Planning & Environment Committee Meeting, 11 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 00:00.240
Everybody, welcome to the Planning & 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 Clare, the Mayor, for today's meeting, and we have Councillors in attendance, Councillor Finzel, Finzel, Councillor Stockwell, and in the room with Councillor Lorentson, and Councillor Wilkie and just, it was not here. Before we start today, we, this is our first day with the new computer programming system, with Resolve 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 too you to follow what's happening here, 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, get the information much more quickly, and even better for live streaming, you can actually go to the different segments coming up. From the and the meeting, you can say I want to watch this segment, you know, concerning, you know, whatever, some particular point, instead of having to box through 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. Hello. Okay, so we have the Minutes from the last committee meeting. Can I have a mover and a seconder for the planning committee meetings? I'll move. Karen Finzel 01:43.405
I'm happy to second. Tom Wegener 01:44.577
Councillor Stockwell, moved. Councillor Finzel, seconded. Move it to a vote. Is it unanimous? Okay. All right. Is that all good there, Linda? Just one more, please. And wait welcome, everybody, in the audience today. What a good crowd. Thanks for coming 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 Kim Rawlings in room. Dave will walk you us through these reports? Dave Burrows 02:38.479
Certainly, Councillor. So this report is to do two things. It's 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. Talks about Land for Wildlife, how successful it's been at Noosa Shire since 1998, it gives some metrics about program growth, it indicates that the program is highly, sort of resonates with the rural community, and since we've got 415 members now joined, covering in excess of 5,000 hectares of land, so it's highly beneficial. so that's basically the update on Land for Wildlife. We're not proposing any changes to the Land for 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 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 cancer. So so that 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 hospital obligation. And then the second term of the new Noosa Council decided to make the final this decision. A five-year term and get rid of the rate refund. So we've got a two-tier program which has an inequity in it so what we're proposing to do is address that inequity to make the program consistent. Across the landowners who engage in the VCA program. And then there's the split zone program. Correct Councillor. Now the third thing we're doing in this report is proposing a third program. A third program. The so Land for Wildlife is 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. 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 an agreement with those landowners who want to come forward to do so, with a three-year funding window of $1,500 a year. They're the main changes to the program. We talk about what that means to the bottom line in terms of the funding amounts there and the reports there. Tom Wegener 05:34.844
I'll just. Not going into the confidential numbers. So with the VCA increase, the funding will increase by $16,000 a year, which is a fairly minimal amount. This all 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 for three years. Thank you. Karen Finzel 06:09.922
Yeah I just have thank a question, thank you for your information there, around what comes out of the Environment Levy to fund it. Which you're any out of the levy? You're seeking an increase in the Environment Levy but at the same time you're also seeking to get a rate refund. Correct. Okay so to me that's like we're getting two opportunities to for public money so how are we justifying that? Dave Burrows 06:45.638
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 $3,000 a year they can under this proposed amendment they can use some of that $3,000 for a rate refund there's no additional funding. Oh they apply for that? They apply for it. 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 managed you know so the property's got to be in relatively pristine condition before they can apply for a refund so there's no additional funding. Okay. It's just a re-diverting of some of the funding for that. Karen Finzel 07:21.520
Yeah. Thank you for the clarification. Brian Stockwell 07:24.043
I just remembered I did have a question. Table 1 in your one report. It's in terms of comparison of land acquisition and VCA costs from 2009 to 2013. So those figures are average per hectare figures for those particular four years and haven't been increased or CPI'd because I would have thought the difference between land acquisition and BCAs and the current. DCA's in environment is probably 10 times higher. Dave Burrows 07:56.086
Correct, yeah, correct. That's just to show the ratio, but I agree entirely with what you're saying with this is property values now to be even more. Tom Wegener 08:06.657
Question from Amelia. Amelia Lorentson 08:08.400
Hi, Dave. In terms of the two-tier system, so Council made the decision to adopt five years and not go with the. Interpretation. The.perpetuity. Can I ask what their reasons were at the time? Dave Burrows 08:24.844
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 can only surmise that. Thank you. Tom Wegener 08:42.273
Well, just because the day is here and it's the most pleasant person to talk to in the he's the most world. But kind of on a philosophical note, so we. Rate pager will we'll 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 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. It's a big part of it. And this is how we're going to get there. So we're just taking another step forward. Am I is that right? Dave Burrows 09:19.408
Correct, Councillor. Answer, so if you just look at the PowerPoint on the second slide there, so 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, 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 Corporate Plan. Um outcome of and the Environment Strategy it's Tom Wegener 09:53.800
