Original source · versioned page text
2018-06-21 Ordinary Meeting Minutes
Text sections have not been matched to the original PDF pages. Use the original document to check page numbers.
MINUTES
Ordinary Meeting
Thursday, 21 June 2018
commencing at 6pm
Kin Kin School of Arts Hall, 50 Main Street, Kin Kin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 21 sections
Section 2
ORDINARY MEETING MINUTES 21 JUNE 2018
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor J Jurisevic
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
A Rogers, Director Community Services
M Shave, Director Corporate Services
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
APOLOGIES
Councillor F Pardon
The meeting commenced at 5.56pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Jackson
Seconded: Cr Glasgow
The Minutes of the Ordinary Meeting held on 17 May 2018 be received and confirmed.
Carried.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
The Minutes of the Special Meeting held on 22 May 2018 be received and confirmed.
Carried.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
The Minutes of the Special Meeting held on 29 May 2018 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
Page 2 of 22
Section 3
ORDINARY MEETING MINUTES 21 JUNE 2018
4 PETITIONS
1 PETITION: REQUEST FOR REDUCTION IN SPEED LIMIT, EXTENSION OF THE
SCHOOL ZONE AND CONSTRUCTION OF A PEDESTRIAN CROSSING ON BEN
LEXCEN DRIVE, SUNRISE BEACH
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That the petition tabled by Cr Stockwell requesting that Council reduce the speed limit,
extend the school zone and construct a pedestrian crossing near the Sunrise Beach
shops on Ben Lexcen Drive, Sunrise Beach be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried.
5 NOTIFIED MOTIONS
Nil.
Page 3 of 22
Section 4
ORDINARY MEETING MINUTES 21 JUNE 2018
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
AUDIT & RISK COMMITTEE RECOMMENDATIONS
8 JUNE 2018 - Cr Joe Jurisevic, Scott Williams, Cameron Jaggers (attended via
teleconference)
Apology: Cr Tony Wellington
External attendees: John Crook (Queensland Audit Office)
The following Recommendations from the Audit & Risk Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The Audit & Risk Committee recommendations dated 8 June 2018 be adopted.
Carried.
1 QUEENSLAND AUDIT OFFICE BRIEFING NOTE
That Council note the Briefing Note provided by the Queensland Audit Office (QAO) to the
Audit & Risk Committee meeting dated 8 June 2018.
2 INTERNAL AUDIT AND REGISTER OF ACTION ITEMS
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 8 June 2019 and:
A. Adopt the Internal Audit Plan 2018/19 provided at Attachment 1 to the report;
B. Note the Register of Action Items provided at Attachment 2 to the report providing an
update on the organisation’s progress in implementing previous internal and external
audit recommendations; and
C. Note the draft scope for the Management of Overtime Audit provided at Attachment 3
to the report.
3 ANNUAL INSURANCE UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 8 June 2018 providing an annual update on Council’s insurances.
4 NOOSA COUNCIL’S RESPONSE TO CLIMATE CHANGE RISKS
That Council note the report by the Program Coordinator Climate Change Adaptation to the
Audit & Risk Committee Meeting dated 8 June 2018 providing an update on Council’s
response to climate change risks.
Page 4 of 22
Section 5
ORDINARY MEETING MINUTES 21 JUNE 2018
5 RISK MANAGEMENT UPDATE
That Council note the report by the Governance Advisor to the Audit & Risk Committee
Meeting dated 8 June 2018 providing an update on Risk Management matters.
6 2017-18 SHELL FINANCIAL STATEMENTS
That Council note the report by the Manager Financial Services to the Audit & Risk
Committee Meeting dated 8 June 2018 regarding the draft 2017/18 shell financial
statements.
7 SEALED ROADS ASSETS DATA RECONCILIATION PROJECT
That Council note the report by the Manager Financial Services to the Audit & Risk
Committee Meeting dated 8 June 2018 providing an update on progress to reconcile the
sealed roads asset data.
8 REVIEW OF ASSET VALUATION FOR 2017-18 FINANCIAL STATEMENTS
That Council note the report by the Manager Financial Services to the Audit & Risk
Committee Meeting dated 8 June 2018 and note the approach to be applied for asset
valuation purposes for the 2017-18 Financial Statements.
