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2019-04-15 General Committee Meeting Notes

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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          15 APRIL 2019


GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES
15 APRIL 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington


1    MCU19/0016 – DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE,
     DETACHED HOUSE SEAWARD OF THE COASTAL BUILDING LINE, LOCATED AT 54
     SEAVIEW TERRACE, SUNSHINE BEACH
     Committee Recommendation
     Moved:           Cr Stockwell
     Seconded:        Cr Wellington
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 9 April 2019 regarding Application No. MCU19/0016 for a
     Development Application for Material Change of Use for a Detached House seaward of the
     coastal building line, situated at 54 Seaview Terrace, Sunshine Beach and:
     A.   Refuse Application No. MCU19/0016 for the following reasons:
          1.     The proposal is in conflict with the assessment benchmarks of the State Planning
                 Policy as it proposes development in an Erosion Prone Area and Natural Hazard
                 Area and presents an unacceptable risk to people and property from coastal
                 processes, including the projected impacts of climate change.
          2.     The proposal is contrary to the provisions of the Planning Scheme in that it
                 proposes development:
                 a.   in the Landslide Hazard Area thereby placing people and property at risk
                      and does not maintain the natural processes and protection function of land
                      forms and vegetation contrary to the provisions of the Natural Hazards
                      Overlay Code.
                 b.   in the Coastal Protection Area extending seaward of the Coastal Building
                      Line and is likely to adversely impact upon natural coastal processes
                      contrary to the requirements of the Natural Resources Code.
                 c.   which does not protect the dunal area and natural environmental nor
                      maintain the safety of people and works contrary to the Overall Outcomes
                      for the Eastern Beaches Locality.
          3.     The proposal is contrary to the provisions of the draft Planning Scheme in that it
                 proposes development:
                 a.   in the Coastal Protection Area extending seaward of the Coastal Building
                      line and does not allow for natural fluctuations of the coast and foreshore
                      to occur, including allowance of climate change.
                 b.   which has not been sited to minimise the risk from coastal processes as
                      the development has not been located as far landward as practicable to
                      ensure people and property are not at risk from coastal hazards and avoid
                      the need for additional coastal protection works.
          3.4. Recent modelling carried out by the Council indicates significant erosion is likely
               to occur in the future which may threaten life and property should the proposed
               development proceed.


                                                                                      Page 1 of 6
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Section 2

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                           15 APRIL 2019


           4.5. Given the site is affected by the Coastal Building Line and is located in a highly
                vulnerable erosion prone area, the proposed 6m setback is not sufficient to
                minimise the risk of erosion.
     B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                           Carried.

The meeting adjourned at 11.23am
The meeting resumed at 11.29am


2    OPW19/0046 – DEVELOPMENT APPLICATION FOR OPERATIONAL                                 WORKS
     (ADVERTISING DEVICE) SITUATED AT 1/100 RENE STREET, NOOSAVILLE
     Committee Recommendation
     Moved:            Cr Wellington
     Seconded:         Cr Glasgow
     That Council note the report by the Contract Planner to the Planning & Environment
     Committee Meeting dated 9 April 2019 regarding Application No. OPW19/0046 for a
     Development Permit for Operational Works - Signage, situated at Noosa Metro Innovation
     Park, 1/100 Rene Street, Noosaville and:
     A.    Refuse the application for the following reasons:
           1.    The application proposes an Advertising Device in the form of a Wall Sign in
                 excess of 4m2 signface area which is inconsistent with:
                 i.    Overall Outcomes of The Noosa Plan’s Advertising Devices Code, being
                       that:
                             The proposed advertising device does not complement and detracts
                             from the desirable characteristics of the natural and built environment
                             in which the advertising devices are exhibited;
                             The proposed advertising device is not designed and integrated into
                             the built form so as to minimise visual clutter;
                             The proposed Advertising Device exceeds the legitimate need to
                             provide directions and business identification in a manner that is
                             consistent with achieving the codes overall outcomes; and
                             Signs with a signface area exceeding 4m² are not located in Noosa
                             Shire.
                 ii.   Specific Outcomes of The Noosa Plan’s Advertising Devices Code, being
                       that:
                             Signs with a signface area exceeding 4m² are inconsistent with the
                             overall outcomes sought by this Code and are not located in Noosa
                             Shire;
                             The proposed sign is not compatible with the existing and future
                             planned character of the locality in which it is situated;




                                                                                       Page 2 of 6

Section 3

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                                 15 APRIL 2019


                               The proposed sign is not designed, sited and integrated to not
                               contribute to the proliferation of visual clutter and to not unduly
                               dominate the visual landscape; and
                               The proposed sign is not of a scale, proportion and form that is
                               appropriate to the streetscape in which it is located.
                  iii.   Probable Solutions of The Noosa Plan’s Advertising Devices Code, being
                         that:
                               Advertising devices do not include signs with a signface area
                               exceeding the Acceptable Solutions of this Code or 4m², whichever
                               is the lessor; and
                               General design and amenity complies with the specific requirements
                               for all types of advertising devices, including a Wall Sign, do not
                               exceed a maximum signface area of 4m².
     B.     With regard to the other existing Window Sign advise the applicant to:
            1.    Make the Window Sign compliant with the Advertising Devices Code’s
                  Acceptable Solutions; or
            2.    Remove the Window Sign; or
            3.    Lodge a development application seeking approval for the Window Sign.
     C.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                                 Carried.

Committee Recommendation
Moved:            Cr Stockwell
Seconded:         Cr Wellington
That agenda item 3 be held over to be dealt with as the last item on the agenda during the
confidential session.
                                                                                                 Carried.