Obviously cheaper it's than using the Environment Levy to purchase land as well. Dave Burrows 09:57.563
Well it is, there's still a place for both, but I think this is a really good tool to use as well. Tom Wegener 10:03.048
And how many other shires have managed to make 50% of their land for environmental I would think Dave Burrows 10:09.067
So. Oh, I would think none. Could you we have do another person? First? Well, definitely. We're not quite there yet, but we will be. We'll get there. Karen Finzel 10:17.971
Yeah yeah, just to clarify that on page 3, 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 figures actually it's updated from that it's sitting at about 42% okay yeah that includes Land for Wildlife properties that's right yeah yeah yeah so just to clarify we're not at 50% that's a target yeah Dave Burrows 10:52.325
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 if um so this is the Kin Kin area so we've got a comparison between and 2022 there so obviously we're looking at agricultural areas and the Kin Kin 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 woody, but country to the left hand side of both screens is the Woondum National Park which was back in 58 was a forest reserve but obviously all that cleared land to the east is all the Kin Kin valley there you can see the um and from that time 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 a result of many purposes it might be property subdivision might but it's the key reason is 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 second one short sorry the Cooroy area so it's very much the same story that the bottom left hand corner is the West Cooroy State Forest which is now National Park and again you can see that the way that the woody vegetation coverage is pretty much extended over the waterways and some of the steep slopes so it's a good story Amelia Lorentson 12:12.787
It also supports our natural areas too you know through weed management Karen Finzel 12:19.915
And that sort of thing you know reducing the amount of weeds going on to protected areas as well if you have good private land owner management as Tom Wegener 12:27.346
Well so yeah as you mentioned in the safe and Healthy Land and Water report that most of the silt coming off the areas comes from underneath lantana trees which really was surprising so yeah any further questions? Karen Finzel 12:43.265
Just have a question 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 you're satisfied that staffing is adequately provided? Dave Burrows 12:57.021
Councillor this is growing demand for the service for the community just 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 the biggest Shire and there's more ratepayers so the benchmarking across all 13 local SEQ local governments shows that in terms of equivalent FTEs, some Noosa Shire is the most under-resourced so I'm just giving you that as a bare fact but I'm not we are actually looking at increasing some resourcing next financial year Karen Finzel 13:28.877
Yeah 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. There's a question so will that come up through your you've requested after address program resourcing as part of the 23-24 budget so will staffing be included in that? Yes, that's correct. So it will be 1.6 FTE in total. 1.6. So it will be one full-time staff member one part-time staff member. Still subject to budget? Yes. Thank you. Is that it? Amelia Lorentson 14:11.304
Just a couple of questions. So in terms of the BCA and the split zoning bcaa and program the policy makes reference that there's possibly plan amendments. Can you explain what's involved with that? Dave Burrows 14:27.430
Well, 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, All the properties in the hinterland are zoned rural or residential. So what we can actually do under a planning scheme amendment is rezone part of that property as environmental management and conservation. Karen Finzel 14:51.437
We've actually been offering the program informally for some time, and there has been some voluntary uptake, so this is really formalising the program. I'm sorry, so just a question, following on from that then, so in the report it says on page 12, from time to we put the planning scheme amendments around this up to state. Have we got anything in the pipeline at the to moment to send an amendment up? Yeah 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. So we just like we say from time to 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. 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 formalize formalise that mapping if the owners do they give us a map or Dave Burrows 15:53.771
I got in the property of the hardcopy map we talk it to and negotiate the owner says this is here I want then I go to a GIS section digitise the map internally and I send the owner back that map and say is that what you want and they say yes then I sign a letter saying this is what we want and it's formalised that way that's what strategic planning need to happen in their record keeping Karen Finzel 16:13.100
So that it's just based on what the owner wants to see absolutely and it's also based on the environmental values yeah that's what I'm wondering yeah giving away pudding absolutely so it had to qualify for design it has to have the environmental values that's the first pass it doesn't meet that then it's not an option for the program yeah thank you Brian Stockwell 16:32.552
