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2017-04-20 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 20 April 2017
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 20 APRIL 2017
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS 4
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS 4
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS 9
GENERAL COMMITTEE RECOMMENDATIONS 12
7 ORDINARY MEETING REPORTS 16
1. FURTHER REPORT – OPW16/0189 - DEVELOPMENT
APPLICATION FOR OPERATIONAL WORKS PRESCRIBED TIDAL
WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
TERRACE NOOSAVILLE 16
8 CLOSED SESSION 21
9 NEXT MEETING 21
10 MEETING CLOSURE 21
Page 2 of 21
Section 3
ORDINARY MEETING AGENDA 20 APRIL 2017
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 16 March 2017 be received and
confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
Page 3 of 21
Section 4
ORDINARY MEETING AGENDA 20 APRIL 2017
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 APRIL 2017 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and
Tony Wellington.
Other Councillors in attendance: Crs Frank Wilkie, Frank Pardon and Jess Glasgow
1 HOUSING NEEDS ASSESSMENT
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 11 April 2017 and endorse the Housing Needs Assessment
prepared by Briggs & Mortar for the purpose of informing the drafting of the new planning
scheme.
2 SUBMISSION TO PROPOSAL BY ECO CAMP PTY LTD TO RECLASSIFY FISH HABITAT
AREA AT ELANDA POINT
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Requested by Cr Jackson due to significance of issue.
3 LOCAL GOVERNMENT INFRASTRUCTURE PLAN (STORMWATER - DSS)
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 April 2017 and approve the Desired Standards of
Service (DSS) for the stormwater network provided in Attachment 1 for proceeding with the
new Local Government Infrastructure Plan (LGIP) under The Noosa Plan 2006.
4 LGIP SUBMISSION ON MINISTER'S GUIDELINES AND RULES
That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
Environment Committee Meeting dated 11 April 2017 and authorise the Chief Executive
Officer to lodge a Council submission on the Minister’s Guidelines and Rules for the new
Planning Act requesting to amend, simplify and remove unnecessary cost, resource and time
burdens for preparing and amending Local Government Infrastructure Plans. The submission
should:
A. Align with Council’s motion that was presented and carried at the 2016 LGAQ Annual
Conference as provided at Attachment 1 to the report; and
B. Request the Department of Infrastructure, Local Government and Planning to liaise
directly with the Local Government Association of Queensland (LGAQ) in undertaking
these amendments.
Page 4 of 21
Section 5
ORDINARY MEETING AGENDA 20 APRIL 2017
5 DEVELOPMENT OF THE CLIMATE CHANGE ADAPTATION PLAN
That Council note the report by the Program Coordinator Climate Change Adaptation to the
Planning & Environment Committee Meeting dated 11 April 2017 and
A. Approve the Community & Stakeholder Engagement and Communication Plan for the
project;
B. Note the draft Climate Change Adaptation Plan (CCAP) Project Control Group charter;
and
C. Appoint Councillors Jackson and Stockwell as members of the CCAP Project Control
Group.
6 OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
TERRACE NOOSAVILLE
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Requested by Cr Jackson due to significance of issue.
7 MCU16/0099 & OPW16/0218 - DEVELOPMENT APPLICATION FOR MATERIAL
CHANGE OF USE FOR A SERVICE AND UTILITY TYPE 3 (TOWER) AND OPERATIONAL
WORKS FOR ACCESS AT 23 JIRRIMA CRESCENT, COOROIBAH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 April 2017 regarding Application No. MCU16/0099 and
OPW16/0218 for a Development Permit for a Development Permit for Material Change of
Use for Service & Utility Type 3 (Tower) and associated Operational Works for Access
situated at 23 Jirrima Crescent, Cooroibah and approve the application in accordance with
the following conditions:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
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.
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.
Approved Plans
Plan No. Re Plan/Document Name Date
v.
4GYM-51-36-C000-C2 03 Overall Site Plan drawn by Aurecon 14/12/2016
4GYM-51-36-C000-C3 02 Site Setout Plan drawn by Aurecon 14/12/2016
4GYM-51-36-C000-C4 02 Site Elevation and Details drawn by Aurecon 14/12/2016
4GYM-51-36-C000-A1 02 Antenna Setout Plan drawn by Aurecon 14/12/2016
Page 5 of 21
Section 6
ORDINARY MEETING AGENDA 20 APRIL 2017
Building Height
The maximum height of the structure must not exceed 46 metres above the
finished ground level and the natural ground surface.
