Original source · versioned page text
2014-02-06 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 6pm, Thursday, 6 February 2014 Council Chambers, 9 Pelican Street, Tewantin
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 11 sections
Section 2
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 NOTIFIED MOTIONS 4
5 PETITIONS 4
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 5
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS 5
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS 6
GENERAL COMMITTEE RECOMMENDATIONS 8
7 ORDINARY MEETING REPORTS 12
8 CLOSED SESSION 12
9 NEXT MEETING 12
10 MEETING CLOSURE 12
Noosa Shire Council Page 2 of 12
This is not an official copy of Council’s Minutes
Section 3
ORDINARY MEETING MINUTES 6 FEBRUARY 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, Acting Director Community Infrastructure
A Rogers, Acting Director Community & Development
M Shave, Acting Director Organisational Services
APOLOGIES
Nil.
The meeting commenced at 6.00 pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Pardon
Seconded: Cr Jurisevic
The Minutes of the Ordinary Meeting held on 20 January 2014 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Cr Playford moved the following Mayoral Minute
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
SHOPPING CENTRE AT 5-7 RUFOUS STREET, PEREGIAN BEACH – PLANNING
& ENVIRONMENT COURT APPEAL (MULTISPAN) – MCU13/0092
With regard to Application No. MCU13/0092 for a Development Permit for Material
Change of Use (Entertainment & dining Type 1 – Food & Beverages, Commercial
Type 1 – Office, and Retail Business Type 2 – Shop & Salon) situated at 5-7 Rufous
Street, Peregian Beach, Council:
A. Confirm that the Sunshine Coast Regional Council refused to consent to the
inclusion of Council’s car park at Lot 95 SP 137431, 253 David Low Way,
Peregian Beach for use in respect of the application; and
B. Advise the applicant that Noosa Council will not permit access through the
Council car park for pedestrians and vehicles to the proposed development site
and if necessary will erect a substantial fence on the boundary of the land to
prevent such access.
Carried.
Noosa Shire Council Page 3 of 12
This is not an official copy of Council’s Minutes
Section 4
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
4 NOTIFIED MOTIONS
Nil.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Pardon
That Standing Orders be suspended to allow a petition concerning Development Application No.
MCU13/0087 (Ordinary Meeting Agenda Item No. 3, Page 8) to be presented prior to
consideration of the Application.
Carried.
5 PETITIONS
1 PETITION: SUPPORT FOR APPLICATION NO. MCU13/0087
Council Resolution
Moved: Cr Abbot
Seconded: Cr Jurisevic
That the petition tabled by Cr Abbot providing in principle support for Application No.
MCU13/0087 be received and referred to the Chief Executive Officer to determine
appropriate action.
Carried.
Noosa Shire Council Page 4 of 12
This is not an official copy of Council’s Minutes
Section 5
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
28 JANUARY 2014 – Crs Bob Abbot, Noel Playford, Sandy Bolton and Frank Pardon
Council Resolution
Moved: Cr Abbot
Seconded: Cr Bolton
The Infrastructure & Services Committee recommendations dated 28 January 2014 be adopted
except where dealt with or held over by separate resolution.
Carried.
1 APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Pardon
Seconded: Cr Bolton
That the Infrastructure & Services Committee appoint Cr Bob Abbot as the Chair of that
Committee.
Carried.
2 FREE HOLIDAY BUSES EASTER 2014
Item not dealt with by Infrastructure & Services Committee. Referred to General
Committee for consideration.
3 KERBSIDE BULK WASTE COLLECTION SERVICE 2014
That Council note the report by the Acting Director Community Infrastructure
and Coordinator Waste Management to the Infrastructure & Services Committee and
approve the provision of a bulk waste kerbside service to serviceable domestic premises
over a period of 7 weeks from late April to early June 2014.
Noosa Shire Council Page 5 of 12
This is not an official copy of Council’s Minutes
Section 6
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
28 JANUARY 2014 – Crs Frank Wilkie, Noel Playford, Tony Wellington and Joe Jurisevic
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wellington
The Planning & Organisation Committee recommendations dated 28 January 2014 be adopted
except where dealt with or held over by separate resolution.
Carried.
1 APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Playford
Seconded: Cr Wellington
That the Planning & Organisation Committee appoint Cr Frank Wilkie as the Chair of that
Committee.