Okay so mine's just a comment and I don't think it needs I'll tell you what is just in the guideline you there's in the second sentence on Land for Wildlife to go into a bit of current details I think for a guideline is probably unnecessary so the sentence is the funding level is based on a number of members in each Council and full stop Noosa Council's contribution to the 2022-23 financial year is 14,500 I think that's superfluous for a guideline um and the other one it talks about um host Council arrangements once again I don't think you know for the report that's fine but I just wonder like I'm happy to move the recommendation but maybe by Ordinary Meeting just have a look and see whether you agree and just have a minor amendment available if that's what you think's fine. I'll move the recommendation. I think 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. We did restrict they 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 you know it's only ever going to be a portion 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 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 like this on attachment care and it all moved kind of move kobi who at the time was the longest living person who'd been born in the Cooroy area he got up in front of everyone around Lake MacDonald said I want you to look around he said when I was a boy you couldn't see a tree all regret he said it was banana farm doing the bananas they got a disease and then it was replaced by beans and so we've had this huge response over many decades and what's left to do is probably that the harder thing to do and that's getting in there and protecting those areas 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 a climate change environment 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's only guiding staff but still every decision about a VCA has to come to Council as would a change in the zoning. So I think it does just reflect the changes in policies that have been made incrementally over the last 12 years. So I think it's a good step. Tom Wegener 20:15.954
No, sorry. Would you like to speak to the question? Karen Finzel 20:21.315
Yeah, sure. Look, I think anything that supports, you know, protection of our environmental values and moving forward to a sustainable future for generations to come is, you know, really supported. 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. Meeting our own targets with our expenditure through our Corporate Plan, our policy guidelines and where we're headed as a Council. So I support this today. Tom Wegener 21:22.657
You know, the rest of the entire, the ratepayers 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 a part of Noosa, and land BCA. 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. We understand that way, you know, so many people 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, and I think people are proud of that, and we'll support this decision, himself, should so we put it to a vote, and we'll get it you know, on the screen. Oh, hang on, I'm going to go to the screen Karen Finzel 22:12.061
Right now. Tom Wegener 22:13.304
Why are you crying? I mean, you cried already. Okay, so we're going to click on the vote, and hit yes. How does it should we raise our hands? Shouldn't you raise your hand? Yeah, let's do this. You have to do this. The same road as we call it. Karen Finzel 22:33.848
All right. Have a look at the last page. Tom Wegener 22:35.328
Oh, there we go, yeah. It's been unanimous. Thanks, guys. Thank you. Well done. Thank you very much, guys. Thank you. He brought the good one. Thank you. Next, we're on to consideration number two, Small Business Friendly Councils Program. I don't get it. Karen Finzel 23:01.749
Good morning. Hi. Good morning. Hello. Hi. Tom Wegener 23:05.489
And we are 15 to walk us. Linh. Lin might do that. Linh 23:12.634
Okay, 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 asking for the delegated authority to the Chief Executive Officer to deal with any matters arising from the implementation of the charter. To refresh your memory, we brought this to you at workshop because we saw an opportunity to celebrate Small Business Month and an opportunity came up for us to sign this charter at the annual conference which is being 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 and having it quantified. Karen Finzel 24:40.002
Thank you. Tom Wegener 24:41.950
Any questions? I'll start us. Amelia? Amelia Lorentson 24:50.290
Just a quick question. Are there any budget implications associated with Council signing this charter? Linh 24:57.881
No, Councillor. We had most of it covered from our normal 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 25:21.434
You moved up a segment. I can ask questions and you can talk to us about it. The chairpersons are moved. Thank you. Brian, take a note. Karen Finzel 25:32.257
Yeah, look, I think the recommendation that comes before us today is we're 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. 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 this 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 have are moving forward to provide better framework and governance. So I'm happy to support this Small Business Friendly Councils Program today. Thank yeah. Brian Stockwell 26:21.970
I'll talk to it and ask the question at the same time. So when we look at the stats, 7,000 GST registered business, 58% are non-employed. So sole traders, lots of very nice people today, sole traders. 31% have less than four or less, and 9.25. Us in to 19.% of our businesses are small businesses. What would be really interesting to do in the audit, and we may have already done it, is have those break-ups and the sectors well I see sit, and then cross-check our programs where there is gaps or holes, because we tend to, you know, those, you know, retail businesses are frequently part of commerce through the world service. You know, we've got excellent programs in the digital tech sector, you know, which 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, it's not the education sector, but are there another suite of challenges or opportunities with perhaps that 58%? Perhaps that 58% of sole traders, you know? It just providing, you know, incubated space, is it providing shared work space, is it something else, and is it going to be an interesting part of the charter to work out, well, are we servicing. That broad sector commensurately. And other than that, I think, as we said, the attachment that showed what we're doing to meet the charter clearly that some.ie 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 and a lot focused on that sector. Tom Wegener 28:25.510
Questions so there's globalisation and then this seems to be a movement against Linh 28:38.989
