Ordinary Meeting - 17 December 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.
From the floor
People who addressed council at this meeting, from its minutes. The full register is at deputations.
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Brian O'Connor
1 BRIAN O’CONNOR Question 1: Noosa Council is part of a troika that is working with HQ Plantations on a $3.5 million conservation deal to convert 2400ha of Yurol Forest and Ringtail Forest, currently the site of plantation timber harvesting operations, into National Park; and so I ask what plans exist for the rehabilit…
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 December
- Minutes: council's 2020 archive, under 17 December
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 November 2020 be received and confirmed. Carried unanimously
The Minutes of the Ordinary Meeting held on 19 November 2020 be received and confirmed.
Moved by Karen Finzel, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Affordable Housing
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That Council note the Mayoral Minute provided to the Ordinary Meeting dated 17 December 2020, and: A. Request the CEO to review existing Noosa Council land as… Carried unanimously
That Council note the Mayoral Minute provided to the Ordinary Meeting dated 17 December 2020, and: A. Request the CEO to review existing Noosa Council land assets to determine if any such land would be appropriate for the development of social housing; B. Request the CEO to incorporate consideration of priority sector employee housing within the upcoming review of the Local Economic Plan; C. Request the CEO to bring forward a report to a future Council meeting identifying potential amendments to the planning scheme to accelerate the provision of suitable community housing; D. Council continue to negotiate with State and Local community housing providers in the development of an economically efficient model to achieve a mix of public, social and private affordable accommodation within community housing developments; and E. Council continue to work closely with State Member Sandy Bolton and her Housing Action Group.
Moved by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Planning Applications Decided by Delegated Authority
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That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on th… Carried unanimously
That Council note the declarable conflict of interest by Cr Stewart and determine that it is in the public interest that Cr Stewart participates and votes on this matter because Council believes that she does not have a close personal relationship with Mr Gillard and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Frank Wilkie, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting dated 8 December 2020 regarding planning appl… Carried unanimously
That Council note the report by the Development Assessment Manager to the Planning & Environment Committee Meeting dated 8 December 2020 regarding planning applications that have been decided by delegated authority.
Moved by Brian Stockwell, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
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That the report of the Planning & Environment Committee dated 8 December 2020 be received and the recommendations therein be adopted except where dealt with by … Carried unanimously
That the report of the Planning & Environment Committee dated 8 December 2020 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Noosa Holiday Parks Fees and Charges
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That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes o… Budget & finance Carried unanimously
That Council note the declarable conflict of interest by Cr Stockwell and determine that it is in the public interest that Cr Stockwell participates and votes on this matter because Council believes that Cr Stockwell’s role with the Noosa Sea Scouts currently does not have any involvement with the setting of campground fees or other campground activities and therefore a reasonable person would trust that the final decision is made in the public interest.
Moved by Joe Jurisevic, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
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That Council note the report by the Property Advisor – Commercial Property to the Services & Organisation Committee Meeting dated 8 December 2020 and: A. Set… Budget & finance Carried unanimously
That Council note the report by the Property Advisor – Commercial Property to the Services & Organisation Committee Meeting dated 8 December 2020 and: A. Set fees and charges for the Noosa Holiday Parks to align with the cessation of the end of the July 2022 Queensland school holidays; and B. Adopt the Proposed General Cost Recovery Fees and Commercial Charges schedule for Noosa Holiday Parks for the period ending Monday 11 July 2022 as detailed in the tables contained within the report.
