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2014-06-26 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 26 June 2014
commencing at 6pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Noel Playford (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Tony Wellington, Frank Wilkie
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Section 2
ORDINARY MEETING AGENDA 26 JUNE 2014
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
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS ......................... 4
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS .............................. 8
GENERAL COMMITTEE RECOMMENDATIONS ............................................................. 29
6 ORDINARY MEETING REPORTS .................................................................................... 31
1. ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
PERMITS (1313E012) – FURTHER REPORT .......................................................... 31
7 PETITIONS ....................................................................................................................... 34
8 CLOSED SESSION ............................................................................................... 34
9 NEXT MEETING ............................................................................................................... 34
10 MEETING CLOSURE ....................................................................................................... 34
Page 2 of 34
Section 3
ORDINARY MEETING AGENDA 26 JUNE 2014
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 29 May, 2014 be received and confirmed.
The Minutes of the Special Meeting held on 18 June, 2014 be received and confirmed.
3 MAYORAL MINUTES
Nil.
4 NOTIFIED MOTIONS
Nil.
Page 3 of 34
Section 4
ORDINARY MEETING AGENDA 26 JUNE 2014
5 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
INFRASTRUCTURE & SERVICES COMMITTEE RECOMMENDATIONS
17 JUNE 2014 - Crs Sandy Bolton (Chair), Noel Playford, Bob Abbot, Frank Pardon
Other Councillors in Attendance: Cr Tony Wellington, Cr Joe Jurisevic
1 SUNSHINE COAST COUNCIL POLICY MEMORIALS AND PLAQUES
That Council note the report by the Business Support Officer to the Infrastructure &
Services Committee Meeting dated 17 June 2014 and repeal the Memorials and Plaques
Policy that transferred to the Noosa Council from the Sunshine Coast Regional Council
under the Local Government (De-amalgamation Implementation)Regulation.
2 NAMING REQUEST, ROOM AT COOROY LIBRARY
That Council note the report by the Business Support Officer to the Infrastructure &
Services Committee Meeting dated 17 June 2014; and defer consideration of this matter to
allow staff to investigate alternative recognition options for families with an historical
connection to the Lower Mill Site for consideration by Council.
A. Endorse the naming of the public room at Cooroy Library, commonly known as the
Heritage Room, as “The Fenwick Room”; and
B.. Request Community Services staff develop options and seek funding for a series of
interpretive panels to be placed near the Fenwick Room depicting the Fenwick
family’s connection to the mill and the site’s early history.
3 NOOSA COUNCIL TRAFFIC ADVISORY & SPEED MANAGEMENT COMMITTEE
That Council note the report by the Team Leader, Transport Infrastructure Management to
the Infrastructure & Services Committee Meeting dated 17 June 2014, and:
A. Note the minutes of the Noosa Traffic Advisory and Speed Management Committee
held on 15 May 2014; and
B. Undertake the development of a policy to manage Segway use on road reserves and
public land.
4 ROAD SAFETY AUDIT, CREEK ROAD, NOOSAVILLE
That Council note the report by the Team Leader, Transport Infrastructure Management to
the Infrastructure & Services Committee Meeting dated 17 June 2014 and undertake the
suggested high priority improvements as detailed in Table 3.1 of the Matrix Traffic
Consulting Audit Report as set out in Attachment 1 of the report by the Team Leader,
Transport Infrastructure Management.
5 REPEAL OF TRANSPORT LEVY POLICY
That Council note the report by the Design Services Manager to the Infrastructure &
Services Committee Meeting dated 17 June 2014 and repeal the Public Transport Levy
Policy that transferred to the Noosa Council from the Sunshine Coast Regional Council
under the Local Government (De-amalgamation Implementation) Regulation.
Page 4 of 34
Section 5
ORDINARY MEETING AGENDA 26 JUNE 2014
6 REPEAL OF COUNCILLOR EMERGENT CAPITAL WORKS & MINOR OPERATIONAL
WORKS POLICY
That Council note the report by the Manager Asset Planning to the Infrastructure &
Services Committee Meeting dated 17 June 2014 and repeal the Councillor Emergent
Capital Works & Minor Operational Works Policy that transferred to the Noosa Council from
the Sunshine Coast Regional Council under the Local Government (De-amalgamation
Implementation)Regulation.
7 CAPITAL PROGRAM DELIVERY STATUS - JUNE 2014
That Council note the report by the Asset Planning Manager to the Infrastructure &
Services Committee Meeting dated 17 June 2014 providing an update on the status of the
projects within the 2013/14 Capital Works Program.
8 PAVEMENT MARKING SERVICES TENDER ASSESSMENT (1314T004)
That Council note the report by the Civil Operations Manager to the Infrastructure &
Services Committee Meeting dated 17 June 2014 and:
A. Award contract 1314T004 for Pavement Marking Services to Cook Family Holdings
Pty Ltd as trustee for The Cook Family Trust t/as Suncoast Roadmarking for a two (2)
year period commencing 1 July 2014 and expiring on 30 June 2016 and,
B. Authorise the exercise of the option to extend the contract for a further twelve (12)
months, subject to:
1. Satisfactory performance by the contractor during the previous contract period;
and
2. Review of the contractor’s proposed rates for the subsequent 12 month period
which is to be undertaken at least two (2) months prior to the end of the
contract period.; and
3. Infrastructure & Services Committee approval as least one (1) month prior to
expiry of the contract period.
9 TRAFFIC CONTROL SERVICES TENDER ASSESSMENT (1314T006)
That Council note the report by the Civil Operations Manager to the Infrastructure &
Services Committee Meeting dated 17 June 2014 and:
A. Award Contract 1314T006 for Traffic Control Services to Aaction Traffic Control Pty
Ltd for a two (2) year period commencing 1 July 2014 and expiring on 30 June 2016;
and
B. Authorise the exercise of the option to extend the contract for a further period of up to
twelve (12) months, subject to:
1. Satisfactory performance by the contractor during the previous contract period;
2. Review of the contractor’s proposed rates for the subsequent 12 month period
which is to be undertaken at least two (2) months prior to the end of the contract
period; and
3. Infrastructure & Services Committee approval at least one (1) month prior to
expiry of the contract period.
Page 5 of 34
Section 6
ORDINARY MEETING AGENDA 26 JUNE 2014
10 REPEAL OF ENVIRONMENT LEVY POLICY
That Council note the report by the Coordinator Environmental Services to the
Infrastructure & Services Committee Meeting dated 17 June 2014 and repeal the
Environment Levy Policy that transferred to the Noosa Council from the Sunshine Coast
Council under the Local Government (De-amalgamation Implementation) Regulation.
11 WALLACE PARK FLYING FOXES
That Council note the report by the Environment Officer to the Infrastructure & Services
Committee Meeting dated 17 June 2014 and:
A. Continue to monitor the flying fox population and provide information to residents on
request as outlined in Option 1; and
B. Resolve to undertake flying fox non-dispersal mitigation actions as outlined in Option
2A.
12 LOCAL AREA PEST MANAGEMENT PLAN
That Council note the report by the Environment Officer to the Infrastructure & Services
Committee Meeting dated 17 June 2014 and resolve to develop a Noosa Local
Government Area Pest Management Plan 2014-2018 for Council consideration as outlined
in Option 2 of the report.
13 PEST SURVEY PROGRAM 2014 - 2015
That Council note the report by the Manager Waste and Environmental Health to the
Infrastructure and Services Committee Meeting dated 17 June 2014 approve the following
Pest Survey Programs for the Noosa Council region in accordance with section 241 of the
Land Protection (Pest and Stock Route Management) Act 2002:
1. Survey Program 1 - 01/07/14 to 30/09/14 for the localities of Cooroy, Cooroy
Mountain, Tinbeerwah, Cooroibah and that part of Doonan that is within the Noosa
Council boundary;
2. Survey Program 2 - 01/10/14 to 31/12/14 for the localities of Black Mountain, Federal,
and those parts of Ridgewood and Eerwah Vale that are within the Noosa Council
boundary;
3. Survey Program 3 - 01/01/15 to 31/03/15 for the localities of Kin Kin, Pinbarren,
Cooran and that part of Como that is within the Noosa Council boundary; and
4. Survey Program 4 - 01/04/15 to 30/06/15 for the localities of Pomona, Lake
MacDonald, Ringtail Creek, Cootharaba, Noosa North Shore and Boreen Point.
