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Planning & Environment Committee Meeting
Tuesday, 10 October 2023 @ 9:30AM - #213
Meeting Duration: 40 minutes
This Noosa Council meeting contains very poor audio quality. This may have affected the transcription below and is beyond our control.
Planning: Bunnings Trade height, signage, vegetation to General Committee, Appeals: Council defending three court matters, ZEN: 3-yr coordinator funding w/ conflict clauses, Delegations noted.
Key Decisions & Discussions • Council approved remote attendance for Karen Finzel under s254K Local Government Regulation 2012 (Qld); unanimous (00:35) (Attendance). • Planning item 5.2 (Bunnings Trade, 178 Eumundi Noosa Rd) was referred to General Committee for further consideration; focus: height exceedance, streetscape, signage, vegetation (19:37) (Item 5.2). • Planning item 5.1 (Zero Emissions Noosa Inc. grant) referred to General Committee due to significance; draft 3‑year partnership agreement to fund a coordinator, subject to annual budgets (28:18) (Item 5.1). • Planning Appeals : Council noted reports and resolved to defend three Planning & Environment Court appeals—Picture Point lot reconfiguration (D130/2023), Cooroy relocatable home park (D153/2023), Sunshine Beach dwelling (D133/2023); all unanimous (30:14–34:18) (Items 5.3–5.5). • Delegated decisions : Council noted August 2023 outcomes—97 approvals under delegation; one refusal by Council (Cooroy relocatable home park) (35:57) (Item 6.1). • Chair confirmed meeting closure at 10:11, with return of Clare Stewart recorded post COI item (39:26) (Closure). • Operational detail : Officers confirmed prior court-approved signage regime on the Bunnings site; any new signage likely constrained unless subdivision finalised or court order varied (08:35) (Item 5.2). • Traffic : External review found no adverse impacts for Bunnings Trade; trade peak expected earlier than retail peak (18:04) (Item 5.2). • Design negotiation : Officers secured minor articulation/pitched roof; height still 12 m vs 10 m code due to pallet racking and site fall; building set back behind Vision Court (06:28–16:08) (Item 5.2). • Vegetation : Request for a plan locating all frontage trees on lot and road reserve to inform screening; to be provided for General Committee (16:41–17:58) (Item 5.2). • ZEN scope : Coordinator to strengthen grants, education, and stationary energy initiatives; alignment with Council’s net-zero objectives and prior community battery success (24:42–27:21) (Item 5.1). • Agreement flexibility : Annual budget gate, capacity to tweak terms (e.g., conflict disclosure) and role emphasis (coordination vs admin) (25:27; 27:21) (Item 5.1). Contentious / Transparency Matters • Brian Stockwell questioned approving a 12 m industrial aesthetic and corporate colour palette inconsistent with Noosa signage objectives (08:58–12:16) (Item 5.2). • Signage “creep” risk identified: existing court approval already “significantly oversized” relative to current Local Law intent; officers to constrain any new signs (08:58–11:22) (Item 5.2). • ZEN agreement transparency : Amelia Lorentson sought explicit conflict-of-interest disclosure clauses; officers agreed to refine (26:50–27:21) (Item 5.1). • Process discipline : Multiple significant items elevated to General Committee to ensure fuller scrutiny (19:37; 28:18) (Items 5.1–5.2). • Data clarity : Delegations report enhanced with breakdown table to improve public understanding of approvals vs refusals (35:57–37:00) (Item 6.1). • Vegetation transparency : On-site tree survey requested to validate screening and landscaping claims before decision (16:41–17:58) (Item 5.2). Legal / Risk • Defending appeals : Council to defend three P&E Court matters—lot split at Picture Point (neighbourhood character), Cooroy relocatable home park (site constraints/character), Sunshine Beach dwelling (height, site cover, setbacks, overlooking) (30:14–34:18) (Items 5.3–5.5). • Litigation exposure : Costs and prospects not yet estimable; case management to refine expert needs and duration (31:09) (Items 5.3–5.5). • Signage compliance risk : Any additional Bunnings signage may require varying existing court order or completing subdivision to fall under current Local Law; non-compliance risk flagged (08:35–11:22) (Item 5.2). • Scheme performance outcomes : Height exceedance (12 m vs 10 m) justified on performance grounds (industrial function/site topography); vulnerability to appeal mitigated by setbacks and screening conditions (06:28–13:26) (Item 5.2). • Contract governance : ZEN agreement is 3-year but budget-contingent; amendments permitted to add COI clauses, reducing probity risk (25:27; 27:21) (Item 5.1). Sunshine Beach • Appeal D133/2023 : 60 Seaview Terrace dwelling refused for excessive height/site cover/setbacks and rooftop terrace overlooking; Council to defend (33:16–34:18) (Item 5.5). • Retail minor works : Delegated approval for extension to Sunshine Beach butcher shop tenancy confirmed as discussed previously (38:27–39:04) (Item 6.1). Material Change of Use / Planning Scheme Interface • Noosaville Bunnings Trade : New trade-focused offer distinct