Implementation
     Plan after twelve (12) months of operation and
     A.     Request the Chief Executive Officer provide Council with an update and a revised
            action plan after a further twelve (12) months of operation;
     B.     Agree to update review the 2006 Social Charter, to have a greater part of which will be
            to ensure that it has sufficient focus on social justice and inclusiveness; and
     C.     Agree that in 2018 the focus for the Community Round Table will be to seek to address
            issues of homelessness and affordable housing within the Shire.


3    DRAFT SPORT AND ACTIVE RECREATION PLAN
     That Council note the report by the Community Development Officer to the Services &
     Organisation Committee Meeting dated 11 July 2017 and
     A.     Approve the “Draft Sport and Active Recreation Plan” provided at Attachment 1 to the
            report for the purpose of community consultation; and
     B.     Request the Chief Executive Officer to collate and consider feedback received as part
            of the consultation undertaken for further consideration of the Noosa Sport and Active
            Recreation Plan by Council.




                                                                                    Page 10 of 16

Section 11

ORDINARY MEETING AGENDA                                                           20 JULY 2017


4    COUNCIL SUPPORT FOR MARRIAGE EQUALITY
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee Meeting dated 11 July 2017 and agree to formally support the
     motion passed at the 2016 Australian Local Government Association’s Assembly that called
     on:
     “the Federal Government and the Federal Parliament to treat with dignity and respect all
     members of the community regardless of gender or sexuality by supporting changes to the
     marriage act to achieve marriage equality for same sex couples.”


5    POMONA MID-TOWN RAIL CROSSING - SUPPORT FOR RETENTION
     That Council note the report by the Director Infrastructure Services to the Services &
     Organisation Committee Meeting dated 11 July 2017 and authorise the CEO to write to
     Queensland Rail supporting the Pomona Community in their wish to retain the existing mid-
     town rail crossing and have it upgraded to improve safety.


6    PARK ROAD BOARDWALK - EXPRESSIONS OF INTEREST
     That Council note the report by the Project Manager to the Services & Organisation
     Committee Meeting dated 11 July 2017 and authorise staff to call for Expressions of Interest
     for the Design and Construction of the Park Road Boardwalk from Little Cove to Noosa
     National Park.


7    COMMUNITY ORGANISATIONS TENURE RENEWAL PROGRESS UPDATE
     That Council note the report by the Property Officer to the Services & Organisation
     Committee Meeting dated 11 July 2017 and
     A.   Note Attachment 1 Expired Community Tenure Agreements and Renewal Status;
     B.   Authorise the CEO to enter into tenure renewal negotiations with all community
          organisations noted in Attachment 2 to the report in accordance with the Community
          Purpose Land and Infrastructure Tenure Policy; and
     C.   Apply the exception to the requirement for tendering of the leases under Section 236
          (1) (b) (ii) of the Local Government Regulation 2012 as the leases are to community
          organisations.




Recommendation

The Services & Organisation Committee recommendations dated 11 July 2017 be adopted except
where dealt with or held over by separate resolution.




                                                                                  Page 11 of 16

Section 12

ORDINARY MEETING AGENDA                                                             20 JULY 2017


GENERAL COMMITTEE RECOMMENDATIONS
17 JULY 2017 – Crs. Frank Wilkie (Chair), Joe Jurisevic, Brian Stockwell and Tony
Wellington.
Apologies: Crs. Glasgow, Jackson and Pardon


1   DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
    ENTERTAINMENT AND DINING TYPE 2 (RECREATION, AMUSEMENT AND FITNESS)
    AT 4/1 RENE STREET, NOOSAVILLE (MCU17/0034)
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 July 2017 regarding Application No. MCU17/0034 for a
    Development Permit for Material Change of Use of Premises for an Entertainment and Dining
    Use Type 2 – Recreational, Amusement and Fitness (Yoga Studio) situated at 4/1 Rene
    Street, Noosaville and defer consideration of the matter to the Ordinary Meeting dated 20
    July 2017 so that discussions can occur with the applicant relating to the changes of
    conditions.:
    A.   Approve the application in accordance with the following conditions contained in the
         Planning & Environment Committee Agenda dated 11 July 2017.
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    Fitness centres and the like are generally floor area intensive and require
               tenancies within industrial units that are most readily found in the Industry Zone;
         2.    The Overall Outcomes of the Noosaville Locality Code acknowledge that some
               sport and recreation uses are acceptable in the Industry Zone;
         3.    The fitness centre is of a similar size and scale to other approved Entertainment
               & Dining Business’s Type 2 within the Noosaville Industrial area.


