Planning & Environment Committee Meeting - October 2023
Date: Tuesday, 10 October 2023 at 9:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:40:32
Synopsis: 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.
Meeting Attendees
Committee Members
Tom Wegener Karen Finzel Clare Stewart Brian Stockwell
Non-Committee Members
Executive Officers
Director Strategy And Environment Kim Rawlings Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray
AI-Generated Meeting Insight
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).
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. Cr Stewart returned to the meeting. 7. CONFIDENTIAL SESSION Nil 8. MEETING CLOSURE The meeting closed at 10:11 AM
Meeting Transcript
Tom Wegener 00:00.000
Everybody, welcome to the Planning and Environment Committee meeting, Tuesday, October 10th, 2023. I declare the meeting open. I would like to acknowledge that we are meeting on the traditional lands of the Kabi Kabi people and I pay my respects to their past to the elders past present and emerging and I note that we have Councillor Stockwell and Mayor Stewart in the room and we have Councillor Finzel attending by... attending via Microsoft Teams, should we right now have the motion to accept that we can allow?
Brian Stockwell 00:35.417
Yes, so I'm happy to move the standard motion that says we're happy for Councillor Finzel to attend virtually. Brian would like to speak to that? No. Any questions?
Tom Wegener 00:47.547
No. All in favour? It's been unanimous. And I'd also like to note that Councillor Lorentson is in the room. we will be moving to, we're going to put item number one, zero emissions Noosa, back until Annie arrives and we'll go start with 5.2, application for material change of use, hardware in trade supplies at 178 Eumundi Noosa Road, Noosaville. Thank you. Okay, we have Didine, Patrick and Richard speaking. Didine, would you walk us through this?
Didine 01:40.920
Yeah, good morning everyone. This is an application, MCE22/0051, for material change of use for hardware and trade supplies at 178 Eumundi Noosa Road, Noosaville. So it's a proposal. It's a proposed extension on the existing Bunnings site. If you're all familiar with the existing Bunnings site, there is a rectangular parcel of land on the northern edge which is currently vegetated, and the applicant proposes to construct a hardware and trade supply store on this portion of the site. but the total floor area of over 1 proposed over two levels with car parking on the ground floor and the upper floor with the trade supplies they this is the applicant has indicated this is to be primarily timber and trade supplies to service professional builders and trades people. They've indicated that it's a different target market than the existing Bunnings warehouse. This is actually called Bunnings Trade and the existing Bunnings Green Building is called Bunnings Warehouse. So it's actually tailored to suit the trade pattern, the trade side of things. There is duplication in this area so the trade people can buy again in bulk I suppose screws and nails and things like that, minimising the need to go over to the existing Bunnings. It also also has a different external appearance and branding as such. It has a different colour scheme. There is a single elevator proposed within the building, therefore it's not as retail friendly getting from the down to the upper level. Again, mainly providing sort of access for people with trailers. It also has a different website to the existing Bunnings warehouse. They've given breakdown of Bunnings. The Bunnings website has a whole range, the existing Bunnings warehouse has a whole range of items from tools, garden, kitchen, bathroom, plumbing, paint, flooring, storage, cleaning, lighting, electrical. they've also further indicated that their product lines have had a different quality than perhaps some of the power tools and power lines you get over on the existing one. The applicant has also indicated they are maintaining the existing trade supplies in the existing Bunnings Warehouse, which is mainly that timber trade area on the northern section of the building. We've had a look at the original court approval as well. So the existing Bunnings Warehouse was approved as a retail business type 4 showroom, a retail business type 6 hardware, and a retail business type 7 garden and lifestyle centre. So there's a whole range of uses approved for that existing Bunnings. There is no specific condition in there about out. Percentage of different items they can sell, but there is definitely a plan which shows the trade team up in that northern portion of the site. And as I've said, they don't intend to remove that. So the building generally complies with the planning scheme requirements, but it doesn't comply in terms of the scheme, in terms of the existing, in terms of the scheme's requirements for a 10 metre height limit. The applicant proposes a building with 12 metres in height. We've questioned the applicant during the process about why they needed to go that They've indicated that the upper level is about 6 metres at its lowest point and that's needed for racking and stacking of their pallets and the sale of their products. There is also a, when you look at this site, it is actually... is actually lower from the Vision Court buildings on the northern side of the site and even the existing Bunnings driveway is higher. There's been substantial fill. So this is actually low and it actually has a significant... fall from the rear to the sort of from the northeastern corner down to the southwestern corner. There's at least a six metre fall across the site and it gets quite low at the front. So actually lower than the surrounding sites. In the report on one of the pages there is a copy of a plan... I'm sorry. After... Figure six?
