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                       AGENDA


            Ordinary Meeting


           Thursday 21 October, 2021

                    commencing at 5pm
           Council Chambers, 9 Pelican Street, Tewantin




Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie



                    “Noosa Shire – different by nature”
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Section 2

ORDINARY MEETING AGENDA                                     21 OCTOBER 2021


TABLE OF CONTENTS

ITEM                                                                   PAGE

1      ATTENDANCE & APOLOGIES                                              3

2      CONFIRMATION OF MINUTES                                             3

3      MAYORAL MINUTES                                                     3

4      PETITIONS                                                           3

5      NOTIFIED MOTIONS                                                    3

6      PRESENTATIONS                                                       3

7      DEPUTATIONS                                                         3

8      CONSIDERATION OF COMMITTEE REPORTS                                  4

       1   PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 OCTOBER
           2021                                                            4

       2   SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 OCTOBER
           2021                                                            8

       3   GENERAL COMMITTEE MEETING REPORT – 18 OCTOBER 2021              10

9      ORDINARY MEETING REPORTS                                            29

10     CLOSED SESSION                                                29

11     PUBLIC QUESTION TIME                                                29

12     NEXT MEETING                                                        29

13     MEETING CLOSURE                                                     29




                                                                 Page 2 of 29

Section 3

ORDINARY MEETING AGENDA                                                   21 OCTOBER 2021



1   ATTENDANCE & APOLOGIES




2   CONFIRMATION OF MINUTES

    The Minutes of the Ordinary Meeting held on 16 September 2021 be received and confirmed.


    The Minutes of the Special Meeting held on 8 October 2021 be received and confirmed.




3   MAYORAL MINUTES




4   PETITIONS




5   NOTIFIED MOTIONS

    Nil.




6   PRESENTATIONS

    Nil.




7   DEPUTATIONS

    Nil.




                                                                                Page 3 of 29

Section 4

ORDINARY MEETING AGENDA                                                     21 OCTOBER 2021


8    CONSIDERATION OF COMMITTEE REPORTS


1    PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 12 OCTOBER 2021

ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart

Cr Lorentson (non-Committee Councillor – for reports 1, 3-7, 9-10)

EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development
T Grauf, Acting Director Corporate Services (for report 1-2)


COMMITTEE RECOMMENDATIONS TO COUNCIL


1    CLIMATE CHANGE RESPONSE PLAN                    COMMUNITY       REFERENCE      GROUP     –
     EXPRESSION OF INTEREST OUTCOME
     That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
     due to the significance of the issue.


2    PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
     ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
     That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
     due to the significance of the issue.


3    51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
     DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
     That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
     due to the significance of the issue.


4    MCU18/0009.04 - MINOR CHANGE TO DEVELOPMENT APPROVAL FOR MATERIAL
     CHANGE OF USE - MULTIPLE HOUSING –TYPE 3 RETIREMENT & SPECIAL NEEDS AT
     186 COOROY-NOOSA ROAD & 4 CARRAMAR ST, TEWANTIN
     That Council note the report by the Development Planner to the Planning & Environment
     Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0009.04 for a
     Minor Change to a Development Permit for Material Change of Use - Residential Care Facility
     situated at 186 Cooroy Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
     A.    Approve the change.
     B.    Amend condition 1 to read as follows:

                                                                                   Page 4 of 29

Section 5

ORDINARY MEETING AGENDA                                                           21 OCTOBER 2021


         1.   Development undertaken in accordance with this approval must generally comply
              with the approved plans of development. The approved plans are listed in the
              following table unless otherwise amended by these conditions.
          Plan No.   Rev.    Plan/Document Name                                       Date
          A101A              Existing Part Site Plan by Middap Architecture           Feb 2019
          A102A              Proposed Site Works Plan by Middap Architecture          Feb 2019
          A103B      B       Proposed Building Plan by Middap Architecture            Feb 2019
          A104B      B       Site Plan with Section and Elevation References by       18.03.2019
                             Middap Architecture

          A105B      B       Site Elevations by Middap Architecture                   18.03.2019
          A106B      B       Typical Villa Sections by Middap Architecture            18.03.2019
          A201B      B       Villas and Service Core Floor and Roof Plan by Middap    18.03.2019
                             Architecture

          A202B      B       Proposed Villas and Service Core 3D Views by Middap      18.03.2019
                             Architecture

          A203A              Proposed Entry Building Floor and Roof Plan by Middap    18.03.2019
                             Architecture

          A204A              Proposed Entry Building Elevations and 3D Views by       18.03.2019
                             Middap Architecture

          A205B      B       Proposed Villa 1 and 2 Floor and Roof Plan by Middap     18.03.2019
                             Architecture

          A206B      B       Proposed Villa 1 and 2 Elevation and 3D Views by         18.03.2019
                             Middap Architecture

          A207A              Proposed Villa 3 and 4 Floor and Roof Plan by Middap     18.03.2019
                             Architecture
          A208A              Proposed Villa 3 and 4 Elevation and 3D Views by         18.03.2019
                             Middap Architecture
          1                  PART SITE PLAN                                           Received by
                                                                                      Council on
                                                                                      03.04.2020
          2                  BOUNDARY ELEVATION                                       Received by
                                                                                      Council on
                                                                                      03.04.2020
          1714-20    I       Design Features Plan 1 of 7 by Callaghan & Toth Civil,   November
                             Environmental & Hydraulic Engineers                      2020

          1714-27    I       Design Setout Plan 1 of 6 by Callaghan & Toth Civil,     November
                             Environmental & Hydraulic Engineers                      2020

          16519-     D       Proposed Permanent and Event Day Parking prepared by 08.09.20
          C101               TOD Engineers & Project Managers as amended in red
                             by Council
          CD01 P4            Site Plan, prepared by Middap Architecture               March 2019
          CD 02 -            Floor Plan, prepared by Middap Architecture              July 2021
          P4

    C.   Include additional Conditions 55, 56 and 57 to read as follows:
         Sunset period for temporary staff accommodation.


                                                                                       Page 5 of 29

Section 6

ORDINARY MEETING AGENDA                                                                  21 OCTOBER 2021


          55.    This development approval for 2 temporary accommodation units lapses on 21
                 October 2026, unless an application to extend the approval is approved by Council.
          56.    The 2 temporary accommodation units must be for the primary use of staff of the
                 residential care facility.
          57.    The 2 temporary staff accommodation units must be connected to the approved
                 stormwater water management system on site. An updated stormwater
                 management plan incorporating the units must be submitted to Council prior to the
                 issue of a Building approval.
    D.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


5   MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
    DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
    OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION, SITUATED AT
    1 & 2/10 HILL ST SUNSHINE BEACH INFORMATION
    That Planning & Environment Committee Agenda Item 5 be referred to the General Committee
    for further consideration.


6   MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
    APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT TERM
    ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES, SUNSHINE BEACH
    That Planning & Environment Committee Agenda Item 6 be referred to the General Committee
    for further consideration.


7   RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A JIRRIMA
    CRES, COOROIBAH
    That Planning & Environment Committee Agenda Item 7 be referred to the General Committee
    due to the significance of the issue.