Moved by Joe Jurisevic, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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That the report of the Services & Organisation Committee dated 8 December 2020 be received and the recommendations therein be adopted except where dealt with by… Budget & finance Carried unanimously
That the report of the Services & Organisation Committee dated 8 December 2020 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Joe Jurisevic, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0001 Development Application for Material Change of Use for Commercial Business Type 1 - Office, Multiple Housing Type 4 Conventional and Retail Business Type 2 - Shop & Salon at 6 - 10 Diamond Street, Cooroy
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That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 December 2020 regarding Application No. MCU19/00… motion Development Superseded
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 December 2020 regarding Application No. MCU19/0001 for a Development Permit for Material Change of Use for Commercial Business - Type 1 Office, Multiple Housing - Type 4 Conventional (4 small dwellings), Retail Business - Type 2 Shop & Salon situated at 6-10 Diamond Street, Cooroy and: A. Approve the application in accordance with the conditions contained in the Planning & Environment Committee Agenda with changes to conditions 5 and 42 and a new condition 63 to read as follows: 5. The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level except for the roof ridge of the small dwellings which must not exceed 8.35m above the natural ground level as shown on the approved plans. 42. Pedestrian and bicycle facilities must be provided within the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular: a. A minimum 1.5 metre wide and some covered pathways within the development site including a minimum of a 2m wide pathway connection to Diamond Lane generally in accordance with approved plans. b. Adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas, and clear demarcation by pavement marking, signposts or changes in surface materials or levels. c. Signage and lighting at strategic locations to direct people to building entries and public toilet facilities. d. A total of 11 bicycle parking spaces/racks and end of trip facilities complying with the applicable standards and The Noosa Plan 2016. Construction Management Plan 63. A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following: a. traffic management during all aspects of the construction phase including: i. a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction; ii. maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased; iii. proposed fencing to the site during the construction phase of the development; iv. approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads; and v. provision for worker car parking. b. maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures. c. works programme identifying key components of the works and their respective durations. d. establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues. e. a post out to the local residents and businesses prior to the pre-start meeting advising of the site contact details and the potential for off-site impacts during the developments construction. The post out must: i. include a copy of the architectural approved plans; ii. include plans that show any changes to the road network; iii. be distributed to all businesses and residences in the area bounded by: Opal Street; Kauri Street; Elm Street; and Pearl Street. Written confirmation of the post out must be submitted to Council a minimum of 5 days prior to the pre-start meeting. f. identification of complaint management procedures including: i. contact details for the on-site manager; ii. dispute resolution procedures. g. details on the location of external fill sites/sources, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense; h. It is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project. B. Find the following matters relevant to the assessment and sufficient reason to approve the application: 1. The previous infrastructure use has been abandoned and given the site is surrounded by business centre type uses, the mixed use development is a logical reuse of the land. 2. The proposed commercial, retail and residential uses are consistent with the surrounding zoning and land use pattern. 3. The proposed development is consistent with the Noosa Plan 2020, with the site now zoned District Centre. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Brian Stockwell, 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 condition 5 be amended to delete the words “except for the roof ridge of the small dwellings which must not exceed 8.35m above the natural ground level as … amendment Development · 3–3
That condition 5 be amended to delete the words “except for the roof ridge of the small dwellings which must not exceed 8.35m above the natural ground level as shown on the approved plans“ to read: 5. The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level.
Moved by Frank Wilkie, seconded by Karen Finzel.
