Planning & Environment Committee Meeting - April 2023
Date: Tuesday, 11 April 2023 at 9:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:52:50
Synopsis: Conservation policies amended, resourcing sought, Split zoning launched, VCA equity, rate refunds, Small Business Charter joined, Tinbeerwah STA escalated, code dispute, Court appeal settled.
Meeting Attendees
Committee Members
Tom Wegener Karen Finzel Brian Stockwell Non-Committee Members
Amelia Lorentson Frank Wilkie Executive Officers
Scott Waters, Chief Executive Officer Kim Rawlings, Director Environment & Sustainable Development Larry Sengstock, Director Infrastructure Services Apologies (Did Not Attend)
AI-Generated Meeting Insight
Key Decisions & Discussions Private Land Conservation Partnerships policy guideline amendments approved; staff to address program resourcing in the 2023–24 budget process (Item 5.1; 02:38–16:32). Re-join/align with in-perpetuity Voluntary Conservation Agreements (VCAs) and reintroduce rate refunds drawn from existing per-property allocations; no net new funding (Item 5.1; 06:09–07:21). Introduce “split zoning” pathway to rezone part of sub‑5ha properties to Environmental Management & Conservation with $1,500/year for three years per property; seven nominations identified (Item 5.1; 04:36–06:01, 14:26–16:13). Council to join the Small Business Friendly Councils Program; CEO delegated to implement Charter actions; no additional budget required beyond core (Item 5.2; 24:38–25:17). Short-term accommodation (STA) at 515 Cooroy Noosa Rd, Tinbeerwah: application moved to General Committee due to significance; officers advise compliance with Visitor Accommodation Code subject to conditions despite sub‑4ha lot (Item 5.3; 34:21–41:13). Minor change approved for medical/office at 28 Eenie Creek Rd to include purpose-built radiation treatment facility; GFA neutral via internal reconfiguration; eight tandem car parks removed but overall parking deemed sufficient by traffic advice (Item 5.4; 41:56–45:11). Settle Planning & Environment Court Appeal BD2147/2022 (dual occupancy, 6 Margit Crescent, Sunrise Beach) on amended plans that now meet site cover/plot ratio/design requirements (Item 5.5; 45:30–48:46). Planning applications decided by delegated authority noted (Item 6.1; 51:47–52:19). Corporate conservation targets reaffirmed: ~42% of Shire under conservation toward 50% by 2030; Land for Wildlife at 415 members covering >5,000 ha (Item 5.1; 09:19–12:14). Benchmarking shows program is under-resourced; proposal for 1.6 FTE subject to budget to meet growing demand (Item 5.1; 12:56–13:29, 13:29–16:13). Small business ecosystem emphasis: 98% of Noosa businesses are small; Charter will catalyze gap analysis, “green” programs, and expand Digital Hub-style supports (Item 5.2; 26:21–33:25). Clarifications: dam fencing not triggered under building regulations; STA triggers SEQwater guidelines checks for on‑site disposal distance; to be verified (Item 5.3; 40:46–41:13). Contentious / Transparency Matters Equity fix for historic two‑tier VCA program (amalgamation-era perpetual agreements vs later five‑year terms) endorsed; officers cited minimal annual cost increase (~$16k) via Environment Levy (Item 5.1; 04:33–07:02). Public money concern over “double dipping” (levy plus rate refunds) addressed: refunds come from each property’s existing allocation and require high compliance (weeds managed, condition standards) (Item 5.1; 06:09–07:21). Debate on assessment codes for STA: chair questioned treating STA as “accommodation” rather than “business” under Business Activities Code; officers clarified statutory use definitions and code applicability (Item 5.3; 35:55–38:38). STA item elevated to General Committee to allow deeper scrutiny, including dam catchment and on-site effluent parameters (Item 5.3; 38:38–41:13). Medical facility car parking reductions tested against independent traffic advice to support transparency on sufficiency (Item 5.4; 41:56–43:53). Court appeal costs acknowledged; mediation required legal and expert engagement due to applicant’s initial non-cooperation (Item 5.5; 47:52–48:46). Legal / Risk Planning Act 2016 s63(5) noted for the minor change decision, evidencing compliance with statutory reporting (Item 5.4). Visitor Accommodation Code vs Business Activities Code: officers emphasized scheme’s defined accommodation uses and relevant codes for impact assessment; reduces duplication risk and aligns with the Noosa Plan (Item 5.3; 35:31–38:38). VCAs: rate refund governance requires pre‑completion of environmental actions; avoids additional public funding exposure and aligns with Environment Levy purpose (Item 5.1; 06:45–07:21). Split zoning requires periodic Planning Scheme amendments; officers will bundle affected properties into state process “from time to time” (Item 5.1; 14:26–16:13). Dam fencing: building regulations do not require fencing for dams; pool on site remains fenced to code (Item 5.3; 40:46–41:13). Appeal settlement posture: amended plans now comply (site cover/plot ratio/asymmetry), mitigating litigation risk though costs were incurred for solicitors and experts (Item 5.5; 45:30–48:46). Conflicts of Interest Brian Stockwell declared a prescribed conflict regarding Suncoast Building Approvals (MCU22-0190), left the room, and did not participate; action recorded under Local Government Act 2009 Chapter 5B (Item 6.1; 51:30–51:47). Environmental Concerns and Conservation Outcomes Conservation partnerships framed as cost‑effective vs land acquisition; historical aerials (Kinkin, Cooroy) illustrate woody regrowth and riparian recovery linked to landowner stewardship (Item 5.1; 07:24–12:14, 16:32–20:13). Program KPIs: Land for Wildlife (since 1998) remains non-binding yet influential; VCAs bind on title; split zoning formalizes protection on smaller lots via rezoning (Item 5.1; 02:38–06:01, 14:26–16:13). Resourcing gap highlighted: comparative benchmarking shows Noosa most under-resourced among 13 SEQ LGAs; proposal for 1.6 FTE to meet demand (Item 5.1; 12:56–13:29). Target alignment: Corporate Plan Environment Theme 1.2 and 2030 “50% land managed for environmental values” reinforced; current ~42% figure cited (Item 5.1; 09:19–10:19, 10:19–12:14). Short Term Accommodation / Short Stay Letting Tinbeerwah STA: five-bedroom dwelling on 2.93ha, up to eight guests; nearest dwelling ~160m across Cooroy Noosa Rd; reserve to east; historic restaurant use noted (Item 5.3; 34:21–35:31). Impact assessment triggered solely by lot size under Noosa Plan; officers state proposal otherwise meets rural visitor accommodation criteria with conditions (Item 5.3; 34:21–35:44). Chair argued STA is a business inconsistent with rural intent and should be assessed under Business Activities Code; officers rebutted per scheme’s accommodation definitions and code mapping (Item 5.3; 35:55–38:38). Risk checks: SEQwater guidelines for on‑site effluent in dam catchment to be verified; dam not subject to pool fencing laws; pool fencing compliant (Item 5.3; 38:38–41:13). Planning Scheme and Built Form Dual occupancy at Sunrise Beach resolved via design amendments: reduced site cover (from 43% to ≤40%) and plot ratio (to ≤0.4:1), and differentiated façades/roof forms to address asymmetry (Item 5.5; 45:30–47:28). Councillor commentary linked bulky outcomes to prior policy shifts (e.g., pitched roof requirements) and resultant litigation exposure for design non‑compliance (Item 5.5; 48:46–49:56). Split zoning rezones mapped owner‑nominated areas that demonstrate environmental values; GIS digitization and owner sign‑off precede inclusion in amendment packages to the State (Item 5.1; 14:49–16:13). Economic Development and Small Business Charter to be signed at Sunshine Coast conference; internal audit to quantify Council’s support to small business over the next year (Item 5.2; 24:38–25:17). Focus on sole traders (58%) and micro firms (98% small businesses) with potential expansion of incubators/shared workspaces and “green” profitability programs (Item 5.2; 26:21–33:25). Digital Hub cited as critical infrastructure enabling uploads/acceleration; model may be adapted to other sectors (Item 5.2; 31:49–33:25).