Brian Stockwell 06:27.015
Is that what we're looking for?
Didine 06:28.155
Yes, figure six. The one above it, there are the two elevations there. So one Page 34. Page 34, yeah. Page 34, figure six, there are the two elevations there. The top one shows the applicant's impression of the Vision Court buildings, this proposed building. So it's above where it says Gateway Drive. That's the middle building, extended proposed development. And then there's the existing development of Bunnings. So... We've considered the performance outcomes, the proposals in terms of its impact on the streetscape. And in this instance, in light of the proposal, the surrounding development, the setback, which is actually behind those existing Vision Court, we've supported that increase in height. So basically the planning report recommends approval of this application subject to conditions. It was also mentioned about signage. Councillor Stockwell mentioned signage. We've also pulled out the old signage approval. There is a separate court approval for the signage, which is quite specific for the There are pylon signs and fascia signs, fascia signs, wall signs, wall signs. There are wall signs, pylon signs, and it's quite specific. So the applicant is aware that to change, they've probably maxed out, sorry, their existing signage, so they're-- They're like about 10 times more than what we'd normally give you. I haven't looked, I must say, I haven't looked in to see whether the existing signage is compliant with this court approval. Therefore, if they want to put any additional signage, they would-- there are two options for them. One is to self-divide the site off, and then it would have to comply with their bylaw, or they'd have to go back and change this existing court order and vary that.
Patrick Murphy 08:35.675
And there is an existing subdivision that's been approved for the site, so it's a matter that are then going through that plan sealing process doing that, that's the operative operation. because we're assessing this development against standards that exist now, not as they did when the last one went through, it's part of one site as currently sits, we appear to be On that same
Brian Stockwell 08:58.630
And to give you a background, when we reviewed the sign laws, one of the things we tried to stop was businesses using their whole of the building as a sign by using corporate logos and colours, which appears Which appears to be what is a continuation of here and so the the court approved is because of the no doubt the reason we changed from the planning scheme using the sign laws because it was a performance criteria rather than what we actually set to achieve it is significantly oversized etc etc in my opinion so to me opinion, so to me, I wonder why we're going down a path of approving an aesthetic that is over height and is inconsistent in terms of colours to allow a business to, once again, do what the signing policy, signing law tries to avoid.
Didine 09:52.058
The applicant, the plans indicate that the signage is not proposed as part of this application on this building. The colour scheme, yes, that is. But the colour scheme is So it's a white and a green. We could condition it that it's to be no corporate colours are to be used.
Brian Stockwell 10:09.449
Well, it's not so much necessarily no corporate colours. It's not as bad colours, which are yellow and pink and stuff. But, you know, I've noticed that the acceptable outcome says no white. And so we're sort of going, and I can see the logic in the high, but we just appeared to be not necessarily trying to get the best outcome. That's my gut feeling, is that the best outcome from this side is to make the whole of the frontage of this lot look like we would like to see. see businesses in Noosa and that's not making very large standout signage that is, you know, you don't need two metre sign saying when you're open.
Didine 10:50.510
They're not composing.
Brian Stockwell 10:51.930
No, no, but that's existing. They've got I've got a 7am, open 7am huge sign. Part of what we have to do, in my opinion, we're assessing the site, and as you say, one of the levers will be, okay, well your site's got more than what you currently can have, so you can't have any signs on your trade centre, but I just wonder whether there's something we can do as part of this development application to really try and get them to lift the game. terms of the aesthetic to the street.
Didine 11:18.550
So you're talking about the existing?
Brian Stockwell 11:20.470
I'm talking about the development site.
Didine 11:22.370
The development site. As I said, they've indicated that and that the signage for this new building is not part of it. We can easily condition change the colour. I did, when we were looking at this to make it trade related. We were trying to, really trying to make sure it was differentiated to the existing Bunnings. So most of their existing trades are actually, their trade sites are actually, they're all in this white and green colour. That's their main colour.
Brian Stockwell 11:53.973
Yeah, I know. It is a, you know, commercial enterprises will want the corporate colours spread over their buildings. Noosa, we don't.
Patrick Murphy 12:11.933
Well, it's hard.