for 3 — Tom Wegener, Karen Finzel, Frank Wilkie
against 3 — Brian Stockwell, Amelia Lorentson, Joe Jurisevic -
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 December 2020 regarding Application No. MCU19/00… Development Carried unanimously
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 December 2020 regarding Application No. MCU19/0001 for a Development Permit for Material Change of Use for Commercial Business - Type 1 Office, Multiple Housing - Type 4 Conventional (4 small dwellings), Retail Business - Type 2 Shop & Salon situated at 6-10 Diamond Street, Cooroy 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 prior to the use commencing, 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 DA02 E Proposed Site Plan, prepared by Verve 06.10.2020 Building Design Co DA03 D Building Elevations & Perspectives, prepared 06.10.2020 by Verve Building Design Co DA04 D Building Elevations & Perspectives, prepared 06.10.2020 by Verve Building Design Co DA05 D Building Elevations & Perspectives, prepared 06.10.2020 by Verve Building Design Co DA06 C Level 1 & Roof Plan, prepared by Verve 06.10.2020 Building Design Co 1854_SQMP Rev Proposed development at 6-10 Diamond St - 26.08.2019 0.doc Cooroy Stormwater Quality Management Plan, prepared by Callaghan and Toth Nature and Extent of Approved Use 3. The non-residential uses must not operate outside the hours of 7am to 10pm Monday to Sunday. Currency Period 4. The Currency Period for this development approval lapses if the use has not happened by 17 December 2026, unless an application to extend the currency period is approved by Council. Building Height 5. The maximum height of the development must not exceed 8 metres above the finished ground level and the natural ground level. 6. Certification must be submitted to Council from a Licensed Surveyor which certifies that the buildings do not exceed the maximum height requirement of this Decision Notice. Building Appearance 7. External finishes must be in accordance with that indicated on the approved plans. In this regard a colour palette (including roof and fence) must be submitted to Council for endorsement prior to the issue of an operational works approval. The colours must be muted environmental tones and reflect the character of Cooroy. 8. All air conditioning units and/or other mechanical equipment must be fully enclosed or screened such that they are not visible from the street frontages nor adjoining properties. 9. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures such as shutters, louvres, glass panelling or the like, except where required to satisfy any privacy condition of this Decision Notice or if shown on the approved plans. 10. Each tenancy along the Diamond Street frontage must provide a minimum of 50% fully transparent shopfront glazing to allow passive surveillance and encourage social interaction. 11. Any security screens to the front of the premises must consist of grille or translucent screens and not solid shutters, screens, or roller-doors. Weather Protection 12. Street awnings must be provided for the full frontage to Diamond Street, except for across the driveway, as shown on the approved plans. The awning must be designed to provide maximum continuous solar and rain protection and promote all weather activity but provide opportunities for street tree planting and landscaping. The width of the awning must be determined in consultation with the Manager Development Assessment prior to the issue of the operational works approval. Any posts must be located to the outer most point of the awning so as not to impede pedestrian traffic. Performance Bond 13. To secure the performance of all conditions of this approval, security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted to Council a minimum of 5 days prior to 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. Street Identification 14. 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 building name. Water & Sewer Connections 15. An underground connection to reticulated water and sewerage must be provided to the development site in accordance with the standards and requirements of Northern SEQ Distributor–Retailer Authority (Unitywater). 16. A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority (Unitywater) must be submitted to Council that certifies an underground connection to reticulated water and sewerage has been provided to the development site. Community Management Statement 17. Any proposed Community Management Statement required for the development pursuant to the Body Corporate and Community Management Act 1997 must be submitted to Council for endorsement at the same time as submission of the Building Format Plan (or similar) to Council for compliance assessment. LANDSCAPING 18. The development site must be landscaped. The works must be undertaken in accordance with an Operational Works approval and Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and must include in particular: a. Landscaping for the full length of both side and rear boundaries as shown on the approved plans. Shade trees must be included which grow to a minimum height of 8m at maturity and provided at 3m centres. The trees must have a minimum pot size of 45 litres. Understory planting must be provided between the shade trees to help screen the development and shade the car parking area. b. Two car parking spaces must be removed and replaced with landscaping. Two 45 litre shade trees per replaced car space must be provided. c. Each centre parking garden must be a minimum of 1.7m² and consist of 1 x 45 litre shade tree. d. Street trees - provision of 4 x 45 litre street trees evenly spaced to the western side of the driveway and 2 x 45 litre street trees to the eastern side of the driveway. The existing street tree on the eastern side of the driveway is in poor health and must be replaced. A plant schedule must be provided for operational works. 