Official Meeting Minutes
MINUTES Planning & Environment Committee Meeting Tuesday, 11 April 2023 9:30 AM Council Chambers, 9 Pelican Street, Tewantin Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell “Noosa Shire – different by nature” PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 APRIL 2023 1. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Tom Wegener Cr Karen Finzel Cr Brian Stockwell NON COMMITTEE MEMBERS Cr Amelia Lorentson Cr Frank Wilkie EXECUTIVE Scott Waters, Chief Executive Officer Kim Rawlings, Director Environment & Sustainable Development Larry Sengstock, Director Infrastructure Services APOLOGIES Cr Clare Stewart The meeting commenced at 9.31am 2. CONFIRMATION OF MINUTES Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel The Minutes of the Planning & Environment Committee Meeting held on 7 March 2023 be received and confirmed. Carried Unanimously. 3. PRESENTATIONS Nil 4. DEPUTATIONS Nil PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 APRIL 2023 5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 5.1. REVISED POLICY GUIDELINES- PRIVATE LAND CONSERVATION PARTNERSHIPS The following material was presented to the meeting in relation to this item: • Dave Burrows - Conservation Partnership Officer - Refer to Attachment 1 Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Noosa Council (Council) note the report by the Conservation Partnerships Officer to the Planning & Environment Committee Meeting dated 11 April 2023 and; A. Approve the amendments as outlined in the attached updated Private Land Conservation Partnerships Policy Guideline; and B. Request staff to address program resourcing as part of the 2023-24 budget process. Carried Unanimously. 5.2. SMALL BUSINESS FRIENDLY PROGRAM Committee Recommendation Moved: Cr Karen Finzel Seconded: Cr Brian Stockwell That Council note the report by the Project Officer Economic Development to the Planning & Environment Committee Meeting dated 11 April 2023 regarding the Small Business Friendly Councils Program and: A. Approve Council to join the "Small Business Friendly Councils Program" and B. Delegate authority to the Chief Executive Officer to deal with any matters arising from the implementation of the Charter. Carried Unanimously. 5.3. MCU22/0209 APPLICATION FOR MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH Committee Recommendation Moved: Cr Tom Wegener Seconded: Cr Brian Stockwell That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue. Carried Unanimously PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 APRIL 2023 5.4. MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT (COMMERCIAL BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS TYPE 2 - MEDICAL) AT 28 EENIE CREEK ROAD, NOOSAVILLE Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 11 April 2023 regarding Application No. MCU22/0038.01 to make a minor change to an existing approval for Material Change of Use – Commercial Business Type 1 - Office and Commercial Business Type 2 Medical situated at 26 Eenie Creek Road, Noosaville and: A. Approve the change. B. Amend conditions 2, 4, 43 and 52 as outlined in Attachment 1 C. Delete conditions 40, 46, 47, 48 and 49. D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried Unanimously. 5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 OF 2022 – APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH Committee Recommendation Moved: Cr Karen Finzel Seconded: Cr Tom Wegener That Council note the report by the Acting Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 April 2023 regarding Planning & Environment Court Appeal No. BD2147 of 2022 and agree to settle the appeal generally in accordance with the proposed conditions outlined in Attachment 1. Carried Unanimously. 6. REPORTS FOR NOTING BY THE COMMITTEE 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – FEBRUARY 2023 In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a prescribed conflict of interest in this matter: I, Cr Stockwell declare I have a prescribed conflict of interest in this matter as follows: Suncoast Building Approvals are identified as the applicant in number 21 for Development Application MCU22-0190 - I contracted Suncoast Building Approvals to undertake Building Certification for my proposed residence in Boreen Point on the 29 November 2021. This process is currently underway. The total fees associated with the completion of the certification and inspection regime is $5,904 which includes Noosa Council Plumbing and Drainage fees. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 APRIL 2023 Cr Stockwell left the Meeting. Committee Recommendation Moved: Cr Tom Wegener Seconded: Cr Karen Finzel That Council note the report by the Acting Manager, Development Assessment to the Planning & Environment Committee Meeting dated 11 April 2023 regarding planning applications that have been decided by delegated authority. Carried Unanimously Cr Stockwell returned to the Meeting. 7. CONFIDENTIAL SESSION Nil 8. MEETING CLOSURE The meeting closed at 10.23am
Meeting Transcript
Tom Wegener 00:00.000
Everybody, welcome to the Planning and Environment Committee meeting, April 11th, 2023. I declare the meeting open, and I'd like to acknowledge that we are meeting on the traditional lands of the Kabi Kabi people, and I pay my respects to their elders past, present, and emerging. We have an apology from Claire, the mayor, for today's meeting, and we have councillors in attendance, councillor Finzel, councillor Stockwell, and in the room we have Councillor Lorentson and councillor Wilkie, and it was not here. Before we start today, this is our first day with the new computer programming system, with resolved meeting management systems. And for everybody out there that's watching the legions, this is going to make it easier, so much easier for you to follow what's happening here. If you need access to the reports, you can now go onto the website and you don't have to search through the long documents. You can just hit the report you're looking for and get the information much more quickly. And even better for live streaming, you can actually go to the different segments coming up from the meeting and say, I want to watch this segment concerning whatever, some particular point, instead of having to box through the four hours. To the four hours. So we might stumble a little bit today when going through this, but you're in good hands. We have Amelia running the show. Okay, so we will-- can-- we have the minutes in the last committee meeting. Can I have a mover and a seconder for the planning committee meetings? I'll move. Karen Finzel 01:43.004
