General Committee Meeting - 17 August 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 17 August
- Minutes: council's 2020 archive, under 17 August
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.
- MCU19/0117 Development Application for a Material Change of Use for Visitor Accommodation - Type 3 at 500/90 Beach Road, Noosa North Shore
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That Councillors note the perceived conflict of interest declaration of Cr Lorentson and resolve that this represents a perceived conflict of interest in this m… committee recommendation Development Carried · 4–1
That Councillors note the perceived conflict of interest declaration of Cr Lorentson and resolve that this represents a perceived conflict of interest in this matter and Cr Lorentson may remain in the meeting room to participate in the debate and vote on this matter.
Moved by Brian Stockwell, seconded by Clare Stewart.
for 4 — Brian Stockwell, Clare Stewart, Joe Jurisevic, Tom Wegener
against 1 — Frank Wilkie
not eligible: Amelia Lorentson -
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 June 2020 regarding Application No. MCU19/0117 f… committee recommendation Development Carried · 4–1
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 9 June 2020 regarding Application No. MCU19/0117 for a Development Permit for Material Change of Use - Visitor Accommodation - Type 3 Rural, situated at Beach Road Holiday 500/90 Beach Road, Noosa North Shore and: A. Refuse the application for the following reasons: 1. The proposed development is not for Visitor Accommodation - Type 3 Rural as defined under the Noosa Plan because: a) a Detached house and Entertainment and Dining Business Type 2 Recreation, amusement & fitness are proposed on the site; RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 b) alternatively a Detached house and an undefined use is proposed; c) the proposed lagoon/wave pool does not constitute an ‘ancillary use’; and d) the proposal does not have a direct connection with the environmental or scenic values of site. 2. The proposed development is for: a) a Detached house, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment; and b) Entertainment and dining business - Type 2 Recreation, amusement & fitness, being an inconsistent use in the Visitor Mixed Use Zone under the Noosa North Shore Locality Plan and requiring impact assessment or c) Alternatively an undefined use requiring impact assessment. 3. The proposal does not comply with the Strategic Framework and Community Vision or the Desired Environmental Outcomes of The Noosa Plan for visitor facilities and tourism in Noosa, as: a) the proposed accommodation does not support a range of accommodation styles on the Noosa North Shore, is limited to one dwelling unit and is likely to undermine the planning scheme’s strategy to limit visitor accommodation on the Noosa North Shore to key identified sites contrary to 1.7.8 c) of the Strategic Framework and 3.1.3 k) of the Desired Environmental Outcomes; and b) the proposed lagoon/wave pool is at odds with the natural setting, is not low key and does not facilitate education and interpretation of the natural environment, and instead relies on built infrastructure as the tourist attraction contrary to 1.7.8 d) of the Strategic Plan and 3.1.3 k) of the Desired Environmental Outcomes. 4. The proposal does not comply with the Overall Outcomes a), e), g), h), r), s), u), and oo) and Specific Outcomes O1 and O9 of the Noosa North Shore Locality Code, as the proposal: a) is not directly related to recreational experiences offered in the locality, which are based around the area’s natural environment; b) is not consistent with maintaining the locality’s remote setting and undeveloped character being an area largely dedicated to conservation; c) is likely to adversely impact on the amenity of visitors and residents on the Noosa North Shore; d) is not secondary to its open space setting with a very low intensity and scale of operation; e) will undermine the ability of the North Shore to offer visitor accommodation; f) is likely to require a large number of water tankers to initially fill and continue to top up the wave pool which will impact on other ferry users and residents along the road access; and RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 g) would result in significant adverse impacts on biodiversity, native vegetation, native fauna habitat, landscape quality, and ground water quality as a result of clearing, excavation and waste water disposal. 5. The proposal does not comply with the Overall Outcomes a) and c) and Specific Outcomes O3, and O35 of the Visitor Accommodation Code, as the proposal: a) is not of a scale and nature complementary and respectful to its surroundings, has not been designed to integrate with the natural landscape setting and will result in adverse environmental impacts; b) is not compatible with and does not promote the natural environment. 6. The proposal does not comply with the Overall Outcomes a), b) c), d) and g) and Specific Outcomes O1, O3, O4, O7, O8, O11, O14, O15, O16, O18 and O19 of the Biodiversity Overlay Code, as the proposal would result in significant adverse impacts on the natural environment as a result of: a) clearing 1.24 hectares of threatened species habitat of high value regrowth vegetation; b) the potential to pollute a wetland with high ecological values through waste water disposal. 7. The development proposal is inconsistent with the 2020 Noosa Plan, in which the land is zoned tourist accommodation, the provisions of which seek to restrict the subject land for visitor accommodation and to preserve the amenity of the area and natural vegetation in a similar manner to the 2006 Noosa Plan. 8. Since the time of lodgement of the development application the State mapping has been updated, the subject land being now mapped as a koala priority area and core koala habitat area in which development is prohibited under the Planning Regulation 2017 to the extent it interferes with koala habitat. 9. There is no significant economic or town planning need for the proposed development. 10. There are no discretionary matters which would warrant approval of the proposed development. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016. C. Note the application was lodged under the Noosa Plan 2006, which was superseded by the Noosa Plan 2020, which commenced on 31 July 2020. All references to the ‘Noosa Plan’ or ‘the planning scheme’ within the assessment report is in reference to the now superseded Noosa Plan 2006.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
for 4 — Brian Stockwell, Joe Jurisevic, Frank Wilkie, Tom Wegener
against 1 — Amelia Lorentson - Climate Change Response Plan
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That Council note the report by the Principal Strategic Planner to the Planning & Environment Committee Meeting on the Climate Change Response Plan dated 11 Aug… committee recommendation Carried unanimously
That Council note the report by the Principal Strategic Planner to the Planning & Environment Committee Meeting on the Climate Change Response Plan dated 11 August 2020 and A. Approve the Project Plan and Community and Stakeholder Engagement Plan provided at Attachment 1 and 2 to the report; and B. Approve the updated Climate Emergency Response Plan PCG Charter provided at Attachment 3 to the report.
