Ordinary Meeting - 30 April 2020
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.
- Agenda: council's 2020 archive, under 30 April
- Minutes: council's 2020 archive, under 30 April
Recording
- Recording on council's YouTube channel © Noosa Shire Council
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.
- Confirmation of Minutes
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The Minutes of the Ordinary Meeting held on 19 March 2020 be received and confirmed. Carried unanimously
The Minutes of the Ordinary Meeting held on 19 March 2020 be received and confirmed.
Moved by Joe Jurisevic, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
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The Minutes of the Post-Election Meeting held on 17 April 2020 be received and confirmed. Carried unanimously
The Minutes of the Post-Election Meeting held on 17 April 2020 be received and confirmed.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Financial Performance Report – March 2020
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That Council note the report by the Director Corporate Services to the Ordinary Meeting dated 30 April 2020 outlining March 2020 year to date financial performa… Budget & finance Carried unanimously
That Council note the report by the Director Corporate Services to the Ordinary Meeting dated 30 April 2020 outlining March 2020 year to date financial performance against budget, including key financial sustainability indicators.
Moved by Brian Stockwell, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0132 - Development Application for Material Change of Use for Entertainment & Dining Business Type 2 Recreation, Amusement
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That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0132 for a Development Permi… motion Development Superseded
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0132 for a Development Permit for Material Change of Use – Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym), situated at 24 Venture Dr, Noosaville and: A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. Unless otherwise stated, all conditions of this Decision Notice must be complied with, and then compliance maintained at all times while the use continues. Approved Plans 2. 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 A.101 C Site Plan, drawn by Zest Design 26/02/2020 Nature and Extent of Approved Use 3. The maximum number of patrons on site at any one time must not exceed 27, with up to 2 staff permitted on site at any one time. 4. An online booking system must be used at all times to ensure the maximum number of persons on site at any one is managed and does not exceed 27 patrons. 5. The gym must be staffed at a minimum between 7am -10am and 3pm – 6.30pm each day to monitor patron numbers and ensure the maximum patron numbers are not exceeded. Bicycle Parking and End of Trip Facilities 6. A minimum of 5 bicycle parking spaces, 5 lockers and 2 shower cubicles must be provided on site. Landscaping 7. A minimum of 15% of the site must be retained as landscaped area and landscaped in accordance with the Noosa Plan and local planning scheme policy. Amenity 8. The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions. Advertising Signage 9. Any advertising sign or device must comply with Council’s policies on advertising. Currency Period 10. The Currency Period for this development approval lapses if the use has not happened by 30 April 2026, unless an application to extend the currency period is approved by Council. 11. This development approval lapses 2 years after the commencement of the use, unless further extended by Council in writing. On commencement of the use written notification must be given to Council advising of the commencement day. ENGINEERING Car Parking 12. A minimum of 18 car parking spaces and 4 motorcycle/motor scooter 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. 2 staff parking spaces within the total, which are clearly marked for that purpose; b. provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code; c. 1 disabled parking space/s within the total; d. crossfalls and gradients in accordance with Australian Standard AS2890: Parking Facilities. 13. 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. 14. Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site. 15. All carparking must be line-marked generally as shown on drawing A.101, titled “Site Plan”, Rev C, dated 26/02/2020, prepared by Zest Design. Stormwater Drainage 16. Stormwater runoff from the development must be disposed of without causing scour or damage to the subject site or any adjoining property. Electricity and Telecommunication Services 17. Unless otherwise stipulated by telecommunications legislation at the time of construction, the development must be provided with all necessary conduits, pits and pipes to accommodate the future connection of optic fibre technology telecommunications. Easements 18. Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property. 19. All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement. 20. All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee. 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. B. Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme: 1. Some sport and recreational uses are accepted in the Industry zone given the limited potential impacts of sport and recreation uses; 2. The fitness centre is of a similar size and scale to other approved gyms within the Noosaville Industrial area; and 3. The proposed gym is consistent with the outcomes sought for the Venture Drive Enterprise Precinct under the draft planning scheme. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That item 11 be amended to read: 11. This development approval lapses 1 year after the commencement of the use, unless further extended by Council in writing. O… amendment Development Lost · 2–5
That item 11 be amended to read: 11. This development approval lapses 1 year after the commencement of the use, unless further extended by Council in writing. On commencement of the use written notification must be given to Council advising of the commencement day.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
for 2 — Brian Stockwell, Karen Finzel
against 5 — Clare Stewart, Amelia Lorentson, Joe Jurisevic, Tom Wegener, Frank Wilkie -
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0132 for a Development Permi… Development Carried unanimously
