Skip to the record
NoosaWatch™: The source of truth.

Original source · versioned page text

2021-08-19 Ordinary Meeting Agenda

of 27

Page text shows just the words. Original shows the document exactly as it was published.

Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.

                       AGENDA


            Ordinary Meeting


            Thursday, 19 August 2021

                    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”
Log in to download the original file

2021-08-19 Ordinary Meeting Agenda(PDF, 648KB).pdf · 664 KB (small file)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 26 sections

Section 2

ORDINARY MEETING AGENDA                                       19 AUGUST 2021


TABLE OF CONTENTS

ITEM                                                                   PAGE

1      ATTENDANCE & APOLOGIES                                              3

2      CONFIRMATION OF MINUTES                                             3

3      MAYORAL MINUTES                                                     3

4      PETITIONS                                                           3

5      NOTIFIED MOTIONS                                                    3

6      PRESENTATIONS                                                       3

7      DEPUTATIONS                                                         3

8      CONSIDERATION OF COMMITTEE REPORTS                                  4

     1    PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 10 AUGUST
          2021                                                             4

     2    SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 10 AUGUST
          2021                                                             9

     3    GENERAL COMMITTEE MEETING REPORT – 16 AUGUST 2021               11

9      ORDINARY MEETING REPORTS                                           17

     1    FURTHER REPORT – MCU21/0054 DEVELOPMENT APPLICATION FOR A
          MATERIAL CHANGE OF USE - SHORT TERM ACCOMMODATION AT 30
          KINGFISHER DRIVE, PEREGIAN BEACH                                17

     2    FURTHER REPORT – MCU21/0079 DEVELOPMENT APPLICATION FOR A
          MATERIAL CHANGE OF USE - SHORT TERM ACCOMMODATION AT 4 TEAL
          STREET, PEREGIAN BEACH                                          22

10     CLOSED SESSION                                               27

11     PUBLIC QUESTION TIME                                               27

12     NEXT MEETING                                                       27

13     MEETING CLOSURE                                                    27




                                                                 Page 2 of 27

Section 3

ORDINARY MEETING AGENDA                                                     19 AUGUST 2021



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 15 July 2021 be received and confirmed.




3   MAYORAL MINUTES




4   PETITIONS




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                                                                                 Page 3 of 27

Section 4

ORDINARY MEETING AGENDA                                                         19 AUGUST 2021


8    CONSIDERATION OF COMMITTEE REPORTS


1    PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 10 AUGUST 2021


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)


EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development



COMMITTEE RECOMMENDATIONS TO COUNCIL

1    MCU17/0530 - REQUEST REIMBURSEMENT OF 50% OF THE COST                                     OF
     DECOMISSIONING TANKS IN ROAD RESERVE AT 34 MAPLE STREET, COOROY
     That Council note the report by the Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 August 2021 and agree to reimburse 50% of the
     cost of decommissioning the underground tanks in the road reserve at 34 Maple Street, Cooroy
     to Madill Motors Pty Ltd being $5,075.12.


2    MCU17/0025.01 AND OPW17/0095.01 - APPLICATION FOR EXTENSION TO CURRENCY
     PERIOD FOR A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
     PREMISES - INDUSTRIAL BUSINESS TYPE 1 - WAREHOUSE AND OPERATIONAL
     WORKS APPROVAL (ADVERTISING DEVICES) AT 62 – 66 RENE STREET, NOOSAVILLE
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 10 August 2021 regarding Application No. MCU17/0025.01 for an
     extension to the currency period for a Development Permit for Material Change of Use for
     Industrial Business Type 1 Warehouse and OPW17/0095 for Operational Works (Advertising
     Devices) situated at 62 and 64-66 Rene Street, Noosaville and:
     A.    Approve the extension to the currency period to 21 December 2022.
     B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                     Page 4 of 27

Section 5

ORDINARY MEETING AGENDA                                                          19 AUGUST 2021


3   MCU21/0071 – APPLICATION FOR A MATERIAL CHANGE OF USE – FOOD AND DRINK
    OUTLET AND SHOP AT 1/10 THOMAS STREET, NOOSAVILLE
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0071 for a
    Development Permit for a Material Change of Use - Food and drink outlet and Shop situated
    at Noosaville Plaza 10 and 1/10 Thomas St, Noosaville 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
                3-10THOM-L1     C      Site Proposal Plan, prepared by Neil Blamey   26 May 2021
                3-10THOM-L2     A      Landscape Plan, prepared by Neil Blamey       26 May 2021

               Nature and Extent of Approved Use
         3.    The approved use must not operate outside the hours of:
               a.   6am to 10pm Monday to Thursday
               b.   6am to 12am Friday and Saturday
               c.   9am to 10pm Sunday or any public holiday
         4.    The requirements of this condition must be included in the Community
               Management Statement for any body corporate for the subject site.
         5.    Service vehicle movements associated with the approved use (including loading
               and unloading) must not occur outside the hours of 7am to 6pm Monday to
               Saturday and not at all on Sundays or public holidays. The requirements of this
               condition must be included in the Community Management Statement for any body
               corporate for the subject site.
         6.    The outdoor dining area must not exceed 24m2 as shown on the approved plans.
               Building Appearance
         7.    All mechanical equipment and other service infrastructure located on the site must
               be:
               a.   located not less than 2 metres from a property boundary
               b.   fully enclosed or screened such that they are not visible from the street
                    frontages nor adjoining properties. Where screened by landscaping,
                    landscaping beds must be at least 1.5 metres wide.
               No part of the site may be used for outdoor storage of materials unless specified
               on the Approved Plans or the conditions of this Decision Notice.



