Planning & Environment Committee Agenda, 11 November 2025
Date: Tuesday, 11 November 2025 at 9:30AM
Location: Noosa Shire Council Chambers , 9 Pelican Street , Tewantin , QLD 4565 , Australia
Organiser: Noosa Shire Council
Duration: 00:46:25
Synopsis: Hotel change: playground, outcome noise, curfew removed, gaming cap deleted, Appeals: defend Arakoon coastal risk under SPP, Confidential legal advice, Mediation first, Seaview referred.
Meeting Attendees
Committee Members
Amelia Lorentson Brian Stockwell Tom Wegener Frank Wilkie
Non-Committee Members
Executive Officers
Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray
AI-Generated Meeting Insight
Key Decisions & Discussions Amelia Lorentson: Referred Item 7.1 (minor change to hotel approval at 118 Poinciana Ave/26 Diyan St, Tewantin) to the General Committee due to significance, foreshadowing amendments to conditions (Item 7.1; 01:44, 08:55). Patrick (Manager Development Assessment): Advised the “minor change” includes a 78 m² outdoor playground in the northern beer garden, revised noise/operational parameters removing the 7pm amplified music cessation, and deletion of gaming machine limits; retention of end‑of‑trip facilities condition is recommended (02:44–08:04). Patrick: Confirmed external acoustic peer review found “imperceptible” change; modelling assumed 30 children (15 ground/15 on equipment), 400 patrons in northern beer garden, 40 in southern, and two speakers oriented south, with conditions to set absolute noise limits rather than “amplified vs acoustic” distinctions (02:44–07:40). Brian Stockwell: Queried mechanism to reflect Council’s policy position on gaming machines given planning cannot cap numbers; staff will add a non‑enforceable advisory note to the decision notice (08:18–09:47). Tom Wegener: Framed playground noise as a “sound of life,” supporting community character considerations alongside acoustic compliance (10:12–10:58). Council: Closed the meeting to the public to discuss legal advice on four court matters under Local Government Regulation 2012 s 254J(3)(e), then reopened and resolved positions (closure/reopen per minutes). Council: Resolved to defend Planning & Environment Court appeals for 6 Arakoon Cres (Appeal 2698/2025), 4 Arakoon Cres (Appeal 2697/2025), and 3 Allambi Rise (Appeal 2420/2025) (Items 7.2, 7.3, 9.1). Council: Referred 58 Seaview Tce, Sunshine Beach (Appeal D92/2025) to the General Committee for further consideration (Item 7.4). Patrick: Explained 6/4 Arakoon applications engage coastal process risks under the Coastal Amenity and Coastal Protection overlay; refusal grounds included unresolved coastal engineering issues and concerns with building scale/bulk (12:12–14:04). Amelia Lorentson: Sought clarity on Ministerial directions linked to Noosa Plan 2020 hazard provisions; staff confirmed assessment must apply State Planning Policy outcomes where local provisions were not incorporated (14:04–15:28). Patrick: Confirmed mediation will be the first step in the appeals (15:28–15:44). Council: Noted September 2025 delegated decisions: 23 approvals, 1 refusal; drop attributed to fewer exemption certificates with the new scheme (Item 8.1; 43:00–43:48). Contentious / Transparency Matters Meeting Closure: Use of s 254J(3)(e) to exclude the public for legal advice on four separate planning appeals was procedurally consolidated, then promptly reported back in open session with clear resolutions (minutes; 16:36–18:03). Gaming Machines: Deletion of the cap condition was justified as outside planning jurisdiction, with an advisory note proposed to transparently state Council’s policy stance without creating an unlawful or unreasonable condition (08:18–09:47). Noise Controls: Shift from activity-type limits (amplified vs acoustic) to outcome-based decibel limits increases clarity and enforceability but may prompt community concern about evening amenity given removal of 7pm cessation (02:44–07:40). Hotel Playground: Acceptance of playground noise via child‑care acoustic benchmarks