Page 5 of 22
Section 6
ORDINARY MEETING MINUTES 21 JUNE 2018
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
12 JUNE 2018 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and
Tony Wellington
Other Councillors in attendance: Nil.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jackson
The Planning & Environment Committee recommendations dated 12 June 2018 be adopted.
Carried.
1 NOOSA BIOSPHERE RESERVE FOUNDATION - PROPOSED FUNDING DEED
That Planning & Environment Committee Agenda Item 1 be referred to the General
Committee due to the significance of the issue.
2 MCU18/0040 - DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGE AT THE
BEACH CHALETS 11/1 TINGIRA CRES, SUNRISE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0040 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type
1 Food & Beverage situated at 11/1 Tingira Cres, Sunrise Beach and:
A. Approve the application in accordance with the following conditions:
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 undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plan is listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
A.03 C Proposed Floor Plan, prepared by Zest Building 14/08/2017
Design
Nature and Extent of Approved Use
3. The approved use must not operate outside the hours of 6am to 3pm, 7 days per
week.
4. The approved total use area excluding kitchen and food storage areas is 36m²
including any outdoor dining area.
Page 6 of 22
Section 7
ORDINARY MEETING MINUTES 21 JUNE 2018
Amenity
5. The Entertainment and Dining Business Type 1 – Food & Beverages
(Restaurant) must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the surrounding properties. In this regard,
where a complaint (other than a frivolous or vexatious complaint) is made to
Council about noise from the approved use areas, Council may require the
operator or site management entity to have a suitably qualified acoustic
consultant undertake a Noise Impact Assessment (NIA) in accordance with the
Environmental Protection (Noise) Policy 2008. The NIA report must be submitted
to Council for endorsement which outlines the findings and recommendations of
the NIA and the recommendations implemented.
WASTE
Waste Disposal
6. Public bins must be provided to areas used by patrons to reduce littering. All
bins must be for refuse and recycling and be decanted into the bulk bins by the
site operators.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The Entertainment and dining use is catering for residents and visitors to the
beach side location without any adverse impacts on surrounding amenity.
2. The food and beverage use is a good reuse of a tenancy which has been
historically used for a commercial activity for more than 20 years.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
3 MCU17/0551 - APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 3 - RETIREMENT OR SPECIAL NEEDS (PALM LAKE RESORT - STAGE
6) LOCATED AT 20 TRADING POST ROAD, COOROY
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU17/0551 for a
Development Permit for Material Change of Use - Multiple Housing –Type 3 Retirement &
Special Needs (Palm Lake Resort - Stage 6) situated at 19 & 20 Trading Post Road, Cooroy
and:
A. Approve the application in accordance with the conditions contained in the Planning &
Environment Committee Agenda dated 12 June 2018.
B. The assessment finds the following grounds to support the proposal, despite the
conflict with The Noosa Plan:
1. The development provides a logical extension of the approved retirement use on
adjacent land and will support the retirement housing needs of Cooroy.
2. The rural zoned allotment does not support any significant rural activities or
agricultural values and the development will not affect Cooroy’s rural production
capacity.
3. The development will not adversely impact on existing residential and rural uses
in the area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 7 of 22
Section 8
ORDINARY MEETING MINUTES 21 JUNE 2018
4 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN
At the Planning & Environment Committee meeting Cr Stockwell declared a perceived conflict of
interest in this matter (as defined in section 175D of the Local Government Act 2009) due to his
acquaintance with the applicant and as the applicant’s family assisted Cr Stockwell with his election
campaign. Cr Stockwell advised that the family members have no direct involvement in this
application. Cr Stockwell believed that he could consider this item impartially and in the public interest
and requested to remain in the meeting room to participate in the debate and vote on this matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter. Councillors at the Planning & Environment Committee
meeting resolved that the declaration represents a perceived conflict of interest and that Cr Stockwell
may remain in the meeting room to participate in the debate and vote on the matter.
That Planning & Environment Committee Agenda Item 4 be referred to the General
Committee for a further report.
