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2014-05-01 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 1 May 2014
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING MINUTES 1 MAY 2014
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor N Playford, Mayor
Councillor B Abbot
Councillor S Bolton
Councillor J Jurisevic
Councillor F Pardon
Councillor T Wellington
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
M Drydale, Interim Director Planning & Infrastructure
A Rogers, Interim Director Community Services
M Shave, Interim Director Corporate Services
APOLOGIES
Nil.
The meeting commenced at 6.02pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Abbot
Seconded: Cr Pardon
The Minutes of the Ordinary Meeting held on 3 April 2014 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
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Section 3
ORDINARY MEETING MINUTES 1 MAY 2014
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
GENERAL COMMITTEE RECOMMENDATIONS
28 APRIL 2014 – Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie
12 COMMERCIAL USE OF COMMUNITY LAND POLICY
Cr Pardon declared a material personal interest in this matter (as defined in Section 172 of the Local
Government Act 2009) due to his partner working for one of the applicants. Cr Pardon left the
meeting room for discussion on this matter.
General Committee Recommendation
That Council note the report by Coordinator Property and Land Management to the
General Committee Meeting dated 28 April 2014 and:
A. Repeal the Commercial Use of Community Land Policy that transferred to the Noosa
Council from the Sunshine Coast Regional Council under the Local Government (De-
amalgamation Implementation) Regulation; and
B. Approve the Commercial Use of Community Land Policy as attached to the report by
Coordinator Property and Land Management to the General Committee Meeting
dated 28 April 2014.
Motion
Moved: Cr Abbot
Seconded: Cr Bolton
That Council note the report by Coordinator Property and Land Management to the
General Committee Meeting dated 28 April 2014 and:
A. Repeal the Commercial Use of Community Land Policy that transferred to the Noosa
Council from the Sunshine Coast Regional Council under the Local Government (De-
amalgamation Implementation) Regulation; and
B. Approve the Commercial Use of Community Land Policy as attached to the report by
Coordinator Property and Land Management to the General Committee Meeting
dated 28 April 2014 with dot point 5, under the heading “Guiding Principles”, to be
amended to read – “A permit holder may only be granted a maximum of two permits
from the range available to reduce the likelihood of a monopolistic permit
environment while providing the opportunity for added local employment”.
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Section 4
ORDINARY MEETING MINUTES 1 MAY 2014
Amendment
Moved: Cr Jurisevic
Seconded: Cr Playford
That the motion be amended by the addition of an item C to read as follows:
C. Amend the locality locations proposed in the report by the Coordinator Property and
Land Management to include “Learn to Surf – Main Beach 3” and set the proposed
fee for “Learn to Surf – Main Beach 3” to $1000.
The Amendment was Lost.
The Motion was then put and Carried.
Cr Pardon re-joined the meeting following the conclusion of the discussion of this item.
The following Recommendations from the General Committee were adopted
without discussion or further amendment.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Wellington
The General Committee recommendations dated 28 April 2014 be adopted except where dealt
with or held over by separate resolution.
Carried.
1 WASTE STRATEGY OPTIONS DEVELOPMENT – PROJECT PLAN
That Council note the report from the Manager Waste and Environmental Health to the
General Committee Meeting dated 28 April 2014 and
A. Note the report from Lloyd Consulting titled “Noosa Council Waste Options
Development Project Plan”; and
B. Authorise the CEO to release a tender and engage a suitable consultant to
investigate and report on the themes identified in report by Lloyd Consulting.
