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                       AGENDA


            Ordinary Meeting

          Thursday, 20 October 2016

                    commencing at 6pm
     Cooroy Sports Hub, 6 Opal Street, Cooroy




Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie



  “Engagement with our community to protect and enhance our lifestyle”
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Section 2

ORDINARY MEETING AGENDA                                    20 OCTOBER 2016


TABLE OF CONTENTS


ITEM                                                                 PAGE

1      ATTENDANCE & APOLOGIES                                            3

2      CONFIRMATION OF MINUTES                                           3

3      MAYORAL MINUTES                                                   3

4      NOTIFIED MOTIONS                                                  3

5      CONSIDERATION OF COMMITTEE RECOMMENDATIONS                        4

       AUDIT & RISK COMMITTEE MEETING RECOMMENDATIONS                    4

       PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS                  5

       SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS                 8

       GENERAL COMMITTEE RECOMMENDATIONS                                10

6      ORDINARY MEETING REPORTS                                         18

7      PETITIONS                                                        18

8      CLOSED SESSION                                             18

9      NEXT MEETING                                                     18

10     MEETING CLOSURE                                                  18




                                                               Page 2 of 18

Section 3

ORDINARY MEETING AGENDA                                         20 OCTOBER 2016



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 15 September 2016 be received and
    confirmed.




3   MAYORAL MINUTES




4   NOTIFIED MOTIONS

    Nil.




                                                                     Page 3 of 18

Section 4

ORDINARY MEETING AGENDA                                                    20 OCTOBER 2016


5    CONSIDERATION OF COMMITTEE RECOMMENDATIONS


AUDIT & RISK COMMITTEE MEETING RECOMMENDATIONS
14 OCTOBER 2016 – Cr Wellington, Cr Jackson, Scott Williams, Cameron Jaggers
External attendees: Debra Stolz & Lawrence Liao (Queensland Audit Office via teleconference)


1    QUEENSLAND AUDIT OFFICE CLOSING REPORT
     That Council note the draft Audit Closing Report provided by the Queensland Audit Office
     (QAO) to the Audit & Risk Committee meeting dated 14 October 2016.



2    REVIEW OF AUDIT POLICIES, INTERNAL AUDIT UPDATE, IMPLEMENTATION OF
     AUDIT RECOMMENDATIONS
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 14 October 2016 and:
     A.   Adopt Note the updated changes to the Audit and Risk Committee Charter provided
          at Attachment 21 to the report and additional suggested amendments made by the
          Committee;
     B.   Adopt Note the updated changes to the Internal Audit Policy and Terms of Reference
          provided at Attachment 12 to the report and additional suggested amendments made
          by the Committee;
     C.   Note that both the revised Audit and Risk Committee Charter and Internal Audit
          Policy and Terms of Reference will be reported to Council in November 2016 for
          adoption;
     DC. Note the progress made by the organisation in respect of previous Internal and
          External Audit recommendations as outlined in the Register of Audit Action Items
          provided at Attachment 3 to the report;
     ED. Note the proposed scope for the Internal Audit of Council’s Procure to Pay Systems
          and Processes provided at Attachment 4 to the report.


3    RISK MANAGEMENT UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 14 October 2016 providing an update of Council’s Risk Management
     Program.


4    GOVERNANCE UPDATE
     That Council note the report by the Governance Advisor to the Audit & Risk Committee
     Meeting dated 14 October 2016 providing an update on the development of Noosa
     Council’s Annual Report 2015/16, the Noosa Council Policy Register, Council’s compliance
     with the Local Government Act and Regulation and Council’s annual delegations review.


Recommendation

The Audit & Risk Committee recommendations dated 14 October 2016 be adopted except where
dealt with or held over by separate resolution.


                                                                                 Page 4 of 18

Section 5

ORDINARY MEETING AGENDA                                                      20 OCTOBER 2016


PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
11 OCTOBER 2016 - Crs Joe Jurisevic (Chair), Ingrid Jackson, Brian Stockwell and Tony
Wellington
Other Councillors in attendance: Crs Jess Glasgow, Frank Pardon and Frank Wilkie.


