Planning & Environment Committee Agenda, 9 September 2025
Date: Tuesday, 9 September 2025 at 9:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 01:27:24
Synopsis: Amendment adopted with State conditions: prioritize housing, restrict STA, revert dual occupancy ≥600m², Notifications dispute, Coastal refusals appealed, Delegation risks, Superseded planning/compensation.
Meeting Attendees
Committee Members
Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie Non-Committee Members
Karen Finzel Jessica Phillips Executive Officers
Chief Executive Officer Larry Sengstock Director Strategy And Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Community Services Kerri Contini AI-Generated Meeting Insight
Key Decisions & Discussions Amelia Lorentson: Corrected the delegated decisions report, noting RAP25-0012 (32 Park Crescent, Sunshine Beach) was refused, not approved; item 7.1 was referred to General Committee to fix the record (03:23–03:40; 7.1). Richard MacGillivray: Clarified July had 60 approvals and 4 refusals (incl. 32 Park Crescent), with 20 operational works approvals; high productivity month (01:55–03:10; 7.1). Richard MacGillivray: Two coastal refusals now under appeal (one to P&E Court, one to Tribunal); key grounds were coastal erosion risk management and over-height/site cover exacerbation (04:19–04:57; 7.1). Brian Stockwell: Supported staff refusals, warning against “monuments” breaching Noosa Plan height/site cover; urged consistency to protect scheme integrity (08:34–09:35; 7.1). Richard MacGillivray: Delegations used due to code-assessable timeframes and deemed approval risk; one applicant pressed timeframes (05:09–05:40; 7.1). Committee: Recommended Council adopt Noosa Plan 2020 Amendment No. 2 (with Ministerial conditions), set start on Gazette date, publish notices, notify affected owners/submitters, and allow CEO minor corrections; carried 3–1 (For: Stockwell, Wegener, Wilkie; Against: Lorentson) (12:07–13:10; 7.2). Kim Rawlings: Stated State signed off twice (state interest; final approval with conditions), and endorsed engagement plan; three-year process with extensive consultation (12:07–14:05; 7.2). Staff: Key amendment outcomes: prioritize permanent housing in medium/high density and centre zones; rezone parts of tourist accommodation to residential/centres; restrict further STA; pathway for affordable housing; innovation zone streamlining; Noosa Business Centre village concept; expanded Junction trading hours with “amplified music” definition; health/wellbeing precinct at Noosa District Sports Complex (14:05–18:00; 7.2). Staff: Minister imposed 8 conditions incl. reverting dual occupancy threshold to ≥600m² in medium density, limiting amplified music AO to outdoor spaces, accepted dwelling houses in community facilities where regulation allows, removing post-notice noise/privacy measures in high density near centres; all conditions mandatory (18:00–18:55; 7.2). Frank Wilkie: Highlighted enabling tiny homes (relocatable home parks) on community facilities land for crisis/temporary housing and STA curbs to protect permanent housing (01:09:17–01:11:54; 7.2). Amelia Lorentson: Opposed adoption solely due to lack of direct notification to owners affected by provision changes (as distinct from zone changes) and impacts on medium density dwelling/duplex permissions; acknowledged superseded rights but equity/cost concerns (01:22:30–01:26:11; 7.2). Contentious / Transparency Matters Amelia Lorentson: Queried why only zone-change owners (≈1,000 letters) were directly notified; sought inclusion of owners affected by provision changes; staff agreed current rec. re-notifies zone-change owners/submitters, with public notice; further offline discussion flagged (22:05–23:44; 7.2). Staff: Confirmed no consultation with Council on Ministerial condition reverting dual occupancy threshold; end-stage options are adopt or not adopt entire package (33:00–34:23; 01:06:24–01:08:05; 7.2). Staff: Noise/privacy additions near major centres deemed “significantly different” post-notification; State required reverting to notified version; staff propose reintroducing via future amendment (37:01–38:21; 7.2). Brian Stockwell: Called out State delays and structural subordination of local government; emphasized STA wind-back significance and housing incentives in centres (01:16:14–01:20:12; 7.2). Committee: Fast-track (tailored) amendment process noted; staff cautioned risk if State/community consultation run in parallel and State changes require re-notification (01:12:33–01:15:53; 7.2). Record Integrity: Delegations report error corrected in public meeting; referral to General Committee preserves transparency and administrative accuracy (01:55–03:23; 7.1). Legal / Risk Richard MacGillivray: Appeals: one refusal in P&E Court, one in Tribunal; Tribunal decisions non-precedential; Council tracks cases and costs; 80–90% resolve at mediation with amendments aligning to scheme (04:19–08:17; 7.1). Delegations: Code-assessable coastal matters determined under delegation due to deemed approval risk; time extensions sometimes contentious (05:09–05:40; 7.1). Superseded Planning: Owners have 12 months to request assessment under superseded scheme; Council has 30 business days or deemed approval; if granted, 6 months to lodge DA; standard two-year substantial commencement for building works; up to 6 years for MCU (43:09–45:50; 7.2). Compensation Pathway: If Council refuses superseded request and subsequent DA is refused/conditioned, an applicant may claim compensation for loss of value due to scheme change; multi-step process under Planning Act (01:02:33–01:04:04; 7.2). Call-up Risk: Bringing superseded matters to Council requires applicant’s agreed extension; otherwise deemed approval risk within statutory timeframe (01:00:36–01:02:27; 7.2). OLGR Alignment: Amplified music hours in planning scheme stay consistent with OLGR; State required limiting AO to outdoor spaces (57:51–01:00:22; 7.2). Short-Term Accommodation and Housing Affordability Staff: Amendments prioritize permanent residents in residential and key centre zones by restricting new STA; parts of tourist accommodation rezoned to support permanent housing (14:05–18:00; 7.2). Brian Stockwell: Asserted Noosa’s STA controls are among Queensland’s strongest; anticipates gradual return of neighbours as abandoned STA use rights lapse (01:16:14–01:20:12; 7.2). Frank Wilkie: Emphasized enabling tiny homes (relocatable home parks) in community facilities to deliver crisis/temporary housing on church land via impact assessment (20:19–21:11; 01:09:17–01:11:54; 7.2). Staff: Affordable housing definition used: lower 30% income households spending ≤30% of income; achieving true affordability in Noosa generally requires subsidy/community housing providers (51:27–51:54; 49:34–50:46; 7.2). Staff: Secondary dwellings eased and exempt from infrastructure charges when for permanent rental/family (not STA), improving affordability by design (50:57–51:27; 7.2). Zoning Changes, Medium/High Density Policy, and Noosa Business Centre Staff: Minister reverted dual occupancy in medium density to lots ≥600m² (not ≥1,000m² as Council sought post-notification); dwelling houses under 500m² permitted as proposed (31:31–32:36; 7.2). Amelia Lorentson: Opposed package based on impacts to owners in medium density (duplex limitations) and equity for those unable to fund superseded applications; sought broader direct notification (29:21–33:57; 22:05–23:44; 7.2). Brian Stockwell & Staff: Flagged future review of zone naming/intent to better match Noosa’s desired outcomes (e.g., low-medium vs medium/high); align with regional plan while preserving character (28:33–30:46; 7.2). Staff: Noosa Business Centre: establishes integrated village with diverse housing/employment; relocates transit hub; innovation zone streamlines non-traditional enterprise with setback tweaks; residential zoning clarified (40:39–41:52; 7.2). Brian Stockwell: Warned of transport constraints at Noosa Business Centre; urged TransLink hub focus and active/public transport investment to support intended density (01:52:33–01:54:14; 7.2). Staff: Housing/density growth targeted to major centres; must meet regional dwelling targets while minimizing village impacts (54:14–56:34; 7.2). Sunshine Beach and Coastal/Noise Issues Richard MacGillivray: 32 Park Crescent, Sunshine Beach refusal reasons included amplified height/site cover due to topography and amenity/character impacts; currently under appeal (09:48–10:37; 7.1). Staff: Coastal refusal grounded in inadequate response to erosion-prone area coastal processes; aligns with State and scheme coastal hazard requirements (04:19–04:57; 7.1). Staff: Sheds exceeding 3.5m no longer enjoy rear setback exclusions in urban zones to protect amenity; rural lots excepted (21:16–22:00; 7.2). Staff: Amplified music AO limited to outdoor spaces per Minister; flexibility to consider proposals via PO remains; OLGR hours align (57:51–01:00:22; 7.2). Process, Appeals, and Costs Staff: Mediation is first step in P&E appeals; majority resolve at mediation with lower costs; complex cases with multiple experts and barristers can be costly (07:07–08:17; 7.1). Staff: Monthly appeals spreadsheet (incl. historical cases, financials) provided to Mayor; Tribunal decisions do not bind; P&E Court decisions may guide (06:03–06:52; 7.1). Staff: Tailored (fast-track) amendment process under s18 available; tighter timeframes, potential parallel steps; staff caution on community engagement risks if State alters content mid-process (01:12:33–01:15:53; 7.2). Tom Wegener: Noted amendment cycles continuous (“painting the Harbour Bridge”); numerous small fixes to reduce red tape (e.g., cottage food producers) (26:43–26:51; 7.2).
