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2016-12-12 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES 12 DECEMBER 2016 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Frank Pardon, Brian Stockwell and Tony Wellington. 1 MCU6/0066 & OPW16/0133 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A SERVICE STATION, CONVENIENCE SHOP AND FOOD OUTLET AND OPERATIONAL WORKS FOR SIGNAGE AT 6 TAYLOR COURT, COOROY Refer to Further Report provided at Item 3. 2 OPW16/0016 - APPLICATION FOR DEVELOPMENT PERMIT FOR OPERATIONAL WORKS - PRESCRIBED TIDAL WORKS (DECK) AT 2 PARKYN COURT, TEWANTIN Motion Moved: Cr Pardon Seconded: Cr Glasgow That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court, Tewantin and refuse the application for the following reasons: 1. The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Watercourses Works Code, 2. The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal Protection and Management Regulation 2003 and does not comply with Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003, 3. The proposed development will create the potential to intensify the commercial uses by increasing the available deck areas within the marina, 4. The proposed deck adds a substantial area and additional built form on the Noosa River, is likely to increase traffic volumes on adjoining lands and there are insufficient parking facilities available in the area. Amendment No. 1 Moved: Cr Stockwell Seconded: Cr Jurisevic The motion be amended by including at the end of item 1 the words “and the development reduces public access to the foreshore area and the natural values of the Noosa River” and adding a new item 5 to read: “5. The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Tewantin and Doonan Locality Code and has the potential to: adversely affect the amenity enjoyed by users of other premises including acoustic and visual qualities; reduce the area of open space conducive to community interaction and wellbeing; and establish a built form that impacts on natural landforms and reduce the natural character and visual amenity of the Noosa River system.” Lost. Page 1 of 11
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
Amendment No. 2
Moved: Cr Wellington
Seconded: Cr Jurisevic
The motion be amended by including at the end of item 1 the words “and Tewantin and
Doonan Locality Code”.
Carried.
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Glasgow
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a
Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn
Court, Tewantin and refuse the application for the following reasons:
1. The proposed deck does not comply with Overall Outcome and Specific Outcomes of
the Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code,
2. The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the
Coastal Protection and Management Regulation 2003 and does not comply with
Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003,
3. The proposed development will create the potential to intensify the commercial uses
by increasing the available deck areas within the marina,
4. The proposed deck adds a substantial area and additional built form on the Noosa
River, is likely to increase traffic volumes on adjoining lands and there are insufficient
parking facilities available in the area.
Carried.
3 MCU16/0066 & OPW16/0133 - FURTHER REPORT - APPLICATION FOR SERVICE
STATION, CONVENIENCE SHOP & FOOD OUTLET & SIGNAGE AT 6 TAYLOR COURT,
COOROY
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the reports by the Development Planner to the Planning & Environment
Committee meeting dated 6 December 2016 and the General Committee meeting dated 12
December 2016 and refuse Application No. MCU16/0066 & OPW16/0133 for a Development
Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5
Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational
Works for Signage, situated at 6 Taylor Court, Cooroy for the following reasons:
1. The development raises conflicts with The Noosa Plan and its current and future land
use intent for the subject site and water supply catchment area.
2. The proposal is not conveniently located or readily accessible for the local community
and will not provide a significant benefit to that community.
Page 2 of 11
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
3. The development will adversely impact on the local villages and towns by reducing
patronage to these centres and therefore will not improve community wellbeing.
4. The proposal is contrary to the SEQ Regional Plan’s Regional Policy 11.5.1 to identify
and protect existing and potential drinking water catchments from inappropriate land
use as the development would pose an unacceptable risk to water quality.
5. The proposal is contrary to the Environmental Protection (Water) Policy for Mary River
Environmental Values and Water Quality Objectives as the proposed surface water
quality exceeds these objectives in relation to Total Nitrogen and Total Phosphorous
and the applicant has not addressed the impact the in-ground storage of fuel will have
on ground water.
6. The proposal fails to meet the Plan of Development for the site, including the provision
of a 10 metre landscape buffer to visually screen the development from the Bruce
Highway.
7. The proposed illumination of the advertising devices is contrary to the Advertising
Devices Code and the intent of the Plan of Development for the site.
Carried.
