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2017-04-18 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                    18 APRIL 2017



GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
18 APRIL 2017 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington


1    SUBMISSION TO PROPOSAL BY ECO CAMP PTY LTD TO RECLASSIFY FISH HABITAT
     AREA AT ELANDA POINT
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) as he had made initial inquiries about purchasing the site adjoining the
     proposed jetty but did not proceed any further with that approach. Cr Pardon advised that he has no
     current or future personal interests in the site however he has made a personal submission to the
     State opposing the proposal to reclassify the fish habitat area. Cr Pardon left the room for the debate
     and decision on this matter.
     Committee Recommendation
     Moved:              Cr Stockwell
     Seconded:           Cr Wellington
     That Council note the report by the Environment Officer (Rivers and Coast) to the Planning
     and Environment Committee Meeting dated 11 April 2017 and request the Chief Executive
     Officer make a submission, as outlined in Attachment 3 of the Report, to the Marine Resource
     Management section of the Department of National Parks, Sport and Racing on the proposal
     by Eco Camp Pty Ltd to request a downgrade of approximately 2.6 ha of declared Fish
     Habitat Area at Elanda Point from a management A area to a management B area with the
     inclusion of additional arguments as follows:
     A.    Great Sandy Management Plan
           The proposal aims to facilitate infrastructure and commercial uses which are
           inconsistent with the objectives and future management vision of the Great Sandy
           Management Plan (esp. Strategy 3) and are inconsistent with the 'Natural' Recreation
           Opportunity Setting (ROS) for the Location.
           Specifically, the envisaged infrastructure and use proposed by the applicant:
           1.     is more suited to an 'Intensive Recreation' or 'Urban' ROS class;
           2.     will introduce conflict between participants in different activities or pursuits
                  currently supported by the 'Natural' ROS setting; and
           3.     will disrupt the recreational experience of lake users and their enjoyment of the
                  closeness to nature and tranquillity envisaged in a 'Natural' setting.
     B.    Declared Fish Habitat Strategy
           The proposal fails to provide any meaningful form of compensation for the downgrading
           as is expected (see p11 of strategy).
                                                                                                     Carried.
     Cr Pardon returned to the meeting.




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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         18 APRIL 2017



2   OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
    PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
    TERRACE, NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Wilkie
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a
    Development Permit for Operational Works for Prescribed Tidal Works – Extension to an
    Existing Deck situated at 290 Gympie Terrace Noosaville and: request a reviewed report to
    the Ordinary Meeting with an alternative motion to approve the application, which would
    include the following conditions:
    A.   That the Prescribed Tidal Works are to be used for the purpose of providing access to
         vessels and the ancillary lawful marine purposes conducted within the subject lease;
    B.   That the approval makes it clear that operational works approval in no way
         sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e. café
         with dining facilities for 10 or more people) or other uses requiring prior approval under
         the planning scheme; and
    C.   That the approval be issued on the grounds that the existing minor works
         constructed are consistent with:
         1.     the Overall Outcomes of the Watercourse Works Code (14.161), and
         2.     the relevant specific outcomes listed in the Watercourse Works Code with
                respect to:
                a)   Siting (14.163)
                b)   Character and Amenity (14.164)
                c)   Design Construction & Safety (14.165 & .168)

    A.   Refuse the application for the following reasons:
         1.     The proposed works are contrary to the Noosaville Locality Code as the works
                are for non-marine commercial purposes that will result in an increase in the
                overall scale and intensity of commercial operations on and adjacent to the
                Noosa River;
         2.     The proposed works are contrary to the Watercourses Works Code as the works
                are not for the sole purpose of providing access to vessels and the applicant has
                not demonstrated clear public benefit and support for the works; and
         3.     The proposed works are contrary to the IDAS Code for Prescribed Tidal Works
                as the proposal does not make any provision towards car parking facilities.
    B.   Advise the applicant that a Material Change of Use is required for the cafe to operate
         from the premises and that Council will give further consideration to the decks at the
         time the Material Change of Use application is lodged and once community
         consultation is undertaken for the Noosaville Foreshore Land Use Master Plan.
                                                                                          Carried.




