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00:00:00 Mayor Stewart: Good evening everyone. I declare the meeting open. I would like to acknowledge that we are meeting on the traditional land of the Kabi Kabi people and our parents, their elders, past, present and emerging. I note that everyone is in attendance. Do I have a mover for the confirmation of the minutes of the ordinary meeting held on the 21st of January? Thank you, Councillor Wilkie. Thank you, Councillor Jurisevic. All in favour? Carried unanimously. Thank you, Kylie. Can we have a mover for the confirmation of the minutes of the special meeting held on the 27th of January 2021? Thank you, Councillor Finzel. Thank you, Councillor Ryanston. All in favour? Unanimous. Thank you. And a mover for the confirmation of the minutes of the special meeting held on the 4th of February 2021? Unanimous. Thank you, Councillor Wilkie. Seconder, thank you, Councillor Wegener. All in favour? Unanimous. Thank you, Kylie.
00:01:00 Councillor Lorentson: Does anyone have any petitions? Yes, you have. I have a petition. Thank you. I'd like to present to the CEO. Excuse me. A petition requesting that Council bring forward the review of the provisions relating to short-term accommodation, tourism and housing supply from two years to 12 months. Mayor Stewart: I'll second that. Thank you. Thank you. Would you like to speak to that question? Councillor Lorentson: I'm just presenting the petition on behalf of a group in Sunshine Beach who are not happy. We've reviewed with the Noosa Plan 2020 and believe that amendments to the Noosa Plan in relation to short-term accommodation need to be reviewed with the intention of amending the plan.
00:02:00 Councillor Wilkie: Thank you. All in favour? Unanimous. Thank you. Council. Madam Mayor, I have a petition signed by 23 people, residents of Crank Street, and I'll read the essence of the petition. Those of us who call Crank Street home have become increasingly concerned by the speed of the cars that travel our street and by the often dangerous driving that many of us observe or who often please refer to the attached collection of petitions, signatures as evidence that our shared concern for the safety of residents and motives are like. There is consensus among us that chicanes will be preferable to speed bumps as the noise pollution that the latter generate is significant and avoidable if chicanes can be utilised. I'd like to move that this petition be received and referred to the Chief Executive Officer to determine the appropriate action.
00:03:00 Mayor Stewart: I'll have to second that. Thank you. Would you like to speak to that, Councillor? No, thank you Madam Mayor. All in favour? Unanimous. Thank you. There are no notified motions, no presentations and no deputations. That brings us to item 8, which is the consideration of the committee report. We start with the Planning and Environment Committee recommendations. We start with the Planning and Environment Committee recommendations. On page 4 of the agenda. Item 1 was referred to the General Committee. Item 2 was referred to the General Committee. Item 3 was referred to the General Committee. Item 4, Planning and Environment Court Appeal number D12 of 2021. Applications and extension to shop, hire and storage building at Jehe, 256 Giffey Terrace, Noosaville. Item 5, MCU 18 slash 0166. Planning and Environment Court Appeal number BD897. I'll be pardoned, that was referred to the General Committee. Item 6, draft Bushland Reserve Strategic Management Plans.
00:04:00 Item 7, Development Assessment Fees and Charges Variations for the 1st of July to the 31st of December 2020. Item 8, Planning Applications Decided by Delegated Authority Council. Councillor Wegener: I'll move the committee recommendation. Councillor Lorentson: I, Councillor Lorentson, inform the meeting that I have a declarable conflict of interest in this matter in relation to the applications by David Kaminski and Mark Bain as I have a personal relationship with both the Kaminski and Bain families. In relation to the application by David Kaminski, the Kaminski family are friends of mine and we have attended social events together and our children attended the same school. My husband plays sport regularly with the applicant. In relation to the applicant Mark Bain, the Bain family are friends of mine and we have attended social events together. Our children attended school together and they served together as part of the Noosa Ford Writers Club. During the 2020 election campaign, Mr Bain appeared in one of my campaign videos and agreed to one of my election signs being placed at the petrol station located on Giffey Terrace at which Mr Bain was the property landlord.