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.
No lights are permitted to be attached to the telecommunications facility, except
where required for aircraft hazard lighting purposes or similar.
Noise
Equipment, motors, electrical generators, compressors, etc must be suitably
provided with noise reduction measures and located so 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 maximum
PERIOD
sound pressure level (LAmax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 5 dB(A)
6pm – 10pm Background noise level plus 5 dB(A)
10pm – 7am Inaudible
NOISE LIMITS AT A COMMERCIAL PLACE
Noise level at a commercial place measured as the adjusted maximum
PERIOD
sound pressure level (Lamax, adj,T)
7am – 6pm Background noise level (LAbg,T) plus 10 dB(A)
6pm – 10pm Background noise level plus10 dB(A)
10pm – 7am Background noise level plus 8 dB(A)
When requested by Noosa Council, a Noise Impact Assessment Report (NIAR)
showing monitoring and recording of noise levels must be undertaken to
investigate any non-vexatious complaint caused by noise emissions from
operations of the facility. Such monitoring must be undertaken and completed
within a reasonable and practicable timeframe as nominated by Council and be
performed by a suitably qualified and experienced person.
The NIAR is to 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.
Rectification works will be required within a reasonable timeframe as set by
Council where equipment, air conditioning units, motors, electrical generators,
compressors, etc exceed the Noise Limits of Table 1.
Measurement of sound pressure levels (adjusted for tonality and impulse) must
be in accordance with Australian Standard AS1055.1 “Acoustics – Description
and measurement of environmental noise – General procedures”.
For the purpose of measuring and certifying relevant noise conditions and
reporting (eg. equipment, air conditioning units, motors, electrical generators,
compressors, etc), a suitably qualified person is either:
i. a Registered Professional Engineer of Queensland, or
ii. an environmental consultant with a minimum of 3 years current experience
in the field of acoustics.
Page 6 of 21
Section 7
ORDINARY MEETING AGENDA 20 APRIL 2017
Health and Safety
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:
12.1. a maximum number of users over the lifetime of any pole or other
supporting structure
12.2. full power usage
12.3. a maximum down tilt of antennae
Warning information signs and security fencing must be provided on the site to
prevent unauthorised entry. Fencing must be camouflaged through the use of
colours, materials and screening vegetation to blend the fence into the visual
landscape.
Colours and Finishes
The monopole and associated panels must be finished in colours that blend in
visually into the landscape.
Cessation of Use
The telecommunications facility must be removed from the site upon cessation
of the use.
Landscaping Plan
Dense screening vegetation shall be established around the enclosure in
accordance with an Operational Works approval, Council’s Policy on
Landscaping Guidelines and a properly prepared landscape plan. Such
landscaping is to be completed prior to the commencement of the use and
maintained at all times thereafter. The Landscape Plan shall include at a
minimum:
16.1. The identification and retention of the existing trees within a 50m distance
around the fenced compound area of the tower.
16.2. Appropriately selected tree species and understorey plantings to achieve
dense visual screening of the tower and having regard to the soil
conditions. Trees included shall be able to achieve up to 20m in mature
height, though inclusion of fast growing species is also desirable to achieve
early visual screening.
16.3. The planting areas should maximise the screening opportunities
surrounding the tower and include appropriate planting for a distance up to
20m beyond the perimeter of the lease area, whilst maintaining access
and electricity supply.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The telecommunications facility will provide coverage for the NBN fixed wireless
network, allowing for the delivery of higher speed data to rural residential
households in the Cooran area; and
2. The proposal will not significantly impact on the visual or residential amenity of
the locality as appropriate separation distances are retained to existing nearby
residents and the tower will be partly screened by existing vegetation.
Page 7 of 21
Section 8
ORDINARY MEETING AGENDA 20 APRIL 2017
8 MCU16/0075 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES - DETACHED HOUSE (19) AT 90 BEACH ROAD, NOOSA NORTH SHORE
Item not dealt with by Planning & Environment Committee. Referred to General
Committee for consideration.
Reason for referral – Requested by Cr Jackson due to significance of issue.
9 MCU16/0012 - PLANNING & ENVIRONMENT COURT APPEAL 5023 OF 2016
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR RETAIL BUSINESS
TYPE 2 SUPERMARKET AT 5 GARNET STREET, COOROY
That Council note the report by the Manager, Planning & Environment to the Planning &
Environment Committee Meeting dated 11 April 2017 and authorise the Chief Executive
Officer to finalise Appeal 5023/2016 by agreeing to delete conditions 35(c) and 35(d).
