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2019-05-16 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 16 May 2019
6pm
Cooran Memorial School of Arts Hall, 14 King Street, Cooran Hall
Crs Tony Wellington (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING MINUTES 16 MAY 2019
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor T Wellington, Mayor
Councillor F Wilkie, Deputy Mayor
Councillor J Glasgow
Councillor I Jackson
Councillor F Pardon
Councillor B Stockwell
EXECUTIVE
B de Chastel, Chief Executive Officer
K Rawlings, Director Environment & Sustainable Development
D Iezzi, Director Executive Services
C Billingham, Director Infrastructure Services
K Contini, Director Community Services
APOLOGIES
Councillor J Jurisevic
The meeting commenced at 6.00pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Jackson
The Minutes of the Ordinary Meeting held on 18 April 2019 be received and confirmed.
Carried.
3 MAYORAL MINUTES
Page 2 of 13
Section 3
ORDINARY MEETING MINUTES 16 MAY 2019
4 PETITIONS
1 PETITION: REQUEST FOR COUNCIL TO TAKE ACTION AGAINST PARTY HOUSE
AT 19 CORSAIR CRESCENT SUNRISE BEACH AND TO ADDRESS ADVERSE
CONSEQUENTIAL IMPACTS ON LIVEABILITY IN THIS RESIDENTIAL AREA
Council Resolution
Moved: Cr Wellington
Seconded: Cr Stockwell
That the petition tabled by Cr Wellington requesting that Council take action against the
“party house” at 19 Corsair Crescent Sunrise Beach, based on complaints received and
to address adverse consequential impacts on liveability in this residential area, be
received and referred to the Chief Executive Officer to determine appropriate action.
Carried.
2 PETITION: REQUEST FOR COUNCIL TO EXCLUDE MITTI, KAREELA AND
PANDANUS STREETS, LITTLE COVE, NOOSA HEADS FROM THE PROPOSED
SMALL SCALE VISITOR ACCOMMODATION ZONE IN THE NEW PLANNING
SCHEME AND INTRODUCE REGULATIONS THAT SPECIFICALLY PROHIBIT
SHORT TERM RENTALS IN THIS AREA
Council Resolution
Moved: Cr Wellington
Seconded: Cr Pardon
That the petition tabled by Cr Wellington requesting that Council exclude Mitti, Kareela
and Pandanus streets, Little Cove, Noosa Heads from the proposed small scale visitor
accommodation zone in the New Planning Scheme and introduce regulations that
specifically prohibit short term rentals in this area, be received and referred to the Chief
Executive Officer to determine appropriate action.
Carried.
3 PETITION: REQUEST FOR COUNCIL TO IMPROVE ACOUSTICS IN ART
GALLERIES
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That the petition tabled by Cr Wellington requesting that Council improve poor acoustics
in Council’s gallery spaces, be received and referred to the Chief Executive Officer to
determine appropriate action.
Carried.
5 NOTIFIED MOTIONS
Nil.
Page 3 of 13
Section 4
ORDINARY MEETING MINUTES 16 MAY 2019
6 CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
7 MAY 2019 - Crs Brian Stockwell (Chair), Jess Glasgow, Ingrid Jackson and Tony Wellington
Other Councillors in attendance: Crs Frank Pardon and Frank Wilkie
4 UPDATE ON YUROL / RINGTAIL ENVIRONMENTAL PROJECT
Council Resolution
Moved: Cr Wellington
Seconded: Cr Wilkie
That Council note the report by the Chief Executive Officer to the Planning & Environment
Committee Meeting dated 7 May 2019 and note the positive progress in the implementation of
the Yurol / Ringtail Environmental Project.
Carried.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Glasgow
The Planning & Environment Committee recommendations dated 7 May 2019 be adopted except
where dealt with or held over by separate resolution.
Carried.
1 MCU18/0114 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION, AMUSEMENT &
FITNESS - (GYM) AT 33 RENE STREET, NOOSAVILLE
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 regarding Application No. MCU18/0114 for a
Development Permit for Material Change of Use - Entertainment & Dining Type 2 Recreation,
Amusement & Fitness (Gym) situated at 33 Rene St, Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with, and then compliance maintained at all times while the use continues.
