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2017-06-15 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 15 June 2017
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
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 15 JUNE 2017
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 12
GENERAL COMMITTEE RECOMMENDATIONS 16
7 ORDINARY MEETING REPORTS 20
8 CLOSED SESSION 20
9 NEXT MEETING 20
10 MEETING CLOSURE 20
Page 2 of 20
Section 3
ORDINARY MEETING AGENDA 15 JUNE 2017
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 18 May 2017 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 20
Section 4
ORDINARY MEETING AGENDA 15 JUNE 2017
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
6 JUNE 2017 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and
Tony Wellington.
1. MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (FITNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK DR
NOOSAVILLE
Item not dealt with by Planning and Environment Committee. Referred to General Committee
for consideration.
Reason for referral - To allow staff time to review proposed changes to Condition 7.
2 MCU16/0081 - DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
FOR MULTIPLE HOUSING TYPE 3 - RETIREMENT & SPECIAL NEEDS (90 BED AGED
CARE FACILITY) AT 28 EENIE CREEK ROAD NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Organisation
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0081 for a
Development Permit for a Material Change of Use for Multiple Housing Type 3 - Retirement
& Special Needs (90 bed aged care facility) situated at 28 Eenie Creek Rd Noosaville and
Refuse the application for the following reasons:
1. The proposed works are development is contrary to the Strategic Framework as the
development will place people and property at risk from bushfire and unduly burden
disaster management response and recovery capacity and capabilities.
2. The proposed works are development is contrary to the Noosaville Locality Code and
the Natural Hazards Overlay Code as the development is not compatible with the
natural hazard and will place people and property at risk.
3. The proposed works are development is contrary to the Natural Hazards Overlay Code
as the development will unduly burden disaster management response and recovery
capacity and capabilities.
4. Vegetation removal required within Open Space Precincts 1 and 3 will adversely impact
on the intended vegetated entrance to Noosa.
3 MCU16/0143 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE FOR
MULTIPLE HOUSING TYPE 4 CONVENTIONAL AT 12 AND 14 SERENITY CLOSE
NOOSA HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0143 for a
Development Permit for Material Change of Use of Premises - Multiple Housing Type 4
Conventional - 37 units situated at 12 and 14 Serenity Close Noosa Heads and approve the
application in accordance with the following conditions:
Approved Plans
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.
Page 4 of 20
Section 5
ORDINARY MEETING AGENDA 15 JUNE 2017
Plan No. Rev. Plan/Document Name Date
DA02 4 Site Plan Basement – Blackburne Jackson Design 28/02/2017
DA03 4 Site Plan Level 1 – Blackburne Jackson Design 28/02/2017
DA04 4 Site Plan Level 2 – Blackburne Jackson Design 28/02/2017
DA05 4 Site Plan Level 3 – Blackburne Jackson Design 28/02/2017
DA06 4 Site Plan Level 4 – Blackburne Jackson Design 28/02/2017
DA07 4 Site Plan Level 5 – Blackburne Jackson Design 28/02/2017
DA08 4 Stage 4a Basement Recreation Area – Blackburne 28/02/2017
Jackson Design
DA09 4 Stage 4a Basement Floor Plan – Blackburne Jackson 28/02/2017
Design
DA10 4 Stage 4a Level 1 Entry – Blackburne Jackson Design 28/02/2017
DA11 4 Stage 4a Level 1 – Blackburne Jackson Design Floor 28/02/2017
Plan
DA12 3 Stage 4a Level 2 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA13 3 Stage 4a Level 3 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA14 4 Stage 4a Level 4 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA15 5 Stage 4a Level 5 Roof Plan – Blackburne Jackson 08/03/2017
Design
DA16 4 Stage 4a South and North Elevations – Blackburne 28/02/2017
Jackson Design
DA17 4 Stage 4a Level 3 East and West Elevations – 28/02/2017
Blackburne Jackson Design
DA18 4 Stage 4a Level 3 Section A – Blackburne Jackson 28/02/2017
Design
DA19 3 Stage 4a Recreation Area – Blackburne Jackson Design 28/02/2017
DA20 4 Stage 4b Basement Recreation Area – Blackburne 28/02/2017
Jackson Design
DA21 4 Stage 4b Level 1 Recreation Area – Blackburne Jackson 28/02/2017
Design
