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2016-04-28 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 28 April 2016
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
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
ORDINARY MEETING MINUTES 28 APRIL 2016
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor F Pardon
Councillor B Stockwell
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
M Drydale, Director Planning & Infrastructure
D Iezzi, Executive Manager
APOLOGIES
Nil.
The meeting commenced at 6.02pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 10 March 2016 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 10
Section 3
ORDINARY MEETING MINUTES 28 APRIL 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
19 APRIL 2016 – Crs. Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell,
Tony Wellington
Other Councillors in Attendance: Crs. Pardon, Wilkie & Glasgow
APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
That the Planning & Environment Committee appoint Cr Jurisevic as its Chairperson.
Carried.
The following Recommendations from the Planning & Environment Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
The Planning & Environment Committee recommendations dated 19 April 2016 be adopted.
Carried.
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
BUSINESSES -TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP AND
RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
EUMUNDI NOOSA ROAD NOOSAVILLE (MCU15/0095 & REC15/0022)
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Significance of issue
2 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR TRANSPORT
TYPE 3 - DEPOT SITUATED AT 44 NANDROYA ROAD, COOROY (MCU15/0085)
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 19 April 2016 regarding Application No. MCU15/0085 for a
Development Permit for a Material Change of Use - Transport Type 3 - Depot situated at
44 Nandroya Rd, Cooroy and:
A. Approve the application 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.
Page 3 of 10
Section 4
ORDINARY MEETING MINUTES 28 APRIL 2016
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
08-2692AD Plan showing location of new shed at 12-05-2015
lot 2 on RP193949, prepared by Max
Watterson & Associates
Q0427-SITE Site Layout, prepared by AJS Surveys 17-02-2016
2 of 6 Floor Plan, prepared by Fineline 2 December 2014
Residential Design
3 of 6 Elevations, prepared by Fineline 2 December 2014
Residential Design
6 of 6 Roof Plan, prepared by Fineline 2 December 2014
Residential Design
Earthworks
3. Earthworks required on site must be carried out in accordance with Council’s
Planning Scheme Policy PSP5 Engineering Design Standards, so as not to
cause the additional ponding of water on any adjoining lands or concentrate or
direct overland flow on to an adjoining property.
Advice Agency
4. The development must comply with the Energex Limited Referral Response
dated 16 March 2016, reference HBD 5059698 346062.
B. Find the following sufficient grounds to justify the decision despite the conflict with the
Planning Scheme:
1. The use is existing on the site and the development will not negatively impact
on the developed character or amenity of the area.
3 PLANNING & ENVIRONMENT COURT APPEAL D35/16 FOR A DEVELOPMENT
APPLICATION FOR OPERATIONAL WORKS (CLEARING VEGETATION) IN AN
ENVIRONMENTAL COVENANT AREA AT 6 SERENITY CLOSE, NOOSA HEADS
(OPW15/0195)
That Council note the report by the Environment Officer to the Planning & Environment
Committee Meeting dated 19 April 2016 regarding Planning and Environment Court Appeal
D35/2016 and agree to defend the appeal.
4 DRAFT NOOSA SHIRE KOALA CONSERVATION PLAN 2016
That Council note the report by the Principal Environment Officer to the Planning &
Environment Committee Meeting dated 19 April 2016 and agree to commence public
consultation on the Draft Noosa Shire Koala Conservation Plan.
Page 4 of 10
Section 5
ORDINARY MEETING MINUTES 28 APRIL 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
19 APRIL 2016 – Crs. Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie
Other Councillors in Attendance: Crs. Jurisevic & Jackson
APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
That the Services and Organisation Committee appoint Cr Pardon as its Chairperson.
Carried.
2 BUSINESS MENTORING NOOSA - FUNDING
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 membership of CCIQ Noosa. Cr Pardon 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.
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) as she is a member of CCIQ Noosa and prior to the election, she was a member
of the Chamber Management Committee. Cr Jackson believed she 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.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
That Council note the report by the Senior Economic Development Officer to the Services
& Organisation Committee Meeting dated 19 April 2016, and authorise the Chief Executive
Officer to provide the following support to assist the Business Mentoring Noosa program to
continue and develop through:
A. A one off direct funding in the amount of $5,000 to CCIQ Noosa as the auspicing
organisation for Business Mentoring Noosa;
B. Assistance in identifying additional direct funding opportunities; and
C. Other assistance including information, communication and resource sharing,
consistent with Councils enabling role as identified in the Local Economic Plan.