Approved Plans
2. Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are listed in the
following table unless otherwise amended by these conditions.
Plan Rev. Plan/Document Name Date
No.
A103 A05 Site Plan, drawn by Collins Building Designs 28.03.2019
A105 A05 Ground Floor Plan, drawn by Collins Building Designs 28.03.2019
Page 4 of 13
Section 5
ORDINARY MEETING MINUTES 16 MAY 2019
Plan Rev. Plan/Document Name Date
No.
A106 A05 Vehicle Manoeuvrability Plan, drawn by Collins Building Designs 28.03.2019
A107 A05 Upper Floor Plan, drawn by Collins Building Designs 28.03.2019
A201 A05 North & East Elevations, drawn by Collins Building Designs 28.03.2019
A202 A05 South & West Elevations, drawn by Collins Building Designs 28.03.2019
Nature and Extent of Approved Use
3. Classes must have a minimum 15 minute break between the conclusion of a class
and the beginning of the next.
4. Classes must be limited to no more than 8 clients at any one time.
5. The total number of employees on the site at any one time must not exceed 2.
6. The approved use must not operate outside the hours of 5:00am to 7:00pm
Monday to Friday and 6:30am to 9:00am Saturday.
Carparking and Access
7. The 7 client car parking spaces at the rear of the site and the 2 staff car parking
spaces at the front of the site must be line marked and maintained as per the
approved plans, for the life of the development.
Bicycle Parking
8. Bicycle parking must be provided on site for a minimum of 3 bicycle spaces and in
accordance with AS2890.3 Bicycle Parking Facilities. The bicycle spaces may be
located inside the building or in the landscaped area. If located within the
landscaped area, bicycle parking facilities must not appear as a dominating feature
of the site landscaping.
Landscaping
9. A minimum of 15% of the site must be retained as landscaped area.
10. Landscaping of the site is to be carried out in accordance with a Development
Permit for Operational Works. An application for Operational Works must be
submitted to Council within 60 business days of the approval date and must be
carried out on the site within 90 business days of the Operational Works approval
date, unless further agreed in writing by Council. The landscaped areas must be
in accordance with the approved site plan and Planning Scheme Policy PSP03
Landscaping plants and guidelines.
Noise
11. Noise nuisance beyond the boundary of the site shall not exceed the levels
specified in Table 1 and 2.
Table 1 – Monday to Friday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD Noise level at a residential place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
5am – 7am Inaudible
7am – 7pm Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
5am – 7am Background noise level plus 8 dB(A)
7am – 7pm Background noise level plus 10 dB(A)
Page 5 of 13
Section 6
ORDINARY MEETING MINUTES 16 MAY 2019
Table 2 - Saturday
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD Noise level at a residential place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
6:30am – 7am Inaudible
7am – 9am Background noise level plus 5 dB(A)
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD Noise level at a commercial place measured as the adjusted
maximum sound pressure level (Lamax, adj,T)
6:30am – 7am Background noise level plus 8 dB(A)
7am – 9am Background noise level plus 10 dB(A)
Amenity
12. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the area by reason of the creation of
excessive noise, lighting nuisance or other emissions.
Advertising Signage
13. Any advertising sign or device must comply with Council’s policies on advertising.
B. Find the following are sufficient grounds to justify the decision despite the conflict with
the Planning Scheme:
1. Gyms (fitness centres) are generally floor area intensive and require tenancies that
are most readily found in the Industrial Zone;
2. Some sport and recreational uses are accepted in the Industry zone given the
limited potential impacts of sport and recreation uses; and
3. The fitness centre is of a similar size and scale to other approved Entertainment &
Dining Business’s Type 2 within the Noosaville Industrial area.
C. Advise the applicant that the existing unapproved building addition along the northern
boundary must be removed to provide access to the rear carpark, within 90 business
days of the Operational Works approval date, unless further agreed in writing by Council.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
2 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
due to the significance of the issue.
3 NOOSA SUSTAINABILITY INSTITUTE - STAGE 1 REPORT
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
5 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE - 3RD
QUARTER 2018-19
That Council note the report by the Director Environment and Sustainable Development to the
Planning and Environment Committee Meeting dated 7 May 2019 providing an update on
operations of the Environment and Sustainable Development Department for the period 1
January to 31 March 2019.