I'm happy to second. Tom Wegener 01:44.544
Councillor Stockwell, moved. Councillor Finzel, seconded. Who's there to vote? Venomous. Okay. All right. Is that all good there, Linda? Amelia Lorentson 01:58.500
Just one more. Tom Wegener 02:05.780
Welcome, everybody, in the audience today. Okay. So let's go to the first agenda item, which is revised council policy guidelines, private land conservation partnerships. And today we have the great Dave Burrows, Camille, and Tim Rawlings in the room. Dave, will you walk us through these reports? Dave Burrows 02:38.640
Certainly, Councillor. So this report is to do two things, is to provide an update to the private land conservation partnerships program, and also to recommend some changes to the actual Voluntary Conservation Agreement program as well. So the report talks about land to wildlife, how successful it's been in Noosa Shire since 1998. It gives some metrics about program growth. It indicates that the program is highly, highly successful. It indicates that the program is highly, highly sort of resonates with the rural community in the sense we've got 415 members now joined, covering in excess of 5,000 hectares of land. So it's proven highly beneficial. So that's basically the update on land to wildlife. We're not proposing any changes to the land to wildlife program. It's successful as is. We are proposing some changes to the voluntary conservation agreement program. And the main changes we're talking about is getting rid of the five-year funding cap for the agreement to make it in perpetuity. And the second proposal is to actually reintroduce rate refunds. Just to give you some background, the voluntary conservation agreement program started when Noosa Shire was amalgamated with Sunshine Coast Council. during the during the time of that amalgamation the VCA program had done in perpetuity agreements with the same landowner and rate refunds as outlined in the report. So those properties when we de-amalgamated those properties that were signed up during amalgamation have that type of that level of agreement because it's a contractual obligation and then the second term of the new Noosa Council decided to make just a five-year term and get rid of the rate refunds. So we've got a two-tier program which has inequity in it so what we're proposing to do is address that inequity to make the program consistent. system. Tom Wegener 04:35.010
The third thing we're doing in this report is proposing a third program So the land for wildlife is basically a non-binding program. Voluntary conservation agreements are binding on title but we've got a minimum size property size of five hectares. The split zoning is proposing to work with those landowners who want to protect their land but don't have the site, the values of the biodiversity values to sort of go for a full VCA so it's up to five hectares in size. The split zoning in fact is a rezoning under the Noosa Plan where part of the property can be rezoned as environmental management and conservation. So what we're proposing is entering agreements with those landowners who want to come forward to do so with a three-year funding window of $1,500 a year. program we're asking we talk about what that means to the bottom line in terms of the funding amounts there in the report there on the stone not going to the confidential numbers and so with the So with the VCA increase the funding will increase by $16,000 a year which is a fairly minimal amount that's what comes out of the environment levy with the split zoning there's seven properties who have nominated for split zoning that'll come up to $10,500 a year. Karen Finzel 06:09.580
Yeah I just have a question thank you for your information there around the what comes out of the environmental levy to to fund it. What comes out of it? Brian Stockwell 06:23.120
You're seeking an increase in the environmental levy but at the same time you're also seeking to get a rate refund. Good okay. Dave Burrows 06:35.380
So to me that's why we're getting two opportunities for public money. So how are we justifying that? Council each VCA property has a specific funding allocation based on the size of the property. So if the funding allocation for a property is for example three thousand dollars a year. They can, under this proposed amendment, they can use some of that three thousand dollars for a rate refund. There's no additional funding. Oh they apply for that? They apply for that. Okay. And the rate refund has got a lot of governance around it in the sense that all the other actions have got to be done, like all the weeds managed, you know, so the property's got to be in a relatively pristine condition before they can apply for a rate refund. So there's no additional funding. Okay, thanks for that. It's just a re-diverting of some of the funding for that. Karen Finzel 07:21.280
Yeah, thank you for the clarification. Brian Stockwell 07:23.600
I just remembered, I did have a question. Table 1 in your report, it's entitled Comparison of Land Acquisition and DCA Costs. I don't think that's going to do that. 2009 to 2013. So those figures are average per hectare figures for those particular four years that haven't been increased or CPI'd because I would have thought the difference between land acquisition and DCA's in the current environment is probably ten times higher. Dave Burrows 07:55.556
Correct, yeah, correct. That's just to show the ratio but I agree entirely with what you're saying with property values now. Tom Wegener 08:06.200
Question from Amelia. Amelia Lorentson 08:07.780
Hi, Dave. In terms of the two tier system, so Council made the decision to adopt five years and not go with the... of perpetuity. Can I ask what their reasons were at the time? Dave Burrows 08:24.566
Well, I wasn't here, Council. I can only assume it was financial reasons. It might have been just more financial restraint in the post-de-amalgamation period. They were trying to possibly save money, I think, but I really... I can only surmise that. Tom Wegener 08:42.080
Well, just because the day's here and there's no pleasant person to talk to in this world... But kind of on a philosophical note, so we... the right payer will be giving a little bit extra to this, but the value that we get is we're going towards succeeding with the environment strategy, and the environment strategy... and the environment strategy said we have 50% of land value, and that's something that was voted on. You said the Shire residents have definitely voted for that. They've taken a big part of it, and this is how we're going to get there, so we're just taking another step forward. Is that right? Dave Burrows 09:19.615
Correct, Councillor. If you just look at the PowerPoint on the second slide there... it's under the new corporate plan and the old corporate plan, it's specifically mentioned as Environment Theme 1.2: Partner with landowners to manage, protect and regenerate natural environmental assets. And again, as you articulated before, by 2030 there's no net loss of ecosystem barriers and half of the land was managed for its environmental barriers, so engaging with private landowners is a clear outcome of the clear outcome of the corporate plan and the environment strategy. Tom Wegener 09:53.514
