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2018-01-18 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 18 January 2018
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 18 JANUARY 2018
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
GENERAL COMMITTEE RECOMMENDATIONS 4
7 ORDINARY MEETING REPORTS 8
1 MCU16/0144 – FURTHER REPORT - DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE OF PREMISES - RETAIL BUSINESS TYPE 2
SHOP AND SALON AT 1 KINGSGATE DRIVE, TINBEERWAH 8
8 CLOSED SESSION 13
9 NEXT MEETING 13
10 MEETING CLOSURE 13
Page 2 of 13
Section 3
ORDINARY MEETING AGENDA 18 JANUARY 2018
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 21 December 2017 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING AGENDA 18 JANUARY 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
GENERAL COMMITTEE RECOMMENDATIONS
15 JANUARY 2018 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.
1 EXPRESSION OF INTEREST OUTCOME - COOROY RV STOPOVER MANAGEMENT
SERVICES
That Council note the report by the Property Advisor to the General Committee Meeting dated
15 January 2018 regarding the expressions of interest process undertaken for management
services for the Cooroy RV Stopover and defer consideration of the expression of interest to
enable further consideration of the costs to subsidise this facility and whether they can be
reduced or nullified.:
A. Agree to enter a new management agreement with Crimmins Enterprises for
management of the facility for an initial one (1) year term; and
B. Authorise the CEO to award two management agreement extensions of 1 year, subject
to satisfactory performance.
2 132005.1133.07 REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 145
MULTIPLE DWELLING UNITS AND ASSOCIATED FACILITIES, SHOP, RESTAURANT,
MULTI-FUNCTION ROOM AND GYM FOR 75 RESORT DRIVE, NOOSA HEADS
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 15 January 2018 regarding Application No. 132005.1133.7 for a Development Permit
for a Material Change of Use for a Resort of 145 Multiple Dwelling Units and Associated
Facilities - Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive
Noosa Heads, and
A. Amend the description of the development in the Decision Notice to read Material
Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop,
Restaurant, Multi-Function Room and Gym.
B. Agree to change conditions 1, 2, 8, 33, 47, 64, 72, 81, and 83 as per the conditions
contained in the General Committee Agenda dated 15 January 2018.
C. Refuse to amend conditions 4 and 96.
D. Delegate the powers of Council under the Planning Act 2016 for minor change
applications for this development to the Chief Executive Officer.
E. Note that the report is provided in accordance with Section 63(5) of the Planning Act,
2016.
Page 4 of 13
Section 5
ORDINARY MEETING AGENDA 18 JANUARY 2018
3 RAL17/0501 DEVELOPMENT APPLICATION FOR RECONFIGURING A LOT (1 LOT
INTO 6 RESIDENTIAL LOTS), LOCATED AT 2 DAVID LOW WAY, CASTAWAYS BEACH
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application RAL17/0501 for a Development Permit for
Reconfiguring a Lot – (1 into 6 residential lots), situated at 2 David Low Way, Castaways
Beach and:
A. Refuse the application for the following reasons:
1. The proposed development is contrary to the Overall and Specific Outcomes of
the Eastern Beaches Locality Code of the Noosa Plan. The development
proposes significant clearing that is contrary to the Locality Code which requires
protection of the vegetated character and views from the David Low Way and
protection of native vegetation.
2. The proposed development is contrary to the Biodiversity code as it involves
clearing of vegetation that is mapped as Environmental Protection and Riparian
vegetation under the Noosa Plan.
3. The proposed development will result in unacceptable impacts on the visual
amenity and character of the area.
4. The applicant has not demonstrated that a compliant, safe access is able to be
provided to the site in accordance with required standards. To achieve a safe
access significant clearing of vegetation and earthworks in the road reserve is
also likely to be required.
5. The proposal is an overdevelopment of the site with the resultant development
form detrimentally affecting the environmental and amenity values of the site.
6. The proposed development represents a poor planning outcome for the site, with
the subdivision layout failing to provide street frontage for the lots and an
excessive number of lots with access via an easement. The proposed access
arrangements are likely to result in ongoing management and maintenance
issues for future residents of these lots.
