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2019-12-19 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 19 December 2019
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 19 DECEMBER 2019
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 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 9
GENERAL COMMITTEE RECOMMENDATIONS 12
9 ORDINARY MEETING REPORTS 17
1 COUNCILLOR VACANCY 17
10 CLOSED SESSION 21
11 PUBLIC QUESTION TIME 21
12 NEXT MEETING 21
13 MEETING CLOSURE 21
Page 2 of 21
Section 3
ORDINARY MEETING AGENDA 19 DECEMBER 2019
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 November 2019 be received and confirmed.
The Minutes of the Special Meeting held on 28 November 2019 be received and confirmed.
The Minutes of the Special Meeting held on 11 December 2019 be received and confirmed.
The Minutes of the Special Meeting held on 16 December 2019 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 21
Section 4
ORDINARY MEETING AGENDA 19 DECEMBER 2019
8 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 DECEMBER 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Nil.
1 MCU18/0138 MATERIAL CHANGE OF USE - EDUCATION - TYPE 3 ADULT AT 64
POINCIANA AVENUE AND 5 MOORINDIL STREET, TEWANTIN
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU18/0138 for a
Development Permit for Material Change of Use - Education - Type 3 Adult (University of the
Third Age – U3A) situated at 64 Poinciana Avenue, Tewantin and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name
1 A Top Floor North submitted to Council on 28.08.2018
2 A Upper Floor South submitted to Council on 28.08.2018
3 A Ground Floor North submitted to Council on 28.08.2018
4 A Ground Floor South submitted to Council on 28.08.2018
Nature and Extent of Approved Use
3. A maximum of 57 persons are permitted on site at any time, consisting of:
a. 50 students;
b. 5 tutors; and
c. 2 volunteer receptionists
4. The approved operating times are as follows:
a. Staff/Tutors on site Monday to Friday between 8.30am to 4pm; and
b. Students on site Monday to Friday after 9am
Page 4 of 21
Section 5
ORDINARY MEETING AGENDA 19 DECEMBER 2019
Car Parking
5. A minimum of 12 car parking spaces must be provided and marked on the site,
and made available and accessible at all times while the use is operating.
6. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Advertising Devices
7. Any advertising sign or device must comply with Council's policies on advertising.
Sunset condition
8. This development permit lapses on 19 December 2024, unless written consent is
provided by Council’s delegate to extend the approval. In assessing an extension
to the approval, Council will have regard to the use’s impact on local on-street car
parking and any other relevant matters.
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed use provides a highly valued community service and facility for the
community and opportunities for social interaction for all members.
2. The site has not been used for residential purposes for a significant period of time
as it was approved for Professional Offices in 1981.
3. The draft scheme proposes to re-zone the site to Community Facilities Zone
(annotation 6 – Educational Establishment) under which the proposal would be a
consistent use subject to code assessment.
C. That Council resolve that any future application fees to change or delete condition 8 will
be waived.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
2 MCU19/0089 MATERIAL CHANGE OF USE - RETAIL BUSINESS TYPE 5 VEHICLE USES
RETAIL BUSINESS TYPE 2 SHOP AND OPW19/0160 OPERATIONAL WORKS - SIGNAGE
AT 52 - 54 MARY STREET, NOOSAVILLE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0089 for a
Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon,
Retail Business - Type 5 Vehicle Uses & OPW19/0160 for Operational Works – Signage
situated at 52 - 54 Mary St, Noosaville and:
A. Approve the application in accordance with the following conditions contained in the
Planning & Environment Committee Agenda dated 10 December 2019.:
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposal will result in no significant additional impacts to the existing
development;
Page 5 of 21
Section 6
ORDINARY MEETING AGENDA 19 DECEMBER 2019
2. The design solution for the proposed development is a substantial improvement to
the visual amenity of the existing development and is in keeping with the scale,
character and amenity of the surrounding area;
3. The proposed development is generally well located on the major road network
and will continue to fill a service need for the community and visitors to the area.
C. Note that the report is provided in accordance with Section 63(5) of the Planning Act
2016.
Carried unanimously.