1    ZERO EMISSIONS NOOSA (TM) - ORGANISATIONAL STRATEGY
     Item not dealt with by the Planning & Environment Committee. Referred to the General
     Committee for consideration.
     Reason for referral: Significance of the issue.


2    DISCUSSION PAPER - NOOSA PLAN
     That Council note the report by the Planning Scheme Project Manager to the Planning &
     Environment Committee Meeting dated 11 October 2016 and:
     A.    Endorse the document The New Noosa Plan Discussion Paper for the purpose of
           engaging with the community; and
     B.    Endorse the community engagement activities proposed in the Community
           Engagement Summary.


3    132003.221194.01 - CHANGE AN EXISTING APPROVAL FOR A MULTIPLE DWELLING
     OF 4 DWELLING UNITS SITUATED AT 215 GYMPIE TERRACE NOOSAVILLE                      DOCUMENT INFORM AT ION




     That Council note the report by the Manager Planning & Environment to the Planning &
     Environment Committee Meeting dated 11 October 2016 regarding a request to change a
     development approval, Application No. 132003.221194.1, situated at “Wai Cocos” 215
     Gympie Terrace Noosaville and agree to delete condition 45.


4    MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
     AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGES
     (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
     Item not dealt with by the Planning & Environment Committee.          Referred to a future
     meeting for consideration.
     Reason for referral: Staff received further information regarding acoustic measures and
     requested to assess this in a further report to a future Council Meeting.


5    MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
     FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
     Item not dealt with by the Planning & Environment Committee. Referred to the General
     Committee for consideration.
     Reason for referral: Cr Jurisevic requested the report be referred for further consideration
     of the hours of operation for the development.




                                                                                   Page 5 of 18

Section 6

ORDINARY MEETING AGENDA                                                           20 OCTOBER 2016


6   PBA16/0016 PLANNING & ENVIRONMENT COURT APPEAL 111/2016 FOR A
    DEVELOPMENT APPLICATION FOR BUILDING WORKS WITHIN COASTAL
    PROTECTION AREA SITUATED AT 26 LORIKEET DRIVE, PEREGIAN BEACH                               CUMENT INF ORM ATION




    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 11 October 2016 regarding Planning & Environment Court
    Appeal 111/2016 and agree to defend the appeal.


7   IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
    GERHARDT & GERHARDT V QUEENSLAND BUILDING & CONSTRUCTION
    COMMISSION
    That Council note the report by the Manager, Planning & Environment to the Planning &
    Environment Committee Meeting dated 11 October 2016 and amend the existing Council
    decision in relation to this matter (reference – Council meeting dated 18 August 2016,
    Planning & Environment Committee recommendation 3 on page 5 of the Council meeting
    minutes) by replacing the current Table 1 with the following new Table 1:-
    Table 1 – Declared building form for amenity and aesthetic referral agency assessment in
    Noosa Shire
           Column 1                        Column 2                              Column 3
             Code            Concurrence Agency Assessment              Probable Solutions/Specific
                                        Required                                Outcomes
     Building Works Code     Where carrying out building work not      Table 14-44 S1.1, S2.3, S10.1,
                             associated with a material change of      S11.1-S11.3 S12.1, S13.1,
                             use and not complying with the            S14.1, S15.1, S16.1, S16.2,
                             Probable Solutions identified in          S17.1, S181-S18.4, S20.1,
                             column 3 of this table. Applies to all    S21,1, S21.2, S22.1,
                             localities if a locality or zone is not   Table 14-45 S23.1-S23.3,
                             identified.
                                                                       Table 14-45 S24.1-S24.7,
                                                                       S25.1-S25.6
     Biodiversity Overlay    Where involving interference with         Table 13.2 S9.1, S10.1
     Code                    vegetation on premises identified as
                             Environmental Protection Area,
                             Environmental Enhancement Area or
                             Riparian Buffer Area on Biodiversity
                             Overlay Maps OM1.1 to OM9.1; or
                             Where on premises identified as
                             Riparian Buffer Area of Biodiversity
                             Overlay Maps OM1.1 to OM9.1,
                             except for demolition works.
     Heritage Overlay Code   Where involving a heritage site or        Table 13.5 O1, S2.1, O3, S4.1,
                             within a character area as defined by     S5.1-S5.3, O6, S7.1, O12
                             the Division 5, 13.11 General
                             Provisions for the Heritage Overlay
     Natural Hazard          Where on land identified as Flood         Table 13.10 S20.1, S20.2
     Overlay Code            Hazard Area on Overlay Maps
                             OM1.3-9.3
     Natural Resources       Where within a Coastal Protection         Table 13.17 S17.1, O18,O19,
     Overlay Code            Area identified on Overlay Map            S20.1, S20.2
                             OM4.5