Page 6 of 34
Section 7
ORDINARY MEETING AGENDA 26 JUNE 2014
14 SUPPORT FOR RSPCA DESEXING CAMPAIGN
That Council note the report by the Disaster Management & Public Order Manager to the
Infrastructure & Services Committee Meeting dated 17 June 2014 and request the Chief
Executive Officer to authorise payment of $12,000 to the RSPCA to support the
de-sexing and microchip campaign.
Recommendation
The Infrastructure & Services Committee recommendations dated 17 June, 2014 be adopted
except where dealt with or held over by separate resolution.
Page 7 of 34
Section 8
ORDINARY MEETING AGENDA 26 JUNE 2014
PLANNING & ORGANISATION COMMITTEE RECOMMENDATIONS
17 JUNE 2014 - Crs Frank Wilkie (Chair), Noel Playford, Joe Jurisevic, Tony Wellington
Other Councillors in attendance: Nil.
1 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING TYPE 4 - CONVENTIONAL AND VISITOR ACCOMMODATION TYPE 4 -
CONVENTIONAL - MCU14/0008
That Council note the report by the Planning Technical Officer regarding Application No.
MCU14/0008 for a Development Permit for a Material Change of Use for Multiple Housing
Type 4 – Conventional and Visitor Accommodation Type 4 – Conventional situated at 226
David Low Way, Peregian Beach 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 authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below, unless otherwise amended
by the conditions of approval.
Plan No. Rev. Plan Name, prepared by Date
A.01.1 K Site Plan, prepared by Hinton Steel Frames 20-03-14
A.01.2 G Renders, prepared by Hinton Steel Frames 20-03-14
A.01.3 G Renders, prepared by Hinton Steel Frames 20-03-14
Units 1, 2 & 3
Perspectives - Units 1, 2,& 3, prepared by N.D
Hinton Steel Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Units 4 & 5
Perspectives - Units 4 & 5, prepared by Hinton N.D
Steel Frames
A.01.2 I Ground Floor, prepared by Hinton Steel Frames 20-03-14
Page 8 of 34
Section 9
ORDINARY MEETING AGENDA 26 JUNE 2014
A.01.3 I First Floor (annotated), prepared by Hinton Steel 20-03-14
Frames
A.01.4 I Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 I Elevations, prepared by Hinton Steel Frames 20-03-14
Units 6 & 7
Perspectives - Units 6 & 7, prepared by Hinton N.D
Steel Frames
A.01.2 H Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 H First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 H Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 H Elevations, prepared by Hinton Steel Frames 20-03-14
Units 8 & 9
Perspectives - Units 8 & 9, prepared by Hinton N.D
Steel Frames
A.01.2 J Ground Floor, prepared by Hinton Steel Frames 20-03-14
A.01.3 J First Floor, prepared by Hinton Steel Frames 20-03-14
A.01.4 J Elevations, prepared by Hinton Steel Frames 20-03-14
A.01.5 J Elevations, prepared by Hinton Steel Frames 20-03-14
Building Height
3. The maximum height of the development must not exceed 8 metres above the
finished ground level and the natural ground surface and 2 storeys.
4. Certification must be submitted to Council from a Licensed Surveyor which
certifies that the buildings do not exceed the maximum height requirement of
this Decision Notice.
Performance Bond
5. Security in the form of a cash bond or trading bank guarantee to the sum of
$10,000 must be submitted to Council, to secure performance of all conditions
of this approval, prior to the issue of a Development Permit for Operational
Works The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in
respect of enforcing performance of this permit. Council reserves the right to
call upon the bond or guaranteed sum to effect compliance with conditions.
Street Identification
6. The street address of the development must be clearly visible and discernible
from the primary frontage of the site by the provision of a street number and,
where appropriate, the building name.
Page 9 of 34
Section 10
ORDINARY MEETING AGENDA 26 JUNE 2014
Building Appearance
7. All air conditioning units or other mechanical equipment must be located at
ground level, or otherwise fully enclosed or screened such that they are not
visible from the street frontages nor adjoining properties.
8. All deck and balcony areas above ground floor must not be enclosed by
permanent fixtures such as shutters, louvres, glass panelling or the like.
Internal design
9. Each unit must have a maximum of 1 bedroom. In this regard the wall between
the kitchen and the adjoining room (containing the WC) must remain at half
height.
Fencing and Walls
10. Any street fencing must be set back an average of 1 metre from the front
property boundary. Any fencing on the front boundary must either:
(a) not exceed a maximum height of 1.2m except for the block fence to the
east and north sides of the Energex transformer easement
(b) be of open construction.
11. The area of land between the fence and the front property boundary must be
densely landscaped to screen any fencing and the development from the street.
Clothes Drying and Storage Areas
12. Each dwelling unit must be provided with storage facilities pursuant to the
Noosa Plan and to the satisfaction of Council. In this regard, an amended plan
must be submitted as part of the operational works application.
Community Management Statement
13. Any proposed Community Management Statement required for the
development pursuant to the Body Corporate and Community Management Act
1997 must be submitted to Council for endorsement at the same time as
submission of the Building Format Plan (or similar) to Council for compliance
assessment.
Landscaping Works
14. The development site must be landscaped*. The works must be undertaken in
accordance with an Operational Works approval and Planning Scheme Policy
PSP 3 Landscaping Plants and Guidelines and must include in particular:
(a) to the north of the driveway, a minimum of a 1 metre wide landscaped
garden must be provided along the front boundary within the site
excluding the bioretention basin. This may narrow only at the south end of
the visitor parking space.
(b) to the south of the driveway, the area between the stepped screen wall
and the front boundary and the footpath must be densely landscaped and
must include 2 x 45 litre tall plantings appropriately placed to screen units
8 and 9.
(c) landscaping must be provided for the full length of the side and rear
boundaries. The landscaping must incorporate a combination of tall and
understorey plantings and must include;
(i) a minimum of 4 x 45 litre suitable tall trees provided to the eastern
boundary to the rear of each of units 4 (planted outside of the
easement), 5, 6, and 7
Page 10 of 34
Section 11
ORDINARY MEETING AGENDA 26 JUNE 2014
(ii) dense screening to the southern boundary
(iii) 2 x 45 litre trees to the southern end of the driveway between units
7 and 9
(d) a landscaped garden must be provided for the full length of unit 8
northern elevation and must be as wide as practicable to ensure vehicle
turning can be achieved
(e) a minimum of a 0.6m wide landscaped garden must be provided for the
full length of unit 3 eastern elevation adjacent to the visitor parking space
(f) provision of 3 x 45 litre street trees within the road reserve. In this regard
1 tree must be located to the south side of the driveway and 2 trees to the
north of the driveway.
*(Refer to Advisory Note)
15. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques and irrigation that allow
for healthy, sustained and vigorous plant growth. All plant material must be
allowed to grow to full form and be refurbished when its life expectancy is
reached.
16. All landscape works must be maintained generally in accordance with the
approved design for the life of the development.
ENGINEERING
External Works
17. David Low Way must be upgraded for the length of its frontage to the subject
site. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
(a) construction of a pedestrian footpath in accordance with the conditions of
this Decision Notice
(b) reinstatement of the footpath and verge area to match the balance of the
site frontage, including the provision of topsoil and turf where the existing
verge is disturbed.
