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2017-10-16 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 OCTOBER 2017 GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES 16 OCTOBER 2017 – Crs Frank Wilkie (Chair), Cr Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank Pardon, Brian Stockwell and Tony Wellington. 1 MCU17/0049 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR HOME BASED BUSINESS TYPE 3 SWIM SCHOOL AT 8 MCKENNA CT, NOOSAVILLE Committee Recommendation Moved: Cr Wellington Seconded: Cr Stockwell That Council note the report by the Assistant Development Planner to the Planning & Environment Committee Meeting dated 10 October 2017 regarding Application No. MCU17/0049 for a Development Permit for (Home Based Business Type 3 - Swim School), situated at 8 McKenna Ct Noosaville and: A. Refuse the application for the following reasons: 1. The application is contrary to The Noosa Plan and Home-based Business Code as the proposed use will adversely impact on the amenity of surrounding residents due to noise generated by the business and unsatisfactory provision of on-site car parking. 2. The applicant has not satisfactorily demonstrated that noise generated by the business activities will be satisfactorily mitigated for surrounding residents. 3. The scale and nature of the business is not appropriate or relative to the residential property and is likely to dominate and conflict with the surrounding area given the number of classes and operating hours proposed. 4. A number of properly made submissions were received from surrounding residents raising valid objections to the proposed business. B. Advise the applicant that the business is currently operating in breach of the Noosa Plan and the Planning Act 2016 and must cease operating by the 16 November 2017. Carried. 2 MCU16/0153 MATERIAL CHANGE OF USE OF PREMISES MULTIPLE HOUSING TYPE 4 CONVENTIONAL (38 UNITS) VISITOR ACCOM TYPE 4 CONVENTIONAL (12 UNITS) & REC16/0041 RECONFIGURATION OF A LOT (1 LOT INTO 29 LOTS) 215 DAVID LOW WAY PEREGIAN BEACH QLD 4573 Committee Recommendation Moved: Cr Stockwell Seconded: Cr Glasgow That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2017 and refuse Applications MCU16/0153 for a Development Permit for Development Permit for Material Change of Use of Premises - Multiple Housing Type 4 Conventional (38 units) Visitor accommodation Type 4 Conventional (20 units) shared Multiple Housing Type 4 Conventional and Visitor Accommodation Type 4 Conventional (12 units) (Total 58 units) (12 units) and REC16/0041 for the Reconfiguration Page 1 of 8
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
of a Lot (1 Lot into 29 Lots), situated at 215 David Low Way Peregian Beach for the following
reasons:
1. The proposal development is in conflict with the tourism objectives of the planning
scheme as set out in the:
(i) Desired Environmental Outcomes; and
(ii) Overall Outcomes for the Eastern Beaches Locality Code,
of the Noosa Plan.
2. The proposed development is an inconsistent use in the Open Space Recreation Zone.
3. The proposed development is for a scale and form of buildings which is incompatible
with the informal beachside character of the Eastern Beaches Locality and is contrary
to the Overall Outcomes of the Eastern Beaches Locality Code. Furthermore, the
proposal is for multiple housing, a form of development which under the Planning
scheme is limited to Sunshine Beach.
4. The proposed development ignores the Council’s long-held planning strategy whereby
the site is to be retained for low-cost visitor accommodation.
5. The proposal presents an unacceptable development outcome with respect to
adjoining properties in Rufous Street.
6. The development provides for an inadequate number of car parking spaces.
7. The application has not demonstrated sufficient planning or community need to justify
setting aside the clear conflicts with the Noosa Plan.
8. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the
safety of people and property in the event of a bushfire.
9. The applicant has not sufficiently demonstrated that the development will not adversely
impact upon the specialised habitat for threatened species through discharge of
stormwater through the wetland areas of the National Park.
10. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state
significance have not been adequately addressed.
11. A number of properly made submissions have been received raising valid grounds of
objection.
1. The proposed works are contrary to the Desired Environmental Outcomes of the Noosa
Plan as the development does not provide for low cost visitor accommodation on the
site;
2. The proposed works are contrary to the Eastern Beaches Locality Code as the
development is not compatible with the strategic intent for the site and the character of
the surrounding area;
3. The proposed works are contrary to the Natural Hazards Overlay Code as the risk from
bushfire has not adequately been addressed and the layout may compromise the
safety of people and property in the event of a bushfire;
4. The applicant has not sufficiently demonstrated that the development will not adversely
impact on the specialised habitat for threatened species through discharge of
stormwater through the wetland areas of the National Park;
Page 2 of 8
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
5. The application for the proposed works has not demonstrated compliance with State
Planning Policy July 2017 Part E Biodiversity as impacts on matters of state
significance have not been adequately addressed;
6. The application has not demonstrated overwhelming community need to justify
overriding the planning scheme; and
7. A number of properly made submissions have been received raising valid grounds of
objection.
Carried.