Carried.
2 ADOPTED INFRASTRUCTURE CHARGES RESOLUTION
That Council note the report by the Priority Infrastructure Planning and Infrastructure
Charges Officer to the Planning & Organisation Committee dated 28 January 2014 and:
1. Adopt the “Noosa Shire Council Adopted Infrastructure Charges Resolution (No.1)
2014” (provided at Attachment 1 to the report) to replace the “Sunshine Coast
Regional Council Adopted Infrastructure Charges Resolution (No.4) 2011” applying to
development governed by The Noosa Plan;
2. Publicly notify the adoption of the “Noosa Shire Council Adopted Infrastructure
Charges Resolution (No.1) 2014” and forward a copy to the Chief Executive,
Department of State Development, Infrastructure and Planning in accordance with
section 648D of the “Sustainable Planning Act 2009”;
3. Adopt Noosa Council policy positions regarding Extensions to Relevant Periods
(through infrastructure agreements) and/or subsequent Infrastructure Charge Notices
triggered by Building Permits, to charge development for all networks, including those
previously missing where:
a) missing networks are to be charged at the current Adopted Infrastructure
Charges; and
b) the missing network charge is limited so that it does not cause the total amount
payable for the development to exceed the total maximum adopted charge
permissible under the “Statutory Planning Regulatory Provision (adopted
charges)”.
4. For development requesting to transfer to an alternative infrastructure charges
regime to that previously applied under an existing development approval, Council:
a) require a new development application to be lodged; and
Noosa Shire Council Page 6 of 12
This is not an official copy of Council’s Minutes
Section 7
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
b) offer a 50% reduction to the application fee for these new development
applications, provided there is no change to the development previously
approved and no additional assessment is required to that previously
undertaken under The Noosa Plan; and
c) request the applicant to cancel their previous development approval under
sections 379 and 380 of the “Sustainable Planning Act 2009” at no cost to the
applicant, once a dew development approval takes effect.
5. Note the State Government’s review of the current Adopted Infrastructure Charges
regime is likely to impact the level of infrastructure charges that can be levied on
future development and priority infrastructure planning requirements. A further report
will be provided to Council once the outcome is known.
3 INFRASTRUCTURE CHARGES REBATES FOR COMMUNITY ORGANISATIONS
That Council note the report by the Priority Infrastructure Planning and Infrastructure
Charges Officer to the Planning & Organisation Committee dated 28 January 2014 and
adopt its policy for “Infrastructure Charges Rebates for Community Organisations”
(provided at Attachment 1 to the report) to replace the Sunshine Coast Regional Council’s
Policy Statement: “Infrastructure Contributions (Charges) Rebates for Eligible Community
Organisations” applying to development governed by The Noosa Plan.
4 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A TAVERN,
LIQUOR STORE, RETAIL SHOPS & SALONS, OFFICES, ADULT EDUCATION AND
MULTIPLE DWELLINGS (26 UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29
LANYANA WAY, NOOSA HEADS
Item not dealt with by Planning & Organisation Committee. Referred to General
Committee for consideration.
5 TEMPORARY LOCAL PLANNING INSTRUMENT FOR VEGETATION PROTECTION
That Council note the report by the Strategic Planner to the Planning & Organisation
Committee Meeting dated 28 January 2014 and:
a) decide to make a Temporary Local Planning Instrument (Protected Vegetation
Overlay) and advise the Minister of this decision;
b) endorse the draft Temporary Local Planning Instrument (Protected Vegetation
Overlay) 2014;
c) in accordance with Statutory Guideline 01/13 – Making and amending local planning
instruments forward a copy of the Temporary Local Planning Instrument (Protected
Vegetation Overlay) 2014 to the Minister and request the Minister’s permission to
adopt the proposed Temporary Local Planning Instrument 2014;
d) subject to receiving advice from the Minister to adopt the proposed Temporary Local
Planning Instrument with or without conditions, delegate authority to the Chief
Executive Officer to:
(i) adopt the proposed Temporary Local Planning Instrument;
(ii) place a notice in the gazette, the Noosa News and on the Noosa Council
website regarding the adoption of the proposed Temporary Local Planning
Instrument; and
e) update vegetation protection provisions within the Noosa Plan to incorporate the
Temporary Local Planning Instrument for Vegetation Protection prior to its expiry on
24th June 2015.