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Section 5
ORDINARY MEETING MINUTES 1 MAY 2014
2 PRE-RESPONSE REQUEST TO CHANGE CONDITIONS OF PLANNING &
ENVIRONMENT COURT ORDER (318/2008) FOR A DEVELOPMENT PERMIT FOR A
MATERIAL CHANGE OF USE FOR A RESOURCE BASED SPRING WATER BOTTLING
PLANT (COOROY MOUNTAIN SPRING WATER) AT 314 COOROY MOUNTAIN RD,
COOROY MOUNTAIN
That Council agree in part to the pre-response request to change Planning & Environment
Court Order 318 of 2008 (Application No.132006.268.02), situated at 314 Cooroy Mountain
Road, Cooroy Mountain, in accordance with the following details:
A. Agree to delete conditions 5B, 5G & 18B;
B. Agree to change conditions 5C, 5E, 5F, 8, 9, 13 & 18A to read:
5C. Trucks attending the site must not exceed a total of 8 trucks per day and must
not include B-Doubles.
5E. The hours of operation for the use are limited to 6:00am to 6:00pm Monday to
Friday.
5F. A maximum of 12 staff (including drivers) are permitted on the premises during
the hours of operation and are not permitted prior to 6:00am.
8. The existing site access shall be upgraded. The works must be undertaken as
part of an Operational Works application and include the following:
(a) Design and construction generally in accordance with Council’s Standard
Drawing No SEQ R-056.
(b) The clearing of vegetation in the road reserve as described in the
submitted Traffic Impact Assessment prepared by RoadPro Development
dated 11 December 2013.
(c) Any other clearing necessary to provide the “Safe Sight Distance” as
indicated on Council’s Standard Drawing No SEQ R-056.
(d) Additional signage in Cooroy Mountain Road warning of “Trucks Turning”.
The signage must be in accordance with the current edition of the Manual
of Uniform Traffic Control Devices Queensland.
The ongoing maintenance of the site access, associated clearing and
signage is the property owner’s responsibility.
9. The access driveway extending from the Cooroy Mountain Road frontage to the
buildings must have a sealed surface and be maintained in good order.
13. A minimum of 13 uncovered carpark spaces shall be provided on site, including
1 clearly defined disabled carpark space.
18A. The design and construction of the on-site effluent disposal system and
disposal area shall be in accordance with the Site and Soil Investigation for
On-site Wastewater Treatment and Effluent Disposal prepared by Future-plus
Environmental, dated November 2013, subject to the following requirements:
(i) Ongoing monitoring of treatment process and disposal areas shall be
undertaken to ensure both are functioning effectively over time. They
shall be undertaken generally as follows:
• Annual monitoring shall be undertaken from the time of
commissioning to determine the quality of the wastewater produced
from the effluent treatment system;
• Monitoring of the soils, vegetation and groundwater in the
application area shall be undertaken every three years to establish
that such is not percolating into the groundwater;
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Section 6
ORDINARY MEETING MINUTES 1 MAY 2014
• Sampling and testing shall be in accordance with relevant
regulatory requirements and manuals such as those provided by the
Environmental Protection Agency, with testing undertaken by an
accredited Laboratory;
• Continuous monitoring shall be undertaken by the system for any
water on the surface of the application area, downslope resurfacing,
changing plant growth on or around the application area and any
other signs of problems, and addressed through maintenance or
servicing.
(vi) Washing plant, equipment or vehicles shall be undertaken off-site. If
on-site washing of any plant or equipment is necessary, all
wastewater shall be collected in a sump and disposed of off-site as
trade waste by a registered operator.
(viii) Rehabilitation of the waterway of the site, as indicated by the 1997
Strategic Plan (Open Space-Conservation & Waterway Protection)
is to be undertaken in addition to replanting as detailed in Drawing
HJ0085.1.2 of the Conceptual Site-Based Stormwater Management
Plan.
C. Refuse to change conditions 15 and 16;
D. Include the following additional conditions:
1. The effluent holding tank and STP shall have visual and audible high
level alarms systems installed with secondary power backup (e.g.:
battery power);
2. The effluent facilities and grease trap facility shall be serviced and maintained
on a three monthly service regime with all documentation for maintenance and
servicing forwarded to Noosa Council.
