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2021-07-15 Ordinary Meeting Minutes
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MINUTES
Ordinary Meeting
Thursday, 15 July 2021
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 MINUTES 15 JULY 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Councillor C Stewart, Mayor
Councillor K Finzel
Councillor J Jurisevic
Councillor A Lorentson
Councillor B Stockwell
Councillor T Wegener
Councillor F Wilkie
EXECUTIVE
B de Chastel, Chief Executive Officer
K Contini, Director Community Services
M Shave, Director Corporate Services
A Dow, Acting Director Environment & Sustainable Development
D Iezzi, Director Executive Services
L Sengstock, Director Infrastructure Services
APOLOGIES
Nil.
The meeting commenced at 5.02pm.
2 CONFIRMATION OF MINUTES
Council Resolution
Moved: Cr Finzel
Seconded: Cr Wilkie
The Minutes of the Special Meeting held on 16 June 2021 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Wegener
The Minutes of the Ordinary Meeting held on 17 June 2021 be received and confirmed.
Carried unanimously.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
The Minutes of the Special Meeting held on 30 June 2021 be received and confirmed.
Carried unanimously.
Page 2 of 38
Section 3
ORDINARY MEETING MINUTES 15 JULY 2021
3 MAYORAL MINUTES
Nil.
4 PETITIONS
1 PETITION: OPPOSITION TO COUNCIL INTRODUCING 24/7 4HR PARKING
RESTRICTIONS WITHIN LITTLE COVE
Refer to Attachment 1
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
That the petition signed by over 200 people tabled by Cr Lorentson opposing the 4hr
parking restrictions proposed to commence in mid July 2021 within the Little Cove area,
be received and referred to the Chief Executive Officer to determine appropriate action.
Carried unanimously.
2 PETITION: REQUEST FOR COUNCIL TO INSTALL A FENCED DOG PARK IN
NOOSA SHIRE
Refer to Attachment 2
Council Resolution
Moved: Cr Stewart
Seconded: Cr Jurisevic
That the petition signed by 214 people tabled by Cr Stewart requesting that Council
install a fenced dog park in Noosa, be received and referred to the Chief Executive
Officer to determine appropriate action.
Carried unanimously.
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 38
Section 4
ORDINARY MEETING MINUTES 15 JULY 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 6 JULY 2021
6 ENVIRONMENT PROJECT & ALLIANCE GRANTS
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by the Noosa District Landcare due to my long standing connection with the organisation
as one of the inaugural members of the unincorporated group dating back to the 1980s. Although I have
a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias
considering the community nature of this relationship. 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.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
interest that Cr Stockwell participates and votes on this matter because Council believes that a
reasonable person would not have a perception of bias considering the community nature of this
relationship and therefore a reasonable person would trust that the final decision is made in the public
interest.
Carried unanimously.
Cr Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Lorentson
That Council note the report by the Environment Services Manager to the Planning &
Environment Committee Meeting dated 6 July 2021 and approve the Environment Project
Grants and Environment Alliance funding recommendations for this round as outlined in
Attachment 1 to the report.
Carried unanimously.
7 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MAY 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 Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Barry Taylor, listed in the report at Item 31. I have attended Mr Taylor’s house for
lunch and we have socialised together very occasionally. 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 Taylor and Council's consideration of this application is not
to approve or reject it, it is only for noting of a decision that 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 and participate in the decision.
Page 4 of 38
Section 5
ORDINARY MEETING MINUTES 15 JULY 2021
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 in relation
to the applications by Mark Bain (listed in the report at Items 32 and 33) as I have a personal relationship
with the Bain family. The Bain family are friends of mine and we have attended social events together,
our children attended school together and they surf together as part of the Noosa Boardrider's Club.
During the 2020 election campaign, Mr Bain appeared in one of my campaign videos and agreed to one
of my election signs being placed at the Petrol Station located on Gympie Terrace of which Mr Bain was
the property landlord. As a result of my conflict of interest I will now leave the meeting room while the
matter is considered and voted on.
Cr Lorentson left the meeting.
Cr Wilkie assumed the Chair for this item for the purpose of considering the conflict of interest declaration
by Cr Stewart.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Stockwell
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that Cr Stewart
does not have a close personal relationship with Mr Taylor and therefore a reasonable person would
trust that the final decision is made in the public interest.
Carried unanimously.
Cr Stewart did not vote on the above motion.
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Development Assessment Manager to the Planning &
Environment Committee Meeting dated 6 July 2021 regarding planning applications that have
been decided by delegated authority.
Carried unanimously.
Cr Lorentson returned to the meeting.
The following Recommendations from the Planning & Environment Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Stockwell
Seconded: Cr Jurisevic
That the report of the Planning & Environment Committee dated 6 July 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 MCU19/0119.02 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND SHORT-TERM
ACCOMMODATION AND OPERATIONAL WORKS (DRAINAGE WORK, STORMWATER,
EARTHWORKS, LANDSCAPING, CARPARKING & ACCESS) 2 NOLA STREET,
NOOSAVILLE
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
Page 5 of 38
Section 6
ORDINARY MEETING MINUTES 15 JULY 2021
2 RAP21/0016 – APPLICATION FOR A REFERRAL AGENCY RESPONSE FOR A
DWELLING HOUSE (FILLING BEYOND 3M OF THE FOOTPRINT OF BUILDING) AT 11
CHURCH ST, POMONA
That Planning & Environment Committee Agenda Item 2 be referred to the General Committee
for further consideration.
3 MCU20/0149 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR SHORT-TERM
ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH
That Planning & Environment Committee Agenda Item 3 be referred to the General Committee
due to the significance of the issue.
4 MCU15/0069.01 – OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND SHORT-TERM
ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE BEACH
That Planning & Environment Committee Agenda Item 4 be referred to the General Committee
due to the significance of the issue.