                                                                                     Page 5 of 27

Section 6

ORDINARY MEETING AGENDA                                                       19 AUGUST 2021


               Currency Period
         8.    This development approval lapses if the use has not happened by 20 August
               2027, unless an application to extend the currency period is approved by Council.
               Performance Bond
         9.    Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
               must be submitted to Council, to secure performance of all conditions of this
               approval, prior to the commencement of the use. The cash bond or trading bank
               guarantee will be returned on performance of the conditions of approval less any
               costs incurred by Council in respect of enforcing performance of this permit.
               Council reserves the right to call upon the bond or guaranteed sum to effect
               compliance with conditions.
               Water & Sewer Connections
         10.   An underground connection to reticulated water and sewerage must be provided
               to the development site in accordance with the standards and requirements of
               Northern SEQ Distributor–Retailer Authority (Unitywater).
               Landscaping Works
         11.   The development site must be landscaped. The works must be undertaken in
               accordance with the Noosa Plan for that specific area and must include in
               particular:
               a.   the works shown on the Approved Plans including species and spacing as
                    detailed on the Landscape Plan.
         12.   All landscape works must be established and maintained in accordance with the
               approved design for the life of the development, and in a manner that ensures
               healthy, sustained and vigorous plant growth. All plant material must be allowed
               to grow to full form and be refurbished when its life expectancy is reached.
         13.   All landscape works must be maintained generally in accordance with the
               approved design for the life of the development.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    C.   Agree to enter into an Infrastructure Agreement with the applicant that provides for
         contributions in lieu of one (1) on-site car parking space.



4   MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
    SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE, PEREGIAN BEACH                           OCUM ENT




    That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
    due to the significance of the issue.


5   MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
    SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN BEACH                      OCUM ENT




    That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
    due to the significance of the issue.




                                                                                     Page 6 of 27

Section 7

ORDINARY MEETING AGENDA                                                                    19 AUGUST 2021


6    UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
     That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
     Environment Committee Meeting dated 10 August 2021 and adopt the “Noosa Shire Council
     Charges Resolution (No.6) 2021” provided as Attachment 1 to the report, to replace the “Noosa
     Shire Council Charges Resolution (No.5.1) 2020” and take effect on 20 August 2021.


7    CLIMATE CHANGE               RESPONSE          PLAN       AND      COMMUNITY           CONSULTATION
     SUBMISSIONS
     That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
     due to the significance of the issue.


8    NOOSA TRAIL MASTERPLAN UPDATE
     That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
     due to the significance of the issue.


9    FRYING PAN PUBLIC FORESHORE INFRASTRUCTURE
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter as a personal
     friend of mine, Yeska Mass, owns property near the Frying Pan and regularly ties her boat up to one of
     the jetty structures mentioned in the report. As a result of my conflict of interest I will now leave the
     meeting room while the matter is considered and voted on.
     That Planning & Environment Committee Agenda Item 9 be referred to the General Committee
     for further consideration.


10   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JUNE 2021
     That Council note the report by the Development Assessment Manager to the Planning &
     Environment Committee Meeting dated 10 August 2021 regarding planning applications that
     have been decided by delegated authority.


11   NOOSA RVER STAKEHOLDER ADVISORY COMMITTEE UPDATE
     That Council note the report by the Principal Environment Officer to the Planning &
     Environment Committee Meeting dated 10 August 2021 providing an update on outcomes of
     the recently formed Noosa River Stakeholder Advisory Committee.


12   ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE – 4TH
     QUARTER 2020-21
     That Council note the report by the Acting Director Environment and Sustainable Development
     to the Planning and Environment Committee Meeting dated 10 August 2021 providing an
     update on operations of the Environment and Sustainable Development Department for the
     period 1 April to 30 June 2021.




                                                                                                 Page 7 of 27

Section 8

ORDINARY MEETING AGENDA                                                    19 AUGUST 2021


Committee Recommendation

That the report of the Planning & Environment Committee dated 10 August 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                               Page 8 of 27

Section 9

ORDINARY MEETING AGENDA                                                         19 AUGUST 2021


2    SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 10 AUGUST 2021

ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie

Cr Tom Wegener (non-Committee Councillor - for reports 1 - 4)
Cr Karen Finzel (non-Committee Councillor - for reports 1 - 8)


EXECUTIVE
B de Chastel, Chief Executive Officer
M Shave, Director Corporate Services (for reports 1 - 4)
L Sengstock, Director Infrastructure Services
K Contini, Director Community Services (for report 7)
D Iezzi, Director Executive Services (for report 8)



COMMITTEE RECOMMENDATIONS TO COUNCIL

1    NOOSA NORTH SHORE FERRY UPDATE AND PROPOSED LEASE EXTENSION
     That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
     due to the significance of the issue.


2    2021-22 FEES AND CHARGES AMENDMENTS
     That Council note the report by the Manager Financial Services to the Services & Organisation
     Committee Meeting dated 10 August 2021 and pursuant to sections 97, 98 and 262(3)(c) of
     the Local Government Act 2009, amend the proposed fees and charges provided in
     Attachment 1 to the report for subsequent revision in the published 2021-22 schedule of fees
     and charges.