00:05:00 As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Item 9, Planning Applications Decided by Delegated Authority Council. Councillor Wegener: I, Councillor Lorentson, Cr Karen Finzel, Cr Karen Finzel, Cr Karen Finzel, Cr Karen Swinney, and Mr Bain are the parties involved in this matter. Councillor Wilkie: I, Councillor Lorentson, Cr Karen Finzel, Cr Karen Swinney, and Mr Bain are the parties involved in this matter. Mayor Stewart: Unanimous, thank you.
00:06:00 Can I have a move and a second of the adoption of the Planning and Environment Community Recommendations, certainly dealt with in my specific resolution. I'll move that. Thank you Councillor Stockwell, thank you Councillor Finzel. All in favour? Carried unanimously. That brings us to the Service and Organisation Committee Recommendations. These are on page 6 of the agenda. Item 1, 2 and 3 will refer to the General Committee. Item 4, Budget Engagement Process. Item 5, Noosa Holiday Parks Update, report to 31st December 2020. Item 6, Corporate Services Department Update. Second quarter, 2020 to 21. Item 7, Capital Programme Delivery Status, February 21. Item 8, Infrastructure Services Department Update. Second quarter, 2020 to 21. Item 9, Community Services Department Update. Second quarter, 2020 to 21.
00:07:00 Item 10, Executive Services Department Report. Second quarter, 2020 to 21. Item 11 was referred to the General Committee. Item 12, Operational Plan Progress Report. Second quarter, 2020 to 21. Move that. Councillor Jurisevic: So moved and objected. Mayor Stewart: Thank you Councillor Grissom. I'll second it, Madam Mayor. Thank you Councillor Grissom. All in favour? Carried unanimously. Next are the General Committee Recommendations on page 8. Development Application for Material Change of Use for Shop and Short-Term Accommodation at 13 Noosa Drive, Noosa Heads. Councillor Wegener: I, Councillor Wegener, inform the meeting that I have a declarable conflict of interest in this matter as I have a long-standing commercial arrangement with Noosa Longboards Surf Shop located in the Hastings Street Precinct, whereby I receive income and royalties for the sale of my surfboards. The tenant in the application before Council is a commercial competitor of Noosa Longboards and operates in the same precinct as the proposed development.
00:08:00 As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thank you, Councillor. Deputy Mayor Stockwell: I'll move the motion. Mayor Stewart: Thank you, Councillor Stockwell. I'll move the second. Thank you, Councillor Grissom. Deputy Mayor Stockwell: I'm actually going to speak to it. Because on Monday when we dealt with this, I saw the 1969 in the window of the rendering of the shop, and that's the year that Golden Breed, the shop, was built. Councillor Wegener: That's the year that Golden Breed, the shop, was built. Deputy Mayor Stockwell: The brand was established, and it's established in Councillor Wegener's home country in California, and it's the same year that Quicksilver and Rip Curl in Australia were founded. And I thought it was really interesting that I have a really sentimental attachment to that brand. And I looked at the development that was occurring behind the shop, which had a lot of timber, a lot of battening, and this little short stay accommodation on top of a shop as you come into Hastings Street, and the first impression, and it sort of said to me that the Golden
00:09:00 Breed story is the same as the Noosa story, is that association you get with the brand of what it is, and to keep it small, unique, natural, and, you know, with Golden Breed, it's all about surf attire. And so I wore my 30-year-old Golden Breed shirt, my first ever surf shirt was a Golden Breed shirt, because it was the cheapest, and it came with my first cool-out surfboard. And I think it's really important when we have little developments like this that we recognise that, you know, that's going to be the first impression a lot of people get as they come off Noosa Parade, is a little shop with a little holiday place above it. They won't get 10 or 20 storeys of high-rise, they'll get their first impression of Noosa will be something, building scale, and I think that's really important to acknowledge and thank the developer for their contribution to our streetscape. Mayor Stewart: Thank you, Councillor Stockwell. Anyone else like to speak? Would you like to close? Deputy Mayor Stockwell: I can't argue with anything anyone said.
