Planning & Environment Committee - 12 November 2024
Date: Tuesday, 12 November 2024 at 9:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:41:58
Synopsis: Court Appeal Defence, Lawful Confidential Session For Legal Advice, STA Shift And Draft Weight Clarified, Code Assessment Limits On Sudoni St And Cabins, Environmental Overlay Emphasized.
Meeting Attendees
Committee Members
Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Executive Officers
Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy And Environment Kim Rawlings Director Infrastructure Services Shaun Walsh AI-Generated Meeting Insight
Key Decisions & Discussions Amelia Lorentson: Opened the Planning & Environment Committee meeting; confirmed no apologies; moved to close the meeting for legal advice on Appeal 2611/2024 (00:00; Item 5.1). Brian Stockwell: Noted the report concerns agreeing to respond to an appeal; sought to keep questions in closed session given live litigation (02:11; Item 5.1). Committee: Lawful closure to the public under Local Government Regulation 2012 s254J(3)(e) to discuss legal advice; later re-opened (Item 5.1). Committee: Resolved unanimously to defend Planning & Environment Court Appeal No. 2611 of 2024 re MCU23/0105 at 2 Bottlebrush Ave, Noosa Heads (multiple dwellings, food & drink outlet, office) (post-34:01; Item 5.1). Patrick Murphy: Tabled September 2024 delegated decisions: 41 approvals, 2 refusals; 2 matters determined by Council (34:37; Item 6.1). Tom Wegener: Queried Sudoni St development (14 units, 5 offices); confirmed code assessable and advanced via delegation with councillor notification (35:08; Item 6.1). Frank Wilkie: Queried STA at 486 Tablelands Rd, Cooran (two cabins); officers confirmed code assessable and compliant (35:34–36:12; Item 6.1). Richard MacGillivray: Clarified two new STA cabins with an existing residence on site; code-accessible pathway applied (35:53–36:12; Item 6.1). Amelia Lorentson: Sought clarity whether code assessment affects STA approvals under current and draft provisions (36:12; Item 6.1). Officers: Explained draft scheme amendments on STA now carry some weight for new lodgements post-public exhibition; greater weight increases as amendment process advances (36:27–41:25; Item 6.1). Committee: Noted the delegated decisions report; carried unanimously (41:29; Item 6.1). Amelia Lorentson: Closed the meeting (end; Minutes show 10:17 close). Contentious / Transparency Matters Committee: 32‑minute confidential session to receive legal advice on live court appeal; justified under s254J(3)(e), then promptly re-opened (00:00–34:01; Item 5.1). Brian Stockwell: Emphasized propriety of not debating merits in open session due to ongoing litigation, reducing prejudice risk (02:11; Item 5.1). Officers: Acknowledged Sudoni St’s significance yet proceeded via code assessment and delegation, noting councillor briefings were issued (35:08; Item 6.1). Committee: On STA cabins, discussion balanced transparency with statutory limits of code assessment pathways (35:34–36:56; Item 6.1). Amelia Lorentson: Sought policy clarity on STA amid community sensitivity; officers outlined staged weight to draft scheme (36:12–41:25; Item 6.1). Legal / Risk Appeal 2611/2024 (MCU23/0105): Unanimous decision to defend indicates Council confidence in its assessment; confidentiality safeguarded legal strategy (Item 5.1). Process integrity: Closure under s254J(3)(e) aligns with QLD local government law when discussing legal advice; re-opening and resolutions were transparent (Item 5.1). Draft scheme weight: Officers stated post-exhibition STA applications will attract increasing weight to draft provisions; pre-exhibition lodgements assessed under current scheme, mitigating retrospectivity risk (36:27–41:25; Item 6.1). Code assessment constraints: Sudoni St and STA cabins progressed under code pathways, limiting Council’s discretion to items of non-compliance; reduces exposure to appeal on discretionary grounds (35:08–36:56; Item 6.1). Environmental overlays: Informal references to riparian/biodiversity zones and siting near escarpments highlight need for precise overlay verification to avoid approval vulnerability (38:43–39:35; Item 6.1). Short-term Accommodation (STA) Policy Shift Richard MacGillivray: Confirmed strategic intent to shift STAs toward “inconsistent” in rural areas under draft planning scheme; new applications post-exhibition to be tested against that intent (39:51–41:25; Item 6.1). Patrick Murphy: Noted for cabin-based STAs, little immediate shift under draft where not dwellings; focus is ensuring a permanent dwelling remains for long-term occupation in relevant zones (36:27–36:56; Item 6.1). Frank Wilkie: Confirmed the Cooran cabins are new, not converting former long-term dwellings, lessening displacement concerns (36:56–37:05; Item 6.1). Amelia Lorentson: Pressed on how code assessment intersects with STA reforms, eliciting clear officer guidance on weighting and timing (36:12–36:27; Item 6.1). Planning Scheme and Code Assessment Tom Wegener: Sudoni St’s 14 units/5 offices advanced as code assessable; officers provided prior councillor notice, reflecting internal oversight under delegation (35:08; Item 6.1). Officers: For STA cabins, code-accessible status implied site size thresholds met (indicatively over 4ha) and compliance with applicable codes (38:27–38:43; Item 6.1). Committee: Two refusals and two Council-determined matters in September indicate selective escalation from delegation when warranted (34:37; Item 6.1). New Development Applications and Site Context Brian Stockwell: Described Cooran STA site advantages for walkers/cyclists near Tablelands lookout/trails; characterized as rural tourist accommodation fit (37:15–37:54; Item 6.1). Officers/Councillors: Noted proximity to escarpment and need to remain clear of riparian/biodiversity constraints; some confusion over exact parcels flagged for follow-up (38:15–39:35; Item 6.1). Environmental Concerns Brian Stockwell: Recalled riparian/biodiversity overlay considerations near an escarpment; emphasized siting clear of sensitive areas (38:43–39:20; Item 6.1). Patrick Murphy: Cautioned that discussion may reference different properties; underscored necessity of accurate mapping for environmental constraints (39:09–39:16; Item 6.1).
Official Meeting Minutes
MINUTES Planning & Environment Committee Meeting Tuesday, 12 November 2024 9:30 AM Council Chambers, 9 Pelican Street, Tewantin Committee: Crs Amelia Lorentson (Chair), Brian Stockwell, Frank Wilkie, Tom Wegener “Noosa Shire – different by nature” PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 NOVEMBER 2024 1. ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie NON-COMMITTEE MEMBERS Nil. EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray Director Strategy and Environment Kim Rawlings Acting Director Infrastructure Services Shaun Walsh APOLOGIES Nil. 2. CONFIRMATION OF MINUTES Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell The Minutes of the Planning & Environment Committee Meeting held on 8 October 2024 be received and confirmed. Carried unanimously. 3. PRESENTATIONS Nil. 4. DEPUTATIONS Nil. 5. REPORTS FOR CONSIDERATION OF THE COMMITTEE PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 12 NOVEMBER 2024 5.1. PLANNING & ENVIRONMENT COURT APPEAL NO 2611 OF 2024 - MCU23/0105 APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLING (6 SMALL DWELLINGS), FOOD AND DRINK OUTLET AND OFFICE AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS CLOSURE OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in the Planning & Environment Court for Item 5.1. Carried unanimously. RE-OPENING OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That the meeting be re-opened to the public. Carried unanimously. Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 12 November 2024 regarding Planning & Environment Court Appeal 2611 of 2024 and agree to defend the appeal. Carried unanimously. 6. REPORTS FOR NOTING BY THE COMMITTEE 6.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - SEPTEMBER 2024 Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting 12 November 2024 regarding applications that have been decided by delegated authority for September 2024 as per Attachment 1 to the Report. Carried unanimously. 7. CONFIDENTIAL SESSION Nil. 8. MEETING CLOSURE The meeting closed at 10.17am.
