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 - 16 December 2019

Monday 16 December 2019 · General Committee Meeting · 14 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. Noosa Biosphere Reserve Foundation – 2018/19 Annual Report
  2. That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 10 December 2019 and note the 2018/19 A… committee recommendation Carried unanimously

    That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 10 December 2019 and note the 2018/19 Annual Report and audited Financial Statements received from the Noosa Biosphere Reserve Foundation as provided at Attachments 1 and 2 to the report and thank Mr Dick Barnes for his efforts in the Noosa Biosphere Reserve Foundation. Cr Wellington joined the meeting.

    Moved by Brian Stockwell, seconded by Joe Jurisevic.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  3. That Cr Wellington be appointed as Acting Chairperson of the meeting whilst Cr Wilkie is absent from the room. committee recommendation Carried unanimously

    That Cr Wellington be appointed as Acting Chairperson of the meeting whilst Cr Wilkie is absent from the room.

    Moved by Frank Wilkie, seconded by Jess Glasgow.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  4. Tourism Noosa 2018-19 Annual Report and Funding Agreement Extension
  5. That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 10 December 2019 regarding Tourism Noosa’s 20… committee recommendation Grants & funding Carried unanimously

    That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 10 December 2019 regarding Tourism Noosa’s 2018/19 Annual Report and Funding Agreement and: 1. Note the Annual Report for the 2018/19 financial year (including the 2018/19 financial statements) as provided at Attachment 1 to the report; and 2. Agree to extend the existing Funding Agreement between Tourism Noosa and Council for a further two year period as currently provided for in Clause 2 of the Funding Agreement.

    Moved by Tony Wellington, seconded by Ingrid Jackson.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  6. Proposed Local Law Amendments - Advertising Devices - Post 2ND Round of Consultation
  7. That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 16 December 2019 and resolve: A. To make the following… motion Local laws Superseded

    That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 16 December 2019 and resolve: A. To make the following changes in response to submissions to the Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown in tracked change extracts in Attachment 1: i. amend the requirements for sandwich board / A-Frame signs to clarify that the sandwich board / A-Frame must be placed on the property to which it refers, or where this is not practically possible, immediately abutting the property on public land; ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A – Frame signs and instead state that clear pedestrian, wheelchair and pram access must be maintained at all times; iii. clarify the wording for event directional signage to say that it must only be displayed on the days of the event and not more than 7 days prior to the event; B. Having considered the content of a public interest test report in relation to anti- competitive provisions contained in each of Administration (Amendment) Local Law (No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019, note the content of the public interest test report in Attachment 2 and implement the recommendations of the public interest test report; C. To proceed with the making of, and make, Administration (Amendment) Local Law (No. 1) 2019 as altered in Attachment 3; D. To proceed with the making of, and make, Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4; E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 contain anti-competitive provisions; F. To bring forward the consolidated version of: a. Local Law No. 1 (Administration) 2015; b. Subordinate Local Law No. 1 (Administration) 2015; and c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015; for adoption and commencement in early 2020 to enable the local law amendments to commence when the new Noosa Plan takes effect. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019 Amendment No. 1

    Moved by Tony Wellington, seconded by Frank Wilkie.

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

    link to this decision

  8. That item A and item A ii. be amended to read as follows: A. To make the following changes in response to submissions to the Administration and Other Subordin… amendment Local laws Lost · 2–4

    That item A and item A ii. be amended to read as follows: A. To make the following changes in response to submissions to the Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown in tracked change extracts in Attachment 1: ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A – Frame signs and instead state that clear two way minimum 1.5m wide pedestrian, wheelchair and pram access must be maintained at all times;

    Moved by Brian Stockwell, seconded by Jess Glasgow.

    for 2 — Brian Stockwell, Tony Wellington
    against 4 — Jess Glasgow, Joe Jurisevic, Ingrid Jackson, Frank Wilkie

    link to this decision · on the contested votes register

  9. That item A be amended and a new item A iv. be added to read as follows: A. To make the following changes in response to submissions to the Administration and… amendment Local laws Lost · 2–4

    That item A be amended and a new item A iv. be added to read as follows: A. To make the following changes in response to submissions to the Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown in tracked change extracts in Attachment 1: iv. Amend the self-assessable criteria for sandwich board / A-Frame signs to allow a maximum of 1 (one) advertising device to be displayed per business operating from the tenancy.