00:10:00 Mayor Stewart: I'll put it in motion. I'll put it in motion to vote. All in favour? Unanimous. Thank you. Councillor Jurisevic: That'd be a first, Brian. Deputy Mayor Stockwell: I could argue with myself. Mayor Stewart: Thank you. Thank you. That brings us to item two, application for material change of use for short-term accommodation at 3 Robert Street, Noosaville, in Canterbury. Councillor Wegener: I'd like to make a motion to refuse the application. Councillor Wilkie: Could you perhaps read it out perhaps for a minute? I'll read it out. Councillor Wegener: That the proposed development is contrary to the overall outcomes of 2A, H and J and the performance outcomes PO6D of the medium density residential zone code as A, a significant number of properties in the area are already
00:11:00 being used for visitor accommodation and the proposal will result in the loss of a dwelling unit for use by permanent residents. B, the proposal has the potential to adversely impact on the residential amenity of the area. Two, the proposed development is contrary to overall outcomes 2E and F of the visitor accommodation code as the density of existing visitor accommodation is not compatible with the intent of the zone and the preferred character of the area and additional visitor accommodation will detract from the amenity enjoyed by the residents. And three, the proposed development is contrary to strategic outcome 3.3.3N for the area which seeks that neighborhoods of permanent housing are protected from short-term visitor accommodation. Now, my speech will be- Excuse me. Sorry. Councillor Finzel: We have a second. Thank you, Councillor.
00:12:00 Yeah. For the purpose of debate, I'll second the motion. Thank you, Councillor Finzel. Councillor Wharton. Councillor Wegener: I'll make it brief. My friends, I'm just going to read out the purpose and overall outcome, which is the major hoop here, which is 2. The overall outcomes sought for medium density residential zone are as follows. To A, medium density residential neighborhoods are predominantly home to permanent residents. Predominantly home to permanent residents. That is clear. And when you stand on Robert Street, you look around and it is no longer predominantly permanent residents. When you look at the site map, looking down at the medium density zone there, it is no longer predominantly home to permanent residents. It's clear. When I started law school, one of the first lessons that they gave was the concept of
00:13:00 res ipsa loquitur, which means the facts speak for themselves. And in this case, you look down at the medium density area, you stand on Robert Street and you look at it and the facts speak for themselves. It is no longer predominantly home to permanent residents. And that is the first hoop you jump through. Once you jump through this hoop, you can look at the rest of the town plan, all sorts of elements to it. But this is the first hoop. And if you don't make it through this, you don't go there. We have to refuse it. Thank you. Mayor Stewart: I have a question. Deputy Mayor Stockwell: There's a statement that said that purpose and overall outcome, 2A, in the medium density residential zone is the first hoop which this material change of use application has to jump through. I would have thought a material change of use application, in fact, has to be compared against the whole scheme if it's considered not to be in compliance with any specific aspect of
00:14:00 the code. Could you? Yes. Speaker 2: That's right. So it is an impact-accessible application, so the application is required to be assessed against the whole planning scheme. Is that it? Thank you all for joining us today and we hope that you will join us again next week to learn more about the plans and other codes in the scheme. So that's only one part of the scheme. Deputy Mayor Stockwell: And secondly, being aware that staff have recommended approval, Councillor Wegener has come up with some impressive grounds for refusal. In your opinion, are there sufficient grounds as outlined in this motion to warrant, within your assessment of the planning scheme, to warrant the refusal? Speaker 2: No. Officers have recommended approval. So we do not consider that these are sufficient reasons to refuse the application. Officers have concluded that the proposal is consistent with our planning scheme. It's what we intended to see in the residential medium density zone. Noosaville, Gympie Terrace are highlighted as our main tourist areas. It's intended that's where we accommodate our tourist accommodation.
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00:15:00 Deputy Mayor Stockwell: I will speak to myself. I think it's really important to understand this, is that it's a material change of use. It is guided both by codes and all the other aspects of the scheme, planning scheme going up, including the strategic intent. And the strategic intent, as I said on Monday, for a diverse and resilient economy, states quite clearly. Tourism is a key sector of the Noosa economy and will continue to be so into the future. Key visitor areas include Hastings Street, Gympie Terrace, Noosaville, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Cooroy, Co And Noosa River. It goes on. This MCU complies with the strategic intent of the Noosa Plan 2020. And it's also important to acknowledge that while Councillor Wegener, in his motion,
00:16:00 has a reference proposed development contract to overall outcomes 2, E and F, one should read the whole of 2. So there's a really important aspect of 2, and that's 2B, and that says the character of medium-density residential neighbourhoods varies due to factors such as proximity to beaches, the Noosa River, recreation spaces, centres, topography, availability of use, the established vegetative character, the presence of visitor accommodation and the age of development. That's part of the overall outcome for medium-density residential. This concept that you can pull out one and say that's the first and only one, and if it doesn't comply with that, the whole scheme goes out the door is an incorrect interpretation, in my opinion. I think it's really important to understand is that it is important to reflect the existing character and understand that the decisions made leading up to this point guide the decision we make now.