4 MCU16/0090 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
WELLBEING TYPE 2 - SOCIAL (SUNSHINE BUTTERFLIES) AT 468 MCKINNON DRIVE,
COOROIBAH
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Pardon
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 December 2016 regarding Application No. MCU16/0090 for a Development Permit
for Material Change of Use of Premises - Wellbeing Type 2 - Social (respite centre) situated
at 468 McKinnon Drive, Cooroibah and:
A. Approve the application in accordance with the following conditions:
PLANNING
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.
Plan No. Rev. Plan/Document Name Date
L002 A Landscape Concept Plan, prepared by Sunshine 20.9.2015
Gardens
Nature and Extent of Approved Use
2. The approved use is Wellbeing Type 2 – Social being for a respite centre for
people living with disabilities and their families and associated ancillary office and
agricultural uses. The approval does not include a cafe.
3. The maximum number of special events per year is six (6).
Page 3 of 11
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
Landscaping
4. Existing trees on the site and within road reserves must be retained, except
where required to be removed to accommodate the approved use.
5. All native trees must be retained within the Biodiversity Overlay. The area must
be rehabilitated with koala food trees such as Eucalyptus robusta, Eucalyptus
tereticornis and Eucalyptus grandis.
6. Screening vegetation must be planted along all boundaries in accordance with
Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and
the approved Landscape Concept Plan. The planted vegetation must consist of
native and endemic species.
7. A minimum of 3m of screening vegetation must be provided between the
boundary and any car parking.
Built Form and Setbacks
8. The maximum height of the development must not exceed 9 metres at the pitch
of the roof above the finished ground level and the natural ground level and must
not exceed be 2 storeys.
9. All buildings and structures must be setback a minimum of 6 metres from all
boundaries.
Performance Bond
10. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, 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. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Street Identification
11. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the developments name.
ENGINEERING
Site Access and Driveways
12. Sealed access driveways must be provided from McKinnon Drive to all parking
and manoeuvring areas of the development. The works must be undertaken in
accordance with the Department of Infrastructure, Local Government and
Planning response reference number SDA-0816-032888 dated 7 November
2016 and generally in accordance with Council’s standard drawing RS-056.
13. Approval from the Department of Transport and Main Roads for the final design
of the site access and driveway works must be submitted in writing to Council
prior to the issue of any Development Permit for Operational Works.
Page 4 of 11
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
Car Parking
14. A minimum of 21 car parking spaces must be provided and marked on the site
and made available and accessible at all times while the use is open for business.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. service vehicle parking, manoeuvring and standing spaces
b. dimensions, crossfalls and gradients in accordance with Australian
Standards AS/NZS2890.1:2004, AS/NZS2890.6:2009 and
AS2890.2:2002.
15. The carparking area must be constructed with either a sealed surface or other
bound material that is suitable for the intended use. Certification of the proposed
surfacing from an RPEQ must be submitted as part of the operational works
application.
16. 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.
17. Directional signage must be provided to direct visitors and guests to the car
parking spaces provided on site.
Traffic Management
18. A traffic management plan for both the regular operation of the development and
any special events must be submitted as part of the Operational Works
application. The traffic management plan must include but not be limited to:
a. day to day parking of the various vehicle types
b. parking for larger vehicles (buses, deliveries, waste collection etc)
c. overflow parking for special events
d. temporary traffic control measures on McKinnon Drive
e. endorsement by the Department of Transport and Main Roads.
Stormwater Drainage
19. 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. collection of runoff from the buildings and hardstand areas
b. collection of runoff from the carparking areas and access aisles
c. certification from an RPEQ that states the development of the site will not
create a worsening for downstream properties in regard to stormwater
quality or quantity.
Earthworks and Retaining Walls
20. All fill and associated batters must be contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council.
Page 5 of 11
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
Damage to Services and Assets
21. 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.
Noise
22. Mechanical plant and equipment, a/c units, motors, refrigeration equipment,
compressors, pumps etc on site should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise
nuisance beyond the boundary of the site and not exceed the levels specified in
Table 1.
TABLE 1
NOISE LIMITS AT A SENSITIVE RECEPTOR
Noise level at noise sensitive place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 5 Db(A)
6pm – 10pm Background noise level plus 5 Db(A)
10pm – 7am Background noise level plus 3 Db(A)
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted
PERIOD
maximum sound pressure level (L10, adj,T)
7am – 6pm Background noise level (L90,T) plus 10 Db(A)
6pm – 10pm Background noise level plus10 Db(A)
10pm – 7am Background noise level plus 8 Db(A)
23. When requested by Council, a Noise Impact Assessment Report (NIAR) showing
monitoring and recording of noise levels must be undertaken to investigate any
complaint (other than a frivolous or vexatious complaint) caused by noise
emissions from operations at the premises. Such monitoring must be undertaken
within a reasonable and practicable timeframe nominated by Council and be
performed by a suitably qualified person in accordance with accepted guidelines
and standards. The report must be submitted to Council detailing the results of
such monitoring and recommendations for any measures to achieve compliance
with limits outlined in Table 1 of this Decision Notice.
