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2015-07-02 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 2 July 2015
6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING MINUTES 2 JULY 2015
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
A Rogers, Director Community Services
M Drydale, Director Planning & Infrastructure
D Iezzi, Executive Manager
P Parkman, Acting Director Corporate Services
APOLOGIES
Councillor J Jurisevic
The meeting commenced at 6.01pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 4 June 2015 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 2 JULY 2015
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
23 JUNE 2015 - Crs Sandy Bolton (Chair), Bob Abbot, Frank Pardon
Apology – Cr Noel Playford
Other Councillors in Attendance: Crs Wilkie & Jurisevic
Council Resolution
Moved: Cr Bolton
Seconded: Cr Abbot
4 2015-16 COMMUNITY GRANTS FIRST ROUND RECOMMENDATIONS
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his memberships and involvement with a number of the community groups being
considered for funding. Cr Pardon left the meeting room for the debate and decision on the matter.
Cr Wilkie declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his membership on the Noosa Arts Theatre Management Committee. Cr Wilkie
left the meeting room for the debate and decision on the matter.
That Council note the report by the Community Development Coordinator to the
Infrastructure and Services Committee dated 23 June 2015 and:
A. Endorse the first round of Community Grants recommendations for the financial year
2015/16 as set out in Attachment 1, 2, 3 and 4 to the report;
B. In addition to the recommendations in Attachment 1, 2, 3 and 4, agree to pay the
fixed water and sewerage annual access charges for eligible not for profit
organisations in the Shire (as defined in Council’s Community Grants Policy and
excluding those community organisations who are already recommended to receive
this payment as part of a 2015/16 operational grants) at an estimated cost of
$75,000.
Cr Pardon and Cr Wilkie re-joined the meeting.
Carried.
The following Recommendations from the Infrastructure & Services Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Wilkie
The Infrastructure & Services Committee recommendations dated 23 June 2015 be adopted
except where dealt with or held over by separate resolution.
Carried.
1 ELECTRIC BUS TRIAL - JUNE UPDATE
That Council note the report by the Director Planning & Infrastructure to the Infrastructure &
Services Committee Meeting dated 23 June 2015 providing an update on the progress of
the Electric Bus Trial.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 2 JULY 2015
2 TEWANTIN SPLASH PARK RENEWAL
That Council note the report by the Asset Planning Coordinator to the Infrastructure &
Services Committee Meeting dated 23 June 2015; and approve the allocation of $130,000
from the 2014/15 “emergent works – all infrastructure” allocation for renewal works at the
Tewantin Splash Park.
3 CAPITAL PROGRAM DELIVERY STATUS - JUNE 2015
That Council note the report by the Asset Planning Coordinator to the Infrastructure &
Services Committee Meeting dated 23 June 2015 providing an update on the status of the
projects being delivered in the 2014/15 Capital Works Program.
5 ADOPTION OF THE NOOSA LOCAL DISASTER MANAGEMENT PLAN 2015/16 AND
NOOSA LOCAL DISASTER RECOVERY PLAN 2015/16
That Council note the report by the Director Community Services to the Infrastructure &
Services Committee Meeting dated 23 June 2015 and:
A Repeal the Sunshine Coast and Noosa Local Disaster Management Plan 2014 and
adopt the Noosa Local Disaster Management Plan 2015/16 and Noosa Local
Disaster Recovery Plan 2015/16 provided at Attachments 1 and 2; and
B Devolve responsibility for the operational components of the Local Disaster
Management Plan to the Local Disaster Management Group.
6 LIBRARIES & GALLERIES - UPDATE REPORT TO 31 MAY 2015
That Council note the report by the Libraries & Galleries Manager to the Infrastructure and
Services Committee Meeting dated 23 June 2015 providing an update on the activities of
the Libraries & Galleries branch to 31 May 2015.
7 COMMUNITY SERVICES CUSTOMER REQUEST MANAGEMENT STATUS –
1 JANUARY 2015 TO 30 APRIL 2015
That Council note the report by the Waste and Environmental Health Manager and the
Acting Public Order Manager to the Infrastructure & Services Committee Meeting dated 23
June 2015 detailing the current Customer Request Management statistics and processes
for responding to requests in the Environmental Health, Waste and Local Laws sections.
