Planning & Environment Committee Agenda

Key Decisions & Discussions
• Brian Stockwell: Appointed Acting Chair with unanimous support as the usual Chair attended remotely; procedural compliance maintained (00:05–01:20; Attendance & Apologies).
• Brian Stockwell: Minutes of 10 Dec 2024 confirmed unanimously, no debate (01:20–01:38; Item 4).
• Brian Stockwell: MCU21/0154.02 (minor change) for Home-Based Business meat processing at 82 Patterson Dr, Tinbeerwah referred to General Committee due to significance; carried unanimously (04:45–05:04, 24:50–25:15; Item 7.1).
• Andrew (Planner): Applicant seeks to allow up to two employees (currently none) and remove the 2‑year lapsing condition; officers consider impacts manageable within Home-Based Business tolerances and recommend approval with conditions (03:10–04:45, 06:41–07:34; Item 7.1).
• Amelia Lorentson: Sought exact setback of processing shed to boundary; officer to return with dimensions for General Committee (05:40–06:10; Item 7.1).
• Andrew (Planner): Additional traffic from two staff is four movements/day within approved hours (arrive after 8:00, depart by 16:00) (06:41–07:34; Item 7.1).
• Andrew (Planner): Operations include weekly deer harvesting and processing up to 10 carcasses/week; return to site may occur late night/early morning for harvesting only, with processing authorised under limits (11:19–12:55; Item 7.1).
• Kim Rawlings: Recent audits found operation compliant and tidy; multiple complaints investigated with no substantiated breaches (08:10–09:44; Item 7.1).
• Kim Rawlings: Officers support landscaping enhancements over costly new fencing; plantings can further screen driveway to mitigate visual impacts (14:32–15:46, 21:50–22:58; Item 7.1).
• Planning Delegations Report: 39 delegated decisions in Dec 2024 (38 approvals; 1 to Council); error identified – Kabi Rd item not delegated and deleted from report (25:33–30:48; Item 8.1).
• Council: Resolved to remove 12637DA-59 Kabi Rd, Cootharaba from the delegated list; unanimous (30:48–32:35; Item 8.1).
• Confidential Land Purchase: Meeting closed under s254J(3)(g) LGR 2012 to discuss Environment Levy proposed acquisition; later reopened and CEO authorised to negotiate purchase, register Nature Refuge, and manage for environmental values; unanimous (CLOSURE/REOPEN; Item 9.1).
Contentious / Transparency Matters
• Amelia Lorentson: Pressed on neighbour’s concerns (noise, traffic, mental stress); officers emphasised bounded assessment and scheme tolerances, not subjective health impacts (15:46–17:39; Item 7.1).
• Richard MacGillivray: Cautioned on complaint privacy; only general findings provided, aligning with privacy obligations (08:02–08:10; Item 7.1).
• Karen Finzel: Advocated for neighbour’s fencing request; officers deemed mandatory replacement unreasonable but encouraged civil boundary arrangements between parties (21:23–23:20; Item 7.1).
• Brian Stockwell: Detected and corrected inclusion error in delegated report (Kabi Rd), demonstrating procedural vigilance (29:50–32:35; Item 8.1).
Legal / Risk
• Larry Sengstock: Closure relied on Local Government Regulation 2012 s254J(3)(g) (land acquisitions); process followed, then resolution read publicly on reopening (CLOSURE/REOPEN; Item 9.1).
• Kim Rawlings: Enforcement approach: proactive audits and response to complaints; compliance rests with permit holder; conditions tweaked and sunset clause extended to enable review (09:44–11:19; Item 7.1).
• Richard MacGillivray: Minor change to remove/extend sunset clause would be via minor change application; indicative fee about $2,000, with possible review (13:13–13:45; Item 7.1).
• Richard MacGillivray: Exemption certificates issued under Planning Act to correct unintended triggers from Noosa Plan 2020 overlay wording (landslide/flood), ensuring lawful pathway without full approvals (26:36–28:15; Item 8.1).
• Officers: Acoustic containment verified onsite; staff vehicles limited to daylight hours; mitigations reduce nuisance risk consistent with Home-Based Business Code (21:23–22:58; Item 7.1).
Planning Scheme & Home-Based Business Framework
• Kim Rawlings: Home-Based Business Code in rural/rural residential supports up to six persons; proposal for two employees sits well within scheme tolerances (10:07–11:19; Item 7.1).
• Richard MacGillivray: Late‑2024 Planning Regulation amendments: all home-based businesses are code-assessable; schemes cannot cap persons on site below two (23:48–24:38; Item 7.1).
• Amelia Lorentson: Queried why original permit banned employees despite scheme allowances; officers noted it was a contentious approval and the applicant did not appeal that condition (17:39–19:06; Item 7.1).
• Andrew (Planner): Landscaping conditions 19–20 already implemented; potential for added low-level planting to close residual visual gaps (14:32–15:46; Item 7.1).
Environmental Concerns
• Council: Empowered CEO to negotiate Environment Levy land purchase; if acquired, Nature Refuge declaration and active management to enhance environmental values (REOPEN; Item 9.1).
• Officers: Nature Refuge overlay post‑acquisition aligns with Queensland conservation mechanisms to lock in ecological protection (REOPEN; Item 9.1).
Short Term Accommodation / Sand Dune Area
• Brian Stockwell: Queried a complex dwelling history in Sand Dune Problem Area; officer confirmed a multiple dwellings application was refused and a short‑term letting application also refused (28:15–29:50; Item 8.1).
• Officers: Highlights sustained application of coastal hazard controls and STA regulation in sensitive dunes (28:15–29:50; Item 8.1).
Delegated Authority Oversight
• Richard MacGillivray: Reported 39 delegated decisions for Dec 2024 with detailed addendum; transparent publication maintained (25:33–25:58; Item 8.1).
• Council: Removal of non‑delegated Kabi Rd item from the list corrected public record; underscores need for diligence in delegations reporting (30:08–32:35; Item 8.1).