Official Meeting Minutes
MINUTES Planning & Environment Committee Meeting Tuesday, 9 September 2025 9:30 AM Council Chambers, 9 Pelican Street, Tewantin Committee: Crs Amelia Lorentson (Chair), Brian Stockwell, Frank Wilkie, Tom Wegener “Noosa Shire – different by nature” PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 SEPTEMBER 2025 1 DECLARATION OF OPENING The meeting was declared open at 9.32 AM. 2 ACKNOWLEDGEMENT OF COUNTRY Noosa Council respectfully acknowledges the Traditional Custodians of the lands and waters of the Noosa area, the Kabi Kabi people, and pays respect to their Elders, past, present and emerging. 3 ATTENDANCE & APOLOGIES COMMITTEE MEMBERS Cr Amelia Lorentson (Chair) Cr Brian Stockwell Cr Tom Wegener Cr Frank Wilkie NON COMMITTEE MEMBERS Cr Karen Finzel Cr Jessica Phillips EXECUTIVE Chief Executive Officer Larry Sengstock Director Strategy and Environment Kim Rawlings Director Development & Regulation Richard MacGillivray Director Community Services Kerri Contini APOLOGIES Nil. 4 CONFIRMATION OF MINUTES 4.1 PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES DATED 12 AUGUST 2025 Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener The Minutes of the Planning & Environment Committee Meeting held on 12 August 2025 be received and confirmed. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 SEPTEMBER 2025 5. PRESENTATIONS Nil. 6. DEPUTATIONS Nil. 7 REPORTS FOR CONSIDERATION OF THE COMMITTEE Nil. 7.1. PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – JULY 2025 Committee Recommendation Moved: Cr Amelia Lorentson Seconded: Cr Brian Stockwell That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee for further consideration. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None 7.2. NOOSA PLAN 2020 - AMENDMENT NO. 2 - COUNCIL ADOPTION Committee Recommendation Moved: Cr Frank Wilkie Seconded: Cr Brian Stockwell That Council A. Note the report by the Strategy and Sustainability Manager to the Planning and Environment Committee on 9 September 2025 regarding proposed Amendment No. 2 to Noosa Plan 2020 and; B. Under section 22 of the Minister's Guidelines and Rules: 1. Adopt proposed Amendment No. 2 to Noosa Plan 2020 as contained in Attachments 3-14 which incorporates changes as required by the Ministerial conditions outlined in this report; 2. Publish a public notice in the newspaper and Queensland Government Gazette; and 3. Notify property owners affected by the amendments who were notified during public notification. C. Set a date for Amendment No. 2 to Noosa Plan 2020 to take effect being the date the notice appears in the Queensland Government Gazette; D. Provide the Chief Executive Officer for State Development and Infrastructure Planning a copy of the public notice and certified copy of the amendment. PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 9 SEPTEMBER 2025 E. Delegate to the Chief Executive Officer to be able to make minor corrections if required prior to gazettal. Carried. For: Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: Cr Amelia Lorentson 8 REPORTS FOR NOTING BY THE COMMITTEE Nil. 9 CONFIDENTIAL SESSION Nil. 10 MEETING CLOSURE The meeting closed at 11.00 AM.
Meeting Transcript
Amelia Lorentson 00:00.080
The Planning & Environment Committee Meeting. It's now 9:30. I declare the meeting open and I'll start by an Acknowledgement to Country. Noosa Council proudly acknowledges and respects Australia's First Nations people their deep and abiding connection to this country. We recognise the Kabi Kabi People as the Traditional Custodians of the lands and waters of the Noosa area. We pay respect to Kabi Kabi Elders who have come before us and acknowledge. Their enduring commitment in pursuing a healthy future to First Nations people. We pay respects to elders past, present and emerging. To the desk Mayor Wilkie, Deputy Mayor Councillor Stockwell and Councillor Tom Wegener, Larry and online welcome Councillor Karen Finzel. And Jess, oh and Jess, welcome online or welcome online also Jess, Councillor Phillips. Can I please request before commencing the meeting that everyone have their phones on silent or turned off and we'll start with item 4 confirmation of minutes, can I please have a mover and a seconder? Thank you Mayor Wilkie, thank you Councillor Tom Wegener. No discussion, all in favour? Great, thank you. Presentations, deputations? There are none. So we go straight to Reports for consideration of the Committee. Item 7.1 planning applications decided by delegated authority in July 2025 and welcome to the desk Patrick Murphy. Thanks Patrick, if you want to give us an overview of the report in front of us. Thank you Councillor. Patrick Murphy 01:55.274
Yes, this is the monthly report of those decisions that were decided under delegated authority for the month of July. Quite a busy month, 60 applications that were determined. So 60 applications that were approved and it's showing three that were refused. You'll note there's quite a lot was of works approvals through that month. The team were very, very diligent and have done a great job in getting out a large number of decisions. So yeah, very productive month for the team. I am aware that the report is for noting, but I'd like to point out there's one application, RAP25/0012. For 32 Park Crescent, Sunshine Beach. It was an early referral response, it was a combined application. There was also associated development permit for building works. Both of those applications were refused. Unfortunately the report shows the RAP, the early referral response being approved but it was actually refused. Amelia Lorentson 02:52.419
Can I just clarify that's RAP 25/0012 on the report? That's correct. So there was four refusals not three refusals in the 65? Patrick Murphy 03:03.753
That's correct. Thank you. Two combined applications, as a result they were both refused. Brian Stockwell 03:12.426
Is it appropriate to have the motion that amends the table before it's adopted? It would be it would be pertinent to do that, yes. I think so. Amelia Lorentson 03:22.351
Yeah. So we might leave the amendment for General Committee, is that the process? Yeah, we can do that. That would be great. Thank you. Miss. So questions around the table, the Councillors? Frank Wilkie 03:39.495
Just noting it seems to have twice the amount of approvals or matters than previous months? Patrick Murphy 03:46.143
Often we're in the high 30s and this certainly was a very productive month for again, going back to the number of operational works approvals, 20 for the month is quite a large amount. The team were just incredibly productive through that month, so yeah. Amelia Lorentson 04:04.611
Well done. Terms of the properties that were refused, all of them were coastal properties. Can I ask what specific planning scheme provisions or criteria led to the refusals? Patrick Murphy 04:19.435
Just mindful that both of those applications are now subject to appeal. They are? Yeah. Um they aren't so one in the Planning & Environment Court and the other with the tribunal. Broadly speaking, one of the properties, there are issues with how they're demonstrating they will deal with coastal processes, being in an erosion prone area. And the other application related to an existing dwelling that's already over height and over site cover, for which they were seeking to extend and exacerbate both of those elements and that was refused on those grounds. Amelia Lorentson 04:58.188
Standard process that those decisions are made under delegations or in some instances we've seen them in the past come to Council for a decision? Patrick Murphy 05:09.513
Yeah, being code-assessable and having timeframes associated with them, they are to able be made to be made under on a delegated or authority. The applications needed to be determined. The time was certainly getting to that point where they could have won deemed approval and we had some issues with one of the applicants around the time frames and they're seeking potential deemed approval. Amelia Lorentson 05:40.118
My last question in terms of just past legal cases and planning appeals. Does Council actually have a database? Where we can access decisions made in the past and that whether that can help us as part of the assessment process to give some of the applications some context. Is that information collated? Patrick Murphy 06:03.766
We have a monthly spreadsheet of cases that's provided. To the Mayor that includes historical cases as well so it gives a summation of the cases, it gives some financial context to the cases as well. In terms of an actual database we certainly record all the relevant matters associated with the appeal in our electronic records and it's something that we when we're making determinations are certainly mindful of previous decisions noting that the decisions by the tribunal are not we're not bound by decisions of the tribunal they don't set a precedent. Decisions made by the Planning & Environment Court certainly are those that create a precedent. Amelia Lorentson 06:53.033
And in terms of estimated costs, mediation versus if it actually goes to Planning & Environment Court. Can you give us an idea of the estimated costs of the Council? Patrick Murphy 07:07.166
So I suppose just to separate them out again, in terms of the tribunal, if they go to the tribunal, there's no legal representation, it'll be officers time. So it's quite, minimal. Going to appeal certainly appeals we've had cases that have been quite significant in terms of the cost that's been associated with them. There have been long cases that have maybe gone on for a number of years and many experts and involve court time with barristers so they'll be at the certainly the higher end of the range. Some matters can be resolved quite quickly through mediation still probably involving experts it's and I've recently provided some data to the Director around decisions that were made in I think the last 14 months or so and I'd say that 80 to 90 percent of them were resolved through mediation process and you know generally with the applicant amending their proposal to align with council's planning scheme and our intent for the site and their therefore the cost of those was certainly at the lower end of the scale. Frank Wilkie 08:14.207
Just following on from that, mediation is always the first step? Patrick Murphy 08:17.792
Yes, that's correct. Sometimes an appellant may seek to push on the matter, but the courts generally will seek that the mediation occur early in the process, that's right. Amelia Lorentson 08:33.242
Thank you. So are we going to refer it? Brian Stockwell 08:37.589