It's obviously cheaper than using the environment levy to purchase land as well. Dave Burrows 09:57.434
Well, it is. There's still a place for both, but I think this is a really good tool to use as Tom Wegener 10:02.314
Well. And how many other Shiders have been? How many other Shiders have managed to make 50% of their land for environmental levy? Dave Burrows 10:09.488
I would think none. Tom Wegener 10:12.328
Another person? Dave Burrows 10:13.948
Well, definitely. Kim Rawlings 10:14.908
We're not quite there yet, but we will be. We'll get there. We'll get there. Karen Finzel 10:18.422
Yeah. Just to clarify that on page three, it says we're currently sitting at 36.6% of the Shires under conservation protection, and our target is, isn't it, to reach 50% by 2030. Is that correct? Yeah. Our current figure is actually, it's updated from that. It's sitting at about 42%. Okay. Yep. Dave Burrows 10:39.982
That includes land for wildlife properties. That's right. Kim Rawlings 10:43.062
Yeah. Karen Finzel 10:43.782
Yep. So just to clarify, we're not at 50%. That's a target. That's a target. Yeah. Dave Burrows 10:51.865
If I can just say another thing. At the agenda review last week, you asked for some aerial photograph comparisons. We just knocked up a couple of quick ones. So this is the Kincun area. So we've got a comparison between 1958 and 2022 there. So obviously, So obviously, we're looking at agricultural areas and the Kincun Valley was one of the major areas that was cleared in the early 1900s for agriculture, bananas, beans, grazing, dairy. So you can kind of see the change in what event the country to the The country to the left-hand side of both screens is the Wundum National Park, which back in '58 was a forest reserve, but obviously all that cleared land to the east is all the Kincun Valley there. You can see the- and from that time you can see the amount of woody vegetation. You can see the amount of woody vegetation that's regrown, particularly along the creek lines. And I'm not going to sort of say that's all the result of land for wildlife, that's the result of many purposes. It might be property subdivision, but the key reason is landowner. It's just landowner aspirations. They want to see more vegetation on the property and land for wildlife is just one of those things where council can actually support those landowners. Fantastic. And the second one, sorry, the Cooroy area. So it's very much the same story, the bottom left hand. The corner is the West Cooroy State Forest which is now National Park and again you can see the way the woody vegetation coverage has pretty much extended over the waterways and some of the steep slopes, so it's a good story. Kim Rawlings 12:14.680
It also supports our natural areas too, you know, through weed management and that sort of thing, you know, reducing the amount of weeds going onto protected areas as well. If you have good private landowner management as well, so yeah. Tom Wegener 12:28.848
As you mentioned in the Healthy Waterways report, that most of the silt coming off the areas comes from underneath lantana trees. Which really was surprising. So yeah. Any further questions? Yeah, I just have a question. Karen Finzel 12:43.937
So with regards to this, will there be any changes for staff as we progress this? Will you need more council staff to help manage anything? Or are you satisfied that staffing is adequately provided? Dave Burrows 12:56.767
Councillor, there's growing demand for the service, for the community. We did a benchmarking exercise. I mean, I'll say that Sunshine Coast Council have got seven staff doing what one person does in Noosa Council. So even though it's a bigger Shire and there's more rate payers, so the benchmarking across all 13 local SEQ local governments shows that it in terms of equivalent FTEs, Noosa Shire is the most under resourced. So I'm just giving you that as a as a bare fact but I'm not, we are actually looking at increasing some resourcing next financial year. Kim Rawlings 13:29.363
We've put up for additional resourcing in this program for a couple of years now. Okay. And again we will this year because there is a growing demand. Okay, thank you. Salute. Oh sorry, just a question. Karen Finzel 13:42.766
So will that come up through your, you've requested staff to address program resourcing as part of the 23/24 budget so will staffing be included in that? Yes, so that's correct. So it will be Kim Rawlings 13:51.866
1.6 FTE in total. 1.6. So it will be one full-time staff member and one part-time staff member. Still subject to budget? Yeah. Thank you. Amelia Lorentson 14:09.101
Just a couple of questions. So in terms of the BCA and the split zoning program, the policy makes reference that there's possibly plan amendments. Can you explain what's been done about that? Dave Burrows 14:27.629
Under the Noosa Plan, as part of that, every property in Noosa Shire is allocated in zoning, whether it be urban, rural, residential, industrial, et cetera, et cetera. All the properties in the hinterland are zoned rural or rural residential. So what we can actually do under a planning scheme amendment is rezone part of that property as environmental management and conservation. Kim Rawlings 14:49.887
We've actually been offering the program informally for some time, and there has been some So this is really formalizing, formalizing the program. So just a question that's following on from that then. So in the report, it says on page 12, from time to time, we put the plan. We put the planning scheme amendments around this up to state. Have we got anything in the pipeline at the moment to send an amendment up? Yeah, we have. We have. And what we would do is when we do an amendment package, we would just package that up with us, with the other amendments. this. So we just let them say from time to time. It's not something we probably run on its own. We just, when we do our rounds of amendments, we include those sorts of options. Karen Finzel 15:32.704
Thank you. And then just one other question then. It says that the Environmental Management and Conservation Zone, and I guess it's the owner, marks up the nominated area on a map of the property. So how do we formalise that mapping if the owners... The owners, do they give us a map or...? Dave Burrows 15:53.576
I go out on the property with a hard copy map, we talk it to, we negotiate, the owner says this is the area I want, then I go to our GIS section, they digitise the map internally, then I send the owner back that map and say is that what you want? And they say yes, then they sign a letter saying this is what we want, and it's formalised that way. That's what strategic planning need to have in their record keeping. Karen Finzel 16:12.829
So it's just based on what the owner wants to see. Absolutely. And it's also based on the environmental values of the site. Yeah, giving away pudding. Yeah, that's what I'm wondering. Kim Rawlings 16:20.783
Absolutely. So to qualify for the zone, it has to have the environmental values. That's the first pass. If it doesn't meet that, then it's not an option for the program. Yeah. Thank you. Okay. Brian Stockwell 16:32.469
