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00:01:00 Mayor Stewart: Thank you. Thank you. Item three on the agenda, I have a mayoral minute which is on page three. I move that council note the mayoral minute provided to the ordinary meeting dated 17th of December 2020.
00:02:00 And A, request the CEO to review existing Noosa Council land assets to determine any such land would be appropriate as a development of social housing. B, request the CEO to incorporate consideration. Priority. C. Request the CEO to bring forward a report to a future Council meeting identifying potential amendments to the Planning Scheme to accelerate the revision 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. E. Council continue to work closely with State member Sandy Bolton and her Housing Action Group. This Mayoral Minute is intended to commence a process to look at what we can do as a Council to alleviate the problem of affordable housing in our community.
00:03:00 While affordable housing has been an issue in our Noosa community for years, it has recently been exacerbated by market forces leading to the current affordable housing crisis. As a Council, we need to take action to support our community and to deal with this issue. I am proposing a two-stage approach. The first stage seeks Council's approval to commence a process to look at what sites might be suitable for community housing developments and what changes might be required to our Planning Scheme to enable such community housing developments to proceed. This first stage also ensures that we consider affordable housing as part of our local economic plan review process as it is critical that housing is available for key workers in our Shire. The second stage will be for Council to consider specific sites identified for affordable housing. The third stage will be for Council to consider specific sites identified by staff and to consider what community housing models would be suitable for those sites. It will be critical for Council to ensure that any potential changes to our Planning Scheme or other policies are sufficiently robust to ensure that we get the outcomes we desire. For example, there is no point in providing additional development rights for a proposed affordable housing site.
00:04:00 There is no guarantee that affordable housing will be available in the long term for residents at that site. That is why it is also important that we liaise with relevant state and community housing providers such as Coast to Bay to ensure that the desired outcome for long-term affordable housing is achieved. This mayoral minute is intended to commence stage one of the process with Council staff to report back on opportunities for specific sites and what changes might be needed to our Planning Scheme to achieve the outcome we desire. At that time, we should also receive advice from staff about how we can ensure that any changes to the Planning Scheme will be achieved. We should also ensure that any changes to the Planning Scheme would require that property to be used for affordable housing in the long term, probably through a designated community housing provider. It is also important that Council continue to work closely with our local member, Sandy Bolton, who has established a local housing action group that is also working through this issue. This issue is also one that Sandy Bolton is passionate about and is doing good work with her housing action group.
00:05:00 As Mayor, I am a member of that housing action group. The State is a key player in the affordable and community housing sector and our pathway forward in this community will need State involvement. I won't go into what is set out. We all have the background and context in front of us, but we all recognise that we are a crisis point. COVID has made things even worse. There is very little available stock. We are hearing estimates anywhere from as many as 20 to as less than 7 available rentals at any one time under $500 in our Shire. We all recognise the importance of affordable housing and we must do something as a Council now to act. That is why I am proposing this mayoral minute and I hope you support me in it. Thank you. Councillor Wilkie: I fully support this mayoral minute. What I like particularly about it is that it does not perpetuate the lazy lie that by making more land available for housing, you are going to address the housing affordability crisis. It is a crisis. This report and this minute goes to some lengths to make it clear that the land made
00:06:00 available, the land will be made available and then the Council will be working in concert with community housing providers to provide affordable housing only. It is not about a greater supply of housing. It is about specifically providing opportunities for social housing. As the Mayor alluded to, we are in a perfect storm here. Noosa Council has long recognised the importance of affordable housing. 15 years ago this Council provided subsidised rentals to property owners who would provide subsidised rent to people. We are in a perfect storm at the moment with the increasing popularity of Noosa as a destination for residents as well as visitors and the rise of short term accommodation. I applaud the Mayor for bringing this action orientated motion before us in the form of a motion.
00:07:00 Councillor Finzel: Thank you Mayor. Thank you Mayor for bringing this to us tonight. I along with the other Councillors support this motion. It has never been a more important time for all of us to pull together all tiers of government, business and community to look at the housing stock and strengthen communities. Thank you. Councillor Lorentson: The issue of affordable housing has been a key theme for Noosa Shire since 2014 and is still now, six years later, a key theme. In November this year, at the Sunshine Coast Business Council Forum, speakers told the conference that our housing crisis was forcing local governments to confront the problem and take on the responsibility to supply land and engage with state and federal governments for funding or throughout planning and development processes. Research undertaken by our principal strategic planner and by Councillor Brian Stockwell identifies
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00:08:00 the role that we can play in facilitating and developing affordable housing in our Shire to meet community needs and encouraging construction of affordable housing. It's a major role that involves amongst other actions, it involves changes to our planning scheme. On this I would like to add that in this area we must act cautiously and with eyes wide open. Planning processes can have significant planning implications and affect the wider community. It's critical therefore that we ensure that any changes to our planning scheme achieves our desired outcome of affordable housing and it does not provide opportunities for more density or concessions on building heights to developers. Increasing housing prices and lack of rental accommodation in our Shire requires that we develop affordable housing strategies that is geared towards the need for housing for our key workers. Those in hospitality, those in healthcare support, retail, police, teachers, firefighters,
00:09:00 lifeguards and childcare workers. We refer to these workers as essential or key workers because they are employed in jobs that are essential to the functioning of this town. Without them, this town does not function. The Local Economic Plan identifies providing housing choices for our key workers to help key industry sectors as an aspiration. The Noosa Plan 2020 includes a strategic intent for housing to meet the diverse needs of the community. The scheme intends that the residents of Noosa Shire remain part of an inclusive community where diversity is valued. To do this, we require a diversity plan. We require a diversity of housing available at prices that can be afforded by households with low to moderate incomes. We need to take action and we need to support the community. Good intentions or aspirations are not enough. We must walk the equity talk because this problem is not going away.