Page 6 of 13
Section 7
ORDINARY MEETING MINUTES 16 MAY 2019
SERVICES & ORGANISATION COMMITTEE RECOMMENDATIONS
7 MAY 2019 – Crs Joe Jurisevic (Chair), Frank Pardon, Tony Wellington & Frank Wilkie
Other Councillors in attendance: Nil
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The Services & Organisation Committee recommendations dated 7 May 2019 be adopted.
Carried.
1 TOURISM NOOSA SPONSORED EVENTS 2019-20 - TEMPORARY EVENT PERMIT
APPROVALS
That Council note the report by the Property Manager to the Services & Organisation
Committee Meeting dated 7 May 2019 and:
A. Note the list of events provided by Tourism Noosa proposed for conditional sponsorship
in Attachment 1 to this report to 31 July 2020 which is a requirement of the funding
agreement between Council and Tourism Noosa;
B. Provide in-principle approval of those events subject to each event submitting a
Temporary Event Application, satisfactory assessment and provision of appropriate
permit conditions to manage each event;
C. Not provide in-principle approval for the Maze Art Street Village 2019 event or the Beach
Club 2019 event but consider these events at a later date subject to each receiving
stakeholder support from the Hastings Street Association; and
D. Note event applications received within 4 months of the proposed event commencement
date will be charged additional administrative fees relating to the necessary resourcing
impact resulting from the reduction in the timeframe for application assessment.
2 NAMING OF THE NOOSA BOTANIC GARDENS SHADE HOUSE
That Council note the report by the Project Support Officer to the Services & Organisation
Committee Meeting dated 7 May 2019 and agreed to name the Noosa Botanic Gardens shade
house the “Noosa Botanic Shade Garden”.
3 OPERATIONAL PLAN PROGRESS REPORT - 3RD QUARTER 2018-19
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 7 May 2019 providing an update on progress with the
implementation of the Operational Plan to 31 March 2019 and details of Council’s Key
Performance Indicators.
4 CORPORATE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2018-19
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 7 May 2019 providing an update on operations of the Corporate
Services Department for the period 1 January to 31 March 2019.
Page 7 of 13
Section 8
ORDINARY MEETING MINUTES 16 MAY 2019
5 COMMUNITY SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2018-19
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 7 May 2019 providing an update on the operations of
the Community Services Department for the period 1 January to 31 March 2019.
6 CAPITAL PROGRAM DELIVERY STATUS - 3RD QUARTER 2018-19
That Council note the report by the Asset Planning Manager to the Services & Organisation
Committee Meeting dated 7 May 2019 providing an update on the projects being delivered
throughout the 2018/19 Capital Program.
7 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2018-2019
That Council note the report by the Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 7 May 2019 providing an update on operations of the
Infrastructure Services Department for the period 1 January to 31 March 2019.
8 EXECUTIVE SERVICES DEPARTMENT UPDATE - 3RD QUARTER 2018-19
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 7 May 2019 providing an update on operations of the Executive
Services Department for the period 1 January to 31 March 2019.
Page 8 of 13
Section 9
ORDINARY MEETING MINUTES 16 MAY 2019
GENERAL COMMITTEE RECOMMENDATIONS
13 May 2019 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Frank Pardon, Brian
Stockwell and Tony Wellington
Apology: Cr Joe Jurisevic
1 PROPOSED LOCAL LAW AMENDMENTS - ADVERTISING DEVICES
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
That Council note the report by the Principal Strategic Planner to the Planning & Environment
Committee Meeting dated 7 May 2019 and resolve:
A. In accordance with Section 29 of the Local Government Act 2009 (“the Act”), to propose
to make:
i. Administration (Amendment) Local Law (No.1) 2019 contained in Attachment 1;
and
ii. Administration and Other Subordinate Local Law (Amendment) Subordinate Local
Law (No. 1) 2019 contained in Attachment 2, subject to the following changes:
a) that Schedule 10.5 (b) be amended as follows:
(b) if the premises on which the advertising device is installed is a
shopping centre, the sign face area of all advertising devices on the
shopping centre must not exceed whichever is the lesser of –
(i) a combination of –
(A) if the building comprising the shopping centre has 1 or
more street front boundaries – 10m2 for each shopping
centre building façade with a direct street frontage; and
(B) if the building comprising the shopping centre has 1 or
more off-street parking areas – 10m2 for each shopping
centre building façade with an off-street parking area; and
(ii) a combination of –
(A) if the building comprising the shopping centre has 1 or
more street front boundaries – 0.75m2 per linear
metre for each shopping centre building façade with a
direct street frontage; and
(B) if the building comprising the shopping centre has 1 or
more off-street parking areas – 0.75m2 per linear metre of
the boundary of each shopping centre building façade
which abuts an off-street parking area: and
b) retain the maximum sign face area of 4sqm for individual advertising devices
throughout Noosa Shire, regardless of zone or location.
