Special Meeting - 5 December 2024
Date: Thursday, 5 December 2024 at 8:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 03:15:27
Synopsis: Amendment to Noosa Plan adopted w/ State submission, Housing supply advanced: 20% GFA rental bonus and zoning tweaks, Consultation endorsed, Short‑stay rules tightened, Environmental setbacks corrected.
Meeting Attendees
Councillors
Frank Wilkie Amelia Lorentson Jessica Phillips Brian Stockwell Tom Wegener Nicola Wilson
Executive Officers
Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Strategy And Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Infrastructure, Shaun Walsh
Apologies (Did Not Attend)
AI-Generated Meeting Insight
Key Decisions & Discussions Frank Wilkie secured adoption of Amendment No. 2 to Noosa Plan 2020 with modifications and authorisation to submit to the State under Minister’s Guidelines s18.4, s19.1, s21.1; affordable-rental bonus corrected to 20% GFA, not 10% (Minutes 5 & 12 Dec Item 4.1; 12:49, 03:01:56). Tom Wegener succeeded removing the proposed 7m landscape buffer on Hofmann Dr (Attachment 2, item 2.5) (Minutes 5 Dec Amendment No.2; 01:10:21). Brian Stockwell clarified setbacks for properties adjoining new Environment Management & Conservation zones: delete unintended 100m/20m buffers; normal rural setbacks apply (Attachment 2, cl 9.1) (Minutes 5 & 12 Dec Amendment No.7; 02:55:17). Jessica Phillips / Tom Wegener secured deletion of proposed change in Section 1.2 of Attachment 2 related to amplified music handling within the Noosa Junction package (Minutes 12 Dec Amendment No.12; 02:58:24–03:00:01). Amelia Lorentson / Frank Wilkie achieved inclusion of high density zoning over 4 Albert St, Noosaville (Council carpark), noting its current public parking function (Attachment 2 item 3.12) (Minutes 12 Dec Amendment No.16; 12:49). Council endorsed preparation and publication of a Consultation Report to all submitters (s18.4 MGR) (Minutes Item 4.1; 00:48–08:44). Multiple attempted amendments to retain broader single dwelling/dual occupancy entitlements in Medium/High Density zones were defeated (Minutes 5 Dec Amendments 3–4; 12 Dec Amendments 8–9; 01:14:44–01:50:20). Adjournments granted to allow councillors more time; final resolution carried 4–2 (For: Wilkie, Wegener, Stockwell, Wilson; Against: Lorentson, Phillips) (Minutes 12 Dec final resolution; 03:02:17–03:12:55). Staff reaffirmed extensive consultation: 8 weeks, 475 written submissions + petition of 600 (Attachment 1), with changes consolidated in Attachment 2/3 (00:48–07:40; 18:40–20:28). Contentious / Transparency Matters Nicola Wilson protested two-day agenda lead time and volume (167 pages), seeking deferral for due diligence; initially lost, later adjournment granted (Standing Orders 4.2) (23:15–24:43; 03:02:17–03:12:55). Amelia Lorentson / Jessica Phillips pushed to defer Noosa Junction trading hours/amplified music changes pending a precinct framework; lost after debate over equity vs. noise (Item 1.1–1.4) (32:46–01:10:02). Jessica Phillips challenged rezoning of 247–257 Gympie Tce to High Density, citing streetscape/economic impacts; lost (Item 3.12/3.13) (02:33:07–02:44:23; Minutes 5 Dec Amend.5). Nicola Wilson sought to keep Thomas St lots in Tourist Accommodation fearing body corporate constraints; lost (Item 3.9) (02:44:41–02:53:52; Minutes 5 Dec Amend.6). Points of order and tone concerns arose during the Medium Density debate; chair cautioned adherence to standing orders (01:26:00–01:27:29). Legal / Risk Process strictly under Minister’s Guidelines and Rules: State Interest Check completed; next step is Ministerial approval for adoption (07:50–08:44; Minutes Item 4.1 A–D). Kim Rawlings warned SEQ Regional Plan housing targets are monitored; failure to enable capacity may trigger State overrides (e.g., dual occupancies in Low Density) (01:28:55–01:33:32). Existing lawful use and superseded planning scheme rights preserved: like-for-like rebuilds; 12‑month window for superseded applications (01:33:32–01:46:25). Environmental zoning VCA translation risk fixed to avoid off‑site burdening adjoining owners (Minutes Amendment No.7; 02:55:47–02:58:05). No retrospective effect on tourist operations where zones change; pre-existing approvals/use rights continue (02:15:06–02:16:56). Planning Scheme, Zoning & Housing Supply Core strategic thrusts: advance Housing Strategy, strengthen Short Stay management, clarify Tourist Accommodation zone, and deliver diverse dwelling sizes (07:50–11:23; 12:03–16:43). Medium/High Density tweaks retained post‑submissions: houses accepted on lots up to 500sqm; dual occupancy consistent up to 1,000sqm; multiple dwellings still allowed—proponents’ bid to revert to blanket acceptance lost (01:17:12–01:20:05; 01:50:20). Affordable rental bonus now clearly 20% GFA; optional height bonus of one extra storey (2m) on key sites (Minutes correction; 12:00–12:03; 03:01:56). Noosa Junction Hospitality Precinct: staff path retained (level trading hours; clarified amplified music definition), but one element (Section 1.2 in Attachment 2) deleted by Amendment No.12 (43:00–44:37; 02:58:24–03:00:01). Tourist Accommodation zone review refined: some sites to High Density or District Centre to prioritise permanent housing/mixed-use; submissions led to tailored responses (e.g., Nomads site allows capped low-cost visitor uses with masterplan) (02:19:46–02:23:28). Anita Lakeland confirmed 475 submissions, 10 key issue streams, and that changes cluster across many submissions; Attachment 2 enumerates accepted changes (00:48–02:02; 18:40–20:28). Short-Term Accommodation & Tourist Precincts Short Stay tightening continues consistent with STA Monitoring Report; preference for permanent housing in strategic waterfront and centre-adjacent areas (12:03–16:43; 02:17:22–02:19:30). Nomads/12-lot Noosa Dr: High Density retained, but permits up to 40% low‑cost visitor accommodation (backpackers/motel) by masterplan; remainder for permanent dwellings (02:19:46–02:23:28; 03:00:55–03:01:45). STA definition nuance: “short‑term accommodation” under State definitions groups motels/backpackers/self-contained; Council confines added permissibility to low‑cost forms at nominated sites (03:00:55–03:01:45). Noosa Junction Hospitality Precinct (Hours, Music, Noise) Equity vs amenity: proposal evens trading to midnight; amplified music definition added for clarity; Liquor & Gaming noise compliance still applies (41:18–50:24). Precinct framework flagged for 2025 amendments, but deferral of core changes rejected to avoid prolonged inequity/uncertainty (52:41–54:34; 01:06:43–01:07:27). Environmental Concerns VCA-based rezoning to Environment Management & Conservation ensures no offsite setback imposts; normal rural setbacks remain (Minutes Amendment No.7; 02:55:47–02:58:05). Hofmann Dr buffer (7m) removed to align with intended Noosa Business Centre interface outcomes (Minutes 5 Dec Amend.2; 01:10:21). Gympie Terrace / Thomas Street / Noosaville Proposal reinforces a residential neighbourhood with local services along Gympie Tce; permanent residents to live in high-amenity riverfront areas; heritage constraints noted (02:35:08–02:43:37). Thomas St: District Centre with Main Street precinct to broaden permissible ground-floor uses and seek permanent dwellings on redevelopment; attempts to retain Tourist Accommodation on select lots failed (02:45:19–02:52:21; Minutes 5 Dec Amend.6 lost).
Official Meeting Minutes
MINUTES Special Meeting Thursday, 5 December 2024 8:30am (adjourned) Thursday , 12 December 2024 9am (resumed) Council Chambers, 9 Pelican Street, Tewantin Crs Frank Wilkie (Chair), Karen Finzel, Amelia Lorentson, Jessica Phillips, Brian Stockwell, Tom Wegener, Nicola Wilson “Noosa Shire – different by nature” SPECIAL MEETING MINUTES 5 DECEMBER 2024 1. DECLARATION OF OPENING The meeting was declared open at 8.30am. 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 COUNCILLORS Cr Frank Wilkie (Chair) Cr Karen Finzel Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Community Services Kerri Contini Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray APOLOGIES Nil. 4. SPECIAL MEETING REPORTS 4.1. NOOSA PLAN 2020 PROPOSED AMENDMENT NO. 2 - POST PUBLIC NOTIFICATION FOR FINAL STATE GOVERNMENT MINISTERIAL APPROVAL Motion Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and: A. Note the Submissions Table contained in Attachment 1 including the summary of submissions, responses to submissions and recommended changes to proposed Amendment No. 2 to Noosa Plan 2020; B. Under section 18.4 of the Minister's Guidelines and Rules prepare a Consultation Report and notify submitters of how their submission has been dealt with and upload the Consultation Report to Council's website; C. Under section 19.1 of the Minister's Guidelines and Rules endorse the changes proposed to Amendment No. 2 to Noosa Plan 2020 as outlined in this report and summarised in Attachment 2 and Attachment 3 and authorise SPECIAL MEETING MINUTES 5 DECEMBER 2024 the CEO to make the changes and any other consequential changes as required prior to submitting to the State Government with the correction of an error in Attachment 2, Page 3, Item 7, second dot point, that should read: "optional development bonuses including an additional storey (2m) in height on key sites if providing 10 20% of the total GFA as affordable rental premises"; and D. Under section 21.1 of the Minister's Guidelines and Rules give notice of a request to adopt the proposed amendments to the Minister. Procedural Motion Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and request the CEO call a Special Meeting on the 12 December and defer the matter to that Special Meeting to allow Councillors further opportunity to consider the details and implications of the Report. For: Cr Wilson Against: Crs Stockwell, Wilkie, Lorentson, Phillips, Finzel and Wegener Lost. Amendment No. 1 Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Item 1, a, b and c be added to Item C as follows: 1. With proposed changes in response to public submissions identified as 1.1, 1.2 and 1.3 in Attachment 2, to be replaced with the following: a. Retain the current hours of operation in the Hospitality precinct for food and drink outlets until investigations have been undertaken into suitable precinct management frameworks as per the Notice of Motion endorsed by Council in October 2024; b. No amplified music is to be located on site (indoor or outdoor) beyond 9pm Sunday to Thursday, unless treated acoustically to appropriate level, until investigations into precinct management framework are complete; and c. Once these investigations have been completed consider any recommendations including changing operating hours for food and drink outlets in the Noosa junction Hospitality precinct as part of a future planning scheme amendment to the Noosa Plan 2020. For: Crs Lorentson and Phillips Against: Crs Wilkie, Wegener, Finzel, Stockwell and Wilson Lost. Amendment No. 2 Moved: Cr Tom Wegener Seconded: Cr Karen Finzel That Item 1 be added under Item C: 1. With the exception of the proposed changes in response to public submissions identified as 2.5 in Attachment 2 and that this proposed change referring to a 7m landscape buffer along Hofmann Drive be removed from the amendments. Carried unanimously. SPECIAL MEETING MINUTES 5 DECEMBER 2024 Amendment No. 3 Moved: Cr Amelia Lorentson Seconded: Cr Nicola Wilson That Items 2, 3, and 4 be added to Item C: 2. The proposed changes in response to public submissions identified as 4.1 and 4.2 in Attachment 2 and be replaced with: "4.1 retain the current provisions of Noosa Plan 2020 that allows a dwelling house as accepted development subject to requirements in the Medium and High Density Residential zones regardless of lot size." 3. The proposed changes in response to public submissions identified as 6.2 and 6.3 in Attachment 2 be replaced with: "6.2 retain the current provisions of Noosa Plan 2020 that allows dual occupancy as code assessment in the Medium Density Residential zones, regardless of lot size." 4. Note the continued allowance of multiple dwellings in Medium and High Density Residential zones as allowed for under the current Noosa Plan 2020. For: Crs Lorentson, Wilson and Phillips Against: Crs Wilkie, Wegener, Finzel and Stockwell Lost. Amendment No. 4 Moved: Cr Amelia Lorentson Seconded: Cr Karen Finzel That Item 2 be added under Item C: 2. Defer consideration of rezoning properties from tourist accommodation to another zone until an assessment of the economic impacts is conducted. Lost unanimously. Amendment No. 5 Moved: Cr Jessica Phillips Seconded: Cr Brian Stockwell That Item 2, a and b, be added under Item C: 2. Include an additional proposed change in response to public submissions to Attachment 2 as follows: a. 3.12 remove 247-257 Gympie Terrace, Noosaville from the proposed High Density Residential zone and the site remain in its current Tourist Accommodation zone; and b. 3.13 all proposed amendments referencing the site be reverted back to existing wording. For: Cr Phillips Against: Crs Finzel, Stockwell, Wilson, Wegener, Wilkie and Lorentson Lost. SPECIAL MEETING MINUTES 5 DECEMBER 2024 Amendment No. 6 Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That Item 2 be added under Item C: 2. Amend Item 3.9 in Attachment 2 to read: Lots 20-28 GTP2026 and lots 1-3 GTP 2743 fronting Gympie Terrace and Lots 1-5 GTP2026 fronting Thomas Street at 185 Gympie Terrace be removed from the proposed District Centre zone and Mainstreet Precinct and remain in the Tourist Accommodation zone. For: Cr Wilson Against: Crs Finzel, Phillips, Stockwell, Wegener, Wilkie, and Lorentson Lost. Amendment No. 7 Moved: Cr Brian Stockwell Seconded: Cr Amelia Lorentson That Item 2 be added under Item C: 2. With the exception of clause 9.1 in Attachment 2 and reword this clause to provide further clarity as follows: Remove the 100m and 20m building setbacks for boundaries of lots that adjoin privately owned properties that are proposed for inclusion in the Environment Management and Conservation Zone as part of these amendments. The normal setbacks will continue to apply for side and rear boundaries for buildings and structures in the Rural Zone. Carried unanimously. Motion Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and: A. Note the Submissions Table contained in Attachment 1 including the summary of submissions, responses to submissions and recommended changes to proposed Amendment No. 2 to Noosa Plan 2020; B. Under section 18.4 of the Minister's Guidelines and Rules prepare a Consultation Report and notify submitters of how their submission has been dealt with and upload the Consultation Report to Council's website; C. Under section 19.1 of the Minister's Guidelines and Rules endorse the changes proposed to Amendment No. 2 to Noosa Plan 2020 as outlined in this report and summarised in Attachment 2 and Attachment 3 and authorise the CEO to make the changes and any other consequential changes as required prior to submitting to the State Government with the correction of an error in Attachment 2, Page 3, Item 7, second dot point, that should read: "optional development bonuses including an additional storey (2m) in height on key sites if providing 10 20% of the total GFA as affordable rental premises"; and SPECIAL MEETING MINUTES 5 DECEMBER 2024 1. With the exception of the proposed changes in response to public submissions identified as 2.5 in Attachment 2 and that this proposed change referring to a 7m landscape buffer along Hofmann Drive be removed from the amendments; and 2. With the exception of clause 9.1 in Attachment 2 and reword this clause to provide further clarity as follows: Remove the 100m and 20m building setbacks for boundaries of lots that adjoin privately owned properties that are proposed for inclusion in the Environment Management and Conservation Zone as part of these amendments. The normal setbacks will continue to apply for side and rear boundaries for buildings and structures in the Rural Zone. D. Under section 21.1 of the Minister's Guidelines and Rules give notice of a request to adopt the proposed amendments to the Minister. Procedural Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and adjourn the meeting to a later time to be determined by the Chief Executive Officer to allow Councillors further opportunity to consider the details and implications of the Report. For: Crs Lorentson, Phillips, Finzel, Wilson, Stockwell and Wilkie Against: Cr Wegener Carried. The meeting adjourned at 11.45am on Thursday 5 December 2024. Resumption date is to be advised. SPECIAL MEETING MINUTES 12 DECEMBER 2024 1. DECLARATION OF OPENING The Special Meeting dated Thursday 5 December 2024 resumed at 9am on Thursday 12 December 2024. 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 COUNCILLORS Cr Frank Wilkie (Chair) Cr Amelia Lorentson Cr Jessica Phillips Cr Brian Stockwell Cr Tom Wegener Cr Nicola Wilson EXECUTIVE Chief Executive Officer Larry Sengstock Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Community Services Kerri Contini Acting Director Infrastructure, Shaun Walsh APOLOGIES Cr Karen Finzel 4. SPECIAL MEETING REPORTS Cr Lorentson left the meeting. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Jessica Phillips That the meeting be adjourned for 15 minutes. For: Crs Phillips, Wegener, Wilson and Wilkie Against : Crs Stockwell Carried. Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell That the meeting be resumed. For: Crs Wegener, Phillips, Stockwell and Wilkie Against: Cr Wilson Carried. SPECIAL MEETING MINUTES 12 DECEMBER 2024 4.1. NOOSA PLAN 2020 PROPOSED AMENDMENT NO. 2 - POST PUBLIC NOTIFICATION FOR FINAL STATE GOVERNMENT MINISTERIAL APPROVAL Motion Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and: A. Note the Submissions Table contained in Attachment 1 including the summary of submissions, responses to submissions and recommended changes to proposed Amendment No. 2 to Noosa Plan 2020; B. Under section 18.4 of the Minister's Guidelines and Rules prepare a Consultation Report and notify submitters of how their submission has been dealt with and upload the Consultation Report to Council's website; C. Under section 19.1 of the Minister's Guidelines and Rules endorse the changes proposed to Amendment No. 2 to Noosa Plan 2020 as outlined in this report and summarised in Attachment 2 and Attachment 3 and authorise the CEO to make the changes and any other consequential changes as required prior to submitting to the State Government with the correction of an error in Attachment 2, Page 3, Item 7, second dot point, that should read: " optional development bonuses including an additional storey (2m) in height on key sites if providing 20% of the total GFA as affordable rental premises"; and 1. With the exception of the proposed changes in response to public submissions identified as 2.5 in Attachment 2 and that this proposed change referring to a 7m landscape buffer along Hofmann Drive be removed from the amendments; and 2. With the exception of clause 9.1 in Attachment 2 and reword this clause to provide further clarity as follows: "Remove the 100m and 20m building setbacks for boundaries of lots that adjoin privately owned properties that are proposed for inclusion in the Environment Management and Conservation Zone as part of these amendments. The normal setbacks will continue to apply for side and rear boundaries for buildings and structures in the Rural Zone." D. Under section 21.1 of the Minister's Guidelines and Rules give notice of a request to adopt the proposed amendments to the Minister. Cr Lorentson returned to the meeting. SPECIAL MEETING MINUTES 12 DECEMBER 2024 Amendment No. 8 Moved: Cr Amelia Lorentson Seconded: Nil That Items 3 and 4 be added under Item C: 3. Replace the proposed changes in response to public submissions identified as 4.1 and 4.2 in Attachment 2 with: 4.1 retain the current provisions of Noosa Plan 2020 that allows a dwelling house as accepted development subject to requirements in the Medium and High Density Residential zones. 