So mine's just a comment, and I don't think it needs, well, I'll tell you what it is. Just in the guideline, there's, in the second sentence on land for wildlife, you go into a bit of current details. I think for a guideline, it's probably unnecessary. Subtitles by Premier Captioning & Realtime Ltd. So the sentence is that... www.pcr.ie Let's see whether you agree and just have a minor amendment available if that's what you think is fine. I'll move the recommendation. I do say, I think as we continually see a massive increase in land value, the opportunities for acquisition are going down, but the opportunity to achieve those targets that we had on the screen through private nature conservation becomes not only more affordable, but it's also a long-term more effective, that you're embodying within the landowner a sense of responsibility. So to me, this is really important to get right. Yeah, we did restrict the number of years that you could get the contribution or the payment for a VCA, and it was as a result of concerns about the financial implications. But as we've seen, the difference is minor. And if we look at the opportunities going forward, it still is, it's only ever going to be a portion, a very small portion of buying a similar amount of land. So it probably makes sense to make it conducive and also the equity between the existing and the ones that existed prior to that change and the ones after. It was also interesting to see the comparisons between 1958 and we probably don't realise the significance of the change every day. I remember when we started and I'll move Kabi at the time was the Long Dukes living person who'd been born in the Cooroy area. He got up in front of everyone around Lake Macdonald and said I want you to look around. He said when I was a boy you couldn't see a tree. It's all regrowth. He said there's banana farms doing the bananas. They got a disease and then it was replaced by beans. And so we've had this to Huge response over many decades and what's left to do is probably the the harder thing to do and that's getting in there and protecting those areas that make key links and if you look at that Cooroy map it's one of the key areas where we get an east-west and a north-south connection which those sort of long regional scale. connectivity is really important in climate change environments because you want species to be able to migrate into different temperature zones, different altitudes etc. So to me this is an important change and it's a useful guideline. It is only guiding staff but still every decision about a BCA has to come to council as would a change in the zoning so I think it does just reflect. It does just reflect the changes and policies that have been made incrementally over the last 12 years so I think it's a good step. Amelia Lorentson 20:12.979
Can I ask, can I allow to ask the question for you? No, no, sorry. Do you want to speak to that, speak to the question? Karen Finzel 20:21.099
Yeah, sure. Look, I think anything that supports, you know, protection of our environmental values and moving forward. And moving forward to a sustainable future for generations to come is, you know, really supported. It was shown in our liveability survey that was in the top three things that people valued when we engaged with the community. So, yeah, I'm happy to support anything that continues bringing, you know, that protection for future generations is well worth looking at. I like the idea that it goes back to state for amendments, shows it's not just Noosa. Shire, it's across the board, everyone across, you know, Australia and the State is interested in how we're progressing and trying to reach targets for, you know, climate change and meeting our own targets. Meeting our own targets with our expenditure through our corporate plan, our policy guidelines, and where we're headed as a council. So, you know, I support this today. Tom Wegener 21:17.787
I'd like to just briefly say that when we were making a trade-off, you know, the rest of... the entire residents and rate payers are making a contribution to this, and what are we getting back? And I think as a community, what we get back is identity. We live in Noosa, we are part of Noosa, and the land for wildlife, the BCAs, and the growth of the regeneration of our forest is who we are. and I think that we should keep trumpeting our incredible successes, and today is another step towards this incredible success. That way, there's so many people who just think, oh, you know, we're cutting down everything, we're developing like crazy, and it's actually not true. We're going the other direction, here in Noosa, and we should be very proud of that. I think people are proud of that. We're going to support this decision. So, should we put it to a vote? And this time, before we put it to a vote, you know, on the screens here? I'm going to put it to a vote, you know, on the screens here? Oh, hang on, I'm going to put it to a vote. Quiet, quiet, quiet, quiet. I mean, you've voted already. Okay, so we're going to click on the vote and hit yes. Sign. Save. Kim Rawlings 22:25.542
How does it come up there? Tom Wegener 22:26.762
Should we raise our hands? Karen Finzel 22:34.902
Oh, there we go. Tom Wegener 22:36.742
Good luck. It's been unanimous. It's been unanimous. Thank you. Well done. Thank you very much. Thank you. for the good work. Thank you. Next, we're going to have consideration number two, small business friendly program. Karen Finzel 23:01.561
Good morning. Morning. Hello. Hi. Tom Wegener 23:05.175
And we are looking to walk us through this. SPEAKER_00 23:11.275
Lynn might do that. Okay. Lynn 23:13.615
Morning, councillors. Morning. As we discussed at the workshop, this is the small business friendly charter that we are recommending that council approve. We also are- See ya. Came up for us to sign this charter at the the annual conference which has been held in the Sunshine Coast for the first time. So we thought that it was a great opportunity for Noosa Council to reaffirm its commitment to small business and all the things that we do across Council for small business and as part of that for us to sign the charter and as part of the charter to do an audit into next year of all the different things and to put an actual number across all of the activities that we do so that Council is aware of the monetary value. Thank you. Amelia Lorentson 24:48.480
Amelia? Just a quick question. Are there any budget implications associated with Council signing this charter? Lynn 24:57.300
No, councillor. We had most of it covered from our normal budget, our core budget. We did ask for a little bit extra to do more with, but even if we don't get that in the new financial year, we're confident we can manage it within our budget. Brian Stockwell 25:26.904
I think the recommendation that comes before us today is well worth supporting. I think through COVID and where we've been during our time here as councillors, we have actively, like you said, engaged with small business. Karen Finzel 25:37.104