2   152006.1999.01 APPLICATION FOR EXTENSION TO THE RELEVANT PERIOD
    RELATING TO DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (52 LOTS
    & PARK) FOR 191 HOLLETT ROAD, NOOSAVILLE
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 11 July 2017 and refuseregarding Application No. 152006.1991.01
    for an Extension to the Relevant Period for Development Permit to Reconfigure a Lot (52 lots
    and park), situated at 191 Hollett Road Noosaville and request staff to prepare an amended
    report for consideration at the Ordinary Meeting on 20 July 2017. for the reasons outlined in
    the Planning & Environment Committee Agenda dated 11 July 2017.



3   PROPOSAL BY BOOMERANG ALLIANCE FOR A PLASTIC FREE NOOSA
    That Council note the report by the Manager Waste and Environmental Health to the Services
    & Organisation Committee Meeting dated 11 July 2017 regarding a proposal by Boomerang
    Alliance to implement a community led project for a Plastic Free Noosa and in response to
    the proposal from Boomerang Alliance, Council agree to:
    A.   Agree to Ssupport Boomerang Alliance in their project to reduce plastic in the Noosa
         environment through a “Plastic Free Noosa” program;
    B.   Provide a letter of support to accompany their application for a government grant to
         assist with funding the project; and


                                                                                    Page 12 of 16

Section 13

ORDINARY MEETING AGENDA                                                             20 JULY 2017


     C.   Request staff investigate the options available to require community and corporate
          events on public land (where food and beverage is provided) to be plastic free (as
          defined by the Responsible Plastic Guide – Noosa) including the option of permit
          conditions requiring event organisers and vendors to comply with appropriate “Plastic
          Free” practices;
     C.D. Inform Boomerang Alliance that the Council’s participation will be limited in the initial
          six months of the program as Council’s resources are involved in the implementation
          of a new waste management contract and the roll out of the Garden Waste Recycling
          Service from 1 September 2017.


4    TRANSPORT STRATEGY RESOURCING
     That Council note the report by the Director Infrastructure Services to the General Committee
     Meeting dated 17 July 2017 and adopt changes to Council’s organisational structure that
     provides an increase of one Project Manager position for a three year fixed term in the
     Infrastructure Planning, Design and Delivery Branch for the purpose of advancing the
     implementation of the Transport Strategy.


5    FINANCIAL PERFORMANCE REPORT - JUNE 2017 INTERIM POSITION
     That Council note the report by the Director Corporate Services to the General Committee
     Meeting dated 17 July 2017 providing results of interim 2016/17 financial performance
     against budget.


6    OPERATIONAL PLAN PROGRESS REPORT - 4TH QUARTER 2016-17
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 17 July 2017 providing an update on progress with the implementation of the
     Operational Plan to 30 June 2017 and details of Council’s Key Performance Indicators.


7    YEAR IN REVIEW 2016-17
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 17 July 2017 providing a review of Council’s progress in the 2016/17 financial year
     towards achieving the priorities set out in the Council’s Corporate Plan.




Recommendation

The General Committee recommendations dated 17 July 2017 be adopted except where dealt with
or held over by separate resolution.




                                                                                    Page 13 of 16

Section 14

ORDINARY MEETING AGENDA                                                               20 JULY 2017


7    ORDINARY MEETING REPORTS
1    152006.1999.01 - FURTHER REPORT - APPLICATION FOR EXTENSION TO THE
     RELEVANT PERIOD RELATING TO DEVELOPMENT PERMIT TO RECONFIGURE A
     LOT (52 LOTS & PARK) FOR 191 HOLLETT ROAD, NOOSAVILLE

Author            Coordinator Planning, Patrick Murphy
                  Environment & Sustainable Development Department
Index             ECM/ Application/ 152006.1999.01

