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2021-10-21 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday 21 October, 2021
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 21 OCTOBER 2021
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
K Contini, Director Community Services
A Dow, Acting Director Environment & Sustainable Development
D Iezzi, Director Executive Services
L Sengstock, Director Infrastructure Services
APOLOGIES
T Grauf, Acting Director Corporate Services
The meeting commenced at 5.01pm.
2 CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
The Minutes of the Ordinary Meeting held on 16 September 2021 be received and confirmed.
Carried unanimously.
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Finzel
The Minutes of the Special Meeting held on 8 October 2021 be received and confirmed.
Carried unanimously.
Page 2 of 41
Section 3
ORDINARY MEETING MINUTES 21 OCTOBER 2021
3 MAYORAL MINUTES
MAYORAL MINUTE
I hereby give notice of my intention to move the following motion at the Ordinary Meeting on
Thursday, 21 October 2021:
1 RETIREMENT OF CHIEF EXECUTIVE OFFICER
Moved: Cr Stewart
That Council:
A. Acknowledge the contribution made by outgoing Chief Executive Officer, Brett de
Chastel through his dedicated service to local government for over 32 years;
B. Recognise his leadership of Noosa Council as Chief Executive Officer since 2014; and
C. Wish him all the very best as he embarks on his well-deserved retirement.
Carried unanimously.
BACKGROUND
On Tuesday 02 November 2021, Noosa Council Chief Executive Officer, Brett de Chastel, will retire:
bringing to an end a distinguished 32-year career in local government.
Following an early career as a lawyer, Mr de Chastel commenced with Ipswich City Council as their
in-house lawyer. He was appointed to Noosa Council in 2001 as the Director of Corporate Services
and brought a strong focus on sustainable financial management and sound processes to deliver
good decision making. He was the lead in Council’s response to the Size, Shape and Sustainability
process which sought to provide greater efficiencies in local government. He was able to
demonstrate Noosa Council’s long-term sustainability and close connection to community values.
Following amalgamation he spent five years providing advice and support to Queensland local
governments as a consultant. He then supported the de-amalgamation campaign to help
demonstrate to the State government that a de-amalgamated Council could be successful.
In 2014 Mr de Chastel was appointed to the position of the first Chief Executive Officer of the new
formed Noosa Council following Council’s de-amalgamation from Sunshine Coast Regional Council.
In eight years in the CEO role, Mr de Chastel has overseen the creation of the new Noosa Council
from its infancy in developing foundation systems and services to now a highly capable local
government offering services and policies that are in keeping with community values and that they
can be proud of.
Under his stewardship the Council has:
strengthened its financial foundation and maintained a focus on good governance;
developed a full suite of policies and plans most notably the new Noosa Plan 2020, Social
Strategy, Environment Strategy and Local Economic Plan;
planned and delivered a large annual capital works program with key infrastructure delivered
including the award winning Peregian Digital Hub and Park Road Boardwalk;
implemented strategic initiatives to respond to contemporary challenges such as the Go Noosa
transport strategy and Zero Emissions Noosa;
capably handled a range of community challenges including John’s Landing, the 2019
bushfires and Covid-19; and
championed legacy projects with a standout being the Yurol Ringtail Forest land transfer which
will protect 2,400 hectares of forest.
Page 3 of 41
Section 4
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Mr de Chastel has also put back into the local government sector through his membership of the
board of the Local Government Managers Association, most recently as the current LGMA State
President. He has a passion for mentoring up and coming leaders and in supporting indigenous
councils.
Known for his calm manner and integrity, Mr de Chastel has capably guided three Mayors and groups
of Councillors, the Executive and over 450 staff through the challenges and opportunities found in
leading a local government. He has a great care for people and making a positive difference through
public service. He has been committed to the importance of local government as the level of
government closest to the community, to listening to the community and working hand-in-hand with
them to deliver the best outcomes for now and into the future.
Following 20 years with Noosa Council, Mr de Chastel is now retiring to pursue his volunteer work
and enjoy time with his family. We wish him all the very best.
21 October 2021
.......................................................................... ......................................................................
Cr Clare Stewart Date
Page 4 of 41
Section 5
ORDINARY MEETING MINUTES 21 OCTOBER 2021
4 PETITIONS
1 PETITION: REQUEST FOR TRAFFIC CALMING IN REEF STREET NOOSAVILLE
Refer to Attachment 1
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That the petition signed by 56 people tabled by Cr Lorentson requesting traffic calming
in Reef St Noosaville, be received, and referred to the Chief Executive Officer to
determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 5 of 41
Section 6
ORDINARY MEETING MINUTES 21 OCTOBER 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 OCTOBER 2021
8 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – AUGUST 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 Craig Anthony Tindale and Michelle Tindale listed in the report at Item
99, Application No. SPS21/0247; and Sean Patrick Hunt and Kirsten Renee Schacht listed in the report
at Item 109, Application ID SPS21/0262. 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 Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in regard to
Item 1, Application ID 51986.3023.03 by Natani Design Pty Ltd. In April 2021 I engaged Natani Design
Pty Ltd to design my private residence at Boreen Point for an amount of $4,510. This arrangement is
currently active. As a result of my conflict of interest, I will now leave the meeting room while the matter
is considered and voted on.
Cr Stockwell left the meeting.
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 James St Baker, listed in the report at Item 110, Application No. SPS21/0263.
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.
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 I have a
close personal relationship with Andrew James St Baker and Cathryn Jeanne St Baker listed in the
report at Item 110, Application No. SPS/21/0263. 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.
Cr Wilkie assumed the Chair for the purpose of considering the conflict of interest declarations.
Page 6 of 41
Section 7
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
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 Craig Anthony Tindale and Michelle Tindale and Sean Patrick
Hunt and Kirsten Renee Schacht, 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 and Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
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 personal relationship Andrew James 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 and Lorentson did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that although
Cr Lorentson has a personal relationship Andrew James St Baker and Cathryn Jeanne 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 and Lorentson did not vote on the above motion.
Cr Stewart resumed the chair.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Development Assessment Manger to the Planning &
Environment Committee Meeting dated 12 October 2021 regarding planning applications that
have been decided by delegated authority.
Carried unanimously.
Cr Stockwell returned to the meeting.
