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2022-04-21 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday 21 April 2022
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 21 APRIL 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. MAYORAL MINUTES 3
4. PETITIONS 3
5. NOTIFIED MOTIONS 4
1 NOTIFIED MOTION – CR BRIAN STOCKWELL PLANNING SCHEME AMENDMENTS
- GRASSTREE COURT SUNRISE BEACH 4
6. PRESENTATIONS 7
7. DEPUTATIONS 7
8. CONSIDERATION OF COMMITTEE REPORTS 8
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 APRIL 2022 8
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 APRIL 2022 10
3 GENERAL MEETING COMMITTEE REPORT – 19 APRIL 2022 12
9. ORDINARY MEETING REPORTS 29
1 OPW21/0133 - FURTHER REPORT FOR OPERATIONAL WORK (PRESCRIBED
TIDAL WORKS) AT 1O-12 RAVENWOOD DRIVE NOOSA HEADS 29
10. CLOSED SESSION 33
11. PUBLIC QUESTION TIME 33
12. NEXT MEETING 33
13. MEETING CLOSURE 33
Page 2 of 33
Section 3
ORDINARY MEETING AGENDA 21 APRIL 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 17 March 2022 be received and confirmed.
The Minutes of the Special Meeting held on 30 March 2022 be received and confirmed.
3. MAYORAL MINUTES
4. PETITIONS
Page 3 of 33
Section 4
ORDINARY MEETING AGENDA 21 APRIL 2022
5. NOTIFIED MOTIONS
1 NOTIFIED MOTION – CR BRIAN STOCKWELL PLANNING SCHEME AMENDMENTS
- GRASSTREE COURT SUNRISE BEACH
NOTICE OF MOTION
SUBMITTED BY COUNCILLOR: Cr Brian Stockwell
COUNCIL MEETING: Ordinary Meeting, 21 April 2022
I hereby notify of my intention to move the following motion at the Ordinary Meeting
to take place on Thursday, 21 April, 2022.
That Council:
A. Consider the following Zoning Map changes as part of the current suite of planning scheme
amendments being prepared for State government review and subsequent public comment,
due to the presence of environmental values of state significance, high bushfire hazard and
the critical shortage of social housing:
1. Remove the listing of “3. Residential Care Facility” from Schedule 2 Map 14 over Lot 9
SP322789;
2. Add a range of social housing use definitions to the existing listing of “3. Residential
Care Facility” from Schedule 2 Map 14 over Lot 6 SP322789; and
B. Request the CEO to include these matters in a future report to Council on the Planning
Scheme Review.
13 April 2022
Councillor Date
To all Councillors and Directors
I hereby confirm that Cr Stockwell intends to move the motion shown above at the Ordinary
Meeting to be held on 21 April 2021
13 April 2022
Chief Executive Officer Date
COUNCILLOR COMMENT
Page 4 of 33
Section 5
ORDINARY MEETING AGENDA 21 APRIL 2022
The following background and justification for the proposal outlines the basis of the proposed
approach.
INTRODUCTION
Community Interest
There is a large degree of community interest in the future of the habitat surrounding Grasstree
Court. There has been a large turnover of the community since the initial development application
was approved. There has been with no formal opportunity for public comment for well over a
decade. There is growing concern in regard to the threats to the Glossy Black Cockatoo which is
listed as ‘Vulnerable’ under the Nature Conservation Act, and that is currently subject to active
consideration to be listed under the Australian Government Environmental Protection and
Biodiversity Conservation Act. The decision will be finalised in April 2022. The species was put up
for listing because the threatening processes (fire, climate change and habitat loss) have resulted
in alarming species decline nationally.
Since the 2019-2020 Bushfire season there is also heightened community concerns about the
bushfire hazards to communities adjoining the Noosa National Park as a result of our changing
climate creating conditions that are forecast to lead to more frequent extreme hazards.
Conservation and Biodiversity Values
In 2007-2011 when the ecological assessments and approval for the aged care and retirement
village was given, the site was not mapped by the state as Essential Habitat for species of
conservation significance. Essential Habitat is vegetation in which a species that is Endangered or
Vulnerable under the Nature Conservation Act (1992) has been known to occur.
The site is now mapped as ‘Essential Habitat’ by the State and has a mix of remnant vegetation
including ‘Banksia aemula low open woodland on dunes and sand plains’ (RE12.2.9) and ‘Open or
dry heath on dunes and beaches’ (RE12.2.13) (Map1). The latter ecosystem is currently mapped
as endangered from a biodiversity perspective (Map 2) and whose extent is ‘of concern’ under the
Vegetation Management Act (Map 1).
While the Noosa Plan 2020 largely reflects the zoning and overlay constraints in the Superseded
Planning Scheme the Biodiversity Overlay now identifies areas to the south of Grasstree Court as
containing environmental values of state significance (Maps 3 & 4). Previous ecological
assessment of this lot has identified 71 feed trees of the Glossy Black Cockatoo (Allocasuarina
littoralis) on Lot 9.
There are records of up to 40 birds coming to feed, drink and rear their young in the locality. Glossy
fledglings are dependent on their parents for feeding for up to 18 months and are regularly seen
with their parents around Grass Tree Court. Glossies have been recorded using Lot 6 and Lot 9
for over 20 years but the significance of these areas and the network of very small remaining
patches of Allocasuarina littoralis around Sunrise Beach, has increased in the last 20 years, as
other suitable patches of habitat have been cleared for urban development.
Noosa Council’s Environment Strategy has a clear target that “By 2030, populations of key
threatened indicator species remain viable.” And specifically commits us to act through the planning
scheme to achieve this aim in Action 1.3 that states: “Mapped remnant vegetation and important
regrowth vegetation is protected through the planning scheme and also through state and
commonwealth legislation.”
Page 5 of 33
Section 6
ORDINARY MEETING AGENDA 21 APRIL 2022
Bushfire Hazard and Climate Preparedness
Council’s Bushfire Hazard Mapping rates a large portion of Lot 9 on Grasstree Court as having a
high bushfire hazard and it is contiguous with the Girraween section of the Noosa National Park
which has a history of human induced wildfires. (Map 5)
Council’s Climate Response Plan commits us to taking measures to “be a well informed and
prepared community that considers climate change in making day-to-day and business decisions”
and clearly identifies the increased risk from bushfires.
Housing and Aged Care Needs
The Housing Needs Assessment adopted by Council in December 2021 acknowledged that
“Development of each of the approved Sunrise Beach, Tewantin and Palm Lakes facilities is
important in meeting the aged care needs of the community in the future. Further, in light of an
anticipated shortfall in aged care, much of 125 Myall Street Cooroy is zoned Community Facilities
and annotated for Residential Care.” It is also relevant to note that the report highlights that “Blue
Care has development approval for a 118 bed aged care facility at Grass Tree Court, Sunrise
Beach, but again no places have been allocated. … The applicant now proposes 102 residential
aged care beds, however, currently hold no place allocations for the site. Construction has not
commenced and there is ongoing community protest about future development of the site.”
The report also identifies that “In 2021 Noosa Shire Council has regarded the Shire as being
gripped by a housing crisis, which is having a significant social and economic impact on the
community.” The review confirmed that:
“The availability of homes for permanent rentals has diminished and weekly rents increased
significantly in the last few years;
Incomes and wages for jobs located within Noosa Shire are not keeping up with the rising
cost of accommodation or commuting;
Businesses and other workplaces are experiencing difficulty attracting and retaining
employees who cannot afford to live in the area, this has in instances resulted in businesses
down-scaling or even closing;
COVID-19 and the Royal Commission have impacted the aged care and retirement sector
and operators have reduced capacity to invest in capital works, including construction of new
developments for which they already have approvals”.