5 132003.221152.7 PRE-REQUEST TO CHANGE AN EXISTING APPROVAL FOR
MATERIAL CHANGE OF USE FOR A DWELLING AT 12 PARK ROAD, NOOSA HEADS
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. 132003.221152.7 for a
pre-request response to change a Development Permit for Material Change of Use for a
dwelling house to include an expanded deck area at 12 Park Road, Noosa Heads and:
A. Agree to support the amendment of Condition 5 to read as follows:
5. The maximum gross floor area for all buildings and structures on the subject site
is to be 198m2.
B. Agree to support the expanded deck area subject to the following additional Conditions
60 and 61 being included as follows:
Additional Conditions June 2018
60. Development undertaken in accordance with this approval must 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
CD 5.01 P1 Axonometric Site Plan, prepared by Tim Ditchfield 31.01.2018
Architects
CD 2.02 P3 Upper Floor Plan, prepared by Tim Ditchfield 15.01.2018
Architects
CD 3.01 P3 West Elevation, prepared by Tim Ditchfield 14.01.2018
Architects
CD 4.01 P2 Section A-A, prepared by Tim Ditchfield Architects 15.01.2018
61. Minor pruning of the canopies of three Acronychia sp. trees (Lemon Aspen) in
proximity to the deck extension works can be undertaken to facilitate the works.
The pruning works must be under the supervision of a Level 5 Arborist and
Council’s delegate and not result in the loss the foliage screening of the deck.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Page 8 of 22
Section 9
ORDINARY MEETING MINUTES 21 JUNE 2018
6 MCU16/0144 - REPRESENTATIONS TO CONDITIONS - DEVELOPMENT PERMIT FOR
MATERIAL CHANGE OF USE OF PREMISES RETAIL BUSINESS TYPE 2 SHOP AND
SALON AT 1 KINGSGATE DRIVE, TINBEERWAH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding representations to Application
No.MCU16/0144 for a Development Permit for Material Change of Use for Retail Business
Type 2 Shop and Salon situated at 1 Kingsgate Dr, Tinbeerwah and approve changes to
Condition 4 & 13 as follows:
Shop (café known as Orange on Sunrise)
4. The approved use must not operate outside the hours of 4.30pm – 9.00pm Wednesday
to Sunday, excluding public holidays, apart from food preparation. Preparation on these
days may occur from 2.30pm – 4.30pm, with no service to customers during this time.
13. Noise emanating from the premises including amplified or non-amplified noise and
patron noise must not exceed 35dB(A) LAMax,adj,T, when measured at the boundary of
the business.
7 RAL17/0504 PLANNING & ENVIRONMENT COURT APPEAL NO D61 OF 2018 REFUSAL
OF APPLICATION TO RECONFIGURE A LOT (1 INTO 4 LOTS) AT 135 LAKE WEBYA
DRIVE, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 June 2018 regarding Planning & Environment
Appeal No. D61 of 2018 and agree to defend the appeal.
8 PLANNING & ENVIRONMENT APPEAL NO. 1302 OF 2018 REGARDING
ENFORCEMENT NOTICE - 105 RESORT DRIVE, NOOSA HEADS
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 June 2018 regarding Planning & Environment
Court Appeal No. 1302 of 2018 and the proposed settlement.
Page 9 of 22
Section 10
ORDINARY MEETING MINUTES 21 JUNE 2018
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
12 JUNE 2018 – Crs. Joe Jurisevic (Chair), Tony Wellington and Frank Wilkie
Apology: Cr Frank Pardon
Other Councillors in attendance: Cr Stockwell (for items 10-19)
2 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND ONE) - PROGRAMS
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) in relation to the grant applications by the Mary River Catchment
Coordination Association Inc (MRCCC) and Noosa & District Landcare Group Inc. Cr Stockwell
advised that as Council’s nominated representative for both the MRCCC and Noosa Integrated
Catchment Association he was involved in the development of their project collaboration and the
overarching project concept. He believed that this in itself is not a conflict of interest however, he also
has a current business relationship with MRCCC whereby he subcontracts one of their staff members
to provide grazing land condition assessment and management advice as part of a consultancy he
provides to a third party outside of the Noosa Shire which may raise perceptions of a conflict of interest.