Page 7 of 41
Section 8
ORDINARY MEETING MINUTES 21 OCTOBER 2021
The following Recommendations from the Planning & Environment Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
That the report of the Planning & Environment Committee dated 12 October 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 CLIMATE CHANGE RESPONSE PLAN COMMUNITY REFERENCE GROUP –
EXPRESSION OF INTEREST OUTCOME
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
4 MCU18/0009.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT & SPECIAL NEEDS AT
186 COOROY-NOOSA ROAD & 4 CARRAMAR ST, TEWANTIN
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0009.04 for a
Minor Change to a Development Permit for Material Change of Use - Residential Care Facility
situated at 186 Cooroy Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
A. Approve the change.
B. Amend condition 1 to read as follows:
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
A101A Existing Part Site Plan by Middap Architecture Feb 2019
A102A Proposed Site Works Plan by Middap Architecture Feb 2019
A103B B Proposed Building Plan by Middap Architecture Feb 2019
A104B B Site Plan with Section and Elevation References by 18.03.2019
Middap Architecture
Page 8 of 41
Section 9
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Plan No. Rev. Plan/Document Name Date
A105B B Site Elevations by Middap Architecture 18.03.2019
A106B B Typical Villa Sections by Middap Architecture 18.03.2019
A201B B Villas and Service Core Floor and Roof Plan by Middap 18.03.2019
Architecture
A202B B Proposed Villas and Service Core 3D Views by Middap 18.03.2019
Architecture
A203A Proposed Entry Building Floor and Roof Plan by Middap 18.03.2019
Architecture
A204A Proposed Entry Building Elevations and 3D Views by 18.03.2019
Middap Architecture
A205B B Proposed Villa 1 and 2 Floor and Roof Plan by Middap 18.03.2019
Architecture
A206B B Proposed Villa 1 and 2 Elevation and 3D Views by 18.03.2019
Middap Architecture
A207A Proposed Villa 3 and 4 Floor and Roof Plan by Middap 18.03.2019
Architecture
A208A Proposed Villa 3 and 4 Elevation and 3D Views by 18.03.2019
Middap Architecture
1 PART SITE PLAN Received by
Council on
03.04.2020
2 BOUNDARY ELEVATION Received by
Council on
03.04.2020
1714-20 I Design Features Plan 1 of 7 by Callaghan & Toth Civil, November
Environmental & Hydraulic Engineers 2020
1714-27 I Design Setout Plan 1 of 6 by Callaghan & Toth Civil, November
Environmental & Hydraulic Engineers 2020
16519- D Proposed Permanent and Event Day Parking prepared by 08.09.20
C101 TOD Engineers & Project Managers as amended in red
by Council
CD01 P4 Site Plan, prepared by Middap Architecture March 2019
CD 02 - Floor Plan, prepared by Middap Architecture July 2021
P4
C. Include additional Conditions 55, 56 and 57 to read as follows:
Sunset period for temporary staff accommodation.
55. This development approval for 2 temporary accommodation units lapses on 21
October 2026, unless an application to extend the approval is approved by Council.
56. The 2 temporary accommodation units must be for the primary use of staff of the
residential care facility.
57. The 2 temporary staff accommodation units must be connected to the approved
stormwater water management system on site. An updated stormwater
management plan incorporating the units must be submitted to Council prior to the
issue of a Building approval.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 9 of 41
Section 10
ORDINARY MEETING MINUTES 21 OCTOBER 2021
5 MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION, SITUATED AT
1 & 2/10 HILL ST SUNSHINE BEACH INFORMATION
That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
for further consideration.
6 MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT TERM
ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES, SUNSHINE BEACH
That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
for further consideration.
7 RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A JIRRIMA
CRES, COOROIBAH
That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
due to the significance of the issue.
9 DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JANUARY TO
30 JUNE 2021
That Council note the report by the Manger Development Assessment to Planning &
Environment Committee Meeting dated 12 October 2021 regarding waiver or partial waiver of
development application fees for 1 January to 30 June 2021 as detailed in the Report
10 PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
That Planning & Environment Committee Agenda Item 10 be referred to the General
Committee due to the significance of the issue.
Page 10 of 41
Section 11
ORDINARY MEETING MINUTES 21 OCTOBER 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 OCTOBER 2021
3 CONTRACT NO. T000048 TRAFFIC CONTROL SERVICES - TENDER AWARD
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the report by the Acting Civil Operations Manager to the Services &
Organisation Committee Meeting dated 12 October 2021 regarding Contract No. T000048 for
Traffic Control Service and defer a decision on the awarding of this tender on the basis that
Council has been advised that the preferred tenderer has sold their business to a different
entity and request the CEO to provide advice to a future Council meeting on how to finalise
this tender process given that circumstance.
Carried unanimously.
5 NOOSA SHIRE COUNCIL SOLE AND SPECIALISED SUPPLIER LISTS
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
husband is the General Manager of Page Furnishers Pty Ltd listed as No. 20 on the Specialist Suppliers
List. Although I have a declarable conflict of interest and I do not believe a reasonable person could
have a perception of bias, I will leave the room for the meeting for the debate and discussion on this
matter.
Cr Lorentson left the meeting.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a prescribed conflict of interest in this matter:
I, Cr Stockwell, have a long-standing business relationship with Healthy Land and Water Ltd who are
noted in the Specialised Supplier List at No. 43. I subcontract this organisation as part of my sole trader
consultancy (trading as Watershed Australia). Healthy Land and Water provide me with Geographical
Information Systems (GIS) support and mapping services. This business arrangement commenced in
2017 with invoiced work currently totalling a value of over $67,000.I have no current contracts. As a
result of my prescribed conflict of interest, I will leave the room while the matter is considered and voted
on.
Cr Stockwell left the meeting.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Procurement & Contracts Advisor to the Services &
Organisation Committee Meeting dated 12 October 2021 and
A. Adopt the Sole Supplier list provided at Attachment 1 to the report for the next twelve
(12) months; and
B. Adopt the Specialised Supplier list provided at 2 to the report for the next twelve (12)
months.
Carried unanimously.
Crs Lorentson and Stockwell returned to the meeting.
Page 11 of 41
Section 12
ORDINARY MEETING MINUTES 21 OCTOBER 2021
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the report of the Services & Organisation Committee dated 12 October 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 NOOSA FM LEASE AT THE J
That Council note the report by the Community Facilities Manager to the Services &
Organisation Committee Meeting dated 12 October 2021 and:
A. Authorise the Chief Executive Officer to extinguish the current Noosa FM lease at The J;
and
B. Authorise the Chief Executive Officer to enter into negotiations with Noosa FM for a new
3-year lease at The J with an option of two further 3-year lease terms (in accordance
with the Community Purpose Land and Infrastructure Tenure Policy) at Council’s sole
discretion; and
C. Apply the exception to the requirement for tendering of the lease under Section 236 (1)
(b) (ii) of the Local Government Regulation 2012, as the lease is to a community
organisation.
2 CONTRACT NO. T000047 PAVEMENT MARKING SERVICES - TENDER AWARD
That Council note the report by the Acting Civil Operations Manager to the Services &
Organisation Committee Meeting dated 12 October 2021 and
A. Award Contract No. T000047 for the provision of Pavement Marking Services to Cook
Family Holdings Pty Ltd ATF The Cook Family Trust t/as Suncoast Roadmarking for a
period of two (2) years commencing on 31 October 2021; and
B. Subject to satisfactory performance by Cook Family Holdings Pty Ltd ATF The Cook
Family Trust t/as Suncoast Roadmarking, authorise the CEO to approve the option to
extend the contract at the expiry of the first two (2) year term for a further three (3) terms
of up to 12 months each ending 31 October 2026.
4 COUNCIL MEETING SCHEDULE 2022
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 12 October 2021 and approve the Council meeting dates for 2022
as set out in Attachment 1 to the report.
6 WASTE MANAGEMENT - 6 MONTHLY REPORT JANUARY-JUNE 2021
That Council note the report by the Waste Manager to the Services and Organisation
Committee meeting dated 12 October 2021, providing an update on the activities of the Waste
section for January to June 2021.