8   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – AUGUST 2021
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
    declaration to the meeting of a prescribed conflict of interest in this matter:
    I, Cr Stockwell, inform the meeting that I have a prescribed conflict of interest in this matter in regard to
    Item 1, Application ID 51986.3023.03 by Natani Design Pty Ltd. In April 2021 I engaged Natani Design
    Pty Ltd to design my private residence at Boreen Point for an amount of $4,510. This arrangement is
    currently active. As a result of my conflict of interest, I will now leave the meeting room while the matter
    is considered and voted on.

    In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter as I have a
    close personal relationship with Craig Anthony Tindale and Michelle Tindale listed in the report at Item
    99, Application No. SPS21/0247; and Sean Patrick Hunt and Kirsten Renee Schacht listed in the report
    at Item 109, Application ID SPS21/0262. Although I have a declarable conflict of Interest. I do not
    believe a reasonable person could have a perception of bias because I believe Council’s consideration
    of these applications are not to approve or reject them, they are only for noting that a decision has
    already been made by staff. Therefore, I will choose to remain in the meeting room. However, I will
    respect the decision of the meeting on whether I can remain in and participate in the decision.

                                                                                                 Page 6 of 29

Section 7

ORDINARY MEETING AGENDA                                                                 21 OCTOBER 2021


     In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter due to my
     association with Andrew James St Baker, listed in the report at Item 110, Application No. SPS21/0263.
     I am a surfboard manufacturer and Mr St Baker is an owner of Thomas Surfboards and the Thomas
     Factory. I believe Mr. St Baker has had a fantastic influence on manufacturing in Noosa. In Council I
     have often congratulated the Thomas Factory and I have discussed the emerging Enterprise Business
     Zones which Mr. St Baker supports. During the Campaign Mr. St Baker allowed me to put an election
     core flute at the Thomas Surfboard Factory. I occasionally meet Mr. St Baker in the surf and have had
     two discussions of the Noosa Biosphere, the history of Noosa and the Bring Back the Fish campaign at
     his house, which is right above the surf break. Although I have a declarable conflict of interest, I do not
     believe a reasonable person could have a perception of bias because I believe I do not have a close
     personal relationship with Mr St Baker and Council’s consideration of this application is not to approve
     or reject it, only for noting that a decision has already been made by staff. Therefore, I will choose to
     remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain
     in and participate in the decision.

     That Council note the report by the Development Assessment Manger to the Planning &
     Environment Committee Meeting dated 12 October 2021 regarding planning applications that
     have been decided by delegated authority.


9    DEVELOPMENT ASSESSMENT FEES & CHARGES VARIATIONS FOR 1 JANUARY TO
     30 JUNE 2021
     That Council note the report by the Manger Development Assessment to Planning &
     Environment Committee Meeting dated 12 October 2021 regarding waiver or partial waiver of
     development application fees for 1 January to 30 June 2021 as detailed in the Report


10   PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
     That Planning & Environment Committee Agenda Item 10 be referred to the General
     Committee due to the significance of the issue.




Committee Recommendation

That the report of the Planning & Environment Committee dated 12 October 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                                Page 7 of 29

Section 8

ORDINARY MEETING AGENDA                                                            21 OCTOBER 2021


2     SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 12 OCTOBER 2021


ATTENDANCE & APOLOGIES

COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Frank Wilkie

Cr Tom Wegener (non-Committee Councillor)
Cr Karen Finzel (non-Committee Councillor)

EXECUTIVE
B de Chastel, Chief Executive Officer
T Grauf, Acting Director Corporate Services (for reports 5 and 6)
L Sengstock, Director Infrastructure Services
K Contini, Director Community Services (for report 6)

APOLOGIES
Nil


COMMITTEE RECOMMENDATIONS TO COUNCIL


1     NOOSA FM LEASE AT THE J
      That Council note the report by the Community Facilities Manager to the Services &
      Organisation Committee Meeting dated 12 October 2021 and:
      A.   Authorise the Chief Executive Officer to extinguish the current Noosa FM lease at The J;
           and
      B.   Authorise the Chief Executive Officer to enter into negotiations with Noosa FM for a new
           3-year lease at The J with an option of two further 3-year lease terms (in accordance
           with the Community Purpose Land and Infrastructure Tenure Policy) at Council’s sole
           discretion; and
      C.   Apply the exception to the requirement for tendering of the lease under Section 236 (1)
           (b) (ii) of the Local Government Regulation 2012, as the lease is to a community
           organisation.


2     CONTRACT NO. T000047 PAVEMENT MARKING SERVICES - TENDER AWARD
      That Council note the report by the Acting Civil Operations Manager to the Services &
      Organisation Committee Meeting dated 12 October 2021 and
      A.   Award Contract No. T000047 for the provision of Pavement Marking Services to Cook
           Family Holdings Pty Ltd ATF The Cook Family Trust t/as Suncoast Roadmarking for a
           period of two (2) years commencing on 31 October 2021; and
      B.   Subject to satisfactory performance by Cook Family Holdings Pty Ltd ATF The Cook
           Family Trust t/as Suncoast Roadmarking, authorise the CEO to approve the option to
           extend the contract at the expiry of the first two (2) year term for a further three (3) terms
           of up to 12 months each ending 31 October 2024 2026.

                                                                                          Page 8 of 29

Section 9

ORDINARY MEETING AGENDA                                                              21 OCTOBER 2021


3    CONTRACT NO. T000048 TRAFFIC CONTROL SERVICES - TENDER AWARD
     That Council note the report by the Acting Civil Operations Manager to the Services &
     Organisation Committee Meeting dated 12 October 2021 and
     A.    Award Contract No. T000048 for the provision of Traffic Control Services to Traffic
           Management People Pty Ltd ATF the Abrahamson Family Trust for a period of two (2)
           years commencing on 31 October 2021; and
     B.    Subject to satisfactory performance by Traffic Management People Pty Ltd ATF the
           Abrahamson Family Trust, authorise the CEO to approve the option to extend the
           contract at the expiry of the first two (2) year term for a further three (3) terms of up to 12
           months each ending 31 October 2024 2026.


4    COUNCIL MEETING SCHEDULE 2022
     That Council note the report by the Chief Executive Officer to the Services & Organisation
     Committee Meeting dated 12 October 2021 and approve the Council meeting dates for 2022
     as set out in Attachment 1 to the report.


5    NOOSA SHIRE COUNCIL SOLE AND SPECIALISED SUPPLIER LISTS
     In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
     declaration to the meeting of a declarable conflict of interest in this matter:
     I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
     husband is the General Manager of Page Furnishers Pty Ltd listed as No. 20 on the Specialist Suppliers
     List. Although I have a declarable conflict of interest and I do not believe a reasonable person could
     have a perception of bias, I will leave the room for the meeting for the debate and discussion on this
     matter.
     That Council note the report by the Procurement & Contracts Advisor to the Services &
     Organisation Committee Meeting dated 12 October 2021 and
     A.    Adopt the Sole Supplier list provided at Attachment 1 to the report for the next twelve
           (12) months; and
     B.    Adopt the Specialised Supplier list provided at 2 to the report for the next twelve (12)
           months.


6    WASTE MANAGEMENT - 6 MONTHLY REPORT JANUARY-JUNE 2021
     That Council note the report by the Waste Manager to the Services and Organisation
     Committee meeting dated 12 October 2021, providing an update on the activities of the Waste
     section for January to June 2021.