4. Replace the proposed changes in response to public submissions identified as 6.2 and 6.3 in Attachment 2 with: 6.2 retain the current provisions of Noosa Plan 2020 that allows dual occupancy as code assessment in the Medium Density Residential zones, regardless of lot size. The Chair ruled Amendment No. 8 as out of order. Procedural Motion Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That the Chairperson's ruling be dissented from. For: Crs Lorenston, Wilson and Phillips Against: Crs Wegener, Stockwell and Wilkie The Chair exercised his casting vote against the Amendment. Lost. Amendment No. 9 Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That items 3 and 4 be added to Item C: 3. That Section 4. Dwelling Houses becoming inconsistent in Medium and High Density Residential Zones, be amended to read: make the use of a dwelling house consistent and accepted development subject to requirements if located on a lot less than 1,000sqm, in the Medium Density Residential zones; and make the use of a dwellings house inconsistent on a lot 1,000sqm or greater in the Medium and High Density Residential zones; encourage greater yield on lots over 600sqm where appropriate to the site. 4. That Section 6. Mandatory Small dwellings requirement in the Medium and High Density Residential Zones and dual occupancy as inconsistent in Medium Density Residential zone on lots 600sqm or greater, be amended to read: retain the current Noosa Plan 2020 small dwelling bonus provisions as optin rather than mandatory in the Medium and High Density Residential zones; make dual occupancies consistent in the Medium Density Residential zone; and encourage greater yield on lots over 1,000sqm where appropriate to the site. For: Crs Wilson, Phillips and Lorentson Against: Crs Wegener, Stockwell and Wilkie The Chair exercised his casting vote against the Amendment. Lost. SPECIAL MEETING MINUTES 12 DECEMBER 2024 Amendment No. 10 Moved: Cr Jessica Phillips Seconded: Cr Amelia Lorentson That Items 3 and 4 be added to Item C: 3. That 1.1 in Attachment 2 be replaced with the following: "proceed with the proposed extended hours of operation for food and drink outlets to 12 midnight seven days per week, including new applications and where amplified music is proposed, to be acoustically treated". 4. Delete proposed changes at 1.2 and remove the definition of amplified music. The meeting adjourned at 11.13am for 15 mins. The meeting resumed at 11.32am. Lost unanimously. Amendment No. 11 Moved: Cr Amelia Lorentson Seconded: Nil That Item 3 be added to Item C: 3. Delete Section 1.1 – 1.4, and replace with "1.1 Not proceed with proposed amendments as advertised and retain the current provisions of the Noosa Plan." and "1.2 As part of the next round of amendments anticipated to be initiated in 2025 further investigations occur considering aligning noise related provisions to State requirements such as those set by Office of Liquor and Gaming and the Environmental Protection Act and that these investigations inform any future amendments if appropriate." The Amendment lapsed for want of a seconder. Amendment No. 12 Moved: Cr Jessica Phillips Seconded: Cr Tom Wegener That Item 3 be added to item C: 3. That In Section 2. in Attachment 2, proposed changes in Section 1.2. be deleted. Carried unanimously. SPECIAL MEETING MINUTES 12 DECEMBER 2024 Amendment No 13. Moved: Cr Nicola Wilson Seconded: Cr Jessica Phillips That Item 4 be added to item C: 4. Amend the affordable rental premises definition to reduce the long term affordable rental time to 20 years and remove Items 7.2, 7.3 and 7.4. 7.2 remove the affordable rental bonus provisions from the Medium and High Density Residential zones except on the key sites being the former Noosa Bowls Club site and Noosa Business Centre; 7.3 retain the affordable rental bonus provisions over the Major Centre zone at Noosa Junction and Village Mixed Use Precinct at Noosa Business Centre and District Centre zone at Doonella Street, Tewantin; and 7.4 amend the PSP11 Provision of Affordable Rental Premises to reflect the changes that the affordable rental premises are applicable in some centre zones and selected High Density Residential Zones sites." Lost unanimously. Amendment No. 14 Moved: Cr Brian Stockwell Seconded: Cr Amelia Lorentson That Item 4 be added to item C: 4. That Item 7.2 be amended to remove the mandatory elements of affordable rental bonus provisions from the Medium and High Density Residential zones except on the key sites being the former Noosa Bowls Club site and Noosa Business Centre. Lost unanimously. Amendment No. 15 The following material was presented to the meeting in relation to this item: Cr Jessica Phillips – refer toAttachment 1 to the Special Meeting Minutes photo - 4 Albert St Noosaville Moved: Cr Amelia Lorentson Seconded: Cr Jessica Phillips That Item 4 be added under Item C: 4. Remove 4 Albert Street, Noosaville (Council carpark) from the High Density Residential zone and the site remain in the Tourist Accommodation zone. Lost unanimously. The meeting adjourned at 12.39pm for 10 minutes. The meeting resumed at 12.49pm. Amendment No. 16 Moved: Cr Amelia Lorentson Seconded: Cr Frank Wilkie That Item 4 be added under Item C: 4. Include in item 3 additional Item 3.12: 3.12 proceed with the proposed high density residential zone over 4 Albert St, Noosaville (Council owned carpark), while noting its current important role in the provision of public car parking. Carried unanimously. SPECIAL MEETING MINUTES 12 DECEMBER 2024 Council Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Strategy and Sustainability Manager to the Special Meeting dated 5 December 2024 regarding Proposed Amendment No. 2 to Noosa Plan 2020 and: A. Note the Submissions Table contained in Attachment 1 including the summary of submissions, responses to submissions and recommended changes to proposed Amendment No. 2 to Noosa Plan 2020; B. Under section 18.4 of the Minister's Guidelines and Rules prepare a Consultation Report and notify submitters of how their submission has been dealt with and upload the Consultation Report to Council's website; C. Under section 19.1 of the Minister's Guidelines and Rules endorse the changes proposed to Amendment No. 2 to Noosa Plan 2020 as outlined in this report and summarised in Attachment 2 and Attachment 3 and authorise the CEO to make the changes and any other consequential changes as required prior to submitting to the State Government with the correction of an error in Attachment 2, Page 3, Item 7, second dot point, that should read: "optional development bonuses including an additional storey (2m) in height on key sites if providing 20% of the total GFA as affordable rental premises"; and 1. With the exception of the proposed changes in response to public submissions identified as 2.5 in Attachment 2 and that this proposed change referring to a 7m landscape buffer along Hofmann Drive be removed from the amendments; 2. With the exception of clause 9.1 in Attachment 2 and reword this clause to provide further clarity as follows: "Remove the 100m and 20m building setbacks for boundaries of lots that adjoin privately owned properties that are proposed for inclusion in the Environment Management and Conservation Zone as part of these amendments. The normal setbacks will continue to apply for side and rear boundaries for buildings and structures in the Rural Zone." 3. That In Section 2. in Attachment 2, proposed changes in Section 1.2. be deleted. 4. Include in item 3 additional Item 3.12: "3.12 proceed with the proposed high density residential zone over 4 Albert St, Noosaville (Council owned carpark), while noting its current important role in the provision of public car parking." D. Under section 21.1 of the Minister's Guidelines and Rules give notice of a request to adopt the proposed amendments to the Minister. For: Crs Wilkie, Wegener, Stockwell and Wilson Against: Crs Lorentson and Phillips Carried. SPECIAL MEETING MINUTES 12 DECEMBER 2024 5. CONFIDENTIAL SESSION Nil. 6. MEETING CLOSURE The meeting closed at 1.30pm.
Meeting Transcript
Frank Wilkie 00:00.000
I declare the meeting open at 8:30am. I'd like to acknowledge that we're meeting on the traditional lands of the Kabi Kabi people, pay my respects to their elders past, present and emerging, and reiterate their continual invitation for us to join them as joint custodians, respecting and caring for this beautiful place that we all love, and respecting and caring for each other, and that all councillors are in attendance. And today's special meeting is to consider the Noosa Plan 2020 proposed amendments number two, finally, post public notification for final state government ministerial approval. And we have Director Kim Rawlings and Strategy and Sustainability Manager Anita Lakeland here for this report, as well as other supporting staff. Would you please give us a summary
Anita Lakeland 00:48.140
I'm bringing this report to you on behalf of the strategic planning team so I just want to acknowledge the huge amount of work that everyone's done to contribute to this report and the attachments and as you know it's a 167 page report so I'd just like to acknowledge Tara, Rowena, Glenn and Michelle in contributing to this report and Rebecca of course and Richard in the DA. course, and Richard in the DA team as well, and anyone else but, of course, Council. So, Councillors, this report seeks Council's endorsement of changes to Proposed Amendment No. 2 to Noosa Plan 2020, known as the Proposed Amendments, following an extensive public notification and community engagement process and receipt of public submissions.
Kim Rawlings 01:29.337
You will recall that last year January and in April 2023, two reports were brought to Council proposing the amendments on the back of implementing the recommendations of the short-term accommodation monitoring report and the housing strategy, both of which were endorsed by Council, as well as a review of the tourist accommodation zone review and other planning matters. Council endorsed those reports and the proposed amendments for the purpose of public, for per state interest check.
Anita Lakeland 02:02.001
They were forwarded to the State and underwent a really lengthy process with the State, quite a protracted process and And we finally got ministerial approval to publicly notify in April this year. Following that, Council at its meeting in May endorsed the proposed amendments for public notification. We commenced public notification in late May. For a six-week period. It was then extended another two weeks so the consultation period went from late May to late July. We undertook a very comprehensive public notification and engagement program We had public notices, media releases, radio interviews. We had dedicated Your Say page, web page. The Your Say page had 12 fact sheets. Facts and Q &As. We had all the draft amendments on there in track form as well as mapping changes, as well as a range of other explanatory material including how the provisions of the extra story for affordable housing might look in graphic form. We had undertook We had undertook seven pop-ups throughout the the Shire and we spoke to hundreds of people at those pop-ups. We had an open-door policy so people came in, spoke to us, phoned us, emailed us. Asked for meetings with us and we engaged with a lot of people through that process. We specifically notified by letter anyone with a proposed zone change as well as all the adjoining owners as well. We also notified all We also notified all the community groups, industry groups. We had an industry stakeholder briefing and a housing stakeholder briefing as well. engagement was quite extensive during that eight-week period, and we know we had thousands of hits on the USAID page and many downloads of information, so it was quite extensive. So as a result of that we've received 475 submissions, many of which addressed multiple issues. We also had one online petition with 600 signatories. All the submissions have been summarised in a table of submissions in attachment one, and that table has a summary of the submission as well as a response and then a recommendation as to whether a proposed change is recommended or not. There was a huge range of issues but we have synthesised it into really ten key Areas that some of which have resulted in recommended changes, some which have not. So the ten key issue areas are the Noosa Junction Terms are the Noosa Junction Hospitality Precinct in terms of hours of operation extension and amplified music definition, the Noosa Business Centre, short-term accommodation as an inconsistent use in medium and high density residential and centre zones. The tourist accommodation zone review with specific sites being proposed to be re-zoned. Dwelling houses becoming inconsistent in the medium and high density residential zones. The size of small dwellings Residential zones, the size of small dwellings, mandatory small dwellings in the medium and high density residential zones and dual occupancy becoming inconsistent in medium density residential zones on lot 600 square metres or greater. The affordable rental premises definition and proposed provisions associated bonus provisions including the additional height on certain sites, the environmental conservation The environmental conservation and management zone changes resulting from voluntary conservation agreements and the setbacks associated with that and community facilities zone around affordable housing there are some of those issues has have resulted in recommended changes they're outlined in the body of the report as well as in attached where they're itemised and numbered for reference there's an additional attachment three which is minor clarification and errors and this Errors and miscellaneous stuff that we've identified either through a submission or just ourselves which have no policy implication but are also listed there it's an opportunity to make those changes as well so following in terms of process following Council's endorsement of the revised amendments a consultation report will be prepared which will be made available for the public on Council's website and every submitter will submitter will be notified of that and they can search their submission number and see how their submission has been addressed and what the recommendation was and what council's decision is today. This together with some other formality reports. Some other formality reports will be submitted to the State government and for ministerial approval for adoption. So following a ministerial approval a further report will be submitted to council for final adoption. adoption. so I guess that that's an overview in terms of going through the changes we could go through the changes listed in attachment to and have a discussion around that if you like or do you want more Subtitles
Kim Rawlings 07:40.532
Do you want more detail on the changes in the attachment too, or do you want to...
Frank Wilkie 07:45.112
Oh look, we'll have enough questions, there's probably councillors who would like... So just before we do that, then I might just add to that.
Kim Rawlings 07:50.972
Thanks Anita. Just to remind council about the stage we're at, Anita has talked about the process, but I just did want to emphasise that we are at the stage of council's consideration. We follow a very clear and strict legislative process that is governed by the ministerial rules that guide an amendment process and this is the stage where it's council's consideration at this stage. We've been through extensive community engagement. This stage is not about further community engagement. This stage is about council considering all of the information. And the submissions. And weighing up all of those issues in terms of how you would like to move forward.
Frank Wilkie 08:37.829
I'm glad you clarified that. There seems to be some confusion about whether this is an opportunity for further submissions from the public.
Kim Rawlings 08:44.449
That's right. It's not. It's not. That's not the purpose of this stage. We did extensive community engagement and it was extended. This is very much now, as specified in the ministerial rules, that council is now required to consider to consider those submissions, consider any changes in response to those submissions and consider how they would like to move forward, how council would like to move forward and submit that to the State for then consideration. That is what this stage is about. So you know it's really important for you to remember that. You know you've also been involved in hours of workshops. I think we've had just under 15 hours of workshops going through each each of the issues you know this is not this has not been a rushed process we've had months and months of considering submissions you can see how many people around the table have been involved in reading all 450 submissions hours of submissions hours of discussion and analysis and consideration about how how best to respond to those submissions and the changes we will make we will make we've taken you through all of those changes step by step over a series of workshops workshops. and you know just to I guess reinforce the very strategic nature of this amendment this this amendment has a number of things in it but strategically it is about advancing your housing strategy it's also about strengthening you know maintaining your commitment to strengthening your approach to managing short stay you know two very important aspects for our community and this package of amendments advances advances those so you know would also say that the amendment process has been in chain for three years and there is a lot in this that is necessary for it to is necessary to advance for our community. We need to obviously consider all the issues that the submitters have raised, but we also need to ensure that our planning scheme continues to be a framework that guides the future. provides a strong framework to guide our development going forward. So I would urge you to consider how long these amendments have been in consideration in information as you consider this really important package. Karen.