3 MCU19/0017 & RAL19/0004 - REPRESENTATIONS TO CONDITIONS - MATERIAL
CHANGE OF USE FOR COMMERCIAL BUSINESS - TYPE 1 OFFICE, TYPE 2 MEDICAL,
ANCILLARY DWELLING UNIT AND RECONFIGURATION OF A LOT - ACCESS
EASEMENT AT 36 & 40 HOFMANN DR, NOOSAVILLE
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jackson
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding representations made in relation to
Application No. MCU19/0017 for a Development Permit for Material Change of Use - Ancillary
Dwelling Unit, Commercial Business - Type 1 Office, Commercial Business - Type 2 Medical
and RAL19/0004 for a Reconfiguration of a Lot – Access Easement (alteration of existing)
situated at 36 & 40 Hofmann Dr, Noosaville and:
A. Agree to amend Condition 24 to read as follows:
24. Appropriate sight lines from the basement car park must be demonstrated with any
operational works application and prior to the issue of any Operational works
approval. The sight lines must be generally in accordance with the drawing titled
Change to Carparking & Proposed Easements Plan, Reference No. D-02391.01-
C, dated 12.09.2019 and AS/NZS2890.1:2004. Prior to the issue of the
development approval for any operational works:
a. The survey plan for the required easements within the adjoining property (Lot
5 on SP264847) and the associated easement documents are to be
approved to confirm compliance with conditions by Council.
b. A written undertaking from the developer (solicitor or alternative acceptable
to Council) must be provided to Council that confirms that the easement
documents will be submitted with the State Titles Registry in conjunction with
the cadastral survey plan upon completion of the relevant civil works on the
site. The easements must be registered and copies of the registered
documents submitted to Council prior to the commencement of the approved
use. The easement documents must be registered within 30 days from the
date of the issue of the Operational Works approval.
B. Agree to delete Condition 34.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Page 6 of 21
Section 7
ORDINARY MEETING AGENDA 19 DECEMBER 2019
4 MCU19/0030.01 - MINOR CHANGE APPLICATION FOR A MATERIAL CHANGE OF USE -
MULTIPLE HOUSING - TYPE 4 CONVENTIONAL (3 UNITS) - 217 AND 219 GYMPIE
TERRACE, NOOSAVILLE
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Wellington
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 December 2019 regarding Application No. MCU19/0030.01 to
make a minor change to an existing approval for Multiple Housing - Type 4 Conventional (3
Units) situated at 217 and 219 Gympie Terrace, Noosaville Qld 4566 and:
A. Approve the change.
B. Amend Condition 2 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.
Plan No. Rev. Plan/Document Name Date
C1.0 N/A Site Plan 16/05/19
C2.0 F Basement 07/08/19
C3.1 F Level 1 07/08/19
C3.2 D Level 2 07/08/19
C5.0 N/A Level 3 16/05/19
C6.0 F Elevations 07/08/19
C6.1 F Elevations 07/08/19
C7.0 N/A Building Section – Terrace 07/08/19
C7.1 E Building Section – Dining & Pool 07/08/19
C60.0 F Pool Details – Level 1 (Ground) 07/08/19
C71.1 B Stair Details (Fire Escape) 07/08/19
C71.2 N/A Stair Details Perspective 07/08/19
C73.0 N/A Pump House 07/08/19
28292-C1.1 A Preliminary Driveway Plan, as amended and 17/04//2019
dated by SCG Consulting
28292-OW5.2 A Driveway Levels and Sections, prepared by 17/04//2019
SCG Consulting
Page 7 of 21
Section 8
ORDINARY MEETING AGENDA 19 DECEMBER 2019
C. Amend Condition 17 to read as follows:
17. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that
specific area. Landscaped planter boxes to extend along the length of the eastern
and western façade of the building in accordance with Approved Plans
MCU19/0030 Noosa Council 15 August 2019.
D. Include the following additional conditions:
Fire Pump
46. The diesel fire pump housing is to be of a muted tone, with signage of a contrasting
colour and easily distinguishable.
Meter Assembly
47. The outlet side of the meter assembly located in the north western corner of the lot
must be setback a minimum of 2 metres from the northern boundary.
E. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
5 NEW REPORTING REQUIREMENTS FOR INFRASTRUCTURE CHARGES AND TRUNK
INFRASTRUCTURE
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 10 December 2019 advising of new reporting
requirements for infrastructure charges and trunk infrastructure.
Carried unanimously.
6 NOOSA BIOSPHERE RESERVE FOUNDATION - 2018/19 ANNUAL REPORT
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Stockwell
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
Recommendation
The Planning & Environment Committee recommendations dated 10 December 2019 be adopted
except where dealt with or held over by separate resolution.
