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2020-12-17 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 17 December 2020
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 MINUTES 17 DECEMBER 2020
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Saward, Acting Director Community Services
M Shave, Director Corporate Services
A Dow, Acting Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 5.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Finzel
Seconded: Cr Lorentson
The Minutes of the Ordinary Meeting held on 19 November 2020 be received and confirmed.
Carried unanimously.
3 MAYORAL MINUTES
1 AFFORDABLE HOUSING
Council Resolution
Moved: Cr Stewart
That Council note the Mayoral Minute provided to the Ordinary Meeting dated 17
December 2020, and:
A. Request the CEO to review existing Noosa Council land assets to determine if any
such land would be appropriate for the development of social housing;
B. Request the CEO to incorporate consideration of priority sector employee housing
within the upcoming review of the Local Economic Plan;
C. Request the CEO to bring forward a report to a future Council meeting identifying
potential amendments to the planning scheme to accelerate the provision of
suitable community housing;
Page 2 of 25
Section 3
ORDINARY MEETING MINUTES 17 DECEMBER 2020
D. Council continue to negotiate with State and Local community housing providers
in the development of an economically efficient model to achieve a mix of public,
social and private affordable accommodation within community housing
developments; and
E. Council continue to work closely with State Member Sandy Bolton and her Housing
Action Group.
Carried unanimously.
4 PETITIONS
Nil.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 25
Section 4
ORDINARY MEETING MINUTES 17 DECEMBER 2020
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 8 DECEMBER 2020
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
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 in relation to
No. 9 OPW18/0155.01 in the list of applications in the report. Mr Shannon Gillard, who is related to the
applicant CBD Settlers Cove Pty Ltd, and his wife Kate, are friends of mine through our children. We
socialise together occasionally. Although I have a declarable conflict of interest, I do not believe a
reasonable person could have a perception of bias because I believe the nature of our relationship is
not close and personal and Council’s consideration of this application is not to approve or reject it, it is
only for noting the decision that has already been made by staff. 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.
Cr Wilkie assumed the Chair for the purpose of Council considering the conflict of interest declaration.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stockwell
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that she does
not have a close personal relationship with Mr Gillard and therefore a reasonable person would trust
that the final decision is made in the public interest.
Carried unanimously.
(Cr Stewart did not vote on the above motion)
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 8 December 2020 regarding planning applications that
have been decided by delegated authority.
Carried unanimously.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That the report of the Planning & Environment Committee dated 8 December 2020 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 4 of 25
Section 5
ORDINARY MEETING MINUTES 17 DECEMBER 2020
1 MCU19/0001 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
COMMERCIAL BUSINESS TYPE 1- OFFICE, MULTIPLE HOUSING TYPE 4
CONVENTIONAL AND RETAIL BUSINESS TYPE 2 - SHOP & SALON AT 6-10 DIAMOND
STREET, COOROY
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 MCU20/0090 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
AN EXTENSION TO SHOP/HIRE AND STORAGE BUILDING AT JETTY 256 GYMPIE
TERRACE, NOOSAVILLE
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 PLANNING & ENVIRONMENT COURT APPEAL NO 2974 OF 2020 APPLICATION FOR
EXTENSION TO CURRENCY PERIOD 6 HERON ST, PEREGIAN BEACH
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 December 2020 regarding Planning & Environment
Court Appeal 2974 of 2020 and agree to defend the appeal.
5 NOOSA COUNCIL CARBON FOOTPRINT REPORT 2019/2020
That Council note the report by the Project Officer Carbon Reduction to the Planning &
Environment Committee Meeting dated 8 December 2020 that includes a calculation of the
2019/20 Carbon Footprint for Noosa Council and its progress towards the target of net zero
emissions by 2026 and that the CEO organise a workshop with Councillors to review planned
initiatives with an aim to achieve Council’s stated target of zero net emissions by 2026.
Page 5 of 25
Section 6
ORDINARY MEETING MINUTES 17 DECEMBER 2020
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 8 DECEMBER 2020
1 NOOSA HOLIDAY PARKS FEES AND CHARGES
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 I am
currently a leader with Noosa Sea Scouts and have been for nearly 15 years. I currently do not hold an
Executive position with this organisation, but have so for a number of years up until April 2020. In the
role of Group Leader I have previously declared an interest and left the room as Noosa Sea Scouts run
a campground in Noosaville. However, I no longer have any involvement in the setting of campground
fees for that organisation. Although I have a declarable conflict of interest, I do not believe a reasonable
person could have a perception of bias because I believe my interest in the organisation currently has
no relationship with the running of the campground activities. 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.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
interest that Cr Stockwell participates and votes on this matter because Council believes that Cr
Stockwell’s role with the Noosa Sea Scouts currently does not have any involvement with the setting of
campground fees or other campground activities and therefore a reasonable person would trust that the
final decision is made in the public interest.