B. To delegate authority to the Chief Executive Officer to make the consequential and
clarification changes to Administration and Other Subordinate Local Law (Amendment)
Subordinate Local Law (No. 1) 2019 prior to consultation with state government agencies
and public notification;
C. In accordance with Council’s Local Law Making Process Policy:
Page 9 of 13
Section 10
ORDINARY MEETING MINUTES 16 MAY 2019
i. to consult with the public about the proposed local law amendments contained in
Attachment 1 and subordinate local law amendments contained in Attachment 2
as required by the Policy; and
ii. to consult with relevant state government agencies on proposed Administration
(Amendment) Local Law (No.1) 2019 and delegate authority to the Chief Executive
Officer to make changes in response to state comments;
D. In accordance with Section 257 of the Act to delegate to the Chief Executive Officer its
powers under section 38 of the Act and section 15 of the Local Government Regulation
2012 to decide—
i. how the public interest test of the local law and subordinate local law outlined in
the schedule contained in Attachment 3 is to be conducted; and
ii. the matters with which the public interest test report in relation to the local law and
subordinate local law outlined in the schedule must deal; and
iii. the consultation process for the public interest test and how the process is to be
used in the public interest test.
Cr Jackson called for a division on the voting. The motion was carried 5/1.
For: Crs Wilkie, Pardon, Stockwell, Wellington and Glasgow
Against: Cr Jackson
6 QUEENSLAND TREASURY CORPORATION REVIEW OF COUNCIL LIQUIDITY
Moved: Cr Stockwell
Seconded: Cr Pardon
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 May 2019 regarding liquidity review outcomes, and authorise the CEO to
apply to QTC to undertake a $10 million debt repayment by 30 June 2019.
Carried.
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Glasgow
The General Committee recommendations dated 13 May 2019 be adopted except where dealt with
or held over by separate resolution.
Carried.
2 NOOSA SUSTAINABILITY INSTITUTE - STAGE 1 REPORT
That Council note the report by the Director Environment & Sustainable Development to the
Planning & Environment Committee Meeting dated 7 May 2019 and:
A. Note the Stage 1 report undertaken by CSIRO titled ‘Noosa Sustainability Institute -
Defining a World Class Sustainability Research Institute in Noosa - Options and Potential
Structures’ (provided as Attachment 1) and the Addendum to the report summarising
local examples of sustainability focussed organisations, action and research (provided
as Attachment 2);
Page 10 of 13
Section 11
ORDINARY MEETING MINUTES 16 MAY 2019
B. Endorse advancing this concept through the identification of existing sustainability
activity, research and action including consideration of establishing a portal/repository
for research and outcomes and creating a network across all those already in the space;
C. Undertake further engagement and consultation with key local organisations, institutes,
community members and experts in this space to advance the idea and further identify
activity and research that should be captured; and
D. Report back to Council at a future meeting on progress and potential next steps.
3. MCU18 0165 REQUEST FOR NEGOTIATED DECISION NOTICE FOR MULTIPLE
HOUSING - TYPE 4 CONVENTIONAL (17 DWELLING UNITS) AT 25 KAURI STREET
COOROY
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 13 May 2019 regarding representations made to Development Approval No.