Page 8 of 21
Section 9
ORDINARY MEETING AGENDA 19 DECEMBER 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 DECEMBER 2019 – Crs Joe Jurisevic (Chair), Tony Wellington & Frank Wilkie
Apology: Cr Frank Pardon
Other Councillors in attendance: Nil.
1 COUNCILLOR REPRESENTATION ON THE NOOSA CYCLING & WALKING STRATEGY
AND THE NOOSA HIGH PRIORITY CYCLE CORRIDOR - PROJECT CONTROL GROUPS
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Infrastructure Planning, Design and Delivery Manager to
the Services & Organisation Committee Meeting dated 10 December 2019 and appoint the
following three Councillors, Cr Wellington, Cr Stockwell and Cr Wilkie as members of Noosa
Cycling & Walking Strategy and Highest Priority Cycling Corridors – Project Control Group
(PCG).
Carried unanimously.
2 2019 KERBSIDE BULK WASTE COLLECTION
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Waste Coordinator to the Services & Organisation
Committee Meeting dated 10 December 2019 providing an overview of the 2019 Kerbside Bulk
Waste Collection Service and request a further report to Council to examine options for
providing the service into the future.
Carried unanimously.
3 COOROY BUTTER FACTORY MANAGEMENT UPDATE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Acting Manager Libraries & Galleries to the Services &
Organisation Committee Meeting dated 10 December 2019 and
A. Authorise the CEO to enter into an agreement with the Cooroy Future Group Inc to
operate the Butter Factory for a further three-year period, commencing 1 January 2020.
This agreement is to be in accordance with Council’s Community Leasing Policy and
subject to continued satisfactory performance by the Group, reviewed on an annual
basis;
B. Provide funding of $114,500 (ex GST) to the Cooroy Future Group Inc to support
operations for the first year to December 2020 in line with the approach outlined in the
Finance section of this report;
C. Refer future funding arrangements to the 2020/21 budget process; and
D. Extend congratulations to the Cooroy Future Group on their success thus far in operating
the Butter Factory.
Carried unanimously.
Page 9 of 21
Section 10
ORDINARY MEETING AGENDA 19 DECEMBER 2019
4 NOOSA RIVER HOLIDAY PARK - FEES AND CHARGES / PROPOSED USER PAYS
SYSTEM FOR ELECTRICITY CONSUMPTION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 10 December 2019; and
A. Set fees and charges for the Noosa River Holiday Park to 30 June 2021 as detailed in
Table 1 of this report; and
B. Note that a 2020/21 capital program budget submission will be made for the metered
powerhead installation project (incorporated in the Zero Emissions Noosa Project
Implementation budget submission); and
C. Note that subject to approval of the capital budget in the 2020/21 budget, a user pays
electricity system for electricity consumption at the Noosa River Holiday Park will be
implemented from 1 July 2021 (detailed as Option 3 in the report); with applicable fees
and charges considered as part of the 2021/22 budget process.
Carried unanimously.
5 BOREEN POINT CAMPGROUND FEES AND CHARGES
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 10 December 2019, and
A. Set fees and charges for the Boreen Point Campground to align with the cessation of the
end of the July 2021 Queensland school holidays; and
B. Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
for Boreen Point Campground for the period ending Monday 11 July 2021 as detailed in
the tables contained within the report.
Carried unanimously.
6 ORGANISATIONAL STRUCTURE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Director Executive Services Department to the Services &
Organisation Committee Meeting dated 10 December 2019 detailing the changes made to the
organisational structure and position establishment since 28 June 2019 and approve the
updated organisational structure provided at Attachment 2 to the report.
Carried unanimously.
Page 10 of 21
Section 11
ORDINARY MEETING AGENDA 19 DECEMBER 2019
7 TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT EXTENSION
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Wellington
That Services & Organisation Committee Agenda Item 7 be referred to the General Committee
due to the significance of the issue.
Carried unanimously.
8 2019 ANNUAL DISASTER AND RECOVERY MANAGEMENT UPDATE
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Project Officer, Disaster Management and Special Projects
to the Services & Organisation Committee Meeting dated 10 December 2019 providing an
update on disaster management activities and thank the members and advisors to the Noosa
Local Disaster Management Group for their participation.
Carried unanimously.
9 BUDGET WRAP UP
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wellington
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 12 December 2019 providing a summary of Council’s financial
performance against the 2018/19 budget.
Carried unanimously.
