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Planning & Environment Committee
Tuesday, 10 December 2024 @ 9:30AM - #704
Meeting Duration: 1 hour and 18 minutes
This Noosa Council meeting contains very poor audio quality.
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Major rural function facility referred to General Committee, Conditional approval with guest/event limits, noise, buses and State roadworks, Notification and amenity concerns aired, Legal tests affirmed.
Agenda, decisions & supporting documents
Inside this meeting
MCU24/0084 MATERIAL CHANGE OF USE - FUNCTION FACILITY – 658 LOUIS BAZZO DRIVE, RINGTAIL CREEK2 minuted events · 8 supporting records
Jump to transcript ↗PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY - OCTOBER 20241 minuted event · 2 supporting records
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Full Meeting Insight
Key Decisions & Discussions
• Committee: Referred MCU24/0084 (Function Facility, 658 Louis Bazzo Dr, Ringtail Creek) to General Committee due to significance; no final determination made (Item 7.1) (01:08:03, 52:40).
• Frank Wilkie: Moved that Amelia Lorentson participate despite a declarable COI; carried unanimously, with Amelia not voting on the COI motion (03:39) (Item 7.1).
• Patrick Murphy: Proposed approval subject to conditions: max 150 guests, up to 96 events/yr (72 weddings), hours to 10:00pm with all off-site by 10:30pm, no Sundays/public holidays; impact assessable but consistent in Rural Zone (04:24, 44:20) (Item 7.1).
• Patrick Murphy: Key controls include 39 dB LAeq,15min at nearest residence, 1.8m x 30m acoustic barrier near 642 Louis Bazzo Dr, Noise Management Plan, driveway sealing to reduce dust (04:24, 15:50, 50:17) (Item 7.1).
• Patrick Murphy: SARA requires access road widening, sightline vegetation clearing; applicant to fund works; safety rationale on State-controlled road (21:00–23:18, 01:01:42) (Item 7.1).
• Staff: Bus transport condition for functions >50 guests foreshadowed; applicant agreeable; to return with amended recommendation (35:51–37:56, 01:06:57) (Item 7.1).
• Staff: Bushfire addressed via siting to achieve 29 kW/m², onsite refuge and evacuation plan (38:08) (Item 7.1).
• Staff: Environmental covenants to protect significant vegetation; ecological and stormwater plans reviewed (04:24) (Item 7.1).
• Patrick Murphy: Nearest dwelling ~750m; acoustic criteria set from 34 dB background +5 dB (16:34–18:36, 46:54) (Item 7.1).
• Committee: Noted October 2024 delegated planning decisions (50 total) (Item 7.2) (01:11:56).
• Staff: Explained exemption certificates for minor/overlay errors (landslide overlay) and approach to setback relaxations under delegation (01:14:06–01:16:32) (Item 7.2).
Contentious / Transparency Matters
• Amelia Lorentson: Challenged adequacy of public notification; some adjoining owners claim no letters; staff to verify Australia Post registered delivery records and signatures (08:55–13:36, 01:05:11) (Item 7.1).
• Richard MacGillivray: Stated registered post is deemed effective service under the Planning Act; further follow-up still to be done (10:58–13:06, 49:12–49:36) (Item 7.1).
• Karen Finzel: Requested SARA roadworks attachment be included for accessibility; staff agreed to circulate/add (53:30–54:21) (Item 7.1).
• Staff: Supporters (30) vs objectors (30); nearby residents all objected, support skewed to non-local/business interests (45:02–47:23, 56:14–57:43) (Item 7.1).
• Amelia Lorentson: Queried resident expectations of “rural amenity” and quiet enjoyment, especially for purchasers pre-2020 scheme change (41:25–44:41) (Item 7.1).
• Frank Wilkie: Raised delegated decision transparency after past view-loss dispute; flagged policy discussion (01:15:11–01:17:21) (Item 7.2).
Legal / Risk
• Council/Staff: Conditions must meet the Planning Act “reasonable and relevant” test; variations (e.g., hours, transport) must be technically justified to withstand challenge (01:06:08–01:07:46) (Item 7.1).