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 2 JULY 2015
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
23 JUNE 2015 – Crs Joe Jurisevic (Chair), Tony Wellington, Frank Wilkie
Apology: Cr Noel Playford
Other Councillors in Attendance: Nil
The following Recommendations from the Planning and Organisation Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Bolton
The Planning & Organisation Committee recommendations dated 23 June 2015 be adopted.
Carried.
1 BUILDING & PLUMBING - UPDATE REPORT TO 31 MAY 2015
That Council note the report by the Building and Plumbing Manager to the Planning &
Organisation Committee Meeting dated 23 June 2015 providing an update on the activities
of the Building and Plumbing Branch for the period ending 31 May 2015.
2 ENVIRONMENTAL OFFSET LEGISLATION OVERVIEW
That Council note the report by the Environment Officer to the Planning & Organisation
Committee Meeting dated 23 June 2015 and;
A. Note the Department of Transport and Main Road’s agreement to enter into
discussions with Noosa Council in regard to finding a suitable koala habitat offset
location within Noosa Shire and request staff to investigate suitable offset locations
and report the matter back to a future Council meeting; and
B. Request that the Environmental Services staff:
1. Identify potential Strategic Offset Investment Corridors in Noosa Shire for
inclusion into the new planning scheme;
2. Develop a register of landholder interest;
3. Investigate options for securing land for the purpose of providing advanced
offsets in conjunction with the Environment Levy Working Group;
4. Investigate incorporating Matters of Local Environmental Significance into the
new planning scheme; and
5. Present recommendations to a future meeting of Council.
3 REQUEST TO CHANGE CONDITIONS OF AN EXISTING MATERIAL CHANGE OF USE
APPROVAL FOR A MIXED USE DEVELOPMENT AT 90 GOODCHAP STREET,
NOOSAVILLE (07/0012)
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Cr Wilkie does not agree with the recommendation and
requested a further report to General Committee outlining existing uses on the site
and further information on parking.
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 2 JULY 2015
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR ANIMAL
HUSBANDRY TYPE 1 (AQUACULTURE) AT 15 PRODUCTION ST, NOOSAVILLE
(MCU14/0096)
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 23 June 2015 regarding Application No. MCU14/0096 for a
Development Permit for Animal Husbandry Type 1 (Aquaculture) situated at 0, 3 & 4/15
Production Street, Noosaville and:
A. Approve the application in accordance with the conditions contained in the Planning
& Organisation Committee Agenda dated 23 June 2015; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The aquaculture use is similar in nature to an industrial processing operation
and appropriately located within an existing industrial premise.
2. The development will not negatively impact on the existing businesses in the
area.
5 APPLICATION TO RECONFIGURE 1 LOT INTO 2 LOTS AT 38 PAVILION STREET,
POMONA REC15/0010
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 23 June 2015 regarding Application No. REC15/0010 for a
Development Permit for Reconfiguration of a Lot – 1 lot into 2 lots situated at 38 Pavilion
Street, Pomona and:
A. Approve the application in accordance with the conditions contained in the Planning
& Organisation Committee Agenda dated 23 June 2015; and
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The lot sizes are sufficient to accommodate a dwelling and associated
structures and are of a size that is consistent with the developed character of
Tree and Pavilion Streets and the surrounding area.
6 APPLICATION FOR A CONCURRENCE AGENCY RESPONSE FOR A DETACHED
HOUSE AT 1 OVERTON WAY, KIN KIN RAP15/0008
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 23 June 2015 regarding Application No. RAP15/0008 for a
Concurrence Agency Response for a detached house situated at 1 Overton Way, Kin Kin
and approve the application in accordance with the conditions contained in the Planning &
Organisation Committee Agenda dated 23 June 2015.
7 DEVELOPMENT ASSESSMENT - UPDATE REPORT TO 31 MAY 2015
That Council note the report by the by the Manager, Planning & Environment to the
Planning & Organisation Committee Meeting dated 23 June 2015 providing an update on
the activities undertaken by the DA Planning Team for the period from 1 July 2014 to 31
May 2015.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 2 JULY 2015
8 MAY 2015 FINANCIAL PERFORMANCE REPORT
That Council note the report by the Manager Financial Services to the Planning &
Organisation Committee Meeting dated 23 June 2015 providing the May 2015 monthly
financial performance report for the 2014/15 financial year.
