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2019-12-16 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
16 DECEMBER 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Brian Stockwell and Tony Wellington
1 NOOSA BIOSPHERE RESERVE FOUNDATION – 2018/19 ANNUAL REPORT
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Environmental Services Manager to the Planning &
Environment Committee Meeting dated 10 December 2019 and note the 2018/19 Annual
Report and audited Financial Statements received from the Noosa Biosphere Reserve
Foundation as provided at Attachments 1 and 2 to the report and thank Mr Dick Barnes for
his efforts in the Noosa Biosphere Reserve Foundation.
Cr Wellington joined the meeting.
Carried unanimously.
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Glasgow
That Cr Wellington be appointed as Acting Chairperson of the meeting whilst Cr Wilkie is absent
from the room.
Carried unanimously.
Cr Wilkie returned to the room and resumed the Chair.
2 TOURISM NOOSA 2018-19 ANNUAL REPORT AND FUNDING AGREEMENT
EXTENSION
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 December 2019 regarding Tourism Noosa’s 2018/19 Annual
Report and Funding Agreement and:
1. Note the Annual Report for the 2018/19 financial year (including the 2018/19 financial
statements) as provided at Attachment 1 to the report; and
2. Agree to extend the existing Funding Agreement between Tourism Noosa and Council
for a further two year period as currently provided for in Clause 2 of the Funding
Agreement.
Carried unanimously.
Page 1 of 9
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
The meeting adjourned at 12.06pm
The meeting resumed at 12.14pm
3 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES - POST 2ND
ROUND OF CONSULTATION
Motion
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 16 December 2019 and resolve:
A. To make the following changes in response to submissions to the Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
in tracked change extracts in Attachment 1:
i. amend the requirements for sandwich board / A-Frame signs to clarify that the
sandwich board / A-Frame must be placed on the property to which it refers, or
where this is not practically possible, immediately abutting the property on public
land;
ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A –
Frame signs and instead state that clear pedestrian, wheelchair and pram access
must be maintained at all times;
iii. clarify the wording for event directional signage to say that it must only be
displayed on the days of the event and not more than 7 days prior to the event;
B. Having considered the content of a public interest test report in relation to anti-
competitive provisions contained in each of Administration (Amendment) Local Law
(No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019, note the content of the public interest test report
in Attachment 2 and implement the recommendations of the public interest test report;
C. To proceed with the making of, and make, Administration (Amendment) Local Law (No.
1) 2019 as altered in Attachment 3;
D. To proceed with the making of, and make, Administration and Other Subordinate Local
Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4;
E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019 contain anti-competitive provisions;
F. To bring forward the consolidated version of:
a. Local Law No. 1 (Administration) 2015;
b. Subordinate Local Law No. 1 (Administration) 2015; and
c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads) 2015;
for adoption and commencement in early 2020 to enable the local law amendments to
commence when the new Noosa Plan takes effect.
Page 2 of 9
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
Amendment No. 1
Moved: Cr Stockwell
Seconded: Cr Glasgow
That item A and item A ii. be amended to read as follows:
A. To make the following changes in response to submissions to the Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
in tracked change extracts in Attachment 1:
ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A –
Frame signs and instead state that clear two way minimum 1.5m wide pedestrian,
wheelchair and pram access must be maintained at all times;
For: Crs. Stockwell and Wellington.
Against: Crs. Glasgow, Jurisevic, Jackson and Wilkie.
Lost.
Amendment No. 2
Moved: Cr Jackson
Seconded: Cr Jurisevic
That item A be amended and a new item A iv. be added to read as follows:
A. To make the following changes in response to submissions to the Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
in tracked change extracts in Attachment 1:
iv. Amend the self-assessable criteria for sandwich board / A-Frame signs to allow
a maximum of 1 (one) advertising device to be displayed per business operating
from the tenancy.
For: Crs. Jackson and Glasgow
Against: Crs. Wellington, Jurisevic, Stockwell and Wilkie.
