MINUTES

Planning & Environment
Committee Meeting

Tuesday, 11 July 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 JULY 2023

1. 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

2. CONFIRMATION OF MINUTES

Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
The Minutes of the Planning & Environment Committee Meeting held on 6 June 2023 be received and confirmed.
Carried unanimously.

3. PRESENTATIONS

Nil.

4. DEPUTATIONS

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 I have come to understand that JFP Urban Consultants on behalf of Altum Property Group, who are the Developers of Park Ridge Noosa Springs, made a submission against the Noosa Springs Hotel Development. Leigh McCready, who is associated with Altum, was involved as a volunteer with my 2020 election campaign with Future Noosa which is no longer an entity.
As a result of my conflict of interest I will now leave the meeting room while the Deputations are heard.
Cr Finzel left the meeting.

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 I have come to understand that JFP Consultants on behalf of Altum Property Group, who are the Developers of Park Ridge Noosa Springs, made a submission against the Noosa
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

Springs Hotel Development. Leigh McCready is associated with Altum Property Group. On 24 February 2020 I sought a review by the Independent Council Election Observer (ICEO) as to the public claims of the Future Noosa Team in regard to Ms Leigh McCready. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because the ICEO review was an advisory service and my queries at that time were in the public interest. 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 listen to the Deputations.

Committee Resolution
Moved: Cr Tom Wegener
Seconded: N/A
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates on this matter because Council believes that a reasonable person could not have a perception of bias because the ICEO review was an advisory service, not a statutory process, and Cr Stockwell’s queries at that time were in the public interest and neither he nor Ms McCready stood to personally gain or lose from that advice.
Carried unanimously.
Cr Stockwell did not vote on the above motion.

4.1. JOHN COCHRANE
TOPIC : MCU21/0110 - NOOSA SPRINGS HOTEL

The following material was presented to the meeting in relation to this item: refer to Attachment 1 to the Minutes

4.2. RHETT DUNCAN - UNITYWATER
TOPIC : MCU21/0110 - NOOSA SPRINGS HOTEL

4.3. ELLEN GUAN
TOPIC: MCU21/0110 - NOOSA SPRINGS HOTEL

The following material was presented to the meeting in relation to this item: refer to Attachment 2 to the Minutes
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

5. REPORTS FOR CONSIDERATION OF THE COMMITTEE

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

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue.
Carried unanimously.

5.2. 132001.210127.3 - CHANGE TO DEVELOPMENT APPROVAL - CHANGING
SHARED ROOMS TO SINGLE ROOMS - OZCARE - 100 COOYAR STREET,
NOOSA HEADS

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Council note the report by the Development Planner to the General 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:
A. Approve the change.
B. Amend the development description to read as follows:
o Development Permit for a Material Change of Use - Residential Care Facility (130 beds) C. Amend conditions 15 and 26 as outlined in Attachment 1 - Proposed amended and additional conditions D. Delete conditions 1, 2, 23, 27 and 28.
E. Include additional conditions as outlined in Attachment 1 - Proposed amended additional conditions.
F. 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.
G. Note the report is provided in accordance with Section 63(5) of the Planning Act
2016.

Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

5.3. DBW21/0216 - APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE
AT 60 SEAVIEW TERRACE, SUNSHINE BEACH

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
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:
i. Is proposed to exceed 8 metres in building height from finished ground level; ii. Will visually dominate the surrounding area; and iii. 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:
i. Exceeds site cover requirements of 50% for one storey and 30% for the other storey or 40% for both storeys; ii. Is not of a scale that is compatible with surrounding development; iii. Has not included the opportunity for soft landscaping between buildings; and iv. 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.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

5.4. RAL22/0021 - RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE POINT
CRESCENT, NOOSA HEADS

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Brian Stockwell
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:
a. 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.
b. 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.
c. 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.
d. 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.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

5.5. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE –
HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Tom Wegener
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.
Carried unanimously.

5.6. MCU23/0019 - SHORT TERM ACCOMMODATION AT 2A WOONGAR STREET,
BOREEN POINT

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
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.
Carried unanimously.

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.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Cr Finzel be appointed as Acting Chairperson of the meeting for this item for the purpose of considering the conflict of interest declaration by Cr Wegener.
Carried unanimously.
Cr Finzel assumed the chair.

Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
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.
Cr Wegener resumed the Chair.

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
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.
Cr Lorentson left the meeting.

5.8. INTEGRATED WATER QUALITY MONITORING PROGRAM - BURGESS CREEK

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 due to the fact that as President of the Noosa Lions Football Club (NLFC) I have land and water management responsibilities for approximately 4.5 ha of the Girraween Sports Complex. This involves the application of mainly organic, slow release and calcium-based fertilisers and herbicide over what is a sizeable holding in terms of the catchment. The club also uses groundwater for irrigation and has used surface water and recycled water in the past. The downstream impact of sports fields are potential risk factors for the quality of surface waters in the catchment. Considering the volunteer and community nature of my role with NLFC and the fact that the club is not
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

likely to gain or lose from the proposed monitoring program, I 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.

Committee Resolution
Moved: Cr Karen Finzel
Seconded: Cr Tom Wegener
That Council note the declarable conflict of interest by Cr Stockwell and determine that Cr Stockwell participates and votes on this matter because Council believes that neither he nor the Noosa Lions Football Club 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 Stockwell did not vote on the above motion.

Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Brian Stockwell
That Planning & Environment Committee Agenda Item 5.8 be referred to the General Committee due to significance of the issue.
Carried unanimously.
The meeting adjourned at 11.40am.
The meeting resumed at 11.50am.

6. REPORTS FOR NOTING BY THE COMMITTEE

Cr Lorentson returned to the meeting.

6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY MAY 2023

Committee Recommendation
Moved: Cr Karen Finzel
Seconded: Cr Brian Stockwell
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.
Carried unanimously.

6.2. NOOSA ENIVIRONMENT STRATEGY - YEAR THREE (2021/2022)
IMPLEMENTATION PLAN ANNUAL UPDATED

Cr Wilkie left the meeting.

Committee Recommendation
Moved: Cr Brian Stockwell
Seconded: Cr Karen Finzel
That Planning & Environment Committee Agenda Item 6.2 be referred to the General Committee due to the significance of the issue.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

7. CONFIDENTIAL SESSION

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, I 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.

Committee Resolution
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That Council note the declarable conflict of interest by Cr Stockwell and determine Cr Stockwell must leave the meeting and not participate in the consideration and vote on this matter because due to the confidential nature of the matter, I believe that a reasonable person may not trust that the final decision is made in the public interest.
Carried unanimously.
Cr Stockwell left the meeting.

CLOSURE OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That the meeting be closed to the public pursuant to section 254J (3) (g) of the Local Government Regulation 2012 for the purpose of discussing Item 7.1 Environment Levy Proposed Land Purchase.
Carried unanimously.

RE-OPENING OF THE MEETING TO THE PUBLIC
Committee Resolution
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel
That the meeting be re-opened to the public.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 JULY 2023

Committee Recommendation
Moved: Cr Tom Wegener
Seconded: Cr Karen Finzel

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.

8. MEETING CLOSURE

The meeting closed at 12.30pm.