General Committee Meeting - 12 December 2016
This meeting predates council's current meetings system, which begins in April 2023, so there is no agenda here with each item cued to the video. What follows is what the record holds: council's papers, and the decisions its minutes record.
Papers
Council keeps papers from before April 2023 on a separate archive page for each year, listed by meeting date. The files stay on council's site — why.
- Agenda: council's 2016 archive, under 12 December
- Minutes: council's 2016 archive, under 12 December
Decisions
Every decision the minutes record, in the order minuted. Where a division was called the names are on the contested votes register; otherwise the minutes say only whether it carried.
- OPW16/0016 - Application for Development Permit for Operational Works - Prescribed Tidal Works (Deck) at 2 Parkyn Court, Tewantin
-
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/00… motion Development Superseded
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court, Tewantin and refuse the application for the following reasons: 1. The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Watercourses Works Code, 2. The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal Protection and Management Regulation 2003 and does not comply with Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003, 3. The proposed development will create the potential to intensify the commercial uses by increasing the available deck areas within the marina, 4. The proposed deck adds a substantial area and additional built form on the Noosa River, is likely to increase traffic volumes on adjoining lands and there are insufficient parking facilities available in the area. Amendment No. 1
Moved by Frank Pardon, seconded by Jess Glasgow.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
-
The motion be amended by including at the end of item 1 the words “and the development reduces public access to the foreshore area and the natural values of the… amendment Development Lost
The motion be amended by including at the end of item 1 the words “and the development reduces public access to the foreshore area and the natural values of the Noosa River” and adding a new item 5 to read: “5. The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Tewantin and Doonan Locality Code and has the potential to: adversely affect the amenity enjoyed by users of other premises including acoustic and visual qualities; reduce the area of open space conducive to community interaction and wellbeing; and establish a built form that impacts on natural landforms and reduce the natural character and visual amenity of the Noosa River system.”
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Lost. The minutes do not name who voted which way, which they only had to when a division was called.
-
The motion be amended by including at the end of item 1 the words “and Tewantin and Doonan Locality Code”. amendment Development Carried
The motion be amended by including at the end of item 1 the words “and Tewantin and Doonan Locality Code”.
Moved by Tony Wellington, seconded by Joe Jurisevic.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
-
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/00… committee recommendation Development Carried
That Council note the report by the Coordinator Engineering to the Planning & Environment Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court, Tewantin and refuse the application for the following reasons: 1. The proposed deck does not comply with Overall Outcome and Specific Outcomes of the Noosa Plan’s Watercourses Works Code and Tewantin and Doonan Locality Code, 2. The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal Protection and Management Regulation 2003 and does not comply with Specific Outcomes of the IDAS Code of the Coastal Protection and Regulation 2003, 3. The proposed development will create the potential to intensify the commercial uses by increasing the available deck areas within the marina, 4. The proposed deck adds a substantial area and additional built form on the Noosa River, is likely to increase traffic volumes on adjoining lands and there are insufficient parking facilities available in the area.
Moved by Frank Pardon, seconded by Jess Glasgow.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- MCU16/0066 & OPW16/0133 - Further Report - Application for Service Station, Convenience Shop & Food Outlet & Signage at 6 Taylor Court, Cooroy
-
That Council note the reports by the Development Planner to the Planning & Environment Committee meeting dated 6 December 2016 and the General Committee meeting… committee recommendation Development Report-backs Carried
That Council note the reports by the Development Planner to the Planning & Environment Committee meeting dated 6 December 2016 and the General Committee meeting dated 12 December 2016 and refuse Application No. MCU16/0066 & OPW16/0133 for a Development Permit for Material Change of Use of Premises - Retail Business Type 2 Shop & Type 5 Vehicle Uses, Entertainment & Dining Business Type 1 - Food & Beverages and Operational Works for Signage, situated at 6 Taylor Court, Cooroy for the following reasons: 1. The development raises conflicts with The Noosa Plan and its current and future land use intent for the subject site and water supply catchment area. 2. The proposal is not conveniently located or readily accessible for the local community and will not provide a significant benefit to that community. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 3. The development will adversely impact on the local villages and towns by reducing patronage to these centres and therefore will not improve community wellbeing. 4. The proposal is contrary to the SEQ Regional Plan’s Regional Policy 11.5.1 to identify and protect existing and potential drinking water catchments from inappropriate land use as the development would pose an unacceptable risk to water quality. 5. The proposal is contrary to the Environmental Protection (Water) Policy for Mary River Environmental Values and Water Quality Objectives as the proposed surface water quality exceeds these objectives in relation to Total Nitrogen and Total Phosphorous and the applicant has not addressed the impact the in-ground storage of fuel will have on ground water. 6. The proposal fails to meet the Plan of Development for the site, including the provision of a 10 metre landscape buffer to visually screen the development from the Bruce Highway. 7. The proposed illumination of the advertising devices is contrary to the Advertising Devices Code and the intent of the Plan of Development for the site.