In addition, Cr Stockwell advised that he is a regular member of Noosa & District Landcare and whilst
this in itself is not a conflict of interest, he also has a previous business relationship with Landcare
prior to his role as Councillor which involved subcontracting a staff member to assist in a consultancy
and he was also contracted by Landcare to provide facilitation and strategic planning assistance which
may also raise perceptions of a conflict of interest. Cr Stockwell left the meeting room for the debate
and decision on this matter.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Wilkie
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the 2018/2019 Round
One Community Project Grants – Programs, as provided in Attachment 1 to the report.
Carried.
Cr Stockwell returned to the meeting.
5 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND ONE) - INFRASTRUCTURE
Cr Stockwell declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his role as Noosa Sea Scout Group Leader which is the equivalent of
an Executive position on a Not for Profit group. Further, Cr Stockwell advised that he was heavily
involved in the development of their grant application. Cr Stockwell left the meeting room for the debate
and decision on this matter.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the 2018/2019 Round
One Community Project Grants – Infrastructure as provided in Attachment 1 to the report.
Carried.
Cr Stockwell returned to the meeting.
Page 10 of 22
Section 11
ORDINARY MEETING MINUTES 21 JUNE 2018
6 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - THREE YEAR SPORTS FIELD
MAINTENANCE AGREEMENTS
Cr Stockwell declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his role as Vice President of the Noosa Lions Football Club, and his
relationship with the Cooroora United Football Club. Cr Stockwell advised that in March 2017 he
provided each Club with $500 to offer Respect Bursaries to junior players. Cr Stockwell left the meeting
room for the debate and decision on this matter.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jackson
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the three year Sports
Field Maintenance agreements as provided in Attachment 1 to the report.
Carried.
Cr Stockwell returned to the meeting.
9 REGIONAL ARTS DEVELOPMENT FUND - GRANT RECOMMENDATIONS - 2018/19
Cr Wilkie declared a real conflict of interest in this matter (as defined in section 175D of the Local
Government Act 2009) due to his role as President of the Noosa Arts Theatre Inc. Cr Wilkie left the
meeting room for the debate and decision on the matter.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the Regional Arts
Development Fund recommendations for 2018/19, as outlined in Attachment 1 to the report.
Carried.
Cr Wilkie returned to the meeting.
19 UPDATE ON PURCHASE OF JOHNS LANDING & THE WORK OF THE NOOSA
COMMUNITY PARTNERSHIP ROUND TABLE
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Wilkie
That Council note the report by the Director Community Services to the Services &
Organisation Committee Meeting dated 12 June 2018 providing an update on the purchase
of Johns Landing and the work of the Community Partnership Roundtable and write to all
those who contributed to the Johns Landing Project and place on record Council’s sincere
appreciation of their efforts and commitment which has achieved substantial social outcomes
for the former residents of Johns Landing and the Noosa Community as a whole.
Carried.
Page 11 of 22
Section 12
ORDINARY MEETING MINUTES 21 JUNE 2018
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Glasgow
The Services & Organisation Committee recommendations dated 12 June 2018 be adopted except
where dealt with or held over by separate resolution.
Carried.
1 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND ONE) AND THREE YEAR AGREEMENTS - OVERVIEW
That Council note the overview report by the Community Development Manager to the
Services & Organisation Committee Meeting dated 12 June 2018 regarding recommended
Round 1 2018/2019 Community Project Grants and proposed 3 year funding arrangements
for Sports Field Maintenance, Community Alliance and the Management and Maintenance
of Halls and Centres.
3 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND ONE) - EVENTS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the 2018-2019 Round
One Community Project Grants – Events provided in Attachment 1 to the report.
4 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - COMMUNITY PROJECT
GRANTS (ROUND ONE) - EQUIPMENT
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the 2018/2018 Round
One Community Project Grants – Equipment provided at Attachment 1 to the report.
7 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - THREE YEAR ALLIANCE
AGREEMENT WITH NOOSA COMMUNITY TRAINING CENTRE INC
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve three year Alliance
funding to Noosa Community Training Centre Inc as provided in Attachment 1 to the report.