Moved by Tom Wegener, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
- Planning & Environment Court Appeal No D102 of 2020 - Refusal of Ancillary Dwelling Unit at 1/33 Gateway Drive, Noosaville
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That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 August 2020 regarding Planning & Env… committee recommendation Court cases Carried unanimously
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment Court Appeal No. D102 of 2020 and agree to defend the appeal.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Operational Plan Progress Report - 4TH Quarter 2019-20
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That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 August 2020 providing an update on progres… committee recommendation Carried unanimously
That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 August 2020 providing an update on progress with the implementation of the Operational Plan to 30 June 2020 and details of Council’s Key Performance Indicators.
Moved by Clare Stewart, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Year in Review – 2019-20
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That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 August 2020 providing a review of Council’… committee recommendation Carried unanimously
That Council note the report by the Chief Executive Officer to the Services & Organisation Committee Meeting dated 11 August 2020 providing a review of Council’s progress in the 2019/20 financial year towards achieving the five key focus areas set out in Council’s Corporate Plan and thank Council staff for their efforts in the last twelve months to progress so many significant projects and providing outstanding service to our community.
Moved by Brian Stockwell, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Budget Review 1 (BR1) for the 2020/21 Financial Year
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That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 August 2020 and approve the proposed changes to the bud… committee recommendation Budget & finance Carried unanimously
That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 August 2020 and approve the proposed changes to the budget for the 2020/21 financial year as outlined in the Revised Budget Financial Statements attached to the report.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Financial Performance Report – July 2020
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That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 August 2020 outlining July 2020 year to date financial … committee recommendation Budget & finance Carried unanimously
That Council note the report by the Manager Financial Services to the General Committee Meeting dated 17 August 2020 outlining July 2020 year to date financial performance against budget, including performance against key financial sustainability indicators.
Moved by Clare Stewart, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Fire Management Actions Update
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That Council note the report by the Environment Services Manager and Economic Development Manager to the General Committee Meeting dated 17 August 2020 providin… committee recommendation Carried unanimously
That Council note the report by the Environment Services Manager and Economic Development Manager to the General Committee Meeting dated 17 August 2020 providing an update on fire management actions currently underway to enhance community safety.
Moved by Joe Jurisevic, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
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That the meeting be closed to the public pursuant to section 275(1) (f) and (g) of the Local Government Regulation 2012 for the purpose of discussing legal advi… committee resolution Carried unanimously
That the meeting be closed to the public pursuant to section 275(1) (f) and (g) of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to an appeal in the Planning & Environment Court so that Council’s legal position is protected in relation to General Committee Agenda Item 9 - RAL17/0504 Planning & Environment Court Appeal No D61 of 2018 Refusal of Application to Reconfigure a Lot (1 into 4 Lots) at 135 Lake Webya Drive, Noosaville.
Moved by Joe Jurisevic, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
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That the meeting be re-opened to the public. committee resolution Carried unanimously
That the meeting be re-opened to the public.