Recommendation
The Services & Organisation Committee recommendations dated 10 December 2019 be adopted
except where dealt with or held over by separate resolution.
Page 11 of 21
Section 12
ORDINARY MEETING AGENDA 19 DECEMBER 2019
GENERAL COMMITTEE RECOMMENDATIONS
16 DECEMBER 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington
1 NOOSA BIOSPHERE RESERVE FOUNDATION – 2018/19 ANNUAL REPORT
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 December 2019 and note the 2018/19 Annual
Report and audited Financial Statements received from the Noosa Biosphere Reserve
Foundation as provided at Attachments 1 and 2 to the report and thank Mr Dick Barnes for his
efforts in the Noosa Biosphere Reserve Foundation.
Carried unanimously.
2 TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT EXTENSION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 December 2019 regarding Tourism Noosa’s 2018/19 Annual
Report and Funding Agreement and:
1. Note the Annual Report for the 2018/19 financial year (including the 2018/19 financial
statements) as provided at Attachment 1 to the report; and
2. Agree to extend the existing Funding Agreement between Tourism Noosa and Council
for a further two year period as currently provided for in Clause 2 of the Funding
Agreement.
Carried unanimously.
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST 2ND ROUND
OF CONSULTATION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 16 December 2019 and resolve:
A. To make the following changes in response to submissions to the Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
in tracked change extracts in Attachment 1:
i. amend the requirements for sandwich board / A-Frame signs to clarify that the
sandwich board / A-Frame must be placed on the property to which it refers, or
where this is not practically possible, immediately abutting the property on public
land;
Page 12 of 21
Section 13
ORDINARY MEETING AGENDA 19 DECEMBER 2019
ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A –
Frame signs and instead state that clear pedestrian, wheelchair and pram access
must be maintained at all times;
iii. clarify the wording for event directional signage to say that it must only be displayed
on the days of the event and not more than 7 days prior to the event;
B. Having considered the content of a public interest test report in relation to anti-
competitive provisions contained in each of Administration (Amendment) Local Law (No.
1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate
Local Law (No. 1) 2019, note the content of the public interest test report in Attachment
2 and implement the recommendations of the public interest test report;
C. To proceed with the making of, and make, Administration (Amendment) Local Law (No.
1) 2019 as altered in Attachment 3;
D. To proceed with the making of, and make, Administration and Other Subordinate Local
Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4;
E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019 contain anti-competitive provisions;
F. To bring forward the consolidated version of:
a. Local Law No. 1 (Administration) 2015;
b. Subordinate Local Law No. 1 (Administration) 2015; and
c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads) 2015;
for adoption and commencement in early 2020 to enable the local law amendments to
commence when the new Noosa Plan takes effect.
For: Crs. Wellington, Wilkie and Stockwell
Against: Crs. Glasgow, Jurisevic and Jackson
Carried on the casting vote of the Chair.
4 51987.2951.01 - PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M
DESIGN & FOURTEEN ENTERPRISES) - MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
TERRACE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Manager Development Assessment to the General
Committee meeting dated 16 December 2019 regarding Planning & Environment Court Appeal
No. 245 of 2019 and agree to settle the appeal generally in accordance with the following
conditions:
PLANNING
When Conditions must be Complied With
1. This development approval for a minor change to Town Planning Consent (TPC1918)
for a dwelling in a Sand Dune Problem Area, must be undertaken in accordance with the
conditions of approval.
Page 13 of 21
Section 14
ORDINARY MEETING AGENDA 19 DECEMBER 2019
2. The applicant must provide a copy of this development approval to the private building
certifier who assesses the subsequent development application for a development
permit for building works for the construction of the pool and deck area.
Approved Plans
3. Development must be undertaken strictly in accordance with the approved plans listed
in the following table unless otherwise amended by these conditions.
Drawing No. Rev. Plan Date
2.1 C Ground Floor – Demolition, prepared by M Design 18.09.18
2.2 C Ground Floor Proposed, prepared by M Design 18.09.18
5.1 C Sections, prepared by M Design 18.09.18
P1 A Cover Page, prepared by Rienmac Pty Ltd 14.09.18
Sheet 1 of 3
P2 A Pool Plan, prepared by Rienmac* 14.09.18
Sheet 2 of 3
P3 A Details, prepared by Rienmac* 14.09.18
Sheet 3 of 3
*Note: The foundations are to be modified to comply with the Core Geotechnical
Consultants report dated, September 2019 (ref J000867-003-R-Rev 0).