The current situation demands a rethink about priorities for available Community Facilities Zoned
land and Council owned properties as is currently occurring as part of the development of the
Housing Strategy.
Planning Scheme Response
For all these reasons I believe it is important that Council ensures the Planning Scheme adequately
reflects the community’s aspirations for the future, their desire for involvement in the development
application process and the current ‘planning need’ for social housing in the area.
While there are potential sites within the locality to accommodate new aged care facilities, there is
very limited supply of Glossy Black Cockatoo habitat. Considering the high conservation value and
bushfire hazard ratings on Lot 9 SP322789 on the south side of the street it is proposed that the
current scheduled use be removed. This would mean that future applications for the vast majority
of community uses would require ‘Impact Assessment’ which triggers the advertising for public
comment and appeal rights for submitters.
Further, considering the current largely cleared status of Lot 6 SP322789 on the north side of the
street it may be suitable for a broader range of community facilities. It would be desirable to
increase the scope of Code Assessable uses on that site to include a range of social housing
options. This would allow for greater flexibility on this allotment should the current approval not
proceed with the potential to help meet the current critical demand for social housing in the shire.
Page 6 of 33
Section 7
ORDINARY MEETING AGENDA 21 APRIL 2022
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 7 of 33
ORDINARY MEETING AGENDA 21 APRIL 2022
6. PRESENTATIONS
Nil.
7. DEPUTATIONS
Nil.
Page 7 of 33Section 8
ORDINARY MEETING AGENDA 21 APRIL 2022
8. CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 APRIL 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Amelia Lorentson (non-Committee Councillor)
Cr Frank Wilkie (non-Committee Councillor for Item 1)
EXECUTIVE
S Waters, Chief Executive Officer
L Jensen, Acting Director Environment and Sustainable Development
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU21/0194 APPLICATION FOR MATERIAL CHANGE OF USE FOR ROADSIDE STALL
AT 201 MARY RIVER ROAD, COOROY
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for a further report which includes:
A. A set of conditions that would allow Council to approve those uses that can be lawfully
conducted as a Roadside Stall on the grounds that:
1. It meets the Strategic Intent of the Planning scheme which supports rural tourism
and further acknowledging those aspects of the use are consistent with the aim to
facilitate: “The evolution of traditional agriculture and the emergence of new
sectors are supported by encouraging opportunities for value adding to occur
before agricultural produce leaves the farm gate or leaves the region” and staff be
requested to liaise with the applicant to ascertain their position.
2. The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages
that “The establishment of outdoor recreation and small-scale tourism facilities in
suitable locations is facilitated in a manner that does not significantly compromise
the rural productivity or ecological values of the land.”
B. Wording to append to the conditions of approval an advisory note that would indicate to
the applicants that Council would be amenable to considering an application for a Low
Use Commercial activity on the road reserve immediately in front of the premises for the
running of mobile coffee bus on the grounds that such a use is consistent with the
Commercial Use of Community Land Policy that requires the commercial use activity to
enhance the visitor and local experience of Noosa Shire.
Page 8 of 33
Section 9
ORDINARY MEETING AGENDA 21 APRIL 2022
2 51901.4116.01 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (DUAL
OCCUPANCY) AT 1/22 & 2/22 KINGFISHER DR PEREGIAN BEACH
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for further consideration.
3 MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
DWELLINGS (8 X DWELLING UNITS) AT 25 AND 27 TOOLAR STREET, TEWANTIN
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
for further consideration.
4 MCU17/0076.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT-TERM
ACCOMMODATION & OPERATIONAL WORKS AT 1/25 EDWARD STREET, NOOSAVILLE
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
for further consideration.
5 OPW21/0133 – APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
for further consideration.
6 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT UDPATE
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
due to the significance of the issue.
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2022
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 12 April 2022 regarding planning applications that
have been decided by delegated authority.
Committee Recommendation
That the report of the Planning & Environment Committee dated 12 April 2022 be received and the
recommendations therein be adopted except where dealt with by separate resolution
Page 9 of 33
Section 10
ORDINARY MEETING AGENDA 21 APRIL 2022
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 APRIL 2022
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie
Cr Karen Finzel (non-Committee Councillor)
EXECUTIVE
S Waters, Chief Executive Officer
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services
L Jensen, Acting Director Environment & Sustainable Development (Reports 1-3)
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 CONTRACT NO. T000064 – COOROY BELLI CREEK ROAD BRIDGE REPLACEMENT
That Council note the report by the Project Manager to the Services & Organisation Committee
Meeting dated 12 April 2022 and
A. Award Contract No. T000064 Cooroy Belli Creek Road Bridge Replacement to Ark
Construction Group Pty Ltd for the lump sum price of $1,011,420.09 (excl. GST); and
B. Approve the total project budget of $1,393,530 which includes project management,
superintendent costs and other project allowances to be allocated between the 2021/22
and 2022/23 budgets for the construction spanning across both financial years.
2 REGISTER OF PRE-QUALIFIED SUPPLIERS OF BUSINESS AND MARKETING
SERVICES
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I am a
personal client of Insight Social Media which is one of the 35 service providers that are proposed to be
appointed to the panel for Digital Strategy and Marketing (refer Attachment 3). Although I have a
declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
because I believe I have had no influence on the operational decision of Council Officers to engage
Insight Social Media. Therefore, I will choose to remain in the meeting room. However, I will respect the
decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 12 April 2022 and
A. Select the recommended respondents (provided in Attachment 3) to be Pre-qualified
Suppliers for Council’s Register of Pre-qualified Suppliers of Business and Marketing
Services, identified as arrangement T000046, for an initial term of twelve (12) months;
Page 10 of 33
Section 11
ORDINARY MEETING AGENDA 21 APRIL 2022
B. Approve the CEO to delegate the authority to extend the panel arrangement for three (3)
further periods of twelve (12) months each, at the sole discretion of Council and subject
to the performance of the suppliers under the panel; and
C. Delegate authority to the CEO to enter into arrangements with other local governments
in Queensland, on such terms as the CEO deems appropriate, to allow for those other
local governments to enter into contractual arrangements with the suppliers appointed
by Council to the Register of Pre-qualified Suppliers of Business and Marketing Services,
as if those other local governments had themselves selected the suppliers to be a pre-
qualified suppliers of business and marketing services.
3 T00043 – ICT MANAGED SERVICES – TENDER AWARD
That Council note the report by the ICT Manager to the Services and Organisation Committee
Meeting dated 12 April 2022 and
A. Award Contract T000043 Provision of Telecommunications and Cloud Managed
Services to the following Contractors for an initial term of three (3) years:
1. Separable Portion 1 – Managed Network Services to Nexon Asia Pacific Pty Ltd
(Nexon);
2. Separable Portion 2 – Managed Unified Communications Services to Optus
Networks Pty Ltd (Optus);
3. Separable Portion 3 – Managed Telephony and Services to Optus Networks Pty
Ltd (Optus);
4. Separable Portion 4 – Managed Azure Services to Codify Pty Ltd (Codify).
B. Approve the CEO to delegate the authority to extend the Contract for up to three further
periods of twelve (12) months each, subject to the performance of the suppliers under
the Contract.
4 NOOSA SHIRE COUNCIL SPECIALISED SUPPLIER LIST
That Council note the report by the Procurement & Contracts Advisor to the Services &
Organisation Committee Meeting dated 12 April 2022 and add SEEK Limited and LinkedIn
Corporation to the current Specialised Supplier list for the remaining term of the list’s validity
period, being to 21 October 2022.