Committee Recommendation
That the report of the Services & Organisation Committee dated 12 October 2021 be received and
the recommendations therein be adopted except where dealt with by separate resolution.




                                                                                            Page 9 of 29

Section 10

ORDINARY MEETING AGENDA                                                                  21 OCTOBER 2021


3     GENERAL COMMITTEE MEETING REPORT – 18 OCTOBER 2021


ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener

EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment & Sustainable Development
L Sengstock, Director Infrastructure Services
T Grauf, Acting Director Corporate Services

APOLOGIES
Nil

COMMITTEE RECOMMENDATIONS TO COUNCIL

1     CLIMATE CHANGE RESPONSE PLAN                           COMMUNITY          REFERENCE          GROUP       –
      EXPRESSION OF INTEREST OUTCOME
      In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
      declaration to the meeting of a declarable conflict of interest in this matter:
      I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
      brother, Gabriel Cerasani is a member of the executive committee of the Eastern Beaches Protection
      Association Inc. During my election campaign my brother helped me with my campaign, handed out
      voting cards and two of my election signs were outside his property on David Low Way. The Eastern
      Beaches Protection Association have nominated a representative to be a member of the Climate
      Change Response Plan Community Reference Group. I believe I can consider this matter impartially
      and in the public interest. Therefore, I will choose to remain in the meeting room. However, I will respect
      the decision of the meeting on whether I can remain and participate in the decision without voting
      regarding this matter.

      In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following
      declaration to the meeting of a declarable conflict of interest in this matter:
      I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March
      2020, Mr Peter Butt who is an Executive Member of the Eastern Beaches Protection Association
      donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a
      group known as 'Future Noosa' (which is no longer an entity). The Eastern Beaches Protection
      Association have nominated a representative to be a member of the Climate Change Response Plan
      Community Reference Group. Although I have a declarable conflict of interest, I do not believe a
      reasonable person could have a perception of bias because I believe that I do not have a close personal
      relationship with Mr Butt and I believe I can consider this matter impartially and in the public interest.
      Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
      meeting on whether I can remain and participate in the decision.




                                                                                                Page 10 of 29

Section 11

ORDINARY MEETING AGENDA                                                                  21 OCTOBER 2021


    That Council note the report by the Carbon Reduction Project Officer to the Planning &
    Environment Committee Meeting dated 12 October 2021 about the Expression of Interest
    process for the Climate Change Response Plan Community Reference Group (CRG.); and
    A.    Appoint Councillor Finzel and Councillor Wilkie as members of the CRG with those
          appointments to be reviewed after 6 months; and
    B.    Appoint the following community representatives to the CRG
     Name                     Sectors represented (as nominated by            Organisation (where
                              the candidate)                                  relevant)
     Carina Anderson          Transport, health                               ZEN Inc
     Shayan Barmand           Natural environment, Community                  Reef Check Australia
                              /households
     Niki Brand               Rural/agriculture
     Sharon Campbell          Health , Community /households
     Madeleine Cleland        Young people, Natural environment
     Natalie Frost            Natural environment                             Sunshine Coast Environment
                                                                              Council
     Ann Gardiner             Transport, Community /households                Cooran Earth Rights
     Brian Hoepper            Education, Community /households                Peregian Beach Community
                                                                              Association
     Matt Harold              Business, Tourism
     Nick Hluszko             Community /households                           Noosa North Shore
                                                                              Association Inc.
     Aaron Jenkins            Business                                        EcoVantage
     Anne Kennedy             Business                                        ZEN Inc
     Pat Rogers               Community /households, Natural                  Eastern Beaches Protection
                              environment                                     Association




2   PROPOSED LOCAL LAW AMENDMENT – SHORT STAY LETTING AND HOME HOSTED
    ACCOMMODATION – PUBLIC CONSULTATION RESULTS AND ADOPTION
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as my
    husband and I own a townhouse at 2/17 Noosa Parade that is being used as STA. Although I have a
    declarable conflict of interest in this item, I believe that the proposed STA Local Laws has significant
    Shire wide implications, including significant amenity impacts for residents of permanent housing and it
    is therefore in the community’s best interest that I remain in the room. In Council’s own Cost Benefit
    Assessment Report for proposed Local Law Amendment STA and Home hosted accommodation it
    states “potential beneficiaries within the Noosa Shire from the proposed local law include 10,610
    residential properties consisting of an estimated 26,525 persons, and as such represent a significant
    portion of the local community. The benefits of the proposed local law on resident health and amenity
    are estimated at $9.65m pa”. Further, I am concerned that if I voluntarily remove myself from this
    process, it will mean a loss of representation for a range of ratepayers who deserve to have their voices
    heard via my representation. I believe that I can consider this matter impartially and in the public interest
    and therefore, I will choose to remain in the meeting room. However, I will respect the decision of the
    meeting on whether I can remain and participate in the decision under whatever conditions my fellow
    Councillors may choose.
    That Council note the report by the Principal Strategic Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 and resolve to:


                                                                                                Page 11 of 29

Section 12

ORDINARY MEETING AGENDA                                                          21 OCTOBER 2021


    A.   Proceed with the making of, and make, Administration (Amendment) Local Law (No. 1)
         2021 (see Attachment 3) as advertised, but amended as follows:
         1.   after section 1 —
              insert—
              ‘1A. Commencement
                     Part 2 commences on 1 February 2022.’.
    B.   Proceed with the making of, and make, Administration (Amendment) Subordinate Local
         Law (No. 1) 2021 (see Attachment 4), as advertised, but amended as follows:
         1.   after section 1—
              insert—
              ‘1A. Commencement
                     Part 2 commences on 1 February 2022.’.
         2.   amendments to Subordinate Local Law, section 5 (Insertion of new sch21A —
              Operation of short stay letting or home hosted accommodation) —
              (a) section 2(b)(v) —
                     omit.
              (b) section 2(b)(vi) to (xii)—
                     renumber as section 2(b)(v) to (xi).
              (c) section 3(d)(i) —
                     omit, insert—
                     ‘(i) a site plan showing the location of all buildings, including any outdoor
                            entertainment area, swimming pool or spa, vehicle parking area and
                            the location of each window and door opening of any adjoining
                            residence; and’.
              (d) section 3(g) —
                     omit, insert—
                     ‘(g) written confirmation that, under the Building Act 1975—
                            (i)       the premises are lawfully constructed; and
                            (ii)      the use of the premises for the prescribed activity is authorised
                            by the classification attributable to the premises; and’.
              (e) section 3(h) after ‘inspector’—
                     insert—
                     ‘and that a current pool safety certificate will be maintained at all times’.
              (f)    section 3(j)(iii), ‘20 minutes travel time (by vehicle)’—
                     omit, insert—
                     ‘a 20 kilometre radius’.
              (g) section 4(e)(ii), ‘residents in the vicinity of the premises’—
                     omit, insert—
                     ‘residents adjoining, or in the vicinity of, the premises’.
              (h) section 4(f), after ‘property manager’—
                     insert—
                     ‘, security firm’.
              (i)    section 4(f)(ii), ‘20 minutes travel time (by vehicle)’—
                     omit, insert—
                     ‘a 20 kilometre radius’.
              (j)    section 6(2)(a), after ‘manager’—