5 MCU19/0114 PLANNING & ENVIRONMENT COURT APPEAL NO 970 OF 2021 -
APPLICATION FOR A SENIORS LIVING COMMUNITY, NEW COOROY GOLF
CLUBHOUSE & FACILITIES, BOUNDARY REALIGNMENT & ACCESS EASEMENT AT 30,
114, 122 & 144 MYALL ST, COOROY
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 July 2021 regarding Planning & Environment Court
Appeal 970 of 2021 and agree to defend the appeal.
Page 6 of 38
Section 7
ORDINARY MEETING MINUTES 15 JULY 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 6 JULY 2021
3 2021-22 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) - EVENTS
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 in relation to
the funding recommendation to Noosa District Rugby Union Club Inc. I am a member, my husband is a
member and sponsor and my son plays for this club. 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 stand to
receive a personal benefit or loss in relation to this funding. 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.
Cr Wilkie assumed the Chair for this item for the purpose of considering the conflict of interest declaration
by Cr Stewart.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable
person would not have a perception of bias because Cr Stewart does not stand to receive a personal
benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Cr Stewart did not vote on the above motion.
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Lorentson
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1
2021-22 Community Project Grants – Events provided in Attachment 1 to the report.
Carried unanimously.
5 2021-22 COMMUNITY GRANTS PROGRAM FUNDING – COMMUNITY PROJECT GRANTS
(ROUND ONE) – INFRASTRUCTURE
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by the Cooroora United Football Club as I have donated a total of $600 between
December 2016 and December 2019 to that club. This was for both a junior bursary and general
goodwill. Although I have a declarable conflict of interest, I do not believe a reasonable person could
have a perception of bias because of the community nature of this donation. 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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
Page 7 of 38
Section 8
ORDINARY MEETING MINUTES 15 JULY 2021
I, Cr Wegener inform the meeting that I have a declarable conflict of interest in this matter in relation to
the application by Sunshine Butterflies as on 23 October 2020 I provided them with a donation of
surfboard making equipment valued at approximately $1200. Although I have a declarable conflict of
interest, I do not believe a reasonable person could have a perception of bias because I do not have
any other association with that organisation and believe I can make the decision 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.
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public
interest that Cr Stockwell participates and votes on this matter because Council believes that given the
community nature of Cr Stockwell’s donation to the Club, a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Crs Stockwell and Wegener did not vote on the above motion.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public
interest that Cr Wegener participates and votes on this matter because Council believes that Cr
Wegener does not have a close association with Sunshine Butterflies and therefore a reasonable person
would trust that the final decision is made in the public interest.
Carried unanimously.
Crs Wegener and Stockwell did not vote on the above motion.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1
2021-22 Community Project Grants – Infrastructure provided in Attachment 1 to the report.
Carried unanimously.
7 COMMUNITY PROGRAM FUNDING – COMMUNITY ALLIANCE 2021/22
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 in relation to
the funding recommendation to Sunny Kids Inc. I make regular monthly donations to this charity.
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 stand to receive a personal benefit or loss in relation to this
funding. 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.
Cr Wilkie assumed the Chair for this item for the purpose of considering the conflict of interest declaration
by Cr Stewart.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable
Page 8 of 38
Section 9
ORDINARY MEETING MINUTES 15 JULY 2021
person would not have a perception of bias because Cr Stewart does not stand to receive a personal
benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Cr Stewart did not vote on the above motion.
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended 2021/22
Community Alliance agreements as provided in Attachment 1 to the report.
Carried unanimously.
9 COMMUNITY PROGRAM FUNDING – THREE YEAR MAINTENANCE OF COMMUNITY
SPORTS FIELDS
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 in relation to
the funding recommendation to Noosa District Rugby Union Club Inc, Noosa Australian Football Club
and Tewantin Noosa Cricket Club. I am a member, my husband is a member and sponsor and my son
plays for the Noosa District Rugby Union Club. My son also plays for the Noosa Australian Football Club
and Tewantin Noosa Cricket Club. 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 stand to receive a personal
benefit or loss in relation to this funding. 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.
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following
declaration to the meeting of a declarable and prescribed conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have both a declarable and prescribed conflict of interest in this
matter in relation to the proposed funding allocations to the Cooroora United Football Club and Noosa
Lions Football Club. I have donated a total of $600 to the Cooroora United Football Club between
December 2016 and December 2019 for both a junior bursary and general goodwill. I am also the
current President of the Noosa Lions Football Club. As a result of my conflicts of interest, I will now leave
the meeting room while the matter is considered and voted on.
Cr Stockwell left the meeting.
Cr Wilkie assumed the Chair for this item for the purpose of considering the conflict of interest declaration
by Cr Stewart.
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Finzel
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable
person would not have a perception of bias because Cr Stewart does not stand to receive a personal
benefit or loss in relation to this funding, and therefore a reasonable person would trust that the final
decision is made in the public interest.
Carried unanimously.
Cr Stewart did not vote on the above motion.
Cr Stewart resumed the Chair.
Page 9 of 38
Section 10
ORDINARY MEETING MINUTES 15 JULY 2021
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended three year
Maintenance of Community Sports Fields agreements as provided in Attachment 1 to the
report.
Carried unanimously.
Cr Stockwell returned to the meeting.
10 COMMUNITY TENURE RENEWALS
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 in relation to
the proposed lease renewal for the Sunshine Coast Sports Aviators as one of the Club members, David
Cookman, donated $500 on 17 March 2020 to my 2020 election campaign and also put up corflutes for
me during this campaign. Mr Cookman, is not the applicant for the proposed lease renewal nor is the
renewal being issued to him. As such, there does not appear to be any personal benefit accruing directly
to Mr Cookman. He is simply a member of a community organisation that is receiving a proposed lease
renewal from Council. Mr Cookman is not a current committee member, although he has been a
committee member in the past. I understand that he is a life member of the community 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 Mr Cookman does not stand to receive a personal benefit or loss in relation to
this application. 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.