00:17:00 And it's clear for the history of Gympie Terrace and that old Noosaville that holiday homes have been part of the decision-making framework, and there's nothing in this scheme that says we should treat them differently now. When we talk about medium-density residential neighbourhoods, we're talking about medium-density residential neighbourhoods across the whole Shire, not in a tiny little microcosm around a particular development. And so if, Kylie, if you could bring up that image that I used on Monday, just to clarify this point. The fact that this is a place that has historically been used for tourism accommodation, including units and holiday houses, actually provides more support, not less support, for its approval. The motion in front of us says we've got enough, so we should keep it now for more residents. Now, if it was down Robert Street a few hundred metres, it may be something you'd argue, but I've just picked out from the information provided by staff those developments immediately
00:18:00 surrounding this site. One, 15 out of 15 have evidence of short-stay accommodation. Another one, seven out of 12, short-stay accommodation. Another one, two out of two across the road, eight out of 12. A bit further away, they're back, 19 out of 22, nine out of 12. It's really clear that the location where this approval sits is a location where there is a mix of residential and short-stay accommodation. And it's also quite clear from the correct interpretation there's, in my opinion, and what the officer has said, is that when you look at the planning scheme as a whole, that the staff recommendations for support is the way to go. And from my opinion, I won't ask this as a question, from my opinion, if we were to support this motion, it would achieve one thing. It would achieve investing in quite wasted resources to defend an appeal that I think
00:19:00 there is incredibly low chance of defending. And I don't want it to waste. I don't want it to waste ratepayers' resources. I do believe, when you look at that picture, that if this was in low density residential, we would be having a very different argument. Maybe even further down the street. But in this location, the staff recommendation is the only way to go. Mayor Stewart: Thank you. Dr, would anyone else like to speak to Councillor Wegener's submission? Councillor Wilkie: Look, I really commend Councillor Wegener for bringing this motion forward. Because what he's trying to do here reflects what we were trying to do, goes to the heart of, from my perspective, what we're trying to preserve with the Noosa planning scheme in regard to short-term accommodation. That is, preserve the integrity of our residential communities. Noosa is a community first, and also a visitor destination secondly, and an investor opportunity somewhere down the line after that.
00:20:00 You can have all three. But getting the mix right. That was a very important consideration. As has already been said, the intention was to limit short-term accommodation, regulate short-term accommodation, but limit it to the areas where traditionally, respect the areas where traditionally it has been occurring. That is, along the Noosa River foreshore, Gympie Terrace, for example, has always had holiday units there. And this reflects that. This application is for a property very... As part of that zone, as Councillor Stockwell pointed out, surrounded by similar sorts of uses. Had it been in the low density residential, that is the high plan we are absolutely trying to protect from further short-term accommodation. This goes to the issue of the affordability of accommodation as well. We need to preserve our housing stock for our residents and our workers. And we've got another piece of work coming on that.
00:21:00 There is undoubtedly some opportunity for refinements of short-term accommodation in relation to medium density zones. And when we come to doing the amendments mid-term, we can have a discussion around that. Have we got the mix right? But I agree with you. We do have to keep an eye out on being mindful of preserving residential communities and maintaining the heartland of Noosa. Which is our neighbourhoods for permanent residents, whether they be permanent residents renting or property owners. So thank you for doing that. But this area is zoned for medium density and also short-term accommodation is a consistent use here because it's traditionally where holiday units have occurred. But thank you for bringing the motion. Councillor Lorentson: Thank you, Councillor Wilkie. Mayor Stewart: Anyone else to speak? Councillor Gerson. Councillor Jurisevic: Yeah, look, I'll concur with the sentiments of Councillor Stockwell and Wilkie.