Carried.
Crs. Pardon & Jackson voted in favour of the motion.
The following Recommendations from the Services & Organisation Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Pardon
Seconded: Cr Wilkie
The Services & Organisation Committee recommendations dated 19 April 2016 be adopted
except where dealt with or held over by separate resolution.
Carried.
Page 5 of 10
Section 6
ORDINARY MEETING MINUTES 28 APRIL 2016
1 1516T002 PREFERRED SUPPLIER ARRANGEMENT FOR PARKS AND NATURAL
AREAS TREE GOODS & SERVICES TENDER ACCEPTANCE
That Council note the report by the Parks & Natural Areas Coordinator to the Services &
Organisation Committee Meeting dated 19 April 2016 and appoint the contractors listed in
Table 1 within the Report as preferred suppliers for Tree Goods and Services pursuant to
Tender 1516T002.
3 COUNCILLOR REPRESENTATION ON VARIOUS BOARDS, EXTERNAL
ORGANISATIONS AND WORKING GROUPS
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee meeting dated 19 April 2016 and:
A. Appoint the Mayor as a permanent member and Cr Wilkie as the initial member of the
CEO Performance Review Committee and authorise the Mayor to review and appoint
a Councillor representative on an annual basis;
B. Appoint the Mayor as Chair and Cr Jurisevic as Deputy Chair of the Noosa Local
Disaster Management Group and Cr Jurisevic as Chair of the Noosa Local Disaster
Recovery Committee;
C. Appoint Cr Wilkie as Council’s representative on the Tourism Noosa Board;
D. Appoint the Mayor to the Noosa Biosphere Reserve Foundation Board;
E. Appoint the Mayor and Cr Jurisevic as members of the Case Management Working
Group;
F. Appoint Cr Pardon as Council’s representative on the Northern SEQ Regional Roads
and Transport Group;
G. Note the Mayor’s membership of the SEQ Regional Plan Committee;
H. Appoint the Mayor and Cr Jackson as members of the Audit and Risk Committee;
I. Appoint Cr Stockwell as a member of the Environment Levy Working Group;
J. Appoint Cr Glasgow as Council’s representative on the Regional Arts Development
Fund Committee;
K. Appoint Cr Wilkie as a member of the Rufous Street Project Control Group;
L. Appoint Cr Stockwell as Chair of the Park Road Boardwalk Project Reference Group;
and
M. Appoint Crs. Pardon, Jackson and Wilkie as members of the Transport Strategy
Project Control Group.
4 CAPITAL PROGRAMME DELIVERY STATUS AS AT 31 MARCH 2016
That Council note the report by the Asset Planning Coordinator to the Services &
Organisation Committee Meeting dated 19 April 2016 providing an update on the status of
the projects being delivered in the 2015/16 Capital Works Programme.
5 FINANCIAL PERFORMANCE REPORT - MARCH 2016
That Council note the report by the Manager Financial Services to the Services &
Organisation Committee Meeting dated 19 April 2016 providing the March YTD monthly
financial performance report for the 2015/16 financial year.
Page 6 of 10
Section 7
ORDINARY MEETING MINUTES 28 APRIL 2016
GENERAL COMMITTEE RECOMMENDATIONS
26 APRIL 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Tony Wellington
APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Jurisevic
Seconded: Cr Pardon
That the General Committee appoint Cr Wilkie as its Chairperson.
Carried.
1 FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
BUSINESSES - TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP &
RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
EUMUNDI NOOSA RD, NOOSAVILLE (MCU15/0095 & REC15/0022)
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) as prior to the election, in her past capacity as Secretary of Noosa
Parks Association, she was a submitter in opposition to the application. Cr Jackson left the meeting
room for the debate and decision on the matter.