Carried unanimously.
(Cr Stockwell did not vote on the above motion)
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Property Advisor – Commercial Property to the Services &
Organisation Committee Meeting dated 8 December 2020 and:
A. Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
of the July 2022 Queensland school holidays; and
B. Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
for Noosa Holiday Parks for the period ending Monday 11 July 2022 as detailed in the
tables contained within the report.
Carried unanimously.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That the report of the Services & Organisation Committee dated 8 December 2020 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Page 6 of 25
Section 7
ORDINARY MEETING MINUTES 17 DECEMBER 2020
2 DEBT REFINANCING INVESTIGATION
That Services & Organisation Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 ORGANISATIONAL STRUCTURE
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 8 December 2020 regarding the organisational structure and
position establishment including temporary project positions.
4 2020 ANNUAL DISASTER MANAGEMENT REPORT
That Council note the report by the Disaster Management Officer to the Services &
Organisation Committee Meeting dated 8 December 2020 providing an update on disaster
management activities and thank the members and advisors to the Noosa Local Disaster
Management Group for their participation.
5 CAPITAL PROGRAM DELIVERY STATUS – NOVEMBER 2020
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 8 December 2020 providing an update on the status of the 2020/21
Capital Works Program to November 2020 and note the progress of the $4.6m of COVID
recovery funding projects and maintenance activities.
Page 7 of 25
Section 8
ORDINARY MEETING MINUTES 17 DECEMBER 2020
3 GENERAL COMMITTEE MEETING REPORT – 14 DECEMBER 2020
1 MCU19/0001 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
COMMERCIAL BUSINESS TYPE 1 - OFFICE, MULTIPLE HOUSING TYPE 4
CONVENTIONAL AND RETAIL BUSINESS TYPE 2 - SHOP & SALON AT 6 - 10 DIAMOND
STREET, COOROY
The following material was presented to the meeting in relation to this item:
Cr Stockwell – refer to Attachment 1
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a prescribed conflict of interest in this matter as Peter Zipf,
a director of Creekgold Pty Ltd who donated to my election campaign in March 2020, has an interest in
this application. Mr Zipf attended the pre-lodgement meeting on behalf of the applicant. As a result of
my conflict of interest, I will now leave the meeting room while the matter is considered and voted on.
Cr Wilkie assumed the Chair for this item in Cr Stewart’s absence.
Motion
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 December 2020 regarding Application No. MCU19/0001 for a
Development Permit for Material Change of Use for Commercial Business - Type 1 Office,
Multiple Housing - Type 4 Conventional (4 small dwellings), Retail Business - Type 2 Shop &
Salon situated at 6-10 Diamond Street, Cooroy and:
A. Approve the application in accordance with the conditions contained in the Planning &
Environment Committee Agenda with changes to conditions 5 and 42 and a new
condition 63 to read as follows:
5. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground level except for the roof ridge of the
small dwellings which must not exceed 8.35m above the natural ground level as
shown on the approved plans.
42. Pedestrian and bicycle facilities must be provided within the development. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. A minimum 1.5 metre wide and some covered pathways within the
development site including a minimum of a 2m wide pathway connection to
Diamond Lane generally in accordance with approved plans.
b. Adequate separation of all specific pedestrian routes from vehicle access
and manoeuvring areas, and clear demarcation by pavement marking,
signposts or changes in surface materials or levels.
c. Signage and lighting at strategic locations to direct people to building entries
and public toilet facilities.
d. A total of 11 bicycle parking spaces/racks and end of trip facilities complying
with the applicable standards and The Noosa Plan 2016.
Construction Management Plan
63. A preliminary Construction Management Plan must be submitted with the
Operational Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
Page 8 of 25
Section 9
ORDINARY MEETING MINUTES 17 DECEMBER 2020
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures prior to construction;
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the
development;
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads; and
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines
through the construction site, through the implementation of appropriate
erosion and sediment control measures.
c. works programme identifying key components of the works and their
respective durations.
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues.
e. a post out to the local residents and businesses prior to the pre-start meeting
advising of the site contact details and the potential for off-site impacts during
the developments construction. The post out must:
i. include a copy of the architectural approved plans;
ii. include plans that show any changes to the road network;
iii. be distributed to all businesses and residences in the area bounded
by:
Opal Street;
Kauri Street;
Elm Street; and
Pearl Street.