                                                                                       Page 12 of 29

Section 13

ORDINARY MEETING AGENDA                                                     21 OCTOBER 2021


                  insert—
                  ‘, security firm’.
            (k)   section 6(2)(a)(ii), ‘20 minutes travel time (by vehicle)’—
                  omit, insert—
                  ‘a 20 kilometre radius’.
            (l)   section 6(2)(b)(i), ‘contact person’—
                  omit, insert—
                  ‘approval’.
            (m)   section 6(2)(b)(ii), ‘contact person’—
                  omit, insert—
                  ‘approval’.
            (n)   section 6(2)(b)(iii)—
                  omit, insert—
                  ‘(iii) the size of the approval notice must be a minimum and maximum size
                  of 0.2m2; and’.
            (o)   section 6(2)(b)(iv)—
                  omit, insert—
                  ‘(iv) the approval notice must specify, in letters and numbers not less than
                         50mm in height—
                         (A) the current, and up to date, contact details for a complaint; and
                         (B) the approval number allocated by the local government to the
                                 approval for the undertaking of the prescribed activity at the
                                 premises; and’.
            (p)   section 6(2)(c), from ‘make available’ to ‘scheme’—
                  omit, insert—
                  ‘display an approval notice which complies with the requirements specified
                  in subsection (2)(b)(i) to (iv) inclusive’.
            (q)   section 6(3)(a), ‘residents in the vicinity of the premises’—
                  omit, insert—
                  ‘residents adjoining, or in the vicinity of, the premises’.
            (r)   section 6(3)(d), ‘vehicles on the premises’—
                  omit, insert—
                  ‘vehicles, including boats, trailers, jet skis and the like, on the premises’.
            (s)   after section 6(3)(h)(ii)—
                  insert—
                  ‘(iii) if the premises are not provided with a kerb side frontage general waste
                         collection service — ensure that general waste from the premises is
                         removed from the premises and disposed of at a general waste facility;
                         and’.
            (t)   section 6(3)(j), after ‘minimum,’—
                  insert—
                  ‘and for a period of not less than 2 years,’.
            (u)   section 6(3)(k)—
                  (i)    after ‘, must’—
                         insert—
                         ‘, for a period of not less than 2 years,’;


                                                                                 Page 13 of 29

Section 14

ORDINARY MEETING AGENDA                                                      21 OCTOBER 2021


                    (ii)   ‘premises for short stay letting’—
                           omit, insert—
                           ‘premises’;
                    (iii) ‘for short stay letting on’—
                           omit, insert—
                           ‘on’.
               (v) section 6(3)(m)(i)(B), ‘if parking facilities are provided at the premises—‘—
                    omit.
               (w) section 6(3)(m)(ii), after ‘outdoor’—
                    insert—
                    ‘entertainment area,’.
               (x) section 6(3)(m)(ii)(A), ‘residents in the vicinity of the premises’—
                    omit, insert—
                    ‘residents adjoining, or in the vicinity of, the premises’.
               (y) section 7(1), ‘12 months from the date of the approval’—
                    omit, insert—
                    ‘on the next 30th day of June, unless otherwise specified in the approval’.
               (z) section 9, definition contact person, ‘section 4(g)’—
                    omit, insert—
                    ‘section 4(f)’.
               (aa) section 9, ‘contact person’—
                    omit, insert—
                    ‘approval’.
    C.   Note that each of Administration (Amendment) Local Law (No. 1) 2021 and
         Administration (Amendment) Subordinate Local Law (No. 1) 2021 contain anti-
         competitive provisions;
    D.   Having considered the content of the public interest test report in relation to anti-
         competitive provisions contained in each of Administration (Amendment) Local Law (No.
         1) 2021 and Administration (Amendment) Subordinate Local Law (No. 1) 2021, in
         Attachment 7, note the content of the report and implement the recommendations of the
         report;
    E.   Adopt, pursuant to section 32 of the Local Government Act 2009:
         (b)   a consolidated version of Noosa Shire Council Local Law No. 1 (Administration)
               2015 in the form in Attachment 8; and
         (c)   a consolidated version of Subordinate Local Law No. 1 (Administration) 2015 in
               the form in Attachment 9;
         with a commencement date of 1 February 2022;
    F.   Fund the additional costs for 2021/22 year for implementation, administration and
         resource requirements of the short stay letting and home hosted accommodation local
         law through budget review, including:
         (a)   two additional (2) temporary full time local laws assessment and compliance
               officers for a term of 3 years (including one vehicle);
         (b)   establishment of an external 24/7 complaints hotline; and
         (c)   engagement of after-hours security services to observe and record activity at
               properties when required;


                                                                                  Page 14 of 29

Section 15

ORDINARY MEETING AGENDA                                                         21 OCTOBER 2021


    G.   Waive application fees for the 2021/2022 financial year and refer the review of funding
         options and fee structure to the 2022/23 budget process;
    H.   Prepare a dedicated Council webpage including a local laws approval register and
         prepare a “good management of short stay letting” guide;
    I.   Authorise the CEO to make minor amendments to the documents.
    J.   That Council establish a multi-interest stakeholder group for ongoing consultation in
         regard to the management of short term accommodation in the Shire, including
         undertaking a review of the operation of the Short Stay Letting or Home hosted
         accommodation Local Law after 12 months to determine if any changes are needed to
         enhance its operations and that a report be provided to Council for consideration
         following that review.



3   51983.3225.14 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MULTIPLE
    DWELLING UNITS X 25 & 8 SHOPS AT, 30 HASTINGS ST NOOSA HEADS
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 regarding Application No. 51983.3225.14 for an
    Other Change to an existing approval to Town Planning Consent 1632 for 25 x Multiple
    dwelling and 8 shops situated at The Hastings Lot 30/30 and Lots 7 & 11/30 Hastings St Noosa
    Heads and:
    A.   Approve the application.
    B.   Change condition 1 to read as follows:
         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.
          Plan    Rev.    Plan, prepared by                                             Date
          No.
          No.1            Perspectives & Notes, prepared by Accolade Building Designs   22/07/2014
          No.3            Ground Floor & 1st Level, prepared by Accolade Building       22/07/2014
                          Designs
          No.4            Elevations, prepared by Accolade Building Designs             22/07/2014

                                        Approved Plans - October 2015
          Plan     Rev.   Plan, prepared by                                             Date
          No.
          DA       A      Site Plan, prepared by Peter Hull Architect                   Sept 15
          3001
          DA       B      Floor Plans, prepared by Peter Hull Architect                 Sept 15
          3002
          DA       A      Ground Floor and Carport Plan, prepared by Peter Hull         Sept 15
          3004            Architect
          DA       B      Sections, prepared by Peter Hull Architect                    Sept 15
          4001
          DA       B      Elevations, prepared by Peter Hull Architect                  Sept 15
          5001



                                                                                        Page 15 of 29

Section 16

ORDINARY MEETING AGENDA                                                       21 OCTOBER 2021


                                    Approved Plans – March 2016
        Plan   Rev.   Plan, prepared by                                                Date
        No.
                      GRND FLR – Proposed (Unit 14), prepared by LPID                  14/10/2015
                      Elevation (Unit 14) – East Facing (Street Frontage), prepared    14/10/2015
                      by LPID
                      Elevation – North Facing (Unit 14), prepared by LPID             14/10/2015
                      Elevation – South Facing (Unit 14), prepared by LPID             14/10/2015
                      Elevation – West Facing (Unit 14), prepared by LPID              14/10/2015
                      3D Views – Exterior (Unit 14), prepared by LPID                  14/10/2015
                      GRND FLR – Proposed (Unit 25), prepared by LPID                  14/10/2015
                      Elevation (Unit 25) – South View, prepared by LPID               14/10/2015
                      Elevation – East (Unit 25), prepared by LPID                     14/10/2015
                      Elevation – West (Unit 25), prepared by LPID                     14/10/2015
                      Elevation – North (Unit 25), prepared by LPID                    14/10/2015
                      3D Views – Exterior (Unit 25), prepared by LPID                  14/10/2015