may be debated by nearby residents who perceive cumulative patron/play noise differently than modelling assumptions (02:44–07:40). Appeal Linkages: Staff noted linkages between Arakoon matters, underscoring consistent handling of coastal risk and bulk/scale grounds across multiple, proximate high‑amenity sites (12:12–14:04). Legal / Risk Minor Change Test: Staff explicitly applied the Planning Act “substantially different development” test, deferring acceptance until external acoustic review supported “imperceptible” change, reducing vulnerability to jurisdictional challenge (02:44–08:04). Noise Conditions: Transition to absolute noise limits aligns with enforceability principles; ensures relevance/necessity under conditioning tests and avoids activity‑type vagueness that can fail in court. Gaming Conditions: Removal of gaming machine cap mitigates risk of conditions being set aside as ultra vires, given regulation occurs under separate legislation; an advisory note avoids enforceability pitfalls while recording Council’s policy view (08:18–09:47). Sunshine Beach Appeals: Defending refusals grounded in unresolved coastal hazard engineering and bulk/scale is consistent with State Planning Policy risk‑avoidance outcomes and the Noosa Plan’s coastal overlays, with scope to amend grounds from SDAP to SPP in the court process (14:37–15:28). Confidentiality: Closure under Local Government Regulation 2012 s 254J(3)(e) to protect privileged legal advice appears properly invoked and narrowly framed to appeal matters listed (minutes). Mediation: Agreed mediation pathway reduces litigation risk/costs and preserves capacity to refine conditions or accept design amendments consistent with scheme/overlay outcomes (15:28–15:44). Sunshine Beach Council: Will defend refusals at 6 and 4 Arakoon Cres citing unresolved coastal process impacts and concerns about building scale/bulk in a high‑risk, high‑amenity coastal setting (Items 7.2, 7.3; 12:12–14:04). Staff: Clarified, due to Noosa Plan 2020 hazard gaps, State Planning Policy outcomes govern assessment of erosion‑prone/coastal risk for these sites; grounds can be aligned accordingly during litigation (14:37–15:28). Council: Referred 58 Seaview Tce appeal to General Committee for further consideration, indicating potential complexity or need for broader policy alignment before settling a litigation posture (Item 7.4). New Hotel / Noise & Operations (Tewantin) Patrick: Proposed acceptance of a 78 m² playground and revised noise regime, relying on peer‑reviewed modelling and outcome‑based dB limits in lieu of a blanket 7pm amplified music curfew (02:44–07:40). Council: Will retain end‑of‑trip facilities condition as consistent with multi‑modal transport policies in the planning scheme; deletion was not supported (02:44–08:04). Brian Stockwell: Sought to maintain Council’s anti‑harm stance on gaming by advisory note, acknowledging planning cannot regulate machine numbers; staff agreed to include (08:18–09:47). Tom Wegener: Emphasised qualitative community value of “sounds of life” from children, suggesting policy balance between amenity protection and vibrant public spaces (10:12–10:58). Short Stay Letting / Secondary Tourism Uses Patrick: Reported two short‑term accommodation cabins approved at 6375 Mountain Road with the existing dwelling retained, outside biodiversity buffers and assessed under the superseded scheme (44:07–44:26). Amelia Lorentson: Noted data capture will feed into a housing report on affordable/secondary dwellings, expected to Council around February–March (44:26–45:16). Planning Scheme / State Alignment Patrick: Confirmed Noosa Plan 2020’s omission of natural hazard erosion provisions requires defaulting to State Planning Policy for coastal risk outcomes; refusal grounds can be amended from SDAP references to SPP in court (14:37–15:28). Council: Delegated approvals declined from prior months due to fewer exemption certificates with the new scheme, indicating transitional effects in assessment pathways (43:00–43:48).