Approved Documents
4. Development must be undertaken strictly in accordance with the approved documents
listed in the following table unless otherwise amended by these conditions.
Document
M Design & Fourteen Enterprises Pty Ltd (Appellants v Noosa Shire Council (Respondent),
Planning and Environment Appeal No.245 of 2019, Joint Expert Report dated 7 August 2019
including all Attachments:
Attachment 1
Working Notes: M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire
Council – 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek dated July 2019;
and
Attachment 2
Geotechnical Report, proposed swimming pool 42 Seaview Terrace, Sunshine Beach,
Updated in Response to Joint Information Request by Coastal Engineering Experts,
prepared by Core Consultants Pty Ltd and dated 24 September 2019; and
Attachment 3
Core Consultants email advice of 27 September 2019; and
Attachment 4
Coastal Erosion Historic Assessments by Neil Collins
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building Works. The cash bond or trading
bank guarantee will be returned on performance of the conditions of approval less any
costs incurred by Council in respect of enforcing performance of this permit. Council
reserves the right to call upon the bond or guaranteed sum to effect compliance with
conditions.
Page 14 of 21
Section 15
ORDINARY MEETING AGENDA 19 DECEMBER 2019
Landscaping
6. The existing trees, in particular the Pandanus tectorius located in the south east corner
of the site must be retained as shown on the approved plan by M Design, Drawing No.
2.1, Issue C, dated 18 September 2018.
7. Existing vegetation in the road reserve must be retained, unless written authorisation
from Council is granted for the clearing.
8. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are already
cleared; and
d. using low impact construction techniques around vegetation.
Earthworks
9. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
Geotechnical Stability
10. All works must be carried out strictly in accordance with the geotechnical report prepared
by Core Consultants Pty Ltd and dated 24 September 2019, including the following
recommendations (which are the minimum specifications):
10.1. piles are to be a minimum of 10m deep;
10.2. pile arrangement number, arrangement and spacing and associated A frame
structure and capping beams are to be, as a minimum, in accordance with Drawing
Number P1001 entitled ‘A Frame for Slope Stabilisation General Arrangement’ and
in accordance with Figure B4 entitled ‘Case 4; Piles Support’;
10.3. grout columns are to be installed between the micro-piles to a minimum depth of
10m to prevent all sand flow between the piles; and
10.4. a minimum of 56 piles are required with 50 required under the eastern side of the
pool.
11. All works associated with the construction of the pool are to be certified by a Registered
Professional Engineer of Queensland (RPEQ) to ensure compliance with the
geotechnical report prepared by Core Consultants Pty Ltd and dated 24 September
2019, and the conditions of approval.
Coastal Protection
12. To protect the coastal dune system, a mix of native endemic coastal vegetation
consisting of ground covers, shrubs and trees must be planted for a width of 5m for the
full length of the seaward boundary in accordance with Council’s Planning Scheme
Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a
minimum pot size of 200mm and must be planted at the following density:
a. trees must have a maximum spacing of 5m;
b. shrubs must have a maximum spacing of 2m; and
c. ground covers planted between the trees and shrub stems to provide a dense
coverage.
13. An access gate or like device allowing access to the beachfront area is not permitted to
be installed.
Carried unanimously.
Page 15 of 21
Section 16
ORDINARY MEETING AGENDA 19 DECEMBER 2019
5 NOOSA SPIT SHORELINE EROSION UPDATE - DECEMBER 2019
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to
the General Committee Meeting dated 16 December 2019 and
A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment 1
to the report; and
B. Refer funding of for the implementation of the first phase of pathway as described in the
Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21
financial year budget process.
Carried unanimously.
6 FINANCIAL PERFORMANCE REPORT - NOVEMBER 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 December 2019 outlining November 2019 year to date financial performance
against budget, including key financial sustainability indicators.
Carried unanimously.
Recommendation
The General Committee recommendations dated 16 December 2019 be adopted except where dealt
with or held over by separate resolution.