DA22 4 Stage 4b Level 1 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA23 3 Stage 4b Level 2 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA24 3 Stage 4b Level 3 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA25 3 Stage 4b Level 4 Floor Plan – Blackburne Jackson 28/02/2017
Design
DA26 4 Stage 4b Level 5 Roof Plan – Blackburne Jackson 08/03/2017
Design
DA27 4 Stage 4b Southwest and Northwest Elevations – 28/02/2017
Blackburne Jackson Design
DA28 3 Stage 4b Level 3 Northeast and Southeast Elevations – 28/02/2017
Blackburne Jackson Design
DA29 4 Stage 4b Level 3 Section B – Blackburne Jackson 28/02/2017
Design
DA30 3 Stage 4b Recreation Area – Blackburne Jackson Design 28/02/2017
DA32 4 Roof Perspective – Blackburne Jackson Design 08/03/2017
DA33 3 Stage 4a Roof Perspective Views – Blackburne Jackson 28/02/2017
Design
DA34 3 Stage 4b Roof Perspective Views – Blackburne Jackson 28/02/2017
Design
DA35 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA36 3 Site Perspectives – Blackburne Jackson Design 28/02/2017
DA42 2 Stage 4a & 4b Driveway Sections – Blackburne Jackson 28/02/2017
Design
Page 5 of 20
Section 6
ORDINARY MEETING AGENDA 15 JUNE 2017
2. 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.
3. All exterior surfaces must be in muted and non-reflective tones that blend in with the
surrounding natural landscape.
4. Any fencing provided in conjunction with the development is to be setback at least 1
metre from the road frontage with at least half of any fence setback 2 metres. Dense
landscaping is to be provided between the road frontage and any fencing.
5. The building height shall not exceed the Reduced Levels indicated on the approved
plans. Prior to the release of the performance bond a verification certificate shall be
submitted by a Licensed Surveyor confirming that the building does not exceed these
levels.
6. Existing trees on the site and within road reserves are to be retained except where
required to be removed due to building operations, requirements of the Bushfire
Management Plan or the conduct of the approved use.
7. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
8. Security in the form of a cash bond or trading bank guarantee to the sum of $30,000
must be submitted, to secure performance of all conditions of this approval, prior to the
issue of a Development Permit for operational 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.
9. The requirements of this development approval are to be effected, prior to the use of
the premises. Council reserves the right to call upon the bond or guaranteed sum
referred to in this approval to effect compliance with conditions.
10. This Development Permit for a material change of use lapses if the use has not
happened by 15 June 2021, unless an application to extend the relevant period is
approved by Council.
11. The developer must obtain all of the other Development Permits referred to in the
Decision Notice, prior to obtaining a Development Permit for building works.
Site Access and Driveways
12. A sealed access driveway must be provided from Serenity Close to all parking and
manoeuvring areas of the development. The works must be undertaken in accordance
with an Operational Works approval and must include in particular:
a. a driveway crossover in accordance with standard drawing RS-051;
b. a driveway designed and constructed in accordance with AS/NZS2890.1:2004
and Council’s design standards with grades that prevent vehicles from scraping
and/or bottoming whilst also allowing pedestrians movements along the footpath
without any level difference.
Car Parking
13. A minimum of 84 car parking spaces must be provided and marked on the site. The
works must be undertaken in accordance with an Operational Works approval and
must include in particular:
a. 9 visitor/disabled parking spaces within the total, which are clearly marked for
that purpose and accessible at all times for visitor use;
b. crossfalls and gradients in accordance with Australian Standard AS2890: Parking
Facilities.
Page 6 of 20
Section 7
ORDINARY MEETING AGENDA 15 JUNE 2017
14. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
15. Directional signage must be provided to direct visitors to the car parking spaces
provided on site.
16. All vehicles must enter and leave the site in a forward direction.
Service Vehicles
17. One of the carparking spaces towards the frontage of the development (outside the
proposed gates) must be used as a shared service bay for small delivery/maintenance
vehicles. This space shall be clearly line-marked and sign posted for use by Service
Vehicles between the hours of 6am to 6pm. Outside of the specified hours the space
could be used as a standard visitor space.