9 MARCH 2015 QUARTERLY BUDGET REVIEW REPORT
That Council note the report by the Manager Financial Services to the Planning &
Organisation Committee Meeting dated 23 June 2015 and approve the requested changes
to the budget for the 2014/15 financial year, as outlined in the attached Budget Financial
statements.
10 FLEET MANAGEMENT - UPDATE REPORT TO 31 MAY 2015
That Council note the report by the Manager Procurement and Fleet to the Planning &
Organisation Committee Meeting dated 23 June 2015 providing an update on the activities
of the Fleet Management Branch for the period ending 31 May 2015.
11 NOOSA HOLIDAY PARK AND CAMPGROUNDS - UPDATE REPORT TO 31 MAY 2015
That Council note the report by the Property and Facilities Manager to the Planning and
Organisation Committee Meeting dated 23 June 2015 providing an update on operations of
the Noosa River Holiday Park, Boreen Point Campground and Noosa North Shore Beach
Campground for the period 1 July 2014 to 31 May 2015.
12 FRAUD AND CORRUPTION FRAMEWORK POLICY AND BUSINESS CONTINUITY
MANAGEMENT POLICY
That Council note the report by the Executive Manager to the Planning & Organisation
Committee Meeting dated 23 June 2015 and:
A. Repeal the existing Fraud and Corruption Prevention Policy, which was transferred to
Noosa Council from the Sunshine Coast Regional Council (SCRC) under the Local
Government (De-amalgamation Implementation) Regulation 2013 and adopt the
Noosa Council Fraud and Corruption Prevention Policy provided at Attachment 1 with
grammatical changes as discussed; and
B. Repeal the existing Business Continuity Management Policy, which was transferred
to Noosa Council from the SCRC under the Local Government (De-amalgamation
Implementation) Regulation 2013 and adopt the Noosa Council Business Continuity
Policy provided at Attachment 2.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 2 JULY 2015
GENERAL COMMITTEE RECOMMENDATIONS
29 JUNE 2015 - Crs Frank Wilkie (Chair), Bob Abbot, Sandy Bolton, Frank Pardon,
Noel Playford and Tony Wellington
Apologies: Cr Joe Jurisevic
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
The General Committee recommendations dated 29 June 2015 be adopted.
Carried.
1 FURTHER REPORT - REQUEST TO CHANGE CONDITIONS OF AN EXISTING
MATERIAL CHANGE OF USE APPROVAL FOR A MIXED USE DEVELOPMENT AT 90
GOODCHAP STREET, NOOSAVILLE (07/0012)
That Council note the report by the Development Planner to the General Committee
Meeting dated 29 June 2015 regarding Application No. 132006.12.6 for a Change to an
Existing Approval, situated at 90 Goodchap Street, Noosaville and:
A. Change Condition 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 to read:
1. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are
numbered Site Plan Overall Parking Layout 0427 DA01E, Site Plan Overall
Podium Level 0427 DA02E, Site Plan Overall Upper Plan 9427 DA03E, Stage 2
Carpark Plan 0427 DA04E, Stage 2 Podium Plan 0427 DA05E, Stage 2 Upper
Floor Plan 0427 DA06E, Roof Plan 0427 DA07D, Existing Approved Elevation
& Sections 0427 DA08D, Proposed Elevations & Sections 0427 DA09D,
Proposed Carpark Lower Level Plan 0427 DA10E, Proposed Carpark Mid Level
Plan 0427 DA11E, Proposed Carpark Upper Level Plan DA12E and Proposed
Carpark Elevations & Sections 0427 DA13E prepared by Middap Ditchfield Pty
Ltd and dated May 2007 and Working Drawings Carpark Layout 0715 WD01.1
prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan of Lots 4,
5 & Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and
as may be amended by these conditions.
7. Secure bicycle racks shall be provided on site to accommodate a minimum of
35 bicycles. The proposed bicycle racks shall be identified on the plans
submitted for Operational Works approval and shall be located to the
reasonable satisfaction of the Council.