Site Access and Driveways
18. A sealed access driveway must be provided from David Low Way to all parking
and maneuvering areas of the development. The works must be undertaken in
accordance with an Operational Works approval and must include in particular:
(a) a driveway crossover in accordance with IPWEAQ standard drawing SEQ
R-051
(b) suitable safety measures, including warning signage, to improve driver
awareness of pedestrians and enhance pedestrian safety
19. The internal driveway must be designed and constructed with widths, crossfalls
and gradients in accordance with Australian Standard AS/NZS 2890.1:2004 -
Parking Facilities.
Car Parking
20. A minimum of 12 car parking spaces must be provided and marked on the site.
The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
(a) 3 visitor parking spaces within the total, which are clearly marked for that
purpose and accessible at all times for visitor use
Page 11 of 34
Section 12
ORDINARY MEETING AGENDA 26 JUNE 2014
(b) crossfalls and gradients in accordance with Australian Standard AS/NZS
2890.1:2004 - Parking Facilities
(c) garages, including door openings, in accordance with section 5.4 of
Australian Standard AS/NZS 2890.1:2004 - Parking Facilities
Pedestrian
21. Pedestrian facilities must be provided for the development. The works must be
undertaken in accordance with an Operational Works approval and must
include in particular a 2 metre wide concrete footpath within the road verge for
the entire length of the site’s frontage to David Low Way.
Stormwater Drainage
22. The site must be provided with a stormwater drainage system connecting to a
lawful point of discharge. The works must be:
(a) generally in accordance with drawing number 17011-SW1 B prepared by
SCG Consulting Engineers
(b) undertaken in accordance with an Operational Works approval.
Electricity and Telecommunication Services
23. Unless otherwise stipulated by telecommunications legislation at the time of
construction, the development must be provided with all necessary conduits,
pits and pipes to accommodate the future connection of optic fibre technology
telecommunications.
24. Certification must be submitted to Council from all relevant service providers
which certifies that the development has met the requirements of this Decision
Notice and all applicable legislation at the time of construction.
Earthworks and Retaining Walls
25. All fill and associated batters must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site
unless written permission from the respective landowner(s) is provided to
Council.
Damage to Services and Assets
26. 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.
ENVIRONMENT
Waste Storage
27. The developer must provide waste storage and disposal facilities in accordance
with Planning Scheme Policy 9, Waste Management, including an external
imperviously paved area correctly sized for all refuse and recycling containers
and suitably screened from public places and neighboring properties.
Page 12 of 34
Section 13
ORDINARY MEETING AGENDA 26 JUNE 2014
28. 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 which can be achieved by a
bunded area, with a nib wall height of 100mm maximum, enclosing a wash area
of 700mm x 700mm minimum (max 0.7m²). Alternatively the waste area can be
roofed, or any other appropriate design approved by council that would prevent
storm water entry to the sewer.
Noise
29. Written certification is required from a suitably qualified person confirming that
sound pressure levels from all mechanical plant and equipment comply with the
following :
(a) Air-conditioning and Refrigeration
7am to 10pm: Maximum level allowable = background + 5dB(A)
10pm to 7am: Maximum level allowable = background + 3dB(A)
(b) Pumps
7am to 7pm: Maximum level allowable = background + 5dB(A)
7pm to 10pm: Maximum level allowable = background + 3dB(A)
10pm to 7am: No audible noise.
Assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building. All equipment should be
operating at the same time to test the overall noise level created, with the
measurement location at either the residential boundary or outside the most
exposed part of an affected building - whichever is the closest to the
plant/equipment.
30. The certification must be submitted to Council, which certifies that operational
noise from any fixed plant and equipment complies with the requirements of this
Decision Notice.
UNITYWATER
31. Reticulated water supply and sewerage must be provided to the development.
32. Construction activities must not impede the access of Unitywater or Fire
Brigade personnel to vital infrastructure (eg. valves, fire hydrants and sewer
access chambers).
33. The fire-fighting demand on Unitywater’s water supply system from the
development must not exceed 15 litres per second.
34. The existing 150mm diameter asbestos concrete watermain in David Low Way
must be replaced for the full frontage of the development site with DICL pipes.
The replacement works must be completed prior to placing construction
materials/site offices over or adjacent to the water main alignment.
35. A single Unitywater installed primary water meter must be provided immediately
inside the property boundary. Additional water meters must be installed for
each title of a community title or sub-lease scheme. Meters must be Unitywater
approved, installed in accordance with Unitywater requirements and remain
accessible at all times for reading and maintenance purposes.
36. Water meters must be located on alternative boundaries to electrical pillars.
Page 13 of 34
Section 14
ORDINARY MEETING AGENDA 26 JUNE 2014
37. Buildings and other structures must maintain a minimum clearance of 1.5
meters from Unitywater sewer mains, and 1.0 meter from a sewer manhole
chamber or sewer inspection opening.
38. The level of the existing sewer manholes must be adjusted to suit the proposed
finished surface levels. Work must be undertaken by Unitywater at the
applicant’s cost or by the applicant’s private contractors following submission to
Council of an Operational Works application and approval of the application.
39. Easements of between 3 and 10 metres must be provided over all Unitywater
sewers located within property boundaries in accordance with the SEQ
standards. Easements shall be centred over the pipe. Easement terms shall be
the most current registered dealing held by the Department of Natural
Resources & Mines and shall not be altered or amended.
40. Storm water retention systems and gross pollutant traps must maintain a
minimum clearance of 1.5 meters from Unitywater water supply and sewerage
infrastructure.
41. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature,
and suitable approved varieties.
42. Construction works undertaken in the vicinity of Unitywater water supply or
sewerage infrastructure must not adversely affect the integrity of the
infrastructure. All costs associated with repair, replacement or alteration of
infrastructure must be met by the applicant.
ADVISORY NOTES
The following notes are included for guidance and information purposes only and do
not form part of the assessment manager conditions:
Development Compliance Inspection
1. Prior to the commencement of the use, please contact Council's Development
Audit & Response Unit to arrange a Development Compliance Inspection.
Infrastructure Charges
2. This Development Permit will trigger an “Adopted Infrastructure Charge Notice”
(if applicable) to be issued in accordance with Council’s “Adopted Infrastructure
Charges Resolution” under the State Planning Regulatory Provision (Adopted
Charges) and the Sustainable Planning Act 2009.
Qualified persons – Landscaping
3. For the purpose of preparing a Landscape Plan, a qualified person is
considered to be a landscape architect, landscape designer and/or horticulturist
with a minimum of 3 years current experience in the field of landscape design.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where
it is required. Council will not be able to issue a Decision Notice without receipt
of details that the Levy has been paid. QLeave contact: 1800 803 481 (free
call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
5. Additional application fees apply to Operational Work applications where the
different aspects of the works are lodged separately. Significant savings in
application fees will result if all works are lodged in a single application.
Page 14 of 34
Section 15
ORDINARY MEETING AGENDA 26 JUNE 2014
Preparation of a Preliminary Construction Management Plan
6. A preliminary Construction Management Plan must be submitted with the
Operational Works application and must address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual
of Uniform Traffic Control Devices (MUTCD) detailing all temporary
signage and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access for the areas affected by the
works during and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) provision for worker car parking
(b) maintenance and protection of water quality and existing drainage lines
through the construction site, through the implementation of appropriate
erosion and sediment control measures
(c) works programme identifying key components of the works and their
respective durations
(d) establishment of a communication protocol with the general public,
adjoining owners, emergency services and local businesses to advise of
agreed construction times, impacts on traffic, services and other relevant
issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
(f) it is acknowledged that the preliminary Construction Management Plan
will be a draft document requiring finalisation upon appointment of the
Principal Contractor employed to construct the works and a final
document will be required to be submitted at the Pre-Start Meeting for the
project.
Unitywater
7. Connection to Unitywater live water mains and the Unitywater live sewer system
must be undertaken by Unitywater at the applicant’s cost.
