Due to council's efforts to hide their meetings from the public, the video for the meeting was not made available. We have instead provided the audio of the meeting and the full transcript below.
Key Decisions & Discussions • Clare Stewart: Chaired in absence of Cr Wegener; Council approved remote attendance for Karen Finzel under s254K LGR 2012 (00:51–02:00) (Item 1). • Clare Stewart: Referred RACV Resort eco-cabins MCU22/0118 to General Committee due to significance; staff recommendation flagged for refusal for conflict with urban boundary and environmental zone (03:16–10:02) (Item 5.1). • SARA Norley: Noted RACV proposal removes 71–82 native trees including ~27 koala food trees; entire site koala habitat; development extends into Environmental Management & Conservation Zone contrary to Noosa Plan 2020 (03:59–05:58) (Item 5.1). • Patrick Murphy: Advised State (SARA) issued approval with site-wide covenant and signage; Council lacks detail on construction/ongoing management to protect covenant areas (06:13–07:01) (Item 5.1). • Clare Stewart: Referred roadside stall/cafe change (201 Mary River Rd) to General due to significance; officers recommend refuse cafe, maintain roadside stall building only (10:40–19:37) (Item 5.2). • SARA Norley: Explained cafe operated outside permit, generated amenity and safety complaints; parking o
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Key Decisions & Discussions • Clare Stewart: Chaired in absence of Cr Wegener; Council approved remote attendance for Karen Finzel under s254K LGR 2012 (00:51–02:00) (Item 1). • Clare Stewart: Referred RACV Resort eco-cabins MCU22/0118 to General Committee due to significance; staff recommendation flagged for refusal for conflict with urban boundary and environmental zone (03:16–10:02) (Item 5.1). • SARA Norley: Noted RACV proposal removes 71–82 native trees including ~27 koala food trees; entire site koala habitat; development extends into Environmental Management & Conservation Zone contrary to Noosa Plan 2020 (03:59–05:58) (Item 5.1). • Patrick Murphy: Advised State (SARA) issued approval with site-wide covenant and signage; Council lacks detail on construction/ongoing management to protect covenant areas (06:13–07:01) (Item 5.1). • Clare Stewart: Referred roadside stall/cafe change (201 Mary River Rd) to General due to significance; officers recommend refuse cafe, maintain roadside stall building only (10:40–19:37) (Item 5.2). • SARA Norley: Explained cafe operated outside permit, generated amenity and safety complaints; parking overflow damages road reserve; lawful to park but reserve too narrow to formalise parking (10:58–16:36) (Item 5.2). • Patrick Murphy: Proposal inconsistent with Rural Zone and SEQ Regional Plan urban footprint; no overriding community benefit; precedent risk for urban uses in rural areas (16:41–17:37) (Item 5.2). • Council: Refused minor change for STA at 515 Cooroy Noosa Rd; application deemed substantially different development (increase to 6 bedrooms/16 persons) with noise/parking impacts (20:07–22:13) (Item 5.3). • Council: Referred Noosa Springs hotel/resort MCU21/0110 to General due to no quorum from proposed COIs (22:41–22:57) (Item 5.4). • Council: Resolved to continue P&E Court enforcement against owners at 1/5 and 3/5 Attunga Heights over unlawful GFA/enclosures and works on common property (23:47–26:34) (Items 5.5–5.6). • Council: Noted delegated decisions for September 2023 (26:53) (Item 6.1). Contentious / Transparency Matters • Brian Stockwell: Queried inter-departmental divergence within State (Environment vs Tourism) underpinning SARA approval for RACV; officers to seek clarity though advice may be withheld (06:00–09:49) (Item 5.1). • Officers: Noted SARA imposed no vegetation offset for RACV despite koala-tree removals; Council to request rationale and offset considerations (07:01–08:33) (Item 5.1). • Clare Stewart: Applicant deputations on RACV and Noosa Springs were withdrawn, limiting public on-record submissions (minutes list; transcript notes) (Section 4.1–4.2). • Officers: Roadside cafe generated multiple complaints; on-street parking lawful yet damaging road reserve, creating amenity/safety tensions for neighbours (10:58–19:17) (Item 5.2). • Clare Stewart: Managed COI-driven no-quorum by immediate referral of Noosa Springs item, avoiding debate without full panel (22:41–22:57) (Item 5.4). Legal / Risk • Council Position: RACV refusal grounded in Noosa