Page 12 of 41
Section 13
ORDINARY MEETING MINUTES 21 OCTOBER 2021
3 GENERAL COMMITTEE MEETING REPORT – 18 OCTOBER 2021
1 CLIMATE CHANGE RESPONSE PLAN COMMUNITY REFERENCE GROUP –
EXPRESSION OF INTEREST OUTCOME
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 is a member of the executive committee of the Eastern Beaches Protection
Association Inc. During my election campaign my brother helped me with my campaign, handed out
voting cards and two of my election signs were outside his property on David Low Way. The Eastern
Beaches Protection Association have nominated a representative to be a member of the Climate
Change Response Plan Community Reference Group. 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 without voting
regarding this matter.
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). The Eastern Beaches Protection
Association have nominated a representative to be a member of the Climate Change Response Plan
Community Reference Group. 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.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Jurisevic
That it is in the public interest that Cr Lorentson participates and votes on this matter because Council
believes that Cr Lorentson can make a fair and impartial decision and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Crs Lorentson and Finzel did not vote on the above motion.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public
interest that Cr Finzel participates and votes on this matter because Council believes that Cr Finzel can
make a fair and impartial decision and therefore a reasonable person would trust that the final decision
is made in the public interest.
Carried unanimously.
Crs Lorentson and Finzel did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
That Council note the report by the Carbon Reduction Project Officer to the Planning &
Environment Committee Meeting dated 12 October 2021 about the Expression of Interest
Page 13 of 41
Section 14
ORDINARY MEETING MINUTES 21 OCTOBER 2021
process for the Climate Change Response Plan Community Reference Group (CRG.); and
A. Appoint Councillor Finzel and Councillor Wilkie as members of the CRG with those
appointments to be reviewed after 6 months; and
B. Appoint the following community representatives to the CRG.
Name Sectors represented (as nominated by Organisation (where
the candidate) relevant)
Carina Anderson Transport, health ZEN Inc
Niki Brand Rural/agriculture
Sharon Campbell Health , Community /households
Madeleine Cleland Young people, Natural environment
Natalie Frost Natural environment Sunshine Coast Environment
Council
Ann Gardiner Transport, Community /households Cooran Earth Rights
Brian Hoepper Education, Community /households Peregian Beach Community
Association
Matt Harold Business, Tourism
Nick Hluszko Community /households Noosa North Shore
Association Inc.
Aaron Jenkins Business EcoVantage
Anne Kennedy Business ZEN Inc
Pat Rogers Community /households, Natural Eastern Beaches Protection
environment Association
Carried unanimously.
2 PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
The following material was presented to the meeting in relation to this item:
Cr Lorentson document - refer to Attachment 2
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
husband and I own a townhouse at 2/17 Noosa Parade that is being used as STA. Although I have a
declarable conflict of interest in this item, I believe that the proposed STA Local Laws has significant
Shire wide implications, including significant amenity impacts for residents of permanent housing and it
is therefore in the community’s best interest that I remain in the room. In Council’s own Cost Benefit
Assessment Report for proposed Local Law Amendment STA and Home hosted accommodation it
states “potential beneficiaries within the Noosa Shire from the proposed local law include 10,610
residential properties consisting of an estimated 26,525 persons, and as such represent a significant
portion of the local community. The benefits of the proposed local law on resident health and amenity
are estimated at $9.65m pa”. Further, I am concerned that if I voluntarily remove myself from this
process, it will mean a loss of representation for a range of ratepayers who deserve to have their voices
heard via my representation. I believe that I can consider this matter impartially and in the public interest
and 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 under whatever conditions my fellow
Councillors may choose.
Page 14 of 41
Section 15
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that Cr
Lorentson can consider the matter impartially and a reasonable person would trust that the final decision
is made in the public interest.
For: Cr Stewart, Wilkie, Finzel, Jurisevic and Stockwell
Against: Cr Wegener
Carried.
Cr Lorentson did not vote on the above motion.
Motion
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 and resolve to:
A. Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
2021 (see Attachment 3) as advertised, but amended as follows:
1. after section 1 —
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
B. Proceed with the making of, and make, Administration (Amendment) Subordinate Local
Law (No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
1. after section 1—
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
2. amendments to Subordinate Local Law, section 5 (Insertion of new sch21A —
Operation of short stay letting or home hosted accommodation) —
(a) section 2(b)(v) —
omit.
(b) section 2(b)(vi) to (xii)—
renumber as section 2(b)(v) to (xi).
(c) section 3(d)(i) —
omit, insert—
‘(i) a site plan showing the location of all buildings, including any outdoor
entertainment area, swimming pool or spa, vehicle parking area and
the location of each window and door opening of any adjoining
residence; and’.
(d) section 3(g) —
omit, insert—
‘(g) written confirmation that, under the Building Act 1975—
(i) the premises are lawfully constructed; and
(ii) the use of the premises for the prescribed activity is authorised
by the classification attributable to the premises; and’.
Page 15 of 41
Section 16
ORDINARY MEETING MINUTES 21 OCTOBER 2021
(e) section 3(h) after ‘inspector’—
insert—
‘and that a current pool safety certificate will be maintained at all times’.
(f) section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(g) section 4(e)(ii), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(h) section 4(f), after ‘property manager’—
insert—
‘, security firm’.
(i) section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(j) section 6(2)(a), after ‘manager’—
insert—
‘, security firm’.
(k) section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(l) section 6(2)(b)(i), ‘contact person’—
omit, insert—
‘approval’.
(m) section 6(2)(b)(ii), ‘contact person’—
omit, insert—
‘approval’.
(n) section 6(2)(b)(iii)—
omit, insert—
‘(iii) the size of the approval notice must be a minimum and maximum size
of 0.2m2; and’.
(o) section 6(2)(b)(iv)—
omit, insert—
‘(iv) the approval notice must specify, in letters and numbers not less than
50mm in height—
(A) the current, and up to date, contact details for a complaint; and
(B) the approval number allocated by the local government to the
approval for the undertaking of the prescribed activity at the
premises; and’.
(p) section 6(2)(c), from ‘make available’ to ‘scheme’—
omit, insert—
‘display an approval notice which complies with the requirements specified
in subsection (2)(b)(i) to (iv) inclusive’.
(q) section 6(3)(a), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
Page 16 of 41
Section 17
ORDINARY MEETING MINUTES 21 OCTOBER 2021
(r) section 6(3)(d), ‘vehicles on the premises’—
omit, insert—
‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
(s) after section 6(3)(h)(ii)—
insert—
‘(iii) if the premises are not provided with a kerb side frontage general waste
collection service — ensure that general waste from the premises is
removed from the premises and disposed of at a general waste facility;
and’.
(t) section 6(3)(j), after ‘minimum,’—
insert—
‘and for a period of not less than 2 years,’.
(u) section 6(3)(k)—
(i) after ‘, must’—
insert—
‘, for a period of not less than 2 years,’;
(ii) ‘premises for short stay letting’—
omit, insert—
‘premises’;
(iii) ‘for short stay letting on’—
omit, insert—
‘on’.
(v) section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
omit.
(w) section 6(3)(m)(ii), after ‘outdoor’—
insert—
‘entertainment area,’.
(x) section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(y) section 7(1), ‘12 months from the date of the approval’—
omit, insert—
‘on the next 30th day of June, unless otherwise specified in the approval’.
