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Item 9.1.2024-08-15 · OrdinaryOfficial item record

MCU22/0201 Application For Material Change Of Use For Car Wash And Food & Drink Outlet At 34 Elm Street, Cooroy (Deferred From General Committee Meeting Dated 12 August 2024 Item 5.1)

Final resolution: Carried

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for material change of use for a Car w… Full wording ↓

For 5: Nicola Wilson, Jessica Phillips, Karen Finzel, Tom Wegener, Amelia Lorentson. Against 2: Frank Wilkie, Brian Stockwell.

Watch Frank Wilkie discuss the topic ↗
← Meeting agenda & transcript

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What was decided?

Final supported resolution

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:

A.    Approve the application.

B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.)

C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

D.    Find the following matters relevant to the assessment and sufficient reason to approve the application:

1. There is a strong level of economic, community and planning need for the development in this location.

2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.

3. The proposed development will provide community benefit. 

4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.

5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in improved water quality entering local waterways, including Lake Macdonald.

6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location. 

7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.

Carried.

Official item minutes · Event 8

1Council ResolutionCarried

Moved: Frank Wilkie · Seconded: Brian Stockwell

That Council note the declarable conflict of interest by Cr Wilson and determine that Cr Wilson 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.

Official minutes · section 5

2MotionOutcome not confirmed

Moved: Amelia Lorentson · Seconded: Jessica Phillips

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for  material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:

A.    Approve the application.

B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval.

C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

D.    Find the following matters relevant to the assessment and sufficient reason to approve the application:

1. There is a strong level of economic, community and planning need for the development in this location.

2. There is no car wash currently provided . 

3. The proposed development will provide substantial community benefit and will not cause any adverse impacts on the amenity and character of the area.

4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.

5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in improved water quality entering local waterways, including Lake Macdonald.

6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location, which will result in the sharing of facilities and reduced traffic movements.

7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.

Main motion followed by amendments; no separate outcome recorded here.

Official minutes · section 11

3Amendment No.1Carried

Moved: Frank Wilkie · Seconded: Tom Wegener

That item 2 read:

2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.

Carried unanimously.

Official minutes · section 26

4Amendment No 2Carried

Moved: Frank Wilkie · Seconded: Karen Finzel

That Item 3 reads:

3. The proposed development will provide community benefit. 

Carried unanimously.

Official minutes · section 32

5Amendment No 3Carried

Moved: Brian Stockwell · Seconded: Tom Wegener

That Item B be amended to read:

B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.)

Carried.

For 4 named

Tom WegenerBrian StockwellFrank WilkieKaren Finzel

Against 3 named

Amelia LorentsonNicola WilsonJessica Phillips

Official minutes · section 38

6Amendment No. 4Carried

Moved: Frank Wilkie · Seconded: Brian Stockwell

That item 6 read:

A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location. 

Carried unanimously.

Official minutes · section 46

7Procedural MotionLost

Moved: Frank Wilkie · Seconded: Brian Stockwell

That the matter be deferred to a future Council meeting to allow the applicants consultant to discuss traffic issues raised, with Council's traffic consultant.

Lost.

For 2 named

Frank WilkieNicola Wilson

Against 5 named

Brian StockwellTom WegenerJessica PhillipsAmelia LorentsonKaren Finzel

Official minutes · section 52

8Council ResolutionCarried

Moved: Amelia Lorentson · Seconded: Jessica Phillips

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:

A.    Approve the application.

B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.)

C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

D.    Find the following matters relevant to the assessment and sufficient reason to approve the application:

1. There is a strong level of economic, community and planning need for the development in this location.

2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.

3. The proposed development will provide community benefit. 

4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.

5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in improved water quality entering local waterways, including Lake Macdonald.

6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location. 

7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.

Carried.

For 5 named

Nicola WilsonJessica PhillipsKaren FinzelTom WegenerAmelia Lorentson

Against 2 named

Frank WilkieBrian Stockwell

Official minutes · section 59

Read complete item-specific minutes
The following material was presented to the meeting in relation to this item:
Cr Stockwell - refer to Attachment 2 to the Minutes

In accordance with Chapter 5B of the Local Government Act 2009, Cr Nicola Wilson provided the following declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Nicola Wilson, inform the meeting that I have a declarable conflict of interest in this matter as my partner, Roy Vanderberg, made a submission in favour to this application when it was notified for 15 business days in 2023 in accordance with the Planning Act 2016 and received 520 properly made submissions. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because this is one submission of 500 and neither Roy nor myself have a financial interest in the outcome.  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.