Recommendation
The Planning & Environment Committee recommendations dated 11 April 2017 be adopted except
where dealt with or held over by separate resolution.
Page 8 of 21
Section 9
ORDINARY MEETING AGENDA 20 APRIL 2017
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
11 APRIL 2017 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington & Frank Wilkie
Other Councillors in Attendance: Crs. Jackson, Jurisevic and Stockwell
1 PROPOSED GARDEN WASTE SERVICE AND POLICY
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 11 April 2017 and Council:
A. Approve the Garden Waste Recycling Service Policy including the maps of areas
where a 3 bin waste collection service will be provided to single dwellings and
duplexes, as provided at Attachment 1 to the report subject to an amendment to page
13, item 7 to read as follows:;
7 SERVICE EXEMPTIONS
The owner of premises within the defined garden waste service area may apply for an
exemption from the garden waste recycling service where they meet the following
criteria:
the owner engages a service provider to perform a gardening service at premises
to either mulch or remove all garden waste to the resource recovery facility or to
another location for an approved reuse of the resource; and the service provider
supplies a written undertaking that achieves compliance with the exemption criteria
mentioned in this section; or.
the parcel of land on which a single dwelling or duplex is located is 400m² or less
in area.
B. Specify the minimum service level for single dwellings and duplexes within the 3 bin
service areas as 1 x 240 litre general waste bin collected weekly, 1 x 240 litre yellow
lidded recycling bin collected fortnightly and 1 x 240 litre lime lidded garden waste
recycling bin collected fortnightly; and
C. Designate the area where an optional garden waste collection service will be provided
as any premises which are not a single domestic residence or duplex located within
the designated 3 bin garden waste service area, or any premises within 5 kilometres
of the 3 bin garden waste service areas; and.
D. Provide an exemption from the garden waste recycling service to single dwellings or
duplexes which are located on parcels of land which are 400m² or less in area, upon
receipt of a written application for exemption.
2 PROPOSED TENDER - TIP SHOP AT EUMUNDI ROAD RESOURCE RECOVERY
FACILITY
That Council note the report by the Manager Waste and Environmental Health to the Services
& Organisation Committee Meeting dated 11 April 2017 and:
A. Agree to call tenders for a licence to occupy land at the Resource Recovery Centre,
Eumundi Road, Doonan for the purpose of ‘diversion and sale of reusable items’;
B. Limit tenders to be invited from Not for Profit organisations or Social Enterprises only;
C. Agree to the conditions outlined in the report to be included in the licence; and
D. Authorise the Manager Waste and Environmental Health to extend the agreement with
Noosa Community Training Inc. on a month to month basis to provide sufficient time to
implement the new arrangement.
Page 9 of 21
Section 10
ORDINARY MEETING AGENDA 20 APRIL 2017
3 COMMUNITY ENGAGEMENT POLICY REVIEW
That Council note the report by the Community Engagement Manager to the Services &
Organisation Committee Meeting dated 11 April, 2017 and:
A. Adopt the revised Community Engagement Policy provided at Attachment 1 to the
report; and
B. Authorise the Chief Executive Officer to revise the organisational guidelines and
community engagement tools that support the implementation of the Policy.
4 NOOSA WATERFRONT RESTAURANT REQUEST FOR APPROVAL OF EVENTS IN
ADJACENT RECREATION PARK RESERVE
Item not dealt with by Services & Organisation Committee. Referred to General
Committee for consideration.
Reason for referral – Requested by Cr Jackson due to the significance of the issue.
5 NOOSA RIVER HOLIDAY PARK MANAGEMENT SERVICES CONTRACT - TENDER
1516T078
That Council note the report by the Property Officer to the Services & Organisation
Committee Meeting dated 11 April 2017 and:
A. Award contract 1516T078 to Anvera Pty Ltd trading as Dineen Tourism Management
for the Noosa River Holiday Park Management Services for an initial three (3) year
period commencing 1 June 2017; and
B. Authorise the Chief Executive Officer to exercise future options to extend the contract
for a further one (1) year period subject to satisfactory performance.
