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Item 8.1.2023-07-20 · OrdinaryOfficial item record

Planning & Environment Committee Report – 11 July 2023

Final resolution: Carried

That the report of the Planning & Environment Committee dated 11 July 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously. Full wording ↓

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What was decided?

Final supported resolution

That the report of the Planning & Environment Committee dated 11 July 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. 

Carried unanimously. 

Official item minutes · Event 4

1Council ResolutionCarried2Council ResolutionCarried3Council ResolutionCarried4Council ResolutionCarried
1Council ResolutionCarried

Moved: Frank Wilkie · Seconded: Clare Stewart

That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public interest that Cr Wegener participates and votes on this matter because Council believes that he does not stand to receive a personal benefit or loss in relation to this matter and therefore a reasonable person would trust that the final decision is made in the public interest.

Carried unanimously.

Official minutes · section 72

2Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Amelia Lorentson

That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 July 2023 regarding Application No. MCU16/0090.02 for a Minor Change to an existing approval for Material Change of Use - Community Use – Wellbeing – Type 2 – Social, situated at 468 McKinnon Drive, Cooroibah and:

A. Approve the change.

B. Amend conditions 1 & 2 to read as outlined in Attachment 1 – Proposed amended and additional conditions.

C. Include 2 additional conditions as outlined in Attachment 1 – Proposed amended and additional conditions.

D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. 

Carried unanimously.

Official minutes · section 78

3Council ResolutionCarried

Moved: Clare Stewart · Seconded: Frank Wilkie

That Council note the Report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 11 July 2023 regarding the proposed purchase of the property and: 

A. Approve and authorise the CEO to:

1. Proceed with negotiation with the owners or their agent to purchase the property detailed in the Report within the valuation range of $400,000 to $480,000; 

2. If agreement can be reached between Council and the owners or their agent, utilise Council's Environment Levy funds to proceed with the purchase of the property detailed in the Report within the valuation range of $400,000 to $480,000;

3. If the property detailed in the Report is purchased by Council, proceed with the placement of a Nature Refuge over the property; and

4. Utilise Council's Environment Levy funds to allow Environmental Services undertake initial management actions on the property including weed and pest management, fire management, and ecological restoration; and

5. Utilise Council's Environment Levy funds to allow Environmental Services to undertake ongoing management actions on the property including weed and pest management, fire management, flora and fauna monitoring.

                                                                                                                                                                                                                                 Carried unanimously.

Official minutes · section 97

4Council ResolutionCarried

Moved: Brian Stockwell · Seconded: Amelia Lorentson

That the report of the Planning & Environment Committee dated 11 July 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. 

Carried unanimously. 

Official minutes · section 108

Read complete item-specific minutes
ATTENDANCE & APOLOGIES 
 
COMMITTEE MEMBERS
Cr Tom Wegener
Cr Karen Finzel
Cr Brian Stockwell
 
NON COMMITTEE MEMBERS
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Frank Wilkie
 
EXECUTIVE
Director Strategy and Environment and Sustainable Development, Kim Rawlings
Acting Chief Executive Officer, Larry Sengstock
Director Development & Regulation, Richard MacGillivray
 
APOLOGIES
Cr Clare Stewart
 
 
COMMITTEE RECOMMENDATIONS TO COUNCIL
 
 
5.1.    MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD, AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS
That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue.
 
 
5.2.    132001.210127.3 - CHANGE TO DEVELOPMENT APPROVAL - CHANGING SHARED ROOMS TO SINGLE ROOMS - OZCARE - 100 COOYAR STREET, NOOSA HEADS
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 July 2023 regarding Application No. 132001.210127.3 to make a minor change to an existing approval for a Development Permit for a Material Change or Use for Stage 3 – Aged Persons Home (20 Beds) situated at 100 Cooyar Street, Noosa Heads and: 
  1. Approve the change.
  2. Amend the development description to read as follows:
    • Development Permit for a Material Change of Use - Residential Care Facility (130 beds)
  3. Amend conditions 15 and 26 as outlined in Attachment 1 -  Proposed amended and additional conditions
  4. Delete conditions 1, 2, 23, 27 and 28.
  5. Include additional conditions as outlined in Attachment 1 - Proposed amended additional conditions.
  6. Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in respect of construction of access track crossing, maintenance of vegetation buffer one and access track (including crossing) for the Girraween Nature Refuge and the Residential Care Facility.
  7. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
 
