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2020-02-17 General Committee Meeting Notes
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RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 FEBRUARY 2020 GENERAL COMMITTEE MEETING - LIVE RECORD MEETING NOTES 17 FEBRUARY 2020 - Crs. Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Brian Stockwell and Tony Wellington 7 FURTHER REPORT - RAL18/0023 DEVELOPMENT APPLICATION FOR RECONFIGURATION OF A LOT (1 LOT INTO 23 LOTS) AT 28 EENIE CREEK ROAD, NOOSAVILLE Cr Wellington declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as in 2009, prior to his election to the Sunshine Coast Council, he was a co-respondent with Sunshine Coast Council in an appeal against a refusal to expand the Noosa Civic shopping centre. Cr Wellington advised that the appeal was for a significantly different development application than the application currently before Council. Cr Wellington believed that he could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter. Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as in 2015, prior to her election to Council and during her time as Honorary Secretary of the Noosa Parks Association, Cr Jackson was signatory to a submission regarding an application on the site. Cr Jackson believed that she could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter. Cr Stockwell declared a perceived conflict of interest in this matter (as defined in section 175D of the Local Government Act 2009) as prior to his election to Council and during his time as President of the Noosa Shire Residents & Ratepayers Association, Cr Stockwell was signatory to a submission regarding an application on the site and made public statements regarding the application. Cr Stockwell believed that he could consider this item impartially and in the public interest and requested to remain in the meeting room to participate in the debate and vote on this matter. Pursuant to section 175E(4) of the Local Government Act 2009, the remaining Councillors gave consideration to whether the conflicts were real conflicts or perceived conflicts and whether Crs. Wellington, Jackson and Stockwell may participate in the meeting for the debate and vote on this matter or whether they must leave the meeting for the debate and vote on this matter. Committee Recommendation Moved: Cr Wilkie Seconded: Cr Jurisevic That Councillors note the perceived conflict of interest declaration of Cr Wellington and resolve that this represents a perceived conflict of interest in this matter and Cr Wellington may remain in the meeting room to participate in the debate and vote on this matter. Carried unanimously. Crs. Wellington, Jackson and Stockwell did not vote on the above motion. Committee Recommendation Moved: Cr Wilkie Seconded: Cr Glasgow That Councillors note the perceived conflict of interest declaration of Cr Jackson and resolve that this represents a perceived conflict of interest in this matter and Cr Jackson may remain in the meeting room to participate in the debate and vote on this matter. Carried unanimously. Crs. Wellington, Jackson and Stockwell did not vote on the above motion. Page 1 of 10
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Section 2
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
Committee Recommendation
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Councillors note the perceived conflict of interest declaration of Cr Stockwell and resolve that this
represents a perceived conflict of interest in this matter and Cr Stockwell may remain in the meeting
room to participate in the debate and vote on this matter.
Carried unanimously.
Crs. Wellington, Jackson and Stockwell did not vote on the above motion.
Motion
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Coordinator Planning to the Special Meeting dated 28
October 2019 and the further report to the General Committee Meeting dated 17 February
2020 regarding Application No. RAL18/0023 for a Development Permit for Reconfiguring a
Lot – (1 Lot in 23 Lots) situated at 28 Eenie Creek Road, Noosaville and:
A. Refuse the application for the following reasons:
1. The proposal is contrary to schedule 11, part 2, section 7 of the Planning
Regulation 2017 as the development is situated in a koala assessable
development area and does not avoid clearing non-juvenile koala habitat trees
in circumstances in which any significant residual impact of the clearing is unable
to be offset.
2. The proposal is contrary to the State Planning Policy as the proposed
development will adversely impact on koala habitat, with koala populations
recognised as being matters of both national and state environmental
significance.
3. The proposal is contrary to the State Planning Policy as the proposed
development does not facilitate an appropriate disaster management response
and recovery capacity and capabilities as the emergency access points are
unable to be implemented.