                                                                                         Page 6 of 18

Section 7

ORDINARY MEETING AGENDA                                                    20 OCTOBER 2016


8    P&E COURT APPEAL D171/2015 FOR
     A MATERIAL CHANGE OF USE FOR CULTIVATION TYPE 2 - INTENSIVE
     (GREENHOUSE) & RECONFIGURING A LOT (ACCESS EASEMENT) SITUATED AT
     271 & 305 LAKE MACDONALD DR, LAKE MACDONALD
     That Council note the report by the Manager, Planning & Environment to the Planning &
     Environment Committee Meeting dated 11 October 2016 and authorise the Chief Executive
     Officer to finalise Appeal D171/2015 generally in accordance with the following conditions
     as noted in the report.:




Recommendation

The Planning & Environment Committee recommendations dated 11 October 2016 be adopted
except where dealt with or held over by separate resolution.




                                                                                  Page 7 of 18

Section 8

ORDINARY MEETING AGENDA                                                      20 OCTOBER 2016


SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS

11 OCTOBER 2016 – Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington
& Frank Wilkie
Other Councillors in Attendance: Crs Jackson & Stockwell



1    ASSET PLANNING TEAM RESOURCING ARRANGEMENTS
     That Council note the report by the Asset Planning Coordinator to the Services &
     Organisation Committee Meeting dated 11 October 2016 and endorse changes to
     Council’s organisation structure that includes an increase of two fulltime equivalent (2 FTE)
     two year fixed term positions in the Asset Planning Team.



2    LBNA04 STREET SWEEPING SERVICES
     That Council note the report by the Civil Operations Manager to the Services &
     Organisation Committee Meeting dated 11 October 2016 and:
     A.    Endorse the appointment of Environmental Wastewater Catchment Services Pty Ltd
           trading as Enviro Sweep as sole provider of street sweeping services by Localbuy
           under arrangement LBNA04, and
     B.    Adopt the recommended Level of Service for Street Sweeping as detailed in Table 2:
           Proposed Sweeping Frequencies provided in the report.



3    ANNUAL DISASTER MANAGEMENT REPORT 2016
     That Council note the report by the Director Planning & Infrastructure and Local Disaster
     Coordinator, and Disaster Management & Special Projects Officer to the Services &
     Organisation Committee Meeting dated 11 October 2016 and:
     A.    Thank the members of, and advisors to, the Noosa Local Disaster Management
           Group for their participation; and
     B.    Note the improvement in the Local Disaster Management Plan assessment against
           the Inspector-General Emergency Management’s Emergency Management
           Assurance Framework.




4    PROPOSED TRANSFER OF SHOP 8 LEASE SUNRISE BEACH NEIGHBOURHOOD
     SHOPPING CENTRE, 2 GRASSTREE CRT, SUNRISE BEACH
     That Council note the report by the Property Manager to the Services & Organisation
     Committee Meeting dated 11 October 2016 and approve the proposed transfer of the lease
     for Sunrise Neighbourhood Shopping Centre, Shop 8 – Supermarket, located at 2
     Grasstree Court, Sunrise Beach from Yenbazaar Pty Ltd to Sunrise JEM Pty Ltd.




                                                                                    Page 8 of 18

Section 9

ORDINARY MEETING AGENDA                                                  20 OCTOBER 2016


5    SCOPE OF THE NOOSA ARTS, CULTURE AND HERITAGE PLAN
     That Council note the report by the Director Community Services to the Services &
     Organisation Committee Meeting dated 11 October 2016 and;
     A.   Approve the Arts, Culture and Heritage Plan Scope as provided at Attachment 1 to
          the report subject to minor amendments approved by the CEO including the inclusion
          of an indigenous community representative on the reference group;
     B.   Appoint Cr <***> Wilkie to the reference group; and
     C.   Delegate the appointment of the proposed community membership of the reference
          group to the CEO in consultation with the Mayor.