8. A 150mm diameter watermain is located within the road boundary fronting the
development site in David Low Way. Construction works, heavy traffic crossing
the main, excessive vibration and excavation close to the main may cause
damage to the pipe. Extreme care is required when working close to this
infrastructure. All costs associated with repair, replacement or alteration of
infrastructure must be met by the applicant.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. The proposed small low cost permanent and visitor accommodation provides
housing diversity ideally located in close proximity to the Peregian Beach
neighbourhood centre and other social infrastructure.
21. The building design is a well-articulated coastal building style that presents as
domestic scale and integrates well with development in the surrounding area.
Page 15 of 34
Section 16
ORDINARY MEETING AGENDA 26 JUNE 2014
32. The development allows sufficient separation between buildings, neighbouring
properties and adequate area for soft landscaping, outdoor recreation and
clothes drying areas.
43. The site has been historically used for visitor accommodation.
2 REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION MCU13/0069
SITUATED AT SOUND PARK - 90 NOOSA PARADE, NOOSA HEADS
Item not dealt with by the Planning & Organisation Committee. Referred to General
Committee for consideration.
3 HYDROX NOMINEES PTY LTD - PLANNING & ENVIRONMENT COURT APPEAL NO.
1505 OF 2013
That Council note the report by the Manager Planning & Environment regarding Planning &
Environment Court Appeal No. 1505 of 2013 and authorise the Chief Executive Officer to
finalise the appeal generally 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 authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed below.
Plan No. Rev. Plan Name Date
2869 DA-00 F Locality Plan, prepared by Leffler Simes 04/06/14
Architects
2689 DA-01 A Existing Site Conditions, prepared by Leffler 13/04/12
Simes Architects
2869 DA-03 F Site Plan, prepared by Leffler Simes Architects 04/06/14
2869 DA-04 F Floor Plan, prepared by Leffler Simes Architects 04/06/14
2869 DA-05 E Roof Plan, prepared by Leffler Simes Architects 23/05/14
2869 DA-06 E Elevation, prepared by Leffler Simes 25/07/13
2869 DA-08 F Sections, prepared by Leffler Simes 23/05/14
2869 DA-09 E Easement Plan, prepared by Leffler Simes 23/05/14
2869 DA-11 A Typical Details, prepared by Leffler Simes 26/05/14
2869 DA-12 B Sections with Sight Lines, prepared by Leffler 23/05/14
Simes
2869 DA- G Site Plan - Stage 1, prepared by Leffler Simes 04/06/14
020 Architects
2869 DA-21 B Tenancy Floor Plan and Elevations, prepared 23/05/14
by Leffler Simes Architects
Page 16 of 34
Section 17
ORDINARY MEETING AGENDA 26 JUNE 2014
Nature and Extent of Approved Use
3. The ancillary café must not exceed 150m2 of gross floor area.
4. Deleted.
Sunset Clause for Completion of Approved Development
5. The stage 2 Retail Business Type 4 - Showroom development lapses if the use has
not happened by 28 March 2019.
Land Amalgamation
6. All properties the subject of the development must be amalgamated, prior to the
commencement of the use.
Building Height
7. The maximum height of the main part of the Masters Home Improvement building
(comprising the retail, timber and receiving areas) must not exceed 10 metres above
finished ground level.
8. The mechanical plant shall be screened in accordance with the Approved Plans.
9. The maximum height of the garden centre area shall not exceed 9m above finished
floor levels, and shall include a 5 degree pitch as generally indicated on the Approved
Plans.
10. Certification must be submitted to Council from a Licensed Surveyor which certifies
that the Masters Home Improvement Store building does not exceed the maximum
height requirement of this Decision Notice.
Performance Bond
11. Security in the form of a cash bond or trading bank guarantee to the sum of $35,000
must be submitted to Council, to secure performance of all conditions of this
approval, prior to the issue of a Development Permit for Operational Works. The
cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Built Form
12. The exterior finishes indicated on the approved plans shall be maintained in the
finished building, and include at minimum the modwood screen panels to the south
elevation, PIR panels with exposed joints, FC sheet cladding, paint finish, groove
lines to concrete wall panels in selected paint finish to those walls on the north.
13. The canopy proposed to the front entrance of the Masters building shall be in
accordance with the Approved Plans, and remain exposed and open as a roof on
columns.
14. The electrical transformer shall be located to the rear of the building, as indicated on
the approved plans as ‘Transformer Option 1’.
Signage
15. Any advertising sign or device is to comply with Council's policies on advertising,
alternatively, an application for Operational Works (Signage) is required for any
signage in excess of this requirement.
16. No signage is to be located along the northern elevation of the building facing Eenie
Creek Road.
Fencing
17. Deleted.
Page 17 of 34
Section 18
ORDINARY MEETING AGENDA 26 JUNE 2014
Waste Management
18. Refuse storage, removal and collection facilities must be provided in accordance with
the following:
(a) The provision of separate waste bins for general and recyclable waste must be
provided.
(b) The provision of hardstand impervious area for the permanent storage location
of separate waste bins for general and recyclable waste; and
(c) The provision of a purpose built enclosure to the bin store to provide visual and
aesthetic screening from streets and pedestrian pathways.
(d) The provision of a roofed wash-down area/s for the purpose of waste bin
cleaning for all general and recyclable waste bins and fitted with a hose-cock
and a drain connected to the sewer.
19. The development site must provide for the entry and exit of waste vehicles from the
site in a forward direction and the means, without difficulty to align the vehicle with
any waste container (includes waste compactor equipment) and enable waste
collection at any time scheduled for collection. The means to full-fill this requirement,
details must be provided as part of the application for Operational Works approval
and must include in particular:
(a) Demonstration that all waste vehicles entering the site can appropriately
manoeuvre on-site in accordance with the above and can readily align the
collection vehicle with the waste containers, stored within a temporary on-site
storage position to enable waste collection. *(Refer to Advisory Note)
LANDSCAPING
Landscaping Works
20. The development site must be landscaped generally in accordance with the
Landscape Master Plan No. LC-02 Issue D dated 26/5/14, except where amended by
these conditions. The works must be undertaken in accordance with an Operational
Works approval and The Noosa Plan Planning Scheme Policy 3 Landscaping Plants
and Guidelines and must include in particular:
Road frontages and covenant areas
(a) Landscaping treatments to all road frontages to provide screening of the
development.
(b) Restoration and replanting of all covenant areas and the northern road reserve
area adjacent to Eenie Creek Road to provide a visual buffer to the
development, including understorey, mid-story and canopy species in
accordance with a restoration plan submitted for operational works approval.
(i) vegetated screening of northern and eastern boundaries of the site
designed such that 75% of the bulk of the building, including roof form will
be screened within 5 years.
(c) vegetated screening of any electrical transformers, pumps bin storage areas or
ancillary mechanical plant equipment from the car park and road frontages.
Car park area
(d) Provision of 100 litre shade trees of local native species to every 6 car parks.
(e) Deleted.
(f) Provision of dense understorey planting to car park shade tree mulched beds.
Page 18 of 34
Section 19
ORDINARY MEETING AGENDA 26 JUNE 2014
(g) Provision of permanent pedestrian cross over strips (i.e. pavement, pavers) to
car park shade tree beds to facilitate pedestrian movement, in order to prevent
mulch compaction in beds.
(h) Provision of root barriers to all car park shade trees adjacent to any storm water
treatment devices to prevent tree root infiltration of storm water media or pipes.
(i) Provision of 12 x 100 litre local native species in the garden beds on the
southern side of the pedestrian shared zone aisle.
(j) removal of all weeds species listed in the following standards and legislation:
(i) declared plants under the Land Protection (Pest and Stock Route
Management) Act 2002 and sub-ordinate Regulation 2003
(ii) Undesirable species as listed in Planning Scheme Policy 3 Landscaping
Plants and Guidelines *(Refer to Advisory Note)
21. All landscape works must be established and maintained in accordance with
horticultural best practice with construction techniques and irrigation that allow for
healthy, sustained and vigorous plant growth. All plant material must be allowed to
grow to full form and be refurbished when its life expectancy is reached.