4. The proposed development is contrary to the Overall and Specific Outcomes of
the Noosaville Locality Code as:
i. The proposal does not provide a satisfactory pedestrian and cycle network
for the future development of the area and fails to provide satisfactory
linkages with the existing development in the Shire Business Centre as
these are unable to be implemented.
ii. The proposal fails to ensure a high level of residential amenity as it does
not provide for acoustic fencing to lots 17, 18 and 19 or provide any noise
mitigation measures to existing plant equipment and loading dock areas.
The proposal also fails to address the future amenity of Lot 21.
iii. The proposal fails to provide for suitable retention of existing vegetation to
allow for future development to be within a park like setting.
iv. The proposal will adversely impact on the site’s environmental values.
Page 2 of 10
Section 3
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
5. The proposed development is contrary to the Biodiversity Overlay Code as the
proposal will adversely impact on koala habitat, does not maximise the retention
of existing vegetation, and proposes to prematurely clear significant vegetation
inconsistent with the needs of the community.
6. The proposed subdivision is contrary to the Reconfiguring a Lot Code as:
i. Insufficient provision has been made for walking and cycling linkages with
the existing development in the Shire Business Centre as the proposed
network and linkages are unable to be implemented.
ii. The proposed lot will have a significant adverse impact on the natural
environment and will not retain the sites natural environmental values.
7. The proposed development is contrary to the Natural Hazards Overlay Code as
bushfire mitigation measures do not satisfactorily address the risk of bushfire as
they are not envisaged by the Shire Business Centre Map and are unable to be
implemented.
8. The proposed development is contrary to the draft Noosa Plan provisions, which
reinforce the current Noosa Plan’s requirements for pedestrian/cycle links, an
appropriate response to the site’s natural hazards and protection of the site’s
environmental values including vegetation retention.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Procedural Motion
Moved: Cr Jackson
Seconded: Cr Glasgow
That the motion now before the meeting be deferred to the Ordinary Meeting on Thursday,
20 February 2020.
For: Crs. Jackson, Jurisevic, Glasgow, Stockwell and Wilkie.
Against: Cr Wellington.
Carried.
1 MCU18/0166 - DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE SERVICE
AND UTILITY - TYPE 3 TOWER, SITUATED AT 244 TABLELANDS ROAD, COORAN
Committee Recommendation
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the report by the Development Planners to the Planning & Environment
Committee Meeting dated 11 February 2020 regarding Application No MCU18/0166 for a
Development Permit for Material Change of Use Service and Utility - Type 3 Tower, situated
at 244 Tablelands Rd, Cooran and:
A. Refuse the application for the following reasons:
Page 3 of 10
Section 4
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
1. The proposed infrastructure is located in an area identified by the SEQ Regional
Plan as being of regionally significant scenic amenity and the proposal
compromises this scenic amenity and regional landscape of the area.
2. The proposed development is inconsistent with Desired Environmental Outcome
3.1.3 m) viii of the Noosa Plan as the proposed development is visually prominent
in the view from premises along Tablelands Road.
3. The development application proposes a use that is inconsistent in the Rural
Zone of the Mary River Catchment Locality;
4. The proposal is contrary to Specific Outcome O2 and Overall Outcome 8.7.2 a)iii,
k)iii, v) and mm)ii of the Mary River Catchment Locality Code as,
4.1 The visual amenity enjoyed by users of nearby premises is adversely
impacted; and
4.2 The scale and form of the structure is not integrated into the landform and
landscape; and
4.3 The siting of the proposed structure does not protect significant views to Mt
Cooroora, Mt Cooran and Mt Pinbarren; and
4.4 The scenic values and rural amenity of the locality are adversely impacted;
5. The proposal is contrary to Overall Outcome 14.37.2 b) and 14.37.2 c) and
Specific Outcome O10 of the Infrastructure Uses Code as the proposed
infrastructure,
5.1. Detracts from the visual amenity of the rural and residential amenity
enjoyed by residents and visitors to the area and does not satisfactorily
visually integrate with the landscape; and
5.2. Fails to co-locate with the existing telecommunications nearby.
6. The proposed tower, if approved, would be afforded immunity under the
Telecommunications Act 1997 enabling further extension up to 5 metres without
further reference to Council which would exacerbate the visual amenity impacts;
7. The visual impact on a number of premises in the area, which have direct line of
sight in their viewshed, is considered significant and unacceptable for those
residents.