5 NOOSA RIVER HOLIDAY PARK – PROPOSED INTERIM MANAGEMENT AGREEMENT
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 12 April 2022 and authorise the CEO to enter into an
extension to the current interim management agreement with Anvera Pty Ltd trading as Dineen
Tourism Management commencing 1 May 2022 to 16 October 2022.
Committee Recommendation
That the report of the Services & Organisation Committee dated 12 April be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 11 of 33
Section 12
ORDINARY MEETING AGENDA 21 APRIL 2022
3 GENERAL MEETING COMMITTEE REPORT – 19 APRIL 2022
ATTENDANCE & APOLOGIES
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
S Waters Chief Executive Officer
L Jensen, Acting Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services
APOLOGIES
Nil.
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU21/0194 APPLICATION FOR MATERIAL CHANGE OF USE FOR ROADSIDE STALL
AT 201 MARY RIVER ROAD, COOROY
Refer to Further Report at Item 7.
2 51901.4116.01 - MINOR CHANGE TO AN EXISTING APPROVAL FOR (DUAL
OCCUPANCY) AT 1/22 & 2/22 KINGFISHER DR PEREGIAN BEACH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wilkie provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wilkie, inform the meeting that I have a declarable conflict of interest in this matter in relation to the
application in Item 5 – 51901.4116.01 as the applicants, Sharon and Morrie Barnes were on my list of
campaign volunteers for the 2020 LG Elections. I choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.
That the General Committee Agenda Item 2 be deferred to the Ordinary Meeting.
3 MCU21/0083 - APPLICATION FOR A MATERIAL CHANGE OF USE – MULTIPLE
DWELLINGS (8 X DWELLING UNITS) AT 25 AND 27 TOOLAR STREET, TEWANTIN
That Council note the report by the Project Coordinator Planning to the Planning &
Environment Committee Meeting dated 12 April 2022 regarding, Application No. MCU21/0083
for a Development Permit for Material Change of Use - Multiple dwelling, situated at 25 & 27
Toolar St Tewantin and note that the applicant has stopped the decision period pursuant to the
Planning Act 2016:
A. Refuse the application for the following reasons:
1. The proposal results in a development that does not comply with the following
provisions of the Medium Residential Zone Code:
Page 12 of 33
Section 13
ORDINARY MEETING AGENDA 21 APRIL 2022
a. Overall Outcome 6.3.2.2 (2) (c) as the scale and form of the proposed
development is not in keeping with the surrounding streetscape and
development.
b. Acceptable Outcome AO12.1 and AO12.2 and Performance Outcomes PO2,
PO9, PO10, PO11, PO12 as:
1. the proposal exceeds the maximum site cover and plot ratio sought for
the Medium Residential Zone and proposes insufficient front setbacks
1. will be imposing on the neighbouring properties and visually dominate
the street;
2. will not be compatible with the scale of development in the surrounding
area;
3. will present excessive building bulk to adjacent and surrounding
properties, and the street;
4. will not be in keeping with the character of the surrounding area;
5. will not be in keeping with the medium density residential amenity; and
6. does not allow for sufficient landscaping and spacing between the
proposed building and the front boundary.
2. The proposal results in development that does not comply with the following
provisions of the Dual Occupancy and Multiple Dwelling Code:
a. Overall Outcome 9.3.3.2 (2) (b) & (c) as the proposal exceeds the bulk and
scale of surrounding development, will not integrate with the surrounding
development and is inconsistent with the developed character of the
neighbourhood.
b. Acceptable Outcome 10.1 and Performance Outcome PO10 as the proposal
does not provide sufficient landscaped areas and will not effectively visually
soften or reduce the bulk and scale of development.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 MCU17/0076.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT-TERM
ACCOMMODATION & OPERATIONAL WORKS AT 1/25 EDWARD STREET, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding Application No. MCU17/0076.01 and
OPW17/0224.01 for an Other Change to a Development Permit for Material Change of Use –
Multiple Housing Type 2 Duplex & Short-term accommodation & Operational Works, situated
at 1/25 Edward St Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
further erode the permanent housing in the area, impacting permanent resident
amenity.
2. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
and (h) of the Medium Density Residential Zone Code as:
a. The proposal is located in an area that has a substantial number of properties
being used for visitor accommodation and/or properties permitted for visitor
accommodation. The introduction of additional short-term accommodation
within a duplex is not consistent with the purpose of the zone.
Page 13 of 33
Section 14
ORDINARY MEETING AGENDA 21 APRIL 2022
b. The proposal seeks to establish a new short-term visitor accommodation
facility within a recently approved dual occupancy and is not located within a
well-established resort or holiday units.
3. The proposal is not consistent with 7.2.4.2 Purpose and Overall Outcomes (2)(t)
and Performance Outcome PO21 of the Noosaville Local Plan Code as:
a. Additional visitor accommodation in the area is likely to result in detrimental
impacts on the residential amenity of permanent residents.
b. While the code seeks to maintain visitor accommodation in the area, it does
not seek to increase the extent of visitor accommodation within the area to
the detriment of permanent residents.
4. The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
a. The proposed visitor accommodation is not appropriately located and
integrated with permanent residents in the area given the number and
density of properties currently being used for visitor accommodation and/or
permitted for visitor accommodation.
b. The proposed visitor accommodation is likely to detract from the amenity
enjoyed by residents.
5. There is no need for additional short-term accommodation in the area.
6. The proposal does not comply with Performance Outcome PO12 of the Visitor
Accommodation Code and Performance Outcome PO6 of the Driveway and
Parking Code as insufficient car parking is proposed on site to address the likely
parking demands on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5 OPW21/0133 – APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 10-12 RAVENWOOD DRIVE NOOSA HEADS
That Council note the report by the Development Engineer to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding OPW21/0133 application for Operational
Works (Prescribed Tidal Works) and request a further report for the Ordinary Meeting providing
an alternative motion for approval:
A. Refuse the application for the following reasons:
1. The proposal is contrary to PO1, PO9, PO13, and PO19 of the Waterways Works
Code as it:
1.1. will lead to cluttering and adverse amenity impacts on the character and
amenity of the waterway and adjoining lots;
1.2. includes works outside the prolongation of boundaries of the lot;
1.3 will result in berthed vessels encroaching over the prolongation of boundaries of the lot;
1.4 when all vessels are moored, prevents the jet skis from leaving its dry storage
pontoon;
1.5 will result in adverse amenity impacts and potential conflicts with users of the
neighbouring jetty and put at risk users’ safety.
B. Advise the applicant that the jetty must be modified to comply with the approved plans
of development.
Page 14 of 33
Section 15
ORDINARY MEETING AGENDA 21 APRIL 2022
6 NOOSA RIVER OYSTER ECOSYSTEM RESTORATION PROJECT UDPATE
That Council note the report by the Environmental Services Manager (Acting) to the Planning
and Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration
Project dated 12 April 2022 and;
A. Note the 6 monthly report for the project submitted in accordance with the Alliance &
Funding Agreement between Noosa Council and The Nature Conservancy;
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding
the Noosa River Reef Restoration Alliance and Funding Agreement and report back to
Council on the outcomes; and
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy.
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware
of in entering into the agreement.