Moved by Tony Wellington, seconded by Frank Pardon.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- MCU16/0090 - Development Application for Material Change of Use for Wellbeing Type 2 - Social (Sunshine Butterflies) at 468 Mckinnon Drive, Cooroibah
-
That Council note the report by the Development Planner to the General Committee Meeting dated 12 December 2016 regarding Application No. MCU16/0090 for a Devel… committee recommendation Development Carried
That Council note the report by the Development Planner to the General Committee Meeting dated 12 December 2016 regarding Application No. MCU16/0090 for a Development Permit for Material Change of Use of Premises - Wellbeing Type 2 - Social (respite centre) situated at 468 McKinnon Drive, Cooroibah and: A. Approve the application in accordance with the following conditions: PLANNING Approved Plans 1. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date L002 A Landscape Concept Plan, prepared by Sunshine 20.9.2015 Gardens Nature and Extent of Approved Use 2. The approved use is Wellbeing Type 2 – Social being for a respite centre for people living with disabilities and their families and associated ancillary office and agricultural uses. The approval does not include a cafe. 3. The maximum number of special events per year is six (6). RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 Landscaping 4. Existing trees on the site and within road reserves must be retained, except where required to be removed to accommodate the approved use. 5. All native trees must be retained within the Biodiversity Overlay. The area must be rehabilitated with koala food trees such as Eucalyptus robusta, Eucalyptus tereticornis and Eucalyptus grandis. 6. Screening vegetation must be planted along all boundaries in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines and the approved Landscape Concept Plan. The planted vegetation must consist of native and endemic species. 7. A minimum of 3m of screening vegetation must be provided between the boundary and any car parking. Built Form and Setbacks 8. The maximum height of the development must not exceed 9 metres at the pitch of the roof above the finished ground level and the natural ground level and must not exceed be 2 storeys. 9. All buildings and structures must be setback a minimum of 6 metres from all boundaries. Performance Bond 10. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Street Identification 11. The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the developments name. ENGINEERING Site Access and Driveways 12. Sealed access driveways must be provided from McKinnon Drive to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with the Department of Infrastructure, Local Government and Planning response reference number SDA-0816-032888 dated 7 November 2016 and generally in accordance with Council’s standard drawing RS-056. 13. Approval from the Department of Transport and Main Roads for the final design of the site access and driveway works must be submitted in writing to Council prior to the issue of any Development Permit for Operational Works. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 Car Parking 14. A minimum of 21 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. service vehicle parking, manoeuvring and standing spaces b. dimensions, crossfalls and gradients in accordance with Australian Standards AS/NZS2890.1:2004, AS/NZS2890.6:2009 and AS2890.2:2002. 15. The carparking area must be constructed with either a sealed surface or other bound material that is suitable for the intended use. Certification of the proposed surfacing from an RPEQ must be submitted as part of the operational works application. 16. All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times. 17. Directional signage must be provided to direct visitors and guests to the car parking spaces provided on site. Traffic Management 18. A traffic management plan for both the regular operation of the development and any special events must be submitted as part of the Operational Works application. The traffic management plan must include but not be limited to: a. day to day parking of the various vehicle types b. parking for larger vehicles (buses, deliveries, waste collection etc) c. overflow parking for special events d. temporary traffic control measures on McKinnon Drive e. endorsement by the Department of Transport and Main Roads. Stormwater Drainage 19. Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. collection of runoff from the buildings and hardstand areas b. collection of runoff from the carparking areas and access aisles c. certification from an RPEQ that states the development of the site will not create a worsening for downstream properties in regard to stormwater quality or quantity. Earthworks and Retaining Walls 20. All fill and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 Damage to Services and Assets 21. Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times: a. where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or b. where otherwise, upon completion of the works associated with the development. Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval. Noise 22. Mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps etc on site should be situated within the building or suitably provided with noise reduction measures and located as to prevent a noise nuisance beyond the boundary of the site and not exceed the levels specified in Table 1. TABLE 1 NOISE LIMITS AT A SENSITIVE RECEPTOR Noise level at noise sensitive place measured as the adjusted PERIOD maximum sound pressure level (L10, adj,T) 7am – 6pm Background noise level (L90,T) plus 5 Db(A) 6pm – 10pm Background noise level plus 5 Db(A) 10pm – 7am Background noise level plus 3 Db(A) NOISE LIMITS AT A COMMERCIAL PLACE Noise level at a commercial place measured as the adjusted PERIOD maximum sound pressure level (L10, adj,T) 7am – 6pm Background noise level (L90,T) plus 10 Db(A) 6pm – 10pm Background noise level plus10 Db(A) 10pm – 7am Background noise level plus 8 Db(A) 23. When requested by Council, a Noise Impact Assessment Report (NIAR) showing monitoring and recording of noise levels must be undertaken to investigate any complaint (other than a frivolous or vexatious complaint) caused by noise emissions from operations at the