Written confirmation of the post out must be submitted to Council a
minimum of 5 days prior to the pre-start meeting.
f. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures.
g. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall
be fully repaired at the applicant’s expense;
h. It is acknowledged that the preliminary Construction Management Plan will
be a draft document requiring finalisation upon appointment of the Principal
Contractor employed to construct the works and a final document will be
required to be submitted at the Pre-Start Meeting for the project.
Page 9 of 25
Section 10
ORDINARY MEETING MINUTES 17 DECEMBER 2020
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The previous infrastructure use has been abandoned and given the site is
surrounded by business centre type uses, the mixed use development is a logical
reuse of the land.
2. The proposed commercial, retail and residential uses are consistent with the
surrounding zoning and land use pattern.
3. The proposed development is consistent with the Noosa Plan 2020, with the site
now zoned District Centre.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Amendment
Moved: Cr Wilkie
Seconded: Cr Finzel
That condition 5 be amended to delete the words “except for the roof ridge of the small
dwellings which must not exceed 8.35m above the natural ground level as shown on the
approved plans“ to read:
5. The maximum height of the development must not exceed 8 metres above the finished
ground level and the natural ground level.
For: Crs. Wegener, Finzel and Wilkie
Against: Crs. Stockwell, Lorentson and Jurisevic
Carried on the casting vote of the Acting Chair.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Lorentson
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 December 2020 regarding Application No. MCU19/0001 for a
Development Permit for Material Change of Use for Commercial Business - Type 1 Office,
Multiple Housing - Type 4 Conventional (4 small dwellings), Retail Business - Type 2 Shop &
Salon situated at 6-10 Diamond Street, 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
DA02 E Proposed Site Plan, prepared by Verve 06.10.2020
Building Design Co
DA03 D Building Elevations & Perspectives, prepared 06.10.2020
by Verve Building Design Co
Page 10 of 25
Section 11
ORDINARY MEETING MINUTES 17 DECEMBER 2020
DA04 D Building Elevations & Perspectives, prepared 06.10.2020
by Verve Building Design Co
DA05 D Building Elevations & Perspectives, prepared 06.10.2020
by Verve Building Design Co
DA06 C Level 1 & Roof Plan, prepared by Verve 06.10.2020
Building Design Co
1854_SQMP Rev Proposed development at 6-10 Diamond St - 26.08.2019
0.doc Cooroy Stormwater Quality Management Plan,
prepared by Callaghan and Toth
Nature and Extent of Approved Use
3. The non-residential uses must not operate outside the hours of 7am to 10pm
Monday to Sunday.
Currency Period
4. The Currency Period for this development approval lapses if the use has not
happened by 17 December 2026, unless an application to extend the currency
period is approved by Council.
Building Height
5. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground level.
6. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the buildings do not exceed the maximum height requirement of this Decision
Notice.
Building Appearance
7. External finishes must be in accordance with that indicated on the approved plans.
In this regard a colour palette (including roof and fence) must be submitted to
Council for endorsement prior to the issue of an operational works approval. The
colours must be muted environmental tones and reflect the character of Cooroy.
8. All air conditioning units and/or other mechanical equipment must be fully enclosed
or screened such that they are not visible from the street frontages nor adjoining
properties.
9. All deck and balcony areas above ground floor must not be enclosed by permanent
fixtures such as shutters, louvres, glass panelling or the like, except where required
to satisfy any privacy condition of this Decision Notice or if shown on the approved
plans.
10. Each tenancy along the Diamond Street frontage must provide a minimum of 50%
fully transparent shopfront glazing to allow passive surveillance and encourage
social interaction.
11. Any security screens to the front of the premises must consist of grille or
translucent screens and not solid shutters, screens, or roller-doors.
Weather Protection
12. Street awnings must be provided for the full frontage to Diamond Street, except for
across the driveway, as shown on the approved plans. The awning must be
designed to provide maximum continuous solar and rain protection and promote
all weather activity but provide opportunities for street tree planting and
landscaping. The width of the awning must be determined in consultation with the
Manager Development Assessment prior to the issue of the operational works
approval. Any posts must be located to the outer most point of the awning so as
not to impede pedestrian traffic.
Page 11 of 25
Section 12
ORDINARY MEETING MINUTES 17 DECEMBER 2020
Performance Bond
13. To secure the performance of all conditions of this approval, security in the form of
a cash bond or trading bank guarantee to the sum of $20,000 must be submitted
to Council a minimum of 5 days prior to pre-start meeting. 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.
Street Identification
14. The street address of the development must be clearly visible and discernible from
the primary frontage of the site by the provision of a street number and, where
appropriate, the building name.
Water & Sewer Connections
15. 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).
16. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
(Unitywater) must be submitted to Council that certifies an underground connection
to reticulated water and sewerage has been provided to the development site.
Community Management Statement
17. Any proposed Community Management Statement required for the development
pursuant to the Body Corporate and Community Management Act 1997 must be
submitted to Council for endorsement at the same time as submission of the
Building Format Plan (or similar) to Council for compliance assessment.
LANDSCAPING
18. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and Planning Scheme Policy PSP
3 – Landscaping Plants and Guidelines and must include in particular:
a. Landscaping for the full length of both side and rear boundaries as shown on
the approved plans. Shade trees must be included which grow to a minimum
height of 8m at maturity and provided at 3m centres. The trees must have a
minimum pot size of 45 litres. Understory planting must be provided between
the shade trees to help screen the development and shade the car parking
area.
b. Two car parking spaces must be removed and replaced with landscaping.
Two 45 litre shade trees per replaced car space must be provided.
c. Each centre parking garden must be a minimum of 1.7m² and consist of 1 x
45 litre shade tree.
d. Street trees - provision of 4 x 45 litre street trees evenly spaced to the
western side of the driveway and 2 x 45 litre street trees to the eastern side
of the driveway. The existing street tree on the eastern side of the driveway
is in poor health and must be replaced. A plant schedule must be provided
for operational works.
19. 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.
Page 12 of 25
Section 13
ORDINARY MEETING MINUTES 17 DECEMBER 2020
DEMOLITION
Performance Bond
20. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000
must be submitted to Council prior to the issue of a Development Permit for
Building Works for demolition, to secure the demolition conditions of this approval.
The cash bond or trading bank guarantee will be returned on performance of the
demolition conditions of this approval less any costs incurred by Council in respect
of enforcing performance of these demolition conditions. Council reserves the right
to call upon the bond or guaranteed sum to effect compliance with conditions.
Works
21. Demolition must be undertaken in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise,
lighting, air-borne hazards, atmospheric pollutants (including dust or odours)
nuisance or any other emissions in accordance with the nuisance provisions of the
Environmental Protection Act 1994.
Waste management
22. A Waste Management Plan (demolition) must be submitted in accordance with
Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s
Waste Coordinator prior to issue of a development permit for Building Works for
demolition, removal or relocation.
The purpose of the Waste Management Plan is to facilitate the segregation of
waste for the effective reuse and recycling of such materials. Segregated wastes
attract significantly reduced disposal fees at the landfill with some items free.
Higher gate fees are charged for mixed waste.
Waste storage areas must provide for adequate separation of all reusable,
recyclable and waste materials. These must be located so that they are convenient
and safe to use.
The Plan must contain the following information:
a. The areas for the storage and separation of waste shown on a site plan;
b. A waste management table as indicated below is to be completed showing
how waste material is to be segregated - recycled – reused or disposed; and
c. Table – Waste Management Table
MATERIALS ON-SITE DESTINATION
Re-use and Recycling Disposal
Expected waste Estimated On-site Off-site *specify
materials volume(m³) *specify *specify contractor and
proposed re- contractor and landfill site or
use or on- recycling other disposal
site recycling outlet site
methods
Excavation material
Green waste
Bricks
Concrete
Timber-please specify
Plasterboard
Metals - please
specify
Asbestos
Other - please specify
Note * If a demolition contractor is undertaking works, then the Waste Management
table is to be completed by the demolition contractor.
Page 13 of 25
Section 14
ORDINARY MEETING MINUTES 17 DECEMBER 2020
Damage to infrastructure
23. Any damage to footpaths, street plantings, natural vegetation/trees kerb and
channel, bridges or roadways must be repaired or reinstated to at least pre-existing
conditions.
Vacant site
24. The site must be left clean and tidy free from debris such as concrete, wire, rubble,
brick/s and the like. If the site remains vacant for more than 30 days the lot/s must
be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 –
Landscaping Plants and Guidelines and to the satisfaction of Council so as to not
cause nuisance to the surrounding area.
25. All waste materials must be removed from site.
Litter, erosion and sediment control
26. Litter, erosion and sediment control measures must be installed and maintained
until soils are stabilised by turf, vegetation or sealed.
Note: it is an offence under the Environmental Protection Act 1994 to deposit or
potentially allow litter, waste, soil, or other contaminants to enter a waterway or
storm water drainage system (e.g. roadside gutter).
Asbestos
27. Removal of building materials containing asbestos must be undertaken by a
licensed asbestos removalist.