Moved by Joe Jurisevic, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
- Confidential: Not for Public Release - RAL17/0504 Planning & Environment Court Appeal No D61 of 2018 Refusal of Application to Reconfigure a Lot (1 into 4 Lots) at 135 Lake Webya Drive, Noosaville
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That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 17 August 2020 and agree to settle Planning & Environm… committee recommendation Court cases Closed doors Development Carried · 5–1
That Council note the report by the Manager Development Assessment to the General Committee Meeting dated 17 August 2020 and agree to settle Planning & Environment Appeal No. D61 of 2018 generally in accordance with the following conditions: When Conditions Must be Complied With 1. Unless otherwise stated, all conditions of this development approval must be complied with prior to the plan sealing and the creation of the proposed lots. Compliance with the conditions of approval is required at all times. Approved Plans & Documents 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 60669 E Plan of Development (Proposed Community Title 31 July 2020 Subdivision of Lot 1 on RP36729) by Murray & Associates RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 Plan No. Rev Plan/Document Name Date 60669 E Plan of Development (Proposed Community Title 31 July 2020 Subdivision of Lot 1 on RP36729) – Aerial by Murray & Associates 17623-SK100 F Preliminary Plan of Development (Sheet 1 of 2) 6 August 2020 by TOD Figure 4 Bushfire Mitigation Plan by Land and 31 July 2019 Environment Consultants (LEC) To be revised pursuant to condition 26 Flood Emergency Management Plan by Water 27 February 2020 Technology Bushfire Management Plan to be approved pursuant to condition 26 Vegetation Management Plan to be approved pursuant to condition 39 Draft Covenant 22 June 2020 3. All lot numbering on the subdivision plan to be submitted to Council for compliance assessment must remain as shown on the Approved Plans. 4. The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions. Currency Period 5. The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 30 August 2024, unless an application to extend the currency period is approved by Council. Plan of Development 6. All future dwellings on proposed Lots 1, 2 & 4 must be sited and constructed in accordance with the approved building envelopes and dwelling controls as shown on the Approved Plans. A copy of the approved Plan of Development and other management plans (referred to in this development approval) and maximum building height requirements must be included in any contract of sale for the proposed lots, together with a clause which requires all dwellings to be constructed in accordance with the development approval. 7. The Applicant must prepare a metes and bounds building envelopes plan indicating building pad areas for the proposed lots. The areas must be in accordance with Plan of Development, Drawing No. 17623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. The plan must be submitted in both hard copy and digital format (dwg) on GDA 94 zone 56 coordinates. The Applicant must submit the plan to Council for approval prior to the endorsement of the Plan of Survey. 8. Dwellings and outbuildings are to be located within the building envelopes provided for the proposed lots consistent with Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. 9. Dwellings must not exceed a maximum building height of 9 metres measured from the natural ground level as defined by the Noosa Plan 2006. 10. The Body Corporate is responsible for maintaining the access to the proposed lots in accordance with the Plan of Development, Drawing No. 7623-SK100, Revision F RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 prepared by TOD Engineers and Project Managers, dated 6 August 2020. Onsite Civil Works 11. Prior to sealing of the plan of survey, proposed Lots 1, 2 & 4 are to be filled to provide suitable building pads and access in accordance with the Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. The works required are to be in accordance with the following: a) the building pad on proposed Lot 4 is to be located not less than 4m from the southern boundary; b) the building pads within proposed Lots 1, 2 & 4 are to achieve a minimum reduced level of RL 2.600m (AHD) and battered down to natural ground; c) the access driveway from Lake Weyba Drive to each of the proposed lots is to be constructed in accordance with the Plan of Development, Drawing No. 7623- SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020, including the provision of 5.5m wide passing bays as shown; d) the access driveway is to achieve a minimum reduced level of RL 1.5m (AHD); e) roadside flood height gauge boards are to be installed within the common property to indicate depth of floodwaters to residents and occupiers of the site in metres (AHD); f) the filling works undertaken for the raised building pads and access driveways shall be designed to prevent ponding within the proposed lots and on adjacent properties; g) all civil works within the site are to be certified by a Registered Professional Engineer of Queensland (RPEQ). Flood Emergency Management Plan 12. The Applicant is to notify all prospective purchasers of the proposed lots that the site is subject to flooding hazard and provide them with a copy of the Flood Emergency Management Plan (FEMP) dated 27 February 2020 prepared by Water Technology. 13. The FEMP (and associated procedures) must be complied with at all times. The Body Corporate and the owners of the proposed lots, including successive landowners, are responsible for implementing the FEMP. 14. All owners and occupiers of the proposed lots, including successive landowners, are to be provided with a copy of the FEMP (and procedures for the purposes of implementing the FEMP), for which the Body Corporate is responsible. 