00:22:00 And I do commend Councillor Wegener for bringing the view forward. There were a number of local residents in that area that thought this needed attention, needed to be reviewed. But as the other councillors have alluded to, the planning scheme, as it stands, permits this type of development and commits this type of access to land use and the staff have acknowledged and supported the applicant with their support. Thank you. And I acknowledge the point of the plan and acceptance of the application. I too will be accepting it on the basis of the planning scheme. But I acknowledge the issues that have been brought up and the need for perhaps some refinement review of the planning scheme going forward. Councillor Wegener and the opportunities there for further debatement amendments are considered is one to look at that element of residential amenity and the amount of incursion upon residential
00:23:00 Residential areas with short-stay accommodation in areas predominantly residential in a medium density area. Thank you councillor. Mayor Stewart: I argued in 2020 that the new Noosa plan 2020 provisions on short-term accommodation would be Councillor Lorentson: problematic. I was concerned that the Noosa plan would create the land of the haves and have-nots or as the former president of the Law Society Bill Potts said at the time it would create a two-tier system and I was also concerned that significant changes in the Noosa plan were being made that would potentially impact on every resident in our Shire. I struggled with two homes next to each other one with forever rights existing use rights to short-term let and the other without. I struggled with pushing the problem of short-term accommodation into medium densities zonings and I understood that these inequities would cause noise and other nuisances. I also
00:24:00 highlighted the risk of litigation against council would be significant and against community interest and we are seeing this with superseded application. The risk of compensation for adverse planning scheme is making council approve requests for short-term accommodations in areas that are low residential zoning. I'm not saying that I was right because I got some things wrong especially in regards to regulation and I've shifted my position to accept that short-term accommodation needs to be regulated but I would like to point out that in my opinion the previous council's new Noosa plan also did not get it right in regards to the provisions relating to short-term accommodation. What encourages me is that we're all agreeing that the Noosa plan 2020 needs to be amended in provisions relating to short-term accommodation, tourism and affordability, and the social impacts on our community need to be reviewed sooner not later. What encourages me
00:25:00 also is that council is now undertaking data-driven evidence that will inform this policy. So as I did when I lost the vote against the new Noosa plan because of the provisions of short-term accommodation I accepted the decision of the majority to support the Noosa plan and today I'm doing the same. I'm supporting the Noosa plan and the staff recommendation. Thank you for that silence. Councillor Finzel: Councillor Weenger, I'm sorry I cannot support your amendment this evening because the recommendation before us does fit the requirements of the current new Noosa plan which I voted for when I came into council because
00:26:00 With Councillor Stockwell saying we need to pick a few more letters out under the purpose and overall outcomes, I'm going to go to item 6.32.2F. Development caters for both the current and projected demographic and socio-economic profile of the area, including one and two person households, households on low to moderate income and residents with reduced mobility. One of the things that's changed since this came into action is the fact that we have both COVID and housing affordability. So one of the things that we do need to definitely have a review on is the impact of a housing stock that does not provide affordable housing for those on moderate incomes, which is a purpose and overall outcome.
00:27:00 So I am looking forward to the review. I'm looking forward to perhaps looking at policy. Does that need to be revised? Redefined to look at how we bring a pointy end to the stick and provide equitable housing and outcomes for both our residents and our visitors. So I'm looking forward to moving forward to a point where we can put a review back to state with our recommendations. I think that the two year period is adequate because up to date, it's been six months probably before we've even had these things come before us. With the impacts of COVID and other things. So I'm happy that the staff is working forward, they're keeping good data analysis to speak back to the policy and back to the plan so that we can work hard on this together for our community. Noosa is, after all, different by nature. Thank you for listening. Mayor Stewart: Councillor Wynne, I too applaud you for bringing this motion.
00:28:00 I think we are all acutely aware and grappling at any hand that we can. For our workers, our people at risk, and just our general rate payers, we all know that we're at an absolute crisis when it comes to accommodation. So I really understand the meaning behind this, but this area is medium density, so it's not the position to do that. It's consistent with the planning scheme to have short-term letting, it's in one of our main tourist areas, and as Councillor Stockwell said, Hastings Street, the River Gympie Terrace, this is a stone's throw from there. And the Noosa plan, if we support that and we follow that, and the staff recommendation, it is consistent with the short-term letting. So I thank you for bringing the motion, but I can't support it tonight. Councillor Wegener: Well, thank you for humouring me, you guys, and responding with very, very clear, well-allocated replies.