B. Advise the utility service providers that there is significant vegetation within the road
reserve adjacent 2 David Low Way, Castaways Beach that requires detailed
assessment prior to installation of any services to minimise potential impacts on this
vegetation.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4 REC16/0014 DEVELOPMENT PERMIT FOR RECONFIGURING A LOT, 1 LOT INTO 11
RESIDENTIAL LOTS, LOCATED AT 28 ELKHORN DRIVE, TEWANTIN
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application REC16/0014 for a Preliminary Approval for
Reconfiguration of a Lot (1 into 11 residential lots) situated at 28 Elkhorn Drive, Tewantin
and approve the proposal, granting a Preliminary Approval for Reconfiguring a Lot (1 into 10
residential lots and drainage reserve), subject to the conditions contained in the General
Committee Agenda dated 15 January 2018.
Page 5 of 13
Section 6
ORDINARY MEETING AGENDA 18 JANUARY 2018
5 MCU16/0144 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES RETAIL BUSINESS TYPE 2 SHOP AND SALON AT 1 KINGSGATE DRIVE,
TINBEERWAH
That Council note the report by the Development Planner to the General Committee Meeting
dated 15 January 2018 regarding Application No. MCU16/0144 for a Development
Application for Material Change of Use of Premises - Retail Business Type 2 – Shop and
Salon situated at 1 Kingsgate Drive, Tinbeerwah and defer the decision until the Ordinary
Meeting of 18 January 2018 so that a further report can be brought to Council considering
whether the existing building has the necessary building approvals.
A. Approve the application in accordance with the conditions contained in the General
Committee Agenda dated 15 January 2018.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The site has approval for a business use (general store) for over 2 decades and
The Noosa Plan specifically identifies the subject site for use as Retail Business
type 1 Local (General Store) which permits the sale of prepared food and dining
facilities for up to 10 people.
2. The proposal is small scale and potential amenity impacts are able to be
appropriately mitigated for nearby residents.
3. The proposed use predominantly serves a local function and affords the
Tinbeerwah community a local venue, providing an alternative to travelling to
nearby local centres.
C. Advise the applicant that they must immediately reduce the number of dining facilities
on site to no more than 10 seats, pursuant to the Noosa Plan’s definition of Retail
Business Type 2 Shop & Salon.
6 PS17/0021 PLANNING & ENVIRONMENT COURT APPEAL NO 4595 OF 2017 REFUSAL
TO CHANGE ACTION NOTICE FOR SEALING OF SURVEY PLAN (STAGE 1) 191
HOLLETT RD, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
No. 4595 of 2017 and agree to defend the appeal.
7 MCU17/0049 PLANNING & ENVIRONMENT COURT APPEAL D160 OF 2017 REFUSAL
OF DEVELOPMENT APPLICATION FOR HOME-BASED BUSINESS TYPE 3 (SWIM
SCHOOL) AT 8 MCKENNA COURT, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 15 January 2018 regarding Planning & Environment Court Appeal
D160 of 2017 and agree to defend the appeal.
Page 6 of 13
Section 7
ORDINARY MEETING AGENDA 18 JANUARY 2018
8 ZERO EMISSIONS NOOSA ORGANISATIONAL ACTION PLAN
That Council note the report by the Project Officer - Carbon Reduction to the General
Committee Meeting dated 15 January 2018 regarding the Zero Emissions Noosa
Organisational Action Plan 2017-2020 and:
A. Approve the Net Zero Emissions Noosa Organisational Action Plan 2017-2020; and
B. As a member of the Climate Council Cities Power Partnership pledge to take action
and report on the following key actions;
1. Install renewable energy (solar PV and battery storage) on Council buildings;
2. Support community facilities accessing renewable energy through incentives,
support or grants;
3. Implement landfill gas methane flaring or capture for electricity generation;
4. Adopt best practice energy efficiency measures across all Council buildings and
support community facilities to adopt these measures; and
5. Encourage sustainable transport use (public transport, walking and cycling)
through Council transport planning and design.