                                     Approved plans – May 2016
        Plan   Rev.   Plan, prepared by                                                Date
        No.
        DA.0   B      Location Plan prepared by Bark Design Architects                 26/02/2016
        1
        DA.0   C      Site Plan prepared by Bark Design Architects                     23/02/2016
        2
        DA.0   C      Ground Floor Plan prepared by Bark Design Architects             23/02/2016
        4
        DA.0   C      First Floor Plan prepared by Bark Design Architects              23/02/2016
        5
        DA.0   C      Second Floor Plan prepared by Bark Design Architects             23/02/2016
        6
        DA.0   C      Roof Terrace Plan prepared by Bark Design Architects             23/02/2016
        7
        DA.1   B      South Elevation prepared by Bark Design Architects               26/02/2016
        1
        DA.1   B      East Elevation prepared by Bark Design Architects                26/02/2016
        2
        DA.1   B      North Elevation prepared by Bark Design Architects               26/02/2016
        3
        DA.1   B      West Elevation prepared by Bark Design Architects                26/02/2016
        4

                                Approved plans – March 2017 Unit 20
        Plan No.      Plan, prepared by                                               Date
        1016HMK       3D rendering, prepared by Accolade Building Designs             23 March 2017
        Sheet 1
        1016HMK       Floor Plans, prepared by Accolade Building Designs              23 March 2017
        Sheet 2
        1016HMK       Ground Floor plan, prepared by Accolade Building Designs        23 March 2017
        Sheet 3

                                                                                      Page 16 of 29

Section 17

ORDINARY MEETING AGENDA                                                       21 OCTOBER 2021


        1016HMK        Elevations, prepared by Accolade Building Designs            23 March 2017
        Sheet 4

                                  Approved plans – April 2017 Unit 13
        Plan, prepared by                                                          Date
        Site plan, prepared by Mandy’s Design and Drafting                         March 2017
        Proposed floor plan, prepared by Mandy’s Design and Drafting               March 2017
        Elevations, prepared by Mandy’s Design and Drafting                        March 2017

                                 Approved plans – August 2017 Unit 20
        Plan No.       Plan, prepared by                                           Date
        1016HMK        3D rendering, prepared by Accolade Building Designs         23 March 2017
        Sheet 1
        1016HMK        Floor Plans, prepared by Accolade Building Designs          23 March 2017
        Sheet 2
        1016HMK        Ground Floor plan, prepared by Accolade Building Designs    23 March 2017
        Sheet 3
        1016HMK        Elevations, prepared by Accolade Building Designs           23 March 2017
        Sheet 4

                                 Approved plans – August 2017 Unit 5
        Plan No.       Rev.                                                        Plan,   prepared
                                                                                   by
        Sheet 1 of 4   Site Plan, prepared by Mandy’s Design and Drafting          July 2017
        Issue A
        Sheet 2 of 4   Existing Floor Plans, prepared by Mandy’s Design and        July 2017
        Issue A        Drafting
        Sheet 3 of 4   Proposed floor plan, prepared by Mandy’s Design and         July 2017
        Issue A        Drafting
        Sheet 4 of 4   Elevations, prepared by Mandy’s Design and Drafting         July 2017
        Issue A

                                  Approved Plans – April 2018 Unit 21
        Plan No.       Rev.                                                        Plan,   prepared
                                                                                   by
        Sheet 1 of 6   Proposed Partial Enclosure of Ground Level Under Existing   26/04/2018
                       Unit, prepared by Accolade Building Designs
        Sheet 2 of 6   Proposed Partial Enclosure of Ground Level Under Existing   26/04/2018
                       Unit, prepared by Accolade Building Designs
        Sheet 3 of 6   Proposed Partial Enclosure of Ground Level Under Existing   26/04/2018
                       Unit (floor plans), prepared by Accolade Building Designs
        Sheet 4 of 6   Proposed Partial Enclosure of Ground Level Under Existing   26/04/2018
                       Unit (elevations), prepared by Accolade Building Designs

                              Approved Plans – 19 November 2020 Unit 17
        Plan No.       Rev.                                                        Plan,   prepared
                                                                                   by
        Sheet 01,      Site Location, Site Plan & Floor Plans, prepared by         October 2020
        Issue D        Innovate Architects



                                                                                     Page 17 of 29

Section 18

ORDINARY MEETING AGENDA                                                           21 OCTOBER 2021


          Sheet 02,      Elevations, Section & External       Finishes     Schedule,    October 2020
          Issue D        prepared by Innovate Architects
          Sheet 07       Perspectives, prepared by Innovate Architects                  October 2020
          Issue C

                                   Approved Plans – March 2020 Unit 19
          Plan No.       Rev.                                                           Plan,   prepared
                                                                                        by
          A01            Site Location, Site Plan & Calculations, prepared by Lisa      22 January 2021
                         Page
          A02            Ground Floor Plan – with proposed alterations, prepared by     22 January 2021
                         Lisa Page
          A03            Level 1 Floor Plan, prepared by Lisa Page                      22 January 2021
          A04            Level 2 Floor Plan, prepared by Lisa Page                      22 January 2021
          A05            Level 3/Terrace, prepared by Lisa Page                         22 January 2021
          A06            Elevations Views: North & South facing, prepared by Lisa       22 January 2021
                         Page (as annotated by Council)
          A07            Elevations Views: East & West facing, prepared by Lisa         22 January 2021
                         Page (as annotated by Council)
          A08            Perspective view, Terrace level, prepared by Lisa Page         22 January 2021
          A09            Perspective views: south, west, north facing, prepared by      22 January 2021
                         Lisa Page
          A10            Perspective views: south/east/north views, prepared by         22 January 2021
                         Lisa Page
          A11            Section view-east facing, prepared by Lisa Page                22 January 2021
          A12            External Material Finishes Palette by Lisa Page                22 January 2021
          -              Landscape Concept Design document including site plan                  -
                         and perspective, cross sections, look and feel and design,
                         prepared by Louise Custance

                      Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
          Plan No.       Rev.                                                          Plan, prepared by
          SD.102         Proposed Holyman Unit 3D perspectives, prepared by            N/D
          Iss P2         Gerard Smith Design
          SD.104         Site / Roof Plan, prepared by Gerard Smith Design             Aug 2018
          Iss P10
          SD.201         Floor Plans, prepared by Gerard Smith Design                  Aug 2018
          Iss P9
          SD.501         Elevations proposed, prepared by Gerard Smith Design          Aug 2018
          Iss P9
          SD.601         Cross Sections – Sheet 2, prepared by Gerard Smith            Aug 2018
          Iss P2         Design
          SD.951         Overviewing Diagrams – Level 1, prepared by Gerard            Aug 2018
          Iss P9         Smith Design
          SD.952         Overviewing Diagrams – Level 2, prepared by Gerard            Aug 2018
          Iss P9         Smith Design