Page 16 of 21
Section 17
ORDINARY MEETING AGENDA 19 DECEMBER 2019
9 ORDINARY MEETING REPORTS
1 COUNCILLOR VACANCY
Document i nformati on
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Councillors Employment
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 19
December 2019 and:
A. Note the Councillor vacancy due to the automatic loss of office of former Cr Frank Pardon due
to him being disqualified from holding office pursuant to section 154 of the Local Government
Act;
B. Resolve pursuant to section 163 (5) of the Local Government Act, not to fill the current
Councillor vacancy due to the proximity of the March 2020 election;
C. Appoint Cr ___________ to the Capital Works Executive and Cr ___________ to the Cooroy
Hinterland Playground Project External Working Group; and
D. Note that the membership of the Services and Organisation Committee will be Cr Jurisevic
(Chairperson), Cr Wilkie and Cr Wellington with the quorum of the Committee remaining as
two Councillors.
REPORT
This report provides Council with advice and implications under the Local Government Act of the
recent court decision to find former Cr Frank Pardon guilty on a range of charges together with the
imposition of a custodial sentence. There are a number of issues flowing from this court decision
including:
1. Loss of qualification to continue to hold office as a Councillor;
2. Process for dealing with a Councillor vacancy; and
3. Replacing the former Councillor on a number of working groups / committees etc.
1. Loss of qualification to continue to hold office as a Councillor
The Local Government Act contains provisions that set out when a councillor can lose office. Section
154 of the Local Government Act provides as follows:-
154 Disqualification of prisoners
(1) A person cannot be a councillor while the person is a prisoner.
(2) A prisoner is a person who—
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ORDINARY MEETING AGENDA 19 DECEMBER 2019
(a) is serving a period of imprisonment; or
(b) is liable to serve a period of imprisonment, even though the person has been released
from imprisonment (on parole or leave of absence, for example); or
(c) would be serving a term of imprisonment had the term of imprisonment not been
suspended under the Penalties and Sentences Act 1992, section 144.
(3) A person automatically stops being a councillor when the person becomes a prisoner.
This provision applies regardless of whether there is an appeal against the conviction and/or
sentence. As such, the councillor has ceased to hold office. Theoretically, a former councillor is
required to provide a notice to the Minister, the Mayor and the CEO under section 158A of the Act
that they are no longer qualified to hold office but in practice that is unlikely given he will be in
custody. I have spoken to the Department last week pointing out the futility of a such a provision in
the Local Government Act in its practical application. Whether or not such a notice is given does not
impact on the loss of office.
2. Councillor Vacancy
The Local Government Act makes provision for when a vacancy occurs during a local government
term. A vacancy can arise in a range of circumstances including resignation, death, missing two
consecutive Ordinary meetings without a leave of absence, becoming bankrupt, becoming a State
or Federal member or as per the current circumstance, by becoming a prisoner etc.
The way in which a councillor vacancy is managed depends, to a large extent, on when the vacancy
arises in the four year election cycle. Section 163 (5) of the Local Government Act provides as
follows:
(5) If a councillor’s office becomes vacant within 6 months of when quadrennial elections are
required to be held, the local government may decide not to fill the vacant office.
A vacancy that occurs prior to that time (i.e. in the first 3 ½ years) must be filled. As a general rule,
vacancies at that time are filled via a by-election although there are some nuances around that issue
that are not relevant in the current circumstance.
The Act certainly recognises that the circumstances are different in the final months of a 4 year term
and that a Council can decide not to fill the vacant office. If a Council does decide to fill the vacant
office within the final 6 months of a term, it does so via a Council appointment rather than a by-
election (see section 166 (5) and section166 (8) of the Local Government Act). The appointment
process works by Council calling for nominations and then shortlisting, interviewing and appointing
to the vacant councillor role. It is a seldom used provision for a good reason – if occurring towards
the end of the term, such a process occurs during the electioneering period for the quadrennial
election. Such an appointment process takes between 2 to 3 months and the earliest an
appointment could be made based on our scheduled Council meetings is 21 February 2020 – just
before the caretaker provisions commence.
My advice to Council is to not to fill the vacancy as it would be nonsensical to do so given the timing
and would result in an appointment process during a broader election process and result in the
appointment of someone to fill the vacancy for one Council meeting that would be held during the
caretaker period.
3. Filling roles
Former Cr Frank Pardon held a number of roles on committees, working groups etc which now need
to be considered. Those roles are:
A. Capital Works Executive – established by Council in November 2016 with a focus on
streamlining delivery of our Capital Works program. The CWE contains two Councillor
representatives with Cr Glasgow being the other Councillor representative. Cr Wellington is an
ex officio member of the group. Council should appoint another Councillor as a member of the
Capital Works Executive.