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 in relation
to the proposed lease renewal for Sunshine Coast Sports Aviators as one of the Club members, David
Cookman, approached me after a Meet the Candidates night and asked for some election campaign
posters to advertise on his properties. I did not know Mr Cookman or have any relationship with him
prior to meeting him that night. Mr Cookman is not a current committee member, although he has been
a committee member in the past. I understand that he is a life member of the community group. As such,
there does not appear to be any personal benefit accruing to Mr Cookman as a result of the lease
renewal. Although I have a declarable conflict of interest, I do not believe a reasonable person could
have a perception of bias because I do not consider that I have a close personal relationship with Mr
Cookman and I believe Mr Cookman does not stand to receive a personal benefit or loss in relation to
this matter. 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.
Cr Wilkie assumed the Chair for this item for the purpose of considering the conflict of interest declaration
by Crs Stewart and Lorentson.
Council Resolution
Moved: Cr Finzel
Seconded: Cr Wegener
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public
interest that Cr Stewart participates and votes on this matter because Council believes that a reasonable
person would not have a perception of bias because Mr Cookman does not stand to receive a personal
benefit or loss in relation to this tenure renewal in relation to this funding, and therefore a reasonable
person would trust that the final decision is made in the public interest.
Carried unanimously.
Crs Stewart and Lorentson did not vote on the above motion.
Page 10 of 38
Section 11
ORDINARY MEETING MINUTES 15 JULY 2021
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Stockwell
That Council note the declarable conflict of interest by Cr Lorentson and determine that it is in the public
interest that Cr Lorentson participates and votes on this matter because Council believes that a
reasonable person would not have a perception of bias because Mr Cookman does not stand to receive
a personal benefit or loss in relation to this tenure renewal in relation to this funding, and therefore a
reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Crs Stewart and Lorentson did not vote on the above motion.
Cr Stewart resumed the Chair.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Property Officer to the Services & Organisation Committee
Meeting dated 6 July 2021; and
A. Authorise the Chief Executive Officer to enter into tenure renewal negotiations with
community organisations noted in Attachment 1, in accordance with the Community
Purpose Land and Infrastructure Tenure Policy; and
B. Apply the exception to the requirement for tendering under Section 236 (1) (b) (ii) of the
Local Government Regulation 2012 for disposal of a non-current asset other than by
tender or auction if the valuable non-current asset is disposed of to a community
organisation.
Carried unanimously.
The following Recommendations from the Services & Organisation Committee were
adopted without discussion or further amendment.
Council Resolution
Moved: Cr Wilkie
Seconded: Cr Jurisevic
That the report of the Services & Organisation Committee dated 6 July 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
1 APPOINTMENT OF 2022 SHOW HOLIDAY
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 6 July 2021 and request the Chief Executive Officer to apply to the
Office of Industrial Relations for the appointment of Friday, 9 September 2022 as a special
holiday for Noosa Shire.
2 2021-22 COMMUNITY GRANTS PROGRAM – COMMUNITY PROJECT GRANTS (ROUND
ONE) AND THREE YEAR AGREEMENTS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 regarding recommended Round 1 2021-
22 Community Project Grants, three year Community Halls and Centres, three year Sports
Field Maintenance Agreements and one year Alliance agreements.
Page 11 of 38
Section 12
ORDINARY MEETING MINUTES 15 JULY 2021
4 2021-22 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS (ROUND
ONE) – EQUIPMENT
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1
2021-22 Community Project Grants – Equipment provided in Attachment 1 to the report.
6 2021-22 COMMUNITY PROGRAM FUNDING – COMMUNITY PROJECT GRANTS (ROUND
ONE) - PROGRAMS
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended Round 1
2021-22 Community Project Grants – Programs provided in Attachment 1 to the report.
8 COMMUNITY PROGRAM FUNDING – THREE YEAR MAINTENANCE AND MANAGEMENT
OF COMMUNITY HALLS OR CENTRES (1 JULY 2021 – 30 JUNE 2024)
That Council note the report by the Community Development Manager to the Services &
Organisation Committee Meeting dated 6 July 2021 and approve the recommended three year
Maintenance and Management of Community Halls or Centres agreements as provided in
Attachment 1 to the report.
11 NOOSA CYCLING AND WALKING STRATEGY AND IMPLEMENTATION PLAN
ENDORSEMENT
That Services & Organisation Committee Agenda Item 11 be referred to the General
Committee due to the significance of the issue.
Page 12 of 38
Section 13
ORDINARY MEETING MINUTES 15 JULY 2021
3 GENERAL COMMITTEE MEETING REPORT – 12 JULY 2021
1 MCU19/0119.02 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND SHORT-TERM
ACCOMMODATION AND OPERATIONAL WORKS (DRAINAGE WORK, STORMWATER,
EARTHWORKS, LANDSCAPING, CARPARKING & ACCESS) 2 NOLA STREET,
NOOSAVILLE
Deferred to Further Report to the Ordinary Meeting.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That the operation of the Standing Orders or any relevant provision thereof be suspended to allow
Council to consider the issue of housing availability for permanent residents in Noosa.
Carried unanimously.
Motion
Moved: Cr Lorentson
Seconded: Cr Jurisevic
A. Request the CEO to urgently provide a report to Council on options available to Council to
address the shortage of housing availability for permanent residents in Noosa with the report
to include consideration of the following:
i. details of what additional data and empirical research is required into the housing
situation in Noosa;
ii. details of the Ministerial condition for the Noosa Plan relating to short term
accommodation and the timing for Council’s response to that condition; and
iii. what interim policy responses may be available to the Council in respect of the impact
of short term accommodation approvals upon available housing supply
B. Note that Council at its Ordinary Meeting of 18 March 2021 resolved to “update the Noosa
Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd in 2017 with regard
to the provisions of Noosa Plan 2020 and the local housing situation and trends” and that this
review shall address the supply of housing for permanent residents, and the impact short term
accommodation has on this supply and inform the assessment of future development
applications for short term accommodation.
Amendment No. 1
Moved: Cr Stewart
Seconded: Cr Finzel
That item A, iv be added to read:
iv. commissioning a report by an independent specialist consultant into the housing situation in
Noosa
Carried unanimously.