Meeting Transcript
Amelia Lorentson 00:00.000
I am here today to be planning an Environment Committee meeting 12 November 2024. I declare the meeting now open at 9:34. I would like to begin by an acknowledgement to Country. Noosa Council proudly acknowledges and respects Australia's First Nations people and their deep and abiding connection to this country. We recognise the Kabi Kabi people as the traditional owners of the lands and waters of the Noosa area. And we pay respect to Elders past, present and emerging and to their enduring commitment in pursuing a strong and healthy future for First Nations people. No apologies and I'd like to acknowledge Councillor Tom Wegener, Mayor Frank Wilkie, Deputy Mayor, Councillor Brian Stockwell, CEO Larry and at the desk we've got Director... Richard. Richard MacGillivray, Nadine and Patrick. Welcome. Confirmation of minutes. Can I at least have someone to move the second up? Thank you. No discussion. All in favour? Presentations and deputations, there are none. So we'll go to reports for consideration of the committee. Report 5.1, Planning and Environment Court Appeal 2611 of 2024. MCU23/0105, Application for a Material Change of Use for Multiple Dwellings, Six Small Dwellings, Food and Drink Outlet and Office I'd like to move that the meeting be closed for public pursuant to section 254 254J3E J3E and and the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in Planning & Environment Court for item 5.1. May I have a seconder please? Regulations Brian Stockwell 02:11.878
I will speak to it. The report is just about agreeing to respond to the appeal, which is a standard administrative process, but I do have questions. in regard to this application and it's appropriate that during as the appeal is now live, that we don't discuss that in open committee. Amelia Lorentson 34:01.180
Thank you. So I'd like a seconder for the motion in front of us. Have we already seconded? We haven't got a mover. Oh, okay. I'm happy to move it. Frank Wilkie 34:10.840
Thank you. I'm happy to second it. Amelia Lorentson 34:13.000
Great. Any further discussion? No? Put it all to a vote. All in favour? Thank you. And that's carried unanimously. Now I'm going to report this for voting by the committee. Now I'm going to report... Planning applications decided by delegated authority. And again, I'll hand it over to our planning officers. Patrick Murphy 34:37.226
So it's the monthly report that gets presented to councillors detailing those applications that are decided under delegation. This is for the month of September of 2024. You see quite a number of decisions that were made this month, 41 approvals that were issued under delegation and two refusals with two matters determined by council. Tom Wegener 35:08.998
Sudoni Street, so that's a big development with 14 units and five offices. Was that all just code-accessible? It was. You may recall we did send an email about that one, advising of the development, noting it was a significant development. It certainly was code-accessible. It was a good development. I shared some images of that one. Frank Wilkie 35:34.526
And then the other one, of course, is 486 Tablelands Road, Cooran, short-term accommodation, two cabins. Tom Wegener 35:43.066
So is that So is that, I'm sort of assuming there's a house with permanent residents there and there's two cabins. Richard MacGillivray 35:53.088
No, no it's two cabins. There is a, there is a residence at the top. But there are, I think there's, I'm not quite sure if that's fully authorised. But there are two cabins which are consistent, they're code aren't they? Yeah. Yeah, code accessible. So they complied with all requirements. Amelia Lorentson 36:12.498
So they complied code accessible. So does the coding principle at all impact on the approval processes for STAs? So we have amendments in place which... Patrick Murphy 36:27.878
We can start to... If an application was received now, we would be able to start giving... some weight to the amendments. In this instance, if it's cabins, it would still be under... I think with the new scheme, the thrust is really around the use of a dwelling. And that there'd be a dwelling remain on site... for permanent occupation. But in terms of cabins... I don't believe there's a significant shift there. Frank Wilkie 36:56.530
Were these long-term resident long-term resident homes before there were cabins or they've always been cabins? No, they're new. Richard MacGillivray 37:05.708