Landscaping Works
18. The development site must be landscaped. The works must be undertaken in
accordance with an Operational Works approval and the Noosa Plan for that specific
area and must include in particular:
a. retention of existing trees within the side and front setback areas, except where
their removal would be necessary as a result of approved building or operational
works;
b. retention of existing trees between the building and the area of the site identified
as Open Space Conservation & Waterway on Drawing No. 881228/E, titled
‘Metes & Bounds Plan for Private Open Space for Conservation and Waterways
Protection on Residential High Density (RHD) and dated 30 June 2004, except
where their removal would be necessary as a result of approved building or
operational works or the requirements of the Bushfire Management Plan;
c. incorporation of koala and glossy black cockatoo food trees;
d. mature planting, including a minimum of 3 x 100 litre native trees and 20 x 45
litre native trees;
e. screening vegetation between the public access pathway and the building;
f. details of any external fencing or gates to be provided.
19. Existing trees on the site and within road reserves are to be retained except where
required to be removed due to building operations, requirements of the Bushfire
Management Plan & the Ecological Restoration Plan or the conduct of the approved
use.
20. The public access pathway must provide for unobstructed pedestrian access for the
general public during daylight hours 7am to 7pm, 7 days a week.
Vegetation Protection
21. All trees to be retained shall be clearly defined on all drawings and clearly marked on
site to prevent any damage occurring to these trees.
22. Any excavation works within 6 metres of the boundary of the Open Space Conservation
& Waterway on Drawing No. 881228/E, titled ‘Metes & Bounds Plan for Private Open
Space for Conservation and Waterways Protection on Residential High Density (RHD)
and dated 30 June 2004, must be in accordance with an operational works approval.
23. Any works required within the drip zone of any trees to be retained shall be carried out
by hand, not by machinery.
Page 7 of 20
Section 8
ORDINARY MEETING AGENDA 15 JUNE 2017
24. The internal driveway (or any other form of hard pavement for that matter) within the
drip zone of any trees on site to be retained shall be designed to allow the flow of water
through the pavement or be designed to direct stormwater runoff to the trees root
system. To this extent the uncovered visitor spaces towards the frontage of the
development may be able to incorporate pervious paving that allows water penetration.
25. All pavements shall be constructed so as not to damage the root system of any trees
to be retained and in this regard temporary fencing shall be provided around the trees
during construction to help protect them.
26. Plans shall be submitted to the Council for approval that clearly show the type and
extent of pavements proposed, how they comply with the above conditions and also
illustrating any temporary fencing to protect the trees prior to obtaining a Development
Permit for Operational Works.
Fauna Management
27. Vegetation must only be removed or disturbed in accordance with a Fauna
Management Plan (or part thereof) prepared by a qualified person* and endorsed
through an Operational Works approval. The Fauna Management Plan must include a
plan showing all trees in developable site in relation to the approved development.
*(Refer to Advisory Note)
Bushfire Information Kit
28. A Bushfire Information Kit must be submitted for approval and endorsed through an
operational works approval. The kit must provide clear and practical instructions
regarding the bushfire management requirements of the covenant area. These
instructions are to be in plain English, logical format, provide concise direction for the
management of the covenant area in accordance with the approved Bushfire
Management Plan.
Frontage Works
29. Footpath improvements such as topsoiling, grassing, and tree planting are required to
the Serenity Close frontage of the site (if not already provided) in accordance with
Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. Grass shall be
couch, free of weeds.
30. A new 1.5 metre wide concrete path shall be constructed along the Serenity Close
frontage of the site (if not already provided) in accordance with Council’s design
standards and to an alignment that protects any significant vegetation or any
underground services.
31. All paths shall be designed and constructed to ensure pedestrian safety using non-slip
materials and to produce an evenly graded surface finish.
Stormwater Drainage
32. All stormwater drainage shall be collected on site and discharged so there is no net
increase in stormwater runoff from the site.
33. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
The works must be undertaken in accordance with an Operational Works approval and
must include in particular a drainage system generally in accordance with the approved
Environmental Management Plan for the Settlers Cove development.
34. On site swale drains will be required to capture and direct any overland stormwater
runoff to the Infiltration Pits proposed on site. These swales shall be sized to carry a
3-month storm event and plans detailing their capacity, location, length, width and
grades shall be submitted to Council for approval.
