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Item 8.2.2023-09-21 · OrdinaryOfficial item record

Planning & Environment Committee Report - 12 September 2023

Final resolution: Carried

That the report of the Planning & Environment Committee dated 12 September 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 12 September 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried unanimously.

Official item minutes · Event 3

1Council ResolutionCarried

Moved: Frank Wilkie · Seconded: Joe Jurisevic

That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public interest that Cr Finzel participates and votes on this matter because the decision has already been made under delegated authority and the report is for noting only.

Carried unanimously.

Official minutes · section 63

2Council ResolutionCarried

Moved: Amelia Lorentson · Seconded: Karen Finzel

That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 12 September 2023 regarding planning applications that have been decided by delegated authority.

Carried unanimously.

Official minutes · section 69

3Council ResolutionCarried

Moved: Joe Jurisevic · Seconded: Karen Finzel

That the report of the Planning & Environment Committee dated 12 September 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.

Carried unanimously.

Official minutes · section 74

Read complete item-specific minutes
 ATTENDANCE & APOLOGIES  
 
COMMITTEE MEMBERS
Councillor Tom Wegener (Chair)
Councillor Karen Finzel
Councillor Brian Stockwell
 
NON COMMITTEE MEMBERS
Councillor Amelia Lorentson
Councillor Frank Wilkie
 
EXECUTIVE 
Acting Chief Executive Officer Larry Sengstock 
Director - Strategy and Environment Kim Rawlings (via Microsoft Teams)
Director Development & Regulation Richard MacGillivray 
 
APOLOGIES
Councillor Clare Stewart


COMMITTEE RECOMMENDATIONS TO COUNCIL 


5.1.  FLYING FOX STATEMENT OF MANAGEMENT INTENT
That Council note the report by the Fauna Management Project Officer to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Noosa Council's Flying-fox Statement of Management Intent (SoMI) and:  
  1. Approve the Flying Fox Statement of Management Intent (SoMI) for the purpose of implementation, 
  2. Note that following endorsement of the SoMI, Environmental Services will undertake a priority review of the Flying-fox Subsidy Program considering community feedback and seek future Council endorsement of any recommended changes to the Flying-fox Subsidy Program as required;
  3. Develop and implement an internal and external communications plan for flying-fox influxes to ensure clear information is provided to relevant stakeholders during these events;
  4. Note that additional resources are required as outlined in this report to fully and effectively deliver the requirements of the SoMI and flying-fox management in the Noosa Shire and that consideration of these be referred to the budget consideration process.
      
5.2. RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 28 SATINAY DRIVE, TEWANTIN


That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Application No. RAL22/0027 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated at 28 Satinay Dr Tewantin Qld 4565 and:
 
A.    Refuse the application for the following reasons:
1.    The proposal does not comply with Purpose and Overall Outcomes (1)(a), (b) and (c), (2)(a), (b) and (e)(i), Acceptable Outcome AO7.3 and Performance Outcomes PO4 and PO7, of the Reconfiguring a Lot Code as:
a.    The development application is for subdivision in an area identified as being not suitable for subdivision. 
b.    The lot size and subdivision layout in not consistent with the established character and amenity of Noosa Parklands Estate. 
c.    The required building envelope for proposed Lot 2 is not adequate to accommodate a dwelling house and associated structures and services, and therefore is not fit its intended use. 
 
2.    The proposal does not comply with Purpose and Overall Outcomes (1) and (2)(a), (b) and (e), Acceptable Outcomes AO1, AO7, AO8.3 and Performance Outcomes PO1 and PO7 of the Bushfire Hazard Overlay Code as:  
a.    The methodology for determining the building envelopes assumes that Queensland Parks and Wildlife Service and Council will maintain the firebreak between the existing lot and adjoining National Park and Council Reserve. Preservation of the separation from hazardous vegetation should not be dependent on third parties. 
b.    The proposed reconfiguration does not minimise the risk to people and property from bushfire hazard. 
c.    The proposed layout will unduly burden disaster management services.
d.    The required building envelope for proposed Lot 2 is not adequate.

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

 
5.3.  - 131998.981211.5 - APPLICATION FOR OTHER CHANGE TO DEVELOPMENT APPROVAL (12637DA) INTEGRATED PERMACULTURE DESIGNED ORGANIC ORCHARD AND GOLF COURSE COMPLEX (18 HOLES) TO INCLUDE GROUP FARM STAY ACCOMMODATION & ASSOCIATED SUPPORTING INFRASTRUCTURE AT 59 KABI ROAD, COOTHARABA
That Planning & Environment Committee Agenda Item 5.3 be referred to the General Committee due to the significance of the issue. 
 