I think through COVID and we're supporting. We're working closely with small business, trying to get those outcomes to support small business. It's important to me as the environment across the Shire for functionality and how the ecosystems of our small business all get together and how we support that. So I'm happy to support the recommendation today. I think anything that we can do to move forward with the collective, it's not just our council, it's across many councils that are moving forward to provide, you know, better framework and governance. So I'm happy to support this small business friendly program today. Thank you. Brian Stockwell 26:20.895
Yeah, I'll talk to it and ask the question at the same time. So when we look at the stats, 7,000 GS... registered business, 58% are non-employed. So sole traders, lots of very nice people that are sole traders. 31% have less than four or less. And 9.25 to 19. So 98% of our businesses are small businesses. What would be really interesting to do is, in the audit, and we may have already done it, is have those break up... have those break ups and the sectors where they sit. And then cross check our programs whether there is gaps or holes. Because we tend to, you know, those retail businesses... retail business are frequently part of change to commerce through the World Service. You know, we've got excellent programs in the digital tech sector. You know, we're seeing... the good thing about that one is we start with small business, end up medium and some... well, I think we've got at least one that started small and now it's large. But there's probably something else that we need to have a think about, you know, that's not the education sector. But are there another suite of challenges or opportunities with perhaps that 58% of sole traders? You know, is it just providing, you know, incubated space? Is it providing shared workspaces? Is it something else? Is it going to be an interesting part of the charter to work out, well, are we servicing that broad sector commensurate with the need? And other than that, I think, you know, as we said, the attachment that showed. The attachment that showed what we're doing to meet the charter clearly shows it's something that this council is serious about. If 98% of your businesses are small, then it makes sense to spend a lot of your economic development. Tom Wegener 28:26.160
There's globalization and then this seems to be a movement against globalization really focusing on our local businesses. Lynn 28:35.980
So what we've tried to do, Councillor, is to respond to the needs of of our businesses who basically come to us when they're in need. So COVID was a great example where they came to us for a request for cleaning, for help with cleaning and sanitizing and we were able to go out and and get something like this. Something like 20 million dollars worth of value for them to do that. Part of what we've inherited is a business community that comes to you when they need rather than for us to continually do rather than for us to continually do, you know, the cookie cutter example of a whole range of different programs. So to Councillor Stockwell's comment, what we're looking at is to try and offer some green programs for those businesses as well. Our surveys, anecdotal surveys are suggesting that if we can help them to make money through doing greening Dude. We will get a better uptake. So we're starting to look at that. But to the councillor's point, there is probably quite a few gaps that we could fill and we want to make sure that it's across the council. opportunity to look at what we do, what we do well, what we maybe don't need to do anymore and to look at where we could actually add some real value for our small businesses. In terms of global In terms of globalisation, where they do want to upscale or accelerate growth, we are the conduits into different government departments that can help them with that and Chris, as you know, does a wonderful job at the Digital Hub and that's a model we'd like to replicate for other sectors of the community. Tom Wegener 30:30.848
Yeah, it's much better to have a small business here and move out into the globalised world instead of a boat business out there buying up Noosa. You know, there's so much to this, just as we... I've met a person who is doing a fantastic beer ad campaign. He just moved here a year and a half ago, and he's moved here because it's a biosphere, because it's Noosa, and it's just a big part of his identity as a brand. advertising specialist. And so he's come to Noosa. And then another cat named, I won't give his name, but he came here from France as a baker. So he's a big pastry chef. And now he's working for the advertising company as a filmer. He's gone out on his own and created his own digital filming computer, whatever that is. But he made the advertisement for a beer called The advertisement for a beer called Travella, which wanted to associate itself with Noosa and it's all just fitting together and it's all very exciting, but it actually comes back to the previous report, which was being in the environment. Because when you look at the ad, it's just Noosa, hinterland, coast, trees and so forth. And that's what they're selling and they're selling Noosa every day. So I think that I just wanted to point that out. That people are still coming here because of Noosa, because of what it is. SPEAKER_00 31:48.900
Part of the charter is actually finding out stories about that because there's lots of them. There's lots of them we know about and there's lots of them we don't know about. We'd love to hear more about it and maybe connecting them with others that they might grow their business with. Brian Stockwell 32:02.380
Has he actually got a program or is he just doing market research? Tom Wegener 32:08.060
And then another person who did a video that I worked with said okay Tom, I'll get it to you tonight, I just have to go to the Digital Hub. So he has to go to the Digital Hub to upload all these colossal files. And you just think what a great service because that is so facilitating his business. He wouldn't be able to do it without the Digital Hub. Yeah, doctors. Lynn 32:30.096
So, Councillor, we have many, you know, many businesses that look to the Digital Hub for guidance, acceleration, incubation. We'd like to replicate that eventually in other ways. And we've got a lot of projects that will help us put the building blocks in place to do that. I think it's important that, you know, we like every other branch of council, we're looking for value-based businesses. So those that aspire to align with what we believe in. And because of that, we have a A number of businesses that are one-man bands, more than some of our other counterparts around southeast Queensland who are dealing more at the small and medium enterprise. We are very much in the one-man band. And so it's a different, it's a different game that we work with. Tom Wegener 33:24.884
Long live the one-man band. And woman. Should we put that recommendation to a vote? Kim Rawlings 33:49.642
Yeah. Okay. Fantastic. Thank you. Tom Wegener 33:51.222
Thank you, councillors. Thanks. Next we have an accommodation for material change of use for short-term accommodation at 515 Cooroy Noosa Road in Tinbiwa. And we have Patrick Murphy to come and walk us through. Patrick Murphy 34:21.300