6    NOOSA AQUATIC CENTRE AND NOOSA LEISURE CENTRE FEES AND CHARGES
     REVISIONS
     That Council note the report by the Community Facilities Manager, to the Services &
     Organisation Committee meeting dated 11 October 2016 and endorse the revised fees and
     charges schedule and membership structure for the Noosa Aquatic Centre and the Noosa
     Leisure Centre as provided in the report.



7    COUNCIL MEETING SCHEDULE 2017
     That Council note the report by the Personal Assistant to the CEO to the Services &
     Organisation Committee Meeting dated 11 October 2016 and approve the Council meeting
     dates for 2017 as set out in Attachment 1 to the report.



8    ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY
     That Council note the report by the Governance Advisor to the Services & Organisation
     Committee Meeting dated 11 October 2016 and:
     A.   Pursuant to section 257 of the Local Government Act 2009 (LGA), agree to delegate
          the powers of the Local Government outlined in Table 1 and Table 2 of the report
          (and provided at Attachment 1), to the Chief Executive Officer;
     B.   Repeal Council’s current Land Protection Delegation 2015-24; and
     C.   Note that the current delegations of authority outlined in the report have been
          reviewed and require no changes.




Recommendation

The Services & Organisation Committee recommendations dated 11 October 2016 be adopted
except where dealt with or held over by separate resolution.




                                                                               Page 9 of 18

Section 10

ORDINARY MEETING AGENDA                                                        20 OCTOBER 2016


GENERAL COMMITTEE RECOMMENDATIONS
17 OCTOBER 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Cr Jackson, Frank Pardon,
Brian Stockwell and Tony Wellington.
Apology: Cr Joe Jurisevic.


1    ZERO EMISSIONS NOOSATM - ORGANISATIONAL STRATEGY
     That Council note the report by the Executive Manager to the Planning & Environment
     Committee Meeting dated 11 October 2016 on the outcomes of the organisation’s baseline
     greenhouse emissions assessment and
     A     Adopt the Zero Emissions Noosa™ Organisational Strategy 2016-2026 provided
           at Attachment 1 to the Report with the following changes:
           1.    Page 2, paragraph 3, of the Strategy to read:
                 It is in the Council’s and community’s interest to mitigate contribute to global
                 mitigation of those impacts by reducing Council’s GHG emissions; and
           2.    Page 6, The last sentence of Item 6.1 of the Strategy, to read:
                 It is in the Council’s and community’s interest to mitigate contribute to global
                 mitigation of those impacts by reducing Council’s GHG emissions.
     B.    Note that work is proceeding on the development of a detailed Action Plan to
           implement the Strategy.


2.   MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE
     FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND
     BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
     (refer further report provided at Item 4)


3    MCU16/0047 DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE
     FOR A LIFESTYLE & GARDEN CENTRE AT 37 GIBSON ROAD NOOSAVILLE
     That Council note the report by the Coordinator Planning to the Planning & Organisation
     Committee Meeting dated 11 October 2016 regarding Application No. MCU16/00 for a
     Development Permit for a Material Change of Use for an Undefined Use – Lifestyle and
     Garden Centre situated at 37 Gibson Road, Noosaville and:
     A.    Approve the application in accordance with the following conditions:
           PLANNING
           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 plans are listed
                 in the following table unless otherwise amended by these conditions.
           Plan No.      Rev.   Plan/Document Name                                         Date
           05.0516.1.1   -      Plan of Development prepared by Andrew McKellar Design     April 2016
           30.0813.1.2   -      First Floor Plan / roof plan prepared by Andrew McKellar   August 2013
                                Design
           30.0813.1.2   -      Elevations prepared by Andrew McKellar Design              August 2013

                                                                                     Page 10 of 18

Section 11

ORDINARY MEETING AGENDA                                                       20 OCTOBER 2016


        Nature and Extent of Approved Use
        3.    Approved sub-uses within individual tenancies on the site shall be generally in
              accordance with the following table of uses:
         Pavilion     Scheme Definition   Specific Use                                            Area