• Richard MacGillivray: Superseded planning scheme rights lapse after 12 months; no retrospective challenge to 2020 scheme changes beyond that window (51:40–52:11) (Item 7.1).
• Staff: Function facility not a “vulnerable use” under State Planning Policy; SPP defines sensitive/vulnerable uses (39:29–41:25) (Item 7.1).
• Staff: Cultural heritage handled under the Cultural Heritage Act; no specific First Nations consultation trigger under the Planning Act for this MCU (55:30–56:14) (Item 7.1).
• Staff: Any expansion to other uses (e.g., equestrian events) could trigger a new/change application; animal keeping thresholds may be accepted development if code-compliant (27:13–29:16) (Item 7.1).
• Staff: Potential site clearing appears non-native; officers to verify timing, approvals, and any compliance implications (23:18–25:39) (Item 7.1).
Conflicts of Interest
• Amelia Lorentson: Declared a declarable COI for prior one-off personal legal advice from submitter Pat Rogers; Council resolved she may participate and vote on Item 7.1 in the public interest; she abstained on the COI motion (7.1) (03:39).
Planning Scheme and Zoning Changes
• Staff: Noosa Plan 2020 shifted function facilities in Rural Zone from inconsistent to consistent (still impact assessable) to diversify rural economy (31:23–34:19) (Item 7.1).
• Amelia Lorentson: Queried whether residents were adequately engaged on 2020 changes and definition alignment; staff to confirm submissions/definitions history with Strategic Planning (32:12–33:43) (Item 7.1).
• Staff: Assessment must apply current scheme, not prior expectations of purchasers (34:08–34:19) (Item 7.1).
Noise, Traffic, and Operations
• Brian Stockwell: Sought real-time noise monitoring; staff indicated it’s in the OMP and can be strengthened as a condition (15:18–16:08) (Item 7.1).
• Frank Wilkie: Probed 39 dB standard and what it means; staff to bring acoustic expert to General Committee (16:09–18:36) (Item 7.1).
• Staff: Acoustic fence targets the closest dwelling; other receivers assessed as sufficiently distant; driveway sealing addresses dust and some noise (49:52–50:42) (Item 7.1).
• Staff: SARA road widening designed for turning movements and through-traffic safety; similar to Sunshine Butterflies treatment (21:00–23:18) (Item 7.1).
• Staff: Parking exceeds code; buses encouraged to reduce trips; guest transport via Uber/taxi is discretionary and unreliable in rural areas, hence bus condition focus (35:51–37:56, 01:01:46–01:03:15) (Item 7.1).
Environmental Concerns
• Staff: Environmental covenants to protect significant vegetation; stormwater and ecological impacts assessed; clearing for sightlines limited to undergrowth along road edges (04:24, 21:00–23:18) (Item 7.1).
• Karen Finzel: Raised ecosystem/wildlife and potential First Nations perspectives; staff clarified statutory triggers and pathways (54:28–56:14) (Item 7.1).
• Staff: Alleged onsite clearing reviewed; appears non-native regrowth; further verification pending (23:18–25:39) (Item 7.1).
Community Consultation & Property Impacts
• Staff: Public notification complied via digital press ad, onsite signage, and registered post to seven directly adjoining owners; many submissions came from wider area (09:41–10:58, 49:36) (Item 7.1).
• Amelia Lorentson: Highlighted residents’ concern about post-10pm egress and safety on unlit rural roads; bus condition targeted to mitigate risks (01:01:46–01:03:15) (Item 7.1).
• Staff: Property value impacts are not a relevant planning consideration; amenity managed via enforceable conditions (50:42–51:40, 42:25–44:41) (Item 7.1).
Delegated Decisions Oversight
• Frank Wilkie: Sought assurance view-impacting relaxations don’t bypass Council; staff outlined delegation practice and triggers for Councillor decision (01:15:11–01:16:32) (Item 7.2).