I'll talk to it first. I'd just like to support staff's refusal of the two applications. I think we're seeing an increasing number of people trying to push the boundary of the Noosa plan. Building excessively large monuments to themselves in their houses. I think it's an issue that we need to make it really loud and clear from this Council that Noosa the plan is something that this community holds very close and very dearly and that just because they can afford to take to appeal it's not the right thing to do. Is to build a house in compliance with the planning scheme and I think this community should make it really clear to all applicants and any planning consultants who are pushing the boundaries in this regard that the Noosa Plan, our expectations on height and site cover are negotiable. Frank Wilkie 09:34.768
Thank you. Christian, how about you? Question, Madam Chair. Just a question about the height and setbacks for 32 Park Crescent. Could you explain what the issues are with the height and the setbacks for 32 Park Crescent? Patrick Murphy 09:48.187
There's height setbacks and there's site cover as well on that one. So it's quite a large house that exists there at the moment with the topography of the site. As the house extends to the rear of the site, the issues are amplified. They're seeking to extend the building further so that the height. Would get greater and that the site cover would be further increased and we are not satisfied with that on the basis of potential impacts to adjoining property owners, the appearance of the built form to the surrounding area and not being in keeping with the desired built form outcomes. Thank you. Amelia Lorentson 10:37.484
Any further comments or questions before I refer this to the General Committee. Tom Wegener 10:42.129
Good work out in planning. You guys had a big month. Amelia Lorentson 10:47.295
Thank you and I'd like to also acknowledge how much how many applications have gone through, how many approvals. Have gone through and you know that takes a lot of work so thank you very much. Thank you. I'll move that the report is moved to the General Committee just to allow for some technical corrections. We only have three. Oh, thank you. That Planning & Environment Committee agenda item 7.1 be referred to the General Committee for further consideration. Can I have a seconder, please? Thank you, Councillor Stockwell. No discussion, no further discussion. All in favour, please. You. And that brings us to the next item on the agenda, which is 7.2. Is Noosa Plan 2020, Amendment No. 2. Council adoption. And I welcome to the desk Kim, Director Environment and Strategy from Rawlings, Anita and Rowena to the desk. If I can ask if you can just start with an overview of the report in front of us today. Kim Rawlings 12:07.608
Sure. I might just start if that's okay. Councillors, today's report signifies a very significant milestone four for Amendment No. 2, which has been in the making for well well over three years we are now at the point of the final step in the process, which is recommending to Council for the adoption of this amendment package, and Anita will go through a quick summary on what the package contains. But what I just did want to say is, one, to acknowledge the significance of the milestone and the endurance of the team over those last three years, and the Council in many hours of workshops and processes and consultation, and the community for the significant amount of feedback we got on this package to refine it. But I also wanted to say that, importantly, the government state government have signed off on this package on two occasions. So the first process is the State interest process, which gives Council the confidence that the State interest are incorporated into the planning scheme and it complies with state planning policy. So the first tick is received and as part of that process the State government also sign off on our communication and engagement plan, which they did signed off as it being compliant. And appropriate. We then delivered our consultation in accordance with that endorsed communications plan, which was a very extensive consultation process. And then this step is the State government also signing off with a number of conditions, which we will step through briefly. But essentially it says that, you know, subject to those conditions, Council is now able to adopt the scheme. It has met state requirements again. So just wanted to provide that context before we provide a little bit of summary of what's in the package. Sure. Thanks, Anita. Anita Lakeland 14:11.776
Council, you recall that at its meeting in December, well, over two meetings, the 5th and 12th of December last year, Council endorsed the amendments for the purpose of final state interest check and. Ministerial approval. And the key outcomes of the amendments were to implement the recommendations of the Housing Strategy, as well as the Short-term Accommodation Monitoring Report. The Short-term Accommodation Monitoring Report was a requirement to prepare that as a ministerial condition and implement those recommendations. The amendments seek to ensure sufficient land is available for permanent residential housing facilitates and improved housing security. Choice, diversity and affordability to meet the housing needs of Noosa Shire residents. It also establishes a pathway for the delivery of affordable housing and prioritises permanent residents in residential zones and key centre zones by restricting further short-term accommodation. Monitoring all of those were recommendations both the short-term accommodation monitoring report and the Housing Strategy. So amongst a range of other things, other key elements of the amendments are that we are restricting future development in the medium and high density residential zones and most zones to permanent housing, which is the key purpose of those zones, excluding further short-term accommodation. We're also rezoning parts of the Tourism Accommodation Zone to residential and centre zones to support permanent housing, as opposed to more short-term accommodation because we have an extensive Tourism Accommodation Zone, which allows for development for visitor accommodation. We're increasing housing diversity and choice particularly around small dwellings and we're allowing visitor accommodations such as cabins and rooms and in the rural and residential zone to continue provided the permanent resident remains on site in their dwelling so we don't lose further permanent housing to short-term accommodation but they can still operate short-term accommodation whilst they're on site. Additionally the clear out amendment defines clear outcomes for Noosa Business Centre as an integrated village combining diverse housing and employment opportunities this was a ministerial condition which we've now we are now implementing. It also establishes guidelines for development within that innovation zone. It expands allowable trading hours for food and drink outlets in Noosa Junction Hospitality Precinct with a new definition of amplified music and it supports the future of sports medicine through the creation of a health and well-being precinct within the Noosa District Sports Complex. Improves the general operation and workability of the scheme by making improvements to its workability interpretation and clarification. So the minister has now followed following our submission of those amendments endorsed by Council reviewed the amendments and approved it subject to eight conditions. Three of the conditions were at the request of Council staff. Two were to correct a couple of errors that we had picked up and one was to facilitate the rezoning of three lots that we purchased under the voluntary buyback scheme to recreation space to avoid having to do another amendment process. There were two conditions that the ministers directed us to revert back to the publicly notified version of the amendment and that's around making dual occupancy inconsistent on lots equal to or greater than 600 square metres in the medium-density residential zone and applying the amplified music provision AO only to outdoor spaces. The minister has also directed that we comply with requirements under the planning regulation around making dwelling houses accepted development in the community facilities zone where it complies with the regulation. There's a capture all condition to make any changes arising from any of these amendments and removes noise a condition that noise attenuation and privacy measures that we tried to implement post notification in the high density and residential zones which are joined major centres. So they're the eight conditions. It's a requirement as part of the minister's approval we adopt all of those conditions. There's no picking and choosing. So it's a whole package which we're recommending for adoption by Council. So following council's formal adoption we will place a public notice in the local paper. We also will update our website and put a notice in the Queensland government. Gazette. Proposing to commence the amendments on the 26th of September. Property own is owners affected by a zone change, previous submitters and key community industry groups will also be notified. And we'll have supporting packages, explanatory information, fact sheets to assist in the understanding of changes. And we'll all take inquiries on that. So as Kim has already mentioned, considerable time and resources have been expended on to deliver these amendments over nearly a three-year period. And the adoption of these amendments represent a significant update to Noosa Plan 2020, delivering key actions from Housing Strategy and Short-term Accommodation Monitoring Report particularly in relation to increasing outcomes for permanent housing to the most needy in our community. Frank Wilkie 20:00.324
Thank you being here. For the summary of the extensive range of changes that this package will bring in. There was some changes to do with allowing tiny homes on church land, community facilities land. Could you just speak to that please? Rowena 20:19.834
To talk to that? Sure. The definition, land use definition of relocatable home parks has been made a consistent use in the community facilities zone, just as the use of retirement village already is. So, if a place of worship has spare capacity within their property, within their land holdings and they want to put two, three, four, five tiny homes on their property, they can seek approval of Council. Through an impact assessment application to do that Frank Wilkie 21:02.088
And this was in response to churches asking for changes so that they could provide temporary accommodation. We had drafted it even before then, but yes, it aligns with that policy. There was and there were some changes to limit the size of, we got some feedback from residents in urban areas about two storey sheds appearing on their boundary fences in urban areas. There were some changes that are protecting the amenity of residents in regards to impact of large sheds. Could you just explain what that change involves please? Rowena 21:39.788
So, the planning scheme side and rear setback provisions. There were exclusions for carports and sheds, but we've tightened that so that if the shed exceeds four point, three and a half metres, then they won't get that extension. Frank Wilkie 22:00.399
