Planning & Environment Committee Report - 7 November 2023
That the report of the Planning and Environment Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution. Carried unanimously… Full wording ↓
See the votes on this matter →
What was decided?
Final supported resolution
That the report of the Planning and Environment Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Official item minutes · Event 7
1Council ResolutionCarried
Moved: Joe Jurisevic · Seconded: Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Official minutes · section 22
2Council ResolutionCarried
Moved: Clare Stewart · Seconded: Joe Jurisevic
That Council note the report by the Senior Development Planner to the Planning and Environment Meeting dated 7 November 2023 regarding Application No. MCU22/0209.01 to make a minor change to an existing approval for a Development Permit for a Material Change of Use – Short-Term Accommodation situated at 515 Cooroy Noosa Rd, Tinbeerwah and:
A. Refuse the minor change application for the following reasons:
1. The proposed change does not constitute a minor change to the development approval as the increase in the number of people on site constitutes ‘substantially different development’, as the change will increase the severity of known impacts, including noise and carparking.
2. The proposed development is inconsistent with the Overall Outcomes (2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to 16 vehicles on site is not considered ‘small scale’ in the context of the subject site, locality and surrounding development and will likely impact on the rural amenity and character of the area.
3. The proposed development is inconsistent with Overall Outcome (2)(f) and PO25 of the Visitor Accommodation Code as the use of the premises to accommodate 16 persons will unreasonably impact on the residential amenity of the surrounding area due to the likely increase in noise to adjoining properties and the scale of the use being incompatible with the character and uses within the surrounding area.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Carried unanimously.
Official minutes · section 28
3Council ResolutionCarried
Moved: Joe Jurisevic · Seconded: Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Official minutes · section 43
4Council ResolutionCarried
Moved: Joe Jurisevic · Seconded: Clare Stewart
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D154 of 2023 and agree to continue enforcement against Eugeniy Raiter and Catherine Dentsas to address the current breaches of The Noosa Plan.
Carried unanimously.
Official minutes · section 49
5Council ResolutionCarried
Moved: Joe Jurisevic · Seconded: Clare Stewart
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Official minutes · section 57
6Council ResolutionCarried
Moved: Joe Jurisevic · Seconded: Clare Stewart
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D155 of 2023 and agree to continue enforcement against Angela Dentsas and Vasilios Dentsas to address the current breaches of The Noosa Plan.
Carried unanimously.
Official minutes · section 63
7Council ResolutionCarried
Moved: Amelia Lorentson · Seconded: Tom Wegener
That the report of the Planning and Environment Committee meeting dated 7 November 2023 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Carried unanimously.
Official minutes · section 70
Read complete item-specific minutes
ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Clare Stewart (Acting Chair) Cr Karen Finzel (vi Microsoft Teams) Cr Brian Stockwell NON COMMITTEE MEMBERS Cr Amelia Lorentson EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Infrastructure Shaun Walsh APOLOGIES Cr Tom Wegener COMMITTEE RECOMMENDATIONS TO COUNCIL 5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, 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. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the issue. 5.3. MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. 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. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Clare Stewart Seconded: Cr Joe Jurisevic That Council note the report by the Senior Development Planner to the Planning and Environment Meeting dated 7 November 2023 regarding Application No. MCU22/0209.01 to make a minor change to an existing approval for a Development Permit for a Material Change of Use – Short-Term Accommodation situated at 515 Cooroy Noosa Rd, Tinbeerwah and: A. Refuse the minor change application for the following reasons: 1. The proposed change does not constitute a minor change to the development approval as the increase in the number of people on site constitutes ‘substantially different development’, as the change will increase the severity of known impacts, including noise and carparking. 2. The proposed development is inconsistent with the Overall Outcomes (2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to 16 vehicles on site is not considered ‘small scale’ in the context of the subject site, locality and surrounding development and will likely impact on the rural amenity and character of the area. 3. The proposed development is inconsistent with Overall Outcome (2)(f) and PO25 of the Visitor Accommodation Code as the use of the premises to accommodate 16 persons will unreasonably impact on the residential amenity of the surrounding area due to the likely increase in noise to adjoining properties and the scale of the use being incompatible with the character and uses within the surrounding area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried unanimously. 5.4. FURTHER REPORT - 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 5.4 be referred to the General Committee as there is no quorum due to proposed conflict of interest declarations. 5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 - ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA HEADS. In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. 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. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D154 of 2023 and agree to continue enforcement against Eugeniy Raiter and Catherine Dentsas to address the current breaches of The Noosa Plan. Carried unanimously. 5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023 ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Lorentson, inform the meeting I have a declarable conflict of interest in this matter. My husband and I own a property at Noosa Parade, Noosa Heads. Since November 2020 this property has been used for Short Term accommodation rental. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias as I have no personal relationship with the applicant, and although I have a STA property, I will not be positively or negatively impacted by the decision. 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. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that there is no personal relationship with the applicant and Cr Lorentson will not be positively or negatively impacted by the decision so a reasonable person would trust that the final decision is made in the public interest. Carried unanimously. Cr Lorentson did not vote on the above motion. Council Resolution Moved: Cr Joe Jurisevic Seconded: Cr Clare Stewart That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D155 of 2023 and agree to continue enforcement against Angela Dentsas and Vasilios Dentsas to address the current breaches of The Noosa Plan. Carried unanimously. 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY SEPTEMBER 2023 That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding planning applications that have been decided by delegated authority. Council Resolution Moved: Cr Amelia Lorentson Seconded: Cr Tom Wegener That the report of the Planning and Environment Committee meeting dated 7 November 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.
No confidently related passage found
The official item remains available. Uncertain timing has not been filled in.
Open the meeting record1 suggested discussion start time
- 982.0 seconds on the council source timeline · Recording time not yet verified. The end of the discussion is not yet confirmed.