• Patrick Murphy: Noted busy workload and that significant applications will come to Council; minor changes handled under amended delegations (01:12:56–01:13:38) (Item 7.2).
• Committee: Referred MCU24/0084 (Function Facility, 658 Louis Bazzo Dr, Ringtail Creek) to General Committee due to significance; no final determination made (Item 7.1) (01:08:03, 52:40).
• Frank Wilkie: Moved that Amelia Lorentson participate despite a declarable COI; carried unanimously, with Amelia not voting on the COI motion (03:39) (Item 7.1).
• Patrick Murphy: Proposed approval subject to conditions: max 150 guests, up to 96 events/yr (72 weddings), hours to 10:00pm with all off-site by 10:30pm, no Sundays/public holidays; impact assessable but consistent in Rural Zone (04:24, 44:20) (Item 7.1).
• Patrick Murphy: Key controls include 39 dB LAeq,15min at nearest residence, 1.8m x 30m acoustic barrier near 642 Louis Bazzo Dr, Noise Management Plan, driveway sealing to reduce dust (04:24, 15:50, 50:17) (Item 7.1).
• Patrick Murphy: SARA requires access road widening, sightline vegetation clearing; applicant to fund works; safety rationale on State-controlled road (21:00–23:18, 01:01:42) (Item 7.1).
• Staff: Bus transport condition for functions >50 guests foreshadowed; applicant agreeable; to return with amended recommendation (35:51–37:56, 01:06:57) (Item 7.1).
• Staff: Bushfire addressed via siting to achieve 29 kW/m², onsite refuge and evacuation plan (38:08) (Item 7.1).
• Staff: Environmental covenants to protect significant vegetation; ecological and stormwater plans reviewed (04:24) (Item 7.1).
• Patrick Murphy: Nearest dwelling ~750m; acoustic criteria set from 34 dB background +5 dB (16:34–18:36, 46:54) (Item 7.1).
• Committee: Noted October 2024 delegated planning decisions (50 total) (Item 7.2) (01:11:56).
• Staff: Explained exemption certificates for minor/overlay errors (landslide overlay) and approach to setback relaxations under delegation (01:14:06–01:16:32) (Item 7.2).
Contentious / Transparency Matters
• Amelia Lorentson: Challenged adequacy of public notification; some adjoining owners claim no letters; staff to verify Australia Post registered delivery records and signatures (08:55–13:36, 01:05:11) (Item 7.1).
• Richard MacGillivray: Stated registered post is deemed effective service under the Planning Act; further follow-up still to be done (10:58–13:06, 49:12–49:36) (Item 7.1).
• Karen Finzel: Requested SARA roadworks attachment be included for accessibility; staff agreed to circulate/add (53:30–54:21) (Item 7.1).
• Staff: Supporters (30) vs objectors (30); nearby residents all objected, support skewed to non-local/business interests (45:02–47:23, 56:14–57:43) (Item 7.1).
• Amelia Lorentson: Queried resident expectations of “rural amenity” and quiet enjoyment, especially for purchasers pre-2020 scheme change (41:25–44:41) (Item 7.1).
• Frank Wilkie: Raised delegated decision transparency after past view-loss dispute; flagged policy discussion (01:15:11–01:17:21) (Item 7.2).
Legal / Risk
• Council/Staff: Conditions must meet the Planning Act “reasonable and relevant” test; variations (e.g., hours, transport) must be technically justified to withstand challenge (01:06:08–01:07:46) (Item 7.1).
• Richard MacGillivray: Superseded planning scheme rights lapse after 12 months; no retrospective challenge to 2020 scheme changes beyond that window (51:40–52:11) (Item 7.1).
• Staff: Function facility not a “vulnerable use” under State Planning Policy; SPP defines sensitive/vulnerable uses (39:29–41:25) (Item 7.1).
• Staff: Cultural heritage handled under the Cultural Heritage Act; no specific First Nations consultation trigger under the Planning Act for this MCU (55:30–56:14) (Item 7.1).
