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2021-09-07 Planning & Environment Committee Meeting Minutes

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                          MINUTES


   Planning & Environment
     Committee Meeting


            Tuesday, 7 September 2021


                                    9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Brian Stockwell (Chair), Karen Finzel, Clare Stewart, Tom Wegener




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                     7 SEPTEMBER 2021


1   ATTENDANCE & APOLOGIES


    COUNCILLORS
    Cr Brian Stockwell (Chair)
    Cr Karen Finzel
    Cr Tom Wegener
    Cr Clare Stewart

    Cr Lorentson (non-Committee Councillor – for reports 1-9)
    Cr Wilkie (non-Committee Councillor – for reports 2-10)



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

    The meeting commenced at 9.30am.




2   CONFIRMATION OF MINUTES
    Committee Resolution
    Moved:           Cr Stewart
    Seconded:        Cr Wegener
    The Minutes of the Planning & Environment Committee Meeting held on 10 August 2021 be
    received and confirmed.
                                                                    Carried unanimously.




3   PRESENTATIONS

    Nil.




4   DEPUTATIONS

    Nil.




                                                                              Page 2 of 8

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                            7 SEPTEMBER 2021


5   REPORTS FOR CONSIDERATION OF THE COMMITTEE




1   DBW21/0112 – APPLICATION FOR BUILDING WORKS ASSESSABLE AGAINST THE
    PLANNING SCHEME - WORKS WITHIN 4.5M OF REVETMENT WALL (GLASS POOL
    FENCE) AT 12 TOPSAILS PLACE, NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Wegener
    Seconded:        Cr Stockwell
    That Council note the report by the Assistant Development Planner to the Planning &
    Environment Committee Meeting dated 7 September 2021 regarding Application No.
    DBW21/0112 for a Development Permit for Building Works - Works within 4.5m of revetment
    wall situated at 12 Topsails Pl Noosaville and:
    A.   Approve the application in accordance with the following conditions:
         Approved Plans
         1.     Development undertaken in accordance with this approval must generally comply
                with the approved plans of development. The approved plans are listed in the
                following table unless otherwise amended by these conditions.
                 Plan No.   Rev.   Plan/Document Name                                   Date
                 1          A      Site Plan, prepared by Mandy’s Design & Drafting     19 May 2021
                 2          A      Floor Plan, prepared by Mandy’s Design & Drafting    19 May 2021
                 3          A      Elevations, prepared by Mandy’s Design & Drafting    19 May 2021
                 01         .      Concrete Footing Layout, prepared by AAA Design &    09/06/2021
                                   Development Pty Ltd
         Building
         2.     The proposed works must be maintained in a sound state of repair in accordance
                with the approved plans.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.




2   MCU17/0563.02 & OPW17/0597.02 - OTHER CHANGE TO A DEVELOPMENT APPROVAL
    FOR A MATERIAL CHANGE OF USE FOR 2 X MULITPLE HOUSING TYPE 2 - DUPLEXES
    AND OPERATIONAL WORKS (ENGINEERING WORKS AND LANDSCAPING) TO
    INCLUDE SHORT TERM ACCOMMODATION AT 30 & 32 THE COCKLESHELL,
    Committee Recommendation
    Moved:           Cr Stewart
    Seconded:        Cr Finzel
    That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.




                                                                                       Page 3 of 8

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                               7 SEPTEMBER 2021


3   MCU21/0087 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE –
    SHORT TERM ACCOMMODATION AT 51 TINGIRA CRESCENT, SUNRISE BEACH                            OCUMENT INF ORM ATION




    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Wegener
    That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.




4   131999.983057.01 - PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF P&E
    COURT ORDER (3226/2000) FOR DEVELOPMENT PERMIT FOR A MATERIAL CHANGE
    OF USE FOR MULTIPLE DWELLNGS (4 UNITS) AT 269 GYMPIE TERRACE,
    NOOSAVILLE
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Wegener
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 7 September 2021 regarding Application No. 131999.983057.1 for
    a Pre-request Response Notice to Change a Development Approval for Multiple Dwelling Units
    situated at 269 Gympie Terrace Noosaville and advise the applicant that Council would support
    an application for a minor change to the development approval where conditions 31 and 41
    are amended generally as follows:
    31.   Development undertaken in accordance with this approval must generally comply with
          the approved plans of development and Figures 1 and 2 and as amended by Condition
          41. The approved plans are numbered 9977SK04I, ESK01J, SK02E, and SK03C
          prepared by Greg Gibbs Architects and dated November 1999. The material to be used
          for the construction of all balcony rails shall be of transparent or open materials, but not
          vertical rails and to the satisfaction of the Manager Development Assessment.
    41.   The area of outdoor dining must not exceed a total of 15.5m2. The outdoor dining area
          may be covered by a shade sail of 32.9m2 and setback a minimum of 4.6m from Gympie
          Terrace and 3m from James Street as shown on the approved plans of development.
          The shade structure must not exceed 3m in height and must not be fitted with roll down
          plastic or similar weatherproof walls. The shade structure must be in muted tones and
          must not be white.
                                                                          Carried unanimously.