6 NOOSA NORTH SHORE BEACHFRONT CAMPGROUND - FEES AND CHARGES AND
PROPOSED INTERIM MANAGEMENT AGREEMENT
That Council note the report by the Property Officer to the Services & Organisation
Committee Meeting dated 11 April 2017 and:
A. Set fees and charges for the North Shore Beachfront Campground to align with the
cessation of the July 2018 Queensland school holidays;
B. Adopt the Proposed Commercial Charges Schedule for the Noosa North Shore
Beachfront Campground for the period ending 16 July 2018 as detailed in the tables
contained within the report; and
C. Authorise the Chief Executive Officer to enter into an extension to the current
management agreement with Beachfront Caravan Park Pty Ltd for 10 months
commencing 1 August 2017.
Page 10 of 21
Section 11
ORDINARY MEETING AGENDA 20 APRIL 2017
7 KIN KIN SCHOOL OF ARTS HALL - PROPOSED NEW LEASE
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 11 April 2017 and
A. Authorise the CEO to enter into negotiations for a 10 year lease to the Kin Kin
Community Group Inc. over Lot A on SP221085 being part of Lot 214 SP143420;
B. Apply the exception to the requirement for tendering of the lease under Section 236 (1)
(b) (ii) of the Local Government Regulation 2012 as the lease is to a community
organisation.
8 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2017
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 April 2017 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to
hold the Ordinary Meetings on 18 May 2017 and 16 November 2017 at the following
locations:
1. Thursday, 18 May 2017 – Lake Cootharaba Sailing Club, Boreen Point
commencing at 6pm; and
2. Thursday, 16 November 2017 – Sunshine Beach State School, Sunshine Beach
commencing at 6pm.
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken
to promote these community based Council Meetings.
9 NOOSA TRAFFIC ADVISORY AND SPEED MANAGEMENT COMMITTEE, MARCH 2017
That Council note the report by the Senior Officer, Transport and Traffic to the Services &
Organisation Committee Meeting dated 11 April 2017 detailing the key outcomes of the
Noosa Traffic Advisory and Speed Management Committee meeting held on 16 March 2017.
Recommendation
The Services & Organisation Committee recommendations dated 11 April 2017 be adopted except
where dealt with or held over by separate resolution.
Page 11 of 21
Section 12
ORDINARY MEETING AGENDA 20 APRIL 2017
GENERAL COMMITTEE RECOMMENDATIONS
18 APRIL 2017 – Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington
1 SUBMISSION TO PROPOSAL BY ECO CAMP PTY LTD TO RECLASSIFY FISH HABITAT
AREA AT ELANDA POINT
Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) as he had made initial inquiries about purchasing the site adjoining the
proposed jetty but did not proceed any further with that approach. Cr Pardon advised that he has no
current or future personal interests in the site however he has made a personal submission to the
State opposing the proposal to reclassify the fish habitat area. Cr Pardon left the room for the debate
and decision on this matter.
That Council note the report by the Environment Officer (Rivers and Coast) to the Planning
and Environment Committee Meeting dated 11 April 2017 and request the Chief Executive
Officer make a submission, as outlined in Attachment 3 of the Report, to the Marine Resource
Management section of the Department of National Parks, Sport and Racing on the proposal
by Eco Camp Pty Ltd to request a downgrade of approximately 2.6 ha of declared Fish
Habitat Area at Elanda Point from a management A area to a management B area with the
inclusion of additional arguments as follows:
A. Great Sandy Management Plan
The proposal aims to facilitate infrastructure and commercial uses which are
inconsistent with the objectives and future management vision of the Great Sandy
Management Plan (esp. Strategy 3) and are inconsistent with the 'Natural' Recreation
Opportunity Setting (ROS) for the Location.
Specifically, the envisaged infrastructure and use proposed by the applicant:
1. is more suited to an 'Intensive Recreation' or 'Urban' ROS class;
2. will introduce conflict between participants in different activities or pursuits
currently supported by the 'Natural' ROS setting; and
3. will disrupt the recreational experience of lake users and their enjoyment of the
closeness to nature and tranquillity envisaged in a 'Natural' setting.
B. Declared Fish Habitat Strategy
The proposal fails to provide any meaningful form of compensation for the downgrading
as is expected (see p11 of strategy).
