Planning & Environment Committee Agenda

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).