3 APPLICATION FOR AN EXTENSION TO RELEVANT PERIOD FOR 26 MULTIPLE
DWELLING UNITS & AN ACCOMMODATION BUILDING FOR 12 UNITS, SITUATED AT
27 ATTUNGA HEIGHTS, NOOSA HEADS
That Council refuse the request to extend the relevant period for applications
132003.221199.3 & 142007.2555.04, situated at 27 Attunga Heights, Noosa Heads for the
following reasons:
1. The development is contrary to The Noosa Plan’s Overall and Specific Outcomes for
the Noosa Heads Locality;
2. The application was publicly notified in 2004 and given the time lapsed, the
community is unlikely to be aware of the development approval; and
3. The proposed development were it to be publicly notified today, is likely to receive
submissions objecting to the development, given the significant non-compliance with
The Noosa Plan.
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Section 7
ORDINARY MEETING MINUTES 1 MAY 2014
4 APPLICATION FOR MATERIAL CHANGE OF USE – SERVICE AND UTILITY TYPE 3
(TOWER), SITUATED AT 153 LAKE FLAT ROAD, BOREEN POINT
That Council approve Application No. MCU13/0052 for a Development Permit for Material
Change of Use for Service & Utility Type 3 Tower situated at 153 Lake Flat Rd, Boreen
Point in accordance with the following Conditions of Approval:
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of the 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 the Decision Notice.
Minimum Floor Heights
3. The minimum floor levels of the associated telecommunication cabinets must be
constructed above the 1% AEP flood level.
Building Height
4. The maximum height of the structure must not exceed 31 metres above the finished
ground level and the natural ground surface.
5. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the monopole structure does not exceed the maximum height requirement of this
Decision Notice.
6. No lights are permitted to be attached to the telecommunications facility, except
where required for aircraft hazard lighting purposes or similar.
Health and Safety
7. The development must not, at any time during the life of the development, result in
human exposure to environmental electromagnetic emissions exceeding the current
regulations, standards and/or recommendations of the Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA). The carrier of the infrastructure
must provide, at any time upon request by Council, written certification to
demonstrate compliance with this condition. The written certification must assume:
a. a maximum number of users over the lifetime of any pole or other supporting
structure
b. full power usage
c. a maximum down tilt of antennae.
8. Warning information signs and security fencing must be provided on the site to
prevent unauthorised entry. Fencing must be set back a minimum of 2 metres from
the front boundary and must be camouflaged through the use of colours, materials
and screening vegetation to blend the fence into the visual landscape. Such fencing
must not include any use of barbed wire or similar materials.
Colours and Finishes
9. The monopole and associated panels must be finished in colours that blend in
visually into the landscape.
Cessation of Use
10. The telecommunications facility must be removed from the site upon cessation of the
use.
Existing Vegetation
11. A vegetated buffer with a minimum width of 20m shall be maintained around the
facility (allowing the existing vegetation to grow to full form), excluding the 5m wide
firebreak and 4wd access indicated on the approved plans.
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Section 8
ORDINARY MEETING MINUTES 1 MAY 2014
5 APPLICATION FOR AN EXTENSION TO OPERATIONAL WORKS PERMIT FOR
PRESCRIBED TIDAL WORKS – EXTENSIONS OF PONTOONS FOR MOORINGS
That Council, with regard to Application No OPW11/0301.01, agree to the request to
extend the relevant period of Development Permit for Operational Works (Prescribed Tidal
Works – Extensions of Pontoons for moorings) for a further 2 years and amend Condition
18 to read as follows:
18. The Development Permit for Operational Works lapses if the works have not been
completed by 31 January 2016, unless an application to extend the currency is
approved by Council.
6 COUNCIL POLICY – NAMING OF ROADS, PARKS, COMMUNITY INFRASTRUCTURE
& STREET NUMBERING
That Council note the report by the Senior Business Support Officer, Planning and
Infrastructure, to the General Committee Meeting dated 28 April 2014 and request a further
report with an amended Policy be presented to the Ordinary Meeting dated 1 May.