Amendment No. 2
Moved: Cr Stockwell
Seconded: Cr Wilkie
That the first line below be inserted above Item A and that Item A be changed to read:
That Council acknowledges the current housing crisis is a priority issue for Council to address and
Page 13 of 38
Section 14
ORDINARY MEETING MINUTES 15 JULY 2021
A: Request the CEO to urgently provide a report to Council on the range of short, medium and
long term options available to Council to address the shortage of housing availability for
permanent residents in Noosa with the report to include consideration of the following.
and that items v, vi, and vii be added to read:
v. the opportunities and potential impact associated with adopting a Temporary Local Planning
Instrument , including to facilitate auxiliary dwelling units in appropriate locations;
vi. opportunities and potential impact of brokering community housing and emergency housing
options on council and community land which targets the most affected demographic groups
(e.g. hospitality workers and single women over 50); and
vii. potential policy positions that advocate for more state and federal government investment in
housing in the shire.
Carried unanimously.
Amendment No.3
Moved: Cr Finzel
Seconded: Cr Wilkie
That item vi. be amended to read:
vi. opportunities and potential impact of brokering community housing and emergency housing
options on council and community land which targets the most affected demographic groups
(e.g. hospitality workers, essential/key workers in the health industry and single women over
50); and
Carried unanimously.
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Jurisevic
That Council acknowledges the current housing crisis is a priority issue for Council to address and
A. Request the CEO to urgently provide a report to Council on the range of short, medium and
long term options available to Council to address the shortage of housing availability for
permanent residents in Noosa with the report to include consideration of the following:-
i. details of what additional data and empirical research is required into the housing
situation in Noosa;
ii. details of the Ministerial condition for the Noosa Plan relating to short term
accommodation and the timing for Council’s response to that condition; and
iii. what interim policy responses may be available to the Council in respect of the impact
of short term accommodation approvals upon available housing supply.
iv. commissioning a report by an independent specialist consultant into the housing situation
in Noosa
v. the opportunities and potential impact associated with adopting a Temporary Local
Planning Instrument, including to facilitate auxiliary dwelling units in appropriate
locations;
vi. opportunities and potential impact of brokering community housing and emergency
housing options on council and community land which targets the most affected
demographic groups (e.g. hospitality workers, essential/key workers in the health
industry and single women over 50); and
vii. potential policy positions that advocate for more state and federal government
investment in housing in the shire.
Page 14 of 38
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ORDINARY MEETING MINUTES 15 JULY 2021
B. Note that Council at its Ordinary Meeting of 18 March 2021 resolved to “update the Noosa
Council Housing Needs Assessment prepared by Briggs & Mortar Pty Ltd in 2017 with regard
to the provisions of Noosa Plan 2020 and the local housing situation and trends” and that this
review shall address the supply of housing for permanent residents, and the impact short term
accommodation has on this supply and inform the assessment of future development
applications for short term accommodation.
Carried unanimously.
Council Resolution
Moved: Cr Stewart
Seconded: Cr Wilkie
That standing orders be resumed.
Carried unanimously.
6 MCU21/0046 – APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM
ACCOMMODATION AT 2 LOWRY ST, PEREGIAN BEACH
The following material was presented to the meeting in relation to this item:
• Cr Stewart – image - refer to Attachment 3
Motion
Moved: Cr Stewart
Seconded: Cr Finzel
That Council note the report by the Development Planner to the General Committee Meeting
dated 6 July 2021 regarding Application No. MCU21/0046 for a Development Approval for a
Material Change of Use for Short-term Accommodation, situated at 2 Lowry Street, Peregian
Beach and
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development 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
- - Floor Plan – Received by applicant -
on the 18 March 2021
RH Sheet 01-1 CH Site Plan prepared by AV Jennings 19-09-05
Limited
Currency
3. This development approval lapses if the use has not happened by 15 July 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. No more than 8 guests may occupy the premises at any time.
Page 15 of 38
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ORDINARY MEETING MINUTES 15 JULY 2021
5. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
6. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
7. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
8. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
9. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
10. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
11. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the container.
Contact Person
12. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use
of the premises for short stay letting and visitor queries.
13. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible for
the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
Page 16 of 38
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ORDINARY MEETING MINUTES 15 JULY 2021
14. A code of conduct must be developed and provided to all users and occupants of
the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
15. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers
4 to 7 of this development approval.
16. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
17. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
18. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
19. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
Page 17 of 38
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ORDINARY MEETING MINUTES 15 JULY 2021
ii. the number of minors, an individual who is under 18, who are users of
the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
20. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 18; and
b. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in Noosaville and Sunshine Beach.
2. The proposed short term accommodation is identified as a consistent use in the
medium density residential zone by the Noosa Plan 2020.
For: Crs Stewart
Against: Crs Stockwell, Jurisevic, Lorentson, Wilkie, Finzel and Wegener
Lost.
Council Resolution
Moved: Cr Wegener
Seconded: Cr Wilkie
That Council note the report by the Development Planner to the General Committee Meeting
dated 12 July 2021 regarding Application No. MCU21/0046 for a Development Permit for
Material Change of Use - Short-term Accommodation situated at 2 Lowry St Peregian Beach
and:
A. Refuse the application in accordance with the following conditions:
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 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 7.2.6.2 Purpose and Overall Outcome (2)(o)
and Performance Outcome PO1, PO2 & PO15 of the Coastal Communities Local
Plan Code as:
i. The extent of visitor accommodation has started to erode the available
supply of permanent housing in the local plan area.
ii. The proposal seeks to establish a short-term accommodation in an area
which is predominantly permanent residential dwellings; and
iii. 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 9.3.5.2 Purpose and Overall Outcomes (1) and
(2)(f) of the Visitor Accommodation Code as:
i. The proposed visitor accommodation is not appropriately located in Peregian
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Section 19
ORDINARY MEETING MINUTES 15 JULY 2021
Beach being in an area that is predominantly home to permanent residents
and consequently does not integrate well into the area.
ii. The proposed visitor accommodation is likely to detract from the amenity
enjoyed by residents given resident’s reasonable expectations for the area.
