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2018-06-18 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 18 June 2018
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson,
Joe Jurisevic, Frank Pardon, Brian Stockwell, Tony Wellington
“Noosa Shire – different by nature”
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Section 2
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
ITEMS REFERRED FROM PLANNING & ENVIRONMENT COMMITTEE -
1 NOOSA BIOSPHERE RESERVE FOUNDATION - PROPOSED FUNDING DEED
(Planning & Environment Committee Agenda, 12 June 2018, Item 1, Page 3)
Reason for referral – Significance of the issue
2 MCU18/0004 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF
USE FOR ENTERTAINMENT & DINING BUSINESS - TYPE 1 (FOOD &
BEVERAGE) AT 56 MAIN STREET, KIN KIN
(Planning & Environment Committee Agenda, 12 June 2018, Item 4, Page 57)
Reason for referral – For a further report (refer to item 6)
ITEMS REFERRED FROM SERVICES & ORGANISATION COMMITTEE -
3 TREE MANAGEMENT ON PUBLIC LAND POLICY
(Services & Organisation Committee Agenda, 12 June 2018, Item 12, Page 48)
Reason for referral – For further consideration
4 COUNCIL COMMITTEE MEETINGS
(Services & Organisation Committee Agenda, 12 June 2018, Item 16, Page 86)
Reason for referral – Significance of the issue
5 UPDATE ON LIFESAVING SERVICES AT PEREGIAN BEACH
(Services & Organisation Committee Agenda, 12 June 2018, Item 18, Page 106)
Reason for referral – Significance of the issue
REPORTS DIRECT TO GENERAL COMMITTEE 3
6 FURTHER REPORT - MCU18/0004 DEVELOPMENT APPLICATION FOR A
MATERIAL CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINESS
– TYPE 1 (FOOD & BEVERAGE) AT 56 MAIN STREET, KIN KIN 3
7 COAL MINING AND COAL SEAM GAS EXTRACTION 7
CLOSED SESSION -
Page 2 of 11
Section 3
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
REPORTS DIRECT TO GENERAL COMMITTEE
6 FURTHER REPORT - MCU18/0004 DEVELOPMENT APPLICATION FOR A MATERIAL
CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINESS – TYPE 1 (FOOD &
BEVERAGE) AT 56 MAIN STREET, KIN KIN
Docum ent info rm ation
Author Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/ Application/ MCU18/0004
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 12 June 2018 and the further report to the General Committee Meeting
dated 18 June 2018 regarding Application No. MCU18/0004 for a Development Permit for
Material Change of Use for an Entertainment & Dining Business - Type 1 (Food & Beverage)
situated at 56 Main St, Kin Kin and:
A. Approve the application and a mobile post office in accordance with the following
conditions:
When Conditions must be complied with
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plan
2. Development undertaken in accordance with this approval must generally comply
with the approved plan of development. The approved plan is listed in the following
table and may be further amended by these conditions.
Plan No. Rev. Plan/Document Name Date
Job number 15005 A1 C SITE PLAN 30.07.2017
Job number 15005 A2 C FLOOR PLAN 30.07.2017
Job number 15005 A3 C ELEVATIONS AND SECTION PLAN 30.07.2017
Amended plans
3. Prior to the issue of a Development Permit for Building Works amended plans must
be submitted to Council providing details of the finishes and materials of the shipping
container, link-way and barn. The plans must demonstrate that buildings and other
structures use materials and finishes that complement the village character of Kin Kin
and integrate with the surrounding natural landscape and include the following as a
minimum:
a. Link-way and barn uprights to be constructed of timber;
b. Link-way and barn roofs to be of a colour and material consistent with the rural
character of the locality;
Page 3 of 11
Section 4
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
c. The exterior finish of the shipping container must be painted in muted tones or
clad in a muted material.
The appearance of all structures, including the shipping container, must be
maintained at all times.
Nature and Extent of Approved Use
4. The use of new undercover dining area must not operate outside of the hours 7am –
10pm and be used a maximum of three days per week.