7 ACCOMMODATING RECREATIONAL VEHICLES AND CAMPING IN NOOSA
That Council note the report by the Senior Strategic Planner to the General Committee
Meeting dated 28 April 2014 and;
A. Amend the “Infrastructure Charges Rebates for Community Organisations Policy” to
enable community organisations undertaking an Open Space (Type 2) Camp Ground
or Visitor Accommodation (Type 2) Caravan Park to be eligible for a rebate;
B. Authorise the provision of assistance to existing not for profit community groups
operating camping grounds to lodge a material change of use application for
assessment; and
C. Endorse the following actions to occur during the review of the Noosa Plan:
1. Review the appropriateness of the standard definitions relating to caravan
parks and camping grounds, the level of assessment required for such uses
within each zone, and review the Visitor Uses Code; and
2. Investigate provisions to enable existing caravan parks to expand their site
capacities during peak seasons to allow for overflow.
8 INVITATION TO JOIN THE SUNSHINE COAST RIVERS INITIATIVE
That Council note the report by the Environment Officer (Rivers and Coast) to the General
Committee dated 28 April 2014 and:
A. Resolve to become a member of the Sunshine Coast Rivers Initiative; and
B. Authorise the Chief Executive Office to appoint a delegate to represent Council on
the Steering Committee.
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Section 9
ORDINARY MEETING MINUTES 1 MAY 2014
9 POLICE BEAT – PROPOSED NEW 5 YEAR LEASE
That Council note the report by the Property Officer, Property and Facilities to the General
Committee Meeting dated 28 April 2014 and
A. Approve the new lease agreement with the Department of Housing & Public Works
for the Police Beat Office at 48 Hastings St Noosa Heads, for 5 years commencing 1
January 2014, pending satisfactory maintenance costs negotiations;
B. Change the internal classification of the Police Beat lease from a commercial lease to
a community lease; and
C. Apply the exception to the requirement for tendering of the lease under Section 236
(1)(b)(i) of the Local Government Regulation 2012 as the renewal of the lease is to a
government agency.
10 EXPRESSION OF INTEREST FOR LEASE AT 4 JARRAH ST COOROY
That Council note the report by Property Officer, Property and Land Management to the
General Committee dated 28 April 2014 and seek Expressions of Interest (EOI) for a
Commercial Lease for 4 Jarrah Street, Cooroy.
11 SHOP 6 SUNRISE NEIGHBOURHOOD SHOPPING CENTRE – 2 X 5 YEAR LEASE
AGREEMENT
That Council note the report by the Property Officer, Property and Facilities to the General
Committee Meeting dated 28 April 2014 and;
A. Approve the new lease agreement with the Barker Family Trust for Shop 6, Sunrise
Neighbourhood Shopping Centre for 5 years commencing 28 April 2014;
B. Approve the CEO to award a subsequent 5 year extension of the lease subject to the
lessee complying with the terms of the lease; and
C. Apply the exception to the requirement for tendering of the lease under Section 236
(1) (c) (iii) of the Local Government Regulation 2012 as the renewal is to the existing
tenant.
13 FINANCIAL PERFORMANCE – MARCH 2014
That Council note the Financial Performance Report for March 2014 from the Coordinator
Financial Services to the General Committee meeting dated 28 April 2014.