9 ZEN - SOLAR SYSTEM SUPPLY & INSTALLATION - 1718Q043 STAGE 2
That Council note the report by the Project Officer - Carbon Reduction to the General
Committee Meeting dated 15 January 2018 and award contract 1718Q043 – Stage 2 to ERM
Power Retail Pty Ltd (ERM Power) for the lump sum price of $253,133.70 (excluding GST),
subject to agreement of Stage 2 Contract terms and conditions.
10 FINANCIAL PERFORMANCE REPORT - DECEMBER 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 15 January 2018 outlining the December year to date financial performance
against budget.
Recommendation
The General Committee recommendations dated 15 January 2018 be adopted except where dealt
with or held over by separate resolution.
Page 7 of 13
Section 8
ORDINARY MEETING AGENDA 18 JANUARY 2018
7 ORDINARY MEETING REPORTS
1 MCU16/0144 – FURTHER REPORT - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE OF PREMISES - RETAIL BUSINESS TYPE 2 SHOP AND SALON AT
1 KINGSGATE DRIVE, TINBEERWAH
Document i nformati on
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/ Application/ MCU16/0144
Attachments Nil
RECOMMENDATION
That Council note the report by the Development Planner to the General Committee Meeting dated
15 January 2018 and the further report to the Ordinary Meeting dated 18 January 2018 regarding
Application No. MCU16/0144 for a Development Application for Material Change of Use of
Premises - Retail Business Type 2 – Shop and Salon situated at 1 Kingsgate Drive, Tinbeerwah
and:
A. Approve the application in accordance with the following conditions:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied within
6 months of this approval, and then compliance maintained at all times while the use
continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.01 1 Site Plan, prepared by Zest Building Design 30 August 2017
A.02 1 Floor Plan, prepared by Zest Building Design 30 August 2017
A.03 1 Elevations, prepared by Zest Building Design 30 August 2017
1688 Conceptual plan of proposed car park extension, 4 August 2017
drawn by TOD Engineers and Project managers
Nature and Extent of Approved Use
3. The approval is limited to 2 tenancies as shown on the Floor Plan (A.02) and the
particulars as outlined in the following conditions.
Shop (café known as Orange on Sunrise)
4. The approved use must not operate outside the hours of 5.30pm-9pm Wednesday to
Sunday, excluding public holidays.
5. The serving of meals must cease by 8.30pm and takeaway orders must not be taken
later than 8pm on any night of trading.
6. Dining facilities are permitted on site for up to 10 people. There must no more than 10
diners at any one time. The number of dining facilities on site must be immediately
reduced on site to no more than 10 seats.
Page 8 of 13
Section 9
ORDINARY MEETING AGENDA 18 JANUARY 2018
Salon
7. The approved use is restricted to either a hairdressers and/or beautician only.
8. The approved use must not operate outside the hours of 8.30am to 4.30pm Monday to
Friday and 9.00am – 4.30pm on Saturdays, excluding public holidays.
9. The Salon tenancy is limited to a maximum of 1 staff member and 1 customer at any
one time.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of $5000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Operational 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.
Noise
11. External speakers or amplified music are not permitted.
12. The emission of noise from the premises must not exceed (measured by LAeq,adj,T)
more than 5 dB(A) greater than the existing acoustic environment measured by
LA90,T.
13. Further acoustic analysis is required using the Environmental Protection (Noise) Policy
section 10 ‘Controlling Background Creep’ noise criteria. This report should include
recommendations for noise attenuation if criteria under this section are being
exceeded. This report is to be provided to Council within 60 days of the date of this
approval and recommendations implemented within 60 days of Council’s receipt of the
report.
Signage
14. The total number of advertising signs provided on the site must not exceed 1 with a
maximum sign face area of 4m2.
Waste
15. Waste storage areas must be sited and designed so as to not detract from the visual
amenity of the streetscape.
16. Waste storage areas allow for the separate storage of different waste materials for
reuse or recycling by:
a. providing sufficient area to store all recyclable material and recycling containers
required; and
b. sign posting the types of waste stored.