Unless they're on a rural lot. Yeah. Exactly. Thank you. Amelia Lorentson 22:05.941
I'll ask a question. So the recommendation number three is notify property owners affected by the amendments who were notified during the public notification period. My understanding there was a thousand letters sent to property owners that were potentially been affected by either overlay or zone changes. The property owners that were affected by changes in the provision of the zones were not notified. Are we going to notify them of this change and is that captured under the recommendation the way it's worded at the moment says those already notified? Can we expand that to include those that are impacted by provision changes? And is that difficult in terms of resourcing your costs? Kim Rawlings 23:06.717
Yeah so as Anita just outlined we will re-notify those who received letters last time that had a zone change. We will also notify those who submit us so if people submitted we'll notify them as well and then there will be public notification of the changes. If there's been a provision change within a zone and they didn't submit then currently we haven't got in here that we would write to Amelia Lorentson 23:43.158
Them. Does a petition give any information? Kim Rawlings 23:50.207
Only to the main petitioner okay. Amelia Lorentson 23:55.240
I might talk to you about that offline. Sure. Thank you very much. Questions around the table? Tom Wegener 24:04.369
Council webinar. Just the history of the planning scheme. So we had the 2020 planning scheme which is quite an ordeal. Before that it was 2006. So between 2006 was 14 years. Before that, so there's big changes, you know, in over a 14-year period. When was the first planning scheme? Because it goes back to, it was before 2006. Rowena 24:30.501
Well, the previous one was non-A-95, but Councillor, it was amended quite a number times. Of between 1985 and 2006. Kim Rawlings 24:42.587
So 1985 was a very significant planning scheme. It's quite a famous Noosa planning scheme, where it put in place a lot of the key elements. Of what we are the beneficiaries of today, Councillor Wegener. That was a very significant strategic plan that was developed at the time. But as Rowena mentioned, it was amended a number of times between 1985 and '85 and 2006, there was an there was then a change in the planning legislation at the State level, which required quite a significant shift in how planning schemes were developed and drafted, it was called the integrated Planning Act. So then there was IPA, integrated Planning Act planning schemes. That came out. Which the 2006 one was, and then we had the 2021 under the new Planning Act. Tom Wegener 25:33.541
So there's, as times change, like we need to continue to evolve the planning scheme. Speed. Oh, absolutely. Because that imagine if we were still in the 2006 era without that planning scheme. So it's been three and a half years of the these amendments in the making. It usually doesn't take three and a half years, does it? Kim Rawlings 25:53.600
No, that's this has been a particularly long process. So no, you it does take some time, but that is probably the longest I've experienced. Anita Lakeland 26:01.835
21 Months with the State? Tom Wegener 26:03.615
Yeah. So that's, I'm just, the message is we have to continue to evolve our planning scheme yes a lot because as in it if us in the room have went through that entire process of years of. There's not a lot of big issues. There's like a thousand plus little changes that will make the whole scheme run smoother. For example, with small businesses and people wanting to make food products, they don't need huge applications to make a little product to take to the markets now under the planning scheme. There's lots of little things like that smooth the way for a better, working Noosa. Kim Rawlings 26:43.365
Yeah, and this is amendment package 2, so even since 2020, we've done, this is the second round of amendments we've done, and there'll probably be a third. Are you working on the third already? Before we start the new planning scheme. Yes, yeah. We're starting on the third. It's like painting the harbour bridge. You finish it and then you start again. Amelia Lorentson 27:07.811
Go ahead Councillor Stockwell. Brian Stockwell 27:10.391
I recall there was one condition before yeah. Advertising that noted that these set of amendments weren't the response needed or foreshadowed in the review of the SEQ Regional Plan, but that hasn't shown up in the ministerial conditions. Is that because the new government's changed tact or they're likely to have a different approach going forward? Kim Rawlings 27:31.737
There was an advisory comment in the first round of state interests that said please note there might be some more requirements to make changes to implement the SEQ Regional Plan. Yes, that was a previous government. There is a review that's been announced for the SEQ Regional Plan that was developed finalised last year and that review will begin later this year under the new government. So that review is absolutely prioritising housing and employment. So you know it's intended to be a fairly efficient process by the State government based on current information so then no doubt there'll be requirements for all local governments to look to how they integrate the new regional plan and subsequent amendments to that to local planning schemes as a result. Brian Stockwell 28:37.556
In 2018, I think we made a decision to reflect the same name for medium density and high density residential zones as was in the 2006 to make it easy since that time we've seen SEQ regional push plans pushing more density into those two zones. Will our next review look at the potential to change the names to be more fitting to what we aspire? That is low, medium and rather than medium and high. Anita Lakeland 29:08.815
It's something that we will be looking at in terms of what outcomes we want to see in those zones that are, yeah, specific to that overall state definition and whether they match. So, yeah, we will do that as part of the review. Amelia Lorentson 29:21.764
Is that something that's happening already in New South Wales where they're referencing like low rise instead of medium density? Is that so there Kim Rawlings 29:31.982
So, there are other zones that are available to utilise in the suite of the planning provisions in Queensland. So, New South Wales has its own set of zones, operates under a different planning legislation. Is state by Amelia Lorentson 29:47.201
But it's that definition that replaced medium density with low rise density zoning, which I think is. Kim Rawlings 29:54.350
I think they've put multiple. So, there's multiple descriptions and we already have it. So, we have a low medium rise zone that exists here in Brisbane, for example, are doing review of their low medium at the moment to, yeah, look at the outcomes and potentially increase its density. So, yeah, there are other Amelia Lorentson 30:12.586
And that's what you're asking, yeah, the it case of Stockwell? Brian Stockwell 30:14.730
It was a decision made basically saying so people would understand that there's the only zone hasn't changed, but it's having ramifications down. If we looked at that review of the regional plan, what other councils do in high density residential is very different from what we do in high density residential. Other councils call medium density. And we haven't used a low medium, whereas probably a range of mediums our medium density areas are really what we desire is more akin to what the low medium is up for. Amelia Lorentson 30:46.479
Can I ask, can you be able to change that the ministers came back and imposed additional conditions. One was in terms of medium density. That we reverted back. The maximum lot size from 100,000 square metres to 600 square metres. Can I start with that one and just ask can you just clarify what you just clarify what resolved in terms of dwelling houses and dual occupancy? What we presented and what came back? Can we just of that get sort of unpacked that a little bit? Anita Lakeland 31:30.147
So following public notification, we made some recommendations to make some changes to the lot sizes for houses, dwelling houses and dual occupancies. One was to allow dwelling houses on lots less than 500 square metres and the other was to allow dual occupancies up to less than a thousand square metres in the medium density zone. Dual occupancies are not consistent. Yeah in the high residential zone that was in response to solution yeah Amelia Lorentson 32:11.654
So the minister came back and said notes of a thousand square metres. To the metres and reverted and back to the original amendment which was 600 square metres that was the only change the minister made. That was the only change. Kim Rawlings 32:37.457
Related to medium density. Amelia Lorentson 32:39.799
Did we at the time take the opportunity to try to discuss with the minister pros and cons and the reasons why we presented 1,000 square metres? What is that process? Is there any communication or any discussion during that state interest, public interest so test period. Kim Rawlings 33:01.360
To resubmit to the State government. We provide them all the information and all the justification including our Council report and our submissions report and justification as to why we've recommended that change it then gets considered and there's a little bit of to-ing and fro-ing about issues we were not consulted about this ministerial condition Amelia Lorentson 33:26.383
So what recourse is available to Council given that we have a written a agreement or a just a written statement from the deputy saying that he would work with local councils to help respect community expectations in terms of any changes in Noosa Plan. Can we go back to him and ask? We further discuss that change given it's quite significant? Kim Rawlings 33:57.563
At this stage of the process, Council have two options, to adopt or to not adopt. The ministerial conditions aren't negotiable. Okay. There you are. Under the legislation, they're like, at the final stage, you must. You can adopt your scheme, but you must incorporate the ministerial conditions. And then, Council, you decide whether you want to adopt that or not adopt that. So, yeah, that's. Amelia Lorentson 34:25.739
You do we get another. Shot at it in the next future packages or amendments? Can we resubmit? How does that process work? Kim Rawlings 34:34.937
Yeah, the next round of amendments, Council can put on the table anything you want to look at that you want amend. So yes, a new amendment process can re-look at things. Yes, for sure. I guess what the ministerial change says to us is that the minister, who is both the deputy premier and has made that statement that he will support local governments, also the minister of planning, wears both very significant, important hats, is that Council you are use your zones as they're intended. It's a medium density residential zone and it should be used as intended and to you know. Deliver outcomes and I think it goes to the heart of what Councillor Stockwell was saying. The government are saying to us, utilise your zones appropriately. Amelia Lorentson 35:32.531