00:10:00 In fact, it is expected to get worse. I am therefore committed and happy to supporting Mayor Stewart to start this process. Deputy Mayor Stockwell: I really appreciate the Mayor's leadership on this issue and bringing an issue that has been grappled with for years about how to address what is a significant issue for our Shire. I think item A is something that I have been fairly passionate about in the last couple of years. Identifying where this council can contribute to being part of the solution by gaining access to assets that otherwise lay dormant. I think it is really important that this may be just a small trigger that leads to larger investment by state government and to solutions for people who find it very difficult to find
00:11:00 appropriate accommodation. We must realise that social housing is no longer for the most marginalised. Recent conversation down the footy club, it was a mum who has brought up their children in Noosa and they just got engaged, they are looking at buying their first house. He is a mechanic, she is a nurse. They can't find anywhere north of Nambour. These are the economic implications of the current situation. It is that we need to encourage not just our own investment but the investment of the state to ensure that we have accommodation suitable for the workforce and so it is very appropriate to include the reference to the local economic plan. But that is not the only sector of the market. There is another large sector in our community which are single women over 50 that are currently finding it very difficult if they lose their current accommodation or if they need to downsize
00:12:00 to find a suitable house in this Shire. And it is also important to recognise that what we are looking at here is not the sort of public housing that I grew up in. I grew up in a whole suburb of public housing after a single mother, father ran away. She brought up three kids by herself and two of those kids after living in public housing in the 60s and 70s were millionaires in the 90s. I wasn't one of them unfortunately. But it brings to light the fact that our economy and our community is underpinned by having shelter. The highest level in Maslow's hierarchy of need is shelter and having housing underpins productivity. It underpins a lot of things that happen in this community and in all communities. And some might ask why do we have to amend the planning scheme only six months down the
00:13:00 track? Why? I can tell you why. We had a very deliberate strategy of the most cost effective mechanism to provide social housing. And that was a setting in our draft planning scheme that says on two large sites that 20% of houses and units built on those sites are required to go to social housing through the sort of cooperative mechanisms we're looking at here. The state government planners in their wisdom could not see that. They could not see how that met the state planning policy. In fact, they took the view of a developer centred approach to that assessment and wouldn't let us include it. So what we're now saying is we need to make more proactive steps to make sure what is zoned in the scheme is going to be for the provision of community housing. And I think that's really important. And I also have to pay tribute in terms of the last item on this.
00:14:00 This motion to the State Member Sandy Belton. She's the one who's been, in her normal way, vigorously conducting exercises to both get me involved and get others involved to bring the likes of Coaster Bay Housing Cooperative together and to start to formulate what might be the strategies to address what is a urgent need. And as we go into the season of goodwill, there can be nothing more pertinent in Christmas to say, this is what we think would add to our community. And I think the challenge for us as councillors is to ensure that this time next year, we actually bring the people long living in community housing to celebrate with us. Speaker 3: Thank you, councillors. Councillor Jurisevic: And I, too, support this motion. I think it's a wonderful initiative of the Mayor to try and further the work that the previous council did try to initiate through the planning scheme in the form of this.
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00:15:00 And I'll be very, very curious to see if we can find any more land assets, because that was one of the initiatives that was approached through the planning scheme to try and find every available parcel of land that we had left and paint it yellow so that we could develop these. Councillor Stockwell also alludes to the fact that we did have an initiative in our planning scheme that was rejected by the State. It's a shame the State rejected that, because it was, it did co-opt an increase in density, in two parts of significant land that are left in our Shire for development that could have been a partnership with that, through that developer opportunity there to provide some social needs housing desperately needed within our community. It's a shame that the State Government has dropped the ball on this. And it's great to see our local member has been pushing the thing there, because it is up to the States, as the Federal Government will allude to, that to provide social needs housing. But it's a shame that the Federal Government, through their COVID initiatives, didn't see
00:16:00 social needs housing as one area where they could have supported the building industry to provide funds, to provide that and support those most in need, particularly through this and after this COVID pandemic situation. Many will find financial stress in the years to come, and many will need further support than they've already been going. So the pressure on housing and housing affordability will only increase. I'll leave it there. I applaud the initiatives the Mayor has put forward here. And I look forward to progressing this further and providing Noosa as a safe haven, not only for those that can afford the wealthy and multi-million dollar developments at Sunshine Beach and in Noosa Heads, but for those that are less fortunate and that we need in our community to be able to thrive and survive. Thank you. Mayor Stewart: Thank you all for your support. I'd also like to acknowledge our principal, Strictly. Thank you. And thank you to our strategic planner in all the information that you see before you has been very
00:17:00 thoroughly researched by Rowena. We'd also like to thank Councillor Stockwell, who has been the champion of this issue for so long and who has come on this journey for so many years. And thank you for your support, Councillor Stockwell, behind the scenes, as well as tonight. We sat around this table two days ago and we had some core values that we all agreed upon. They were honesty, integrity, acting in the interest of social equity, and having the courage to act. Well, I think what we've just decided here tonight is, in fact, a credit and a testament to those principles. So thank you all for your support and let's see what we can do. I'll put the motion to a vote. All in favour? You know. That's then. Thank you. Item four on the agenda, petitions. Does anyone have any petitions? No. There are no notified motions, there are no presentations, and there are no deputations. That brings us to item eight, which is consideration of the committee reports.
00:18:00 This is on page 11 of our agenda. First up are the planning and environment committee recommendations. Item one was referred to the general committee. Item two was referred to the general committee. Item three, planning and environment committee recommendations. Item 2974, 2020, Application for Extension to Currency Period 6, Perrin Street, Corrigian Beach. Item 4, Planning Applications Decided by Delegated Authority. I, Councillor Stewart, inform the meeting that I have a declarable conflict of interest in this matter in relation to number 90PW18-0155.01 and the list of applications in the report. Mr Shannon Gillard was related to the applicant, CBD Settlers Co, PTY LTD and his wife Kate are friends of mine. Through our children, we socialise together intentionally. Although I have a declarable conflict of interest, I do not believe a reasonable person could have a perception of bias because I believe the nature of our relationship is not close and personal
00:19:00 and Councillor's consideration of this application is not to approve or reject it. It is only for noting the decision that has already been made by staff. Therefore, I will choose to remain in the meeting room. However, I will respect the decision of the meeting on whether I can remain and participate in the decision. Speaker 3: Councillor Stewart, just be aware that the Mayor's place. I have a conflict that she would stand down from chairing the meeting and the Deputy Mayor would then chair the meeting. So, I'll hand over to Councillor Wilkie. Councillor Wilkie: Thank you, Mr CEO. Look, I would like to move that Council note the declarable conflict of interest by Councillor Stewart and determine that it is in the public interest that Councillor Stewart participates and votes in this matter because Council believes she does not have... No, I... Um... ...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.