Page 8 of 20
Section 9
ORDINARY MEETING AGENDA 15 JUNE 2017
35. All site stormwater drainage shall be by means of a gravity system.
36. Plans of the entire on-site drainage design must be prepared by a Registered
Professional Civil Engineer and submitted to Council prior to obtaining a Development
Permit for Operational Works.
Electricity and Telecommunication Services
37. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits, pits and
pipes to accommodate the future connection of optic fibre technology
telecommunications.
38. Certification must be submitted to Council from all relevant service providers which
certifies that the development has met the requirements of this Decision Notice and all
applicable legislation at the time of construction.
Easements
39. 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.
40. 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.
41. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
42. All earthworks and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
43. Plans and details outlining the extent of earthworks required on site and any trees to
be retained shall be submitted to Council for approval prior to obtaining a Development
Permit for Operational Works.
44. All major excavations (including the basement and driveways) shall be shored to
prevent batters extending into areas and vegetation that are to be retained. All trees
to be retained should be adequately tagged to Council’s satisfaction and enclosed with
a barrier fence to the drip line to prevent damage.
45. A Geotechnical Engineer or similar qualified expert shall assess the soil condition on
site, determine the soil classification, establish whether any measures are required to
protect the stability of adjoining buildings and/or structures and/or land, and make
recommendations on the type of foundation system(s) best suited for the proposed
development. The recommendations of this report shall be incorporated into the design
and construction of the proposed development.
46. Earthworks shall not cause the ponding of water on any adjoining lands or the blockage
of, or interference with, any natural watercourses or overland flow path.
47. All retaining walls must be designed and constructed in accordance with the planning
scheme and must be certified by an RPEQ where exceeding 1.0m in height. All
retaining walls that are publicly accessible and exceed 1.0m in height must be fitted
with a commercial grade safety fence.
Page 9 of 20
Section 10
ORDINARY MEETING AGENDA 15 JUNE 2017
Erosion and Sediment Control
48. Any person acting on this permit shall prevent erosion and sediment export from
leaving the site. Site control measures such as silt fencing, controlled gravel access
to the site, controlled disposal of waste, catch drains, and temporary infiltration or sump
pump-outs will be necessary.
49. Plans detailing the methods of controlling erosion and sediment are required to be
submitted to the Council for approval prior to obtaining a Development Permit for
Operational Works. The applicant is advised that a simple silt fence by itself is unlikely
to meet the objectives of best practice for Erosion & Sediment Control.
Damage to Services and Assets
50. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
Community Management Statement Requirements
51. The Applicant and all future owners of the site shall comply with the Environmental
Management Plan (EMP) for Settlers Cove Development 23118 DA and compliance
with the EMP shall be referenced in any community management statement over the
site.
52. The Fire Management Plan is to be implemented by the Developer and future owners
of the site and is to be referenced in any community management statement.
Environmental Health
53. The developer must provide a suitably screened imperviously paved area large enough
for all refuse and recycling containers. A wash down area is required with a cold-water
tap, hose and drain outlet connected to sewer. The drain outlet is to be designed to
prevent stormwater entry to the sewerage system.
54. Street litter bins to a design approved by Council, shall be supplied and installed at the
developer’s expense at agreed locations.
55. Refuse chutes must be provided, in accordance with Council’s Policy for Refuse
Chutes and Accessories in Multi Storey Buildings.
56. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure
or located in a manner which prevents a noise nuisance beyond the subject land in
accordance with the nuisance provisions of the Environmental Protection Regulation
1998. On the spot fines apply for such offences.
57. Air conditioning units shall be located in a manner which prevents noise nuisance
beyond the subject land in accordance with the nuisance provisions of the
Environmental Protection Regulation 1998 and Council’s Local Law No. 12 - Control of
Nuisances. On the spot fines apply for such offences.
An occupier of premises where there is air-conditioning equipment must not use or
allow the use of the equipment -
57.1 before 7am or after 10pm on any day if it makes noise or causes noise to be
made of more than the higher of the following –
57.1.1 40 dB(A)
57.1.2 3 dB(A) above the background noise level
Page 10 of 20
Section 11
ORDINARY MEETING AGENDA 15 JUNE 2017
57.2 from 7am to 7pm on any day if it makes noise or causes noise to be made of
more than the lower of either of the following -
57.2.1 50 dB(A)
57.2.2 5 dB(A) above the background noise level
57.3 from 7pm to 10pm on any day if it makes noise or causes noise to be made of
more than 3 dB(A) above the background noise level.