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ORDINARY MEETING AGENDA 19 DECEMBER 2019
B. Cooroy Hinterland Playground Project – This is an External Working Group established by
Council in October 2018 to liaise with the Cooroy community regarding the proposed
project. The Working Group has two Councillors with the other Councillor currently Cr
Wilkie. Council should appoint another Councillor as a member of the Cooroy Hinterland
Playground Project External Working Group.
C. Services and Organisation Committee – this is one of our two smaller committees providing
recommendations to Council. Other Councillors who are currently members are Mayor
Wellington, Cr Jurisevic (Chair) and Cr Wilkie. There are two options here for Council - either
appoint another Councillor to the Committee or leave that Committee with three
members. On balance, my recommendation is that this Committee operate with three
Councillors until the election. The Committee has no delegation, all recommendations go to
the Ordinary meeting and it would retain the current approach that all Councillors are on one
of the two Committees (except for the Mayor who is on both). The quorum for both
Committees remains at two.
Previous Council Consideration
Ordinary Meeting Minutes, 18 October 2018, Item 3, Page 15
That Council note the report by the Project Officer to the Services & Organisation Committee Meeting
dated 9 October 2018 regarding the Cooroy Hinterland Playground update and establishment of
project groups and:
A. Note the project update;
B. Approve the establishment and membership of an Internal Working Group for the remainder
of the project;
C. Appoint Councillors Pardon and Wilkie to the Cooroy Hinterland Playground External
Reference Group; and
D. Request that a further report be brought back to a future round of Council meetings detailing
the associated works, maintenance and whole of life costs related to the Playground project.
Ordinary Meeting Minutes, 15 March 2018, Item 7, Page 15
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated
12 March 2018 and:
A. Amend the membership of Council’s Standing Committees so that Councillor membership is
as follows:
1. Planning and Environment Committee – Cr Stockwell (Chairperson), Cr Jackson,
Cr Glasgow and Mayor Wellington;
2. Services and Organisation Committee – Cr Jurisevic (Chairperson), Cr Pardon, Cr Wilkie
and Mayor Wellington; and
3. General Committee – continuing as the Mayor and all Councillors with Cr Wilkie as
Chairperson.
B. Appoint Cr Stockwell in place of Cr Jurisevic as a member of the Case Management Working
Group;
C. Appoint Cr Jurisevic in place of Cr Pardon as Council’s representative on the Northern SEQ
Regional Roads and Transport Group;
D. Appoint Cr Glasgow in place of Cr Stockwell as a member of the Park Road Boardwalk
Reference Group;
E. Appoint Cr Stockwell as Council’s representative to the Noosa Integrated Catchment
Association Inc.; and
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ORDINARY MEETING AGENDA 19 DECEMBER 2019
F. Appoint the Mayor and Cr Jackson as Council’s representatives on the proposed Sustainable
Tourism Stakeholder Reference Group.
Ordinary Meeting Minutes, 15 June 2017, Item 2, Page 8
That Council note the report by the Asset Planning Coordinator to the Services & Organisation
Committee Meeting dated 6 June 2017 providing an update on the status of the projects currently
being delivered in the 2016/17 Capital Works Program, and endorse the name change of the Capital
Works Project Control Group to Capital Works Executive.
Ordinary Meeting Minutes, 17 November 2016, Item 5, Page 8
That Council note the report by the Asset Planning Coordinator to the Services & Organisation
Committee Meeting dated 8 November 2016 providing an update on the status of the projects
currently being delivered in the 2016/17 Capital Works Programme and:
A. Note that Council has achieved 36% of actuals and commitments compared to total budget as
at 28 October 2016,
B. Endorse the establishment of a Project Control Group to assist in the coordination of the
delivery of the Capital Works Programme; and
C. Nominate Crs. Pardon & Glasgow as members of the Project Control Group.
Finance
Nil.
Risks & Opportunities
Council needs to comply with the provisions of the Local Government Act in relation to the vacancy
in the role of a Councillor.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service 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
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Section 21
ORDINARY MEETING AGENDA 19 DECEMBER 2019
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1 BRIAN O’CONNOR
Q1: What is Noosa Council’s vision for Pomona, and the northern hinterland more generally, in
the areas of economic development and diversification, rural enterprise and nature-based
tourism?
Q2: What actions does the Council believe it should take, and in what timeframe, to bring about
the vision?
12 NEXT MEETING
The next Ordinary Meeting will be held on 16 January 2020 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 6pm.
13 MEETING CLOSURE
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