• Staff: Any expansion to other uses (e.g., equestrian events) could trigger a new/change application; animal keeping thresholds may be accepted development if code-compliant (27:13–29:16) (Item 7.1).
• Staff: Potential site clearing appears non-native; officers to verify timing, approvals, and any compliance implications (23:18–25:39) (Item 7.1).
Conflicts of Interest
• Amelia Lorentson: Declared a declarable COI for prior one-off personal legal advice from submitter Pat Rogers; Council resolved she may participate and vote on Item 7.1 in the public interest; she abstained on the COI motion (7.1) (03:39).
Planning Scheme and Zoning Changes
• Staff: Noosa Plan 2020 shifted function facilities in Rural Zone from inconsistent to consistent (still impact assessable) to diversify rural economy (31:23–34:19) (Item 7.1).
• Amelia Lorentson: Queried whether residents were adequately engaged on 2020 changes and definition alignment; staff to confirm submissions/definitions history with Strategic Planning (32:12–33:43) (Item 7.1).
• Staff: Assessment must apply current scheme, not prior expectations of purchasers (34:08–34:19) (Item 7.1).
Noise, Traffic, and Operations
• Brian Stockwell: Sought real-time noise monitoring; staff indicated it’s in the OMP and can be strengthened as a condition (15:18–16:08) (Item 7.1).
• Frank Wilkie: Probed 39 dB standard and what it means; staff to bring acoustic expert to General Committee (16:09–18:36) (Item 7.1).
• Staff: Acoustic fence targets the closest dwelling; other receivers assessed as sufficiently distant; driveway sealing addresses dust and some noise (49:52–50:42) (Item 7.1).
• Staff: SARA road widening designed for turning movements and through-traffic safety; similar to Sunshine Butterflies treatment (21:00–23:18) (Item 7.1).
• Staff: Parking exceeds code; buses encouraged to reduce trips; guest transport via Uber/taxi is discretionary and unreliable in rural areas, hence bus condition focus (35:51–37:56, 01:01:46–01:03:15) (Item 7.1).
Environmental Concerns
• Staff: Environmental covenants to protect significant vegetation; stormwater and ecological impacts assessed; clearing for sightlines limited to undergrowth along road edges (04:24, 21:00–23:18) (Item 7.1).
• Karen Finzel: Raised ecosystem/wildlife and potential First Nations perspectives; staff clarified statutory triggers and pathways (54:28–56:14) (Item 7.1).
• Staff: Alleged onsite clearing reviewed; appears non-native regrowth; further verification pending (23:18–25:39) (Item 7.1).
Community Consultation & Property Impacts
• Staff: Public notification complied via digital press ad, onsite signage, and registered post to seven directly adjoining owners; many submissions came from wider area (09:41–10:58, 49:36) (Item 7.1).
• Amelia Lorentson: Highlighted residents’ concern about post-10pm egress and safety on unlit rural roads; bus condition targeted to mitigate risks (01:01:46–01:03:15) (Item 7.1).
• Staff: Property value impacts are not a relevant planning consideration; amenity managed via enforceable conditions (50:42–51:40, 42:25–44:41) (Item 7.1).
Delegated Decisions Oversight
• Frank Wilkie: Sought assurance view-impacting relaxations don’t bypass Council; staff outlined delegation practice and triggers for Councillor decision (01:15:11–01:16:32) (Item 7.2).
• Patrick Murphy: Noted busy workload and that significant applications will come to Council; minor changes handled under amended delegations (01:12:56–01:13:38) (Item 7.2).
Full Official Meeting Minutes
MINUTES
Planning & Environment
Committee Meeting
Tuesday, 10 December 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 10 DECEMBER 2024
1. DECLARATION OF OPENING
The meeting was declared open at 9.30am.
2. ACKNOWLEDGEMENT OF COUNTRY
Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging.
3. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Brian Stockwell
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Cr Nicola Wilson (via Microsoft Teams)
Cr Karen Finzel
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Strategy and Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray
APOLOGIES
Cr Tom Wegener
4. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
The Minutes of the Planning & Environment Committee Meeting held on 12 November 2024 be received and confirmed.