Lost.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 16 December 2019 and resolve:
A. To make the following changes in response to submissions to the Administration and
Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown
in tracked change extracts in Attachment 1:
i. amend the requirements for sandwich board / A-Frame signs to clarify that the
sandwich board / A-Frame must be placed on the property to which it refers, or
where this is not practically possible, immediately abutting the property on public
land;
Page 3 of 9
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A –
Frame signs and instead state that clear pedestrian, wheelchair and pram access
must be maintained at all times;
iii. clarify the wording for event directional signage to say that it must only be
displayed on the days of the event and not more than 7 days prior to the event;
B. Having considered the content of a public interest test report in relation to anti-
competitive provisions contained in each of Administration (Amendment) Local Law
(No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019, note the content of the public interest test report
in Attachment 2 and implement the recommendations of the public interest test report;
C. To proceed with the making of, and make, Administration (Amendment) Local Law (No.
1) 2019 as altered in Attachment 3;
D. To proceed with the making of, and make, Administration and Other Subordinate Local
Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4;
E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and
Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law
(No. 1) 2019 contain anti-competitive provisions;
F. To bring forward the consolidated version of:
a. Local Law No. 1 (Administration) 2015;
b. Subordinate Local Law No. 1 (Administration) 2015; and
c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads) 2015;
for adoption and commencement in early 2020 to enable the local law amendments to
commence when the new Noosa Plan takes effect.
For: Crs. Wellington, Wilkie and Stockwell
Against: Crs. Glasgow, Jurisevic and Jackson
Carried on the casting vote of the Chair.
5 NOOSA SPIT SHORELINE EROSION UPDATE - DECEMBER 2019
Motion
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores
to the General Committee Meeting dated 16 December 2019 and
A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment
1 to the report; and
B. Refer funding of the implementation pathway as described in the Noosa Spit Shoreline
Erosion Management Plan for consideration in the 2020/21 financial year budget
process.
Page 4 of 9
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
Amendment
Moved: Cr Stockwell
Seconded: Cr Jackson
That item B be amended to read as follows:
B. Refer funding of for the implementation of the first phase of pathway as described in
the Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21
financial year budget process.
For: Crs. Stockwell, Wellington, Glasgow, Jurisevic and Jackson.
Against: Cr Wilkie.
Carried.
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores
to the General Committee Meeting dated 16 December 2019 and
A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment
1 to the report; and
B. Refer funding of for the implementation of the first phase of pathway as described in
the Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21
financial year budget process.
Carried unanimously.
6 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2019
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 December 2019 outlining November 2019 year to date financial
performance against budget, including key financial sustainability indicators.
Carried unanimously.
Page 5 of 9
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
CLOSURE OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That the meeting be closed to the public pursuant to section 275(1)(f) and Section 275(1)(g) of the
Local Government Regulation 2012 for the purpose of discussing Item 4 – 51987.2951.01 –
Planning & Environment Court Appeal No. 245 of 2019 – 42 Seaview Terrace, Sunshine Beach.
Carried unanimously.
RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jurisevic
That the meeting be re-opened to the public.
Carried unanimously.
4 51987.2951.01 - PLANNING & ENVIRONMENT COURT APPEAL NO. 245 OF 2019 (M
DESIGN & FOURTEEN ENTERPRISES) - MINOR CHANGE TO A DEVELOPMENT
APPROVAL FOR ADDITION OF A SWIMMING POOL AND DECK AT 42 SEAVIEW
TERRACE, SUNSHINE BEACH
Committee Recommendation
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Manager Development Assessment to the General
Committee meeting dated 16 December 2019 regarding Planning & Environment Court
Appeal No. 245 of 2019 and agree to settle the appeal generally in accordance with the
following conditions:
PLANNING
When Conditions must be Complied With
1. This development approval for a minor change to Town Planning Consent (TPC1918)
for a dwelling in a Sand Dune Problem Area, must be undertaken in accordance with
the conditions of approval.
2. The applicant must provide a copy of this development approval to the private building
certifier who assesses the subsequent development application for a development
permit for building works for the construction of the pool and deck area.