Council Resolution

Moved:
Cr Frank Wilkie
Seconded:
Cr Brian Stockwell

That Council note the declarable conflict of interest by Cr Wilson and determine that Cr Wilson 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 Wilson did not vote on the above motion.

Motion

Moved:
Cr Amelia Lorentson
Seconded:
Cr Jessica Phillips

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for  material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:
A.    Approve the application.
B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval.
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D.    Find the following matters relevant to the assessment and sufficient reason to approve the application:
1. There is a strong level of economic, community and planning need for the development in this location.
2. There is no car wash currently provided . 
3. The proposed development will provide substantial community benefit and will not cause any adverse impacts on the amenity and character of the area.
4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.
5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in improved water quality entering local waterways, including Lake Macdonald.
6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location, which will result in the sharing of facilities and reduced traffic movements.
7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.



Amendment No.1

Moved:
Cr Frank Wilkie
Seconded:
Cr Tom Wegener

That item 2 read:
2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.
Carried unanimously.


Amendment No 2.

Moved:
Cr Frank Wilkie 
Seconded:
Cr Karen Finzel 

That Item 3 reads:
3. The proposed development will provide community benefit. 
Carried unanimously.



Amendment No 3.

Moved:
Cr Brian Stockwell
Seconded:
Cr Tom Wegener

That Item B be amended to read:
B.
    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.)
For:
Crs Stockwell, Wilkie, Wegener and Finzel
Against:
Crs Wilson, Lorentson and Phillips
Carried.



Amendment No. 4

Moved:
Cr Frank Wilkie
Seconded:
Cr Brian Stockwell

That item 6 read:
A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location. 
Carried unanimously.



Procedural Motion

Moved:
Cr Frank Wilkie 
Seconded:
Cr Brian Stockwell

That the matter be deferred to a future Council meeting to allow the applicants consultant to discuss traffic issues raised, with Council's traffic consultant.
For:         Crs Wilkie and Wilson
Against:  Crs Phillips, Wegener, Lorentson, Stockwell and Finzel
Lost.



Council Resolution

Moved:
Cr Amelia Lorentson
Seconded:
Cr Jessica Phillips

That Council note the report by the Co-ordinator Planning to the Planning & Environment Committee Meeting dated 6 August 2024 regarding MCU22/0201 for a development permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and:
A.    Approve the application.
B.    Delegate to the Chief Executive Officer to issue a Development Permit for material change of use for a Car wash and Food and drink outlet at 34 Elm Street, Cooroy, and impose reasonable and relevant conditions on the approval, including conditions which require modification of the east wall to increase its articulation (e.g. awning over walkway, addition of green wall elements, use of timber battening etc.)
C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
D.    Find the following matters relevant to the assessment and sufficient reason to approve the application:
1. There is a strong level of economic, community and planning need for the development in this location.
2. There is currently no car wash provided within Cooroy and the Noosa Hinterland.
3. The proposed development will provide community benefit. 
4. The proposed development accords with reasonable community expectations, given the significant number of submissions in support that have been received.
5. There will be significant environmental benefits for a car wash to be provided in the location, resulting in improved water quality entering local waterways, including Lake Macdonald.
6. A car wash is for the commercial washing of vehicles, which is a complementary use to the existing service stations in this location. 
7. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.
For:          Crs Wilson, Phillips, Lorentson, Finzel and Wegener
Against:   Crs Wilkie and Stockwell
Carried.

This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.

What was said?

Named discussion on NoosaWatch TV

These actual transcript passages match the item’s wording. The start and end of the item’s discussion are not yet confirmed; these excerpts are not measured item airtime or exact decision moments.