3    NOOSA HOLIDAY PARKS UPDATE REPORT TO 30 JUNE 2021
     That Council note the report by the Property Advisor – Commercial Property to the Services &
     Organisation Committee Meeting dated 10 August 2021 providing an update on operations of
     the Noosa Holiday Park Business Activity for the financial year ending 30 June 2021.


4    CORPORATE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
     That Council note the report by the Director Corporate Services to the Services & Organisation
     Committee Meeting dated 10 August 2021 providing a Corporate Services Department update
     for the period 1 April to 30 June 2021.




                                                                                     Page 9 of 27

Section 10

ORDINARY MEETING AGENDA                                                         19 AUGUST 2021


5    CAPITAL PROGRAM DELIVERY STATUS – 30 JUNE 2021
     That Council note the report by the Acting Asset Planning Manager to the Services &
     Organisation Committee Meeting dated 10 August 2020 providing an update on the delivery
     of the 2020/21 capital program.


6    INFRASTRUCTURE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
     That Council note the report by the Director Infrastructure Services to the Services &
     Organisation Committee Meeting dated 10 August 2021 providing an update on operations of
     the Infrastructure Services Department for the period 1 April to 30 June 2021.


7    COMMUNITY SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee meeting dated 10 August 2021 providing an update on the operations
     of the Community Services Department for the period 1 April to 30 June 2021.


8    EXECUTIVE SERVICES DEPARTMENT UPDATE – 4TH QUARTER 2020-21
     That Council note the report by the Director Executive Services to the Services & Organisation
     Committee Meeting dated 10 August 2021 providing an update on the operations of the
     Executive Services Department for the period 1 April to 30 June 2021.




Committee Recommendation

That the report of the Services & Organisation Committee dated 10 August 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                    Page 10 of 27

Section 11

ORDINARY MEETING AGENDA                                                                     19 AUGUST 2021


3    GENERAL COMMITTEE MEETING REPORT – 16 AUGUST 2021

ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener


EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development (for reports 1 – 5, 7, 11)
M Shave, Director Corporate Services (for reports 6, 9, 10)



COMMITTEE RECOMMENDATIONS TO COUNCIL

1    MCU21/0054 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
     SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE, PEREGIAN BEACH                                      OCUM ENT




     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 as on 9 January
     2020, one of the 21 objectors to this application, Susan Francis, donated $750 to my 2020 election
     campaign. Although I have a declarable conflict of interest, I do not believe a reasonable person could
     have a perception of bias because Ms Francis is only one of 21 objectors whose views on this application
     align with the staff recommendation. 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.
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as on 7
     January 2020, one of the 21 objectors to this application, Susan Francis, donated $500 to my 2020
     election campaign. Although I have a declarable conflict of interest, I do not believe a reasonable person
     could have a perception of bias because Ms Francis is only one of 21 objectors whose views on this
     application align with the staff recommendation. 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 Development Planner to the Planning & Environment
     Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0054 for a
     Development Permit for Material Change of Use at 30 Kingfisher Drive, Peregian Beach and
     request staff to provide a further report to the Ordinary Meeting dated 19 August 2021 providing
     appropriate conditions for approval of the application.
     A.    Refuse the application for the reasons provided in the Planning & Environment
           Committee Agenda dated 10 August 2021.
     B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



                                                                                                 Page 11 of 27

Section 12

ORDINARY MEETING AGENDA                                                          19 AUGUST 2021


2   MCU21/0079 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
    SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN BEACH                         OCUM ENT




    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 10 August 2021 regarding Application No. MCU21/0079 for a
    Development Permit for Material Change of Use at 4 Teal Street, Peregian Beach, and request
    staff to provide a further report to the Ordinary Meeting dated 19 August 2021 providing
    appropriate conditions for approval of the application.
    A.    Refuse the application for the reasons provided in the Planning & Environment
          Committee Agenda dated 10 August 2021.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



3   CLIMATE CHANGE            RESPONSE        PLAN     AND      COMMUNITY        CONSULTATION
    SUBMISSIONS
    That Council note the report by the Principal Strategic Planner and Carbon Reduction Officer
    to the Planning & Environment Committee Meeting dated 10 August 2021 and:
    A.    Note the report on submissions received during the community consultation on the draft
          Climate Change Response Plan;
    B.    Adopt the final Climate Change Response Plan, provided at Attachment 1 to the report;
    C.    Request the CEO to establish a community reference group within 3 months of adoption
          to assist with the implementation of the plan and in particular request that group include
          representatives from the Kabi Kabi First Nations People;
    D.    Request the CEO to investigate options for the formation of a Youth Reference Group or
          the like, to participate in Council’s climate change response and contribute to practical
          solutions to include indigenous youth;
    DE. Request the CEO to develop a detailed implementation action plan in consultation with
        the community reference group to inform Council’s future budget processes;
    EF.   Note that Council has been awarded $310,000 in state government grant funding for two
          climate change resilience pilot projects to work in collaboration with other southeast
          Queensland councils to increase local government capability to mitigate and adapt to
          climate risk.



4   NOOSA TRAIL MASTERPLAN UPDATE
    That Council note the report by the Principal Environment Officer to the Planning &
    Environment Committee Meeting dated 10 August 2021 and resolve to:
    A.    Rename the Noosa Trail Network to the Noosa Biosphere® Trail, consisting of the
          Hinterland Trail and the Coastal Trail;
    B.    Adopt the Noosa Biosphere® Trail Concept map as a basis for the development of a
          Shire-wide Trail Implementation Plan with an amendment to the Map legend to provide
          greater clarity regarding the type of users that use the trail; and
    C.    Note the progress of the Trail 5 Pomona to Cooran Upgrade Works.