(z) section 9, definition contact person, ‘section 4(g)’—
omit, insert—
‘section 4(f)’.
(aa) section 9, ‘contact person’—
omit, insert—
‘approval’.
C. Note that each of Administration (Amendment) Local Law (No. 1) 2021 and
Administration (Amendment) Subordinate Local Law (No. 1) 2021 contain anti-
competitive provisions;
D. Having considered the content of the public interest test report in relation to anti-
competitive provisions contained in each of Administration (Amendment) Local Law (No.
1) 2021 and Administration (Amendment) Subordinate Local Law (No. 1) 2021, in
Page 17 of 41
Section 18
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Attachment 7, note the content of the report and implement the recommendations of the
report;
E. Adopt, pursuant to section 32 of the Local Government Act 2009:
(a) a consolidated version of Noosa Shire Council Local Law No. 1 (Administration)
2015 in the form in Attachment 8; and
(b) a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in
the form in Attachment 9;
with a commencement date of 1 February 2022;
F. Fund the additional costs for 2021/22 year for implementation, administration and
resource requirements of the short stay letting and home hosted accommodation local
law through budget review, including:
(a) two additional (2) temporary full time local laws assessment and compliance
officers for a term of 3 years (including one vehicle);
(b) establishment of an external 24/7 complaints hotline; and
(c) engagement of after-hours security services to observe and record activity at
properties when required;
G. Waive application fees for the 2021/2022 financial year and refer the review of funding
options and fee structure to the 2022/23 budget process;
H. Prepare a dedicated Council webpage including a local laws approval register and
prepare a “good management of short stay letting” guide;
I. Authorise the CEO to make minor amendments to the documents.
J. That Council establish a multi-interest stakeholder group for ongoing consultation in
regard to the management of short term accommodation in the Shire, including
undertaking a review of the operation of the Short Stay Letting or Home hosted
accommodation Local Law after 12 months to determine if any changes are needed to
enhance its operations and that a report be provided to Council for consideration
following that review.
Amendment
Moved: Cr Lorentson
Seconded: Cr Finzel
That Item J be amended to read:
J. That Council establish a multi-interest stakeholder group for ongoing consultation in
regard to the management of short term accommodation in the Shire, including
undertaking a review of the operation of the Short Stay Letting or Home hosted
accommodation Local Law after 12 months to determine if any changes are needed to
enhance its operations and that a report be provided to Council for consideration
following that review and further, request the multi-interest stakeholder group to
consider the alternative option presented in the submission phase by P & E Law as part
of that process.
For: Cr Lorentson
Against: Crs Stockwell, Jurisevic, Wilkie, Stewart, Finzel and Wegener
Lost.
Page 18 of 41
Section 19
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Council Resolution
Moved: Cr Stewart
Seconded: Cr Jurisevic
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 and resolve to:
A. Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
2021 (see Attachment 3) as advertised, but amended as follows:
1. after section 1 —
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
B. Proceed with the making of, and make, Administration (Amendment) Subordinate Local
Law (No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
1. after section 1—
insert—
‘1A. Commencement
Part 2 commences on 1 February 2022.’.
2. amendments to Subordinate Local Law, section 5 (Insertion of
new sch21A — Operation of short stay letting or home hosted
accommodation) —
(a) section 2(b)(v) —
omit.
(b) section 2(b)(vi) to (xii)—
renumber as section 2(b)(v) to (xi).
(c) section 3(d)(i) —
omit, insert—
‘(i) a site plan showing the location of all buildings, including any outdoor
entertainment area, swimming pool or spa, vehicle parking area and
the location of each window and door opening of any adjoining
residence; and’.
(d) section 3(g) —
omit, insert—
‘(g) written confirmation that, under the Building Act 1975—
(i) the premises are lawfully constructed; and
(ii) the use of the premises for the prescribed activity is authorised
by the classification attributable to the premises; and’.
(e) section 3(h) after ‘inspector’—
insert—
‘and that a current pool safety certificate will be maintained at all times’.
(f) section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(g) section 4(e)(ii), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(h) section 4(f), after ‘property manager’—
Page 19 of 41
Section 20
ORDINARY MEETING MINUTES 21 OCTOBER 2021
insert—
‘, security firm’.
(i) section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(j) section 6(2)(a), after ‘manager’—
insert—
‘, security firm’.
(k) section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
omit, insert—
‘a 20 kilometre radius’.
(l) section 6(2)(b)(i), ‘contact person’—
omit, insert—
‘approval’.
(m) section 6(2)(b)(ii), ‘contact person’—
omit, insert—
‘approval’.
(n) section 6(2)(b)(iii)—
omit, insert—
‘(iii) the size of the approval notice must be a minimum and maximum size
of 0.2m2; and’.
(o) section 6(2)(b)(iv)—
omit, insert—
‘(iv) the approval notice must specify, in letters and numbers not less than
50mm in height—
(A) the current, and up to date, contact details for a complaint; and
(B) the approval number allocated by the local government to the
approval for the undertaking of the prescribed activity at the
premises; and’.
(p) section 6(2)(c), from ‘make available’ to ‘scheme’—
omit, insert—
‘display an approval notice which complies with the requirements specified
in subsection (2)(b)(i) to (iv) inclusive’.
(q) section 6(3)(a), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(r) section 6(3)(d), ‘vehicles on the premises’—
omit, insert—
‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
(s) after section 6(3)(h)(ii)—
insert—
‘(iii) if the premises are not provided with a kerb side frontage general waste
collection service — ensure that general waste from the premises is
removed from the premises and disposed of at a general waste facility;
and’.
(t) section 6(3)(j), after ‘minimum,’—
Page 20 of 41
Section 21
ORDINARY MEETING MINUTES 21 OCTOBER 2021
insert—
‘and for a period of not less than 2 years,’.
(u) section 6(3)(k)—
(i) after ‘, must’—
insert—
‘, for a period of not less than 2 years,’;
(ii) ‘premises for short stay letting’—
omit, insert—
‘premises’;
(iii) ‘for short stay letting on’—
omit, insert—
‘on’.
(v) section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
omit.
(w) section 6(3)(m)(ii), after ‘outdoor’—
insert—
‘entertainment area,’.
(x) section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
omit, insert—
‘residents adjoining, or in the vicinity of, the premises’.
(y) section 7(1), ‘12 months from the date of the approval’—
omit, insert—
‘on the next 30th day of June, unless otherwise specified in the approval’.
(z) section 9, definition contact person, ‘section 4(g)’—
omit, insert—
‘section 4(f)’.
(aa) section 9, ‘contact person’—
omit, insert—
‘approval’.
C. Note that each of Administration (Amendment) Local Law (No. 1) 2021 and
Administration (Amendment) Subordinate Local Law (No. 1) 2021 contain anti-
competitive provisions;
D. Having considered the content of the public interest test report in relation to anti-
competitive provisions contained in each of Administration (Amendment) Local Law (No.