4. 132007.1259.05 PLANNING &ENVIRONMENT COURT APPEAL 1360 & 1361 OF
2017 DEVELOPMENT APPLICATION TO CHANGE THE DEVELOPMENT
APPROVAL & EXTEND THE RELEVANT PERIOD FOR VISITOR
ACCOMMODATION, OFFICE, SHOPS & RESTAURANTS AT 215A DAVID LOW
WAY, PEREGIAN BEACH
That Council note the report by the Coordinator Planning to the Planning &
Environment Committee Meeting dated 6 June 2017 regarding Planning and
Environment Court Appeals 1360/2017 & 1361/2017 and agree to defend the appeals.
5. DELEGATIONS FOR PLANNING ACT 2016
That Council note the report by the Manager, Planning & Environment to the Planning
& Environment Committee Meeting dated 6 June 2017, and
A. Pursuant to section 257 of the Local Government Act 2009, agree to delegate
the powers for the Planning Act 2016 as detailed in Attachment 1;
B. Note that a Special Meeting of Council may be required will be held for those
code assessable applications where the proposed development is of significant
community interest and where new legislative decision making time frames mean
that a decision cannot be made through the normal Council Meeting cycle.
6. ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT 2016
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Amendments are required and are to be presented in a Further
Report for consideration at the General Committee meeting.
Recommendation
The Planning & Environment Committee recommendations dated 6 June 2017 be adopted except
where dealt with or held over by separate resolution.
Page 11 of 20
Section 12
ORDINARY MEETING AGENDA 15 JUNE 2017
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
6 JUNE 2017 – Crs Jess Glasgow (Acting Chair), Tony Wellington & Frank Wilkie
Apologies: Cr Frank Pardon
Other Councillors in Attendance: Cr Ingrid Jackson, Cr Brian Stockwell (left the meeting for items
7 - 11)
APPOINTMENT OF CHAIRPERSON
Moved: Cr Wilkie
Seconded: Cr Wellington
That the Committee appoint Cr Glasgow as the Acting Chairperson for the meeting.
Carried.
1 NOOSA TRANSPORT STRATEGY 2017-2027 - ADOPTION
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for consideration.
Reason for referral – Significance of the issue.
2 CAPITAL PROGRAM DELIVERY STATUS – APRIL 2017
That Council note the report by the Asset Planning Coordinator to the Services &
Organisation Committee Meeting dated 6 June 2017 providing an update on the status of the
projects currently being delivered in the 2016/17 Capital Works Program, and endorse the
name change of the Capital Works Project Control Group to Capital Works Executive.
3 1617T111 ALERT FLOOD WARNING STATIONS
That Council note the report by the Technical Officer to the Services & Organisation
Committee Meeting dated 6 June 2017 and award tender 1617T111 for construction of alert
flood warning stations to Ecowise Australia Pty Ltd trading as ALS Hydrographics for the
lump sum price of $206,718 (excluding GST).
4 FUTURE OF HANG GLIDING AND PARAGLIDING ACTIVITY – TINGIRA CRESCENT,
SUNRISE BEACH
Item not dealt with by Services & Organisation Committee. Referred to General Committee
for consideration.
Reason for referral – Significance of the issue.