                                                                                     Page 12 of 27

Section 13

ORDINARY MEETING AGENDA                                                                   19 AUGUST 2021


5   FRYING PAN PUBLIC FORESHORE INFRASTRUCTURE
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter as a personal
    friend of mine, Yeska Mass, owns property near the Frying Pan and regularly ties her boat up to one of
    the jetty structures mentioned in the report. As a result of my conflict of interest I will now leave the
    meeting room while the matter is considered and voted on.
    That Council note the report by the Principal Environment Officer to the Planning &
    Environment Committee Meeting dated 10 August 2021 regarding the Frying Plan foreshore
    issues on the Noosa North Shore and:
    A.    Acknowledge the circumstances concerning the inappropriate use of the public foreshore
          at the Noosa North Shore Esplanade for vessel storage and unlawful structures;
    B.    Write to adjacent residents advising them of the circumstances and that Council is in
          early stages of planning a clean-up program of the public foreshore; and
    C.    Request the CEO to prepare a project plan inclusive of consultation, a compliance
          program, clean up and rehabilitation program and related budget implications for further
          consideration of Council.



6   NOOSA NORTH SHORE FERRY UPDATE AND PROPOSED LEASE EXTENSION
    That Council note the report by the Manager Property to the Services & Organisation
    Committee Meeting dated 10 August 2021 regarding the Noosa North Shore Ferry lease and:
    A.    Agree to award the remaining 2-year lease extension to Noosa North Shore Ferries Pty
          Ltd; and
    B.    Agree to consider a further report at Council’s February 2022 round of Council meetings
          regarding proposed ferry service operating models, contractual arrangements and
          tender process for the purpose of proceeding to procure a new ferry service operation
          commencing 1 July 2024.



7   MCU20/0072 – APPLICATION FOR MATERIAL CHANGE OF USE – EDUCATIONAL
    ESTABLISHMENT - AT 115 EUMUNDI-NOOSA ROAD, NOOSAVILLE
    That Council note the report by the Coordinator Planning to the General Committee Meeting
    dated 16 August 2021 regarding MCU20/0072 for a Development Permit for Material Change
    of Use – Educational Establishment, situated at 115 Eumundi-Noosa Road, Noosaville and:
    A.    Approve the application subject to 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.


                                                                                               Page 13 of 27

Section 14

ORDINARY MEETING AGENDA                                                            19 AUGUST 2021


               Plan No.   Rev.   Plan/Document Name                               Date
               SK-01      P1     Location Plan prepared by Burling Brown          01.07.2020
                                 Architects
               SK-02      P3     Proposed Site Plan prepared by Burling           20.07.2020
                                 Brown Architects
               A-000      I      Schedules – Building Shell (MQB) prepared        15.07.2020
                                 by Ausco Modular
               A-001      I      Site Plan (MQB) prepared by Ausco Modular        15.07.2020
               A-100      I      Site Plan (MQB) prepared by Ausco Modular        15.07.2020
               A-101      I      Roof Plan (MQB) prepared by Ausco                15.07.2020
                                 Modular
               A-200      I      Elevations (MQB) prepared by Ausco               15.07.2020
                                 Modular
                                 Concept plan detailing upgrade of the existing
                                 drop-off/pick-up / carpark configuration
                                 Plan detailing options for internal vehicular
                                 link

              Amenity
        3.    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.
        4.    Any advertising sign or device is to comply with the provisions of Council's policies
              on advertising.
              Nature and Extent of Approved Use
        5.    The approved demountable buildings must only be used to service current
              enrolments and must not be used to facilitate an increase in enrolments.
        6.    The number of students must not exceed 1105.
        7.    A minimum of 328 car parking spaces must be provided on site.
              Currency Period
        8.    This development approval lapses if the use has not happened by 20 August
              2027, unless an application to extend the currency period is approved by Council.
              Land Amalgamation
        9.    Lot 1 on SP228052 and Lot 30 on SP170751 must be amalgamated.
              Traffic
        10.   The drop off/pick up/ carpark configuration, accessed from the Goodchap
              Street/Eumundi Noosa Road roundabout entry, as detailed in the approved plans
              must be upgraded in accordance with an Operational Works approval.
        11.   An internal one-way vehicular link from the new staff car park to the Goodchap
              Street/Eumundi Noosa Road roundabout exit as detailed in the approved plans
              must be provided in accordance with an Operational Works approval.
        12.   The applicant will comply with the requirements of any deed of agreement entered
              into with Council with respect to:



                                                                                         Page 14 of 27

Section 15

ORDINARY MEETING AGENDA                                                         19 AUGUST 2021


                a.    The upgrade of the drop off/pick up/ carpark configuration accessed from the
                      Goodchap Street/Eumundi Noosa Road roundabout entry; and
                b.    The provision of an internal one-way vehicular link from the new staff car
                      park to the Goodchap Street/Eumundi Noosa Road roundabout exit.
          ENGINEERING
                Stormwater Drainage
          13.   The site must be provided with a stormwater drainage system connecting to the
                existing school drainage system and the lawful point of discharge.
          14.   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:
                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.   Enter into a Deed of Agreement with the applicant that provides for the carrying out of
          upgrade works to the drop off/pick up/ carpark configuration accessed from the
          Goodchap Street/Eumundi Noosa Road roundabout entry and an internal vehicular link.
     C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


8    OPERATIONAL PLAN PROGRESS REPORT – 4TH QUARTER 2020-21
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 16 August 2021 regarding the 2020-21 and 2021-22 Operational Plans and:
     A.   Note the progress with the implementation of the 2020-21 Operational Plan to 30 June
          2021 provided as Attachment 1 to the report;
     B.   Note Council’s Key Performance Indicators provided as Attachment 2 to the report; and
     C.   Adopt the amended Operational Plan 2021/22 provided as Attachment 3 to the report.


