Noosa Council Watch

An independent, unofficial record of Noosa Shire Council — what council decided, what they closed the doors on, and why it matters. About this site

Noosa Council meetings since 2014: papers, decisions and recordings, and from April 2023 the video cued to each item.

General Committee Meeting - 17 June 2019

Monday 17 June 2019 · General Committee Meeting · 10 decisions minuted

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, the recording, 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.

Recording

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.

  1. MCU18/0158 - Development Application for a Material Change of Use for Retail Business Type 2 – Shop and Salon and Reconfiguration of a Lot (Boundary Realignment) at 34 Elm Street, Cooroy
  2. That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 11 June 2019 regarding MCU18/0158 for a Developme… committee recommendation Development Carried

    That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 11 June 2019 regarding MCU18/0158 for a Development Permit for Material Change of Use - Retail Business - Type 2 Shop & Salon and Reconfiguring a Lot (boundary realignment), situated at 34 Elm Street, Cooroy and: A. Approve the application and grant a Preliminary Approval subject to the following conditions: 1. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered DA- 16.0518 2A – 4A prepared by Andrew McKeller Design and dated April 2019. These plans must be amended in accordance with the following conditions. 2. Amended plans must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment: 2.1 The total use area for the Retail Business - Type 2 to be reduced to 620m2 or less. 2.2 The development to be setback 4.0 metres from Diamond Lane. This setback may be reduced in part where it is demonstrated that the amendments to the northern elevation as required by condition 2.3 have been satisfied.. 2.3 The northern elevation to be provided with increased articulation and variation of materials consistent with the built form character of the Cooroy township. Character window awnings must not project into the land to be dedicated to Council. 2.4 The roof form of the building adjacent to the northern elevation to be a minimum of 12 degrees with minimum 600mm eaves. 2.5 A maximum of four car spaces and four scooter spaces within the Opal Street road reserve as shown on the plan at Schedule 3 of the Infrastructure Agreement between Noosa Shire Council and Kexron Pty Ltd. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 2.6 A minimum 2.0 metre-wide landscaping strip, within the lot, to the Diamond Lane frontage adjacent to the full length of the building and outside the area to be dedicated. This landscaping must comprise a mix of ground covers, shrubs and small trees. This landscaping strip may be reduced in part where it is demonstrated that the amendments to the northern elevation as required by condition 2.3 have been satisfied. 2.7 The provision of island landscaping within the Opal Street road reserve in the currently paved area between the scooter spaces and the car parking spaces. The landscaping is to include a small tree. 2.8 The pedestrian path to the east of the public toilets/bin room must be increased to a width of 2.0 metres with the provision of suitable separation between the path and the loading bay (i.e. bollards) 2.9 A minimum of 10% of the site (excluding the area to be dedicated) must be landscaped. Landscaping beneath car overhangs is not to be included in the calculation of the 10% landscaped area. When Conditions must be Complied With 3. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all time while the use continues. Dedication 4. Prior to the issue of any Development Permit for Operational Works or the sealing of any survey plan associated with the development approval, whichever occurs sooner, a two (2.0) metre wide strip extending across the full length of the frontage to Diamond Lane is to be dedicated to Council as ‘Road’. Performance Bond 5. Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the pre-start meeting. 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. Nature and Extent of Approved Use 6. The approved use must not operate outside the hours of: 6am to 10pm Monday to Thursday 6am to 12am Friday and Saturday 6am to 10pm Sunday or any public holiday The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. 7. The approved uses must not cause nuisance as a result of noise emission. 8. Entertainers or speakers used to amplify noise must not be located in any outdoor, verandah, patio, footpath or beer garden area of the premises. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 Building Appearance 9. Ground floor shopfront glazing along the frontages must be fully transparent to a minimum of 50% of the street frontage to allow passive surveillance and encourage social interaction, and must be provided at full height (floor to ceiling). 