8. The applicant’s visual impact assessment is deficient to satisfactorily determine
the degree and extent of visual impacts from the proposed development and
impacts are likely to be greater than has been currently identified in the reports.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Page 4 of 10
Section 5
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
2 OVERVIEW OF PLANNING APPEALS
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Glasgow
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 February 2020 regarding an update on Planning
Appeals and:
A. Request that the Chief Executive Officer write to the Department of State Development,
Infrastructure & Planning requesting:
1. A comprehensive review of the current cost provisions of the Planning &
Environment Court Act 2016 with a view to including the ability for the Planning
& Environment Court to award costs where a development proposal is found to
significantly conflict with the Planning Scheme; and
2. A review of the appointment and selection process of referees to support more
consistent and rigorous Tribunal decisions.
B. Submit a motion to the Local Government of Queensland 2020 conference requesting
LGAQ lobby the Department of State Development, Infrastructure & Planning for a
comprehensive review of the current cost provisions of the Planning & Environment
Court Act 2016 with a view to including the ability for the Planning & Environment Court
to award costs where a development proposal is found to significantly conflict with the
Planning Scheme.
Carried unanimously.
5 DBW19/0031 - DEVELOPMENT PERMIT FOR BUILDING WORKS ASSESSABLE
AGAINST THE PLANNING SCHEME - DETACHED HOUSE (COASTAL PROTECTION),
SITUATED AT 102 LORIKEET DRIVE, PEREGIAN BEACH
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Glasgow
That Council note the report by the Development Planner to the General Committee Meeting
dated 17 February 2020 regarding Application No. DBW19/0031 for a Development Permit
for Building Work - Detached House (Coastal Protection) situated at 102 Lorikeet Drive,
Peregian Beach and:
A. Approve the application in accordance with the following conditions contained in the
General Committee Agenda dated 17 February 2020.:
B. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The cantilevered design of the building results in no significant impact to the
natural coastal processes of the dunal system.
2. The reduced setback of the building does not encroach into the area of the 2100
coastal erosion mapping prepared in conjunction with Council’s Draft Coastal
Hazards Adaptation Plan.
Page 5 of 10
Section 6
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
3. The proposal includes soft landscaping within the 5 metre setback area including
native planting and turf and a small area of impervious paving up to
approximately 5 metres in area.
C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Cr Glasgow left the meeting.
3 ADOPTION OF CONSOLIDATED VERSIONS OF NOOSA SHIRE COUNCIL LOCAL LAW
NO. 1 (ADMINISTRATION) 2015, SUBORDINATE LOCAL LAW NO. 1
(ADMINISTRATION) 2015 AND SUBORDINATE LOCAL LAW NO. 4 (LOCAL
GOVERNMENT CONTROLLED AREAS, FACILITIES AND ROADS) 2015
Motion
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Principal Strategic Planner to the Planning and
Environment Committee Meeting dated 11 February 2020 and resolve to:
A. Adopt, pursuant to section 32 of the Local Government Act 2009-
1. in the form contained in Attachment 1 to this report, a consolidated version of
Noosa Shire Council Local Law No. 1 (Administration) 2015; and
2. in the form contained in Attachments 2 and 3 to this report, a consolidated version
of each of Subordinate Local Law No.1 (Administration) 2015 and Subordinate
Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015.