Karen Finzel 11:23.440
Thank you. Just through the chair to the seat. A question through the chair to the CEO. Given the number of emails I've received with regards to notification of this meeting, can you just let me know at what date was it posted that this special meeting? what date was it posted that this special meeting was to happen?
Larry Sengstock 11:53.124
So we're sorry thank you through the chair we're obliged to give two days notice for special meetings but this has been official.
Frank Wilkie 12:00.164
Officially we are we notified on Monday you'll come to get the ball rolling and move the process along I'd like to move a motion it's the staff recommendation along with a technical amendment to correct a small error. So I'll read the change which is to section C under section 19.1 of the minister's guidelines and rules endorse the changes proposed to amendment number 2 to Noosa Plan 2020 as outlined in this report and summarised in attachment 2 and attachment 3 and authorised the CEO to make the changes and any other consequential make the changes and any other consequential changes as required prior to submitting to the State government with the correction of an error in attachment to page 3 item 7 second dot dot point that should read optional development bonuses including an additional store of two metres in height on key sites if providing 20% of the total GFA as affordable rental premises. The error had it at 10%. May I have May I have a seconder from this, please? Thank you, Councillor Wegener. Look, Councillors, I think we're at the pointy end of what may perhaps have been the longest planning scheme amendment process in the Noosa Council history. There are elements that were beyond our control with the amount of time that these amendments were held up with the State. We also will ingly extended the consultation period and there was the caretaker period also with the State Government. There was the number of submissions that staff went through, also the time that they spent engaging with councillors through a series of workshops, 15 hours of workshops where every element was clearly explained. So these amendments to the planning scheme seek to improve housing choice and affordability for residents and key workers. I thank the community and the industry for their patience over this unusually protracted process. Today we finally can give industry and residents some certainty about short term accommodation, provision of affordable housing, accommodation, provision of affordable housing incentives and dwelling supply. These amendments take on board the impacts of short term accommodation as recommended in the short term accommodation monitoring report and Noosa housing strategy. strategy in 2022 to further limit short term accommodation in medium, high, rural, rural and residential neighbourhoods and business centres. Incentives are proposed for landowners to provide affordable rental accommodation in conjunction with community housing providers as well as amendments to promote the construction of a range of different dwelling sizes to suit a range of budgets. providers. The amendments help ensure all residential neighbourhoods work as intended. Having taken on board resident feedback during consultation. Changing the amendments to permit houses and duplex on small lots and medium density zones up to 500 square metres and 1000 zones up to 500 square metres and 1,000 square metres respectively for houses and duplexes. Council sent these proposed amendments to the State interest review in April 2023. They were with the State until early this year and were not available for public consultation until May 2024 when a six-week consultation period two weeks longer than required was extended for an extra two weeks. the State have signed that these amendments are in alignment with and comply with state policy which includes providing for adequate lands to support housing to meet the needs of our community and economic considerations which they also meet legislative requirements. Now there is some confusion in the community that Submissions are to be taken on board in this phase. The submissions have been taken on board during the extended eight-week period. The feedback from those submissions during the formal consultation period have been worked into the final recommendations. And we are now in the decision-making phase. I thank the staff for their patience and their enormous amount of work that's gone into this, and the community and industry for their patience during this protracted period. And I endorse the recommendations as contained Any other questions or people who wish to speak to the motion? Questions please. Questions? Councillor.
Jessica Phillips 16:43.740
Thank you. Good morning, thank you very much for the reports. I just want to clarify something because I spent up to 2am going through submissions again. With what I see in the attachment, does that include the 300 people from pop-ups and the additional 80 public inquiries over the phone all through that document?
Anita Lakeland 17:07.224
Through the chair, no, unless it was a written submission, it hasn't been captured. hasn't been captured in that. So a lot of people came to us and discussed some issues and some may have put that into a written submission, which is considered in that document. Others felt their answers had been, that they got their answers throughout the engagement. And chose not to make a submission.
Jessica Phillips 17:32.328
Another question then to follow that up. So, as a councillor, I can't have, can I get that information at some point around what this, what was discussed out of those 300 pop-ups and the 80 phone calls, or is that?
Anita Lakeland 17:48.368
Through the Chair. Through the Chair. No, they were informed. No, they were informal discussions and we advised them if they wanted to take it further, they could make a written submission. So, it was more an inquiry-based discussion a lot of the time.
Jessica Phillips 18:01.572
Okay, thanks for clarifying. thanks for clarifying. So then my follow-up question around the 475 submissions that I was trying to read through last night. How many was the outcome being that the recommendation from Council? That we will make changes? Does that make sense? No. Okay, so when I was reading through it, we've got recommendations on the column that says, I think the first page, that no change be be made to the proposed amendments as a result of this submission out of the 475 submissions, how many changes did we make?
Kim Rawlings 18:40.610
I couldn't give you that number off the top of my head, Jess. We'd have to go through and... We'd have to go number off the top of my head, Jess.
SPEAKER_01 18:46.944
Attachment 2 has the changes.
Kim Rawlings 18:49.484
Yeah, so Attachment 2 lists the ones that we've made changes to and then says which ones we haven't. So it's in that, it's in that, but off the top of my head, unless any of you know what that number might be. I don't know what the split is. You will see in the Attachment 2 that there are a number of submissions around the same issue. So, you know, we might have got 80 submissions around a... you know, we might have got 80 submissions around a similar issue and there's been a change made in response to that. So Table 2 is very clear about where the submission has resulted in a change and where the submission hasn't resulted in a change in terms of the exact number. exact numbers, I couldn't give you that Jess, I'd have to go through and count them.
Jessica Phillips 19:28.130
Well I tried to count them just given that I went through each one and then highlighted where we changed and where we didn't. And I don't want to quote Because it might not be right. I was hoping you would. But I had 18 changes. So I guess my follow-up question to that is would it be common out of 475 submissions that we would only make such a small change? Change from the community's voice? Yeah, like I just said, we had about, you know, on some issues, 18 issues resulting in changes. It's fairly substantial changes. It's not like there's just 18 changes. There's a group of changes. There's a number of changes through the scheme. And we may have had 80 submissions on one of those changes. So 80 submissions could have resulted in one change. So it's not accurate. It's not accurate to say we've made 18 changes in response to 18 submissions. We've made 18 changes in response to 450 submissions.
Frank Wilkie 20:28.126
Just to clarify, that's because there are similar themes that arise through the 400 submissions.
Amelia Lorentson 20:38.040
Councillor Lorentson. Just in terms of the attachment with the list of submissions, I might have missed it but that was the first time that that came to my attention. Was it the first time that the councillors were privy to the submissions, the 136 page submission?
Kim Rawlings 21:02.098
Yes as a consolidated lot, yes that is the first time you've had those submissions. Obviously many of you were forwarded many of the submissions, many of you forwarded us many of the submissions so you have had some of them and we also went through the submissions.
Amelia Lorentson 21:25.420
And just for clarity, workshops are not decision-making forums, is that correct?
Kim Rawlings 21:31.780
Yeah, that's absolutely correct, yeah.
Amelia Lorentson 21:36.340
And again, for clarity, and only because this is always brought up in community where councillors have workshops and there's... implication that we, the reports that come in front of us are endorsed by us, the level of detail that is in front of us today, that often gets provided in the reports, is that correct?
Kim Rawlings 21:58.712
Yeah, the reports do often contain a lot more detail because they've got a lot more attachments things. I never... Yeah, I absolutely have not suggested or meant to infer that workshops are decision-making, they are not, but what they are is an opportunity to take you through the range of issues that have come up, take you through the issues that have come up through submissions, put a range of options and workshop them, which is
Frank Wilkie 22:34.580
Any further questions? Anyone wish to speak to the motion? Move the amendment.
Nicola Wilson 22:41.400
Councillor Wilson. Can I move a procedural motion to...
SPEAKER_01 23:03.660
Is there a seconder?
Frank Wilkie 23:06.160
I'll second. Seconder, Phillips. Councillor Wilson, you have four.
Nicola Wilson 23:15.660
Thank you. Our standing order is 4.2. State that agendas should be made available to councillors as early as practical to allow councillors sufficient time to consider items on the agenda. When we had the workshops, our final workshops on this matter, I did request that we get more than two days to be able to read the report. And at that time, I had no idea how extensive that report would be. We have worked through workshops on summaries of the submissions and the issues and the proposed recommendations. But this was the first time we actually got to read those submissions in detail. And I feel like I'm not able to do I feel like I'm not able to do my duty as a councillor without being able to read those more thoroughly. So I've spent a lot of time the last two days reading those submissions, but I'm still not sure I can really hand on heart say whether all of those submissions have been addressed in the report and therefore whether I agree with some of the recommendations made. I have made raised concerns before about having special meetings and only having two days notice and partly because councillors do have other commitments in the diary and that makes it very difficult to actually drop everything and read 167 pages thoroughly and really understand them. So yeah, I really feel like I'm not doing my due diligence as a councillor if we to vote
Frank Wilkie 24:43.040
Councillor Stockwell.
Brian Stockwell 24:44.280
I'll give the alternate view. The alternate view is in reading the report and looking at the attachments, I have no new information information that I didn't receive as part of the 15 hours of workshops. The staff have accurately portrayed verbally what the key issues are. The staff have clearly articulated what the issues raised in the 457 submissions were in a clear and concise way. The report is clearly set out as to what are the substantive changes from that which was advertised and the reasons for it. As a council we sit here as a board making strategic decisions. I'm of complete faith in the strategic planning team that they have accurately and fairly assessed all the submissions as a result of the community's input which has been stated was an extensive opportunity. There is nothing in this report or the attachments that are at variance with the report. attachments that are at variance to what has been verbally advised to councillors in the several workshops and nothing in terms of what's been recommended change that has come as a surprise. What this vote will come down to is clear, some councillors have identified just a few issues where they would like to see a different approach. That's what we should be discussing today. The need to read every word of the large submissions table is a choice you make. The ability to to assess those, to rapidly look at those submissions, to check what the applicant or the submitter said and to look what the response and to see that's consistent with what's in the report is something that didn't take me many hours. It's something perhaps I've got a fair bit of experience that I could do within a reasonable time frame since this agenda came out and I believe as staff have said we've had an extended period and now we're looking at what are the key changes as a result of. a result of submissions and I think that is something that should be we should take time today in analysing and determine at the end of the proceedings whether it is necessary to defer because from my understanding I think the most councillors around the table are very clear about
Frank Wilkie 27:19.060
I have a technical question if there's some procedural motion lapses are we able to and we have an open discussion and all questions are asked and information can be shared at this opportunity is there an opportunity there an opportunity to move another procedural motion to refer at the end of rather than the start of this okay so I'll speak to this motion of the stage I think for us to shut the meeting down now and move it to another date before all councillors had an opportunity to ask all the questions they want ask in an open forum with a gallery and live audience I think it's a missed opportunity and it's akin to gagging debate and it will be a missed opportunity. so if at the end of today's session there is still appetite for deferring I think that would be the time to move a deferral motion so at this point I'm not going to support this procedural motion
Tom Wegener 28:29.540
Yeah this was the plan today that's my understanding was to go through we have our fantastic staff here today we got plenty of time let's let's just go through ask our questions before the deferral we we all have we all have some questions to ask let's let's move through this let's let's take advantage of this opportunity instead of just deferring it for a few days. Councillor Lorentson: I also agree.
Amelia Lorentson 28:55.215
We've already flagged that there will be a deferral motion up for debate at the end of the meeting. Again, I think let's not waste, you know, this really good opportunity to discuss and understand better the decisions that we're postponing for next week to make. This is an opportunity I think we
Frank Wilkie 29:22.097
Any other councillors wish to speak to the motion? Just to clarify, is there an opportunity to suspend the standing orders while discussion we do the and the questions? Just in answer to your question Councillor Finzel, standing orders allow questions to be asked as part of the formal debate as well. Any number of questions? Any number of questions that you have, you're free to ask.
Karen Finzel 29:49.699
Thank you Mr Mayor, I was just seeking clarification on the process.
Frank Wilkie 29:53.159
Thank you. Any other councillors wish to speak to this procedural motion? Councillor Wilson, do you wish to close?
Nicola Wilson 30:07.039
Yes. The reason I raised it now was it seemed like we were about to start putting through amended motions. I didn't feel equipped for that part of the debate at this point and so I'm still seeking time to actually keep on reading the submissions that we've had. And therefore I've had questions answered by email and satisfactorily but I don't necessarily see the benefit of having questions through a debate when there's still information that I'm trying to read and absorb.
Frank Wilkie 30:41.968
I'll put it to the vote. Those in favour of deferring? That's Councillor Wilson. Those against? That's Councillor Finzel, Stockwell, Lorentson, Wegener, Phillips and Notions lost. So we go back to questions or amendments. If any councillors wish to test amendments. I will. I'll test an amendment. Which one do you have for me? Kabi, thank you. That item C be amended to read C under section 19.1 of the minister's guidelines and rules. I might just read my changes if that's okay. With proposed changes in response to public submissions identified as 1.1 and attachment 1 to be replaced with the following. A, the current, this is in regards to Noosa Junction Precinct, operation of hours and definition of amplified music. So with proposed changes in response to public submissions identified A. Retain the current hours of operations in the hospitality precinct for food and drink outlets until investigation is completed. drink outlets until investigation have been undertaken into suitable precinct management frameworks as per the notice of motion endorsed by council on October 2024. B. No amplified music is to be considered on site indoor outdoor beyond 9pm unless treated acoustically. No amplified music is to be considered on site indoor outdoor beyond 9pm unless treated acoustically to appropriate level until investigations into precinct management framework are complete and C. Once these investigations have been completed consider any recommendations including changing operating hours for food and drink outlets in the Noosa Junction Hospitality Precinct as part of a future planning scheme amendment to the Noosa Plan 2020 it supposed to have the word "no" at the bottom?
SPEAKER_01 32:46.305
Is it not to be located in the middle of the floor? No, no, no. Okay, we have a seconder for Councillor Lorentson's amendment please. I'll second. Councillor, Councillor Lorentson.
Amelia Lorentson 33:01.145
The proposed planning amendments have caused some concern... I just think what I've put in front of us is a more balanced approach that considers both the interests of residents and business owners. Residents have come, made deputations, submitted feedback and have expressed concerns about potential noise and disturbances from extended operating hours of food and drink, maintaining the status quo until, or allowing time for thorough investigations or into suitable management frameworks. I believe is the better forum to address these, the possibility of extending the hours. I think we need to really understand the real impact of the proposed changes. That needs to be fully understood. And there's lots of other things that we need to understand. I think I sort of started when I read this, I needed to understand what is the data? What are the implications? If we do extend the hours, what does that mean in terms of how many more restaurants? And part of my research, I discovered that a lot of these businesses have interchangeable use rights. And these interchangeable use rights mean that you can have an adult shop or an office or a healthcare service that can vary the business types at any And what I was concerned with, if we allowed operating hours till midnight, does that mean that we may have healthcare services open till midnight? And these interchangeable rights. We may have adult shops open till midnight? So I really wanted the opportunity to unpack. Also, in terms of the amplified music, that also raised a bit of concern with some of the small businesses. In specifically the requirement that the sites have got to be acoustically treated to appropriate levels. Again, my amendment requests deferral and to revisit this when we look into investigating precinct management frameworks. I believe that we've not adequately consulted with the small business owners, particularly... with this part C, sorry part B, in terms of acoustically treated levels. I think including a provision like this without thorough consultation may present, you know, sort of onerous requirements on small businesses. I just think that we risk just causing a bit of division in the community and creating, um just angst amongst the business, small business owners. Um... Small businesses need our support, and I think that support must include a thoughtful understanding of how these sorts of conditions can impact and potentially jeopardise their operations. So, um, what I urge is a deferral, um, and that we look at this and we talk, consult with stakeholders, residents and business owners as part of our investigation into precinct management, um, frameworks. Management, Brainworks. Mr. Councillor Lorentson, just to move things along, I really appreciate what Councillor Lorentson's trying to do in terms of investigate further what needs to happen down there, but I think deferring just adds to, deferring is. is going to drag out an inequitable situation that's existing down there that we're trying to address and add to the confusion. So currently the inequity we're trying to address is that some businesses can operate to midnight, others cannot. This amendment seeks to make it 12 midnight, seven days a week for all businesses in the junction. This amendment seeks to. Also, it also seeks to give some certainty about amplified music down there because the current. current hours in the current planning scheme, they're a little bit ambiguous, hard to understand. Now, if we ratify the amendments today, that does not preclude amendments today, that does not preclude further investigations being done. There will be some certainty until any changes that need to be done as part of future planning scheme amendments to the Noosa Plan 2020 are done. if we ratify it today, we can have some certainty, address an inequity, we can do the investigation and make any future changes that come out of that investigation as part of future planning scheme amendments. So, I'm not supporting this amendment because I believe it will allow an inequity and confusion to continue to exist in the junction and it doesn't stop future investigations taking place. So, I'm not supporting this.
