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2016-05-19 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 19 May 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 19 MAY 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 Shave, Director Corporate Services
M Drydale, Director Planning & Infrastructure
A Rogers, Director Community Services
APOLOGIES
Nil.
The meeting commenced at 6pm
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Jackson
The Minutes of the Ordinary Meeting held on 28 April 2016 be received and confirmed
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 2 of 14
Section 3
ORDINARY MEETING MINUTES 19 MAY 2016
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
10 MAY 2016 – Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell, Tony Wellington
Other Councillors in Attendance: Cr Frank Wilkie, Cr Jess Glasgow
The following Recommendations from the Planning & Environment Committee
were adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The Planning & Environment Committee recommendations dated 10 May 2016 be adopted.
Carried.
1 APPLICATION TO CHANGE DEVELOPMENT APPROVAL FOR OPERATIONAL WORK
ENGINEERING WORK VEHICLE CROSSOVER AT 6 HABITAT PLACE NOOSA HEADS
(OPW15/0197.01)
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for Referral: Cr Wellington disagrees with the recommendation.
2 REQUEST TO CHANGE EXISTING DEVELOPMENT APPROVAL FOR A DETACHED
HOUSE AT 38 PARK CRESCENT, SUNSHINE BEACH - MCU15/0070.01
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 May 2016 regarding Application No. MCU15/0070.01 for a
Change to an Existing Development Permit for Material Change of Use of Premises -
Detached House situated at 38 Park Crescent, Sunshine Beach and approve the request in
accordance with the following:
A. Agree to amend Condition 3 to read:
3. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans listed in
the following table and may be further amended by the conditions herein.
Plan No. Rev. Plan/Document Name Date
TP01 B Cover Sheet and Site Plan, prepared by NOF 27/04/16
Architects
TP02 B Ground Floor Level, prepared by NOF Architects 27/04/16
TP03 B Lower Floor Level, prepared by NOF Architects 27/04/16
TP04 B Rumpus Level, prepared by NOF Architects 27/04/16
TP05 B Roof Level, prepared by NOF Architects 27/04/16
TP06 B North East Elevation, prepared by NOF Architects 27/04/16
TP07 B North West Elevation, prepared by NOF Architects 27/04/16
TP08 B South East Elevation, prepared by NOF Architects 27/04/16
TP09 B South West Elevation, prepared by NOF Architects 27/04/16
TP10 B Section A, prepared by NOF Architects 27/04/16
TP12 B 3D View, prepared by NOF Architects 27/04/16
Page 3 of 14
Section 4
ORDINARY MEETING MINUTES 19 MAY 2016
B. Agree to delete Condition 8;
C. Change Condition 11 to read:
11. A mix of native landscaping including ground covers, shrubs and trees must be
provided for minimum width of 5m from the rear boundary (adjoining the
pathway). Landscaping must be in accordance with Council’s Planning Scheme
Policy PSP3 Landscaping Plants and Guidelines.
3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR DUPLEXES
AND RECONFIGURATION OF A LOT (BOUNDARY REALIGNMENT AND ACCESS
EASEMENTS) AT 33-35 GRANT STREET, NOOSA HEADS (MCU15/0108 &
REC15/0028)
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 10 May 2016 regarding Application No. MCU15/0108 &
REC15/0028 for a Development Permit for Multiple Housing – Type 2 Duplex (x 2) and
Reconfiguration of a Lot (2 into 2 Lots and Access Easements) situated at 33-35 Grant
Street, Noosa Heads and approve the application in accordance with the conditions
contained in the Planning & Environment Committee Agenda dated 10 May 2015.
4 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR A YOGA
STUDIO AND RESTAURANT AT NOOSA BLUE RESORT 16 NOOSA DRIVE, NOOSA
HEADS (MCU16/0011)
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 May 2016 regarding Application No. MCU16/0011 for a
Development Permit for Entertainment and Dining Business Type 1 - Food & Beverages
(Restaurant) and Entertainment and Dining Business - Type 2 Recreation, amusement &
fitness (Yoga Studio) situated at Lots 208 and 302 Noosa Blue Resort 16 Noosa Drive,
Noosa Heads and:
A. Approve the application in accordance with the conditions contained in the Planning
& Environment Committee Agenda dated 10 May 2015;
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The Yoga studio is low impact and compatible with the site’s existing visitor
accommodation and the surrounding area.
2. The Yoga studio provides a service to visitors and permanent residents in the
area.