28. Asbestos removal work (Section 466) of the Work Health and Safety Regulation
2011 requires a licensed asbestos removalist to give notice to Workplace Health
and Safety Queensland (WHSQ) of licensed asbestos removal work at least five
days before the work commences. Notification must be made using Form 65:
Notification of licensed asbestos removal work, demolition work or emergency
demolition.
29. All building materials containing asbestos products are wrapped and disposed of
in accordance with the Public Health Regulation 2006 and the Environmental
Protection Regulation 2008.
Note: Asbestos is a Regulated Waste. The Department of Environment & Science
licenses businesses that transport asbestos waste, and landfills that accept this
waste.
30. All building materials containing asbestos, including asbestos cement sheeting or
roofing and lagging are removed from the building prior to demolition/relocation.
Plumbing and Drainage
31. It is a requirement of the ‘Standard Plumbing and Drainage Regulation 2019’ that
at demolition of a building, the existing sanitary drain upstream from the connection
point for a service provider’s sewerage system must be sealed water tight. This
work is deemed as notifiable Work and must be carried out by a suitably licenced
plumber who must submit an As Constructed plan and Form 4 (Notifiable Works
Form) to the QBCC (Queensland Building Construction Commission) within 10
days of completing the work.
ENGINEERING
External Works
32. Diamond Street must be upgraded for the length of its frontage to the subject site.
The works must be undertaken in accordance with an Operational Works approval
and must include in particular:
Page 14 of 25
Section 15
ORDINARY MEETING MINUTES 17 DECEMBER 2020
a. Construction of a pedestrian footpath in accordance with the conditions of
this Decision Notice.
b. Removal of any redundant property accesses and reinstatement of the kerb,
footpath and verge area to match the balance of the site frontage.
c. Any required stormwater drainage works within the road reserve in
accordance the conditions of this Decision Notice.
d. Any required road pavement correction due to the development works.
e. Relocation, and line marking of existing on-street parking spaces in
accordance with the requirements of the Referral Agency and the conditions
of this Decision Notice.
f. The required relocation of the existing power pole.
g. Any required alteration or adjustment to existing public services due to the
proposed works.
33. Additional external roadworks as may be required by Department of Transport and
Main Roads approval reference 1901-9327 SRA.
Site Access and Driveways
34. A sealed access driveway must be provided to all parking and manoeuvring areas
of the development generally in accordance with approved plans. The works must
be undertaken in compliance with an Operational Works approval and the
applicable requirements of the relevant utility provider/s, and must include in
particular:
a. A driveway crossover generally in accordance with the approved plans,
standard drawing RS-051 and with an overall maximum width of 6.5m at the
property boundary.
35. Approval from the Department of Transport and Main Roads for the final design of
the site access and driveway works must be submitted in writing to Council prior to
the issue of any Development Permit for Operational Works by Council.
Car Parking
36. A minimum of 42 car parking spaces and 4 motor cycle spaces must be provided
and signage and marked on the site generally in accordance with the approved
plans and AS/NZS 2890.01, and made available and accessible at all times while
the use is open for business. The works must be undertaken in accordance with
an Operational Works approval and must include in particular:
a. 4 covered parking spaces for the residential units within the total, which are
clearly marked for this purpose
b. Pedestrian routes within the development site generally in accordance with
the conditions of this permit and further details and levels for the pedestrian
access to Diamond Lane.
c. 4 motorcycle spaces.
d. Provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code.
e. Linemarking, crossfalls and gradients in accordance with Australian
Standard AS/NZS 2890.01: Parking Facilities
37. 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.
Page 15 of 25
Section 16
ORDINARY MEETING MINUTES 17 DECEMBER 2020
38. Directional signage must be provided to direct customers and drivers to the car
parking spaces provided on site.
On Street Carparking
39. On street carparking along the frontage of the site must be provided with signage
and linemarking in compliance Australian Standard AS/NZS 2890.01. The works
must be endorsed by the Department of Transport and Main Roads and
undertaken in accordance with an Operational Works approval.
Service Vehicles
40. Service vehicle parking, manoeuvring and standing spaces must be provided on
the site. The works must be undertaken generally in accordance with the approved
plans and an Operational Works approval. and must include in particular:
a. Manoeuvring for Council contractors waste collection vehicle.
b. 1 SRV space.
Pedestrian and Bicycle Facilities
41. Public pedestrian pathway must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must
include in particular:
a. Concrete footpath for the entire length of the site’s frontage to Diamond
Street. The width of the footpath must be determined in consultation with a
Council Manager Development Assessment prior to the issue of the
operational works approval. The width of the footpath must provide for safe
pedestrian traffic and street tree planting and landscaping.
This condition is imposed pursuant to s128 of the Planning Act 2016 being
necessary trunk infrastructure identified by Council’s LGIP to service the
development.