7 FURTHER REPORT - MCU21/0194 FOR MATERIAL CHANGE OF USE APPLICATION FOR
A ROADSIDE STALL AT 201 MARY RIVER ROAD, COOROY
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated
19 April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a
Roadside Stall situated at 201 Mary River Road, Cooroy 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 Date
22-02/01 B Roadside Stall Visualisation and Site, prepared by 28/02/2022
Beverley Jorgensen Building Designer
22-02/02 B Site – Callout 1, prepared by Beverley Jorgensen Building 28/02/2022
Designer
Currency Period
3. This development approval lapses if the use has not happened by 21 April 2028,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The approved use must only involve the sale of fresh or processed produce
produced on the site and surrounding properties, including:
Page 15 of 33
Section 16
ORDINARY MEETING AGENDA 21 APRIL 2022
a. Honey that is produced on site from beehives
b. Eggs that are produced onsite
c. Fruit, vegetables and herbs that are grown on site and on nearby properties
in the Cooroy Hinterland
d. Bottled juices from the fruit and vegetables available for sale.
5. Food and drink must not be prepared and sold for consumption on the premises.
No on-site dining is permitted.
6. The approved use must be operated by a permanent resident or residents of the
detached house on the site. A maximum of two (2) employees are permitted.
7. The approved use must not exceed 40m2.
8. The approved use must not operate outside the hours of 5:30am to 1:00pm
Monday to Friday, and 7:30am to 4:00pm on Saturday and Sunday.
Car Parking
9. A minimum of three (3) car parking spaces must be provided and marked on site
and made available and accessible at all times while the use is open for business.
10. All car parking areas and access driveways must be constructed with a suitable
formation and maintained exclusively for vehicle parking and manoeuvring and
kept in a tidy and safe condition at all times.
11. Directional signage must be provided to direct visitors and customers to the car
parking spaces provided on site.
B. Advise the applicant that they may wish to make an application for a Low Use
Commercial Activity to permit the operation of a mobile coffee bus on the road reserve
immediately adjacent the roadside stall.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposal meets the Strategic Intent of the Planning scheme which supports
rural tourism and further acknowledging those aspects of the use are consistent
with the aim to facilitate: “The evolution of traditional agriculture and the emergence
of new sectors are supported by encouraging opportunities for value adding to
occur before agricultural produce leaves the farm gate or leaves the region”
2. The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages
that “The establishment of outdoor recreation and small-scale tourism facilities in
suitable locations is facilitated in a manner that does not significantly compromise
the rural productivity or ecological values of the land.”
D. Advise the applicant that if they wish to continue to operate the stall as a coffee shop an
application is required for a food and drink outlet. The application should be lodged
within 6 months and during this time the use may continue to operate from the site subject
to the use not causing any significant impacts on the area.
E. That CEO be requested to prepare a set of amendments to the Noosa Plan 2020 that
facilitate a broader range of small scale rural enterprises directly related to the production
of local food, beverages, arts and crafts in order to provide opportunities for home-based
business and related uses that are of a scale suitable for assessment as accepted or
code assessable development.
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ORDINARY MEETING AGENDA 21 APRIL 2022
8 RAL21/0033 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT
INTO 8 LOTS) AT 60 GLENRIDGE DRIVE COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my personal
relationship with the applicant Mark Bain and the Bain Family who are family friends. We have attended social
events together, and our children have attended school together. As a result of my conflict of interest, I will
leave the meeting room while the matter is considered and voted on.
That Council note the report by the Development Planner to the General Committee Meeting dated
19 April 2022 and:
A. Approve the application and Issue a Preliminary Approval in accordance with the following
Conditions.
PLANNING
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development detailed below. These plans must be amended in accordance
with the conditions.
Plan No. Rev. Plan/Document Name Date
21598-P001 B Locality and Site Plan 21.03.2021
21598-P003 B Earthworks Plan 21.03.2021
Doc 21598_RP1 B Tod Engineering Report in support of 24.03.2022
Development Application
J001001 RP01 to A Vegetation Management and Covenant Area 17.02.2022
RP04 Rehabilitation Plan Concept prepared by North
Coast Environmental Services
21-0288 FS001 V4 Flood Investigation 1.04.2022
J1001001 V1 Bushfire Hazard Assessment and Management 23.12.2021
Plan prepared by North Coast Environmental
Services
2. Amended plans and reports must be submitted to Council prior to any further development
applications being made and must include the following:
a. Amend subdivision layout (Plan: 21598-P001 Rev B, 21598-P003 Rev C) detailing
amalgamation of Lots 1 and 2.
b. Amend the subdivision layout and include the mapped Koala Habitat adjacent to
Mckinnon Drive in one lot.
c. Update the fill level for the building envelope of proposed Lot 8 to the PMF Level.
d. Provide a Risk Assessment Report that demonstrates compliance with PO7 and AO7.1
to AO7.3 of the Flood Hazard Overlay Code and addresses management of risks to
occupants of the site having regard to Mckinnon Drive being not trafficable during a PMF
event.
e. Amend Table 4-5 of the Flood Investigation – 60 Glenridge Dve, Cooroibah Version 4
prepared by PeakUrban dated 01/04/2022 to address the following:
i. The minimum fill level for proposed Lot 8 is to be amended to the PMF level. All
works are to be carried out generally in accordance with the updated flood
investigation report.
ii. The updated flood investigation report is to be submitted to Council for approval
prior to the issue of Development Permit.
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ORDINARY MEETING AGENDA 21 APRIL 2022
f. Provide an effluent disposal report demonstrating that the house site areas can sustain
appropriate disposal areas.
g. Provide a fencing plan that details:
i. no fencing within the covenant area
ii. no fencing or gates restricting access between lots in relation to the fire break trail
areas.
h. Investigate Require the provision of a temporary fire/emergency access to Mckinnon
Drive.
i. Investigate Require the provision of an access road above the 1% AEP flood level
3. All buildings and structures must be located within the building envelopes shown on Plan
21598-P001 Rev B, prepared by TOD, dated 21st March 2021 (sic), as amended by this
approval.
4. Buildings within the proposed Lots are to be provided with finished floor levels in accordance
with Table 4-5 of the updated flood investigation report required by this approval, unless a
more recent Council flood study exists or a higher standard is defined in the Planning Scheme
at the time of lodgement of application for Building Works.
5. Unless otherwise stated, all works required by the conditions of this Decision Notice as relevant
to each particular stage must be completed prior to submission of the subdivision plan to
Council for compliance assessment for the particular stage.
6. The development must be undertaken and operated in a manner that causes no detrimental
effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting nuisance or other emissions.
Currency Period
7. This development approval lapses if the requirements of the conditions have not been
completed and an application for plan seal is not lodged with Council by 12 April 2026 unless
an application to extend the currency period is approved by Council.
Plan of Development
8. All future dwellings on the approved lots must be sited and constructed in accordance with the
approved building envelopes and dwelling controls (ie. the “Plan of Development”) shown on
the Approved Plans. A copy of the approved Plan of Development must be included in the
contract of sale for the approved lots, together with a clause which requires future dwellings to
be constructed in accordance with it.
9. The applicant must prepare a metes and bounds building envelopes plan indicating House site
areas and effluent disposal areas for the proposed lots. The areas must be in accordance with
the approved plans as amended by these conditions. The plans must be submitted in both
hardcopy and digital format (dwg) on GDA 94 zone 56 coordinates. The applicant must submit
the plans to Council for approval prior to the endorsement of the Plan of Survey.