What we've tried to do, Councillor, is to respond to the needs 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 sanitising and we were able to go out and get 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 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 we will get a better uptake so we're starting to look at that but to the Councillors point there is probably quite a few gaps that we could fill and we want to make sure that it's an across-the-Council opportunity to look at 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 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 Brian Stockwell 30:30.051
Localisation, it's called. Tom Wegener 30:32.832
Yeah, well it's much better to have a small business here and move out into the globalised world. There's yeah. There's so much to this just as we met a person who is doing a fantastic beard 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 it's just a big part of his identity as a brand advertising specialist and he's come to BUSA and then another cat named we 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 travella which wanted to associate itself with BUSA and it's all just fitting together it's all very exciting but you know it actually comes back to the previous report wasn't which being in the environment because when you look at the ad it's just Noosa, hinterland, you know Coast, trees and so forth and that's what they're selling and they're selling Noosa every day so I think then I just wanted to point that out that people are still coming here because of Noosa is what it is. Linh 31:49.375
Part of the charter is actually finding out stories about that because 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 32:03.118
Has he actually got a program or is he just doing market research? I don't know. Tom Wegener 32:08.995
And then another person who did a video that I worked with said, okay, Tom, go it to you tonight. I'll get I just have to go to the digital hub." So he has to go to the digital hub to upload these colossal products. And just think what a great service because that is so facilitating his business. He would never do that at the digital hub. Linh 32:30.795
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 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 number of businesses that man bands, more than some of our other counterparts around South East 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, game that we work with. Tom Wegener 33:28.279
And woman. Should we put the head recommendation right there? To a vote? Haven't done that. Have you done yet? I'll say it real quick now. Let's go to the press. Let's do it. Press yes and say it. Then we're going to have that come up. Are you ready? Fantastic. Thank you. Councillors. Thanks. Next we have an application for Material Change of Use for short-term accommodation at 515 Cooroy Noosa Road in Tinbeerwah. And we have Patrick Murphy to come and walk us Patrick Murphy 34:20.957
Through. Thank you. Um, relates. At 515 Cooroy Noosa Road in Tinbeerwah. It's proposed to use the property for the purpose of short-term accommodation. There's an existing dwelling on the site, which is zoned rural. It is proposed to accommodate up people within the five-bedroom dwelling. The site is 2.93 hectares in area, which has 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 is on croydon the closest dwelling 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 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 demonstrated, other than the lot size, that it meets those requirements and it's recommended, subject to condition, that the application be approved. Brian Stockwell 35:31.984
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 a performance outcome rather than a requirement that it has to be that? Patrick Murphy 35:44.635
Is correct Councillor Stockwell. Yeah Karen Finzel 35:51.193
Thank no questions, it's pretty straightforward. Tom Wegener 35:56.138
Councillor Lorentson, thank you. I can see that this is a business. The short-term accommodation is a business. I don't understand why it's not being looked at through the regulation of the Business Activities Code. In the Business Activities Code says the purpose of the Business Activities Code is to ensure businesses activities are developed in a manner 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 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. Motel and drop it in the middle of a rural zone. I don't understand why we're not looking at it as this isn't the primary code to assess it with. Patrick Murphy 37:04.509
Okay, so 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 area. Notwithstanding, there are a range of land uses within the planning scheme. 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, 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 Code. Of 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 assessable application and it is against it assessed against the entire planning scheme the codes you're assessing that you assess needs to be relevant and as I said the Visitor Accommodation Code is sufficient in that regard. Tom Wegener 38:38.565
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. Cool. Okay. I'll use it. The key. Are you you're moving? I'll take it. Okay. Thank you. I just need to learn more about this and as we know I've been kind of uppity about short-term A combination accommodation in 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 hinterland. The rural rule of 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. Says the purpose of the Rural Activities Code is to ensure that a range of are established and operated in a sustainable manner which conserves the productive characteristics of rural land. So that's right at the top. And I don't 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. Brian Stockwell 39:53.699
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. Tom Wegener 40:02.391
Okay, I would love to bring that 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. Brian Stockwell 40:11.821