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0132 for a Development Permit for Material Change of Use – Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym), situated at 24 Venture Dr, Noosaville and: A. Approve the application in accordance with the conditions contained in the Ordinary Meeting Agenda dated 30 April 2020. B. Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme: 1. Some sport and recreational uses are accepted in the Industry zone given the limited potential impacts of sport and recreation uses; 2. The fitness centre is of a similar size and scale to other approved gyms within the Noosaville Industrial area; and 3. The proposed gym is consistent with the outcomes sought for the Venture Drive Enterprise Precinct under the draft planning scheme. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0066 - Material Change of Use – Commercial Business - Type 1 Office at 2197 David Low Way, Peregian Beach
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That Council note the report by the Coordinator Planning to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0066 for a Development Perm… Development Carried unanimously
That Council note the report by the Coordinator Planning to the Ordinary Meeting dated 30 April 2020 regarding Application No. MCU19/0066 for a Development Permit for Material Change of Use - Commercial Business - Type 1 Office situated at 2197 David Low Way, Peregian Beach and: A. Approve the application in accordance with the conditions contained in the Ordinary Meeting Agenda dated 30 April 2020. B. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The site has not been used for residential purposes for a significant period of time as it obtained a building approval for a Kiosk in 1969 and planning approval for a Nursery in 1972. 2. The proposal will not result in additional commercial use area as it utilises part of an existing building associated with an existing lawful commercial use. 3. The proposed use will not result in any significant new or additional impacts on the surrounding residential amenity. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Frank Wilkie, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- MCU18/0166 - Planning & Environment Court Appeal No DB897 of 2020
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That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Planning & Environment Court Appeal No. DB897 of 2… Court cases Development Carried unanimously
That Council note the report by the Development Planner to the Ordinary Meeting dated 30 April 2020 regarding Planning & Environment Court Appeal No. DB897 of 2020 and defer consideration of the matter to the May round of meetings to allow Councillors to obtain further information.
Moved by Amelia Lorentson, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
- Council Meeting Structure and Timetable
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That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 30 April 2020 regarding the Council meeting structure and timetable fo… Carried unanimously
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 30 April 2020 regarding the Council meeting structure and timetable for the remainder of 2020 and: A. Approve the re-establishment of the Planning and Environment Committee, the Services and Organisation Committee, and the General Committee as Standing Committees under section 264 of the Local Government Regulation 2012, with the relevant roles and responsibilities identified in the Chief Executive Officer’s report; B. Appoint the following Councillors to each of the Committees: Planning and Environment Committee Mayor Stewart Councillor Stockwell Councillor Wegener Councillor Finzel Services and Organisation Committee Mayor Stewart Councillor Jurisevic Councillor Lorentson Councillor Wilkie General Committee The Mayor and all Councillors C. Appoint the following Chairpersons to the Standing Committees: General Committee – Councillor Wilkie Planning and Environment Committee – Councillor Stockwell Services and Organisation Committee – Councillor Jurisevic D. Note that Council can amend its decision-making structure, membership of Committees or Chairpersons of Committees as it requires, by resolution, from time to time; E. Adopt the times and dates of future meetings of the Council and Committees in accordance with the Meeting Calendar 2020 shown at Attachment 1 to the report, with meetings to be held at the Council Chambers at Tewantin unless otherwise determined by Council; and F. Note that due to the COVID-19 Pandemic, Ordinary Meetings, Special Meetings and Standing Committee meetings can be held by teleconference / video- conference and undertaken without the public present if required on the basis that Council and Committee meetings can be livestreamed.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
- Confidential Session
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That the meeting be closed to the public pursuant to section 275(1)(f) of the Local Government Regulation 2012 for the purpose of discussing Ordinary Meeting Ag… Carried unanimously
That the meeting be closed to the public pursuant to section 275(1)(f) of the Local Government Regulation 2012 for the purpose of discussing Ordinary Meeting Agenda Item 5 – RAL18/0023 – Planning & Environment Court Appeal No. 765 of 2020 – Refusal of Application for Reconfiguring a Lot (1 into 23 Lots) at 28 Eenie Creek Road, Noosaville.
Moved by Brian Stockwell, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
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That the meeting be re-opened to the public. Carried unanimously
That the meeting be re-opened to the public.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- RAL18/0023 - Planning & Environment Court Appeal No 765 of 2020 – Refusal of Application for Reconfiguring a Lot (1 into 23 Lots) at 28 Eenie Creek Road, Noosaville
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That Council note the report by the Manager Development Assessment to the Ordinary Meeting dated 30 April 2020 regarding Planning & Environment Court Appeal No.… Court cases Development Carried · 6–1
That Council note the report by the Manager Development Assessment to the Ordinary Meeting dated 30 April 2020 regarding Planning & Environment Court Appeal No. 765 of 2020 and: A. Agree to defend the appeal; and B. Note the progress of the mediation process and request the Chief Executive Officer to provide a further report to the Council on the outcome of the mediation process once that mediation process has been concluded; and C. Request the CEO to arrange for a briefing of the Council on the background of this application.
Moved by Frank Wilkie, seconded by Brian Stockwell.
for 6 — Clare Stewart, Joe Jurisevic, Tom Wegener, Brian Stockwell, Frank Wilkie, Karen Finzel
against 1 — Amelia Lorentson
Source
- Council recording: full video © Noosa Shire Council
- Agenda and minutes: council's 2020 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au