3. The restaurant is complementary to the approved Visitor Accommodation use
on-site and offers guests and local residents a service reasonably expected in
a resort development.
4. The restaurant will not adversely impact on the developed character or
amenity of the area.
5 CARBON REDUCTION POLICY
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral: Councillors requested amendments to the Policy which are to be
presented in a further report for consideration at the General Committee Meeting.
Page 4 of 14
Section 5
ORDINARY MEETING MINUTES 19 MAY 2016
6 KIN KIN QUARRY BREACH
LITIGATION AND APPLICATION TO CHANGE EXISTING COURT APPROVAL
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral: Significance of the issue.
Page 5 of 14
Section 6
ORDINARY MEETING MINUTES 19 MAY 2016
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
10 MAY 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie.
Other Councillors in Attendance: Crs. Jackson & Jurisevic
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 10 May 2016 be adopted.
Carried.
1 MANAGEMENT OF ROADSIDE MEMORIALS POLICY
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Councillors requested amendments to the Policy which are to be
presented in a further report for consideration at the General Committee meeting
2 2015-16 OUT OF ROUND COMMUNITY PROJECT GRANTS FUNDING
That Council note the report by the Community Development Coordinator to the Services &
Organisation Committee Meeting dated 10 May 2016 and approve funding for the following
projects:
A. The Noosa Long Weekend Carnevale event ($4,000);
B. The Noosa Strade Bianche cycle event ($3,420); and
C. Sponsorship of the Healthy Towns Awards ($1,000).
3 NOOSA NORTH SHORE BEACH CAMPGROUND - PROPOSED OPTION
That Council note the report by the Property and Facilities Manager to the Services &
Organisation Committee Meeting dated 10 May 2016 and authorise the exercise of the
option to extend the current management agreement for a further one (1) year period
commencing 1 August 2016, subject to the Campground Manager signing a Deed of
Extension acknowledging that development works may commence late in the proposed
extension period and acknowledgement of the potential operational impact.
4 PROPOSED TRANSFER OF NOOSAVILLE SLIPWAY LEASE - 4 MILL STREET,
NOOSAVILLE
That Council note the report by the Property and Facilities Manager to the Services &
Organisation Committee Meeting dated 10 May 2016, and approve the proposed transfer
of the Noosaville Slipway sub-lease over Lot 168 SP177646 and Lot 167 SP223758 to
Charles Glen Nichols & Jason Schellaars trading as Noosa River Slipway (QLD) Pty Ltd
subject to Ministers consent for the transfer as required under section 322 of the Land Act
1994.
Page 6 of 14
Section 7
ORDINARY MEETING MINUTES 19 MAY 2016
5 ELECTRIC BUSES TENDER
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – To allow additional time for the outstanding items identified in the
report to be provided to Councillors
6 REQUEST FOR APPROVAL TO ATTEND TOURISM EVENTS QLD TOUR OF NEW
ZEALAND IN JUNE 2016
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 May 2016 and approve Cr Wilkie as Noosa Council’s
delegate for the Tourism and Events Queensland and State Tourism Organisation’s
“Sunshine Coast Leaders on Tour” to New Zealand 12-15 June 2016.
7 COUNCIL POLICY REVIEW
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 10 May 2016 and agree to repeal the following Council Policies
that transferred to Noosa Council from the Sunshine Coast Regional Council under the
Local Government (De-amalgamation Implementation) Regulation 2013:
A. Access and Inclusion Policy;
B. Civic Functions Policy;
C. Community Land and Complementary Commercial Activity Policy;
D. Councillor Correspondence Public Records Protocol;
E. Events Policy;
F. Media Engagement Protocol – Councillor;
G. Public Art Policy;
H. Sponsorship Policy; and
I. Strategic Discussion Forums.
8 EASTER 2016 FREE HOLIDAY BUSES SUMMARY
That Council note the report by the Project Officer to the Services and Organisation
Committee Meeting dated 10 May 2016 providing a summary of the Easter 2016 Free
Holiday Buses Programme.
9 COMMUNITY SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2015-2016
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 10 May 2016 providing an update on operations of
the Community Services Department for the period 1 January 2016 to 31 March 2016.
Page 7 of 14
Section 8
ORDINARY MEETING MINUTES 19 MAY 2016
10 CORPORATE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2015-16
That Council note the report by the Director Corporate Services to the Services &
Organisation Committee Meeting dated 10 May 2016 providing an update on operations of
the Corporate Services Department for the period 1 January 2016 to 31 March 2016.