                                                                                                            2
         Pavilion 1   Retail Business      Limited to the display and sale of garden and          265m
                      Type 4 Showroom      lifestyle related goods primarily of a bulky nature
                                           including external shade systems, home products
                                           and furniture. Examples include:
                                            Furniture and furnishings-
                                               indoor/outdoor/alfresco
                                            Design and display of furniture and furnishings
                                            Outdoor related homewares
                                            Outdoor/alfresco cooking equipment/BBQ
                                            Spa and pools
                                            Garden items
                      Retail business      Limited to the display and sale of goods of a
                      Type 2 Shop &        garden and lifestyle nature including home
                      Salon                products, giftware, clothing, and health and
                                           wellbeing products and may include:
                                            Artisan pantry - specialty food items, fresh food
                                                                                         2
                                               products, herbs, etc. not exceeding 50m
                      Retail Business     The use of premises for the retail sale of landscape
                      Type 7 Garden &     and garden products and supplies and products
                      Lifestyle Centre    made by local artisans. The term includes the sale
                                          of plants, seeds, pots, gardening tools, bagged
                                          landscaping products (such as fertilisers, potting
                                          mix, mulch and stones) outdoor furniture and
                                          lighting, letterboxes, garden ornamentation, art, and
                                          literature on gardening. The premises may also be
                                          used as the sales office for swimming pools or
                                          spas. The use includes an ancillary coffee shop.
                                                        2                                               2
                      Entertainment and    Café (17m of storage and kitchen) with a               17m
                                                                           2
                      dining business –    maximum seating area of 82m
                      Type 1 food &                                                                     2
                                                                                                  82m
                      beverages
                                                                                                            2
         Pavilion 2   Commercial          Limited to home/interior and landscaping design         106m
                      Business Type 1     and wellbeing services. Examples include:
                      office               Interior/ exterior/landscape design office
                                           Relaxation tanks/Spa
                      Commercial          Limited to natural therapies. Examples include
                      Business Type 2      Health and Wellbeing products and services
                      Medical
                                           Alternative therapy clinic
                                           Naturopath/ Osteopath/ massage
                      Retail Business
                      Type 7 Garden &
                      Lifestyle Centre
                                                                                                            2
         Pavilion 3   Ground level -      Limited to the display and sale of garden and           205m
                 2
          205m        Retail Business     lifestyle related goods primarily of a bulky nature
                      Type 4 showroom     including external shade systems, home products
                                          and furniture. Examples include:
                                           Furniture and furnishings-
                                              indoor/outdoor/alfresco
                                           Outdoor/alfresco cooking equipment/BBQ
                                           Spa and pools
                                           Garden items

                                                                                    Page 11 of 18

Section 12

ORDINARY MEETING AGENDA                                                         20 OCTOBER 2016


         Pavilion      Scheme Definition    Specific Use                                            Area
                       Retail Business      Limited to the display and sale of goods of a garden
                       Type 2 Shop &        and lifestyle nature including home products,
                       Salon                giftware, clothing, and health and wellbeing
                                            product. Examples include:
                                             Homewares and outdoor related products
                                             Outdoor cooking/BBQ products
                                             Clothes shop (26m ) including garden related
                                                                    2