5. Patrons in the new undercover dining area must not exceed 60 persons.
6. Patrons on the existing deck dining area must not exceed 40 persons.
7. The new undercover dining and link-way areas must be in accordance with the
approved plan, with no more than 192m2 used for dining.
8. Service vehicle movements associated with the approved use (including loading and
unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday, and
not at all on Sundays or public holidays.
Noise
9. External speakers or amplified music are not permitted.
10. Refuse disposal, particularly glass bottles and the like, must be considerate of noise
at all times.
11. Management must ensure patrons leave the premises and street frontage promptly
after nightly closing time and do not mingle or otherwise cause noise nuisance.
12. Noise emissions from any new air-conditioning and refrigeration equipment
associated with the development shall comply with the following requirements:
a. 7am to 10pm: Background + 5dB(A)
b. 10pm to 7am: Background + 3dB(A)
WASTE
Waste Disposal
13. The developer must provide waste storage and disposal facilities in accordance with
Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial
and Industrial Premises”. The facilities must include an external impervious area
correctly sized for all refuse and recycling containers and suitably screened from
public places and neighbouring properties. A bin wash area is required with a cold-
water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system. This
can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max
0.5m²), or alternatively the waste area can be roofed, or any other design approved
by Council.
14. Refuse containers must be provided in accordance with the requirements of the
Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
Regulation 2000, for the storage and collection of refuse.
15. Public bins must be provided to reduce littering. All bins provided must be for refuse
and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
16. Sealed access driveways must be maintained from Main Street to all parking and
manoeuvring areas of the development.
Page 4 of 11
Section 5
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
Car Parking
17. A minimum of 5 car parking spaces must be provided and marked on the site and
made available and accessible at all times while the use is open for business. The
carparking must include in particular:
a. provision of vandal resistant public lighting with intensities to satisfy the
requirements of Australian Standard AS1158: Public Lighting Code
b. 1 disabled parking space/s within the total
c. dimensions, crossfalls and gradients in accordance with the relevant Australian
Standard (AS/NZS2890.1:2004 for staff and customers, AS/NZS2890.6:2009 for
people with disabilities).
18. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
19. Stormwater runoff from the development must be disposed of on-site without causing
scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
20. All earthworks and associated batters must be contained entirely within the subject
site unless written permission from the respective landowner(s) is provided to
Council. All earthworks must be undertaken in accordance with the provisions of
Australian Standard AS3798: Guidelines on Earthworks for Commercial and
Residential Developments.
Damage to Services and Assets
21. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the
development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
B. Agree to reduce the Infrastructure Charge payable for the proposed development to
$17,472 based on the approved operating days as conditioned.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
This report has been prepared in response to questions raised at the Planning and Environment
Committee Meeting held on 12 June 2018 regarding the appearance of the proposed barn
structure and shipping container.
Specifically Councillors requested additional details regarding the external appearance of the
shipping container, colour of the barn roof and confirmation that the barn uprights will be timber.
Since the Committee meeting numerous attempts were made to contact the applicant by both
phone and email to clarify the proposed finishes but officers have been unable to contact the
applicant.
Page 5 of 11
Section 6
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
Accordingly, in order to preserve the rural character of the locality it is recommended that an
additional condition be applied to ensure the proposed finishes of the barn and the shipping
container are consistent with the village character of Kin Kin and The Noosa Plan provisions. The
condition will require that amended plans are provided to Council prior to the issue of a building
permit. It is recommended that the new condition be inserted as Condition 3 with subsequent
renumbering of conditions.
During the preparation of this report it has also been identified that the recommendation does not
make reference to the reduced infrastructure charges and it is appropriate that this be reflected in
Council’s decision where agreed (refer to item B of the report recommendation).