Page 12 of 21
Section 13
ORDINARY MEETING AGENDA 20 APRIL 2017
2 OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
TERRACE NOOSAVILLE
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a
Development Permit for Operational Works for Prescribed Tidal Works – Extension to an
Existing Deck situated at 290 Gympie Terrace Noosaville and: request a reviewed report to
the Ordinary Meeting with an alternative motion to approve the application, which would
include the following conditions:
A. That the Prescribed Tidal Works are to be used for the purpose of providing access to
vessels and the ancillary lawful marine purposes conducted within the subject lease;
B. That the approval makes it clear that operational works approval in no way
sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e. café
with dining facilities for 10 or more people) or other uses requiring prior approval under
the planning scheme; and
C. That the approval be issued on the grounds that the existing minor works
constructed are consistent with:
1. the Overall Outcomes of the Watercourse Works Code (14.161), and
2. the relevant specific outcomes listed in the Watercourse Works Code with
respect to:
a) Siting (14.163)
b) Character and Amenity (14.164)
c) Design Construction & Safety (14.165 & .168)
A. Refuse the application for the following reasons:
1. The proposed works are contrary to the Noosaville Locality Code as the works
are for non-marine commercial purposes that will result in an increase in the
overall scale and intensity of commercial operations on and adjacent to the
Noosa River;
2. The proposed works are contrary to the Watercourses Works Code as the works
are not for the sole purpose of providing access to vessels and the applicant has
not demonstrated clear public benefit and support for the works; and
3. The proposed works are contrary to the IDAS Code for Prescribed Tidal Works
as the proposal does not make any provision towards car parking facilities.
B. Advise the applicant that a Material Change of Use is required for the cafe to operate
from the premises and that Council will give further consideration to the decks at the
time the Material Change of Use application is lodged and once community
consultation is undertaken for the Noosaville Foreshore Land Use Master Plan.
Page 13 of 21
Section 14
ORDINARY MEETING AGENDA 20 APRIL 2017
3 MCU16/0075 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE OF
PREMISES - DETACHED HOUSE (19) AT 90 BEACH ROAD, NOOSA NORTH SHORE
Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 173 of the
Local Government Act 2009) due to his business dealings with Petrac in 2008 and Solingen in 2011
(both prior to his election to Council) to provide display material to the North Shore Eco Centre (also
known as Great Sandy Eco Centre). Cr Wellington 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.
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 April 2017 and refuse Application No.
MCU16/0075 for a Development Permit for 19 Detached houses, situated at 90 Beach Road,
Noosa North Shore for the following reasons:
1. The proposed use, defined as a Detached House under The Noosa Plan is an
inconsistent with the long term strategic planning and is an inconsistent use in a Visitor
Mixed Use zone and is contrary to the Overall Outcomes of the Noosa North Shore
Locality Code and the strategic intent of The Noosa Plan, which seeks to protect
substantial key sites for visitor accommodation, with the subject site identified as one
of the key sites;
2. The non-protection of substantial key sites for visitor accommodation will adversely
impact upon a viable tourism economy for Noosa;
3. The proposal is likely to result in poor amenity for permanent residents and may create
negative experiences for visitors to the resort, given the potential conflicts between
permanent residents and visitors;
34. The proposal has the potential to increase pressure to provide additional infrastructure
and services on the Noosa North Shore, contrary to The Noosa Plan and Local
Government Infrastructure Plan; and
45. The applicant does not provide sufficient grounds to justify the conflict with the Planning
Scheme and the proposal will not result in any significant benefits to the community.
4 NOOSA WATERFRONT RESTAURANT REQUEST FOR APPROVAL OF EVENTS IN
ADJACENT RECREATION PARK RESERVE
That Council note the report by the Property Advisor to the Services & Organisation
Committee meeting dated 11 April 2017 and:
A. Agree to issue Temporary Event Permits to the Noosa Waterfront Restaurant for
existing event bookings to 21 July 30 November 2017.
B. Advise Noosa Waterfront Restaurant that, should it seek ongoing access to the reserve
land for commercial purposes, it should make a submission to the upcoming Noosaville
Foreshore Land Use Master Plan project.
C. Further consider longer-term tenure associated with the Noosa Waterfront
Restaurant’s use of the reserve land where it is recommended in the final adopted
Noosaville Foreshore Land Use Master Plan.
Page 14 of 21
Section 15
ORDINARY MEETING AGENDA 20 APRIL 2017
5. FUTURE USES AND MANAGEMENT ARRANGEMENTS FOR THE COOROY
MEMORIAL HALL
Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
Government Act 2009) due to his signing of a petition regarding the future of the Cooroy Memorial Hall. Cr
Stockwell left the meeting room for debate and decision on this matter.