Brian Stockwell 38:24.257
I just have a question. There was some changing in what was on the screen and the whole motion wasn't read out. And I suppose it has to be to staff because I know you assisted it. The item refers to the proposed changes in response to public submissions identified as 1.1 in attachment 2. item 1, there is a 1.1, a 1.2, a 1.3 and a 1.4. The way Councillor Lorentson The way Councillor Lorentson was speaking, I presumed that she was thinking that items 1.2, 1.3, 1.4 are also being amended, but that's not how the motion reads. Can you clarify please?
Kim Rawlings 39:13.172
Yeah, Councillor Stockwell, you're correct. That is what the intention of what Councillor Lorentson was hoping to achieve is my understanding, Councillor Lorentson. So that we need to capture in a 1.2, 1.3, just that, 1.2, 1.3. Thank
Brian Stockwell 39:42.413
The council has to be happy with that thing.
Frank Wilkie 39:45.093
You're happy with those changes, Councillor Lorentson? Thank you very much, yes. No, the whole council is happy with that. All right. All councillors happy with that technical amendment to make it more accurate and correct? I don't think it's about you sort of talking about it. I sort of agree. Just in consensus.
Jessica Phillips 40:05.002
Could I just seek some clarification maybe? Just when I think about the junction precinct, I feel like there's two elements to that. There's the amplified music and then it's the trading. The Current proposed amendment to bring everyone on par with the music. Does Councillor Lorentson, it's probably a question to you, does this bring the music, amplified music, on is this to address that every site should be on an equitable playing field? separate things. Can you clearly tell me how this motion defines the two, please? So that
Kim Rawlings 41:18.920
Councillor Lorentson is seeking to address two things. One is the hours of operation, which is the level playing field. playing field that the Mayor spoke about. And then two is how amplified music is treated going forward in the junction. This motion seeks to pick out both of those. There's two separate amendments in the planning scheme. separate amendments in the planning scheme and defer them until precinct-wide management considerations are done and that both of those things, hours of operation and how amplified music is treated, are dealt with at a later stage. Thank you for clarifying that. So are you comfortable with 1.1 and 1.2 and 1.3? I am
Jessica Phillips 42:02.197
Yes. Thank you for the clarity.
Frank Wilkie 42:03.757
Councillor Finzel?
Karen Finzel 42:04.737
Yes, thank you. Just for clarification around the process, and I guess it's a question, I guess, through the chair to the CEO, it could be staff. In our readings, it says any change to... change to the extent the hospitality precinct would be considered a significant change and require further public notification, and therefore cannot be considered as part of this amendment process, I'm just concerned... I'm just concerned, like, I like where Councillor Lorentson's going with this, to, like, get clarity on a complex issue, which would also include going back to community consultation, and we need to do that in a meaningful manner, so is this part of the process that we should be, like, debating this matter today, or is it too significant? this matter today or is it too significant and it should be deferred to another time?
Kim Rawlings 43:00.141
Thanks for the question. Good question. Just for clarification, the reference to the change to the hospitality precinct being a significant change was about a submission that requested an extension of the boundary of the hospitality precinct to be included in the precinct. That was considered a significant change. So it actually refers to a different issue, Councillor Finzel.
Brian Stockwell 43:27.414
Further clarification, in summary, table 2. We have, as I mentioned before, 1.1 to 1.4. On the left-hand column, it says introduce a new definition of amplified music to enable application of the same provisions as live music to amplified music. Does this amendment, in your opinion, affect whether that...
Kim Rawlings 43:56.660
No, I don't think so. I think it's still necessary to have clarity around the definition.
Brian Stockwell 44:03.500
So just to carry that, the omnibus recommendation would still cover that definition. It just did something mentioned on the right-hand column, so I'm wondering if it is picked up as a recommendation.
Anita Lakeland 44:27.540
It's not listed in the right-hand column because there is no proposed change to what was proposed. Which is a definition for amplified music. That's why it's not listed.
Brian Stockwell 44:37.373
That was in the amendments that were made to the public? Yes. Thank you.
Amelia Lorentson 44:42.913
So just a question, so if this amendment doesn't go through, my question is, what are the... implications if we do allow businesses to operate till midnight, understanding that a lot of these businesses have interchangeable use rights? And can I first ask two questions?
Kim Rawlings 45:04.447
Can you clarify what interchangeable use rights are and whether, what I said earlier, you know, an office or a cafe that's operating today could potentially change its use to an office at our child health service store with without my understanding is they don't need to come to council for approval that that interchangeable use right allows them to do it and to provide flexibility and I think that's great but I again I think it's important that we understand the economic socially implications excuse me so my question is in can you give me numbers how many businesses are we going to see in the next four years or the next 12 that are going to be operating till midnight I'm going to go to your previous question first around around what it means to be able to interchange business uses in a centre zone in Noosa Plan 2020 we made substantial shift to enable flexibility for businesses in centres to be able to change you know over time change tenancies so if you originally opened up a an office and then over time wanted to change that to a cafe you could do that without needing to apply to council again in terms of hours In terms of hours of operation that that specifically relates to food and drink so it doesn't relate to hours of operation to a adult shop or a health food shop or an office so it does that the hours of operation don't carry over if you change use this is specifically to food and drink.
Michelle 46:52.770
Just also I'm harking back to another question that was in what you talked about in terms of what it actually means to change the hours and Michelle can I ask you to talk to that and then I'll loop back to the question of numbers if it's still needed so through the chair so with the interchangeable use obviously they don't come to council but they do need to come to council but they do need to it's called accepted development subject to requirements and there's specific requirements set out in the table of assessment in the planning scheme and they're acceptable outcome provisions and they still have to comply with those acceptable outcomes in the planning scheme so it's not just changing and then they can do what they want to they really still need to comply with those acceptable outcomes in the planning scheme. one of those acceptable outcomes so if they wanted to change from an office to a food and drink and they comply with all those AOs in the planning scheme they don't need to come to council and one of those AOs would be that new change to operation hours so they could operate till midnight seven days a week but obviously they need to comply operation hours is With provisions in the planning scheme under that AO around those noise conditions thank you that's great explanation sorry one more point of clarification I think it's the last one point three which has is now now been being deleted in terms of the submission recommendation, read, "Amend amplified music provisions to apply to inside and outside the venue, unless acoustically treated in appropriate levels.
Brian Stockwell 48:31.972
Can you explain me what not including that in this amendment does in terms of, is there loopholes we're trying to address, what was the reason that amendment was put through, and what would be the implications of the change?
Michelle 48:46.431
Through the Chair, that change would allow, currently under the planning scheme, the operation hours for amplified live music only apply to outside a venue and not inside, so this was ensuring that both inside and outside the venue, that operation hour would Just to follow up, so the problem being addressed is the noise nuisance, and that noise nuisance can come just as much from inside as the doors open, only to be treated as it can from on the outdoor dining area, is that what we're talking about?
Brian Stockwell 49:19.832
That's correct, yes.
Amelia Lorentson 49:22.915
Can I ask, have the property owners, those that do have live music inside their premises, are they aware of this change?
Michelle 49:36.595
So this change was advertised? Oh, that wasn't advertised, no, so it would be an amendment, but currently the noise issue is obviously through Liquor Licensing and Gaming, and they're the compliance authority, so in terms of the provision, they still need to comply with the Liquor Licensing licensing approvals today. So we're just saying that they need to comply to the liquor licensing rules regardless. We only look at operation hours. So the noise provision is still compliant. They still need to meet those requirements under liquor licensing in terms of noise.
Amelia Lorentson 50:19.497
So is the inclusion then redundant? Do we need it?
Michelle 50:24.957
I think through the chair, it just provides more clarity and certainty around what's in the plan. That issue we have with the confusion around liquor licensing and operation hours and where an amplified music, I think it just provides clarity for people. amplified noise leaving the site, whether it's inside or outside, needs to comply with the liquor licensing provisions.
Amelia Lorentson 50:46.180
Would deferring consideration of these changes to a future planning scheme, probably my question is, when is the next package? when is the next package of planning amendments going to council? But that needs to be made clear, because again, I think there's a misunderstanding that we've got to wait four years. The deferment could be until next year.
Kim Rawlings 51:14.083
Yeah, look, as councillors would know, this is a continuous process. We are always updated. always updating, reviewing, maintaining the planning scheme, so we already, even though this amendment package is not finished, we've already started the list of the next round of amendment package. So it is a rolling cycle. I can tell you that for the sanity of these fabulous people, we won't be starting that until this one's finished, but it's a roll, you know, it's not another four years away.
Amelia Lorentson 51:49.871
The process will start next year, but this one's taken In terms of the notified motion, Kim, so we've endorsed through Council notification, notified motion to investigate precinct management frameworks and we've had, we've actually done quite a bit in that space at the moment. Would, in your opinion, would deferring these two matters and bringing them two matters and bringing them to a business framework discussion with all stakeholders, residents, business owners, small businesses, impacted residents, not impacted residents, would you consider that to be an appropriate forum? To tease out or at least understand the implications of what's been suggested.
Kim Rawlings 52:41.943
I'm not going to exactly answer your question. What I will say is there are a couple of things to balance here. Yes, absolutely, looking at a precinct-wide approach for the issues at the junction is a great strategic way. To look at the issues and the nature of businesses, noise, impacts, hours of operation, all of that will be part of that consideration. But balancing that, we have got some inequities and not a level playing field that is occurring at the moment for businesses in the junction. The original intent of this amendment was in response to business needs in the junction, so these amendments seek to be responsive to that. So deferring them them could also have implications to businesses who currently say they can't actually properly function. For instance, businesses that are lucky enough and popular enough to be running two sittings, they can't actually function. Within the hours. So there are a range of things that need to be considered here about, you know, which is the which is the kind of best approach, you know, so these members would respond to that. And given we are And given we are, there's no certainty around the timeframe for this next phase of the process, around the precinct management approach and future amendments in terms of timing, I think, yeah, I'm avoiding the answer because you need to weigh it up.
Amelia Lorentson 54:34.062
Can I ask, I think we had an application to council a few years back. One of the restaurants, Herbert, excellent restaurant, unfortunately, no longer their excellent restaurant, but at the time they came to council and requested extended hours. Can that still be, given that even if we endorse the amendments today, there is still a process. So, it still has to go back to state, public interest, like there's a process before these are actually ratified and up and running.
Kim Rawlings 55:05.811
Yeah, there's definitely a process. Yeah, there's definitely a process still to go. It's got to go back to the State for consideration, Minister, and then back here. So, there's some months. Richard, do you want to talk about the process, the DA process?
Richard MacGillivray 55:19.438
There is obviously a process where anyone can apply to seek a variation or a change of use or a change to their conditions. Obviously, that has to be assessed on its individual merits in terms of what scheme objectives are being sought. Obviously, are being sought. Obviously, you know, it's, in our view, it's better if the scheme is leading what those expectations are as opposed to, you know, specific sites noting that you've got to look at the wider context as part of that assessment. But it doesn't preclude any applicant lodging an application at any time, and we'll have to assess that on its merits.
Frank Wilkie 55:55.289
If an applicant wanted to take that course, wouldn't there be money involved? Whereas if we gave them the certainties from the planning
Brian Stockwell 56:10.110
Sorry, I did find another one that I think was a consequence of the amendment that is something we need to think about, and that in 1.2 it has similar words to be, except in 1.2 talks about that applying from Sunday through to Thursday, so if this amendment was to go through it would mean new businesses could only operate at 9pm seven days a week, rather than the current requirements in the current scheme that allows extra operating and music after the hours of 9pm on Friday and Saturday, and would that be a reduction in... Would reduce they couldn't go to 12pm Friday so they caused a test and come now on my music is located on site beyond non-ping but it hasn't doesn't specify any different arrangements for Friday and Saturday night does it no that was pretty was pretty much much my my question question at the very start because i was trying to clarify whether this changed the trading hours or the amplified music hours because of that exact i just didn't answer it i didn't answer it the way i wanted it to after a late reading amendment so um sorry can i have some clarification around that please that's a big that's a That wasn't the intent of the motion.
Amelia Lorentson 58:02.309
There was no intent to reduce the hours, so I think that was just a little sleep, communicating in the middle of the night, and this is the outcome and this is why a deferral motion and And respecting what Councillor Wilson said before, that we really need time to digest. But no, that's just an error that was supposed to be included.
Jessica Phillips 58:31.172
I want to support everything that Councillor Lorentson said, I just want clarity around the operation hours in it. That's all I'm asking. think everything makes sense.
Amelia Lorentson 58:42.654
Can I ask through the Chair whether Council would make the changes, the technical changes, to catch up that there is no reduction in amplified music over the weekend, that that status quo remains? We'll pick up Councillor Stockwell, thank you. Are we all happy? I'm not the one in terms of changing the midline, but if that was the intent, we'd better capture it. Thank you. By nods? Yep.
Karen Finzel 59:29.440
I'm a bit uncertain. I just want to make sure that if we're going to proceed forward with debate and discussion around this, that we do have that wording correct. I do feel a little bit unsettled. I feel it's a little bit like on the hop. I feel personally I feel personally more comfortable if we, yeah, were respecting the proposed changes in response to public submissions, like even with the removal of 1.3 of the Amplified Music Provisions, I'm happy to move forward if I'm happy to move forward if people are happy with this wording. I just feel that, like Chris said, I feel like we're trying to address a broader complex issue around a precinct management framework that I personally feel could be better if it was offline and we were actually, you know, really taking on board what the public submissions have said about this, the complexities that even ourselves here at the table are going. Is that amplified music? Is that operating hours? I just feel personally that we're getting into, you know, real policy changes, looking at management precincts, which is a huge body of work, which includes consultation, meaningful process again. So I just want to make sure that if we're going to continue this debate and questions that I'd like to see through the staff that they're comfortable with that wording, that we have worded it correctly to continue the debate reasonably. Can I just confirm that the proposed amendments relating to the hospitality precinct in Noosa Junction, related to hours of operation and saying amplified music, is I think what this that we retain the current provisions and we don't move forward with those changes until a precinct approach has been done. I think it might be just one alternate recommendation, which is what I'm thinking. That's spot on.
Amelia Lorentson 01:01:40.095
It's basically horse spelling not that this is going to not happen I believe in equity so so you know I operations of hours I would love to see that happen but I just feel that at the moment okay so but I'm responding to the answer that is the intent Anita so retain the status quo and give further consideration and also opportunity to speak to the potentially effective property owners in terms of the acoustic treatment and in response to Councillor Finzel respect what you're saying but what I've proposed is actually a reflection of those very very many submissions that are made in 136 pages for the adjoining residents that are concerned of impacts and so I think So I think this is the balanced or more, the balanced approach. It respects feedback from the residents in the surrounding surrounding areas and it also respects property owners who I've been notified in the last 12 hours. Thank you. Councillor Finzel.
Karen Finzel 01:02:57.241
Yes, question through the Chair to Councillor Lorentson. Thank you for the clarification. you for the clarification and the intent. That's made it much more easier to understand where we're heading.
Amelia Lorentson 01:03:08.550
So question, are you prepared to change this with the recommendation from the staff for the wording to wording to make this more succinct to represent your intent absolutely happy retained status quo and further consideration is the intent and again really making clear that future planning scheme amendments have already started, so this can be included.
Frank Wilkie 01:03:37.251
Just to dispel any confusion that may be occurring here, is the staff's position that the planned amendments about music to 9pm on West Acute Street and 12 midnight already responds to business and resident submissions. And this would defer implementation of an amendment that responds to residents and business submissions.
Kim Rawlings 01:04:08.269
The staff recommendation is as per the report to proceed.
Frank Wilkie 01:04:13.409
And this is saying we would not implement the staff recommendation. We would defer the staff recommendation.
Brian Stockwell 01:04:23.630
Can I speak to the motion? What we have in front of us now is basically 1.2 and 1.3 just stated in different terms. Yes. So the only... the only substantive change that this amendment is 1.1. So the substantive change now is that there is a change to the music requirements, so that it's 9pm Sunday to Thursday. What's not changed is the increased operating hours from 10 o 'clock to that is something that we did get lots of submissions on, and I believe a lot of the submissions were based on the thinking that that would also allow music to go from 10 to 12 o 'clock. So this is one that I hadn't made up my mind, whether it's a good thing or a bad thing. The argument is, if you have a nice quiet restaurant is, if you have a nice quiet restaurant, that's popular, they get to trade for midnight, which is a, you would want to put them through a large planning process. The reciprocal argument is, even if they're acoustically treated, if they're getting out and getting in their cars after midnight, that does disturb So I'm going to listen to the debate.
SPEAKER_01 01:06:03.840
Are you changing your amendment? We've given, there's new words. Oh, with the new words, that would be great. Thank you. Do we have to say we're all agreeable to that amendment? Oh, we've done that. Thank you. I'm going to just put them up.