Frank Wilkie27:22
That's Councillor Phillips, Finzel, Wilson, Wegener, Lorentson. Lorentson, and Wilkie. Against? Councillor Stockwell. The motion is carried. We're now on to the Ordinary Meeting reports item that was referred from the General Committee to the Ordinary Meeting which is the 22-02-01 application. Sorry. Now, we also need to have a move and a second for all the General Committee recommendations. I move. Thank you, Councillor Stockwell. Second. Councillor Finzel, all in favour? That's carried unanimously. Thank you. Now, the item that was referred to the ordinary which is the application for Material Change of Use for a car wash and food and drink outlet at 34 Elm Street, Cooroy, which was deferred from the General Committee Meeting due to a request that they allow time for traffic consultants to meet and for us to get feedback for that today. Councillor Wilson, you have a declaration?
Frank Wilkie1:52
I'm glad it was so memorable. I'll speak louder next time. There are no notified motions, no presentations and no deputations. Brings us to item eight which is. Consideration of the committee reports. These are the items that were discussed at the previous Planning & Environment Committee report and have gone through to the Ordinary Meeting with the recommendations unchanged. And the first one is an application for another change to a town planning consent permit for multiple dwellings, 65 units, conference facility and. Vehicle-hired premises at 16 Noosa Drive, Noosa Heads. 5.2 is an update to the infrastructure charges resolution. 5.3 is an MCU 22 an MCU 22 0201 application for material change for a car wash food and drink outlet 34 Elm Street, Cooroy. And that was referred to the General Committee. The planning application is decided by delegated authority June 2024. So can I have a movement second of the Planning & Environment Committee recommendations to be adopted, please? Thank you, Councillor Stockwell. We have a seconder, please. Thank you, Councillor Wegener. All in favour? That's carried unanimously. The Services & Organisation Committee report. Committee on 6 August had a number of items referred straight through to today without change. They are contract number T. 0-0-0-0-7-8, which is a Register of Prequalified Suppliers for provision of Firetech Services. 6.1 is the Noosa Holiday Parks update. 6.2 is capital program. 23, delivery status. And 7.1 was a confidential item, contract number CN00644, construction of pathways. Package 3, closure of. And it was closed to the public it because had sensitive commercial and confidence information. So may I have a move and a seconder for the service of an organisation committee of recommendations to be adopted, please. Councillor Wilson, quick to a feed. Moved. Seconded by Councillor Phillips. All in favour? That's carried unanimously. Thank you. We now have items that were dealt with at the General Committee report. 5.1, which is the item of the car wash, was deferred to this Ordinary Meeting and that will come up for discussion later in this meeting. We have appeal D96 of 2024 relating to refusal MCU 240003, Material Change of Use for short-term accommodation at 428 Cootharaba road, Cootharaba. 6.2 appeal 1997 of 2024 relating to refusal of MCU 240003 230101 Material Change of Use for short-term accommodation at 561 Gympie Kin Kin Road, Kin Kin. 6.3 is appeal 1998 of 24 relating to the refusal 24 of MCU 22/0094 Material Change of Use for childcare centre at 28 Eenie Creek Road, Noosaville. 6.4 annual review register of delegations Council to the CEO. 6.5 was budget is review BR1 the 24-25 financial year. 6.6 was the Financial Performance Report July 2024.6.7 annual performance report including Q4 operational plan 2023-24 progress report. 6 and Emu Mountain Road shared pathway. The next item Councillor Jess Phillips would like to pull out and move a motion and that is for the Go Noosa transport initiatives 2023-24 evaluation and 24-25 implementation.
Amelia Lorentson33:59
Just give us one minute. Oh. Okay. Thank you. That Council notes the report by the coordinator of planning to the Planning & Environment Committee Meeting dated 6th of August 2024. Regarding MCU22/0201 for a development permit for Material Change of Use for a car wash and food and drink outlet at 34 Elm Street, Cooroy and A approve the application, B, delegate to the Chief Executive Officer to issue a development permit for Material Change of Use for a car wash and food and drink outlet at 34 Elm Street, Cooroy and post reasonable conditions and relevant on the approval. Note the report is provided in accordance with section 63 of the Planning Act 2016. Find the following matters relevant to the assessment and sufficient reason to approve the application. There is a strong level of economic, community and planning need for the development in this location. Is no car wash currently provided within Cooroy and Noosa hinterland and no other suitable land available for that purpose. 3. The proposed development will provide substantial community benefit and will not cause any adverse impacts on the amenity and character of the area. 4. The proposed development accords with reasonable community expectations given the significant number of submissions in support that have been received. 5. There will be significant environmental benefits for a car wash to be provided in the location resulting in improving water quality entering local waterways, including Lake Macdonald. 6. A car wash is for commercial washing vehicles which is a complimentary use to the existing service stations in this location, which will result in ensuring the facilities and reduce traffic movements. Conditions can be imposed to address any issues raised by submitters about the hours of operation of the development.
1 suggested discussion start time
  • 1694.0 seconds on the council source timeline · Recording time not yet verified. The end of the discussion is not yet confirmed.

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