    Moved by Ingrid Jackson, seconded by Joe Jurisevic.

    for 2 — Ingrid Jackson, Jess Glasgow
    against 4 — Tony Wellington, Joe Jurisevic, Brian Stockwell, Frank Wilkie

    link to this decision · on the contested votes register

  10. That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 16 December 2019 and resolve: A. To make the following … committee recommendation Local laws Carried on casting vote · 3–3

    That Council note the report by the Principal Strategic Planner to the General Committee Meeting dated 16 December 2019 and resolve: A. To make the following changes in response to submissions to the Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No.1) 2019 shown in tracked change extracts in Attachment 1: i. amend the requirements for sandwich board / A-Frame signs to clarify that the sandwich board / A-Frame must be placed on the property to which it refers, or where this is not practically possible, immediately abutting the property on public land; RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019 ii. remove the 2m clear pedestrian walkway requirement for sandwich board / A – Frame signs and instead state that clear pedestrian, wheelchair and pram access must be maintained at all times; iii. clarify the wording for event directional signage to say that it must only be displayed on the days of the event and not more than 7 days prior to the event; B. Having considered the content of a public interest test report in relation to anti- competitive provisions contained in each of Administration (Amendment) Local Law (No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019, note the content of the public interest test report in Attachment 2 and implement the recommendations of the public interest test report; C. To proceed with the making of, and make, Administration (Amendment) Local Law (No. 1) 2019 as altered in Attachment 3; D. To proceed with the making of, and make, Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 as altered in Attachment 4; E. To note that each of Administration (Amendment) Local Law (No. 1) 2019 and Administration and Other Subordinate Local Law (Amendment) Subordinate Local Law (No. 1) 2019 contain anti-competitive provisions; F. To bring forward the consolidated version of: a. Local Law No. 1 (Administration) 2015; b. Subordinate Local Law No. 1 (Administration) 2015; and c. Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2015; for adoption and commencement in early 2020 to enable the local law amendments to commence when the new Noosa Plan takes effect.

    Moved by Tony Wellington, seconded by Frank Wilkie.

    for 3 — Tony Wellington, Frank Wilkie, Brian Stockwell
    against 3 — Jess Glasgow, Joe Jurisevic, Ingrid Jackson

    link to this decision · on the contested votes register

  11. Noosa Spit Shoreline Erosion Update - December 2019
  12. That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to the General Committee Meeting dated 16 December 2019 and A. Note… motion Superseded

    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to the General Committee Meeting dated 16 December 2019 and A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment 1 to the report; and B. Refer funding of the implementation pathway as described in the Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21 financial year budget process. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019

    Moved by Tony Wellington, seconded by Jess Glasgow.

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

    link to this decision

  13. That item B be amended to read as follows: B. Refer funding of for the implementation of the first phase of pathway as described in the Noosa Spit Shoreline E… amendment Carried · 5–1

    That item B be amended to read as follows: B. Refer funding of for the implementation of the first phase of pathway as described in the Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21 financial year budget process.

    Moved by Brian Stockwell, seconded by Ingrid Jackson.

    for 5 — Brian Stockwell, Tony Wellington, Jess Glasgow, Joe Jurisevic, Ingrid Jackson
    against 1 — Frank Wilkie

    link to this decision · on the contested votes register

  14. That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to the General Committee Meeting dated 16 December 2019 and A. Note… committee recommendation Carried unanimously

    That Council note the report by the Project Coordinator – Flooding, Coastal and Foreshores to the General Committee Meeting dated 16 December 2019 and A. Note the Noosa Spit Shoreline Erosion Management Plan as contained in Attachment 1 to the report; and B. Refer funding of for the implementation of the first phase of pathway as described in the Noosa Spit Shoreline Erosion Management Plan for consideration in the 2020/21 financial year budget process.

    Moved by Tony Wellington, seconded by Jess Glasgow.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  15. Financial Performance Report - November 2019
  16. That Council note the report by the Manager Financial Services to the General Committee Meeting dated 16 December 2019 outlining November 2019 year to date fina… committee recommendation Budget & finance Carried unanimously

    That Council note the report by the Manager Financial Services to the General Committee Meeting dated 16 December 2019 outlining November 2019 year to date financial performance against budget, including key financial sustainability indicators.

    Moved by Jess Glasgow, seconded by Joe Jurisevic.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  17. That the meeting be closed to the public pursuant to section 275(1)(f) and Section 275(1)(g) of the Local Government Regulation 2012 for the purpose of discussi… committee recommendation Carried unanimously

    That the meeting be closed to the public pursuant to section 275(1)(f) and Section 275(1)(g) of the Local Government Regulation 2012 for the purpose of discussing Item 4 – 51987.2951.01 – Planning & Environment Court Appeal No. 245 of 2019 – 42 Seaview Terrace, Sunshine Beach.

    Moved by Brian Stockwell, seconded by Jess Glasgow.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  18. That the meeting be re-opened to the public. committee recommendation Carried unanimously

    That the meeting be re-opened to the public.