No, there's new. So there is a building on site and then there will be two new cabins. Gets you the building up? Yes, they'll be brand they'll be brand new cabins, yes. So I think Brian Stockwell 37:15.586
I know this one, I think I went into perspective before. It's up. Before the application was submitted. It's rightly so, it's been McKean Park. Yes, that's correct. There is a little cottage that has excellent views. Yes. But why it's a little This is actually a really good place if you're a walker or a bike rider to get to the top of the table and the rest of the night. proximity to the trail and all that sort of stuff. It isn't reusing an existing dwelling. They may in the future build a dwelling there for themselves as well as the cabins but it's just a good place to have a bit of rural tourist accommodation. Amelia Lorentson 37:54.324
They were also a family, they were building their residential home on the block from them, right? No, the little cabin down in the bush. Brian Stockwell 38:03.024
The little cabin down in the bush. The lorry is used after a road over the edge of a cliff. Yeah. quite stunning property. Yeah, right beside where you traditionally used to get a camp. Richard MacGillivray 38:15.434
Yes, that's right. So they're new cabins and there is an existing dwelling, dwelling on site. How big is site. How big is the property? Oh, sorry Amelia Lorentson 38:27.804
Tom, off the top of my head, I don't know. Richard MacGillivray 38:29.904
It would be, if it's code, it would have been over four hectares up there, but as Brian said, it is right, it's right next to the lookout and it's on the, on the trail network. You go down, down the road, down to the Mother Mountain and it all connects up. Brian Stockwell 38:43.904
It's a memory that you They were clear of the riparian buffer. The riparian buffer was mainly, or the riparian, it wouldn't have been a buffer, riparian biodiversity, sorry, biodiversity zone overlay was more along the edge of this. the edge of the escarpment sort of thing, going down with them. Patrick Murphy 39:09.484
You might be talking about a different property. Richard MacGillivray 39:11.064
Oh, you're talking about a different one. Patrick Murphy 39:16.304
But you're right, there is a cabin right on the edge of the cliff here, too. Brian Stockwell 39:20.204
I think this is one, I think. I'd have to have a look, sorry. After the inspection, I did advise the team in planning that I thought someone had followed the wrong. Okay. Put them all away. One was a dry gully, and the other was a creek just about metres to its west. Richard MacGillivray 39:35.840
Yeah, and I think. Amelia Lorentson 39:37.460
My final question is, what is Council's position on short Richard MacGillivray 39:51.802
So obviously we've got the scheme amendments and I think you know it's important to with this application I see it was actually lodged back in May so prior to the scheme amendments being made public so again and I think we've previously discussed when people are lodging prior to you know any draft scheme amendments changes essentially the weight is with the scheme that's current at the time as we progress through our current round of amendments the more weight we can apply to the the new draft scheme so you know new applications lodged now post public exhibition of our draft planning scheme will gives greater weight to the fact is we've got a shift in policy this is our intention is to move towards making these uses inconsiderate intention is to move towards making these uses inconsistent and we'll give that serious consideration as part of that and the further we move through if we are able to get out to state interest second stage and then in future that will give further weight again so essentially the closer we get progressing through there the more weight we can give to those new provisions so my advice would be is that any new applications for STA new applications for STA in the rural areas lodged post public exhibition we would give weight to the fact as we are shifting our position and and yeah we would be raising concerns about issues where they haven't addressed what the draft scheme is intending to deliver. Amelia Lorentson 41:25.840
Do you all have any final questions? Frank Wilkie 41:27.920
Good. Amelia Lorentson 41:29.930
You. I'll put the report in front of us. All in favour? We haven't had a mover and a seconder. I'll move it. I'll second it. Thank you for the discussion. All in favour? Carried. And I think that brings us to the end of planning and environment. So I officially close the meeting. Related Noosa Council Meetings
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