8. End of trip facilities shall be provided within the approved buildings at a
minimum rate of 18 lockers and 3 showers.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 2 JULY 2015
10. The proposed development shall not exceed a maximum height of:-
10.1 for buildings, 2 storeys and 10 metres above natural ground level, with
the exception of building B, which may be 3 storeys in height in
accordance with the approved plans.
10.2 for the car park structure, 8 metres above natural ground level, with the
exception of the rendered block work up stand (ie. lift overrun)
adjacent to the driveway ramp which shall not exceed 10.5 metres
above natural ground level.
12. The development is permitted a total maximum use area of 6,054m2 with each
individual use permitted the following maximum use areas at any one time:-
12.1 Commercial Business – Type 1 Office – 2420m2
12.2 Commercial Business – Type 2 Medical – 3000m2
12.3 Education – Type 3 Adult – 2,723m2
12.4 Retail Business – Type 1 Local – 100m2
12.5 Retail Business Type 2 Shop or Entertainment and Dining Business Type
1 Food and Beverages – 236m2 (includes 16m2 of outdoor dining).
36. The development shall provide car parking spaces on the site at a minimum
rate of 395 car parking spaces.
38. Vehicular access to the site shall be primarily from Goodchap Street and car
parking shall be generally in accordance with the approved plans.
64. The required contributions shall be paid to Council and the associated car
parking constructed.
65. Vehicular access arrangements can be varied to allow for an alternative access
arrangement for northern vehicle access to the site from Goodchap Street. The
alternative access arrangement shall be generally in accordance with Drawing
No. P10C, Job No. 06679 prepared by TOD Noosa dated 29 May 2009. The
works shall include but not be limited to:-
i. The linemarking necessary to provide the right turn lane and associated
medians,
ii. The direction linemarking within the existing access,
iii. The widening of the current vehicle crossover, and
iv. Any works associated with the existing Telstra pit to the satisfaction of
Telstra. Suitable certification from Telstra shall be submitted to Council
prior to the commencement of any works and at the completion of the
works.
Further, a schedule of works, specifications and plans detailing this work shall
be prepared and submitted to Council for approval as part of an application for
Operational Works.
66. Where vehicular access arrangements are varied in accordance with the
alternative access arrangements identified by Condition 65, the applicant shall
design and construct an indented bus bay in Goodchap Street to replace the
existing kerb side bus stop located in the frontages of No 135-137 Goodchap
Street. The works for the bus bay shall include but not be limited to the
following:-
i. Be located generally in accordance with Drawing No. P10C, Job No.
06679 prepared by TOD Noosa dated 29 May 2009,
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 2 JULY 2015
ii. Be designed and constructed generally in accordance with Translink’s
“Regular Stop” as shown on Translink Drawing No. TL-R02 with the
following modifications:
a. The kerb type in the tapers must provide unimpeded access to the
two affected residential properties,
b. The minimum taper on the approach should be approximately20m,
c. The new taper should be 1 in 7, and
d. The minimum length of the bus stop itself is 20m.
iii. The pad, seat, bin, signage and tactile indicators as shown on Translink’s
“Regular Stop” as shown on Translink Drawing No. TL-R02.
iv. Any modifications to and realignment of the existing residential access
driveways,
v. A 2m wide concrete footpath connecting the bus stop to the existing
footpath in Goodchap Street.
In this regard a schedule of works, specifications and plans detailing this work
shall be prepared and submitted to Council as part of an application for
Operational Works.
B. Agree to delete condition 15;
C. Give notice to the property owner to comply with the conditions of the approval and
that the unapproved works within the Lake Doonella Reserve must be removed and
reinstated back to its original condition to the reasonable satisfaction of Council within
12 months.