B. Adopt the following Fees and Charges 2019-2020 for applications for approval made
for advertising devices under Subordinate Local Law No.1 (Administration) 2015:
1. pylon sign, pole sign, freestanding sign - $150 per sign
2. illuminated sign - $100 per illuminated sign
The Chairperson ruled that Cr Jackson’s debate on the motion was out of order as it included
comments that did not relate to the current motion before the Council.
Procedural Motion
Moved: Cr Jackson
Seconded: Cr Jurisevic
That the Chairperson’s ruling be dissented from.
For: Crs. Jackson and Jurisevic.
Against: Crs. Wellington, Stockwell and Wilkie.
Lost.
Page 6 of 10
Section 7
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Stockwell
That Council note the report by the Principal Strategic Planner to the Planning and
Environment Committee Meeting dated 11 February 2020 and resolve to:
A. Adopt, pursuant to section 32 of the Local Government Act 2009-
1. in the form contained in Attachment 1 to this report, a consolidated version of
Noosa Shire Council Local Law No. 1 (Administration) 2015; and
2. in the form contained in Attachments 2 and 3 to this report, a consolidated version
of each of Subordinate Local Law No.1 (Administration) 2015 and Subordinate
Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads)
2015.
B. Adopt the following Fees and Charges 2019-2020 for applications for approval made
for advertising devices under Subordinate Local Law No.1 (Administration) 2015:
1. pylon sign, pole sign, freestanding sign - $150 per sign
2. illuminated sign - $100 per illuminated sign
For: Crs. Wellington, Stockwell and Wilkie.
Against: Crs. Jackson and Jurisevic.
Carried.
The meeting adjourned at 12.06pm
The meeting resumed at 12.13pm
4 NOOSA COMMUNITY HEALTH AND WELLBEING PLAN 2019-2024
Motion
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Environmental Health to the Services and
Organisation Committee Meeting dated 11 February 2020, and
A. Adopt the Noosa Community Health and Wellbeing Plan 2019-2024, as provided at
Attachment 1 to the report with the following amendment:
Page 12, add a new Section 7.5 to read:
7.5 Climate Change and its Impact on Human Health and Wellbeing
The World Health Organisation (WHO) maintains that climate change is the
greatest threat to global health in the 21st century (WHO, 2015). Australia’s
climate has already begun to change and current trends indicate that this will
accelerate over the course of this century. A changing climate is expected to
affect human health and wellbeing (including physical and mental health) through
direct and indirect pathways. Climate change can be framed as a risk amplifier;
that is many of the risks associated with climate change are not new, however
Page 7 of 10
Section 8
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
they are likely to increase in severity over time. There is no evidence available to
indicate that the risks from climate change to health and wellbeing are not
presently significant at a local scale, however they will increasingly become so
as global warming accelerates.
The Australian Medical Association has expressed strong concerns regarding
the threat to public health and wellbeing from climate change (AMA, 2019). In
particular, the elderly, as well as other vulnerable groups in the community, are
more exposed to direct physical impacts of climate change and may require
greater assistance from their family and social networks, and emergency
services in preparing for and responding to extreme weather events.
The collaboration of many stakeholders will help Noosa’s Health and Wellbeing
sector to be resilient to future climate change impacts. Noosa Council is
developing a Climate Change Adaptation Plan (CCAP), which will contain actions
and key indicators for adapting Noosa community’s health and wellbeing to
climate change risks. The CCAP is expected to be completed in mid-2020. It is
proposed the Noosa Community Health and Wellbeing Action plan will seek to
inform the CCAP where applicable, and incorporate the relevant actions from the
CCAP at the next annual review of the Action Plan, including development of new
initiatives based on updates to climate change projections if required.
B. Approve the proposed Noosa Community Health and Wellbeing Plan 2019-2024 Action
Plan, subject to consideration of any resourcing requirements being determined as part
of the 2020/21 annual budget process.