8 2018-19 COMMUNITY GRANTS PROGRAM FUNDING - THREE YEAR MANAGEMENT
AND MAINTENANCE - HALLS AND CENTRES AGREEMENTS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and approve the three year
Management and Maintenance – Halls and Centres agreements as provided in Attachment
1 to the report.
Page 12 of 22
Section 13
ORDINARY MEETING MINUTES 21 JUNE 2018
10 COMMONWEALTH HOME SUPPORT PROGRAMME 2-YEAR FUNDING ACCEPTANCE
That Council note the report by the Noosa Community Support (NCS) Coordinator to the
Services & Organisation Committee meeting dated 12 June 2018 regarding the
Commonwealth Government’s provision of 2-year funding from July 1 2018 to 30 June 2020,
which will allow NCS to continue to deliver Commonwealth Home Support Programme
(CHSP) activities.
11 REVISED HERITAGE LEVY POLICY AND DRAFT HERITAGE LEVY POLICY GUIDELINE
That Council note the report by the Libraries & Galleries Manager to the Services &
Organisation Committee Meeting dated 12 June 2018 and:
A. Repeal the current Heritage Levy Policy and adopt the revised Heritage Levy Policy
provided at Attachment 1 to the Report;
B. Approve the Heritage Levy Policy Guideline provided at Attachment 2 to the Report;
and
C. Request the Chief Executive Officer to appoint suitable representatives to the vacant
positions on the Heritage Reference Group.
12 TREE MANAGEMENT ON PUBLIC LAND POLICY
That Services and Organisation Committee Agenda Item 3 be referred to the General
Committee Meeting for further consideration.
13 ADMINISTRATIVE ACTION COMPLAINTS PROCESS POLICY
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 12 June 2018 and
A. Repeal the current Administrative Action Complaints Process Policy and adopt the new
Administrative Actions Complaints Process Policy provided at Attachment 1; and
B. Note the Administrative Action Complaints Procedure provided at Attachment 2.
14 COOROY RV STOPOVER - EXPRESSION OF INTEREST OUTCOME FOR NEW
FREEHOLD PERMIT
That Council note the report by the Property Advisor to the Services and Organisation
Committee Meeting dated 12 June 2018 regarding the Expression of Interest process
undertaken for a community-led model for operation of the Cooroy RV Stopover site and
authorise the CEO to enter into a new Freehold Permit with the Cooroy Chamber of
Commerce for the Cooroy RV Stopover site for an initial three (3) year term.
15 COUNCILLOR REPRESENTATION ON TOURISM NOOSA'S INDUSTRY
DEVELOPMENT & SUSTAINABILITY COMMITTEE
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 12 June 2018 and appoint Cr Jurisevic as Council’s representative
on Tourism Noosa’s Industry Development & Sustainability Committee.
Page 13 of 22
Section 14
ORDINARY MEETING MINUTES 21 JUNE 2018
16 COUNCIL COMMITTEE MEETINGS
That Services & Organisation Committee Agenda item 16 be referred to the General
Committee due to the significance of the issue.
17 NOOSA TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE - APRIL 2018
That Council note the report by the Senior Officer, Transport and Traffic to the Services &
Organisation Committee Meeting dated 12 June 2018 detailing the key outcomes of the
Noosa Traffic Advisory and Speed Management Committee meeting held on 4 April 2018.
18 UPDATE ON LIFESAVING SERVICES AT PEREGIAN BEACH
That Services & Organisation Committee Agenda Item 18 be referred by to the General
Committee due to the significance of the issue.
Page 14 of 22
Section 15
ORDINARY MEETING MINUTES 21 JUNE 2018
GENERAL COMMITTEE RECOMMENDATIONS
18 JUNE 2018 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Brian Stockwell and Tony Wellington
Apology: Cr Frank Pardon
1 NOOSA BIOSPHERE RESERVE FOUNDATION – PROPOSED FUNDING DEED
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 12 June 2018 and:
A. Agree to enter into a 3-year Funding Deed with the Noosa Biosphere Reserve
Foundation (the Foundation) as set out in Attachment 1 to the report;
B. Authorise the Chief Executive Officer to make any minor alterations to the Funding
Deed, as may be necessary, and enter into the Funding Deed with the Foundation;
C. Offer the Foundation the remaining 3-year lease option to continue the use of the
Council premises at 52 Doonella Street, Tewantin subject to the existing lease
conditions and continuation of the informal arrangements for use of the premises by
other community groups.