Thank you. So as you said, this relates to property at 515 Cooroy Noosa Road in Tinbiwa. It's proposed to use the property for the purpose of short-term accommodation. There's an existing there's an existing dwelling on the site which is zoned rural. It is proposed to accommodate up to eight people within the five-bedroom dwelling. The site is 2.93 hectares in area which is meant that it doesn't meet the four hectare requirement within the scheme and it's flipped it from a code-assessable application to an impact-assessable application. The closest dwelling is on the opposite side of Cooroy Noosa Road and it's approximately 160 metres away. There's a council reserve to the east or there's a reserve to the east which council is trustee. This site was previously used education. Was previously used as a restaurant. The planning scheme certainly encourages the use of the hinterland areas for the purpose of small-scale visitor accommodation, meeting a number of requirements. This proposal has other than the lot size that it meets those requirements and it's recommended subject to condition that the application be approved. Brian Stockwell 35:29.764
Councillor Stockwell: Just to clarify for anyone interested, while you talked about the requirement of four hectares that's an acceptable outcome so it's really only one way to achieve performance outcome rather than a requirement that it has to be that? That is correct Councillor. Karen Finzel 35:50.440
Yeah, no questions, it's pretty straight forward, yeah. Tom Wegener 35:55.620
Councillor Lorentson, Wilkie, any questions? I've got a lot. I believe, I can see that this is a business. The short term accommodation is a business. I don't understand why you I don't understand why it's not being looked at through the lens or through the regulation of the business activities code. And the business activities code says the purpose of the business activities code is to ensure businesses activities are developed in a matter consistent with the Noosa Shire Centre's hierarchy. And so being a business, it should be consistent with the business code. And the business code says businesses should go where businesses belong. And in the rural area you have, you have farming, you have agriculture activities, you have those, and just as you wouldn't take a cow or a pig and bring them into the beach area, you know, that little property there, you don't take a holiday holiday motel and drop it in the middle of a rural zone. So I don't understand why we're not looking at it as this isn't the primary code to assess it with. Patrick Murphy 37:04.501
Okay, so firstly... So firstly, the planning scheme defines this type of use as short-term accommodation, so it's quite specific in that regard and in the rural zone it actually makes it a consistent use, subject to generally code assessment if the lot size is more than four hectares in area. Notwithstanding, there are a range of land uses within the planning scheme and there's a definition... and there's a definition section within the planning scheme which actually identifies accommodation uses, industrial uses or business uses. This is not included in those business uses. It actually uses the term business activities. Business activities, accommodation activities and from that business activities we have a business activities code which applies to those land uses. No accommodation use requires assessment against the business activities. assessment against the business activities of code that includes a retirement village you know other types of dwellings nothing actually requires assessment against the business activities code and you might find there could be some form of duplication as well if you were to assess it against our current business activities code and against the visitor accommodation code which we have assessed it against which is really specific to visitor accommodation So I think that the you know whilst it's a impact accessible application and it is against the assessed against the entire planning scheme the codes that you're assessing it needs to be relevant and as I said the visitor accommodation visitor generation. accommodation code is sufficient in that regard. Tom Wegener 38:38.227
If there's no other questions I'd like to move this to general because of the significance of the matter and for further considerations. I just need to learn more about this and as we know I've been kind of uppity about short term accommodation. Accommodation in the hinterland. And I see that this is, I consider it a business first and foremost, not accommodation, it has nothing to do with housing, it's just straightforward, a business in the hinterland. The rural, these codes are about putting businesses and properties, getting the proper use of the rural residential code. Basically, well, I can read it. It says, the purpose of the rural activities code is to ensure that a range of rural activities are established and operated in a sustainable manner, which conserves the productive characteristics of rural land. So that's right at the top. see turning a rural property into a hotel really fits the code. And then when you go to the business activities code, it's basically the same thing. It says business activities... Mr Chairman, your motion was to refer it and you're talking about substance and medicine, so you're not talking to the motion. Okay, I would love to bring this up and I'll be talking to staff. Before this, so I can get this so I'm not wasting everybody's time. Okay, can you second it, put it to a vote? I have just one thing. I mentioned the other day that it's in the Dan Cashman area, the Lake Macdonald. I went in and the change from a drilling house to a short stay does trigger the Seqwater development timelines. My reading is that the guessing where the effluent... I'm guessing where the effluent disposal area is is greater than 100 metres from the waterway, but could you check that before we go, please? And also, didn't last week, we mentioned a check about whether a fence is necessary on the floor as part of the conditions? Patrick Murphy 40:46.044
Yeah, we did. Yeah. So a dam is not subject to the building code requirements for fencing. There is a pool that's on site that has pool fencing around it, but we've checked with our building department to confirm that there's no requirement for the fence under the building regulations. Tom Wegener 41:04.460
Should we put it to a vote? Amelia Lorentson 41:09.000
Sorry, we've got it. Tom Wegener 41:12.520
Okay, put it to the long favour of the board to defend the general. Okay, thank you. Patrick? Amelia Lorentson 41:29.860
Thank you. Tom Wegener 41:36.220
We're on to number four, minor change with development permit, commercial business type 1 office and commercial business type 2 medical at 28 Eony Creek Road, Busaville. Amelia Lorentson 41:49.680
Hi, welcome, good morning. Tom Wegener 41:52.200
We have Nadine to walk us through the report. Nadine 41:55.660