Covenant
10. Vegetation protection covenants must be registered against the titles of the properties over the
land areas defined as the covenant areas as identified within Locality and Site Plans prepared
by Tod Consulting Engineers and Project Managers on the Approved Plans pursuant to
Section 97A of the Land Title Act 1994. The covenant document and a survey plan must be
submitted to Council for endorsement prior to lodgement with the relevant titles authority for
registration of title. The covenant document must:
a. incorporate the requirements of this Decision Notice;
b. include Noosa Council as Covenantee;
c. reference Queensland Land Title Registry Standard Terms Document No. 715597513;
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Section 19
ORDINARY MEETING AGENDA 21 APRIL 2022
d. reference the Vegetation Management and Covenant Area Rehabilitation Concept Plan;
e. reference the Covenant Area Management Plan (or similar);
f. reference the Bushland Rehabilitation Program (or similar);
g. reference the Firebreak Trail Specification;
h. reference the Bushfire Hazard Assessment and Management Plan;
i. detail no fence construction to occur in covenant areas and fire break trail; and
j. reference the requirement for minimum 1.2m metre high dog proof fence along the entire
common boundary of the vegetation protection covenants.
k. detail any future fencing around the external boundaries of the site to be fauna friendly.
l. allow the developer and his representatives to maintain the rehabilitation within the
Covenant Areas on all Lots during the entire maintenance period.
11. The vegetation protection covenant areas within each Lot must result in an area of not less
than the areas detailed within the Locality and Site Plans 21598-P001 Rev B prepared by Tod
Consulting Engineers and Project Managers and as amended by conditions of this approval.
12. If a provision included in the covenant document is requisitioned or refused registration by the
relevant titles authority, a substitute provision must be included in the document which as
nearly as practicable addresses the objective sought by the requisitioned or refused provision.
The wording of the substitute provision must be agreed by Council.
Staging
13. The development is to be staged in accordance with the Locality and Site Plans 21598-P001
Rev B prepared by Tod Consulting Engineers and Project Managers and as amended by
conditions of this approval with proposed Lot 8 requiring rehabilitation to be installed in
accordance with an Operational Works Approval prior to the sealing of the Survey Plan for
Stage 1.
14. Stage 2 area must be maintained and managed until commencement of Stage 2 to not cause
environmental impacts including but not limited to erosion and sediment control, weed invasion
control, fire mitigation measures (e.g. mown grass).
Land Rehabilitation
15. Rehabilitation works must be undertaken in accordance with the Approved Vegetation
Management and Covenant Area Rehabilitation Concept plan and in accordance with an
Operational Works approval and the Noosa Plan 2020 and Planning Scheme Policy - PSP 2
Landscaping with the exception of;
15.1 The inclusion of additional maintenance schedule requirements within the Vegetation
Management and Covenant Area Rehabilitation Concept plan including:
15.1.1 Weed management to maintain a weed free zone around each planted
tubestock, mulch replenishment when required. Watering when required.
15.1.2 Tree guarding of species susceptible to fauna damage.
15.1.3 Replacement of all dead tubestock.
15.1.4 3 Monthly (or as required) weed maintenance within the assisted natural
regeneration areas.
15.2 The inclusion of additional rehabilitation Performance Objectives including:
15.2.1 Rehabilitation works must meet the following Performance Criteria for:
a. Year One – 12 months after installation:
i. Planted trees have achieved an average height of 1m.
ii. Planted shrubs have achieved an average height of 0.4m.
b. Year Two - 24 months after the installation:
i. Planted trees have achieved an average height of 2m.
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ORDINARY MEETING AGENDA 21 APRIL 2022
ii. Planted shrubs have achieved an average height of 1m.
c. Year Three - Final acceptance installation:
i. Planted trees have achieved an average height of 3m.
ii. Planted shrubs have achieved an average height of 1.2m.
iii. Canopy and / or vegetative strata must not be devoid for any area greater
than 1.0m2 within any 10m2 sample.
iv. Plant density shading out and/or self-mulching.
d. The duration of the establishment period:
i. Adherence to maintenance regime for rehabilitation and revegetation areas.
i. No evidence of woody weeds reshooting from stumps, poisoned trees or the
regrowth of cut stumps.
ii. No evidence of over-weeding or impact on non-target species.
iii. Signs of indigenous recruitment in rehabilitation areas.
iv. Weed infestations less than 5% of the rehabilitation areas.
v. Any failed plants within the previous 12 month period have been replaced.
vi. Healthy and vigorous growth allowed to grow to full form.
vii. Mulch layer sufficient to suppress weeds.
16. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
1, a bank guarantee or a bond of $30,000 must be lodged as security for the completion of the
rehabilitation works and three year performance maintenance period identified in the
conditions of this approval.
17. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $10,000
b. Year 2 - $10,000
c. Year 3 - $10,000
18. Prior to the Operational Works Approval prestart meeting for the rehabilitation works of Stage
2, a bank guarantee or a bond of $60,000 must be lodged as security for the completion of the
rehabilitation and three year performance maintenance period identified in the conditions of
this approval.
19. The following amounts of the bank guarantee/bond may be returned at the end of each
performance criteria year following Council approval as follows:
a. Year 1 - $20,000
b Year 2 - $20,000
c. Year 3 - $20,000
20. Council reserves the right to stop and start the maintenance period depending on performance.
21. A Covenant Area Management Plan (or similar) and a Bushland Rehabilitation Program (or
similar) must be prepared by a qualified person* and endorsed through an Operational Works
approval.
22. The land areas defined as vegetation protection covenants on the subject site identified for
rehabilitation on the Approved Plans must be rehabilitated* and all weed species listed in the
following standards and legislation removed:
a. Declared plants under the Land Protection (Biodiversity Act 2014 and sub-ordinate
Regulation 2016).
b. Noosa Local Government Area Pest Management Plan 2015-2019.
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ORDINARY MEETING AGENDA 21 APRIL 2022
c. Undesirable Species as listed in Planning Scheme Policy 3 Landscaping Plants and
Guidelines.
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
23. A “no clearing zone” must be established and maintained over the land area defined over the
area identified as vegetation protection covenants on the Approved Plans. The following
activities must not be carried out within the no clearing zone:
a. clearing, cutting down, poisoning, lopping or pruning of native vegetation which is
indigenous to, or planted within, the zone
b. soil/spoil dumping and/or compacting
c. soil excavation, other than for planting indigenous native plants or for works which are a
natural consequence of this approval.
The following exceptions apply:
i. declared plants under the Biosecurity Act 2014, and any Council Listed Environmental
Weeds, Undesirable species, Exotic Grasses and other plants identified in writing by
Council
ii. indigenous native trees which pose a well-founded threat to persons or property as
approved in writing by Council
iii. controlled bushfire burns to maintain ecological processes subject to submission of a
Bushfire Management Plan and agreed in writing by Council.
24. All rehabilitation and re-vegetation of the vegetation protection covenant areas must be
installed prior to Council endorsement of the Plan of Survey for each stage.
Retention of Existing Trees
25. Existing trees on the site and in the Council road reserve must be retained in accordance with
an Arborist Report for the development prepared by a qualified person* and referenced in a
Development Permit for Operational Works.
*(Refer to Advisory Note)
26. The performance bond:
a. may be drawn upon by Council in its entirety if any one tree identified for retention is
damaged to the point where the tree cannot be saved (as confirmed by the project
arborist and agreed in writing by Council).
b. will be returned upon practical completion of all the operational works relating to this
development.
27. The tree/s identified for retention in the conditions of this approval listed within this Decision
Notice must be maintained in good health for the life of the tree.
Vegetation Management
28. An arborist’s report prepared by a suitably qualified person* is to be submitted for approval as
part of the operational works application/s. The purpose of the arborist’s report is to identify
the vegetation proposed to be removed on site. The vegetation to be retained in the vicinity of
vegetation to be removed must be identified and tree protection measures detailed within the
report.
The works must be undertaken in accordance with an Operational Works approval.