22. All landscape works must be maintained generally in accordance with the approved
design for the life of the development.
Treatment of Temporarily Vacant Land
23. Where some or all of the land remains vacant or undeveloped for more than 3
months, following the commencement of Stage 1, the following works must to be
carried out:
(a) the site must be graded (to the same level as the adjoining footpath wherever
practicable) and turfed.
(b) the site must be landscaped with perimeter planting consisting of advanced
specimens of fast growing tree species.
(c) drainage must be provided to prevent ponding.
(d) the site must be maintained so there is no sediment run-off onto adjacent
premises, roads or footpaths.
(e) the site must be maintained to ensure no nuisance to adjacent premises, roads
or footpaths.
(f) where fencing is installed to secure boundaries:
(i) the fencing must be durable and not capable of being pushed or blown
over.
(ii) the fencing type must not detract from local amenity (barbed wire is not
acceptable).
(iii) vandalism must be promptly repaired and any graffiti removed.
Retention of Existing Trees
24. Existing trees in the covenant area and in the road verge must be retained in
accordance with an Arborist Report submitted for operational works for the
development prepared by a qualified person and referenced in a Development Permit
for Operational Works.
Page 19 of 34
Section 20
ORDINARY MEETING AGENDA 26 JUNE 2014
FAUNA MANAGEMENT
Fauna Management Plan
25. Prior to the commencement of any works over the subject land, a detailed Fauna
Management Plan (FMP) must be lodged and approved by council delegate.
26. The FMP must include the following information:
(a) Staging of the clearing,
(i) areas to be cleared.
(ii) proposed dates for clearing.
(iii) if fauna spotter presence is needed in each and every stage.
(b) The Fauna Spotter is to:
(i) Provide a copy of the QPWS Rehabilitation Permit of the fauna spotter
catcher.
(ii) An assessment of the fauna likely to be impacted,
(iii) Ensure the clearing is conducting in a lawful manner.
(iv) Contact details of the nearest wildlife animal specialist veterinarian or
other appropriate party to humanely deal with injured wildlife.
(v) Provide comment on the clearing with relation to the provision contained
within SEQ Koala Conservation State Planning Regulatory provisions
Table 7 , column 2, parts 4 -7.
Clearing of Vegetation
27. Prior to the commencement of any works over the subject land, a Vegetation
Management Plan must be lodged with any operational works permit application. The
plan must document the following items:
(a) Vegetation removal, tree felling and lopping must be undertaken in an
environmentally sensitive manner that avoids damaging surrounding
vegetation, trees and habitat.
(b) Cleared vegetation is to be suitably processed by one of the following methods
and removed from the site:-
(i) Processing through a woodchipper or shredder. The resulting mulch is to
be stockpiled loose in heaps of less than 1000 cubic metres, less than 2.5
metres high with a minimum of 10 metres between edges of heaps.
(ii) Disposal for firewood.
(iii) Disposal for landscaping purposes
(iv) Transport to alternative site for breaking down materials provided that all
necessary permits have been obtained to allow the alternate site to be
used for this purpose
(v) Re-use for construction materials
(vi) Environmental weed species (camphor laurel, lantana) cleared from the
site shall not be mulched, with the material to be removed from the site
and disposed of in a Council approved refuse tip.
(vii) Disposal of cleared vegetation by burning or burying is not permitted.
Page 20 of 34
Section 21
ORDINARY MEETING AGENDA 26 JUNE 2014
CIVIL ENGINEERING UNIT
Easements
28. Prior to the commencement of use, a 9 metre wide easement for access purposes
must be registered against the title of Lot 1 SP222982 in favour of Lot 2 SP222982
over the land area along the southern boundary of Lot 1 SP222982.
Site Access and Driveways
29. A sealed access driveway must be provided from Hofmann Drive and the Eenie
Creek Road service road to all parking and manoeuvring areas of the development.
The works must be undertaken in accordance with an Operational Works approval.
Parking
30. A minimum of 246 car parking and 4 motorcycle spaces must be provided and
marked within stage 1, 34 car parking and 2 motorcycle spaces must be provided and
marked within stage 2. The works must be undertaken in accordance with an
Operational Works approval.
31. Motorcycle parking is to be provided in a location close to the entrance of the
buildings.
32. 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.
Service Vehicles
33. Service vehicle parking, manoeuvring and standing spaces must be provided on the
site. The works must be undertaken in accordance with an Operational Works
approval.
Pedestrian and Bicycle Facilities
34. Pedestrian and bicycle facilities must be provided for the development. The works
must be undertaken in accordance with an Operational Works approval and must
include in particular:
(a) a 2.5 metre wide footpath within the Hofmann Road verge extending from the
existing footpath adjacent to the roundabout at the entrance to the site to the
existing footpath adjacent to the next roundabout to the northeast.
(b) pedestrian pathways extending through the middle of the carpark generally in
accordance with the approved plans.
(c) adequate separation of all specific pedestrian routes from vehicle access and
manoeuvring areas, and clear demarcation by pavement marking, signposts or
changes in surface materials or levels.
(d) signage and lighting at strategic locations to direct people to building entries
and toilet facilities.
(e) pedestrian refuge areas at strategic locations within the carpark to ensure safe
and convenient congregating of pedestrians waiting to cross major access
driveways
(f) a total of 30 bicycle parking spaces for stage 1, and 10 bicycle parking spaces
for stage 2, which are to be located close to the entrance of the building.
(g) end of trip facilities involving 15 lockers, 2 showers and change rooms for stage
1, and 5 lockers, 1 shower and change rooms for stage 2.
Page 21 of 34
Section 22
ORDINARY MEETING AGENDA 26 JUNE 2014
HYDRAULICS & WATER QUALITY
Stormwater Drainage
35. The site must be provided with a stormwater drainage system connecting to a lawful
point of discharge. The works must be undertaken in accordance with an Operational
Works approval and QUDM, and must include in particular:
(a) the works described in section 3 and 5 of the Site Based Stormwater
Management Report listed in this Decision Notice.
(b) collection and discharge* of stormwater to Hoffman Drive.
(c) extension of the site stormwater system to accommodate stormwater from the
external catchment as nominated and shown in section 4 of the site based
stormwater management report.
(d) Design calculations and comments outlining how external stormwater flows will
be managed through the site from the external upstream catchment as
proposed in section 4 of the site based stormwater management plan. Any final
design must include:
(i) a site based drainage system which accepts and conveys existing minor
flows from Eenie Creek Road, Commerce Court and existing industrial
development to the west. Detailed design calculations must be submitted
with a concurrent operational works application which demonstrates no
additional afflux on upstream private and public land.
(ii) a site based drainage system which accepts and conveys external
upstream major flows up to and including the 1% AEP flood event,
without increasing afflux to existing upstream private and public land.
(iii) analytical justification that demonstrates design flows can enter any
proposed underground drainage system under appropriate blockage
conditions.
(iv) potential effects of flows in excess of the design flow including the
consequences of the Probable Maximum Flood.
(v) allowances made in the design for debris blockages of the inlet.
(vi) potential effects of debris blockages in excess of that allowed for in the
design.
(vii) an easement for drainage purposes to be registered against the title of
the property in favour of Council over the land and drainage system which
conveys external flows through the site. The easement must be granted
at no cost to council.
(e) the use of gravity stormwater drainage and not surcharge pits.
*(Refer to Advisory Note)
Stormwater Quality Management
36. A stormwater quality treatment system must be provided for the development. The
works must be undertaken in accordance with an Operational Works approval and
the latest version of the Water Sensitive Urban Design Technical Design Guidelines
for South East Queensland, and must include in particular:
(a) stormwater quality treatment devices of a size and location generally in
accordance with those shown in section 5 of the of the Site Based Stormwater
Management Plan listed in this Decision Notice.