1) 2021 and Administration (Amendment) Subordinate Local Law (No. 1) 2021, in
Attachment 7, note the content of the report and implement the recommendations of the
report;
E. Adopt, pursuant to section 32 of the Local Government Act 2009:
(a) a consolidated version of Noosa Shire Council Local Law No. 1 (Administration)
2015 in the form in Attachment 8; and
(b) a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in
the form in Attachment 9;
with a commencement date of 1 February 2022;
F. Fund the additional costs for 2021/22 year for implementation, administration and
resource requirements of the short stay letting and home hosted accommodation local
law through budget review, including:
Page 21 of 41
Section 22
ORDINARY MEETING MINUTES 21 OCTOBER 2021
(a) two additional (2) temporary full time local laws assessment and compliance
officers for a term of 3 years (including one vehicle);
(b) establishment of an external 24/7 complaints hotline; and
(c) engagement of after-hours security services to observe and record activity at
properties when required;
G. Waive application fees for the 2021/2022 financial year and refer the review of funding
options and fee structure to the 2022/23 budget process;
H. Prepare a dedicated Council webpage including a local laws approval register and
prepare a “good management of short stay letting” guide;
I. Authorise the CEO to make minor amendments to the documents.
J. That Council establish a multi-interest stakeholder group for ongoing consultation in
regard to the management of short term accommodation in the Shire, including
undertaking a review of the operation of the Short Stay Letting or Home hosted
accommodation Local Law after 12 months to determine if any changes are needed to
enhance its operations and that a report be provided to Council for consideration
following that review.
For: Crs Stewart, Wilkie, Stockwell, Finzel, Jurisevic and Wegener
Against: Cr Lorentson
Carried.
4 MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION, SITUATED AT
1 & 2/10 HILL ST SUNSHINE BEACH
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0006.03 &
OPW18/0012.03 for an Other Change to a Development Permit for Material Change of Use
Multiple Housing - Type 2 Duplex and Operational Works (Stormwater, earthworks, carparking,
landscaping), to include Short Term Accommodation, situated at 1 & 2/10 Hill St, Sunshine
Beach and note that the applicant has withdrawn their application pursuant to s52 of the
Planning Act 2016.
Carried unanimously.
6 RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A JIRRIMA
CRES, COOROIBAH
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 October 2021regarding Application No. RAL20/0014 for a
Development Permit for Reconfiguring A Lot – 1 lot into 2 lots, situated at 9A Jirrima Cres
Cooroibah and:
A. Refuse the application for the following reasons:
Page 22 of 41
Section 23
ORDINARY MEETING MINUTES 21 OCTOBER 2021
1. The proposal is not consistent with the Overall Outcome 13.7.2 c), d) and e),
Specific Outcomes O2, O5, O7 and O15 of the Noosa Plan 2006 Biodiversity
Overlay Code as:
a. The proposal seeks to undertake development in the riparian buffer.
b. A 20m wide easement is required for firefighting purposes within the riparian
buffer which requires clearing of vegetation.
c. Fill within the riparian buffer for the driveway and firefighting appliances has
the potential to adversely impact on the ecological and hydrological values
of the riparian buffer area.
d. The proposal is likely to result in the removal of koala habitat for a new lot
boundary.
2. The proposal is not consistent with 13.30.2 of the Natural Hazards Overlay Code
for bushfire hazards as the proposed bushfire risk mitigation treatments impacts
the riparian buffer and requires clear clearing of part of the riparian buffer.
3. The proposal is not consistent with 14.181.2 a), c), g), and Specific Outcomes O1,
O20 and O22 of the Reconfiguring a Lot Code as:
a. The development does not meet the minimum lot size, and provide for the
retention of the site’s natural environmental values and will result in clearing
koala habitat and part of the riparian buffer.
4. The proposal does not comply with the Noosa Plan 2020 as:
a. The applicant proposes development in the riparian buffer.
b. It is removing vegetation within the riparian buffer and not protecting an
ecologically important area.
c. The proposal places people and property at risk as the driveway cannot be
constructed to a suitable standard for firefighting without the clearing of
vegetation in the riparian buffer.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Page 23 of 41
Section 24
ORDINARY MEETING MINUTES 21 OCTOBER 2021
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the report of the General Committee dated 18 October 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
3 51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an
Other Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple
dwelling and 8 shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa
Heads and:
A. Approve the application.
B. Change condition 1 to read as follows:
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.
Plan Rev. Plan, prepared by Date
No.
No.1 Perspectives & Notes, prepared by Accolade Building Designs 22/07/2014
No.3 Ground Floor & 1st Level, prepared by Accolade Building 22/07/2014
Designs
No.4 Elevations, prepared by Accolade Building Designs 22/07/2014
Approved Plans - October 2015
Plan Rev. Plan, prepared by Date
No.
DA A Site Plan, prepared by Peter Hull Architect Sept 15
3001
DA B Floor Plans, prepared by Peter Hull Architect Sept 15
3002
DA A Ground Floor and Carport Plan, prepared by Peter Hull Sept 15
3004 Architect
DA B Sections, prepared by Peter Hull Architect Sept 15
4001
DA B Elevations, prepared by Peter Hull Architect Sept 15
5001
Approved Plans – March 2016
Page 24 of 41
Section 25
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Plan Rev. Plan, prepared by Date
No.
GRND FLR – Proposed (Unit 14), prepared by LPID 14/10/2015
Elevation (Unit 14) – East Facing (Street Frontage), prepared 14/10/2015
by LPID
Elevation – North Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – South Facing (Unit 14), prepared by LPID 14/10/2015
Elevation – West Facing (Unit 14), prepared by LPID 14/10/2015
3D Views – Exterior (Unit 14), prepared by LPID 14/10/2015
GRND FLR – Proposed (Unit 25), prepared by LPID 14/10/2015
Elevation (Unit 25) – South View, prepared by LPID 14/10/2015
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by LPID 14/10/2015
3D Views – Exterior (Unit 25), prepared by LPID 14/10/2015
Approved plans – May 2016
Plan Rev. Plan, prepared by Date
No.