00:20:00 The other reason why... Can I have a second for that? Deputy Mayor Stockwell: Second. Councillor Wilkie: Thank you. So, the other reason why I'd like to move that is the nature of the decision that's before us here. This item is about planning applications already decided by delegated authority. Mayor Stewart has no say in whether they're approved or not. Indeed, none of us do. It's merely a report, a noting. Therefore, Councillor Stewart has no say on the matter and for the other reason about not having a close personal relationship with one of the applicants. Any other councillors wish to speak on the matter? I'll put the vote. Those in favour? Yes. Speaker 3: Let's carry. Now, move to the... Now, you can hand the chair back to Councillor Stewart who can now participate in the matter. Councillor Jurisevic: And deal with the matter. Speaker 3: And deal with the matter. And deal with the matter. And deal with the matter. Thank you. Mayor Stewart: Thank you. Item five. You have to move it separately. Move it. Deputy Mayor Stockwell: So, I'll move it. Mayor Stewart: Second. Thank you. All in favour? It matters. Thank you.
00:21:00 Item five. Noosa Council carbon footprint report 2019-2020. Do I have a mover and a seconder for the adoption of the P&E recommendations except we're dealt with by separate resolution? Thank you, Councillor Stockwell. Thank you, Councillor Stewart. All in favour? Carried unanimously. Thank you, Tyler. Next to the services and organisation committee recommendations. They begin on page 13 of the agenda. Item one. Deputy Mayor Stockwell: I wish to declare a... I wish to inform the meeting that I have a declarable conflict of interest in this matter as I am currently a leader with the Noosa Sea Scouts and have been for nearly 15 years. I currently do not hold an executive position with this organisation but have so for a number of years up until around April 2020. In the role of group leader, I have previously cleared an interest and left the room as Noosa Sea Scouts run a campground in Noosaville. However, I no longer have any involvement in the setting of campground fees for that organisation. Although I have a declarable conflict of interest, I do not believe a reasonable person
00:22:00 could have a perception of bias because I believe my interest in the organisation currently has no relationship with the running of the campground activities. Therefore, I will choose to remain in the meeting room and will respect the decision of the meeting on whether I can remain and participate in the decision. Councillor Jurisevic: Well, look, I'll move that it is in the public interest that Councillor Stockwell participates and votes on this matter because Councillor believes that Councillor Stockwell is a member of 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. Mayor Stewart: I've taken that. Anyone else like to speak on that? All in favour? Unanimous. Thank you. And we'll deal with item one separately. Do I have a minute for the reception? I'll move it, yeah. Thank you, Councillor Critch. All in favour? Unanimous. Thank you. Item two was referred to the General Committee. Item three, Organisational Structure.
00:23:00 Item four, 2020 Annual Disaster Management Report. Item five, Capital Programme Delivery Status November 2020. Councillor Jurisevic: So moved, Madam Chair. Mayor Stewart: Thank you. Thank you, Councillor Wilkie. All in favour? Carried unanimously. Thank you, Kylie. Next are the General Committee recommendations. They are on page 15 of the agenda. Item one, Development Application for Material Change of Use for Commercial Business, Office Model Housing, Type 4 Conventional and Retail Business Type 2 Shopping Salon at 6 slash 10 Diamond Street, Cooroy. I, Councillor Stewart, inform the meeting that I have prescribed conflict of interest in this matter as Peter Zipp, a Director of Crete Gold Pty Ltd, who donated to my election campaign in March 2020, has an interest in this application. Mr Zipp attended the pre-lodgement meeting on behalf of the applicant. As a result of my conflict of interest, I will now leave the meeting room while this matter is considered and voted on. Thank you. Thank you, Councillor Stewart.
00:24:00 Thank you. Thank you. Thank you. Thank you. Thank you. Councillor Wilkie: Thank you. Thank you. Deputy Mayor Stockwell: I suppose my question was in regard to the question that committee are regarding the height, you provided us with a diagram, I suppose we could see that diagram in just a, you haven't got it? Oh, okay. So, can you explain how much of the roof space in general terms is over the eight metres? Speaker 1: It's approximately 300 mil, so just the pitch of the roof, the top of the pitch, so a very minor part that exceeds the height limit. Deputy Mayor Stockwell: And while there is nothing that has been approved above eight metres in the surrounding area, this is within a commercial precinct, and as you say, it just affects the pitch of the roof.
00:25:00 Councillor Jurisevic: Point of order, Mr Chair, I'll just remind Councillor Stockwell that we stand to ask questions at the meeting. Deputy Mayor Stockwell: I stand corrected. I'm happy to move a motion. Councillor Jurisevic: I stand to move the motion. Deputy Mayor Stockwell: And this is the amended version that was provided by the manager of the trial, is that what we've got in front of us? So we have... Speaker 3: And I forget. My suggestion would be to read the changes. Yeah, you read out the individual changes on each of those sections so that people understand what the changes are from the agenda that's been proposed. Okay. Deputy Mayor Stockwell: So, and that changes in that, on condition five to read the maximum height of the development does not exceed eight metres above the finished ground level and the natural ground level, except for the roof ridge of the small dwellings, which must not exceed 8.3 metres above the natural ground level as shown on the approved plans.
00:26:00 And then, on condition 42, and these two were discussed at the general committee, in terms of pedestrian and bicycle facilities must be provided with the development, the works must be undertaken to cause the operational works approval and must include in particular, and the changes are, a, a minimum 1.5 metres wide and some covered pathways within the development site, including a minimum of two metre wide pathway connection to Donnelly Road, and a minimum of two metres wide pathway connection to Donnelly Road, and a minimum of two metres wide pathway connection to Donnelly Road, and a minimum of two metres wide between Enándar and Coronel Lane, generally in accordance with the approved plans. And in, a total of eleven bicycle spaces, racks or racks and end of trip facilities, complying with the applicable standards and on this plan 2016. And, oh, I should have put this one.