10. The external finishes of the building must include a mix of materials, variation in roof form and extensive eaves as shown on the Approved Plans and as required by the conditions of approval. 11. All mechanical equipment and other service infrastructure located on the site must be: located not less than 2 metres from a property boundary; and fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. Where screened by landscaping, landscaping beds must be at least 1.5 metres wide. Advertising Devices 12. A maximum of two pylon signs are permitted for the whole development, with no more than one pylon sign for any frontage. Site Access and Driveways 13. A sealed access driveway must be provided from Opal Street to all parking and manoeuvring areas of the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: driveway crossovers in accordance with Council’s standard drawing RS- 051 suitable safety measures, including warning signage, to improve driver awareness of pedestrians and enhance pedestrian safety. Warning signage must be provided near the driveways to warn motorists of pedestrian movement along the street frontages 14. All vehicles must enter and leave the site in a forward direction. Car Parking 15. The applicant will comply with the requirements of any infrastructure agreement entered into with the Council with respect to the payment of car parking contributions (and provision of onsite carparks and car parking within the road reserve) in relation to the proposed development. In the event that the above does not apply a minimum of 26 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. 16. A minimum of 23 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. Additional 4 car spaces and 4 scooter spaces must be provided and marked within the Opal Street road reserve and made available and accessible at all times while the use is open for business and for public use. The works must be undertaken in accordance with an Operational Works approval and must include in particular: pedestrian routes in accordance with the approved plans RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code 1 disabled parking space/s within the total, inside the property dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities 17. 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. 18. Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site. Service vehicles 19. A loading bay is to be provided, in the site, in accordance with the approved plans and must include in particular: a. A boom gate which limits access to delivery vehicles only (maximum size - medium rigid vehicle) b. Left turn only on to Diamond Lane from the loading bay. 20. Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday and not at all on Sundays or public holidays. The requirements of this condition must be included in the Community Management Statement for any body corporate for the subject site. External Works 21. The bus stop and associated infrastructure (e.g. bus shelter) on Elm Street shall be relocated in accordance and in consultation with the Department of Main Roads and Translink’s requirements. Any required adjustment to the pathway and kerb must be carried out at the applicant/developer expense. 22. The full frontage of the site to Elm Street must be upgraded in accordance with an Operational Works approval and must include in particular: a new 2.0m wide concrete pathway removal of any redundant property accesses and reinstatement of the kerb and verge area to match the upgraded frontage, including the provision of topsoil and turf where required upgrading the existing pram ramp Conditions 22 a and c are imposed pursuant to s128 of the Planning Act 2016 being necessary trunk infrastructure identified by Council’s LGIP to service the development. 23. Diamond Lane must be upgraded for the full length of the frontage to the subject site. The works must be undertaken in accordance with an Operational Works approval and must include in particular: Road widening, refuse truck loading zone and kerb and channel; removal of any redundant property accesses and reinstatement of the kerb and verge area to match the upgraded frontage, including the provision of topsoil and turf where required; and RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 Condition 23 is imposed pursuant to s145 of the Planning Act 2016 being non- trunk infrastructure. 24. The road verge along the frontage of the site to Opal Street must be upgraded in accordance with an Operational Works approval and must include in particular: a new 2.0m wide concrete pathway with adjusted alignment and construction methods as necessary to protect the survival of existing street trees construction of car and scooter parking in accordance with the Infrastructure Agreement Reinstatement and landscaping Condition 24 is imposed pursuant to s145 of the Planning Act 2016 being non- trunk infrastructure. Pedestrian and Bicycle Facilities 25. The pedestrian link between Diamond Lane and Opal Street must remain available to pedestrians during business hours.