DA.0 B Location Plan prepared by Bark Design Architects 26/02/2016
1
DA.0 C Site Plan prepared by Bark Design Architects 23/02/2016
2
DA.0 C Ground Floor Plan prepared by Bark Design Architects 23/02/2016
4
DA.0 C First Floor Plan prepared by Bark Design Architects 23/02/2016
5
DA.0 C Second Floor Plan prepared by Bark Design Architects 23/02/2016
6
DA.0 C Roof Terrace Plan prepared by Bark Design Architects 23/02/2016
7
DA.1 B South Elevation prepared by Bark Design Architects 26/02/2016
1
DA.1 B East Elevation prepared by Bark Design Architects 26/02/2016
2
DA.1 B North Elevation prepared by Bark Design Architects 26/02/2016
3
DA.1 B West Elevation prepared by Bark Design Architects 26/02/2016
4
Approved plans – March 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building Designs 23 March 2017
Sheet 3
Page 25 of 41
Section 26
ORDINARY MEETING MINUTES 21 OCTOBER 2021
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting March 2017
Elevations, prepared by Mandy’s Design and Drafting March 2017
Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building Designs 23 March 2017
Sheet 1
1016HMK Floor Plans, prepared by Accolade Building Designs 23 March 2017
Sheet 2
1016HMK Ground Floor plan, prepared by Accolade Building Designs 23 March 2017
Sheet 3
1016HMK Elevations, prepared by Accolade Building Designs 23 March 2017
Sheet 4
Approved plans – August 2017 Unit 5
Plan No. Rev. Plan, prepared
by
Sheet 1 of 4 Site Plan, prepared by Mandy’s Design and Drafting July 2017
Issue A
Sheet 2 of 4 Existing Floor Plans, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 3 of 4 Proposed floor plan, prepared by Mandy’s Design and July 2017
Issue A Drafting
Sheet 4 of 4 Elevations, prepared by Mandy’s Design and Drafting July 2017
Issue A
Approved Plans – April 2018 Unit 21
Plan No. Rev. Plan, prepared
by
Sheet 1 of 6 Proposed Partial Enclosure of Ground Level Under Existing 26/04/2018
Unit, prepared by Accolade Building Designs
Sheet 2 of 6 Proposed Partial Enclosure of Ground Level Under Existing 26/04/2018
Unit, prepared by Accolade Building Designs
Sheet 3 of 6 Proposed Partial Enclosure of Ground Level Under Existing 26/04/2018
Unit (floor plans), prepared by Accolade Building Designs
Sheet 4 of 6 Proposed Partial Enclosure of Ground Level Under Existing 26/04/2018
Unit (elevations), prepared by Accolade Building Designs
Approved Plans – 19 November 2020 Unit 17
Plan No. Rev. Plan, prepared
by
Sheet 01, Site Location, Site Plan & Floor Plans, prepared by October 2020
Issue D Innovate Architects
Page 26 of 41
Section 27
ORDINARY MEETING MINUTES 21 OCTOBER 2021
Sheet 02, Elevations, Section & External Finishes Schedule, October 2020
Issue D prepared by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects October 2020
Issue C
Approved Plans – March 2020 Unit 19
Plan No. Rev. Plan, prepared
by
A01 Site Location, Site Plan & Calculations, prepared by Lisa 22 January 2021
Page
A02 Ground Floor Plan – with proposed alterations, prepared by 22 January 2021
Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3/Terrace, prepared by Lisa Page 22 January 2021
A06 Elevations Views: North & South facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A07 Elevations Views: East & West facing, prepared by Lisa 22 January 2021
Page (as annotated by Council)
A08 Perspective view, Terrace level, prepared by Lisa Page 22 January 2021
A09 Perspective views: south, west, north facing, prepared by 22 January 2021
Lisa Page
A10 Perspective views: south/east/north views, prepared by 22 January 2021
Lisa Page
A11 Section view-east facing, prepared by Lisa Page 22 January 2021
A12 External Material Finishes Palette by Lisa Page 22 January 2021
- Landscape Concept Design document including site plan -
and perspective, cross sections, look and feel and design,
prepared by Louise Custance
Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
Plan No. Rev. Plan, prepared by
SD.102 Proposed Holyman Unit 3D perspectives, prepared by N/D
Iss P2 Gerard Smith Design
SD.104 Site / Roof Plan, prepared by Gerard Smith Design Aug 2018
Iss P10
SD.201 Floor Plans, prepared by Gerard Smith Design Aug 2018
Iss P9
SD.501 Elevations proposed, prepared by Gerard Smith Design Aug 2018
Iss P9
SD.601 Cross Sections – Sheet 2, prepared by Gerard Smith Aug 2018
Iss P2 Design
SD.951 Overviewing Diagrams – Level 1, prepared by Gerard Aug 2018
Iss P9 Smith Design
SD.952 Overviewing Diagrams – Level 2, prepared by Gerard Aug 2018
Iss P9 Smith Design
C. Include the following additional conditions 37 - 44 to read as follows:
Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for
Page 27 of 41
Section 28
ORDINARY MEETING MINUTES 21 OCTOBER 2021
construction and access) – 21 October 2021
Performance Bond - Planning
37. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this
approval, specifically for Lot 30, prior to the issue of a Development Permit for
Building Works. 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.
Performance Bond – Demolition
38. Security to the value of $10,000 must be provided to Council’s Building and
Plumbing Services prior to the issue of the development approval for building works
(demolition). The security must be in the form of a cash bond or bank guarantee,
for security against satisfactory completion of works.
Landscaping
39. The development site must be landscaped generally in accordance with the
approved plans and Planning Scheme Policy PSP2 – Landscaping, and the
following requirements:
a. A minimum of a 1m wide garden with dense landscaping must be provided
to the north, south and western boundaries within Lot 30.
b. The 1m wide garden must consist of 45 litre pot size native trees planted at
1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the
following locations:
i. south east corner; and
ii. half way along the southern boundary; and
iii. to the west of the visitor car space where the lot dog legs.
c. The plantings must grow to an average minimum height of 10m and be
suitable native species for the urban surroundings such as Syzygium,
Elaeocarpus, Acronychia.
d. 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.
e. Landscape works must be completed prior to the commencement of the use
of Lot 30.
40. The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
prepared by Max Watterson & Associates may be removed within the lot as part of
preparing the site for construction.
41. Any vegetation to be retained must be protected from clearing or construction
activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
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Privacy
42. The level 1 and level 2 operable timber privacy screens when fully extended must
not cover more than 50% of each of the balconies. The privacy screens on Level
3 must be a minimum height of 1.7m above the FFL.
43. The balcony located on Level 2 and the roof top terrace must include balustrading
(set back as shown on the approved plans), and fixed external screens (where
appropriate), positioned in such a way to obscure direct views into the habitable
room windows or private open space areas of the adjoining units.
Building Appearance
44. The building must be constructed to be generally in accordance with the material
and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard
Smith Design.
D. Amend existing Condition 25 to read:
Demolition
25. Security to the value of $5,000 must be provided to Council’s Building and
Plumbing Services prior to the issue of the Development Approval for Building
Works – demolition of Unit 17 & 19. The security must be in the form of a cash
bond or bank guarantee, for security against satisfactory completion of works.
E. Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12
& 13 to read ‘Privacy - Unit 17’
F. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
5 MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT TERM
ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES, SUNSHINE BEACH
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 October 2021 regarding Application No. MCU17/0046.03 for an
Other Change to a Development Approval for Multiple Housing Type 2 – Duplex & Operational
Works to include Short-term accommodation, situated at 2/38 Park Cres Sunshine 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:
a. The extent of visitor accommodation has eroded the available supply of
permanent housing in the local plan area; and
b. 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 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.
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4. The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
and (h) of the Medium Density Residential Zone Code as:
a. The proposal is located in medium density residential neighbourhood that is
predominately used for short term accommodation uses. The introduction of
additional short term accommodation within a duplex unit is not consistent
with the purpose of the zone.
b. The proposal seeks to establish a new short-term visitor accommodation
facility within a recently approved dual occupancy and is not located within a
well-established resort or holiday units.
5. There is no need for additional short term accommodation in the area.
6. The proposal does not comply with Performance Outcome PO12 of the Visitor
Accommodation Code and Performance Outcome PO6 of the Driveway and
Parking Code as insufficient car parking is proposed on site to address the likely
parking demands on site.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
7 PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
That Council note the report by the Acting Director Environment and Sustainable Development,
to the Planning & Environment Committee meeting dated 12 October 2021 providing a full year
report on the performance and activities of The Hub for the period 1 July 2020 to 30 June 2021
and a Social Return on Investment evaluation.