                                                                                      Page 2 of 6

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                 18 APRIL 2017


3   MCU16/0075 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
    PREMISES - DETACHED HOUSE (19) AT 90 BEACH ROAD, NOOSA NORTH SHORE
    Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his business dealings with Petrac in 2008 and Solingen in 2011
    (both prior to his election to Council) to provide display material to the North Shore Eco Centre (also
    known as Great Sandy Eco Centre). Cr Wellington believed he could consider this item impartially and
    in the public interest and therefore remained in the meeting room for the debate and decision on this
    matter.
    Motion
    Moved:             Cr Jackson
    Seconded:          Cr Glasgow
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 April 2017 and request a reviewed report to the Ordinary
    Meeting with an alternative motion to approve the application, with conditions as appropriate.
     and refuse Application No. MCU16/0075 for a Development Permit for 19 Detached houses,
    situated at 90 Beach Road, Noosa North Shore for the following reasons:
    1.       The proposed use, defined as a Detached House under The Noosa Plan is an
    inconsistent use in a Visitor Mixed Use zone and is contrary to the Overall Outcomes of the
    Noosa North Shore Locality Code and the strategic intent of The Noosa Plan, which seeks
    to protect substantial key sites for visitor accommodation, with the subject site identified as
    one of the key sites;
    2.      The non-protection of substantial key sites for visitor accommodation will adversely
    impact upon a viable tourism economy for Noosa;
    3.       The proposal is likely to result in poor amenity for permanent residents and may
    create negative experiences for visitors to the resort, given the potential conflicts between
    permanent residents and visitors;
    4.        The proposal has the potential to increase pressure to provide additional
    infrastructure and services on the Noosa North Shore, contrary to The Noosa Plan and Local
    Government Infrastructure Plan; and
    5.      The applicant does not provide sufficient grounds to justify the conflict with the
    Planning Scheme and the proposal will not result in any significant benefits to the community.
                                                                                                     Lost.

    Motion
    Moved:             Cr Wellington
    Seconded:          Cr Jurisevic
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 April 2017 and refuse Application No. MCU16/0075 for a
    Development Permit for 19 Detached houses, situated at 90 Beach Road, Noosa North
    Shore for the following reasons:
    1.    The proposed use, defined as a Detached House under The Noosa Plan is an
          inconsistent use in a Visitor Mixed Use zone and is contrary to the Overall Outcomes
          of the Noosa North Shore Locality Code and the strategic intent of The Noosa Plan,
          which seeks to protect substantial key sites for visitor accommodation, with the subject
          site identified as one of the key sites;

                                                                                              Page 3 of 6

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          18 APRIL 2017


    2.   The non-protection of substantial key sites for visitor accommodation will adversely
         impact upon a viable tourism economy for Noosa;
    3.   The proposal is likely to result in poor amenity for permanent residents and may create
         negative experiences for visitors to the resort, given the potential conflicts between
         permanent residents and visitors;
    4.   The proposal has the potential to increase pressure to provide additional infrastructure
         and services on the Noosa North Shore, contrary to The Noosa Plan and Local
         Government Infrastructure Plan; and
    5.   The applicant does not provide sufficient grounds to justify the conflict with the Planning
         Scheme and the proposal will not result in any significant benefits to the community.


    Amendment
    Moved:           Cr Stockwell
    Seconded:        Cr Jurisevic
    That item 3 of the motion be deleted and item 1 be amended to read:
    1.   The proposed use, defined as a Detached House under The Noosa Plan is an
         inconsistent with the long term strategic planning intent and is an inconsistent use in a
         Visitor Mixed Use zone and is contrary to the Overall Outcomes of the Noosa North
         Shore Locality Code and the strategic intent of The Noosa Plan, which seeks to protect
         substantial key sites for visitor accommodation, with the subject site identified as one
         of the key sites;
                                                                                         Carried.

    Committee Recommendation
    Moved:           Cr Wellington
    Seconded:        Cr Jurisevic
    That Council note the report by the Development Planner to the Planning &
    Environment Committee Meeting dated 11 April 2017 and refuse Application No.
    MCU16/0075 for a Development Permit for 19 Detached houses, situated at 90 Beach Road,
    Noosa North Shore for the following reasons:
    1.   The proposed use, defined as a Detached House under The Noosa Plan is an
         inconsistent with the long term strategic planning and is an inconsistent use in a Visitor
         Mixed Use zone and is contrary to the Overall Outcomes of the Noosa North Shore
         Locality Code and the strategic intent of The Noosa Plan, which seeks to protect
         substantial key sites for visitor accommodation, with the subject site identified as one
         of the key sites;
    2.   The non-protection of substantial key sites for visitor accommodation will adversely
         impact upon a viable tourism economy for Noosa;
    3.   The proposal is likely to result in poor amenity for permanent residents and may create
         negative experiences for visitors to the resort, given the potential conflicts between
         permanent residents and visitors;




