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2020-03-16 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 MARCH 2020
GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
16 MARCH 2020 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Cr Tony Wellington (Item 6 only).
1 MCU19/0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -
ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT, COOROY
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. MCU19/0134 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 3
Bar, situated at 5 Taylor Ct Cooroy and:
A. Refuse the application for the following reasons:
1. The proposed Entertainment & Dining Business – Type 3 Bar use is identified as
an inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald
Locality.
2. The proposed site is not suitable for the commercial use being located outside of
the Cooroy business centre, in an isolated location, with no pedestrian
connectivity or accessibility to public transport for patrons to the bar contrary to
Specific Outcomes O30 and O31 and Overall Outcomes d) and f) of the Business
Uses Code.
3. The proposal is contrary to Overall Outcomes a) and pp) i of the Cooroy & Lake
Macdonald Locality as the proposed bar:
3.1. will potentially undermine the intended use of the land in Taylor Court for
industrial uses to the exclusion of inconsistent uses; and
3.2. conflicts with the approved industrial uses on the site and hinder industrial
uses operations.
4. The applicant has not satisfactorily addressed that there is sufficient car parking
on site for the proposed use, with limited opportunities for street car parking.
5. The proposed use is specifically identified as an inconsistent use on the site
under the draft planning scheme as industrial land in Taylor Court is intended to
be used for industrial functions only to the exclusion of retail and commercial
uses.
B. Advise the applicant may wish to establish a tasting area that is ancillary but incidental
and subordinate to the approved industrial use. Such an ancillary component would
not include the sale of beverages or food for consumption on site.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 MARCH 2020
2 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA DRIVE, NOOSA
HEADS
Refer further report at Item 3.
3 FURTHER REPORT - 132006.1395.05 MINOR CHANGE TO DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA
DRIVE, NOOSA HEADS
Cr Glasgow left the meeting.
Committee Recommendation
Moved: Cr Jurisevic
Cr Glasgow returned to the meeting.
Seconded: Cr Glasgow
That Council note the report by the Coordinator Panning to the General Meeting dated 16
March 2020 regarding Application No. 132006.1395.05 for a minor change to an existing
approval for Material Change Of Use – Multiple Dwelling (10 Units) situated at 142 Noosa
Drive, Noosa Heads and:
A. Refuse the change for the following reasons:
1. The proposal is contrary to schedule 11, part 2, section 7 of the Planning
Regulation 2017 as the development is situated in a koala assessable
development area and does not provide for habitat connectivity or safe koala
movement.
2. The proposal is inconsistent with biodiversity assessment benchmarks (1), (2),
(4) and (5) of Part E of the State Planning Policy as the development will
adversely impact upon koala habitat and linkages, with koala populations
recognised as being matters of both national and state environmental
significance.
3. The proposal is inconsistent with water quality assessment benchmarks (1) and
(2) of Part E of the State Planning Policy as the development has not adequately
demonstrated that water quality objectives will be achieved.
4. The proposed development will adversely impact upon the site’s ecological
values, including koala habitat and linkage for koala movement throughout the
site contrary to Overall Outcomes 13.7.2a)i, 13.7.2a)iii, 13.7.2a)iv, 13.7.2b),
13.7.2c), 13.7.2d)i, 13.7.2d)vii, 13.7.2e), 13.7.2g), and Specific Outcomes O1a,
O3, O4, O5, O7, O10, O11, O16, O17, O18a), O18b), O18e), O18h), O19b),
O19c), O19g) and O19i) of the Biodiversity Overlay Code.
5. The proposed development is inconsistent with the Noosa Heads Locality Code
as the proposal will adversely impact on the site’s environmental values contrary
to Overall Outcome 9.7.2a)iv and Specific Outcomes O3 and O20.
6. The proposed Bushfire Management Plan proposes vegetation removal and
management within a part of the site which is zoned Open Space Conservation
and is intended to be protected and managed to the exclusion of development.
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 MARCH 2020
7. The proposed development is contrary to Overall Outcome 13.30.2(h) of the
Natural Hazards Overlay Code as bushfire mitigation measures do not avoid or
minimise impacts on the natural environment and ecological processes.
8. The proposed development is contrary to Overall Outcomes 14.157.2(b) and (d)
and Specific Outcomes 1, 8 and 10 of the Water Sensitive Design Code as
modelling for stormwater treatment has not included all relevant run-off areas.
9. Insufficient detail has been provided to demonstrate the extent and potential
impact of the proposed height variation for the dwelling units.
10. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements for an appropriate response to
the site’s natural hazards and protection of the site’s environmental values
including vegetation retention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
4 FURTHER REPORT - MCU18/0015 & RAL18/0001 - DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE (2 DETACHED HOUSES AND 12 MULTIPLE HOUSING -
TYPE 4 CONVENTIONAL) AND RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS
EASEMENT) AT 27 ATTUNGA HEIGHTS, NOOSA HEADS
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Contract Planner to the Planning & Environment
Committee Meeting dated 11 June 2019 and the Further Report to the General Committee
Meeting dated 16 March 2020 regarding Application No. MCU18/0015 for a Development
Permit for Material Change of Use (2 Detached Houses and Multiple Housing – type 4
Conventional – 12 Units) and Reconfiguring a Lot (1 into 4 lots plus Access Easement)
situated at 27 Attunga Heights, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Noosa Plan’s Strategic Framework
and the Desired Environmental Outcomes as
(i) The proposal does not satisfactorily protect the site’s significant
environment values.
(ii) The proposal does not maintain a satisfactory wildlife corridor through the
site and intrudes into the riparian buffer to the site’s watercourse.
2. The proposed development is contrary to the Overall and Specific Outcomes of
the Noosa Heads Locality Code as
(i) The proposed uses are inconsistent with and therefore strongly
inappropriate in the Open Space Conservation Zone.
(ii) The applicant has not satisfactorily demonstrated the proposed
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 MARCH 2020
development footprint is commensurate with the site’s constraints and
values.
(iii) The proposal will adversely impact on the sites and the adjoining road
reserve’s scenic and environmental values.
(iv) The proposed built form will adversely impact on the visual amenity of
nearby properties in Attunga Heights.
(v) The proposed development does not respect the scale and character of the
surrounding development.
3. The proposed development is contrary to the Specific Outcomes of the Noosa
Heads Locality Code for population density, gross floor area, site cover, building
height and setbacks.
4. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal does not satisfactorily manage, minimise or mitigate its impacts on the
site’s ecologically important areas, ecological linkages for the koala population
and the site’s watercourse with the development resulting in excessive clearing
of protected vegetation.
5. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
(i) The proposed lots and lot boundaries fragment the site’s wildlife corridor
and the riparian buffer to the site’s watercourse.
(ii) The proposal is to subdivide land in the Open Space Conservation zone.
(ii) The applicant has not demonstrated appropriate access for Lot 3 for
construction purposes is available or achievable.
(iii) The proposed parkland lot, Lot 4, includes part of the bushfire protection
zone for the multiple dwelling units and steep slopes which will require
ongoing monitoring and future management, inappropriately burdening
Council’s resources.
6. The proposed development has not been designed to avoid any potential
instability and associated problems and seeks to clear excessive vegetation that
assists in stabilising the site and the development in the long term contrary to the
Natural Hazards Overlay Code and Reconfiguration of Lot Code.
7. The proposed development will adversely impact on the vegetated character of
the adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by
residents and visitors to the area due to the scale and extent of development
proposed along this boundary and limited landscape opportunities to screen the
development. The proposed works for the driveway and associated retaining
walls are also likely to adversely impact on the vegetation within the road reserve
and result in the removal of some existing mature vegetation.
8. The proposed stormwater management strategies for water quality for the
multiple housing development on lot 1 conflict with the Water Sensitive Design
Code, which requires natural treatment strategies and systems and are contrary
to the Reconfiguration of Lot Code.
9. The proposed proprietary device has not been accepted by Stormwater Australia
as a satisfactory water quality treatment system for this area. Therefore, the
proposed development may adversely impact on the downstream ecosystem due
to changes in water quality.
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 MARCH 2020
10. The proposed development is contrary to the draft Noosa Plan provisions which
are more protective of the site’s environment values and consequently more
restrictive of development.
11. The application attracted a considerable number of public submissions raising
valid grounds of objection to the development.
12. The proposed development is contrary to Schedule 10 Division 3 of the Planning
Regulation 2017 as the development is situated in a koala assessable
development area and does not avoid, minimise or mitigate interfering with koala
habitat or propose a satisfactory offset to address any significant residual impact.
13. The proposal is contrary to the State Planning Policy as the proposed
development will adversely impact on koala habitat, with koala populations
recognised as being matters of both national and state environmental
significance.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Cr Glasgow left the meeting.
Carried unanimously.
5 CATEGORY D BUSHFIRE RECOVERY EXCEPTIONAL ASSISTANCE IMMEDIATE
SUPPORT PACKAGE
Cr Glasgow returned to the meeting.
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Jurisevic
That Council note the report by the Community Services Director to the General Committee
Meeting dated 16 March 2020 and approve the Program of Works as detailed in Attachment
1 to the report to be submitted to the Queensland Reconstruction Authority as a condition of
the Category D Bushfire Recovery Funding and further, request the Chief Executive Officer
to report the specific projects selected to proceed in each category to future Council
meetings.
Carried unanimously.
6 FINANCIAL PERFORMANCE REPORT - FEBRUARY 2020
Cr Wellington joined the meeting.
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 March 2020 outlining February 2020 year to date financial performance
against budget, including key financial sustainability indicators.
Carried unanimously.