5   MCU21/0109 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
    OFFICE AT 4/216 DAVID LOW WAY, PEREGIAN BEACH
    Committee Recommendation
    Moved:            Cr Finzel
    Seconded:         Cr Stewart
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 7 September 2021 regarding Application No. MCU21/0109 for a
    Development Permit for Material Change of Use - Office situated at 4/216 David Low Way
    Peregian Beach and:

                                                                                         Page 4 of 8

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                              7 SEPTEMBER 2021


    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
              4/216 Areas      -      Floor Plan, prepared by the applicant           -
         Currency Period
         3.      This development approval lapses if the use has not happened by 16 September
                 2027, unless an application to extend the currency period is approved by Council.
         Nature and Extent of Approved Use
         4.   This development approval is for 70m2 of Office use area.
         Car Parking
         3.     The applicant must comply with the requirements of any infrastructure agreement
                entered into with the Council with respect to the payment of car parking
                contributions in relation to the proposed development. In the event that the above
                does not apply a minimum of 3 car parking spaces must be provided and marked
                on the site and made available and accessible at all times while the use is open for
                business.
    B.   Enter into an Infrastructure Agreement with the applicant that provides for contributions
         in lieu of 3 on-site car parking spaces.
    C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                          Carried unanimously.




6   MCU20/0155 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
    CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 75 WILLIAMS ROAD, KIN
    KIN
    Committee Recommendation
    Moved:            Cr Finzel
    Seconded:         Cr Stewart
    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.




                                                                                       Page 5 of 8

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                          7 SEPTEMBER 2021


7   MCU20/0149 - REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
    CHANGE OF USE FOR SHORT TERM ACCOMMODATION 29 FERGUSON STREET,
    SUNSHINE BEACH
    Committee Recommendation
    Moved:           Cr Finzel
    Seconded:        Cr Wegener
    That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.




8   MCU17/0002.02 & OPW17/0035.02 - APPLICATION FOR AN OTHER CHANGE TO A
    DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –SHORT TERM
    ACCOMMODATION & OPERATIONAL WORKS AT 14 ANN ST NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Stewart
    That Planning & Environment Committee Agenda Item 8 be referred to the General Committee
    for further consideration.
                                                                       Carried unanimously.




9   SPS21/0288 – REQUEST TO APPLY SUPERSEDED PLANNING SCHEME – MATERIAL
    CHANGE OF USE FOR COMMUNITY USE – WELLBEING TYPE 2 SOCIAL & ANCILLARY
    DWELLING UNIT (CARETAKERS RESIDENCE) AT 7 WOODLAND DRIVE, PEREGIAN
    BEACH
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Stewart
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 7 September 2021 regarding a Request for
    Superseded Planning Scheme – Material Change of Use (Wellbeing Type 2 social and
    Ancillary Dwelling Unit) at 7 Woodland Drive, Peregian Beach and refuse the Request to apply
    the Superseded Planning Scheme for the following reason:
    1.   The introduction of the Noosa Plan 2020 has not resulted in an adverse planning change
         to the property pursuant to the Planning Act 2016.
                                                                          Carried unanimously.




                                                                                    Page 6 of 8

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                                      7 SEPTEMBER 2021


6    REPORTS FOR NOTING BY THE COMMITTEE


10   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2021
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I have a
     close personal relationship with Anthony Francis Bell and Kelly Nicole Bell listed in the report at Item
     93, Application No. SPS21/0112; and Robyn A Yates listed in the report at Item 127, Application ID
     SPS21/0150. Although I have a declarable conflict of Interest I do not believe a reasonable person could
     have a perception of bias because I believe Council’s consideration of these applications are not to
     approve or reject them, they are only for noting that a decision 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 in and participate in the decision.
     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 due to my
     association with Andrew St Baker, listed in the report at Item 111, Application No. SPS21/0134. I am a
     surfboard manufacturer and Mr St Baker is an owner of Thomas Surfboards and the Thomas Factory.
     I believe Mr. St Baker has had a fantastic influence on manufacturing in Noosa. In Council I have often
     congratulated the Thomas Factory and I have discussed the emerging Enterprise Business Zones which
     Mr. St Baker supports. During the Campaign Mr. St Baker allowed me to put an election core flute at the
     Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had two discussions
     of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at his house, which
     is right above the surf break. Although I have a declarable conflict of interest, I do not believe a
     reasonable person could have a perception of bias because I believe I do not have a close personal
     relationship with Mr St Baker and Council’s consideration of this application is not to approve or reject
     it, only for noting that a decision 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 in and
     participate in the decision.
     Committee Resolution
     Moved:            Cr Finzel
     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 although Cr
     Stewart has a personal relationship with Anthony Francis Bell, Kelly Nicole Bell and Robyn A Yates,
     Council’s consideration of these applications is not to approve or reject them, but only for noting that a
     decision has already been made by staff, therefore a reasonable person would trust that the final
     decision is made in the public interest.
                                                                                      Carried unanimously.
     Committee Resolution
     Moved:            Cr Finzel
     Seconded:         Cr Stockwell
     That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
     interest that Cr Wegener participates and votes on this matter because Council believes that although
     Cr Wegener has a relationship with Mr St Baker, Council’s consideration of these applications is not to
     approve or reject them, but only for noting that a decision has already been made by staff, therefore a
     reasonable person would trust that the final decision is made in the public interest.
                                                                                       Carried unanimously.
     (Crs Stewart & Wegener did not vote on the above motion)




                                                                                                 Page 7 of 8

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES                         7 SEPTEMBER 2021


     Committee Recommendation
     Moved:          Cr Stewart
     Seconded:       Cr Wegener
     That Council note the report by the Development Assessment Manger to the Planning &
     Environment Committee Meeting dated 7 September 2021 regarding planning applications that
     have been decided by delegated authority.
                                                                       Carried unanimously.




7    CLOSED SESSION

     Nil.



The meeting closed at 10.57am.




                                                                                  Page 8 of 8

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