    C.   Include the following additional conditions 37 - 44 to read as follows:
         Additional Conditions specific for Lot 30 (and the use of Lots 7 & 11 for

                                                                                          Page 18 of 29

Section 19

ORDINARY MEETING AGENDA                                                      21 OCTOBER 2021


        construction and access) – 21 October 2021
        Performance Bond - Planning
        37.   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, specifically for Lot 30, prior to the issue of a Development Permit for
              Building 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.
        Performance Bond – Demolition
        38.   Security to the value of $10,000 must be provided to Council’s Building and
              Plumbing Services prior to the issue of the development approval for building works
              (demolition). The security must be in the form of a cash bond or bank guarantee,
              for security against satisfactory completion of works.
        Landscaping
        39.   The development site must be landscaped generally in accordance with the
              approved plans and Planning Scheme Policy PSP2 – Landscaping, and the
              following requirements:
              a.   A minimum of a 1m wide garden with dense landscaping must be provided
                   to the north, south and western boundaries within Lot 30.
              b.   The 1m wide garden must consist of 45 litre pot size native trees planted at
                   1.5m centres. Include 1 x 100 litre pot size tree to be planted in each of the
                   following locations:
                   i.     south east corner; and
                   ii.    half way along the southern boundary; and
                   iii.   to the west of the visitor car space where the lot dog legs.
              c.   The plantings must grow to an average minimum height of 10m and be
                   suitable native species for the urban surroundings such as Syzygium,
                   Elaeocarpus, Acronychia.
              d.   All landscape works must be established and maintained in accordance with
                   the approved design for the life of the development, and in a manner that
                   ensures 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.
              e.   Landscape works must be completed prior to the commencement of the use
                   of Lot 30.
        40.   The Fig tree, Umbrella, Exotic and Palm trees as shown on Plan No. 18-4767AA
              prepared by Max Watterson & Associates may be removed within the lot as part of
              preparing the site for construction.
        41.   Any vegetation to be retained must be protected from clearing or construction
              activities by:
              a.   clearly marking vegetation to be retained with flagging tape;
              b.   installing protective fencing around the drip line of the vegetation;
              c.   restricting stockpiling, storage and vehicle parking to those areas which are
                   already cleared; and
              d.   using low impact construction techniques around vegetation.

                                                                                   Page 19 of 29

Section 20

ORDINARY MEETING AGENDA                                                      21 OCTOBER 2021


         Privacy
         42.   The level 1 and level 2 operable timber privacy screens when fully extended must
               not cover more than 50% of each of the balconies. The privacy screens on Level
               3 must be a minimum height of 1.7m above the FFL.
         43.   The balcony located on Level 2 and the roof top terrace must include balustrading
               (set back as shown on the approved plans), and fixed external screens (where
               appropriate), positioned in such a way to obscure direct views into the habitable
               room windows or private open space areas of the adjoining units.
         Building Appearance
         44.   The building must be constructed to be generally in accordance with the material
               and colour palette as shown on Plan no. SD.102, Issue P2 and prepared by Gerard
               Smith Design.
    D.   Amend existing Condition 25 to read:
         Demolition
         25.   Security to the value of $5,000 must be provided to Council’s Building and
               Plumbing Services prior to the issue of the Development Approval for Building
               Works – demolition of Unit 17 & 19. The security must be in the form of a cash
               bond or bank guarantee, for security against satisfactory completion of works.
    E.   Include an administrative amendment to ‘Privacy’ heading above existing Conditions 12
         & 13 to read ‘Privacy - Unit 17’
    F.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



4   MCU18/0006.03 & OPW18/0012.03 APPLICATION FOR AN OTHER CHANGE TO A
    DEVELOPMENT APPROVAL FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND
    OPERATIONAL WORKS, TO INCLUDE SHORT TERM ACCOMMODATION, SITUATED AT
    1 & 2/10 HILL ST SUNSHINE BEACH
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 12 October 2021 regarding Application No. MCU18/0006.03 &
    OPW18/0012.03 for an Other Change to a Development Permit for Material Change of Use
    Multiple Housing - Type 2 Duplex and Operational Works (Stormwater, earthworks, carparking,
    landscaping), to include Short Term Accommodation, situated at 1 & 2/10 Hill St, Sunshine
    Beach and:
    A.   Refuse the application for the following reasons:
         1.    The proposal is not consistent with Strategic Intent and Outcomes for the Shire as
               increased visitor accommodation is not sought or needed for the area and visitor
               accommodation will further erode the permanent housing in the area, impacting
               permanent resident amenity.
         2.    The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
               and (h) of the Medium Density Residential Zone Code as:
               a.    The proposal seeks to establish a new short-term visitor accommodation
                     facility within a duplex, and not located within a well-established resort or
                     holiday units.
               b.    There are a number of sites advertised as being available for visitor
                     accommodation in the immediate neighbourhood and zoned medium density
                     residential.
         3.    The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2)

                                                                                   Page 20 of 29

Section 21

ORDINARY MEETING AGENDA                                                       21 OCTOBER 2021


               (v)(iii) and Performance Outcomes PO1, PO2 & PO15 of the Coastal Communities
               Local Plan Code as:
               a.   The extent of visitor accommodation has started to erode the available
                    supply of permanent housing in the local plan area.
               b.   Additional visitor accommodation in the area is likely to result in detrimental
                    impacts on the residential neighbourhood and amenity of permanent
                    residents.
         4.    The proposal is not consistent with 9.3.5.2 Purpose and Overall Outcomes (1) and
               (2)(f) of the Visitor Accommodation Code as:
               a.   The proposed short term accommodation will not integrate well into the area
                    given the extent of visitor accommodation in the area.
               b.   The proposed visitor accommodation is likely to detract from the amenity
                    enjoyed by residents given resident’s reasonable expectations for the area.
         5.    The proposal does not comply with Performance Outcome PO12 of the Visitor
               Accommodation Code and Performance Outcome PO6 of the Driveway and
               Parking Code as insufficient car parking is proposed on site to address the likely
               parking demands on site.
         6.    There is no need for additional Short term accommodation in the area.
         7.    The proposal does not comply with Performance Outcome PO20(b) of the Medium
               Density Residential Zone Code as there is the potential to overlook the private
               open space of neighbouring properties from the rear balcony and unreasonably
               impact on the amenity of those residents.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



5   MCU17/0046.03 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
    APPROVAL FOR MULTIPLE HOUSING TYPE 2 DUPLEX TO INCLUDE SHORT TERM
    ACCOMMODATION & OPERATIONAL WORKS AT 2/38 PARK CRES, SUNSHINE BEACH
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 12 October 2021 regarding Application No. MCU17/0046.03 for an
    Other Change to a Development Approval for Multiple Housing Type 2 – Duplex & Operational
    Works to include Short-term accommodation, situated at 2/38 Park Cres Sunshine Beach and:
    A.   Refuse the application for the following reasons:
         1.    The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
               community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
               further erode the dwelling units available for permanent housing in the area,
               impacting permanent resident amenity.
         2.    The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcome (2)(o)
               and Performance Outcomes PO1, PO2 and PO15 of the Coastal Communities
               Local Plan Code as:
               a.   The extent of visitor accommodation has eroded the available supply of
                    permanent housing in the local plan area; and
               b.   Additional visitor accommodation in the area is likely to result in detrimental
                    impacts on the residential neighbourhood and amenity of permanent
                    residents.
         3.   The proposal is not consistent with 3.2.4 Housing to meet diverse needs of the
              community and 3.3.3 Housing Choice (n) of the Strategic Framework, as it will
              further erode the dwelling units available for permanent housing in the area,
                                                                                   Page 21 of 29