17. Emptying of recyclable material such as glass into the Council recyclable bin must not
occur between the hours of 9pm and 7am on any day.
External Works
18. Kingsgate Drive must be reinstated for the length of its frontage to the subject site. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. the removal of the informal gravel carparking area and access
b. the reinstatement of the table drains
c. the landscaping of the verge area
d. the construction of 2 vehicle crossovers (1 for residential use and 1 for
commercial use) that comply with Council’s standard drawing RS-056
Page 9 of 13
Section 10
ORDINARY MEETING AGENDA 18 JANUARY 2018
Site Access and Driveways
19. A sealed access driveway must be provided from Kingsgate Drive 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. driveway crossovers generally in accordance with Council’s standard drawing
RS-056
b. sight distances in accordance with section 3.2.4 of AS/NZS2890.1:2004 for the
relevant speed environment
Car Parking
20. A minimum of 9 car parking spaces must be provided for visitors/customers and
marked on the site and made available and accessible at all times while the use is open
for business. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. Dimensions, crossfalls and gradients in accordance with Australian Standard
AS/NZS2890.1:2004 for the relevant user class;
b. Surfaces constructed of suitably bound material to minimise erosion, dust and
noise.
21. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
22. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Stormwater Drainage
23. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Damage to Services and Assets
24. 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:
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.
B. Find the following are sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The site has approval for a business use (general store) for over 2 decades and The
Noosa Plan specifically identifies the subject site for use as Retail Business type 1
Local (General Store) which permits the sale of prepared food and dining facilities for
up to 10 people.
2. The proposal is small scale and potential amenity impacts are able to be appropriately
mitigated for nearby residents.
3. The proposed use predominantly serves a local function and affords the Tinbeerwah
community a local venue, providing an alternative to travelling to nearby local centres.
C. Advise the applicant that they must immediately reduce the number of dining facilities on site
to no more than 10 seats, pursuant to the Noosa Plan’s definition of Retail Business Type 2
Shop & Salon.
D. Advise the applicant to lodge an application for building approval for the unapproved decks
located on the north eastern side and the south western side of the building within 60 days
of the date of this approval. Further that the existing ramp be roped off to prevent access
immediately, until it is repaired and the appropriate approvals are in place.
Page 10 of 13
Section 11
ORDINARY MEETING AGENDA 18 JANUARY 2018
REPORT
A report on this application was considered by the General Committee on 15 January 2018 as item
5, and was subsequently referred to the Ordinary Meeting on 18 January 2018. During the course
of discussions at the General Committee meeting, Councillors requested details of whether the
existing buildings have appropriate building approval. In the circumstances, Councillors requested
a further report be brought to the Ordinary Meeting of 18 January 2018.
The existing Orange on Sunrise building has building approval originally issued in 1991, with
additions approved in 1995. However, there is no building approval for the deck area on the north
eastern side of the building or the south western side. This is relevant as it is understood that the
majority of the outdoor dining occurs on the deck located on the north eastern side of the building.
The applicant’s plans also indicate that there will be no dining on the south western deck. Refer
Figure 1- Proposal Plan - approved and not approved decks.
Council’s Building section have advised the north eastern deck is reasonably safe, but there are
some missing boards on the ramp up to the deck. Notably, patrons of Orange on Sunrise and the
Salon have alternative access directly from the carpark via the front entry deck (which has
approval).
To ensure the appropriate building approvals are obtained and the non-compliant ramp is
addressed, it is recommended that the applicant be advised to lodge an application for building
approval for the unapproved decks located on the north eastern side and the south western side
of the building within 60 days of the date of this approval. Further that the existing ramp be roped
off to prevent access immediately until it is repaired and the appropriate approvals are in place. A
new item D has been added to the recommendation to reflect this.
Figure 1 - Proposal Plan - approved and not approved decks
Page 11 of 13
Section 12
ORDINARY MEETING AGENDA 18 JANUARY 2018
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement x Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 12 of 13
Section 13
ORDINARY MEETING AGENDA 18 JANUARY 2018
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on 15 February 2018 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 13 of 13