MCU18/0165 for Multiple Housing - Type 4 Conventional situated at 25 Kauri St Cooroy and:
A. Agree to change conditions 21 and 29 as follows:
21. The full length of the Kauri Street and Olivine Street frontages of the development
site must be upgraded by providing kerb & channel, bitumen road widening,
stormwater structures and landscaping improvements to the footpath in
accordance with an Operational Works approval. The works must include but are
not limited to the following:
21.1. In regard to the Kauri Street frontage, the new kerb and channel must be
aligned so that it is offset 8 metres from the existing kerb and channel on the
western side of Kauri Street measured from the nominal face of the kerb. The
new works must be extended to the north of the subject site and be generally
in accordance with drawing number 2018068 – Dwg 04 of 24 titled External
Works Layout Plan dated March 2019 prepared by 360 Civil Consulting and
join smoothly with the existing formation.
21.2. In regard to the Olivine Street frontage the new kerb and channel must be
aligned at about 12m offset from and parallel to the property boundary and
must extend for the full frontage of the subject site. The works shall include
suitable tapers extending beyond the frontage of the subject site to smoothly
join to the existing pavement.
21.3. The works (Kauri Street, Olivine Street and the intersection) must include
suitable drainage structures and stormwater collection to ensure that runoff
from the road formation is collected, controlled and directed to ensure that
the roadway is safely trafficable and must be in compliance with the relevant
sections of the Queensland Urban Drainage Manual (QUDM).
21.4. As part of the application for operational works, the developer’s civil
engineering consultant shall investigate and report on the possible
deficiencies in the existing stormwater system, to the western end of Agate
Street and including inspection by closed circuit television (CCTV) of the
existing stormwater system. The developer is required to rectify any deficient
stormwater pipes or structures extending from the development frontage
down to and including the manhole downstream of the 600x1200 box culvert
which crosses Kauri Street.
21.5. The design and construction of all works shall be carried out in accordance
with Council’s Planning Scheme Policy PSP05 – Engineering Design
Standards – Roads, Drainage and Earthworks and the applicable
engineering standards current at the time of construction. The above
Page 11 of 13
Section 12
ORDINARY MEETING MINUTES 16 MAY 2019
condition is imposed pursuant to s145 of the Planning Act 2016 being non-
trunk infrastructure.
29. A CCTV inspection must be carried out by a Council approved CCTV contractor
upon satisfactory completion of construction works that are to become a Council
asset. The developer will be responsible for the full cost of CCTV inspection,
including any additional inspection necessary following defect identification and
rectification.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
4. PLANNING & ENVIRONMENT COURT APPEAL NO 4339 OF 2018 - DEVELOPMENT
APPROVAL FOR OPERATIONAL WORKS (SIGNAGE) OPW18/163 AT 140-142 EUMUNDI
NOOSA ROAD, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the General
Committee Meeting dated 13 May 2019 regarding Planning & Environment Court Appeal No.
4339 of 2018 and agree to settle the appeal generally in accordance with the amended
conditions set out in Attachment 2.
5. FINANCIAL PERFORMANCE REPORT - APRIL 2019
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 13 May 2019 outlining April 2019 year to date financial performance against
budget.
Page 12 of 13
Section 13
ORDINARY MEETING MINUTES 16 MAY 2019
7 ORDINARY MEETING REPORTS
Document i nformati on
1 UPDATE ON PROPOSED FLIGHT PATH CHANGES FOR SUNSHINE COAST AIRPORT
Document i nformati on
Council Resolution
Moved: Cr Glasgow
Seconded: Cr Stockwell
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 16
May 2019 in relation to the proposed flight path changes for the Sunshine Coast Airport and:
A. Note the update from the Chief Executive Officer on actions taken as a result of the
Council decision in April 2019 on this issue; and
B. Support the Statement of Intent proposed by Flight Path Forum Inc. as set out in
Attachment 1 to the report and request the Chief Executive Officer to take the necessary
action to pursue that outcome including making submissions to Airservices Australia and
the Aircraft Noise Ombudsman.
Carried.
8 CLOSED SESSION
Nil
9 NEXT MEETING
The next Ordinary Meeting will be held on 20 June 2019 at Council Chambers,
9 Pelican Street, Tewantin commencing at 6pm.
10 MEETING CLOSURE
The meeting closed at 6.57pm.
Page 13 of 13