4    NOOSA NORTH SHORE FERRY SERVICE REVIEW AND LEASE EXTENSION
     Cr Pardon declared a real conflict of interest in this matter (as defined in section 175D of the Local
     Government Act 2009) due to his residency of the Noosa North Shore and therefore his frequent use
     of the Noosa North Shore Ferry. Cr Pardon left the meeting room for the debate and decision on this
     matter.
     Committee Recommendation
     Moved:              Cr Wellington
     Seconded:           Cr Stockwell
     That Council note the report by the Property Advisor to the Services & Organisation
     Committee Meeting dated 9 April 2019 and defer consideration of this matter to the Ordinary
     Meeting of 18 April 2019.:
     A.     Agree to extend the existing ferry lease for 5 years from 1 July 2019 to 30 June 2024;

                                                                                             Page 3 of 6

Section 4

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         15 APRIL 2019


    B.    Request staff further investigate opportunities for a simplified concession system, as
          outlined in the report;
    C.    Note that opportunities for digital technology introduction will continue to be explored
          but any material changes to service levels are to be addressed in a future tender
          process.
                                                                                         Carried.
    Cr Pardon returned to the meeting.




5   DRAFT EVENTS POLICY FOR NOOSA SHIRE
    Committee Recommendation
    Moved:            Cr Jackson
    Seconded:         Cr Jurisevic
    That Council note the report by the Property Advisor to the General Committee Meeting dated
    15 April 2019 regarding the Draft Events Policy for Noosa Shire and agree to adopt the Draft
    Policy (provided as Attachment 1 to the report) for the purpose of proceeding to community
    consultation.
                                                                                       Carried.



6   BOREEN POINT CAMPGROUND MANAGEMENT SERVICES CONTRACT - TENDER
    1819T047
    Committee Recommendation
    Moved:            Cr Stockwell
    Seconded:         Cr Pardon
    That Council note the report by the Property Manager to the General Committee Meeting
    dated 15 April 2019 and:
    A.    Award contract 1819T047 to 1Eight Pty Ltd for the Boreen Point Management Services
          Contract for an initial three (3) year period commencing 1 May 2019; and
    B.    Authorise the Chief Executive Officer to exercise future options to extend the contract
          for a further 2 x 1 year periods subject to satisfactory performance at Council’s sole
          discretion.
                                                                                        Carried.




                                                                                     Page 4 of 6

Section 5

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                      15 APRIL 2019


7   COMMERCIAL HIGH USE PERMIT APPLICATION - RYDE GREEN PTY LTD
    (NEON RIDE)
    Committee Recommendation
    Moved:           Cr Jackson
    Seconded:        Cr Wellington
    That Council note the report by the Property Manager to the General Committee Meeting
    dated 15 April 2019 regarding the application from Neon Ride for a Commercial High Use
    Permit; and
    A.   Refuse the Commercial High Use Permit application from Ryde Green Pty Ltd (Neon
         Ride); and
    B.   Refuse any application received from electric scooter businesses or any other shared
         mobility device business seeking to operate on Council controlled community land until
         the risks associated with identified issues in other local government areas have been
         comprehensively assessed by Council and an appropriate evidence based
         management strategy has been developed in response to manage those issues
         (detailed as Option 2 in the report) and community consultation carried out before any
         final approval of the management strategy by Council.
                                                                                       Carried.


8   BUDGET REVIEW 3 (BR3) FOR THE 2018-19 FINANCIAL YEAR
    Committee Recommendation
    Moved:           Cr Jackson
    Seconded:        Cr Glasgow
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 15 April 2019 and approve the proposed changes to the budget for the
    2018/19 financial year as outlined in the Revised Budget Financial Statements attached to
    the report.
                                                                                     Carried.


9   FINANCIAL PERFORMANCE REPORT - MARCH 2019
    Committee Recommendation
    Moved:           Cr Glasgow
    Seconded:        Cr Jurisevic
    That Council note the report by the Manager Financial Services to the General Committee
    Meeting dated 15 April 2019 outlining March 2019 year to date financial performance against
    budget.
                                                                                      Carried.




                                                                                   Page 5 of 6

Section 6

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                          15 APRIL 2019


CLOSURE OF THE MEETING TO THE PUBLIC

Committee Recommendation
Moved:           Cr Wellington
Seconded:        Cr Pardon
That the meeting be closed to the public pursuant to section 275(1)(e) of the Local Government
Regulation 2012 for the purpose of discussing Item 3 – Environment Levy Potential Land
Acquisition – Lot 3 RP186809.
                                                                                          Carried.

RE-OPENING OF THE MEETING TO THE PUBLIC

Committee Recommendation
Moved:            Cr Stockwell
Seconded:         Cr Wellington
That the meeting be re-opened to the public.
                                                                                          Carried.


3    ENVIRONMENT LEVY POTENTIAL
     LAND ACQUISITION – LOT 3 RP186809
     Committee Recommendation
     Moved:            Cr Wilkie
     Seconded:         Cr Pardon
     That Council note the report by the Principal Environment Officer to the Planning &
     Environment Committee Meeting dated 9 April 2019 and:
     A.     Authorise the Chief Executive Officer to negotiate the purchase of Lot 3 RP186809
            based on up to the valuation obtained by Council; and
     B.     Remove the confidentiality in relation to this report upon the signing of a contract to
            purchase Lot 3 RP186809.
                                                                                          Carried.




                                                                                      Page 6 of 6

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