Section 22

ORDINARY MEETING AGENDA                                                        21 OCTOBER 2021


              impacting permanent resident amenity.
         4.   The proposal is not consistent with 6.3.2.2 Purpose and Overall Outcomes (2)(a)
              and (h) of the Medium Density Residential Zone Code as:
               a.    The proposal is located in medium density residential neighbourhood that is
                     predominately used for short term accommodation uses. The introduction of
                     additional short term accommodation within a duplex unit is not consistent
                     with the purpose of the zone.
               b.    The proposal seeks to establish a new short-term visitor accommodation
                     facility within a recently approved dual occupancy and is not located within a
                     well-established resort or holiday units.
         5.    There is no need for additional short term accommodation in the area.
         6.    The proposal does not comply with Performance Outcome PO12 of the Visitor
               Accommodation Code and Performance Outcome PO6 of the Driveway and
               Parking Code as insufficient car parking is proposed on site to address the likely
               parking demands on site.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



6   RAL20/0014 - APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 9A JIRRIMA
    CRES, COOROIBAH
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 12 October 2021regarding Application No. RAL20/0014 for a
    Development Permit for Reconfiguring A Lot – 1 lot into 2 lots, situated at 9A Jirrima Cres
    Cooroibah and:
    A.   Refuse the application for the following reasons:
         1.    The proposal is not consistent with the Overall Outcome 13.7.2 c), d) and e),
               Specific Outcomes O2, O5, O7 and O15 of the Noosa Plan 2006 Biodiversity
               Overlay Code as:
               a.    The proposal seeks to undertake development in the riparian buffer.
               b.    A 20m wide easement is required for firefighting purposes within the riparian
                     buffer which requires clearing of vegetation and prevents.
               c.    Fill within the riparian buffer for the driveway and firefighting appliances has
                     the potential to adversely impact on the ecological and hydrological values
                     of the riparian buffer area.
               d.    The proposal is likely to result in the removal of koala habitat for a new lot
                     boundary.
         2.    The proposal is not consistent with 13.30.2 of the Natural Hazards Overlay Code
               for bushfire hazards as the proposed bushfire risk mitigation treatments impacts
               the riparian buffer and requires clear clearing of part of the riparian buffer.
         3.    The proposal is not consistent with 14.181.2 a), c), g), and Specific Outcomes O1,
               O20 and O22 of the Reconfiguring a Lot Code as:
               a.    The development does not meet the minimum lot size, and provide for the
                     retention of the site’s natural environmental values and will result in clearing
                     koala habitat and part of the riparian buffer.
         4.    The proposal does not comply with the Noosa Plan 2020 as:
               a.    The applicant proposes development in the riparian buffer.


                                                                                     Page 22 of 29

Section 23

ORDINARY MEETING AGENDA                                                         21 OCTOBER 2021


                b.     It is removing vegetation within the riparian buffer and not protecting an
                       ecologically important area.
                c.     The proposal places people and property at risk as the driveway cannot be
                       constructed to a suitable standard for firefighting without the clearing of
                       vegetation in the riparian buffer.
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


7   PEREGIAN DIGITAL HUB – FULL YEAR REPORT TO 30 JUNE 2021
    That Council note the report by the Acting Director Environment and Sustainable Development,
    to the Planning & Environment Committee meeting dated 12 October 2021 providing a full year
    report on the performance and activities of The Hub for the period 1 July 2020 to 30 June 2021
    and a Social Return on Investment evaluation.


8   T000054 – TEWANTIN BYPASS STAGE 1 INTERSECTION UPGRADE – TENDER AWARD
    That Council note the report by the Designer Capital Works to the General Committee Meeting
    dated 18 October 2021 and:
    A.   Award Contract T000054 for the construction of the Tewantin Bypass Stage 1 –
         Intersection Upgrade works to SGQ Pty Ltd for the sum under a schedule of rates
         contract for the amount of $5,052,575 excluding GST;
    B.   Approve expenditure under this Contract up to $7,849,520 excluding GST, including
         contingency spend.


9   MCU20/0037 – PLANNING & ENVIRONMENT COURT APPEAL NO. BD1074 OF 2021 –
    REFUSAL OF AN APPLICATION FOR MULTIPLE HOUSING – TYPE 2 DUPLEX AT 11
    MARGIT CRES, SUNRISE BEACH
    That Council note the report by the Manager Development Assessment to the General
    Committee Meeting dated 18 October 2021 regarding Planning & Environment Court Appeal
    No. BD1074 of 2021 and agree to settle 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 undertaken in accordance with this approval must generally comply with
         the approved plans of development. The approved plans are listed in the following table
         unless otherwise amended by these conditions.
     Plan No.   Rev.   Plan/Document Name                                       Date
                H      Development Application/Development summary, prepared    03.09.2021
                       by OH Architecture
     DA 001     H      Proposed Plan, prepared by OH Architecture               3 September 2021
     DA 101     H      Proposed Basement Plan, prepared by OH Architecture      3 September 2021
     DA 102     H      Proposed Lower Floor Plan, prepared by OH Architecture   3 September 2021

                                                                                    Page 23 of 29

Section 24

ORDINARY MEETING AGENDA                                                         21 OCTOBER 2021


     Plan No.   Rev.   Plan/Document Name                                         Date

     DA 103     H      Proposed Upper Floor Plan, prepared by OH Architecture     3 September 2021
     DA 104     H      Proposed Roof Plan, prepared by OH Architecture            3 September 2021
     DA 151     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 152     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 153     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 154     H      Proposed Elevations, prepared by OH Architecture           3 September 2021
     DA 161     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 162     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 163     H      Proposed Sections, prepared by OH Architecture             3 September 2021
     DA 301     H      Pergola materials, prepared by OH Architecture             September 2021

          Currency Period
    3.    This development approval lapses if the use has not happened by 21 October 2027,
          unless an application to extend the currency period is approved by Council.
          Built Form and Development Appearance
    4.    The maximum height of the development must not exceed 8 metres above the natural
          ground level and the finished surface level and 2 storeys.
    5.    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.
    6.    All fencing and retaining walls within the northern and southern setbacks must be located
          and constructed in accordance with approved drawings DA 153 and DA 154, prepared
          by OH Architecture and dated 3 September 2021.
    7.    All air conditioning units or other mechanical equipment must be fully enclosed or
          screened such that they are not visible from the street frontages nor adjoining properties.
    8.    All deck and balcony areas must not be enclosed by permanent fixtures such as shutters,
          louvres, glass panelling or the like, except where required to satisfy any privacy condition
          of this Decision Notice.
          Performance Bond
    9.    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 pre-start meeting. 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.
          Protection of Privacy
    10.   To ensure privacy is protected between adjoining properties to the west, south and north,
          the development must:
          a.    provide screening devices to balconies; and/or
          b     have a minimum window sill height or 1.7 metres above floor level; and/or
          c.    be fitted with translucent glazing; and/or
          d.    be fitted with fixed external screens.
    Street Identification
    11.   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 24 of 29