00:29:00 But where are we going? Where are we going with this medium density, short-term stays going? We are going to go, where that red is on the map of medium density, will all be short-term stays. Who's the precedent, the more you, okay, the stronger the precedent. Deputy Mayor Stockwell: Point of order, Councillor Wegener. Councillor Wegener introducing new material into a close, which is not permissible by the standing orders. Mayor Stewart: Councillor Wegener, do you want to stick to the short-term? Speaker 1: Just explain. When you go to close the debate, what you're really doing is responding to what other councillors have talked about. Are you really talking back to or dealing with the arguments that have been put forward, not raising new arguments. They're really responding to the arguments that have been raised in the debate. That's the purpose of the closure. So it's your opportunity to tell them that they've got it all wrong.
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00:30:00 Councillor Wegener: Okay, well, buckle in. Thank you. Thank you. And Councillor Stockwell said, you know, it's a part of the plan. Economics is a part of the plan. Tourism is part of the plan. That's why we have to support short term stays in these medium density areas. And I think that's wrong. Residents are the key element of our economy. It's a key element of Noosa. That is the number one focus. I think by going down this route, we are we are putting business ahead of residents. Mayor Stewart: Thank you. You might put your motion for vote. Oh, that's me. Opposed? Councillor Lorentson, Stockwell, Finzel, Wilkie, Jurisevic, Stewart. Thank you. That motion is lost.
00:31:00 We might move to the original. Thank you, Councillor Stockwell. Deputy Mayor Stockwell: I'll move. Mayor Stewart: I'll second it. Thank you, Councillor Wilkie. Would you like to speak to this motion, Councillor Stockwell? Deputy Mayor Stockwell: I won't say much more. I wouldn't pinch all the words that Councillor Wegener wanted to say. It's quite true that in coming to implement the planning scheme, that staff and councillors are coming to grips whether we have enough within the provisions to allow us to clearly identify what areas, what medium density residential may be suitable for short term accommodation and if there are areas where they're not. I think we're all agreed that where there isn't a strong history of short term accommodation in areas across the Shire Zone, medium density residential, our preference is to retain those like the low density areas for medium density for permanent occupation. Sorry. This is not one of those sites from the very first,
00:32:00 workshop on the last planning scheme, it's always been my view that the areas close to Gympie Terrace and the river should retain their historic use as a mix of residents and tourism. Thank you. Mayor Stewart: Does anyone else like to speak to this question? Councillor Wilkie: We've already covered off on the importance of preserving neighbourhoods for permanent residents. The other reason we regulated through the planning scheme, short term accommodation, is that we don't want to lose any of those areas. So the very first task in implementing the short term accommodation was to manage the negative impacts and that is something we weren't able to do previously. And the benefit of applications coming through the planning scheme now is that we are able to apply limits and regulations that will limit negative impacts before we even have the local law. So there are aspects that we're considering in the local law that are able to be imposed on this particular short term accommodation property now,
00:33:00 that weren't available on the local law and we've not been able to do them yet. We've been able to be imposed on existing short-term accommodation properties. So the amenity issues that are flying from this particular property are arguably less than those associated with the existing properties there. And some of the limits imposed is the total number of guests that may be accommodated on the site, that the outdoor areas, including balconies, decks and pools, may not be used after 9pm, car parking must be on site, waste bins must not be out for more than 24 hours and the like. And we don't need the local law for those conditions to be imposed. But we're also looking forward to the local law coming in, which will take effect. We're looking at having a local law applied to all existing short-term accommodation across the Shire when that comes in later this year. Councillor Lorentson: Thank you, Councillor. Thank you. Can I speak to the motion?
00:34:00 Councillor Wegener: Just, again, I'm not very excited about this motion. One of the reasons is we're putting in these conditions and we're going to enforce these conditions upon them. But it appears to me we actually are not in the business of enforcing these sorts of conditions at this time. Eventually, there's going to be a local law that are going to be made. But we're yet to actually... create the engine that's going to enforce these regulations and these conditions. I worry about that situation where we're okaying things without the actual engine to follow through with these. I would much prefer to have a very organized approach to how we are going to enforce conditions and know what we're doing in council before we actually put the conditions on. And I think that we should do the same thing when we're looking at the new local laws. Thank you. Councillor Wilkie: Question.