14 QUARTERLY OPERATIONAL PLAN PROGRESS REPORT
That Council note the report by the Chief Executive Officer to the General Committee dated
28 April 2014 in relation to progress with the implementation of the 2014 Operational Plan.
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Section 10
ORDINARY MEETING MINUTES 1 MAY 2014
15 STANDING ORDERS FOR COUNCIL MEETINGS
That Council note the report by the Chief Executive Officer to the General Committee dated
28 April 2014 and:
A. Repeal the Standing Orders that transferred to the Noosa Council from the Sunshine
Coast Regional Council under the Local Government (De-amalgamation
Implementation) Regulation;
B. Adopt the Standing Orders for the Noosa Council as set out in Attachment 1 to the
report by the Chief Executive Officer to the General Committee dated 28 April 2014;
C. Note that Committee system guidelines that have been developed to assist
Councillors, staff and the public to understand the operation of the Noosa Council
Committee process; and
D. Pursuant to section 272 (6) of the Local Government Regulation 2012, exempt the
Infrastructure and Services Committee, the Planning and Organisation Committee,
the General Committee and the Audit Committee from the requirement to take
minutes of their proceedings on the basis that the only function of those Committees
is to advise or otherwise make a recommendation to the Ordinary Meeting of Council.
16 CHANGE OF VENUE FOR COUNCIL MEETINGS
That Council note the report by the Chief Executive Officer to the General Committee dated
28 April 2014 and:
A. Resolve pursuant to Section 257 of the Local Government Act to hold its Ordinary
Meeting on 29 May 2014 at the Pomona Bowls Club, Pomona commencing at 6pm;
B. Resolve pursuant to Section 257 of the Local Government Act to hold its Ordinary
Meeting on 20 November 2014 at the Peregian Beach Surf Club, Peregian Beach
commencing at 6pm; and
C. Request the Chief Executive Officer to ensure that suitable advertising is undertaken
to promote these community based Council Meetings including the opportunity for our
community to meet the Mayor, Councillors, CEO and Directors prior to the formal
meeting.
17 RF THOMPSON (QLD) PTY LTD V NOOSA SHIRE COUNCIL – COMPENSATION
CLAIM
That Council note the late report by the Chief Executive Officer to the General Committee
meeting dates 28 April 2014 regarding the successful Planning and Environment Court
outcome of the compensation claim in relation to RF Thompson (Qld) Pty Ltd v Noosa
Shire Council.
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Section 11
ORDINARY MEETING MINUTES 1 MAY 2014
6 ORDINARY MEETING REPORTS
1 COUNCIL POLICY – NAMING OF ROADS, PARKS, COMMUNITY
INFRASTRUCTURE & STREET NUMBERING
Council Resolution
Moved: Cr Bolton
Seconded: Cr Pardon
That Council note the report by the Business Support Officer to the General
Committee Meeting dated 28 April 2014 and the further report to the Ordinary
Meeting dated 1 May 2014; and
A. Repeal the Naming of Parks, Places, Community Infrastructure, Roads and
Street Numbering Policy that transferred to the Noosa Council from the
Sunshine Coast Regional Council under the Local Government (De-
amalgamation Implementation) Regulation; and
B. Adopt the Naming of Roads, Parks, Community Infrastructure and Street
Numbering Policy (Attachment 1).
Carried.
7 PETITIONS
1 PETITION: NORTHRISE ESTATE, 85 EENIE CREEK ROAD, NOOSAVILLE –
REQUEST TO ALTER CONDITION OF DEVELOPMENT APPROVAL OPW
142008.859.04
Council Resolution
Moved: Cr Wellington
Seconded: Cr Abbot
That the petition tabled by Cr Wellington, requesting Council to alter the conditions of
the Development Approval at Northrise Estate, be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried.
2 PETITION: REQUEST TO COUNCIL TO SEAL TEEWAH ROAD, BOREEN POINT
Council Resolution
Moved: Cr Abbot
Seconded: Cr Pardon
That the petition tabled by Cr Abbot, requesting Council to seal Teewah Road,
Boreen Point, be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried.
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Section 12
ORDINARY MEETING MINUTES 1 MAY 2014
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 29 May 2014 at the Pomona Bowls Club,
School Street, Pomona commencing at 6pm.
10 MEETING CLOSURE
The Meeting closed at 6.33pm
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