Planning & Environment Committee Meeting

Key Decisions & Discussions
• Tom Wegener: RAL23/0015 (11 Billabong Way, Tewantin) to split 1 lot into 2 with access easement was referred to General Committee due to significance (Item 5.1) (03:54).
• Georgina Schramm: Recommended approval with conditions despite non-compliance with Reconfiguring a Lot Code PO4 re “no additional lots with access off Griffith Ave,” citing lot size anomaly (7,000m² into 5,000m² and 2,000m²; area minimum 600m²) and minimal streetscape change (01:10) (Item 5.1).
• Georgina Schramm: Bushfire hazard addressed via conditioned building envelopes ensuring separation from hazardous vegetation along the eastern boundary and adjoining park (01:10) (Item 5.1).
• Tom Wegener: Netanya, 71 Hastings St – minor change across seven approvals: roof-form changes to SE corner, retrospective pergola roofs; raised aesthetic concerns about heavy concrete columns and bulk versus existing lighter form (08:02–10:40) (Item 5.2).
• Patrick Murphy: One existing car space unusable due to a pole; to be offset via an infrastructure agreement contribution; condition refined so new, not existing, car parks must meet current Australian Standards (05:49) (Item 5.2).
• Officers: Awnings proposed along Park Rd intrude into setback, undermining “meaningful landscaping” incl. street trees; a condition will require amended plans to deliver a 2m setback (05:49, 11:52–13:10) (Item 5.2).
• Amelia Lorentson: Queried whether amended plans return to Council; officers said typically assessed by officers but can be circulated for councillor advice upon request (14:33–15:40) (Item 5.2).
• Tom Wegener: Sought to link beachside maintenance/encroachment history to current application; CEO clarified beachside issues are separate to the application before the committee (16:26–16:31) (Item 5.2).
• Officers: Confirmed historic footpath dining permits/lease on Hastings St frontage; 2020 compliance review led to removals of off-site structures and amended Sales Restaurant agreement and fees (18:22–20:09) (Item 5.2).
• Brian Stockwell: Sought “Noosa-appropriate” design wording to avoid bulky/urban appearance; officers open to strengthening condition language (22:00–22:35) (Item 5.2).
• Council: Netanya item referred to General Committee for further consideration (Item 5.2) (22:35).
• Committee: Noted December 2023 delegated decisions report (Item 6.1) (26:07).
• Tom Wegener: Queried Munna Crescent car park/boat ramp works; officer advised the cited application is dredging; further details to be provided (25:16) (Item 6.1).
Contentious / Transparency Matters
• Tom Wegener: Expressed concern about private use of public land via expanded awnings potentially pushing trading into public realm; officers’ 2m setback condition aims to protect landscaping/streetscape capacity (10:40–11:52) (Item 5.2).
• Clare Stewart: Rebutted attempts to fold beachside maintenance into Netanya application scope to keep deliberations on the agenda item (17:43–18:07) (Item 5.2).
• Officers: Clarified council, not Netanya, is responsible for beachside maintenance at the location raised; historic outdoor dining encroachments are regulated by permits and fees (20:21–20:36, 18:22–20:09) (Item 5.2).
• Process: Amended-plan assessment ordinarily handled by officers; option to circulate to councillors noted, addressing transparency concerns (15:01–15:40) (Item 5.2).
• Committee: Elevating both key items to General Committee increases scrutiny and allows refined conditions/oversight (Items 5.1, 5.2).
Legal / Risk
• Item 5.1: Approval recommendation despite PO4 non-compliance hinges on performance-based planning under the Planning Act, with justification on character/lot size and conditioned bushfire mitigation envelopes (01:10).
• Item 5.1: Bushfire risk managed via separation from hazardous vegetation; conditions critical to defensibility if appealed on natural hazards grounds.
• Item 5.2: Setback non-compliance addressed by condition requiring 2m setback to achieve scheme landscaping outcomes; reduces risk of challenge on public realm/landscape policy inconsistency (11:52–13:10).
• Item 5.2: Car parking compliance risk mitigated by limiting AS2890 compliance to new parks and monetising one lost bay via infrastructure agreement, aligning with lawful conditioning principles (05:49).
• Delegations (6.1): Proper management of outdoor dining encroachments via permits/fees since 2020 review reduces unlawful-use risk (18:42–20:09).
Conflicts of Interest
• Brian Stockwell: Declared prescribed conflict (Chapter 5B, Local Government Act 2009) due to paid engagement with Suncoast Building Approvals, an applicant in items 14–16 of Dec 2023 delegations; exited before debate/vote (23:49–24:38) (Item 6.1).
• Committee: Vote proceeded unanimously noting Cr Stockwell’s absence, satisfying statutory COI handling (Item 6.1) (26:07).
Planning Scheme, Setbacks & Design Quality
• Design control: Officers affirmed council discretion on aesthetics guided by scheme’s subtropical design outcomes; councillors may move design-modifying conditions (08:42) (Item 5.2).
• Setbacks/landscape: The 2m Park Rd setback condition preserves street tree opportunities and softens bulk to maintain Noosa character (11:52–13:10) (Item 5.2).
• Character consistency: RAL23/0015 argued as consistent due to large lot sizes and minimal streetscape change despite access PO4 issue (01:10) (Item 5.1).
• “Noosify” intent: Councillors flagged guarding against heavy/urban forms; officers to consider enhanced wording to secure local character in revised plans (22:00–22:35) (Item 5.2).
Environmental Concerns
• Bushfire: Building envelopes conditioned to ensure adequate separation from hazardous vegetation to the east and adjoining park at Billabong Way (01:10) (Item 5.1).
• Urban greenery: Netanya awnings scaled back to protect space for street trees and meaningful landscaping per scheme, improving shade and microclimate (11:52–13:10) (Item 5.2).