 
 
5.4.  MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47 GOODCHAP STREET, TEWANTIN
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 12 September 2023 regarding Application No. MCU22/0131 for a Development Permit for Material Change of Use – Health care service & Hospital, situated at 47 Goodchap St Tewantin and:
 
 A.    Refuse the application for the following reasons:
1.    The proposal conflicts with Section 3.3.2, strategic outcomes (k), (n) and Section 3.3.3, strategic outcome (a) of the Strategic Framework as:
a.    The proposal expands health care services further along Goodchap Street beyond the Noosa Hospital site and into a residential area.
b.    The proposal is located on land zoned for housing, removes a lot that is well suited for residential development and is needed to cater for future housing.
 
2.    The proposal is contrary to overall outcomes (o), (p) & (q) of the Tewantin Local Plan Area Code and overall outcomes (h), (n) and acceptable outcome AO16.3 of the Noosaville Local Plan Code as:
a.    The proposal expands health services into an area zoned for low density housing and on a large, well located site with significant opportunities to create further housing.
b.    The land is not committed or planned for community purposes. 
c.    The proposal does not maximise or make more efficient use of the Noosa Hospital site and is not located on land identified for the growth of health and medical services.
 
3.    The proposal is contrary to overall outcomes (a), (c), (g), (j) and performance outcomes PO1, PO2 of the Low Density Residential Zone Code as:
a.    The proposal is not residential being identified as a community activity under the Noosa Plan and is of a scale and design that is incompatible with and will impact adversely on nearby residents’ amenity.
b.    The proposal offers no integration or internal connection with the Noosa hospital.
c.    The proposal is not small scale and will service the wider community and not just local residents.
 
4.    The proposal is contrary to overall outcomes (a), (b), (c), (d), (e), (f) and performance and acceptable outcomes PO1, PO3, AO3, PO5, A)5, PO8 of the Community Activities Code as:
a.    The proposal is not integrated with the hospital or co-located on the Noosa Hospital site.
b.  The proposal is of a type, scale and intensity that is not consistent with surrounding development and character of the area and zone, includes substantial infrastructure to the site’s frontage and will remove mature native trees that significantly contribute to the streetscape.
c.   The proposal is likely to have significant adverse impacts on the amenity enjoyed by adjoining and nearby residents with insufficient buffering proposed for residents.
 
5.    The proposal is contrary to overall outcomes (a), (b) and PO6 of the Driveways and Parking Code as insufficient car parking has been provided to accommodate the number and type of vehicles likely to be generated by the development. 
 
6.    The proposal does not comply with performance and acceptable outcome PO6, AO6.1 of the Water Quality and Drainage Code as the site discharges into Lake Doonella which is of high ecological value and it has not been demonstrated the development will not cause an increase in gross pollutants, total suspended solids, total phosphorous or total nitrogen compared to a pre-development scenario as required.

7.    There is no Planning need for the site to be developed for the proposed community activity given there are other approved medical and health centres that are yet to establish and other areas where the use could locate consistent with the scheme’s zoning pattern.
 
8.    The site ought to be retained for housing, with lots of this potential rare in Noosa Shire. 

B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
 
  
6.1.  PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY JULY 2023

In accordance with Chapter 5B of the Local Government Act 2009, Cr Finzel provided the following declaration to the meeting of a declarable conflict of interest in this matter: 
I, Cr Finzel, inform the meeting that I have a declarable conflict of interest in this matter as on 5 March 2020, Mr Peter Butt who is an applicant listed in the delegated report (applicant no.1) donated $1666.66 to my 2020 Election Campaign where I was one of three candidates that ran as a group known as 'Future Noosa' (which is no longer an entity). Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the decision has already been made under delegated authority and the report is for noting only. 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 Joe Jurisevic

That Council note the declarable conflict of interest by Cr Finzel and determine that it is in the public interest that Cr Finzel participates and votes on this matter because the decision has already been made under delegated authority and the report is for noting only.
Carried unanimously.

Cr Finzel did not vote on this motion.

Council Resolution

Moved:Cr Amelia Lorentson
Seconded:Cr Karen Finzel

That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 12 September 2023 regarding planning applications that have been decided by delegated authority.
Carried unanimously.

Council Resolution

Moved:Cr Joe Jurisevic
Seconded:Cr Karen Finzel

That the report of the Planning & Environment Committee dated 12 September 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.

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