Okay, can it? Okay, have you seconded, put it to a vote? I have just one thing. Just one thing, I mentioned the other day that it's in the dam Dan cashman catchment area, the one with Donovan. In and the change from a dwelling house to a short stay does trigger the SEQ water development timelines. My reading is that the guessing where the effluent disposal area is. Greater than 100 metres from the waterway, but could you check that? Tom Wegener 40:35.618
Last week we mentioned a check about whether a fence is necessary on the floor as part of the conditionings. Patrick Murphy 40:45.708
Yeah, we did. 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 and have confirmed that there's no requirement for the fence under the building regulations. Tom Wegener 41:04.996
Should we put it to a halt? It hasn't broken the screen yet. Sorry, there you go. Thank god. Okay, put it to the long favour of the board, to defer to the general. Is he unanimous? Round we're on to two, number four, minor change or development permit, commercial business type one office and commercial business type two medical at 28 Eenie Creek Road, Noosaville. Hi, welcome. Good morning. Round- We have Nadine to like us to do the right work. Amelia Lorentson 41:55.721
Okay, good morning, Councillors. Nadine Gordon 41:58.781
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 it two stories 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. There is information 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 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 no we don't call it disabled PWD all accessible and that will be the building code specifies requirements for that for the provision of accessible spaces for hospitals of this nature. Tom Wegener 43:41.041
Questions? Now I have to move it. Karen Finzel 43:48.782
I'll take a second. Brian Stockwell 43:54.783
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. 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 we're happy to show. Tom Wegener 44:37.097
Thank you, Councillor Stockwell. I'm sure that I've echoed the rest of this as well, especially the part of not hitting the monitor. Okay, shall we put it to a vote? All in favour? Carried unanimously. Press the button. Next we have Planning & Environment Court of the year, number BD2147-2022, application for dual occupancy at 6 Margit Crescent, Sunrise Beach and to lock in a little bit, Patrick Murphy. Patrick Murphy 45:30.776
Thanks Councillor. So this report reviews and recommends the settlement of an appeal against councillor's decision to refuse an application for a dual occupancy at 6 six Margit Crescent. Application was originally refused under delegation as it was a code-assessable application due to non-compliance with the policy plans requirements regards site cover, plot ratio, asymmetrical and stormwater design concerns. 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 three percent 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 0.453 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 the building on the upper level whereby they've removed a Multipurpose 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 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 of the building previously was it was completely asymmetrical and now if you look at 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 roof form so as you'll see the report recommends the settlement of the appeal based upon these amended plans Karen Finzel 47:27.721
Thank you. Any questions? No questions. Tom Wegener 47:33.997
It sounds as though the system works yeah we you know worked it out you guys didn't need to spend any money at all but everybody's happy. Well, we're happy. That's right. It's a mediated outcome. I'm happy to believe it. Okay, so we'll get Councillor Finzel moved and I'll second it. Was that your piece? Karen Finzel 48:07.662
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 Councillor support it and vote yes. Amelia Lorentson 48:18.784
You mentioned the 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. Patrick Murphy 48:30.482
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, yep. Brian Stockwell 48:48.169
I'm going to speak to it. It's obvious that there has been improvements to bring it in to conformity with the current planning scheme. It's obvious 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 pitch roofs and Eaves in the Eastern Beaches Code. 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 Principles. I think that 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 49:47.941
Any other comments before we put it to a vote? All in favour? If it's unanimous, press the button. The yes button. Save. And it's been carried. Karen Finzel 50:08.964
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. Yeah, you can follow it up with us if you'd like. Tom Wegener 50:28.327
Reports are okay, next we have the planning applications decided by a delegated authority February 2023. And Brian, Dr. Stockwell has a--- I'll put it Brian Stockwell 50:45.938
Uh four captain yes, in accordance with Chapter 5B of the Local Government Act, I wish to declare that I have a prescribed conflict of interest in this matter as follows, Suncoast Building Approvals are identified as an applicant in number 21, the development application MCU22-0190. I contacted Suncoast Building Approvals to undertake building certification for my private residence in Boreen Point on-- proud Boreen 29th November 2021. Started yet. This process is currently underway. The total fees associated with completion certification 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 considered and noted on-- Tom Wegener 51:42.202
Comments? Okay. Pretty straightforward. I move to accept recommendation. Karen Finzel 51:53.132
I'm happy to second. Tom Wegener 51:53.822
It. Any questions? Amelia? To put it to a vote. Are you ready yet? Karen Finzel 52:10.395
I'm not on the screen yet. I'm sorry. Yeah, you're on. Tom Wegener 52:26.994
Me guess. Thank you. Let's drop those back into the room. We have no confidential session, and so this meeting is closed at 10:23. Related Noosa Council Meetings
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