Brian Stockwell 12:16.826
Is an industrial building. You've mentioned that you're looking at some articulation in the front by awnings and things like that. It's hard. Like that figure six you had, the top. The top one is the old, it was an old plan. Okay. And the bottom one is where you've negotiated a bit of change. That was what they initially applied, but that was the only one that had the three buildings in the elevation. Whereas, and then, sorry, yes, I should have explained. And the biggest, Figure six is the... Is the final plan, the street elevation. And looking at the 12 metres, it would appear that to be compliant, they'd be coming somewhere through the middle of the windows there to get the 10 metres. Yes. So it's a substantial, substantial relaxation. And I can see I can see why it's justified, but for that relaxation I thought we could have pushed a bit harder on aesthetic.
Didine 13:26.098
If you go and have a look at, if you go back a couple... I think
Patrick Murphy 13:32.758
34, Is that a page?
Didine 13:34.498
It should be.
Brian Stockwell 13:35.198
I don't think, we don't have pages on figure?
Didine 13:37.806
It should be figure three. And then it goes, actually, figure four. Yeah, figure four. Yeah, figure four. Yeah, and the one before that one. Yeah, the one before, so there's the typical long section. section, longitudinal section. And you can see the undercroft, you can see the slope of the site and the frontage, the height. Yeah, I can understand the reason for it, but it's also the highest elevation is the plainest. It's the most stark, and it is a lot closer to the road, even though it's more set back more than the minimum six, it's a lot closer to the road than the existing building, which-- The existing fundings is set back, yeah, substantially, totally agree, yeah.
Brian Stockwell 14:31.420
That's my thinking, anyway. Has anyone requested this one go to general?
SPEAKER_06 14:36.820
No. No. Other others ask questions if they have any?
Tom Wegener 14:47.518
So from the street it will be pretty simple it'll be it'll be substantial from the street size you were looking at the first story which is the car park and then it's been above that two stories about that. That's correct, yes. Yes.
Didine 15:07.216
So there'll be the car parking level and one above. Yes. One above. One above, sorry. Yeah, one above. It's only two stories.
Tom Wegener 15:13.956
So the 12 metre starts at the car park level? Yes.
Didine 15:16.776
At the ground floor level, yes.
SPEAKER_06 15:19.716
So I think the internal dimensions of the warehouse floor is about... about six for the upper level. It's about six. It's about six on the upper level. And then it does go up. They put a pitch roof on. They don't have to put a pitch roof on, but it's part of our trying to get it to make it a little bit more attractive. They did put a pitch roof on. It's only three degree, but they did put a pitch roof on.
Didine 15:52.896
So we have discussed it with them at length. It was brought up in the information request. And again, it was really the impact of rejoining the industrial building.
Patrick Murphy 16:08.447
So when you look at it from Australia, the building to the left has got quite a large retaining wall that is on the... street frontage. Might be two, two and a half metres, maybe in height. And then there's a building, you know, above that. And what faces that street is roller doors. So aesthetically, it's quite ugly. think this building is certainly an improvement on what is presented on the making property. And there's also an opportunity to provide some landscaping in front of this building that doesn't occur on that particular building.
Brian Stockwell 16:41.637
So, if we look at figure seven, can we bring up figure seven?
Brian Stockwell 16:48.242
We bring up figure seven? Yes. Because there's obviously good opportunity to screen it. Yes. Is there any intent to retain any of the existing vegetation? Is that vegetation all on their property or is it some on the road reserve? Some's on the road reserve, but then you put the footpath, the required footpath into your driveway. Have they got a... plan that shows where the centre of each tree is? have they got a- No. So I'm going to move it to general and I'd ask for that information to be provided at general. No, I'll leave it to general, yeah. If I could just have, either before or at the meeting, a plan that actually marks where all the vegetation is and compared to...
Didine 17:37.517
Are we across the frontage?
Brian Stockwell 17:39.397
Across the frontage, but it's on their property and on the footpath. just for further information.
Tom Wegener 17:58.780
Before we move that, we should ask Councillor Lorentson, do you have any questions?
Amelia Lorentson 18:04.700
Just in terms of the impact assessment, the traffic impact assessment is undertaken by and no issues there in terms of potential traffic flows given the location in an industrial precinct.
Didine 18:26.548
How long out of traffic consults have you external been traffic consultant also reviewed that traffic report. He initially was concerned about the cross coming through and crossing and in terms of their assessment, no it all works. But even coming out in terms of the peak times, they're anticipating that the trades will have an earlier peak than the Bunnings Warehouse peak, so they should be out of It does work.
