General Committee Meeting - 14 June 2021
This meeting predates council's current meetings system, which begins in April 2023, so there is no agenda here with each item cued to the video. What follows is what the record holds: council's papers, the recording, and the decisions its minutes record.
Papers
Council keeps papers from before April 2023 on a separate archive page for each year, listed by meeting date. The files stay on council's site — why.
- Agenda: council's 2021 archive, under 14 June
- Minutes: council's 2021 archive, under 14 June
Recording
- Recording on council's YouTube channel © Noosa Shire Council
Decisions
Every decision the minutes record, in the order minuted. Where a division was called the names are on the contested votes register; otherwise the minutes say only whether it carried.
- Confirmation of Minutes
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The Minutes of the General Committee Meeting held on 17 June 2021 be received and confirmed. committee resolution Carried unanimously
The Minutes of the General Committee Meeting held on 17 June 2021 be received and confirmed.
Moved by Karen Finzel, seconded by Brian Stockwell.
Carried unanimously. The minutes do not name who voted which way.
- MCU20/0155 - Application for Material Change of Use for Short Term Accommodation at 75 Williams Road, Kin Kin
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That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 … motion Development Superseded
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 for a Development Permit for Material Change of Use - Short-term accommodation situated at 75 Williams Rd, Kin Kin and: A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. The approved use must not commence until a building approval has been obtained for all works carried out to the dwelling and for any additional outbuildings. 2. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 3. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date - - 75 Willams Road Kin Kin Submitted to Council 15.12.2020 Currency 4. This development approval lapses if the use has not happened by 17 June 2027, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 5. The total number of bedrooms on the site must not exceed 4. 6. No more than 8 guests may occupy the premises at any time. 7. All outdoor areas, including balconies, decks, pool and the like, must 7.1 not be used after 10pm each night. Condition 7.1 shall apply for 12 months after the commencement of the use, unless further extended by Council in writing. After that time if not extended by Council in writing, condition 7.2 shall apply. 7.2 not be used after 9pm each night. 8. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site. Amenity 9. The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance. Car Parking 10. Existing car parking on site, must be maintained and kept available for users of the short term accommodation. 11. All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times. Waste Management 12. Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. 13. Waste containers must: a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition. b. Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and c. Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container. Contact Person 14. Prior to the commencement of the use written confirmation must be provided to Council confirming: a. the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and b. that the contact person is available 24 hours a day, 7 days a week; and c. that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and d. that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries. 15. A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times. Code of Conduct 16. A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation. 17. The code of conduct must advise all users of the premises: a. That the use of the premises must not: i. detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or ii. cause a nuisance (including a noise nuisance); iii. display unacceptable behavior including: a. loud aggressive behaviour; b. yelling, screaming, arguing; or c. excessively loud cheering, clapping and singing. iv. create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise). b. That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility. c. That each vehicle used by a user of the premises must: i. be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and ii. be parked within the parking facilities at the premises where provided. d. That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container. e. That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition. f. That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance). g. The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of this development approval. 18. The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests. Complaints Management 19. The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time. 20. The contact person must respond to all complaints within 30 minutes of notification of a complaint. 21. The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following: a. on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis: i. the number of adults who are users of the premises; and ii. the number of minors, an individual who is under 18, who are users of the premises. b. the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended. 22. The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of: i. the written record of complaints referred to in condition 18; and ii. the register referred to in condition 20 B. Advise the applicant that an application for building works for the unapproved building works to the dwelling must be lodged within 60 days of the date of this approval. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Amelia Lorentson, seconded by Karen Finzel.
The minutes record no vote on this motion: they go straight on to the amendment that followed, below.
