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Planning & Environment Committee Meeting
Tuesday, 12 September 2023 @ 9:30AM - #212
Meeting Duration: 1 hour and 9 minutes
This Noosa Council meeting contains very poor audio quality. This may have affected the transcription below and is beyond our control.
Flying-fox SoMI endorsed: staged management and comms, Dispersal rejected, Goodchap St day surgery refused over zoning and water-quality conflicts, Satinay Dr subdivision refused for bushfire risk.
Key Decisions & Discussions • Flying-fox SoMI endorsed with actions : Council approved the Statement of Management Intent (SoMI), mandated comms planning, review of the subsidy program, and flagged extra resourcing needs (Item 5.1; 35:49–35:54). • Shift to staged management : SoMI replaces “conflict level” triggers with a staged approach applied equitably across roosts; site-specific plans to set local triggers and responses (10:52–12:00; Item 5.1). • Consultation outcomes : Extensive Your Say Noosa plus roost-area engagement informed the model; residents’ feedback drove subsidy review and clearer comms (15:40–17:30; Item 5.1). • Roost management pipeline : Existing plans at Wallace Park, Waratah Reserve, Keys Creek, Cooroy; flagged future plans for Pinaroo Park and a regional plan to codify influx procedures (17:45–19:45; Item 5.1). • Dispersal not an option : Evidence cites low success, high cost/risks; notable Sunshine Coast example split a roost creating dual problems (27:50–30:10; Item 5.1). • Mental health impacts addressed : Queensland Health engaged at community sessions; Council leveraging higher subsidies at high-impact sites (31:30–33:40; Item 5.
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Key Decisions & Discussions • Flying-fox SoMI endorsed with actions : Council approved the Statement of Management Intent (SoMI), mandated comms planning, review of the subsidy program, and flagged extra resourcing needs (Item 5.1; 35:49–35:54). • Shift to staged management : SoMI replaces “conflict level” triggers with a staged approach applied equitably across roosts; site-specific plans to set local triggers and responses (10:52–12:00; Item 5.1). • Consultation outcomes : Extensive Your Say Noosa plus roost-area engagement informed the model; residents’ feedback drove subsidy review and clearer comms (15:40–17:30; Item 5.1). • Roost management pipeline : Existing plans at Wallace Park, Waratah Reserve, Keys Creek, Cooroy; flagged future plans for Pinaroo Park and a regional plan to codify influx procedures (17:45–19:45; Item 5.1). • Dispersal not an option : Evidence cites low success, high cost/risks; notable Sunshine Coast example split a roost creating dual problems (27:50–30:10; Item 5.1). • Mental health impacts addressed : Queensland Health engaged at community sessions; Council leveraging higher subsidies at high-impact sites (31:30–33:40; Item 5.1). • Subdivision refused at 28 Satinay Dr : 1-into-2 lot refused due to prohibition in scheme, character/amenity inconsistency, and inadequate bushfire-compliant envelopes; reliance on third-party firebreak maintenance rejected (36:56–41:14; Item 5.2). • Bushfire hazard concerns : Proximity to National Park/reserve with tall eucalypt forest yields unacceptable risk; layout would unduly burden disaster management (39:18–41:51; Item 5.2). • Day surgery at 47 Goodchap St refused : Non-residential use expands beyond hospital precinct onto low-density residential land; scale, amenity impacts, inadequate parking, water quality risks to Lake Doonella (54:35–01:00:20; Item 5.4). • Planning need absent : Council noted existing approvals and zoned sites for medical uses; “overriding community need” not demonstrated to justify zoning conflict (56:32–59:31; Item 5.4). • Water quality non-compliance : Failure to demonstrate no increase in key pollutants to Lake Doonella under Water Quality & Drainage Code (Item 5.4). • Permaculture/golf course change deferred : Item on adding group farm-stay accommodation at 59 Kabi Rd referred to General Committee due to significance (45:39–52:55; Item 5.3). • Delegations report noted : July 2023 planning decisions under delegated authority received and noted (01:05:35–01:08:38; Item 6.1). Contentious / Transparency Matters • Tom Wegener : Declared a conflict on Item 5.3 (friendship with report author; role as President, Permaculture Noosa); Council opted to refer the matter, avoiding participation/vote issues at committee (42:38–53:55; Item 5.3). • Karen Finzel : Disclosed a campaign donation link in the delegated report; allowed to participate as item was for noting and decisions already made under delegation (01:02:26–01:05:08; Item 6.1). • Public interest management : Conscious application of Chapter 5B LGA 2009 tests; emphasis on “abundance of caution” to protect decision integrity (49:39–51:08; Items 5.3, 6.1). • Community expectations : Hospital expansion into residential street drew amenity/parking/scale objections from seven adjoining residents, reinforcing refusal (58:53–59:31; Item 5.4). • Equity in wildlife responses : Staged SoMI approach aims to avoid subjective “conflict level” bias and ensure consistent treatment across neighborhoods (11:25–12:00; Item 5.1). Legal / Risk • Planning Act 2016 s63(5) : Noted in refusals for subdivision and day surgery, ensuring transparent reasons protecting against appeal risk (Items 5.2, 5.4). • Scheme conflicts : Subdivision contravened Reconfiguring a Lot Code and Bushfire Hazard Overlay Code; day surgery conflicted with Strategic Framework, Local Plan Codes, Low Density Residential Zone Code, Community Activities Code, Driveways & Parking Code, and Water Quality & Drainage Code (Items 5.2, 5.4). • Bushfire safety : Proposal’s reliance on QPWS/Council firebreak maintenance contravened overlay principles; envelopes inadequate for safe siting, increasing response burden (Item 5.2). • Environmental statutes : Flying-fox management constrained by Qld Nature Conservation Act and Commonwealth EPBC Act; SoMI clarifies lawful practices, codes