Tom Wegener 19:08.237
And Councillor Finzel, sorry I didn't see you. Any questions?
Karen Finzel 19:14.657
Yes, thank you Mr Chair. Through the Chair, I just have a question with regarding the height. If they were to remove the pitch, does that, how significant is the height reduction?
Didine 19:28.677
It's not significant Karen, maybe half a metre.
Tom Wegener 19:37.240
Well, anything else? Councillor Stockwell has moved, I'll second. To move this to the general? All in favour?
Brian Stockwell 19:53.140
If there's a large body of work to locate those trees, the easiest thing would be for me to go and walk it. So just let me know if there's nothing on file and I'll go and measure them up.
Didine 20:02.920
Yeah, I don't remember seeing anything. So you still want me to...
Brian Stockwell 20:07.580
Well, if you've got the information, but if not, I'll... I'll do a foot in campus traffic now.
Tom Wegener 20:17.820
Okay, Nadine, CEO General. Thank you very much. Thank you, Patrick. Actually, I won't CEO General. I will not be CEO General.
SPEAKER_06 20:29.960
So let's go to 5.1, zero emissions Noosa, Zen Incorporated, grant funding agreement. agreement. And we have the great Annie Nolan.
Annie Nolan 20:43.440
Annie Nolan: Good morning. Yes, it's a pleasure to meet you. Here's the lecture.
Brian Stockwell 20:52.740
No, she'd be here earlier. Annie Nolan:
Annie Nolan 20:54.940
I wish I could have just plugged it in and charged it from home. Unless it was taken away. So, councillors, before you this morning is the report about the funding for the partnership with Zero Emissions Noosa (ZEN) Inc, referred to as ZEN. And it's basically a request that you authorise to enter into the partnership and make any changes. And just wanted to note also that there was a funding approved in the 23/24 budget for this, in fact. Yeah, funding allowance for ZEN to actually really put on board a co-ordinator so that they can really work through their projects and really focus on what they do best, which is really to help Noosa get to net zero emissions. I think you're all very well aware of the incredible work that ZEN does over a They do it on very much a science-based process of determining their projects, and they also have been very diligent in, one, getting their deductible gift status as well, and they also look for funding in other mediums other than council funding as well. So what this funding will enable them to do is to actually put on a coordinator that will assist them in all them in all the work that's done behind the scenes, particularly in grant funding, in actually allocating and administering all the projects that they do, right across the plethora of things that they do. particularly around stationary energy, which is around electricity consumption reductions. And as you know, ZEN Inc has been very, very pivotal in helping Council to get the grant funding for the community battery as well. They provide a lot of education through their website, through their newsletters. They're very, very focused in getting their message out via Noosa Today and by having this funding for a coordinator, this will really help them to promote that even wider and even broader. So that's pretty much what you've got in front of you and the draft the draft agreement that has been drafted, which actually goes through the requirements of ZEN Inc in terms of their administration requirements, in terms of their reporting requirements. They are required to put together an annual operational plan, which they do anyway. That actually outlines all the projects, the reasoning behind those projects, and the return on investment for those projects as well. So that's what the report is about.
Tom Wegener 24:07.332
My first gestalt is I'm so happy that they're going to hire somebody because that person that takes that job will have such a qualification. There's such a broad amount of learning in this new field that's emerging and so hopefully they'll stick around and help us further. But just having that sort of education and in that position creates the knowledge in
Brian Stockwell 24:42.137
You mentioned the word coordinator a few times, which I think is the core of what makes groups like this go to the next level. And I'm just checking through the actual wording of the agreement how that's reflected because you also mentioned administration and the time we were looking at this in the budget we said is it better to have this person focused on a little bit of administration, a little bit of coordination, or is it better to actually focus it more on the coordination of programs. dreams. Is that the... was that negotiated through or is there scope within the agreement that each year if we happen to get for example a single coordinator or a single admin person working across a number of community groups that this agreement can be flexible enough to cater for that.
Annie Nolan 25:27.799
Yeah absolutely. It is a three year agreement but it is subject to budget requirements every year and of course that's always open to negotiation as well.
Tom Wegener 25:40.360
Would this be an employee or a contractor, do you feel? Or is that important? That would be the same thing to determine what the most appropriate employment arrangements are. Councillor Finzel, do you have any questions?