9    BUDGET REVIEW 1 (BR1) FOR THE 2021/22 FINANCIAL YEAR
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 16 August 2021 and approve the proposed changes to the budget for the
     2021/22 financial year as outlined in the Revised Budget Financial Statements attached to the
     report.


10   FINANCIAL PERFORMANCE REPORT – JULY 2021
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 16 August 2021 outlining July 2021 year to date financial performance against
     budget, including performance against key financial sustainability indicators.




                                                                                    Page 15 of 27

Section 16

ORDINARY MEETING AGENDA                                                                   19 AUGUST 2021


11   UPDATE ON COASTAL HAZARDS ADAPTATION PLAN (CHAP)
     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 as my
     brother, Gabriel Cerasani, owns a property at Beaches Estate, Sunrise Beach which is one of the
     properties identified as `at risk' under the draft CHAP. Although I have a declarable conflict of interest
     and I believe I could consider the matter impartially and in the public interest, I believe that some
     members of the public may still have a perception of bias and it is for that reason that I will now leave
     the meeting room while the matter is considered and voted on.
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
     2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection
     Association donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that
     ran as a group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable
     conflict of interest, I do not believe a reasonable person could have a perception of bias because I
     believe that I do not have a close personal relationship with Mr Butt and I believe I can consider this
     matter impartially and in the public interest. 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 Chief Executive Officer to the General Committee Meeting
     dated 16 August 2021 and note progress on the Coastal Hazards Adaptation Plan (CHAP)
     community engagement process.



12   YEAR IN REVIEW – 2020-21
     That Council note the report by the Chief Executive Officer to the General Committee Meeting
     dated 16 August 2021 providing a review of Council’s progress in the 2020/21 financial year
     towards achieving the five key focus areas set out in Council’s Corporate Plan and thank
     Council staff for their efforts in the last twelve months to progress so many significant projects
     and providing outstanding service to our community.




Committee Recommendation

That the report of the General Committee dated 16 August 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.




                                                                                               Page 16 of 27

Section 17

ORDINARY MEETING AGENDA                                                             19 AUGUST 2021


9    ORDINARY MEETING REPORTS

1    FURTHER REPORT – MCU21/0054 DEVELOPMENT APPLICATION FOR A MATERIAL
     CHANGE OF USE - SHORT TERM ACCOMMODATION AT 30 KINGFISHER DRIVE,
     PEREGIAN BEACH
Author            Coordinator Planning, Patrick Murphy
                  Environment & Sustainable Development Department

Index             ECM/ Application/ MCU21/0054

Attachments       Nil

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 10 August 2021 and the Further Report to the Ordinary Meeting dated 19 August
2021 regarding Application No. MCU21/0054 for a Development Application for a Material Change
of Use for Short Term Accommodation situated at 30 Kingfisher Drive, Peregian Beach, 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 dwelling units available for permanent housing in the area, impacting
           permanent resident amenity.
     2.    The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o), and z(ii)
           and Performance Outcomes PO1, PO2, PO13 and PO15 of the Coastal Communities
           Local Plan Code as:
           i.     The extent of visitor accommodation has eroded the available supply of permanent
                  housing in the local plan area.
           ii.    Additional visitor accommodation in the area is likely to result in detrimental
                  impacts on the residential neighbourhood and amenity of permanent residents.
           iii.   The proposal is not for multi-unit accommodation as intended for sites in close
                  proximity to the Peregian Beach Local Centre.
     3.    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:
           i.     The proposal will contribute to the proliferation of visitor accommodation in the area
                  and will further impact on the medium density residential neighbourhood being
                  maintained as predominantly home to permanent residents.
           ii.    The proposal seeks to establish a new short-term visitor accommodation facility
                  within a detached house, and is not located within a well-established resort or
                  holiday units.
     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:
           i.     The proposed visitor accommodation is likely to detract from the amenity enjoyed
                  by residents given resident’s reasonable expectations for the area.
     5.    There is no need for additional short term accommodation in the area.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

                                                                                        Page 17 of 27

Section 18

ORDINARY MEETING AGENDA                                                          19 AUGUST 2021


REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 10 August 2021 and was subsequently referred to the General Committee Meeting on 16 August
2021. During the course of discussions at the General Committee Meeting, Councillors considered
that there may be grounds to support the proposal given the previous approvals for short term
accommodation and as short term accommodation is identified as a consistent use for the Medium
Density Residential zone.
In the circumstances, the General Committee requested a further report be presented to the Ordinary
Meeting with conditions of approval.
Staff have considered the issues raised by Councillors, but confirm the previous Officer
Recommendation. Should Council wish to approve the application, the requested motion below has
been drafted for that purpose.
REQUESTED MOTION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 10 August 2021 and the further report to the Ordinary Meeting dated 19 August 2021
regarding Application No. MCU21/0054 for a Development Application for a Material Change of Use
for Short Term Accommodation situated at 30 Kingfisher Drive, Peregian Beach, 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

                                      Ground Floor and First Floor Plan for 30
                                      Kingfisher Drive Peregian Beach

           Currency
     3.    This development approval lapses if the use has not happened by 19 August 2027,
           unless an application to extend the currency period is approved by Council.
           Nature and Extent of Approved Use
     4.    The total number of bedrooms on the site must not exceed 5.
     5.    No more than 10 guests may occupy the premises at any time.
     6.    All outdoor areas, including balconies, decks, pool and the like, must not be used after
           9pm each night.
     7.    The premises must not be used as a party house, with no events, functions or parties
           (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
           on site.