D. Thank the NBRF members including current board members for their considerable
volunteer efforts over the past 3 years.
Cr Jackson called for a division on the voting. The motion was Carried 5/1.
For: Crs. Glasgow, Jurisevic, Stockwell, Wellington, Wilkie
Against: Cr Jackson
4 COUNCIL COMMITTEE MEETINGS
Motion
Moved: Cr Jackson
Seconded: Cr Glasgow
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee meeting dated 12 June 2018 and:
A. Note that in future, the Planning and Environment Committee, Services and
Organisation Committee and General Committee meetings will note the movers and
seconders of motions in accordance with section 270 of the Local Government
Regulation 2012;
B. Exempt the Planning and Environment Committee and Services and Organisation
Committees from the keeping of minutes pursuant to section 272 (6) of the Local
Government Regulation 2012 on the basis that the sole purpose of these Committees
is to provide recommendations to Council for consideration at its Ordinary Meeting
(noting that the outcomes of these meetings will record Councillor attendance, details
of all items deliberated on, details of any conflicts of interest or material personal
interests declared by Councillors, any changes to staff recommendations and the final
recommendations to the Ordinary Meeting made by these Committees);
Page 15 of 22
Section 16
ORDINARY MEETING MINUTES 21 JUNE 2018
C. The CEO to ensure that minutes of each General Committee meeting are taken and
made available for inspection by the public pursuant to sections 272 (1) to 272 (5) of
the Local Government Regulation 2012. Minutes of each General Committee meeting
will record at minimum Councillor attendance, details of all items deliberated on, details
of any conflicts of interest or material personal interests declared by Councillors, all
motions and amendments moved, the movers and seconders of motions and
amendments, whether the motions and amendments were carried or lost, councillor
names(s) and how they voted if requested or division called by councillors under
Council Standing Orders, any changes to staff recommendations, and the final
recommendations to the Ordinary Meeting made by the General Committee.
Cr Jackson called for a division on the voting. The motion was Lost 2/4.
For: Crs. Glasgow, Jackson
Against: Crs. Jurisevic, Stockwell, Wellington, Wilkie
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee meeting dated 12 June 2018 and:
A. Note that in future, the Planning and Environment Committee, Services and
Organisation Committee and General Committee meetings will note the movers and
seconders of motions in accordance with section 270 of the Local Government
Regulation 2012;
B. Exempt the Planning and Environment Committee and Services and Organisation
Committees from the keeping of minutes pursuant to section 272 (6) of the Local
Government Regulation 2012 on the basis that the sole purpose of these Committees
is to provide recommendations to Council for consideration at its Ordinary Meeting
(noting that the outcomes of these meetings will record Councillor attendance, details
of all items deliberated on, details of any conflicts of interest or material personal
interests declared by Councillors, any changes to staff recommendations and the final
recommendations to the Ordinary Meeting made by these Committees);
C. Exempt the General Committee from the keeping of minutes pursuant to section 272
(6) of the Local Government Regulation 2012 on the basis that the sole purpose of this
Committee is to provide recommendations to Council for consideration at its Ordinary
Meeting (noting that the outcomes of the General Committee meeting will record
Councillor attendance, details of all items deliberated on, details of any conflicts of
interest or material personal interests declared by Councillors, any changes to staff
recommendations and the final recommendations to the Ordinary Meeting made by
the General Committee);
D. That the notes taken as a live record of the General Committee meeting continue to be
kept; and
E. Provide copies of the General Committee live record meeting notes on Council’s
website.
Cr Glasgow left the meeting.
Page 16 of 22
Section 17
ORDINARY MEETING MINUTES 21 JUNE 2018
Amendment
Moved: Cr Jackson
That item D of the motion be amended to read:
D. That the notes taken as a live record of the General Committee meeting continue to be
kept. The notes of each General Committee meeting will record Councillor attendance,
details of all items deliberated on, details of any conflicts of interest or material personal
interests declared by Councillors, all motions and amendments moved, the movers and
seconders of motions and amendments, whether the motions and amendments were
carried or lost, councillor names(s) and how they voted if requested or division called
by councillors under Council Standing Orders, any changes to staff recommendations,
and the final recommendations to the Ordinary Meeting made by the General
Committee; and
The amendment lapsed for want of a seconder.