11 EXECUTIVE OFFICE DEPARTMENT UPDATE - 3RD QUARTER 2015-16
That Council note the report by the Executive Manager to the Services & Organisation
Committee Meeting dated 10 May 2016 providing an update on operations of the Executive
Office for the period 1 January 2016 to 31 March 2016.
12 PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE - 3RD QUARTER 2015-16
That Council note the report by the Director Planning and Infrastructure to the Services &
Organisation Committee Meeting dated 10 May 2016 providing an update on operations of
the Planning & Infrastructure Department for the period 1 January 2016 to 31 March 2016.
Page 8 of 14
Section 9
ORDINARY MEETING MINUTES 19 MAY 2016
GENERAL COMMITTEE RECOMMENDATIONS
16 MAY 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington
3 FURTHER REPORT - MANAGEMENT OF ROADSIDE MEMORIALS POLICY
Moved: Cr Wilkie
Seconded: Cr Pardon
That Council note the report by the Director Community Services to the Services and
Organisation Committee Meeting dated 10 May 2016 and a further report to the General
Committee Meeting dated 16 May 2016 and adopt the Management of Roadside
Memorials Policy provided at Attachment 1 to the General Committee report with
1. the deletion of the words “and less than 75mm diameter” from paragraph (g) under
the heading Construction and Installation; and
2. replace the words “thus remain in place for a maximum period of 3 months” with “may
be removed after 3 months” in paragraph 6 under the heading Policy.
Carried.
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jackson
The General Committee recommendations dated 16 May 2016 be adopted except where dealt
with or held over by separate resolution.
Carried.
1 APPLICATION TO CHANGE DEVELOPMENT APPROVAL FOR OPERATIONAL
WORK ENGINEERING WORK VEHICLE CROSSOVER at 6 HABITAT PLACE
NOOSA HEADS (OPW15/0197.01)
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 10 May 2016 and approve the application to Change
Development Approval for Operational Work Engineering Work – Vehicle Crossover
(OPW15/0197.01), with the following changes to conditions 1, 2, 13, 16 and Advisory Note
1 to read as follows:
1. 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 Description Date
- - # 6 Habitat Place, Noosa Heads -
Page 9 of 14
Section 10
ORDINARY MEETING MINUTES 19 MAY 2016
2. The surfacing of the proposed crossovers (i.e. the section of the driveway between
the kerb line and the front boundary) must consist of either an approved
plain/patterned concrete, hot mixed asphaltic concrete or suitable grass cell turf
paving.
13. The property owner is responsible for the ongoing maintenance of and any liabilities
associated with the use of the crossovers. If at any time the nominated grass cell turf
paving proves to be unsuitable for the proposed use the property owner must replace
the grass cell turf paving with either concrete or asphalt. These works must be
undertaken as directed by Council and at no cost to Council.
16. The design of privately owned works must be undertaken in accordance with the
relevant standards. Structural integrity of the driveways will remain the responsibility
of the property owner/developer.
Advisory Note
1 As the driveways are private structures, the property owner bears full responsibly for
the standard of its construction, maintenance and any liabilities associated with its
construction and use.
2 FURTHER REPORT – EMISSION REDUCTION POLICY
That Council note the report by the Executive Manager to the Planning and Environment
Committee Meeting dated 10 May 2016 and the further report to the General Committee
Meeting dated 16 May 2016 and adopt the Emission Reduction Policy provided at
Attachment 1 to the General Committee Report.
4 ELECTRIC BUSES TENDER
That Council note the report by the Project Officer to the Services & Organisation
Committee Meeting dated 10 May 2016 and defer discussion of this item to the Ordinary
Meeting dated 19 May 2016 to allow additional time for the outstanding items identified to
be provided in a further report to Council at the Ordinary Meeting.
5 BUDGET REVIEW - MARCH QUARTER 2016
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 May 2016 and approve the requested changes to the budget for the
2015/16 financial year, as outlined in the attached Budget Financial Statements.
6 FINANCIAL PERFORMANCE REPORT - APRIL 2016
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 16 May 2016 providing the April YTD monthly financial performance report
for the 2015/16 financial year.