Attachments       Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
dated 11 July 2017 and the further report to the Ordinary Meeting dated 20 July 2017 and refuse
Application No. 152006.1999.01 for an extension to the Relevant Period for a Development Permit
to Reconfigure a Lot (52 lots and park) situated at 191 Hollett Road, Noosaville for the following
reasons:
1.   The approval is not consistent with the South East Queensland Regional Plan as the
     development would result in the creation of an urban settlement within an area where the
     intent is to protect the landscape and the capacity for rural production.
2.   The approval is not consistent with the Noosa Plan 2006 as the proposed urban development
     is not located within an established village and would result in fragmentation of land holdings
     outside of areas already allocated for such purpose by the Noosa Plan. The development is
     also partly located within the Riparian Buffer area identified for protection by the Biodiversity
     Overlay
3.   The approval is contrary to the South East Queensland Koala Conservation State Planning
     Regulatory Planning Provisions as the development will result in the removal of non-juvenile
     koala habitat trees.
4.   Different bushfire hazard mapping to that used for the initial approval applies as the State
     Planning Provisions came into effect after the original approval and results in a higher hazard
     rating. The higher hazard rating may require changes to setback/buffer areas and an
     amended subdivision layout. An updated bushfire management plan has not been submitted
     to enable an assessment of the current bushfire hazard.
5.   Significant time has lapsed since the ecological assessment reports were originally submitted
     and the information in these reports is now outdated. Updated ecological reports have not
     been submitted.
6.   The community is unlikely to be aware of the proposal given the significant time that has
     lapsed, the Noosa Plan’s current zoning and no works have commenced on site.

REPORT
A report on this application was prepared for the Planning & Environment Committee on 11 July
2017 and was subsequently referred to the General Committee meeting. During the course of
discussions at the General Committee meeting, Councillors were advised that a further report was
required to address an omission in the initial report.

                                                                                      Page 14 of 16

Section 15

ORDINARY MEETING AGENDA                                                                  20 JULY 2017


In the circumstances the General Committee requested a further report be presented to the
Ordinary meeting for 20 July 2017.
The original report did not note that the proposed extension of the relevant period would align with
the sunset clause within condition 5 of the original approval, which specifies 6 years for the
completion of the development.
Condition 5 states:
    The uncompleted aspects of this development approval lapses if the subdivision plan for the
    last stage of the development has not been registered by the relevant titles authority within 6
    years of the date this approval takes effect.
The proposed alignment of the relevant period with the Condition 5 does not alter the
recommendation of the original report and the proposed grounds of refusal remain unchanged.
As per the original report it is noted that considerable time has elapsed since the original re-zoning
of the land in 1998, which has provided the property owner with substantial opportunity to act.
Since the development approval was issued in 2013 the property owner could have undertaken a
range of activities to progress the development approval. These activities include:
    Lodgement of an Operational works application for Operational Works for Subdivisional
     Works;
    Lodgement of amended plans with Council to satisfy the requirements of the Decision Notice;
    Subdivisional works including road works;
    Environmental works to the park, lots and parts of Hollett Rd; and
    Submission of detailed management plans relating to stormwater and acid sulphate soils.
The property owner has not undertaken any of these steps to progress the development. The
development as previously advised in the report to Planning & Environment Committee on 11 July
2017 (refer to page 37 of Committee agenda) significantly conflicts with the SEQ Regional Plan,
the SEQ Koala Conservation State Planning Regulatory Provisions and The Noosa Plan the
proposal will not result in any significant benefits to the community.

Consultation

External Consultation - Community & Stakeholder

Wakefield Sykes Solicitor

Internal Consultation

Departments/Sections Consulted:

     Chief Executive Officer          Community Services                      Corporate Services
     Executive Officer                Community Development                   Financial Services
     Executive Support                Community Facilities                    ICT
                                      Libraries & Galleries                   Procurement & Fleet
                                      Local Laws                              Property
                                      Waste & Environmental Health            Revenue Services

     Executive Services           X   Environment & Sustainable Development   Infrastructure Services
     Community Engagement             Building & Plumbing Services            Asset Management
     Customer Service             X   Development Assessment                  Buildings and Facilities
     Governance                       Economic Development                    Civil Operations
     People and Culture               Environmental Services                  Disaster Management
                                      Strategic Land Use Planning             Infrastructure Planning,
                                                                              Design and Delivery




                                                                                         Page 15 of 16

Section 16

ORDINARY MEETING AGENDA                                                  20 JULY 2017


8    CLOSED SESSION




9    NEXT MEETING

     The next Ordinary Meeting will be held on 17 August 2017 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 6pm.




10   MEETING CLOSURE




                                                                         Page 16 of 16

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