3 FREE HOLIDAY BUSES 2017-18
Motion
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 10 October 2017 and:
A. Agree to provide Free Holiday Buses for the Christmas (26 December 2017 to 5
January 2018) and Easter (30 March 2018 to 8 April 2018) periods including the Boreen
Point – Tewantin FlexiLink and Council Cabs services;
B. Accept TransLink’s quotation of $35,988 (excl GST) for the Christmas Free Holiday
buses for Routes 626, 627, 628, 629 and 632;
C. Accept Transit Australia Group’s (Sunbus) quotation of $35,377 (excl GST) for a shuttle
service between Peregian Beach and Noosa Heads for both the Christmas and Easter
periods;
D. Approve the installation of temporary decals on the Peregian - Noosa Heads Shuttle at
an estimated cost of $5,740 (excl GST);
E. Delegate authority to the CEO to finalise negotiations with TransLink for the provision
of the Easter Free Holiday buses for Routes 626, 627, 628, 629 and 632;
F. Approve a marketing budget of $8,440 for the Christmas and Easter Free Holiday
Buses;
G. Approve a budget of $3,526 for a Sunbus passenger assistant to be located at the
Hastings Street bus interchange on 30 - 31 December 2017, 31 March 2018, and 7
April 2018;
H. Approve the use of Noosa Heads Lions Park as a car park for the Christmas (26
December 2017 to 7 January 2018) and Easter periods with the car park to be
managed by the Tewantin-Noosa Lions Club, and set the parking fee to $20 per day
or part thereof; and
I. Approve the allocation of 35.5 40% of the Noosa Heads Lions Park car parking revenue
to the Tewantin-Noosa Lions Club with the remaining revenue to come to Council and
applied towards the regeneration of the park.
Page 3 of 8
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
Amendment No. 1
Moved: Cr Wellington
Seconded: Cr Stockwell
The an additional item J be added to the motion to read:
J. That staff consider the viability of traffic and pedestrian management at the Noosa
Drive and Hastings St intersection during the peak Christmas period.
Carried.
Amendment No. 2
Moved: Cr Jackson
Seconded: Cr Stockwell
That the first line of item I of the motion be amended change 40% to 35.5%
Lost.
Amendment No. 3
Moved: Cr Stockwell
Seconded: Cr Glasgow
That an additional item K be added to the motion to read:
K. That staff consider options to enhance the number of free bus services around the
Noosa Heads locality; including the option to add a loop at the end of the existing
Peregian Beach service.
Lost.
Amendment No. 4
Moved: Cr Jackson
Seconded: Cr Stockwell
That items C and D of the motion be amended to read:
C. Not Aaccept Transit Australia Group’s (Sunbus) quotation of $35,377 (excl GST) for a
shuttle service between Peregian Beach and Noosa Heads for both the Christmas and
Easter periods pending further advice from staff in relation to either more cost effective
provision of the service or alternatives to the service that achieve more productive
outcomes;
D. Not Aapprove the installation of temporary decals on the Peregian - Noosa Heads
Shuttle at an estimated cost of $5,740 (excl GST) pending the outcomes of the further
advice referred to in Item C;
Lost.
Page 4 of 8
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 10 October 2017 and:
A. Agree to provide Free Holiday Buses for the Christmas (26 December 2017 to 5
January 2018) and Easter (30 March 2018 to 8 April 2018) periods including the Boreen
Point – Tewantin FlexiLink and Council Cabs services;
B. Accept TransLink’s quotation of $35,988 (excl GST) for the Christmas Free Holiday
buses for Routes 626, 627, 628, 629 and 632;
C. Accept Transit Australia Group’s (Sunbus) quotation of $35,377 (excl GST) for a shuttle
service between Peregian Beach and Noosa Heads for both the Christmas and Easter
periods;
D. Approve the installation of temporary decals on the Peregian - Noosa Heads Shuttle at
an estimated cost of $5,740 (excl GST);
E. Delegate authority to the CEO to finalise negotiations with TransLink for the provision
of the Easter Free Holiday buses for Routes 626, 627, 628, 629 and 632;
F. Approve a marketing budget of $8,440 for the Christmas and Easter Free Holiday
Buses;
G. Approve a budget of $3,526 for a Sunbus passenger assistant to be located at the
Hastings Street bus interchange on 30 - 31 December 2017, 31 March 2018, and 7
April 2018;
H. Approve the use of Noosa Heads Lions Park as a car park for the Christmas (26
December 2017 to 7 January 2018) and Easter periods with the car park to be
managed by the Tewantin-Noosa Lions Club, and set the parking fee to $20 per day
or part thereof; and
I. Approve the allocation of 35.5 40% of the Noosa Heads Lions Park car parking revenue
to the Tewantin-Noosa Lions Club with the remaining revenue to come to Council and
applied towards the regeneration of the park.
J. That staff consider the viability of traffic and pedestrian management at the Noosa
Drive and Hastings St intersection during the peak Christmas period.
Carried.