8 T000054 – TEWANTIN BYPASS STAGE 1 INTERSECTION UPGRADE – TENDER AWARD
That Council note the report by the Designer Capital Works to the General Committee Meeting
dated 18 October 2021 and:
A. Award Contract T000054 for the construction of the Tewantin Bypass Stage 1 –
Intersection Upgrade works to SGQ Pty Ltd for the sum under a schedule of rates
contract for the amount of $5,052,575 excluding GST;
B. Approve expenditure under this Contract up to $7,849,520 excluding GST, including
contingency spend.
9 MCU20/0037 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021 –
REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING – TYPE 2 DUPLEX AT 11
MARGIT CRES, SUNRISE BEACH
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 18 October 2021 regarding Planning & Environment Court Appeal
No. BD1074 of 2021 and agree to settle the appeal generally 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
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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
H Development Application/Development summary, prepared 03.09.2021
by OH Architecture
DA 001 H Proposed Plan, prepared by OH Architecture 3 September 2021
DA 101 H Proposed Basement Plan, prepared by OH Architecture 3 September 2021
DA 102 H Proposed Lower Floor Plan, prepared by OH Architecture 3 September 2021
DA 103 H Proposed Upper Floor Plan, prepared by OH Architecture 3 September 2021
DA 104 H Proposed Roof Plan, prepared by OH Architecture 3 September 2021
DA 151 H Proposed Elevations, prepared by OH Architecture 3 September 2021
DA 152 H Proposed Elevations, prepared by OH Architecture 3 September 2021
DA 153 H Proposed Elevations, prepared by OH Architecture 3 September 2021
DA 154 H Proposed Elevations, prepared by OH Architecture 3 September 2021
DA 161 H Proposed Sections, prepared by OH Architecture 3 September 2021
DA 162 H Proposed Sections, prepared by OH Architecture 3 September 2021
DA 163 H Proposed Sections, prepared by OH Architecture 3 September 2021
DA 301 H Pergola materials, prepared by OH Architecture September 2021
Currency Period
3. This development approval lapses if the use has not happened by 21 October 2027,
unless an application to extend the currency period is approved by Council.
Built Form and Development Appearance
4. The maximum height of the development must not exceed 8 metres above the natural
ground level and the finished surface level and 2 storeys.
5. 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.
6. All fencing and retaining walls within the northern and southern setbacks must be located
and constructed in accordance with approved drawings DA 153 and DA 154, prepared
by OH Architecture and dated 3 September 2021.
7. All air conditioning units or other mechanical equipment must be fully enclosed or
screened such that they are not visible from the street frontages nor adjoining properties.
8. All deck and balcony areas 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.
Performance Bond
9. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
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.
Protection of Privacy
10. To ensure privacy is protected between adjoining properties to the west, south and north,
the development must:
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a. provide screening devices to balconies; and/or
b have a minimum window sill height or 1.7 metres above floor level; and/or
c. be fitted with translucent glazing; and/or
d. be fitted with fixed external screens.
Street Identification
11. 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
12. 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).
13. 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.
Fencing and Walls
14. Street fencing must be provided generally as shown on the approved plans.
15. The area of land between the street fence and the front property boundary must be
densely landscaped to screen any fencing from the street. A mix of understorey and taller
species must be included.
Clothes Drying Areas
16. Each dwelling unit must be provided with access to an outdoor clothes line which is
screened from public view.
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 site must be landscape in accordance with Planning Scheme Policy PSP2 –
Landscaping. The works must be undertaken in accordance with an operational works
approval and the approved plans and must include in particular:
a. Dense screening vegetation within the gardens located to the perimeter of the site
along the north, south and western boundaries and;
i. must be a minimum of 1m wide unless otherwise shown on the approved
plans;
ii. Trees that grow to a minimum height of 8m planted at 1.5m centres. The
trees must have a minimum pot size of 45 litres; and
iii. 1 x 100 litre pot size feature tree planted to each side of the driveway within
the site and near the front boundary.
b. Retention of the existing street tree located near the south east corner of the site
as shown on the approved plans.
c. Provide an arborist report with construction methods to retaining the street tree in
good health during constructed.
d. Provide 1 x 45 litre pot size street tree located to the northern side of the driveway
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crossover.
e. Provide a planting and plant schedule including species and pot size.
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.
Noise
20. Written certification is required from a suitably qualified person confirming that sound
pressure levels from all mechanical plant and equipment comply with the following:
a. Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
b. Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
21. The certification must be submitted to Council, which certifies that operational noise from
any fixed plant and equipment complies and with the requirements of this Decision
Notice.
HYDROLOGY
Stormwater Drainage
22. 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 and must include in particular:
a. a Site Based Stormwater Management Plan which addresses the following:
i. existing overland flows and proposed overland flows;
ii. maintenance of overland flows within the subject site; and
iii. the drainage system for all roofed areas, hardstand, grassed areas and pool
surrounds.
Erosion and Sediment Control
23. In conjunction with the application for Operational Works approval, provide an erosion
and sediment control plan, prepared in accordance with Best Practice Erosion and
Sediment Control (IECA, 2008) and which achieves the construction phase stormwater
design objectives of the State Planning Policy 2017.
WASTE DISPOSAL
24. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy 9 - Waste Management. The facilities must include an
impervious area, within the site, correctly sized for all refuse and recycling containers
and suitably screened from public places and neighbouring properties. A bin wash area
is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
trap. The drain outlet must be designed to prevent storm water entry to the sewerage
system.
25. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
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ENGINEERING
External Works
26. Margit Crescent must be upgraded for the length of its frontage to the subject site. The
works, which must be undertaken in accordance with an Operational Works approval,
are:
a. construction of a pedestrian footpath in accordance with the conditions of this
Decision Notice
b. removal of all existing property access (driveway/crossovers) and reinstatement of
the kerb, footpath and verge area to match the balance of the site frontage,
including the provision of topsoil and turf where the existing verge is grassed.
Site Access and Driveways
27. A sealed access driveway must be provided from Margit Crescent to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with Council standard drawings RS-051 and
addendums
Car Parking
28. Car parking must be provided generally in accordance with the approved plans. The
works must be undertaken in accordance with an Operational Works approval and must
include in particular:
a. dimensions, crossfalls and gradients in accordance with Australian Standard
AS2890: Parking Facilities
29. Pedestrian facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must include in
particular:
a. a 2 metre wide concrete footpath within the road verge for the entire length of the
site’s frontage to Margit Crescent.
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.
Easements
30. 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.
31. 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.
32. All works must be kept clear of any existing or proposed easements on the subject land,
unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
33. All fill and associated batters must be undertaken in accordance with an Operational
Works approval, and contained entirely within the subject site unless written permission
from the respective landowner(s) is provided to Council.