                                                                                        Page 18 of 27

Section 19

ORDINARY MEETING AGENDA                                                          19 AUGUST 2021


          Amenity
    8.    The operation of the approved use must not detrimentally affect the residential amenity
          (including but not limited to noise, overlooking, light spill or odour) enjoyed by
          surrounding residents or cause a nuisance, including a noise nuisance.
          Car Parking
    9.    Existing car parking on site, as detailed on the approved plans, must be maintained
          and kept available for users of the short term accommodation.
    10.   All car parking areas and access driveways must be maintained exclusively for vehicle
          parking and manoeuvring and kept in a tidy and safe condition at all times.
          Waste Management
    11.   Waste storage and disposal facilities must be provided in accordance with Planning
          Scheme Policy 9, Waste Management, including an external imperviously paved area
          correctly sized for all refuse and recycling containers and suitably screened from public
          places and neighbouring properties.
    12.   Waste containers must:
          a.   At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
               hygienic condition.
          b.   Be placed on the kerb side frontage of the premises, for the collection of general
               waste from the container; and
          c.   Not be placed on the kerb side frontage for longer than 24 hours before or after the
               scheduled collection day for the collection of waste in the container.
          Contact Person
    13.   Prior to the commencement of the use written confirmation must be provided to Council
          confirming:
          a.   the name and telephone number of the contact person (which may include the
               name and contact details of an individual, letting agency, property manager,
               security firm or the like) for the purposes of the operation of the short stay letting
               at the premises; and
          b.   that the contact person is available 24 hours a day, 7 days a week; and
          c.   that the contact person resides within 20 minutes travel time (by vehicle) of the
               premises; and
          d.   that the contact person is to be responsible for the supervision and management
               of the premises, including addressing complaints about the use of the premises for
               short stay letting and visitor queries.
    14.   A sign must prominently and permanently display in letters and numbers not less than
          50mm in height, a current up to date written notice detailing the contact person’s phone
          number, and a statement that the contact person is responsible for the supervision and
          maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front
          of the premises and be visible to members of the public at all times.
          Code of Conduct
    15.   A code of conduct must be developed and provided to all users and occupants of the
          short term accommodation, including any website or social media used to promote the
          use of the premises for short term accommodation.




                                                                                     Page 19 of 27

Section 20

ORDINARY MEETING AGENDA                                                            19 AUGUST 2021


    16.   The code of conduct must advise all users of the premises:
          a.   That the use of the premises must not:
               i.     detrimentally affect the residential amenity (including but not limited to noise,
                      overlooking, light spill or odour) enjoyed by residents in the vicinity of the
                      premises; or
               ii.    cause a nuisance (including a noise nuisance);
               iii.   display unacceptable behavior including:
                      a.    loud aggressive behaviour;
                      b.    yelling, screaming, arguing; or
                      c.    excessively loud cheering, clapping and singing.
               iv.    create a level of noise above the acceptable levels described by Queensland
                      Government legislation for environmental protection (noise).
          b.   That a user of the premises must not sleep or camp on the premises in a tent,
               caravan, campervan or similar facility.
          c.   That each vehicle used by a user of the premises must:
               i.     be stored in a manner that does not cause a nuisance or inconvenience to
                      adjoining premises; and
               ii.    be parked within the parking facilities at the premises where provided.
          d.   That each user of the premises must store general waste (including the separation
               of recyclable waste) produced as a result of the ordinary use or occupation of the
               premises in a waste container.
          e.   That each user of the premises must ensure that the premises, including the
               grounds of the premises, are kept in a safe and tidy condition.
          f.   That pets occupying the premises must be managed and not cause a nuisance
               (including a noise nuisance).
          g.   The nature and extent of the approved use as detailed in conditions numbers 4 to
               7 of this development approval.
    17.   The Code of Conduct must be displayed in a prominent location at the premises so that
          it can be viewed by guests.
          Complaints Management
    18.   The contact person must maintain a record of all complaints received, identifying how
          each complaint has been resolved or addressed within a reasonable time.
    19.   The contact person must respond to all complaints within 30 minutes of notification of a
          complaint.
    20.   The contact person, must keep and maintain a register of the use of the premises for
          short stay letting or home hosted accommodation, and record in the register, each of the
          following:
          a.   on each occasion on which the premises are used, or occupied, for short stay
               letting or home hosted accommodation on a commercial basis:
               i.     the number of adults who are users of the premises; and
               ii.    the number of minors, an individual who is under 18, who are users of the
                      premises.
          b.   the dates when each person’s use, or occupation, of the premises for short stay
               letting or home hosted accommodation began and ended.