Cr Glasgow returned to the meeting.
Cr Stockwell called for a division on the voting. The motion was Carried 4/2.
For: Crs. Glasgow, Jurisevic, Stockwell, Wilkie
Against: Crs. Jackson, Wellington
6 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN – FURTHER REPORT
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the
Local Government Act 2009) due to his acquaintance with the applicant. Cr Stockwell also advised
that the applicant’s sister, Lisa Williams, is a close friend and along with her mother and father, Valerie
and Adrian Williams, assisted with his 2016 election campaign. These family members however have
no direct involvement in this application. Cr Stockwell believed that he could consider this item
impartially and in the public interest and requested to remain in the meeting room to participate in the
debate and vote on this matter.
Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave
consideration to whether the conflict was a real conflict or perceived conflict and whether Cr Stockwell
may participate in the meeting for the debate and vote on this matter or whether he must leave the
meeting for the debate and vote on this matter.
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
room to participate in the debate and vote on this matter.
Carried.
Cr Stockwell did not vote on the above motion.
Page 17 of 22
Section 18
ORDINARY MEETING MINUTES 21 JUNE 2018
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Wilkie
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 and the further report to the General Committee
Meeting dated 18 June 2018 regarding Application No. MCU18/0004 for a Development
Permit for Material Change of Use for an Entertainment & Dining Business - Type 1 (Food &
Beverage) situated at 56 Main St, Kin Kin and:
A. Approve the application and a mobile post office in accordance with the following
conditions:
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 Plan
2. Development undertaken in accordance with this approval must generally comply
with the approved plan of development. The approved plan is listed in the
following table and may be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Job number 15005 A1 C SITE PLAN 30.07.2017
Job number 15005 A2 C FLOOR PLAN 30.07.2017
Job number 15005 A3 C ELEVATIONS AND SECTION PLAN 30.07.2017
Amended plans
3. Prior to the issue of a Development Permit for Building Works amended plans
must be submitted to Council providing details of the finishes and materials of
the shipping container, link-way and barn. The plans must demonstrate that
buildings and other structures use materials and finishes that complement the
village character of Kin Kin and integrate with the surrounding natural landscape
and include the following as a minimum:
a. Link-way and barn uprights to be constructed of timber;
b. Link-way and barn roofs to be of a colour and material consistent with the
rural character of the locality;
c. The exterior finish of the shipping container must be painted in muted tones
or clad in a muted material.
The appearance of all structures, including the shipping container, must be
maintained at all times.
Nature and Extent of Approved Use
4. The use of new undercover dining area must not operate outside of the hours
7am – 10pm and be used a maximum of three days per week.
5. Patrons in the new undercover dining area must not exceed 60 persons.
6. Patrons on the existing deck dining area must not exceed 40 persons.
7. The new undercover dining and link-way areas must be in accordance with the
approved plan, with no more than 192m2 used for dining.
Page 18 of 22
Section 19
ORDINARY MEETING MINUTES 21 JUNE 2018
8. Service vehicle movements associated with the approved use (including loading
and unloading) must not occur outside the hours of 6am to 6pm Monday to
Saturday, and not at all on Sundays or public holidays.
Noise
9. External speakers or amplified music are not permitted.
10. Refuse disposal, particularly glass bottles and the like, must be considerate of
noise at all times.
11. Management must ensure patrons leave the premises and street frontage
promptly after nightly closing time and do not mingle or otherwise cause noise
nuisance.
12. Noise emissions from any new air-conditioning and refrigeration equipment
associated with the development shall comply with the following requirements:
a. 7am to 10pm: Background + 5dB(A)
b. 10pm to 7am: Background + 3dB(A)
WASTE
Waste Disposal
13. 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”. The facilities must include an external
impervious area correctly sized for all refuse and recycling containers and
suitably screened from public places and neighbouring properties. A bin wash
area is required with a cold-water tap, hose and drain outlet connected to sewer,
via a bucket trap. The drain outlet must be designed to prevent storm water entry
to the sewerage system. This can be achieved with a nib wall 50mm high and up
to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be
roofed, or any other design approved by Council.
14. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste
Management) Regulation 2000, for the storage and collection of refuse.
15. Public bins must be provided to reduce littering. All bins provided must be for
refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
16. Sealed access driveways must be maintained from Main Street to all parking and
manoeuvring areas of the development.
Car Parking
17. A minimum of 5 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 carparking must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. 1 disabled parking space/s within the total
c. dimensions, crossfalls and gradients in accordance with the relevant
Australian Standard (AS/NZS2890.1:2004 for staff and customers,
AS/NZS2890.6:2009 for people with disabilities).
Page 19 of 22
Section 20
ORDINARY MEETING MINUTES 21 JUNE 2018
18. 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.
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.
Earthworks and Retaining Walls
20. All earthworks and associated batters must be contained entirely within the
subject site unless written permission from the respective landowner(s) is
provided to Council. All earthworks must be undertaken in accordance with the
provisions of Australian Standard AS3798: Guidelines on Earthworks for
Commercial and Residential Developments.
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.
B. Agree to reduce the Infrastructure Charge payable for the proposed development to
$17,472 based on the approved operating days as conditioned.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried.
Cr Stockwell voted in favour of the motion.
7 COAL MINING AND COAL SEAM GAS EXTRACTION
Council Resolution
Moved: Cr Wellington
Seconded: Cr Jurisevic
That Council note the report by the Director Environment & Sustainable Development to the
General Committee Meeting dated 18 June 2018 and:
A. Endorse the following statement as the basis for Council’s policy position on coal
mining, coal exploration and coal seam gas extraction:
Noosa Council does not support any further applications for permits for coal
exploration, coal mining, coal seam gas exploration or coal seam gas production within
the Shire based on Council’s significant concerns regarding associated environmental
and social impacts and the incompatibility of such activities with Noosa’s natural assets
and lifestyle, and
B. Include its policy position within the new Noosa Plan strategic framework.
Carried.
Page 20 of 22
Section 21
ORDINARY MEETING MINUTES 21 JUNE 2018
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
The General Committee recommendations dated 18 June 2018 be adopted except where dealt
with or held over by separate resolution.
Carried.
2 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN
STREET, KIN KIN
Refer to Further Report at Item 6.
3 TREE MANAGEMENT ON PUBLIC LAND POLICY
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 12 June 2018, repeal the current Tree Management on Public
Land Policy, and adopt the revised Council Policy – Tree Management on Public Land as
set out in Attachment 1 to the report with an amendment to the Policy Objectives, item 5 to
read as follows:
5. Where it is unavoidable that trees are to be removed from public land, Council will
arrange an offset planting.
5 UPDATE ON LIFESAVING SERVICES AT PEREGIAN BEACH
That Council note the report by the Property Advisor to the Services & Organisation
Committee Meeting dated 12 June 2018 providing an update on lifesaving services at
Peregian Beach.
Page 21 of 22
Section 22
ORDINARY MEETING MINUTES 21 JUNE 2018
7 ORDINARY MEETING REPORTS
1 APPLICATION OF NATIONAL COMPETITION POLICY REFORM FOR 2018-19
BUDGET
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jurisevic
That Council note the report by the Manager Financial Services to the Ordinary Meeting
dated 21 June 2018 and:
A. Continue to apply the Full Cost Pricing reform option to the Waste Management
business activity for the 2018/19 financial year in accordance with section
44(1)(b) of the Local Government Act 2009; and
B. Continue to apply the Code of Competitive Conduct to the Holiday Parks
business activity for the 2018/19 financial year in accordance with section 47 of
the Local Government Act 2009.
Carried.
2 FINANCIAL PERFORMANCE REPORT – MAY 2018
Council Resolution
Moved: Cr Jackson
Seconded: Cr Wilkie
That Council note the report by the Manager Financial Services to the Ordinary Meeting
dated 21 June 2018 outlining May year to date financial performance against budget.
Carried.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 19 July 2018 at the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 7.39pm.
Page 22 of 22