19. All landscape works must be established and maintained in accordance with the approved design for the life of the development, and in a manner that ensures healthy, sustained and vigorous plant growth. All plant material must be allowed to grow to full form and be refurbished when its life expectancy is reached. DEMOLITION Performance Bond 20. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 must be submitted to Council prior to the issue of a Development Permit for Building Works for demolition, to secure the demolition conditions of this approval. The cash bond or trading bank guarantee will be returned on performance of the demolition conditions of this approval less any costs incurred by Council in respect of enforcing performance of these demolition conditions. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions. Works 21. Demolition must be undertaken in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or odours) nuisance or any other emissions in accordance with the nuisance provisions of the Environmental Protection Act 1994. Waste management 22. A Waste Management Plan (demolition) must be submitted in accordance with Planning Scheme Policy 11 - Waste Management Plan and approved by Council’s Waste Coordinator prior to issue of a development permit for Building Works for demolition, removal or relocation. The purpose of the Waste Management Plan is to facilitate the segregation of waste for the effective reuse and recycling of such materials. Segregated wastes attract significantly reduced disposal fees at the landfill with some items free. Higher gate fees are charged for mixed waste. Waste storage areas must provide for adequate separation of all reusable, recyclable and waste materials. These must be located so that they are convenient and safe to use. The Plan must contain the following information: a. The areas for the storage and separation of waste shown on a site plan; b. A waste management table as indicated below is to be completed showing how waste material is to be segregated - recycled – reused or disposed; and c. Table – Waste Management Table MATERIALS ON-SITE DESTINATION Re-use and Recycling Disposal Expected waste Estimated On-site Off-site *specify materials volume(m³) *specify *specify contractor and proposed re- contractor and landfill site or use or on- recycling other disposal site recycling outlet site methods Excavation material Green waste Bricks Concrete Timber-please specify Plasterboard Metals - please specify Asbestos Other - please specify Note * If a demolition contractor is undertaking works, then the Waste Management table is to be completed by the demolition contractor. Damage to infrastructure 23. Any damage to footpaths, street plantings, natural vegetation/trees kerb and channel, bridges or roadways must be repaired or reinstated to at least pre-existing conditions. Vacant site 24. The site must be left clean and tidy free from debris such as concrete, wire, rubble, brick/s and the like. If the site remains vacant for more than 30 days the lot/s must be turfed or landscaped in accordance with Planning Scheme Policy PSP 3 – Landscaping Plants and Guidelines and to the satisfaction of Council so as to not
Moved by Brian Stockwell, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Tourism Noosa Exemption Request for the Provision of Alcohol for Temporary Events During COVID-19 Pandemic
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That Council note the report by the Property Manager to the General Committee Meeting dated 14 December 2020 and: A. Approve Tourism Noosa’s exemption reques… Carried unanimously
That Council note the report by the Property Manager to the General Committee Meeting dated 14 December 2020 and: A. Approve Tourism Noosa’s exemption request for the provision of alcohol at the Eat & Drink / Youngcare Long Lunch event and the Eat & Drink Sumptuous High Tea Soiree event; and B. Authorise the CEO to assess both temporary event applications once each application is properly made and Council has received all the required information to undertake its assessment in accordance with Council’s normal permit application and approval process.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
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That the report of the General Committee dated 14 December 2020 be received and the recommendations therein be adopted except where dealt with by separate resol… Carried unanimously
That the report of the General Committee dated 14 December 2020 be received and the recommendations therein be adopted except where dealt with by separate resolution.
Moved by Frank Wilkie, seconded by Clare Stewart.
Carried unanimously. The minutes do not name who voted which way.
- Kin Kin Quarry – Potential Legal Action
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That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 17 December 2020 and: A. Note the confidential legal advice in rela… Carried unanimously
That Council note the report by the Chief Executive Officer to the Ordinary Meeting dated 17 December 2020 and: A. Note the confidential legal advice in relation to the operation of the Kin Kin Quarry provided as Attachment 2 to the report; B. Authorise the Chief Executive Officer to initiate legal action in accordance with that advice and to work with Council’s legal advisers in gathering the necessary evidence prior to initiating that legal action.
Moved by Clare Stewart, seconded by Frank Wilkie.
Carried unanimously. The minutes do not name who voted which way.
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