                                                                                       Page 20 of 27

Section 21

ORDINARY MEETING AGENDA                                                                 19 AUGUST 2021


      21.    The contact person, must make available, for inspection by Council, within 5 business
             days of receipt of a written request given at any time, each of:
             a.     the written record of complaints referred to in condition 18; and
             b.     the register referred to in condition 20
B.    Find the following matters relevant to the assessment and sufficient reason to approve the
      application:
      1.     The proposed short term accommodation is consistent with previous approvals granted
             in the High and Medium Density Residential Zones.
      2.     The proposed short term accommodation is identified as a consistent use in the Medium
             Density Residential Zone by the Noosa Plan 2020.
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



Consultation
External Consultation - Community & Stakeholder
Not applicable
Internal Consultation
Coordinator Development Engineering

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                  x   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
                               x   Strategic Land Use Planning                Infrastructure Planning,
                                                                              Design and Delivery




                                                                                           Page 21 of 27

Section 22

ORDINARY MEETING AGENDA                                                             19 AUGUST 2021


2    FURTHER REPORT – MCU21/0079 DEVELOPMENT APPLICATION FOR A MATERIAL
     CHANGE OF USE - SHORT TERM ACCOMMODATION AT 4 TEAL STREET, PEREGIAN
     BEACH

Author            Coordinator Planning, Patrick Murphy
                  Environment & Sustainable Development Department

Index             ECM/ Application/ MCU21/0079

Attachments       Nil


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 10 August 2021 and the Further Report to the Ordinary Meeting dated 19 August
2021 regarding Application No. MCU21/0079 for a Development Application for a Material Change
of Use for Short Term Accommodation situated at 4 Teal Street, Peregian Beach, 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 dwelling units available for permanent housing in the area, impacting
           permanent resident amenity.
     2.    The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o) and
           Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities Local Plan
           Code as:
           i.     The extent of visitor accommodation has eroded the available supply of permanent
                  housing in the local plan area; and
           ii.    Additional visitor accommodation in the area is likely to result in detrimental
                  impacts on the residential neighbourhood and amenity of permanent residents.
     3.    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:
           i.     The proposal will contribute to the proliferation of visitor accommodation in the area
                  and will further impact on the medium density residential neighbourhood being
                  maintained as predominantly home to permanent residents.
           ii.    The proposal seeks to establish a new short-term visitor accommodation facility
                  within a detached house, and is not located within a well-established resort or
                  holiday units.
     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:
           i.     The proposed visitor accommodation is likely to detract from the amenity enjoyed
                  by residents given resident’s reasonable expectations for the area.
     5.    There is no need for additional short term accommodation in the area.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

                                                                                        Page 22 of 27

Section 23

ORDINARY MEETING AGENDA                                                            19 AUGUST 2021


REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 10 August 2021 and was subsequently referred to the General Committee Meeting on 16 August
2021. During the course of discussions at the General Committee Meeting, Councillors considered
that there may be grounds to support the proposal given the previous approvals for short term
accommodation and as short term accommodation is identified as a consistent use for the Medium
Density Residential zone.
In the circumstances, the General Committee requested a further report be presented to the Ordinary
Meeting with conditions of approval.
Staff have considered the issues raised by Councillors, but confirm the previous Officer
Recommendation. Should Council wish to approve the application, the requested motion below has
been drafted for that purpose.
REQUESTED MOTION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 10 August 2021 and the further report to the Ordinary Meeting dated 19 August 2021
regarding Application No. MCU21/0079 for a Development Application for a Material Change of Use
for Short Term Accommodation situated at 4 Teal Street, Peregian Beach, and:
A.   Approve the application in accordance with the following conditions:
     PLANNING
           When Conditions must be Complied With
     1.    The approved use must not commence until a building approval has been obtained for
           all works carried out to the dwelling and for any additional outbuildings.
     2.    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
     3.    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

                                      Level 1 and Level 2 Plan for 4 Teal Street
                                      Peregian Beach

           Currency
     4.    This development approval lapses if the use has not happened by 19 August 2027,
           unless an application to extend the currency period is approved by Council.
           Nature and Extent of Approved Use
     5.    The total number of bedrooms on the site must not exceed 4.
     6.    No more than 8 guests may occupy the premises at any time.
     7.    All outdoor areas, including balconies, decks, pool and the like, must not be used after
           9pm each night.




                                                                                          Page 23 of 27

Section 24

ORDINARY MEETING AGENDA                                                          19 AUGUST 2021


    8.    The premises must not be used as a party house, with no events, functions or parties
          (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted
          on site.
          Amenity
    9.    The operation of the approved use must not detrimentally affect the residential amenity
          (including but not limited to noise, overlooking, light spill or odour) enjoyed by
          surrounding residents or cause a nuisance, including a noise nuisance.
          Car Parking
    10.   Existing car parking on site, as detailed on the approved plans, must be maintained
          and kept available for users of the short term accommodation.
    11.   All car parking areas and access driveways must be maintained exclusively for vehicle
          parking and manoeuvring and kept in a tidy and safe condition at all times.
          Waste Management
    12.   Waste storage and disposal facilities must be provided in accordance with Planning
          Scheme Policy 9, Waste Management, including an external imperviously paved area
          correctly sized for all refuse and recycling containers and suitably screened from public
          places and neighbouring properties.
    13.   Waste containers must:
          a.   At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
               hygienic condition.
          b.   Be placed on the kerb side frontage of the premises, for the collection of general
               waste from the container; and
          c.   Not be placed on the kerb side frontage for longer than 24 hours before or after the
               scheduled collection day for the collection of waste in the container.
          Contact Person
    14.   Prior to the commencement of the use written confirmation must be provided to Council
          confirming:
          a.   the name and telephone number of the contact person (which may include the
               name and contact details of an individual, letting agency, property manager,
               security firm or the like) for the purposes of the operation of the short stay letting
               at the premises; and
          b.     that the contact person is available 24 hours a day, 7 days a week; and
          c.   that the contact person resides within 20 minutes travel time (by vehicle) of the
               premises; and
          d.   that the contact person is to be responsible for the supervision and management
               of the premises, including addressing complaints about the use of the premises for
               short stay letting and visitor queries.
    15.   A sign must prominently and permanently display in letters and numbers not less than
          50mm in height, a current up to date written notice detailing the contact person’s phone
          number, and a statement that the contact person is responsible for the supervision and
          maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front
          of the premises and be visible to members of the public at all times.