    Moved by Tony Wellington, seconded by Joe Jurisevic.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

  19. 51987.2951.01 - Planning & Environment Court Appeal No. 245 of 2019 (M Design & Fourteen Enterprises) - Minor Change to a Development Approval for Addition of a Swimming Pool and Deck at 42 Seaview Terrace, Sunshine Beach
  20. That Council note the report by the Manager Development Assessment to the General Committee meeting dated 16 December 2019 regarding Planning & Environment Cour… committee recommendation Court cases Carried unanimously

    That Council note the report by the Manager Development Assessment to the General Committee meeting dated 16 December 2019 regarding Planning & Environment Court Appeal No. 245 of 2019 and agree to settle the appeal generally in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. This development approval for a minor change to Town Planning Consent (TPC1918) for a dwelling in a Sand Dune Problem Area, must be undertaken in accordance with the conditions of approval. 2. The applicant must provide a copy of this development approval to the private building certifier who assesses the subsequent development application for a development permit for building works for the construction of the pool and deck area. Approved Plans 3. Development must be undertaken strictly in accordance with the approved plans listed in the following table unless otherwise amended by these conditions. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019 Drawing No. Rev. Plan Date 2.1 C Ground Floor – Demolition, prepared by M Design 18.09.18 2.2 C Ground Floor Proposed, prepared by M Design 18.09.18 5.1 C Sections, prepared by M Design 18.09.18 P1 A Cover Page, prepared by Rienmac Pty Ltd 14.09.18 Sheet 1 of 3 P2 A Pool Plan, prepared by Rienmac* 14.09.18 Sheet 2 of 3 P3 A Details, prepared by Rienmac* 14.09.18 Sheet 3 of 3 *Note: The foundations are to be modified to comply with the Core Geotechnical Consultants report dated, September 2019 (ref J000867-003-R-Rev 0). Approved Documents 4. Development must be undertaken strictly in accordance with the approved documents listed in the following table unless otherwise amended by these conditions. Document M Design & Fourteen Enterprises Pty Ltd (Appellants v Noosa Shire Council (Respondent), Planning and Environment Appeal No.245 of 2019, Joint Expert Report dated 7 August 2019 including all Attachments: Attachment 1  Working Notes: M Design and Fourteen Enterprises Pty Ltd as trustee v Noosa Shire Council – 42 Seaview Terrace, Sunshine Beach, prepared by Omtrek dated July 2019; and Attachment 2  Geotechnical Report, proposed swimming pool 42 Seaview Terrace, Sunshine Beach, Updated in Response to Joint Information Request by Coastal Engineering Experts, prepared by Core Consultants Pty Ltd and dated 24 September 2019; and Attachment 3  Core Consultants email advice of 27 September 2019; and Attachment 4  Coastal Erosion Historic Assessments by Neil Collins 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 issue of a Development Permit for Building 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. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019 Landscaping 6. The existing trees, in particular the Pandanus tectorius located in the south east corner of the site must be retained as shown on the approved plan by M Design, Drawing No. 2.1, Issue C, dated 18 September 2018. 7. Existing vegetation in the road reserve must be retained, unless written authorisation from Council is granted for the clearing. 8. Trees to be retained must be protected from clearing or construction activities by: a. clearly marking vegetation to be retained with flagging tape; b. installing protective fencing around the drip line of the vegetation; c. restricting stockpiling, storage and vehicle parking to those areas which are already cleared; and d. using low impact construction techniques around vegetation. Earthworks 9. Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or concentrate or direct overland flow on to an adjoining property. Geotechnical Stability 10. All works must be carried out strictly in accordance with the geotechnical report prepared by Core Consultants Pty Ltd and dated 24 September 2019, including the following recommendations (which are the minimum specifications): 10.1. piles are to be a minimum of 10m deep; 10.2. pile arrangement number, arrangement and spacing and associated A frame structure and capping beams are to be, as a minimum, in accordance with Drawing Number P1001 entitled ‘A Frame for Slope Stabilisation General Arrangement’ and in accordance with Figure B4 entitled ‘Case 4; Piles Support’; 10.3. grout columns are to be installed between the micro-piles to a minimum depth of 10m to prevent all sand flow between the piles; and 10.4. a minimum of 56 piles are required with 50 required under the eastern side of the pool. 11. All works associated with the construction of the pool are to be certified by a Registered Professional Engineer of Queensland (RPEQ) to ensure compliance with the geotechnical report prepared by Core Consultants Pty Ltd and dated 24 September 2019, and the conditions of approval. Coastal Protection 12. To protect the coastal dune system, a mix of native endemic coastal vegetation consisting of ground covers, shrubs and trees must be planted for a width of 5m for the full length of the seaward boundary in accordance with Council’s Planning Scheme Policy PSP3 Landscaping Plants and Guidelines. The planted vegetation must have a minimum pot size of 200mm and must be planted at the following density: a. trees must have a maximum spacing of 5m; RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 16 DECEMBER 2019 b. shrubs must have a maximum spacing of 2m; and c. ground covers planted between the trees and shrub stems to provide a dense coverage. 13. An access gate or like device allowing access to the beachfront area is not permitted to be installed.

    Moved by Ingrid Jackson, seconded by Jess Glasgow.

    Carried unanimously. The minutes do not name who voted which way.

    link to this decision

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