15. The Body Corporate is responsible for maintaining and providing suitable information packs/kits to all owners and occupiers of the proposed lots. The information packs must include details in relation to the flooding hazard, the FEMP and emergency flood procedures. A copy of the information packs/kits must be submitted to Council prior to the sealing of the survey plan. 16. The Applicant and the owners of the proposed lots are not permitted to undertake works within the proposed lots that would undermine the operation and implementation of the FEMP. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 17. Prior to sealing of the plan of survey, the Applicant is to install a flood height gauge and siren, between 0.5m and 0.75m AHD, at a suitable low point on the common property to indicate depth of flooding to residents and occupiers of the site as required by the FEMP. The gauge and siren will be installed to Bureau of Meteorology (BOM) specifications. This is to allow for site specific flood monitoring in conjunction with reviewing the BOM weather warnings consistent with the FEMP, in particular Table 3- 2. 18. The Body Corporate is responsible for the ongoing operation, management, maintenance (which includes replacement) and testing of the flood height gauge and siren (on an annual basis) and will enter into a contract with a suitable service contractor to maintain the flood height gauge and siren to BOM specifications. The Body Corporate is responsible for ensuring such maintenance contract is in force at all times. 19. The Body Corporate is responsible for advising all owners of the proposed lots of the requirement for a service contract and of funding arrangements associated with the ongoing operation, management and maintenance of the flood height gauge and siren required to be constructed within the common property. The Body Corporate is responsible for ensuring there are adequate funds at all times to operate, manage and maintain the flood height gauge and siren. 20. All dwellings must be constructed in accordance with the minimum floor level requirements, with the minimum habitable floor level above the probable maximum flood level of 3.43m (AHD). 21. The Body Corporate is responsible for the overall communication, implementation, and periodic update of the FEMP. A regular review of the FEMP shall be undertaken (at least once every two years), which is regarded as an essential part of the risk awareness-raising process. 22. The Body Corporate is responsible for ensuring that there is an active procedure for notifying the owners and occupiers of the proposed lots of the potential for a flood and a heavy rainfall event, and developing, maintaining and implementing emergency flood procedures, in accordance with the FEMP. 23. The Body Corporate is responsible for advising the owners and occupiers of the proposed lots that they are responsible for ensuring they have enough food, water, and medical supplies to shelter in place for a minimum of three days. External Road Works 24. Prior to sealing of the plan of survey, the Applicant is to upgrade part of Lake Weyba Drive fronting the proposed development and extending to the north as shown on the Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. 25. The new roadwork will achieve a minimum reduced level of RL 1.5m (AHD) when travelling to the north for approximately 23.2m, starting from the southern edge of the access driveway, as shown on the Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. 26. The roadwork will transition over a distance of approximately 11.3m to match the existing pavement to the south of the access driveway, as shown on the Plan of Development, Drawing No. 7623-SK100, Revision F prepared by TOD Engineers and Project Managers, dated 6 August 2020. RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL GENERAL COMMITTEE MEETING 17 AUGUST 2020 Bushfire Management Plan 27. The Applicant is required to prepare a Bushfire Management Plan (BMP) in accordance with Section 12 of the Joint Expert Report of bushfire experts prepared by Robert Janssen and Rob Friend dated 12 August 2019 (the JER) and revise Figure 4 “Bushfire Mitigation Plan” from the JER to reflect the amended lot layout. The BMP and Figure 4 is to be submitted with a development application for operational work. Council’s approval of the BMP must be obtained prior to sealing of the plan of survey. The BMP is to be prepared by a suitably qualified and experienced bushfire expert and shall include the following requirements. 28. At the time of registering the plan of survey, a covenant is to be registered on proposed Lots 1, 2 and 4 in Council’s favour generally in accordance with the draft covenant. 29. The approved BMP (and the bushfire mitigation measures for implementing the approved BMP) must be complied with at all times. 30. A fire trail will be established inside the perimeter of the Bushfire Protection Zone as shown on Figure 4. The design specifications for the fire trail are: a) minimum formed width of 4m (the access gate from the common property driveway must also provide this clearance); b) located inside a 6m wide vegetation clearing with minimum vertical clearance of 4m to overhanging tree branches; c) surface rating of 6.5 tonnes for rural fire-fighter appliances; d) all weather surface, e.g. gravel, concrete or bitumen, etc.; e) 6m wide by 8m deep turnaround bay near the northern end; and f) established as an access easement that is granted in favour of the Queensland Fire and Rescue Service and Noosa Shire Council. Ecological 31. The Applicant is required to prepare a Vegetation Management Plan (VMP). The VMP is to clearly identify the extent of all development works, and particularly trees to be retained and removed. The VMP is to be submitted with a development application for operational work. The VMP must be implemented prior to sealing of the plan of survey. The VMP is to be prepared by a suitably qualified and experienced ecologist and address the following:
Moved by Tom Wegener, seconded by Clare Stewart.
for 5 — Clare Stewart, Tom Wegener, Joe Jurisevic, Amelia Lorentson, Frank Wilkie
against 1 — Brian Stockwell
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