                                                items
                                                                                                           2
        Pavilion 3  Education Type 3        Examples include:                                       110m
        Upper Level Adult                    Cooking classes
                                             Design classes
                                             Lifestyle /wellbeing education
                       Commercial           Limited to natural therapies. Examples include:
                       Business Type 2       Alternative therapy clinic
                       Medical
                                             Naturopath/ Osteopath/ massage
                       Entertainment and    Yoga/ Pilates studio ( maximum of 17 persons)
                       dining business –
                       Type 2 Recreation,
                       amusement &
                       fitness
                                                                                                            2
             Nursery   Retail Business –    Nursery and lifestyle centre (minimum area of          1,000m
                                                  2
                       Type 7 Garden and    1000m )
                       Lifestyle Centre –
                                        2
                       minimum 1000m
        4.      The nursery use must be retained as the principal use on the site at all times
                and have a minimum use area of 1,000m2.
        5.      The total dining area for the café must not exceed 82m2, being the shaded area
                indicated on the approved plan of development.
        6.      Retail food sales (such as the artisan pantry) within Pavilion 1 must not exceed
                an area of 50m2.
        7.      Medical uses on the site must not exceed 110m2 and no more than 3 medical
                practitioners must operate from the site at any time.
        8.      Yoga/Pilates classes must not be conducted between 10am-3pm11am-2pm.
        9.      The development must not operate outside the hours of 7am to 8pm 7pm
                Sunday to Thursday and 7am-8pm Friday and Saturday.
        10.     Any advertising signage shall have a maximum 4m2 sign face area, and a
                combined sign face area projecting to the street of no more than 10m2.
        11.     All plants and goods are to be displayed on site within the property boundaries.
                There is to be no display plants and goods on the streets about the site.
        Amenity
        12.     There is to be no detrimental effect upon the amenity of the neighbourhood by
                reason of the creation of excessive noise, lighting nuisance or other emissions.
        Noise
        13.     External speakers or amplified music are not permitted.
        14.     Internal amplified music must not be audible at the property boundaries.
        15.     Refuse disposal, particularly glass bottles and the like, must be considerate of
                noise at all times.


                                                                                      Page 12 of 18

Section 13

ORDINARY MEETING AGENDA                                                     20 OCTOBER 2016


        16.   An acoustic fence must be constructed along the southern property boundary
              within 3 months of this approval taking effect. The fence is to be constructed to
              a height of 3 metres along the full length of the common boundary with Lot 2
              SP120996 and a minimum of 10m length of the eastern portion of the common
              boundary with Lot 1 SP120996. Fence materials shall be timber (ship-lapped
              palings), fibre-cement, aerated concrete (Hebel) or other material with a
              minimum density of 12.5kg/m2 with no gaps.
        17.   Noise emissions from any new mechanical equipment associated with the
              development shall comply with the following requirements:
              17.1. Air-conditioning and Refrigeration:
                        7am to 10pm: Background + 5dB(A)
                        10pm to 7am: Background + 3dB(A)
        18.   On installation of any new mechanical equipment OR if requested by Council,
              written certification must be submitted from a suitably qualified person
              confirming noise levels from any mechanical equipment comply when
              measured at either the residential boundary or outside the most exposed part of
              an affected building, whichever is the closest to the equipment.
        19.   Service vehicle movements associated with the development (including loading
              and unloading) and noise generating activities (such as leaf blowers, gurneys,
              waste removal, disposal of bottles, and the like) must not occur outside the
              hours of 7am to 6pm.
        Spill Light
        20.   Lighting associated with the use must be designed, sited, installed and tested to
              comply with Table 2.1 & 2.2 of Australian Standard AS4282-1997 “Control of
              the obtrusive effects of outdoor lighting” using a control level of 1.
        21.   Certification must be submitted to Council from a suitably qualified person*
              within 6 months of this approval taking effect which certifies that all outdoor
              lighting devices comply with AS4282-1997 and the requirements of this
              Decision Notice.    * See advisory note.
        Landscaping
        22.   The site shall be landscaped in accordance with the provisions of The Noosa
              Plan.
        Carparking
        23.   A minimum of 39 off street carparking spaces, 4 scooter parking bays and 8
              bicycle parking bays as indicated on the approved plan of development. All
              vehicles must enter and exit the site in a forward direction.
        24.   Linemarking must be completed to both the development’s carparks in
              accordance with the approved plans.
        Refuse
        25.   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.
        26.   An imperviously paved area must be provided to accommodate all refuse and
              recycling containers to the reasonable satisfaction of Council’s Environmental
              Health Officer. This area is to be aesthetically screened from any road frontage
              or adjoining property boundary and is to be set back a distance of two (2)
              metres from any road frontage. A suitable hosecock, hoses and approved
              drainage outlet to Council’s sewer, are to be located in the vicinity of the refuse
              container area for washing containers.

                                                                                 Page 13 of 18

Section 14

ORDINARY MEETING AGENDA                                                        20 OCTOBER 2016


    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.     The site has an existing development permit for a retail garden centre and café.
         2.     The development’s mix of uses is consistent with contemporary garden and
                lifestyle centres and is appropriate for the site’s location, being on a collector
                road and adjacent Noosaville’s Business Centre zone.
         3.     The development will not introduce significant negative impacts on adjoining
                residents, or the visual and residential amenity of the surrounding area.