For the purpose of measuring and certifying relevant noise conditions and
reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration
equipment, compressors, pumps, rooftop plant and equipment. Etc) a suitably
qualified person is either:
Page 6 of 11
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
i) a Registered Professional Engineer of Queensland, or
ii) an environmental consultant with a minimum of three (3) years current
experience in the field of acoustics.
Public Health Act 2005 – Rainwater Tanks
24. In accordance with the Public Health Act 2005, rainwater tanks must be
constructed with mosquito proof screens (made from either brass, copper,
aluminium or stainless steel), and constructed with a mesh size of no more than
1mm, and must be installed in a way that does not accelerate corrosion. Tanks
that contain flap valves must be installed so that when closed, mosquitoes cannot
pass through the valve. It is unlawful under the Public Health Act 2005 to
construct, install or be in possession of a tank that does not comply with these
requirements.
25. Where it is intended to use rainwater for drinking purposes, a suitable treatment
system is required to be installed to disinfect or treat the water to microbiological
and physical standards as described in the current Australian Drinking Water
Guidelines 2011 to make it fit for drinking purposes.
Refuse
26. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and
Commercial and Industrial Premises”, including an external imperviously paved
area correctly sized for all refuse and recycling containers and suitably screened
from public places and neighbouring properties.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. ‘Our Backyard’ offers rural type uses which are compatible with and maintains
the rural residential character of the area.
2. The proposal partially fills a gap in support services for people living with
disabilities and their families while not adversely impacting on surrounding rural
residential properties.
3. The proposal will generally add positively to Noosa’s social fabric providing a
benefit to the community and is consistent with the intent of Noosa Social
Strategy.
C. Include the Department of Transport and Main Roads conditions as detailed in their
Concurrence Agency response dated 7 November 2016.
Carried.
Page 7 of 11
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
5 DRAFT DEVELOPMENT ASSESSMENT RULES FOR NEW PLANNING ACT
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Manager, Planning & Environment to the General
Committee Meeting dated 12 December 2016 and request the Chief Executive Officer make
a submission to the State government on the draft Development Assessment Rules for the
Planning Act 2016 seeking that:
1. The assessment time frames of the Sustainable Planning Act 2009 be maintained. The
time frames are proposed to be generally halved under the proposed Development
Assessment Rules and have the potential to significantly impact on Council resources
and achieving good planning outcomes for Noosa. The proposed shortened time
frames will not allow time to undertake a thorough assessment of development
proposals and consult appropriately with the community without additional resources
to Council’s Development Assessment team. Additional resources would need to be
funded by raising fees and charges for development applications, increasing costs for
developers.
2. The Development Assessment Rules maintain and extend the time frame for applicants
to be able to revive a development application where it lapses. This ability is not
consistent with the identified intention for the development process to be ‘an applicant
driven process’, and is likely to create administrative problems for councils and lead to
significant confusion for the community, particularly submitters.
3. The opt-out step for information requests be deleted from the Development
Assessment Rules. The ability to opt-out of an information request in the Development
Assessment Rules is likely to add significant complexity to the development
assessment process without adding value as an applicant currently has multiple
options in regard to giving a response to a request for further information. It is critical
that councils and state agencies retain the ability to raise issues and identify further
information that is required in order to fully understand and assess development
proposals.
4. Applicants be responsible for notifying all relevant entities of a change to the
development application given the identified intention for the development process to
be ‘an applicant driven process. S25.1 of the proposed Development Assessment
Rules requires Councils to give a copy of a notice of change to a development
application to the relevant referral agencies and advise on the effect of the change on
the development process.’
5. Applicants be required to give notice of commencement of the public notification period
to assessment managers, given Council is responsible for ensuring that application
material is available for the community to review and determine whether submissions
are properly made S17.4 of the proposed Development Assessment Rules states that
‘the applicant may give notice to the assessment manager of the intended start date of
public notification’ and does not make this step mandatory.