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That an additional condition be added to read: 23. Environmental weeds in the Biodiversity overlay area and within 10m either side of the mapped secondary wat… amendment Development Carried · 5–1
That an additional condition be added to read: 23. Environmental weeds in the Biodiversity overlay area and within 10m either side of the mapped secondary waterway must be controlled by an active management program to the reasonable satisfaction of Council. A weed control management plan must be lodged with Council for review.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
for 5 — Brian Stockwell, Tom Wegener, Joe Jurisevic, Karen Finzel, Frank Wilkie
against 1 — Amelia Lorentson -
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 … committee recommendation Development Carried unanimously
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. MCU20/0155 for a Development Permit for Material Change of Use - Short-term accommodation situated at 75 Williams Rd, Kin Kin and: A. Approve the application in accordance with the following conditions: PLANNING When Conditions must be Complied With 1. The approved use must not commence until a building approval has been obtained for all works carried out to the dwelling and for any additional outbuildings. 2. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues. Approved Plans 3. Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date - - 75 Willams Road Kin Kin Submitted to Council 15.12.2020 Currency 4. This development approval lapses if the use has not happened by 17 June 2027, unless an application to extend the currency period is approved by Council. Nature and Extent of Approved Use 5. The total number of bedrooms on the site must not exceed 4. 6. No more than 8 guests may occupy the premises at any time. 7. All outdoor areas, including balconies, decks, pool and the like, must 7.1 not be used after 10pm each night. Condition 7.1 shall apply for 12 months after the commencement of the use, unless further extended by Council in writing. After that time if not extended by Council in writing, condition 7.2 shall apply. 7.2 not be used after 9pm each night. 8. The premises must not be used as a party house, with no events, functions or parties (e.g. bucks parties, hen’s parties, raves, or wedding receptions for example) permitted on site. Amenity 9. The operation of the approved use must not detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding residents or cause a nuisance, including a noise nuisance. Car Parking 10. Existing car parking on site, must be maintained and kept available for users of the short term accommodation. 11. All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times. Waste Management 12. Waste storage and disposal facilities must be provided in accordance with Planning Scheme Policy 9, Waste Management, including an external imperviously paved area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. 13. Waste containers must: a. At all times be regularly cleaned and maintained in a clean, tidy, sanitary and hygienic condition. b. Be placed on the kerb side frontage of the premises, for the collection of general waste from the container; and c. Not be placed on the kerb side frontage for longer than 24 hours before or after the scheduled collection day for the collection of waste in the container. Contact Person 14. Prior to the commencement of the use written confirmation must be provided to Council confirming: a. the name and telephone number of the contact person (which may include the name and contact details of an individual, letting agency, property manager, security firm or the like) for the purposes of the operation of the short stay letting at the premises; and b. that the contact person is available 24 hours a day, 7 days a week; and c. that the contact person resides within 20 minutes travel time (by vehicle) of the premises; and d. that the contact person is to be responsible for the supervision and management of the premises, including addressing complaints about the use of the premises for short stay letting and visitor queries. 15. A sign must prominently and permanently display in letters and numbers not less than 50mm in height, a current up to date written notice detailing the contact person’s phone number, and a statement that the contact person is responsible for the supervision and maintenance of the premises. The sign must not exceed 0.2m2, be displayed at the front of the premises and be visible to members of the public at all times. Code of Conduct 16. A code of conduct must be developed and provided to all users and occupants of the short term accommodation, including any website or social media used to promote the use of the premises for short term accommodation. 17. The code of conduct must advise all users of the premises: a. That the use of the premises must not: i. detrimentally affect the residential amenity (including but not limited to noise, overlooking, light spill or odour) enjoyed by residents in the vicinity of the premises; or ii. cause a nuisance (including a noise nuisance); iii. display unacceptable behavior including: a. loud aggressive behaviour; b. yelling, screaming, arguing; or c. excessively loud cheering, clapping and singing. iv. create a level of noise above the acceptable levels described by Queensland Government legislation for environmental protection (noise). b. That a user of the premises must not sleep or camp on the premises in a tent, caravan, campervan or similar facility. c. That each vehicle used by a user of the premises must: i. be stored in a manner that does not cause a nuisance or inconvenience to adjoining premises; and ii. be parked within the parking facilities at the premises where provided. d. That each user of the premises must store general waste (including the separation of recyclable waste) produced as a result of the ordinary use or occupation of the premises in a waste container. e. That each user of the premises must ensure that the premises, including the grounds of the premises, are kept in a safe and tidy condition. f. That pets occupying the premises must be managed and not cause a nuisance (including a noise nuisance). g. The nature and extent of the approved use as detailed in conditions numbers 5 to 8 of this development approval. 