(*Refer Advisory Note)
Works within Protected Land
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Section 22
ORDINARY MEETING AGENDA 21 APRIL 2022
29. The following works must be undertaken for each stage within the land to be covered by the
vegetation protection covenants prior to the submission of the sealing of the survey plan:
a. Treatment and control of declared plants under the Biosecurity Act 2014 and all
undesirable species as listed in Planning Scheme Policy 3 Landscaping Plants and
Guidelines to prevent regrowth.
b. Plantings in accordance with the Approved Vegetation Management and Covenant Area
Rehabilitation Concept plan and a Covenant Area Management Plan (or similar) and a
Bushland Rehabilitation Program (or similar) prepared by a qualified person* and
endorsed through an Operational Works approval.
c. Removal of any structures, debris or materials foreign to a natural environment
The works must be undertaken in accordance with an Operational Works approval.
*(Refer to Advisory Note)
Fauna Management
30. Vegetation must only be removed or disturbed in accordance with a Fauna Management Plan
(or part thereof) prepared by a qualified person* and endorsed through an Operational Works
approval.
*(Refer to Advisory Note)
31. Any domestic cats kept at all Lots must be permanently confined within buildings and/or cat
enclosures for the purpose of protecting proximate wildlife. A clause must be included in the
contract of sale which alerts purchasers to the requirement of this condition.
Fencing to Protected Land
32. A permanent fence must be constructed around the entire perimeter of the vegetation
protection covenant area. The fence must be constructed in accordance with an Operational
Works approval and must be to the following specification:
a. Fauna friendly fencing on all covenant boundaries (1.2 metres high, 3 strand plain wire
(no barb), Bottom strand no less than 300mm off the ground;
b. 1.2 metre high dog proof fence along the entire common boundary to the vegetation
protection covenants.
c. Include A5 sized signage with the wording “Vegetation Protection Covenant Area – No
domestic animals” every 15m, durable, weather resistant and visually complementary to
the natural environment.
Community Awareness of Protected Land
33. An Environmental Awareness and Education Brochure must be prepared and provided to all
purchasers with the contract of sale. The brochure must provide educational information
regarding the significance of the Vegetation Protection Covenant, the requirements of
maintaining the Vegetation Protection Covenant and the potential negative impacts that may
result from some resident activities such as the keeping of domestic pets, the disposal of green
wastes, and etc.
Landscaping Works
34. 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 and PSP2 –
Landscaping and must include in particular:
a. provision of 1 street tree within the road reserve for every 8 metres of new road.
b. removal of all weeds species listed in the following standards and legislation.
c. declared plants under the Land Protection (Biodiversity Act 2016 and sub-ordinate
Regulation 2016).
d. The Noosa Council Biosecurity Plan 2020.
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Section 23
ORDINARY MEETING AGENDA 21 APRIL 2022
35. All landscape works must be established and maintained in accordance with horticultural best
practice with construction techniques that allow for healthy, sustained and vigorous plant
growth. All plant material must be allowed to grow to full form.
36. All entry statements, fences, batters, retaining walls and buffer plantings must be located
entirely within private land and not within the public road reserve.
37. All landscape works must be maintained generally in accordance with the approved design for
the life of the development.
Estate Entrance Feature
38. Any proposed estate entrance feature must:
a. reflect a subdued local character, rather than an overbearing or contrived statement
b. comprise feature vegetation (either existing or planted) in preference to built forms
c. integrate with the landscape design of the balance of the estate
d. be constructed of durable and low maintenance materials
e. be treated with a graffiti resistant coating
f. not restrict pedestrian access
g. Any estate entrance works must be undertaken in accordance with an Operational Works
approval.
Easements
39. A 20 metre wide continuous easement for fire break trail purposes must be registered against
the title of each new lot. The easement must be:
a. In favour of Council and Fire Services
b. Located over the land area defined by ‘Firebreak fire trail’ on the subject site identified
on the Fire Break Trail Specification within the approval plans
c. Located outside of the proposed covenant area;
d. Have no fencing between lots;
e. A continuous alignment through the lots.
40. The Grantor is responsible for all maintenance and costs associated with the 20 metre wide
easement.
41. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
Bushfire Management – Reconfiguration Requirements
42. All reconfiguration works must be carried out in accordance with the approved Bushfire Hazard
Assessment and Management Plan.
*(Refer Advisory Note)
43. Certification must be submitted to Council from a qualified person* which certifies that the
development has been constructed in accordance with the bushfire management conditions
of this Decision Notice.
*(Refer Advisory Note)
44. The following clauses must be included in the contract of sale for all Lots which requires:
a. future dwellings to be constructed within the building envelopes shown on the Approved
Plans AND in accordance with the approved Bushfire Hazard Assessment and
Management Plan.
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ORDINARY MEETING AGENDA 21 APRIL 2022
b. the trafficable fire break trail to be maintained, include unlocked 4m wide gates allowing
access to Council and Fire Services and ensure compliance with the QLD SPP Bushfire
2019 firebreak trail specifications.
c. All future dwellings are to provide a dedicated 10,000 litre water supply for firefighting
purposes .
45. A Landholder Bushfire Information Kit is to be provided to all new owners detailing the
performance requirements of the trafficable firebreak fire trails
Road & Park Names
46. The proposed names of roads must be lodged with the application for a Development Permit
for Operational Works. Names are to be
a. Relevant to Australian, preferably local, history, flora, fauna, culture, landscape or
physical characteristics.
b. If used, personal names should commemorate persons who have contributed
significantly to the development of the region; demonstrated outstanding levels of civic
service; or achieved role-model status in the wider community or donated property or
funds for community benefit; and be recognised in memoriam.
c. Park names should be unique within the locality.
d. Approval will not be given to a name that may be construed as advertising, is more than
one word, understanding that a geographic relationship such as Cooroy Mountain is
permissible; is insensitive to diverse cultures and does not accord with community
standards; and is not concise, easy to pronounce and spell and be without accent marks,
apostrophes or hyphens.
e. Approval will not be given to a name that is the same or similar to the name of another
road in the Shire, or of a road in close proximity in a neighbouring Shire. Names that are
not easily pronounced, or may cause confusion to emergency services are to be avoided.
f. All street signs on new roads (public and private) and parks shall be erected prior to
works being accepted on maintenance.
Boundary Encroachments
47. Certification must be submitted to Council from a Licensed Surveyor which certifies that:
a. the setback/s to any new boundaries for any existing buildings remaining on the site
comply with the relevant provisions of the planning scheme and the Building Act 1975,
unless varied by this Decision Notice
b. all constructed access and roadworks (including associated fill batters and retaining
walls) are fully contained within a dedicated reserve or registered easement
c. all utility services and connections (eg. electricity, telecommunications, water, sewerage)
are wholly located within the lot they serve or alternatively included within an easement
d. all existing effluent disposal areas are wholly located within the lot they serve and comply
with the boundary setback requirements of the Plumbing and Drainage Act 2002 and
associated codes and requirements
e. all dams (including ponded water, dam walls and associated spillway structures) are
wholly located within the boundaries of a single lot
f. all retaining walls and structures are fully contained within the lot they retain any fill,
including fill batters, are wholly contained within the subject site and not on adjacent
properties
External Works
48. The table drains in the verge areas in the frontage of the subject site to Glenridge Drive must
be reconstructed to be free draining. The works must be undertaken in accordance with an
Operational Works approval and must include in particular:
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ORDINARY MEETING AGENDA 21 APRIL 2022
a. The frontage of proposed Lot 8 must be completed prior to the sealing of the survey plan
for Stage 1
b. The remainder of the frontage, including the proposed intersection, must be completed
prior to the sealing of the survey plan for Stage 2. The intersection must be constructed
generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
engineers.