42. Pedestrian and bicycle facilities must be provided within the development. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. A minimum 1.5 metre wide and some covered pathways within the
development site including a minimum of a 2m wide pathway connection to
Diamond Lane generally in accordance with approved plans.
b. Adequate separation of all specific pedestrian routes from vehicle access
and manoeuvring areas, and clear demarcation by pavement marking,
signposts or changes in surface materials or levels.
c. Signage and lighting at strategic locations to direct people to building entries
and public toilet facilities.
d. A total of 11 bicycle parking spaces/racks and end of trip facilities complying
with the applicable standards and The Noosa Plan 2016.
Easements
43. A 1.5 metre wide easement for “Public Thoroughfare” purposes must be registered
against the title of the property in favour of Council. The easement must be located
directly adjacent to the Diamond Lane frontage. The easement must:
a. be clearly shown on all plans submitted for Operational Works; and
b. be registered prior to the commencement of the use.
Page 16 of 25
Section 17
ORDINARY MEETING MINUTES 17 DECEMBER 2020
44. 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.
45. 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.
46. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
ENVIRONMENTAL HEALTH
Amenity
47. 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, air-borne hazards, atmospheric pollutants (including
dust or odours) nuisance or any other emissions in accordance with the nuisance
provisions of the Environmental Protection Act 1994.
Noise Nuisance
48. Noise emission from mechanical equipment must comply with the following
requirements:
a. Air-conditioning, refrigeration, fans including mechanical exhaust
fans/ventilation, plant rooms and refuse compactors:
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
49. Submission of written certification from a suitably qualified person confirming that
the noise levels from all mechanical equipment comply with the noise requirements
of this Decision Notice when measured at either the residential boundary or outside
the most exposed part of an affected building, whichever is the closest to the
equipment.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. All equipment should be operating at the same time to test the overall
noise level created.
Waste Storage & Disposal
50. The developer must provide waste storage and disposal facilities 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. The waste
storage areas must be indicated on the plans and submitted with an operational
works approval.
51. Separate waste storage facilities must be provided for the residential use onsite.
52. Waste collection services are limited to between 6.30am and 6.30pm Monday to
Saturday and not permitted on Sunday or public holidays.
53. 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.
Page 17 of 25
Section 18
ORDINARY MEETING MINUTES 17 DECEMBER 2020
HYDROLOGY
Stormwater Drainage
54. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be undertaken in accordance with an
Operational Works approval.
55. A primary stormwater quality treatment system must be provided for the
development for the effective removal of gross pollutants. The works must be
undertaken in accordance with an Operational Works approval.
56. All primary stormwater quality treatment devices must be routinely checked,
serviced and cleaned in accordance with the manufacturer’s recommendations.
Records of all maintenance activities undertaken must be kept and made available
to Council upon request.
57. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the Bioretention Technical Design Guidelines (Water by Design, 2012), and must
include in particular stormwater quality treatment devices of a size and location
generally in accordance with the approved Stormwater quality management plan
ver 0, prepared by Callahan and Toth, with the exception of the following:
a. The Operational Works application must include an amended drainage
design, consistent with an updated MUSIC model that demonstrates that
drainage from Catchment A1, C and B1 are filtered through a vegetated
system, in lieu of the proposed GPT, to achieve the overall same reduction
in pollutants prior to release to stormwater; and
b. Demonstrate required amendments to the Stormwater Quality treatment train
continues to achieve overall development pollution reduction targets of 80%
reduction in Total Suspended Solids, 60% Reduction in Total Phosphorous
and 45% reduction in Total Nitrogen compared to pre-development scenario,
and that the peak 1-year ARI event discharge remains within pre-
development peak 1-year ARI discharge.
58. All stormwater quality treatment devices must be maintained in accordance with
the Water by Design (2009) - Maintaining Vegetated Stormwater Assets (Version
1). A copy of this document must be retained on the site together with the approved
Operational Works drawings for the stormwater quality treatment system and a
detailed life cycle costing of the system attached as an addendum. Records of all
maintenance activities undertaken must be kept and made available to Council
upon request.
59. Any proposed Community Management Statement required for the development
must include the Water by Design (2009) – Maintaining Vegetated Stormwater
Assets (Version 1) document and must include the full cost of maintaining the
system in accordance with that document.
60. All water quality treatment features must include signage that states “This
stormwater Quality Feature reduces nutrients flowing to Mary River, which drains
to the Great Barrier Reef.” The application for Operational Works must include
signage design and demonstrates how it is consistent with Noosa Design
Principles.