Noosa Shire Council Page 7 of 12
This is not an official copy of Council’s Minutes
Section 8
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
GENERAL COMMITTEE RECOMMENDATIONS
3 FEBRUARY 2014 – All Councillors
3 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A TAVERN,
LIQUOR STORE, RETAIL SHOPS & SALONS, OFFICES, ADULT EDUCATION AND
MULTIPLE DWELLINGS (26 UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29
LANYANA WAY, NOOSA HEADS
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to him being an Executive Member of the Noosa Residents and
Ratepayers Association (NRRA) when they had made a submission against the development
application. Cr Jurisevic declared that he had no involvement with the submission prepared by the
NRRA. Cr Jurisevic believed he 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.
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his brother’s ownership of a business in Noosa Junction.
Cr Pardon believed he 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.
General Committee Recommendation
That Council:
A. Refuse Application No. MCU13/0087 for a Development Permit for Material Change
of Use of Premises (Tavern, Retail Shops & Salons, Offices, Adult Education and
Multiple Dwellings) for the following reasons:
1. The proposal is contrary to the overall and specific outcomes for the
Community Services zone under The Noosa Plan;
2. The applicant has not satisfactorily demonstrated that the Community Services
zoned land should not be retained for uses commensurate with that zone;
3. The proposed tavern and liquor store will adversely impact on the surrounding
amenity and the community’s use of public spaces;
4. The proposed development will result in the loss of public car parking and
parkland area and the loss of public parking is likely to adversely impact on the
Noosa Junction precinct;
5. Insufficient community benefit has been demonstrated to justify the loss of
council owned land; and
6. The proposed development raises significant conflicts with The Noosa Plan and
there are insufficient grounds to justify the conflict with the planning scheme,
with no significant community benefit or urgent need demonstrated for the
proposed commercial and retail uses.
B. Advise the applicant that it withdraws owner’s consent to the application for council’s
carpark at 29 Lanyana Way, Noosa Heads; and
C. Request a further report be presented outlining a suggested process for reviewing the
Noosa Junction Placemaking Masterplan including the Masterplan’s strategies for
planning, built form and development on the Noosa Heads Bowls Club site since
Council does not necessarily support the level of additional commercial and retail
development that could flow from some of the proposed actions contained in the
Masterplan.
Noosa Shire Council Page 8 of 12
This is not an official copy of Council’s Minutes
Section 9
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wellington
That Council:
A. Refuse Application No. MCU13/0087 for a Development Permit for Material Change
of Use of Premises (Tavern, Retail Shops & Salons, Offices, Adult Education and
Multiple Dwellings) for the following reasons:
1. The proposal is contrary to the overall and specific outcomes for the
Community Services zone under The Noosa Plan;
2. The applicant has not satisfactorily demonstrated that the Community Services
zoned land should not be retained for uses commensurate with that zone;
3. The proposed tavern and liquor store will adversely impact on the surrounding
amenity and the community’s use of public spaces;
4. The proposed development will result in the loss of public car parking and
parkland area and the loss of public parking is likely to adversely impact on the
Noosa Junction precinct;
5. Insufficient community benefit has been demonstrated to justify the loss of
council owned land; and
6. The proposed development raises significant conflicts with The Noosa Plan and
there are insufficient grounds to justify the conflict with the planning scheme,
with no significant community benefit or urgent need demonstrated for the
proposed commercial and retail uses.
B. Request a further report be presented outlining a suggested process for reviewing the
Noosa Junction Placemaking Masterplan including the Masterplan’s strategies for
planning, built form and development on the Noosa Heads Bowls Club site since
Council does not necessarily support the level of additional commercial and retail
development that could flow from some of the proposed actions contained in the
Masterplan.
Carried.