Page 22 of 34
Section 23
ORDINARY MEETING AGENDA 26 JUNE 2014
(b) bioretention devices which:
(i) are designed generally in accordance with IPWEQA Standard Drawing
No. WSUD-001.
(ii) incorporate a coarse sediment forebay (in addition to the required filter
media surface area), which is sized in accordance with the latest version
of the Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland and designed generally in accordance with
IPWEQA Standard Drawing No. WSUD-005.
(iii) have safe, unobstructed and all weather access from the road frontage
for maintenance purposes, particularly for the coarse sediment forebay.
(iv) are provided with a high flow bypass to ensure that flows which exceed
the treatment capacity of the device are bypassed in order to avoid
damaging of the filter media or subjecting the filter media to excessive
sediment loads.
(v) are provided with a free-draining outlet from the sub-soil drainage system.
(vi) treat stormwater from all developed catchments (including roof and
carpark catchments) prior to discharge.
37. Permanent educational signage must be erected to educate the customers to the
development about the function of the bioretention device(s). The dimensions,
standard, presentation and location of the educational signage must be in
accordance with an Operational Works approval. *(Refer to Advisory Note)
Vegetated Devices
38. All stormwater quality treatment devices must be maintained in accordance with the
Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version 1). The
approved Operational Works drawings for the stormwater quality treatment system
and detailed life cycle costing of the system must be attached as an addendum to this
document. Records of all maintenance activities undertaken must be kept and made
available to Council upon request.
Rainwater Harvesting
39. Operating rainwater collection tanks must be provided for the development. The
tanks must be provided in accordance with an Operational Works approval and must
include in particular:
(a) the details identified in section 5 of the Site Based Stormwater Quality
Management Plan listed in this Decision Notice
(b) a total tank capacity of 50 000 litres
(c) Deleted.
(d) re-use of harvested rainwater for internal non-potable uses and outdoor uses.
40. Certification must be submitted to Council from a qualified person* which certifies that
the rainwater collection tank and associated reticulation have been installed in
accordance with the requirements of this Decision Notice. *(Refer to Advisory Note)
Easements
41. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property. All easements must be designed in
accordance with the planning scheme and granted at no cost to the Grantee. Where
the Grantee is Council or a service authority, the easement documentation must be in
accordance with the Grantee’s standard easement terms.
Page 23 of 34
Section 24
ORDINARY MEETING AGENDA 26 JUNE 2014
42. Draft easement documentation must be submitted to Council for endorsement.
43. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
44. All fill and associated batters must be must be undertaken in accordance with an
Operational Works approval, and contained entirely within the subject site unless
written permission from the respective landowner(s) is provided to Council.
Damage to Services and Assets
45. Any damage caused to existing services and assets above or below the ground must
be repaired:
(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.
(c) 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.
UNITYWATER
Water and Sewerage
46. The fire-fighting demand on Unitywater’s water supply system from the development
must not exceed 30 litres per second.
47. A single Unitywater installed primary water meter must be provided immediately
inside the property boundary. Additional water meters must be installed for each title
of a community title or sub-lease scheme. Meters must be Unitywater approved,
installed in accordance with Unitywater standards and requirements and remain
accessible at all times for reading and maintenance purposes.
48. Water meters must be located on alternative boundaries to electrical pillars.
49. Buildings and other structures must maintain a minimum clearance of 1.5 metres
from Unitywater sewer mains, and 1.0 metre from sewer manhole chambers and
inspection openings.
50. The applicant must adjust the level of the existing sewerage inspection opening as
necessary to suit the proposed finished levels. Work must be undertaken by
Unitywater at the owner’s cost. Where the existing sewerage inspection opening point
is located within a sealed or concreted area, a brass cap is required to be fitted.
51. Storm water retention systems and gross pollutant traps must maintain a minimum
clearance of 1.5 metres from Unitywater water supply and sewerage infrastructure.
52. Redundant sewer pipes within the development site must be removed or slurry filled.
53. Tree plantings must maintain a minimum horizontal clearance of 1.0 metre from
Unitywater water mains and 1.5 metres from Unitywater sewerage mains.
Landscaping plants within these clearances must be low growing when mature and
suitable approved varieties.
54. Construction works undertaken in the vicinity of Unitywater water supply or sewerage
infrastructure must not adversely affect the integrity of the infrastructure. All costs
associated with repair, replacement or alteration of infrastructure must be met by the
applicant.
Page 24 of 34
Section 25
ORDINARY MEETING AGENDA 26 JUNE 2014
Advisory Notes
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
Equitable Access and Facilities
1. The plans for the proposed building work have NOT been assessed for compliance
with the requirements of the National Construction Code - Building Code of Australia
(Volume 1) as they relate to people with disabilities. Your attention is also directed to
the fact that in addition to the requirements of the National Construction Code as they
relate to people with disabilities, one or more of the following may impact on the
proposed building work:
(a) the Disability Discrimination Act 1992 (Commonwealth);
(b) the Anti-Discrimination Act 1991 (Queensland); and
(c) the Disability (Access to Premises – Buildings) Standards
Aboriginal Cultural Heritage Act 2003
2. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A
person who carries out an activity must take all reasonable and practicable measures
to ensure the activity does not harm Aboriginal cultural heritage.” It is an offence to
fail to comply with the duty of care. Substantial monetary penalties may apply to
individuals or corporations breaching this duty of care. Injunctions may also be
issued by the Land and Resources Tribunal, and the Minister administering the Act
can also issue stop orders for an activity that is harming or is likely to harm Aboriginal
cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
Unitywater
3. Connection to Unitywater live water mains must be undertaken by Unitywater at the
applicants cost.
4. A Trade Waste permit is required prior to any stormwater, groundwater or sump
pump discharge into Unitywater’s sewerage system.
5. The rising main crossing the north eastern corner of the site is no longer in use. No
diversion is required. Pipework may exist in the ground and will need to be removed
or slurry filled. A redundant gravity sewer pipe may be located within the southern
portion of the site requiring removal or slurry filling.
ENGINEERING
Footpath Connectivity
6. It is advised to enter into discussions with the owner of the Noosa Civic (Lot 3
SP246584), so as to complete a small portion of footpath adjacent to the office
buildings within the western portion of their site adjoining the small roundabout along
Hoffman Drive. This small section of unfinished pathway within private property, will
provide connectivity to both the Noosa Civic Shopping Centre and the proposed
development.
Page 25 of 34
Section 26
ORDINARY MEETING AGENDA 26 JUNE 2014
Building and Construction Industry (Portable Long Service Leave) Levy
7. From 1 January 2000, the Building and Construction Industry (Portable Long Service
Leave) Levy must be paid prior to the issue of a development permit where one is
required for the 'Building and Construction Industry'. This applies to Building Works,
Operational Works and Plumbing and Drainage Works applications, as defined under
the Sustainable Planning Act 2009, where the works are $80,000 or more and
matching the definition of 'Building and Construction Industry' under the Building and
Construction Industry (Portable Long Service Leave) Act 1991. Council will not be
able to issue a Decision Notice without receipt of details that the Levy has been paid.
Should you require clarification in regard to the amendments to the Building and
Construction Industry (Portable Long Service Leave) Act 1991, you should contact
QLeave on 1800 803 481 (free call) or (07) 3212 6855.
Co-ordination of Operational Works Assessment
8. To assist Council to undertake an integrated assessment of the operational works
application, all aspects of the works must be included in one (1) application and be in
accordance with Council’s planning scheme. Additional application fees apply to
applications where the different aspects of the works are lodged separately.
Significant savings in application fees will result if all works are lodged in a single
application.