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 6 of 11
Section 7
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
7 COAL MINING AND COAL SEAM GAS EXTRACTION
Docum ent info rm ation
Author Director Environment & Sustainable Development, Kim Rawlings
Environment & Sustainable Development Department
Index ECM/ Subject/ Environmental Management
Attachments Nil
EXECUTIVE SUMMARY
This report seeks to provide Council with the planning and legislative context surrounding
resource activities, specifically coal exploration and mining and coal seam gas extraction. It
proposes Council establish a clear policy statement on its position with regard to coal mining,
coal exploration and coal seam gas extraction in the Shire.
RECOMMENDATION
That Council note the report by the Director Environment & Sustainable Development to the
General Committee Meeting dated 18 June 2018 and
A. Endorse the following statement as the basis for Council’s policy position on coal mining,
coal exploration and coal seam gas extraction:
Noosa Council does not support any further applications for permits for coal exploration,
coal mining, coal seam gas exploration or coal seam gas production within the Shire based
on Council’s significant concerns regarding associated environmental and social impacts
and the incompatibility of such activities with Noosa’s natural assets and lifestyle, and
B. Include its policy position within the new Noosa Plan strategic framework.
REPORT
1. Background
Two existing mining exploration licenses exist across the northern edge of the Noosa shire.
These exploration permits are Exploration Permit for Coal EPC 2556 and EPC 2598. As can be
seen on Map below EPC 2598 is largely contained within Gympie Regional Council area,
however it crosses the local government border in a small section at Noosa Shire’s northern most
extent.
Page 7 of 11
Section 8
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
Map 1
The main exploratory permit for Coal (EPC 2556) extends from Cooran northwards across a
large section of Noosa Shire. EPC 2556 was granted in November 2013 prior to de-
amalgamation and was issued by the State Government and the relevant authority for mining
permits. EPC 2556 allows the permit holder to carry out coal exploration by way of prospecting,
surveying, drilling for samples etc. This permit is not for coal seam gas exploration which is
governed by a different State Act. The permit is also not for production.
The permit holder of EPC 2556 is currently Coal Stream P/L, a Perth-based company. The permit
expires in November 2018. It is unknown at this point whether the permit will be extended. The
permit is for exploration only and if there was a request to move to production, an application
would need to be made to the State Government for a mining lease under the Mineral Resources
Act 1989, as production cannot be undertaken under an exploration permit. In addition to this, an
Environmental Authority as mining production and/or coal seam gas extraction (as an
Environmental Relevant Activity) would also be required under the Environment Protection Act
1994.
Page 8 of 11
Section 9
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
2. Planning and Legislative Context
Development proposals for extractive industries (e.g. a quarry) are regulated and assessed
under the provisions of the Noosa planning scheme and Council is the assessment manager.
However, coal, minerals, petroleum and gas (including coal seam gas) resources are the
property of the Queensland State Government. The approval processes for exploration and
development of these resources, including the issuing of mining leases, is governed and decided
by the State Government in accordance with its resources legislation, the Mineral Resources Act
1989, Mineral Resources Regulation 2013 and Petroleum and Gas Act 2004. Mining and
resource activities are considered Environmental Relevant Activities and also require an
Environmental Authority under the Environment Protection Act 1994. In some cases, where there
may be an impact on a water resource, approval may also be required under Federal legislation
being the Environment Protection Biodiversity Conservation Act 1999. These activities are highly
regulated by State and Federal legislation and are not suitable in many areas as identified in the
Regional Planning Interests Act 2014.
Under the State’s Regional Planning Interests (RPI) Act 2014, areas of regional interest are
identified. All of the Noosa Shire is within an area of Regional interest known as a Priority Living
Area (PLA). A Priority Living Area is an area that includes existing settled areas for living and is
primarily protected for these purposes. Importantly the RPI Act generally restricts the carrying out
of resource activities in Priority Living Areas. This Act also requires that, should an application for
a resource activity such as a mining lease application be made to the State, it must be referred to
the Council as an ‘Assessing Agency.
Assessing agencies are prescribed in the RPI Regulation and differ depending on the area of
regional interest that the activity is located and the impact the activity will have on the area of
regional interest.
For an activity in a Priority Living Area, the assessing agency is the relevant local government.