So then my next question, and it sort of feeds into the next question, there are only two councils in Queensland that don't allow you to build a dwelling house in medium density zone. So that conflicts with. Kim Rawlings 35:49.410
So in 2022 the State made a change to the regulations to allow councils to make dwelling houses inconsistent in medium and high density residential zones because it was noted that what was happening was an underutilisation underutilization of those zones. So the State government made the change to allow councils to do that so it'll only be the councils who've made amendments to their planning schemes or new planning schemes in the last two years will have taken up that provision suggest there will be many more in the near Amelia Lorentson 36:29.073
Future yeah but currently Sunshine Coast Council and Noosa Council Kim Rawlings 36:33.879
Yeah so only councils who've done amendments to their schemes or a new scheme now that won't be all the councils you know because you can see how what the process takes so yeah it's about that provision only being available in the last two years Amelia Lorentson 36:50.389
Did they give you any recent condition 8 removing noise attenuation and privacy measures in high-density residential zones did give you any reasons why? They give you any reasons why that got knocked back Kim Rawlings 37:01.765
Yeah that was there's a provision in the Minister's Guidelines and Rules around amending planning schemes that after consultation process if you make changes to your planning scheme that are considered significantly different there is a requirement to re-advertise those changes we made this noise attenuation measures in response to submissions around the noise issues around the junction the noise attenuation measures already exist in the major centre zone to manage noise and you know we considered it appropriate to expand that to the surrounding residential areas for medium and high density new residential development you know to try and mitigate future noise implications the department state government department of planning considered that was a significant change to significant change at the final point not previously and said they reverted back to what was advertised said that they thought it was a good provision but that it was considered significantly different so us to change. It back we could we will and put that into another round of amendment processes Amelia Lorentson 38:21.330
And you mentioned before jokingly but I wonder whether it was jokingly either sort of undertake another future set of amendments or a new planning scheme yeah were you serious and I'm thinking under a new planning scheme then this wouldn't be a significant change it would just be part of a new planning scheme is that right Kim Rawlings 38:43.734
Yeah we would do it we would look start to look at the new planning scheme new planning schemes are around ten years okay so you know as we lead into ten years we'll start to look at a new planning scheme potentially or if there's major changes to state regulations or Planning Act so there'll be another round of amendments before we start new planning scheme when we're not only halfway there what Frank Wilkie 39:08.484
Are the most pressing requests in terms of when the planning scheme amendments going to be coming in that you're receiving on what quarters of the community or industry are you receiving the most urgent requests for updates on the planning scheme amendments like which groups are most urgently awaiting these changes? Kim Rawlings 39:35.500
It's probably a combination of responses there I don't know and we've got people in our centres zones that are waiting for these provisions because for there are some incentive provisions in centre zones so there are a couple of large sites in both our centres. We've definitely got our Noosa Business Centre that is waiting for these provisions. To come into place. There's some efficiencies in the provisions and streamlining around dwelling houses so you know that there's a some red tape reduction elements of the amendments. Anyone else want to jump in? Community housing and the community facilities. Frank Wilkie 40:19.249
Yeah. So like the capacity to now have allow tiny homes on community facilities land? And church land is certainly a huge game changer. Yeah, and affordable housing, Yeah. Could you refresh my memory on what's proposed to happen at this city? This allows the innovation zone? Kim Rawlings 40:39.029
Yes. So this, you have to refresh my memory. Yeah, wanna join in. Come up to the table, please. Rowena 40:49.549
So these amendments will significantly streamline uses and what can go into the innovation zone precinct, reducing a lot of red tape, allowing for new innovative there's some changes to some provisions around setbacks and things like that to cater for new enterprise models that don't traditionally sit in a normal industrial zone. So it creates all those. All things for that innovation and future employment. It also was a response to a ministerial condition in 2020 that we look at the different uses and the more detailed planning around the Noosa Business Centre, you know, kind of corrects, you know, aligns with the new road and what's happened there with the subdivision, allows for the relocation of the transit hub to a more centralised site, so there's a range of. Economic development opportunities sitting with these amendments that. Reduces levels of assessment. Anita Lakeland 41:47.931
Reduces red tape. Residential zoning as well, instead of it being a precinct, so it establishes that land use and that in zone as opposed to currently it's under a major centre zone as a precinct. So we'll deliver that outcome for housing. Kim Rawlings 42:03.607
Provides for some more detailed design guidance around the development of the village centre precinct there. So we did what? Much more finer grain master planning around that. Frank Wilkie 42:14.282
Yeah. Thank you. It's just a reminder of how multi-layered this package of amendments really is. And thank you. It's an enormous amount of work that you've done. Amelia Lorentson 42:27.249
In terms of going back to meeting density and the changes that were made, so if you've got a property that's 600 square metres or greater, you're no longer allowed to build a house. In terms of existing use rights and formal requests under a superseded planning scheme, can you go through what is available to residents at the moment, how can they retain their existing use rights and you talk through the process? Richard MacGillivray 43:05.292
I'm happy to take that question, Councillor. So the Planning Act actually gives provisions to people to protect and gives them a 12 month period essentially to undertake what's called a superseded planning request. So that can give them the ability to apply under a superseded planning scheme. So they make a request through the prescribed form and we will assess that based on the merits of that proposal. In response to existing homes, particularly the medium density zone so once they're established they're protected as is so they don't have to get any changes so that the changes don't affect them as such if they if there's a situation of like a fire or something and there's their house burns down they need to rebuild they're able to do that so that doesn't constitute a Material Change of Use they can charge they minus minor alterations to their house as they normally would without triggering the need for a material change of scale intensity as long as it meets the scheme provisions that are relevant at the time so they can do minor work but if they it's either a vacant lot or it's a complete knockdown and a significant increase in scale and intensity of a new dwelling for example that will trigger assessment and they'll need to apply under the superseded planning scheme to do that so there's a 12-month period from the date of the scheme is endorsed. They have 12 months to lodge a request for a superseded application and the Council has 30 business days to assess that superseded request and if we support that then they've got a further six months to lodge that development application for that particular activity as well so there is a considerable period of time for people to apply to be accepted under these the former scheme, the superseded scheme. Amelia Lorentson 45:04.301
The development application is approved the currency period is two years and they must substantially start the build within two years can you Richard MacGillivray 45:19.716
Speak to that? There's different provisions in the Planning Act around the dwelling houses so with this accepted development for say a building works or a dwelling there's a requirement around a two year to substantially commence the works. For an example where there's Material Change of Use it may be up to an order of six years under the currency periods under Council can specify a particular time frame. But generally it's a two year period for dwelling houses or buildings that must substantially commence that work. Substantially commence. Amelia Lorentson 45:51.446
Thank you. Does that assist? Yeah, that helps a lot. Thank you. Just questions. Jess has got her hand up. I might finish some questions before I go online. In terms of monitoring and evaluation, is there going to be like a formal review process just assist just assessing whether or not these recent planning scheme changes have actually achieved their intended outcome. I know that the housing monitoring report will be coming to Council it's and part of just even planning decisions made under delegation that information will feed whether or not we've been successful. How often are we to expect like a report to come to Council just to evaluate how successful these changes are? Kim Rawlings 46:49.280