Okay, good morning councillors. In July 2020, council approved an application for a two-storey office and medical building on the vacant site when you come into the Noosa Civic. It proposed two storeys over basement car parking. The applicant has now indicated that they've got an anchor tenant who has required some changes to the building which involves the construction of a purpose-built radiation treatment facility in the basement area. area. There is some additional gross floor area required for that radiation facility, but it's actually been offset by some changes to the internal layout of the building in terms of changes to lift well steps. Changes to lift wells, stairwells, and some additional storage areas, which means the GFA stays the same. The other major aspect or change is there's removal of eight tandem car parking spaces as part of the development and we've put it to our traffic consultant who has reviewed the extensive information submitted by the applicant who's indicated that the proposed car parking as it stands is sufficient for the proposed use. And there was a comment previously about also disabled, no we don't call it disabled, PWD, all accessible, all accessible and that will be the building code specifies requirements for that for the provision of accessible spaces for four hospitals of the Brian Stockwell 43:52.900
I think the key issue here was the balance between the additional area in the basement for the high radiation facility and we've got expert advice to say what they're proposing is sufficient so that's for me all that is needed. I think this is an establishment that no one ever wants to visit but it's really important it's there. To have facilities such as this for our local residents considering our ageing population is a good step forward in terms of the level of health facility choice Tom Wegener 44:36.600
Thank you, Councillor Stockwell, I'm sure that was echoed by the rest of us as well, especially the part of not getting the number. Okay, should we put it to a vote? All in favour? Carried unanimously. Yes. Thank you. Kim Rawlings 45:04.660
Thank you, thank you, okay, thank you. Tom Wegener 45:11.900
Okay, next we have Planning and Environment Court of the Deal, number BD2147-2022, application for dual occupancy at 6 Margaret Crescent, Sunrise View. And to lock in a little bit, Patrick Murphy. Patrick Murphy 45:29.862
Thanks, Councillor. So this report reviews and recommends the settlement of an appeal against Council's decision to refuse an application for a dual occupancy. The application was originally refused under delegation as it was a code-assessable application due to non-compliance with the policy plan's requirements regarding site cover, plot ratio, asymmetrical design and stormwater design concerns. Throughout the appeal process, there's been some mediation with the applicant whereby they've submitted a number of amended plans. The original application exceeded site cover by 3%. clients. It was proposing 43% as opposed to the 40% allowed by the scheme. And in terms of plot ratio, it was proposing a ratio of 0.45.3 to 1 as opposed to the 0.4 allowed by the scheme. The amended plans have resolved these issues through a range of design options. The most significant is an indent in building on the upper level whereby they've removed a multi-purpose room and an en suite and put a balcony in that location and they've also made on the lower level they've increased the extent of an indent to each side of the building. to each side of the dwelling near the dining areas and also they've made the louvers that were to the rear of the site to be fixed so they couldn't be closed that would be a site cover issue and then in terms of design the design of the building previously was it was completely asymmetrical. building previously was it was completely asymmetrical and now if you look at the the within the attachment you'll see at page 62 that the buildings now have a very different in terms of their appearance that's done in terms of colours and materials as well as some design changes and some changes to the roof form so as you'll see the report recommends the settlement of the appeal based upon these amendments. Tom Wegener 47:28.140
Thank you. Any questions? Kim Rawlings 47:31.340
No questions. Tom Wegener 47:33.520
It sounds as though the system works. Yeah, we, you know, worked it out. You guys didn't need to spend any money, of course, but everybody's happy. Well, we're happy. That's right. Happy, right? Kim Rawlings 47:46.320
It's a mediated outcome. I'm happy to believe it. Tom Wegener 47:49.980
Okay, see. Well, yeah. Karen Finzel 48:06.360
Yeah, I think it's all been said. It's worked. The mediation process and the negotiation has brought us to this point today, so happy to support it and vote yes. Amelia Lorentson 48:19.240
You mentioned there was no cost, and that was a great thing. There is a cost, and I'll just seek clarification. So bringing it to mediation, there is a cost. There certainly is a cost, we've had to engage solicitors, we've engaged a planning expert. It was just unfortunate, I suppose, through the assessment process that we had an applicant that wasn't prepared to work with council to bring the property into compliance with the planning scheme. Thank you. Brian Stockwell 48:46.012
That's about it, so I'm going to speak to it. to bring it into conformity with the current planning scheme. It's obvious that there has been improvements It's also obvious when you look at Figure 5 on page 5 of the report of the elevations. The reason we're getting these big, blocky applications is because we've removed the requirements for the pit roofs and eaves in the eastern beaches. We've removed the requirements for the pit roofs and eaves in the eastern beaches. To me, that was a mistake that should have been fixed by now. I think we can continue to get designs that cost us money, that are too bulky, until we have a planning scheme that reflects the Noosa design. I think the change from the previous scheme to this one has put us on a number of occasions into a place where we're having to spend ratepayers' money to try and reduce the size of big, bulky buildings. Tom Wegener 49:47.440
Any other comments to put it to a vote? All in favour, please be unanimous, press the button, the yes button. Kim Rawlings 50:07.260
I just have a quick Karen Finzel 50:08.940
Can I ask a question in relation to Councillor Stockwell's comment around the planning scheme and the pitched roofs? Or is that for outside this meeting? Tom Wegener 50:30.580
Okay, next we have the planning applications decided by a delegated authority February 2023. And Brian, Dr Stockwell, have they described the consequences? I have. Brian Stockwell 50:44.180
I'll put it on you. Yes, in accordance with Chapter 5b of Love Government Act, I wish to declare that I have a prescribed conflict of interest in this matter as follows. Sunkheist building approvals are identified as an applicant in number 21, the development application MCU 2022-0190. I contacted Sunkheist building approvals to undertake building certification for my proposed residence in Oreen Point on 29th November 2021, to be honest I haven't started yet. This process is currently underway. The total fees associated with completion of certification and inspection regime is 5,904, which includes council plumbing and drainage fee. As a result of my conflicts of interest, I will now leave the meeting room while the matter is... Tom Wegener 51:46.280
Pretty straightforward. I move to accept recommendation. Any... Any questions from Amelia? To put it to a vote. Are you ready yet? Just on the screen, yeah. Just so I'm sorry. Thank you. We have no confidential session. And so, this meeting is... is closed. Related Noosa Council Meetings
← Browse all Noosa Shire Council meeting transcripts