4   FURTHER REPORT - MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL
    CHANGE OF USE FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD
    AND BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
    That Council notes the reports by the Development Planner to the Planning and
    Environment Committee Meeting dated 11 October 2016 and the General Committee
    Meeting dated 17 October 2016 regarding Application No. MCU16/0088 for a Development
    Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food &
    Beverages (restaurant) situated at 3/287 Gympie Terrace, Noosaville, and 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 plans are listed in the
         following table unless otherwise amended by these conditions.
     Plan No.             Rev.   Plan/Document Name                               Date
     WD.20                E      Proposed Floor plan, prepared by Cab Roto        04/07/16
     WD.03                       Area Plan, prepared by Cab Roto                  11/07/16
    Noise
    3.   The development must be undertaken in accordance with the recommendations of
         the Acoustic Assessment dated 3 August 2016 and Additional Information for the
         Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this
         regard, the acoustic wing walls and acoustic roof panel (if required) must be designed
         to complement the existing building and streetscape to the reasonable satisfaction of
         the chief executive officer. Prior to the installation of these works the plans must be
         submitted to Council demonstrating compliance with this condition. Certification must
         be provided by a suitably qualified person on completion of the works, certifying the
         works meet the relevant noise criteria.
    4.   External speakers or amplified music are not permitted.
    5.   Internal amplified music must be directed internally to the tenancy.
    6.   Refuse disposal, particularly glass bottles and the like, must be considerate of noise
         at all times.
    7.   The Noise Management Plan submitted with the application must be amended to
         include site specific operational measures to minimise potential noise nuisance for
         surrounding residents and a complaints management process. The Noise
         Management Plan must incorporate the recommendations of the Acoustic
         Assessment dated 3 August 2016 and Additional Information for the Acoustic

                                                                                    Page 14 of 18

Section 15

ORDINARY MEETING AGENDA                                                     20 OCTOBER 2016


          Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended
          Noise Management Plan must be submitted to Council prior to the commencement of
          the use.
    8.    Noise emissions from any new mechanical equipment associated with the
          development must comply with the following requirements:
          a.    Air-conditioning and Refrigeration
                    7am to 10pm: Background + 5dB(A)
                    10pm to 7am: Background + 3dB(A)
    9.    Written certification must be submitted from a suitably qualified person confirming
          noise levels from any new mechanical equipment comply when measured at either
          the residential boundary or outside the most exposed part of an affected building,
          whichever is the closest to the equipment.
          The assessment and certification is required immediately after installation of the
          equipment and in a format approved by Council. All equipment should be operating at
          the same time to test the overall noise level created.
    Advice: It is highly recommended the person you engage to certify the installation is
    involved prior to installation of any equipment so they can recommend where equipment is
    best located. They can also advise about noise enclosures and make other suggestions to
    avoid noise problems. It is a lot more costly to try and deal with noise problems after
    installation.
    Nature and Extent of Approved Use
    10.   The approved use must not operate outside the hours of:
          a.    6.30am to 9.30pm Monday Sunday to Thursday
          ab.   6.30am to 10.30pm Friday, Saturday and public holidays
          bc.   The outdoor dining area must not be used after 8pm until the acoustic wing
                walls are installed pursuant to the recommendations of the Acoustic
                Assessment dated 3 August 2016 and Additional Information dated 10 October
                2016 prepared by RoadPro Acoustic.
    4.    Service vehicle movements associated with the approved use (including loading and
          unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and
          not at all on Sundays or public holidays.
    5.    The use area including outdoor seating must not exceed 67m2 as indicated on the
          approved plan.
    Protection of Privacy
    6.    To ensure privacy is protected between adjoining properties, the western acoustical
          designed wing wall must be designed to maintain privacy of the neighbouring unit. In
          this regard, the wall must be either translucent glazing or a solid portion to obscure
          direct views to the western unit.
    Outdoor Lighting Devices
    7.    Light spillage from the development including advertising, security and flood lighting
          etc is designed, sited, installed, shaded and appropriately directed so as to prevent a
          nuisance to residential areas and vehicular traffic.
    Kitchen Exhaust
    8.    Kitchen exhaust points for the development must be located and operated in
          accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-
          conditioning in buildings” (specifically Section 5.10 – Air Discharges).