Page 12 of 20
Section 13
ORDINARY MEETING AGENDA 15 JUNE 2017
5 ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
PERMITS (1617E119)
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 6 June 2017 and:
A. Issue 3 year permits commencing 1 July 2017 to the following nine recommended
permit holders:
Activity Recommended Permit Holder
Learn to Surf Noosa Main Beach West 1 Surf Skills Pty Ltd t/as Learn to Surf Noosa
(No change)
Learn to Surf Noosa Main Beach West 2 Go Ride A Wave Pty Ltd t/as Noosa Surf
Lessons and Go Ride A Wave
(No change)
Kayak Hire and Tours – Surf Skills Pty Ltd t/as Noosa Ocean Kayak
Noosa Main Beach West Tours and Hire
(No change)
Beach Equipment Hire – Main Beach Dorajar Pty Ltd t/as Noosa Beach Surf Hire
(No change)
Beach Equipment Hire – Go Ride A Wave Pty Ltd t/as Noosa Surf
Noosa Main Beach West Lessons and Go Ride A Wave Pty Ltd
Snacks and Drinks Refreshment Noosa Spit David Draper t/as Spit Beach Snacks
(No change)
Surf Dancing - between rockwalls Surfdancer Pty Ltd t/as Surfdancer
(No change)
Kite Surfing Lessons – Noosa River Mouth & Tarr’s Enterprises Pty Ltd t/as Adventure
Burgess Creek south to Peregian Beach Sports Kitesurf Australia
(No change)
Settlers Cove Jetty Water Taxi Wilschke Discretionary Trust t/as Gondolas
of Noosa Pty Ltd
(No change)
B. Publicly re-advertise for Expressions of Interest for the beach massage permit and offer
an interim permit commencing 1 July 2017 to the existing permit holder to allow
continuity of operations until Council considers a further report on the outcomes of the
new EOI process;
C. Add a condition to both the Beach Equipment Hire permits to ensure that activity and
equipment associated with the permits are limited to a 49m2 permit area; and
D. Add a condition to the Beach Equipment Hire Noosa Main Beach permit to ensure the
equipment trailer associated with the permit activity is delivered to Noosa Main Beach
generally before 6:00am in the summer periods (from commencement of September
school holidays to completion of Easter school holidays) and before 7:00am at other
times.
6 NON-CURRENT ASSET ACCOUNTING POLICY UPDATE
That Council note the report by the Financial Accountant to the Services & Organisation
Committee Meeting dated 6 June 2017 and:
A. Adopt the updated Non-Current Asset Accounting Policy provided as Attachment 1 to
the report; and
B. Note that for asset accounting purposes, this policy is to be applied from 1 July 2016.
Page 13 of 20
Section 14
ORDINARY MEETING AGENDA 15 JUNE 2017
7 2017-18 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT
GRANTS (ROUND ONE) – PROGRAMS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 June 2017 and approve the 2017/2018 Round One
Community Project Grants – Programs provided in Attachment 1 to the report.
8 2017-18 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT
GRANTS (ROUND ONE) – EVENTS
Cr Wilkie declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his role as a Friend of The Noosa Long Weekend Inc. Cr Wilkie left the
meeting room for the debate and decision on this matter.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 June 2017 and approve the 2017/2018 Round One
Community Project Grants - Events provided in Attachment 1 to the report.
Cr Wilkie rejoined the meeting.
9 2017-18 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT
GRANTS (ROUND ONE) – EQUIPMENT
Cr Wilkie declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his ex-officio membership on the Cooroy Futures Group Inc. Cr Wilkie left
the meeting room for the debate and decision on this matter.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 June 2017 and approve the 2017/2018 Round One
Community Project Grants – Equipment provided in Attachment 1 to the report.
Cr Wilkie rejoined the meeting.
10 2017-18 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT
GRANTS (ROUND ONE) – INFRASTRUCTURE
Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local Government
Act 2009) due to his position as Secretary of the Noosa Gymnastics Club Inc. Cr Wilkie left the meeting
room for the debate and decision on this matter.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 June 2017 and approve the 2017/2018 Round One
Community Project Grants – Infrastructure provided in Attachment 1 to the report.
Cr Wilkie rejoined the meeting.
Page 14 of 20
Section 15
ORDINARY MEETING AGENDA 15 JUNE 2017
11 REGIONAL ARTS DEVELOPMENT FUND – GRANT RECOMMENDATIONS – 2016/17
Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local Government
Act 2009) due to his position as President of the Noosa Arts Theatre. Cr Wilkie left the meeting room for
the debate and decision on this matter.
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 June 2017 and approve the Regional Arts
Development Fund recommendations for 2016/17 as outlined in Attachment 1 to the report.
Cr Wilkie rejoined the meeting.
12 PLANNING & INFRASTRUCTURE DEPARTMENT UPDATE – 3RD QUARTER 2016-17
That Council note the report by the Acting Director Planning and Infrastructure to the Services
& Organisation Committee Meeting dated 6 June 2017 providing an update on operations of
the Planning & Infrastructure Department for the period 1 January to 31 March 2017.