00:35:00 Can I ask you... Do town planning staff have the capacity to enforce these conditions? Speaker 2: So this would be the second application that council approves, if they approve it tonight. So we've got a limited number that was approved. We have conditions. We have a practice of enforcing conditions on all development approvals. We haven't worked out fully our local law yet and how we will enforce that. But we have conditions on this approval and the one previously in Sunshine Beach that we will use our existing practices for enforcement of those conditions. Councillor Wilkie: Could you just... What does that involve? What are the mechanisms that you have and what penalties may apply? Speaker 2: So in the first instance, if there's a complaint about non-compliance with conditions, we would speak to the landowner about compliance with those conditions and ask them to comply. If there's no response or satisfactory response to that, we have the option of issuing an infringement notice and formal notices under the Planning Act
00:36:00 to bring about compliance. Councillor Jurisevic: And just further, how does that differ from the short-term accommodation that we currently have in the region that don't have to go... that haven't had to go through this planning submission process? Speaker 2: So under the previous planning scheme, there were no requirements in the planning scheme. So there was no conditions on any of the short-term compliance with conditions. There was nothing that Council could enforce in that respect. So our response in the past has been that they will have to contact the police to deal with the amenity issues. But under the conditions that officers have recommended, there's a range of conditions that officers will now be able to ask and hold that resident accountable to. Councillor Wilkie: So just to confirm, Council does have the machinery in place to enforce these conditions currently and that we'll be looking at further resourcing to enforce the conditions under the local law. That's a whole totally different process. Speaker 2: Absolutely.
00:37:00 We have a whole dedicated compliance officer that currently enforces all our development approval conditions and we are designing up what we're doing under the local law, which will be more expansive than what we're currently doing. Councillor Lorentson: And Kerry, can I ask, because of the significance of the impact that short-term accommodations having on this community, has Council designated extra resources and money into managing short-term accommodation? Speaker 2: Not currently, but there will be a report that officers are preparing for future meetings outlining the proposed local law and also outlining the resource implications and the costs of resourcing that to ensure where we are doing compliance. Councillor Lorentson: Under a material change of use, does that mean that Council has the authority to condition that a property perhaps be managed by either an owner
00:38:00 that resides locally or with a real estate or licensed agent? Speaker 2: We can't specify who actually manages it, but what the conditions do specifies, ask for a property or a contact person that lives within a short distance and that they have to respond within a certain timeframe. So it sets up a framework as to what the owner of this short-term accommodation will have to put in place to operate this short-term accommodation. But we couldn't actually specify that it had to be a real estate agent or the owner. It just says that a contact person is up to the owner to decide who that person is. Councillor Wegener: When push comes to shove and the owner of the short-stay accommodation, you say they're not actually complying and we give them
00:39:00 infringement notices, then we'll go into the next stage, which is collecting evidence, and that'll be one of the jobs of the enforcement officers? Speaker 2: Yes, yes. So currently, if there's an infringement notice, we would collect that evidence first before we issue the fine. So we have to have clear evidence of non-compliance, then we would issue the fine. That's currently carried out by my officers on a regular basis where needed. Councillor Wegener: In my opinion, that's going to be a very big job coming up. Deputy Mayor Stockwell: Point of order. Councillor Wegener' last contribution wasn't a question. He's already spoken to the motion. Councillor Lorentson: Sorry, Kelly. Just following through with Councillor Wegener' question, how do we present vexatious complaints, just a neighbour that just doesn't want short-term let property next door to him?