Page 5 of 8
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
4 PROPOSED AMENDMENTS TO CURRENT LOCAL LAWS
Motion
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 October 2017 and:
A. Repeal Council’s current Local Law Making Process and adopt the updated Local Law
Making Process (as provided at Attachment 1);
B. Propose to make the proposed Administration and Other Local Laws (Amendment)
Local Law (No. 1) 2017 (as provided at Attachment 2);
C. Propose to make the proposed Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2017 (as provided at Attachment 3); with
the following further amendments:
i. For Subordinate Local Law No. 1 (Administration) 2015 Sch 10 (Installation of
advertising devices) include ‘For Lease’ signs within clause (d) and amend the
proposed clause (d)(v) to provide that all signs that relate to the sale/lease of a
property including sold/leased signs may only be displayed for 14 days following
the sale settlement or the signing of the lease;
ii. For Subordinate Local Law No. 2 (Animal Management) 2015 and Subordinate
Local Law No. 3 (Community and Environmental Management) 2015, update the
proposed amended definition of ‘urban area’ to reflect the following – “Urban
area” means the area within the “urban footprint” as that expression is defined in
the South East Queensland Regional Plan 2017 (“the SEQ Regional Plan”) and
more precisely defined in the maps that accompany the SEQ Regional Plan,
including the maps titled SEQ Regional Plan 2017 Regulatory Map SEQ RP1
and SEQ Regional Plan 2017 Regulatory Map SEQ RP 4.
D. Note that Council will comply with the procedures prescribed under section 15 of the
Local Government Regulation 2012 to review the possible anti-competitive provisions
in the proposed amending local laws;
E. Note that Council will consult with the public about the proposed amending local laws
for at least 21 days and comply with the requirements of the public consultation process
as outlined in the local law making process;
F. Authorise the CEO to make any minor formatting amendments to the proposed
amending local laws (if required) prior to the public consultation.
Amendment No. 1
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That the time period in item C i) of the motion be changed from 14 days to 7 days.
Carried.
Page 6 of 8
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
Amendment No. 2
Moved: Cr Wilkie
Seconded: Cr Stockwell
That the time period in item C i) of the motion be changed from 7 days to 24 hrs.
Lost.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 October 2017 and:
A. Repeal Council’s current Local Law Making Process and adopt the updated Local Law
Making Process (as provided at Attachment 1);
B. Propose to make the proposed Administration and Other Local Laws (Amendment)
Local Law (No. 1) 2017 (as provided at Attachment 2);
C. Propose to make the proposed Administration and Other Subordinate Local Laws
(Amendment) Subordinate Local Law (No. 1) 2017 (as provided at Attachment 3); with
the following further amendments:
i. For Subordinate Local Law No. 1 (Administration) 2015 Sch 10 (Installation of
advertising devices) include ‘For Lease’ signs within clause (d) and amend the
proposed clause (d)(v) to provide that all signs that relate to the sale/lease of a
property including sold/leased signs may only be displayed for 7 days following
the sale settlement or the signing of the lease;
ii. For Subordinate Local Law No. 2 (Animal Management) 2015 and Subordinate
Local Law No. 3 (Community and Environmental Management) 2015, update the
proposed amended definition of ‘urban area’ to reflect the following – “Urban
area” means the area within the “urban footprint” as that expression is defined in
the South East Queensland Regional Plan 2017 (“the SEQ Regional Plan”) and
more precisely defined in the maps that accompany the SEQ Regional Plan,
including the maps titled SEQ Regional Plan 2017 Regulatory Map SEQ RP1
and SEQ Regional Plan 2017 Regulatory Map SEQ RP 4.
D. Note that Council will comply with the procedures prescribed under section 15 of the
Local Government Regulation 2012 to review the possible anti-competitive provisions
in the proposed amending local laws;
E. Note that Council will consult with the public about the proposed amending local laws
for at least 21 days and comply with the requirements of the public consultation process
as outlined in the local law making process;
F. Authorise the CEO to make any minor formatting amendments to the proposed
amending local laws (if required) prior to the public consultation.
Carried.
Page 7 of 8
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 OCTOBER 2017
5 EXPRESSIONS OF INTEREST RESULTS FOR THE COMMERCIAL LEASE OF COUNCIL
LAND AT 4 JARRAH ST, COOROY
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Wellington
That Council note the report by the Property Advisor to the General Committee Meeting dated
16 October 2017 regarding the expressions of interest process undertaken for the
commercial lease of Council land at 4 Jarrah St Cooroy (formally described as Lot 2
RP176126), and:
A. Agree to enter a commercial lease of the site to Eco Cottages Pty Ltd for a four (4) year
term;
B. Agree to an initial rent-free period of 4 months and deferral of a further 3 months’ rent
payments to the second year of the lease; and
C. Authorise the CEO to award two subsequent lease extensions of 3 years, subject to
the lessee complying with the terms of the lease.
Carried.
6 FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2017
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 October 2017 outlining September year to date financial performance
against budget.
Carried.
Page 8 of 8