Section 25

ORDINARY MEETING AGENDA                                                         21 OCTOBER 2021


    Water & Sewer Connections
    12.   An underground connection to reticulated water and sewerage must be provided to the
          development site in accordance with the standards and requirements of Northern SEQ
          Distributor–Retailer Authority (Unitywater).
    13.   A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
          (Unitywater) must be submitted to Council that certifies an underground connection to
          reticulated water and sewerage has been provided to the development site.
    Fencing and Walls
    14.   Street fencing must be provided generally as shown on the approved plans.
    15.   The area of land between the street fence and the front property boundary must be
          densely landscaped to screen any fencing from the street. A mix of understorey and taller
          species must be included.
    Clothes Drying Areas
    16.   Each dwelling unit must be provided with access to an outdoor clothes line which is
          screened from public view.
    Community Management Statement
    17.   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
    18.   The site must be landscape in accordance with Planning Scheme Policy PSP2 –
          Landscaping. The works must be undertaken in accordance with an operational works
          approval and the approved plans and must include in particular:
          a.   Dense screening vegetation within the gardens located to the perimeter of the site
               along the north, south and western boundaries and;
               i.     must be a minimum of 1m wide unless otherwise shown on the approved
                      plans;
               ii.    Trees that grow to a minimum height of 8m planted at 1.5m centres. The
                      trees must have a minimum pot size of 45 litres; and
               iii.   1 x 100 litre pot size feature tree planted to each side of the driveway within
                      the site and near the front boundary.
          b.   Retention of the existing street tree located near the south east corner of the site
               as shown on the approved plans.
          c.   Provide an arborist report with construction methods to retaining the street tree in
               good health during constructed.
          d.   Provide 1 x 45 litre pot size street tree located to the northern side of the driveway
               crossover.
          e.   Provide a planting and plant schedule including species and pot size.
    19.   All landscape works must be established and maintained in accordance with the
          approved design for the life of the development, and in a manner that ensures 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.
    Noise
    20.   Written certification is required from a suitably qualified person confirming that sound

                                                                                     Page 25 of 29

Section 26

ORDINARY MEETING AGENDA                                                           21 OCTOBER 2021


          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.
    21.   The certification must be submitted to Council, which certifies that operational noise from
          any fixed plant and equipment complies and with the requirements of this Decision
          Notice.
    HYDROLOGY
    Stormwater Drainage
    22.   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 must include in particular:
          a.    a Site Based Stormwater Management Plan which addresses the following:
                i.         existing overland flows and proposed overland flows;
                ii.        maintenance of overland flows within the subject site; and
                iii.       the drainage system for all roofed areas, hardstand, grassed areas and pool
                           surrounds.
    Erosion and Sediment Control
    23.   In conjunction with the application for Operational Works approval, provide an erosion
          and sediment control plan, prepared in accordance with Best Practice Erosion and
          Sediment Control (IECA, 2008) and which achieves the construction phase stormwater
          design objectives of the State Planning Policy 2017.
    WASTE DISPOSAL
    24.   The developer must provide waste storage and disposal facilities in accordance with
          Planning Scheme Policy 9 - Waste Management. The facilities must include an
          impervious area, within the site, correctly sized for all refuse and recycling containers
          and suitably screened from public places and neighbouring properties. A bin wash area
          is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket
          trap. The drain outlet must be designed to prevent storm water entry to the sewerage
          system.
    25.   Refuse containers must be provided in accordance with the requirements of the
          Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management)
          Regulation 2000, for the storage and collection of refuse.
    ENGINEERING
    External Works
    26.   Margit Crescent must be upgraded for the length of its frontage to the subject site. The
          works, which must be undertaken in accordance with an Operational Works approval,
          are:
          a.    construction of a pedestrian footpath in accordance with the conditions of this
                Decision Notice


                                                                                        Page 26 of 29

Section 27

ORDINARY MEETING AGENDA                                                      21 OCTOBER 2021


          b.   removal of all existing property access (driveway/crossovers) and reinstatement of
               the kerb, footpath and verge area to match the balance of the site frontage,
               including the provision of topsoil and turf where the existing verge is grassed.
    Site Access and Driveways
    27.   A sealed access driveway must be provided from Margit Crescent to all parking and
          manoeuvring 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 Council standard drawings RS-051 and
               addendums
    Car Parking
    28.   Car parking must be provided generally in accordance with the approved plans. The
          works must be undertaken in accordance with an Operational Works approval and must
          include in particular:
          a.   dimensions, crossfalls and gradients in accordance with Australian Standard
               AS2890: Parking Facilities
    29.   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.   a 2 metre wide concrete footpath within the road verge for the entire length of the
               site’s frontage to Margit Crescent.
    This condition is imposed pursuant to s128 of the Planning Act 2016 being necessary trunk
    infrastructure identified by Council’s LGIP to service the development.
    Easements
    30.   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.
    31.   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. Draft easement documentation must be submitted to Council for endorsement.
    32.   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
    33.   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
    34.   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



                                                                                   Page 27 of 29

Section 28

ORDINARY MEETING AGENDA                                                        21 OCTOBER 2021


10   PROPOSED LEASE TENANCY FOR PEREGIAN DIGITAL HUB
     That Council note the report by the Acting Director Environment and Sustainable Development
     to the General Committee Meeting dated 18 October 2021 regarding the commercial lease of
     office space at the Peregian Digital Hub and:
     A.     Agree to enter a commercial lease of the Unit 4 premises of 45m 2 to Anson McCade
            Pty Ltd. for a three year term, as generally outlined in the report;
     B.     Agree to enter a commercial lease of the Unit 3a premises of 45m2 to Saturate for a
            three year term, as generally outlined in the report;
     C.     Note that a market process will continue in order to secure a tenant for Unit 3b;
     D.     Authorise the CEO to award one subsequent lease extension of 3 years for each of
            these tenancies, subject to the lessee complying with the terms of the lease.



11   NOOSA HOLIDAY PARK FEES AND CHARGES
     That Council note the report by the Property Advisor – Commercial Property to the General
     Committee Meeting dated 18 October 2021 and:
     A.   Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end
          of the January 2023 Queensland school holidays; and
     B.   Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule
          for Noosa Holiday Parks for the period ending Monday 23 January 2023 as detailed in
          the tables contained within the report.


12   FINANCIAL PERFORMANCE REPORT – SEPTEMBER 2021
     That Council note the report by the Acting Manager Financial Services to the General
     Committee Meeting dated 18 October 2021 outlining September 2021 year to date financial
     performance against budget, including changes to the financial performance report with the
     inclusion of key financial sustainability indicators.




Committee Recommendation

That the report of the General Committee dated 18 October 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.




                                                                                     Page 28 of 29

Section 29

ORDINARY MEETING AGENDA                                               21 OCTOBER 2021


9    ORDINARY MEETING REPORTS

     Nil.




10   CLOSED SESSION

     Nil.




11   PUBLIC QUESTION TIME

     Nil.




12   NEXT MEETING

     The next Ordinary Meeting will be held on 18 November 2021 at the Council Chambers,
     9 Pelican Street, Tewantin commencing at 5pm.




13   MEETING CLOSURE




                                                                           Page 29 of 29

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