Brian Stockwell 01:06:17.280
No, we couldn't do that. What? We couldn't do that.
SPEAKER_01 01:06:19.720
Well, no, I don't think so either. We couldn't change that to that? No, I don't think so. No. Oh, we're going to debate it. So you can move that again next. Yeah. If it's deferred to next week, then move it again. Yeah, we can just, yeah.
Tom Wegener 01:06:43.717
It seems to be clear that going through the whole process, we want to iron out the lumps, the unequal playing This amendment actually, the original amendment, not the motion here, settles that. And I think that moving forward with what Amelia wants to do with the hospitality precinct, well, you can base it actually on a structure of a level playing field. So let's get to the level playing field, exactly what has been asked for by the community for years now. And so that's what the amendment gives us, so just stick with that. Thank you.
Frank Wilkie 01:07:19.670
So just to clarify, the amendment you're referring to is the staff recommendation? You're not supporting this?
Tom Wegener 01:07:27.478
No, I'm not supporting this. No, This is the motion. This is the amendment. This is the amendment.
Frank Wilkie 01:07:33.858
It's the amendment that relates to the planning scheme. Question cancelled. Now can I just close, if that's alright? Perhaps if no other councillors wish to speak. Yes, you may close, Councillor Lorentson.
Amelia Lorentson 01:07:49.367
So, Councillor Wegener, I'm not disagreeing with what you're saying. What I'm asking is that there is confusion still out in the community in understanding what actually is being proposed. So, the amendment seeks to allow community residents to understand what's actually being proposed. I don't think that that's been made clear. So, not disagreeing with the equal level plan, not at all. All I'm saying is can we just put it on post. We have another process underway, an investigation and a precinct management framework where intent of that is for every stakeholder to sit around a table and to discuss in a community manner the importance of live music, the importance of a good importance of a good night's sleep and the importance of getting along. I just feel that by not supporting this motion we're going to be creating division, uncertainty and fear and in Uncertainty and fear and in terms of small businesses what I'm so concerned with is that I have been notified that business owners are unaware of these changes and we're playing with their business. I know that you know it's encapsulated under the liquor and gaming regulations but as it's worded Regulations but as it's worded it's if I'm a small business owner I'm thinking isn't the role of council to support small business and reduce regulation are we and I'm not saying we are but I'm saying are we through our wording actually giving the you know giving them misconception that we're making it hard for businesses to operate not easier so the amendment is not that it won't happen it's just can we put it on pause look at it as part of just putting it on pause, look at it as part of the investigation precinct management plan or just look at it as part of a future planning amendment which starts next year. It's just putting it on pause for a few months, not that it's not going to happen.
Frank Wilkie 01:10:02.871
In favour? Councillor and Councillor Lorentson. Those against? Councillor Finzel, Stockwell, Wilson, Wegener and Wilkie. Amendments lost. Do we have any other amendments? other amendments? Councillor Wegener.
Tom Wegener 01:10:21.515
There is. I have my little amendment which is just concerning the, we'll find it up here. Concerning the Noosa Business Centre up there. We discussed having the 10 metre That item 2 be added to item C2 with the exception of the proposed change in response to public submission 2.5 in addition to attachment 2 that this proposal change referring to 7 to a 7 metre landscape buffer along Hofmann Drive be removed from the amendments and we've discussed this in the various meetings. We don't think that that's actually what came out of the meeting and so we just want to go back to the original amendment because that that's what we feel so
Jessica Phillips 01:11:33.840
This might be a bit quick now, I'm just going to show support for this because I also agreed and then that will move this one along.
Frank Wilkie 01:11:39.980
Just clarifying that no decision was made? No. In the workshops? Oh no, yeah. Consent. And I'll just use my opportunity to speak to say that there was, my reaction was there was say that there was, my impression was there was, among councillors, there was a variety of views around the title. What we're looking at is the staff recommendation, not the consensus of the councillors. I just think it's very important to make that.
Brian Stockwell 01:12:14.880
It's a complicated issue that currently relates to an application. There is a diversity of opinions about how to achieve the overall objectives. In that area, but because it's an appeal, I think the amendment that Council proposes is probably the...
Frank Wilkie 01:12:43.520
Does anybody else wish to speak to the amendment before Councillor Wegener used to call this council meeting? No, thank you. Okay, I'll put the amendment to vote. Those in favour? That is unanimous. Do we have any more proposed amendments, Councillor Lorentson?
Amelia Lorentson 01:12:58.020
I have another amendment in relation to medium density residential zones. But items 2, 3 and 4 will be added to item 2. The proposed changes in response to public submissions identified as 4.1, 3.2, .1, 3.2 and attachment 2 and be replaced with 4.1 retain the current provisions of Noosa Plan 2020 that allows the dwelling houses accepted development subject to requirements in the medium density residential zones. Is this the correct wording, Kim? I'm unsure if this is the correct wording. It is? Regardless of lot size, can I have regardless of lot size added to 4.1? Yeah. And three, the proposed changes in response to public submissions identified as 6.2 and 6.3 in attachment 2 to be replaced with 6.2, retain the current provisions of Noosa Plan 2020. That allows dual occupancy as code assessment in the Noosa medium density residential zones, regardless of lot size.
Frank Wilkie 01:14:38.045
Seconded by Councillor Wilson. Seconded by Councillor Lorentson.
SPEAKER_01 01:14:42.385
Thank you.
Amelia Lorentson 01:14:44.431
This particular planning amendment has caused widespread concerns across the Shire from Noosa Heads all the way to the Hinterland. There was a petition presented to Council with over 600 signatures and multiple deputations. deputations to Council highlighting strong community opposition to these changes, particularly in the medium density zones. Residents feel that these changes have created confusion and fear. economic and social impacts they don't believe and I don't believe are fully understood. What has been requested through submissions and deputations is for the status quo to remain that allows single dwellings or duplexes on their land regardless of lot size to remain. Resonance. Residents have expressed and submitted feedback that there was lack of proper notification and they have also expressed that this amendment in particular and I'm quoting- was an erosion of property rights and a threat to Noosa character, a community character. They strongly oppose the restrictions on rebuilding single dwellings on medium density land. Property rights density land, a property right that has been held long in Noosa. Many believe that the changes unfairly shift the responsibility for addressing housing issues onto individual landowners. The residents also make clear that they do support addressing housing supply, they do support diversity and affordability, they just reject an approach that potentially undermines their property rights. So the amendment in front of us reflects what I believe the community are asking for, which is that council preserve their property rights and achieve a balance by retaining the status quo and still allowing multiple dwellings in medium density as an opt-in and additional right. Thank you.
Frank Wilkie 01:16:57.124
Christian Casanova is quite correct. We did receive a lot of submissions on this. Could you, when there were changes made to the proposed amendments as a result of the submissions, would you please articulate what those proposed changes were in response to the submissions?
Anita Lakeland 01:17:12.889
So there were two proposed changes. One was that we recognised that on lots of 500, up to 500 square metres are small and it may be difficult to get a dual occupancy to work Consistent on lots up to 500 square metres and inconsistent beyond that. And with regard to dual occupancies on medium density zoned land, the proposed amendment was that dual occupancy is very inconsistent on lots 600 square metres or greater. The proposed change is that that increased to 1,000 square metres or greater in recognition that that was coupled with our requirements that you had to also have three or more dwellings and recognising that on some of the smaller lots it may not be lots it may not be it may not work from a feasibility perspective so we opened up the flexibility there you can still do three or more dwellings if but it's an opt-in provision allowance basically so the purpose of the medium density zone is to provide for multiple dwellings.
Frank Wilkie 01:18:40.153
Just to clarify, if you own a lot up to a thousand square metres which is sizable, you can still have a gym place? Correct. You can have... multiple units? Correct. If you have a lot up to 500 square metres in a medium density zone, you can still have a house? Correct. And also in a high density zone...
Brian Stockwell 01:19:05.668
Question about the implications if Council was to agree to this amendment. We have targets
Anita Lakeland 01:19:36.420
So that's correct. We have modelled our dwelling supply based on the highest and best use to be achieved on these lots. The medium and high density zones are specifically to deliver that smaller dwelling supply. So if these lots were to be underdeveloped for one or even two dwellings, then it would ultimately impact on what we deliver to meet that housing supply target. We have to report on that annually to the State.
Brian Stockwell 01:20:05.634
I'm going to speak against the amendment. The overacting driver of these amendments. The amendments were framed to achieve an increase in housing choice and housing affordability. It would increase the supply of dwellings in proximity to where employment is so that we can get unit accommodation. We know from the State facilitated development process that the last government and I know from the policies of the incoming government that the issue of providing housing is a high priority and we know while we have gained good commitments from the current government as to the ability to use these key amendments in the consideration of state facilitated development, that there is a range of other proposals embedded in this original plan. Proposals that the global government isn't seeming to be carrying in its way, that the State will come in over the top. One of those proposals, for example, is, as the right you collected threat of identity residential... So, councillors, we do have to make hard decisions. If we just continue to make decisions so that we don't upset people, then other levels of government will make decisions that upset people, and most likely to a greater extent. The changes from what was advertised to what was proposed is a good middle ground. Suggestion that you can't rebuild a house if it's burned down ignores the statutory right of all for existing use rights. What the proposals are is a new development, a redevelopment, is that we're not turning Mikandetsu residential zone into a zone where people build new mansions. We're trying to turn it into a zone that is allocated to achieve the sort of housing that is in considerable demand in Noosa. The fact that one or two bedrooms used to meet the demand for the majority of households of one or two people is where we need to address these amendments. This is about creating housing choice. It is about creating housing affordability. It is about meeting the housing crisis. And yes, the change is the same. It doesn't address property rights. Your freehold property rights always relate to what the existing set of laws allow you to do. And the planning scheme has always placed certain limits, and planning scheme amendments always make some changes. This, as proposed by staff, is a good compromise between what's advertised, it meets the objectives, and it is an means the objectives and it is unlikely to make any significant change to meeting those targets that we are asked to do in the executive original plan.
SPEAKER_01 01:23:22.329
A couple of questions.
Jessica Phillips 01:23:24.949
Firstly, I wasn't able to get this information so if I could just ask, how many medium density sites, sorry, exist?
SPEAKER_01 01:23:43.583
Under 500 square metres? I could find the exact figure but I think it's 30-something from memory. Most of those are at Sunshine Bench. There's a historical subject. Behind where the Sunshine Bench shops are where there are very small lots. So most of them are in that area and most of them are already substantially developed with a house on edge. There's a few others, there's a couple at Noosaville, there's a couple around Tewantin but predominantly they're
Jessica Phillips 01:24:28.040
Okay, so then I guess the follow-up question is if these changes in the proposal fail to incentivise development, then what's the projected the projected economic impact on Council's revenue, including development, income and rates revenue assumptions for our project? Is that a possible term?
Kim Rawlings 01:24:48.539
No, it's not possible to answer that on the spot, but as Rowena said, it's around $30 Rowena said, it's around $30 lots that we're talking about here. But, no, that's not possible to provide you that information now.
Brian Stockwell 01:25:04.897
$30 Lots below $500, there's a large number between $500 and $1,000 which would make the due list. That's right.
Amelia Lorentson 01:25:14.077
Just clarity. The continued allowance of multiple dwellings in medium and high density residential zones is still allowed under this. So this is an additional, it's basically what we're doing for some of the tourist zones. And I referenced, you know, my question is, can I just seek some clarity that what is being proposed is retain the status quo plus the opportunity or the opt-in of building extra multiple buildings. It's not reducing the amount of stock as Councillor Stockwell sort of indicated, it's allowing residents rather than taking away their rights.
Brian Stockwell 01:26:00.913
I don't think you should continue because it's not a question. Sorry, there's a point of order you need to sit down.
Frank Wilkie 01:26:06.453
Okay, we'll get to your point of order. Sorry, point of order, thank you. I'm so uncertain, I'm not Thank you. Through the Chair, can I also address the tone of voice of Councillor Stockwell. I would like him to understand that his tone causes stress amongst gallery people and also amongst Gallery people and also amongst councillors and I request that he speaks respectfully to staff, councillors and respect the people in the gallery. Councillor Wilson, the point of order was asking a question, not debating, so if you could stick to that. Sure. Have acknowledgement of that first, please, and then Councillor Stockwell, could you be mindful of your tone? Yes, certainly, I apologise, I did get that. I did note that the standing orders were reached, and in the point of order, it is appropriate for a councillor to sit down while they're pointing to orders. A councillor didn't wish to further attend to the standing orders. So, as thank you. Councillor Wilson, could you ask your question?
Amelia Lorentson 01:27:29.029
I will. Can I ask if you could clarify that what's being proposed is an addition, not an erosion of existing property rights.
Kim Rawlings 01:27:44.103
What's being proposed by the amendment is not an addition, it's reverberating. addition, it's reverting to the status quo. What currently exists in the Noosa Plan. So it's not adding anything, or changing anything, it's reverting to the existing provisions.
Frank Wilkie 01:28:02.617
Can I ask a question? During Councillor Stockwell's comments, speech, he referred to the SEQ. referred to the SEQ planning process. And he mentioned that there were intentions to introduce, propose and introduce, two level two practices in New Dynasty, sorry, in residents of Noosa National Labours, if we don't win our planning targets. Could you, could you just sort Could you just sort of expand on that in relation to what your experience with the State planners are and what pressure they are putting Noosa Council under and what the community may face if we don't make our zoning work as intended?
Kim Rawlings 01:28:55.559
Yes, we have been working with the State government for a long time around regional planning. As you know, a new regional plan was developed, or a review regional plan was developed last year. A major component of that regional plan was about housing supply, diversity and delivery. That was really the key driver of that. And there was lots of to be throwing and lots of pressure put on local governments to take more growth. And we, Noosa is not immune to that. We were required to take our fair fair share and to demonstrate that we were able to meet the dwelling targets and we had to do that in a very comprehensive and rigorous way. We had to submit a raft of information. We had to submit, you know, a raft of information including a housing supply statement to demonstrate that. As Anita had said, those dwelling targets then form a process of where we're monitored against those dwelling targets. They are the things that we are monitored against. And, you know, it was very important for this council and the work that we did that we were able to meet dwelling targets in a manner that was appropriate and of scale. Intensity to Noosa, to Noosa lifestyle, to Noosa character and, you know, to how our community expects our Shire to develop. So we were very careful and considerate in how we could meet the dwelling targets that worked with the zones. We had and used the zones that we have the way they're intended to be used for medium and high density housing. We have some of those zones that are not their full extent and that's okay but over time we are going to need those zones to meet what they're intended if we are going to meet our dwelling targets. We were able to satisfy the government of the day that we had made enough changes. These amendments were part of satisfying the government of the day that we could meet dwelling targets but there's no doubt that we have been given indications that there will be future pressures. This new government has already made a statement that they will be reviewing a regional plan. That will happen in the next two years. So there will be more pressure to take more growth. I have no doubt. We need to continue to be able to demonstrate that our planning scheme, in all its provisions, encourage the best, most efficient utilisation of the zones in a manner that is appropriate and considers Noosa design, Noosa character. Noosa lifestyle.
Frank Wilkie 01:32:17.502
Just further to that, what were some of the proposed solutions by the State Planers that could take place in no density residential areas?
Kim Rawlings 01:32:28.196
Yes, there was a proposal. There's a range of things put on the table. Local governments were given the opportunity to either do a local response or there would be a state response. One of the State responses was that they would allow dual occupancy to occur in all low density, potentially up to three storeys, as a bit of a one size fits As a bit of a one-size-fits-all approach, obviously local governments, not just us, but many objected to that approach and said let us demonstrate that we can actually cater to the dwelling targets, but within a manner that works for our community and is responsive to local needs and expectations. So to date we've been able to do that. Again, these amendments are important in that demonstration. important in that demonstration. Yeah, you know, those are the sorts of things we'll need to face in the come 12 months, 24 months.
Frank Wilkie 01:33:32.021
Just to clarify, you also mentioned that if these amendments are passed regarding the median list and high list of residential zones, residents that own a house in those zones... Residents that own a house in those zones, if it burns down they can replace it, they can build like-for-like, or they can build something larger under a superseded zoning scheme, apply under a superseded zoning scheme. If it's up to 500 square metres they can build a house regardless, and up to 1,000 square metres under these proposed amendments they can still have a shooting place. That's correct. I believe you understand that in this round we are not actually upzoning any lots to meeting density?
SPEAKER_01 01:34:23.105
There's a few, there's a couple of sites in Cooroy which are already some of them are already used as duplexes, community housing, and there's a strip in Ben Laxton Drive, Sunshine Beach, which is going from light density to medium density, but they're the only ones.
Nicola Wilson 01:34:46.433
In the original 2020 plan, I believe there was a more significant upzoning to meeting density then. Do you want to give me an idea of what's happening?