of practice, and mitigates legislative exposure (18:35–19:45; Item 5.1). • Waterway protection : Day surgery failed pollutant benchmarks for a high-ecological-value receiving environment (Lake Doonella), posing regulatory non-compliance risk (Item 5.4). • Grant leverage : State’s 50:50 grants require SoMI and resourcing to access funds for regional planning and comms; missed opportunities without implementation (13:45–15:30; 18:55–20:52; Item 5.1). Conflicts of Interest • Tom Wegener : Declarable conflict (friendship with Tom Kendall; President, Permaculture Noosa) on 59 Kabi Rd item; Council resolved referral to General Committee; he did not vote (42:38–53:55; Item 5.3). • Karen Finzel : Declarable conflict (2020 donor Peter Butt in delegated report); Council determined participation in public interest as report was for noting of pre-made decisions (01:02:26–01:05:08; Item 6.1). Environmental Concerns • Flying-fox ecology : Little Reds’ seasonal influxes create acute impacts; SoMI/regional plan to codify non-dispersal strategies, nighttime arborist protocols, and habitat mapping with SEQ analysis project (20:52–26:52; Item 5.1). • Amenity/health : Odour, droppings, stress addressed via subsidies, targeted trimming at high-sensitivity sites (e.g., retirement village near Waratah Reserve), and QHealth engagement (31:30–35:35; Item 5.1). • Lake Doonella protection : Hospital proposal lacked compliant stormwater quality outcomes, risking nutrient/sediment loading to a high-value lake (Item 5.4). • Bushfire interface : Subdivision would intensify occupation at the national park edge with high-fuel forests; unacceptable hazard escalation (39:18–41:51; Item 5.2). Planning Scheme and Development Posture • Zoning integrity : Council defended low-density residential zoning by rejecting hospital expansion off the hospital site and retaining rare, well-located land for housing supply (54:35–01:01:07; Item 5.4). • Housing priority : Up to six lots (plus potential secondary dwellings) could be delivered at Goodchap St if retained for housing; this outweighed health facility dispersal into residential streets (01:01:07–01:01:37; Item 5.4). • Character and scale : Proposals must integrate with area character; hospital’s proposal and subdivision both failed on established character/amenity benchmarks (36:56–41:51; 54:35–59:31; Items 5.2, 5.4). • Co-location principle : Scheme expects medical growth to maximize the hospital site or zoned precincts; the standalone day surgery lacked integration and parking (54:35–59:31; Item 5.4).
Official Meeting MinutesRead minutes ↗
MINUTES
Planning & Environment Committee Meeting
Tuesday, 12 September 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 12 SEPTEMBER 2023
1. 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
2. CONFIRMATION OF MINUTES
Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel The Minutes of the Planning & Environment Committee Meeting held on 8 August 2023 be received and confirmed. Carried unanimously.
3. PRESENTATIONS
Nil 4. DEPUTATIONS
Nil 5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. FLYING FOX STATEMENT OF MANAGEMENT INTENT
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel
That Council note the report by the Fauna Management Project Officer to the Planning & Environment Committee Meeting dated 12 September 2023 PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
regarding Noosa Council's Flying-fox Statement of Management Intent (SoMI) and: A. Approve the Flying Fox Statement of Management Intent (SoMI) for the purpose of implementation, B. 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; C. 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; D. 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.
Carried unanimously.
5.2. RAL22/0027 - APPLICATION FOR RECONFIGURING A LOT (1 INTO 2 LOTS) AT 28 SATINAY DRIVE, TEWANTIN
Committee Recommendation Moved: Cr Karen Finzel Seconded: Cr Tom Wegener 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. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
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. Carried unanimously.
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
In accordance with Chapter 5B of the Local Government Act 2009, Cr Tom Wegener provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Tom Wegener inform the meeting that I have a declarable conflict of interest. The author of the Permaculture Report, Tom Kendall, is a friend of mine. I am also the President of permaculture Noosa. I believe I can make a judgment 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 participate in the decision.
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. Motion Moved: Cr Brian Stockwell That Council note the declarable conflict of interest by Cr Wegener and determine that it is in the public interest that Cr Wegener can remain the in the room to listen to the discussion but does not participate or vote on this matter. Motion lapsed for want of a seconder.
Committee Recommendation Moved: Cr Karen Finzel 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 12 SEPTEMBER 2023
Cr Wegener did not vote on the above motion
Cr Wegener resumed the Chair
5.4. MCU22/0131 - APPLICATION FOR A HOSPITAL AND HEALTH CARE SERVICE (DAY SURGERY AND ASSOCIATED FACILITIES) AT 47 GOODCHAP STREET, TEWANTIN
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 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. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
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. Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
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 PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 SEPTEMBER 2023
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.
Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener 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 the above motion
Committee Recommendation Moved: Cr Tom Wegener 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.
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