Official Meeting Minutes
MINUTES Planning & Environment Committee Meeting Tuesday, 11 November 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 11 NOVEMBER 2025 1 DECLARATION OF OPENING The meeting was declared open at 9.30 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 EXECUTIVE Chief Executive Officer Larry Sengstock Director Development & Regulation Richard MacGillivray APOLOGIES Nil. 4 CONFIRMATION OF MINUTES 4.1 PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES DATED 7 OCTOBER 2025 Committee Resolution Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener The Minutes of the Planning & Environment Committee Meeting held on 7 October 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 11 NOVEMBER 2025 5. PRESENTATIONS Nil. 6. DEPUTATIONS Nil. 7 REPORTS FOR CONSIDERATION OF THE COMMITTEE 7.1 MCU23/0090.02 - APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE - HOTEL (EXTENSION TO EXISTING HOTEL) AND DBW23/0073.02 BUILDING WORK (DEMOLITION) AT 118 POINCIANA AVENUE AND 26 DIYAN STREET, TEWANTIN Committee Recommendation Moved: Cr Amelia Lorentson Seconded: Cr Brian Stockwell That Planning & Environment Committee Agenda Item 7.1 be referred to the General Committee due to the significance of the issue. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None CLOSURE OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Amelia Lorentson Seconded: Cr Frank Wilkie That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in the Planning & Environment Court so that Council’s legal position is protected in relation to Item 7.2 - PLANNING & ENVIRONMENT COURT APPEAL NO. 2698 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 6 ARAKOON CRESCENT, SUNSHINE BEACH Item 7.3 - PLANNING & ENVIRONMENT COURT APPEAL NO. 2697 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 4 ARAKOON CRESCENT, SUNSHINE BEACH Item 7.4 - PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH Item 9.1 - CONFIDENTIAL - NOT FOR PUBLIC RELEASE - PLANNING & ENVIRONMENT COURT APPEAL NO. 2420 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 3 ALLAMBI RISE, NOOSA HEADS Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 NOVEMBER 2025 REOPENING OF THE MEETING TO THE PUBLIC Committee Resolution Moved: Cr Amelia Lorentson Seconded: Cr Tom Wegener That the meeting be re-opened to the public. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None 7.2 PLANNING & ENVIRONMENT COURT APPEAL NO. 2698 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 6 ARAKOON CRESCENT, SUNSHINE BEACH Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Frank Wilkie That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal 2698 of 2025 and agree to defend the appeal. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None 7.3 PLANNING & ENVIRONMENT COURT APPEAL NO. 2697 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 4 ARAKOON CRESCENT, SUNSHINE BEACH Committee Recommendation Moved: Cr Brian Stockwell Seconded: Cr Tom Wegener That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal 2697 of 2025 and agree to defend the appeal. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 NOVEMBER 2025 7.4 PLANNING & ENVIRONMENT COURT APPEAL NO. D92 OF 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 58 SEAVIEW TERRACE, SUNSHINE BEACH Committee Recommendation Moved: Cr Amelia Lorentson Seconded: Cr Frank Wilkie That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal D92 of 2025 and refer to the General Committee Meeting dated 17 November 2025 for further consideration. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None 9 CONFIDENTIAL SESSION 9.1 CONFIDENTIAL - NOT FOR PUBLIC RELEASE - PLANNING & ENVIRONMENT COURT APPEAL NO. 2420 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 3 ALLAMBI RISE, NOOSA HEADS Committee Recommendation Moved: Cr Frank Wilkie Seconded: Cr Tom Wegener That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court Appeal 2420 of 2025 and agree to defend the appeal. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie Against: None 8 REPORTS FOR NOTING BY THE COMMITTEE 8.1 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – SEPTEMBER 2025 Committee Recommendation Moved: Cr Tom Wegener Seconded: Cr Amelia Lorentson That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting on 11 November 2025 regarding applications that have been decided by delegated authority for September 2025 as provided at Attachment 1 to the Report. Carried. For: Cr Amelia Lorentson, Cr Brian Stockwell, Cr Tom Wegener, Cr Frank Wilkie PLANNING & ENVIRONMENT COMMITTEE MEETING MINUTES 11 NOVEMBER 2025 Against: None 10 MEETING CLOSURE The meeting closed at 10.17AM.
Meeting Transcript
Amelia Lorentson 01:45.422
So we'll go straight to item 7, Reports for consideration of the Committee meeting and item 7.1, application for a minor change to a development approval for Material Change of Use. Hotel and DBW 23 slash.02 building work demolition at 118 Poinciana Avenue and 26 Diyan Street, Tewantin it started before study, there has been a request to move this matter to the General Committee. I understand there will be some amendments and some discussion over the report, but before so, I will ask Patrick, welcome to the desk. Patrick, I will ask if you can just give us a review or a summary of the report and what the recommendation is supporting.