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:
i. The proposal seeks to establish a new short-term visitor accommodation
facility within a dwelling and is not located within a well-established resort or
holiday units.
ii. There are a number of sites advertised as being available for visitor
accommodation in the immediate neighbourhood and zoned medium density
residential.
5. There is no need for additional short term accommodation in the area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
For: Crs Wegener, Wilkie, Lorenston, Stockwell, Finzel and Jurisevic
Against: Crs Stewart
Carried.
The meeting adjourned at 6:46pm
The meeting resumed at 6:51pm
The following Recommendations from the General Committee were adopted without
discussion or further amendment.
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Finzel
That the report of the General Committee dated 12 July 2021 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
Carried unanimously
2 RAP21/0016 APPLICATION FOR A REFERRAL AGENCY RESPONSE FOR A DWELLING
HOUSE (FILLING BEYOND 3M OF THE FOOTPRINT OF BUILDING) AT 11 CHURCH ST,
POMONA
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 regarding Application No. RAP21/0016 for a Referral
Agency Response for a Dwelling house (filling beyond 3m of the footprint of building) situated
at 11 Church Street, Pomona and request the assessment manager (private building certifier)
to grant a development approval subject to 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
Page 19 of 38
Section 20
ORDINARY MEETING MINUTES 15 JULY 2021
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
J206156 01A Contour Survey Plan, prepared by Kevin Holt 04/11/2020
Consulting
S4486 Sheet 02 NA Site Plan, prepared by Stylemaster 21/01/2021
S4486 Sheet 04 NA Elevations, prepared by Stylemaster 21/01/2021
S4486 Sheet 05 NA Elevations, prepared by Stylemaster 21/01/2021
Sunset Clause for Referral Agency Response
3. This Referral Agency response is no longer valid if the use has not commenced within 4
years of the date of this notice, unless otherwise extended in writing by Council.
Nature and Extent of Approved Use
4. The approved development is limited to the extent of fill proposed on the site. The
proposed dwelling house does not form part of this approval.
Flood Immunity, Drainage and Earthworks
5. All cut and fill must be in accordance with the Approved Plans.
6. Fill material placed over services must not impose any additional surcharge loading on
the service.
7. Excavation must not be carried out within 600mm of any utility infrastructure (to top, sides
and base of services). A retaining wall must be provided to support the soil surrounding
utility infrastructure where proximate to excavation activities.
8. Compaction with a vibrating roller must not be carried out within 600mm of any utility
infrastructure.
9. Other than for accessways, filling must not extend more than the fill/batter line as shown
on Approved Site Plan, prepared by Stylemaster and dated 21 January 2021.
10. Earthworks required on site must be carried out in accordance with Council’s Planning
Scheme Policy PSP6 - Engineering Design Standards, so as not to cause the additional
ponding of water on any adjoining lands or concentrate or direct overland flow on to an
adjoining property.
Erosion and Sediment Control
11. Prescribed Water Contaminants (as defined in Schedule 10 of Environmental Protection
Regulation 2019) must not be released from the site or to waters within the site, or be
likely to be released should rainfall occur, unless all reasonable and practicable
measures are taken to prevent or minimise the release and concentration of
contamination.
12. Sediment and erosion control measures must be in place prior to works commencing. If
such measures are not in place or are not satisfactory, “on the spot” fines may be issued.
Such fines can be issued if sediments from the site are found to enter or have the
potential to enter Council’s stormwater system, natural waterways, any downstream
stormwater filtration system or adversely impacting on other properties. It is the site's
Principal Contractor who is responsible for ensuring that the sediment and erosion
control measures have:
a. Been revised to address predicted rainfall events, and
b. Achieve the desired environmental outcomes.
Council may request further controls to be installed should the implemented measures
be found inefficient.
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ORDINARY MEETING MINUTES 15 JULY 2021
3 MCU20/0149 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT-TERM
ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 regarding Application No. MCU20/0149 for a
Development Permit for Material Change of Use - Short-term accommodation situated at 29
Ferguson St Sunshine Beach and
A. Request staff to prepare a further report for the Ordinary Meeting dated 15 July 2021
including conditions for approval of the application.
4 MCU15/0069.01 OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL
CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2 DUPLEX AND SHORT-TERM
ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE BEACH
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 June 2021 regarding Application No. MCU15/0069.01 for an Other
Change to a Development Approval for a Material Change of Use for Multiple Housing - Type
2 Duplex situated at 1/39 Duke Street, Sunshine Beach, and
A. Request staff to prepare a further report for the Ordinary Meeting dated 15 July 2021
including conditions for approval of the application.
5 NOOSA CYCLING AND WALKING STRATEGY AND IMPLEMENTATION PLAN
ENDORSEMENT
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 6 July 2021 and:
A. Note the submissions received during the community consultation on the draft Noosa
Cycling & Walking Strategy and Implementation Plan, provided in Attachment 1 to the
report;
B. Adopt the final Noosa Cycling and Walking Strategy and Implementation Plan, provided
in Attachment 2 to the report with the following amendments:
1. On page 38 of the Plan, change the infographic to read:
“$1.45m per annum over the next 10-years estimated to be spent on bike riding
and walking infrastructure in Noosa Shire, in addition to external grant funding”
2. Under Future Projects on page 39, delete the website link to
yoursay.noosa.qld.gov.au and replace with www.noosa.qld.gov.au/cycling-
walking-strategy
C. On page 23 of the Plan, change Task 2.3 to read:
2.3 Investigate opportunities to enhance or add end-of-trip facilities in key centres and
tourist hubs. Implement a prioritised program for upgrading of existing public facilities (eg
public toilets with showers) and the construction of new end-of-trip facilities, including
electric charging stations and lockers as well as surfboard racks at designated beachside
locations (with the latter being considered as a short term priority issue). Investigate
opportunities to partner or incentivise private sector to develop end-of-trip facilities for
their workforce at key locations.