18. The Code of Conduct must be displayed in a prominent location at the premises so that it can be viewed by guests. Complaints Management 19. The contact person must maintain a record of all complaints received, identifying how each complaint has been resolved or addressed within a reasonable time. 20. The contact person must respond to all complaints within 30 minutes of notification of a complaint. 21. The contact person, must keep and maintain a register of the use of the premises for short stay letting or home hosted accommodation, and record in the register, each of the following: a. on each occasion on which the premises are used, or occupied, for short stay letting or home hosted accommodation on a commercial basis: i. the number of adults who are users of the premises; and ii. the number of minors, an individual who is under 18, who are users of the premises. b. the dates when each person’s use, or occupation, of the premises for short stay letting or home hosted accommodation began and ended. 22. The contact person, must make available, for inspection by Council, within 5 business days of receipt of a written request given at any time, each of: i. the written record of complaints referred to in condition 18; and ii. the register referred to in condition 20 23. Environmental weeds in the Biodiversity overlay area and within 10m either side of the mapped secondary waterway must be controlled by an active management program to the reasonable satisfaction of Council. A weed control management plan must be lodged with Council for review. B. Advise the applicant that an application for building works for the unapproved building works to the dwelling must be lodged within 60 days of the date of this approval. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Amelia Lorentson, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
- RAL20/0019 – Application for Reconfiguration of a Lot (1 Lot into 2 Lots) and Creation of an Access Easement at 23 Jirimma Crescent, Cooroibah
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That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. RAL20/0019 … committee recommendation Development Carried unanimously
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Application No. RAL20/0019 for a Development Permit for Reconfiguring a Lot (1 into 2 lots), situated at 23 Jirrima Crescent, Cooroibah and: request staff to prepare a further report for the Ordinary meeting dated 17 June 2021 including conditions for approval of the application. A. Refuse the application for the following reasons: 1. The proposal is not consistent with the 8.2.2.2 (1), (2)(a), (b), (c), (d), (e), (f), (g) and (i), Acceptable Outcomes AO6.1, AO6.2 and PO6 of the Biodiversity, Waterways and Wetlands Overlay as: a. The proposal results in development within the Riparian Buffer Area, with the proposed lot boundaries traversing the buffer area. b. The proposal seeks to enhance, rehabilitate and protect only part of the identified Riparian Buffer Area. c. The proposed development increases the scale and intensity of development within and adjacent to an ecologically important area which has the potential to adversely impact on the site’s ecological values. d. The proposal has the potential to result in additional clearing of vegetation in the Riparian Buffer Area due to the vegetation clearing exemptions permitted by the Planning Regulation 2017 and the planning scheme for lot boundaries and fencing. 2. The proposal is not consistent with 9.5.1.2 (1) (d) and (e) and Overall Outcomes 2(b),(c), Acceptable Outcome AO7.5, AO7.7 and AO7.9 and Performance Outcome PO7 of the Reconfiguring a Lot Code as: a. The development does not provide for a lot layout that is responsive to the natural environmental values present on the site. b. The proposed lot boundaries traverse ecologically important areas and ecological linkages. c. The proposed environmental covenant area is only proposed over part of the Riparian Buffer area and will not provide suitable protection to this ecologically important area. B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Noosa Bushland Reserve Strategic Management Plan
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That Council note the report by the Technical Officer – Natural Areas to the Planning & Environment Committee Meeting dated 8 June 2021 and defer consideration … committee recommendation Carried unanimously
That Council note the report by the Technical Officer – Natural Areas to the Planning & Environment Committee Meeting dated 8 June 2021 and defer consideration of the matter to the Ordinary meeting on 17 June 2021 to allow staff to present a further report addressing the mechanisms by which coastal foreshore bushland reserves will be prioritised for management action.: A. Note the submissions received as summarised in Attachment 2 and thank the submitters for their input into the Noosa Bushland Reserve Strategic Management Plan 2021-2026; and B. Adopt the Noosa Bushland Reserve Strategic Management Plan 2021-2026 provided at Attachment 1 to the Report.
Moved by Brian Stockwell, seconded by Joe Jurisevic.
Carried unanimously. The minutes do not name who voted which way.
- Noosa Bushland Reserve Strategic Fire Management Plan 2021
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That Council note the report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 8 June 2021 and A. Note the submissio… committee recommendation Carried unanimously
That Council note the report by the Principal Environment Officer to the Planning & Environment Committee Meeting dated 8 June 2021 and A. Note the submissions received as summarised in Attachment 2 and thank the submitters for their input into the Noosa Bushland Reserve Strategic Fire Management Plan 2021; and B. Adopt the Noosa Bushland Reserve Strategic Fire Management Plan 2021 as shown in Attachment 1.
