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Planning & Environment Committee Meeting
This Noosa Council meeting contains very poor audio quality.
This may have affected the transcription below and is beyond our control.
Conservation policies amended, resourcing sought, Split zoning launched, VCA equity, rate refunds, Small Business Charter joined, Tinbeerwah STA escalated, code dispute, Court appeal settled.
Agenda, decisions & supporting documents
Inside this meeting
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NoosaWatch Meeting Insight
Full Meeting Insight
• 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).
Full Official Meeting 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
Full Meeting Transcript Meeting Transcript Below - Select To Listen / Share / Download [[ meetingData.is_audio_only ? 'Audio' : 'Video' ]] Clips
Disclaimer: The transcript below is produced by our own transcription systems and will contain errors and omissions, including incorrect speaker attribution. It is provided for informational purposes only and may be inaccurate or incomplete — do not rely on this content; for definitive statements, speakers, decisions and context, always refer to official council sources. We accept no responsibility or liability for any reliance on it.
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