Amendment
Moved: Cr Wilkie
Seconded: Cr Jackson
That the following words be included under Item A:
Page 13, Update Immunisation rates as follows:
Noosa Qld Australia
Health Status Immunisation rates (%) (Noosa
2017) (target to prevent outbreaks of
vaccine-preventable disease is 95%)
1-year-old 9088* 94* 94*
2-year-old 8786* 92* 91*
5-year-old 8991* 95* 95*
*Data Source for Immunisation rates for Queensland and Australia : https://www.health.gov.au/health-
topics/immunisation/childhood-immunisation-coverage/immunisation-coverage-rates-for-all-
children#state-and-territory-coverage-rates
Carried unanimously.
Page 8 of 10
Section 9
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
Committee Recommendation
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That Council note the report by the Coordinator Environmental Health to the Services and
Organisation Committee Meeting dated 11 February 2020, and
A. Adopt the Noosa Community Health and Wellbeing Plan 2019-2024, as provided at
Attachment 1 to the report with the following amendments:
Page 12, add a new Section 7.5 to read:
7.5 Climate Change and its Impact on Human Health and Wellbeing
The World Health Organisation (WHO) maintains that climate change is the
greatest threat to global health in the 21st century (WHO, 2015). Australia’s
climate has already begun to change and current trends indicate that this will
accelerate over the course of this century. A changing climate is expected to
affect human health and wellbeing (including physical and mental health) through
direct and indirect pathways. Climate change can be framed as a risk amplifier;
that is many of the risks associated with climate change are not new, however
they are likely to increase in severity over time. There is no evidence available to
indicate that the risks from climate change to health and wellbeing are not
presently significant at a local scale, however they will increasingly become so
as global warming accelerates.
The Australian Medical Association has expressed strong concerns regarding
the threat to public health and wellbeing from climate change (AMA, 2019). In
particular, the elderly, as well as other vulnerable groups in the community, are
more exposed to direct physical impacts of climate change and may require
greater assistance from their family and social networks, and emergency
services in preparing for and responding to extreme weather events.
The collaboration of many stakeholders will help Noosa’s Health and Wellbeing
sector to be resilient to future climate change impacts. Noosa Council is
developing a Climate Change Adaptation Plan (CCAP), which will contain actions
and key indicators for adapting Noosa community’s health and wellbeing to
climate change risks. The CCAP is expected to be completed in mid-2020. It is
proposed the Noosa Community Health and Wellbeing Action plan will seek to
inform the CCAP where applicable, and incorporate the relevant actions from the
CCAP at the next annual review of the Action Plan, including development of new
initiatives based on updates to climate change projections if required.
Page 13, Update Immunisation rates as follows:
Noosa Qld Australia
Health Status Immunisation rates (%) (Noosa
2017) (target to prevent outbreaks of
vaccine-preventable disease is 95%)
1-year-old 9088* 94* 94*
2-year-old 8786* 92* 91*
5-year-old 8991* 95* 95*
Page 9 of 10
Section 10
RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING 17 FEBRUARY 2020
*Data Source for Immunisation rates for Queensland and Australia :
https://www.health.gov.au/health-topics/immunisation/childhood-immunisation-
coverage/immunisation-coverage-rates-for-all-children#state-and-territory-coverage-rates
B. Approve the proposed Noosa Community Health and Wellbeing Plan 2019-2024 Action
Plan, subject to consideration of any resourcing requirements being determined as part
of the 2020/21 annual budget process.
Carried unanimously.
6 FINANCIAL PERFORMANCE REPORT - JANUARY 2020
Committee Recommendation
Moved: Cr Wellington
Seconded: Cr Jackson
That Council note the report by the Manager Financial Services to the General Committee
Meeting dated 17 February 2020 outlining January 2020 year to date financial performance
against budget, including key financial sustainability indicators.
Carried unanimously.
Page 10 of 10