Patrick Murphy 02:44.553
So the key proposal. Proposed changes for this minor change application are the addition of a 78 square metre outdoor playground area in the northern beer garden, amendments to noise conditions and operational parameters that include the requirement for the 7pm cessation of amplified music be removed and also removal of conditions limiting the number of gaming machines and the requirement for End of Trip Facilities such as showers and lockers. It's considered that the application is a minor change this is discussed in the report when the application was first submitted there was concern that the supporting material didn't adequately demonstrate that this wouldn't be a substantially different development which is one of the tests of a minor change because the acoustic report wasn't it how detailed the impacts of the playground from an acoustic point of view and it wasn't able to be determined at that time whether there would be an increase in the known impacts noise so the application was returned there was a further report submitted by the applicant a more detailed report which was reviewed by our consultant before us accepting the application the consultants review identified that there would be an interceptable change in acoustics and accordingly the application was accepted as a minor change um. So based on our assessment and with the support of the acoustic external acoustic consultant we are seeking to support the changes to include the playground and the amendment to the operational conditions regarding noise amplified and acoustic music modelling for the playground is being based on a guideline an accepted guideline around noise from childcare centres and it attributes noise to different age groups of children the model has used the noisiest child range to apply to their modelling and they've used it for 15 children on the ground level and 15 children on the playground equipment so 30 children within that area the modelling includes 400 patrons in the beer garden area and the two live speakers at the northernmost extent of the beer garden but facing south as well as 40 patrons in the southern beer garden facing Poinciana Avenue so extensive modelling again reviewed by our consultant who's supportive that the acoustic impacts are acceptable conditions initially had requirements around amplified music ceasing at seven pm and then acoustic music um being permitted but also had decibel limits associated with amplified music across a number of conditions it's the reviewers it determined an acceptable level of noise be emitted from firstly from the speakers and secondly from any amplified sorry from you know some playing music and then also from speakers to determine an appropriate acoustic level and then condition accordingly so it's taken away that acoustic amplified music split and just created a noise level that's acceptable and that's reflected in the proposed conditions in terms of the End of Trip Facilities we're not supportive of the deletion of the condition requiring End of Trip Facilities we've got policies within our planning scheme that talk about providing facilities to enable a range of transport modes to a site so consider it important to retain that condition and then in terms of the consider it important to retain the gaming machine limits is a condition that stipulates that the gaming machine limited to 35 across an area of the 260 square metres was included square metres the 260 square metres was included because that was reflective of the amount of area that was because that was reflective of the amount of area that was currently being used for gaming machines and that was translated into the most current approval which machines and that was translated into the most current approval which maintained that 260 square metre area. Council is not the decision-maker the or for the increase in gaming machines and regulating their use. We have recommended that condition be deleted.
Amelia Lorentson 08:05.732
Thank you Patrick. There's so. I'm not sure whether I'm questions or whether we just refer this straight to the general rather than duplicating the questions. I'll ask consensus.
Frank Wilkie 08:19.049
I have a question which may give the staff member an opportunity to bring something to the general. Sure. You mentioned Council doesn't have any real authority to limit the number of gaming machines but Noosa Council has a position about gaming machines and there is another is there another method by which we could still include that statement of intent that is not challengeable in a court appeal.
Patrick Murphy 08:47.143
That's a good question. I will be providing as referenced by Amelia updated conditions and I could also but there's just some conditions that need some slight tweaking that I've identified so I'll be circulating that but I could also include a suggested advisory note. Advisory notes can be added to decision notices they are they're not enforceable but they can advise of a policy position or they can provide of a requirement to meet other legislation.
Frank Wilkie 09:21.216
So for the benefit of people listening Noosa Council or any Council cannot limit gaming machines through conditions of approval or through the planning scheme. That is correct. But we can perhaps have an advisory note that states council's position about gaming machines in relation to this particular application which is not challengeable in court. That is correct. Where as a condition may be.
Patrick Murphy 09:46.974
A condition is. Certainly something that could be appealed and noting that a condition needs to be reasonable and relevant. Thank you.
Amelia Lorentson 09:57.767
I might hold back on all my questions. I've been going to and fro with amendments on this application. We might, again, if everyone agrees to defer further discussion. Councillor?
Tom Wegener 10:09.779
Just one question to that, to the Councillor, and this is off the, not what you'd didn't know. Would you expect, but kids and noise. I always, take some, a offence little offence to kids in a playground being called noisy because it's actually it's a natural sound it's like thunder being noisy it's like cockatoos being noisy there are things that make noise but I hate to consider them as sort of an industrial sort of noise that is aggregate an aggravation to people it might be problematic to some people but it's I don't know if it's actually noise to me it's just about just something that I think of when I think of kids playing in a playground it sounds but you don't want to call it noisy you just want to call it the natural you hope your keep you allowed. Kids are laughing and screaming in place a playground.
Frank Wilkie 10:55.688
It's the sounds of the next generation yeah sounds of life that's right.
Amelia Lorentson 10:59.313
I say that when we move into a new area that they're going to love feeling life with my children so I agree with your comments Councillor Wegener. Yeah. Okay, again, we want-- might just defer full conversation and questions to avoid duplication for the General Committee so I'd like to move that this agenda item 7-1 be referred to the General Committee Meeting due to the significance of the issue. Can I have a seconder? Thank you. No further discussion? And all in favour? Thank you. So next we're going to move. You. Patrick. So next we'll move to item 7.2, which is the Planning & Environment Court appeal number 2698 of 2020.2025, application for a Material Change of Use for a dwelling house at 6 Arakoon Crescent, Sunshine Beach. And again, we welcome Patrick and Richard. I'll hand it over to you just to give us a summary of the report. Thank you.