00:27:00 As a new condition, 63, in talent construction management plan, and it's three day preliminary construction management plan, must be submitted with a place within the pavement at which obstacle woah on the ground level and the slope, this is катamount to 1997. With the operational works application, I must address the following. A. Traffic management during all aspects of the construction phase, including 1. A traffic management control plan in accordance with the manual of uniformed traffic devices, detailing all temporary signs and traffic control measures prior to construction. 2. Maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased. 3. Proposed fencing to the site during the construction phase of the development. 4. Approval of the traffic management control plan by the Department of Transport and Main Roads for any works on state-controlled roads. 5. Provision for worker parking. And 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 programs identifying key components of the works and their respective durations. D. Establishment of a communication protocol with general public, adjoining owners,
00:28:00 emergency services and local businesses, to avoid some greed, construction dimes, impacts on traffic services and other relevant issues. E. A post of the local residents and business prior to the pre-start meeting, advising of the site contact details and potential for off-site impacts during the development construction. The post must include a copy of the architectural approved plans, include plans that show any changes to the road network, be distributed to all businesses and residents in the area bound by Opal Street, Kauri Street, Elm Street and Pearl Street, and a written confirmation of the post out must be submitted to a council a minimum of five days prior to pre-start meeting. Identification of complaint management procedures, including contact details for the on-site manager, dispute resolution procedures, G. Details of the location of external fill site sources, the haulage route type of vehicles to be utilised during filling operations and frequency of usage, noting well any damage of the existing road system is a fault of haulage operations and shall be fully repaired at the applicant's expense.
00:29:00 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. And Happy New Year. I'm not saying that. Councillor Wilkie: Question. Isn't this standard practice for the developments of this nature? Speaker 1: It is standard practice. What is new and was raised by Councillor Amelia at the general committee meeting was the proposal to make sure we inform residents and surrounding businesses of the proposed development but in particular the changes to the intersection of Diamond and Elm Street. So I think that's a very good suggestion and we're going to actually incorporate it in all our future requirements for the construction management plan.
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00:30:00 Councillor Wilkie: So those changes to traffic, management would not normally, residents would not normally be notified of that sort of thing? Speaker 1: No, previously that hasn't been the practice to ask developers to do that and I think it's a very good point. So we're certainly asking developers to the Shire Business Centre to do that but we haven't done that previously on other developments and I think it should be standard for all developments in the Shire. Councillor Jurisevic: Sorry, just to clarify, Kerry, you've mentioned the intersection of Diamond and Elm Street and I believe that the changes to the road infrastructure with medians and turning lanes is only on Diamond Street, not on the intersection, is that correct? Speaker 1: Yes, that's correct, it's a median in Diamond Street, that's right. Councillor Wilkie: Can we have a seconder for the motion, please? Can we have a seconder for Councillor Lorentson? Yes. Deputy Mayor Stockwell: I will leave any debate about that last small condition to Councillor Lorentson if she wants to further identify it.
00:31:00 The key change in terms of height, I've always been of the view that where we can meet the desired outcomes and in Cooroy that includes a vernacular style of architecture, pitched roofs and achieve an architectural design that contributes to streetscapes rather than detracts from it. I'm always happy to look at that. Small areas of deviation from the specific deliverables in terms of height. So a minor increase of the height to get a better pitch on the roof I think will actually improve the overall outcome for the development and how it looks from the street and from neighbouring properties rather than detract from it and that's why I've moved item five. And we talked on Monday in terms of the other change in relation to just ensuring that we can get a through connection across Diamond Lane into the other, the proposed development that is suitable for people who are both walking and riding bikes so it's likely a wider pathway than the previous condition suggests to match up the width of what we requested the developer on the other side of the lane.
00:32:00 Councillor Wilkie: Question, what proportion of the roof line is devised by the eight metre height maximum and what proportion infringes above that in terms of percentages if you can, the diagrams were presentable, it didn't give us the full picture. Speaker 1: Yeah. The diagrams were presentable, it didn't give us the full picture. Okay. This is approximate only but I would suggest 95 to 97% would be complied with the height so the building is, by the large majority of the bulk is under the height limit, it's just that very small pitch where the roof peaks. Councillor Wilkie: What could be the impact on the design if that also had to make the eight metre height limit, should it be a major, minor impact on the design? Speaker 1: Well, the officer has recommended that council impose a conditioning requiring compliance with the eight metre height limit. I guess it's my opinion to probably, I think roof pitch is important to have a significant roof pitch, particularly on larger scale buildings, it helps articulate the building better and so requiring it, allowing the 8.3 metres I don't think is that much of concern.
00:33:00 Okay. But if, equally if council wanted to ensure the development complied with the eight metres, I think it wouldn't have that much impact on the building either. Councillor Wilkie: I'd like to move a amendment that is as red but strikes out the lighting in red, except for the roof ridge of the small buildings, which much like to see that.
00:34:00 Councillor Jurisevic: I'm sorry, council. Wilkie, can I just clarify? You're seeking to delete the changes in that point raised by council stock line. Councillor Wilkie: What I'm seeking to do is to be sure that the height of the building does not exceed the eight metre height maximum. Speaker 3: We'll just get that wording up on the screen further. So, council, would you mind suggesting that you just read out the point, condition five. Councillor Wilkie: So, condition five. Read, to read, the maximum height of the development must not exceed eight metres above the finished ground level and the natural ground level. We need a seconder. May I have a seconder for that, please? Councillor Finzel: Yeah, come on, seconder. Oh, sorry. Councillor Wilkie: Thank you, seconder. Thank you, seconder. Councillors, I fully appreciate that this, allowing sections of the building to exceed the eight metre height limit.
00:35:00 Thank you, seconder. But what I'm concerned about is the discretionary manner in which councillors sometimes insist on an eight metre height limit. And on other occasions, it's a subjective call that, according to their opinions, but also other design objectives, would be, you know, sort of allow the planning scheme to be in that sense. For me, a height limit is one of the key points of the new planning scheme. I'm very reluctant to put in a condition that explicitly allows it on the basis of a councillor motion. I think it sends a confusing message to the community about when we will and when we won't allow height limits to be exceeded.