Yeah so that is a that is an ongoing process the so the process of amending a planning scheme is driven by a number of factors one is that you know Council may have endorsed new strategies or policies that need implementation through the planning scheme there are new state requirements or there happening in our community you know new trends new things happening you know the rise of Airbnb those sorts of things so planning schemes need to respond to but also a regular review of how the provisions are working and that happens across both know development assessment you where they apply the provisions and often say to us this one doesn't quite work as we might have thought it did and there's an you know ongoing process of capturing those things and same with the team. Know continually looking at whether or not how it was drafted how it was intended is actually resulting in what's happening on the ground so that's is ongoing all the time in how we maintain and monitor the planning scheme, but yes you're right through thinking things like the housing monitoring report that will be a key report that will you know look at whether or not you know what was intended with the planning scheme amendments is actually occurring now it does take a good 12 months to two years to see outcomes of planning scheme changes for the reasons richard's just outlined that you know sometimes you're still operating under a superseded planning scheme for a significant period of time sometimes people get approvals and don't act on them for years so there is a lag time between you where you can actually see whether or not a change to a planning scheme is actually resulting on the you know in outcomes on the ground you know so it is an ongoing and iterative process. Amelia Lorentson 48:37.678
Can I ask and this is just you know what I think about a lot is have we actually really had a robust honest conversation about what is affordable and I and should we and should we have a proper legal or planning definition of affordable you know concerns that I have you know whether it's a hundred square metres it's got to be a win- situation it's got to be something for a developer for him step to into the space totally agree but in ascertaining whether you know we are successfully achieving the outcomes which is affordable housing on top of diversity and supply I think we need to have a definition of what affordable is and again take offline but is that something you consider key Kim Rawlings 49:34.543
Yeah look up where we're always up for discussions about Amelia Lorentson 49:38.249
What Kim Rawlings 49:38.449
Is what affordable housing and in the context of Noosa but it is important to note that there are very clear definitions of what's affordable that exist both at the State level and at the local level and in the industry that are well understood in terms of what's considered affordable easy. Is used in a number of ways though you know sometimes it's affordable by design so the inference that if it's smaller it's affordable or more affordable or less expensive as one of the Councillors might have said yesterday as opposed to affordable and in the Noosa context that's not always the case we know that whereas you know the same dwelling in somewhere other another location might actually be affordable by definition it is a wicked problem for us in reality and to get truly affordable housing in Noosa it requires government support and government subsidy to get affordable housing. Amelia Lorentson 50:46.185
Or alternatively secondary dwellings. Or tiny houses where by the nature of their size you know you can only rent them out for $400 that's Kim Rawlings 50:57.146
Right that's right exactly and we know this year we've made some changes in the State of allowed secondary dwellings to be easier on properties for permanent rental or for family not for short stay letting and Council have also removed the infrastructure charges requirements on secondary dwellings again making them you know more affordable to as an option Frank Wilkie 51:26.614
Yeah there is a to take the chairs point there is a technical definition of affordable that we operate on it's been clear in the Housing Strategy that's correct you explain what Kim Rawlings 51:37.043
That is Rowena can you explain that definition Rowena 51:39.385
Yes the lower 30% of income households more don't pay more. Than 30% of their that's interesting. Frank Wilkie 51:54.280
Truly affordable housing is that is subsidised by community housing Unidentified Speaker 51:58.568
Providers or the State and yeah, for the Amelia Lorentson 52:02.554
And affordable is also location if it's located near a business district where you don't have to get in a car that's right you don't have to yeah commute yeah you can walk Kim Rawlings 52:14.263
Yeah so there's affordable living also you know and that relates to location and access easy access to you know lower cost of transport you know climate responsive Brian Stockwell 52:39.278
Like in the Noosa Business Centre for and the innovation precinct there's a lot of, you know, the content there is people working and living in close proximity. It probably raises a very big challenge for this Council in that this business centre will the biggest greenfield development site over the next decade and we've already got a road network that is over capacity. So the big challenge of approving that is, to improve the public and active transport links. So there's excellent active transport to the beach, but trying to get across Noosa-Eumundi Road is, you know, you take your life into your hands. Public the transport is all focused around Hastings Street and the junction where if, you know, we need to advocate continually and strongly to TransLink that emerging that the Noosa business centre should be the core hub for all our local and inter-regional transport because the whole concept of doing what we did in the planning scheme there is about transport orientated development and at the moment it's one of the worst connected shopping centres on the Sunshine Coast so to me that's the challenge we're raising by focusing our medium density type developments around existing employment opportunities, existing opportunities in terms of retail is we need to then follow that with infrastructure. Planning it will and come at a cost both to the State and to ourselves. Amelia Lorentson 54:14.542
Terms of new technology, in terms of Noosa Civic, a conversation we've had a lot over probably the last five years to spare our residential zones and these discussions that you know state might target our residential zones and put pressure on us to you know build up. Can we go to state and say let's make Noosa Civic six stories is that that's a conversation we as a Council have had for some time, has that I don't know has that conversation started with state or is are we still at just discussion and thought bubbles but it's appropriate development in an appropriate location. And I think the Noosa Civic is appropriate location for densification keep it out of our villages basically Kim Rawlings 55:13.427
So that the planning scheme already says that our major centres are the areas for growth and densification and this round of amendments does just address that um you know if Council want to um re-look at that and increase densities and increase height limits that's up to Council to drive that so so it's Amelia Lorentson 55:37.379
Part of next set of amendments exactly but would that offset any conversation um offset densification in our villages and our suburbs Kim Rawlings 55:51.336
Ultimately we have dwelling targets that we need to meet under regional plan um the and today to date the State have we've been able to demonstrate that within our planning scheme and these amendments we can meet those dwelling targets that's what we'll need to continue to do to demonstrate how we can meet dwelling targets um not just in terms of ultimately the dwelling targets but in increments you know how they're actually seeing some of that supply come on board um how we do that we will to try to do that in a way that is most appropriate to Noosa and putting that forward but we'll need to continue to demonstrate how we meet our dwelling targets and that might be increasing in and around centres Brian Stockwell 56:35.663
Excellent um just to clarify I think that was made that wasn't intended but we haven't previously gone to the State about six Amelia Lorentson 56:43.046
Stories oh no excuse me can I thank you I really appreciate that um Councillor Stockwell but my conversation is again appropriate um densification in appropriate areas and um I would love just to have some further discussion about Noosa Civic as of those appropriate locations sure deep for densification yep the tree four stories currently yeah um thank you um just uh through the CEO questions around the table first and then I'll be sure online thank you um last question in terms of the other change that was made um in terms of amplified music can we have um just that explained also again what we brought to state and what was actually approved Anita Lakeland 57:50.936
Following public notification and in response to submissions sorry I'm just going to go to do it after here we go public yes so the minister's condition is that we revert to the publicly notified version which refers to amplified music occurring in outdoor spaces only what we were proposing post notification was that we clarify that it applies to both indoor and outdoor spaces and that where attenuation is included that there might be scope to operate outside the specified hours of operation so the minister's condition is that we go back to what was publicly notified that only referred to outdoor spaces and there was no option to actually have attenuation which might allow for museums music outside those spaces. Rowena 58:52.918
Outside those specified hours is that clear it's a bit tricky it's a bit of a double negative provision Anita Lakeland 59:01.033
Yeah yeah because it is an AO um it means that there's still scope somewhat for an application to come forward and propose hours outside of what that AO says which could be considered where it meets the PO outcomes around amenity and the like Kim Rawlings 59:25.066
We were looking to provide some flexibility but yeah the State for some reason has gone no bring it back to being really clear about what it applies and where it doesn't apply whereas the AO was giving it a bit more flexibility that if you can put in place these measures to manage the impacts of noise then potentially we'll consider the hours of operation Amelia Lorentson 59:54.117
So now they're saying Council just operate the hours and leave all the office of liquor and gaming regulations to manage the noise yeah stay in your lane yeah yes okay Frank Wilkie 01:00:08.890
Yeah and how do those hours relate to the hours that OLGR has set? Rowena 01:00:14.190
They don't normally adopt the Council hours? Amelia Lorentson 01:00:17.579
Yes they're consistent with the planning scheme yeah further questions around the table I'll now move to questions online observer oh hello Councillor Jess can you tell us your question please Jessica Phillips 01:00:36.462
Good morning thank you just a quick question back to it'll probably be to Richard around superseded planning application wondering if there was um one about the application process under the superseded planning scheme would that be a decision under delegation yeah Richard MacGillivray 01:00:56.209