Page 10 of 14
Section 11
ORDINARY MEETING MINUTES 19 MAY 2016
7 SUNSHINE COAST INSTITUTE OF TAFE (NOOSA) -TEWANTIN CAMPUS
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 16 May 2016 in respect to the Tewantin Campus of the Sunshine Coast
Institute of TAFE (Noosa) located at 24 Cooroy Noosa Road, Tewantin and in response to
the State Government’s consultation process on Developing a Ten Year Strategic Training
Asset Management Plan, Council resolves that:
1. Council’s Economic Implementation Plan supports retention of the site for the
purposes of training and education and this continues to be Council’s preferred option
as the best solution for the Noosa community;
2. Council considers that short term solutions may be worthy of consideration to limit
further deterioration of the site assets, subject to any town planning requirements;
3. The State should resolve the long term position at the earliest possible time and in
the event that the TAFE assessment indicates no match with any training and
education demand, that Expressions of Interest should be formally advertised inviting
offers from interested parties for use of the site based on the high level principles set
out in the consultation document; and
4. The Chief Executive Officer provide a submission to the State Government in
accordance with the details set out in the report.
8 KIN KIN QUARRY BREACH
LITIGATION AND APPLICATION TO CHANGE EXISTING COURT APPROVAL
That Council note the report by the Manager Planning & Environment and Coordinator
Planning to the Planning & Environment Committee Meeting dated 10 May 2016 and defer
the discussion of this item to the Ordinary Meeting dated 19 May 2016 to allow time for
additional information to be provided in a further report to Council at the Ordinary Meeting.
Page 11 of 14
Section 12
ORDINARY MEETING MINUTES 19 MAY 2016
6 ORDINARY MEETING REPORTS
Refer Item 8 – Closed Session
7 PETITIONS
Nil.
8 CLOSED SESSION
CLOSURE OF THE MEETING TO THE PUBLIC
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the meeting be closed to the public pursuant to the Local Government Regulation 2012
Section 275 (1):
(e) for the purpose of discussing Item 1 – Further
Report - Electric Bus Tender; and
(f) for the purpose of discussing Item 2 – Further
Report - Kin Kin Quarry Breach Litigation & Application To Change Existing Court Approval
- 51987.2970 (TPC 1899)
Carried.
RE-OPENING OF MEETING TO THE PUBLIC
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That the meeting be re-opened to the public
Carried.
Page 12 of 14
Section 13
ORDINARY MEETING MINUTES 19 MAY 2016
1 FURTHER REPORT ELECTRIC BUS
DOCUMENT INFORM AT ION
TENDER
Moved: Cr Jurisevic
Seconded: Cr Pardon
That Council note the report by the Project Officer to the General Committee Meeting dated
16 May 2016 and the Further Report to the Ordinary Meeting dated 19 May 2016 and
A. Nominate Higer Bus & Coach as the preferred supplier for Contract 1516T067 for a
six month lease cost of $131,200 (excl GST) subject to the capacity of the local
Energex infrastructure at Noosa Junction Bus Station and Diyan Street, Tewantin.
B. Delegate authority to the Chief Executive Officer to negotiate and agree to any
remaining items requiring clarification and to award Contract 1516T067 to Higer Bus
& Coach subject to satisfactory compliance with the remaining conditions.
C. Authorise the CEO to negotiate with TransLink, Sunbus and Higer Bus and Coach
regarding the implementation, monitoring and reporting of the live trial; and
D. Approve the funding of the live trial to a maximum of $508,530 to be met from the
Public Transport Levy Reserve.
Carried.
2. FURTHER REPORT KIN KIN
QUARRY BREACH LITIGATION & APPLICATION TO CHANGE EXISTING COURT
APPROVAL - 51987.2970 (TPC 1899)
Moved: Cr Jackson
Seconded: Cr Stockwell
That Council note the report by the Manager Planning & Environment and Coordinator
Planning to the Planning & Environment Committee Meeting dated 10 May 2016 and the
further report to the Ordinary Meeting dated 19 May 2016 and advise Council’s solicitor to
settle the current Court applications generally in accordance with the following:
A. Agree to settle the Neilsens Quality Gravels Pty Ltd application D18 of 2016 to the
Planning and Environment Court in accordance with the draft judgement subject to
the further agreed amendments set out in the confidential report;
B. Discontinue the Noosa Shire Council application D114 of 2015 to the Planning and
Environment Court; and
C. Enter into a Deed of Agreement whereby the quarry operator is to pay Council’s
expert costs associated with the above matters and payment of $30,000 into an
appropriate land management fund.
Carried.
Page 13 of 14
Section 14
ORDINARY MEETING MINUTES 19 MAY 2016
9 NEXT MEETING
The next Ordinary Meeting will be held on 16 June 2016 at the at the Council Chambers, 9
Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.36pm
Page 14 of 14