SPEAKER_01 01:35:01.020
I couldn't give you a number at the moment. In 2020 we had a whole suite of new zones, so we had to do a translation of what the 2020 planning scheme zones were, because we legislation we were given a suite of zones that we had to use. We could only choose from these and we had to translate from what the zones were to what the new zone would be. At that time there was sort of a default position that, you know... was a position that, you know, certain zones would translate to that default. If anything was not of the default position, then obviously we did consultation with the owners at the time as well. So I couldn't give you a number. But more significant? More significant. Thank you, Tom. I will just give some context before I ask my question. So I will get to my question, but when I talk about the submissions, there's themes, and the themes are around there's themes, and the themes are around, I don't think anyone doesn't understand the impact of growth in the State, giving us those numbers, but the one common thing that I tend to see and I would like maybe answered is how do we respond to the many property owners that feel that their land will be devalued in this process?
Kim Rawlings 01:37:01.720
It's, you know, it's an issue that is often put on the table when you make changes in a planning scheme. You know, in the past we've made changes to the planning scheme and the issue of property values has been a concern as time has gone on, the concerns haven't played out, haven't impacted property values in the way that people might have thought they would. We have, as part of these amendments, we have tested feasibilities, you know, what's been proposed. know, what's been proposed is feasible. They've been tested. So, you know, against contemporary market rates. So, you know, what I would say is that, you know, that's the process. the process both that we've experienced in the past and that's the process that we've undertaken in terms of the changes that we're recommending in response to those sorts of concerns that we're concerned There were concerns about you know feasibility and things like that and we did work to test those to make sure and you know there's been quite a bit of a shift from what was advertised you know to now now what's allowable. You know, the other thing I would say is that there are existing use rights. People, you know, have existing use rights. There is also a process of a superseded planning scheme. So if any change is made to any planning scheme, anyone has the opportunity. has the opportunity to apply under the previous scheme for 12 months. So, yeah, that's the right explanation.
Tom Wegener 01:38:50.529
I'll speak to the motion. I think that this is really the heart of all of the planning scheme amendments. This is the key issue. you, and I want And I want to support the staff amendment. And this is not something I would have voted for when I first became a councillor five years ago. I would have thought, no, this is a heavy hand of government changing things, you know. And since being a councillor, we've gone through this whole understanding of what planning is and how planning looks to the future. Well, what do we want? Noosa to look like in the distant future do and coming from, you know, I live lots of different places in America where there's where you have your mansions along the shore and then you go back a few blocks and this is taking control of the vision for where Noosa is, what we want it to look like, the Noosa that we want for the future. And of course, I completely understand the people that oppose the amendment, and I'm probably going to lose some friends over it, because they're going to say, my gosh, look what you've done. I've always wanted a big place right on the river. when they buy the land, they're not going to be able to do that. You'll tear it up, house it down. They're going to be limited in the future, which is the vision for the Noosa that the majority want. I was really educated through the short-term but now that now accommodation monitoring report and the housing strategy and listening to and watching the questions go out having the community come back twice and say this is the vision of future that the future vision of Noosa that we have and that's very consistent with the amendment. yeah so that's it this is this is actually the moment you guys this is this is it we know what it is we've been talking about it for a very long time we need to stand up for this and and yes some people will believe that it's not good for them in the short-term pocket, but this is where we stand up for the Noosa that we envision and leaning on what the State wants us to do as well. I mean, my gosh, that's a whole other-- my gosh, that's a whole other issue that we're dealing with. But I think that fundamentally, we look at the Noosa that we want to live in.
Nicola Wilson 01:41:23.460
I'll speak to the motion in support. I know we need housing solutions. I mean, I'm very aware of the dwelling targets in the SEQ plan. I don't believe it's individual residents' and property owners' responsibility to facilitate the dwelling targets of the SEQ plan. We have people who bought houses in the medium density zone at a time when a single dwelling was consistent in that zone. We've had people rezoned in 2020 into medium density residential zones. At the time, a single house was consistent in that zone. I don't believe it's fair to take away that right to increase or redevelop the size of their family. I would ask councillors not to make loaded comments like Mac mentioned. If people want to develop their family home, then I believe they should have the right to do that. therefore I support this motion.
Jessica Phillips 01:42:28.448
I'll speak to the motion in support as well but I probably can't trump that because that was exactly my feeling but I'll talk about it from my heart I guess because I've lived here my whole life. I guess, because I've lived here my whole life and I see pioneer families that have sacrificed so much to buy land and they've got this little quaint little house on it and this will devalue their retirement and their kids. everything that I stand for in Noosa. So I support the amendment. Thank you.
Frank Wilkie 01:43:03.476
Staff proposed amendment will devalue any property. Property prices in Noosa have continued to increase despite negative comments after planning scheme changes. It will not stop property owners making applications... to build a bigger house on the lot that they own. We will not stop them replacing like for like on their property. If they own a property that is up to 500 square metres in size, they can still... They can still have a house in the medium and high density residential zones. If they have a lot up to 1,000 square metres, they can still have a duplex, which I believe is the centre of a very heartfelt letter submission that we all received. This is responsible planning. It does not diminish what we're trying to achieve in the planning scheme. It does not... It recognises the submissions. I think it's a very good little ground, and I think it's responsible all the way forward. And I believe it also prevents a state intervening. believe it also prevents the State from leaning away on low density residential lots where people might have that house. A lot of single dwelling houses that Councillor talked about are currently in low density residential zones. Not medium density residential zones. If we don't have these provisions, responsible changes come in, the medium and high density residential zones, then they may not be able to do what they'd like to do on the low density residential zones. So I can't support this in a conscious way, but I do appreciate and respect the views that have been expressed because they all want to tie them down.
Amelia Lorentson 01:44:51.804
Could I ask a question please? Councillor Wilkie mentioned you can build like for like. My understanding that... Can you clarify if there was to be a significant change in the size and scale of the previous dwelling would that trigger an impact accessible development approval and mcu so so it's not as my question is is it as simple as knocking down a house and rebuilding. building. Just to clarify, I did say you can replace like for like, but if you wanted to do something larger, there would be an application on the suit to see the consistency.
Kim Rawlings 01:45:39.400
My question is would an application under a superseded planning scheme require a material change of use application?
SPEAKER_01 01:45:48.120
Yes, a request under the superseded is a request to apply under the current planning scheme. if it complied with the current provisions, no material change of use development application would be required if it was a superseded request. If it complied with the scheme provisions, you still need to apply. But you still need to apply a superseded planning scheme. Does that make sense?
Nicola Wilson 01:46:16.901
Can I ask a question on that please too? Just to clarify that that channel of opportunity is only for 12 months?
SPEAKER_01 01:46:25.681
That is correct. It's a 12 month provision that applies for all superseded
Frank Wilkie 01:46:37.060
Question to staff. Is it true that the vast majority of single dwellings are in the lateness of the West Angeles zone? And whether there's a small proportion or a medium or a high distance?
SPEAKER_01 01:46:48.420
Yeah, obviously the vast majority of land in Noosa Shire is in a zone, is in either the rural zone, the rural residential zone, or the low density housing zone, residential zone. That accounts for probably 80 to 90% of the Shire. All of those zones allow for a dwelling house as accepted development. There are hundreds of properties in the medium density residential zone. Not thousands, but hundreds. There's 639 of them are less than...
Frank Wilkie 01:47:54.015
I don't even know what the heck I'm saying. who
Amelia Lorentson 01:48:12.860
Address a couple of things that have just been raised. Our vision for Noosa, I've got a different vision. I don't believe what's been proposed is the vision for Noosa. I think we can work a little bit harder and find different houses. different housing solutions or better housing solutions. My vision for Noosa is I look at Noosa Civic and think let's throw the high density over there. Let's leave our low residential, medium residential area. areas alone. Let's not sacrifice community values. Let's not sacrifice character. Let's not potentially devalue property prices. Let's respect and preserve our residents. Let's preserve. Let's do the job that we were paid to do as councillors, which is preserve our residents' property rights, not erode them. Let's do what we're paid to do, which is to ensure that democratic processes, social inclusion, and that the community agree with the decisions that we make. I understand, and I keep saying, we're all part of the solution, and council is part of the solution, and no one is disputing that. But I just think we need to understand what are the social economic impacts of our decisions. We need to unpack that. And what is the cost to our lifestyle? And have we had that discussion with our community? And I think unless we're clear, we're clear with our decision making, and clear that And clear that who we work for. I just think, you know, we're rushing to make these decisions without proper consideration of the people that we, as councillors, were paid to represent. Thank you, Councillor.
Frank Wilkie 01:50:20.022
I'll put the amendmenters in favour. Councillor Wilson, Lorentson and Phillips, Zoe Gates, Councillor Finzel, Stockwell, Wegener and Wilkie. The amendment's lost. Do we have any other amendments today? Could we have a...
Nicola Wilson 01:50:40.480
Could we have a break?
Frank Wilkie 01:50:43.780
There's been a request for an adjournment, a call to break. All councillors in favour? Yes, please.
SPEAKER_01 02:05:16.738
Thank you very much.
Amelia Lorentson 02:05:31.660
I do want to test one, and I'm not sure whether it'll get any support, but I want to test it. Can I put an amendment, defer consideration... It is, I threw it across and I was going to pull it out, but I just, like I said, I'm not sure if it'll go up, but I do want a discussion about this at a minimum. Defer consideration of rezoning properties from tourist accommodation to high density residential until a thorough assessment of the... Is this part of the attachment the same thing like going into, is it going into like an item under item C? It's in reference to the rezoning... Is it under item C though, like, are you adding an item under item C like the previous one? Can I ask for support from Kim if you could just help me? I just want to play with this one, Kim. Yes, it refers to item C, issue... C, issue 3. So she's not adding anything to item C? No, so it's... So issue 3, there is no issue 3 that got lost on there? No, it's a new one.
Kim Rawlings 02:06:57.059
It's a new one, Kat. It's a new one, not developed. Okay. So it refers to recommendation
SPEAKER_01 02:07:02.859
C. Yep, so that item C can be amended. To include or to remove? To remove. To remove. Or to defer?
Amelia Lorentson 02:07:18.620
To Of rezoning properties from tourist accommodation to high density residential until a thorough assessment of the economic impacts is conducted.
Kim Rawlings 02:07:41.980
Can I suggest we just add after rezoning properties as identified. As identified in item three of attachment two.
SPEAKER_01 02:07:55.504
We're going to need a place for the changes. Sorry, we're all going to take it out. We're sort of not really saying where it's going to be. This is item C at the moment. With a number one. Is this going to be a number two under Currently we've got item C saying that plus that. So is this to be an item number two under item C? Yes. Yes. Right. Right. That's how item two will be added under item C. I'm sorry, I was just trying to prep it.
Kim Rawlings 02:08:59.180
So, Councillor Lorentson, Lorentson, if if okay okay with with you, if if we could just say defer consideration of rezoning properties from tourist accommodation to another zone, because we inadvertently pick up other high density Potentially there. So you just want to defer any changes to the tourist accommodation zone. Thank you very much.
Amelia Lorentson 02:09:22.775
Until? Until, yeah. And it's an assessment of the economic impact.
SPEAKER_01 02:10:17.020
Are we, is that an acceptable, is that clear in its intent? Yep. Okay. Alright, can we have a seconder for this please?
Karen Finzel 02:10:29.720
Happy to second for the debate.
Frank Wilkie 02:10:31.900
Thank you Councillor Finzel. Councillor Lorentson.
Amelia Lorentson 02:10:35.220
I'm denied and I'm denied about this one, but we talk about, you know, what keeps us up at night. The implications of the decisions that we we're making today, if it's deferred next week, that's what kept me up all night. I've had very little sleep. So every decision we make, councillors, have short-term, medium-term and long-term implications. So every decision we little sleep. This is, you know, every planning scheme change has those implications. What I'm concerned about is have we properly understood the impacts. That, in particular, this rezoning change is going to have on resort managers, on local businesses? You know, what keeps me up at night, we make these changes, have we, in essence, with the stroke of a pen, rendered management rights of resort owners worthless? Have we disrupted the livelihoods of our residents and operations? What are the unintended flow-on effects of these decisions? What does it mean to a business operator that owns, you know, boat operations or a restaurant owner or coffee owner? Ivelihoods of our residents and operations? What does it mean to a business operator that owns, you know, boat operations or a restaurant owner or coffee owner? Have we fully understood the economic impacts of these decisions? And I don't believe we have. We keep talking about, you know, economic and social impacts of the decisions that we make. We need to understand these. A lot of these properties that are being transferred or proposed should be transferred from tourist accommodation zoning to high density residential zonings. A lot of them are resorts. Resorts are built, purpose built to accommodate visitors. This is where we want our visitors to stay. This is where we want Visitors. So, again, what impact does this decision have? But what are the consequences of this decision for our tourism industry, our economy? And our community, our small business owners who are our residents? What I'm asking is that we properly understand the economic impacts of these decisions before we proceed before we proceed with any sort of zoning changes. What we're putting at risk is economic stability of our economy and again potentially undermining or inadvertently destroying small businesses, people who own management rights, all the guys All the guys that hire out jet skis, boat operators, restaurant owners. I just think we need to just be really, really considered and know what we're signing off on.
Frank Wilkie 02:13:47.956
Yes, Stockwell.
Brian Stockwell 02:13:49.196
I have a question. It is my understanding that the vast majority of all the properties proposed to go from tourist accommodation zone back to a residential zone were those properties that were zoned tourist accommodation only four years ago in the 2020 scheme. It is my understanding... That all those properties that were subject to that change had pre-existing use rights. to that change at pre-existing use rights, that there's been no development in that zone, in those locations in the last four years, so changing it back to a residential zone will have absolutely no impact on the pre-existing use rights. that a question or were you speaking? I liked that question. Will it have absolutely no use?
Anita Lakeland 02:14:30.592
Just in response to that, not all properties were previously in a residential zone that are proposed to go in a tourist accommodation zone. So under the previous 2006 somewhere. So that's not entirely correct.
Brian Stockwell 02:14:46.628
Sorry, just a clarification. I believe the motion is targeting those that were in a residential zone, went to the tourism accommodation zone in 2020 and are now proposed to go back to a residential zone rather than the other way So, the proposed amendments aren't purely changing it to a residential zone.
Anita Lakeland 02:15:06.548
Some of the changes are actually going to a centre zone as well. So, under the previous scheme, some of them, you're correct, were in a residential zone that moved into a tourist accommodation zone. Some were, yeah, and some are going back, but that's not the case in all sites. So, yeah, so, but it doesn't impact existing use rights, existing approvals. They can continue. So, it doesn't retrospectively say you can't undertake short-term accommodation or visitor accommodation at all. This is about future development of those sites should they redirect.
Jessica Phillips 02:15:46.809
To clarify, Councillor Stockwell, though, for the past four years, yeah, my question is could the reason why they haven't redeveloped because we've just had a huge cost of living, increasing materials, less trades, like would that be the reason why redevelopment hasn't...
Kim Rawlings 02:16:10.420
Of these sites unlikely then you know they're they're these many of these sites will continue as they are for decades and not redevelop so it's not like we I can't think of any that would probably have developed and redeveloped or are due for redevelopment in the last four years so I think that's probably unlikely this is about very much about the future that if if and when these sites redevelop that we are redevelop that we are preferring residential outcomes because we need to continue to provide housing for permanent residents. It is not at all retrospective and they also have existing use rights.
Amelia Lorentson 02:16:56.181
So, to clarify, so the current zoning already supports mixed use, so both short stay and permanent housing. Does that not achieve... what we're seeking to achieve, which is housing diversity? So, the question is, do we need the rezoning to achieve housing diversity?
Anita Lakeland 02:17:22.232
Under the tourist accommodation zone, you're correct that multiple dwellings and short term accommodation are both consistent uses. I guess the intent is that these sites provide an opportunity to deliver permanent housing. We've got a huge extent of land dedicated to short term accommodation. We've got interchangeable use rights that occur from pre-existing approvals from anything built pretty much prior to 2006. So this is about identifying opportunities for housing and the short Opportunities for housing and the short-term accommodation report and I guess the review of the tourist accommodation zone clearly identifies that we have a huge extent of land dedicated to tourist accommodation and a huge extent of our residential zones that also allow for allow for interchangeable use rights. So we have enough in terms of going forward of short term accommodation opportunities. This is about housing security and ensuring that those sites develop for permanent housing and aren't interchangeable so that we lock them aren't interchangeable so that we lock them in for permanent residents in the future and these sites provide redevelopment opportunities on the whole.
Kim Rawlings 02:18:33.994
You'll also recall you know strong kind of demand from the community that we're really clear about our how our zones are used so that there's not all we can do it any both in that zone anyway you know we've been moving towards getting a lot clearer about residential zones being for residential uses EASY! encouraged facilitated you know wanted and it should be able to develop freely you know there and where residential development should occur and that should be protected and managed for be protected and managed for residential. You know, we are, our community have and continue to demand, you know, clarity and strengthening around both of those aspects.