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ORDINARY MEETING MINUTES 15 JULY 2021
7 T000042 – TEWANTIN BYPASS STAGE 1 – WATERMAIN RELOCATION
That Council note the report by the Designer Capital Works to the General Committee Meeting
dated 12 July 2021 and
A. Award Contract T000042 for the construction of the Tewantin Bypass Stage 1 –
Watermain Relocation works to M&K Pipelines Pty Ltd for the lump sum price of
$554,795 excluding GST;
B. Approve expenditure under this Contract up to $767,480 excluding GST, including
contingency spend.
8 TOURISM FUNDING AGREEMENT REVIEW PROCESS
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 12 July 2021 and note that the CEO will work through a review process with Tourism
Noosa with the intent of finalising a new Funding Agreement for consideration by Council by
the end of 2021 noting that any new agreement will not commence until 1 July 2022.
Page 22 of 38
Section 23
ORDINARY MEETING MINUTES 15 JULY 2021
9 ORDINARY MEETING REPORTS
1 FURTHER REPORT - MCU19/0119.02 FOR AN OTHER CHANGE APPLICATION TO A
DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE FOR MULTIPLE
HOUSING – TYPE 2 DUPLEX AND SHORT TERM ACCOMMODATION AND
OPERATIONAL WORKS AT 2 NOLA STREET, NOOSAVILLE
Council Resolution
Moved: Cr Stewart
Seconded: Cr Stockwell
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 and the further report to the Ordinary Meeting dated 15
July 2021 regarding Application No. MCU19/0119.02 & OPW19/0216.02 for an Other Change
to a Development Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex
and Short-term accommodation and Operational Works (Drainage work, Stormwater,
Earthworks, Landscaping, Carparking & Access) situated at 2 Nola Street, Noosaville and
A. Approve the application in accordance with the following additional 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
CDO.O B Cover Page 1.10.19
CD1.0 B Site Plan 1.10.19
CD3.0 B Duplex Plans 1.10.19
CD5.O B Duplex Elevations 1.10.19
Currency
3. This development approval lapses if the use has not happened by 15 July 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 3 per dwelling unit.
5. No more than 6 guests may occupy each dwelling unit at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
7. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
8. The operation of the approved use must not detrimentally affect the residential
Page 23 of 38
Section 24
ORDINARY MEETING MINUTES 15 JULY 2021
amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
9. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
12. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the container.
Contact Person
13. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use
of the premises for short stay letting and visitor queries.
14. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible for
the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
15. A code of conduct must be developed and provided to all users and occupants of
the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
16. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the
Page 24 of 38
Section 25
ORDINARY MEETING MINUTES 15 JULY 2021
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers
4 to 7 of this development approval.
17. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
19. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
20. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of
the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
21. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 18; and
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ORDINARY MEETING MINUTES 15 JULY 2021
b. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in Noosaville and Sunshine Beach
2. The proposed short term accommodation is identified as a consistent use in the
medium density residential zone by the Noosa Plan 2020.
For: Crs Stewart, Jurisevic, Stockwell, Lorentson and Finzel
Against: Crs Wegener and Wilkie
Carried.
Cr Stockwell left the meeting.
2 FURTHER REPORT - MCU20/0149 – FOR APPLICATION FOR A MATERIAL CHANGE OF
USE FOR SHORT-TERM ACCOMMODATION AT 29 FERGUSON ST, SUNSHINE BEACH
Council Resolution
Moved: Cr Lorentson
Seconded: Cr Stewart
Cr Stockwell returned to the meeting.
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 6 July 2021 and the further report to the Ordinary meeting dated 15
July 2021 regarding Application No. MCU20/0149 for a Development Permit for Material
Change of Use - Short-term accommodation situated at 29 Ferguson St Sunshine Beach and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied
with prior to the use commencing, and then compliance maintained at all times
while the use continues.
Approved Plans
2. Development 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
A000 W Site Plan 11/03/21
A101 W Basement Plan 11/03/21
A102 W Ground Floor Plan 11/03/21
A103 W Roof Plan 11/03/21
A201 W Elevations 11/03/21
A202 W Elevations 11/03/21
A203 W Elevations 11/03/21
A204 W Elevations 11/03/21
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ORDINARY MEETING MINUTES 15 JULY 2021
3. The building including the roofed terrace must be setback a minimum of 6m from
the front boundary to Ferguson Street.
Currency
4. This development approval lapses if the use has not happened by 15 July 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
5. The total number of bedrooms on the site must not exceed 3.
6. No more than 6 guests may occupy the premises at any time.
7. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
8. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
9. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
10. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
11. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
12. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
13. Waste containers must:
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the container.
Contact Person
14. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
Page 27 of 38
Section 28
ORDINARY MEETING MINUTES 15 JULY 2021
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use
of the premises for short stay letting and visitor queries.
15. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible for
the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
16. A code of conduct must be developed and provided to all users and occupants of
the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
17. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the
vicinity of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a tent,
caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a nuisance
(including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers
4 to 7 of this development approval.
18. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
19. The contact person must maintain a record of all complaints received, identifying
Page 28 of 38
Section 29
ORDINARY MEETING MINUTES 15 JULY 2021
how each complaint has been resolved or addressed within a reasonable time.
20. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
21. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of
the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
22. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 19; and
b. the register referred to in condition 21
B. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in Noosaville and Sunshine Beach
2. The proposed short term accommodation is identified as a consistent use in the
medium density residential zone by the Noosa Plan 2020.
For: Crs Lorentson, Stewart, Stockwell, Jurisevic and Finzel
Against: Crs Wegener and Wilkie
Carried.