Stormwater Harvesting
61. Operating rainwater collection and harvesting tanks must be provided as shown in
Section 4.2.2 and Section 5 of the Stormwater Quality Management Plan version
0 prepared by Callahan and Toth and dated August 2019. The tanks must be
provided in accordance with a Building Works approval.
Page 18 of 25
Section 19
ORDINARY MEETING MINUTES 17 DECEMBER 2020
62. Operating stormwater harvesting tanks must be provided for the development. The
tanks must be provided in accordance with approved plans and must include
capacity, catchment, distribution and reuse as detailed in Section 4.2.2 and Section
5 of the approved Stormwater Quality Management Plan version 0, prepared by
Callahan and Toth and dated August 2019.
Construction Management Plan
63. A preliminary Construction Management Plan must be submitted with the
Operational Works application and must address the following:
a. traffic management during all aspects of the construction phase including:
i. a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures prior to construction;
ii. maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased;
iii. proposed fencing to the site during the construction phase of the
development;
iv. approval of the Traffic Management Control Plan by the Department of
Transport and Main Roads (DTMR) for any works on State controlled
roads; and
v. provision for worker car parking.
b. maintenance and protection of water quality and existing drainage lines
through the construction site, through the implementation of appropriate
erosion and sediment control measures.
c. works programme identifying key components of the works and their
respective durations.
d. establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic, services and other relevant issues.
e. a post out to the local residents and businesses prior to the pre-start meeting
advising of the site contact details and the potential for off-site impacts during
the developments construction. The post out must:
i. include a copy of the architectural approved plans;
ii. include plans that show any changes to the road network;
iii. be distributed to all businesses and residences in the area bounded
by:
Opal Street;
Kauri Street;
Elm Street; and
Pearl Street.
Written confirmation of the post out must be submitted to Council a
minimum of 5 days prior to the pre-start meeting.
f. identification of complaint management procedures including:
i. contact details for the on-site manager;
ii. dispute resolution procedures.
Page 19 of 25
Section 20
ORDINARY MEETING MINUTES 17 DECEMBER 2020
g. details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall
be fully repaired at the applicant’s expense;
h. It is acknowledged that the preliminary Construction Management Plan will
be a draft document requiring finalisation upon appointment of the Principal
Contractor employed to construct the works and a final document will be
required to be submitted at the Pre-Start Meeting for the project.
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The previous infrastructure use has been abandoned and given the site is
surrounded by business centre type uses, the mixed use development is a logical
reuse of the land.
2. The proposed commercial, retail and residential uses are consistent with the
surrounding zoning and land use pattern.
3. The proposed development is consistent with the Noosa Plan 2020, with the site
now zoned District Centre.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Cr Stewart re-joined the meeting and resumed the Chair.
4 TOURISM NOOSA EXEMPTION REQUEST FOR THE PROVISION OF ALCOHOL FOR
TEMPORARY EVENTS DURING COVID-19 PANDEMIC
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stewart inform the meeting that I have a prescribed conflict of interest in this matter as I am a Board
Director of Youngcare, who are the beneficiary of the funds raised from the “Youngcare Long Lunch”
event for which Tourism Noosa are applying for an exemption request. As a result of my conflict of
interest, I will leave the meeting room while the matter is considered and voted on.
Cr Wilkie assumed the Chair for this item in Cr Stewart’s absence.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Property Manager to the General Committee Meeting dated
14 December 2020 and:
A. Approve Tourism Noosa’s exemption request for the provision of alcohol at the Eat &
Drink / Youngcare Long Lunch event and the Eat & Drink Sumptuous High Tea Soiree
event; and
B. Authorise the CEO to assess both temporary event applications once each application
is properly made and Council has received all the required information to undertake its
assessment in accordance with Council’s normal permit application and approval
process.
Carried unanimously.
Cr Stewart re-joined the meeting and resumed the Chair.
Page 20 of 25
Section 21
ORDINARY MEETING MINUTES 17 DECEMBER 2020
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
That the report of the General Committee dated 14 December 2020 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
2 MCU20/0090 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
AN EXTENSION TO SHOP/HIRE AND STORAGE BUILDING AT JETTY 256 GYMPIE
TERRACE, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee meeting dated 8 December 2020 regarding Application No. MCU20/0090 for a
Development Permit for Material Change of Use – extension to shop/hire and storage building,
situated at Jetty 256 Gympie Terrace, Noosaville, and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to Overall Outcome (ad) and Performance Outcomes
PO22 and PO23 of the Noosaville Local Plan Code as the proposal will result in
increased commercial development on and adjacent the Noosa River and lead to
the business operating outside their lease area.