Preparation of a Preliminary Construction Management Plan
9. The works identified in this Decision Notice will be required to be carried out in
accordance with a Construction Management Plan endorsed by Council through an
approval for Operational Works. To ensure expedient assessment of any
Operational Works application, the applicant is advised to submit a preliminary
Construction Management Plan that addresses the requirements of the planning
scheme. In particular, the preliminary Construction Management Plan should
address the following:
(a) traffic management during all aspects of the construction phase including:
(i) a Traffic Management Control Plan in accordance with the Manual of
Uniform Traffic Control Devices (MUTCD) detailing all temporary signage
and traffic control measures prior to construction
(ii) maintenance of safe pedestrian access across the frontage of the site
both during daily construction and after daily construction has ceased
(iii) proposed fencing to the site during the construction phase of the
development
(iv) approval of the Traffic Management Control Plan by the Department of
Main Roads (DMR) for any works on State controlled roads
(b) maintenance and protection of water quality and existing drainage lines through
the construction site, through the implementation of appropriate erosion and
sediment control measures
(c) works programme identifying key components of the works and their respective
durations
(d) establishment of a communication protocol with the general public, adjoining
owners, emergency services and local businesses to advise of agreed
construction times, impacts on traffic and services and other relevant issues
(e) identification of complaint management procedures including:
(i) contact details for the on-site manager
(ii) dispute resolution procedures
Page 26 of 34
Section 27
ORDINARY MEETING AGENDA 26 JUNE 2014
(f) details on the location of external fill sites/sources, the haulage route, type of
vehicle to be utilised during filling operations and frequency of usage. NB any
damage to the existing road system as a result of haulage operations shall be
fully repaired at the applicant’s expense
(g) it is acknowledged that the Construction Management Plan will be a draft
document requiring finalisation upon appointment of the Principal Contractor
employed to construct the works and a final document will be required to be
submitted at the Pre-Start Meeting for the project.
HYDRAULICS AND WATER QUALITY
Qualified Person
10. For the purpose of certifying that the design of the rainwater harvesting system is in
accordance with the requirements of this decision notice, a qualified person is
considered to be a Registered Professional Engineer of Queensland (RPEQ), builder
or plumber.
Lawful Point of Discharge
11. The applicant is advised that a lawful point of discharge for the development will need
to be determined and demonstrated as part of a detailed design solution included
with the Operational Works application.
Bioretention Basin Educational Signage
12. Suggested wording for the permanent educational signage required by this Decision
Notice is as follows:
“BIORETENTION BASIN - This bioretention basin reduces the pollution of our
waterways by reducing the amount of heavy metals, litter, suspended solids, and
nutrients discharged to (insert name of receiving waters)”.
Waste Management Operational Phase
13. For the purpose of demonstrating compliance with the waste management condition,
the applicant is requested to contact Council’s Waste Management Branch. The
respective waste collection vehicles (i.e. for collection of 240l wheelie bins, 1100l and
greater bulk bins) and their dimensions will be provided upon standard drawings
when requested.
Note: Council’s Waste Contract does not include the supply of waste compactor
equipment. Only the service of a compactor is provided under the contract by
Council. Subsequently the applicant must ensure that any compactor intended for
use by the development can be serviced utilising the Contractor provided Waste
Compactor Servicing Vehicle.
4 CONTRIBUTION IN LIEU OF THE PROVISION OF OFF-STREET PARKING
Item not dealt with by the Planning & Organisation Committee. Referred to the
General Committee for consideration.
5 COASTAL HAZARD MAPPING
That Council note the report by the Senior Strategic Planner to the Planning & Organisation
Committee Meeting dated 17 June 2014 regarding the State Government’s coastal hazards
mapping and Local Government Association of Queensland’s legal advice on coastal
hazards and Council liability issues.
Page 27 of 34
Section 28
ORDINARY MEETING AGENDA 26 JUNE 2014
6 LAKE MACDONALD RECREATION MANAGEMENT DISCUSSION PAPER
That Council note the report by the Senior Strategic Planner to the Planning & Organisation
Committee Meeting dated 17 June 2014 and authorise the Chief Executive Officer to
respond to the Seqwater Lake Macdonald Recreation Management Discussion Paper
dated April 2014 in accordance with the issues identified in the report by the Senior
Strategic Planner.
7 ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
PERMITS (1314E012)
Item not dealt with by the Planning & Organisation Committee. Referred to General
Committee for consideration.
8 FINANCIAL PERFORMANCE - MAY 2014
That Council note the report by the Manager Financial Services to the Planning &
Organisation Committee Meeting dated 17 June 2014.
9 NOOSA BIOSPHERE LTD - APPOINTMENT OF MEMBER REPRESENTATIVE
That Council note the report by the Executive Officer to the Planning & Organisation
Committee Meeting dated 17th June 2014 and nominate the Chief Executive Officer as the
representative of Council to exercise all or any of the powers the Council may exercise,
being the sole member of the Noosa Biosphere Ltd Company.
10 AMENDMENT TO COUNCILLORS' EXPENSES REIMBURSEMENT POLICY
That Council note the report by the Administration Officer Executive to the Planning &
Organisation Committee Meeting dated 17 June 2014 and repeal the existing Councillors’
Expenses Reimbursement Policy and adopt the amended Councillors’ Expenses
Reimbursement Policy as shown at Attachment 1 to the report.
Recommendation
The Planning & Organisation Committee recommendations dated 17 June, 2014 be adopted
except where dealt with or held over by separate resolution.
Page 28 of 34
Section 29
ORDINARY MEETING AGENDA 26 JUNE 2014
GENERAL COMMITTEE RECOMMENDATIONS
23 JUNE 2014 - Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton, Joe Jurisevic,
Frank Pardon, Noel Playford, Frank Wilkie
1 CONTRIBUTION IN LIEU OF THE PROVISION OF OFF STREET PARKING - FURTHER
REPORT
That Council note the report by the Senior Strategic Planner to the General Committee
Meeting dated 23 June 2014 and request Strategic Land Use Planning to prepare a
detailed report addressing the feasibility of accepting contributions in lieu of the provision of
off-street parking within each locality and, in the interim, not generally accept monetary
contributions in lieu of the provision of off-street parking.
2 2014/2015 COMMUNITY GRANTS FIRST ROUND RECOMMENDATIONS
Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
local government Act 2009) due to his position as Club Registrar of the Noosa Dolphins Rugby
Union Club. Cr Jurisevic believed he could consider this item impartially and in the public interest
and therefore remained in the meeting room for the debate.
Cr Playford declared a perceived conflict of interest in this matter (as defined in section 173 of the
local government Act 2009) due to his membership of the Cooroora Historical Society Inc. Cr
Playford believed he could consider this item impartially and in the public interest and therefore
remained in the meeting room for the debate.
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 ex officio membership of the Cooroy Lower Mill Board. Cr
Wellington believed he could consider this item impartially and in the public interest and therefore
remained in the meeting room for the debate.
That Council note the report by the Community Development Coordinator, to the General
Committee dated 23 June 2014 and approve the first round of Community Grants
recommendations for the financial year 2014/15 as set out in Attachment 1 to the report.
Crs. Jurisevic, Playford and Wellington voted in favour of the recommendation.
3 ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
PERMITS 1314EOI2
Cr Pardon declared a material personal interest in this matter (as defined in section 172 of the Local
Government Act 2009) due to his fiance working for one of the applicants. Cr Pardon left the
meeting room for discussion on this matter.