Condition 48 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
49. A new intersection must be constructed joining Glenridge Drive with the new road. The works
must be undertaken in accordance with an Operational Works approval and be completed prior
to the sealing of the survey plan for Stage 2. The intersection must be constructed generally
in accordance with drawing No. 21598-P002, Revision B prepared by TOD engineers, the
Engineering Report Document No. 21598_RP1, Revision B prepared by TOD engineers dated
24 March 2022 and must include in particular:
a. an intersection with vehicle priority maintained on Glenridge Drive
b. provision of sight distances adequate for the design speed of the road
c. truncation of the new property boundaries
Condition 49 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
New Roads
50. The new road as shown on the Approved Plans must be constructed and dedicated as “road”.
The works must be undertaken in accordance with an Operational Works approval and be
completed prior to the sealing of the survey plan for Stage 2. The works must include in
particular:
a. a reserve width of 20 metres with widening at the cul-de-sac head and generally in
accordance with the approved plan
b. a cross section generally in accordance with drawing No. 21598-P002, Revision B
prepared by TOD engineers
c. a cul-de-sac head generally in accordance with drawing No. 21598-P002, Revision B
prepared by TOD engineers and Council’s Planning Scheme Policy 6 – Engineering
Design Standards
d. table drains and culvert drainage generally in accordance with drawing No. 21598-P002,
Revision B prepared by TOD engineers and the approved flood investigation
Condition 50 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
infrastructure.
Property Access and Driveways
51. A residential driveway must be constructed to all lots in the relevant stage. The works must be
undertaken in accordance with an Operational Works approval and:
a. be generally in accordance with drawing No. 21598-P002, Revision B prepared by TOD
engineers and
b. be generally in accordance with Council’s Standard Drawing RS-056 and any associated
addendum
c. include the access driveway servicing Lots 3 & 5.
52. The existing vehicle access to McKinnon Drive is to be wholly removed and the area
revegetated as part of these works.
53. Vehicle access to Lots 1 - 8 is limited to the constructed driveway only. A clause must be
included in the contract of sale for Lots 1 - 8 which requires vehicle access to be from the
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ORDINARY MEETING AGENDA 21 APRIL 2022
constructed driveway only, and which prohibits the driveway from being relocated without
Council agreement.
The following property notation, or similar, will be added to Council’s rates records for Lots 1 –
8:
Private Certifiers, owners and prospective purchasers are notified that special access
requirements apply to this parcel of land. Contact Council's Planning Department for Details.
54. Vehicle access to Lots 1, 2, 3 and 5 is limited to Glenridge Drive and the new road only. A
clause must be included in the contract of sale for Lots 1, 2, 3 and 5 which prohibits vehicle
access being taken from McKinnon Drive.
The following property notation, or similar, will be added to Council’s rates records for Lots 1,
2, 3 and 5:
No vehicle access is permitted to this property from the McKinnon Drive.
Stormwater Drainage
55. Stormwater runoff from the development must be disposed of on-site without causing scour or
damage to the subject site or any adjoining property.
Services
56. Underground reticulated electricity and telecommunication services must be provided to Lots
1 - 7 in accordance with the standards and requirements of the relevant service provider.
57. Unless otherwise stipulated by telecommunications legislation at the time of construction, the
development must be provided with all necessary conduits, pits and pipes to accommodate
the future connection of optic fibre technology telecommunications.
58. Certification must be submitted to Council from all relevant service providers (Energex and
NBN) which certifies that the development has met the requirements of this Decision Notice
and all applicable legislation at the time of construction.
Easements
59. Easements for drainage purposes must be registered in favour of Council against the title of
all lots. The easements must fully contain those parts of the subject site below the 1%AEP
flood level.
60. Unless otherwise agreed in writing by the relevant service provider, any public or third party
infrastructure located on the subject site must be placed within an easement registered against
the title of the property.
61. All easements must be designed in accordance with the planning scheme and granted at no
cost to the Grantee. Where the Grantee is Council or a service authority, the easement
documentation must be in accordance with the Grantee’s standard easement terms. Draft
easement documentation must be submitted to Council for endorsement.
62. All works must be kept clear of any existing or proposed easements on the subject land, unless
agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
63. All fill and associated batters must be undertaken in accordance with an Operational Works
approval, and be generally in accordance with drawing No. 21598-P003, Revision B prepared
by TOD engineering dated 21 March 2022 and the approved flood investigation or as amended
by conditions herein. The earthworks must be completed prior to the sealing of the survey plan
for Stage 2.
Damage to Services and Assets
64. Any damage caused to existing services and assets as a result of the development works must
be repaired at no cost to the asset owner at the following times:
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ORDINARY MEETING AGENDA 21 APRIL 2022
a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets
must first be referred to the relevant service authority for approval.
B. Include the following property notes against the subject property in Council’s property record
system:
RAL21/0033 - Property Access Driveway
1. The following notation applies to the approved lots:
Private Certifiers, owners and prospective purchasers are notified that special access
requirements apply to this parcel of land. Contact Council's Planning Department for Details.
RAL21/0033- Property Access
2. The following notation applies to approved lots 1, 2, 3 and 5:
No vehicle access is permitted to this property from the McKinnon Drive.
RAL21/0033- Property Access
3. The following notation applies to the approved lots:
The access road to this property may be cut during flood periods. No alternative access is
available.
RAL21/0033 – Vegetation Protection Covenant
4. The following notation applies to the approved lots:
A Vegetation Protection Covenant applies to this lot. No clearing of vegetation is to occur within
the covenanted area, except where in accordance with the terms of the covenant.
RAL21/0033 – Ecological Preservation
5. The following notation applies to the approved lots:
To ensure the protection of vegetation on this lot, any dwelling on this lot is required by Council
Approval RAL21/0033 to be constructed within the building envelope nominated on the
approved Lot Reconfiguration proposal plan (see Council file reference RAL21/0033).
A “no clearing zone” applies to this property for the purpose of vegetation protection. The
landowner must maintain the property in accordance with the ecological preservation
conditions of Council Approval RAL21/0033.
RAL21/0033 – Bushfire Management
6. The following notation applies to the approved lots:
To ensure the safety of people and property on this property is maintained, all buildings and
structures must be sited and constructed in accordance with the bushfire management
conditions of Council Approval RAL21/0033 and associated Operational Work approvals.
RAL21/0033 – Control of Domestic Cats
7. The following notation applies to the approved lots
Domestic cats are permitted on this lot provided that they are permanently confined within
buildings or cat enclosures. This requirement is designed to protect lower canopy and ground
nesting and feeding birds which occur proximate to the lot.
C. Request that the Chief Executive Officer investigate the impacts of flooding on development in
the Cooroibah area as part of the preparation of Local Disaster Management Plan for the
Cooroibah Area and as part of future planning scheme amendments.
Page 27 of 33
Section 28
ORDINARY MEETING AGENDA 21 APRIL 2022
9 PEREGIAN BEACH SURF LIFESAVING CLUB – NEW LEASE REQUEST
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 12 April 2022 and
A. Authorise the CEO to enter into negotiations for a 10-year lease to Peregian Beach SLSC
Inc. over Lot 165 MCH5180 (the whole building and surrounds) for Surf Lifesaving
Purposes at Peregian Beach as generally outlined in the report subject to the Lessee:
1. Publishing annual reporting of progress toward establishment of the new Peregian
Beach SLSC for the first three years of operations;
2. Setting aside a suitable area for Surf Lifesaving Queensland to oversee Noosa
Shire contract lifeguard operations as per the Surf Lifesaving Queensland
Sunshine Coast Branch proposal;
3. Agreeing that opportunities for ratepayer financial support will be by application
through Council’s community grants program and no commitment is provided by
Council for direct ratepayer financial support
4. Agreeing that building maintenance will be at Council’s discretion subject to its
independent assessment and asset maintenance planning;
B. Note Peregian Beach Surf Lifesaving Club Inc’s. request to operate the Peregian Beach
Markets from May 2022 and authorise the CEO to issue the appropriate permit once
Council has received a properly made application and undertaken its normal assessment
process;
C. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $71,000
per annum plus CPI (for a total of three years) to fund SLSQ contract lifeguard services
on Saturdays and public holidays in the surf lifesaving patrol season (September to May)
for the purposes of providing lifesaving service continuity at Peregian Beach;
D. Agree to consider as part of the 2022-2023 budget deliberations the allocation of $90,000
to re-paint the clubhouse building; and
E. Apply the exception to the requirement for tendering of the lease under Section 236 (1)
(b) (ii) of the Local Government Regulation 2012 as the lease is to a community
organisation.