Karen Finzel 25:59.922
At this stage Mr Chair I don't have any questions. The report is very comprehensive. It lists the requirements of the agreement. I think it's pretty much covered. I guess I could just take this opportunity to really value the opportunity to acknowledge the work that ZEN does and the great contribution. We really value what they bring to the Shire and they work closely with Council to meet targets and deliver outcomes. We're just grateful that ZEN Inc has put forward this application and they're prepared to look at and agree with us to continue working for us into the future.
Brian Stockwell 26:43.155
This one was requested to go to general 2 by councillor for a reason.
Tom Wegener 26:47.675
I'll get Councillor Lorentson in here please.
SPEAKER_06 26:50.515
Hi Annie.
Amelia Lorentson 26:50.749
Don't know whether this is something that should be caught in the agreement but a conflict of interest course where there's a requirement of the disclosure if there's any action. action received or potential conflict of interest. So I note that 12.3 references relationships of parties but it doesn't actually articulate conflict of interest. So just something I'll
Annie Nolan 27:21.763
Thank you for that. In the recommendations it does actually say that we can actually tweak some of those things to actually make those changes. I'm going to do this out of the way so you can see some of the quality of the object. It's very similar to the NBRF. We looked at that as a model and updated that because that's a few years old now and made it much more relevant to the partnership that we actually have with ZEN. So it has actually been through those system groups.
Tom Wegener 28:18.920
Well, we've been asked to move it, so... Due to the significance of the issue? Yes, I'll move it to the General Committee. I'd like to
Karen Finzel 28:26.720
Just... I'm happy to second that.
Tom Wegener 28:28.560
Okay, before we vote, I just would like to speak to the motion. And once again, the... gift of Zero Emissions Noosa to the Noosa community and even to the world community is substantial in how incredibly successful they've been and so influential. and the professionalism that they have is worth something to study, I think. I would suspect that all organizations who want to change the world, Zen Inc. would be a very good one to study right from the get-go to see how they did it, how their methods they did it, how their methods are, what they did, because it is phenomenal. And of course you have Ann Kennedy and Vivian Gryffindor, two monoliths in our community. So thank you for the incredible work, Annie. And anybody else like to speak to the motion? Okay, put it to the vote. All in favour? Yes. Karen, we can see Karen. Yes. Yep, there we go. We have three reports that are confidential the appeals okay so we they're not I mean if we wish to discuss them Okay, Patrick at the table 5.3 Planning and Environment Court Appeal D130 of 2023 application to reconfigure a lot into one into two lots at 39 to 41 Picture Point Crescent Noosa Heads.
Patrick Murphy 30:14.632
Recent decision to refuse the application where it was considered that the lot format wasn't consistent with the character of the area or the intended development that the scheme seeks to appear on the site. Recently this has been a bill and as per the report it's recommended that it's served with council to defend the area.
Tom Wegener 30:39.760
I'm happy to move that way. I'll second it. Councillor Finzel, would you like to speak to the report?
Karen Finzel 30:56.545
I don't have anything to say regarding the appeal. I'm just wondering, the report has also noted that there's
Brian Stockwell 31:09.930
They can't tell us really advice one way or the other how this will go. I'm just wondering about estimated costs, what this is going to cost us to go to court. Do we have any idea? We don't have prospects at this stage. It's quite premature for that to occur. And then in terms of court costs, it's also difficult to assess at this point without knowing what's going to, I suppose, how this will play out and the kind of experts that are required required to be involved in the amount of time that would be required for it to be heard in court. And we'll have our regular case management bookings to discuss and update around prospects and various issues as that progresses.
Tom Wegener 31:55.897
Okay. Thank you. Councillor Lorentson.
SPEAKER_06 31:58.757
The cost of the banking bill is my question, so thank you.
Tom Wegener 32:04.377
Okay, so the recommendations have been moved.
SPEAKER_06 32:09.197
I seconded it.
Tom Wegener 32:11.137
So all in favour? Yes. Unanimous? Yes. Thank you. We We have report 5.4, Planning and Environment Court Appeal D153 of 2023. Application for material change of use, relocatable home park, community and affordable housing, 32 dwellings at 55 and 70 Carpenters Road, Cooroy. And we have Patrick and Again, a recent decision by Council to refuse the application for the relocatable home park, again, on a range of issues around the character of the area.
Patrick Murphy 32:50.921
Whilst we did acknowledge the merits of the potential use, but the particular location of the site, some of the constraints of the site was considered that this was not suitable. Again, we consider that it's in the order of the Councillor to defend the appeal. Again, quite early in the process to be able to determine the costs and the amount of time that would be required for this point in court.