Recommendation
The Services & Organisation Committee recommendations dated 6 June 2017 be adopted except
where dealt with or held over by separate resolution.
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Section 16
ORDINARY MEETING AGENDA 15 JUNE 2017
GENERAL COMMITTEE RECOMMENDATIONS
12 JUNE 2017 – Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington.
1. MCU16/0137 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF
PREMISES ENTERTAINMENT & DINING BUSINESS TYPE 2 RECREATION,
AMUSEMENT & FITNESS (FITNESS CENTRE) AT NOOSA HOME 5/8 SELKIRK DR
NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 June 2017 regarding Application No. MCU16/0137 for a
Development Permit for Material Change of Use of Premises - Entertainment & Dining
Business Type 2 - Recreation, Amusement & Fitness (Fitness Centre) situated at Noosa
Home 5/8 Selkirk Drive Noosaville 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.
Approved Plans
2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed within this Decision Notice.
Plan No. Rev. Plan Name Date
Job No. A Proposed Ground Floor Plan, drawn by 2 October 2016
2016/61 Architectural Solutions – Building Design
Job No. A Proposed Mezzanine Floor Plan, drawn by 2 October 2016
2016/61 Architectural Solutions – Building Design
Nature and Extent of Approved Use
3. Approval is for a Fitness Centre in tenancy No. 5 in the Noosa Home complex
with a total gross floor area of 719m2.
4. The Fitness Centre class size must not exceed a maximum of 20 persons at any
one time.
5. The Fitness Centre may operate 24 hours a day, Monday to Sunday.
6. The number of overlapping fitness classes between the hours of 8am and 4pm
on weekdays is limited to 2 and there must be no more than 3 overlapping
classes between 5.30pm and 6.30am on weekdays. Overlapping classes are
classes that either directly overlap in time, or where there is less than half an
hour between the conclusion of one class and the start of another.
Acoustics
7. The use must be in accordance with The ‘Desk Top Environmental Noise Impact
Assessment of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report
No R17015, prepared by David Moore and Associates Pty Ltd dated 1 March
2017, unless varied by the following:
a) Ensure all windows and doors facing Walter Hay Drive cannot be opened;
b) There is to be no amplified music or voices The hours of the fitness room
within the centre are limited to between the hours of 7pm and 7am and
10pm;
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Section 17
ORDINARY MEETING AGENDA 15 JUNE 2017
c) Noise emanating from the premises including amplified or no-amplified
noise and patron noise must not exceed 84db (A) when measured
approximately 3 metres from the primary source of the noise;
d) All amplified noise at the premises must be conducted through a sound
limiting device at all times to ensure that noise does not exceed levels
prescribed in condition c);
e) The sound limiting device must have a locking mechanism, which is to be
locked at all times except for inspection or maintenance work on the device;
f) Access to the sound limiting device, except for maintenance work, must be
restricted to the gym manager, nominee and the person in charge of the
premises at any time; and
g) The sound limiting device must be checked and if necessary calibrated by
a qualified acoustic engineer at least every 12 months to ensure
compliance with condition c).
Advertising Signage
8. Any advertising sign or device must comply with Council's policies on advertising.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. Gyms (fitness centres) are generally floor area intensive and require tenancies
within industrial units that are most readily found in the Industrial Zone;
2. Some sport and recreational uses are accepted an Industry zone given the
potential impacts of sport and recreation uses; and
3. The fitness centre is of a similar size and scale to other approved Entertainment
& Dining Business’s Type 2 within the Noosaville Industrial area.
2. ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT 2016
Refer Further Report at Item 6 below.
3 NOOSA TRANSPORT STRATEGY 2017-2027 - ADOPTION
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 6 June 2017, and:
A. Adopt the Transport Strategy 2017-2027, provided at Attachment 1 to the report and
authorise the CEO to make minor changes as necessary; and
B. Adopt the amended Transport Policy provided at Attachment 2 to the report.; and
C. Request the Chief Executive Officer to report to a future Council meeting with an
Implementation Plan for the Transport Strategy and Transport Policy to ensure that
tangible actions can be undertaken in both the short and medium term following the
adoption of the Transport Strategy and Transport Policy.