10 FINANCIAL PERFORMANCE REPORT – MARCH 2022
That Council note the report by the Financial Services Manager (Acting) to the General
Committee Meeting dated 19 April 2022 outlining March 2022 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
Committee Recommendation
That the report of the General Committee dated 19 April 2022 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
Page 28 of 33
Section 29
ORDINARY MEETING AGENDA 21 APRIL 2022
9. ORDINARY MEETING REPORTS
1 OPW21/0133 - FURTHER REPORT FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS) AT 1O-12 RAVENWOOD DRIVE NOOSA HEADS
Author Coordinator Engineering, Mark Lewis
Environment & Sustainable Development Department
Index ECM/ Application/ OPW21/0133
Attachments Nil
EXECUTIVE SUMMARY
The applicant seeks retrospective approval for a jetty constructed (contrary to the approval issued
in 1994) at 10-12 Ravenwood Drive and the addition of a Jet Ski dry storage pontoon.
The subject application follows on from compliance action (refer to COM20/0734) noting the
following: “It has been brought to Council’s attention that a retaining wall and boat/jet ski lifting
devices have been erected on State land without the appropriate approvals. It should also be noted
that the Jetty is not complying with the approval as the walkway appears to be approximately 9
metres long contrary to the approved plans which indicates 6 metres.”
This request raises concerns regarding adverse amenity impacts and potential conflicts with users
of the neighbouring jetty and is not supported by the relevant provisions of the Noosa Plan 2020.
Therefore, the application is recommended for refusal.
The application was presented to the Planning and Committee Meeting on 12 April 2022 and to the
General Committee Meeting on 19 April 2022 wherein council requested a further report with an
alternative motion for approval for consideration.
The application is recommended for refusal.
RECOMMENDATION
That Council note the report by the Development Engineer to the Planning & Environment Committee
Meeting dated 21 April 2022 regarding OPW21/0133 application for Operational Works (Prescribed
Tidal Works) at 10-12 Ravenwood Drive, Noosa Heads and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to PO1, PO9, PO13, and PO19 of the Waterways Works Code
as it:
1.1 will lead to cluttering and adverse amenity impacts on the character and amenity
of the waterway and adjoining lots;
1.2 includes works outside the prolongation of boundaries of the lot;
1.3 will result in berthed vessels encroaching over the prolongation of boundaries of
the lot;
1.4 when all vessels are moored, prevents the jet skis from leaving its dry storage
pontoon;
1.5 will result in adverse amenity impacts and potential conflicts with users of the
neighbouring jetty and put at risk users’ safety.
B. Advise the applicant that the jetty must be modified to comply with the approved plans of
development.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 29 of 33
Section 30
ORDINARY MEETING AGENDA 21 APRIL 2022
REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 12 April 2022 and referred to the General Committee Meeting on 19 April 2022. During the course
of discussions at the General Committee Meeting, Councillors considered that there may be grounds
to support the proposal with reasonable and relevant conditions to allow the constructed jetty to
remain. Councillors in discussion indicated that the issues of whether Council had previously
accepted the constructed jetty and whether the adjoining owner was in support of retaining the jetty
were critical in the decision.
A subsequent search of Council’s archived hardcopy records found that an unknown Health Officer
undertook a final inspection of the jetty on 11 October 1995 and noted it as “OK”. Notwithstanding
this, conditions of approval required amongst other matters:
5. The jetty is to comply with the requirements of Council’s By-laws and Jetty, Wharves,
Pontoons and Boat Ramps Policy
7. Approved plans comprise 94/179-1, 94/179-2 dated September 1994, copies of which are
attached.
At the time Qld Department of Environment and Heritage also imposed a number of conditions on
the jetty pursuant to section 86 of the Harbours Act 1955 including:
3. Any vessel berthed or moored at the jetty shall not cause a navigation hazard to vessel access
to neighbouring properties.
The inspection of the jetty in 1995 does not appear to have properly considered the above conditions.
In response to Council’s enquiry the adjoining owner (No 8 Ravenwood Dr) provided the following
email at 5:42pm on 19 April 2022:
My husband and I would like to advise the committee that we definitely wish to have the jet ski
construction including the concrete retaining wall removed.
In regards to the jetty which has been constructed and installed we are happy if feasible for there to
be a new jetty constructed or the existing jetty amended to fit in with the advice that it be reduced in
length by approximately 3 metres or to meet the compliance guidelines as per the council. We have
no objection to them having a jetty however it would currently appear to be much longer than it should
be.
Staff have considered the issues raised by Councillors but confirm the previous recommendation.
Should Council wish to approve the application, the requested motion has been drafted for that
purpose
REQUESTED MOTION
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
21-5381AA Plan Showing Location of Joint Jetty at Lots 12 April 2021
158 & 159 on N21859 prepared by Max
Watterson & Associates
01 A Site Plan – Jetty As Constructed prepared 9 November 2021
by Suncoast Studio
02 A Plan View and Elevations – Jetty As 9 November 2021
Constructed prepared by Suncoast Studio
Currency Period
Page 30 of 33
Section 31
ORDINARY MEETING AGENDA 21 APRIL 2022
2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 21 April 2024, unless an application to extend the currency period is approved
by Council.
General Conditions
3. All structures must be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall
4. All structures must have no detrimental effects on stormwater drains and/or easements.
5. A rigid handrail must be fitted on one side of the walkway.
6. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the handrail.
7. No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
8. There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall unless all switches and power outlets are positioned above the 1%AEP
flood level.
9. Lighting associated with the use must be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
11. Boat repair activities are not permitted on site.
12 Wastewater and sullage must only be disposed of at approved pumpout facilities.
13. The mooring facility must not be utilised for live-aboard purposes.
14. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
(1994) and the Environmental Protection (Water) Policy 2009.
15. Certification by a Registered Professional Engineer of Queensland that states that the jetty is
structurally sound must be submitted to Council. This certification must be submitted to Council
within three (3) months of the date of this decision. A final inspection by Council’s Inspector is
also required. Please contact Council’s Development Assessment Branch on 5329 6500 to
arrange the inspection.
16. This approval lapses where the construction of the jetty has not commenced within two (2)
years of the date of issue of the approval, unless application is made and approved by Council
for an extension.
17. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
Consultation
External Consultation
Not applicable
Internal Consultation
Not applicable
Page 31 of 33
Section 32
ORDINARY MEETING AGENDA 21 APRIL 2022
Departments/Sections Consulted:
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 x Environment & Sustainable Development Infrastructure Services
Director Director Director
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 32 of 33
Section 33
ORDINARY MEETING AGENDA 21 APRIL 2022
10. CLOSED SESSION
11. PUBLIC QUESTION TIME
12. NEXT MEETING
The next Ordinary Meeting will be held on 19 May 2022 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13. MEETING CLOSURE
Page 33 of 33