Moved by Joe Jurisevic, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Noosa Biosphere Reserve Foundation - New Partnership Agreement 2021-2025
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That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 8 June 2021 and: defer consideration of… committee recommendation Carried · 5–1
That Council note the report by the Environmental Services Manager to the Planning & Environment Committee Meeting dated 8 June 2021 and: defer consideration of the matter to the Ordinary Meeting dated 17 June 2021 to allow Councillors to hold a workshop to obtain more information on the changes proposed in the new Partnership Agreement. A. Agree to enter into a 4-year Partnership Agreement with the Noosa Biosphere Reserve Foundation from 1 July 2021 as set out in Attachment 1 to the report; B. Authorise the Chief Executive Officer to make any minor alterations to the Partnership Agreement, as may be necessary, and enter into the Partnership Agreement with the Foundation.
Moved by Karen Finzel, seconded by Brian Stockwell.
for 5 — Brian Stockwell, Joe Jurisevic, Amelia Lorentson, Karen Finzel, Frank Wilkie
against 1 — Tom Wegener - Amendments to Commercial Use of Community Land Policy
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That Council note the report by the Property Advisor to the Services & Organisation Committee Meeting dated 8 June 2021 and agree to adopt the amended Commercia… committee recommendation Carried unanimously
That Council note the report by the Property Advisor to the Services & Organisation Committee Meeting dated 8 June 2021 and agree to adopt the amended Commercial Use of Community Land Policy included as Attachment 2 to the report.
Moved by Amelia Lorentson, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
- Financial Performance Report – May 2021
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That Council note the report by the Manager Financial Services to the General Committee Meeting dated 14 June 2021 outlining May 2021 year to date financial per… committee recommendation Budget & finance Carried unanimously
That Council note the report by the Manager Financial Services to the General Committee Meeting dated 14 June 2021 outlining May 2021 year to date financial performance against budget, including performance against key financial sustainability indicators.
Moved by Joe Jurisevic, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- Confidential Session
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That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relat… committee resolution Carried unanimously
That the meeting be closed to the public pursuant to section 254J(3)(e) of the Local Government Regulation 2012 for the purpose of discussing legal advice relating to appeals in the Planning & Environment Court so that Council’s legal position is protected in relation to Item 3 - MCU19/0081 Planning & Environment Court Appeal No. D176 of 2019 - Refusal of Application for 16 Ancillary Dwelling Units at 64 Gateway Drive, Noosaville and Item 4 - MCU20/0008 - Planning & Environment Court Appeal No. D102 of 2020 – Refusal of Ancillary Dwelling Unit at 1/33 Gateway Drive, Noosaville.
Moved by Brian Stockwell, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
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That the meeting be re-opened to the public. committee resolution Carried unanimously
That the meeting be re-opened to the public.
Moved by Joe Jurisevic, seconded by Karen Finzel.
Carried unanimously. The minutes do not name who voted which way.
- MCU19/0081 Planning & Environment Court Appeal No. D176 of 2019 - Refusal of Application for 16 Ancillary Dwelling Units at 64 Gateway Drive, Noosaville
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That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Planning & Enviro… committee recommendation Court cases Development Carried unanimously
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court Appeal No. D176 of 2019 and defer consideration of the matter to the Ordinary Meeting dated 17 June 2021 to allow staff to provide additional conditions for consideration by Councillors.agree to settle the appeal generally in accordance with the conditions contained in the Planning & Environment Committee Agenda dated 8 June 2021:
Moved by Brian Stockwell, seconded by Amelia Lorentson.
Carried unanimously. The minutes do not name who voted which way.
- MCU20/0008 - Planning & Environment Court Appeal No. D102 of 2020 – Refusal of Ancillary Dwelling Unit at 1/33 Gateway Drive, Noosaville
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That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Planning & Enviro… committee recommendation Court cases Development Carried unanimously
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court Appeal No. D102 of 2020 and defer consideration of the matter to the Ordinary Meeting dated 17 June 2021 to allow staff to provide additional conditions for consideration by Councillors. agree to settle the appeal generally in accordance with the conditions contained in the Planning & Environment Committee Agenda dated 8 June 2021.
Moved by Karen Finzel, seconded by Tom Wegener.
Carried unanimously. The minutes do not name who voted which way.
Source
- Council recording: full video © Noosa Shire Council
- Agenda and minutes: council's 2021 meeting archive
- Decisions: our votes register, parsed from council's minutes
- Council's meetings index: noosa.qld.gov.au