Patrick Murphy 12:12.488
We've got a number of items to talk about today in relation to appeals. There's an element of, there's some that are linked to some degree. This property at 6 Arakoon is part of a property that has two lots. 6 Arakoon has a swimming pool on 4 Arakoon has a dwelling. Has a dwelling and we'll talk about that one shortly. There's an application over both lots for a new dwelling. As part of the process we need to consider the impact of coastal processes. It's an area that's identified as being in an erosion prone area. Subject to the coastal amenity and coastal projections in amenity overlay and through our assessment of the application this element wasn't completed. It wasn't due to the officers not doing that. The applicants were essentially for the assessment of the application to be put on hold was another application with similar issues was being assessed it wasn't keen for the applicant to be reviewed by our external consultant that looked at the geotechnical reports and accordingly the issues around the impact of development or how the development could be constructed in light of processes wasn't finalised. The applicant thought that a decision had been made on the application. Was refused. There are also some issues in terms of the scale and the bulk of the building which officers had issue with. They form part of the grounds of refusal. So an appeal has been lodged and it's reasonable for Council to defend this appeal.
Amelia Lorentson 14:11.441
I'm wondering whether I should go into a confidential session to ask just a few further questions, Patrick. Before hand, I just want to raise, can you just explain what was required by the minister under the ministerial conditions issued 2020 in terms of assistance? Of assessment and does that for that have any implications to the current application?
Patrick Murphy 14:37.636
What I think you're referring to is at the time the Noosa Plan 2020 came into effect that was determined that the natural hazards risk and resilience for erosion prone areas hadn't been incorporated into the planning scheme that's correct that has that means that we default to the State planning policies as part of our assessment you will see in this that the grounds of refusal do refer to SDAP provisions we shouldn't have gone to the SDAP provisions but notwithstanding the State planning policy requires similar outcomes or the same outcomes so our grounds are of refusal can be modified through the court process to incorporate the State planning policy provisions.
Amelia Lorentson 15:28.516
So in terms of next steps is there a mediation process involved as part of the first stages of the appeal?
Patrick Murphy 15:37.924
Yes there is a mediation that's proposed this one?
Amelia Lorentson 15:45.150
I will ask if we can move into confidential session. Can I please, I'm happy to move, I can I have a seconder please? Yep, sure. That the meeting be closed to 254. The public pursuant to section 2543 of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in the Planning & Environment Court so that council's legal position is protected in relation 7.2 Planning & Environment Court appeal number 2698 of 2025 application for a Material Change of Use for a dwelling house 6 Arakoon Crescent Sunshine Beach happy to move seconder Councillor Frank Wilkie leave seconder Mayor Wilkie, in favour? I just have a question.
Cathy 16:35.832
Oh sure. Are we only needing to discuss this item if there are two similar items that follow and if the attendees ask questions should they be included in the motion?
Amelia Lorentson 16:47.822
We can add those in if you want to move that for the other two items. I will just have to take a second. Have a separate motion? We can make it into one motion for all three if you if you'd like. It'll just take us a few minutes to get it but we can do it after if you want to move for the three items. That would be great. If you're generally happy to say for the three items. And if you can work on the wording that would be excellent. Thank you Cathy. Are you happy with that? Everyone happy with you. Thanks. Actually there's a confidential item at the end of that so you want to do it for all four? And then we that would be great all right thank you very much I'm sorry, I'm going to ask those in the public gallery, we're just going to close the session just probably for five minutes while we discuss the item. We're going to discuss four items. It may take a little bit longer than five minutes. And we're not allowed to lose that? I'm in confidential. No, not nfidential. Thank you, Sir.
Frank Wilkie 18:01.805
Am I here for the confidential?
Amelia Lorentson 18:04.194
No, no, no. So we're back to history.
Unidentified Speaker 37:22.940
So, the secrets are over.