00:36:00 I'm not comfortable with it. And as we've been advised, it's not going to, it only applies to a small proportion of the roof. So the alternative, the opposite argument applies, that it's not going to be a great impost on the design to have it abide by the eight metre height limit. I'm just concerned about the message it would send to the wider community about when we will and when we will not abide by the eight metre height limit. And for me, it's something I get a lot of concern about from residents, about when buildings exceed the height limit. And there's a planning scheme, to many people, is not just a guideline. It is a contract with the community that what's in it will be abided by.
00:37:00 I know there's wriggle room in that. But that's the way I feel about it. You may feel differently. So I need to make that point. Deputy Mayor Stockwell: So if I could ask, firstly, the diagram that was provided earlier today. So those two areas there are the areas that go over. You can see it's on the residential component only and it's the peak. Now, Kylie. Two peaks. Two peaks. Could you go to the planning environment agenda and it is page 26 of 77.
00:38:00 And we can see those two peaks in the middle diagram there, the blue. You can see a dotted line. And you can see that the part that's over the height is the part that actually provides the articulation to the building. In the east and west elevations. So my question to the manager of development control is, is the eight metre height limit a rule? Or is it what we used to call an accepted solution? And in your opinion, would actually allowing that to go over still meet the desired outcomes for the zone and the locality? Speaker 3: That's a good question. Speaker 1: Yeah. So three years to share.
00:39:00 Sorry. Do you mind repeating the first one? Deputy Mayor Stockwell: The first one is, it's basically, to my recollection, the eight metres will be in the locality code on the right-hand column. Oh, yeah. That's it. Not on the left-hand column. Yep. And also that there will be desired outcomes above the table, which was said what we want to achieve in Cooroy. And in Cooroy, it will be about pitched roofs and high ceilings and matters that may lead to. Speaker 1: Yeah. Thank you. Thank you. Okay. So in the planning scheme, both the Noosa Plan 2006, which this application is lodged under, and in the Noosa Plan 2020, which is our current scheme, the eight metre height limit for Cooroy is a probable solution. So it's on the right-hand side. So what the scheme is actually asking for is an outcome. And the outcome is all about whether the height isn't keeping with the surrounding buildings and is out of character with the area. So that's the decision that we have to make today as to whether this increase in height, that small roof pitch, is out of character with the surrounding development in the street.
00:40:00 So when you look at the street in Diamond Street, there is a mix, but it's mostly very low rise. They're all well under the eight metres. Councillor Wilkie: Yeah. Can I ask a question then? Are there other developments in Cooroy where pitched roofs that have been achieved can still achieve, still abide by the eight metre height limit? Speaker 1: Most definitely. Yeah. There's a lot of developments in Cooroy and in the Shire that have all achieved a well-pitched roof and under the eight metre height limit. Councillor Jurisevic: I'll ask the obvious question. Have we approved development applications in the past that have minor infractions above the maximum height limit? And actually, have that recommended by staff in reports? Speaker 1: Yes, it is true. Time to time, officers will recommend a height variation to the height, mostly in response to site constraints.
00:41:00 So where you don't have a very flat site, it can be difficult to achieve the eight metres when measured from natural ground and finished ground level. So mostly in response to those site constraints. Councillor Wilkie: Well, one of the other reasons for allowing, having a flat site is that it's very difficult to achieve an exceedance of the maximum height. And in other cases, being that it would be in keeping with the size and scale of surrounding buildings, unlike this site. Speaker 1: Exactly. That would be another good reason for Council to vary the height, whether it's consistent with surrounding buildings. Councillor Jurisevic: Look, I'm not going to support the amendment. I actually favour Council Stockwell's solution. I don't think 0.35 metres for two minor roof pitches above the eight metre height limit is a good idea. It's a major indiscretion or something like that. I think it actually adds an element of character to the otherwise long and large and fairly bland roof line. It's in keeping with the character elements of Cooroy with regard to the rest of the development
00:42:00 there. And I'm quite prepared to see two minor roof pitches at 0.35 above the other section of roof be returned. Deputy Mayor Stockwell: Obviously, I moved to the original motion, so I won't be supporting the amendment. I think it's really important to understand that Noosa Plan is not a tick-the-box plan. It's about achieving design outcomes. And the design outcome in Cooroy is all about retaining architectural character. Now, it's true that this is at the edge of a business precedent. It previously was community use. If you take off the 8.3 and lower that pitch, it's not a significant problem to development, but it will make that building, in my opinion, bulkier.
00:43:00 It will, in my opinion, bring that down, if not below, to very close to that long ridge line. So there will be no articulation of the roof line. These are important architectural elements. I don't support variations where I think it's about trying to get more bulk, more scale. In this case, it's about getting a roof pitch that fits the scale of the building and does reflect the traditional vernacular form in Cooroy. The last time, and I think I've only done this once or twice, the last time was on a motel backpacker's establishment on Mary Street, where exactly the same issue came. And the final design, I believe, was improved by allowing a roof pitch that was slightly higher, but only had minor transgressions. So to me, while it's not a make or break, I think we have to be really clear what we're trying to achieve. And to me, the development as designed will better reflect the desired outcomes from the
00:44:00 Noosa plan than meeting an 8-metre pipe. Councillor Finzel: Councillor Stockwell, you just mentioned on several occasions it was your opinion. I'm interested to know what was the recommendation? The recommendation of the officers with regard to the pitch roof, given that you've just said that the design could go either way. Thank you. Speaker 1: Officers recommended that council impose a condition requiring the applicant to bring down the height to comply with the 8 metres. So it would mean a minor change, amendment to both plans to bring down the height. Councillor Finzel: So did I hear that right, that the staff recommended 8 metres? 8 metres. Thank you. Thank you. Thank you. Thank you. Councillor Lorentson: Thank you. I take on board Councillor Wilkie's comments, and I'm... I think this is a situation where we can do a little bit of wiggling. I think the variation is very minor, and I think when we look at the other considerations,
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00:45:00 which are social and economic benefits, cost benefits, of this development, I think they override... It makes more sense to go ahead with it. I note that the developer has made a lot of effort to maintain what's important to Cooroy with its design. The proposal was extensively reviewed by Council's external consultant architect, Noel Robinson and Peter Kahn. Can I ask, Kerry, what were their comments in reference to the additional height, building height? Speaker 1: Noel Robinson and Peter Kahn didn't see the final plans. They provided a lot of sketch plans for the applicant to make changes throughout the process, but they didn't make final comment on these plans for us.