    Moved by Brian Stockwell, seconded by Tony Wellington.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  3. MCU18/0015 - Development Application for Material Change of Use (2 Detached Houses and 12 Multiple Housing - Type 4 Conventional) and Reconfiguration of a Lot (1 into 4 Lots Plus Easement) at 27 Attunga Heights, Noosa Heads
  4. That Council note the report by the Contract Planner to the Planning & Environment Committee Meeting dated 11 June 2019 regarding Application No. MCU18/0015 for… committee recommendation Development Carried

    That Council note the report by the Contract Planner to the Planning & Environment Committee Meeting dated 11 June 2019 regarding Application No. MCU18/0015 for a Development Permit for Material Change of Use (2 Detached Houses and Multiple Housing – type 4 Conventional – 12 Units) and Reconfiguring a Lot (1 into 4 lots plus Access Easement) situated at 27 Attunga Heights, Noosa Heads and defer the application to a future Council meeting given the applicant has stopped the current period as provided for under the Planning Act 2016.: A. Refuse the application for the following reasons: 1. The proposed development is contrary to the Noosa Plan’s Strategic Framework and the Desired Environmental Outcomes as (i) The proposal does not satisfactorily protect the site’s significant environment values. (ii) The proposal does not maintain a satisfactory wildlife corridor through the site and intrudes into the riparian buffer to the site’s watercourse. 2. The proposed development is contrary to the Overall and Specific Outcomes of the Noosa Heads Locality Code as (i) The proposed uses are inconsistent with and therefore strongly inappropriate in the Open Space Conservation Zone. (ii) The applicant has not satisfactorily demonstrated the proposed development footprint is commensurate with the site’s constraints and values. (iii) The proposal will adversely impact on the site’s and the adjoining road reserve’s scenic and environmental values. (iv) The proposed built form will adversely impact on the visual amenity of nearby properties in Attunga Heights. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 (v) The proposed development does not respect the scale and character of the surrounding development. 3. The proposed development is contrary to the Specific Outcomes of the Noosa Heads Locality Code for population density, gross floor area, site cover, building height and setbacks. 4. The proposed development is contrary to the Biodiversity Overlay Code as the proposal does not satisfactorily manage, minimise or mitigate its impact’s on the site’s ecologically important areas, ecological linkages for the koala population and the site’s watercourse with the development resulting in excessive clearing of protected vegetation. 5. The proposed subdivision is contrary to the Reconfiguring a Lot Code as: (i) The proposed lots and lot boundaries fragment the site’s wildlife corridor and the riparian buffer to the site’s watercourse. (ii) The proposal is to subdivide land in the Open Space Conservation zone. (iii) The applicant has not demonstrated appropriate access for Lot 3 for construction purposes is available or achievable. (iv) The proposed parkland lot, Lot 4, includes part of the bushfire protection zone for the multiple dwelling units and steep slopes, which will require ongoing monitoring and future management, inappropriately burdening Council’s resources. 6. The proposed development has not been designed to avoid any potential instability and associated problems and seeks to clear excessive vegetation that assists in stabilising the site and the development in the long term contrary to the Natural Hazards Overlay Code and Reconfiguring a Lot Code. 7. The proposed development will adversely impact on the vegetated character of the adjoining pedestrian path in Edgar Bennett Avenue road reserve enjoyed by residents and visitors to the area due to the scale and extent of development proposed along this boundary and limited landscape opportunities to screen the development. The proposed works for the driveway and associated retaining walls are also likely to adversely impact on the vegetation within the road reserve and result in the removal of some existing mature vegetation. 8. The proposed stormwater management strategies for water quality for the multiple housing development on lot 1 conflict with the Water Sensitive Design Code, which requires natural treatment strategies and systems and are contrary to the Reconfiguring a Lot Code. 9. The proposed proprietary device has not been accepted by Stormwater Australia as a satisfactory water quality treatment system for this area. Therefore, the proposed development may adversely impact on the downstream ecosystem due to changes in water quality. 10. The proposed development is contrary to the draft Noosa Plan provisions, which reinforce the current Noosa Plan’s requirements to protect the site’s environmental values and appropriately respond to the site’s natural hazards. 11. The application attracted a considerable number of public submissions raising valid grounds of objection to the development. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

    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.

    link to this decision

  5. OPW17/0555 Planning & Environment Court Appeal No 2760 of 2018, Development Permit for Operational Works for Signage at 4-24 Gibson Rd, Noosaville
  6. That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 June 2019 regarding Planning & Envir… committee recommendation Court cases Development Carried

    That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 June 2019 regarding Planning & Environment Court Appeal No 2760 of 2018 and agree to settle the appeal generally in accordance with the amended conditions set out in Attachment 3.