Carried.
Page 8 of 11
Section 9
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
6 ENDORSEMENT OF BIODIVERSITY ASSESSMENT REPORT
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Principal Strategic Planner to the General Committee
Meeting dated 12 December 2016, and:
A. Endorse the Biodiversity Assessment Report provided at Attachment 1 for the purpose
of informing the development of an Environment Strategy and supporting Biodiversity
Conservation Plan other than for the following issues:; and
1. Note that this is not the only substantial area of coastal mainland remnant
vegetation between Byron Bay (300 km south in northern NSW) and Bundaberg
(250 km to the north) as referred to on page 17, item 2.1, paragraph 2; and
2. Note that Noosa Council considers the koala as a threatened mammal for West
Cooroy State Forest for the purposes of the table on page 128.
B. Request staff to prepare a discussion paper for the purposes of community consultation
for the development of an Environment Strategy and Biodiversity Conservation Plan.
Carried.
7 AWARD OF TENDER 1516T043 WASTE MANAGEMENT CONTRACT 2017 - 2024
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the report by the Manager Waste and Environmental Health to the General
Committee Meeting dated 12 December 2016 regarding the new 7 year waste management
contract 2017 - 2024, and:
A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management
Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B,
and C, for an initial period of 7 years (at an estimated contract value of $46 million)
commencing on Monday 4 Friday 1 September 2017, and including the ability to award
a first extension of contract for a period of two years and a further second extension of
one year;
B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified
Contract Performance Bonds for each Separable Portion A, B and C as detailed in the
tender documents;
C Accept the option provided in the tender documents for the introduction of a 3 bin waste
collection service to single unit domestic dwellings in the urban areas to include a third
bin for garden waste from September 2017 as detailed in the tender documents, Part
E Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township
Areas”
D Agree to the continued provision of an optional garden waste collection service to
commercial and multi-unit domestic premises and other premises within 5 kilometres
of the identified urban garden waste service area;
Page 9 of 11
Section 10
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
E Request that staff develop a Policy for the provision of the garden waste service and
report to a future meeting of Council;
F Engage King and Company to finalise the relevant contractual documents including
amendments resulting from contract negotiations and agreed contract departures, for
signing by the successful tenderer.
Carried.
8 LEASING OF THE DEMOUNTABLE BUILDING AT BICENTENNIAL COMMUNITY
CENTRE
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Glasgow
That Council note the report by the Community Facilities Manager to the General Committee
meeting dated 12 December 2016 and:
A. Approve the leasing of the Bicentennial Community Centre (BCC) demountable
building to Montessori Noosa (Education for Generations Ltd) on a 5 X 5 lease,
commencing January 2017; and
B. Provide approval to lease the BCC annexe, also to Montessori Noosa, when the
school’s enrolment levels reach sufficiently high numbers, likely within the next two to
three years.
Carried.
9 NOOSA BIOSPHERE RESERVE BOARD ANNUAL REPORT
Committee Recommendation
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 12 December 2016 and note the annual report for the financial year 2015/16 to Council
by the Noosa Biosphere Reserve Foundation which also incorporates their September 2016
quarterly report.
Carried.
Page 10 of 11
Section 11
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 12 DECEMBER 2016
10 OYSTER RESTORATION PROJECT - ACCEPTANCE OF DRAFT RESOURCE
ALLOCATION AUTHORITY CONDITIONS
Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to her membership of the Noosa Parks Association which is one of the project
partners. 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.
Committee Recommendation
Moved: Cr Pardon
Seconded: Cr Jackson
That Council note the report by the Environment Officer to the General Committee Meeting
dated 12 December 2016, and:
A. Accept the Draft Resource Allocation Authority conditions proposed by the Department
of Agriculture Forestry and Fisheries on behalf of the project partners;
B. Authorise the development application for the project to be submitted as soon as
possible to facilitate deployment of the oyster reef restoration units in the March to May
oyster spat recruitment season;
C. Authorise the Chief Executive Officer to negotiate and enter into a formal agreement
with relevant project partners, which will result in nil additional cost to Council (following
payment of development application fees) associated with the project, following receipt
of the development approval.
Carried.
Cr Jackson voted in favour of the motion.
11 FINANCIAL PERFORMANCE REPORT - NOVEMBER 2016
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Jackson
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 12 December 2016 providing the November YTD monthly financial
performance report for the 2016/17 financial year.
Carried.
Page 11 of 11