00:46:00 Officers made the call that the plans that the applicant revised met those recommendations. Of Noel Robinson and Peter Kahn, but they didn't make comment on the height. Councillor Wegener: You know, this is, it's such a tight one. You know, we're talking about wiggle room and going one way, you know, seeing both sides. And so for my part, I go back to my principles, which is I don't want to override or go against the town plan unless there's an overwhelming public interest. And whether there's an overwhelming public interest in maintaining that line, I think it probably would look a little bit better, but I, you know, just run with my principles on this one. Point of motion. Councillor Wilkie: Question? No. Okay.
00:47:00 Council is, you're right, it is a lot what's called a minor in thinking. But for me, it is an issue of principle as well. I take the comments by Council on board that this development does offer social and economic benefits, and that's not denied. And if this proceeds with an 8-metre roof type, that will still be delivered. I take on board the officer's recommendation that a condition be opposed that the design reflect the 8-metre height limit. I also take on board. I'm mindful of that. I'm mindful of the advice that something above the 8-metre height limit would be out of keeping the surrounding building's height. There's nothing near the scope there. And that other pitched roof buildings can be built. You can still have great design principles, operate great design features that abide by the 8-metre height limit. It just requires a little bit more imagination.
00:48:00 You can have character and pitched roof by abiding by the height. And you can have a design that respects the traditional vernacular design that abides by the 8-metre height limit. Council, I urge you for the broader principles at stake and the fact that all these other design principles, economic, social and economic benefits can still flow from this development if it abides by the 8-metre height limit as per the staff's proposed intended recommendation. I'll put the amendment of those in favour. Councillor Finzel: Which one's the amendment? Councillor Wilkie: That's the one. I move. Yeah. I move. That's Councillor Wegener, Councillor Finzel, Councillor Wilkie. Who goes against? Councillor Stockwell, Councillor Lorentson, Councillor Jurisevic. It is my casting vote in favour of the amendment. So the amendment is carried. The amendment becomes a motion. I'll have a motion.
00:49:00 And according to the under-councillor's statement, the original amendment is carried. Councillor Stockwell's, so all other councillors still have the right to speak. Councillor Jurisevic: I think the other councillors have said this is a character development on a degraded site that has ceased the original uses that were intended on this site, which was the old Energex site. I think the outcomes here will be one that the community will benefit from and I fully support the application as presented. Particularly with the changes that are being made today. Councillor Wilkie: Councillor Morrison and Councillor Tom. Thank you. Thank you. Councillor Legner. Councillor Wegener: I'm very happy that Councillor Stockwell noticed there should be a bike pathway through there, because that's really, really important to open up that side of the property to Diamond
00:50:00 Lane. Councillor Wilkie: Councillor Lorentson. Thank you. Councillor Lorentson: Councillor Lorentson. Thank you. I support Council's recommendation to approve the application subject to the condition. I just want to note a couple of things. I want to commend the developer who worked with other developers to ensure that adjoining commercial developments avoided duplication of services to get the right mix. And I'm also satisfied that the proposal maintains what's important to Cooroy, which is its character, heritage and country feel. And just finally, for the developer who may be listening to this meeting, I hope that you adopt best practice energy efficiency measures across all your buildings, particularly the four small buildings, dwellings that may provide affordable housing and affordable living conditions to our residents. And I hope maybe that you join the movement in supermarket chains who are embracing sustainable initiatives, such as scooter and wheelchair charging stations, solar energy, food wastage
00:51:00 programs, green air conditioning and food refrigeration. Thank you. Councillor Wilkie: Thank you. I support the motion. I commend the motion of Councillor Stockwell for moving with the changes. And also Councillor Lorentson's inclusion there that the nearby adjacent residents be informed of changes to traffic. I think I'm surprised that that had not been a standard practice. And so thank you, Councillor Lorentson. And for pointing that out. And that's another reason why I support this motion. Councillor Stockwell. Thank you.
00:52:00 Deputy Mayor Stockwell: So I think, putting aside the detail we just discussed, it's really important to acknowledge what the staff have done to bring forward to us a development that, no doubt, not having seen the original one, is a vastly different development than what was originally proposed. And to that extent, I think the development that we've done in the past, I think it's really important for us as a developer for being willing to work with our staff and with our architectural advisors. Because what we have here will be an asset to Cooroy for probably 50 years, 70 years into the future. Absolutely. And it is something that starts to establish, like the last development that was approved around the corner, starts to establish a character that refreshes this side of town in the business centre. Okay. This is a development that now reflects what we wanted, the new plan, in that it will be more residential and residential, close to schools, close to public transport, close to shops. And this, done in a way that the scale, while it might be two storeys and a bit bigger than
00:53:00 adjoining houses, is still really a residential country town feel. I do think we really have to think, and this is maybe something we get to placemaking, that if we are serious about sustainable design, that increasing roof space, increasing ceiling height. Is essential to reducing reliance on air conditioning. So I will always look at designs like this, and if there is a need for minor variation, to get more roof space, get bigger pictures, to reflect the fundamental design principles of the Queenslander. And have 10 foot ceilings rather than 8 foot ceilings in units. I will always go back to the outcome, not to the acceptable solution or the probable solution. Thank you. But I think this will still be a great improvement and an asset to the town, and I recommend
00:54:00 it to all councillors. Councillor Wilkie: Thank you councillors, we will put the motion as a failure. That's unanimous. Motion carried. We have the Mayor back. Thank you. Thank you. Thank you. Thank you. Thank you. Councillor Wegener: Thank you. Councillor Wilkie: Thank you. Thank you. Deputy Mayor Stockwell: Thank you. Mayor Stewart: Thank you. Thank you.