3 FURTHER REPORT - MCU15/0069.01 OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR A MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING - TYPE 2
DUPLEX AND SHORT-TERM ACCOMMODATION AT 1/39 DUKE STREET, SUNSHINE
BEACH
Council Resolution
Moved: Cr Finzel
Seconded: Cr Lorentson
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 6 July 2021 and the further report to the Ordinary Meeting dated 15
July 2021 regarding Application No. MCU15/0069.01 for an Other Change to a Development
Approval for a Material Change of Use for Multiple Housing - Type 2 Duplex And Short-Term
Accommodation at 1/39 Duke Street, Sunshine Beach and:
A. Approve the application in accordance with the following additional conditions:
PLANNING
When Conditions must be Complied With
Page 29 of 38
Section 30
ORDINARY MEETING MINUTES 15 JULY 2021
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
SD.101 S5 Site/Cover Sheet, prepared by Kidd + Co 31.08.2015
SD.201 S5 Ground Floor Plan, prepared by Kidd + Co 31.08.2015
as annotated by Council
SD.202 S5 First Floor Plan, prepared by Kidd + Co as 31.08.2015
annotated by Council
SD.501 S5 Elevations, prepared by Kidd + Co as 31.08.2015
annotated by Council
SD.502 S5 Elevations, prepared by Kidd + Co as 31.08.2015
annotated by Council
SD.503 S5 Elevations, prepared by Kidd + Co as 31.08.2015
annotated by Council
Currency
3. This development approval lapses if the use has not happened by 15 July 2027,
unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
4. The total number of bedrooms on the site must not exceed 3.
5. No more than 6 guests may occupy the premises at any time.
6. All outdoor areas, including balconies, decks, pool and the like, must not be used
after 9pm each night.
7. The premises must not be used as a party house, with no events, functions or
parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for
example) permitted on site.
Amenity
8. The operation of the approved use must not detrimentally affect the residential
amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed
by surrounding residents or cause a nuisance, including a noise nuisance.
Car Parking
9. Existing car parking on site, as detailed on the approved plans, must be
maintained and kept available for users of the short term accommodation.
10. All car parking areas and access driveways must be maintained exclusively for
vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Waste Management
11. Waste storage and disposal facilities must be provided in accordance with
Planning Scheme Policy 9, Waste Management, including an external imperviously
paved area correctly sized for all refuse and recycling containers and suitably
screened from public places and neighbouring properties.
12. Waste containers must:
Page 30 of 38
Section 31
ORDINARY MEETING MINUTES 15 JULY 2021
a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and
hygienic condition.
b. Be placed on the kerb side frontage of the premises, for the collection of
general waste from the container; and
c. Not be placed on the kerb side frontage for longer than 24 hours before or
after the scheduled collection day for the collection of waste in the container.
Contact Person
13. Prior to the commencement of the use written confirmation must be provided to
Council confirming:
a. the name and telephone number of the contact person (which may include
the name and contact details of an individual, letting agency, property
manager, security firm or the like) for the purposes of the operation of the
short stay letting at the premises; and
b. that the contact person is available 24 hours a day, 7 days a week; and
c. that the contact person resides within 20 minutes travel time (by vehicle) of
the premises; and
d. that the contact person is to be responsible for the supervision and
management of the premises, including addressing complaints about the use
of the premises for short stay letting and visitor queries.
14. A sign must prominently and permanently display in letters and numbers not less
than 50mm in height, a current up to date written notice detailing the contact
person’s phone number, and a statement that the contact person is responsible for
the supervision and maintenance of the premises. The sign must not exceed
0.2m2, be displayed at the front of the premises and be visible to members of the
public at all times.
Code of Conduct
15. A code of conduct must be developed and provided to all users and occupants of
the short term accommodation, including any website or social media used to
promote the use of the premises for short term accommodation.
16. The code of conduct must advise all users of the premises:
a. That the use of the premises must not:
i. detrimentally affect the residential amenity (including but not limited to
noise, overlooking, light spill or odour) enjoyed by residents in the vicinity
of the premises; or
ii. cause a nuisance (including a noise nuisance);
iii. display unacceptable behavior including:
a. loud aggressive behaviour;
b. yelling, screaming, arguing; or
c. excessively loud cheering, clapping and singing.
iv. create a level of noise above the acceptable levels described by
Queensland Government legislation for environmental protection
(noise).
b. That a user of the premises must not sleep or camp on the premises in a
tent, caravan, campervan or similar facility.
c. That each vehicle used by a user of the premises must:
Page 31 of 38
Section 32
ORDINARY MEETING MINUTES 15 JULY 2021
i. be stored in a manner that does not cause a nuisance or inconvenience
to adjoining premises; and
ii. be parked within the parking facilities at the premises where provided.
d. That each user of the premises must store general waste (including the
separation of recyclable waste) produced as a result of the ordinary use or
occupation of the premises in a waste container.
e. That each user of the premises must ensure that the premises, including the
grounds of the premises, are kept in a safe and tidy condition.
f. That pets occupying the premises must be managed and not cause a
nuisance (including a noise nuisance).
g. The nature and extent of the approved use as detailed in conditions numbers
4 to 7 of this development approval.
17. The Code of Conduct must be displayed in a prominent location at the premises
so that it can be viewed by guests.
Complaints Management
18. The contact person must maintain a record of all complaints received, identifying
how each complaint has been resolved or addressed within a reasonable time.
19. The contact person must respond to all complaints within 30 minutes of notification
of a complaint.
20. The contact person, must keep and maintain a register of the use of the premises
for short stay letting or home hosted accommodation, and record in the register,
each of the following:
a. on each occasion on which the premises are used, or occupied, for short stay
letting or home hosted accommodation on a commercial basis:
i. the number of adults who are users of the premises; and
ii. the number of minors, an individual who is under 18, who are users of
the premises.
b. the dates when each person’s use, or occupation, of the premises for short
stay letting or home hosted accommodation began and ended.
21. The contact person, must make available, for inspection by Council, within 5
business days of receipt of a written request given at any time, each of:
a. the written record of complaints referred to in condition 18; and
b. the register referred to in condition 20
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C. Find the following matters relevant to the assessment and sufficient reason to approve
the application:
1. The proposed short term accommodation is consistent with previous approvals
granted in Noosaville and Sunshine Beach
2. The proposed short term accommodation is identified as a consistent use in the
high density residential zone by the Noosa Plan 2020.