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Section 18
ORDINARY MEETING AGENDA 15 JUNE 2017
4 FUTURE OF HANG GLIDING AND PARAGLIDING ACTIVITY – TINGIRA CRESCENT,
SUNRISE BEACH
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 6 June 2017 and:
A. Authorise the CEO to prohibit hang gliding and paragliding at Lot 149 on RP130983,
Tingira Crescent, Sunrise Beach due to the unreasonable impact on resident amenity
(detailed as Option 3 in the report);
Oversee the implementation of a three-year management plan for Lot 149 on RP130983,
Tingira Crescent Sunrise Beach by Sunshine Coast Sports Aviators Inc. with quarterly
reporting of flying activity data to enable Council to assess the extent of flying activities and
the effectiveness of the management plan in addressing resident amenity concerns;
B. Proceed to amend Local Law No.4 (Local Government Controlled Areas, Facilities and
Roads 2015) to prohibit flying activities on Lot 149 on RP130983; and
Issue a three year permit to allow flying activity to continue from Lot 149 subject to yearly
review of the effectiveness of the management plan in addressing resident amenity
concerns;
C. Continue to work with the Sunshine Coast Sports Aviators Inc. and relevant
stakeholders to develop a Regional Sports Facility Plan for identifying and securing
alternative hang gliding and paragliding sites within the Sunshine Coast Council, Noosa
Council and Gympie Regional Council local government areas;.and
D. That staff investigate the need to include a provision in the current review of local laws
to enable it to undertake compliance activities should provisions of the management
plan not be met.
5. 1617T097 CLEANING OF COUNCIL BUILDINGS & FACILITIES
That Council note the report by the Building & Plumbing Services Manager to the General
Committee Meeting dated 12 June 2016 and:
A. Award tender 1617T097 for Cleaning of Council Buildings & Facilities to the following
contractors:
Price per year (GST
Portion Contractor
Exclusive)
1 Ecovist Pty Ltd $105,300 plus consumables
Nicholson & Kamerling t/as Laguna
2 $18,018 plus consumables
Lawns & Gardens
3 Ecovist Pty Ltd $2,600 plus consumables
B. Award tender 1617T097 for Cleaning of Council Buildings & Facilities for an initial
period of twelve (12) months, with options to extend the contract for three (3) periods
of up to twelve (12) months each. Options to extend will be at Council’s sole discretion
and subject to Council’s review of Contractor performance under the Contract and
proposed prices.
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Section 19
ORDINARY MEETING AGENDA 15 JUNE 2017
6. FURTHER REPORT - ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 -
PLANNING ACT 2016
That Council note the Report by the Planning Scheme Project Manager to the Planning
& Environment Committee Meeting dated 6 June 2017 and the Further Report to the
General Committee dated 12 June 2017 and
A. Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
Amendment Rules made by the Planning Minister under section 293 of the
Planning Act 2016 and as set out in in track-change format in:
1. Attachment 1 of the Report to the Planning and Environment Committee
dated 6 June 2017; and
2. Attachment 1 of the Further Report to the General Committee dated 12
June 2017;
B. Authorise the Chief Executive Officer to amend the alignment amendment in
accordance with the recommended changes included in the new Alignment
Amendment Planning Scheme Template (Version 4) released by the Department
of Local Government, Infrastructure and Planning dated 4 June 2017;
C. Commence the alignment amendment on 3 July 2017, coinciding with the
commencement of the Planning Act 2016;
D. Give notice of the alignment amendment by placing a public notice in a local
Noosa newspaper, government gazette and Noosa Council website; and
E. Provide the Chief Executive of the Department of Local Government,
Infrastructure and Planning a copy of the public notice and a copy of the
alignment amendment.
7. FINANCIAL PERFORMANCE REPORT - MAY 2017
That Council note the report by the Director Corporate Services to the General
Committee Meeting dated 12 June 2017 providing the May YTD monthly financial
performance report for the 2016/17 financial year.
Recommendation
The General Committee recommendations dated 12 June 2017 be adopted except where dealt
with or held over by separate resolution.
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Section 20
ORDINARY MEETING AGENDA 15 JUNE 2017
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 20 July 2017 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
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