 
5.3.    DBW21/0216 - APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60 SEAVIEW TERRACE, SUNSHINE BEACH
That Council note the report by the Graduate Development Planner to the Planning and Environment Committee Meeting dated 11 July 2023 regarding Application No. DBW21/0216 for a Development Permit for Building Works – Dwelling House situated at 60 Seaview Terrace, Sunshine Beach and:
A.      Refuse the application for the following reasons:
1.       The proposal does not comply with Acceptable Outcome AO7.1 and corresponding Performance Outcome PO7 of the Low Density Residential Zone Code as it:
  1. Is proposed to exceed 8 metres in building height from finished ground level
  2. Will visually dominate the surrounding area; and
  3. Has the potential to obstruct views and cause overshadowing of dwellings within proximity of the site.
2.       The proposal does not comply with Acceptable Outcome AO8.1 and corresponding Performance Outcome PO8 of the Low Density Residential Zone Code as it:
  1. Exceeds site cover requirements of 50% for one storey and 30% for the other storey or 40% for both storeys;
  2. Is not of a scale that is compatible with surrounding development; 
  3. Has not included the opportunity for soft landscaping between buildings; and
  4. Presents an appearance of bulk to adjacent properties.
3.       The proposal does not comply with Acceptable Outcome AO9.3 and corresponding Performance Outcome PO9 of the Low Density Residential Zone Code as:
i.        The northern side boundary setback does not comply with minimum side setback requirements;
ii.       The built to boundary garage and bin structures do not comply with minimum side setback requirements;
iii.      Will impact on the visual and acoustic amenity of adjoining premises; 
iv.      Has the capacity to cause issues of overlooking of private open space of adjoining premises; and
v.      Does not provide adequate distance from adjoining land uses.
4.       The proposal does not comply with Acceptable Outcome AO16.3 and corresponding Performance Outcome PO16 of the Low Density Residential Zone Code as the proposed rooftop terrace will have the potential to obstruct views of dwellings within proximity of the site and create issues of overlooking to neighbouring properties. the privacy walls associated with the proposed roof top terrace will also create excessive bulk to neighbouring properties. 
B.      Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
 
 
5.4.    RAL22/0021 - RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE POINT CRESCENT, NOOSA HEADS
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 11 July 2023 regarding Application No. RAL22/0021 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 39-41 Picture Point Crescent Noosa Heads and
A. Refuse the application for the following reasons:
1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance Outcomes PO5, PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4, AO7.5, AO7.7 of the Reconfiguring a Lot Code as:
  1. The proposed lots are not consistent with the size and character of surrounding lots and are less than the required minimum lot size and width. 
  2. The proposed lots are irregular in shape, with the proposed lot shape not necessitated by a curve in the road, topographical constraints, or the site’s vegetation, with the lot shape constraining their future development for multiple dwellings.
  3. The future development of the lots is likely to result in duplication of accessways and services, excessive earthworks and modification to the landform which will impact on the amenity and character of the area. 
  4. The proposed development is not consistent with the Overall Outcome 2(o) of the Noosa Heads Locality Plan Code to accommodate a greater diversity in housing types as the proposed reconfiguring a lot will limit the opportunities for further multiple dwellings in Noosa Heads.
2.       The proposed lots are not consistent with the Overall Outcome 2(f) and Performance Outcome PO1 of the High Density Residential Zone Code to accommodate multiple dwellings to the exclusion of dual occupancy and dwelling houses, as the proposed lots are unlikely to be able to accommodate multiple dwellings consistent with the code’s built form requirements.
3.       The proposed development is contrary to Overall Outcome 2(c), (d) & (h), Performance Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity, Waterways and Wetlands Overlay Code as the proposed lot boundaries transect a wildlife corridor and no rehabilitation is proposed to improve this ecological linkage.
4.       The proposed lots are in part located in a medium bushfire hazard area and the Bushfire Management Plan does not make any assessment of the proposed development or identify any bushfire mitigation measures, based on ecological principles, to minimise the risk to people and property from bushfire hazard.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
 
 
5.5.    MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA
That the Planning and Environment Committee Agenda Item 5.5 be referred to the General Committee and request the CEO to liaise with the applicant regarding a range of matters that would reduce the potential impact such as:
  • Limiting the use to 3 days a week and the hours 9am to 5pm;
  • Installing acoustic barriers around the compressor and any other noise making machinery likely to create a nuisance outside of the property boundaries;
  • Adopting work practices that buffer and direct noise away from neighbouring properties; and
  • Conducting all operations to comply with noise limits set by the relevant Environmental Protection Policy. 
 
 
5.6.    MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET, BOREEN POINT
That Planning & Environment Committee Agenda Item 5.6 be referred to the General Committee for further consideration and request the CEO to provide appropriate conditions considering the environmental sensitivity of the site including the control of dogs and other activities that may impact on environmental values.
 
 
5.7.    MCU16/0090.02 - MINOR CHANGE TO THE EXISTING APPROVAL FOR THE PURPOSE OF PROVIDING A CAFÉ FOR GUESTS OF THE COMMUNITY USE – WELLBEING – TYPE 2 SOCIAL ON LAND AT 468 MCKINNON DRIVE, COOROIBAH
In accordance with Chapter 5B of the Local Government Act 2009, Cr Wegener provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Wegener, inform the meeting that I have a declarable conflict of interest in this matter in relation to the application by Sunshine Butterflies as on 23 October 2020 I provided them with a donation of surfboard making equipment valued at approximately $1200.  Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I do not have any other association with that organisation. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
Council Resolution
Moved:        Cr Frank Wilkie
Seconded:  Cr Clare Stewart
That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public interest that Cr Wegener participates and votes on this matter because Council believes that he does not stand to receive a personal benefit or loss in relation to this matter and therefore a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Wegener did not vote on the above motion.