For: Crs Stewart, Lorentson, Stockwell, Jurisevic and Finzel
Against: Crs Wegener and Wilkie
Carried.
Page 32 of 38
Section 33
ORDINARY MEETING MINUTES 15 JULY 2021
4 FINANCIAL PERFORMANCE REPORT – JUNE 2021 INTERIM POSITION
Council Resolution
Moved: Cr Jurisevic
Seconded: Cr Wilkie
That Council note the report by the Manager Financial Services to the Ordinary Meeting dated
15 July 2021 outlining the interim 2020/21 full year financial performance against budget,
including key financial sustainability indicators.
Carried unanimously.
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
Nil.
12 NEXT MEETING
The next Ordinary Meeting will be held on 19 August 2021 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
The meeting closed at 7.48pm
Page 33 of 38
Section 34
ORDINARY MEETING MINUTES 15 JULY 2021
Attachment 1
Page 34 of 38
ORDINARY MEETING MINUTES 15 JULY 2021
Attachment 1
Petition Against Impending
Little Cove Parking Restrictions
To The Mayor, Clare Stewart
Noosa Council
7 July 2021
We enclose our petition against the
Proposed Restrictions Which
Will Severely Impact
The Amenity of All Little Cove
Residents & Visitors
Noosa Heads 4567
Page 34 of 38Section 35
ORDINARY MEETING MINUTES 15 JULY 2021
Page 35 of 38
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ORDINARY MEETING MINUTES 15 JULY 2021
Page 36 of 38
ORDINARY MEETING MINUTES 15 JULY 2021
street which lacks a foot path, cross the Park Road to access the
pavement, then cross back to be able to traverse up 3-4 flights of
unlit stairs opposite Little Cove apartments - all the while carrying
luggage / attending to children / elderly relatives etc . Upon exiting
the stairs, one will then walk past 50-100 empty car spaces which
council has issued 4HR restrictions
THE RESTRICTIONS ARE SENSELESS & SHOULD NOT BE
IMPLEMENTED
2 Remove residents rights to access any unrestricted daytime
parking as required time to time by visitors/ all sorts of trades
people / carers
As above Visitors / Trades People / Carers / others requiring
parking more than 4HRS are expected to park approx 1km away,
walk down a steep street which lacks a foot path, cross the Park
Road to access the pavement, then cross back to be able to
traverse up 3-4 flights of stairs opposite Little Cove apartments - all
the while carrying their belongings. Upon exiting the stairs, they will
then walk past numerous empty car spaces which council has
issued 4HR restrictions.
THE RESTRICTIONS ARE SENSELESS & SHOULD NOT BE
IMPLEMENTED
Residents rights to access street parking & amenity will be
adversely affected by the unnecessary removal of all
unrestricted parking within the area bounded by Mitti /
Pandanus / Alderly & Kareela Streets.
Residents of streets - Little Cove / Bayview / Allambi & Upper
Hasting - will also have their amenity severely affected. These
residents will encounter a significant increase in traffic &
congestion, extended parking 24/7 in front of their
homes, from people coming from outside the area seeking
unrestricted parking.
THE INTENDED RESTRICTIONS ARE SENSELESS, CANNOT
BE JUSTIFIED, ARE UNPRECEDENTED WITHIN A
RESIDENTIAL AREA, WILL CAUSE SIGNIFIANT DURESS TO
ALL LITTLE COVE RESIDENTS & VISITORS ALIKE AND
SHOULD NOT BE IMPLEMENTED.
HAVE YOUR SAY TO PREVENT THESE RESTRICTIONS
BECOMING REALITY.
Page 36 of 38Section 37
ORDINARY MEETING MINUTES 15 JULY 2021
Attachment 2
Page 37 of 38
ORDINARY MEETING MINUTES 15 JULY 2021
Attachment 2
Attn: the whole of the Noosa Shire Council
RE: Fenced Dog Park in Noosa
My name a and | have created a petition for a Fenced Dog Park in Noosa. Since starting
the petition on the 11” of June 2021, | have received 214 signatures (as of 22/06/2021 @ 9:47pm} in
which | have attached a list of their names and some comments from the signers.
The reason for this petition is to hopefully get a “Fenced Dog Park” in Noosa where dogs can freely
run around ina nice big space without the concern of running onto a main road, forests, people
passing by, houses etc. This would ensure safety to the community and dogs at large.
Some of the comments on the petition suggest having 2 small and big dog section to help people
with smaller dogs that do not feel comfortable being around bigger dogs —however anything fenced
at this stage would be greatly appreciated.
A fenced off-leash dog park in Noosa
7te hues nignedt t
a_i
Ate ew oe, thee pet
o° mote mn yn rel
t lecamenesdetane!
-
s ont arxebow
i would like lo Psves decent sited safe ard secure dog park in —
Norsa. 4 tence? Gog Park go Ihwt Gegs can De orf leash without ,
the fea:fconcer that they may run omto to the main road or off e ont
shea nase stare ee bob
Adex Dar Park (Coovar SD ferce auisiting dog park
~Chanin Pare dott tom Hilton Terrace)
Principal Petitioner: zz,
Agreed Petition Supporters; 214 as at 9:55arn 22/06/2021,
Means of signatures: Shared a link from Change.org on: Facebook: Noosa Community Noticeboard,
Personal Facebook page, test message to friends and others sharing the link
Link of Petition: hitps:/www.change. orq/F encedDogPark-Noosa
People signing the petition were directed to the page to sign and enter their details there.
/
iitigicciad Date: 22 6 202] eS A DY,
RECEIvep ¥\
EI 25 JUN 2021 Is
o\ Noosa Cainaz
change.org
Re The whole of the Noosa Council
Greetings,
A fenced off-leash dog park in Noosa
Page 37 of 38Section 38
ORDINARY MEETING MINUTES 15 JULY 2021
Attachment 3
Image presented by Cr Stewart – MCU21/0043
Page 38 of 38