2. The proposal is contrary to Overall Outcome (b) and Performance Outcome PO2
of the Waterways Works Code as the proposal will result in an increase in gross
floor area and an increase to the scale and intensity of commercial operations on
the Noosa River.
3. The business already exceeds the operational capacity of the lease area, as
evidenced by the site’s compliance history, and increasing the enclosed storage
space supports the continued operation of the business at a scale and intensity
that is not consistent and/or compatible with the designated lease area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Request staff to meet with the applicant to discuss temporary alternative solutions to
storage and staff safety issues due to the COVID-19 restriction requirements.
3 DEBT REFINANCING INVESTIGATION
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 8 December 2020 and:
A. Agree in principle to the 20 year fixed interest refinancing of Council’s current total debt
balance at the latest applicable QTC borrowing rate;
B. Agree to recapitalise the early repayment adjustment through the refinancing transaction
to ensure cash reserves are maintained; and
C. Authorise the Chief Executive Officer to submit an application by 26 February 2021 to
the Department of State Development, Infrastructure, Local Government and Planning
seeking borrowing approval for the refinancing transaction.
Page 21 of 25
Section 22
ORDINARY MEETING MINUTES 17 DECEMBER 2020
5 FINANCIAL PERFORMANCE REPORT – NOVEMBER 2020
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 14 December 2020 outlining November 2020 year to date financial performance
against budget, including performance against key financial sustainability indicators.
6 BUDGET REVIEW 2 (BR2)
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 14 December 2020 and approve the proposed changes to the budget for the
2020/21 financial year as outlined in the revised Budget Financial Statements attached to the
report.
Page 22 of 25
Section 23
ORDINARY MEETING MINUTES 17 DECEMBER 2020
9 ORDINARY MEETING REPORTS
1 KIN KIN QUARRY – POTENTIAL LEGAL ACTION
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated
17 December 2020 and:
A. Note the confidential legal advice in relation to the operation of the Kin Kin Quarry
provided as Attachment 2 to the report;
B. Authorise the Chief Executive Officer to initiate legal action in accordance with that
advice and to work with Council’s legal advisers in gathering the necessary
evidence prior to initiating that legal action.
Carried unanimously.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1 BRIAN O’CONNOR
Question 1:
Noosa Council is part of a troika that is working with HQ Plantations on a $3.5 million
conservation deal to convert 2400ha of Yurol Forest and Ringtail Forest, currently the
site of plantation timber harvesting operations, into National Park; and so I ask what
plans exist for the rehabilitation of cleared areas of forest either side of Yurol Forest Drive
between Pomona and Cooroy. Will these lands become replanted koala habitat or will
they form part of the Noosa Trails Masterplan upgrade proposal?
Response by Brett de Chastel, Chief Executive Officer:
As you have pointed out in your question, this land will become National Park once the
existing pine forest and some hardwood areas have had their final harvesting
completed. As such, the land will be protected for future generations for their enjoyment
and use as National Park. There are over 23 protected/endangered species in this area
including the iconic koala. As you are aware, part of the Noosa Trail already passes
through this land and the Noosa Trail Masterplan envisages that to continue. All of our
discussions with Queensland Parks and Wildlife Service has indicated support for those
trails to continue to be used through the proposed National Park area both in the short
and long term.
Page 23 of 25
Section 24
ORDINARY MEETING MINUTES 17 DECEMBER 2020
Question 2:
Has Noosa Council given thought to using the opportunity of converting Yurol State
Forest and Ringtail State Forest into National Park to reserve a small parcel of that land
for affordable housing for Indigenous First Nations People whose ancestors walked that
land and whose descendants today have traditional ownership heritage and a lasting
and ongoing relationship with these forests?
Response by Brett de Chastel, Chief Executive Officer:
No - there are no current plans to excise any of the land for housing. Under the existing
agreements, all of the land will be converted into National Park over the next 3 to 7 years.
However, we have been working closely with the local Kabi Kabi leaders on this project
over the last 18 months. This includes looking at opportunities to engage with the Kabi
Kabi on regeneration activities, fire management and cultural heritage site reviews. The
Kabi Kabi are very supportive of this project and are keen to be involved in the next
stages of this project. All parties to the existing agreements are also supportive of the
Kabi Kabi being involved in future stages of this project
12 NEXT MEETING
The next Ordinary Meeting will be held on 21 January 2021 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 6.11pm.
Page 24 of 25
Section 25
ORDINARY MEETING MINUTES 17 DECEMBER 2020
ATTACHMENT 1
Page 25 of 25
ORDINARY MEETING MINUTES 17 DECEMBER 2020
ATTACHMENT 1
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Page 25 of 25