Carried unanimously.
5. PRESENTATIONS
Nil.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 DECEMBER 2024
6. DEPUTATIONS
Nil.
7. REPORTS FOR CONSIDERATION OF THE COMMITTEE
7.1. MCU24/0084 MATERIAL CHANGE OF USE - FUNCTION FACILITY – 658
LOUIS BAZZO DRIVE, RINGTAIL CREEK
The following material was presented to the meeting by staff in relation to this item:
Attachment 1 to the Planning & Environment Committee Meeting Minutes Item 7.1 - Locality Aerial Photo Attachment 2 to the Planning & Environment Committee Meeting Minutes Item 7.2 - SARA Plans
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as I have engaged a submitter, Pat Rogers in a personal capacity for legal advice on a single occasion. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I do not have a close personal relationship with the submitter. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 DECEMBER 2024
7.2. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
OCTOBER 2024
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting 10 December 2024 regarding applications that have been decided by delegated authority as per Attachment
1.
Carried unanimously.
8. REPORTS FOR NOTING BY THE COMMITTEE
Nil.
9. CONFIDENTIAL SESSION
Nil.
10. MEETING CLOSURE
The meeting closed at 10.48am
Planning & Environment
Committee Meeting
Tuesday, 10 December 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 10 DECEMBER 2024
1. DECLARATION OF OPENING
The meeting was declared open at 9.30am.
2. ACKNOWLEDGEMENT OF COUNTRY
Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging.
3. ATTENDANCE & APOLOGIES
COMMITTEE MEMBERS
Cr Amelia Lorentson (Chair)
Cr Brian Stockwell
Cr Frank Wilkie
NON COMMITTEE MEMBERS
Cr Nicola Wilson (via Microsoft Teams)
Cr Karen Finzel
EXECUTIVE
Chief Executive Officer Larry Sengstock
Director Strategy and Environment Kim Rawlings
Director Development & Regulation Richard MacGillivray
APOLOGIES
Cr Tom Wegener
4. CONFIRMATION OF MINUTES
Committee Resolution
Moved: Cr Brian Stockwell
Seconded: Cr Frank Wilkie
The Minutes of the Planning & Environment Committee Meeting held on 12 November 2024 be received and confirmed.
Carried unanimously.
5. PRESENTATIONS
Nil.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 DECEMBER 2024
6. DEPUTATIONS
Nil.
7. REPORTS FOR CONSIDERATION OF THE COMMITTEE
7.1. MCU24/0084 MATERIAL CHANGE OF USE - FUNCTION FACILITY – 658
LOUIS BAZZO DRIVE, RINGTAIL CREEK
The following material was presented to the meeting by staff in relation to this item:
Attachment 1 to the Planning & Environment Committee Meeting Minutes Item 7.1 - Locality Aerial Photo Attachment 2 to the Planning & Environment Committee Meeting Minutes Item 7.2 - SARA Plans
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter as I have engaged a submitter, Pat Rogers in a personal capacity for legal advice on a single occasion. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I do not have a close personal relationship with the submitter. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision.
Committee Resolution
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Council note the declarable conflict of interest by Cr Lorentson and determine that Cr Lorentson participates and votes on this matter because Council believes that a reasonable person would trust that the final decision is made in the public interest.
Carried unanimously.
Cr Lorentson did not vote on the above motion.
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Brian Stockwell
That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue.
Carried unanimously.
PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 10 DECEMBER 2024
7.2. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY -
OCTOBER 2024
Committee Recommendation
Moved: Cr Frank Wilkie
Seconded: Cr Amelia Lorentson
That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting 10 December 2024 regarding applications that have been decided by delegated authority as per Attachment
1.
Carried unanimously.
8. REPORTS FOR NOTING BY THE COMMITTEE
Nil.
9. CONFIDENTIAL SESSION
Nil.
10. MEETING CLOSURE
The meeting closed at 10.48am
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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.
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In Context
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