00:55:00 Thank you. Councillor Jurisevic: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Councillor Wilkie: Thank you. Councillor Jurisevic: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Speaker 1: I'm happy to give them a call tomorrow and organise a time to meet. And I think meeting on site will be a good idea. Councillor Jurisevic: Much appreciated. Thank you. Mayor Stewart: Thank you. Thank you, Councillor. Item 3, debt refinancing investigation. Item 4, through the Noosa exemption request for provision of alcohol for temporary events during the COVID-19 pandemic. Correct. I, Councillor Stewart, inform the meeting that I have a prescribed conflict of interest in this matter as I'm a board director of Young Care, who are the beneficiary of the funds raised from the Young Care Long Lunch event for which tourism Noosa are applying for an exemption request.
00:56:00 As a result of my conflict of interest, I will leave the meeting room while this matter is considered and vote on it. Councillor Jurisevic: Thank you, Councillor Stewart. I'm sure you want to come to the meeting. This used to be me. Councillor Lorentson: I don't have as much hope. Deputy Mayor Stockwell: I'm happy to move. Thank you, Councillor Stockwell. I'm happy to speak. Councillor Wilkie: Seconded by Councillor Jurisevic. Do you wish to speak to the motion? All in favour? That's motion carried unanimously. Also a jack-in-the-box. Yes. Thank you. Thank you. Thank you. Mayor Stewart: Item 5 on page 17, Financial Performance Report November 2020. Item 6, Budget Review 2.
00:57:00 Councillor Wilkie: I'll move on to this recommendation. Mayor Stewart: Thank you, Councillor. I'll second it. All in favour? Carried unanimously. Thank you. Now we go back to the Ordinary Meeting Agenda, Item 9, page 18. There was a late report to the Ordinary Meeting. You have been provided with a copy. Item 1 on that is Kin Kin Quarry, Potential Legal Action. The attachment for this report is confidential. If any councillors wish to discuss that legal advice, we will need to move into confidential session. Does anyone wish to discuss the legal advice? No. Anyone like to? I'll move the recommendation by the CEO. I'll second it. Thank you. This is a good news piece of information. It's a positive step.
00:58:00 We're all very acutely aware of all the heartache and hardships that the, not just the Kin Kin community, but really so much of the hinterland has faced. We understand the toll it has had on the economy. The toll that it's taken on people's businesses, their livelihoods, on their health and wellbeing, and especially their mental health. We've had a round table. We've had Skypes, and we've had community meetings. We've all met face to face with so many of these residents, as well as receiving so much information and emails and feedback from them. The community, as we know, is at breaking point. We have all felt so helpless for so long. We've been stuck with what we have inherited. Cooroy have a licence to operate, and we can't stop that. It's a legal licence. But we can look to see what can be done through the courts to pursue actions against the Cooroy operators. I fully support this motion to authorise our CEO to initiate legal proceedings and to work with Council's legal advisers in gathering the necessary evidence prior to initiating that legal action. The legal advice that we have received from a pre-eminent Brisbane-based barrister detailing
00:59:00 its legal options over community impacts associated with the Kin Kin Cooroy is significant. While the advice identifies that the Cooroy has a legal right to operate, based on the legal advice proposed, it proposes that Council initiate proceedings in the Planning and Environmental Court. I understand that further discussions will be held with Council's legal team next week to ascertain the type of evidence required to progress the matter. Proceedings cannot commence until advisers establish the necessary evidence required to successfully pursue legal action, which could take between 8 to 12 weeks. We will seek the support of the community in gathering the necessary evidence. This legal advice comes as Council, as of two days ago, issued a further $27,000 in fines to Cornwall Resources for breaching traffic requirements at the Cooroy. It brings the total in fines to $54,000 for allegedly failing to maintain the necessary five-minute gap for trucks leaving the Cooroy. As I said, though, this is about the legal advice and I wholeheartedly support the recommendation
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01:00:00 of the CEO in this matter. Thank you. Councillor Wilkie: I fully support this motion. When the Cooroy was approved back in the 80s, I don't think anyone envisaged that there would be up to 200 trucks rumbling through the hinterland as there has been in recent months. We can only imagine how traumatic that's been for some people, what a disturbance it's been to their life. It's incumbent on us to do everything within our power to minimise the impact of those trucks and that quarry operation on the lives of the residents who have chosen to live out there. The Mayor seems to go to the round table working with the State Member, Department of Transport,
01:01:00 Police and doing everything they can in terms of monitoring and regulating the movement of the trucks. This legal advice hopefully will be another step towards minimising the impacts of that quarry on the community and it's something we absolutely must pursue. Leave no stone unturned. I support the motion. Thank you. Councillor Jurisevic: Question for the CEO. Mr. CEO, as always, legal action incurs a cost, but going before the Planning Environment Court offers opportunities for mediation. Is there an opportunity here to look at mediated solutions before having to undergo the full costs of entering into actions in the Planning Environment Court? Speaker 3: Yeah, there always is any dispute for the possibility of mediation. That can happen in two ways. One is that at or just prior to initiating proceedings, you let the other party know what you're going to do and see whether they come to the table. But even if that doesn't work, there is a mandated court mediation process once you issue proceedings.
01:02:00 Mediation is a sedimentary part of that process before you get to an affordable trial. Thank you. Councillor Finzel: I support this motion. I think things have fundamentally changed for us with impacts of COVID locally and globally. And I think it is time that we have to review and change our response, how we work together. And I think this shows a great allegiance back with the Hinterland community to support and recognise the impacts with the increase that no one did perceive when the Council first approved the quarry trucks. So even though that we are well aware that legal proceedings have already exceeded the budget for Council, we have got behind this to support our community.