Thanks yes Jess yeah so the decisions will be made under delegation there's a 30 business day turnaround for us to make those decisions and if we don't make them within the prescribed time frame they become deemed so similar to our code assessment provisions we need to be quite diligent and efficient around making those decisions we will however update councils on a very regular and frequent basis regarding the number and the types of superseded requests coming through so that councils are fully informed and across the details Amelia Lorentson 01:01:32.180
Councillor Jess, have you got a follow-up question? Jessica Phillips 01:01:36.506
I do, yes, so does that mean, Richard, just to clarify maybe for anyone watching, if it came to the delegation and then we wanted it to come to the Council, can you talk me through that process? Richard MacGillivray 01:01:50.659
Uh yes um so if there was a call up um we would need um a written I guess agreement for the time frames to be extended to allow for that decision to be made otherwise there would be a risk of superseded. A deemed um superseded approved we did make the time the decision within time frame so there are risks I guess with that approach you have to get confirmation of an extension to that time frame to happen from the applicant correct and Council would need to agree to that extension Councillor Jess any further questions Jessica Phillips 01:02:31.267
No that's great thank you for that just a follow-up Amelia Lorentson 01:02:35.371
So Council have the discretion to approve an application under a superseded planning scheme if Council refuses the application to retain existing use rights at that point then an applicant may or not want to make an application for compensation for adverse changes made to a planning scheme is that correct Richard MacGillivray 01:03:06.506
Yes so the process has a couple of steps to it so the first step is as you highlighted around the superseded planning request so actually an application to can I considered under the superseded scheme and Council makes a decision those 30 days to say approve or refuse in the event that we don't we refuse that request the applicant has the ability to lodge a further application develop an application and if that is refused or approved in part or approved with condition then the person frequent then may file a claim and that is basically for so, there's a set of rules that you have to follow to so there's a series of steps that have to go considering the is considering that superseded request and can they be assessed under the superseded within that 12 month window and then you've got a further six months to lodge an application to be considered. Amelia Lorentson 01:04:04.988
Thank you, that was really clear. Thank you. Mayor Wilkie? Frank Wilkie 01:04:08.951
What is the likelihood of an approval if the lodged lodges a request to build a house that complies with the superseded planning scheme? Richard MacGillivray 01:04:19.712
Yeah, under the superseded. Frank Wilkie 01:04:22.201
Complies with the conditions and provisions of the superseded planning scheme? Yeah. What's the likelihood of the applicant gaining approval for that? Richard MacGillivray 01:04:29.893
Yeah, yeah, so are you talking about the superseded planning request or actually a development approval subsequent to the superseded request? Frank Wilkie 01:04:38.422
If someone wants to build a duplex on a property that's, say, 700 square metres, which I the current planning scheme, if they make these planning scheme changes come in, they make an application on the superseded planning scheme, what's the likelihood of them gaining approval? Yeah, so we always. If they comply with the provisions Richard MacGillivray 01:05:02.654
Of the. Yeah, so they have a 12 month window to lodge that request with us and we'll consider that based on the individual merits of each proposal. And if supportable, then they'll be able to lodge that development application within six months of that decision. So they still have consideration of using those existing provisions to be assessed under the former scheme. Yeah. And I'm just expressing the personal view here. Unless it's over height or over scale or ridiculously beyond yeah. Prevision of the planning scheme, it's likely to be approved. That's just my. Yeah. Observation. Yeah. No, absolutely. And look, there's a range of factors we consider. There's obviously the legislative elements. There's the potential risk of a claim for compensation. We'll evaluate that. There's also the public interest test around is it in the public interest to allow or consider that. And we've got other relevant matters we consider. So we've got a broad range of assessment. But the general situation. If someone is prepared in their consideration. Amelia Lorentson 01:06:15.250
There are the questions around the type of yes Karen Finzel 01:06:24.906
Thank you Madam Chair staff you thank you for the report and the questions around the table being well answered today I just seeking further clarification around the process to accept or not adopt completely the plan can you some further clarifications if Council was not to adopt a plan in its entirety at this point in time please sure Kim Rawlings 01:06:52.371
Councillor Finzel so as mentioned we are at final the step of the process of amending a planning scheme as guided by the Minister's Guidelines and Rules which is a state sort of rule book for how you amend a you plan. Amend a planning scheme. So we're at the final step and the final step of the process is for the local government to decide whether or not they wish to adopt the amendments or not adopt the amendments if adopt then adopt there then there is one more state stage where you have to a gazette the final amendments which Anita outlined would be on the 26th of September and advise the department and submitters and everything so um your options at this point are to adopt or to not adopt if you do decide not to adopt then the we continue to operate under the current Noosa Plan as it currently stands with no changes and the whole package of amendments is set aside Amelia Lorentson 01:08:05.493
Councillor Finzel, Finzel any further questions Karen Finzel 01:08:08.631
Thank you yes I just have another question around heritage and character areas and the maps the work the that's been done in that space how does that affect future planning applications for people especially in the hinterland around Rowena 01:08:24.697
Cooran village, Pomona village, Cooroy etc. Yeah. So they are matters that we will be looking at the next round of amendment so the third round of amendment to this planning scheme would include those heritage and character considerations. Kim Rawlings 01:08:47.262
So still to come, Councillor Finzel? Thank you. So that will go out as an all process to community engagement. Yes, engagement. Rowena 01:08:58.182
Yeah. Absolutely. Yeah. Thank you for the clarification. That's all. Amelia Lorentson 01:09:05.182
Mayor Wilkie? Frank Wilkie 01:09:06.019
Would you like to move? I'm happy to move the recommendation, Madam Chair. Amelia Lorentson 01:09:10.059
Can I have a seconder please? Thank you, Councillor Stockwell. And Mayor Wilkie, would you like to speak to the report? Frank Wilkie 01:09:16.539
You Madam Chair. As it's already been said, this has been a long time coming. The community are waiting and industry awaiting the changes contained in this. For me personally, perhaps the most significant change is the provision that allows tiny homes, relocatable homes, on community facilities land which will allow tiny homes to provide temporary or crisis accommodation on church land. There is a great need for that. Also the. Around short-term accommodation in response to the short-term accommodation monitoring report. This will make new applications, new developments in medium density, high density, rural res and rural and business centres for permanent residents only. Further limiting the loss of dwellings to short-term accommodation. There are also other provisions for the innovation centre and residential zones out of Noosa Civic which will allow greater economic development and residential dwellings in that area as well. The Noosa District Sports Complex and their members are looking forward to the provision which will now allow allied health services to set up out there and support their members. I think they're the main ones but they just illustrate how significant a package of amendments these are and there are, as always with the introduction of new amendments, provisions for property owners to make application under superseded planning schemes to protect their use rights on their land under the superseded planning scheme. So I just want Councillor to commend the staff and the community for their patience and hard work in getting this package of amendments to where they are. They were delayed at state levels for reasons beyond the control of planning staff and Councillors. So councillors, so there have been times some time in coming and there is opportunity through a fast tracked what we understand has now been described as a fast tracked planning amendment process under the new state government. Future amendments come before the Council to make further refinements to the Noosa Plan 2020. Amelia Lorentson 01:11:54.435
I'd like to move this report to general due to the significant significance of the matter. Already been moved in seconds. It's already been moved and seconded. It'll be a process. You can pull it out on the first time. No worries. Wilkie, can I ask you a Mayor Wilkie referenced the fast-tracked planning. Can I ask a question? Can you speak to that? And I'm just thinking the State government. I'm trying to think of the legislation. They're discussing. Where they're discussing fast-tracking planning amendments. Kim Rawlings 01:12:32.260
Yeah, sure. So the State have already announced the process for fast-track. So it's more than discussing. They've actually put it in place. Provided that information to the Councillors yesterday. It's called a tailored amendment process under section 18 of the act and it's it still steps through the same steps in the process essentially but it does provide much tighter time frames and it does allow potentially depending on the scope of the amendment. Some of those steps to happen in parallel which would mean you know the process would be shorter so yet they're particularly keen to do those processes when they were when it relates to housing yeah and enabling housing outcomes so yeah, it would be interesting to test that process and I'm not aware yet of any how that process has been activated by any of our local government counterparts. So it'll be interesting to see be how that process goes but yeah it is in place. Amelia Lorentson 01:13:43.800
So that's the right plan for Queensland's future and their target is delivering 1 million homes over 20 years. Wow so probably the only concern I have is in terms of public consultation and state interest review how flexible this plan is going to talking to us and consulting our community about what's right for us Kim Rawlings 01:14:09.465