Approved Plans
3. Development must be undertaken strictly in accordance with the approved plans listed
in the following table unless otherwise amended by these conditions.
Page 6 of 9
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
Drawing No. Rev. Plan Date
2.1 C Ground Floor – Demolition, prepared by M Design 18.09.18
2.2 C Ground Floor Proposed, prepared by M Design 18.09.18
5.1 C Sections, prepared by M Design 18.09.18
P1 A Cover Page, prepared by Rienmac Pty Ltd 14.09.18
Sheet 1 of 3
P2 A Pool Plan, prepared by Rienmac* 14.09.18
Sheet 2 of 3
P3 A Details, prepared by Rienmac* 14.09.18
Sheet 3 of 3
*Note: The foundations are to be modified to comply with the Core Geotechnical
Consultants report dated, September 2019 (ref J000867-003-R-Rev 0).
Approved Documents
4. Development must be undertaken strictly in accordance with the approved documents
listed in the following table unless otherwise amended by these conditions.
Document
M Design & Fourteen Enterprises Pty Ltd (Appellants v Noosa Shire Council (Respondent),
Planning and Environment Appeal No.245 of 2019, Joint Expert Report dated 7 August 2019
including all Attachments:
Attachment 1
Working Notes: M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire
Council – 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek dated July 2019;
and
Attachment 2
Geotechnical Report, proposed swimming pool 42 Seaview Terrace, Sunshine Beach,
Updated in Response to Joint Information Request by Coastal Engineering Experts,
prepared by Core Consultants Pty Ltd and dated 24 September 2019; and
Attachment 3
Core Consultants email advice of 27 September 2019; and
Attachment 4
Coastal Erosion Historic Assessments by Neil Collins
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000
must be submitted to Council, to secure performance of all conditions of this approval,
prior to the issue of a Development Permit for Building 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.
Page 7 of 9
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
Landscaping
6. The existing trees, in particular the Pandanus tectorius located in the south east corner
of the site must be retained as shown on the approved plan by M Design, Drawing No.
2.1, Issue C, dated 18 September 2018.
7. Existing vegetation in the road reserve must be retained, unless written authorisation
from Council is granted for the clearing.
8. Trees to be retained must be protected from clearing or construction activities by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
Earthworks
9. 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.
Geotechnical Stability
10. All works must be carried out strictly in accordance with the geotechnical report
prepared by Core Consultants Pty Ltd and dated 24 September 2019, including the
following recommendations (which are the minimum specifications):
10.1. piles are to be a minimum of 10m deep;
10.2. pile arrangement number, arrangement and spacing and associated A frame
structure and capping beams are to be, as a minimum, in accordance with
Drawing Number P1001 entitled ‘A Frame for Slope Stabilisation General
Arrangement’ and in accordance with Figure B4 entitled ‘Case 4; Piles Support’;
10.3. grout columns are to be installed between the micro-piles to a minimum depth of
10m to prevent all sand flow between the piles; and
10.4. a minimum of 56 piles are required with 50 required under the eastern side of the
pool.
11. All works associated with the construction of the pool are to be certified by a Registered
Professional Engineer of Queensland (RPEQ) to ensure compliance with the
geotechnical report prepared by Core Consultants Pty Ltd and dated 24 September
2019, and the conditions of approval.
Coastal Protection
12. To protect the coastal dune system, a mix of native endemic coastal vegetation
consisting of ground covers, shrubs and trees must be planted for a width of 5m for the
full length of the seaward boundary in accordance with Council’s Planning Scheme
Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have
a minimum pot size of 200mm and must be planted at the following density:
a. trees must have a maximum spacing of 5m;
Page 8 of 9
Section 9
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 16 DECEMBER 2019
b. shrubs must have a maximum spacing of 2m; and
c. ground covers planted between the trees and shrub stems to provide a dense
coverage.
13. An access gate or like device allowing access to the beachfront area is not permitted
to be installed.
Carried unanimously.
Page 9 of 9