Frank Wilkie 02:19:30.710
Question. Can you share a bit about how submissions have, including those from the landowners and the tourist accommodation zone, have actually prompted some of these
Anita Lakeland 02:19:46.900
So the proposed changes are specific to particular sites. So if you like I could go site by site. So I guess an example is Hulse Lodge to Hulse Lane. Well that was just a realignment so I'll think about another one. An example is 48 Noosa Drive, Noosa which is the Nomads Backpackers site which is 12 individual lots which is currently in the tourist accommodation zone. So under the current just to give you an idea about under the current requirements they could develop each individual lot for a house single house under develop the site. They could They could also develop for I guess a resort, visitor accommodation, short-term accommodation over the site as well and multiple dwellings are consistent under the tourist accommodation zone as well so this site in particular being a large key site of 12 lots or one whole lot its location right in the centre of Noosa Junction identified it and with redevelopment potential it's underdeveloped it's got an old building on it now was identified as for future housing high density to deliver all those housing outcomes we want to see in terms of small dwellings worker accommodation right on the doorstep of bus interchange all the services work the whole lot so we have submission on that one that both from the tenant as well as The tenant as well as a consultant on behalf of the owner that highlighting the importance still of low-cost accommodation to Noosa and that the intent you know of the tenant was that hopefully that the owner would redevelop it for backpackers like as in Backpackers, like as in re-establish the building and there were suggestions from them about why don't you look at a mix over the sites, 12 sites it's a big site and yeah so the importance of tourism was highlighted in the economy so in response to that given its 12 large sites we're proposing that it continue in a high density residential zone because under our Residency residential zone because under our proposed amendments it will stop houses being built on those individual lots and under utilising the site and provides the opportunity for bonus provisions for small dwellings there as well but in addition to allow additional uses of low-cost accommodation in the form of backpackers and motel in response to that highlight of the importance of low-cost accommodation to the local economy so we've responded there local economy so we've responded there by you know allowing a mix of uses and greater flexibility over the site.
Frank Wilkie 02:22:39.239
Which is what the landowner and tenant want.
Anita Lakeland 02:22:43.999
So there was a mix of responses but what was being highlighted was that the tourism component was also important over this site and we've responded to that but also in to that, but also in the context of the bigger picture and outcomes that we want to see in terms of our housing outcomes and the size of the site, 12 lots. It could be developed under a master plan arrangement where we've suggested that we'll no more than more than 40% of the site should be low-cost accommodation for tourism and the balance of the site, we still want a housing outcome over that, but leaving it up to the owner of the property or the applicant to come to us and demonstrate how that could achieved over the site through a master planning process.
Frank Wilkie 02:23:28.242
Thank you. mentioned that all these changes were ratified in the sign-off by the State. When the State is saying that they are okay with these amendments to proceed, what consideration do they leave to social and economic aspects?
Kim Rawlings 02:23:49.371
So there's two State processes, which we've moved through the first State process, which is State Interest Check. And the State Interest is against State Planning Policy policies, and there's a number of those, and also that it meets legislative requirements in terms of process and structure and drafting. And there's a raft of State Planning Policies that amendments need to meet, you know, significant ones for this are around livability, planning for growth, planning for housing, economic development, they're probably the key ones around this package of amendments. around this package of amendments and the State Fund getting us through a first day interest check endorsed that these amendments align and meet the requirements of the State Funding Policy.
Brian Stockwell 02:24:49.542
Yes, I'll speak against the policy. The amendments are amendments are about adopting the change to achieve the housing outcomes and tourism outcomes that we have been planning for since well before 2022. Was a housing year assessment. We also had the tourist accommodation room and the STA review. The planning scheme sets the future The concept that changing the zone affects management rights and existing lawful What the real economic impact of continuing to defer everything is is we failed to address the crisis in housing which means we failed to provide businesses with a secure supply of workers. Just this week we had a meeting with one of the Shire's largest employers. Employers. Look at their sustainability initiatives. But repeatedly what we heard is their biggest challenge is retaining staff. And they talk about how their base level hospitality workers travel an hour to get to work. But they also talk about how their executives stay for maybe only six to eight weeks because they can't afford to rent. The challenge facing our economy is one about keeping the balance right between permanent residence and tourism. We heard in the report that the estimate is we have a current accommodation for 30,000 visitors as we have here now. So if we were to be full house in tourism, there'd be about a third visitors, two-thirds residents. And we know that that at the moment, according to tourism news figures, is sustaining about a third of our gross Our economy is already supported. About a third of the gross regional product comes from tourism. the suggestion from staff was we have enough. I think the suggestion from what we hear in the community is we have too much particularly to attend. When we look at the specific changes, and I forgot about some of them, but the ones, I think the majority of them were in that translation process from the old zone to the new zone in 2020, we put quite a few hectares of land that previously was both a mix of residential and tourism And tourism operations into the Tourism Accommodation Zone. A lot of these changes are rectifying what was probably overzealous approach in 2020. And remember that amendment was based on conditions in 2018. The world's changed, we've had COVID, we've had a whole lot of growths in other forms of of growth in other forms of tourism. This set of amendments is about looking at the long-term form of the Noosaville and Noosa Heads area and Sunshine Beach and saying, do we want to have residents who can walk to the river? Or should that all go to tourism uses? Do we want to actually encourage that housing choice at the top end so that perhaps the supply at the lower end can become freed up? Do we want to... Because if all we're doing is creating opportunity for tourism accommodation at the top end in the most desirable locations then that has a triple down effect on what's available to our residents. So some of these amendments are about saying this is a great place to live and long term we think these locations will we think these are locations where we should have residents. There will always be a mix of residents and tourism, but we're looking at where we're heading, and there might be a case we'll lock here and there we do agree with. We heard about the Nomex, and that's a classic case. It is an excellent site for that key worker accommodation, and it's big enough so it can support a substantial redevelopment so it can support a substantial redevelopment for the current use of backpackers, as well as perhaps other forms of accommodation if those backpackers want to stay for longer than three months and work in Hastings Street. That's what the amendments allow. To list a whole lot of potential implications of this zoning change, which aren't really based in fact, is not a plausible argument from my perspective. In my perspective, the as councillors we're making today is where we want our residents in the future, is the extent of tourism accommodation zone justified and /or is there a need to make it very clear where we want our residents in the future and to zone it appropriately.
SPEAKER_01 02:29:51.488
Can you speak to Marsha a little bit?
Brian Stockwell 02:29:54.248
Can you speak to Marsha?
SPEAKER_01 02:29:58.128
Sorry, against the amendment. Against the amendment.
Frank Wilkie 02:30:07.808
Any other chances to speak before we advance the amendment? Against the amendment. the amendment. This is a retrograde step. As we heard from the staff, before it even gets to this stage, it has to pass interest checks. That takes into account social as well as economic development implications. To defer only adds to confusion and uncertainty, industry and the community needs certainty. This process has already been retracted enough. I would be very disappointed if this was supported and we have to engage yet another consultant to do an expensive consultancy to tell us something that we probably already know and get back to this point where we are today. So for those reasons and more I cannot support
Amelia Lorentson 02:30:57.120
I will and I respect conversation around the table like I said I just wanted to tease this out probably like I said what keeps me up at night I keep asking know what are we endorsing today and where will we be in four years time are we actually going to be delivering more housing to house our residents are we actually going to be providing affordable housing or is the or are we simply going to be just increasing supply and diversity appreciate the conversation around the table and I'll vote against this as well thank you. The amendment to vote those in favour? Against? That's unanimous. Now move on. Any other amendments? Yes. Councillor. Thank you.
Jessica Phillips 02:31:57.492
I really wanted to bring a mapping up. Our council mapping, could we? Is that possible to do? Which side? Just with my amendment for...
Anita Lakeland 02:32:10.808
It'll be in the report, in attachment 2, Kat. I'll read this while that's happening.
SPEAKER_01 02:32:27.492
Yeah, I hit them all up last time. Yeah, I hit them all up last
Jessica Phillips 02:33:07.820
I'll just start. That item 2, the added item, got item C, including an additional proposed change in response to public submissions to attach to as follows. A, 3.12 remove 2 to 2.57 Kip Terrace, Noosaville from the proposed high density residential zone and the site remaining in its current tourist accommodation zone. And B, 3.13, all proposed amendments referencing the site be reverted back to the existing wording. It kind of flows on from the discussions. We'll just get you a second.
Frank Wilkie 02:34:00.251
I had it up last night. In fact, I went through every single address that is With the rezoning from tourist to high density zone, I went through each specific address that we have here on our council mapping facility, which is a great tool. Especially with the colours, so I really like that. And what it highlighted, if we can get that mapping up please, because that will reinforce my point. Overlay of the...
Jessica Phillips 02:35:08.880
You could even go out even further. Okay, perfect. So, Gympie Terrace, a stretch of businesses relying heavily on tourist accommodation. Again, I don't know how many times I've said I've lived here my whole life, so to reinforce this stretch of Gympie Terrace has always been tourist accommodation for the purposes of all accommodation for the purposes of all the businesses and residents because I frequent there a lot. If we all of a sudden shaded in one lot, I think it's this lot. To high density residential, I feel it is really inconsistent with the entire streetscape of Gimp Terrace. I support any residential where it would have access Residential where it would have access from Edward Street, James Street. That all makes sense to me because it's residential. I can't understand why we would start changing accommodation. Accommodation along the river and to reaffirm that I am about residents first, but our residents own businesses and they need tourists. It's been a tourist town for I don't want to see those businesses start failing because we don't have tourists to go and buy coffee, go to the hairdresser, all those things which, yes, residents do from a short walk from Elizabeth, Edward and every other street where our locals live. It does not make sense that all of a sudden I'll have mapping up there and three lots will be red. So, again... For urban design purposes, from every other aspect I can look at, it just doesn't make sense. I would like to see that returned to tourism because it makes sense to me.
Brian Stockwell 02:37:25.244
I did have a question. Can staff explain what was proposed for this site?
Anita Lakeland 02:37:32.044
Yes, so there is a proposal on Gympie Terrace. From James Street down to the site that has been highlighted which is the 247. That whole frontage as well as what's coming down. This is the proposal so it's it's not an isolated site that's proposed for inclusion in the high density residential. It's a strip and a precinct that was identified particularly from James Street down to Edwards Street is all residential permanently occupied buildings and then from Edwards Street down to 247 Gympie Terrace is mixed-use allowed under the sorry they're mixed buildings which have commercial ground floor some seconds story with a mix of uses which are both office local services as well as some restaurants and the like so the proposal is that that section be included in the high density residential and continue to allow for a mixed-use ground floor outcome and a broader range of business types but when it should redevelop and quite a few properties there have redevelopment potential it would be allowed to go three stories with permanent residential dwellings
Jessica Phillips 02:39:04.080
And if that was to work that question if that was to be re-developed does this kick in the hundred square metre yes that's what we're proposing would be re-developed today to be affordable residential units so I understand
Anita Lakeland 02:39:28.359
As proposed by these changes the small dwelling size was being reinstated at a hundred square metres and it's an opt-in in the high density residential if they want the bonus provisions these these particular sites are fronting with your terrorists do have a different growth floor area outcome that is permitted which is higher but it's not mandatory that they must be small drawings also the intent here was that this you know to reinforce what reinforce what was already happening there, which is predominantly a permanent residence, to recreate that residential neighbourhood, along with that being a local centre, services visitors as well, but should it redevelop, that those dwellings be for permanent it redevelop, that those dwellings be for permanent residence, and that permanent residents have the opportunity to also live in high amenity areas on the river as well.
Brian Stockwell 02:40:23.254
Just clarifying something you said. You said that it would retain the mixed use with a broader suite of uses permissible. Is that suggesting, like I know in the tourism accommodation there's a limited set of commercial, the way we've set up that? Is that what you're saying?
Anita Lakeland 02:40:44.853
I will have to check the detail but that was the intent of all of these and the same with the change of inclusion of district centre zones. That the range of commercial use has been broadened because under the tourist accommodation zone, the range of commercial uses are limited and are meant to focus on tourism outcomes and tourism uses. Tourism outcomes and tourism uses and supporting visitors as opposed to residents.
Amelia Lorentson 02:41:11.257
Just out of curiosity, when I just googled 247 Macy's secret restaurant, is that listed as of some heritage significance? Yes, it is a local significance.
Frank Wilkie 02:41:31.080
And councillors wish to speak to the amendment
SPEAKER_01 02:41:44.380
All right.
Frank Wilkie 02:41:46.660
Anyone wish to speak against the amendment? I'll speak against the amendment. I think the staff, Councillor Phillips, rightly questioned what she expressed. The staff have given the answers. She will have time to stand and reason. I hope that's been helpful. I support the staff recommendation that these changes allow... Residents also to live permanently by the river. I don't share Councillor' concern that the businesses along the river will have any shortage of visitors to buy the coffees. I think residents love buying coffees as well and I don't think these changes will adversely affect the operation of businesses along the river. But I do thank Councillor for bringing her concerns to our attention.
Jessica Phillips 02:42:44.175
I'll just ask a quick question before I close then. If, good point, thank you for Maisie's being heritage, does that mean that ever can be redeveloped?
Anita Lakeland 02:42:57.940
It sits at the front of an existing site that already is developed and so there is no development potential probably left on that site. That was a, the change of its inclusion in the high density was about, you know, I guess from a land use planning perspective saying well this is, this is for permanent dwellings because the majority of those dwellings are occupied by permanent tenants. Permanent residents. So rather than it being a redevelopment opportunity on that particular site.
Frank Wilkie 02:43:25.134
Just to clarify, this is an important point, you're saying this proposed change reflects existing use there. As well. A lot of permanent residents do already live there.
Jessica Phillips 02:43:37.760
I will close, and it probably came off the amendment that Councillor Lorentson had put in around the economic value of tourists. I can't, I'm just asking councillors to, like, hang on. Can we say this, these changes aren't going to impact our businesses? And I fully support residents. I know we buy coffees, I do. It's not, it's not just about that. It's about making sure that for longevity, we For longevity, we have a balance, and for that reason, I really feel that that particular site can stay in tourist accommodation, because it makes sense.
Frank Wilkie 02:44:23.184
Thank you, Councillor Phillips. We'll put the amendment to the vote. Those in favour? Councillor. Those against? Councillor Finzel, Stockwell, Wilson, Lorentson, Woodner and Wilkie. The amendment's lost. Does anyone have any other amendments they'd like to... Councillor Wilson.
Nicola Wilson 02:44:41.352
I think it's relating to the island there as well. So the... Oh, sorry, I don't need a seconder. So I want to amend item 3.9 in attachment 2 to read lots 20 to 28 GTP 2026 and lots 1 to 3 GTP 2743 fronting Gympie Terrace and now adding and lots 1 to 5 GTP 2026 fronting Thomas Street at 185 Gympie fronting Thomas Street at 185 Gympie Terrace be removed from the proposed District Centre Zone and Main Street Precinct and remain in the Tourist Accommodation Zone.
Frank Wilkie 02:45:19.057
Could we have a thank you to Councillor?
Nicola Wilson 02:45:24.197
This is an item where I would have liked more time to get into the detail here. An example of although we have talked about this one in the workshops and there was a change made already, so originally the recommendation was to put the lots fronting Yngwie Terrace into the District Centre Zone as well and then it was just, they were put back into Tourist Accommodation and now just five lots on Thomas Street are proposed. post so then I guess the the reason I'm writing this now is because I haven't actually read the full submission on this matter before so we've kind of talked about parts of it. I'll read a few parts out so I've got a few extracts from that submission. Commercial lots along Tunnel Street have common property areas, shared infrastructure, toilets, pathways, bin bays and security gated access that cannot be redeveloped without all owners voting at an EGM. The commercial lots are already built to three levels under the plan and there's opportunity to add extra floor. The current approval on the site allows for both short-term accommodation and permanent accommodation anyway. We suggest it's uneconomical to introduce a district centre that opens centre that opens the scheme to small dwellings permanent residents. These redevelopments or uses are best left to the current zoning to give owners this choice. Over the years many owners have chosen permanent letting over short stay and we will expect this will continue. And so if I had more time to dig into this one I guess I'd want to be thinking about the body corporate and the decisions that would need to be made and whether it's really worth singling out five lots. from such a big resort that might just cause a lot of issues for the owners there. I don't really have any questions yet. This is one I'd really like to spend more time talking about. But at this point I don't think there's necessarily any urgency to take those five lots out of the Tourist Accommodation Zone To assist all councillors, could you give us an explanation on why you're striving to propose changes there please?