premises. Such monitoring must be undertaken within a reasonable and practicable timeframe nominated by Council and be performed by a suitably qualified person in accordance with accepted guidelines and standards. The report must be submitted to Council detailing the results of such monitoring and recommendations for any measures to achieve compliance with limits outlined in Table 1 of this Decision Notice. For the purpose of measuring and certifying relevant noise conditions and reporting (e.g. mechanical plant and equipment, a/c units, motors, refrigeration equipment, compressors, pumps, rooftop plant and equipment. Etc) a suitably qualified person is either: RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 i) a Registered Professional Engineer of Queensland, or ii) an environmental consultant with a minimum of three (3) years current experience in the field of acoustics. Public Health Act 2005 – Rainwater Tanks 24. In accordance with the Public Health Act 2005, rainwater tanks must be constructed with mosquito proof screens (made from either brass, copper, aluminium or stainless steel), and constructed with a mesh size of no more than 1mm, and must be installed in a way that does not accelerate corrosion. Tanks that contain flap valves must be installed so that when closed, mosquitoes cannot pass through the valve. It is unlawful under the Public Health Act 2005 to construct, install or be in possession of a tank that does not comply with these requirements. 25. Where it is intended to use rainwater for drinking purposes, a suitable treatment system is required to be installed to disinfect or treat the water to microbiological and physical standards as described in the current Australian Drinking Water Guidelines 2011 to make it fit for drinking purposes. Refuse 26. The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. B. Find the following are sufficient grounds to justify the decision despite the conflict with
Moved by Tony Wellington, seconded by Frank Pardon.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Draft Development Assessment Rules for New Planning Act
-
That Council note the report by the Manager, Planning & Environment to the General Committee Meeting dated 12 December 2016 and request the Chief Executive Offi… committee recommendation Carried
That Council note the report by the Manager, Planning & Environment to the General Committee Meeting dated 12 December 2016 and request the Chief Executive Officer make a submission to the State government on the draft Development Assessment Rules for the Planning Act 2016 seeking that: 1. The assessment time frames of the Sustainable Planning Act 2009 be maintained. The time frames are proposed to be generally halved under the proposed Development Assessment Rules and have the potential to significantly impact on Council resources and achieving good planning outcomes for Noosa. The proposed shortened time frames will not allow time to undertake a thorough assessment of development proposals and consult appropriately with the community without additional resources to Council’s Development Assessment team. Additional resources would need to be funded by raising fees and charges for development applications, increasing costs for developers. 2. The Development Assessment Rules maintain and extend the time frame for applicants to be able to revive a development application where it lapses. This ability is not consistent with the identified intention for the development process to be ‘an applicant driven process’, and is likely to create administrative problems for councils and lead to significant confusion for the community, particularly submitters. 3. The opt-out step for information requests be deleted from the Development Assessment Rules. The ability to opt-out of an information request in the Development Assessment Rules is likely to add significant complexity to the development assessment process without adding value as an applicant currently has multiple options in regard to giving a response to a request for further information. It is critical that councils and state agencies retain the ability to raise issues and identify further information that is required in order to fully understand and assess development proposals. 4. Applicants be responsible for notifying all relevant entities of a change to the development application given the identified intention for the development process to be ‘an applicant driven process. S25.1 of the proposed Development Assessment Rules requires Councils to give a copy of a notice of change to a development application to the relevant referral agencies and advise on the effect of the change on the development process.’ 5. Applicants be required to give notice of commencement of the public notification period to assessment managers, given Council is responsible for ensuring that application material is available for the community to review and determine whether submissions are properly made S17.4 of the proposed Development Assessment Rules states that ‘the applicant may give notice to the assessment manager of the intended start date of public notification’ and does not make this step mandatory.
Moved by Tony Wellington, seconded by Jess Glasgow.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Endorsement of Biodiversity Assessment Report
-
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 12 December 2016, and: A. Endorse the Biodiversity Asse… committee recommendation Carried
That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 12 December 2016, and: A. Endorse the Biodiversity Assessment Report provided at Attachment 1 for the purpose of informing the development of an Environment Strategy and supporting Biodiversity Conservation Plan other than for the following issues:; and 1. Note that this is not the only substantial area of coastal mainland remnant vegetation between Byron Bay (300 km south in northern NSW) and Bundaberg (250 km to the north) as referred to on page 17, item 2.1, paragraph 2; and 2. Note that Noosa Council considers the koala as a threatened mammal for West Cooroy State Forest for the purposes of the table on page 128. B. Request staff to prepare a discussion paper for the purposes of community consultation for the development of an Environment Strategy and Biodiversity Conservation Plan.