00:40:00 Speaker 2: That's something officers deal with daily because there are neighbourly disputes out there, so we do get complaints that aren't necessarily of a genuine nature about the use that's occurring. So officers are quite familiar and used to dealing with vexatious complaints and investigating it in a way to determine the actual truth of the matter of what's going on and determining whether there is a real compliance or breach going on on the side. Mayor Stewart: Thank you. Would anyone else like to speak to this motion? So far, Councillor Stockwell will be in We'll put it to a vote. I would. Deputy Mayor Stockwell: It's interesting, in closing the previous debate it was all about the effect of short-stay on rental and permanent occupation. And that's one aspect which is really important to try and get right. And in this debate what we focused on is the impact on amenity. And these are very big issues
00:41:00 for this community. And so, you know, if you had told me before the last election I'd be up here arguing with Councillor Wignert that I was approving and he was refusing a short stay, most people would have laughed. But it is a planning and development control application which needs to be considered against the scheme. The amenity conditions that are in here are strict and enforceable. The nature of this development will be such that, you know, we can't take into account the applicant but the nature of the development is such that it's likely to be used as a holiday home. And the conditions limit the number of people, the hours, the noise and all those other impacts which we couldn't do under the previous scheme. So yes, the risk of these sort of approvals is you create another location in the Shire where neighbours are at a negative impact. But what we've done
00:42:00 in conditioning this development so strictly is significantly reduce the potential for that to occur on this site and it also gives us significant enforcement opportunities through the Planning Act and issues that whether it's a fine or further action after that can be a significant disincentive to continue doing the wrong thing. So I'm happy that it's in the right location and the conditions are adequate to achieve the right outcomes for our local residents in the neighbourhood. Mayor Stewart: Thank you, Councillor Stockwell. We'll put the motion to a vote. All in favour? That's councillors Laurenston, Stockwell, Finzel, Wilpiedrus, Fitch and Stewart. Against? Councillor Wegener. Thank you. That motion is carried. Item three. Thank you, Kerry. Thank you, Thank you, Kerry. Other change, development, approval for material,
00:43:00 change of use, multiple powers in type three, retirement and special needs at 186 Scrawley Noosa Road and 4 Carramar Street, Tewantin. Item four. Planning and Environment Court appeal number BB 897 of 2020 refusal of an application for service and utility type three tower at 244 Tablelands Road, Cooran. Councillor Wegener. Councillor Wegener: Councillor Wegener, inform the meeting that I have a prescribed conflict of interest in this matter as I have an NBN tower located on my property and receive income from NBN via a lease agreement. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. In accordance with chapter 5B of the local government tax 2009. That's all. That's all. Councillor Jurisevic: Thank you. That's all. Councillor Finzel: I, Councillor Finzel,
00:44:00 inform the meeting that I have a declarable conflict of interest in this matter as prior to my election to Council, I signed a petition relating to this application. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Deputy Mayor Stockwell: In accordance with. No. I also wish to inform the meeting that I have a declarable conflict of interest in this matter as Bill and Christine Tainch, who are co-responders to this appeal, supported my 2020 election campaign by undertaking letterbox drops. As a result of my conflict of interest, I will now leave the meeting room while the matter is considered and voted on. Mayor Stewart: Thank you, Councillor Stockwell. I have a move of this motion please.
45 minutes in ¶
00:45:00 Councillor Wilkie: Councillor Dewar. Mayor Stewart: Thank you. Second. Councillor Hawkins. All in favour? Just a motion. Councillor Jurisevic: Oh, just that the matter has gone through due process and has reached a point where I think we can accept the outcome of the appeal process. Thank you. Mayor Stewart: Thank you. Anyone else like to speak to this motion on council advice? Councillor Wilkie: Just to reinforce the point Councillor Jurisevic made. Noosa Council has had success in court matters because it has never been a vexatious litigant. The advice here is that chances are limited. There's been mediation, extensive mediation and legal advice to settle and I'm accepting that advice. Mayor Stewart: Thank you councillor. We'll put the motion to a vote. All in favour? Unanimous. Thank you. Finally. Thank you. Councillor Fletcher. Thank you.
00:46:00 Mayor Stewart: That brings us to thank you councillors. Item five for the Draft bushland reserve strategic management plans. Item six, mobile library replacement plan. Item seven, commercial high use permits tender process. Item eight, Noosa Chamber of Commerce and Industry. Exemption request for the provision of alcohol for temporary events during COVID-19 pandemic. Item nine, tourism Noosa 2019-20 annual report. Item 10, Noosa community support cleaning tender assessment 2021 to T081. Item 10, Noosa, sorry, item 11, Go Noosa, bless you, Go Noosa peak period traffic management Easter 21. Item 12, debt policy review. Item 13, financial performance report January 2021. Councillor Wilkie: Move the recommendations. Mayor Stewart: Thank you councillor
00:47:00 for the second vote. All in favour? Unanimous. Thank you. We're on page 14. There are no reports directed to the ordinary meeting. There are no confidential items. There are no questions submitted for public question time. There are no