    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.

    link to this decision

  7. Noosa Environment Strategy & Implementation Plan
  8. That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 11 June 2019 and: A. Adopt the Noosa … committee recommendation Carried

    That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 11 June 2019 and: A. Adopt the Noosa Environment Strategy, provided at Attachment 1, to provide long-term strategic direction of environmental management initiatives for the Noosa Council between 2019 and 2029; and B. Adopt the Implementation Plan of the Noosa Environment Strategy, provided at Attachment 2, which identifies how achievement of the targets and outcomes in the Strategy will be progressed between 2019 and 2022. C. Authorise the CEO to make any required minor amendments or corrections to both documents.

    Moved by Brian Stockwell, seconded by Jess Glasgow.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  9. Environment Levy Land Acquisition Program - Update
  10. That Council note the report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 11 June 2019 regarding an update on the … committee recommendation Carried

    That Council note the report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 11 June 2019 regarding an update on the Environment Levy Land Acquisition Program and: A. Agree to investigate, through the development of a business case, the eligibility for two parcels of land purchased by the Environment Levy (25SP104706, 26 Riverpark Drive, Ringtail Creek and 3RP186809, 1675 Louis Bazzo Drive, Boreen Point) for a revolving RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 JUNE 2019 fund, in accordance with Council’s Revolving Fund Policy Guidelines, to potentially provide funds to acquire other environmentally significant land; and B. Request staff to provide a report on the business case back to a future round of Council meetings for consideration. C. Write to the Minister for Environment requesting an update on the progress of National Park gazettal of two land parcels purchased under the Environment Levy, Echolelon Esplanade, Noosa North Shore, 22RP25570 and Lake Cooroibah Road, Lake Cooroibah, 2RP800334.

    Moved by Ingrid Jackson, seconded by Jess Glasgow.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  11. 2019 Community Satisfaction Survey Results
  12. That Council note the report by the Director Executive Services to the Services & Organisation Committee Meeting dated 11 June 2019 regarding the results of the… motion Superseded

    That Council note the report by the Director Executive Services to the Services & Organisation Committee Meeting dated 11 June 2019 regarding the results of the 2019 Community Satisfaction Survey and the Community Satisfaction Survey 2019 Report prepared by Market Facts Qld. Pty Ltd contained in Attachment 1 to the report.

    Moved by Ingrid Jackson, seconded by Joe Jurisevic.

    The minutes record no vote on this motion: they go straight on to the amendment that followed, below.

    link to this decision

  13. That the following words be added to the end of the motion: “and place on record its formal thanks for the efforts of Noosa Council staff in achieving the conti… amendment Carried

    That the following words be added to the end of the motion: “and place on record its formal thanks for the efforts of Noosa Council staff in achieving the continued improvement and significant positive result.”

    Moved by Brian Stockwell, seconded by Frank Wilkie.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  14. That Council note the report by the Director Executive Services to the Services & Organisation Committee Meeting dated 11 June 2019 regarding the results of the… committee recommendation Carried

    That Council note the report by the Director Executive Services to the Services & Organisation Committee Meeting dated 11 June 2019 regarding the results of the 2019 Community Satisfaction Survey and the Community Satisfaction Survey 2019 Report prepared by Market Facts Qld. Pty Ltd contained in Attachment 1 to the report and place on record its formal thanks for the efforts of Noosa Council staff in achieving the continued improvement and significant positive result.

    Moved by Ingrid Jackson, seconded by Joe Jurisevic.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  15. Planning & Environment Court Appeal No. 2881 of 2018 - Enforcement Notice Issued to Noosa Airfield, Lake Weyba Dve & Eenie Creek Rd, Noosaville
  16. That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 17 June 2019 and agree to resolve the appeal on the ba… committee recommendation Court cases Carried

    That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 17 June 2019 and agree to resolve the appeal on the basis of the Mediation Agreement included as Attachment 1 & the Area to Revegetate included as Attachment 2 to this report.

    Moved by Joe Jurisevic, seconded by Tony Wellington.

    Carried. The minutes do not name who voted which way, which they only had to when a division was called.

    link to this decision

  17. Financial Performance Report - May 2019
  18. That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 June 2019 outlining May 2019 year to date financial per… committee recommendation Budget & finance Carried

    That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 June 2019 outlining May 2019 year to date financial performance against budget.

    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.

    link to this decision

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