Plan 2020: development outside urban boundary in Environmental Management & Conservation Zone; whole site koala habitat; risk of inconsistent precedent if approved (03:59–05:58) (Item 5.1). • State vs Local: SARA’s covenant/signage conditions may not mitigate habitat loss; absence of offsets raises vulnerability to challenge; Council to seek SARA’s decision basis (06:13–08:33) (Item 5.1). • DA Rules/Planning Act: STA “minor change” refusal relies on DA Rules substantial difference test; minutes cite conflicts with Rural Zone Code and Visitor Accommodation Code; s63(5) Planning Act notice recorded (20:07–22:13) (Item 5.3). • SEQ Regional Plan: Roadside cafe refusal aligns with consolidating urban activities in centres/urban footprint; parking non-compliance and amenity impacts bolster defensibility on appeal (10:58–17:37) (Item 5.2). • P&E Court: Attunga Heights appeals: Council continuing enforcement for unlawful works including GFA increases and encroachments on common property; owners lacked body corporate owner’s consent for remedy applications, narrowing resolution pathways (23:47–25:59) (Items 5.5–5.6). Environmental Concerns (Koalas / Vegetation) • Will Lowe: SARA to hold conservation covenant over entire RACV site outside building/boardwalk footprints; includes koala-safety signage obligations (06:35–06:47) (Item 5.1). • Officers: Construction/environmental management methodology for RACV unclear; risk of covenant breaches during works and operations without robust plans (06:47–07:01) (Item 5.1). • Brian Stockwell: Sought verification whether State “no-net-loss” logic or re-vegetation claims justified no offset; outcome may influence Council’s advocacy (07:01–08:33) (Item 5.1). Short Term Accommodation / STA • Officers: Tinbeerwah STA expansion to 16 persons/6 bedrooms found incompatible with rural amenity; intensifies noise/traffic, not “small scale” per Rural Zone Code (20:07–21:36) (Item 5.3). • Council: Unanimous refusal strengthens enforcement posture on STA intensity creep in rural areas and supports consistent application of Visitor Accommodation Code (21:36–22:13) (Item 5.3). Planning Scheme / Zoning Consistency • Officers: Both RACV and Mary River Rd proposals conflict with Noosa Plan 2020’s urban boundary and zone intents; SEQ Regional Plan used as reinforcing instrument for refusal (03:59–05:58; 10:58–17:37) (Items 5.1–5.2). • Council: Maintained allowance for genuine rural roadside stalls (limited local produce) while rejecting urban-type food and drink outlet in rural zone (16:41–17:37) (Item 5.2). Conflicts of Interest • Amelia Lorentson: Left room for Items 5.1 and 5.3 per minutes; returned after each (03:22; 19:59) (Items 5.1, 5.3). • Clare Stewart: Declared that she was “out of the room” for Noosa Springs item; proposed COIs meant no quorum; matter referred without debate (22:41–22:57) (Item 5.4). Community Amenity & Traffic/Parking • Officers: Mary River Rd cafe caused parking overflow on narrow verge; while lawful outside built-up area, damage and neighbour impacts substantiate refusal (10:58–19:17) (Item 5.2). • Officers: Tinbeerwah STA intensification risks up to 16 vehicles, exacerbating rural traffic/noise; rejection protects local amenity (20:07–21:36) (Item 5.3).
Official Meeting MinutesRead minutes ↗
MINUTES
Planning & Environment Committee Meeting
Tuesday, 7 November 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 7 NOVEMBER 2023
1. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS Cr Clare Stewart (Acting Chair) Cr Karen Finzel Cr Brian Stockwell
NON COMMITTEE MEMBERS Cr Amelia Lorentson
EXECUTIVE Acting Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Infrastructure Shaun Walsh
APOLOGIES Cr Tom Wegener
Committee Resolution Moved: Cr Clare Stewart Seconded: Cr Brian Stockwell That in accordance with Section 254K of the Local Government Regulation, Cr Finzel is approved to attend the Meeting dated 7 November 2023 via Microsoft Teams. Carried unanimously.
Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel That Cr Stewart be appointed as Acting Chairperson of the meeting due to Cr Wegener's absence. Carried unanimously.
2. CONFIRMATION OF MINUTES
2.1. PLANNING & ENVIRONMENT COMMITTEE MINUTES DATED 12 SEPTEMBER 2023
Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Karen Finzel The Minutes of the Planning & Environment Committee Meetings held on 12 September 2023 and 10 October 2023 be received and confirmed. Carried unanimously.