                                                                                     Page 24 of 27

Section 25

ORDINARY MEETING AGENDA                                                            19 AUGUST 2021


          Code of Conduct
    16.   A code of conduct must be developed and provided to all users and occupants of the
          short term accommodation, including any website or social media used to promote the
          use of the premises for short term accommodation.
    17.   The code of conduct must advise all users of the premises:
          a.   That the use of the premises must not:
               i.     detrimentally affect the residential amenity (including but not limited to noise,
                      overlooking, light spill or odour) enjoyed by residents in the vicinity of the
                      premises; or
               ii.    cause a nuisance (including a noise nuisance);
               iii.   display unacceptable behavior including:
                      a.    loud aggressive behaviour;
                      b.    yelling, screaming, arguing; or
                      c.    excessively loud cheering, clapping and singing.
               iv.    create a level of noise above the acceptable levels described by Queensland
                      Government legislation for environmental protection (noise).
          b.   That a user of the premises must not sleep or camp on the premises in a tent,
               caravan, campervan or similar facility.
          c.   That each vehicle used by a user of the premises must:
               i.     be stored in a manner that does not cause a nuisance or inconvenience to
                      adjoining premises; and
               ii.    be parked within the parking facilities at the premises where provided.
          d.   That each user of the premises must store general waste (including the separation
               of recyclable waste) produced as a result of the ordinary use or occupation of the
               premises in a waste container.
          e.   That each user of the premises must ensure that the premises, including the
               grounds of the premises, are kept in a safe and tidy condition.
          f.   That pets occupying the premises must be managed and not cause a nuisance
               (including a noise nuisance).
          g.   The nature and extent of the approved use as detailed in conditions numbers 4 to
               7 of this development approval.
    18.   The Code of Conduct must be displayed in a prominent location at the premises so that
          it can be viewed by guests.
          Complaints Management
    19.   The contact person must maintain a record of all complaints received, identifying how
          each complaint has been resolved or addressed within a reasonable time.
    20.   The contact person must respond to all complaints within 30 minutes of notification of a
          complaint.




                                                                                       Page 25 of 27

Section 26

ORDINARY MEETING AGENDA                                                                 19 AUGUST 2021


      21.    The contact person, must keep and maintain a register of the use of the premises for
             short stay letting or home hosted accommodation, and record in the register, each of the
             following:
             a.     on each occasion on which the premises are used, or occupied, for short stay
                    letting or home hosted accommodation on a commercial basis:
                    i.    the number of adults who are users of the premises; and
                    ii.   the number of minors, an individual who is under 18, who are users of the
                          premises.
             b.     the dates when each person’s use, or occupation, of the premises for short stay
                    letting or home hosted accommodation began and ended.
      22.    The contact person, must make available, for inspection by Council, within 5 business
             days of receipt of a written request given at any time, each of:
             a.     the written record of complaints referred to in condition 19; and
             b.     the register referred to in condition 21
B.    Advise that all building works must cease until a Development Permit for Building Works is
      obtained.
C.    Find the following matters relevant to the assessment and sufficient reason to approve the
      application:
      1.     The proposed short term accommodation is consistent with previous approvals granted
             in the High and Medium Density Residential Zones.
      2.     The proposed short term accommodation is identified as a consistent use in the Medium
             Density Residential Zone by the Noosa Plan 2020.
D.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Consultation
External Consultation - Community & Stakeholder
Not applicable
Internal Consultation
Coordinator Development Engineering

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                  x   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
                               x   Strategic Land Use Planning                Infrastructure Planning,
                                                                              Design and Delivery




                                                                                           Page 26 of 27

Section 27

ORDINARY MEETING AGENDA                                                            19 AUGUST 2021


10   CLOSED SESSION

     Nil.




11   PUBLIC QUESTION TIME

     1      BRIAN O’CONNOR
            Q1: The Noosa Plan 2020 contains a Pomona Framework and Character Plan
                indicating streetscape and connectivity element such as landscaping, walkways
                and cycleways as well as beautification and landscaping also possible locations
                for so called 'entrance statements' and so I ask .... "What is the status of this plan
                in terms of Council's commitment to it and implementation of planning to bring it to
                fruition?'

            Q2: Has any work been done beyond the initial concept render by way of construction
                timelines, public consultation on what's depicted and projected budget costs?




12   NEXT MEETING

     The next Ordinary Meeting will be held on 16 September 2021 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE




                                                                                       Page 27 of 27

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.