01:03:00 And I thank you for bringing that to the table. Deputy Mayor Stockwell: There's lots of lessons from the background history that's been provided. Yeah. One of the lessons is that the state and probably local government planners around Queensland are going to have to learn what a key resource area is and what is reasonable to approve. Key resource areas identified as a state planning interest because they want to protect the long term assets in this time. Quarry material. Similar to good quality agricultural land. State planning interest, good quality agricultural land. But you're unlikely to approve an intensive horticulture or intensive animal industry on good quality agricultural land if it hasn't got the water or the irrigation to make the business sustainable. What we've got here is potentially a use that is extracting the key resource prior
01:04:00 to having the necessary networks to make that business sustainable. So this is about intensification of a use to beyond the capacity to sustainably support the level of extraction. It's important to understand that that's probably something that needs to be reflected when we do start reviewing plans across a broad issue, is to make sure there's triggers. That, yes, just because you've got a state interest, there is a need to have a state interest. The other thing that we, that looking at this history, what we learned is, yes, it was small in the 80s. There was a community led appeal against a decision of the Sunshine Coast Council.
01:05:00 And that was unsuccessful. At that time, as a member of the Noosa Biosphere, we actually, the Noosa Biosphere Association, the NBL, the environment group, we were supporting that community group. And that was unsuccessful. And then we had the lease given to one operator who did a quarry management plan. And when I read aspects of the quarry management plan, I think that operator understood that he was doing business in Kin Kin. He was trying to respect that he not only needed a planning licence, an environmental licence, he needed a social licence. So what's happened since that lease has changed hands? What's happened since then is the quarry has been operating at Kin Kin, but the business has lost its social licence to operate in Kin Kin and in the hinterland.
01:06:00 So yes, we are at a point where we have to potentially pursue legal action, but the lessee and the landowner should think long and hard. About what the lack of a social licence means in the long term to their business and to their investment. Councillor Jurisevic: Yeah, I can concur and follow on from those sorts of counsels, Stockwell. The element of social licence, there's one thing to have a key resource in a location like that. But it needs to have adequate and safe access to and from it for the level of operation it's going to undertake. And that's, I think, what the Kin Kin community have acknowledged, that it's well beyond that and it's causing safety and fear issues for the community at large. We've long advocated for the upgrade of Pomona Kin Kin Road. It's inadequate for the uses that are there. It's a dangerous range that has been patched up over years, but the state of the road as
01:07:00 it currently stands isn't facilitating the number of truck movements that are along here and that exacerbates the fear and the safety concerns for the community. I've driven down that range road. I've driven down that road. Followed a quarry truck down there and I haven't even been able to keep up with it at 100 kilometres an hour. So the safety concerns of that road are paramount in my mind, as well as the concerns of the community with regard to the number of movements. So I'm happy to support this. It's a challenging means and ways, but I'm hoping that through mediation and negotiation before having to undergo court proceedings, we may be able to come up with a more sustainable road. So I'm happy to support that plan and operating arrangements for the operator to continue to operate, as he has the right to, but also to alleviate the concerns of the community with regard to safety on that road. Speaker 3: Thank you.
01:08:00 Councillor Lorentson: I'd like to thank the Hinterland community for putting this matter on Council's agenda. Sixty-nine trucks in and sixty-nine trucks out every day, and close to, some days, 250 movements. This is outrageous. We've watched the footage, we've heard all the stories, and we've experienced your fear first-hand, and we support you. Your community's been decimated and we will not stand for it. We stand united with you and we stand in action to protect your right to be safe. I fully support this motion. Thank you. Mayor Stewart: It's all been said. Motion carried. All in favour? Unanimous. Thank you. We have two questions for public question time from Mr Brian O'Connor. Our CEO, Brett de Chastel, will read out Mr O'Connor's questions and respond, then he is the CEO.
01:09:00 Speaker 2: Thank you, Mayor. So, one of our regular contributors, Brian O'Connor, has sent in two questions, which are on the agenda. I'll just read the first one out. This is Brian's question. Noosa Council is part of a troika that is working with HQ Plantations on a $3.5 million conservation deal to convert 2,400 hectares of Ural Forest and Ringtail Forest, currently the site of plantation timber harvesting operations, into National Park. And so I ask, what plans exist for the rehabilitation of cleared areas of forest either side of Ural Forest Drive between Pomona and Cooroy? Will these lands become replanted koala habitat? Or will they form part of the Noosa Trails Master Plan Upgrade Proposal? So Brian, the response, and I'll just mention that we'll send a copy of this response in writing to you as well, so you'll have it for posterity. So the response is, as you have pointed out in your question, this land will become National Park once the existing pine forest and some hardwood areas have had their final harvesting
01:10:00 completed. As such, the land will be protected for future generations for their enjoyment and use. There are over 23 protected and endangered species in this area, including the iconic koala. As you are aware, part of the Noosa Trail already passes through this land, and the Noosa Trail Master Plan envisages that this will continue. All of our discussions with Queensland Parks and Wildlife Service has indicated support for those trails to continue to be used for the proposed National Park area, both in the short and long term. That's the answer to questions from the audience. Question one, Brian. The question two from Brian is, has Noosa Council given thought to using the opportunity of converting Ural State Forest and Ringtail State Forest into National Park to reserve a small parcel of that land for affordable housing for Indigenous First Nations people whose ancestors walked that land and whose descendants today have traditional ownership
01:11:00 heritage and a lasting and ongoing relationship with these forests? So Brian, the response is, no. There's no current plans to excise any of the land for housing. Under the existing agreements, all of the land will be converted into National Park over the next three to seven years. However, we have been working closely with the local Kabi Kabi leaders on this project over the last 18 months. This includes looking at opportunities to engage with the Kabi Kabi on regeneration activities, fire management, and cultural heritage site reviews. The Kabi Kabi are very supportive of this project. And are keen to be involved in the next stages of the project. All parties to the existing agreements are also supportive of the Kabi Kabi being involved in future stages of this project. So that's the response, Brian. And as I said, we'll post those edits out to you as well. Mayor Stewart: Thank you, Mr. CEO.
01:12:00 That brings us to almost the end. The next meeting, or the ordinary meeting, will be held on the 21st of January, 2021. And before I declare this meeting closed, I'd like to thank our Director of Infrastructure, Carl Billingham, for all of his hard work. So thank you very much, Carl. We're very sorry to see you go. And we'd all like to say... Merry Christmas! Merry Christmas! Councillor Wegener: Merry Christmas! Merry Christmas! Mayor Stewart: Merry Christmas! Merry Christmas! Councillor Wegener: Merry Christmas!