Yeah so the process allows for early engagement with the State which we do as a matter of course out of interest we engage with the State for 18 months on these amendments before we actually formally submitted them so in theory that should have streamlined the process this streamline this process does encourage recovery. Early engagement with the State and if we do that then potentially they would do state interest review and community engagement happening at the same time now that sounds great in theory because there's an efficiency but we know we have first-hand experience that at every step in the State process we get changes from the State required for us to do so you know I'm a little concerned about the risks of that we go out to our community with a package of amendments go to the State at the same time with a package of amendments assuming we've got them on board beforehand and that happens in parallel well if what if the State changes it do we then have to go back out to our community not efficient so we do need to test these processes I think on small I amendments, more confined amendments more contained amendments around one particular issue it probably would be effective we tend to have a package of amendments you know like rowena's just mentioned we've got the heritage and character amendments ready to go on the next round we tend to have a more complex set of amendments and particularly because it's been more than three years you know we've got a list of things we already need to amend so yeah it's we would probably just need to step into the process and test it- Okay. Frank Wilkie 01:15:53.676
A technical question Madam Chair, if you wanted to go to general if we approve this here we can be pulled out at the general? Amelia Lorentson 01:15:59.775
Absolutely, no it's not going to general. Ordinary, so the discussion is for Ordinary Meeting. Ordinary Meeting? Yes. Okay any further questions? I'll talk to it. Brian Stockwell 01:16:12.430
The key thing here is this plan is a real testament to the tenacity of our staff in negotiating up to three years ago with a suite of initiatives to improve housing and affordability and housing choice. We were two years in advance of the State in providing incentives for developers to produce a component of every development in our major centre zones to be affordable managed by a housing cooperative. It took quite a long time to get them to agree to advertise because they were worried that ours convict ease. Would conflict with theirs. So it these. So, it is find a great to have them finally on board, it is one of the frustrations of being in local government that we are an entity subordinate to the State and that hopefully new processes will facilitate it because some of these initiatives are very important for people trying to get a roof over their head or people who work in an organisation that have funds to spend to put roofs over people's heads that can be afforded. Some of them are about winding back the excesses that affected our community as much or more than any other community in Noosa in terms of the initial foray of the online booking systems into our suburbs. Now we do know over the course of 2020 that we're probably somewhere near up to 20% lower than what was thought to be in the case back in 2018, 2019. But this suite of amendments is probably the most significant wind back of that use right in Queensland. Because now what we say if you're in a residential zone or a rural zone you can still use your online booking provided what was initially developed for that is providing it's an ancillary use to someone living there it's going back to the old Airbnb, not creating a market whereby a house is more valued to be bought by an investor to rent out online, where most of the money goes out of the shop. New provisions in relation to STA, I believe, probably are the most significant and probably the most controlled environment for online booking in residential suburbs and rural areas in the State. Is that a is major investment advancement. What we will see is, as was said before, it won't be overnight, but what we'll see is a gradual reduction of those numbers and a return of neighbourhoods. We'll see it, might be a decade hence where there'll be meaningful change, but we're already seeing that those uses are abandoned and once they're abandoned their existing new rights disappear. So there's a range of good news. The flexibility in our community facilities zone, which will provide a lot more opportunity for housing, is another significant step forward. I'd like to thank the staff. We sometimes, you know, people come to town and start talking about the planning and the population cap and how we've avoided it. We've still got a strategic planner who was around. 1997 strategic plan. She was only 15 at the time. But those principles and you know we've got one of the most stable strategic planning squads in our and we just continue to push forward on making those changes needed to try and keep Noosa the sustainable place to live and to visit. So well done. Amelia Lorentson 01:20:09.056
Councillor Wegener. Tom Wegener 01:20:11.060
I'll speak to it. Seems to me that what we're doing with the planning scheme amendments is trying to level the playing field. And sometimes we think, oh, if we don't do anything, you know, the playing field will stay level. But it doesn't. We have airbnbs, we have pressures from the State, we have all sorts of things that warp that playing field. The business environment and workings is not fair. And so we, as a Council, what we want to do is iron out and bring back a level playing field for it to make a better society. And that is a hard job. And the planning scheme amendments that have been going through have been, are difficult, and we've watched you for years now struggle through the piece by these little jigs and jerks that iron out, that can smooth out all sorts of things. And it's our job as Councillors to continue to level the playing field. That's our number one job, is to make sure that things run smoothly and there's fairness. And equity amongst our community. And I'd just like to congratulate the staff for this effort. It's been whopping. I think it's really for us to not pass this would be a true failing of what it is to be a Councillor. Because we have been on this journey. I regret that we didn't this through last term because we have two new Councillors that I don't think that it's possible for them to understand the gravity of what we went through the first term with all the you know that the huge the two inch thick files that we would get with going through all the little highlights of the little micro changes that are there and they're all very very important. So I'm this and I think that we are we've succeeded in doing our job because of yourselves and the Councillors involved in those early manifestations, arguments, pushing to and fro, creating these planning team amendments and making a our planning scheme team even better, because it's really really important. That is our Roadmap. And I used to bring the planning scheme in here but I can't anymore because it hurts my back. It's too big. But that's how big the darn thing is. It's incredible and that's what we depend on to make Noosa this paradise that it is. So thank you very much and I look forward to this being passed. Amelia Lorentson 01:22:32.281
I'll speak to this and probably my position hasn't changed from the last time this came to Council. I really wish I could pull one little section out and approve the whole package and we can't it's all nothing and that makes me really quite sad because I really commend and congratulate and I know how much work and how committed to Noosa all of you are my decision is I still can't go past and I wrote this quote down when I'm out in community speaking to people ability to build a home or develop a lot is an expectation of land ownership and any restriction on that right should be communicated directly and transparently and I write that down because it sums up exactly what I feel and Council have done nothing wrong they have done the they've communicated to the property owners with the zoning changes the gap which is that you know communicating to those with provision changes that I keep going there they're is still affected by the planning change. And I understand as Mayor Wilkie and Richard explained really clearly existing use rights can still be retained under a superseded planning scheme change my issue with that is I keep that's great if you've got a spare 60 grand or a spare 100,000 to go to a planner or designer to submit the drawings but what happens to those residents who don't their kids future impacted by this house is what people own their number one asset so in front of us what was resolved was that dwelling houses under you can't build a dwelling house under 500 metres and you can't build dual occupancy under a thousand square metres that uncomfortable sits uncomfortably with me knowing you know how many people signed a petition to try to change that so again my position hasn't changed from last time it's that one issue um I need to represent those voices and on that basis I'm to be supporting the amendment only on that basis but please know that I know how committed you are to Noosa and I'm actually really excited at seeing whether we can achieve the outcomes which is more housing supply more diversity and good outcomes for our economy and for our community I'm not Kim Rawlings 01:25:37.465
I know this isn't is not correct but I just need to pick up that you mentioned that you can't build houses under 500 square metres. Amelia Lorentson 01:25:47.454
Oh excuse me it's over excuse me not under over I did say that thank you for the correction in case anyone no please over 500 square Kim Rawlings 01:25:56.863
Metres and then dual occupancy is over 600. Amelia Lorentson 01:25:58.586
Dual occupancy. You. Thank you. I got my l's and my greater than's mixed up. Thank you. I'll put that to a vote. No further discussion. Oh, close. Thank you. Frank Wilkie 01:26:11.396
Yeah, look, I also want to make clear that you can build a dwelling house under 500 square metres and you can build a duplex on lots under 600 square metres. Excuse me. It's important that we have the correct information out there, but I understand this is going to be re-prosecuted again at the Ordinary Meeting, so I'll leave it at that. Amelia Lorentson 01:26:33.256
Fantastic. Thank you. All those in favour? And against? Thank you. And that brings us. Thank you. That brings us to item 8, reports for noting. There are none. Thank you very much. Item 9, thank you. Item 9, confidential sessions. There are none. So I now declare the meeting closed at exactly 11 o'clock and I thank the Councillors, CEO and all the staff for their hard work. Thank you very much. Related Noosa Council Meetings
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