That Council note the report by the Director Community Services to the General Committee
Meeting dated 18 April 2017 and agree to:
A. Enter into an agreement to lease the Cooroy Memorial Hall to the Cooroy Memorial
Hall Association Inc (the CMHA) for the purpose of the Association undertaking the
schedule of maintenance and upgrade works as per Attachment 1;
B. Enter into a five year lease (with the terms and conditions of the lease being similar to
other community hall lease arrangements) for the CMHA to manage and operate the
Cooroy Memorial Hall, subject to the CMHA satisfactorily completing the schedule of
maintenance and upgrade works as per Attachment 1and producing a final business
plan; and
C. Allocate up to $192,000 from Heritage Levy funds towards the Cooroy Hall
maintenance and upgrade works on the proviso that the CMHA match these funds
dollar for dollar either in cash or via grants, donations of goods or the provision of in
kind services.
6 FEBRUARY BUDGET REVIEW 2016/17
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 April 2017 and approve the requested changes to the budget for the
2016/17 financial year, as outlined in the attached Revised Budget Financial Statements.
7 FINANCIAL PERFORMANCE REPORT - MARCH 2017
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 18 April 2017 providing the March YTD monthly financial performance report
for the 2016/17 financial year.
8. OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2016-17
That Council note the report by the Chief Executive Officer to the General Committee
Meeting dated 18 April 2017 providing an update on progress with the implementation of
the Operational Plan to 31 March 2017 and details of Council’s Key Performance Indicators.
Recommendation
The General Committee recommendations dated 18 April 2017 be adopted except where dealt
with or held over by separate resolution.
Page 15 of 21
Section 16
ORDINARY MEETING AGENDA 20 APRIL 2017
7 ORDINARY MEETING REPORTS
1. FURTHER REPORT – OPW16/0189 - DEVELOPMENT APPLICATION FOR
OPERATIONAL WORKS PRESCRIBED TIDAL WORKS - EXTENSION TO AN
EXISTING DECK 290 GYMPIE TERRACE NOOSAVILLE
Author Coordinator Planning, Patrick Murphy
Planning & Infrastructure Department
Index ECM / Application / OPW16/0189
Attachments 1. Submitted Plan
APPLICATION DETAILS
Applicant
Pile-It Pty Ltd
Proposal
Development Permit for Operational Works Prescribed Tidal Works -
Jetty
ALTERNATE MOTION
That Council notes the reports by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 April 2017 and the General Committee Meeting dated 18 April
2017 regarding Application No. OPW16/0189 for a Development Permit for Operational
Works for Prescribed Tidal Works – Extension to an Existing Deck situated at 290 Gympie
Terrace Noosaville and:
A. Approve the application for the following reasons:
1. The existing works constructed are consistent with the Overall Outcomes of the
Watercourses Works Code; and
2. The existing works constructed are consistent with the relevant Specific
Outcomes in the Watercourses Works Code with respect to:
a. Siting;
b. Character and Amenity; and
c. Design Construction and Safety
3. The existing works constructed are consistent with the IDAS Code for Prescribed
Tidal Works.
B. Approve the application subject to the following conditions:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
26159-S1 A Jetty Plan and Details June
2016
2. All structures associated with the development must be constructed wholly within
the approved area
Page 16 of 21
Section 17
ORDINARY MEETING AGENDA 20 APRIL 2017
3. Structures must be designed and constructed such that they are free standing
within the waterway and are not connected to or behind the revetment wall or
rock wall. Upon completion of works, a certification by RPEQ must be provided
to Council in this regard.
4. All structures must have no detrimental effects on stormwater drains and/or
easements.
5. The jetty and deck areas must be constructed in a manner to render the
underside area vermin proof
6. There must be no electrical reticulation system carrying electricity in excess of
24 volts beyond the revetment wall unless all switches and power outlets are
positioned above the 1%AEP flood level.
7. Lighting associated with the use must be designed, installed, operated, and
maintained in accordance with Section 3 of AS4282 Control of the Obtrusive
Effects of Outdoor Lighting.
8. Wastewater and sullage must only be disposed of at approved pumpout facilities.
9. The mooring facility must not be utilised for live-aboard purposes.
10. Any construction and post construction activity is not to impact on the condition
of the waterway, and is to be conducted so as not to breach the Environmental
Protection Act EPA (1994) and the Environmental Protection (Water) Policy
2009.
