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Meeting minutes
MINUTES
Planning & Environment
Committee Meeting
Tuesday, 7 November 2023
9:30 AM
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian
Stockwell
“Noosa Shire – different by nature”
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Page 2
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Clare Stewart (Acting Chair)
Cr Karen Finzel
Cr Brian Stockwell
NON COMMITTEE MEMBERS
Cr Amelia Lorentson
EXECUTIVE
Acting Chief Executive Officer Larry Sengstock
Director Development & Regulation Richard MacGillivray
Director Infrastructure Shaun Walsh
APOLOGIES
Cr Tom Wegener
Committee Resolution
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
That in accordance with Section 254K of the Local Government Regulation, Cr Finzel
is approved to attend the Meeting dated 7 November 2023 via Microsoft Teams.
Carried unanimously.
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Cr Stewart be appointed as Acting Chairperson of the meeting due to Cr
Wegener's absence.
Carried unanimously.
2. CONFIRMATION OF MINUTES
2.1. PLANNING & ENVIRONMENT COMMITTEE MINUTES DATED 12
SEPTEMBER 2023
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
The Minutes of the Planning & Environment Committee Meetings held on 12
September 2023 and 10 October 2023 be received and confirmed.
Carried unanimously.
2.2. PLANNING & ENVIRONMENT COMMITTEE MINUTES DATED 10 OCTOBER
2023
Refer previous resolution.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
3. PRESENTATIONS
Nil.
4. DEPUTATIONS
4.1. DARREN MCCLENAGHAN - RACV RESORT, SHANE ADAMDSON & JUSTIN
WATSON
TOPIC - DEVELOPMENT APPLICATION MCU22/0118 FOR 15 ECO-CABINS
Withdrawn by the Applicant.
4.2. KIM PETROVIC
TOPIC - PROPOSED HOTEL DEVELOPMENT AT NOOSA SPRINGS MCU
21/0110
Withdrawn by the Applicant.
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE
OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR,
NOOSA HEADS
Cr Lorentson left the meeting.
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
That Planning & Environment Committee Agenda Item 5.1 be referred to the
General Committee due to the significance of the issue.
Carried unanimously.
Cr Lorentson returned to the meeting.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A
DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A
FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That Planning & Environment Committee Agenda Item 5.2 be referred to the
General Committee due to the significance of the issue.
Carried unanimously.
5.3. MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 515
COOROY NOOSA ROAD, TINBEERWAH
Cr Lorentson left the meeting.
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
That Council note the report by the Senior Development Planner to the Planning
and Environment Meeting dated 7 November 2023 regarding Application No.
MCU22/0209.01 to make a minor change to an existing approval for a
Development Permit for a Material Change of Use – Short-Term Accommodation
situated at 515 Cooroy Noosa Rd, Tinbeerwah and:
A. Refuse the minor change application for the following reasons:
1. The proposed change does not constitute a minor change to the
development approval as the increase in the number of people on site
constitutes ‘substantially different development’, as the change will
increase the severity of known impacts, including noise and carparking.
2. The proposed development is inconsistent with the Overall Outcomes
(2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16
people and up to 16 vehicles on site is not considered ‘small scale’ in the
context of the subject site, locality and surrounding development and will
likely impact on the rural amenity and character of the area.
3. The proposed development is inconsistent with Overall Outcome (2)(f)
and PO25 of the Visitor Accommodation Code as the use of the premises
to accommodate 16 persons will unreasonably impact on the residential
amenity of the surrounding area due to the likely increase in noise to
adjoining properties and the scale of the use being incompatible with the
character and uses within the surrounding area.
B. Note the report is provided in accordance with Section 63(5) of the Planning
Act 2016.
Carried unanimously.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
5.4. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE
OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND
RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA
HEADS.
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That Planning & Environment Committee Agenda Item 5.4 be referred to the
General Committee as there is no quorum due to proposed conflict of interest
declarations.
Carried unanimously.
Cr Lorentson returned to the meeting.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 -
ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA
HEADS.
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
Planning & Environment Court Appeal No. D154 of 2023 and agree to continue
enforcement against Eugeniy Raiter and Catherine Dentsas to address the
current breaches of The Noosa Plan.
Carried unanimously.
5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023
ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS
Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
Planning & Environment Court Appeal No. D155 of 2023 and agree to continue
enforcement against Angela Dentsas and Vasilios Dentsas to address the current
breaches of The Noosa Plan.
Carried unanimously.
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PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
6. REPORTS FOR NOTING BY THE COMMITTEE
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
SEPTEMBER 2023
Committee Recommendation
Moved: Cr Clare Stewart
Seconded: Cr Brian Stockwell
That Council note the report by the Manager, Development Assessment to the
Planning & Environment Committee Meeting dated 7 November 2023 regarding
planning applications that have been decided by delegated authority.
Carried unanimously.
7. CLOSED SESSION
Nil.
8. MEETING CLOSURE
The meeting closed at 9.59am.