                                                                                  Page 15 of 18

Section 16

ORDINARY MEETING AGENDA                                                                    20 OCTOBER 2016


    9.     Certification must be submitted to council from a qualified person* prior to
           commissioning the operation of the mechanical exhaust ventilation system for the
           kitchen which certifies that the system complies with AS1668.2-2002 and the
           requirements of this Decision Notice.
    Refuse
    10.    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.


5   ADOPTION OF NOOSA PLAN AMENDMENTS
    That Council note the report by the Principal Strategic Planner to the General Committee
    dated 17 October 2016 and:
    A.     Proceed to adopt the Planning Scheme Amendments, as provided at Attachment 1 to
           the report, in accordance with the Ministerial conditions; and
    B.     Authorise changes to Table 10.3 of Council’s Charges Resolution for secondary
           dwellings, community residences and intensive cultivation uses, as provided at
           Attachment 2 (Amended) to the report.


6   COOROY MEMORIAL HALL - UPDATE REPORT
    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 life membership of Tewantin Noosa RSL sub branch. Cr Pardon believed he
    could consider this item impartially and in the public interest and therefore remained in the meeting for debate
    and decision on this matter.

    That Council note the report by the Director Community Services to the General Committee
    Meeting dated 17 October 2016 and:
    A.       Agree to accept trusteeship of the Deed of Grant in Trust (DOGIT) for Lot 1 on
             Crown Plan C56038 on which sits the Cooroy Memorial Hall (the Hall) and the
             Cooroy RSL Services and Citizens Memorial Club;
    B.       Request the CEO to undertake consultation with the Cooroy community and the
             Department of Mines and Natural Resources about possible future uses and
             management of the Cooroy Memorial Hall and then report back to Council;
    C.       Have this consultation identify:
           1.     a clear use or purpose for the land on which the Hall is located;
           2.     the local community’s ability to contribute to the repair, maintenance and
                  management of the Hall;
           3.     potential adaptive re-uses for the Hall;
           4.     the possibility of replacing the Hall with a memorial or recreational park;
           5.     the financial implications and risks of each of these options;
           6.     potential funding options for the chosen course of action.
    D.     Authorise the CEO to enter into negotiations for a thirty year lease to the Cooroy RSL
           Services and Citizens Memorial Club Inc. over part of Lot 1 on Crown Plan C56038 to
           enable the Cooroy RSL to continue its current operations.
    Cr Pardon voted for the motion.




                                                                                                  Page 16 of 18

Section 17

ORDINARY MEETING AGENDA                                                 20 OCTOBER 2016


7   ELECTRIC BUS TRIAL EXECUTION OF LEASE AGREEMENT
    That Council note the report by the Project Officer and Project Manager to the General
    Committee Meeting dated 17 October 2016 and award Contract 1516T067 Electric Bus
    Trial to AHG International Pty Ltd (AHGI) trading as Higer Bus & Coach for the lump sum
    amount of $131,200 (including GST).


8   FINANCIAL PERFORMANCE REPORT - SEPTEMBER 2016
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 17 October 2016 providing the September YTD monthly financial
    performance report for the 2016/17 financial year.


9   OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2016-17
    That Council note the report by the Chief Executive Officer to the General Committee
    Meeting dated 17 October 2016 providing an update on progress with the implementation
    of the Operational Plan to 30 September 2016 and details of Council’s Key Performance
    Indicators.



Recommendation

The General Committee recommendations dated 11 October 2016 be adopted except where
dealt with or held over by separate resolution.




                                                                             Page 17 of 18

Section 18

ORDINARY MEETING AGENDA                                               20 OCTOBER 2016


6    ORDINARY MEETING REPORTS
     Nil.




7    PETITIONS




8    CLOSED SESSION




9    NEXT MEETING

     The next Ordinary Meeting will be held on 17 November at Council Chambers, 9 Pelican
     Street Tewantin, commencing at 6pm.




10   MEETING CLOSURE




                                                                           Page 18 of 18

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