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 contributed to a newspaper article detailing the history of the
application site prior to the application being considered by Council. Cr Pardon 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.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
That Council note the reports by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26
April 2016 for a development application for a Material Change of Use of Premises - Retail
Business Type 2 Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots
& Access Easement, situated at 115 Eumundi Noosa Rd, Noosaville and approve the
application in part only, in accordance with the following:
A. Refuse application No. MCU15/0095 for a Material Change of Use of Premises -
Retail Business Type 2 Shop for the following reasons:
1. The service station poses unacceptable risks to human health, safety and
wellbeing at adjacent existing uses, in particular to children using directly
adjacent school facilities.
2. The development provides insufficient buffers to adjacent extremely sensitive
school uses.
3. The development conflicts with The Noosa Plan’s Noosaville Locality Code and
Business Uses Code as it is incompatible with, and has the potential to
adversely impact on, the adjacent school users.
4. The service station is unable to contain emissions within the site, as sought by
The Noosa Plan for sites adjoining community uses.
Page 7 of 10
Section 8
ORDINARY MEETING MINUTES 28 APRIL 2016
5. A precautionary approach should be applied pursuant to the Sustainable
Planning Act 2009, given the development’s significant health and safety risks
for adjoin the adjoining sensitive uses.
B. Approve application No. REC15/0022 for Reconfiguring a Lot (1 Lot into 2 Lots &
Access Easement), subject to the following conditions:
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision
Notice must be completed prior to submission of the subdivision plan to Council
for compliance assessment.
Approved Lot Reconfiguration Plan
2. The lot reconfiguration shall be carried out generally in accordance with
approved plan No. 3049PROP titled Proposed Subdivision Lots 1 & 2 and Emt
E in Lot 1 Cancelling Lot 30 on SP170751 123 Eumundi Road Noosaville by
John Dawson Surveys Pty Ltd and dated 18/9/2015, subject to the following
amendment:
a. 2.0m x 2.0m truncation for the proposed dividing boundaries near the
southeast corner of the proposed access handle.
3. All lot numbering on the subdivision plan to be submitted to Council for
compliance assessment must remain as shown on the Approved Plans.
4. The development must be undertaken and operated in a manner that causes
no detrimental effect upon the amenity of the neighbourhood by reason of the
creation of excessive noise, lighting nuisance or other emissions.
Easements
5. 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.
6. 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.
7. All works must be kept clear of any existing or proposed easements on the
subject land, unless agreed otherwise in writing by the Grantee.
Vehicle Access
8. All vehicle access to proposed Lots 1 and 2 must be via the proposed access
easement and a single shared access driveway in Eumundi Noosa Road. The
driveway must be located generally in the same location as the existing
driveway.
Stormwater
9. 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:
9.1. Stormwater system designed and constructed in accordance with
Council’s Planning Scheme Policy 5 – Engineering Design Standards –
Roads, Drainage and Earthworks
Page 8 of 10
Section 9
ORDINARY MEETING MINUTES 28 APRIL 2016
9.2. No adverse impact on other properties and the road’s footpath and
grassed verge (eg by diverting flows and/or blocking flows and causing
additional ponding)
9.3. Where applicable, extension of the site stormwater system to
accommodate stormwater from external site, including registration of
drainage easements
9.4. The use of gravity stormwater drainage only and not surcharge pits or
pumps.
10. Stormwater runoff from the development must be disposed of without causing
scour or damage to the subject site or any adjoining property.
Water & Sewer Connections
11. An underground connection to reticulated water and sewerage must be
provided to each lot in accordance with the standards and requirements of
Northern SEQ Distributor–Retailer Authority (Unitywater).
12. 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 each lot.
Carried.
Cr Pardon voted in favour of the motion. Cr Jackson was absent for the vote on this item.
Cr Jackson re-joined the meeting.
2 OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2015-16
Council Resolution
Moved: Cr Jackson
Seconded: Cr Pardon
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 26 April 2016 providing an update on progress with the implementation of
the Operational Plan to 31 March 2016 and details of Council’s Key Performance
Indicators.
Carried.
Page 9 of 10
Section 10
ORDINARY MEETING MINUTES 28 APRIL 2016
6 ORDINARY MEETING REPORTS
Nil.
7 PETITIONS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 19 May 2016 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.08pm.
Page 10 of 10