from Bunnings Warehouse; dual-level with undercroft parking; compliance except height; conditions to address colour palette and landscaping foreshadowed (01:40–15:52) (Item 5.2). • Sign law shift : Historic court-approved signage pre-dates current Local Law; Council emphasis on curbing building-as-sign outcomes, aligning with Noosa character (08:58–11:18) (Item 5.2). • Delegated assessments : Range from MCUs to operational works; example queries on riparian setbacks indicate code-based flexibility applied case-by-case (37:22–38:23) (Item 6.1). Environmental & Climate Initiatives • ZEN partnership : Funding targets a coordinator to accelerate emissions reduction projects, grants, and community education; leverages ZEN’s DGR status and science-based approach (24:42–27:21) (Item 5.1). • Outcomes focus : Annual operational plan and reporting to evidence ROI and target alignment; modeled on updated NBRF framework (27:21) (Item 5.1). Community Transparency & Governance • Live COI management : Clare Stewart declared a declarable COI re OPW23/0077 linked to a close friend; left and later returned; vote proceeded without her (35:12) (Item 6.1). • Meeting management : Chair rearranged agenda to accommodate presenter availability and elevate significant items, maintaining procedural clarity (00:47; 20:29; 28:18) (Items 5.1–5.2). Conflicts of Interest • Clare Stewart : Declarable COI for OPW23/0077 due to close personal friendship with Jane Margaret Blake; exited for item; compliance with Chapter 5B LGA 2009 (35:12) (Item 6.1). • ZEN agreement : Proposal to embed explicit conflict disclosure obligations for funded partner to enhance probity (26:50–27:21) (Item 5.1).
Full Official Meeting Minutes
MINUTES
Planning & Environment Committee Meeting
Tuesday, 10 October 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 10 OCTOBER 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Cr Tom Wegener (Chair) Cr Karen Finzel (via Microsoft Teams) Cr Clare Stewart Cr Brian Stockwell
NON COMMITTEE MEMBERS Cr Amelia Lorentson
EXECUTIVE Director Strategy and Environment Kim Rawlings Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray
APOLOGIES Nil
Council Resolution Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That in accordance with Section 254K of the Local Government Regulation, Cr Finzel is approved to attend the Meeting dated 10/10/2023 via Microsoft Teams. Carried unanimously.
2. CONFIRMATION OF MINUTES
3. PRESENTATIONS
Nil
4. DEPUTATIONS
Nil
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. ZERO EMISSIONS NOOSA (ZEN) INC. GRANT FUNDING AGREEMENT
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue. Carried unanimously. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 OCTOBER 2023
5.2. MCU22/0051 APPLICATION FOR MATERIAL CHANGE OF USE HARDWARE & TRADE SUPPLIES AT 178 EUMUNDI NOOSA ROAD, NOOSAVILLE
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee for further consideration. Carried unanimously.
5.3. PLANNING & ENVIRONMENT COURT APPEAL NO. D130 OF 2023 – APPLICATION TO RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE POINT CRESCENT, NOOSA HEADS
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D130 of 2023 and agree to defend the appeal. Carried unanimously.
5.4. PLANNING & ENVIRONMENT COURT APPEAL NO. D153 OF 2023 – APPLICATION FOR MATERIAL CHANGE OF USE – RELOCATABLE HOME PARK (COMMUNITY AND AFFORDABLE HOUSING – 32 DWELLINGS) AT 55 AND 70 CARPENTERS RD COOROY
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D153 of 2023 and agree to defend the appeal. Carried unanimously.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D133 OF 2023 – APPLICATION FOR BUILDING WORKS FOR A DWELLING HOUSE AT 60 SEAVIEW TCE, SUNSHINE BEACH
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 OCTOBER 2023
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2023 regarding Planning & Environment Court Appeal No. D133 of 2023 and agree to defend the appeal. Carried unanimously.
6. REPORTS FOR NOTING BY THE COMMITTEE
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY AUGUST 2023
In accordance with Chapter 5B of the Local Government Act 2009, Cr Stewart provided the following declaration to the meeting of a declarable conflict of interest in this matter: I, Cr Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to No. 28 OPW23/0077 in the list of applications in the report, as I have a close personal friendship with Jane Margaret Blake. As a result of my conflict of interest I will now leave the meeting room while the matter is considered and voted on.
Cr Stewart left the meeting room.
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 10 October 2023 regarding planning applications that have been decided by delegated authority. Carried unanimously.
Disclaimer: The transcript below is produced by our own transcription systems and will contain errors and omissions, including incorrect speaker attribution. It is provided for informational purposes only and may be inaccurate or incomplete — do not rely on this content; for definitive statements, speakers, decisions and context, always refer to official council sources. We accept no responsibility or liability for any reliance on it.