2 STATE PLANNING REFORM
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 29 June 2015 and authorise the Chief Executive Officer to:
A. When the time is appropriate, make a submission to the Infrastructure, Planning and
Natural Resources Parliamentary Committee on:
1. the Planning and Development (Planning for Prosperity) Bill 2015;
2. the Planning and Development (Planning for Prosperity - Consequential
Amendments) and Other Legislation Amendment Bill 2015; and
3. the Planning and Development (Planning Court) Bill 2015;
with that submission to be based on Council’s previous submission in January 2015
on the earlier versions of those Bills, with appropriate alterations to that submission
depending on the differences between the two sets of bills, including that Noosa
Council opposes the proposed provision for the Planning & Environment Court to
award costs against people or organisations who are not party to the proceeding; and
B. Make a submission to the Department of Infrastructure, Local Government and
Planning in response to the Better Planning for Queensland Directions Paper in
accordance with the issues outlined in Attachment 2 of this report.
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 2 JULY 2015
3 ANNUAL PEST SURVEY PROGRAM 2015-2016
That Council note the report by the Manager Waste and Environmental Health to the
General Committee Meeting dated 29 June 2015 and approve the following Pest Survey
Programs for the Noosa Council region in accordance with section 241 of the Land
Protection (Pest and Stock Route Management) Act 2002:
A. Survey Program 1 - 03/07/15 to 30/09/15 for the localities of Cooroy, Cooroy
Mountain, Timbeerwah, Cooroibah and that part of Doonan that is within the Noosa
Council boundary;
B. Survey Program 2 - 01/10/15 to 31/12/15 for the localities of Black Mountain, Federal,
and those parts of Ridgewood and Eerwah Vale that are within the Noosa Council
boundary;
C. Survey Program 3 - 01/01/16 to 31/03/16 for the localities of Kin Kin, Pinbarren,
Cooran and that part of Como that is within the Noosa Council boundary; and
D. Survey Program 4 - 01/04/16 to 30/06/16 for the localities of Pomona, Lake
MacDonald, Ringtail Creek, Cootharaba and Boreen Point.
4 NOOSA DESIGN PRINCIPLES ADOPTION
That Council note the report by the Coordinator, Design and Special Projects to the
General Committee Meeting dated 29 June 2015 and
A. Adopt the Noosa – Design Principles document as per Attachment 1 to the report;
and
B. Authorise the Chief Executive Officer to make any minor amendments to the
document as required.
5 CONTRACT 1415T036 MUNNA POINT BRIDGE REHABILITATION (DESIGN AND
CONSTRUCTION)
That Council note the report by the Project Manager to the General Committee Meeting
dated 29 June 2015 and
A. Award Contract 1415T036 Munna Point Bridge Rehabilitation (Design and
Construction) to Marine and Civil Maintenance Pty Ltd for the lump sum amount of
$2,490,380 subject to Marine and Civil Maintenance Pty Ltd satisfactorily responding
to Council’s request for information regarding their tender;
B. Allocate funding of $1,627,005 from the renewal infrastructure emergent works
allocation in the first quarter budget review of 2015/16; and
C. Delegate authority to the Chief Executive Officer to agree on any remaining items
requiring clarification.
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 2 JULY 2015
6 ORDINARY MEETING REPORTS
1. COMMUNITY JURY PROJECT
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Bolton
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 2
July 2015 regarding the Council’s second Community Jury Project and adopt the question
for the second Community Jury as: “How can we manage the Noosa River better? What
role should Council play and what resources should Council apply?”
Carried.
7 PETITIONS
Nil.
8 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Pardon
Seconded: Cr Bolton
That the meeting be closed to the public pursuant to section 275 (1)(f) of the Local
Government Regulation 2012 for the purpose of discussing Item 2 - Closed Session Item: Kin Kin Quarry Breach Action.
Carried.
RE-OPENING OF MEETING TO THE PUBLIC
Council Resolution
Moved: Cr Abbot
Seconded: Cr Wellington
That the meeting be re-opened to the public.
Carried.
2. KIN KIN QUARRY – BREACH
ACTION
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Manager, Planning & Environment to the Ordinary
Meeting dated 2 July 2015 and resolve to address the breach of the development approval
and conditions of the Kin Kin Quarry by Neilsens by lodging proceedings in the Planning &
Environment Court in accordance with the proposed approach set out in the Confidential
Report.
Carried.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 2 JULY 2015
9 NEXT MEETING
The next Ordinary Meeting will be held on 30 July 2015 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.20pm
Page 13 of 13