Council Resolution
Moved:          Cr Joe Jurisevic
Seconded:    Cr Amelia Lorentson
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 11 July 2023 regarding Application No. MCU16/0090.02 for a Minor Change to an existing approval for Material Change of Use - Community Use – Wellbeing – Type 2 – Social, situated at 468 McKinnon Drive, Cooroibah and:
  1. Approve the change.
  2. Amend conditions 1 & 2 to read as outlined in Attachment 1 – Proposed amended and additional conditions.
  3. Include 2 additional conditions as outlined in Attachment 1 – Proposed amended and additional conditions.
  4. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. 
Carried unanimously.

 
5.8.    INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS CREEK
That Planning & Environment Committee Agenda Item 5.8 be referred to the General Committee due to significance of the issue.
 
 
6.1.    PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY MAY 2023
That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 11 July 2023 regarding planning applications that have been decided by delegated authority.
 
 
6.2.    NOOSA ENIVIRONMENT STRATEGY - YEAR THREE (2021/2022) IMPLEMENTATION PLAN ANNUAL UPDATED
That Planning & Environment Committee Agenda Item 6.2 be referred to the General Committee due to the significance of the issue.
 
 
7.1.    CONFIDENTIAL - NOT FOR PUBLIC RELEASE - ENVIRONMENT LEVY PROPOSED LAND PURCHASE 
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stockwell provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Stockwell, inform the meeting that I have a declarable conflict of interest in this matter as in my sole trader consultancy (Watershed Australia), I commenced a contract with the Koala Action Gympie Region Association (KAGR) in June 2023.  The $28,000 agreement currently runs to the end of the calendar year. As part of the contract I am assisting the not-for-profit group identify potential programs and projects to enhance koala habitat and the sustainability of the group in the Gympie Region including opportunities to link with other organisations to create inter-regional corridors.  As the subject land abuts the Gympie Regional Council area, and as it is part of a mapped koala corridor in the SEQ Bioregion, KAGR may have a future interest in linkages across shire boundaries in this locality.  As there is currently no direct link, nor any current specific project or proposal involving KAGR, or myself in a consultant capacity, and the lot in question, nor is it likely that I will benefit directly from its acquisition. However, I will now leave the meeting.
Cr Stockwell left the meeting.

Council Resolution
Moved:          Cr Clare Stewart
Seconded:    Cr Frank Wilkie
That Council note the Report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 11 July 2023 regarding the proposed purchase of the property and: 
A. Approve and authorise the CEO to:
  1. Proceed with negotiation with the owners or their agent to purchase the property detailed in the Report within the valuation range of $400,000 to $480,000; 
  2. If agreement can be reached between Council and the owners or their agent, utilise Council's Environment Levy funds to proceed with the purchase of the property detailed in the Report within the valuation range of $400,000 to $480,000;
  3. If the property detailed in the Report is purchased by Council, proceed with the placement of a Nature Refuge over the property; and
  4. Utilise Council's Environment Levy funds to allow Environmental Services undertake initial management actions on the property including weed and pest management, fire management, and ecological restoration; and
  5. Utilise Council's Environment Levy funds to allow Environmental Services to undertake ongoing management actions on the property including weed and pest management, fire management, flora and fauna monitoring.
                                                                                                                                                                                                                                 Carried unanimously.
Council Resolution
Moved:          Cr Brian Stockwell
Seconded:    Cr Amelia Lorentson
That the report of the Planning & Environment Committee dated 11 July 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. 
Carried unanimously. 


This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.

What was said?

Named discussion on NoosaWatch TV

These actual transcript passages match the item’s wording. The start and end of the item’s discussion are not yet confirmed; these excerpts are not measured item airtime or exact decision moments.

Brian Stockwell9:20
Yes. The Council note the report by the development assessment managers of the Planning & Environment Committee meeting dated the 11th of July 2023 regarding application MCU21/0110 for a development permit for a Material Change of Use, bar, food and drink, outdoor sports and recreation resort complex at 61 Noosa Springs Drive, Noosa Heads and note that the applicant has stopped the current period. Do we have a seconder for that please? Just by way of explanation this is a option available to any applicant that they ask Council to cease assessment of the application which is what they've done formerly therefore we can't deal with the matter of tonight's meeting.
▶ Watch Brian on NoosaWatch TVRead in transcript
Joe Jurisevic11:42
On that basis Madam Chair I'll move that the if Cathy can keep the motion on the board before me sorry it keeps going to the end of the page. I've got a tick in my neck. I'll Council tell you note: the report by the development planner to the Planning & Environment Committee meeting dated 11 July 2023 regarding application number MCU22/0120 for a development permit for a two-year change of use, home-based business mechanic, 39 Eucalypt Way, Cootharaba, and that the applicant has requested deferral of the decision until 17 August 2023. Of August 2023.
▶ Watch Joe on NoosaWatch TVRead in transcript
1 suggested discussion start time
  • 55.0 seconds on the council source timeline · Recording time not yet verified. The end of the discussion is not yet confirmed.

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