2.2. PLANNING & ENVIRONMENT COMMITTEE MINUTES DATED 10 OCTOBER 2023
4.1. DARREN MCCLENAGHAN - RACV RESORT, SHANE ADAMDSON & JUSTIN WATSON TOPIC - DEVELOPMENT APPLICATION MCU22/0118 FOR 15 ECO-CABINS
Withdrawn by the Applicant.
4.2. KIM PETROVIC TOPIC - PROPOSED HOTEL DEVELOPMENT AT NOOSA SPRINGS MCU 21/0110
Withdrawn by the Applicant.
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
5.1. MCU22/0118 – DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE – SHORT-TERM ACCOMMODATION AT 94 & 142 NOOSA DR, NOOSA HEADS
Cr Lorentson left the meeting.
Committee Recommendation Moved: Cr Clare Stewart Seconded: Cr Brian Stockwell That Planning & Environment Committee Agenda Item 5.1 be referred to the General Committee due to the significance of the issue. Carried unanimously.
Cr Lorentson returned to the meeting. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That Planning & Environment Committee Agenda Item 5.2 be referred to the General Committee due to the significance of the issue. Carried unanimously.
5.3. MCU22/0209.01 - MINOR CHANGE TO A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR SHORT TERM ACCOMMODATION AT 515 COOROY NOOSA ROAD, TINBEERWAH
Cr Lorentson left the meeting.
Committee Recommendation Moved: Cr Clare Stewart Seconded: Cr Brian Stockwell That Council note the report by the Senior Development Planner to the Planning and Environment Meeting dated 7 November 2023 regarding Application No. MCU22/0209.01 to make a minor change to an existing approval for a Development Permit for a Material Change of Use – Short-Term Accommodation situated at 515 Cooroy Noosa Rd, Tinbeerwah and: A. Refuse the minor change application for the following reasons: 1. The proposed change does not constitute a minor change to the development approval as the increase in the number of people on site constitutes ‘substantially different development’, as the change will increase the severity of known impacts, including noise and carparking. 2. The proposed development is inconsistent with the Overall Outcomes (2)(i) and (j) and PO4 of the Rural Zone Code as accommodating 16 people and up to 16 vehicles on site is not considered ‘small scale’ in the context of the subject site, locality and surrounding development and will likely impact on the rural amenity and character of the area. 3. The proposed development is inconsistent with Overall Outcome (2)(f) and PO25 of the Visitor Accommodation Code as the use of the premises to accommodate 16 persons will unreasonably impact on the residential amenity of the surrounding area due to the likely increase in noise to adjoining properties and the scale of the use being incompatible with the character and uses within the surrounding area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. Carried unanimously. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
5.4. FURTHER REPORT - MCU21/0110 - APPLICATION FOR MATERIAL CHANGE OF USE - BAR, FOOD AND DRINK OUTLET, OUTDOOR SPORT AND RECREATION, RESORT COMPLEX AT 61 NOOSA SPRINGS DRIVE, NOOSA HEADS.
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart That Planning & Environment Committee Agenda Item 5.4 be referred to the General Committee as there is no quorum due to proposed conflict of interest declarations. Carried unanimously.
Cr Lorentson returned to the meeting.
5.5. PLANNING & ENVIRONMENT COURT APPEAL NO. D154 OF 2023 - ENFORCEMENT NOTICE ISSUED TO 1/5 ATTUNGA HEIGHTS, NOOSA HEADS.
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D154 of 2023 and agree to continue enforcement against Eugeniy Raiter and Catherine Dentsas to address the current breaches of The Noosa Plan. Carried unanimously.
5.6. PLANNING ENVIRONMENT COURT APPEAL NO D155 OF 2023 ENFORCEMENT NOTICE ISSUED TO 3/5 ATTUNGA HEIGHTS
Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Clare Stewart
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding Planning & Environment Court Appeal No. D155 of 2023 and agree to continue enforcement against Angela Dentsas and Vasilios Dentsas to address the current breaches of The Noosa Plan. Carried unanimously. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 7 NOVEMBER 2023
6. REPORTS FOR NOTING BY THE COMMITTEE
6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY SEPTEMBER 2023
Committee Recommendation Moved: Cr Clare Stewart Seconded: Cr Brian Stockwell That Council note the report by the Manager, Development Assessment to the Planning & Environment Committee Meeting dated 7 November 2023 regarding planning applications that have been decided by delegated authority. Carried unanimously.
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