Moved by Tony Wellington, seconded by Jess Glasgow.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Award of Tender 1516T043 Waste Management Contract 2017 - 2024
-
That Council note the report by the Manager Waste and Environmental Health to the General Committee Meeting dated 12 December 2016 regarding the new 7 year wast… committee recommendation Contracts Carried
That Council note the report by the Manager Waste and Environmental Health to the General Committee Meeting dated 12 December 2016 regarding the new 7 year waste management contract 2017 - 2024, and: A Award the Contract to Cleanaway Pty Ltd for performance of a Waste Management Contract 2017 – 2024 as detailed in tender documents under Separable Portions A, B, and C, for an initial period of 7 years (at an estimated contract value of $46 million) commencing on Monday 4 Friday 1 September 2017, and including the ability to award a first extension of contract for a period of two years and a further second extension of one year; B The awarding of the Contract being subject to Cleanaway Pty Ltd paying the specified Contract Performance Bonds for each Separable Portion A, B and C as detailed in the tender documents; C Accept the option provided in the tender documents for the introduction of a 3 bin waste collection service to single unit domestic dwellings in the urban areas to include a third bin for garden waste from September 2017 as detailed in the tender documents, Part E Annexure 1, Schedule 1 “10 Maps detailing the external boundaries of Township Areas” D Agree to the continued provision of an optional garden waste collection service to commercial and multi-unit domestic premises and other premises within 5 kilometres of the identified urban garden waste service area; RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 12 DECEMBER 2016 E Request that staff develop a Policy for the provision of the garden waste service and report to a future meeting of Council; F Engage King and Company to finalise the relevant contractual documents including amendments resulting from contract negotiations and agreed contract departures, for signing by the successful tenderer.
Moved by Joe Jurisevic, seconded by Brian Stockwell.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Leasing of the Demountable Building at Bicentennial Community Centre
-
That Council note the report by the Community Facilities Manager to the General Committee meeting dated 12 December 2016 and: A. Approve the leasing of the Bi… committee recommendation Carried
That Council note the report by the Community Facilities Manager to the General Committee meeting dated 12 December 2016 and: A. Approve the leasing of the Bicentennial Community Centre (BCC) demountable building to Montessori Noosa (Education for Generations Ltd) on a 5 X 5 lease, commencing January 2017; and B. Provide approval to lease the BCC annexe, also to Montessori Noosa, when the school’s enrolment levels reach sufficiently high numbers, likely within the next two to three years.
Moved by Joe Jurisevic, seconded by Jess Glasgow.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Noosa Biosphere Reserve Board Annual Report
-
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 12 December 2016 and note the annual report for the financial… committee recommendation Carried
That Council note the report by the Chief Executive Officer to the General Committee Meeting dated 12 December 2016 and note the annual report for the financial year 2015/16 to Council by the Noosa Biosphere Reserve Foundation which also incorporates their September 2016 quarterly report.
Moved by Jess Glasgow, seconded by Joe Jurisevic.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Oyster Restoration Project - Acceptance of Draft Resource Allocation Authority Conditions
-
That Council note the report by the Environment Officer to the General Committee Meeting dated 12 December 2016, and: A. Accept the Draft Resource Allocation… committee recommendation Carried
That Council note the report by the Environment Officer to the General Committee Meeting dated 12 December 2016, and: A. Accept the Draft Resource Allocation Authority conditions proposed by the Department of Agriculture Forestry and Fisheries on behalf of the project partners; B. Authorise the development application for the project to be submitted as soon as possible to facilitate deployment of the oyster reef restoration units in the March to May oyster spat recruitment season; C. Authorise the Chief Executive Officer to negotiate and enter into a formal agreement with relevant project partners, which will result in nil additional cost to Council (following payment of development application fees) associated with the project, following receipt of the development approval.
Moved by Frank Pardon, seconded by Ingrid Jackson.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
- Financial Performance Report - November 2016
-
That Council note the report by the Manager Financial Services to the General Committee Meeting dated 12 December 2016 providing the November YTD monthly financ… committee recommendation Budget & finance Carried
That Council note the report by the Manager Financial Services to the General Committee Meeting dated 12 December 2016 providing the November YTD monthly financial performance report for the 2016/17 financial year.
Moved by Joe Jurisevic, seconded by Ingrid Jackson.
Carried. The minutes do not name who voted which way, which they only had to when a division was called.
Source
- Agenda and minutes: council's 2016 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au