Damage to Services and Assets
34. Any damage caused to existing services and assets as a result of the development works
must be repaired at no cost to the asset owner at the following times:
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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
10 PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
That Council note the report by the Acting Director Environment and Sustainable Development
to the General Committee Meeting dated 18 October 2021 regarding the commercial lease of
office space at the Peregian Digital Hub and:
A. Agree to enter a commercial lease of the Unit 4 premises of 45m 2 to Anson McCade
Pty Ltd. for a three year term, as generally outlined in the report;
B. Agree to enter a commercial lease of the Unit 3a premises of 45m2 to Saturate for a
three year term, as generally outlined in the report;
C. Note that a market process will continue in order to secure a tenant for Unit 3b;
D. Authorise the CEO to award one subsequent lease extension of 3 years for each of
these tenancies, subject to the lessee complying with the terms of the lease.
11 NOOSA HOLIDAY PARK FEES AND CHARGES
That Council note the report by the Property Advisor – Commercial Property to the General
Committee Meeting dated 18 October 2021 and:
A. Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
of the January 2023 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 23 January 2023 as detailed in
the tables contained within the report.
12 FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2021
That Council note the report by the Acting Manager Financial Services to the General
Committee Meeting dated 18 October 2021 outlining September 2021 year to date financial
performance against budget, including changes to the financial performance report with the
inclusion of key financial sustainability indicators.
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9 ORDINARY MEETING REPORTS
Nil.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 18 November 2021 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 6.16pm.
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Attachment 1
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Attachment 1
Petition for Reef Street Noosaville “Traffic Calming’
: . é . ‘ ,
We, the undersigned, are making this representation to the Noosa Shire Counc? with the hope
improvement iritiatives will be considered to address an ever-increasing vehicle speed and
subsequent extreme noise which impacts the amenity of our residential area. By introducing
improvement initiotives, the risk of serious and/or fatal accidents could be significantly reduced as
the ability of speeding cars and motor bikes using Reef Street could be climinated, The speeding
traffic is of significant risk to the general Reef Street treffic and slow-moving traffic entering to and
from the Noosa Waters Estete.
Background
Reef Sireet, Noosaville, commences at the roundabout at the intersection of Mary Street and Weyba
Road and extends southwards to the roundabout on Eenie Creek Road. It has become a common
practice for cars and motorbikes, at all hours of the day and night, to pass through the roundabout
at Mary Street, in a southerly direction, and accelerate at dangerous rates exceeding the 60kph
speed limit, even before reaching Bluefin Court and continuing to increase speed as they approach
Bay Street. A similar pattern of car and motorbike behaviour is also occurring in the opposite
direction.
What ts adding to the noise generated by the excessive speed Is the surprising number of cars and
motorbikes that have gone out of their way to modily their vehicles to “enhance” the exhaust noise!
Impact
The residential areas that experience the worst impacts of the extreme noise, due to their close
proximity to Reef Street, include parts of:
© Bluefin Court,
© Shoreheven Drive,
® Waterside Court
e Nannygai Street
© Lake Weyba Drive, more particularly, the western boundaries of Laguna Estate Retirement
Village and the Noosa Waters Retirement Estate
The extreme noise is so pervasive that other areas deeper into the Noosa Waters residential areas
are more than likely experiencing negative Impacts as well
improvement Initiatives
We, the undersigned, request thal the current 60kph speed limit be reduced to 40kph. In
conjunction with the speed reduction, we also request that the installation of road humps and/or
slow points be investigated.
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Attachment 2 – Cr Lorentson for Item 2 Proposed Local Law Amendment
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(4) The cost of attendance of an authorised officer following a call for urgent assistance
where the unacceptable behaviour is confirmed to have occurred may be recovered fram
the owner of the premises where the unacceptable behaviour existed on or emanated from.
Explanatory note; A party spilling cut from a premises onto the street ls caught,
(5) Where it is established that there was no unacceptable behaviour the cost of attendance
of an authorised officer following a call for urpent assistance may be recovered from the
person making the complaint or the owner of the premises from where the complainant
complained.
(6) The Council must consider the number of complaints and the significance of the
unacceptable behaviour in determining whether to recover the cost of attendance.
(7) To recover the cost of attendance of the authorised officer following a call far urgent
assistance, the Council must give a notice to the owner stating:
i} the unacceptable behaviour and the date on which It occurred;
ii) payment of the total cost of attendance is required;
iii) the date the cost is payable; and
iv) an information notice.
Explanatory ote: fn inhormetion nation alk for an internal review of thé decision. See LL1 422 for giving
and review following an information matice
(8) The cost of attendance may be recovered as if it were a rate,
Compliance Notice for Works
(1) Where an authorised officer forms a reasonable opinion that an occupier of a premises
has caused an unacceptable residential amenity on at least three separate occasions in any
12 month period, the authorised officer may issue a compliance notice requiring the owner
to undertake works to assist in achieving an acceptable residential amenity.
Examples:
i} Construct an anquetic barrier;
ii) irestall light comtrol switches that turn lights off at a particular time;
iil) remove a deck:
iv) ericlode a deck:
v) plant and maintaln screening vegetation,
(2) To determine whether to give a compliance notice to the owner, the authorised officer
rust consider:
i} the frequency of the unacceptable behaviour;
ii) the significance of the unacceptable behaviour;
iii) the likely cost of the work;
iv) whether any affected premise should also reasonably undertake works and whether
there is a commitment to undertake those works; and
¥) whether the affected premises also causes unacceptable behaviour.
(3) The authorised person must inform any person required by the compliance notice ta
perform work and any person whose commitment ta undertake works has been considered
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under subsection (2)iv) of the intention to issue a compliance notice and provide them with
2 reasonable opportunity to respond to the requirement to undertake works prior to giving a
compliance notice.
(4) The authorised person must only give a compliance notice where it is likely to assist in
achieving an acceptable residential amenity.
Explanatory note: See LL) 527 for giving a compliance notice.
Duty of Council
4. (1) Council has a duty to investigate any notice of unacceptable residential amenity.
(2) Council has a duty to remedy as far as is reasonably practicable all unacceptable
residential amenity.
(3) If the Council is of the opinion that the unacceptable residential amenity is better settled
privately, advise all relevant parties of any available methods for settling the matter
privately.
Example: Where a dispute may be best resolved in a Segal action Counc!! would suggest the parties seek legal
advice. Where a dispute may be best resolved in mediation Council would suggest the parties seek mediation.
Definitions
The definitions should be in the local law not the subordinate local law.
Acceptable residential amenity means:
Achieving a fair balance between a persons right to live in a premises and the rights of others in the
neighbourhood to enjoy being there.
Acceptable residential amenity will involve a consideration of impacts from nuisance, noise, light
intrusion, and overlooking.
Unacceptable residential amenity means;
Unacceptable residential amenity will involve a consideration of impacts from nuisance, noise, light
intrusion, and overlooking.
Where noise levels exceed those set out in table XYZ they will be deemed to cause unacceptable
residential amenity.
(Insert table: Noise levels should not exceed DBA [insert from reports differing daytime and nigh
time levels))
Lighting exceeding (Lux at boundary) is deemed to cause unacceptable residential amenity.
A series of nuisance, noise, lighting or overlooking events that individually would not be
unacceptable but because of their frequency or duration are unacceptable.
See Padley v Foley (1983) 32 SASR 122 at 129 for scope of the definitions set out above.
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Causing, in relation to unacceptable behaviour, means:
a) to cause; or
b) knowingly allow or suffer unacceptable residential amenity to exist on, or emanate from,
any land owned or occupied by that person.
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