                                                                                       Page 4 of 6

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                18 APRIL 2017


    34.   The proposal has the potential to increase pressure to provide additional infrastructure
          and services on the Noosa North Shore, contrary to The Noosa Plan and Local
          Government Infrastructure Plan; and
    45.   The applicant does not provide sufficient grounds to justify the conflict with the Planning
          Scheme and the proposal will not result in any significant benefits to the community.
                                                                                                 Carried.



4   NOOSA WATERFRONT RESTAURANT REQUEST FOR APPROVAL OF EVENTS IN
    ADJACENT RECREATION PARK RESERVE
    Committee Recommendation
    Moved:             Cr Jurisevic
    Seconded:          Cr Pardon
    That Council note the report by the Property Advisor to the Services & Organisation
    Committee meeting dated 11 April 2017 and:
    A.    Agree to issue Temporary Event Permits to the Noosa Waterfront Restaurant for
          existing event bookings to 21 July 30 November 2017.
    B.    Advise Noosa Waterfront Restaurant that, should it seek ongoing access to the reserve
          land for commercial purposes, it should make a submission to the upcoming Noosaville
          Foreshore Land Use Master Plan project.
    C.    Further consider longer-term tenure associated with the Noosa Waterfront
          Restaurant’s use of the reserve land where it is recommended in the final adopted
          Noosaville Foreshore Land Use Master Plan.
                                                                                                 Carried.


5   FUTURE USES AND MANAGEMENT ARRANGEMENTS FOR THE COOROY MEMORIAL
    HALL
    Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) as he has previously signed a petition regarding the future of the Cooroy
    Memorial Hall. Cr Stockwell left the meeting room for debate and decision on this matter.
    Committee Recommendation
    Moved:             Cr Glasgow
    Seconded:          Cr Wellington
    That Council note the report by the Director Community Services to the General Committee
    Meeting dated 18 April 2017 and agree to:
    A.    Enter into an agreement to lease the Cooroy Memorial Hall to the Cooroy Memorial
          Hall Association Inc (the CMHA) for the purpose of the Association undertaking the
          schedule of maintenance and upgrade works as per Attachment 1;
    B.    Enter into a five year lease (with the terms and conditions of the lease being similar to
          other community hall lease arrangements) for the CMHA to manage and operate the
          Cooroy Memorial Hall, subject to the CMHA satisfactorily completing the schedule of
          maintenance and upgrade works as per Attachment 1and producing a final business
          plan; and

                                                                                             Page 5 of 6

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          18 APRIL 2017


    C.    Allocate up to $192,000 from Heritage Levy funds towards the Cooroy Hall
          maintenance and upgrade works on the proviso that the CMHA match these funds
          dollar for dollar either in cash or via grants, donations of goods or the provision of in
          kind services.
                                                                                          Carried.
    Cr Stockwell returned to the meeting



6    FEBRUARY BUDGET REVIEW 2016/17
     Committee Recommendation
     Moved:             Cr Jackson
     Seconded:          Cr Glasgow
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 18 April 2017 and approve the requested changes to the budget for the
     2016/17 financial year, as outlined in the attached Revised Budget Financial Statements.
                                                                                          Carried.



7    FINANCIAL PERFORMANCE REPORT - MARCH 2017
     Committee Recommendation
     Moved:             Cr Glasgow
     Seconded:          Cr Pardon
     That Council note the report by the Manager Financial Services to the General Committee
     Meeting dated 18 April 2017 providing the March YTD monthly financial performance report
     for the 2016/17 financial year.
                                                                                          Carried.



8    OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2016-17
     Committee Recommendation
     Moved:             Cr Stockwell
     Seconded:          Cr Pardon
     That Council note the report by the Chief Executive Officer to the General Committee
     Meeting dated 18 April 2017 providing an update on progress with the implementation of
     the Operational Plan to 31 March 2017 and details of Council’s Key Performance Indicators.
                                                                                          Carried.




                                                                                      Page 6 of 6

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