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 17 June 2014 and note that a further report on the
matter will be presented to the Ordinary Meeting on 26 June 2014.:
A. Issue 9 x 3 year permits to the following recommended permit holders:
Activity Recommended Permit Holder
Learn to Surf – Main Beach 1 Noosa Learn to Surf (No change)
Learn to Surf – Main Beach 2 Go Ride a Wave (No change)
Kayak Hire & Tours – Main Beach Noosa Ocean Kayak Tours and Hire (No
change)
Beach Equipment Hire – Main Beach Dorajar Pty Ltd
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Section 30
ORDINARY MEETING AGENDA 26 JUNE 2014
Beach Equipment Hire – Between Rockwalls Noosa Beach Hire (No change)
Snacks and Drinks Refreshment Noosa Spit Spit Beach Snacks (No change)
Beach Massage – Main Beach Lynette Shannon (No change)
Surf Dancing – between rockwalls Surfdancer (No change)
Kite Surfing Lessons – Noosa Rivermouth Adventure Sports Kitesurf Australia (No
change)
B. Not issue a catamaran hire permit due to the submission of a response which did not
satisfactorily address the evaluation criteria;
C. Note that the assessment panel did not consider Tropicsurf for permits due to
breaches of the EOI Process Terms document; and
D. Rescind the Lions Park as a location for Commercial High Use permits.
Cr Pardon rejoined the meeting.
4 REPRESENTATIONS IN RELATION TO DEVELOPMENT APPLICATION MCU13/0069
SITUATED AT SOUND PARK, 90 NOOSA PARADE, NOOSA HEADS
That Council agree in part to the representations submitted in relation to application
MCU13/0069, situated at Sound Park described as Lot 32 N 21854 situated at 90 Noosa
Parade, Noosa Heads, and issue a Negotiated Decision Notice in accordance with the
following:
A. Approve a change to condition 9 to read as follows:
9. The approved use must not operate outside the hours of:
(a) 7am to 10pm Sunday to Thursday
(i) except during the Christmas, Easter and September school holidays
where the use may operate from 7am to 10.30 pm Sunday to
Thursday. The dates for these holidays must be in accordance with
the Department of Education, Training and Employment (Education
Queensland) - School holidays for Queensland state schools.
(b) 7am to 12 midnight, Friday and Saturdayseven days per week.
The requirements of this condition must be included in any lease agreement for the
outdoor dining areas.
B. Agree to delete condition 10.
Recommendation
The General Committee recommendations dated 23 June, 2014 be adopted except where dealt
with or held over by separate resolution.
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Section 31
ORDINARY MEETING AGENDA 26 JUNE 2014
6 ORDINARY MEETING REPORTS
1. ASSESSMENT OF EXPRESSIONS OF INTEREST FOR COMMERCIAL HIGH USE
PERMITS (1313E012) – FURTHER REPORT
Author Property and Facilities Manager, Clint Irwin
Corporate Services Department
Index Subject: Property Management/Commercial Activities
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee dated 17 June 2014 and the Further Report to the Ordinary Meeting
dated 26 June 2014 and:
A. Issue 9 x 3 year permits to the following recommended permit holders:
Activity Recommended Permit Holder
Learn to Surf – Main Beach 1 Noosa Learn to Surf (No change)
Learn to Surf – Main Beach 2 Go Ride a Wave
(No change)
Kayak Hire & Tours – Main Beach Noosa Ocean Kayak Tours and Hire
(No change)
Beach Equipment Hire – Main Beach Dorajar Pty Ltd
Beach Equipment Hire – Between Rockwalls Noosa Beach Hire
(No change)
Snacks and Drinks Refreshment Noosa Spit Spit Beach Snacks
(No change)
Beach Massage – Main Beach Lynette Shannon
(No change)
Surf Dancing – between rockwalls Surfdancer
(No change)
Kite Surfing Lessons – Noosa Rivermouth Adventure Sports Kitesurf Australia
(No change)
B. Not issue a catamaran hire permit due to the submission of a response which did not
satisfactorily address the evaluation criteria;
C. Exclude Tropicsurf for all permits on the basis of canvassing as noted in the report by the
Property and Facilities Manager to the Planning & Organisation Committee Meeting dated
17 June 2014; and
D. Rescind the Lions Park as a location for Commercial High Use Permits.
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Section 32
ORDINARY MEETING AGENDA 26 JUNE 2014
REPORT
At the General Committee Meeting on 23 June 2014, the CEO provided a verbal update to
Councillors on the results of a review of the EOI process. At that meeting it was noted that a
further report would be presented to the Ordinary Meeting on 26 June 2014.
The purpose of this additional report is to present the findings of the evaluation of Tropicsurf’s
applications for Learn to Surf 1 and Learn to Surf 2 located on Noosa Main Beach and the Stand
Up Paddleboard activity located at the Lions Park.
The Evaluation Panel met on 23 June 2014 after the General Committee Meeting and the
findings of the evaluation processes in summary are:
1. Learn to Surf 1 – Tropicsurf scored third behind the recommended permit holder out of a
total of four respondents;
2. Learn to Surf 2 – Tropicsurf scored second behind the recommended permit holder out of a
total of four respondents;
3. Stand Up Paddleboard – Tropicsurf was scored and was the only applicant for this activity.
As a result of the evaluation processes there is no impact on the original permit holder
recommendations to the Planning & Organisation Committee Meeting dated 17 June 2014.
With respect to the Stand Up Paddleboard activity as noted in the report to the Planning &
Organisation Committee Meeting dated 17 June 2014, there are two available options to Council,
which include:
1. Reoffer the permit by EOI to the open market.
2. Not offer the permit due to the following:
(a) There are four identical established businesses offering Stand Up Paddleboard
lessons on the lower Noosa River, the closest being 150 metres away.
(b) There has been a lack of interest shown by alternative respondents to the EOI, i.e.
one applicant unlike activities such as Learn to Surf and Beach Equipment Hire.
(c) The Policy states that Council reserves the right at its absolute discretion not to offer
any permit having given sufficient consideration to the application on the community
amenity and commercial businesses.
(d) The area is highly utilised by the community for recreation purposes and at times is
used for major events throughout the year.
Previous Council Consideration
Reference: Ordinary Meeting, 1 May 2014:
“That Council note the report by Coordinator Property and Land Management to the General
Committee Meeting dated 28 April 2014 and:
A. Repeal the Commercial Use of Community Land Policy that transferred to the Noosa
Council from the Sunshine Coast Regional Council under the Local Government (De-
amalgamation Implementation) Regulation; and
B. Approve the Commercial Use of Community Land Policy as attached to the report by
Coordinator Property and Land Management to the General Committee Meeting dated 28
April 2014 with dot point 5, under the heading “Guiding Principles”, to be amended to read
– “A permit holder may only be granted a maximum of two permits from the range available
to reduce the likelihood of a monopolistic permit environment while providing the
opportunity for added local employment”.
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Section 33
ORDINARY MEETING AGENDA 26 JUNE 2014
Reference, General Committee Meeting, 23 June 2014:
“That Council note the report by the Property and Facilities Manager to the Planning &
Organisation Committee Meeting dated 17 June 2014 and note that a further report on the matter
will be presented to the Ordinary Meeting on 26 June 2014.”
Finance & Risk
The costs that will be incurred in the administration of these permits are accommodated in
Council’s operational budget (predominately as labour costs) within the Corporate Services
Department.
Commercial High Use Permits including the EOI process are a high profile part of Council’s land
management. The activity locations are highly desirable community land parcels which are
extremely well patronised by tourists and locals and the activities have the potential to conflict
with commercial businesses with higher overheads operating similar services. The decision not
to award permits due to respondent conduct which conflicts with the EOI Process Terms is an
important consideration for Council.
The risk of issuing a permit when Council is aware of a breach to the EOI process may risk
Council’s reputation and public image. Commercial High Use Permits are highly competitive and
subject to complaints, driven by existing permit holders and other competitors trying to enter the
market.
History shows that competitors have taken complaints to the CMC and Ombudsman for
investigation regarding the transparency and rigour of the permit process.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Director Corporate Services
Manager Community Facilities
Procurement Officer
Governance Project officer
Departments/Sections Consulted:
X Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
X Executive Office X Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources Revenue Services
Page 33 of 34
Section 34
ORDINARY MEETING AGENDA 26 JUNE 2014
7 PETITIONS
8 CLOSED SESSION
Nil.
9 NEXT MEETING
The next Ordinary Meeting will be held on 31 July, 2014 in the Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
Page 34 of 34