Tom Wegener 33:16.118
Thank you, Patrick. Any questions? And Councillor Finzel, No, Mr Chair, no questions. Happy to move as recommended. Okay, before we vote, Councillor Lorentson, any questions? No, thank you. Okay. Is it still moved? And it's so moved, All in favour? Councillor Finzel? Yes. Okay. Thank you very much. We're off to 5.5. Planning and Environment Court Appeal D133 of 2013, application for building works for a dwelling house at 60 Seaview Terrace, Sunshine Beach. Beach. Again, Patrick. So this was, as you say, for a dwelling at 60 Seaview Terrace, Sunshine Beach. That was refused due to our concerns with the building's height, site cover, setbacks and overlooking associated with the rooftop terrace. Questions? Councillor Finzel any questions?
Karen Finzel 34:18.818
No questions from me at this stage, thank you Mr Chair.
Tom Wegener 34:31.400
There's a recommendation. I'll second. Seconded by. May I have a quote? May I have a quote? Okay, I guess we're ready. Okay, all in favour? Yes. Yes. It's unanimous. Okay, we have 6.1 planning applications decided by delegated authority August 2023. And we have, before we have, before we ask Patrick, we go through the conflicts of interest. Okay.
Clare Stewart 35:12.954
You, Councillor Wegener. Thank you, Councillor. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to number 28OPW23/0077 in the list of applications in the report, as I have a close personal or friendship with Jane Margaret Blake. As a result of my conflict of interest, I'll now leave the meeting room. and what that is considered and how you don't.
Tom Wegener 35:41.320
Okay, any other conflicts of interest? Mr Chair Patrick we walk through each and every one of them.
Patrick Murphy 35:57.290
As you're aware this is the monthly report which provides a summation of those decisions that were made under delegation by officers. by officers. What we've done in the report is just added in the table this month which will continue to be going forward just to give a little bit of perspective as to the types of applications that have been decided and we've also broken it down into those that have been determined under delegation and those that were determined by council and what this shows is that of the applications that were decided in August, 97 of those were approved, all of those being under delegation and that there was one application that was refused which was a matter that was refused by council which from memory was the application for the relocatable home type 5570 Carleton, Detroit. And again that the report shows that the sort of the broad spectrum of applications that the office has assessed ranging from change applications, material change abuse applications, issuing exemption certificates and operational works as well.
Tom Wegener 37:00.686
Well, thank you. I love the new improvements here, the chart. It's fantastic. Any questions? Questions, Councillor Finzel? I have one out of interest.
Brian Stockwell 37:22.658
I'll just grab it back up. One of the delegated authorities was about a secondary dwelling within a riparian corridor. And in those sort of cases, you don't have to know that specific one. Do we tend to be a little bit flexible in that, like I'm presumably coming up against the 100 metre buffer and
Tom Wegener 38:13.790
Works accessible against planning scheme code for 134 Farrells Road, Cooroy. That's not the new site there, the Woolley site, is it? No. That's just a private?
Patrick Murphy 38:23.770
That's correct. Okay, good.
Tom Wegener 38:27.990
Any other questions? Councillor Lorentson, any questions? And then the extension to the Sunshine Shops, number 25. Did we talk about that? Yeah, we've talked about that. This is the old butcher shop, isn't it?
Patrick Murphy 38:55.330
That's right, it was an extension to the butcher shop. It was going into the runway, essentially, this went into Tennessee. Yeah, okay.
Tom Wegener 39:04.510
Very good. Okay, should we put it to a vote? Actually, we need to move it first.
Brian Stockwell 39:09.449
I think Councillor Finzel should move it just to have...
Karen Finzel 39:12.569
I'm happy to move the recommendation.
Tom Wegener 39:16.929
I'll second it. Anybody to speak to the motion? All in favour?
Karen Finzel 39:22.909
No, thank you. Yes, in favour.
Tom Wegener 39:26.469
Well, that's it. Well, that's it, Tia. Thank you very much. Oh, should she close it? She'll be back in when she closes? Should I be back in? Okay. There's no, yeah, there's no confidential motions, there's no, um, what else did we mention? So we'll close the meeting, then the mayor comes back into the room. We note that Mayor Stewart has re-entered the room. We'd like to close the meeting at 10:14, 10:11. Thank you very much all for coming today.
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