11. Certification by a Registered Professional Engineer of Queensland that states
that the works have been constructed in accordance with best practice methods
and are structurally sound must be submitted to Council. This certification must
be submitted to Council within three (3) months of the date of this approval. A
final inspection and approval of the structure by Council’s Inspector is also
required. Please contact Council’s Planning Assessment Section (Development
Audit & Response Officer 0428738563) to arrange the inspection.
12. After completion, the proposed works must be maintained in a sound state of
repair in accordance with the approved plans
13. All necessary State government approvals relating to this development must be
obtained.
C. Include the following Advisory Notes:
ADVISORY NOTES:
General Advisory Notes
1. That the Prescribed Tidal Works are to be used for the purpose of providing
access to vessels and the ancillary lawful marine purposes conducted within the
subject lease;
2. That the approval makes it clear that operational works approval in no way
sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e.
café with dining facilities for 10 or more people) or other uses requiring prior
approval under the planning scheme
3. Council has undertaken an audit check of the Operational Works drawings in
relations to the proposed works. A detailed check of the calculations and
drawings has not been undertaken, as they have been certified by a RPEQ. The
RPEQ bears full responsibility for all aspects of the engineering design. Council
reserves the right to require further amendments and/or additions at a later date
should design errors become apparent.
Page 17 of 21
Section 18
ORDINARY MEETING AGENDA 20 APRIL 2017
4. The approval or conditions do not absolve the owner of the land from complying
with all the conditions of this approval and/or relevant Council By-Laws and
Policies and/or relevant statues and/or statutory regulations in the execution
and/or performance of said works.
5. Council reserves the right to call up any performance bond held or levy charges
against the property, should emergency works be required to be undertaken by
Council to make the site safe due to inactivity on the development site for
extended periods of time.
6. Should any changes or modifications to the approved plans be required as a
result of construction constraints, a “Request to change an existing approval”
under the Sustainable Planning Act 2009 must be made. Amended plans clearly
indicating the changes must be lodged with this application along with the
appropriate fees.
REPORT
A report on this application was included on the Planning and Environment Committee
Agenda dated 11 April 2017 (Item 6, Page 2), with consideration of the report referred to the
General Committee Meeting on 18 April 2017.
The officer’s recommendation for refusal was not supported at the General Committee
Meeting with the Committee requesting an alternate motion for approval of the application
with relevant conditions. The basis for this decision included the following matters:
The jetty was in need of repair and improvement for disabled access;
The extensions are compliant with the marine facilities offered at the site, including
passengers occupying deck space until boarding time; and
Advice conditions can distinguish this works approval from the use of the decking for
café purposes.
Council staff continue to support the recommendation made to the General Committee
Meeting on 18 April 2017.
Previous Staff Recommendation
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a
Development Permit for Operational Works for Prescribed Tidal Works – Extension to an
Existing Deck situated at 290 Gympie Terrace Noosaville and:
A. Refuse the application for the following reasons:
1. The proposed works are contrary to the Noosaville Locality Code as the works
are for non-marine commercial purposes that will result in an increase in the
overall scale and intensity of commercial operations on and adjacent to the
Noosa River;
2. The proposed works are contrary to the Watercourses Works Code as the works
are not for the sole purpose of providing access to vessels and the applicant has
not demonstrated clear public benefit and support for the works; and
3. The proposed works are contrary to the IDAS Code for Prescribed Tidal Works
as the proposal does not make any provision towards car parking facilities.
B. Advise the applicant that a Material Change of Use is required for the cafe to operate
from the premises and that Council will give further consideration to the decks at the
time the Material Change of Use application is lodged and once community
consultation is undertaken for the Noosaville Foreshore Land Use Master Plan.
Page 18 of 21
Section 19
ORDINARY MEETING AGENDA 20 APRIL 2017
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office x Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance X Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 19 of 21
Section 20
ORDINARY MEETING AGENDA 20 APRIL 2017
Page 20 of 21
ORDINARY MEETING AGENDA 20 APRIL 2017
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Page 20 of 21Section 21
ORDINARY MEETING AGENDA 20 APRIL 2017
8 CLOSED SESSION
9 NEXT MEETING
The next Ordinary Meeting will be held on18 May 2017 at Lake Cootharaba Sailing Club, 24
Boreen Parade, Boreen Point QLD 4565 commencing at 6pm.
10 MEETING CLOSURE
Page 21 of 21