Noosa Shire Council Page 9 of 12
This is not an official copy of Council’s Minutes
Section 10
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
1 WITHDRAWAL OF OWNER’S CONSENT: DEVELOPMENT APPLICATION FOR
MATERIAL CHANGE OF USE FOR A TAVERN, LIQUOR STORE, RETAIL SHOPS &
SALONS, OFFICES, ADULT EDUCATION AND MULTIPLE DWELLINGS (26 UNITS) AT
99 NOOSA DRIVE, 3 LANYANA WAY & 29 LANYANA WAY, NOOSA HEADS:
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to him being an Executive Member of the Noosa Residents and
Ratepayers Association (NRRA) when they had made a submission against the development
application. Cr Jurisevic declared that he had no involvement with the submission prepared by the
NRRA. Cr Jurisevic believed he 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.
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his brother’s ownership of a business in Noosa Junction.
Cr Pardon believed he 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.
Council Resolution
Moved: Cr Abbot
Seconded: Cr Wellington
With regard to Application No. MCU13/0087 for a Development Permit for Material Change
of Use of Premises (Tavern, Retail Shops & Salons, Offices, Adult Education and Multiple
Dwellings), Council advise the applicant that it withdraws owner’s consent to the application
for Council’s carpark at 29 Lanyana Way, Noosa Heads.
Carried.
2 FREE HOLIDAY BUSES EASTER 2014
General Committee Recommendation
That Council note the report by Project Officer – Transport, Transport Infrastructure
Management to the General Committee Meeting dated 3 February 2014 and:
1. Based on the quoted cost of $74,500, proceed with the following Free Holiday Buses
services for the period 14 April 2014 to 21 April 2014, upon receipt of formal
TransLink approval:
a. Existing TransLink Routes 626, 627, 628, 629, 632;
b. Provide additional shuttles between Peregian & Noosa Heads, and one
continuous loop between Noosa Junction and Noosaville.
2. Authorise the Acting Director, Community Infrastructure to increase the allocated
budget up to $9,000 should a second shuttle be required for operational purposes
(Route 065), based on formal advice from the operator.
3. Proceed with utilising the Noosa Heads Lions Park as a car park for the period
Saturday 5 April 2014 to Monday 21 April 2014 (17 days).
4. Enter into an agreement with the Tewantin Noosa Lions Club for management of the
car park on the previous 60/40% revenue share arrangement.
5. Proceed with employment of traffic control staff at the Noosa Heads bus station
precinct for the period 7 April 2014 to 21 April 2014 on an as-required basis
(minimum one per day).
6. Undertake a customer feedback survey to gather Noosa-specific data for future
comparative purposes.
Noosa Shire Council Page 10 of 12
This is not an official copy of Council’s Minutes
Section 11
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
Council Resolution
Moved: Cr Bolton
Seconded: Cr Abbot
That Council note the report by Project Officer – Transport, Transport Infrastructure
Management to the General Committee Meeting dated 3 February 2014 and:
1. Based on the quoted cost of $81,500, proceed with the following Free Holiday Buses
services for the period 14 April 2014 to 21 April 2014, upon receipt of formal
TransLink approval:
a. Existing TransLink Routes 626, 627, 628, 629, 632;
b. Provide additional shuttles between Peregian & Noosa Heads, and one
continuous loop between Noosa Junction and Noosaville.
2. Proceed with utilising the Noosa Heads Lions Park as a car park for the period
Thursday 17 April 2014 to Monday 21 April 2014 (5 days).
3. Enter into an agreement with the Tewantin Noosa Lions Club for management of the
car park on the previous 60/40% revenue share arrangement.
4. Proceed with employment of traffic control staff at the Noosa Heads bus station
precinct for the period 17 April 2014 to 21 April 2014 on an as-required basis
(minimum one per day).
5. Undertake a customer feedback survey to gather Noosa-specific data for future
comparative purposes.
Carried.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Bolton
The General Committee recommendations dated 3 February 2014 be adopted except where
dealt with or held over by separate resolution.
Carried.
1 APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved: Cr Abbot
Seconded: Cr Playford
That the General Committee appoint Cr Tony Wellington as the Chair of that Committee.
Carried.
Noosa Shire Council Page 11 of 12
This is not an official copy of Council’s Minutes
Section 12
ORDINARY MEETING MINUTES 6 FEBRUARY 2014
7 ORDINARY MEETING REPORTS
Nil.
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 6 March 2014 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.27 pm.
To be confirmed on 6 March 2014.
____________________
CHAIR
Noosa Shire Council Page 12 of 12
This is not an official copy of Council’s Minutes