Amelia Lorentson 37:26.701
No, I do them separately. And they just stick with the words. That's what it is. It's on the screen. I'll display screens, I'll display come on. I'm sorry so we've got in front of us item seven point two. Can I have a that Council note the report by the Manager Development Assessment. To the planning data. And environment committee dated 11 November 2025 regarding Planning & Environment Court appeal 2698 of 2025 and agreed to defend appeal. Can I have a mover and a seconder? Thank you. And seconder? Thank you Mayor Wilkie. All in favour? No discussion? Thanks. Next sorry, one moment. Thank you. Next we have item 7.2 or 3? 7.3.7.3. Council note the report by the Manager Development Assessment the planning environment. Of the Planning & Environment Committee dated 11 November 2025 regarding planning and environment court appeal 2697 of 2025 and agreed to defend the appeal. I move A mover? I'll thank you. Councillor Stockwell? Councillor Wegener? Second? No discussion. All in favour? And I'm happy to move thank and I'm happy to move item 7.4 that Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 November 2025 regarding Planning & Environment Court appeal D92 of 2025 and referred to the General Committee Meeting dated 17 November for further consideration. Can I have a seconder please? Thank you Mayor Wilkie. No discussion. All in favour? Thank you. Just a correction that was discussed discussion rather than consideration. We only have three things we can refer for. There's three items. Signatures of issue for further consideration or for a further report. We only have three items we can refer for.
Frank Wilkie 41:28.949
Chair are you happy to change the wording? Further consideration?
Amelia Lorentson 41:32.370
Further consideration. As it aligns with Standing Orders. So happy to just keep the wording. Anyone online it's just for further consideration. Thank you. So that brings us to item 9.1. Through as well oh excuse me and item 9.1 because they're all in combination. I don't mind item 9.1 that Council note the report by the Manager Development Assessment of a Planning & Environment Committee meeting dated 11 November 2025 regarding Planning & Environment Court appeal 24/20/2025 and agreed to defend the appeal. Can I have a mover and a seconder. Mayor Wilkie move her in but you will be seconded. Councillor Wegener. No discussion. All in favour? Thank you. So that leaves us with reports to be made by the committee. 8.1, planning applications decided by delegated authority. And again, Patrick, over to you if you could give us an overview of what applications have been decided and those refused by to eat nicer feasts on their day at the garden.
Patrick Murphy 43:00.354
Thank you. The report before you details those decisions under delegated authority for the month of September 2025. A bit of a quieter month. Disgusting would be required, but it's got some good reason. Were quite high. It's dropped back to 23 approvals and one refusal. In part that would be because our exemption certificate numbers have dropped off significantly with the new scheme coming in and with certain provisions there might be a requirement for a number of exemptions extensions that you get to issued going forward and the operational works is a little bit quieter. I think I spoke to them in the previous month and they've really lifted their numbers so just a bit of a quieter month there but the team is still certainly busy.
Amelia Lorentson 43:49.358
Questions are in the table.
Tom Wegener 43:52.366
The very first one, 637 Black Mountain Road, there's two short-term accommodation cabins approved. For the third of cabins on the property where there's a person living there.
Patrick Murphy 44:08.665
Yeah, so this was assessed under the superseded scheme, but notwithstanding, there is an existing dwelling on the site that's been retained, and these were two fairly small. Cabins located on the site, out of biodiversity here in my parent buffer areas, so suitably located. Thank you so much. Fantastic.
Amelia Lorentson 44:30.936
And just a question in terms of our housing report, which is going to collect. This information in terms of how many affordable houses and secondary dwellings, and maybe a snapshot of STA approvals that is coming to Council. Patrick, I'll throw it to you. Richard, when can we expect that report to come to Council?
Richard MacGillivray 44:54.632
Yeah, thanks, Amelia. So that report, I understand, is intended to come to Council around February of next year, so that will be presented by our strategy branch. So, yeah, that's the intended date to have that report to Council and sort of get information around how it works.
Amelia Lorentson 45:16.733
Yes, there should be. Fantastic. Further questions here? Any Patrick, just the one on the refusal for Duke Street?
Patrick Murphy 45:24.496
That's right, that was a GFA. A significant overscale of GFA. Notwithstanding, they have appealed that one too, so I'll need to bring a future report about that appeal.
Amelia Lorentson 45:40.313
Okay, thank you. Thanks. Any further questions around the table or online? I'll time to actually leave the report in front of us. I was just thinking you had a mover, so I'm happy to second that. If there's no further discussion, all in favour? Fantastic. And I think that's the close of today's meeting. So I'll watch you clear of the meeting. Closed at 10:16, I think. The Mayor and Councillors and those online and staff, of course, and those in the gallery, I hope we all have a beautiful day and we have plenty of time
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