The local government has to assess the expected impact of a proposed resource activity on:
(a) the opportunity to protect and enhance the land for urban development; and
(b) the amenity of, and the community in, the priority living area.
If an application for resource activity was to be made within the priority living area, land owners of
properties which are the subject of the application under the RPI Act would receive a copy of the
application. All interested parties, including landholders, could have a say on the application.
The applicant would have to give public notice of the application and the notification period is at
least 15 business days.
But while Council “assesses” any application for a resource activity, only the Chief Executive
administering the RPI Act can decide applications. The Chief Executive would need to take into
account the local government’s assessment and recommendation.
Noosa Council does not currently have a formal policy position on coal exploration, coal mining
or coal seam gas extraction. Nor are there any direct statements of intent relating to these
matters in the Noosa Plan.
Given there is some potential for EPC 2556 to be extended, it is considered appropriate and
prudent for Noosa Council to indicate its policy position on resource activities, specifically coal
exploration, coal mining and coal seam gas exploration and extraction.
Page 9 of 11
Section 10
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
3. Considerations
Noosa Council has a long and proud history of environmental protection and the sustainable
management of its natural assets. This includes the Shire's scenic landscapes, clean waterways,
fertile soils, extensive biodiversity and open space, as well as the prosperity and lifestyle
associated with those natural assets.
Despite the potential economic contribution of coal exploration, coal mining and coal seam gas
extraction, the associated significant environmental and social impacts would potentially be
unacceptable. Further, such impacts would be incompatible with the environmental, agricultural
and recreational values of the Shire. Indeed, such activities would arguably undermine the Noosa
"brand" and thus have a detrimental impact on the broader local economy that could outweigh
any direct economic benefits.
It is widely documented that the extraction of coal seam gas can have significant impacts on
ground water resources, underground aquifers, productive agricultural land, biodiversity and
vegetation, as well as impact on local communities.
It is acknowledged that a number of exploration permits for coal exist over a proportion of the
northern section of the Shire, however it is recommended that Council takes a clear and strong
position to refuse to support any further applications for permits for coal exploration, coal mining
or coal seam gas exploration or production in the Shire based on its significant concerns
regarding associated environmental impacts and incompatibility with Noosa’s natural assets and
lifestyle.
It is further proposed that Council include a statement within the Strategic Framework of the New
Noosa Plan along the following lines:
Noosa Shire’s community seeks a strong and innovative economy which is buoyed by growth in
smart industry sectors that have high economic value and low environmental impact. This
approach seeks to protect the natural environment as well as the living amenity on which the
Noosa lifestyle is dependent. Accordingly, best practice environmental management is expected
of any resource extraction and only resources such as sand, clay and gravel, which support local
construction and infrastructure delivery, are extracted. Resource activities such as extraction of
natural gas or petroleum (including coal seam gas) as well as coal mining have the potential for
considerable impact on the natural environment and on the amenity of the area in which they are
located. In the absence of evidence that benefits would outweigh negative consequences on the
lifestyle of residents and visitors, these uses are not supported in Noosa Shire.
Previous Council Consideration
Noosa Council have not formally considered its position on coal mining or coal seam gas
previously.
Finance
There are no direct financial implications of this report.
Risks & Opportunities
It is possible that application could be made for new resource exploration or production permits
or for the extension to existing exploratory permits. If that occurred Council would find itself in a
position of needing to assess such an application and consider whether the proposal would
impact on the amenity of or the community within Noosa Shire as required under the Regional
Planning Interest Act 2014. It is recommended that Council determine and document a policy
position on this matter before any such application is made.
It is important to note that no new applications have been made recently. To date only two
exploration permits exist in the shire, one of which is due to expire in November 2018.
Page 10 of 11
Section 11
GENERAL COMMITTEE MEETING AGENDA 18 JUNE 2018
Consultation
External Consultation - Community & Stakeholder
Nil, however Council has been approached by the Cooran Earth rights group calling for Council
to establish a policy position on these matters.
Internal Consultation
Strategic Planning
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
X Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 11 of 11