Anita Lakeland 02:47:43.024
Part of the review of the Tourist Part of the review of the tourist accommodation zone across the area and particularly in Thomas Street was the opportunity to create a true local main street or district centre main street for Noosaville which doesn't exist because it is a tourist accommodation strip with the extension of the district centre zone. Which is over what is now you know you can call it maybe big box development but to get a real main street outcome in Thomas Street so the intent there was that a district centre zone with a main street precinct be applied to that area and I guess the inclusion of these lots These lots in Thomas Street, I guess if there wasn't a big resort there, they would be zoned district centre because that is the desired intent for that street. These particular blocks remaining, it was recognised in response to the submission that the lots fronting Gympie Terrace. were probably outside the main idea of the main street. It was kind of a little bit further on. They really are more integrated with the resort. The lots fronting Thomas Street are fairly standalone and somewhat removed from the resort. They are ageing. It's not unusual for particular lots. I might mention that this site was previously split zone like this under the previous plan. Under Noosa Plan 2006 it had a split zoning as well and under Noosa Plan 2020 it all came together under one, the tourist accommodation zone. So it's not unprecedented.
SPEAKER_01 02:50:21.780
Yeah, those five are proposed to be retained and it is... So they're the shops? They're the commercial mix, yeah, the shops. So as you can see, the recommendation is that... recommendation is that in response to the submission that, yes, we do remove these and they can remain in the Terrace Accommodation Zone because the main focus is this is the main street centre here. And we've also responded to taking off the active budget requirement for that development in response to the submission as well. So it's really just the edges of PP Terrace where that would be required. These are quite isolated from the balance of the... the resort and they do fund that mainstream environment. So the intent, or should they redevelop, the intent would be that we... Our desired outcome would be that it be for a district centre and the residential component be for terminal dwellings.
Brian Stockwell 02:51:21.640
Just a question. More so than the last example, a district centre zone For example, a district centre zone would provide the owners with a much greater flexibility in terms of the tenancy of those commercial premises, is that correct?
Anita Lakeland 02:51:34.716
That's correct.
Frank Wilkie 02:51:36.676
So it would be to the advantage of the owners?
Anita Lakeland 02:51:40.776
There would be a greater range of commercial uses, yes, but the short term accommodation use would be inconsistent. is an ability to apply for existing use rights or whatever it may be, but our intent is that the district centres deliver permanent dwellings for residents and care workers.
Brian Stockwell 02:52:02.624
So just a clarification on that. The permanent residence would be triggered by redevelopment, however consistent and obviously there The zone would allow some flexibility without redevelopment in the ground floor while retaining the existing use rights in the top floor, is that correct?
Anita Lakeland 02:52:21.852
That is correct. They would be permitted to continue their current use of short term accommodation if that is what they're using it for.
Amelia Lorentson 02:52:33.196
Just a quick question. You say that one of the key outcomes is to deliver housing for our key workers. Is that likely? Is, you know, units... Units along Gympie Terrace are actually going to be affordable.
Anita Lakeland 02:52:48.180
So, key workers are us, key workers are our Noosa's, emergency supply people, teachers, not just hospitality. So, yes, I do believe it's feasible. What this delivers is a range in dwelling sizes, so anything from a studio up to a small three-bedroom dwelling, in a range of affordability. Price points that we're lacking at the moment. So, we're not saying they have to be affordable under our affordable rental premises definition, but certainly provides housing diversity in a range of affordability. So, yes, I do.
Frank Wilkie 02:53:24.052
Does anybody wish to speak at the moment before Councillor Wilson closes?
Nicola Wilson 02:53:31.532
Yes, I will close. I'm just coming back to the fact that the submission said that the lots can't be redeveloped without all owners voting at an AGM. So, at this point, I'm not clear of how this would actually impact owners and the body of the program. So, no, no, no. I'll put the amendment.
Frank Wilkie 02:53:52.540
Those in favour? Councillor Wilson. Those against? Councillor Finzel, Stockwell, Lorentson, Wegener, Phillips and Wilkie. Amendments lost. Do we have any more amendments? Very well then. I do have an amendment. It's a further amendment to item C and it's to add whatever the next number is. I'll read it out and it's to read, with the exception that the proposed changes in response to public submissions identified as 2.5, wrong one, I've got it this time, with the exception of clause 9.1 and attachment 2 and reword this clause to provide further clarity as follows. Removes 100 metre and 20 metre building setbacks for boundaries of lots that are joint property owned properties that are proposed for inclusion in the environment management and conservation zones as part of these amendments. The normal 10 metre setback will continue to apply for side and rear boundaries for buildings and structures in the rural zone.
Brian Stockwell 02:55:17.372
Shire Council meeting Noosa Shire Council meeting Noosa Shire Council meeting intended the wording that i read in the report was i i came with a different interpretation so we've been in conversation this after we agreed that it'd be better to really explicitly state what is proposed as i said it is exactly in line with staff recommendation just say it's more
Kim Rawlings 02:55:47.990
That's exactly right there was potential room for interpretation and how it was currently written so this this just clarifies exactly what the intent of the change is just for context you will recall that context, you will recall that we have had a number of properties that have voluntary conservation agreements over them opt-in to seek to want to provide further environmental protection to their properties, so this has been an opt-in. By a number of landowners, so we are applying the Environmental Management Conservation Zone to those properties with VCAs. With the Environmental Management Conservation Zone, there are buffers. That come with those required to adjoining properties. So inadvertently by applying the zone to these properties, it has the potential to impact their adjacent properties, which was never intended, not intended. It was raised through submissions to us and we were like, yeah, absolutely, that was not in the intent. This is an opt-in for that landowner to have environmental protection on their property. There is not intended to be offsite. This is just clarifying that. Thank you. Any further questions?
SPEAKER_01 02:57:05.580
Any more questions from staff? I'd probably like to be a bit more comfortable, but that last sentence, the normal 10 minutes that that will continue to apply. Within the rural and the rural residential zone, there are so many different setbacks which are relevant to the specific thing you're setting back, whether it's a building or an animal use or whatever. Within the rural and the rural So I would feel a bit more comfortable if you just said the normal setback rather than nominate 10 minutes.
Brian Stockwell 02:57:49.468
I'd be happy with that if the rest of the council is just taking out the word 10 minutes, or the number. There is a lot of variance in those times. And that would then make setbacks setbacks, if the council's happy with it.
Frank Wilkie 02:58:05.508
Are all councils happy with that change to this technical amendment? Do you wish to close? Oh, sorry, any further comments? Do you wish to close, Councillor Stockwell? I'll put the amendment to the vote. Those in favour? That is unanimous. Any more amendments? Question?
Jessica Phillips 02:58:24.510
Oh, is there any more amendments? Questions, any time. Do you mind, just with point seven, the mandatory small dwellings. requirement in the medium and high density residential zones and dual occupancy as inconsistent in medium density residential zones on lots 600 square metre or greater. I went over and over this just reading it and can I just get some clarity because it could be my interpretation but it feels like we're saying it could be interpreted that the 75 needs to be in the small dwelling not the main dwelling and again it could be my tired I just it's not clear enough okay yeah sure so the mandatory 75% of all residential gross floor areas is sold dwellings was the proposal that was advertised so the right-hand column six point one six point two six point three is what we're proposing the change to be so we're no longer requiring mandatory small dwellings in the high, medium and high density residential zone. We're going back to the current arrangement which is an opt-in to small dwellings. opt-in to small dwelling provisions and opt-in for the bonus provision. So nothing is mandatory, so we're removing the mandatory provision that we advertised. So the left-hand column was what was advertised, the right-hand column is the proposed change.
Kim Rawlings 03:00:01.822
So we've got a number of submissions around that issue, so we're reverting back to the current provisions.
Amelia Lorentson 03:00:11.973
Just a question that's come from residents and myself. Why is low-cost accommodation, including short-term accommodation, being included as part of the rezoning package? Will this re- or new- Will this re or new definition to include short-term accommodation, will that have the effect of increasing supply of STAs? And I'll quote the definition to now include additional consistency. additional consistent uses of low-cost accommodation, short-term accommodation where backpackers or motels subject to impact assessment over a maximum 40% of the site area and subject to a master plan.
Anita Lakeland 03:00:55.542
So the planning scheme or the definitions under the planning scheme which are regulated by the State of short-term accommodation includes self-contained dwellings as well as backpackers motels under that definition. So what we're proposing is that we limit the range of short-term accommodation on that particular site to what we've termed low-cost accommodation backpackers and motels. accommodation, backpackers and motels. So not self-contained short-term accommodation dwellings. It's just the way that the definition groups a range of visitor types of accommodation under the term short-term accommodation.
Kim Rawlings 03:01:34.925
And it's specific to that site?
Anita Lakeland 03:01:36.265
Yeah, and it's specific to that site. So the only increase in visitor accommodation types on that that we're suggesting is... the only increase in visitor accommodation types on that that we're suggesting is for backpackers and motel.
Brian Stockwell 03:01:45.632
Thank you. I just think, just to clarify, I think the same or similar wording is used for the whole slide, so another slide where traditionally backpackers has been the main use.
Frank Wilkie 03:01:56.552
All right, we'll go back to the original motion, unless there are any more amendments to which only I have spoken. Does anyone wish to speak to the original motion?
Amelia Lorentson 03:02:17.279
I would like to move a procedural motion that we defer the decision-making to next Thursday.
Frank Wilkie 03:02:36.946
And what's the advantage of adjournment of the first? We've had advice from the CA that meeting be adjourned until next... I'm happy if it achieves the same outcome. It's the same thing.
Amelia Lorentson 03:02:56.166
It's just a... So that council note So that council note the report by strategy and sustainability manager to the special meeting dated 5th December 2024 regarding proposed amendments number 2 to Noosa Plan 2020 and adjourn the meeting to a later time should be determined by the chief executive officer to allow councillors further opportunity to consider the details and implications of the report. I don't think I need to really go on about it. I think we are all exhausted and sleep deprived and I think again considering the significance and the impact of the decision we are going to be making today, I think it's in our community's best interest that we are alert and fully informed. So I think this is just common sense.
Frank Wilkie 03:03:49.666
Any other councillors wish to speak to the motion to adjourn?
SPEAKER_01 03:03:57.646
Councillor Wegener?
Tom Wegener 03:03:58.926
I feel as though the questions were answered. We're here. We've really gone through what needed to be done and we are councillors. We need to make decisions. This is what we are here to do. And I think we have a very, we should make the decision right here and now and not put off, not, it just, it opens up a can of worms. But more importantly, we have gone through the process and I think we've come to a place where it's time to make decisions. We all have, there are questions answered. We've been here in the morning and if we have more questions, we have more time. have more time.
Frank Wilkie 03:04:37.420
I'll speak on it. I had to write it down because I am tired. So, as someone who's dedicated my career to evidence-based decision making during my time in the police service, I firmly believe taking necessary time to fully understand all the facts before I can act. I've never just arrested someone without solid evidence and I cannot in good conscious vote today, which is why I want to support just a few days to digest the amount of report and submissions that I would like to go through more.
Jessica Phillips 03:05:15.399
I did a bit of a I've never just arrested someone. I did a bit of reflecting on the 2020 plan when I was thinking about this and I had a toddler, well I had two kids under four, and I had no idea the 2020 plan came out. And I've lived here my whole life and I think I want to speak on behalf of just so many busy people and I'm one of them. I'm juggling the job, making really good decisions hopefully for a community's best interest and I'm asking personally for just some time. I'm exhausted. As a councillor, I'm not just a councillor, I'm a mother of two. My phone doesn't stop. It hasn't stopped in the last week around Kin Kin, Cooroy last week, around so many foreshore plans which is out of consultation. My phone and emails haven't stopped. Our residents are balancing the same demands and probably more leading into Christmas. I just need more time. I can make decisions. I've made life-threatening decisions on the spot. So I can make a decision and it's not about that. It's that I want to, with this, make a really informed, not tired decision on what we are potentially changing the future of what Noosa looks like.
Karen Finzel 03:06:43.380
Yeah, look, I thank you for bringing this forward, Councillor Lorentson. Given what's been spoken around the table, I think it is just a pause button. I think that just shows respect back to the councillors, especially the new councillors. That have, you know, want to do their job with excellence. We support that. I'll support the motion. I think it's important. And I think also given the amount of emails and uncertainty that community has not fully understand the process. We have the, you know, the benefit of being in here. We fully understand that. I think also it gives them think also it gives them time to go back today and look at this fill and then hopefully some of their concerns have been eliminated when they've heard the answers to the questions. I'm happy to support it. Noting also that we do want to get this move forward because it is very imperative. that we don't miss this opportunity to get this back to state in a timely manner given the years and the amount of time of work. It is critical that hopefully the CEO gives the opportunity that comes back within a reasonable time frame to make sure that this decision doesn't impact those critical timelines. Thank you.
Frank Wilkie 03:08:05.520
I'll speak to the motion as well. We've talked a lot about staff wellbeing lately and looking at the faces of these very tired people around the room you can see that this team been through a lot in this process and now also acknowledging that wellbeing of councillors is also important and making sure we make the right decisions. I don't think this gave us the best opportunity to make good decisions today.
Brian Stockwell 03:08:37.700
Yeah, when I came to the meeting I was with Councillor Wegener. Certainly for myself, I haven't had that lot of long nights, but as I said, I'll probably deal with these sort of matters in a different way to other councillors who might like to get a very, very detailed appreciation. It wasn't said in the debate, but I overheard the statement is, you know, if we want council role to be available to a diversity of people, we have to take account to their lifestyle like our mums, and I think that's probably my decision is that we don't want to be saying just because it's okay for me, then I don't have to get my head around it. What was it said? Does that make a difference? Does that make a difference? So, I will support the amendment, and- Proceed with your motion. Now this, you're right. Proceed with your motion. No, it's the chairman. It's the- Proceed with your motion. Proceed with your motion. Sorry, my apologies.
Karen Finzel 03:09:36.085
In full recognition, that If that lobbying may try and influence certain councillors, fine. I think all the decisions are resolved. I think the key issues for this amendment have been resolved. There may be one or two areas of lots that some councillors may want to just get their mind around, but substantive decisions are being made. And I want to make it really clear that adjourning it isn't for the purposes of community consultation. We were elected to make this decision, it's one of the most important decisions you make in a term of council, and to be fair and unbiased in our approach to community engagement, having Like I said, I'm all naked. certain more connected individuals or groups influence our decision post receiving advice on the sum of all submissions does threaten the process. So be aware, we're always up to being lobbied, but be aware the process of community consultation happened months ago.
Frank Wilkie 03:10:52.460
Look, I think the tribe has spoken. I do really appreciate hearing from the councillors about the way this process has impacted them. I think anyone watching today will get an appreciation that it may look easy, but it's not an easy job. And this is the job. I would also like to compliment staff, because if you think we're under pressure here today, or have been during the workshops to digest and absorb all this information, I know you do have regard for the staff, if you can read this for three years now. So I just want to acknowledge. just want to acknowledge that. Councillor Stockwell makes a good point. The consultation process was extensive. The submissions have been addressed and reflected in the proposed amendments. We've tested amendments to those amendments. tested amendments to those amendments today that reflected some individuals' concerns, and they've been tested and we've dealt with them. So I will support my fellow councillors in this procedural motion, but I just want to compliment you on the way you've worked through these issues today. This is the process. This is the work of the local government. It is difficult, and it does have implications. I'd like to commend the councillors for wanting to take the time they need to get advice, but also have regard to the advice, the professional advice, written... Written and spoken that we've received from the staff has been excellent from the second to none. That's why I have no problems with ratifying the planning scheme amendments today, but I can see where this is heading. I'm going to support the
Amelia Lorentson 03:12:55.060
I will close. I want to recognise the complexity and the importance of the matter before us. Decisions we make today, like I said, is going to have a on Noosa, its character, what it looks like, its liveability, what are these costs to our lifestyles. It's also going to have an impact on the trust the community in us as they're elected.
Frank Wilkie 03:13:24.830
We're just talking about whether we adjourn the meeting or not. I am. I'm talking about why we should be adjourning. I need the time to ask these sorts of questions between now and when the adjournment happens. happens. I want to ask, have we truly listened to the community? Have we really understood the impacts of these decisions in front of Are we getting ourselves, are we truly going to ever achieve what we're seeking to achieve, which is affordable housing? Or are we just chasing an ideal? Today and why the adjournment's in front of us is we're discussing process. We've had days to read and analyse and digest the information, the submissions for the first time, 136 pages of it. And as Councillor Phillips mentioned, whilst balancing our other responsibilities, Monday I think I had a 10 hour day, we need to make fully informed and thoughtful decisions and we need to have sleep. This is not about avoiding difficult decisions. We understand our role as councillors. This is about respect, respect for our community to ensure that they know that we have had time and we have the clarity to make the right choices for them. Stakes are high and our community needs or deserves nothing but the best of us and that means we need to be alert. Put the procedural motioners in favour. That's councillor Finzel, Stockwell, Wilson, Lorentson, Phillips and Wilkie. Those against? Councillor Wegener, the procedural motion is carried. The meeting is adjourned. 11:45.
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